Pages 39555±39838 Vol. 61 7±30±96 No. 147 federal register July 30,1996 Tuesday 1 II Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996

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2 III

Contents Federal Register Vol. 61, No. 147

Tuesday, July 30, 1996

Agriculture Department Commodity Futures Trading Commission See Forest Service NOTICES Agency information collection activities: Antitrust Division Submission for OMB review; comment request, 39634 NOTICES Competitive impact statements and proposed consent Copyright Office, Library of Congress judgments: NOTICES International Business Machines Corp., 39666–39667 Digital audio recording technology royalties for 1992, 1993, National cooperative research notifications: and 1994; distribution proceedings, 39670 Portland Cement Association, 39667–39668 Defense Department See Army Department Army Department See Engineers Corps See Engineers Corps NOTICES Drug Enforcement Administration Organization, functions, and authority delegations: NOTICES Deputy Inspection General, 39634 Applications, hearings, determinations, etc.: Mays, Dewey O., Jr., M.D., 39668 Assassination Records Review Board Nahin, David R., M.D., 39668–39669 NOTICES Formal determinations on records release, 39624–39628 Education Department NOTICES Centers for Disease Control and Prevention Agency information collection activities: Proposed collection; comment request, 39635 NOTICES Grantback arrangements; award of funds: Clinical Laboratory Improvement Amendments: Colorado, 39796–39797 Laboratory test systems, assays, and examinations; Senior Executive Service: categorization by complexity, etc.; correction, 39695 Performance Review Board; membership, 39635–39636 Meetings: Disease, Disability, and Injury Prevention and Control Energy Department special emphasis panel, 39661 See Federal Energy Regulatory Commission

Children and Families Administration Engineers Corps NOTICES NOTICES Agency information collection activities: Environmental statements; availability, etc.: Proposed collection; comment request, 39661–39662 Bethany Beach and South Bethany, DE; storm damage Submission for OMB review; comment request, 39662 reduction and beach erosion control project, 39634– 39635 Coast Guard RULES Environmental Protection Agency Electrical engineering: RULES Merchant vessels; electrical engineering requirements Air quality implementation plans; approval and Correction, 39695 promulgation; various States: Pollution: Pennsylvania, 39594–39597 Existing tank vessels without double hulls; structural and Clean Air Act: operational measures to reduce oil spills, 39770– State operating permits programs— 39794 Pennsylvania, 39597–39601 NOTICES PROPOSED RULES Committees; establishment, renewal, termination, etc.: Air quality implementation plans; approval and Towing Safety Advisory Committee, 39687 promulgation; various States: Pennsylvania, 39614–39617 Clean Air Act: Commerce Department State operating permits programs— See Foreign-Trade Zones Board New York, 39617–39623 See International Trade Administration Water pollution control: See National Oceanic and Atmospheric Administration National pollutant discharge elimination system— See Patent and Trademark Office Publicly owned treatment works pretreatment programs; permit application requirements, 39804– Committee for the Implementation of Textile Agreements 39810 NOTICES NOTICES Cotton, wool, and man-made textiles: Agency information collection activities: India, 39687 Proposed collection; comment request, 39641–39644 IV Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Contents

Submission for OMB review; comment request, 39644– Foreign-Trade Zones Board 39645 NOTICES Superfund; response and remedial actions, proposed Applications, hearings, determinations, etc.: settlements, etc.: Louisiana Black Hawk Iron and Metals Site, IA, 39645–39646 Murphy Oil, USA; oil refinery complex; correction, Response action selection; administrative records 39695 availability, 39646–39656 Ohio; correction, 39695 Toxic and hazardous substances control: Puerto Rico Interagency Testing Committee— Puerto Rico Sun Oil Co.; oil refinery complex, 39628– Report, 39832–39838 39629 Premanufacture notices receipts, 39816–39830 Forest Service Federal Aviation Administration RULES RULES Alaska National Interest Lands Conservation Act; Title VIII Airworthiness directives: implementation (subsistence priority), 39698–39753 New Piper Aircraft, Inc., 39584 NOTICES Class E airspace; correction, 39695 Meetings: PROPOSED RULES Blue Mountains Natural Resources Institute, Board of Airworthiness directives: Directors, 39624 Airbus, 39604–39606 General Services Administration Federal Communications Commission NOTICES NOTICES Acquisition regulations: Agency information collection activities: Abstract of offers (SF 1409); form stocking change, 39661 Proposed collection; comment request, 39656–39657 Submission for OMB review; comment request, 39657– Health and Human Services Department 39658 See Centers for Disease Control and Prevention Meetings: See Children and Families Administration Public Safety Wireless Advisory Committee, 39658–39659 See Health Resources and Services Administration RULES Meetings; Sunshine Act, 39659 Conflict of interests, 39756–39767

Federal Energy Regulatory Commission Health Resources and Services Administration NOTICES NOTICES Electric rate and corporate regulation filings: Grants and cooperative agreements; availability, etc.: Northern States Power Co. et al., 39637–39639 Non-acute health care facilities; renovation or PECO Energy Co. et al., 39639–39641 construction projects Applications, hearings, determinations, etc.: Rural, women’s, and oral health care, 39662–39663 Carnegie Interstate Pipeline Co., 39636 Eastern Shore Natural Gas Co., 39636 Housing and Urban Development Department NE Hub Partners, L.P., 39636 PROPOSED RULES Pacific Gas & Electric Co. et al., 39636 Public and Indian housing: West Texas Gas, Inc., 39636–39637 Public housing families; strengthening role of fathers; Williston Basin Interstate Pipeline Co., 39637 regulatory development, 39812–39813

Federal Maritime Commission Indian Affairs Bureau NOTICES PROPOSED RULES Freight forwarder licenses: Tribal government: Foreign Cargo International, Inc., et al., 39659 Indian tribal justice support; base funding formula for OAC Shipping Co., Inc., et al., 39659 distribution of appropriations, 39606–39612

Federal Reserve System Interior Department RULES See Fish and Wildlife Service Securities credit transactions; OTC margin stocks list See Indian Affairs Bureau (Regulations G, T, U, and X), and foreign margin stocks See Land Management Bureau list, 39556–39584 See National Park Service NOTICES See Surface Mining Reclamation and Enforcement Office Banks and bank holding companies: Nonbanking activities, 39660–39661 Internal Revenue Service Permissible nonbanking activities, 39659–39660 NOTICES Meetings; Sunshine Act, 39661 Agency information collection activities: Proposed collection; comment request, 39690 Fish and Wildlife Service RULES International Trade Administration Alaska National Interest Lands Conservation Act; Title VIII NOTICES implementation (subsistence priority), 39698–39753 Antidumping: NOTICES Antifriction bearings (other than tapered roller bearings) Endangered and threatened species permit applications, and parts from— 39663 France et al., 39629–39630 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Contents V

Silicon metal from— National Park Service Brazil, 39630 NOTICES Sparklers from— Environmental statements; availability, etc.: China, 39630–39631 Cabrillo National Monument, CA, 39664 Tapered roller bearings and parts, finished and Klondike Gold Rush National Historical Park, AK, 39664 unfinished, from— San Francisco Maritime National Historical Park, CA, Romania, 39631–39632 39664–39665 Antidumping duty orders and findings: National Register of Historic Places: Intent to revoke, 39629 Pending nominations, 39665 Countervailing duties: Carbon steel products from— Nuclear Regulatory Commission Sweden, 39632 RULES Export trade certificates of review, 39632–39633 Environmental protection; domestic licensing and related North American Free Trade Agreement (NAFTA); regulatory functions: binational panel reviews: Nuclear power plant operating licenses; environmental Porcelain-on-steel cookware from— review for renewal, 39555–39556 Mexico, 39633 NOTICES Environmental statements; availability, etc.: Justice Department Indiana Michigan Power Co., 39672–39673 See Antitrust Division Meetings; Sunshine Act, 39673 See Drug Enforcement Administration Site decommissioning management plan; sites: See Prisons Bureau Removals from list— NOTICES Frome Investment Co. (Brooks & Perkins Corp.), 39673– Pollution control; consent judgments: 39674 Fairchild Industries, Inc., et al., 39665–39666 Applications, hearings, determinations, etc.: San Juan Cement Co., Inc., 39666 Pennsylvania Power & Light Co., 39672

Labor Department Patent and Trademark Office NOTICES RULES Agency information collection activities: Patent cases: Submission for OMB review; comment request, 39669 Fee revisions, 39585–39592 Land Management Bureau Postal Service NOTICES RULES Environmental statements; availability, etc.: International Mail Manual: Eagle Mountain Landfill and Recycling Center Project, International package consignment service to Japan, CA; correction, 39663 Canada, and United Kingdom, 39592–39593 Meetings: NOTICES Resource advisory councils— Privacy Act: Wyoming, 39663 Systems of records, 39674–39675 Oil and gas leases: Utah, 39663–39664 Prisons Bureau Realty actions; sales, leases, etc.: RULES California, 39664 Inmate control, custody, care, etc.: Inmate restraints application and use of force, 39800– Libraries and Information Science, National Commission 39801 See National Commission on Libraries and Information NOTICES Science Inmate control, custody, care, etc.: Library of Congress Incarceration cost; annual fee determination, 39802 See Copyright Office, Library of Congress Public Health Service National Aeronautics and Space Administration See Centers for Disease Control and Prevention NOTICES See Health Resources and Services Administration Inventions, Government-owned; availability for licensing, Securities and Exchange Commission 39670–39672 NOTICES National Commission on Libraries and Information Self-regulatory organizations; proposed rule changes: Science Chicago Board Options Exchange, Inc., 39685–39686 NOTICES National Association of Securities Dealers, Inc., 39686– Meetings; Sunshine Act, 39669–39670 39687 Applications, hearings, determinations, etc.: National Oceanic and Atmospheric Administration Acacia National Life Insurance Co. et al., 39675–39677 RULES American Centurion Life Assurance Co. et al., 39677– Fishery conservation and management: 39679 Bering Sea and Aleutian Islands groundfish, 39601–39602 Great American Reserve Insurance Co. et al., 39679– NOTICES 39682 Permits: IDS Life Insurance Co. of New York et al., 39682–39684 Marine mammals, 39634 PaineWebber Atlas Fund, 39684–39685 VI Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Contents

State Department Separate Parts In This Issue RULES Certificates of authentication; issuance by Assistant Part II Authentication Officers, 39584–39585 Agriculture Department, Forest Service; Interior Department, Fish and Wildlife Service, 39698–39753 Surface Mining Reclamation and Enforcement Office Part III PROPOSED RULES Health and Human Services Department, 39756–39767 Permanent program and abandoned mine land reclamation plan submissions: Part IV Illinois, 39612–39614 Transportation Department, Coast Guard, 39770–39794

Textile Agreements Implementation Committee Part V See Committee for the Implementation of Textile Education Department, 39796–39797 Agreements Part VI Thrift Supervision Office Justice Department; Prisons Bureau, 39800–39802 NOTICES Agency information collection activities: Part VII Proposed collection; comment request, 39691–39694 Environmental Protection Agency, 39804–39810 Submission for OMB review; comment request, 39687 Part VIII Housing and Urban Development Department, 39812–39813 Transportation Department See Coast Guard Part IX See Federal Aviation Administration Environmental Protection Agency, 39816–39830

Treasury Department Part X See Internal Revenue Service Environmental Protection Agency, 39832–39838 See Thrift Supervision Office

Reader Aids United States Information Agency Additional information, including a list of public laws, RULES telephone numbers, reminders, and finding aids, appears in Exchange visitor program: the Reader Aids section at the end of this issue. Short-term scholars; participation period extended, 39585

Veterans Affairs Department Electronic Bulletin Board NOTICES Free Electronic Bulletin Board service for Public Law Agency information collection activities: numbers, Federal Register finding aids, and a list of Submission for OMB review; comment request, 39687 documents on public inspection is available on 202–275– 1538 or 275–0920. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

5 CFR Ch. XLV ...... 39756 10 CFR 51...... 39555 12 CFR 207...... 39556 220...... 39556 221...... 39556 224...... 39556 14 CFR 39...... 39584 71...... 39695 Proposed Rules: 39 (2 documents) ...... 39603, 39604 22 CFR 131...... 39584 514...... 39585 24 CFR Proposed Rules: Ch. IX...... 39812 25 CFR Proposed Rules: 92...... 39606 28 CFR 552...... 39800 30 CFR Proposed Rules: 913...... 39612 33 CFR 157...... 39770 36 CFR 242...... 39698 37 CFR 1...... 39585 39 CFR 20...... 39592 40 CFR 52 (2 documents) ...... 39594, 39597 70...... 39597 Proposed Rules: 52 (2 documents) ...... 39614, 39617 70...... 39617 403...... 39804 46 CFR 31...... 39770 35...... 39770 111...... 39695 112...... 39695 50 CFR 100...... 39698 679...... 39601 39555

Rules and Regulations Federal Register Vol. 61, No. 147

Tuesday, July 30, 1996

This section of the FEDERAL REGISTER that establishes new requirements for NRC Public Document Room, 2120 L contains regulatory documents having general the environmental review of Street NW, (Lower Level) Washington, applicability and legal effect, most of which applications to renew the operating DC, between the hours of 2:45 p.m. and are keyed to and codified in the Code of licenses of nuclear power plants. This 4:15 p.m. on Federal workdays. Federal Regulations, which is published under action is necessary to restore text that 50 titles pursuant to 44 U.S.C. 1510. FOR FURTHER INFORMATION CONTACT: was inadvertently omitted in the Donald P. Cleary, Office of Nuclear The Code of Federal Regulations is sold by printing process and to provide a Regulatory Research, U.S. Nuclear the Superintendent of Documents. Prices of specific publication date for a related Regulatory Commission, Washington, new books are listed in the first FEDERAL issuance. DC 20555–0001, telephone: (301) 415– REGISTER issue of each week. DATES: Absent a determination by the 6263; e-mail [email protected]. NRC that the rule should be modified, 1. On page 28483, second paragraph, based on comments received, the final NUCLEAR REGULATORY line 9, the text in parentheses (xxxx rule should be effective on September 5, 1996) should read (May 1996). COMMISSION 1996. The new comment period expires 2. On page 28484, in (B)(2), second August 5, 1996. 10 CFR Part 51 paragraph, last line, the text in ADDRESSES: Send comments to: The parentheses (xxxx 1996) should read RIN 3150±AD63 Secretary of the Commission, U.S. (May 1996). Nuclear Regulatory Commission, Environmental Review for Renewal of Washington, DC 20555–0001, Attention: § 51.95 [Corrected] Nuclear Power Plant Operating Docketing and Service Branch, or hand Licenses; Correction 3. On page 28489, in § 51.95(c), last deliver comments to the Office of the line, the text in parentheses (xxxx 1996) AGENCY: Nuclear Regulatory Secretary, One White Flint North, 11555 should read (May 1996). Commission. Rockville Pike, Rockville, Maryland, Appendix B [Corrected] ACTION: Final rule: Correction. between 7:30 am and 4:15 pm on Federal workdays. Copies of comments 4. On page 28492, in Table B–1 under SUMMARY: This document corrects a received and all documents cited in the the heading ‘‘Ground-water Use and final rule appearing in the Federal supplementary information section of Quality,’’ insert the following text Register on June 5, 1996 (61 FR 28467), 61 FR 28467 may be examined at the beneath the fourth and last issue.

GROUND-WATER USE AND QUALITY

Issue Category 2 Findings 3

Ground-water use conflicts (Ranney wells) 2 SMALL, MODERATE, OR LARGE. Ranney wells can result in potential ground- water depression beyond the site boundary. Impacts of large ground-water with- drawal for cooling tower makeup at nuclear power plants using Ranney wells must be evaluated at the time of application for license renewal. See § 51.53(c)(3)(ii)(C). Ground-water quality degradation (Ranney 1 SMALL. Ground-water quality at river sites may be degraded by induced infiltration wells). of poor-quality river water into an aquifer that supplies large quantities of reactor cooling water. However, the lower quality infiltrating water would not preclude the current uses of ground water and is not expected to be a problem during the li- cense renewal term. Ground-water quality degradation (saltwater 1 SMALL. Nuclear power plants do not contribute significantly to saltwater intrusion) intrusion). intrusion. Ground-water quality degradation (cooling 1 SMALL. Sites with closed-cycle cooling ponds may degrade ground-water qual- ponds in salt marshes). ity.Because water in salt marshes is brackish, this is not a concern for plants lo- cated in salt marshes. Ground-water quality degradation (cooling 2 SMALL, MODERATE, OR LARGE. Sites with closed-cycle cooling ponds may de- ponds at inland sites). grade ground-water quality. For plants located inland, the quality of the ground water in the vicinity of the ponds must be shown to be adequate to allow continu- ation of current uses. See § 51.53(c)(3)(ii)(D).

******* Note: Footnote at end of table. 39556 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

5. On page 28496, in Footnote 1, the 207, 220 and 221, respectively). This U.S.C. 553 with respect to deferred text in parentheses (xxxx 1996) should determination also affects the effective date have not been followed in read May 1996. applicability of Regulation X (12 CFR connection with the issuance of this Dated at Rockville, MD, this 3rd day of Part 224). These stocks have the degree amendment because the Board finds July, 1996. of national investor interest, the depth that it is in the public interest to For the Nuclear Regulatory Commission. and breadth of market, and the facilitate investment and credit Michael T. Lesar, availability of information respecting decisions based in whole or in part the stock and its issuer to warrant upon the composition of these Lists as Chief, Rules Review Section, Rules Review regulation in the same fashion as and Directives Branch. soon as possible. The Board has exchange-traded securities. The OTC responded to a request by the public [FR Doc. 96–19321 Filed 7–29–96; 8:45 am] List also includes any OTC stock and allowed approximately a two-week BILLING CODE 7590±01±P designated for trading in the national delay before the Lists are effective. market system (NMS security) under rules approved by the Securities and List of Subjects FEDERAL RESERVE SYSTEM Exchange Commission (SEC). 12 CFR Part 207 Additional OTC stocks may be 12 CFR Parts 207, 220, 221 and 224 Banks, Banking, Credit, Margin, designated as NMS securities in the Margin requirements, National Market [Regulations G, T, U, and X] interim between the Board’s quarterly System (NMS Security), Reporting and publications. They will become Securities Credit Transactions; List of automatically marginable upon the recordkeeping requirements, Securities. Marginable OTC Stocks; List of effective date of their NMS designation. 12 CFR Part 220 Foreign Margin Stocks The names of these stocks are available Banks, Banking, Brokers, Credit, at the SEC and at the National AGENCY: Board of Governors of the Margin, Margin requirements, Association of Securities Dealers, Inc. Federal Reserve System. Investments, National Market System and will be incorporated into the ACTION: Final rule; determination of (NMS Security), Reporting and Board’s next quarterly publication of the applicability of regulations. recordkeeping requirements, Securities. OTC List. SUMMARY: The List of Marginable OTC Also listed below is a complete 12 CFR Part 221 edition of the Foreign List. This Stocks (OTC List) is composed of stocks Banks, Banking, Credit, Margin, supersedes the previous Foreign List, traded over-the-counter (OTC) in the Margin requirements, National Market which was published on April 26, 1996 United States that have been determined System (NMS Security), Reporting and (61 FR 18495) and became effective May by the Board of Governors of the Federal recordkeeping requirements, Securities. Reserve System to be subject to the 13, 1996. Pursuant to an amendment to margin requirements under certain Regulation T that became effective July 12 CFR Part 224 Federal Reserve regulations. The List of 1, 1996 (see 61 FR 20386), foreign equity Banks, Banking, Borrowers, Credit, Foreign Margin Stocks (Foreign List) is securities that are deemed to have a Margin, Margin requirements, Reporting composed of foreign equity securities ‘‘ready market’’ for purposes of the and recordkeeping requirements, that have met the Board’s eligibility SEC’s net capital rule (17 CFR Securities. criteria under Regulation T. The OTC 240.15c3–1) are eligible for inclusion on the Board’s Foreign List. The SEC has Accordingly, pursuant to the List and the Foreign List are published authority of sections 7 and 23 of the four times a year by the Board. This issued a no-action letter that effectively treats all stocks on the Financial Times/ Securities Exchange Act of 1934, as document sets forth additions to and amended (15 U.S.C. 78g and 78w), and deletions from the previous OTC List Standard & Poor’s Actuaries World Indices (FT/S&P List) as having a ‘‘ready in accordance with 12 CFR 207.2(k) and and a complete edition of the Foreign 207.6 (Regulation G), 12 CFR 220.2 and List. market’’ for capital purposes and has requested comment on adopting 220.17 (Regulation T), and 12 CFR EFFECTIVE DATE: August 12, 1996. regulatory language to this effect (see 58 221.2(j) and 221.7 (Regulation U), there FOR FURTHER INFORMATION CONTACT: FR 44310). The Board is therefore is set forth below a listing of deletions Peggy Wolffrum, Securities Regulation adding to this edition of the Foreign List from and additions to the OTC List and Analyst, Division of Banking those foreign stocks on the current FT/ the complete edition of the Foreign List. Supervision and Regulation, (202) 452– S&P List that were not on the previous Deletions From the List of Marginable 2781, Board of Governors of the Federal Foreign List. The Board is also OTC Stocks Reserve System, Washington, D.C. reordering the Foreign List to display 20551. For the hearing impaired only, the stocks by country. Stocks Removed for Failing Continued contact Dorothea Thompson, Listing Requirements Telecommunications Device for the Deaf Public Comment and Deferred Effective Date ADVANCED NMR SYSTEMS, INC. (TDD) at (202) 452–3544. $.01 par common SUPPLEMENTARY INFORMATION: Listed The requirements of 5 U.S.C. 553 with Warrants (expire 08–30–2000) below are the deletions from and respect to notice and public ADVANCED PROMOTION additions to the Board’s OTC List, participation were not followed in TECHNOLOGIES, INC. which was last published on April 26, connection with the issuance of this $.01 par common 1996 (61 FR 18495), and became amendment due to the objective ALPHA MICROSYSTEMS effective May 13, 1996. A copy of the character of the criteria for inclusion Warrants (expire 09–01–98) complete OTC List is available from the and continued inclusion on the Lists ANDOVER TOGS, INC. Federal Reserve Banks. specified in 12 CFR 207.6 (a) and (b), $.10 par common The OTC List includes those stocks 220.17 (a), (b), (c) and (d), and 221.7 (a) ARIEL CORPORATION traded over-the-counter in the United and (b). No additional useful Warrants (expire 01–25–2000) States that meet the criteria in information would be gained by public BIO–TECHNOLOGY GENERAL CORP. Regulations G, T and U (12 CFR Parts participation. The full requirements of 5 Warrants (expire 05–07–96) Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39557

CANISCO RESOURCES, INC. $.0001 par common ANDROS INCORPORATED $.0025 par common Depositary Shares $.01 par common COMMUNITY BANK SHARES OF LAS VEGAS ENTERTAINMENT APRIA HEALTHCARE GROUP, INC. INDIANA NETWORK, INC. $.001 par common $.01 par common $.001 par common ARETHUSA (OFF–SHORE) LIMITED CORVITA CORPORATION LASER VIDEO NETWORK, INC. $.10 par common $.001 par common $.001 par common ARGOSY GAMING COMPANY DATAWATCH CORPORATION M.G. PRODUCTS, INC. $.01 par common Warrants (expire 05–28–96) No par common 12% convertible subordinated DISCOVERY ZONE, INC. MEDISENSE, INC. debentures $.01 par common $.01 par common ATHENA NEUROSCIENCES, INC. Liquid Yield Option Notes due 2013 MLX CORPORATION $.01 par common DMX INC. $.01 par common BALLY GAMING INTERNATIONAL, $.01 par common MOBLEY ENVIRONMENTAL INC. ECCS, INC. SERVICES, INC. $.01 par common $.01 par common Class A, $.01 par common BELL BANCORP, INC. ELECTROSOURCE, INC. NAPTO BIOTHERAPEUTICS, INC. $.01 par common $.01 par common Warrants (expire 08–01–98) BENSON FINANCIAL CORPORATION ENVIRONMENTAL SERVICES OF NORTHSTAR HEALTH SERVICES, INC. $.01 par common AMERICA, INC. $.01 par common BIG O TIRES, INC. $.02 par common PACKAGING RESEARCH $.10 par common EXCEL TECHNOLOGY, INC. CORPORATION BOSTON BANCORP Series 1, $.001 par $.01 par common $1.00 par common convertible preferred PRINS RECYCLING CORPORATION C.I.S. TECHNOLOGIES, INC. FIRST COMMERCE BANCSHARES, $.001 par common $.01 par common INC. (Nebraska) PURUS, INC. CADBURY SCHWEPPES PLC Class A, $.20 par common $.01 par common American Depositary Receipts FIRST FINANCIAL BANCORP, INC. RADIUS INC. CALIFORNIA BANCSHARES, INC. No par common No par common $2.50 par common FLUOROSCAN IMAGING SYSTEMS, RCSB FINANCIAL, INC. COMMUNITY BANKS, INC. INC. Series B, $1.00 par non-cumulative (Pennsylvania) Redeemable warrants (expire 07–11– convertible perpetual preferred $5.00 par common 99) SAM & LIBBY, INC. COMPLETE MANAGEMENT, INC. FRONTIER NATURAL GAS $.001 par common $.001 par common CORPORATION SANCTUARY WOODS MULTIMEDIA COMPLINK, LTD. 12% parconvertible preferred CORP. $.01 par common FUTUREMEDIA PUBLIC LIMITED No par common CONESTOGA BANCORP, INC. (New COMPANY SECOND BANCORP, INCORPORATED York) American Depositary Receipts Series A, no par cumulative $.01 par common Warrants (expire 08–19–96) convertible preferred CSB FINANCIAL CORPORATION GENETICS INSTITUTE, INC. STACY’S BUFFET, INC. (Virginia) Warrants (expire 05–31–96) $.01 par common $.01 par common HAMILTON FINANCIAL SERVICES Warrants (expire 11–12–98) DAIG CORPORATION CORP. THERAPEUTIC DISCOVERY $.01 par common $.01 par common CORPORATION ALZA DUAL DRILLING COMPANY HAPPINESS EXPRESS, INC. CORPORATION $.01 par common $.001 par common Units (expire 12–31–99) DURACRAFT CORPORATION HARVEY UNIVERSAL, INC. THOMSON–CSF No par common $.01 par common American Depositary Receipts E & B MARINE, INC. HORSEHEAD RESOURCE U.S. DIAGNOSTIC LABS, INC. $.001 par common DEVELOPMENT COMPANY, INC. Class A, warrants (expire 10–14–99) EDUNETICS LTD. $.01 par common VISTA 2000, INC. Ordinary Shares, NIS .06 par value INTEGRATED COMMUNICATION $.01 par common FACELIFTERS HOME SYSTEMS, INC. NETWORK, INC. Warrants (expire 10–24–98) $.01 par common $.01 par common FAIR, ISSAC AND COMPANY, INC. INTEGRATED MICRO PRODUCTS PLC Stocks Removed for Listing on a $.01 par common American Depositary Shares National Securities Exchange or Being FIRST HARRISBURG BANCOR, INC. INTEGRATED SYSTEMS CONSULTING Involved in an Acquisition $.01 par common GROUP, INC. 1st WASHINGTON BANCORP, INC. FIRSTMISS GOLD, INC. Rights (expire 05–22–96) (Washington, D.C.) $.01 par common INTERLINK ELECTRONICS $.01 par common FORUM GROUP, INC. Warrants (expire 06–07–96) ACME METALS, INC. No par common INVG MORTGAGE SECURITIES CORP. $1.00 par common GENCOR INDUSTRIES, INC. $.01 par common AMERICAN RESOURCE $.10 par common JACOR COMMUNICATIONS, INC. CORPORATION, INC. GREAT AMERICAN MANAGEMENT Warrants (expire 01–14–2000) $.01 par common AND INVESTMENT, INC. JAY JACOBS, INC. AMERISOURCE HEALTH $.01 par common $.01 par common CORPORATION HOME FEDERAL FINANCIAL KENETECH CORPORATION Class A, $.01 par common CORPORATION 39558 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

$.01 par common Additions to the List of Marginable OTC AVIGEN, INC. INFRASONICS, INC. Stocks $.001 par common AXENT TECHNOLOGIES, INC. No par common 4FRONT SOFTWARE INSTENT, INC. $.02 par common INTERNATIONAL, INC. $.01 par common BAB HOLDINGS, INC. No par common KEY PRODUCTION COMPANY, INC. No par common 4HEALTH, INC. $.25 par common BANK OF SOUTH CAROLINA $.01 par common LAFAYETTE AMERICAN BANK & CORPORATION Warrants (expire 01–15–98) TRUST COMPANY (Connecticut) No par common ABIGAIL ADAMS NATIONAL $1.00 par common BANK OF YORBA LINDA BANCORP, INC. LDI CORPORATION No par common $.01 par common $.01 par common BELL TECHNOLOGY GROUP, LTD. ACC CONSUMER FINANCE LFS BANCORP, INC. (Kentucky) $.01 par common $.01 par common CORPORATION BIG CORPORATION OF GEORGIA MASLAND CORPORATION $.001 par common $1.00 par common $.01 par common AES CORPORATION, THE BIOPSYS MEDICAL, INC. MEDALIST INDUSTRIES, INC. Warrants expire 06–12–2001 $.001 par common $1.00 par common AFFINITY TECHNOLOGY GROUP, INC. BIOSOURCE INTERNATIONAL, INC. MICOM COMMUNICATIONS, INC. $.0001 par common No par common $.0001 par common AFFYMETRIX, INC. BIOTRANSPLANT, INC. MID OCEAN LIMITED No par common $.01 par common Class A, $.20 par ordinary shares AIRNET SYSTEMS, INC. BOLDER TECHNOLOGIES MINNESOTA EDUCATIONAL $.01 par common CORPORATION COMPUTING CORP. AKSYS, LTD. $.001 par common $.01 par common $.01 par common BOSTON COMMUNICATIONS GROUP, MOXHAM BANK CORPORATION ALLEGIANT BANCORP, INC. INC. (Pennsylvania) $.01 par common $.01 par common $2.00 par common ALLIANCE GAMING CORPORATION BROADVISION, INC. NOWSCO WELL SERVICE LTD. Series B, 15% non-voting senior $.0001 par common No par common special stock BROOKS FIBER PROPERTIES, INC. OWEN HEALTHCARE, INC. AMERICAN PORTABLE TELECOM, $.01 par common No par common INC. BUILDERS WAREHOUSE PHILIP ENVIRONMENTAL, INC. $1.00 par common ASSOCIATION, INC. No par common ANCOR COMMUNICATIONS, INC. $.008 par common PINKERTON’S INC. $.01 par common C/NET, INC. $.001 par common ANDRX CORPORATION $.0001 par common POLK AUDIO, INC. $.001 par common CALNETICS CORPORATION No par common $.01 par common ANSYS, INC. CAPITAL FACTORS HOLDING, INC. POSITIVE RESPONSE TELEVISION, $.01 par common $.01 par common INC. APACHE MEDICAL SYSTEMS, INC. CARBO CERAMICS, INC. No par common $.01 par common APPLIED GRAPHICS TECHNOLOGIES, $.01 par common PYXIS CORPORATION CARDIAC PATHWAYS CORPORATION $.01 par common INC. $.01 par common $.001 par common QUANTUM HEALTH RESOURCES, CARDIOGENESIS CORPORATION INC. ARADIGM CORPORATION No par common $.001 par common $.01 par common CARDIOTHORACIC SYSTEMS, INC. ARISTO INTERNATIONAL S–K–I LIMITED $.001 par common CORPORATION $.10 par common CARDIOVASCULAR DYNAMICS, INC. $.001 par common STANDARD REGISTER COMPANY, $.001 par common INC. ARTESIAN RESOURCES CASA OLE’ RESTAURANTS, INC. $1.00 par common CORPORATION $.01 par common STRATACOM, INC. Class A, $1.00 par common CASS COMMERCIAL CORPORATION $.01 par common ASAHI/AMERICA, INC. $.50 par common SUMMIT FAMILY RESTAURANTS, No par common CATSKILL FINANCIAL INC. ASE TEST, LIMITED CORPORATION $.10 par common Ordinary Shares, $1.00 par $.01 par common TECHNALYSIS CORPORATION ASPECT DEVELOPMENT, INC. CENTER BANCORP, INC. (New Jersey) $.10 par common $.001 par common No par common TIDE WEST OIL COMPANY ATC COMMUNICATIONS, INC. CENTRAL FINANCIAL ACCEPTANCE $.01 par common $.01 par common CORPORATION UNILAB CORPORATION ATLANTIC BANK AND TRUST $.01 par common $.01 par common COMPANY (Massachusetts) CENTURY FINANCIAL CORPORATION WEDCO TECHNOLOGY, INC. $1.00 par common $.835 par common $.10 par common AUTOMOBILE PROTECTION CERION TECHNOLOGIES, INC. WEST JERSEY BANCSHARES, INC. CORPORATION $.01 par common No par common $.001 par common CFM TECHNOLOGIES, INC. ZALE CORPORATION AUTONOMOUS TECHNOLOGIES No par common $.01 par common CORPORATION CHANNELL COMMERCIAL Class A, warrants (expire 07–29–98) $.01 par common CORPORATION Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39559

$.01 par common $.001 par common GUMTECH INTERNATIONAL, INC. CHECK POINT SOFTWARE ELBIT VISION SYSTEMS, LIMITED No par common TECHNOLOGIES, LTD. Ordinary Shares (1.00 par NIS) HARRINGTON FINANCIAL GROUP, Ordinary Shares (.01 par NIS) ELECTRONIC HAIR STYLING, INC. INC. CHS ELECTRONICS, INC. $.001 par common $.125 par common $.001 par common ELECTROSCOPE, INC. HAYES WHEELS INTERNATIONAL, CITIZENS SECURITY GROUP, INC. No par common INCORPORATED $.01 par common EN POINTE TECHNOLOGIES, INC. $.01 par common CLASSIC BANCSHARES, INC. $.001 par common HEARTPORT, INC. (Kentucky) ENTREMED INC. $.001 par common $.01 par common $.01 par common HORIZON MENTAL HEALTH CLEAN DIESEL TECHNOLOGIES, INC. EP MEDSYSTEMS, INC. MANAGEMENT, INC. $.05 par common No par common $.01 par common COACH USA, INC. EXSORBET INDUSTRIES, INC. I2 TECHNOLOGIES, INC. $.01 par common $.001 par common $.00025 par common COLLABORATIVE CLINICAL FARALLON COMMUNICATIONS, INC. ICT GROUP, INC. RESEARCH, INC. $.002 par common $.01 par common No par common FINE HOST CORPORATION ICTS HOLLAND PRODUCTION B.V. COLLAGENEX PHARMACEUTICALS, $.01 par common Common shares (1 Guilder par value) INC. FIRST FEDERAL BANCSHARES OF IMC MORTGAGE COMPANY $.01 par common ARKANSAS, INC. $.01 par common COMM BANCORP, INC. $.01 par common INCSTAR CORPORATION $.33 par common FIRST FINANCIAL CORPORATION $.01 par common COMMERCIAL NATIONAL $1.00 par common INFONAUTICS, INC. FINANCIAL CORPORATION FIRST REPUBLIC BANCORP, INC. Class A, No par common $2.00 par common (Pennsylvania) INFOSEEK CORPORATION COMMODORE HOLDINGS LIMITED $.01 par common No par common Warrants (expire 07–15–2001) FLAMEL TECHNOLOGIES S.A. INNOVASIVE DEVICES, INC. COMPUSERVE CORPORATION American Depositary Receipts $.0001 par common $.01 par common FLUOROSCAN IMAGING SYSTEMS, INTEG INCORPORATED CONTOUR MEDICAL, INC. INC. $.01 par common $.001 par common Redeemable Warrants (expire 07–11– INTEGRATED SYSTEMS CONSULTING CORTEX PHARMACEUTICALS, INC. 99) GROUP, INC. $.001 par common FORENSIC TECHNOLOGIES $.005 par common CRAIG CONSUMER ELECTRONICS, INTERNATIONAL CORPORATION IXC COMMUNICATIONS, INC. INC. $.01 par common $.01 par common $.01 par common FORT THOMAS FINANCIAL JOACHIM BANCORP, INC. (Missouri) $.01 par common CRW FINANCIAL, INC. CORPORATION JPM COMPANY, THE $.01 par common $.01 par common $.000067 par common DASSAULT SYSTEMES SA FORTRESS GROUP, INC., THE KEYSTONE AUTOMOTIVE American Depositary Receipts $.01 par common INDUSTRIES, INC. DEL GLOBAL TECHNOLOGIES FRONTIER AIRLINES, INC. No par common CORPORATION No par common KWG RESOURCES, INC. $.10 par common FUSION MEDICAL TECHNOLOGIES, No par common DIAMOND HOME SERVICES, INC. INC. LABOR READY, INC. $.001 par common $.001 par common No par common DIATIDE INC. GARDEN BOTANIKA, INC. LANVISION SYSTEMS, INC. $.001 par common $.01 par common $.01 par common DIGENE CORPORATION GENESEE & WYOMING, INC. LIFE MEDICAL SCIENCES, INC. $.01 par common Class A, $.01 par common Class A, warrants (expire 09–22–97) DIGITAL VIDEO SYSTEMS, INC. GEOSCIENCE CORPORATION Class B, warrants (expire 09–22–97) $.0001 par common $.01 par common LION BREWERY, INC., THE Class A warrants, (expire 05–09–2001) GETTY COMMUNICATIONS, PLC $.01 par common Class B warrants, (expire 05–09–2001) American Depositary Receipts LIVE ENTERTAINMENT, INC. DIME COMMUNITY BANCORP, INC. GLASGAL COMMUNICATIONS, INC. $.01 par common (New York) $.001 par common LOEHMANN’S, INC. $.01 par common Warrants (expire 09–21–99) $.01 par common DIVERSIFAX, INC. GLOBAL TELECOMMUNICATIONS MACROCHEM CORPORATION $.001 par common SOLUTIONS, INC. $.01 par common DRILEX CORPORATION $.01 par common MACRONIX INTERNATIONAL CO. $.01 par common GOLDEN KNIGHT RESOURCES, INC. LTD. DUPONT PHOTOMASKS, INC. No par common American Depositary Receipts $.01 par common GRAND PRIX ASSOCIATION OF LONG MARKS BROS. JEWELERS, INC. EAGLE BANCGROUP, INC. (Illinois) BEACH, INC. $.001 par common $.01 par common No par common MATAV–CABLE SYSTEMS MEDIA ECLIPSE SURGICAL TECHNOLOGIES, GRAPHIX ZONE, INC. LTD. INC. No par common American Depositary Receipts No par common GREENWICH AIR SERVICES, INC. MCI COMMUNICATIONS EDIFY CORPORATION Class B, $.01 par common CORPORATION 39560 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Series A, 8% cumulative quarterly OPTICAL SECURITY GROUP, INC. No par common income preferred $.005 par common REMEDYTEMP, INC. McLEOD INC. OSICOM TECHNOLOGIES, INC. Class A, $.01 par common Class A, $.01 par common $.10 par common RENAISSANCE CAPITAL GROWTH & MECHANICAL DYNAMICS, INC. OUTDOOR SYSTEMS, INC. INCOME FUND, III No par common $.01 par common $1.00 par common MECHANICS SAVINGS BANK OXIGENE, INC. RUSH ENTERPRISES, INC. (Connecticut) Warrants (expire 08–26–98) $.01 par common $.01 par common OZEMAIL, LIMITED RUTHERFORD–MORAN OIL MED–DESIGN CORPORATION, THE American Depositary Receipts CORPORATION $.01 par common P.T. PASIFIK SATELIT NUSANTARA $.01 par common MEDALLION FINANCIAL American Depositary Receipts SABRATEK CORPORATION CORPORATION PACIFICAMERICA MONEY CENTER, $.01 par common $.01 par common INC. SAES GETTERS S.P.A. MEDICORE, INC. $.01 par common American Depositary Receipts $.01 par common PAGEMART WIRELESS, INC. SANDY SPRING BANCORP, INC. MEDQUIST, INC. Class A, $.0001 par common $1.00 par common No par common PARAVANT COMPUTER SYSTEMS, SANTA BARBARA BANCORP METROWERKS CORPORATION INC. $.67 par common No par common Redeemable warrants (expire 11–30– SAWAKO CORPORATION MICROCIDE PHARMACEUTICALS, 2002) American Depositary Receipts INC. PCT HOLDINGS, INC. SAWTEK INC. $.001 par common $.001 par common $.0005 par common MILLENNIUM PHARMACEUTICALS, Warrants (expire 07–15–2001) SECURITY FIRST NETWORK BANK INC. PENNICHUCK CORPORATION No par common $.001 par common $1.00 par common SIEBEL SYSTEMS, INC. MITCHAM INDUSTRIES, INC. PHOENIX INTERNATIONAL LTD. INC. $.001 par common $.01 par common $.01 par common SMITHWAY MOTOR XPRESS MULTIPLE ZONES INTERNATIONAL, PHONETEL TECHNOLOGIES, INC. CORPORATION INC. $0.01 par common Class A, $.01 par common No par common PHOTRAN CORPORATION SOUTHWEST BANKS, INC. NASHVILLE COUNTRY CLUB, INC. No par common $.10 par common No par common PHYSIOMETRIX, INC. SPECIALIZED HEALTH PRODUCTS Warrants (expire 04–23–2001) $.001 par common INTERNATIONAL, INC. NEMARRON CORPORATION PLANET HOLLYWOOD $.02 par common No par common INTERNATIONAL, INC. SPECTRALINK CORPORATION NEMATRON CORPORATION Class A, $.01 par common $.01 par common No par common PLANET POLYMER TECHNOLOGIES, SPINNAKER INDUSTRIES, INC. NEOPHARM, INC. INC. No par common $.000429 par common No par common SS&C TECHNOLOGIES, INC. NETWORK CONNECTION, INC., THE PLANNING SCIENCES $.01 par common Warrants (expire 05–11–98) INTERNATIONAL PLC STANDARD FUNDING CORPORATION NEUROCRINE BIOSCIENCES, INC. American Depositary Receipts $.001 par common $.001 par common POLYCOM, INC. STRATASYS, INC. NEW HORIZON KIDS QUEST, INC. $.0005 par common $.01 par common $.01 par common PRECISION RESPONSE SUBURBAN LODGES OF AMERICA, NORTH FACE, INC., THE CORPORATION INC. $.0025 par common No par common $.01 par common NOVOSTE CORPORATION PREMIER FINANCIAL BANCORP, INC. SUIZA FOODS CORPORATION $.01 par common (Kentucky) $.01 par common NYER MEDICAL GROUP, INC. No par common SUNQUEST INFORMATION SYSTEMS, $.00001 par common PRESTIGE BANCORP, INC. INC. OACIS HEALTHCARE HOLDINGS (Pennsylvania) No par common CORPORATION $1.00 par common SUNRISE ASSISTED LIVING, INC. $.01 par common PRINTRAK INTERNATIONAL INC. $.01 par common OCEAN FINANCIAL CORPORATION $.0001 par common SUNSHINE MINING AND REFINING $.01 par common PRINTWARE, INC. COMPANY ONEWAVE, INC. No par common Warrants (expire 05–22–2001) $.001 par common PROVIDENT FINANCIAL HOLDINGS, SUPER VISION INTERNATIONAL, INC. ONYX PHARMACEUTICALS, INC. INC. $.001 par common $.001 par common $.01 par common SWEDISH MATCH, AB OPEN MARKET, INC. PUBLISHING COMPANY OF NORTH American Depositary Receipts $.001 par common AMERICA, INC., THE SYKES ENTERPRISES, OPEN PLAN SYSTEMS, INC. No par common INCORPORATED No par common QIAGEN N.V. $.01 par common OPENVISION TECHNOLOGIES, INC. Common shares (par .03 NLG) T. J. T., INC. $.001 par common RECYCLING INDUSTRIES, INC. $.001 par common OPTEK TECHNOLOGY, INC. $.001 par common TCI PACIFIC COMMUNICATIONS, INC. $.01 par common REGISTRY, INC., THE Class A, $100 par common Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39561

TECHDYNE, INC. WIZTEC SOLUTIONS, LIMITED CRA LIMITED $.01 par common Ordinary Shares Ordinary shares, par A$2.00 TELEPORT COMMUNICATIONS YIELDUP INTERNATIONAL CSR LIMITED GROUP, INC. $.001 par common Ordinary shares, par A$1.00 Class A, $.01 par common YONKERS FINANCIAL CORPORATION DAVIDS LIMITED THERAPEUTIC DISCOVERY $.01 par common Ordinary shares, par A$0.50 CORPORATION ZILA, INC. EMAIL LIMITED Class A, $.01 par common $.001 par common Ordinary shares, par A$0.50 THERMATRIX, INC. ZOMAX OPTICAL MEDIA, INC. F.H. FAULDING & CO LIMITED $.001 par common No par common Ordinary shares, par A$0.50 THORATEC LABORATORIES ZYDECO ENERGY, INC. FAIRFAX (JOHN) HOLDINGS LIMITED CORPORATION $.001 par common Ordinary shares, par A$0.50 No par common FOODLAND ASSOCIATED LIMITED TITANIUM METALS CORPORATION List of Foreign Margin Stocks Ordinary shares, par A$0.50 $.01 par common AUSTRALIA FOSTER’S BREWING GROUP LIMITED Ordinary shares, par A$1.00 TOOLEX–ALPHA, N.V. AAPC Limited Ordinary Shares FRANKED INCOME FUND Ordinary shares, par A$0.50 TRANSITION SYSTEMS, INC. Units, par A$1.00 ABERFOYLE LIMITED $.01 par common GANDEL RETAIL TRUST Ordinary shares, par A$0.50 TRANZ RAIL HOLDINGS, LIMITED Ordinary shares, par A$0.50 ADVANCE BANK AUSTRALIA American Depositary Receipts GENERAL PROPERTY TRUST TRAVIS BOATS & MOTORS, INC. LIMITED Units, par A$1.00 $.01 par common Ordinary shares, par A$1.00 GIO AUSTRALIA HOLDINGS LIMITED TRICO MARINE SERVICES, INC. AMCOR LIMITED Ordinary shares, par A$1.00 $.01 par common Ordinary shares, par A$1.00 GOLD MINES OF KALGOORLIE TURBOCHEF, INC. ARNOTTS LIMITED LIMITED $.01 par common Ordinary shares, par A$0.50 Ordinary shares, par A$0.05 UFP TECHNOLOGIES, INC. ASHTON MINING LIMITED GOODMAN FIELDER LIMITED $.01 par common Ordinary shares, par A$0.50 Ordinary shares, par A$0.50 UGLY DUCKLING CORPORATION AUSTRALIA AND NEW ZEALAND HOWARD SMITH LIMITED $.001 par common BANKING GROUP Ordinary shares, par A$1.00 UNIFY CORPORATION Ordinary shares, par A$1.00 ICI AUSTRALIA LIMITED $.001 par common AUSTRALIAN FOUNDATION Ordinary shares, par A$1.00 UNITED PAYORS & UNITED INVESTMENT CO LTD JAMES HARDIE INDUSTRIES LIMITED PROVIDERS, INC. Ordinary shares, par A$0.50 Ordinary shares, par A$1.00 $.01 par common AUSTRALIAN GAS LIGHT COMPANY KIDSTON GOLD MINES LIMITED UROCOR, INC. (THE) Ordinary shares, par A$0.20 $.01 par common Ordinary shares, par A$1.00 LEND LEASE CORPORATION LIMITED USCS INTERNATIONAL, INC. AUSTRALIAN NATIONAL Ordinary shares, par A$0.50 $.05 par common INDUSTRIES LIMITED M.I.M. HOLDINGS LIMITED VECTRA BANKING CORPORATION Ordinary shares, par A$0.30 Ordinary shares, par A$0.50 $.10 Series A cumulative preferred BANK OF MELBOURNE LIMITED MAYNE NICKLESS LIMITED VERILINK CORPORATION Ordinary shares, par A$1.00 Ordinary shares, par A$0.50 $.01 par common BORAL LIMITED METAL MANUFACTURES LIMITED VIRUS RESEARCH INSTITUTE, INC. Ordinary shares, par A$0.50 Ordinary shares, par A$0.50 $.01 par common BOUGAINVILLE COPPER LIMITED NATIONAL AUSTRALIA BANK VISIBLE GENETICS, INC. Ordinary shares, par 1 Papua New LIMITED No par common Guineau kina Ordinary shares, par A$1.00 WALSH INTERNATIONAL, INC. BRAMBLES INDUSTRIES LIMITED NATIONAL FOODS LIMITED $.01 par common Ordinary shares, par A$0.50 Ordinary shares, par A$0.50 WAYNE BANCORP, INC. (New Jersey) BROKEN HILL PROPRIETARY NEWCREST MINING LIMITED $.01 par common COMPANY LIMITED Ordinary shares, par A$0.50 WEST COAST ENTERTAINMENT Ordinary shares, par A$1.00 NEWS CORPORATION LIMITED (THE) CORPORATION BURNS, PHILP AND COMPANY Ordinary shares, par A$0.50 $.01 par common LIMITED NORMANDY MINING LIMITED WESTERN FIDELITY FUNDING, INC. Ordinary shares, par A$0.50 Ordinary shares, par A$0.20 $.001 par common CALTEX AUSTRALIA LIMITED NORTH LIMITED WESTERN STAFF SERVICES, INC. Ordinary shares, par A$1.00 Ordinary shares, par A$0.50 $.01 par common CAPITAL PROPERTY TRUST OPSM PROTECTOR LIMITED WESTERN WIRELESS CORPORATION Units, par A$1.00 Ordinary shares, par A$0.50 Class A, No par common COCA-COLA AMATIL LIMITED ORBITAL ENGINE CORPORATION WHITTMAN–HART, INC. Ordinary shares, par A$0.50 LIMITED $.001 par common COLES MYER LIMITED Ordinary shares, par A$0.50 WIDECOM GROUP, INC., THE Ordinary shares, par A$0.50 PACIFIC DUNLOP LIMITED No par common COMALCO LIMITED Ordinary shares, par A$0.50 Redeemable purchase warrants Ordinary shares, par A$1.00 PASMINCO LIMITED WILLIAM GREENBERG, JR., DESSERTS COMMONWEALTH BANK OF Ordinary shares, par A$1.00 AND CAFES, INC. AUSTRALIA PIONEER INTERNATIONAL LIMITED $.001 par common Ordinary shares, par A$2.00 Ordinary shares, par A$0.50 39562 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

PLUTONIC RESOURCES LIMITED Ordinary shares, par 100 Austrian No par participating certificates Ordinary shares, par A$0.50 schillings BANQUE BRUXELLES LAMBERT POSGOLD LIMITED BOEHLER UDDEHOLM AG Ordinary shares, no par Ordinary shares, par A$0.10 Ordinary shares, par 100 Austrian BBL (BANQUE BRUX LAMB) PUBLISHING AND BROADCASTING schillings Ordinary shares, no par LIMITED BRAU–UNION GOESS–REININGH.– BEKAERT NV Preferred, par A$1.00 OEST. BRAU AG No par participating certificates PUBLISHING AND BROADCASTING Ordinary shares, par 100 Austrian C BELGE D’PARTI PARIBAS—VPR LIMITED schillings (COBEPA) Ordinary shares, par A$1.00 CREDITANSTALT–BANKVEREIN AG Ordinary shares, no par QBE INSURANCE GROUP LIMITED Ordinary shares, par 1000 Austrian CIMENTERIES CBR Ordinary shares, par A$1.00 schillings CEMENTBEDRIJVEN SA QCT RESOURCES LIMITED CREDITANSTALT–BANKVEREIN AG No par parts sociales Ordinary shares, par A$0.50 Preferred shares, par 100 Austrian COMPAGNIE BENELUX PARIBAS SA RGC LIMITED schillings No par participating certificates Ordinary shares, par A$0.50 CREDITANSTALT–BANKVEREIN AG ELECTRABEL SA ROTHMANS HOLDINGS LIMITED Participation Certificates, par 500 No par participating certificates Ordinary shares, par A$0.50 Austrian schillings ELECTRAFINA SANTOS LIMITED ENERGIE–VERSORGUNG Ordinary shares, no par Ordinary shares, par A$0.25 NIEDEROESTERREICH AG ETABLIS. DELHAIZE FRERES & CIE LE SCHRODERS PROPERTY FUND Ordinary shares, par 100 Austrian LION Units, par A$1.00 schillings No par participating certificates SEVEN NETWORK LIMITED LENZING AG FORTIS AG Ordinary shares, par A$0.50 Ordinary shares, par 100 Austrian Ordinary shares, no par SIMSMETAL LIMITED schillings GENERALE DE BANQUE SA Ordinary shares, par A$0.50 LEYKAM–MUERTZTALER PAPIER & No par actions ordinaires SONS OF GWALIA LIMITED ZELLSTOFF AG GEVAERT–PHOTO PRODUITS SA Ordinary shares, par A$0.25 Ordinary shares, par 100 Austrian No par capital actions ordinaires SOUTHCORP HOLDINGS LIMITED schillings GIB SA Ordinary shares, par A$0.50 MAYR–MELNHOF KARTON AG No par participating certficates ST. GEORGE BANK LIMITED Ordinary shares, par 100 Austrian GROUPE BRUXELLES LAMBERT SA Ordinary shares, par A$1.00 schillings No par participating certficates STOCKLAND TRUST GROUP OESTERREICHISCHE KREDIETBANK NV Ordinary shares, par A$1.10 ELEKTRIZITAETSWIRTSCH. Ordinary shares, no par Class A, par 100 Austrian schillings TNT LIMITED KREDIETBANK NV OMV AG Ordinary shares, par A$0.50 VVPR Shares Ordinary shares, par 100 Austrian WESFARMERS LIMITED PETROFINA SA schillings Ordinary shares, par A$0.50 PERLMOOSER ZEMENTWERKE AG Ordinary shares, no par WESTFIELD HOLDINGS LIMITED Ordinary shares, par 100 Austrian POWERFIN SA Ordinary shares, par A$1.00 schillings No par participating certificates WESTFIELD TRUST RADEX–HERAKLITH ROYALE BELGE SA Units, par A$1.00 INDUSTRIEBETEILIGUNGS AG No par participating certificates WESTPAC BANKING CORPORATION Ordinary shares, par 100 Austrian SOCIETE GENERALE DE BELGIQUE SA Ordinary shares, par A$1.00 schillings No par participating certificates WMC LTD STEYR–DAIMLER–PUCH AG SOLVAY SA Ordinary shares, par A$0.50 Ordinary shares, par 100 Austrian Ordinary shares, no par WOODSIDE PETROLEUM LIMITED schillings TRACTEBEL SA Ordinary shares, par A$0.50 UNIVERSALE–BAU AG Ordinary shares, no par WOOLWORTHS LIMITED Ordinary shares, par 100 Austrian UCB SA Ordinary shares, par A$0.25 schillings No par ordinary capital UCB SA AUSTRIA VA–TECHNOLOGIE AG Ordinary Bearer shares, par 100 No par capital AUSTRIAN AIRLINES Austrian schillings IL Bearer shares, par 1000 Austrian VOEST–ALPHINE STAHL’S schillings STRAHAMMER ARACRUZ CELULOSE S.A. BANK AUSTRIA AG Ordinary shares, par 100 Austrian No par non-voting, Class B Preferred Preferred shares, par 100 Austrian schillings BANCO BRADESCO S.A. schillings WIENERBERGER No par non-voting, preferred BANK AUSTRIA AG BAUSTOFFINDUSTRIE AG BANCO DO BRASIL S.A. Ordinary shares, par 100 Austrian Ordinary shares, par 100 Austrian No par non-voting, preferred schillings schillings BANCO ITAU S.A. BANK AUSTRIA AG No par non-voting, preferred Ordinary Participating Certificates, BELGIUM BRASMOTOR S.A. par 100 Austrian S ALMANIJ–KREDIETBANK GROUP No par preferred BBAG OESTERREICHISCHE BRAU No par participating certificates CENTRAIS ELECTRICAS BRASILEIRAS BETEILIGUNGS ALMANIJ–KREDIETBANK GROUP (ELETROBRAS) Ordinary shares, par 100 Austrian VVPR Shares No par class B non-voting, preferred schillings ARBED–ACIER REUNIE DE BURBACH– CESP—COMPANHIA ENERGETICA DE BEST WATER TECHNOLOGY EICH–DUDEL SAO PAULO Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39563

No par non-voting, convertible No par common No par common preferred ANDERSON EXPLORATION LTD. DONOHUE INC. COMPANHIA CERVEJARIA BRAHNA No par common No par class A Subordinate-voting No par non-voting, preferred AVENDOR INC. common COMPANHIA ENERGETICA DE MINAS No par common DUNDEE BANCORP INC. GERAIS (CEMIG) BANK OF MONTREAL No par class A Subordinate-voting Preferred, par .00364 Brazilian real No par common common COMPANHIA SIDERURGICA BELGO BANK OF NOVA SCOTIA, THE ECHO BAY MINES LTD. MINEIR No par common No par common No par non-voting, preferred BARRICK GOLD CORPORATION EDPER GROUP LIMITED COMPANHIA SIDERURGICA BELGO No par common No par Class A common MINEIR BC TELECOM INC. EXTENDICARE INC. No par common No par common No par Class A Subordinate-voting COMPANHIA SIDERURGICA BCE INC. common TUBARAO No par common FAIRFAX FINANCIAL HOLDINGS LTD. No par non-voting, Preferred B Shares BCE MOBILE COMMUNICATIONS INC. No par multiple-voting COMPANHIA SUZANO DE PAPEL No par common FALCONBRIDGE LIMITED CELULOSE PN BIOCHEM PHARMA INC. No par common No par non-voting, preferred No par common FLETCHER CHALLENGE CANADA COMPANHIA VIDRARIA SANTA BOMBARDIER INC. LTD. MARINA ON No par Class B common No par Class A common No par common BRASCAN LIMITED FOUR SEASONS HOTELS LTD. DURATEX S.A. No par Class A common No par Subordinate Voting Share Capital, par .00105 Brazilian BRE–X MINERALS LTD. FRANCO-NEVADA MINING CORP. real No par common LTD. IND. KLABIN PAPEL E CELULOSE BRUNCOR INC. No par common No par non-voting, preferred No par common GENDIS INC. INVESTIMENTOS ITAU S.A. CAE INC. No par Class A Common No par non-voting, preferred No par common GENTRA INC. LOJAS AMERICANAS S.A. CAMBRIDGE SHOPPING CENTRES No par common No par common LIMITED GULF CANADA RESOURCES LIMITED LOJAS AMERICANAS S.A. No par common Ordinary shares, no par No par non-voting, preferred CAMECO CORPORATION HEES INTERNATIONAL BANCORP PETROBRAS DISTRIBUIDORA S.A. No par common INC. Ordinary shares, no par CANADIAN IMPERIAL BANK OF No par common PETROBRAS DISTRIBUIDORA S.A. COMMERCE HEMLO GOLD MINES INC. No par non-voting, preferred No par common No par common TELECOMUNICACOES BRASILEIRAS CANADIAN MARCONI COMPANY HOLLINGER INC. S.A. (TELEGRAS) No par common No par common No par non-voting, preferred CANADIAN NATIONAL RAILWAY HORSHAM CORP. TELECOMUNICACOES BRASILEIRAS No par common No par Subordinate-voting S.A. (TELEGRAS) CANADIAN NATURAL RESOURCES IMASCO LIMITED No par common LTD. No par common TELECOMUNICACOES DE SAO No par common IMPERIAL OIL LIMITED PAULO S.A. (TELSP) CANADIAN OCCIDENTAL No par common No par non-voting, preferred PETROLEUM LTD. INCO LIMITED USINAS SIDERUGICAS DE MINAS No par common No par common GERAIS S.A. (USIMINAS) CANADIAN PACIFIC LIMITED INVESTORS GROUP INC. No par non-voting, preferred Ordinary shares, no par No par common VALE RIO DOCE NAVEGACAO CANADIAN TIRE CORPORATION IPL ENERGY INC. No par preferred LIMITED No par common VALE RIO DOCE NAVEGACAO No par Class A common JANNOCK LIMITED (DOCENAVE) CANADIAN UTILITIES LTD. No par common No par common No par Class A common KINROSS GOLD CORP. WHITE MARTINS S.A. CANFOR CORPORATION No par common No par common No par common LAIDLAW INC. COCA-COLA BEVERAGES LTD. No par Class B common CANADA No par common LOBLAW COMPANIES ABITIBI–PRICE INC. COGNOS INC. No par common No par common No par common LOEWEN GROUP INC. THE AFMS VIRIDIAN INC. COMINCO LTD. No par common No par common No par common LONDON INSURANCE GROUP INC. AGNICO–EAGLE MINES LIMITED DIAMOND FIELDS RESOURCES INC. No par common No par common No par common MACMILLAN BLOEDEL LIMITED AIR CANADA DOFASCO INC. No par common No par common No par common MAGNA INTERNATIONAL INC. ALBERTA ENERGY COMPANY LTD. DOMINION TEXTILE INC. No par Subordinate-voting Class A No par common No par common MARITIME TELEGRAPH & ALCAN ALUMINIUM LIMITED DOMTAR INC. TELEPHONE CO., LTD. 39564 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

No par common STELCO INC. GN STORE NORD A/S (GN GREAT METHANEX CORP. No par Class A convertible common NORDIC LTD.) No par common STONE–CONSOLIDATED CORP. Share Capital, par Danish krone MITEL CORPORATION No par common ICOPAL A/S No par common SUNCOR INC. Share Capital, par 100 Danish krone MOLSON COMPANIES LIMITED (THE) No par common ISS–INTERNATIONAL SERVICE No par Class A common TALISMAN ENERGY INC. SYSTEM A/S MOORE CORPORATION LIMITED No par common B shares, par 20 Danish krone No par common TECK CORPORATION J. LAURITZEN HOLDING A/S NATIONAL BANK OF CANADA No par Class B common B shares, par 20 Danish krone No par common TELUS CORP. JYSKE BANK A/S NATIONAL TRUSTCO INC No par common Registered shares par 100 Danish No par common THOMSON CORPORATION krone NEWBRIDGE NETWORKS CORP. No par common KOBENHAVNS LUFTHAVNE A/S No par common TORONTO DOMINION BANK, THE B shares, par 100 Danish krone NORANDA FOREST INC. No par common NKT HOLDING A/S No par common TORONTO SUN PUBLISHING Share Capital, par 100 Danish krone NORANDA INC. CORPORATION NOVO NORDISK A/S No par common No par common B shares, par 20 Danish krone NORCEN ENERGY RESOURCES TOTAL PETROLEUM (NORTH RADIOMETER A/S LIMITED AMERICA) LTD. B shares, par 20 Danish krone No par Subordinate-voting No par common SAS DANMARK A/S NORTHERN TELECOM LIMITED TRANSALTA CORPORATION Free Shares, par 10 Danish krone No par common No par common SOPHUS BERENDSEN A/S NOVA CORPORATION TRANSCANADA PIPELINES LIMITED B shares, par 20 Danish krone No par common No par common SOPHUS BERENDSEN A/S OSHAWA GROUP LIMITED, THE TRILON FINANCIAL CORPORATION A Shares, par 20 Danish krone No par Class A Common No par Class A common SUPERFOS A/S PETRO–CANADA TRIMAC LIMITED Share Capital, par 100 Danish krone No par common No par common TELE DANMARK A/S PLACER DOME, INC. TVX GOLD INC. B shares, par 10 Danish krone No par common No par common TOPDANMARK A/S POCO PETROLEUMS LTD. UNITED DOMINION INDUSTRIES LTD. Registered shares par 100 Danish No par common No par common krone POTAS CORPORATION OF WESTCOAST ENERGY INC UNIDANMARK A/S SASKATCHEWAN INC. No par common Registered A shares par 100 Danish No par common WESTON (GEORGE) LIMITED krone POWER CORPORATION OF CANADA No par common No par common FINLAND POWER FINANCIAL CORPORATION DENMARK CULTOR OY No par common A/S DET OSTASIATISKE KOMPAGNI Series 2, par 12 Finnish markka PROVIGO INC. Share Capital, par 100 Danish krone CULTOR OY $1.00 par common A/S TH. WESSEL & VETT, MAGASIN Series 1, par 12 Finnish markka RANGER OIL LIMITED DU NORD ENSO OY No par common C Shares, par 100 Danish krone Registered Shares par 10 Finnish RENAISSANCE ENERGY LTD. AARHUS OLIEFABRIK A/S markka No par common A Shares, par 100 Danish krone HUHTAMAKI OY RIO ALGOM LIMITED BIKUBEN GIROBANK A/S I Shares, par 20 Finnish markka No par common Registered shares par 100 Danish HUHTAMAKI OY ROGERS COMMUNICATIONS INC. krone K Shares, par 20 Finnish markka No par Class B common CARLSBERG A/S KESKO OY ROYAL BANK OF CANADA B shares, par 20 Danish krone Ordinary Convertible par 10 Finnish No par common CARLSBERG A/S markka RUSSEL METALS INC. A Shares par 20 Danish krone KONE OY No par Class A common CHRISTIAN HANSEN HOLDING A/S B Shares, par 50 Finnish markka SCOTT’S HOSPITALITY INC. B shares, par 20 Danish krone MERITA LTD No par common subordinate-voting COLOPLAST A/S A Shares, par 5 Finnish markka SEAGRAM COMPANY LTD., THE B shares, par 20 Danish krone MERITA LTD No par common DAMPSKIBSSELSKABET AF 1912 A/S B Shares, par 5 Finnish markka SEARS CANADA INC. B shares, par 1000 Danish krone METRA OY No par common DAMPSKIBSSELSKABET SVENDBORG B Shares, par 20 Finnish markka SHELL CANADA LTD. A/S METRA OY No par Class A common B shares, par 1000 Danish krone A Shares, par 20 Finnish markka SOUTHAM INC. DANISCO A/S METSA–SERLA OY No par common Share Capital, par 20 Danish krone B Ordinary Shares, par 10 Finnish SPAR AEROSPACE LIMITED DEN DANSKE BANK A/S markka No par common Share Capital, par 100 Danish krone METSA–SERLA OY ST. LAWRENCE CEMENT INC. FLS INDUSTRIES A/S A Ordinary Shares, par 10 Finnish No par Class A common B shares, par 100 Danish krone markka Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39565

OUTOKUMPU OY CIE GENERALE DES Ordinary shares, par 50 French francs A Ordinary Shares, par 10 Finnish ETABLISSEMENTS MICHELIN GROUPE DANONE SA markka B Ordinary Registered shares, par 12 Ordinary shares, par 10 French francs OY NOKIA AB French francs GROUPE SEB SA K Shares, par 5 Finnish markka CLUB MEDITERRANEE SA Ordinary shares, par 20 French francs OY NOKIA AB Ordinary shares, par 25 French francs GTM-ENTREPOSE SA Preferrerd A Shares, par 5 Finnish COMPAGNIE BANCAIRE SA Ordinary shares, par 50 French francs markka Ordinary shares, par 100 French HAVAS ADVERTISING SA OY STOCKMANN AB francs Ordinary shares, par 50 French francs A Ordinary Shares, par 20 Finnish COMPAGNIE DE SAINT-GOBAIN SA HAVAS SA markka Ordinary shares, par 100 French Ordinary shares, par 15 French francs POHJOLA OY francs IMETAL SA A Shares, par 5 Finnish markka COMPAGNIE DE SUEZ SA Ordinary shares, par 50 French francs POHJOLA OY Ordinary shares, par 75 French francs L’AIR LIQUIDE SA B Shares, par 5 Finnish markka COMPAGNIE FINANCIERE DE Ordinary shares, par 70 French francs RAUMA OY PARIBAS L’OREAL SA A Shares, par 10 Finnish markka A Ordinary shares, par 50 French Ordinary shares, par 10 French francs RAUTARUUKKI OY francs LABINAL SA K Series, par 10 Finnish markka COMPAGNIE GENERALE DE Ordinary shares, par 100 French REPOLA OY GEOPHYSIQUE SA francs Ordinary shares, par 10 Finnish Ordinary shares, par 10 French francs LAFARGE SA markka COMPAGNIE GENERALE DES EAUX Ordinary shares, par 25 French francs VALMET OY CORP SA LAGARDERE GROUPE SCA Share Capital par 10 Finnish markka Ordinary shares, par 100 French Registered shares, par 40 French francs FRANCE francs COMPAGNIE UAP SA LEGRAND SA ACCOR SA Ordinary shares, par 10 French francs Ordinary shares, par 10 French francs Ordinary shares, par 100 French COMPTOIRS MODERNES SA LEGRIS INDUSTRIES SA francs Ordinary shares, par 100 French Ordinary shares, par 20 French francs ALCATEL ALSTHOM CIE GENERALE francs LVMH MOET–HENNESSY LOUIS D’ELEC. SA CREDIT COMMERCIAL DE FRANCE SA VUITTON SA Ordinary shares, par 40 French francs Ordinary shares, par 25 French francs Ordinary shares, par 10 French francs ASSURANCES GENERALES DE CREDIT FONCIER DE FRANCE SA LYONNAISE DES EAUX SA FRANCE SA Ordinary shares, par 100 French Ordinary shares, par 60 French francs Ordinary Bearer shares, par 30 French francs MOULINEX SA francs CREDIT LOCAL DE FRANCE SA Ordinary shares, par 10 French francs AXA SA Ordinary shares, par 100 French NORD EST SA Ordinary shares, par 60 French francs francs Ordinary shares, par 50 French francs BANQUE NATIONALE DE PARIS SA CREDIT NATIONAL SA PECHINEY Ordinary shares, par 25 French francs Ordinary shares, par 100 French A Common, par 100 French francs BERTRAND FAURE SA francs PERNOD RICARD SA Ordinary shares, par 5 French francs DAMART SA Ordinary shares, par 20 French francs BONGRAIN SA Ordinary shares, par 50 French francs PEUGEOT SA Ordinary shares, par 50 French francs DMC–DOLLFUS–MIEG & CIE SA Ordinary shares, par 35 French francs BOUYGUES SA Ordinary shares, par 75 French francs PINAULT–PRINTEMPS REDOUTE SA Ordinary shares, par 50 French francs DOCKS DE FRANCE SA Ordinary shares, par 100 French C.P.R. CIE PARISIENNE DE Ordinary shares, par 10 French francs francs REESCOMPTE ECCO SA POLIET SA Ordinary shares, par 50 French francs Ordinary shares, par 25 French francs Ordinary shares, par 50 French francs CANAL PLUS ELF AQUITAINE SA PROMODES SA Ordinary shares, par 20 French francs Ordinary shares, par 50 French francs Ordinary shares, par 20 French francs CARREFOUR SA ERIDANIA BEGHIN–SAY SA RENAULT SA (REGIE NATIONALE Ordinary shares, par 100 French Ordinary shares, par 65 French francs DES USINES) francs ESSILOR INTERNATIONAL SA Ordinary shares, par 25 French francs CASINO GUICHARD PERRACHON SA Ordinary shares, par 20 French francs RHONE–POULENC SA Ordinary shares, par 10 French francs EURAFRANCE SA A Ordinary shares, par 25 French CASINO GUICHARD PERRACHON SA Ordinary shares, par 200 French francs Priority shares par 10 French francs francs ROUSSEL UCLAF SA CASTORAMA DUBOIS EURO DISNEY SCA Ordinary shares, par 20 French francs INVESTISSEMENTS SCA Ordinary shares, par 5 French francs SAGEM SA Ordinary shares, par 25 French francs EUROTUNNEL ESA EPLC Ordinary shares, par 50 French francs CGIP-CIE GENERALE D’INDUSTRIE ET Ordinary shares, no par SAINT LOUIS SA DE PART FINANCIERE INDUSTRIELLE GAZ ET Ordinary shares, par 100 French Ordinary shares, par 100 French EAUX SA francs francs Ordinary shares, par 50 French francs SALOMON SA CGS (FRANCE) FINEXTEL SA Ordinary shares, par 25 French francs Ordinary shares, par 40 French francs Ordinary shares, par 100 French SANOFI SA CHRISTIAN DIOR SA francs Ordinary shares, par 25 French francs Ordinary shares, par 52 French francs FROMAGERIES BEL SA SCHNEIDER SA 39566 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Ordinary shares, par 50 French francs AGIV AG FUER INDUSTRIE UND KAUFHOF HOLDING AG SEFIMEG–STE FRAN INVEST IMMOB VERKEHRSWESEN Non-Voting Preferred, par DM 50 ET DE GEST Common shares par DM 5 LINDE AG Registered shares, par 100 value ALLIANZ AG HOLDING Bearer shares, par DM 50 French francs Registered shares par DM 50 MAN AG SIDEL SA ALTANA INDUSTRIE–AKTIEN UND Bearer shares, par DM 50 Ordinary shares, par 60 French francs ANLAGEN AG MAN AG SILIC–STE IMMOB LOC POUR Bearer shares par DM 50 Non-Voting preferred, par DM 50 L’INDUS & COMM ASKO DEUTSCHE KAUFHAUS AG MANNESMANN AG Ordinary shares, par 100 French Bearer shares par DM 50 Bearer shares, par DM 50 francs AXEL SPRINGER VERLAG AG METALLGESELLSCHAFT AG SIMCO SA Bearer shares par DM 50 Bearer shares, par DM 5 Registered shares, par 100 French BASF AG MUENCHENER francs Bearer shares, par DM 50 RUECKVERSICHERUNGS–GES. AG SOCIETE BIC SA BAYER AG Bearer shares, par DM 50 Ordinary shares, par 50 French francs Bearer shares, par DM 5 MUENCHENER SOCIETE DES IMMEUBLES DE BAYERISCHE HYPOTHEKEN–UND RUECKVERSICHERUNGS–GES. AG FRANCE SA WECHSEL–BANK Registered Shares, par 100 Ordinary shares, par 50 French francs Bearer shares, par DM 5 PHILIPP HOLZMANN AG SOCIETE FINANCIERE INTERBAIL SA BAYERISCHE MOTOREN WERKE AG Bearer shares, par DM 50 Ordinary shares, par 100 French Bearer shares, par DM 50 PREUSSAG AG francs BAYERISCHE MOTOREN WERKE AG Bearer shares, par DM 50 SOCIETE FONCIERE LYONNAISE SA Non-Voting Preferred, par DM 50 PWA PAPIERWERKE WALDHOF– Ordinary shares, par 50 French francs BAYERISCHE VEREINSBANK AG ASCHAFFENBURG AG SOCIETE GENERALE DE FRANCE SA Bearer shares, par DM 5 Bearer shares, par DM 50 Ordinary shares, par 30 French francs BEIERSDORF AG RHEINELEKTRA AG SOMMER–ALLIBERT SA Series A, B, C, par DM 50 Bearer shares, par DM 50 Ordinary shares, par 50 French francs BERLINER KRAFT–UND LICHT RWE AKTIENGESELLSCHAFT SYNTHELABO SA (BEWAG)–AG Bearer shares, par DM 5 Ordinary shares, par 10 French francs Series A, par DM 50 RWE AKTIENGESELLSCHAFT TAITTINGER SA BHF BANK AG Non-Voting Preferred, par DM 5 Ordinary shares, par 150 French Bearer shares, par DM 5 SAP AG francs BILFINGER + BERGER BAU–AG Non-Voting Preferred, par DM 5 THOMSON–CSF SA Bearer shares, par DM 50 SCHERING AG Ordinary shares, par 20 French francs CKAG COLONIA KONZERN AG Bearer shares, par DM 5 TOTAL SA Registered shares par DM 50 SIEMENS AG B Ordinary shares, par 50 French COMMERZBANK AG Bearer shares, par DM 5 francs Registered shares par DM 50 THYSSEN AG VORM. AUGUST UIF–UNION IMMOBILIERE DE CONTINENTAL AG THYSSEN–HUETTE FRANCE SA Bearer shares, par DM 5 Bearer shares, par DM 50 Ordinary shares, par 100 French DAIMLER-BENZ AG VEBA AG francs Bearer shares, par DM 50 Bearer shares, par DM 5 UNIBAIL SA DEGUSSA AG VEW AG Registered shares, par 100 French Bearer shares, par DM 50 Bearer shares, par DM 50 francs DEUTSCHE BABCOCK AG VIAG AG UNION FRANCAISE DE BANQUES Bearer shares, par DM 50 Bearer shares, par DM 50 LOCABAIL SA DEUTSCHE BANK AG VICTORIA HOLDING AG Ordinary shares, par 100 French Bearer shares, par DM 5 Registered Shares, par DM 50 francs DEUTSCHE LUFTHANSA AG VOLKSWAGEN AG USINOR SACILOR Bearer shares, par DM 50 Bearer shares, par DM 50 Common shares par 40 French francs DOUGLAS HOLDING AG VOLKSWAGEN AG VALEO SA Bearer shares, par DM 5 Non-Voting Preferred, par DM 50 Ordinary shares, par 20 French francs DRESDNER BANK AG VALLOUREC SA Bearer shares, par DM 5 HONG KONG Ordinary shares, par 100 French GEHE AG AMOY PROPERTIES LIMITED francs Bearer shares, par DM 50 HK$1.00 par ordinary shares WORMS ET COMPAGNIE SCA HEIDELBERGER ZEMENT AG BANK OF EAST ASIA, LIMITED Registered shares, par 12 French Bearer shares, par DM 50 HK$2.50 par ordinary shares francs HENKEL KGAA CATHAY PACIFIC AIRWAYS LIMITED Non-voting Preferred, par DM 50 HK$0.20 par ordinary shares GERMANY HOCHTIEF AG VORM. GEBR. CDL HOTELS INTERNATIONAL LTD AACHENER UND MUENCHENER HELFMANN HK$1.00 par ordinary shares BETEILIGUNGS–AG Bearer shares, par DM 50 CHEN HSONG HOLDINGS LTD Registered shares, par DM 50 HOECHST AKTIENGESELLSCHAFT HK$0.10 par ordinary shares AACHENER UND MUENCHENER Bearer shares, par DM 5 CHEUNG KONG (HOLDINGS) LIMITED BETEILIGUNGS–AG KARSTADT AG HK$0.50 par ordinary shares Bearer shares par DM 50 Bearer shares, par DM 50 CHINA LIGHT & POWER COMPANY, ADIDAS AG KAUFHOF HOLDING AG LIMITED Bearer shares par DM 50 Bearer shares, par DM 50 HK$5.00 par ordinary shares Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39567

CHINA MOTOR BUS CO., LTD. JOHNSON ELECTRIC HOLDINGS Share capital, par 1000 Indonesian HK$2.00 par ordinary shares LIMITED rupiah CHINESE ESTATES HOLDINGS LTD HK$0.10 par ordinary shares PT BANK DANAMON HK$0.10 par ordinary shares KOWLOON MOTOR BUS COMPANY Share capital, par 1000 Indonesian CITIC PACIFIC LTD. (1933) LTD rupiah HK$0.40 par ordinary shares HK$1.00 par ordinary shares PT BANK INTERNATIONAL CROSS–HARBOUR TUNNEL MANDARIN ORIENTAL INDONESIA COMPANY, LTD INTERNATIONAL LIMITED Share capital, par 1000 Indonesian HK$1.00 par ordinary shares Ordinary shares, $.05 par rupiah DAIRY FARM INTERNATIONAL MIRAMAR HOTEL & INVESTMENT PT BANK TIARA ASIA HOLDINGS LTD. CO., LTD. Share capital, par 1000 Indonesian Ordinary shares, HK$1.00 par HK$0.70 par ordinary shares rupiah DAO HENG BANK LTD NATIONAL MUTUAL ASIA LTD. PT BIMANTARA CITRA HK$1.00 par ordinary shares HK$0.05 par ordinary shares Share capital, par 1000 Indonesian DICKSON CONCEPTS NEW ASIA REALTY AND TRUST CO. rupiah (INTERNATIONAL) LIMITED LTD. PT CIPUTRA DEVELOPMENT HK$0.10 par ordinary shares HK$1.00 par A Ordinary shares Share capital, par 1000 Indonesian FIRST PACIFIC HOLDINGS LTD NEW WORLD DEVELOPMENT CO rupiah Ordinary shares, $.01 par LIMITED PT CITRA MARGA NUSAPHALA GREAT EAGLE HOLDINGS LIMITED HK$1.00 par ordinary shares Share capital, par 1000 Indonesian HK$0.50 par ordinary shares PEREGRINE INVESTMENT HOLDINGS rupiah GUOCO GROUP LTD LTD. PT GAJAH TUNGGAL Ordinary shares, $.50 par Ordinary, par HK $0.60 Common par 1000 Indonesian rupiah HANG LUNG DEVELOPMENT REALTY DEVELOPMENT CORP. PT GUDANG GARAM COMPANY LIMITED HK$1.00 par A Ordinary shares Share capital, par 1000 Indonesian HK$1.00 par ordinary shares SEMI–TECH (GLOBAL) CO., LTD. rupiah HANG SENG BANK LIMITED HK$1.00 par ordinary shares PT HANDJAJA MANDALA SAM HK$5.00 par ordinary shares SHANGRI–LA ASIA LTD. POERNA HARBOUR CENTRE DEVELOPMENT HK$1.00 par ordinary shares Share capital, par 1000 Indonesian LIMITED SHAW BROTHERS (HONG KONG) rupiah HK$0.50 par ordinary shares LIMITED PT INDOMENT TUNGGAL PRAKARSA HENDERSON INVESTMENT LIMITED HK$0.25 par ordinary shares Share capital, par 1000 Indonesian HK$0.20 par ordinary shares SHUN TAK HOLDINGS LIMITED rupiah HENDERSON LAND DEVELOPMENT HK$0.25 par ordinary shares PT INDONESIAN SATELLITE CO LTD SIME DARBY HONG KONG LIMITED Share capital, par 1000 Indonesian HK$0.50 par ordinary shares HK$2.00 par ordinary shares rupiah SINO LAND COMPANY LIMITED HONG KONG AIRCRAFT PT INDORAMA SYNTHETICS HK$1.00 par ordinary shares ENGINEERING COMPANY Share capital, par 1000 Indonesian SOUTH CHINA MORNING POST HK$1.00 par ordinary shares rupiah (HOLDINGS) LTD. HONG KONG AND CHINA GAS PT JAKARTA INTERNATIONAL HK$0.10 par ordinary shares COMPANY LIMITED HOTEL & DEVELOPMENT HK$0.25 par ordinary shares SUN HUNG KAI & CO. LIMITED HK$1.00 par ordinary shares Share capital, par 1000 Indonesian HONG KONG ELECTRIC HOLDINGS SUN HUNG KAI PROPERTIES LIMITED rupiah LIMITED HK$0.50 par ordinary shares PT KALBE FARMA HK$1.00 par ordinary shares SWIRE PACIFIC LIMITED Share capital, par 1000 Indonesian HONG KONG HK$0.60 par A Ordinary shares rupiah TELECOMMUNICATIONS LTD. SWIRE PACIFIC LIMITED PT KAWASAN INDUSTRIAL HK$0.50 par ordinary shares HK$0.12 par B Ordinary shares JABABEKA HONGKONG AND SHANGHAI TELEVISION BROADCASTS LIMITED Share capital, par 1000 Indonesian HOTELS, LIMITED HK$0.05 par ordinary shares rupiah HK$0.50 par ordinary shares VARITRONIX INTERNATIONAL LTD. PT LIPPO BANK HONGKONG LAND HOLDINGS LTD HK$0.25 par ordinary shares Share capital, par 1000 Indonesian Ordinary shares, $0.10 par WHARF (HOLDINGS) LIMITED rupiah HOPEWELL HOLDINGS LIMITED HK$1.00 par ordinary shares PT LIPPO LAND DEVELOPMENT HK$0.50 par ordinary shares WHEELOCK AND COMPANY LTD. Share capital, par 1000 Indonesian HUTCHISON WHAMPOA LIMITED HK$0.50 par ordinary shares rupiah HK$0.25 par ordinary shares WING ON COMPANY PT MAYORA INDAH HYSAN DEVELOPMENT COMPANY INTERNATIONAL LIMITED Share capital, par 1000 Indonesian LIMITED HK$0.10 par ordinary shares rupiah HK$5.00 par ordinary shares WINSOR INDUSTRIAL CORPORATION PT MODERN PHOTO FILM COMPANY JARDINE INTERNATIONAL MOTOR LTD. Share capital, par 1000 Indonesian HOLDINGS LTD HK$0.50 par ordinary shares rupiah Ordinary shares, $0.025 par PT PABRIK KER TAS TJIWI KIMIA JARDINE MATHESON HOLDINGS INDONESIA Share capital, par 1000 Indonesian LIMITED PT ASTRA INTERNATIONAL INC. rupiah Ordinary shares, $0.25 par Share capital, par 1000 Indonesian PT PANIN BANK JARDINE STRATEGIC HOLDINGS rupiah Share capital, par 1000 Indonesian LIMITED PT BANK DAGANG NASIONAL rupiah Ordinary shares, $.05 par INDONESIA PT SEMEN GRESIK 39568 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Share capital, par 1000 Indonesian Ordinary shares, par 5000 lira OLIVETTI SPA rupiah CIR–COMPAGNIE INDUSTRIALI Ordinary shares, par 1000 lira PT SINAR MAS MULTIARTHA RIUNITE SPA PIRELLI SPA Share capital, par 1000 Indonesian Ordinary shares, par 1000 lira Ordinary shares, par 1000 lira rupiah CIR–COMPAGNIE INDUSTRIALI RINASCENTE LA SPA PT TELEKOMUNIKASI INDONESIA RIUNITE SPA Ordinary shares, par 1000 lira Series B Common Shares, par 1000 Non-convertible savings shares, par RIUNIONE ADRIATICA DI SICURTA Indonesian rupiah 1000 lira SPA PT UNITED TRACTORS COMPAGNIA DI ASSICURAZIONI DI Ordinary shares, par 1000 lira Common par 1000 Indonesian rupiah MILANO SPA RIUNIONE ADRIATICA DI SICURTA Ordinary shares, par 1000 lira SPA IRELAND CREDITO ITALIANO SPA Non-convertible savings shares, par ALLIED IRISH BANKS PLC Ordinary shares, par 500 lira 1000 lira Ordinary shares, par .25 Irish pound CREDITO ITALIANO SPA SAIPEM SPA BANK OF IRELAND Non-convertible savings shares, par Ordinary shares, par 1000 lira Capital Stock par 1 Irish pound 500 lira SAN PAOLO BANK HOLDING SPA BARLO GROUP PLC EDITORIALE L’ESPRESSO SPA Ordinary shares, par 1000 lira Ordinary shares, par .10 Irish pound Ordinary shares, par 1000 lira SASIB SPA CLONDALKIN GROUP PLC ENI S.P.A. Ordinary shares, par 1000 lira A Ordinary shares, par .25 p Ordinary shares, par 1000 lira SASIB SPA CRH PLC FIAT SPA Non-convertible savings shares, par Ordinary shares, par .25 Irish pound Ordinary shares, par 1000 lira 1000 lira DCC PLC FIAT SPA SIRTI SPA Ordinary shares, par .20 Irish pound Preferred Shares, par 1000 lira Ordinary shares, par 1000 lira FYFFES PLC FIAT SPA SME SOCIETA MERIDIONALE Ordinary shares, par .05 Irish pound Non-convertible savings shares, par FINANZIARIA GREENCORE GROUP PLC 1000 lira Ordinary shares, par 1000 lira Ordinary shares, par .50 Irish pound FIDIS FINANZIARIA DI SVILUPPO SPA SNIA BPD SPA INDEPENDENT NEWSPAPERS PLC Ordinary shares, par 1000 lira Ordinary shares, par 1000 lira Ordinary shares, par .25 Irish pound GEMINA GEN MOBIL INTER SOCIETA ASSICURATRICE IRISH LIFE PLC AZIONARIE SPA INDUSTRIALE SPA Ordinary shares, par .10 Irish pound Ordinary shares, par 500 lira Ordinary shares, par 1000 lira IWP INTERNATIONAL PLC IFIL–FINANZIARIA DI SOCIETA ASSICURATRICE A Ordinary shares, par .25 Irish PARTECIPAZIONI INDUSTRIALE SPA pound Ordinary shares, par 1000 lira Non-convertible savings shares, par JAMES CREAN PLC IFIL–FINANZIARIA DI 1000 lira Ordinary shares, no par PARTECIPAZIONI STET SOC. FINANZIARIA JEFFERSON SMURFIT GROUP PLC Non-convertible savings shares, par TELEFONICA PA Ordinary shares, par .25 Irish pound 1000 lira Ordinary shares, par 1000 lira KERRY GROUP PLC ISTITUTO FINANZIARIO STET SOC. FINANZIARIA A Ordinary shares, par .10 Irish INDUSTRIALE SPA TELEFONICA PA pound Preferred Shares, par 1000 lira Non-convertible savings shares, par WATERFORD WEDGWOOD PLC ISTITUTO MOBILIARE ITALIANO SPA 1000 lira Ordinary shares, par .05 Irish pound Ordinary shares, par 5000 lira TELECOM ITALIA MOBILE S.P.A. WOODCHESTER INVESTMENTS PLC ISTITUTO NAZIONALE DELLE Savings Shares, par 1000 lira A Ordinary shares, par .20 Irish ASSICURAZIONI TELECOM ITALIA MOBILE S.P.A. pound Ordinary shares, par 1000 lira Ordinary shares, par 1000 lira ITALCEMENTI SPA TELECOM ITALIA SPA ITALY Ordinary shares, par 2000 lira Ordinary shares, par 1000 lira ALLEANZA ASSICURAZIONI SPA ITALCEMENTI SPA TELECOM ITALIA SPA Ordinary shares, par 500 lira Savings Shares, par 2000 lira Savings Shares, par 1000 lira ALLEANZA ASSICURAZIONI SPA ITALGAS SOCIETA ITALIANA PER IL TORO ASSICURAZIONI CIA ANOMIA Non-convertible savings shares, par GAS PA D’ASSICU. 500 lira Ordinary shares, par 1000 lira Preferred Shares, par 1000 lira ASSICURAZIONI GENERALI SPA LA FONDIARIA ASSICURAZIONI SPA TORO ASSICURAZIONI CIA ANOMIA Ordinary shares, par 2000 lira Ordinary shares, par 1000 lira D’ASSICU. BANCA COMMERCIALE ITALIANA MAGNETI MARELLI SPA Ordinary shares, par 1000 lira SPA Ordinary shares, par 1000 lira TORO ASSICURAZIONI CIA ANOMIA Ordinary shares, par 1000 lira MANIFATTURA LANE G. MARZOTTO D’ASSICU. BANCA COMMERCIALE ITALIANA & FIGLI SPA Non-convertible savings shares, par SPA Ordinary shares, par 1000 lira 1000 lira Non-convertible savings shares, par MEDIOBANCA-BANCA DI CREDITO UNICEM SPA 1000 lira FINANZIARIO Ordinary shares, par 1000 lira BANCO AMBROSIANO VENETO SPA Ordinary shares, par 1000 lira UNICEM SPA Ordinary shares, par 1000 lira MONTEDISON SPA Non-convertible savings shares, par BANCO AMBROSIANO VENETO SPA Ordinary shares, par 1000 lira 1000 lira Non-convertible savings shares, par MONTEDISON SPA 1000 lira Non-convertible savings shares, par JAPAN CARTIERE BURGO SPA 1000 lira ADVANTEST CORPORATION Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39569

¥ 50 par common BANK OF NAGOYA, LTD. DAI-TOKYO FIRE & MARINE AISIN SEIKI CO., LTD. ¥ 50 par common INSURANCE CO. ¥ 50 par common BANK OF TOKYO-MITSUBISHI LTD. ¥ 50 par common AIWA CO., LTD. ¥ 50 par common DAICEL CHEMICAL INDUSTRIES, LTD. ¥ 50 par common BANK OF YOKOHAMA, LTD. ¥ 50 par common AJINOMOTO CO., INC. ¥ 50 par common DAIDO STEEL CO., LTD. ¥ 50 par common BANYU PHARMACEUTICAL CO., LTD. ¥ 50 par common AKITA BANK, LTD. ¥ 50 par common DAIEI, INC. (THE) ¥ 50 par common BEST DENKI CO., LTD. ¥ 50 par common ALL NIPPON AIRWAYS CO., LTD. ¥ 50 par common DAIFUKU CO., LTD. ¥ 50 par common BRIDGESTONE CORPORATION ¥ 50 par common ALPS ELECTRIC CO., LTD. ¥ 50 par common DAIHATSU MOTOR CO., LTD. ¥ 50 par common BROTHER INDUSTRIES, LTD. ¥ 50 par common AMADA CO., LTD. ¥ 50 par common DAIICHI CORP. ¥ 50 par common CALPIS FOOD INDUSTRY CO., LTD. ¥ 50 par common AMADA METRECS CO., LTD. ¥ 50 par common DAIICHI PHARMACEUTICAL CO., ¥ 50 par common CALSONIC CORPORATION LTD. AMANO CORPORATION ¥ 50 par common ¥ 50 par common ¥ 50 par common CANON INC. DAIKEN CORP. ANRITSU CORPORATION ¥ 50 par common ¥ 50 par common ¥ 50 par common CANON SALES CO., INC. DAIKIN INDUSTRIES, LTD. AOKI CORPORATION ¥ 50 par common ¥ 50 par common ¥ 50 par common CASIO COMPUTER CO., LTD. DAIKYO INCORPORATED AOKI INTERNATIONAL CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common CENTRAL FINANCE CO., LTD. DAIMARU, INC. AOMORI BANK, LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common CENTRAL GLASS CO., LTD. DAINIPPON INK & CHEMICALS, AOYAMA TRADING CO., LTD. ¥ 50 par common INCORPORATED ¥ 50 par common CHIBA BANK, LTD. ¥ 50 par common ARABIAN OIL COMPANY, LTD. ¥ 50 par common DAINIPPON PHARMACEUTICAL CO., ¥ 50 par common CHICHIBU ONODA CEMENT LTD. ASAHI BANK, LTD. CORPORATION ¥ 50 par common ¥ 50 par common ¥ 50 par common DAINIPPON SCREEN MFG. CO., LTD. ASAHI BREWERIES, LTD. CHIYODA CORPORATION ¥ 50 par common ¥ 50 par common ¥ 50 par common DAISHOWA PAPER ASAHI CHEMICAL INDUSTRY CO., CHIYODA FIRE & MARINE MANUFACTURING CO., LTD. LTD. INSURANCE CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common DAITO TRUST CONSTRUCTION CO., ASAHI DIAMOND INDUSTRIAL CO., CHUBU ELECTRIC POWER COMPANY, LTD. LTD. INC. ¥ 50 par common ¥ 50 par common ¥ 50 par common DAIWA BANK, LTD. ASAHI GLASS COMPANY, LIMITED CHUDENKO CORP. ¥ 50 par common ¥ 50 par common ¥ 50 par common DAIWA HOUSE INDUSTRY CO., LTD. ASAHI OPTICAL CO., LTD. CHUGAI PHARMECEUTICAL CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common DAIWA KOSHO LEASE CO., LTD. ASATSU INC. CHUGOKU BANK, LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common DAIWA SECURITIES CO., LTD. ASHIKAGA BANK, LTD. (THE) CHUGOKU ELECTRIC POWER ¥ 50 par common ¥ 50 par common COMPANY, INC. DENKI KAGAKU KOGYO ASICS CORPORATION ¥ 50 par common ¥ 50 par common ¥ 50 par common CHUO TRUST & BANKING COMPANY, DENNY’S JAPAN CO., LTD. AT & T GLOBAL INFORMATION LIMITED ¥ 50 par common SOLUTIONS JAPAN, LTD. ¥ 50 par common DOWA FIRE & MARINE INSURANCE ¥ 50 par common CITIZEN WATCH CO., LTD. CO., LTD. ATSUGI NYLON INDUSTRIAL CO., ¥ 50 par common ¥ 50 par common LTD. CLARION CO., LTD. DOWA MINING CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common AUTOBACS SEVEN CO., LTD. COSMO OIL COMPANY, LIMITED EAST JAPAN RAILWAY COMPANY ¥ 50 par common ¥ 50 par common ¥ 50000 par common BANDAI CO., LTD. COSMO SECURITIES CO., LTD. EBARA CORPORATION ¥ 50 par common ¥ 50 par common ¥ 50 par common BANK OF FUKUOKA, LTD. CREDIT SAISON CO., LTD. EIGHTEENTH BANK, LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common BANK OF HIROSHIMA CSK CORPORATION EISAI CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common BANK OF KINKI, LTD. DAI NIPPON PRINTING CO., LTD. EZAKI GLICO CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common BANK OF KYOTO, LTD. DAI–ICHI KANGYO BANK, LTD. FAMILYMART CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common 39570 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

FANUC LTD. ¥ 50 par common ISEKI & CO., LTD. ¥ 50 par common HEIWA CORPORATION ¥ 50 common FUDO CONSTRUCTION CO., LTD. No par 50 common ISETAN COMPANY LIMITED ¥ 50 par common HEIWA REAL ESTATE CO., LTD. ¥ 50 common FUJI BANK, LIMITED ¥ 50 common ISHIHARA SANGYO KAISHA, LTD. ¥ 50 par common HEIWADO CO., LTD. ¥ 50 common FUJI ELECTRIC CO., LTD. ¥ 50 common ISHIKAWAJIMA–HARIMA HEAVY ¥ 50 par common HIGO BANK, LTD. INDUSTRIES CO. FUJI FIRE & MARINE INSURANCE CO., ¥ 50 common ¥ 50 common LTD. HINO MOTORS, LTD. ISUZU MOTORS LIMITED ¥ 50 par common ¥ 50 common ¥ 50 common FUJI HEAVY INDUSTRIES, LTD. HIROSE ELECTRIC CO., LTD. ITO-YOKADO CO., LTD. ¥ 50 par common ¥ 50 common ¥ 50 common FUJI PHOTO FILM CO., LTD. HIROSHIMA BANK, LTD. (THE) ITOCHU CORPORATION ¥ 50 par common ¥ 50 common ¥ 50 common FUJIKURA LTD. HITACHI CABLE, LTD. ITOHAM FOODS INC. ¥ 50 par common ¥ 50 common ¥ 50 common FUJISAWA PHARMACEUTICAL HITACHI CHEMICAL CO., LTD. IWATANI INTERNATIONAL COMPANY LIMITED ¥ 50 common CORPORATION ¥ 50 par common HITACHI CONSTRUCTION ¥ 50 common FUJITA CORPORATION MACHINERY CO., LTD. IWATSU ELECTRIC CO., LTD. ¥ 50 par common ¥ 50 common ¥ 50 common FUJITA KANKO INC. HITACHI CREDIT CORPORATION IYO BANK, LTD. ¥ 50 par common ¥ 50 common ¥ 50 common FUJITSU LIMITED HITACHI KOKI CO., LTD. IZUMI CO., LTD. ¥ 50 par common ¥ 50 common ¥ 50 common FUJIYA CO., LTD. HITACHI MAXELL, LTD. IZUMIYA CO., LTD. ¥ 50 par common ¥ 50 common ¥ 50 common FUKUYAMA TRANSPORTING CO., HITACHI METALS, LTD. JACCS CO., LTD. LTD. ¥ 50 common ¥ 50 common ¥ 50 par common HITACHI SOFTWARE ENGNEERING JAPAN AIRLINES COMPANY, LTD. FURUKAWA CO., LTD. CO. LTD. ¥ 50 common ¥ 50 par common ¥ 50 common JAPAN AIRPORT TERMINAL CO., LTD. FURUKAWA ELECTRIC CO., LTD. HITACHI TRANSPORT SYSTEM LTD. ¥ 50 common ¥ 50 par common ¥ 50 common JAPAN DIGITAL LABORATORY CO., FUTABA CORP. HITACHI ZOSEN CORPORATION LTD. ¥ 50 par common ¥ 50 common ¥ 50 common FUTABA INDUSTRIAL CO., LTD. HITACHI, LTD. JAPAN ENERGY CORPORATION ¥ 50 par common ¥ 50 common ¥ 50 common GAKKEN CO., LTD. HOKKAIDO BANK, LTD. JAPAN METALS & CHEMICALS CO., ¥ 50 par common ¥ 50 common LTD. GENERAL SEKIYU K.K. HOKKAIDO ELECTRIC POWER ¥ 50 common ¥ 50 par common COMPANY, INC. JAPAN RADIO CO., LTD. GODO STEEL, LTD. ¥ 500 par 50 common ¥ 50 common ¥ 50 par common HOKKAIDO TAKUSHOKU BANK, JAPAN SECURITIES FINANCE CO., GREEN CROSS CORPORATION LIMITED LTD. ¥ 50 par common ¥ 50 common ¥ 50 common GUN EI CHEMICAL INDUSTRY CO., HOKKOKU BANK, LTD. JAPAN STEEL WORKS, LTD., THE LTD. ¥ 50 common ¥ 50 common ¥ 50 par common HOKUETSU BANK, LTD JAPAN STORAGE BATTERY CO., LTD. GUNMA BANK, LTD. ¥ 50 common ¥ 50 common ¥ 50 par common HOKUETSU PAPER MILLS, LTD. JAPAN SYNTHETIC RUBBER CO., LTD. GUNZE LIMITED ¥ 50 common ¥ 50 common ¥ 50 par common HOKURIKU BANK, LTD., THE JAPAN TELECOM CO., LTD HACHIJUNI BANK, LTD. ¥ 50 common ¥ 50000 par 50 common ¥ 50 par common HOKURIKU ELECTRIC POWER JAPAN TOBACCO INC. HANKYU CORPORATION COMPANY 500 par 50 common ¥ 50000 par 50 common ¥ 50 par common HONDA MOTOR CO., LTD. JAPAN WOOL TEXTILE CO., LTD. HANKYU DEPARTMENT STORES, ¥ 50 common ¥ 50 common INC. HONSHU PAPER CO., LTD. JGC CORPORATION ¥ 50 par common ¥ 50 common ¥ 50 common HANSHIN ELECTRIC RAILWAY CO., HOUSE FOODS CORPORATION JOYO BANK, LTD. LTD. ¥ 50 common ¥ 50 common ¥ 50 par common HOYA CORPORATION JUROKU BANK, LTD HANWA CO., LTD. ¥ 50 common ¥ 50 common ¥ 50 par common INAX CORPORATION JUSCO CO., LTD. HASEKO CORPORATION ¥ 50 common ¥ 50 common ¥ 50 par common INDUSTRIAL BANK OF JAPAN, LTD. KAGOME CO., LTD. HAZAMA CORPORATION ¥ 50 common ¥ 50 common Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39571

KAGOSHIMA BANK, LTD. KOBE STEEL, LTD. ¥ 50 par common ¥ 50 common ¥ 50 par common MARUBENI CORPORATION KAJIMA CORPORATION KOITO MANUFACTURING CO., LTD. ¥ 50 par common ¥ 50 common ¥ 50 par common MARUDAI FOOD CO., LTD. KAKEN PHARMACEUTICAL CO., LTD. KOKUSAI DENSHIN DENWA CO., LTD. ¥ 50 par common ¥ 50 common ¥ 500 par common MARUETSU INC. KAMIGUMI CO., LTD. KOKUSAI ELECTRIC CO., LTD. ¥ 50 par common ¥ 50 common ¥ 50 par common MARUHA CORPORATION KANDENKO CO., LTD. KOKUSAI SECURITIES CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common MARUI CO., LTD. KANEBO, LTD. KOKUYO CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common MARUICHI STEEL TUBE LTD. KANEKA CORPORATION KOMATSU LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common MATSUSHITA COMMUNICATION KANEMATSU CORPORATION KOMORI CORP. INDUSTRIAL CO. ¥ 50 par common ¥ 50 par common ¥ 50 par common KANKAKU SECURITIES CO., LTD. KONAMI CO., LTD. MATSUSHITA ELECTRIC INDUSTRIAL ¥ 50 par common ¥ 50 par common CO., LTD. KANSAI ELECTRIC POWER CO., INC., KONICA CORPORATION ¥ 50 par common THE ¥ 50 par common MATSUSHITA ELECTRIC WORKS, ¥ 500 par common KOYO SEIKO CO., LTD. LTD. KANSAI PAINT CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common KUBOTA CORPORATION MATSUSHITA REFRIGERATION KAO CORPORATION ¥ 50 par common COMPANY ¥ 50 par common KUMAGAI GUMI CO., LTD. ¥ 50 par common KATOKICHI CO., LTD. ¥ 50 par common MATSUSHITA SEIKO CO., LTD. ¥ 50 par common KURABO INDUSTRIES, LTD. ¥ 50 par common KAWASAKI HEAVY INDUSTRIES, ¥ 50 par common MATSUSHITA–KOTOBUKI LTD. KURARAY CO., LTD. ELECTRONICS INDS. ¥ 50 par common ¥ 50 par common ¥ 50 par common KAWASAKI KISEN KAISHA, LTD. KUREHA CHEMICAL INDUSTRY CO., MATSUZAKAYA CO., LTD. ¥ 50 par common LTD. ¥ 50 par common KAWASAKI STEEL CORPORATION ¥ 50 par common MAX CO., LTD. ¥ 50 par common KURIMOTO, LTD. ¥ 50 par common KAYABA INDUSTRY CO., LTD. ¥ 50 par common MAZDA MOTOR CORPORATION ¥ 50 par common KURITA WATER INDUSTRIES LTD. ¥ 50 par common KEIHIN ELECTRIC EXPRESS RAILWAY ¥ 50 par common MEIDENSHA CORP. CO., LTD KYOCERA CORPORATION ¥ 50 par common ¥ 50 par common ¥ 50 par common MEIJI MILK PRODUCTS CO., LTD. KEIO TEITO ELECTRIC RAILWAY CO., KYODO PRINTING CO., LTD. ¥ 50 par common LTD. ¥ 50 par common MEIJI SEIKA KAISHA, LTD. ¥ 50 par common KYOWA EXEO CORP. ¥ 50 par common KEISEI ELECTRIC RAILWAY CO., LTD. ¥ 50 par common MERCIAN CORPORATION ¥ 50 par common KYOWA HAKKO KOGYO CO., LTD. ¥ 50 par common KEIYO BANK, LTD. ¥ 50 par common MICHINOKU BANK, LTD. ¥ 50 par common KYUDENKO CORP. ¥ 50 par common KEIYO CO., LTD. ¥ 50 par common MIKUNI COCA–COLA BOTTLING CO., ¥ 50 par common KYUSHU ELECTRIC POWER LTD. KENWOOD CORP. COMPANY INC. ¥ 50 par common ¥ 50 par common ¥ 500 par common MINEBEA CO., LTD. KEYENCE CORPORATION KYUSHU MATSUSHITA ELECTRIC ¥ 50 par common ¥ 50 par common CO., LTD. MINOLTA CO., LTD. KIKKOMAN CORPORATION ¥ 50 par common ¥ 50 par common ¥ 50 par common LION CORPORATION MISAWA HOMES CO., LTD. KINDEN CORPORATION ¥ 50 par common ¥ 50 par common ¥ 50 par common LONG–TERM CREDIT BANK OF MITSUBISHI CABLE INDUSTRIES, KINKI NIPPON RAILWAY CO., LTD. JAPAN, LTD. LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common KIRIN BREWERY COMPANY, LIMITED MABUCHI MOTOR CO., LTD. MITSUBISHI CHEMICAL ¥ 50 par common ¥ 50 par common CORPORATION KISSEI PHARMACEUTICAL CO., LTD. MAEDA CORPORATION ¥ 50 par common ¥ 50 par common ¥ 50 par common MITSUBISHI CORPORATION KIYO BANK, LTD. MAEDA ROAD CONSTRUCTION CO., ¥ 50 par common ¥ 50 par common LTD. MITSUBISHI ELECTRIC KOA FIRE & MARINE INSURANCE CO., ¥ 50 par common CORPORATION LTD. MAKINO MILLING MACHINE CO., ¥ 50 par common ¥ 50 par common LTD. MITSUBISHI ESTATE COMPANY, KOA OIL CO., LTD. ¥ 50 par common LIMITED ¥ 50 par common MAKITA CORPORATION ¥ 50 par common 39572 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

MITSUBISHI GAS CHEMICAL ¥ 50 par common ¥ 50 par common COMPANY, INC. MORI SEIKI CO., LTD. NIKKO KYODO CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common MITSUBISHI HEAVY INDUSTRIES, MORINAGA AND COMPANY, LTD. NIKKO SECURITIES CO., LTD., THE LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common MORINAGA MILK INDUSTRY CO., NIKON CORPORATION MITSUBISHI LOGISTICS CORP LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common NINTENDO CO., LTD. MITSUBISHI MATERIALS MURATA MANUFACTURING ¥ 50 par common CORPORATION COMPANY, LTD. NIPPON BEET SUGAR ¥ 50 par common ¥ 50 par common MANUFACTURING CO., LTD. MITSUBISHI MOTORS CORPORATION MUSASHINO BANK, LTD. ¥ 50 par common ¥ 50 par common ¥ 500 par common NIPPON COMSYS CORP. MITSUBISHI OIL COMPANY, LIMITED MYCAL CORP ¥ 50 par common ¥ 50 par common ¥ 50 par common NIPPON CREDIT BANK, LTD. MITSUBISHI PAPER MILLS LIMITED NACHI-FUJIKOSHI CORP. ¥ 50 par common ¥ 50 par common ¥ 50 par common NIPPON DENSETSU KOGYO CO., LTD. MITSUBISHI PLASTICS INC. NAGASAKIYA CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common NIPPON ELECTRIC GLASS CO., LTD. MITSUBISHI RAYON COMPANY, NAGASE & COMPANY, LTD. ¥ 50 par common LIMITED ¥ 50 par common NIPPON EXPRESS CO., LTD. ¥ 50 par common NAGOYA RAILROAD CO., LTD. ¥ 50 par common MITSUBISHI STEEL MFG. CO., LTD. ¥ 50 par common NIPPON FIRE & MARINE INSURANCE ¥ 50 par common NAMCO, LTD. CO., LTD. MITSUBISHI TRUST & BANKING ¥ 50 par common ¥ 50 par common CORPORATION NANKAI ELECTRIC RAILWAY CO., NIPPON FLOUR MILLS CO., LTD. ¥ 50 par common LTD. ¥ 50 par common MITSUBISHI WAREHOUSE & ¥ 50 par common NIPPON HODO CO., LTD. TRANSPORTATION CO., LTD. NATIONAL HOUSE INDUSTRIAL CO., ¥ 50 par common ¥ 50 par common LTD. NIPPON KAYAKU CO., LTD. MITSUBOSHI BELTING LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common NAVIX LINE, LTD. NIPPON LIGHT METAL COMPANY, MITSUI & CO., LTD. ¥ 50 par common LTD. ¥ 50 par common NCR JAPAN LTD. ¥ 50 par common MITSUI CONSTRUCTION CO., LTD. ¥ 50 par common NIPPON MEAT PACKERS, INC. ¥ 50 par common NEC CORPORATION ¥ 50 par common MITSUI ENGINEERING & ¥ 50 par common NIPPON OIL CO., LTD. SHIPBUILDING CO., LTD ¥ 50 par common ¥ 50 par common NEW JAPAN SECURITIES CO., LTD. ¥ MITSUI FUDOSAN CO., LTD. 50 par common NIPPON PAINT CO., LTD. ¥ ¥ 50 par common NEW OJI PAPER CO., LTD. 50 par common MITSUI MARINE & FIRE INSURANCE ¥ 50 par common NIPPON PAPER INDUSTRIES CO., LTD. CO., LTD. NGK INSULATORS, LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common NIPPON ROAD CO., LTD., THE MITSUI MINING & SMELTING CO., NGK SPARK PLUG CO., LTD. ¥ 50 par common LTD. ¥ 50 par common NIPPON SANSO CORPORATION ¥ 50 par common NHK SPRING CO., LTD. ¥ 50 par common MITSUI O.S.K. LINES, LTD. ¥ 50 par common NIPPON SHARYO, LTD. ¥ 50 par common NICHICON CORP. ¥ 50 par common MITSUI PETROCHEMICAL ¥ 50 par common NIPPON SHEET GLASS COMPANY, INDUSTRIES, LTD. NICHIDO FIRE & MARINE INSURANCE LIMITED ¥ 50 par common CO., LTD. ¥ 50 par common MITSUI REAL ESTATE SALES CO., ¥ 50 par common NIPPON SHINPAN CO., LTD. LTD. NICHIEI CONSTRUCTION CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common NIPPON SHOKUBAI CO., LTD. MITSUI TOATSU CHEMICALS, INC. NICHII CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common NIPPON SIGNAL CO., LTD. MITSUI TRUST & BANKING NICHIMEN CORP. ¥ 50 par common COMPANY, LIMITED ¥ 50 par common NIPPON STEEL CORPORATION ¥ 50 par common NICHIREI CORPORATION ¥ 50 par common MITSUI–SOKO CO., LTD. ¥ 50 par common NIPPON SUISAN KAISHA, LTD. ¥ 50 par common NICHIRO CORPORATION ¥ 50 par common MITSUKOSHI, LTD. ¥ 50 par common NIPPON TELEGRAPH & TELEPHONE ¥ 50 par common NIHON CEMENT CO., LTD. CORPORATION MITSUMI ELECTRIC CO., LTD. ¥ 50 par common ¥ 50000 par common ¥ 50 par common NIHON NOSAN KOGYO K.K. NIPPON TELEVISION NETWORK MIZUNO CORPORATION ¥ 50 par common CORP. ¥ 50 par common NIHON UNISYS, LTD. ¥ 500 par common MOCHIDA PHARMACEUTICAL CO., ¥ 50 par common NIPPON TRUST BANK, LTD. LTD. NIIGATA ENGINEERING CO., LTD. ¥ 50 par common Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39573

NIPPON YAKIN KOGYO CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common OGAKI KYORITSU BANK, LTD. SANKYO COMPANY, LIMITED NIPPON YUSEN KABUSHIKI KAISHA ¥ 50 par common ¥ 50 par common ¥ 50 par common OKAMOTO INDUSTRIES, INC. SANKYU INC. NIPPON ZEON CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common OKASAN SECURITIES CO., LTD. SANRIO COMPANY, LTD. NIPPONDENSO CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common OKI ELECTRIC INDUSTRY COMPANY, SANTEN PHARMACEUTICAL CO., NISHI–NIPPON BANK, LTD. LIMITED LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common NISHI–NIPPON RAILROAD CO., LTD. OKUMA CORPORATION SANWA BANK, LIMITED ¥ 50 par common ¥ 50 par common ¥ 50 par common NISHIMATSU CONSTRUCTION CO., OKUMURA CORPORATION SANWA SHUTTER CORPORATION LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common OLYMPUS OPTICAL CO., LTD. SANYO CHEMICAL INDUSTRIES, LTD. NISSAN CHEMICAL INDUSTRIES, ¥ 50 par common ¥ 50 par common LTD. OMRON CORPORATION SANYO ELECTRIC CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common NISSAN DIESEL MOTOR CO., LTD. ONO PHARMACEUTICAL CO., LTD. SANYO SECURITIES CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common NISSAN FIRE & MARINE INSURANCE ONWARD KASHIYAMA CO., LTD. SAPPORO BREWERIES LIMITED CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common ORIENT CORPORATION SATO KOGYO CO., LTD. NISSAN MOTOR CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common ORIX CORPORATION SECOM CO., LTD. NISSEI SANGYO CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common OSAKA GAS CO., LTD. SEGA ENTERPRISES, LTD. NISSHA PRINTING CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common PENTA-OCEAN CONSTRUCTION CO., SEIBU RAILWAY COMPANY, LTD. NISSHIN FLOUR MILLING CO., LTD. LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common SEIKO CORPORATION NISSHIN OIL MILLS, LTD., THE PIONEER ELECTRONIC CORP. ¥ 50 par common ¥ 50 par common ¥ 50 par common SEINO TRANSPORTATION CO., LTD. NISSHIN STEEL CO., LTD. PRIMA MEAT PACKERS, LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common SEIYO FOOD SYSTEMS INC. NISSHINBO INDUSTRIES, INC. Q.P. CORP. ¥ 50 par common ¥ 50 par common ¥ 50 par common SEIYU, LTD. NISSHO IWAI CORPORATION RAITO KOGYO CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common SEKISUI CHEMICAL CO., LTD. NISSIN ELECTRIC CO., LTD. RENGO CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common SEKISUI HOUSE, LTD. NISSIN FOOD PRODUCTS CO., LTD. RENOWN INCORPORATED ¥ 50 par common ¥ 50 par common ¥ 50 par common SENSHUKAI CO., LTD. NITSUKO CORPORATION RICOH COMPANY, LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common SETTSU CORPORATION NITTO BOSEKI CO., LTD. ROHM COMPANY LIMITED ¥ 50 par common ¥ 50 par common ¥ 50 par common SEVEN-ELEVEN JAPAN CO., LTD. NITTO DENKO CORPORATION ROYAL CO., LTD. No par common ¥ 50 par common ¥ 50 par common SEVENTY-SEVEN BANK LTD. NKK CORPORATION RYOBI LIMITED ¥ 50 par common ¥ 50 par common ¥ 50 par common SHARP CORPORATION NOF CORPORATION RYOSAN CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common SHIKOKU ELECTRIC POWER NOK CORPORATION S X L CORP. COMPANY, INC. ¥ 50 par common ¥ 50 par common ¥ 500 par common NOMURA SECURITIES CO., LTD., THE SAGAMI RAILWAY CO., LTD. SHIMA SEIKI MFG., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common NORITAKE CO., LIMITED SAIBU GAS CO., LTD. SHIMACHU CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common NORITZ CORP. SAKATA SEED CORP. SHIMADZU CORP. ¥ 50 par common ¥ 50 par common ¥ 50 par common NSK LTD. SAKURA BANK LIMITED SHIMAMURA CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common NTN CORPORATION SANDEN CORPORATION SHIMANO INC. ¥ 50 par common ¥Ñ zA jh● pmggml ¥ 50 par common OBAYASHI CORPORATION SANKI ENGINEERING CO., LTD. SHIMIZU CORPORATION ¥ 50 par common ¥ 50 par common ¥ 50 par common ODAKYU ELECTRIC RAILWAY CO., SANKYO ALUMINIUM INDUSTRY SHIN-ETSU CHEMICAL CO., LTD. LTD. CO., LTD. ¥ 50 par common 39574 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

SHINMAYWA INDUSTRIES, LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common SUMITOMO METAL MINING CO., TOBU RAILWAY CO., LTD. SHIONOGI & CO., LTD. LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common TODA CONSTRUCTION CO., LTD. SHISEIDO COMPANY, LIMITED SUMITOMO OSAKA CEMENT CO., ¥ 50 par common ¥ 50 par common LTD. TODA CORPORATION SHIZUOKA BANK, LTD., THE ¥ 50 par common ¥ 50 par common ¥ 50 par common SUMITOMO REALTY & TOEI COMPANY, LTD. SHOCHIKU CO., LTD. DEVELOPMENT CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common TOENEC CORP. SHOKUSAN JUTAKU SOGO CO., LTD. SUMITOMO RUBBER INDUSTRIES, ¥ 50 par common ¥ 50 par common LTD. TOHO BANK, LTD. SHOWA ALUMINUM CORPORATION ¥ 50 par common ¥ 50 par common ¥ 50 par common SUMITOMO TRUST & BANKING CO., TOHO CO., LTD. SHOWA DENKO K.K. LTD. ¥ 500 par common ¥ 50 par common ¥ 50 par common TOHO GAS CO., LTD. SHOWA ELECTRIC WIRE & CABLE SUMITOMO WAREHOUSE CO., LTD., ¥ 50 par common CO., LTD. THE TOHOKU ELECTRIC POWER ¥ 50 par common ¥ 50 par common COMPANY, INC. SHOWA LINE, LTD. SURUGA BANK, LTD. ¥ 500 par common ¥ 50 par common ¥ 50 par common TOKAI BANK, LIMITED SHOWA SANGYO CO., LTD. SUZUKI MOTOR CORPORATION ¥ 50 par common ¥ 50 par common ¥ 50 par common TOKAI CARBON CO., LTD. SHOWA SHELL SEKIYU K.K. TADANO, LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common TOKICO, LTD. SKYLARK CO., LTD. TAIHEI DENGYO KAISHA, LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common TOKIO MARINE & FIRE INSURANCE SMC CORP. TAISEI CORPORATION CO ¥ 50 par common ¥ 50 par common ¥ 50 par common SNOW BRAND MILK PRODUCTS CO., TAISHO PHARMACEUTICAL CO., TOKUYAMA CORPORATION LTD. LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common TOKUYAMA SODA CO., LTD. SONY CORPORATION ¥ TAIYO YUDEN CO., LTD. 50 par common ¥ 50 par common ¥ TOKYO BROADCASTING SYSTEM, SONY MUSIC ENTERTAINMENT 50 par common TAKAOKA ELECTRIC MFG. CO., LTD. INC. (JAPAN) INC. ¥ 50 par common ¥ 50 par common ¥ 50 par common TOKYO DOME CORPORATION TAKARA SHUZO CO., LTD. SS PHARMACEUTICAL CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common TOKYO ELECTRIC POWER CO., INC., TAKARA STANDARD CO., LTD. STANLEY ELECTRIC CO., LTD. THE ¥ 50 par common ¥ 50 par common ¥ 500 par common SUMITOMO BAKELITE COMPANY, TAKASAGO THERMAL ENGINEERING TOKYO ELECTRON LIMITED LIMITED CO. ¥ 50 par common ¥ 50 par common ¥ 50 par common TOKYO GAS CO., LTD. SUMITOMO BANK, LIMITED TAKASHIMAYA COMPANY, LIMITED ¥ 50 par common ¥ 50 par common ¥ 50 par common TOKYO OHKA KOGYO CO., LTD. SUMITOMO CHEMICAL COMPANY, TAKEDA CHEMICAL INDUSTRIES, ¥ 50 par common LIMITED LTD. TOKYO ROPE MFG. CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common SUMITOMO CONSTRUCTION CO., TAKUMA CO., LTD. TOKYO SOWA BANK, LTD. LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common TANABE SEIYAKU CO., LTD. TOKYO STEEL MANUFACTURING SUMITOMO CORPORATION ¥ 50 par common CO., LTD. ¥ 50 par common TDK CORPORATION ¥ 50 par common SUMITOMO ELECTRIC INDUSTRIES, ¥ 50 par common TOKYO STYLE CO., LTD. LTD. TEIJIN LIMITED ¥ 50 par common ¥ 50 par common ¥ 50 par common TOKYO TATEMONO CO., LTD. SUMITOMO FORESTRY CO., LTD. TEIKOKU OIL CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common TOKYO TOMIN BANK, LTD. SUMITOMO HEAVY INDUSTRIES, TEKKEN CORPORATION ¥ 500 par common LTD. ¥ 50 par common TOKYOTOKEIBA CO., LTD. ¥ 50 par common TERUMO CORPORATION ¥ 20 par common SUMITOMO LIGHT METAL ¥ 50 par common TOKYU CAR CORPORATION INDUSTRIES, LTD. TOA CORPORATION ¥ 50 par common ¥ 50 par common ¥ 50 par common TOKYU CONSTRUCTION CO., LTD. SUMITOMO MARINE & FIRE TOA STEEL CO., LTD. ¥ 50 par common INSURANCE CO, LTD ¥ 50 par common TOKYU CORPORATION ¥ 50 par common TOAGOSEI CO. LTD. ¥ 50 par common SUMITOMO METAL INDUSTRIES, ¥ 50 par common TOKYU DEPARTMENT STORE CO. LTD. TOBISHIMA CORPORATION LTD. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39575

¥ 50 par common ¥ 50 par common ¥ 50 par common TOKYU LAND CORPORATION UNITIKA, LTD. ZEXEL CORPORATION ¥ 50 par common ¥ 50 par common ¥ 50 par common TOMEN CORPORATION UNY CO., LTD. MALAYSIA ¥ 50 par common ¥ 50 par common TONEN CORPORATION USHIO, INC. ADVANCE SYNERGY BERHAD ¥ 50 par common ¥ 50 par common Ordinary shares, par 1 Malaysian ringgit TOPPAN PRINTING CO., LTD. VICTOR COMPANY OF JAPAN, AFFIN HOLDINGS BERHAD ¥ 50 par common LIMITED Ordinary shares, par 1 Malaysian ringgit TORAY INDUSTRIES, INC. ¥ 50 par common AMMB HOLDINGS BERHAD ¥ 50 par common WACOAL CORP. Ordinary shares, par 1 Malaysian ringgit TOSHIBA CERAMICS CO., LTD. ¥ 50 par common AMSTEEL CORPORATION BERHAD ¥ 50 par common WAKO SECURITIES CO., LTD. Ordinary shares, par .50 Malaysian TOSHIBA CORPORATION ¥ 50 par common ringgit ¥ 50 par common YAKULT HONSHA CO., LTD. AOKAM PERDANA BERHAD TOSHIBA MACHINE CO., LTD. ¥ 50 par common Ordinary shares, par 1 Malaysian ringgit ¥ 50 par common YAMAGUCHI BANK LTD. ARAB MALAYSIAN DEVELOPMENT TOSHIBA PLANT KENSETSU CO. LTD. ¥ 50 par common BERHAD ¥ 50 par common YAMAHA CORPORATION Ordinary shares, par .50 Malaysian TOSHOKU LTD. ¥ 50 par common ringgit ¥ 50 par common YAMAHA MOTOR CO., LTD. ARAB MALAYSIN CORP BERHAD TOSOH CORPORATION ¥ 50 par common Ordinary shares, par 1 Malaysian ringgit ¥ 50 par common YAMAICHI SECURITIES CO., LTD. ASIA PACIFIC LAND BHD TOSTEM CORPORATION ¥ 50 par common Ordinary shares, par 1 Malaysian ringgit ¥ 50 par common YAMAMURA GLASS CO., LTD. BANDAR RAYA DEVELOPMENTS TOTO LTD. ¥ 50 par common BERHAD ¥ 50 par common YAMANASHI CHUO BANK, LTD. Ordinary shares, par 1 Malaysian ringgit TOYO COMMUNICATION ¥ 50 par common BERJAYA GROUP BERHAD EQUIPMENT CO., LTD. YAMANOUCHI PHARMACEUTICAL Ordinary shares, par 1 Malaysian ringgit ¥ 50 par common CO., LTD. BERJAYA INDUSTRIAL BERHAD TOYO CONSTRUCTION CO., LTD. ¥ 50 par common Ordinary shares, par 1 Malaysian ringgit ¥ 50 par common YAMATAKE-HONEYWELL CO., LTD. BERJAYA SINGER BERHAD TOYO ENGINEERING CORP. ¥ 50 par common Ordinary shares, par 1 Malaysian ringgit ¥ 50 par common YAMATO KOGYO CO., LTD. BERJAYA SPORTS TOTO BERHAD TOYO EXTERIOR CO., LTD. ¥ 50 par common Ordinary shares, par 1 Malaysian ringgit ¥ 50 par common YAMATO TRANSPORT CO., LTD. CEMENT INDUSTRIES OF MALAYSIA TOYO INK MFG. CO., LTD. ¥ 50 par common BERHAD ¥ 50 par common YAMAZAKI BAKING CO., LTD. Ordinary shares, par 1 Malaysian ringgit TOYO KANETSU K.K. ¥ 50 par common COMMERCE ASSET HOLDING ¥ 50 par common YAOHAN JAPAN CORP. BERHAD TOYO SEIKAN KAISHA, LTD. ¥ 50 par common Ordinary shares, par 1 Malaysian ringgit ¥ 50 par common YASKAWA ELECTRIC CORPORATION DATUK KERAMAT HOLDINGS TOYO SUISAN KAISHA, LTD. ¥ 50 par common BERHAD ¥ 50 par common YASUDA FIRE & MARINE INSURANCE Ordinary shares, par .50 Malaysian TOYO TIRE & RUBBER CO., LTD. CO. ringgit ¥ 50 par common ¥ 50 par common DCB HOLDINGS BERHAD TOYO TRUST & BANKING COMPANY, YASUDA TRUST & BANKING Ordinary shares, par 1 Malaysian ringgit LIMITED COMPANY, LIMITED DIVERSIFIED RESOURCES BERHAD ¥ 50 par common ¥ 50 par common Ordinary shares, par 1 Malaysian ringgit TOYOBO CO., LTD. YODOGAWA STEEL WORKS, LTD. DMIB BERHAD (MALAYSIA) ¥ 50 par common ¥ 50 par common Ordinary shares, par .50 Malaysian TOYODA AUTOMATIC LOOM YOKOGAWA ELECTRIC ringgit WORKS, LTD. CORPORATION EDARAN OTOMOBIL NASIONAL ¥ 50 par common ¥ 50 par common Ordinary shares, par 1 Malaysian ringgit TOYOTA AUTO BODY CO., LTD. YOKOHAMA RUBBER COMPANY, EKRAN BERHAD ¥ 50 par common LIMITED Ordinary shares, par 1 Malaysian ringgit TOYOTA MOTOR CORPORATION ¥ 50 par common ESSO MALAYSIA BERHAD ¥ 50 par common YOMIURI LAND CO., LTD. Ordinary shares, par .50 Malaysian TOYOTA TSUSHO CORPORATION ¥ 50 par common ringgit ¥ 50 par common YORK-BENIMARU CO., LTD. FABER GROUP BERHAD TSUBAKIMOTO CHAIN CO. ¥ 50 par common Ordinary shares, par 1 Malaysian ringgit ¥ 50 par common YOSHITOMI PHARMACEUTICAL GENTING BERHAD TSUMURA & CO. INDUSTRIES, LTD Ordinary shares, par .50 Malaysian ¥ 50 par common ¥ 50 par common ringgit UBE INDUSTRIES, LTD. YUASA CORPORATION GOLDEN HOPE PLANTATIONS ¥ 50 par common ¥ 50 par common BERHAD UNI-CHARM CORP. YUASA TRADING CO., LTD. Ordinary shares, par 1 Malaysian ringgit ¥ 50 par common ¥ 50 par common GOLDEN PLUS HOLDINGS BERHAD UNIDEN CORP. YURTEC CORP. Ordinary shares, par 1 Malaysian ringgit 39576 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

GOPENG BERHAD LINGUI DEVELOPMENTS BERHAD Ordinary shares, par 1 Malaysian Ordinary shares, par .50 Malaysian Ordinary shares, par .50 Malaysian ringgit ringgit ringgit ORIENTAL HOLDINGS BERHAD GUINNESS ANCHOR BERHAD LION LAND BERHAD Ordinary shares, par 1 Malaysian Ordinary shares, par .50 Malaysian Ordinary shares, par 1 Malaysian ringgit ringgit ringgit Pacific Chemical Berhad HIGHLANDS & LOWLANDS BERHAD MAGNUM CORPORATION BERHAD Ordinary shares, par 1 Malaysian Ordinary shares, par .50 Malaysian Ordinary shares, par .50 Malaysian ringgit ringgit ringgit PALMCO HOLDINGS BERHAD HONG LEONG BANK BERHAD MALAYAN BANKING BERHAD Ordinary shares, par 1 Malaysian Ordinary shares, par 1 Malaysian ringgit Ordinary shares, par 1 Malaysian ringgit HONG LEONG CREDIT BERHAD ringgit PAN MALAYSIA CEMENT WORKS Ordinary shares, par 1 Malaysian ringgit MALAYAN CEMENT BERHAD BERHAD HONG LEONG INDUSTRIES BERHAD Ordinary shares, par .50 Malaysian Ordinary shares, par .50 Malaysian Ordinary shares, par .50 Malaysian ringgit ringgit ringgit MALAYAN UNITED INDUSTRIES PAN MALAYSIA CEMENT WORKS HONG LEONG PROPERTIES BERHAD BERHAD BERHAD Ordinary shares, par .50 Malaysian Ordinary shares, par 1 Malaysian Ordinary shares, par .50 Malaysian ringgit ringgit ringgit HUME INDUSTRIES (MALAYSIA) MALAYAWATA STEEL BERHAD PELANGI BERHAD BERHAD Ordinary shares, par 1 Malaysian Ordinary shares, par .50 Malaysian Ordinary shares, par 1 Malaysian ringgit ringgit ringgit MALAYSIA INTERNATIONAL PERLIS PLANTATIONS BERHAD IDRIS HYDRAULIC (MALAYSIA) SHIPPING CORP Ordinary shares, par 1 Malaysian BERHAD Ordinary shares, par 1 Malaysian ringgit Ordinary shares, par .50 Malaysian ringgit PERUSAHAAN OTOMOBIL ringgit MALAYSIA MINING CORPORATION NASIONAL (PROTON) IGB CORPORATION BERHAD BERHAD Ordinary shares, par 1 Malaysian Ordinary shares, par .50 Malaysian Ordinary shares, par .10 Malaysian ringgit ringgit ringgit PERUSAHAAN SADUR TIMAH IJM CORPORATION BERHAD MALAYSIAN AIRLINE SYSTEM MALAYSIA (PERSTIM) Ordinary shares, par 1 Malaysian BERHAD Ordinary shares, par 1 Malaysian ringgit Ordinary shares, par 1 Malaysian ringgit IOI CORPORATION BERHAD ringgit PETALING GARDEN BERHAD Ordinary shares, par .50 Malaysian MALAYSIAN HELICOPTER SERVICES Ordinary shares, par .50 Malaysian ringgit BERHAD ringgit ISLAND & PENINSULAR BERHAD Ordinary shares, par 1 Malaysian PETRONAS GAS BERAD Ordinary shares, par 1 Malaysian ringgit Ordinary shares, par 1 Malaysian ringgit MALAYSIAN OXYGEN BERHAD ringgit KAMUNTING CORP BERHAD Ordinary shares, par .50 Malaysian PILECON ENGINEERING BERHAD Ordinary shares, par .50 Malaysian ringgit Ordinary shares, par .50 Malaysian ringgit MALAYSIAN PACIFIC INDUSTRIES ringgit KEDAH CEMENT HOLDINGS BERHAD BERHAD PROMET BERHAD Ordinary shares, par 1 Malaysian Ordinary shares, par .50 Malaysian Ordinary shares, par 1 Malaysian ringgit ringgit ringgit KELANAMAS INDUSTRIES BHD MALAYSIAN RESOURCES PUBLIC BANK BERHAD Ordinary shares, par 1 Malaysian CORPORATION BERHAD Foreign registered shares, par .50 ringgit Ordinary shares, par 1 Malaysian Malaysian ringgit KEMAYAN CORPORATION BHD ringgit RASHID HUSSAIN BERHAD Ordinary shares, par .50 Malaysian MBF CAPITAL BERHAD Ordinary shares, par 1 Malaysian ringgit Ordinary shares, par 1 Malaysian ringgit KIM HIN INDUSTRY BERHAD ringgit RENONG BERHAD Ordinary shares, par 1 Malaysian METROPLEX BERHAD Ordinary shares, par .50 Malaysian ringgit Ordinary shares, par .50 Malaysian ringgit KUALA LUMPUR KEPONG BERHAD ringgit RESORTS WORLD BERHAD Ordinary shares, par 1 Malaysian MULPHA INTERNATIONAL BHD Common shares, par .50 Malaysian ringgit Ordinary shares, par .50 Malaysian ringgit LAND & GENERAL BERHAD ringgit ROTHMANS OF PALL MALL Ordinary shares, par 1 Malaysian MULTI-PURPOSE HOLDINGS BERHAD (MALAYSIA) BERHAD ringgit Ordinary shares, par 1 Malaysian Ordinary shares, par .50 Malaysian LANDMARKS BERHAD ringgit ringgit Ordinary shares, par 1 Malaysian MYCOM BERHAD SCB DEVELOPMENTS BERHAD ringgit Ordinary shares, par 1 Malaysian Ordinary shares, par 1 Malaysian LEADER UNIVERSAL HOLDINGS BHD ringgit ringgit Ordinary shares, par 1 Malaysian NESTLE (MALAYSIA) BERHAD SELANGOR PROPERTIES BERHAD ringgit Ordinary shares, par 1 Malaysian Ordinary shares, par 1 Malaysian LIEN HOE CORPORATION BERHAD ringgit ringgit Ordinary shares, par 1 Malaysian NEW STRAITS TIMES PRESS SHELL REFINING COMPANY BERHAD ringgit (MALAYSIA) Ordinary shares, par 1 Malaysian Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39577

ringgit Series I, par .20 Mexican new pesos KONINKLIJKE PTT NEDERLAND NV SIME DARBY BERHAD EMPRESAS ICA SOCIEDAD Registered Shares, par 10 Netherlands Ordinary shares, par .50 Malaysian CONTROLADORA S.A. guilder ringgit No par common shares NV KONINKLIJKE KNP BT SUNGEI WAY HOLDINGS BERHAD FOMENTO ECO Registered Shares, par 2.50 Ordinary shares, par 1 Malaysian NOMICO MEXICA Netherlands guilder ringgit No, S.A. DE C.V. PHILIPS ELECTRONICS N.V. TA ENTERPRISE BERHAD Series B, no par common Bearer shares, par 10 Netherlands Ordinary shares, par 1 Malaysian GRUPO CARSO S.A. DE C.V. guilder ringgit Series A1, no par common POLYGRAM N.V. TAN CHONG MOTOR HOLDINGS GRUPO FINANCIERO BANAMMEX Bearer shares, par 0.50 Netherlands BERHAD ACCIVAL S.A. BANACCI guilder Ordinary shares, par .50 Malaysian Series B, no par common STORK N.V. ringgit GRUPO FINANCIERO BANCOMER S.A. Registered Shares, par 10 Netherlands TANJONG PUBLIC LTD. COMPANY Series A, no par common guilder Ordinary shares, par 7.50 p GRUPO INDUSTRIAL BIMBO S.A. DE UNILEVER N.V. TASEK CEMENT BERHAD C.V. Certificate par 4 Netherlands guilder Ordinary shares, par 1 Malaysian Series A, no par common WOLTERS KLUWER N.V. ringgit GRUPO TELEVISA S.A. DE C.V. Registered Shares, par 1 Netherlands TECHNOLOGY RESOURCES Participating Certificates guilder INDUSTRIES BERHAD KIMBERLY CLARK DE MEXICO S.A. Ordinary shares, par 1 Malaysian DE C.V. NEW ZEALAND ringgit Series A, no par common BRIERLEY INVESTMENTS LIMITED TELEKOM MALAYSIA BHD TELEFONOS DE MEXICO S.A. DE C.V. Ordinary shares, par NZ$0.50 Ordinary shares, par 1 Malaysian Series A, no par common CARTER HOLT HARVEY LTD. ringgit TELEFONOS DE MEXICO S.A. DE C.V. Ordinary shares, par NZ$0.50 TENAGA NASIONAL BERHAD Series L, no par common CERAMCO CORPORATION LIMITED Ordinary shares, par 1 Malaysian VITRO SOCIEDAD A Ordinary shares, par NZ$0.50 ringgit NOMINA FERNZ CORPORATION LIMITED TIME ENGINEERING BERHAD Common, par 1 Mexican new pesos Ordinary shares, par NZ$0.50 Ordinary shares, par 1 Malaysian NETHERLANDS FISHER & PAYKEL INDUSTRIES ringgit LIMITED TRACTORS MALAYSIA HOLDINGS ABN AMRO HOLDING N.V. Ordinary shares, par NZ$0.50 BERHAD Registered Shares, par 5 Netherlands FLETCHER BUILDING LTD. Ordinary shares, par .50 Malaysian guilder Ordinary shares, par NZ$0.50 ringgit AEGON N.V. FLETCHER CHALLENGE FORESTS UMW HOLDINGS BERHAD Bearer shares, par 1 Netherlands DIVISION Ordinary shares, par 1 Malaysian guilder Ordinary shares, par NZ$0.4 ringgit AKZO NOBEL N.V. FLETCHER ENERGY LTD. UNITED ENGINEERS (MALAYSIA) Bearer shares, par 20 Netherlands Ordinary shares, par NZ$0.50 BERHAD guilder Ordinary shares, par .50 Malaysian FLETCHER PAPER LTD. DSM N.V. Ordinary shares, par NZ$0.50 ringgit Registered Shares, par 20 Netherlands INDEPENDENT NEWSPAPERS UNITED PLANTATIONS BERHAD guilder Ordinary shares, par 1 Malaysian LIMITED ELSEVIER N.V. ringgit Ordinary shares, par NZ$0.50 Bearer shares, par 0.10 Netherlands WESTMONT INDUSTRIES BERHAD LION NATHAN LIMITED guilder Ordinary shares, par 1 Malaysian Ordinary shares, par NZ$0.25 HEINEKEN N.V. ringgit PROGRESSIVE ENTERPRISES LTD. YTL CORP BERHAD Bearer shares, par 25 Netherlands Ordinary shares, par NZ$0.50 Ordinary shares, par .50 Malaysian guilder SANFORD LIMITED ringgit HUNTER DOUGLAS N.V. Ordinary shares, par NZ$0.50 Bearer shares, par 1 Netherlands TELECOM CORPORATION OF NEW MEXICO guilder ZEALAND ALFA S.A. DE C.V. ING GROEP N.V. Ordinary shares, par NZ$1.00 Series A, No par common Registered Shares, par 1 Netherlands WILSON & HORTON LIMITED CEMEX S.A. guilder Ordinary shares, par NZ$1.00 KLM KONINKLIJKE LUCHTVAART Series A, No par common NORWAY CEMEX S.A. MAATSCHAPPIJ Series B, No par common Bearer shares, par 20 Netherlands AKER ASA CIFRA, S.A. DE C.V. guilder A Free Shares, par 20 Norwegian Series A Common, par .30 Mexican KON NEDERLANDSCHE PETROLEUM krone new peso MAATSCHAPPIJ AKER ASA CIFRA, S.A. DE C.V. Bearer shares, par 5 Netherlands B Free Shares, par 20 Norwegian Series B Common, par .30 Mexican guilder krone new peso KONINKLIJKE AHOLD NV AWILCO ASA CIFRA, S.A. DE C.V. Bearer shares, par 1.25 Netherlands A Common Shares, par 12.50 Series C, no par common guilder Norwegian krone EL PUERTO DE LIVERPOOL S.A. DE KONINKLIJKE BOLS WESSANEN N.V. AWILCO ASA C.V. Certificate par 2 Netherlands guilder B Common Shares, par 12.50 39578 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Norwegian krone krone Class B Common Shares, par 100 BERGESEN D.Y. ASA STORLI ASA Philippine pesos B Common Shares, par 2.50 A Ordinary Common, par 10 PILIIPINO TELEPHONE Norwegian krone Norwegian krone CORPORATION BERGESEN D.Y. ASA STORLI ASA Common, par 1 Philippine peso A Common Shares, par 2.50 B Ordinary Common, par 10 RFM CORPORATION Norwegian krone Norwegian krone Common, par 1 Philippine peso CHRISTIANA BANK OG TRANSOCEAN ASA SAN MIGEUEL CORPORATION KREDITKASSE Common Shares, par 5 Norwegian Class B Common Shares, par 10 Ordinary Free Shares, par 7 krone Philippine pesos Norwegian krone UNI STOREBRAND A/S SM PRIME HOLDINGS INC. DEN NORSKE BANK ASA A Ordinary Common, par 5 Common, par 10 Philippine pesos A Common Shares, par 10 Norwegian Norwegian krone SOUTHEAST ASIA CEMENT HOLDING krone UNI STOREBRAND ASA Common, par 10 Philippine pesos DYNO INDUSTRIER ASA Convertible Preferred A Shares, par 5 UNIVERSAL ROBINA CORPORATION Common Shares, par 20 Norwegian Norwegian krone Common, par 10 Philippine pesos krone UNITOR ASA ABOITIZ EQUITY VENTURES INC. ELKEM A/S Common Shares, par 12.50 Norwegian Common, par 10 Philippine Pesos Common Shares, par 20 Norwegian krone SINGAPORE krone WILH. WILHELMSEN LIMITED AS HAFSLUND ASA Common Shares, par 5 Norwegian ACMA LIMITED A Ordinary Common, par 1 krone Ordinary shares, par S$0.50 Norwegian krone WILH. WILHELMSEN LIMITED AS AMCOL HOLDINGS LTD. HAFSLUND ASA B Common Shares, par Norwegian Ordinary shares, par S$0.25 B Ordinary Common, par 1 krone AURIC PACIFIC GROUP Norwegian krone Ordinary shares, par S$0.50 PHILIPPINES KVAERNER ASA CITY DEVELOPMENTS LIMITED A Free Shares, par 12.50 Norwegian AYALA CORPORATION Ordinary shares, par S$0.50 krone Class B common shares, par 1 CYCLE & CARRIAGE LTD. KVAERNER ASA Philippine peso Ordinary shares, par S$1.00 B Common Shares, par 12.50 AYALA LAND INC. DBS LAND LTD Norwegian krone Class B Common Shares, par 1 Ordinary shares, par S$1.00 LEIF HOEGH & CO ASA Philippine peso DEVELOPMENT BANK OF Common Shares, par 2 Norwegian BACNOTAN CONSD. INC. SINGAPORE LTD. krone Class B Common Shares, par 1 Foreign Registered Shares, par S$1.00 MYCOMED ASA Philippine peso FAR EAST LEVINGSTONE B Ordinary Common, par 4 C & P HOMES INC. SHIPBUILDING LTD. Norwegian krone Common, par 1 Philippine peso Ordinary shares, par S$0.50 NORSK HYDRO A.S FILINVEST LAND INC. FRASER & NEAVE LIMITED Common Shares, par 20 Norwegian Common, par 1 Philippine peso Stock Units, S$1.00 krone FIRST PHILIPPINES HOLDING GOLDTRON LIMITED NORSKE SKOGINDUSTRIER ASA CORPORATION Ordinary shares, par S$0.20 A Ordinary Shares, par 20 Norwegian Class B Common Shares, par 10 HAW PAR BROTHERS krone Philippine pesos INTERNATIONAL LTD. NORSKE SKOGINDUSTRIER ASA INTERNATIONAL CONTAINER Ordinary shares, par S$1.00 B Common Shares, par 20 Norwegian TERMINAL SERVICES INC. HITACHI ZOSEN SINGAPORE LTD krone Common, par 1 Philippine peso Ordinary shares, par S$0.20 NYCOMED ASA JG SUMMIT HOLDINGS INC. HOTEL PROPERTIES LIMITED A Ordinary Common, par 4 Class B Common Shares, par 1 Ordinary shares, par S$1.00 Norwegian krone Philippine peso INCHCAPE BERHAD ORKLA ASA MANILA ELECTRIC COMPANY Ordinary shares, par S$0.50 A Free Shares, par 25 Norwegian Preferred Series B Shares, par 10 JURONG SHIPYARD LIMITED krone Philippine pesos Ordinary shares, par S$0.50 ORKLA ASA MEGAWORLD PROPERTIES & KEPPEL CORPORATION LIMITED B Common Shares, par 25 Norwegian HOLDINGS Ordinary shares, par S$1.00 krone Common, par 1 Philippine peso LUM CHANG HOLDINGS LIMITED PETROLEUM GEO-SERVICES ASA METRO PACIFIC CORPORATION Ordinary shares, par S$0.50 Free Shares, par 5 Norwegian krone Class A Common, par 1 Philippine MARCO POLO DEVELOPMENTS SAGA PETROLEUM ASA peso LIMITED B Common Shares, par 15 Norwegian METROPOLITAN BANK & TRUST Ordinary shares, par S$1.00 krone COMPANY METRO HOLDING SAGA PETROLEUM ASA Common, par 100 Philippine pesos Ordinary shares, par S$1.00 A Free Shares, par 15 Norwegian PHILIPPINE COMMERCE NATSTEEL LIMITED krone INTERNATIONAL BANK (PCI) Ordinary shares, par S$0.50 SCHIBSTED ASA Common, par 100 Philippine pesos NEPTUNE ORIENT LINES LTD. Common Shares, par 1 Norwegian PHILIPPINE LONG DISTANCE Ordinary shares, par S$1.00 krone TELEPHONE COMPANY OVERSEAS CHINESE BANKING SMEDVIG ASA Common, par 5 Philippine pesos CORP.LTD. Common Shares, par 3 Norwegian PHILIPPINE NATIONAL BANK Foreign Registered Shares, par S$1.00 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39579

OVERSEAS UNION BANK LTD. ANGLOVAAL LIMITED Ordinary shares, par 0.05 South Foreign Registered Shares, par S$1.00 Ordinary shares, par 0.0001 South African rand OVERSEAS UNION ENTERPRISE LTD. African rand NEDCOR LIMITED Ordinary shares, par S$1.00 BARLOW LIMITED Ordinary shares, par 1 South African PACIFIC CARRIERS LIMITED Ordinary shares, par 0.05 South rand Ordinary shares, par S$0.50 African rand PREMIER GROUP LIMITED PARKWAY HOLDINGS LIMITED C.G. SMITH LIMITED Ordinary shares, par 0.05 South Ordinary shares, par S$0.50 Ordinary shares, par 0.10 South African rand ROTHMANS INDUSTRIES LIMITED African rand REMBRANDT CONTROLLING Ordinary shares, par S$0.50 DE BEERS CONSOLIDATED MINES INVESTMENT LIMITED SEMBAWANG CORPORATION LIMITED Ordinary shares, par 0.01 South LIMITED Ordinary shares, par Link Units African rand Ordinary shares, par S$1.00 DRIEFONTEIN CONSOLIDATED REMBRANDT GROUP LIMITED SHANGRI-LA HOTEL LIMITED LIMITED Ordinary shares, par 0.01 South Ordinary shares, par S$1.00 Ordinary shares, par 0.50 South African rand SIME SINGAPORE LIMITED African rand REUNERT LIMITED Ordinary shares, par S$0.25 FIRST NATIONAL BANK HOLDINGS Ordinary shares, par 0.10 South SINGAPORE AIRLINES LIMITED LIMITED African rand Foreign Registered Shares, par S$1.00 Ordinary shares, par 0.20 South RUSTENBURG PLATINUM HOLDINGS SINGAPORE LAND LTD. African rand LIMITED Ordinary shares, par S$1.00 FREE STATE CONSOLIDATED GOLD Ordinary shares, par 0.10 South SINGAPORE PRESS HOLDINGS MINES LTD. African rand LIMITED Ordinary shares, par 0.50 South SAFMARINE & RENNIES HOLDINGS Foreign Registered Shares, par S$1.00 African rand LIMITED SINGAPORE TELECOMMUNICATIONS GENCOR LIMITED Ordinary shares, par 0.50 South LTD Ordinary shares, par 0.04 South African rand Ordinary shares, par S$0.15 African rand SAMANCOR LIMITED STRAITS STEAMSHIP LAND LTD GOLD FIELDS OF SOUTH AFRICA Ordinary shares, par 0.04 South Ordinary shares, par S$0.50 LIMITED African rand STRAITS TRADING COMPANY Ordinary shares, par 0.05 South SAPPI LIMITED LIMITED African rand Ordinary shares, par 1 South African Ordinary shares, par S$1.00 HIGHVELD STEEL & VANADIUM rand TAT LEE BANK LTD. CORP. LIMITED SASOL LIMITED Ordinary shares, par S$1.00 Ordinary shares, par 1 South African Ordinary shares, no par TIMES PUBLISHING LIMITED rand SOUTH AFRICAN BREWERIES Ordinary shares, par S$1.00 IMPALA PLATINUM HOLDINGS LIMITED UNITED ENGINEERS LTD. LIMITED Ordinary shares, par 0.20 South Ordinary shares, par S$1.00 Ordinary shares, par 0.20 South African rand UNITED INDUSTRIAL CORPORATION African rand SOUTHERN LIFE ASSOCIATION LTD. ISCOR LIMITED LIMITED (THE) Ordinary shares, par S$1.00 Ordinary shares, par 1 South African Ordinary shares, par 0.50 South UNITED OVERSEAS BANK LIMITED rand African rand Foreign Registered Shares, par S$1.00 JCI Company Limited STANDARD BANK INVESTMENT UNITED OVERSEAS LAND LIMITED Ordinary shares, par 1 South African CORP. LTD. Ordinary shares, par S$1.00 rand Ordinary shares, par 1 South African WBL CORPORATION LTD. JOHNNIES INDUSTRIAL rand Ordinary shares, par S$1.00 CORPORATION LIMITED THE TONGAAT-HULETT GROUP WING TAI HOLDINGS LTD Ordinary shares, par 0.10 South LIMITED Ordinary shares, par S$0.25 African rand Ordinary shares, par 1 South African KLOOF GOLD MINING COMPANY rand SOUTH AFRICA LIMITED TIGER OATS LIMITED AMPLATS LTD. Ordinary shares, par 0.25 South Ordinary shares, par 0.10 South Ordinary shares, par 1 South African African rand African rand rand LIBERTY HOLDINGS LIMITED VAAL REEFS EXPLORATION & ANGLO AMERICAN CORPORATION/ Ordinary shares, par 0.25 South MINING CO LTD SOUTH AFRICA African rand Ordinary shares, par 0.50 South Ordinary shares, par 0.10 South LIBERTY LIFE ASSOCIATION OF African rand African rand AFRICA LTD WESTERN DEEP LEVELS LIMITED ANGLO AMERICAN GOLD Ordinary shares, par 0.10 South Ordinary shares, par 2 South African INVESTMENT CO LTD African rand rand Ordinary shares, par 1 South African MIDDLE WITWATERSRAND WOOLTRU LIMITED rand (WESTERN AREAS) LTD Ordinary shares, par 0.05 South ANGLO AMERICAN INDUSTRIAL Ordinary shares, par 0.01 South African rand CORPORATION African rand WOOLTRU LIMITED Ordinary shares, par 1 South African MURRAY & ROBERTS HOLDING Class A Ordinary shares, par 0.05 rand LIMITED South African rand ANGLOVAAL INDUSTRIES LIMITED Ordinary shares, par 0.10 South Ordinary shares, par 0.05 South African rand SPAIN African rand NAMPAK LIMITED ACERINOX S.A. 39580 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Registered Shares, par 1000 pesetas Bearer shares, par 1000 pesetas NORDBANKEN AB AUTOPISTAS CONCESIONARIA PORTLAND VALDERRIVAS, S.A. Restricted shares, par 12.50 Swedish ESPANOLA S.A. Bearer shares, par 500 pesetas krona Bearer shares, par 500 pesetas REPSOL S.A. SANDVIK AB AUTOPISTAS DEL MARE NOSTRUM Bearer shares, par 500 pesetas Free shares, par 5 Swedish krona S.A. SARRIO S.A. SANDVIK AB Registered Shares, par 1000 pesetas Bearer shares, par 500 pesetas A Free shares, par 5 Swedish krona BANCO BILBAO VIZCAYA, S.A. SOCIEDAD ESPANOLA DE CARBUROS SCANIA AG Registered Shares, par 600 pesetas METALICOS A Free shares, par 10 Swedish krona BANCO CENTRAL Bearer shares, par 1000 pesetas SCANIA AG HISPANOAMERICANO S.A. TABACALERA, S.A. B Free shares, par 10 Swedish krona Registered Shares, par 500 pesetas Series A Registered shares, par 500 SECURITAS AB BANCO ESPANOL DE CREDITO, S.A. pesetas B Free shares, par 2 Swedish krona Registered Shares, par 400 pesetas TELEFONICA DE ESPANA, S.A. SKANDINAVISKA ENSKILDA BANCO POPULAR ESPANOL Bearer shares, par 500 pesetas BANKEN Registered Shares, par 500 pesetas UNION ELECTRICA-FENOSA, S.A. A Free shares, par 10 Swedish krona BANCO SANTANDER, S.A. Bearer shares, par 500 pesetas SKANSKA AB Registered Shares, par 750 pesetas URALITA, S.A. B Free shares, par 10 Swedish krona BANKINTER S.A. Bearer shares, par 440 pesetas SKF AB Registered Shares, par 1500 pesetas VALLEHERMOSO S.A. B Free shares, par 12.50 Swedish COMPANIA ESPANOLA DE Bearer shares, par 500 pesetas krona PETROLEOS, S.A. VISCOFAN, S.A. SKF AB Bearer shares, par 500 pesetas Bearer shares, par 100 pesetas A Free shares, par 12.50 Swedish COMPANIA SEVILLANA DE krona ELECTRICIDAD, S.A. SWEDEN SSAB SVENSKT STAL AB Bearer shares, par 500 pesetas ABB AB A Free shares, par 25 Swedish krona CORP BANCARIA DE ESPANA, B Free shares, par 50 Swedish krona SSAB SVENSKT STAL AB (ARGENTARIA) ABB AB B Free shares, par 25 Swedish krona Registered Shares, par 500 pesetas A Free shares, par 50 Swedish krona STORA KOPPARBERGS BERGSLAGS CORPORACION FINANCIERA ALBA AGA AB AB S.A. B Free shares, par 5 Swedish krona A Free shares, par 5 Swedish krona Bearer shares, par 1000 pesetas AGA AB STORA KOPPARBERGS BERGSLAGS CORPORACION MAPFRE, CIA INTL/ A Free shares, par 5 Swedish krona AB REASEGUROS ASTRA AB B Free shares, par 5 Swedish krona Bearer shares, par 500 pesetas A Free shares, par 2.50 Swedish krona SVENSKA CELLULOSA CRISTALERIA ESPANOLA, S.A. ASTRA AB AKTIEBOLAGET SCA Bearer shares, par 1000 pesetas B Free shares, par 2.50 Swedish krona B Free shares, par 10 Swedish krona CUBIERTAS Y MZOV S.A., COMPANIA ATLAS COPCO AB SVENSKA CELLULOSA GENERAL A Free shares, par 5 Swedish krona AKTIEBOLAGET SCA Bearer shares, par 1000 pesetas ATLAS COPCO AB A Free shares, par 10 Swedish krona DRAGADOS Y CONSTRUCCIONES, B Free shares, par 5 Swedish krona SVENSKA HANDELSBANKEN AB S.A. ELECTROLUX AB A Free shares, par 10 Swedish krona Bearer shares, par 500 pesetas B Free shares, par 25 Swedish krona SVENSKA HANDELSBANKEN AB EBRO AGRICOLAS, CIA DE FASTIGHETS AB HUFVUDSTADEN B Free shares, par 10 Swedish krona ALIMENTACION SA A Free shares, par 5 Swedish krona SYDKRAFT AB Bearer shares, par 100 pesetas FORSAKRINGS AB SKANDIA A Free shares, par 10 Swedish krona EL AGUILA S.A. Free shares, par 5 Swedish krona SYDKRAFT AB Bearer shares, par 500 pesetas H & M HENNES & MAURITZ AB C Free shares, par 10 Swedish krona EMPRESA NACIONAL DE B Fri Aktie, par 5 Swedish krona TELEFONAKTIEBOLAGET LM ELECTRICIDAD S.A. INCENTIVE AB ERICSSON Bearer shares, par 800 pesetas B Free shares, par 10 Swedish krona B Free shares, par 2.50 Swedish krona FOMENTO DE CONSTRUCCIONES Y INCENTIVE AB TELEFONAKTIEBOLAGET LM CONTRATAS A Free shares, par 10 Swedish krona ERICSSON Bearer shares, par 1000 pesetas INDUSTRIVARDEN AB A Free shares, par 2.50 Swedish krona FUERZAS ELECTRICAS DE A Free shares, par 20 Swedish krona TIDNINGS AB MARIEBERG CATALUNA, S.A. INDUSTRIVARDEN AB A Free shares, par 10 Swedish krona Series A Bearer shares, par 1000 C Free shares, par 20 Swedish krona TRELLEBORG AB pesetas INVESTOR AB B Free shares, par 25 Swedish krona GAS NATURAL SDG S.A. A Free shares, par 25 Swedish krona VOLVO AB Registered Shares, par 600 pesetas INVESTOR AB A Free shares, par 5 Swedish krona HIDROELECTRICA DEL CANTABRICO, B Free shares, par 25 Swedish krona VOLVO AB S.A. MO OCH DOMSJO AB B Free shares, par 5 Swedish krona Bearer shares, par 1000 pesetas A Free shares, par 50 Swedish krona IBERDROLA SA MO OCH DOMSJO AB Switzerland Bearer shares, par 500 pesetas B Free shares, par 50 Swedish krona ABB AG INMOBILIARIA METROPOLITANA NCC AB Bearer shares, par 100 Swiss francs VASCO CENTRAL A Free shares, par 25 Swedish krona ABB AG Bearer shares, par 500 pesetas NCC AB Registered shares, par 20 Swiss francs KOIPE, S.A. B Free shares, par 25 Swedish krona ADIA INTERNATIONAL AG Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39581

Bearer shares, par 10 Swiss francs SOCIETE INTERNATIONALE PIRELLI Ordinary shares, par 10 Thai baht ALUSUISSE–LONZA HOLDING AG SA INTERNATIONAL COSMETICS PUBLIC Bearer shares, par 125 Swiss francs Bearer shares, par 100 Swiss francs CO. LTD. ALUSUISSE–LONZA HOLDING AG SULZER AG Ordinary shares, par 10 Thai baht Registered shares, par 125 Swiss Participation Certificates, par 100 KRISDA MAHANAKORN PUBLIC CO. francs Swiss francs LTD. BALOISE–HOLDING SULZER AG Ordinary shares, par 10 Thai baht Registered shares, par 100 Swiss Registered shares, par 100 Swiss KRUNG THAI BANK PUBLIC CO. LTD. francs francs Common, par 10 Thai baht CIBA–GEIGY AG SWISSAIR SCHWEIZERISCHE LAND & HOUSES PUBLIC CO. LTD. Bearer shares, par 20 Swiss francs LUFTVERKEHR AG Ordinary shares, par 10 Thai baht CIBA–GEIGY AG Registered shares, par 350 Swiss MDX PUBLIC CO. LTD. Registered shares, par 20 Swiss francs francs Ordinary shares, par 10 Thai baht COMPAGNIE FINANCIERE WINTERTHUR SCHWEIZER. NATURAL PARK PUBLIC CO. LTD. RICHEMONT AG VERSICHERUNGS GES. Ordinary shares, par 10 Thai baht Bearer shares, par 100 Swiss francs Bearer shares, par 20 Swiss francs NAVA FINANCE & SECURITIES CS HOLDING WINTERTHUR SCHWEIZER. PUBLIC CO. LTD. Bearer shares, par 20 Swiss francs VERSICHERUNGS GES. Ordinary shares, par 10 Thai baht ELEKTROWATT AG Registered shares, par 20 Swiss francs NTS STEEL GROUP PUBLIC CO. LTD. Bearer shares, par 50 Swiss francs ZUERICH VERSICHERUNGS– Ordinary shares, par 10 Thai baht FORBO HOLDING AG GESELLSCHAFT PHATRA THANAKIT PUBLIC CO. LTD. Registered shares, par 50 Swiss francs Registered shares, par 10 Swiss francs Ordinary shares, par 10 Thai baht PROPERTY PERFECT PUBLIC CO. LTD. GEORG FISCHER AG Thailand Bearer shares, par 500 Swiss francs Ordinary shares, par 10 Thai baht HOLDERBANK FINANCIERE GLARUS ADVANCED INFORMATION SERVICES QUALITY HOUSES PUBLIC CO. LTD. AG PUBLIC CO. LTD. Ordinary shares, par 10 Thai baht Bearer shares, par 50 Swiss francs Ordinary shares, par 10 Thai baht REGIONAL CONTAINER LINES MOTOR–COLUMBUS AG ASIA SECURITIES TRADING CO. LTD. PUBLIC CO. LTD. Bearer shares, par 500 Swiss francs Ordinary shares, par 10 Thai baht Ordinary shares, par 10 Thai baht NESTLE SA BANGKOK BANK PUBLIC CO. LTD. SAMART CORP PUBLIC CO. LTD. Registered shares, par 10 Swiss francs Ordinary shares, par 10 Thai baht Ordinary shares, par 10 Thai baht OERLIKON–BUEHRLE HOLDING LTD. BANGKOK LAND PUBLIC CO. LTD. SECURITIES ONE PUBLIC CO. LTD. Registered shares, par 20 Swiss francs Ordinary shares, par 10 Thai baht Ordinary shares, par 10 Thai baht PARGESA HOLDING SA BANGKOK METROPOLITAN BANK SHINAWATRA COMPUTER & Bearer shares, par 1000 Swiss francs PUBLIC CO. LTD. COMMUNICATIONS PUBLIC CO. Common, par 10 Thai baht ROCHE HOLDING AG LTD. BANK OF ASIA PUBLIC CO. LTD. Bearer shares, par 100 Swiss francs Ordinary shares, par 10 Thai baht Ordinary shares, par 10 Thai baht ROCHE HOLDING AG SIAM CEMENT PUBLIC CO. LTD. BANK OF AYUDHYA PUBLIC CO. LTD. Ordinary shares, par 10 Thai baht Genussschein No par Ordinary shares, par 10 Thai baht S.M.H. (SOCIETE SUISSE POUR LA SIAM CITY BANK PUBLIC CO. LTD. BANPU PUBLIC CO. LTD. Ordinary shares, par 5 Thai baht MICROLECTRONIQUE) A Ordinary shares, par 10 Thai baht SIAM CITY CEMENT PUBLIC CO. LTD. Registered shares, par 10 Swiss francs CHAROEN POKPHAND FEEDMILL (THE) S.M.H. (SOCIETE SUISSE POUR LA PUBLIC CO. LTD. Ordinary shares, par 10 Thai baht MICROLECTRONIQUE) A Common, par 10 Thai baht SIAM COMMERCIAL BANK PUBLIC Bearer shares, par 50 Swiss francs CHRISTIAN & NIELSEN (THAILAND) CO. LTD. SANDOZ AG PUBLIC CO. LTD. Ordinary shares, par 10 Thai baht Bearer shares, par 20 Swiss francs Ordinary shares, par 10 Thai baht TELECOM ASIA PUBLIC CO. LTD. SANDOZ AG CMIC FINANCE & SECURITIES PUBLIC Ordinary shares, par 10 Thai baht Registered shares, par 20 Swiss francs CO. LTD. THAI FARMERS BANK PUBLIC CO. SCHINDLER HOLDING AG Ordinary shares, par 10 Thai baht LTD. Participation Certificate, par 100 DHANA SIAM FINANCE & Ordinary shares, par 10 Thai baht Swiss francs SECURITIES PUBLIC CO. LTD. THAI GERMAN CERAMIC PUBLIC CO. SCHINDLER HOLDING AG Ordinary shares, par 10 Thai baht LTD. Registered shares, par 100 Swiss FINANCE ONE PUBLIC CO. LTD. Ordinary shares, par 10 Thai baht francs Ordinary shares, par 10 Thai baht THAI MILITARY BANK PUBLIC CO. SCHWEIZERISCHE FIRST BANGKOK CITY BANK PUBLIC LTD. BANKGESELLSCHAFT CO. LTD. Ordinary shares, par 10 Thai baht Bearer shares, par 100 Swiss francs Ordinary shares, par 15 Thai baht TPI POLENE CO. PUBLIC CO. LTD. SCHWEIZERISCHE GENERAL FINANCE & SECURITIES Ordinary shares, par 10 Thai baht RUECKVERSICHERUNGS–GES. PUBLIC CO. LTD. UNION ASIA FINANCE PUBLIC CO. Registered shares, par 10 Swiss francs Ordinary shares, par 10 Thai baht LTD. SCHWEIZERISCHER BANKVEREIN HEMARAJ LAND & DEVELOPMENT Common shares, par 10 Thai baht Registered shares, par 50 Swiss francs PUBLIC CO. LTD. UNIVEST LAND PUBLIC CO. LTD. SOC. GENERALE DE SURVEILLANCE Ordinary shares, par 10 Thai baht Common shares, par 10 Thai baht HOLDING SA INDUSTRIAL FINANCE CORP OF WATTACHAK CO. LTD. Registered shares, par 20 Swiss francs THAILAND PUBLIC CO. LTD. Ordinary shares, par 10 Thai baht SOC. GENERALE DE SURVEILLANCE Common, par 10 Thai baht HOLDING SA INTERNATIONAL BROADCASTING UNITED KINGDOM Bearer shares, par 100 Swiss francs PUBLIC CO. LTD. ABBEY NATIONAL PLC 39582 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Ordinary shares, par 10 p BRITISH PETROLEUM COMPANY PLC, Ordinary shares, par 10 p ALBERT FISHER GROUP PLC THE ENGLISH CHINA CLAYS PLC Ordinary shares, par 5 p Ordinary shares, par 25 p Ordinary shares, par 25 p ALLIED COLLOIDS GROUP PLC BRITISH SKY BROADCASTING GROUP ENTERPRISE OIL PLC Ordinary shares, par 10 p PLC Ordinary shares, par 25 p ALLIED DOMECQ PLC Ordinary shares, par 25 p EUROTUNNEL EPLC ESA Ordinary shares, par 25 p BRITISH STEEL PLC No par Ordinary Units AMSTRAD PLC Ordinary shares, par 50 p FIRST LEISURE CORPORATION PLC Ordinary shares, par 25 p BRITISH TELECOMMUNICATIONS Ordinary shares, par 25 p ANGLIAN WATER PLC PLC FISONS PLC Ordinary shares, par £1 Ordinary shares, par 25 p Ordinary shares, par value 25 p APV PLC BRIXTON ESTATE PLC FKI PLC Ordinary shares, par 10 p Ordinary shares, par 25 p Ordinary shares, par 10 p ARGOS PLC BRYANT GROUP PLC FLEMING MERCANTILE INVESTMENT Ordinary shares, par 10 p Ordinary shares, par 25 p TRUST PLC ARGYLL GROUP PLC BTR PLC Ordinary shares, par 25 p Ordinary shares, par 25 p Ordinary shares, par 25 p FOREIGN & COLONIAL INVESTMENT ARJO WIGGINS APPLETON PLC BUNZL PLC TRUST PLC Ordinary shares, par 25 p Ordinary shares, par 25 p Ordinary shares, par 25 p ASDA GROUP PLC BURMAH CASTROL PLC FORTE PLC Ordinary shares, par 25 p Ordinary shares, par 1 Ordinary shares, par value 25 p ASSOCIATED BRITISH FOODS PLC BURMAH OIL PLC, THE GENERAL ACCIDENT PLC Ordinary shares, par 5 p Ordinary shares, par value 100 p Ordinary shares, par 25 p ASSOCIATED BRITISH PORTS BURTON GROUP PLC, THE GENERAL ELECTRIC COMPANY PLC HOLDINGS PLC Ordinary shares, par 10 p Ordinary shares, par 5 p Ordinary shares, par 25 p CABLE AND WIRELESS PLC GEORGE WIMPEY PLC B.A.T. INDUSTRIES PLC Ordinary shares, par 5 p Ordinary shares, par 25 p Ordinary shares, par 25 p CADBURY SCHWEPPES PLC GKN PLC BAA PLC Ordinary shares, par 25 p Ordinary shares, par £1 Ordinary shares, par £1 CARADON PLC GLAXO HOLDINGS PLC BANK OF SCOTLAND (GOVERNOR & Ordinary shares, par 25 p Ordinary shares, par value 50 p COMPANY) CARLTON COMMUNICATIONS PLC GLAXO WELLCOME PLC Ordinary shares, par 25 p Ordinary shares, par 5 p Ordinary shares, par 25 p BARCLAYS PLC CHARTER PLC GLYNWED INTERNATIONAL PLC Ordinary shares, par 1 Ordinary Registered 2 p Ordinary shares, par 25 p BARRATT DEVELOPMENTS PLC CHRISTIES INTERNATIONAL PLC GRANADA GROUP PLC Ordinary shares, par 10 p Ordinary shares, par 5 p Ordinary shares, par 25 p BASS PLC CMIC FINANCE & SECURITIES PLC GRAND METROPOLITAN PLC Ordinary shares, par 25 p Foreign Registered 50 p Ordinary shares, par 25 p BBA GROUP PLC COATS VIYELLA PLC GREAT PORTLAND ESTATES PLC Ordinary shares, par 25 p Ordinary shares, par 25 p Ordinary shares, par 50 p BET PLC COMMERCIAL UNION PLC GREAT UNIVERSAL STORES PLC Ordinary shares, par value 25 p Ordinary shares, par 25 p Ordinary shares, par 25 p BICC PLC COOKSON GROUP PLC GREENALLS GROUP PLC Ordinary shares, par 50 p Ordinary shares, par 50 p Limited voting ordinary shares, par 25 BILTON PLC COURTAULDS PLC p Ordinary shares, par .125 p Ordinary shares, par 25 p GUARDIAN ROYAL EXCHANGE PLC BLUE CIRCLE INDUSTRIES PLC COURTAULDS TEXTILES PLC Ordinary shares, par 5 p Ordinary shares, par 50 p Ordinary shares, par 25 p GUINNESS PLC BOC GROUP PLC, THE DALGETY PLC Ordinary shares, par 25 p Ordinary shares, par 25 p Ordinary shares, par £1 HALMA PLC BOOKER PLC DAWSON INTERNATIONAL PLC Ordinary shares, par 10 p Ordinary shares, par 25 p Ordinary shares, par 25 p HAMBROS PLC BOOTS COMPANY PLC DE LA RUE PLC Ordinary shares, par 20 p Ordinary shares, par 25 p Ordinary shares, par 25 p HAMMERSON PLC BOWTHORPE PLC DIPLOMA PLC Ordinary shares, par 25 p Ordinary shares, par 10 p Ordinary shares, par 5 p HANSON PLC BPB INDUSTRIES PLC DIXONS GROUP PLC Ordinary shares, par 25 p Ordinary shares, par 50 p Ordinary shares, par 10 p HARRISONS & CROSFIELD PLC BRADFORD PROPERTY TRUST PLC EAST MIDLANDS ELECTRICITY PLC Ordinary shares, par 25 p Ordinary shares, par 5 p Ordinary shares, par 50 p HEPWORTH PLC BRITISH AEROSPACE PLC EASTERN GROUP PLC Ordinary shares, par 25 p Ordinary shares, par 10 p Ordinary shares, par value 50 p HIGHLAND DISTILLERIES COMPANY BRITISH AIRWAYS PLC EDINBURGH INVESTMENT TRUST PLC Ordinary shares, par 25 p PLC, THE Ordinary shares, par 20 p BRITISH GAS PLC Ordinary shares, par 25 p HILLSDOWN HOLDINGS PLC Ordinary shares, par 25 p ELECTRA INVESTMENT TRUST PLC Ordinary shares, par 10 p BRITISH LAND COMPANY PLC Ordinary shares, par 25 HSBC HOLDINGS PLC Ordinary shares, par 25 p ELECTROCOMPONENTS PLC HK$10.00 par ordinary shares Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39583

HSBC HOLDINGS PLC NEXT PLC Ordinary Registered 25 p Ordinary shares, par 75 p Ordinary shares, par 10 p SIEBE PLC IMI PLC NFC PLC Ordinary shares, par 25 p Ordinary shares, par 25 p Ordinary shares, par 5 p SLOUGH ESTATES PLC IMPERIAL CHEMICAL INDUSTRIES NORTHERN FOODS PLC Ordinary shares, par 25 p PLC Ordinary shares, par 25 p SMITH & NEPHEW PLC Ordinary shares, par £1 PEARSON PLC Ordinary shares, par 10 p INCHCAPE PLC Ordinary shares, par 25 p SMITH (W.H.) GROUP PLC Ordinary shares, par 25 p PENINSULAR & ORIENTAL STEAM A Ordinary, par 50 p INVESCO PLC NAVIGATION SMITHKLINE BEECHAM PLC Ordinary shares, par 25 p Defer Unit £1 A Ordinary, par 12.5 p J SAINSBURY PLC PILKINGTON PLC SMITHS INDUSTRIES PLC Ordinary shares, par 25 p Ordinary shares, par 50 p Ordinary shares, par 25 p JOHNSON MATTHEY PLC POWERGEN PLC SOUTHERN ELECTRIC PLC Ordinary shares, par £1 Ordinary shares, par 50 p Ordinary shares, par 53 p KINGFISHER PLC PREMIER FARNELL PLC SPIRAX-SARCO ENGINEERING PLC Ordinary shares, par 25 p Ordinary shares, par 5 p Ordinary shares, par 25 p KWIK SAVE GROUP PLC PROVIDENT FINANCIAL PLC STANDARD CHARTERED PLC Ordinary shares, par 10 p Ordinary shares, par 10 p Ordinary shares, par 25 p LADBROKE GROUP PLC PRUDENTIAL CORPORATION PLC STOREHOUSE PLC Ordinary shares, par 10 p Ordinary shares, par 5 p Ordinary shares, par 10 p LAING (JOHN) PLC RACAL ELECTRONICS PLC SUN ALLIANCE GROUP PLC Ordinary shares, par 25 p Ordinary shares, par value 25 p Ordinary shares, par 25 p LAING (JOHN) PLC RANK ORGANISATION PLC T & N PLC A Ordinary Non-voting 25 p Ordinary shares, par 10 p Ordinary shares, par 1 LAND SECURITIES PLC RECKITT & COLMAN PLC T.I. GROUP PLC Ordinary shares, par £1 Ordinary shares, par 10 p Ordinary shares, par 25 p LAPORTE PLC REDLAND PLC TARMAC PLC Ordinary shares, par 50 p Ordinary shares, par 25 p Ordinary shares, par 50 p LASMO PLC REED INTERNATIONAL PLC TATE & LYLE PLC Ordinary shares, par 25 p Ordinary shares, par 25 p Ordinary shares, par 25 p RENTOKIL GROUP PLC LEGAL & GENERAL GROUP PLC TAYLOR WOODROW PLC Ordinary shares, par 2 p Ordinary shares, par 25 p Ordinary shares, par 25 p REUTERS HOLDINGS PLC LLOYDS ABBEY LIFE PLC TELEWEST COMMUNICATIONS PLC B Ordinary, par 2.5 p Ordinary shares, par 5 p REXAM PLC Ordinary shares, par 10 p LLOYDS BANK PLC Ordinary shares, par 50 p TESCO PLC Ordinary shares, par 25 p RMC GROUP PLC Ordinary shares, par 5 p LONDON ELECTRICITY PLC Ordinary shares, par 25 p THAMES WATER PLC Ordinary shares, par 50 p ROLLS-ROYCE PLC Ordinary shares, par 1 LONRHO PLC Ordinary shares, par 20 p THORN EMI PLC Ordinary shares, par 25 p ROYAL BANK OF SCOTLAND GROUP Ordinary shares, par 25 p LUCAS INDUSTRIES PLC PLC TOMKINS PLC Ordinary shares, par 25 p Ordinary shares, par 25 p Ordinary shares, par 5 p M & G GROUP PLC ROYAL INSURANCE HOLDINGS PLC TR CITY OF LONDON TRUST PLC Ordinary shares, par 25 p Ordinary shares, par 25 p Ordinary shares, par 25 p MARKS AND SPENCER PLC RTZ CORPORATION PLC TR SMALLER COMPANIES Ordinary shares, par 25 p Ordinary shares, par 10 p INVESTMENT TRUST MARLEY PLC RUGBY GROUP PLC, THE Ordinary shares, par 25 p Ordinary shares, par 25 p Ordinary shares, par 25 p TSB GROUP PLC MCKECHNIE PLC SCAPA GROUP PLC Ordinary shares, par value 25 p Ordinary shares, par 25 p Ordinary shares, par 25 p UNIGATE PLC MEPC PLC SCHRODERS PLC Ordinary shares, par 25 p Ordinary shares, par 25 p Ordinary shares, par £1 UNILEVER PLC MERCHANTS TRUST PLC, THE SCHRODERS PLC Ordinary shares, par 5 p Ordinary shares, par 25 p Non-voting Ordinary shares, par £1 UNITED BISCUITS (HOLDINGS) PLC MERCURY ASSET MANAGEMENT SCOTTISH & NEWCASTLE PLC Ordinary shares, par 25 p GROUP PLC Ordinary shares, par 20 p UNITED NEWS & MEDIA PLC Ordinary shares, par 5 p SCOTTISH HYDRO-ELECTRIC PLC Ordinary shares, par 25 p MEYER INTERNATIONAL PLC Ordinary shares, par 50 p UNITED UTILITIES PLC Ordinary shares, par 25 p SCOTTISH POWER PLC Ordinary shares, par 1 MORGAN CRUCIBLE COMPANY PLC, Ordinary shares, par 50 p VAUX GROUP PLC THE SEARS PLC Ordinary shares, par 10 p Ordinary shares, par 25 p Ordinary shares, par 25 p VENDOME LUXURY GROUP PLC NATIONAL GRID GROUP PLC SEDGWICK GROUP PLC Ordinary shares, par 10 p Ordinary shares, par 50 p Ordinary shares, par 10 p VICKERS PLC NATIONAL POWER PLC SEVERN TRENT PLC Ordinary shares, par 50 p Ordinary shares, par 50 p Ordinary shares, par £1 VODAFONE GROUP PLC NATIONAL WESTMINSTER BANK PLC SHELL TRANSPORT & TRADING Ordinary shares, par 5 p Ordinary shares, par £1 COMPANY, THE WHITBREAD PLC 39584 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

A Ordinary, par 25 p date of the instructions to Piper Kit 763– DEPARTMENT OF STATE WILLIAM BAIRD PLC 917. Ordinary shares, par 50 p 22 CFR Part 131 EFFECTIVE DATE: July 16, 1996. WILLIAMS HOLDINGS PLC [Public Notice 2413] Ordinary shares, par 25 p FOR FURTHER INFORMATION CONTACT: WILLIS CORROON GROUP PLC Christina Marsh, Aerospace Engineer, Bureau of Administration; Certificates Ordinary shares, par 12.5 p FAA, Atlanta Aircraft Certification of Authentication WILSON (CONNOLLY) HOLDINGS PLC Office, Campus Building, 1701 AGENCY: Department of State. Ordinary shares, par 25 p Columbia Avenue, suite 2–160, College WITAN INVESTMENT COMPANY PLC Park, Georgia 30337–2748; telephone ACTION: Final rule. Ordinary shares, par 25 p (404) 305–7362; facsimile (404) 305– WOLSELEY PLC SUMMARY: This rule amends Department 7348. Ordinary shares, par 25 p of State regulations on issuance of YORKSHIRE ELECTRICITY GROUP SUPPLEMENTARY INFORMATION: On May certificates of authentication to provide PLC 30, 1996, the Federal Aviation for Assistant Authentication Officers, in Ordinary shares, par .5682 p Administration (FAA) issued AD 96– addition to the Authentication Officer ZENECA GROUP PLC 12–12, Amendment 39–9654 (61 FR and Acting Authentication Officer, to Ordinary shares, par 25 p 28733, June 6, 1996), which applies to authenticate documents on behalf of the By order of the Board of Governors of Piper Models PA31, PA31–300, PA31– Secretary of State. the Federal Reserve System, acting by 325, and PA31–350 airplanes. This AD EFFECTIVE DATES: July 31, 1996. its Director of the Division of Banking requires repetitively inspecting the FOR FURTHER INFORMATION CONTACT: K.E. Supervision and Regulation pursuant to upper section of the Fuselage Station Malmborg, Attorney Adviser, Officer of delegated authority (12 CFR (FS) 317.75 bulkhead for cracks, and the Legal Adviser, Department of State, 265.7(f)(10)), July 23, 1996. incorporating one of two reinforcement 22d and C Street N.W., Washington D.C. William W. Wiles, kits depending on whether cracks are 20520, Telephone (202) 647–5154. Secretary of the Board. found in the FS 317.75 bulkhead area. SUPPLEMENTARY INFORMATION: 22 CFR [FR Doc. 96–19163 Filed 7–29–96; 8:45 am] part 131 was issued in 1957. At that Need for the Correction BILLING CODE 6210±01±P time, the volume of authentications of legal documents for use outside the Paragraph (a)(2) of the AD incorrectly United States and of foreign legal references the date for the instructions documents for use within the United DEPARTMENT OF TRANSPORTATION to Piper Kit 763–917 as ‘‘revised June States was such that the Department of 18, 1980’’ instead of ‘‘revised June 18, Federal Aviation Administration State Authentication Officer, or Acting 1990.’’ Affected individuals who try to Authentication Officer, could perform 14 CFR Part 39 obtain these instructions as currently the authentication function. The volume referenced would not be able to because of such authentications is now such [Docket No. 90±CE±60±AD; Amendment 39± (as referenced as June 18, 1980) the 9654; AD 96±12±12] that, even with the entry into force for instructions do not exist. the United States of the Convention RIN 2120±AA64 Correction of Publication abolishing the requirement of legalisation for foreign public Airworthiness Directives; The New documents of October 5, 1961 (33 UST Piper Aircraft, Inc. (Formerly Piper Accordingly, the publication of June 883), it is no longer practical for a single Aircraft Corporation) Models PA31, 6, 1996 (61 FR 28732), of Amendment officer to perform this function. In order PA31±300, PA31±325, and PA31±350 39–9654; AD 96–12–12, which was the to enable the Department to respond Airplanes; Correction subject of FR Doc. 96–14174, is corrected as follows: more effectively to the needs of the AGENCY: Federal Aviation public, this rule provides for additional Administration, DOT. Section 39.13 [Corrected] officers to exercise authority to ACTION: Final rule; correction. On page 28733, in the third column, authenticate documents. This rule relates to internal agency section 39.13, paragraph (a) (2) of the SUMMARY: This action makes a management. Therefore, pursuant to 5 AD, the 13th line from the top of the correction to Airworthiness Directive USC 553, notice of proposed rulemaking (AD) 96–12–12, which was published in column, correct ‘‘revised June 18, 1980’’ and opportunity for comment are not the Federal Register on June 6, 1996 (61 to ‘‘revised June 18, 1990.’’ required, and this rule may be made FR 28733), and concerns The New Piper Action is taken herein to correct this effective less than 30-days after Aircraft, Inc. Models PA31, PA31–300, reference in AD 96–12–12 and to add publication in the Federal Register. PA31–325, and PA31–350 airplanes. this AD correction to section 39.13 of Further, since this rule relates to That publication incorrectly references the Federal Aviation Regulations (14 internal agency management, it is the date for the instructions to Piper Kit CFR 39.13). The effective date remains exempt from the provisions of Executive 763–917 as ‘‘revised June 18, 1980’’ July 16, 1996. Orders 12778 and 12866. Also, this rule instead of ‘‘revised June 18, 1990.’’ The is not a major rule and will not cause Issued in Kansas City, Missouri on July 22, AD currently requires repetitively a significant economic impact or other 1996. inspecting the upper section of the substantial effect on small entities. Fuselage Station (FS) 317.75 bulkhead Michael Gallagher, Therefore, the requirements of the for cracks, and incorporating one of two Manager, Small Airplane Directorate, Aircraft Regulatory Flexibility Act, 5 USC 601 et reinforcement kits depending on Certification Service. seq., do not apply. Nor does the rule whether cracks are found in the FS [FR Doc. 96–19277 Filed 7–29–96; 8:45 am] impose unfunded mandates requiring 317.75 bulkhead area. This action BILLING CODE 4910±13±U analysis under the Unfunded Mandates corrects the AD to reflect the correct Reform Act. Because this is a rule of Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39585 agency organization, it is not required to Agency, 301 4th Street, SW., beyond the duration of participation are be submitted to the Congress and the Washington, DC 20547; Telephone, not permitted under this category. General Accounting Officer under the (202) 619–4979. [FR Doc. 96–19271 Filed 7–29–96; 8:45 am] Small Business Regulatory Enforcement SUPPLEMENTARY INFORMATION: On June BILLING CODE 8230±01±M Fairness Act of 1996; however, it is 10, 1996 the Agency adopted a final rule anticipated that having additional governing eligibility for Exchange authentication officers will expedite the Visitor Program participation as a DEPARTMENT OF COMMERCE processing of authentication requests by professor or research scholar. This final small entities. rule, which amended § 514.20 of the Patent and Trademark Office List of Subjects in 22 CFR Part 131 Exchange Visitor Program regulations, limits program participation as a 37 CFR Part 1 Seals and insignia. professor or research scholar to [Docket No. 960417113±6186±02] Accordingly, under the authority of 5 nonimmigrant aliens who have not been USC 301 and 553 and 22 USC 2651a, physically present in the United States, RIN 0651±AA82 § 131.1 is revised to read as follows: in J visa status, for all or part of the Revision of Patent Fees for Fiscal Year twelve month period preceding their The Authentication Officer, Acting 1997 Authentication Officer, or any Assistant entry into the United States as a Authentication Officer designated by either professor or research scholar AGENCY: Patent and Trademark Office, of the former officers may, and is hereby participant. Commerce. authorized to, sign and issue certificates of An exception to this rule was ACTION: Notice of final rulemaking. authentication under the seal of the provided to nonimmigrant aliens Department of State for and in the name of SUMMARY: The Patent and Trademark the Secretary of State or the Acting Secretary present in the United States for less than six months or whose presence in the Office (PTO) is amending the rules of of State. The form of authentication shall be practice in patent cases to adjust certain as follows: United States was pursuant to program In testimony whereof, I, participation as a short-term scholar. patent fee amounts to reflect llllllllll, Secretary of State have Accordingly, both to facilitate use of the fluctuations in the Consumer Price hereunto caused the seal of the Department short-term scholar category and to Index (CPI) and to recover costs of of State to be affixed and my name conform the period of program duration operation. subscribed by the Authentication Officer, of the short-term scholar category to the EFFECTIVE DATE: October 1, 1996. Acting Authentication Officer, or an exception permitted by § 514.20(d), the FOR FURTHER INFORMATION CONTACT: Assistant Authentication Officer, of the said Robert Harris by telephone at (703) 305– Department, atllll. in llllll, this Agency hereby extends the period of llll day of llllllll 19lll program duration for this category from 8510, fax at (703) 305–8525, e-mail at lllllllllllllllllllll four months to six months. [email protected], or by mail marked to his attention and addressed to the U.S. (Secretary of State) List of Subjects in 22 CFR Part 514 By lllllllllllllllllll Patent and Trademark Office, Office of Planning and Evaluation, Crystal Park 1, (llllllllll Authentication Cultural exchange programs. Officer, Department of State) Dated: July 24, 1996. Suite 1107, Washington, DC 20231. (22 U.S.C. 2651a) Les Jin, SUPPLEMENTARY INFORMATION: This rule change is designed to adjust PTO fees in Dated: July 12, 1996. General Counsel. Patrick F. Kennedy, accordance with the applicable Accordingly, 22 CFR part 514 is provisions of title 35, United States Assistant Secretary for Administration. amended as follows: Code; and section 10101 of the Omnibus [FR Doc. 96–18988 Filed 7–29–96; 8:45 am] Budget Reconciliation Act of 1990 (as BILLING CODE 4710±24±M PART 514ÐEXCHANGE VISITOR amended by section 8001 of Public Law PROGRAM 103–66), all as amended by the Patent 1. The authority citation for part 514 and Trademark Office Authorization Act UNITED STATES INFORMATION continues to read as follows: of 1991 (Public Law 102–204). AGENCY Authority: 8 U.S.C. 1101(a)(15)(J), 1182, Background 22 CFR Part 514 1258; 22 U.S.C. 1431–1442, 2451–2460; Reorganization Plan No. 2 of 1977, 42 FR Statutory Provisions Exchange Visitor Program 62461, 3 CFR, 1977 Comp. p. 200; E.O. Patent fees are authorized by 35 12048, 43 FR 13361, 3 CFR 1978 Comp. p. U.S.C. 41 and 35 U.S.C. 376, A fifty AGENCY: United States Information 168; USIA Delegation Order No. 85–5 (50 FR percent reduction in the fees paid under Agency. 27393.) 35 U.S.C. 41(a) and (b) by independent ACTION: Final rule. 2. Section 514.21 is amended by inventors, small business concerns, and revising paragraph (g) to read as follows: nonprofit organizations who meet SUMMARY: To facilitate use of the short- prescribed definitions is required by 35 term scholar category for the purpose of § 514.21 Short-term scholars. U.S.C. 41(h). participation in the Exchange Visitor * * * * * Subsection 41(f) of title 35, United Program, the Agency is extending the (g) Duration of participation. The States Code, provides that fees permitted period of program short-term scholar shall be authorized to established under 35 U.S.C. 41(a) and participation as a short-term scholar participate in the Exchange Visitor (b) may be adjusted on October 1, 1992, from four months to six months. Program for the length of time necessary and every year thereafter, to reflect EFFECTIVE DATE: This rule is effective to complete the program, which time fluctuations in the Consumer Price July 30, 1996. shall not exceed six months. Programs Index (CPI) over the precious 12 FOR FURTHER INFORMATION CONTACT: under this section are exempted from months. Stanley S. Colvin, Assistant General § 514.8(b) governing the minimum Section 10101 of the Omnibus Budget Counsel, United States Information duration of a program. Extensions Reconciliation Act of 1990 (amended by 39586 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations section 8001 of Public Law 103–66) patent service fees that are set by statue discussion of specific sections is set provides that there shall be a surcharge will not be adjusted. The three fees that forth below. on all fees established under 35 U.S.C. are not being adjusted are assignment Discussion of Specific Rules 41(a) and (b) to collect $115 million in recording fees, printed patent copy fees fiscal year 1997. and photocopy charge fees. 37 CFR 1.16 National Application Subsection 41(d) of title 35, United The final fee amounts were rounded Filing Fees States Code, authorizes the by applying standard arithmetic rules so Section 1.16, paragraphs (a), (b), (d), Commissioner to establish fees for all that the amounts rounded would be and (f) through (i), is revised to adjust other processing, services, or materials convenient to the user. Fees of $100 or fees established therein to reflect related to patents to recover the average more were rounded to the nearest $10. fluctuations in the CPI. Further, section cost of providing these services or Fees between $2 and $99 were rounded 1.16, is revised to remove the materials, except for the fees for to an even number so that any undesignated text following paragraph recording a document affecting title, for comparable small entity fee would be a (d), and add a new paragraph (k) each photocopy, and for each black and whole number. including the provisions of such deleted white copy of a patent. Section 376 of title 35, United States Workload Projections undesignated text. In addition, § 1.16(k) Code, authorizes the Commissioner to Determination of workloads varies by is also applicable to any additional fees set fees for patent applications filed fee. Principal workload projection required by §§ 1.16 (i) and (j). under the patent Cooperation Treaty techniques are as follows: 37 CFR 1.17 Patent Application (PCT). Patent application workloads are Procession Fees Subsection 41(g) of title 35, United projected from statistical regression States Code, provides that new fee models using recent application filing Section 1.17, paragraphs (b) through amounts established by the trends. Patent issues are projected from (g), (m), (r) and (s), is revised to adjust Commissioner under section 41 may an in-house patent production model fees established therein to reflect take effect thirty days after notice in the and reflect examiner production fluctuations in the CPI. Section 1.17, paragraphs (j) and (n) Federal Register and the Official achievements and goals. Patent through (p), is revised to adjust fees Gazette of the Patent and Trademark maintenance fee workloads utilize established therein to recover costs. Office. patents issued 3.5, 7.5 and 11.5 years prior to payment and assume payment 37 CFR 1.18 Patent Issue Fees Recovery Level Determinations rates of 79 percent, 55 percent and 32 Section 1.18, paragraphs (a) through This rule adjusts patent fees for a percent, respectively. Service fee (c), is revised to adjust fees established planned recovery of $716,723,000 in workloads follow linear trends from therein to reflect fluctuations in the CPI. fiscal year 1997, as proposed in the prior years’ activities. Administration’s budget request to the 37 CFR 1.20 Post-Issuance Fees General Procedures Congress. Section 1.20, paragraphs (c), (i), and The patent statutory fees established Any fee amount that is paid on or (j), is revised to adjust fees established by 35 U.S.C. 41(a) and (b) will be after the effective date of the fee therein to recover costs. adjusted on October 1, 1996, to reflect increase would be subject to the new Section 1.20, paragraphs (e) through any fluctuations occurring during the fees then in effect. For purposes of (g), is revised to adjust fees established previous 12 months in the Consumer determining the amount of the fee to be therein to reflect fluctuations in the CPI. Price Index for all urban consumers paid, the date of mailing indicated on a (CPI–U). In calculating these proper Certificate of Mailing or 37 CFR 1.21 Miscellaneous Fees and fluctuations, the Office of Management Transmission, where authorized under Charges and Budget (OMB) has determined that 37 CFR 1.8, will be considered to be the Section 1.21, paragraph (a)(1), is the PTO should use CPI–U data as date of receipt in the PTO. A Certificate revised to establish a non-refundable determined by the Secretary of Labor. of Mailing or Transmission under applications fee which reflects the costs However, the Department of Labor does Section 1.8 is not proper for items of processing an application for the not make public the CPI–U until which are specifically excluded from registration examination. Currently, the approximately 21 days after the end of the provisions of Section 1.8 Section 1.8 PTO evaluates and processes the the month being calculated. Therefore, should be consulted for those items for applications of individuals who do not the latest CPI–U information available is which a Certificate of Mailing or qualify for admission or those who for the month of June 1996. In Transmission is not proper. Such items withdraw from the examination, but accordance with previous rulemaking include, inter alia, the filing of national generally refunds the examination fee to methodology, the PTO uses the and international applications for such applicants. Thus, other fee payers Administration’s projected CPI–U for patents and the filing of trademark bear the costs of this evaluation and the 12-month period ending September applications. However, the provisions of processing. This amendment will shift 30, 1996, which is 3.1 percent. Based on 37 CFR 1.10 relating to filing papers and the expense of evaluating applications this projection, patent statutory fees will fees with an ‘‘Express Mail’’ certificate to all applicants. In order to offset the be adjusted by 3.1 percent. Before the do apply to any paper or fee (including application fee, the examination fee will final fee schedule is published, the fees patent and trademark applications) to be be slightly decreased. may be adjusted slightly based on filed in the PTO. If an application or fee Section 1.21, paragraph (a)(3) and updated available from the Department is filed by ‘‘Express Mail’’ with a proper (a)(6), is revised to adjust fees of Labor. certificate dated on or after the effective established therein to recover costs. Certain non-statutory patent date of the rules, as amended, the processing fees established under 35 amount of the fee to be paid would be 37 CFR 1.445 International U.S.C. 41(d) and PCT processing fees the fee established by the amended Application Filing, Processing, and established under 35 U.S.C. 376 will be rules. Search Fees adjusted to recover their estimated In order to ensure clarity in the Section 1.445, paragraph (a), is average costs in fiscal year 1996. Three implementation of the new fees, a revised to adjust the fees authorized by Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39587

35 U.S.C. 376 to recover costs and Order 12866. The PTO has determined to contain, a multiple dependent reflect current business practices. that this rule change has no Federalism claim(s), per application: implications affecting the relationship By a small entity (§ 1.9(f))—$130.00 37 CFR 1.482 International between the National Government and By other than a small entity—$260.00 Preliminary Examination Fees the States as outlined in Executive * * * * * Section 1.482, paragraphs (a)(1)(i), Order 12612. (f) Basic fee for filing each design (a)(1)(ii), and (a)(2)(ii), is revised to The Assistant General Counsel for application adjust the fees authorized by 35 U.S.C. Legislation and Regulation of the By a small entity (§ 1.9(f))—$160.00 376 to recover costs. Department of Commerce has certified By other than a small entity—$320.00 37 CFR 1.492 National Stage Fees to the Chief Counsel for Advocacy, (g) Basic fee for filing each plant Small Business Administration, that the application, except provisional Section 1.492, paragraphs (a), (b) and rule change will not have a significant applications: (d), is revised to adjust fees established impact on a substantial number of small By a small entity (§ 1.9(f))—$265.00 therein to reflect fluctuations in the CPI. entities (Regulatory Flexibility Act, 5 By other than a small entity—$530.00 Response to Comments on the Rules U.S.C. 605(b)). The rule change (h) Basic fee for filing each reissue increases fees to reflect the change in application: A notice of proposed rulemaking to the CPI as authorized by 35 U.S.C. 41(f). By a small entity (§ 1.9(f))—$385.00 adjust patent fee amounts was Further, the principal impact of the By other than a small entity—$770.00 published in the Federal Register on major patent fees has already been taken (i) In addition to the basic filing fee in May 1, 1996, at 61 FR 19224 and the into account in 35 U.S.C. 41(h), which a reissue application, for filing or Office Gazette of the United States provides small entities with a 50- later presentation of each Patent and Trademark Office on May 7, percent reduction in the major patent independent claim which is in 1996, at 1186 OG 14. fees. excess of the number of A public hearing was held on June 5, A comparison of existing and new fee independent claims in the original 1996. Two comments were received and amounts is included as an Appendix to patent: considered in adopting the rules set this notice of final rulemaking. By a small entity (§ 1.9(f))—$40.00 forth herein. No oral testimony was By other than a small entity—$80.00 presented. Lists of Subjects in 37 CFR Part 1 * * * * * Comment: One respondent stated that Administrative practice and (m) If the additional fees required by the PTO should not adjust patent fee procedure, Inventions and patents, paragraphs (b), (c), (d), (i) and (j) of amounts using the U.S. Department of Reporting and recordkeeping this section are not paid on filing or Labor’s Consumer Price Index (CPI). The requirements, Small businesses. on later presentation of the claims respondent stated that the CPI does not for which the additional fees are reflect a true or accurate index of For the reasons set forth in the preamble, the PTO is amending title 37 due, they must be paid or the increasing consumer prices. claims must be canceled by Response: The PTO is required by law of the Code of Federal Regulations, part 1, as set forth below. amendment, prior to the expiration to base its inflationary fee increases on of the time period set for rely by the fluctuations in the CPI over the 12 PART 1ÐRULES OF PRACTICE IN Office in any notice of fee months prior to the effective date of the PATENT CASES deficiency. fee increase. However, if the Department * * * * * of Labor modifies the definition or 1. The authority citation for 37 CFR 3. Section 1.17 is amended by revising changes the method of calculating the part 1 continues to read as follows: paragraphs (b) through (g), (j), (m) Consumer Price Index for all urban Authority: 35 U.S.C. 6, unless otherwise through (p), (r), and (s) to read as consumers (CPI-U), which is the version noted. follows: of the CPI that OMB has determined the PTO should use, future PTO inflationary 2. Section 1.16 is amended by revising § 1.17 Patent application processing fees. fee increases could be based on the paragraphs (a), (b), (d), (f) through (i), and adding a new paragraph (m) before * * * * * revised index. (b) Extension fee for response within the note to read as follows: Comment: One respondent stated that second month pursuant to the patent extension fees set in 37 CFR § 1.16 National application filing fees. § 1.136(a): 1.17 (a) through (d) should be reduced By a small entity (§ 1.9(f))—$195.00 by at least 50 percent for patent (a) Basic fee for filing each application for an original patent, except By other than a small entity—$390.00 applications filed on or after June 8, (c) Extension fee for response within 1995. provisional, design or plant applications: third month pursuant to § 1.136(a): Response: Patent extension fees were By a small entity (§ 1.9(f))—$465.00 By a small entity (§ 1.9(f))—$385.00 set in statute by Congress in 1982 with By other than a small entity—$930.00 By other than a small entity—$770.00 the enactment of Public Law 97–247. (d) Extension fee for response within The PTO does not have the authority to (b) In addition to the basic filing fee in fourth month pursuant to § 1.136(a): offer a 50 percent discount for all patent an original application, except By a small entity (§ 1.9(f))—$735.00 applications filed on or after June 8, provisional applications, for filing By other than a small entity— 1995. or later presentation of each $1,470.00 independent claim in excess of 3: (e) For filing a notice of appeal from the Other Considerations By a small entity (§ 1.9(f))—$40.00 examiner to the Board of Patent This rulemaking contains no By other than a small entity—$80.00 Appeals and Interferences: information collection within the * * * * * By a small entity (§ 1.9(f))—$150.00 meaning of the Paperwork Reduction (d) In addition to the basic filing fee in By other than a small entity—$300.00 Act of 1995, 44 U.S.C. 3501 et seq. This an original application, except (f) In addition to the fee for filing a rule has been determined to be not provisional applications, if the notice of appeal, for filing a brief in significant for purposes of Executive application contains, or is amended support of an appeal: 39588 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

By a small entity (§ 1.9(f))—$150.00 § 1.20 Post issuance fees. Practice and Procedure)—$225.00 By other than a small entity—$300.00 * * * * * (ii) Regrading of afternoon section (g) For filing a request for an oral (c) For filing a request for reexamination (Claim Drafting)—$530.00 hearing before the Board of Patent (§ 1.510(a))—$2,460.00 * * * * * Appeals and Interferences in an * * * * * 7. Section 1.445 is amended by appeal under 35 U.S.C. 134: (e) For maintaining an original or revising paragraph (a) to read as follows: By a small entity (§ 1.9(f))—$130.00 reissue patent, except a design or By other than a small entity—$260.00 § 1.445 International application filing, plant patent, based on an processing and search fees. * * * * * application filed on or after (j) For filing a petition to institute a December 12, 1980, in force beyond (a) The following fees and charges for public use proceeding under four years; the fee is due by three international applications are § 1.292—$1,470.00 years and six months after the established by the Commissioner under the authority of 35 U.S.C. * * * * * original grant: 376: (m) For filing a petition: By a small entity (§ 1.9(f))—$510.00 (1) A transmittal fee (see 35 U.S.C. (1) For revival of an unintentionally By other than a small entity— $1,020.00 361(d) and PCT Rule 14)—$230.00 abandoned application, or (2) A search fee (see 35 U.S.C. 361(d) (2) For the unintentionally delayed (f) For maintaining an original or reissue patent, except a design or plant and PCT Rule 16): payment of the fee for issuing a (i) Where a corresponding prior patent: patent, based on an application filed on or after December 12, 1980, United States National application By a small entity (§ 1.9(f))—$645.00 filed under 35 U.S.C. 111(a) with By other than a small entity— in force beyond eight years; the fee the filing fee under 37 CFR 1.16(a) $1,290.00 is due by seven years and six has been filed—$440.00 (n) For requesting publication of a months after the original grant: (ii) For all situations not provided for statutory invention registration By a small entity (§ 1.9(f))—$1,025.00 By other than a small entity— in (a)(2)(i) of this section—$680.00 prior to the mailing of the first (3) A supplemental search fee when examiner’s action pursuant to $2,050.00 (g) For maintaining an original or required, per additional invention— § 1.104—$900.00 reduced by the $200.00 amount of the application basic reissue patent, except a design or filing fee paid. plant patent, based on an * * * * * (o) For requesting publication of a application filed on or after 8. Section 1.482 is amended by statutory invention registration after December 12, 1980, in force beyond revising paragraph (a)(1)(i), (a)(1)(ii), the mailing of the first examiner’s twelve years; the fee is due by and (a)(2)(ii) to read as follows: action pursuant to § 1.104— eleven years and six months after § 1.482 International preliminary $1,790.00 reduced by the amount of the original grant: examination fees. By a small entity (§ 1.9(f))—$1,540.00 the application basic filing fee paid. (a) * * * By other than a small entity— (p) For submission of an information (1) * * * $3,080.00 disclosure statement under (i) Where an international search fee § 1.97(c)—$230.00 * * * * * as set forth in § 1.445(a)(2) has been * * * * * (i) * * * paid on the international (r) For entry of a submission after final (1) Unavoidable—$680.00 application to the United States rejection under § 1.129(a): (2) Unintentional—$1,600.00 Patent and Trademark Office as an By a small entity (§ 1.9(f))—$385.00 (j) * * * International Searching Authority, a (1) Application for extension under By other than a small entity—$770.00 preliminary examination fee of— § 1.740—$1,090.00 (s) For each additional invention $480.00 (2) Initial application for interim requested to be examined under (ii) Where the International Searching extension under § 1.790—$410.00 § 1.129(b): Authority for the international (3) Subsequent application for interim By a small entity (§ 1.9(f))—$385.00 application was an authority other extension under § 1.790—$210.00 By other than a small entity—$770.00 than the United States Patent and 4. Section 1.18 is revised to read as 6. Section 1.21 is amended by revising Trademark Office, a preliminary follows: paragraphs (a)(1), (a)(3), and (a)(6) to examination fee of—$730.00 read as follows: (2) * * * § 1.18 Patent issue fees. § 1.21 Miscellaneous fees and charges. (ii) Where an International Search (a) Issue fee for issuing each original or Authority for the international * * * * * reissue patent, except a design or application was an authority other (a) * * * plant patent: than the United States Patent and By a small entity (§ 1.9(f))—$645.00 (1) For administration to examination Trademark Office—$260.00 By other than a small entity— for registration to practice: (i) Application Fee (non-refundable)— * * * * * $1,290.00 9. Section 1.492 is amended by (b) Issue fee for issuing a design patent: $40.00 (ii) Registration examination fee— revising paragraphs (a), (b), and (d) to By a small entity (§ 1.9(f))—$220.00 read as follows: By other than a small entity—$440.00 $300.00 (c) Issue fee for issuing a plant patent: * * * * * § 1.492 National stage fees. By a small entity (§ 1.9(f))—$325.00 (3) For reinstatement to practice— * * * * * By other than a small entity—$650.00 $40.00 (a) The basic national fee: 5. Section 1.20 is amended by revising * * * * * (1) Where an international preliminary paragraphs (c), (e) through (g), (i)(1), (6) For requesting regrading of an examination fee as set forth in (i)(2), and (j)(1) through (j)(3) to read as examination under § 10.7(c): § 1.482 has been paid on the follows: (i) Regrading of morning section (PTO international application to the Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39589

United States Patent and Trademark United States Patent and Trademark By a small entity (§ 1.9(f))—$455.00 Office: Office: But other than a small entity— By a small entity (§ 1.9(f))—$350.00 By a small entity (§ 1.9(f))—$520.00 $910.00 By other than a small entity—$700.00 But other than a small entity— (b) In addition to the basic national fee, (2) Where no international preliminary $1,040.00 for filing or later presentation of (4) Where an international preliminary examination fee as set forth in each independent claim in excess of examination fee as set forth in § 1.482 has been paid to the United 3: § 1.482 has been paid to the United States Patent and Trademark Office, By a small entity (§ 1.9(f))—$40.00 States Patent and Trademark Office but an international search fee as But other than a small entity—$80.00 and the international preliminary set forth in § 1.445(a)(2) has been * * * * * examination report states that the paid on the international (d) In addition to the basic national fee, criteria of novelty, inventive step application to the United States if the application contains, or is (non-obviousness), and industrial Patent and Trademark Office as an amended to contain, a multiple applicability, as defined in PCT International Searching Authority: dependent claim(s), per application: Article 33 (1) to (4) have been By a small entity (§ 1.9(f))—$385.00 satisfied for all the claims presented By a small entity (§ 1.9(f))—$130.00 But other than a small entity— in the application entering the By other than a small entity—$260.00 $770.00 national stage (see § 1.496(b)): * * * * * (3) Where no international preliminary By a small entity (§ 1.9(f))—$48.00 Dated: July 24, 1996. examination fee as set forth in But other than a small entity—$96.00 Bruce A. Lehman, § 1.482 has been paid and no (5) Where a search report on the Assistant Secretary of Commerce and international search fee as set forth international application has been Commissioner of Patents and Trademarks. in § 1.445(a)(2) has been paid on the prepared by the European Patent Note: The following appendix will not international application to the Office or the Japanese Patent Office: appear in the Code of Federal Regulations.

Appendix A—Comparison of Existing and Revised Fee Amounts

Pre-Oct Oct 37 CFR Sec. Description 1996 1996

1.16(a) ...... Basic Filing Fee ...... $750 $770 1.16(a) ...... Basic Filing Fee (Small Entity) ...... 375 385 1.16(b) ...... Independent Claims ...... 78 80 1.16(b) ...... Independent Claims (Small Entity) ...... 39 40 1.16(c) ...... Claims in Excess of 20 ...... 22 Ð 1.16(c) ...... Claims in Excess of 20 (Small Entity) ...... 11 Ð 1.16(d) ...... Multiple Dependent Claims ...... 250 260 1.16(d) ...... Multiple Dependent Claims (Small Entity) ...... 125 130 1.16(e) ...... SurchargeÐLate Filing Fee ...... 130 Ð 1.16(e) ...... SurchargeÐLate Filing Fee (Small Entity) ...... 65 Ð 1.16(f) ...... Design Filing Fee ...... 310 320 1.16(f) ...... Design Filing Fee (Small Entity) ...... 155 160 1.16(g) ...... Plant Filing Fee ...... 510 530 1.16(g) ...... Plant Filing Fee (Small Entity) ...... 255 265 1.16(h) ...... Reissue Filing Fee ...... 750 770 1.16(h) ...... Reissue Filing Fee (Small Entity) ...... 375 385 1.16(i) ...... Reissue Independent Claims ...... 78 80 1.16(i) ...... Reissue Independent Claims (Small Entity) ...... 39 40 1.16(j) ...... Reissue Claims In Excess of 20 ...... 22 Ð 1.16(j) ...... Reissue Claims in Excess of 20 (Small Entity) ...... 11 Ð 1.16(k) ...... Provisional Application Filing Fee ...... 150 Ð 1.16(k) ...... Provisional Application Filing Fee (Small Entity) ...... 75 Ð 1.16(l) ...... SurchargeÐIncomplete Provisional App. Filed ...... 50 Ð 1.16(l) ...... SurchargeÐIncomplete Provisional App. Filed (Small Entity) ...... 25 Ð 1.17(a) ...... ExtensionÐFirst Month ...... 110 Ð 1.17(a) ...... ExtensionÐFirst Month (Small Entity) ...... 55 Ð 1.17(b) ...... ExtensionÐSecond Month ...... 380 390 1.17(b) ...... ExtensionÐSecond Month (Small Entity) ...... 190 195 1.17(c) ...... ExtensionÐThird Month ...... 900 930 1.17(c) ...... ExtensionÐThird Month (Small Entity) ...... 450 465 1.17(d) ...... ExtensionÐFourth Month ...... 1,400 1,470 1.17(d) ...... ExtensionÐFourth Month (Small Entity) ...... 700 735 1.17(e) ...... Notice of Appeal ...... 290 300 1.17(e) ...... Notice of Appeal (Small Entity) ...... 145 150 1.17(f) ...... Filing a Brief ...... 290 300 1.17(f) ...... Filing a Brief (Small Entity) ...... 145 150 1.17(g) ...... Request for Oral Hearing ...... 250 260 1.17(g) ...... Request for Oral Hearing (Small Entity) ...... 125 130 1.17(h) ...... PetitionÐNot All Inventors ...... 130 Ð 1.17(h) ...... PetitionÐCorrection of Inventorship ...... 130 Ð 1.17(h) ...... PetitionÐDecision on Questions ...... 130 Ð 1.17(h) ...... PetitionÐSuspend Rules ...... 130 Ð 1.17(h) ...... PetitionÐExpedited License ...... 130 Ð 1.17(h) ...... PetitionÐScope of License ...... 130 Ð 39590 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Pre-Oct Oct 37 CFR Sec. Description 1996 1996

1.17(h) ...... PetitionÐRetroactive License ...... 130 Ð 1.17(h) ...... PetitionÐRefusing Maintenance Fee ...... 130 Ð 1.17(h) ...... PetitionÐRefusing Maintenance FeeÐExpired Patent ...... 130 Ð 1.17(h) ...... PetitionÐInterference ...... 130 Ð 1.17(h) ...... PetitionÐReconsider Interference ...... 130 Ð 1.17(h) ...... PetitionÐLate Filing of Interference ...... 130 Ð 1.20(b) ...... PetitionÐCorrection of Inventorship ...... 130 Ð 1.17(h) ...... PetitionÐRefusal to Publish SIR ...... 130 Ð 1.17(i) ...... PetitionÐFor Assignment ...... 130 Ð 1.17(i) ...... PetitionÐFor Application ...... 130 Ð 1.17(i) ...... PetitionÐLate Priority Papers ...... 130 Ð 1.17(i) ...... PetitionÐSuspend Action ...... 130 Ð 1.17(i) ...... PetitionÐDivisional Reissues to Issue Separately ...... 130 Ð 1.17(i) ...... PetitionÐFor Interference Agreement ...... 130 Ð 1.17(i) ...... PetitionÐAmendment After Issue ...... 130 Ð 1.17(i) ...... PetitionÐWithdrawal After Issue ...... 130 Ð 1.17(i) ...... PetitionÐDefer Issue ...... 130 Ð 1.17(i) ...... PetitionÐIssue to Assignee ...... 130 Ð 1.17(i) ...... PetitionÐAccord a Filing Date Under § 1.53 ...... 130 Ð 1.17(i) ...... PetitionÐAccord a Filing Date Under § 1.62 ...... 130 Ð 1.17(i) ...... PetitionÐMake Application Special ...... 130 Ð 1.17(j) ...... PetitionÐPublic Use Proceeding ...... 1,430 1,470 1.17(k) ...... Non-English Specification ...... 130 Ð 1.17(l) ...... PetitionÐRevive Abandoned Appl ...... 110 Ð 1.17(l) ...... PetitionÐRevive Abandoned Appl. (Small Entity) ...... 55 Ð 1.17(m) ...... PetitionÐRevive Unintentionally Abandoned Appl ...... 1,250 1,290 1.17(m) ...... PetitionÐRevive Unintent Abandoned Appl. (Small Entity) ...... 625 645 1.17(n) ...... SIRÐPrior to Examiner's Action ...... 870 900 1.17(o) ...... SIRÐAfter Examiner's Action ...... 1,740 1,790 1.17(p) ...... Submission of an Information Disclosure Statement (§ 1.97) ...... 220 230 1.17(q) ...... PetitionÐCorrection of Inventorship (Prov. App.) ...... 50 Ð 1.17(q) ...... PetitionÐAccord a filing date (Prov. App.) ...... 50 Ð 1.17(q) ...... PetitionÐEntry of submission after final rejection (Prov. App.) ...... 50 Ð 1.17(r) ...... Filing a submission after final rejection (1.129(a)) ...... 750 770 1.17(r) ...... Filing a submission after final rejection (1.129(a)) (Small Entity ...... 375 385 1.17(s) ...... Per add'l invention to be examined (1.129(b)) ...... 730 770 1.17(s) ...... Per add'l invention to be examined (1.129(b)) (Small Entity) ...... 375 385 1.18(a) ...... Issue Fee ...... 1,250 1,290 1.18(a) ...... Issue Fee (Small Entity) ...... 625 645 1.18(b) ...... Design Issue Fee ...... 430 440 1.18(b) ...... Design Issue Fee (Small Entity) ...... 215 220 1.18(c) ...... Plant Issue Fee ...... 630 650 1.18(c) ...... Plant Issue Fee (Small Entity) ...... 315 325 1.19(a)(1)(i) ...... Copy of Patent ...... 3 Ð 1.19(a)(1)(ii) ...... Patent CopyÐOvernight delivery to PTO Box or overnight fax ...... 6 Ð 1.19(a)(1)(iii) ...... Patent Copy Ordered by Expedited Mail or FaxÐExp. service ...... 25 Ð 1.19(a)(2) ...... Plant Patent Copy ...... 12 Ð 1.19(a)(3)(i) ...... Copy of Utility Patent or SIR in Color ...... 24 Ð 1.19(b)(1)(i) ...... Certified Copy of Patent Application as Filed ...... 15 Ð 1.19(b)(1)(ii) ...... Certified Copy of Patent Application as Filed, Expedited ...... 30 Ð 1.19(b)(2) ...... Cert or Uncert Copy of Patent-Related File Wrapper/Contents ...... 150 Ð 1.19(b)(3) ...... Cert. or Uncert. Copies of Office Records, per Document ...... 25 Ð 1.19(b)(4) ...... For Assignment Records, Abstract of Title and Certification ...... 25 Ð 1.19(c) ...... Library Service ...... 50 Ð 1.19(d) ...... List of Patents in Subclass ...... 3 Ð 1.19(e) ...... Uncertified Statement-Status of Maintenance Fee Payment ...... 10 Ð 1.19(f) ...... Copy of Non-U.S. Patent Document ...... 25 Ð 1.19(g) ...... Comparing and Certifying Copies, Per Document, Per Copy ...... 25 Ð 1.19(h) ...... Duplicate or Corrected Filing Receipt ...... 25 Ð 1.20(a) ...... Certificate of Correction ...... 100 Ð 1.20(c) ...... Reexamination ...... 2,390 2,460 1.20(d) ...... Statutory Disclaimer ...... 110 Ð 1.20(d) ...... Statutory Disclaimer (Small Entity) ...... 55 Ð 1.20(e) ...... Maintenance FeeÐ3.5 Years ...... 990 1,020 1.20(e) ...... Maintenance FeeÐ3.5 Years (Small Entity) ...... 495 510 1.20(f) ...... Maintenance FeeÐ7.5 Years ...... 1,990 2,050 1.20(f) ...... Maintenance FeeÐ7.5 Years (Small Entity) ...... 995 1,025 1.20(g) ...... Maintenance FeeÐ11.5 Years ...... 2,990 3,080 1.20(g) ...... Maintenance FeeÐ11.5 Years (Small (Entity) ...... 1,495 1,540 1.20(h) ...... SurchargeÐMaintenance FeeÐ6 Months ...... 130 Ð 1.20(h) ...... SurchargeÐMaintenance FeeÐ6 Months (Small Entity) ...... 65 Ð 1.20(i)(1) ...... SurchargeÐMaintenance After ExpirationÐUnavoidable ...... 660 680 1.20(i)(2) ...... SurchargeÐMaintenance After ExpirationÐUnintentional ...... 1,550 1,600 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39591

Pre-Oct Oct 37 CFR Sec. Description 1996 1996

1.20(j)(1) ...... Extension of Term of Patent Under 1.740 ...... 1,060 1,090 1.20(j)(2) ...... Initial Application for Interim Extension Under 1.790 ...... 400 410 1.20(j)(3) ...... Subsequent Application for Interim Extension Under 1.790 ...... 200 210 1.21(a)(1)(i) ...... Application Fee (non-refundable) ...... Ð 40 1.21(a)(1)(ii) ...... Registration examination fee ...... 310 300 1.21(a)(2) ...... Registration to Practice ...... 100 Ð 1.21(a)(3) ...... Reinstatement to Practice ...... 15 40 1.21(a)(4) ...... Certificate of Good Standing ...... 10 Ð 1.21(a)(4) ...... Certificate of Good Standing, Suitable Framing ...... 20 Ð 1.21(a)(5) ...... Review of Decision of Director, OED ...... 130 Ð 1.21(a)(6)(i) ...... Regrading of P.M. section (Claim Drafting) ...... 130 225 1.21(a)(6)(ii) ...... Regarding of A.M. section (PTO Practice and Procedure) ...... 130 530 1.21(b)(1) ...... Establish Deposit Account ...... 10 Ð 1.21(b)(2) ...... Service Charge Below Minimum Balance ...... 25 Ð 1.21(b)(3) ...... Service Charge Below Minimum Balance ...... 25 Ð 1.21(c) ...... Filing a Disclosure Document ...... 10 Ð 1.21(d) ...... Box Rental ...... 50 Ð 1.21(e) ...... International Type Search Report ...... 40 Ð 1.21(g) ...... Self-Service Copy Charge ...... 25 Ð 1.21(h) ...... Recording Patent Property ...... 40 Ð 1.21(i) ...... Publication in the OG ...... 25 Ð 1.21(j) ...... Labor Charges for Services ...... 30 Ð 1.21(k) ...... Unspecified Other Services ...... Actual Ð Cost 1.21(k) ...... Terminal Use APS±CSIR (per hour) ...... 50 Ð 1.21(l) ...... Retaining abandoned application ...... 130 Ð 1.21(m) ...... Processing Returned Checks ...... 50 Ð 1.21(n) ...... Handling FeeÐIncomplete Application ...... 130 Ð 1.21(o) ...... Terminal Use APSÐTEXT ...... 40 Ð 1.24 ...... Coupons for Patent and Trademark Copies ...... 3 Ð 1.296 ...... Handling FeeÐWithdrawal SIR ...... 130 Ð 1.445(a)(1) ...... Transmittal Fee ...... 220 230 1.445(a)(2)(i) ..... PCT Search FeeÐPrior U.S. Application ...... 430 440 1.445(a)(2)(ii) ..... PCT Search FeeÐNo U.S. Application ...... 660 680 1.445(a)(3) ...... Supplemental Search ...... 190 200 1.482(a)(1)(i) ..... Preliminary Exam Fee ...... 470 480 1.482(a)(1)(ii) ..... Preliminary Exam Fee ...... 710 730 1.482(a)(2)(i) ..... Additional Invention ...... 140 Ð 1.482(a)(2)(ii) ..... Additional Invention ...... 250 260 1.492(a)(1) ...... Preliminary Examining Authority ...... 680 700 1.492(a)(1) ...... Preliminary Examining Authority (Small Entity) ...... 340 350 1.492(a)(2) ...... Searching Authority ...... 750 770 1.492(a)(2) ...... Searching Authority (Small Entity) ...... 375 385 1.492(a)(3) ...... PTO Not ISA nor IPEA ...... 1,010 1,040 1.492(a)(3) ...... PTO Not ISA nor IPEA (Small Entity) ...... 505 520 1.492(a)(4) ...... ClaimsÐIPEA ...... 94 96 1.492(a)(4) ...... ClaimsÐIPEA (Small Entity) ...... 47 48 1.492(a)(5) ...... Filing with EPO/JPO Search Report ...... 880 910 1.492(a)(5) ...... Filing with EPO/JPO Search Report (Small Entity) ...... 440 455 1.492(b) ...... ClaimsÐExtra Individual (Over 3) ...... 78 80 1.492(b) ...... ClaimsÐExtra Individual (Over 3) (Small Entity) ...... 39 40 1.492(c) ...... ClaimsÐExtra Total (Over 20) ...... 22 Ð 1.492(c) ...... ClaimsÐExtra Total (Over 20) (Small Entity) ...... 11 Ð 1.492(d) ...... ClaimsÐMultiple Dependents ...... 250 260 1.492(d) ...... ClaimsÐMultiple Dependents (Small Entity) ...... 125 130 1.492(e) ...... Surchage ...... 130 Ð 1.492(e) ...... Surchage (Small Entity) ...... 65 Ð 1.492(f) ...... English TranslationÐAfter 20 Months ...... 130 Ð 2.6(a)(1) ...... Application for Registration, Per Class ...... 245 Ð 2.6(a)(2) ...... Amendment to Allege Use, Per Class ...... 100 Ð 2.6(a)(3) ...... Statement of use, Per Class ...... 100 Ð 2.6(a)(4) ...... Extension for Filing Statement of Use, Per Class ...... 100 Ð 2.6(a)(5) ...... Application for Renewal, Per Class ...... 300 Ð 2.6(a)(6) ...... Surcharge for Late Renewal, Per Class ...... 100 Ð 2.6(a)(7) ...... Publication of Mark Under § 12(c), Per Class ...... 100 Ð 2.6(a)(8) ...... Issuing New Certificate of Registration ...... 100 Ð 2.6(a)(9) ...... Certificate of Correction of Registrant's Error ...... 100 Ð 2.6(a)(10) ...... Filing Disclaimer to Registration ...... 100 Ð 2.6(a)(11) ...... Filing Amendment to Registration ...... 100 Ð 2.6(a)(12) ...... Filing Affidavit Under Section 8, Per Class ...... 100 Ð 2.6(a)(13) ...... Filing Affidavit Under Section 15, Per Class ...... 100 Ð 2.6(a)(14) ...... Filing Affidavit Under Sections 8 & 15, Per Class ...... 200 Ð 2.6(a)(15) ...... Petitions to the Commissioner ...... 100 Ð 39592 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Pre-Oct Oct 37 CFR Sec. Description 1996 1996

2.6(a)(16) ...... Petition to Cancel, Per Class ...... 200 Ð 2.6(a)(17) ...... Notice of Opposition, Per Class ...... 200 Ð 2.6(a)(18) ...... Ex Parte Appeal to the TTAB, Per Class ...... 100 Ð 2.6(a)(19) ...... Dividing an Application, Per New Application Created ...... 100 Ð 2.6(b)(1)(i) ...... Copy of Registered Mark ...... 3 Ð 2.6(b)(1)(ii) ...... Copy of Registered Mark, overnight delivery to PTO box or fax ...... 6 Ð 2.6(b)(1)(iii) ...... Copy of Reg. Mark Ordered Via Exp. Mail or Fax, Exp. Svc...... 25 Ð 2.6(b)(2)(i) ...... Certified Copy of TM Application as Filed ...... 15 Ð 2.6(b)(2)(ii) ...... Certified Copy of TM Application as Filed, Expedited ...... 30 Ð 2.6(b)(3) ...... Cert. or Uncert. Copy of TM-Related File Wrapper/Contents ...... 50 Ð 2.6(b)(4)(i) ...... Cert. Copy of Registered Mark, Title or Status ...... 10 Ð 2.6(b)(4)(ii) ...... Cert. Copy of Registered Mark, Title or StatusÐExpedited ...... 20 Ð 2.6(b)(5) ...... Certified or Uncertified Copy of TM Records ...... 25 Ð 2.6(b)(6) ...... Recording Trademark Property, Per Mark, Per Document ...... 40 Ð 2.6(b)(6) ...... For Second and Subsequent Marks in Same Document ...... 25 Ð 2.6(b)(7) ...... For Assignment Records, Abstracts of Title and Cert...... 25 Ð 2.6(b)(8) ...... Terminal Use X±SEARCH ...... 40 Ð 2.6(b)(9) ...... Self-Service Copy Charge ...... 0.25 Ð 2.6(b)(10) ...... Labor Charges for Services ...... 30 Ð 2.6(b)(11) ...... Unspecified Other Services ...... Actual Ð Cost Ð These fees are not affected by this rulemaking. [FR Doc. 96–19309 Filed 7–29–96; 8:45 am] BILLING CODE 3510±16±M

POSTAL SERVICE Kennedy Airport in New York. incorporated by reference in the Code of Customers within 500 miles of that Federal Regulations. See 39 CFR 20.1. 39 CFR Part 20 facility have their packages picked up List of Subjects in 39 CFR Part 20 by the Postal Service for transport to the Amendment to International Package JFK facility for processing. Customers Consignment Service to Japan, International postal service, Foreign more than 500 miles from the JFK relations. Canada, and the U.K. facility have been required to transport AGENCY: Postal Service. their packages to the JFK facility or PART 20Ð[AMENDED] perform some of the processing of the ACTION: Amendment to interim rule 1. The authority citation for 39 CFR with request for comments. packages themselves. In order to further meet the needs of customers more than part 20 continues to read as follows: SUMMARY: The Postal Service is 500 miles from the JFK facility, the Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, amending the interim rule on Postal Service is opening additional 404, 407, 408. International Package Consignment processing sites near the Dallas-Fort Service (IPCS) to add additional IPCS Worth International Airport, and in 2. Effective July 1, 1996, subchapter processing facilities and to limit Chicago, Miami, San Francisco, and 620 of the International Mail Manual, availability of customer processing. Seattle. The Dallas International Service Issue 16, is amended as follows: DATES: The interim regulations take Center will open on July 1, 1996. Within 6 SPECIAL PROGRAMS the next three months, the Postal effect at 12:01 a.m. on July 1, 1996. * * * * * Comments must be received on or Service will open the additional before August 30, 1996. facilities in Chicago, Miami, San 620 International Package Francisco, and Seattle. The actual ADDRESSES: Written comments should Consignment Service opening dates will be published in the be mailed or delivered to International * * * * * Postal Bulletin. Business Unit, U.S. Postal Service, 475 Accordingly, the Postal Service 626 IPCS to Japan L’Enfant Plaza SW, Room EB–4400, hereby adopts this amendment to the * * * * * Washington, DC 20260–6500. Copies of interim rule for IPCS to Japan, Canada, all written comments will be available and the U.K. Although 39 U.S.C. 407 626.12 IPCS Processing for public inspection and photocopying does not require advance notice and between 9 a.m. and 4 p.m., Monday opportunity for submission of All IPCS packages processed by the through Friday, at the above address. comments, and the Postal Service is Postal Service are processed at a FOR FURTHER INFORMATION CONTACT: exempted by 39 U.S.C. 410(a) from the designated IPCS processing facility. Frank Richards, (202) 268–5743. advance notice requirements of the 626.13 Delivery Options SUPPLEMENTARY INFORMATION: Administrative Procedure Act regarding International Package Consignment proposed rulemaking (5 U.S.C. 553), the * * * * * Service is a service that assists mail Postal Service invites interested persons 626.132 Standard Air Service order companies and other customers to submit written data, views, or that send merchandise to Japan, Canada, arguments concerning the interim rule. Packages sent as Standard Air Service and the United Kingdom (U.K.). The Postal Service adopts the are transported by air to Japan, where Presently, the Postal Service has one following amendments to the they enter Japan Post’s domestic airmail IPCS processing facility at John F. International Mail Manual, which is system for delivery. The mailer can Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39593 track Standard Air Service packages information transmitted by the mailer, currently operates IPCS processing through dispatch from the designated and affixes the forms to the packages. If facilities at JFK International Airport IPCS processing facility or the the packages are processed at the and near the Dallas-Fort Worth appropriate International Exchange mailer’s plant on Postal Service- International Airport. Additional IPCS Office facility. provided workstations, those processing centers will include Chicago, workstations print the necessary forms 626.133 Economy Air Service Miami, Seattle, and San Francisco. that the mailer normally affixes to the Packages sent as Economy Air Service packages. During the interim period Processing and Acceptance are transported by air to Japan, where (maximum 60 days) in which the Postal More Than 500 Miles From an IPCS they enter Japan Post’s domestic surface Service and the mailer are establishing Processing Facility system for delivery. The mailer can the information system linkages to track Economy Air Service packages enable the Postal Service to accomplish Option 2: Customers more than 500 through dispatch from the designated this, the mailer must affix the miles from an IPCS Processing Facility IPCS Processing Facility. appropriate customs forms to the may process the packages using Postal 626.2 Acceptance packages, as follows: Service provided workstations and sort and prepare the packages as required by 626.21 Within 500 Miles of an IPCS a. Express Service Processing Facility Form 2976–A, Customs Declaration the Postal Service. The Postal Service and Dispatch Note. verifies and accepts the packages at the If the plant at which the mailer’s customer’s plant according to a packages originate is located within 500 b. Standard Air Service schedule agreed upon by the Postal miles of an IPCS processing facility, the Form 2976–A, Customs Declaration Service and the customer, and the Postal Postal Service will verify and accept the and Dispatch Note with Form 2976–E Service transports the packages to a packages at the plant and transport them (envelope). designated IPCS Processing Facility for to the processing facility according to a dispatch. schedule agreed upon by the Postal c. Economy Air Service Service and the mailer. Under $400—Form 2976, Customs 4. Effective July 1, 1996, the Labels; $400 and over—2976–A, Individual Country Listing for Great 626.22 More than 500 Miles from an Britain and Northern Ireland in the IPCS Processing Facility Customs Declaration and Dispatch Note. International Mail Manual is amended 626.221 Drop Shipment to an IPCS 626.8 [Formerly 628] Preparation by adding the regulations concerning Processing Facility Requirements International Package Consignment If the mailer’s plant from which the 626.81 Express Service Service processing facilities. IPCS packages will originate is located 626.811 Processing at an IPCS Processing Facilities more than 500 miles from an IPCS Processing Facility processing facility, the mailer may IPCS packages sent to the United Every package sent through Express present the packages to the Postal Kingdom are processed at a designated Service for verification at the plant and Service must bear a label identifying it as an Express Service package. The IPCS processing facility. The Postal transport them as a drop shipment to an Service currently operates IPCS IPCS Processing Facility according to a mailer is not normally required to affix this label when such packages are processing facilities at JFK International schedule agreed upon by the Postal Airport and near the Dallas-Fort Worth Service and the mailer. processed at an IPCS Processing Facility. In this case, the Postal Service International Airport. Additional IPCS 626.222 Customer Processing prints the necessary label and affixes it processing centers will include Chicago, If the plant at which the mailer’s IPCS to the Express Service package. During Miami, Seattle, and San Francisco. packages originate is more than 500 the interim period in which the Postal Processing and Acceptance miles from an IPCS processing facility Service and the mailer are establishing the mailer may process the packages the information systems linkages to More Than 500 Miles for an IPCS using Postal Service-provided enable the Postal Service to accomplish Processing Facility, Option Two workstations and sort and prepare the this, the mailer is required to affix to For customers more than 500 miles packages as required by the Postal every Express Service package Label Service. The Postal Service verifies and 11–B, Express Mail Post Office to from an IPCS Processing Facility may accepts the packages at the mailer’s Addressee, or an alternative label as process the packages using Postal plant according to a schedule agreed directed by the Postal Service. Service provided workstations and sort upon by the Postal Service and the * * * * * and prepare the packages as required by mailer, and transports the packages to a 3. Effective July 1, 1996, the the Postal Service. The Postal Service designated IPCS Processing Facility for Individual Country Listing for Canada verifies and accepts the packages at the dispatch. in the International Mail Manual is customer’s plant according to a * * * * * amended by adding the regulations schedule agreed upon by the Postal concerning International Package Service and the customer, and the Postal 626.7 [Formerly 627] Customs Forms Consignment Service processing Service transports the packages to a Required facilities: designated IPCS Processing Facility for The mailer is not normally required to International Package Consignment dispatch. affix customs forms to IPCS packages Service Stanley F. Mires, sent to Japan if the packages are Chief Counsel, Legislative. processed at an IPCS Processing Processing Facilities [FR Doc. 96–19242 Filed 7–29–96; 8:45 am] Facility. In such cases, the Postal IPCS packages sent to Canada are Service prints the necessary customs processed at a designated IPCS BILLING CODE 7710±12±P forms, based on the package-specific processing facility. The Postal Service 39594 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

ENVIRONMENTAL PROTECTION Environmental Protection Agency, clarity, EPA notes that the PADEP’s AGENCY Region 3, 841 Chestnut Building, general permit program codified under Philadelphia, Pennsylvania, 19107, Subchapter H of the Pennsylvania 40 CFR Part 52 (215) 566–2063. regulations is intended only to [PA065±4026a; FRL±5535±2] SUPPLEMENTARY INFORMATION: On May supplement, but not replace, the 18, 1995, the Pennsylvania Department PADEP’s existing plan approval and Approval and Promulgation of Air of Environmental Protection (PADEP) operating permit programs codified Quality Implementation Plans; submitted to EPA for review and under Subchapters B and F, Pennsylvania; General Operating approval a revision to its State respectively, of the Pennsylvania Permit and Plan Approval Program Implementation Plan (SIP) designed to regulations. AGENCY: Environmental Protection create federally enforceable limits on a EPA Evaluation source’s potential to emit. The submittal Agency (EPA). On June 28, 1989 (54 FR 27274) EPA supplements the Commonwealth’s ACTION: Direct final rule. published criteria for approving and existing plan approval and State incorporating into the SIP regulatory SUMMARY: EPA is approving a State operating permit programs, codified in programs for the issuance of federally Implementation Plan (SIP) revision Subchapters B and F, respectively, and enforceable state operating permits. submitted by the Commonwealth of consists of regulations establishing a Permits issued pursuant to an operating Pennsylvania which amends 25 Pa. general State operating permit program permit program meeting these criteria Code Chapter 127 to include a new and a general plan approval program, and approved into the SIP are Subchapter H entitled ‘‘General Plan codified in Chapter 127, Subchapter H considered federally enforceable. EPA Approvals and Operating Permits.’’ The of the Pennsylvania Code. In a March 7, has encouraged States to consider intended effect of this action is to enable 1996 Federal Register notice, EPA developing such programs in Pennsylvania to create Federally proposed approval of Pennsylvania’s conjunction with Title V operating enforceable general State operating operating permit and plan approval permit programs for the purpose of permit and general plan approval programs codified in Subchapters F and creating federally enforceable limits on conditions for sources of criteria B, respectively, of Pennsylvania’s air a source’s potential to emit. This pollutants pursuant to Section 110 of quality regulations. See 61 FR 9125. mechanism would enable sources to the Clean Air Act (the ‘‘Act’’). In order However, in that notice, EPA did not reduce their potential to emit of criteria to extend the Federal enforceability of specifically propose approval of the pollutants to below the Title V general State operating permits and Pennsylvania general operating permit applicability thresholds and avoid being general plan approvals to include and general plan approval program subject to Title V. (See the guidance hazardous air pollutants (HAPs), EPA is provisions codified in Subchapter H of document entitled, ‘‘Limitation of also approving Pennsylvania’s general Pennsylvania’s air quality regulations. Potential to Emit with Respect to Title plan approval and general operating Therefore, EPA is approving V Applicability Thresholds,’’ dated permits program regulations pursuant to Pennsylvania’s general permit programs, September 18, 1992, from John Calcagni, section 112(l) of the Act. under Subchapter H, with this separate Director of EPA’s Air Quality EFFECTIVE DATE: This final rule is rulemaking action. Management Division). effective September 30, 1996 unless Summary of SIP Revision As part of this action, EPA is notice is received on or before August approving Pennsylvania’s general plan 29, 1996 that adverse or critical Pennsylvania’s general FESOP and approval (i.e., construction permit) and comments will be submitted. If the general plan approval program general operating permit programs effective date is delayed, timely notice regulations were adopted and became pursuant to Section 112(l) of the Clean will be published in the Federal effective in the Commonwealth on Air Act for the purpose of allowing the Register. November 26, 1994. The general Commonwealth to issue general plan ADDRESSES: Comments may be mailed to operating permit and general plan approvals and general operating permits David Arnold, Chief, Permit Programs approval program regulations are which limit source’s potential to emit Section, Mailcode 3AT23, U.S. codified under Chapter 127, Subchapter hazardous air pollutants (HAPs). Environmental Protection Agency, H of the Commonwealth’s air quality Section 112(l) of the Clean Air Act Region III, 841 Chestnut Building, regulations. EPA found the SIP provides the underlying authority for Philadelphia, Pennsylvania 19107. submittal complete on May 31, 1995. controlling emissions of HAPs. Copies of the documents relevant to this Pennsylvania’s proposed SIP revision Therefore, in order to extend federal action are available for public submitted to EPA on May 18, 1995 will enforceability of the Commonwealth’s inspection during normal business strengthen the Pennsylvania SIP by general operating permit and general hours at the Air, Radiation, and Toxics establishing a comprehensive general plan approval programs to include Division, U.S. Environmental Protection operating permit and general plan HAPs, EPA is today approving Agency, Region III, 841 Chestnut approval (i.e., construction permit) Pennsylvania’s general plan approval Building, Philadelphia, Pennsylvania program. Pennsylvania refers to new and general operating permit programs 19107; the Air and Radiation Docket source review construction permits as pursuant to Section 112(l) of the Act. and Information Center, U.S. ‘‘plan approvals.’’ Section 121.1 of the Limiting a source’s potential to emit Environmental Protection Agency, 401 Pennsylvania air quality regulations to below major source thresholds M Street, SW, Washington, DC 20460; defines general plan approvals and through the use of federally enforceable and Pennsylvania Department of general operating permits as plan terms and conditions in a general State Environmental Protection, Rachel approvals and operating permits that are operating permit or general plan Carson State Office Building, P.O. Box issued for a category of stationary air approval exempts such a source from 8468, Harrisburg, Pennsylvania 17105– contamination sources that are similar Title V permitting requirements. 8468. in nature and that can be adequately General State operating permit programs FOR FURTHER INFORMATION CONTACT: regulated using standardized which have been incorporated into the Michael H. Markowski, 3AT23, U.S. specifications and conditions. For SIP renders general operating permits Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39595 issued pursuant to such a program as the Act which requires all SIPs to Pennsylvania general operating permit federally enforceable, and the program provide for the regulation of the and general plan approval programs itself is referred to as a federally modification and construction of any pursuant to Section 112(l) of the Act. enforceable State operating permit stationary source within the areas The criteria used by EPA for the program, or ‘‘FESOP’’ program. This covered by the plan implementation as original SIP approval of Pennsylvania’s FESOP mechanism will allow sources to necessary to assure that national plan approval program are located in 40 reduce their potential to emit to below ambient air quality standards (NAAQS) CFR 51.160–164. EPA believes that the the Title V applicability thresholds and are achieved. Pennsylvania’s plan PADEP’s existing plan approval avoid being subject to Title V. Similarly, approval regulations under Subchapter program under Subchapter B meets the general construction permit (i.e., plan B were originally approved by EPA into requirements of 40 CFR 51.160 through approval) programs which have been the SIP on May 31, 1972 (37 FR 10842) 51.164. incorporated into the SIP renders for the purpose of meeting the Section EPA has determined that the five general construction permits, or, in 110(a)(2)(C) requirement. approval criteria for approving FESOP Pennsylvania’s case, general plan EPA notes that Pennsylvania had programs into the SIP, as specified in approvals, issued pursuant to such a previously submitted, on February 10, the June 28, 1989 Federal Register program as federally enforceable. 1994, its new source review (NSR) notice referenced above, are also construction permit program for review appropriate for evaluating and A. Federal Criteria for Approval of and approval, for the purpose of making approving the programs under Section Pennsylvania’s General FESOP and the program consistent with the Clean 112(l). The June 28, 1989 notice does General Plan Approval Programs Air Act Amendments of 1990. EPA is not address HAPs because it was written Pursuant to Section 110 of the Act reviewing this program submittal and prior to the 1990 amendments to The five criteria for approving a State will take the appropriate approval/ Section 112 of the Act. Hence, the operating permit program into a SIP disapproval action at a later date. EPA following five criteria are applicable to were set forth in the June 28, 1989 has reviewed the proposed changes and FESOP approvals under Section 112(l): Federal Register document (54 FR additions to Pennsylvania’s plan (1) The program must be submitted to 27282). Permits issued under an approval program which are the subject and approved by EPA; (2) the program approved program are federally of this rulemaking action and has must impose a legal obligation on the enforceable and may be used to limit the determined that they meet all applicable operating permit holders to comply with potential to emit of sources of criteria federal requirements for approval. the terms and conditions of the permit, air pollutants. Pennsylvania’s general and permits that do not conform with FESOP provisions of Subchapter H, B. Approval of Pennsylvania’s General the June 28, 1989 criteria shall be Chapter 127 meet the June 28, 1989 Plan Approval and General FESOP deemed not federally enforceable; (3) criteria by ensuring that the limits will Programs Under Section 112(l) the program must contain terms and be permanent, quantifiable, and On May 18, 1995, PADEP requested conditions that are at least as stringent practically enforceable and by providing approval of Pennsylvania’s general as any requirements contained in the adequate notice and comment to both FESOP and general plan approval SIP or enforceable under the SIP or any EPA and the public. Please refer to the programs under Section 112 of the Act other Section 112 or other Clean Air Act Technical Support Document for a for the purpose of creating federally standard or requirement; (4) permits thorough analysis of the June 28, 1989 enforceable limitations on the potential issued under the program must contain criteria as applied to Pennsylvania’s to emit of HAPs. As described above, conditions that are permanent, general FESOP program. the Commonwealth’s plan approval quantifiable, and enforceable as a EPA is approving pursuant to Section program regulations were initially practical matter; and (5) permits issued 110 of the Act and the approval criteria approved by EPA and incorporated into under the program must be subject to specified in the June 28, 1989 Federal the Pennsylvania SIP on May 31, 1972. public participation. Please refer to the Register document the following EPA is today approving and Technical Support Document for a regulations that were submitted to make incorporating into the SIP thorough analysis of how general operating permits and general Pennsylvania’s general operating permit Pennsylvania’s general operating plan approvals federally enforceable: and general plan approval program permits program satisfies each of the Subchapter H, Chapter 127, Sections regulations submitted on May 18, 1995. five approval criteria. Since the State’s 127.601 through 127.622, inclusive. EPA approval of the Commonwealth’s general operating permits program As described above, Pennsylvania general plan approval and general meets the five program approval criteria also submitted on May 18, 1995 for EPA FESOP programs under Section 112(l) of for both criteria and hazardous air approval revisions to its minor new the Act is necessary to extend pollutants, the program may be used to source review construction permit (i.e., Pennsylvania’s authority under Section limit the potential to emit of both plan approval) program. Pennsylvania’s 110 of the Act to include authority to criteria and hazardous air pollutants. new source review construction permit create federally enforceable limits on In addition to meeting the criteria is called a ‘‘plan approval.’’ These the potential to emit of HAPs. EPA’s discussed above, Pennsylvania’s general proposed revisions to the Pennsylvania approval of Pennsylvania’s general plan approval and general operating SIP establish a comprehensive general FESOP and plan approval programs permits programs for limiting potential plan approval program under Chapter pursuant to Section 110 of the Act to emit of HAPs must meet the statutory 127, Subchapter H of the provides a mechanism only for criteria for approval under Section Commonwealth’s air quality regulations controlling criteria air pollutants which 112(l)(5) of the Act. This section allows designed to supplement the does not extend to HAPs. Only Section EPA to approve a program only if it: (1) Commonwealth’s existing plan approval 112 of the Act provides the underlying contains adequate authority to assure program codified under Chapter 127, authority for States to limit potential to compliance with any Section 112 Subchapter B. The Commonwealth’s emit of HAPs in federally enforceable standard or requirement; (2) provides plan approval program has been part of general State operating permits and for adequate resources; (3) provides for its SIP for many years and meets the general construction permits. This an expeditious schedule for assuring requirements in Section 110(a)(2)(C) of necessitates EPA approval of the compliance with Section 112 39596 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations requirements; and (4) is otherwise likely meet applicable approval criteria approve the SIP revision should adverse to satisfy the objectives of the Act. specified in the June 28, 1989 Federal or critical comments be filed. This The EPA plans to codify the approval Register document and in Section action will be effective September 30, criteria for programs limiting the 112(l)(5) of the Act. Regarding the 1996 unless, by August 29, 1996, potential to emit of HAPs through statutory criteria of Section 112(l)(5) of adverse or critical comments are amendments to Subpart E of 40 CFR the Act referred to above, the EPA received. part 63, the regulations promulgated to believes Pennsylvania’s general FESOP If EPA receives such comments, this implement section 112(l) of the Act. and general plan approval programs action will be withdrawn before the (See 58 FR. 62262, November 26, 1993). contain adequate authority to assure effective date by publishing a The EPA currently anticipates that these compliance with Section 112 subsequent document that will criteria, as they apply to FESOP requirements since neither program withdraw the final action. All public programs, will mirror those set forth in provides for waiving any Section 112 comments received will then be the June 28, 1989 notice, with the requirement(s). Sources would still be addressed in a subsequent final rule addition that the State’s authority must required to meet Section 112 based on this action serving as a extend to HAPs instead of or in addition requirements applicable to non-major proposed rule. EPA will not institute a to VOC’s and PM10. The EPA currently sources. Regarding adequate resources, second comment period on this action. anticipates that FESOP programs that Pennsylvania has included in its general Any parties interested in commenting are approved pursuant to Section 112(l) FESOP and general plan approval on this action should do so at this time. prior to the planned Subpart E revisions programs provisions for collecting fees If no such comments are received, the will have had to meet these criteria, and from sources making application for public is advised that this action will be hence will not be subject to any further either a general plan approval, a general effective on September 30, 1996. approval action. operating permit, or both. Furthermore, Final Action The EPA believes it has the authority EPA believes that Pennsylvania’s under section 112(l) to approve general FESOP and general plan EPA is approving as revisions to the programs to limit potential to emit of approval programs provide for an Pennsylvania SIP changes to Chapter HAPs directly under section 112(l) prior expeditious schedule for assuring 127 of the Pennsylvania Code which to this revision to Subpart E. Section compliance because they allow a source were submitted on May 18, 1995. The 112(l)(5) requires the EPA to disapprove to establish a voluntary limit on submittal revises Pennsylvania’s programs that are inconsistent with potential to emit and avoid being existing plan approval and FESOP guidance required to be issued under subject to a federal Clean Air Act programs by adding a comprehensive section 112(l)(2). This might be read to requirement applicable on a particular general FESOP and general plan suggest that the ‘‘guidance’’ referred to date. Nothing in Pennsylvania’s general approval program under Chapter 127, in section 112(l)(2) was intended to be plan approval or general operating Subchapter H of the Commonwealth’s a binding rule. Even under this permit programs would allow a source air quality regulations. interpretation, the EPA does not believe to avoid or delay compliance with a Nothing in this action should be that section 112(l) requires this federal requirement if it fails to obtain construed as permitting or allowing or rulemaking to be comprehensive. That the appropriate federally enforceable establishing a precedent for any future is, it need not address every possible limit by the relevant deadline. Finally, request for revision to any State instance of approval under section Pennsylvania’s general FESOP and implementation plan. Each request for 112(l). The EPA has already issued general plan approval programs are revision to the State implementation regulations under section 112(l) that consistent with the objectives of the plan shall be considered separately in would satisfy any section 112(l)(2) Section 112 program because their light of specific technical, economic, requirement for rulemaking. Given the purpose is to enable sources to obtain and environmental factors and in severe timing problems posed by federally enforceable limits on potential relation to relevant statutory and impending deadlines set forth in to emit to avoid major source regulatory requirements. ‘‘maximum achievable control classification under Section 112. The Under the Regulatory Flexibility Act, technology’’ (MACT) emission EPA believes that this purpose is 5 U.S.C. 600 et seq., EPA must prepare standards under section 112 and for consistent with the overall intent of a regulatory flexibility analysis submittal of Title V permit applications, Section 112. assessing the impact of any proposed or the EPA believes it is reasonable to read EPA has concluded that the general final rule on small entities. 5 U.S.C. 603 section 112(l) to allow for approval of operating permit and general plan and 604. Alternatively, EPA may certify programs to limit potential to emit prior approval programs submitted by that the rule will not have a significant to promulgation of a rule specifically Pennsylvania meet the requirements of impact on a substantial number of small addressing this issue. The EPA is EPA’s June 28, 1989 notice and the entities. Small entities include small therefore approving Pennsylvania’s statutory requirements under section businesses, small not-for-profit general FESOP and general plan 112(l) of the Act and is therefore enterprises, and government entities approval programs now so that approving the programs. For more with jurisdiction over populations of Pennsylvania may begin to issue detailed information on the analysis of less than 50,000. federally enforceable general operating the State’s submission, please refer to SIP approvals under section 110 and permits and general plan approvals the technical support document (TSD) subchapter I, part D of the Clean Air Act limiting potential to emit as soon as included in the docket at the address do not create any new requirements but possible. This will allow Pennsylvania noted above. simply approve requirements that the to immediately begin exempting sources EPA is approving this SIP revision State is already imposing. Therefore, from Title V requirements where this is without prior proposal because the because the Federal SIP approval does possible and appropriate. Agency views this as a noncontroversial not impose any new requirements, the The EPA is approving Pennsylvania’s amendment and anticipates no adverse Administrator certifies that it does not general FESOP and general plan comments. However, in a separate have a significant impact on any small approval programs pursuant to Section document in this Federal Register entities affected. Moreover, due to the 112(l) of the Act because the programs publication, EPA is proposing to nature of the Federal-State relationship Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39597 under the Clean Air Act, preparation of Under section 307(b)(1) of the Clean § 52.2061 Operating permits. a flexibility analysis would constitute Air Act, petitions for judicial review of * * * * * Federal inquiry into the economic this action must be filed in the United (b) Emission limitations and related reasonableness of state action. The States Court of Appeals for the provisions which are established in Clean Air Act forbids EPA to base its appropriate circuit by September 30, Pennsylvania general operating permits actions concerning SIPs on such 1996. Filing a petition for as federally enforceable conditions shall grounds. Union Electric Co. v. U.S. EPA, reconsideration by the Administrator of be enforceable by EPA. EPA reserves the 427 U.S. 246, 255–66 (1976); 42 U.S.C. this final rule does not affect the finality right to deem general permit conditions 7410(a)(2). of this rule for the purposes of judicial not federally enforceable. Such a Under Section 202 of the Unfunded review nor does it extend the time determination will be made according to Mandates Reform Act of 1995 within which a petition for judicial appropriate procedures, and be based (‘‘Unfunded Mandates Act’’), signed review may be filed, and shall not upon the general permit, general permit into law on March 22, 1995, EPA must postpone the effectiveness of such rule approval procedures, or general permit prepare a budgetary impact statement to or action. This action may not be requirements which do not conform accompany any proposed or final rule challenged later in proceedings to with the general operating permit that includes a Federal mandate that enforce its requirements. (See section program requirements or the may result in estimated costs to State, 307(b)(2).) requirements of EPA’s underlying regulations. local, or tribal governments in the List of Subjects in 40 CFR Part 52 aggregate; or to the private sector, of 4. Section 52.2062 is amended by $100 million or more. Under section Environmental protection, Air adding paragraph (b) to read as follows: 205, EPA must select the most cost- pollution control, Carbon monoxide, § 52.2062 Plan approvals. effective and least burdensome Hydrocarbons, Incorporation by reference, Intergovernmental relations, * * * * * alternative that achieves the objectives (b) Emission limitations and related Nitrogen dioxide, Ozone, Particulate of the rule and is consistent with provisions which are established in matter, Reporting and recordkeeping statutory requirements. Section 203 Pennsylvania general plan approvals as requirements, Sulfur oxides. requires EPA to establish a plan for federally enforceable conditions shall be informing and advising any small Dated: June 26, 1996. enforceable by EPA. EPA reserves the governments that may be significantly Stanley L. Laskowski, right to deem general plan approval or uniquely impacted by the rule. Acting Regional Administrator, Region III. conditions not federally enforceable. EPA has determined that the approval 40 CFR part 52 is amended as follows: Such a determination will be made action promulgated does not include a according to appropriate procedures, Federal mandate that may result in PART 52Ð[AMENDED] and be based upon the general plan estimated costs of $100 million or more approval, the relevant approval to either State, local, or tribal 1. The authority citation for part 52 procedures, or plan requirements which governments in the aggregate, or to the continues to read as follows: do not conform with the general plan private sector. This Federal action Authority: 42 U.S.C. 7401–7671q. approval program requirements or the approves pre-existing requirements requirements of EPA’s underlying under State or local law, and imposes Subpart NNÐPennsylvania regulations. no new Federal requirements. Accordingly, no additional costs to 2. Section 52.2020 is amended by [FR Doc. 96–19204 Filed 7–29–96; 8:45 am] State, local, or tribal governments, or to adding paragraph (c)(111) to read as BILLING CODE 6560±50±P the private sector, result from this follows: action. § 52.2020 Identification of plan. 40 CFR Parts 52 and 70 Under section 801(a)(1)(A) of the Administrative Procedures Act (APA) as * * * * * [PA065±4025; AD±FRL±5535±3] amended by the Small Business (c) * * * Regulatory Enforcement Fairness Act of (111) Revisions to the Operating Clean Air Act Final Full Approval Of 1996, EPA submitted a report containing Permit and Plan Approval Regulations Operating Permits Program; Final this rule and other required information to add Subchapter H, ‘‘General Plan Approval of Operating Permit and Plan to the U.S. Senate, the U.S. House of Approvals and Operating Permits’’, Approval Programs Under Section Representatives and the Comptroller submitted on May 18, 1995 by the 112(l); Final Approval of State General of the General Accounting Pennsylvania Department of Implementation Plan Revision for the Office prior to publication of the rule in Environmental Resources: Issuance of Federally Enforceable today’s Federal Register. This rule is (i) Incorporation by reference. State Plan Approvals and Operating not a ‘‘major rule’’ as defined by section (A) Letter of May 15, 1995 from the Permits Under Section 110; 804(2) of the APA as amended. Pennsylvania Department of Commonwealth of Pennsylvania Environmental Resources transmitting This action has been classified as a AGENCY: Environmental Protection Table 3 action for signature by the Pennsylvania’s general plan approval Agency (EPA). and general operating permit programs. Regional Administrator under the ACTION: Final full approval of Title V (B) The following amendments to procedures published in the Federal Operating Permit Program and final Title 25, Chapter 127, effective on Register on January 19, 1989 (54 FR approval of State Operating Permit and November 26, 1994: § 127.601, 127.611, 2214–2225), as revised by a July 10, Plan Approval Programs. 1995 memorandum from Mary Nichols, 127.612, 127.621, and 127.622. Assistant Administrator for Air and (ii) Additional material. SUMMARY: The EPA is promulgating full Radiation. The Office of Management (A) Remainder of Pennsylvania’s May approval of the Operating Permits and Budget (OMB) has exempted this 18, 1995 submittal. Program submitted by the regulatory action from E.O. 12866 3. Section 52.2061 is amended by Commonwealth of Pennsylvania for the review. adding paragraph (b) to read as follows: purpose of complying with Federal 39598 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations requirements for an approvable State fully, meets the requirements of Part 70, submittals pursuant to Section 112(l) of program to issue operating permits to all EPA may grant the program interim the Act. major stationary sources, and to certain approval for a period of up to 2 years. II. Final Action and Implications other sources. EPA is also granting final If EPA has not fully approved a program approval to Pennsylvania’s Operating by 2 years after the November 15, 1993 A. Analysis of State Submission Permit and Plan Approval Programs date, or by the end of an interim The Secretary of the Department of pursuant to Section 110 of the Clean Air program, it must establish and Environmental Resources, as the Act (the ‘‘Act’’) for the purpose of implement a Federal program. designee of the Governor of the creating Federally enforceable operating On March 7, 1996, EPA proposed full Commonwealth of Pennsylvania, permit and plan approval conditions for approval of the operating permits submitted an administratively complete sources of criteria air pollutants. In program for the Commonwealth of title V Operating Permit Program for the order to extend the federal Pennsylvania. See 61 FR 9125–9132. Commonwealth of Pennsylvania on May enforceability of State operating permits EPA did not receive any public 18, 1995. The Pennsylvania program, and plan approvals to include comments on the proposal, and in this including the operating permit hazardous air pollutants (HAPs), EPA is document is taking final action to regulations (25 Pa. Code Chapter 127, also approving Pennsylvania’s plan promulgate full approval of the Subchapter G, ‘‘Title V Operating approval and operating permits program Commonwealth’s program. Permits’’) fully meets the requirements regulations pursuant to Section 112 of As part of this action, EPA is also of 40 CFR parts 70.2 and 70.3 with the Act. Today’s action also approves taking final action to approve respect to applicability; parts 70.4, 70.5, Pennsylvania’s mechanism for receiving Pennsylvania’s plan approval (i.e., and 70.6 with respect to permit content straight delegation of Section 112 construction permit) and operating including operational flexibility; part standards. permit programs pursuant to Section 70.5 with respect to complete EFFECTIVE DATE: August 29, 1996. 110 of the Act. On June 28, 1989 (54 FR application forms and criteria which ADDRESSES: Copies of the State’s 27274) EPA published criteria for define insignificant activities; part 70.7 submittal and other supporting approving and incorporating into the with respect to public participation and information used in developing this State Implementation Plan (SIP) minor permit modifications; and part final full approval are available for regulatory programs for the issuance of 70.11 with respect to requirements for public inspection during normal federally enforceable state operating enforcement authority. business hours at the Air, Radiation, permits. Permits issued pursuant to an Section 127.531 of Subchapter G and Toxics Division, U.S. operating permit program meeting these contains the acid rain provisions of the Environmental Protection Agency, criteria and approved into the SIP are Commonwealth’s Title V operating Region III, 841 Chestnut Building, considered federally enforceable. EPA permits program. EPA is aware that Philadelphia, Pennsylvania 19107; the has encouraged States to consider Pennsylvania has not directly Air and Radiation Docket and developing such programs in incorporated by reference EPA’s Title IV Information Center, U.S. Environmental conjunction with Title V operating regulations found at 40 CFR Part 72, and Protection Agency, 401 M Street, SW, permit programs for the purpose of has not adopted EPA’s model rule. Washington, DC 20460; Pennsylvania creating federally enforceable limits on However, as referenced in EPA’s March Department of Environmental a source’s potential to emit. This 7, 1996 Federal Register notice Protection, Bureau of Air Quality, mechanism enables sources to reduce proposing full approval of Rachel Carson State Office Building, 400 their potential to emit of criteria Pennsylvania’s program (61 FR 9125), Market Street, P.O. Box 8468, pollutants to below the Title V several regulatory provisions require Harrisburg, Pennsylvania 17105–8468. applicability thresholds and avoid being that Pennsylvania’s Title V program be FOR FURTHER INFORMATION CONTACT: subject to Title V. (See the guidance operated in accordance with the Michael H. Markowski, 3AT23, U.S. document entitled, ‘‘Limitation of requirements of Title IV and its Environmental Protection Agency, Potential to Emit with Respect to Title implementing regulations. Section Region 3, 841 Chestnut Building, V Applicability Thresholds,’’ dated 127.531(a) provides that the acid rain Philadelphia, Pennsylvania, 19107, September 18, 1992, from John Calcagni, provisions of that section ‘‘shall be (215) 566–2063. Director of EPA’s Air Quality interpreted in a manner consistent with Management Division). the Clean Air Act and the regulations SUPPLEMENTARY INFORMATION: Also as part of this action, EPA is thereunder.’’ Section 127.531(b) I. Background and Purpose taking final action to approve requires that affected sources submit a Pennsylvania’s plan approval (i.e., permit application and compliance plan A. Introduction construction permit) and operating ‘‘that meets the requirements of * ** Title V of the 1990 Clean Air Act permit programs pursuant to Section the Clean Air Act and the regulations Amendments (sections 501–507 of the 112(l) of the Clean Air Act for the thereunder.’’ Further, the § 121.1 Clean Air Act), and implementing purpose of allowing the Commonwealth definition of ‘‘applicable requirements’’ regulations at 40 Code of Federal to issue plan approvals and operating for Title V sources includes standards or Regulations (CFR) Part 70 require that permits which limit source’s potential other requirements ‘‘of the acid rain States develop and submit operating to emit hazardous air pollutants (HAPs). program under Title IV of the Clean Air permits programs to EPA by November Section 112(l) of the Clean Air Act Act * * * or the regulations 15, 1993, and that EPA act to approve provides the underlying authority for thereunder.’’ or disapprove each program within 1 controlling emissions of HAPs. For additional assurance that year after receiving the submittal. The Therefore, in order to extend federal Pennsylvania’s operating permit EPA’s program review occurs pursuant enforceability of the Commonwealth’s program will operate in compliance to section 502 of the Act and the part operating permit and plan approval with applicable acid rain requirements, 70 regulations, which together outline programs to include HAPs, EPA is today EPA notes that the Commonwealth has criteria for approval or disapproval. approving Pennsylvania’s plan approval agreed to accept delegation of the Where a program substantially, but not and operating permit program applicable provisions of 40 C.F.R. Parts Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39599

70, 72, and 78 for the purpose of Notice, a State operating permit or plan Approval programs, codified in 25 Pa. implementing the Title IV requirements approval (i.e., construction permit) Code Chapter 127 Subchapters F and B, of its operating permit program. The issued pursuant to a program which has respectively, pursuant to Section 110 of Pennsylvania Department of been approved by EPA and incorporated the Act for the purpose of creating Environmental Protection (PADEP) shall into the SIP, and which meets the June Federally enforceable permit conditions apply these provisions for purposes of 28, 1989 Federal Register document and for sources of criteria air pollutants. In incorporating Acid Rain program Clean Air Act Section 112(l) criteria, are order to extend Pennsylvania’s authority requirements into each affected source’s deemed federally enforceable and may under Section 110 of the Act to include operating permit; identifying designated be used to limit the potential to emit of authority to create federally enforceable representatives; establishing permit both criteria and hazardous air limits on the potential to emit of application deadlines; issuing, denying, pollutants (HAPs). This will, in many hazardous air pollutants (HAPs) listed modifying, reopening, and renewing cases, allow a source to voluntarily limit pursuant to Section 112(b) of the Act, permits; establishing compliance plans; its potential to emit of air pollutants and EPA is approving Pennsylvania’s processing permit appeals; and issuing avoid being subject to otherwise Operating Permit and Plan Approval written exemptions under 40 C.F.R. 72.7 applicable major source requirements of programs pursuant to Section 112(l) of and 72.8. This commitment is contained the Act, including Title V operating the Act. in an Implementation Agreement which permit requirements. Accordingly, EPA The scope of the Commonwealth’s has been negotiated between EPA and is today approving and incorporating part 70 program approved in this PADEP. into the SIP Pennsylvania’s operating document applies to all Title V facilities As part of the May 18, 1995 submittal, permit and plan approval program (as defined in the approved program) PADEP submitted to EPA for review and regulations pursuant to Sections 110 within the Commonwealth, except any approval a revision to its State and 112 of the Act. sources of air pollution over which an Implementation Plan (SIP) designed to On January 31, 1996, PADEP Indian Tribe has jurisdiction. See, e.g., create federally enforceable limits on a proposed for public review and 59 FR 55813, 55815–18 (Nov. 9, 1994). source’s potential to emit. The revision comment a draft ‘‘Voluntary The term ‘‘Indian Tribe’’ is defined consists of regulations establishing a Environmental Compliance Audit under the Act as ‘‘any Indian tribe, State operating permit program and a Policy.’’ EPA is concerned that this band, nation, or other organized group plan approval (i.e., construction permit) policy may impermissibly limit or community, including any Alaska program, codified in Subchapters F and PADEP’s authority to seek civil Native village, which is Federally B, respectively, of the Commonwealth’s penalties for certain violations disclosed recognized as eligible for the special air quality regulations. Pennsylvania by a source after a voluntary audit. See programs and services provided by the refers to construction permits as ‘‘plan Clean Air Act Sections 113(e)(1) and United States to Indians because of their approvals.’’ As explained more fully in 502(b)(5); 40 CFR 70.11(a)(3) and (c). status as Indians.’’ See section 302(r) of EPA’s March 7, 1996 Notice of Proposed This policy has not been finalized and the Clean Air Act; see also 59 FR 43956, Rulemaking, 61 FR 9125, and in the implemented by PADEP, and thus its 43962 (Aug. 25, 1994); 58 FR 54364 Technical Support Document which final scope and applicability are (Oct. 21, 1993). accompanied that proposed rulemaking, uncertain. However, EPA advised Requirements for approval, specified the SIP revision submitted by Pennsylvania by letter on June 5, 1996 in 40 CFR 70.4(b), encompass section Pennsylvania generally strengthens the that if PADEP’s final audit policy 112(l)(5) requirements for approval of a SIP by establishing a comprehensive impermissibly limits PADEP’s authority program for delegation of section 112 operating permit and plan approval to seek civil penalty from sources standards as promulgated by EPA as program designed to limit source’s subject to this rulemaking, then EPA they apply to Part 70 sources. Section potential to emit of both criteria and will consider this to be grounds for 112(l)(5) requires that the State’s hazardous air pollutants. As explained reopening this rulemaking and program contain adequate authorities, in the March 7, 1996 Notice, EPA’s reconsidering its decision to fully adequate resources for implementation, review of this revision to the federally approve the programs that are the and an expeditious compliance enforceable Pennsylvania SIP indicates subject of this rulemaking. schedule, which are also requirements that the operating permit and plan B. Response to Comments under Part 70. Therefore, the EPA is also approval programs both meet applicable promulgating full approval under federal criteria for approval. EPA did not receive any comments on section 112(l)(5) and 40 CFR 63.91 of Specifically, EPA’s review of the State its March 7, 1996 Federal Register the State’s program for receiving operating permit program submitted by notice proposing full approval of the delegation of section 112 standards that Pennsylvania indicates that the program Pennsylvania Title V operating permit, are unchanged from Federal standards meets the five criteria for approval set State operating permit, and plan as promulgated. This program for forth in the June 28, 1989 Federal approval programs. delegations only applies to sources Register document (54 FR 27282) and covered by the Part 70 program. the statutory criteria for approval under C. Final Action Section 112(l)(5) of the Act. Please refer The EPA is promulgating full III. Administrative Requirements to EPA’s March 7, 1996 Federal Register approval of the operating permits A. Docket Notice for further information. program submitted to EPA by the EPA’s review of the Pennsylvania Commonwealth of Pennsylvania on May Copies of the Commonwealth’s plan approval program indicates that 18, 1995. Among other things, submittal and other information relied this program also meets applicable Pennsylvania has demonstrated that the upon for the final full approval are federal criteria for approval. program will be adequate to meet the contained in docket number PA065– Specifically, EPA has determined that minimum elements of a State operating 4025 maintained at the EPA Regional the Pennsylvania plan approval program permits program as specified in 40 CFR Office. The docket is an organized and meets the statutory criteria for approval Part 70. complete file of all the information under Section 112(l)(5) of the Act. As In addition, the EPA is approving the submitted to, or otherwise considered explained in EPA’s March 7, 1996 Pennsylvania Operating Permit and Plan by, EPA in the development of this final 39600 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations full approval. The docket is available for E. Submission to Congress and the Dated: June 26, 1996. public inspection at the location listed General Accounting Office Stanley L. Laskowski, under the ADDRESSES section of this Acting Regional Administrator, EPA Region document. Under section 801(a)(1)(A) of the III. Administrative Procedure Act (APA) as B. Executive Order 12866 Chapter I, title 40 of the Code of amended by the Small Business Federal Regulations is amended as This action granting final full Regulatory Enforcement Fairness Act of follows: approval of Pennsylvania’s Title V 1996, EPA submitted a report containing program and final approval of this rule and other required information PART 52Ð[AMENDED] Pennsylvania’s plan approval and State to the U.S. Senate, the U.S. House of operating permit programs has been 1. The authority citation for part 52 Representatives and the Comptroller continues to read as follows: classified as a Table 3 action for General of the General Accounting signature by the Regional Administrator Office prior to publication of the rule in Authority: 42 U.S.C. 7401–7671q. under the procedures published in the today’s Federal Register. This rule is Federal Register on January 19, 1989 Subpart NNÐPennsylvania not a ‘‘major rule’’ as defined by section (54 FR 2214–2225), as revised by a July 804(2) of the APA as amended. 2. Section 52.2020 is amended by 10, 1995 memorandum from Mary adding paragraph (c)(110) to read as Nichols, Assistant Administrator for Air Nothing in this action should be follows: and Radiation. The Office of construed as permitting or allowing or Management and Budget (OMB) has establishing a precedent for any future § 52.2020 Identification of plan. exempted this regulatory action from request for revision to any state * * * * * E.O. 12866 review. implementation plan. Each request for (c) * * * (110) Revisions to the Operating C. Regulatory Flexibility Act revision to the state implementation plan shall be considered separately in Permit, Plan Approval and Sampling The EPA’s actions under section 502 light of specific technical, economic, and Testing Program Regulations of the Act do not create any new and environmental factors and in submitted on May 18, 1995 by the requirements, but simply address relation to relevant statutory and Pennsylvania Department of operating permits programs submitted regulatory requirements. Environmental Resources: to satisfy the requirements of 40 CFR (i) Incorporation by reference. Part 70. Because this action does not Under section 307(b)(1) of the Clean (A) Letter of May 15, 1995 from the impose any new requirements, it does Air Act, petitions for judicial review of Pennsylvania Department of not have a significant impact on a this action must be filed in the United Environmental Resources transmitting substantial number of small entities. States Court of Appeals for the Pennsylvania’s Title V operating permit, appropriate circuit by September 30, plan approval, and State operating D. Unfunded Mandates 1996. Filing a petition for permit programs. Under Section 202 of the Unfunded reconsideration by the Administrator of (B) Revisions to the definition of Mandates Reform Act of 1995 this final rule does not affect the finality ‘‘Potential to emit’’ and addition of the (‘‘Unfunded Mandates Act’’), signed of this rule for the purposes of judicial following definitions in Title 25, into law on March 22, 1995, EPA must review nor does it extend the time Chapter 121, Section 121.1, effective on prepare a budgetary impact statement to within which a petition for judicial November 26, 1994: ‘‘Air pollution’’, accompany any proposed or final rule review may be filed, and shall not ‘‘Applicable requirements’’, that includes a Federal mandate that postpone the effectiveness of such rule ‘‘Compliance docket’’, ‘‘Compliance may result in estimated costs to State, or action. This action may not be review form’’, ‘‘Deviation’’, local, or tribal governments in the ‘‘Documented conduct’’, ‘‘Federally challenged later in proceedings to aggregate; or to private sector, of $100 enforceable emissions cap’’, ‘‘General enforce its requirements. (See section million or more. Under Section 205, plan approval’’, ‘‘General operating EPA must select the most cost-effective 307(b)(2).) permit’’, ‘‘Minor operating permit and least burdensome alternative that List of Subjects modification’’, ‘‘Performance standard’’, achieves the objectives of the rule and ‘‘Related party’’, ‘‘Renewal’’, ‘‘Research is consistent with statutory 40 CFR Part 52 and development facility’’, requirements. Section 203 requires EPA Environmental protection, Air ‘‘Responsible official’’, ‘‘Title V to establish a plan for informing and facility’’, ‘‘Title V permit’’, and ‘‘Title V pollution control, Carbon monoxide, advising any small governments that regulated air pollutant.’’ may be significantly or uniquely Hydrocarbons, Incorporation by (C) The following amendments to impacted by the rule. reference, Intergovernmental relations, Title 25, Chapter 127, effective on EPA has determined that the approval Nitrogen dioxide, Ozone, Particulate November 26, 1994: § 127.1, 127.3, action proposed/promulgated does not matter, Reporting and recordkeeping 127.11 through 127.14, 127.25, 127.32, include a Federal mandate that may requirements, Sulfur oxides. 127.35, 127.36, 127.44, 127.45, 127.47, result in estimated costs of $100 million 40 CFR Part 70 127.49 through 127.51, 127.401 through or more to either State, local, or tribal 127.404, 127.411 through 127.414, governments in the aggregate, or to the Administrative practice and 127.421 through 127.431, 127.441 private sector. This Federal action procedure, Air pollution control, through 127.450, 127.461 through approves pre-existing requirements Environmental protection, 127.464, 127.701 through 127.703, and under State or local law, and imposes Intergovernmental relations, Operating 127.707. no new Federal requirements. permits, Reporting and recordkeeping (D) The following amendments to Accordingly, no additional costs to requirements. Title 25, Chapter 139, effective on State, local, or tribal governments, or to November 26, 1994: § 139.4, 139.5, the private sector, result from this 139.12, 139.13, 139.14, 139.32, 139.101 action. through 139.104, and 139.108. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39601

(ii) Additional material. DEPARTMENT OF COMMERCE Under regulations at (A) Remainder of May 18, 1995 State § 679.20(a)(5)(i)(A), the initial total submittal. National Oceanic and Atmospheric allowable catch (TAC) amounts 3. Section 52.2061 is added to read as Administration specified for pollock in the BSAI follows: subareas and the Bogoslof District are 50 CFR Part 679 divided into two seasonal allowances. § 52.2061 Operating permits. [Docket No. ; I.D. 052896A] Subject to other regulatory provisions, (a) Emission limitations and related the first seasonal allowance is available provisions which are established in RIN 0648±A158 for directed fishing from January 1 until Pennsylvania operating permits as Fisheries of the Exclusive Economic noon, A.l.t., April 15 (the roe or ‘‘A’’ federally enforceable conditions shall be Zone Off Alaska; Delay of the Pollock season). The second seasonal allowance enforceable by EPA. EPA reserves the Season is available for directed fishing from right to deem permit conditions not noon A.l.t., August 15 through the end federally enforceable. Such a AGENCY: National Marine Fisheries of the fishing year (the non-roe or ‘‘B’’ determination will be made according to Service (NMFS), National Oceanic and season). NMFS annually apportions the appropriate procedures, and be based Atmospheric Administration (NOAA), initial pollock TACs between the roe upon the permit, permit approval Commerce. and non-roe seasons after consultation procedures, or permit requirements ACTION: Final rule. with the Council during the annual which do not conform with the groundfish TAC specification process operating permit program requirements SUMMARY: NMFS is delaying from set forth at § 679.20(a). or the requirements of EPA’s underlying August 15 to September 1 of each Recent high abundance of Alaska pink regulations. fishing year, the opening of the second salmon, as well as poor salmon market (b) (reserved) (non-roe) directed fishing season for conditions, have caused renewed 4. Section 52.2062 is added to read as pollock in the Bering Sea and Aleutian interest by the salmon industry and follows: Islands management area (BSAI). NMFS groundfish processors to explore is also prohibiting vessels from § 52.2062 Plan approvals. opportunities for new salmon product participating in the directed pollock types and markets. This interest (a) Emission limitations and related fishery for 7 days after the September 1 prompted the Council to recommend a provisions which are established in opening if the vessel participated in any delay in the opening date of the pollock Pennsylvania plan approvals as of the directed groundfish fisheries in non-roe season from August 15 to federally enforceable conditions shall be the Gulf of Alaska (GOA) or in the BSAI September 1 to provide pollock enforceable by EPA. EPA reserves the during any portion of the 7-day period processors the opportunity to right to deem plan approval conditions prior to the September 1 opening. This participate in the processing operations not federally enforceable. Such a action is necessary to allow some for late-run pink salmon. A proposed determination will be made according to pollock processor vessels and shoreside rule to implement the Council’s appropriate procedures, and be based processing plants to more fully realize recommendation was published in the upon the plan approval, the relevant potential salmon processing Federal Register on June 12, 1996 (61 approval procedures, or plan opportunities, particularly for late-run FR 29726). Public comment was invited requirements which do not conform pink salmon. This action is intended to through July 8, 1996. No letters of with the plan approval program further the objectives of the Fishery comment were received. No changes to requirements or the requirements of Management Plan for the Groundfish the proposed rule are made in the final EPA’s underlying regulations. Fishery of the Bering Sea and Aleutian rule, except to incorporate the (b) (reserved) Island Area (FMP). regulatory format into the new EFFECTIVE DATE: August 15, 1996. PART 70Ð[AMENDED] consolidated regulations governing the ADDRESSES: Copies of the environmental fisheries in Federal waters off Alaska 1. The authority citation for part 70 assessment/regulatory impact review/ (50 CFR part 679). continues to read as follows: final regulatory flexibility analysis (EA/ This rule annually delays the opening RIR/FRFA) prepared for the original Authority: 42 U.S.C. 7401, et seq. of the pollock non-roe season until 1993 non-roe season delay or the September 1 for both the inshore and 2. Appendix A to part 70 is amended supplemental EA/RIR prepared for this the offshore components, with a fixed by adding the entry for Pennsylvania in action may be obtained from the North season ending date of November 1 of alphabetical order to read as follows: Pacific Fishery Management Council, each year. Vessels participating in the Appendix A to Part 70—Approval 605 West 4th Ave., Suite 306, Community Development Quota (CDQ) Status of State and Local Operating Anchorage, AK 99510–2252; telephone: directed pollock fishery are exempt Permits Programs 907–271–2809. from the season ending date restriction. FOR FURTHER INFORMATION CONTACT: Kaja This final rule also prohibits a vessel * * * * * Brix, 907–586–7228. from participating in the directed Pennsylvania SUPPLEMENTARY INFORMATION: pollock fishery during the 7 days after Fishing for groundfish by U.S. vessels the September 1 opening (i.e., from (a) Pennsylvania Department of in the exclusive economic zone of the noon A.l.t. September 1 until noon A.l.t. Environmental Resources [now known BSAI is managed by NMFS according to September 8) if the vessel participated as the Pennsylvania Department of the FMP. The FMP was prepared by the in any groundfish fishery in either the Environmental Protection]: submitted North Pacific Fishery Management BSAI or the GOA during any portion of on May 18, 1995; full approval effective Council (Council) under the Magnuson the 7-day period prior to the opening of on August 29, 1996. Fishery Conservation and Management the pollock non-roe season (i.e., from (b) (Reserved) Act (Magnuson Act) and is implemented noon A.l.t., August 25 until noon, [FR Doc. 96–19205 Filed 7–29–96; 8:45 am] by regulations that appear at 50 CFR September 1, A.l.t.). Vessels BILLING CODE 6560±50±P part 679. participating in the directed CDQ 39602 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations pollock fishery are exempt from this processors could be denied the § 679.23 Seasons. prohibition. opportunity to process pink salmon * * * * * Further justification for each of the unless they decided to forego some (e) * * * measures implemented under the final opportunities to process pollock, which rule is discussed in the preamble to the is an unlikely even because the pollock (2) Directed fishing for pollock. (i) proposed rule. resource is more valuable. Subject to other provisions of this part, The AA also finds that it is and except as provided in paragraphs Classification unnecessary to delay the effectiveness of (e)(2)(ii) and (e)(2)(iii) of this section, The Director, Alaska Region, NMFS, this rule for 30 days because based on directed fishing for pollock is determined that this final rule is public testimony before the Council, the authorized from 0001 hours, A.l.t., necessary for the conservation and pollock and salmon industries already January 1, through 1200 hours, A.l.t, management of the BSAI fisheries and anticipate a delay in the opening of the April 15, and from 1200 hours A.l.t., that it is consistent with the Magnuson pollock fishery from August 15 to September 1, through 1200 hours A.l.t, Act and other applicable laws. September 1 and have planned November 1, of each fishing year. The Council prepared an FRFA as accordingly. (ii) Applicable through December 31, part of the RIR prepared for the 1993 This final rule has been determined to 1998. (A) Subject to other provisions of delay of the non-roe season to August be not significant for purposes of E.O. 15. A copy of this analysis as well as the 12866. this part and except as provided in supplemental analysis prepared by the paragraphs (e)(2)(ii)(B) and (e)(2)(ii)(C) Council for the season delay to List of Subjects in 50 CFR Part 679 of this section, directed fishing for September 1 is available from the Fisheries, Reporting and pollock by the offshore component, Council (see ADDRESSES). recordkeeping requirements defined at § 679.2 of this part, or by vessels delivering pollock to the An informal consultation under the Dated: July 25, 1996. Endangered Species Act was initiated offshore component, is authorized from Charles Karnella, for this action on April 30, 1996. As a 1200 hours A.l.t., January 26, through result of the informal consultation, the Acting Deputy Assistant Administrator for 1200 hours A.l.t., April 15. Fisheries, National Marine Fisheries Service. Regional Director determined that For the reasons set out in the (B) Directed fishing for pollock by the fishing activities conducted under this preamble, 50 CFR part 679 is amended offshore component, or vessels rule are not likely to adversely affect as follows: delivering pollock to the offshore endangered or threatened species or component is prohibited through 1200 critical habitat. PART 679ÐFISHERIES OF THE hours, A.l.t., February 5, for those The Assistant Administrator for EXCLUSIVE ECONOMIC ZONE OFF vessels that are used to fish prior to Fisheries, NOAA (AA), has determined, ALASKA 1200 hours, A.l.t., January 26, for under the authority of 5 U.S.C. groundfish in the BSAI, groundfish in 553(d)(3), that good cause exists to 1. The authority citation for part 679 the GOA, as defined at § 679.2, or king waive a portion of the 30-day delayed continues to read as follows: or Tanner crab in the BSAI, as defined effectiveness period for this rule. The Authority: 16 U.S.C. 773 et seq., 1801 et at § 679.2. AA finds that it is contrary to the public seq. interest to delay the effectiveness of this (C) Neither paragraphs (e)(2)(ii)(B) nor 2. In § 679.20, paragraph (a)(5)(i)(A) is (e)(2)(iii) of this section apply to vessels rule for 30 days because it conveys a revised to read as follows: benefit to the fishing industry that used to fish exclusively in a directed would be denied it if the opening of the § 679.20 General limitations. fishery for pollock prior to 1200 hours, fishery were not delayed from August (a) * * * A.l.t., January 26, or during the period 15. By delaying the start of the fishery (5) * * * that extends from 1200 hours, A.l.t., on August 15, processors will be able (i) * * * August 25, through 1200 hours A.l.t., process pink salmon during a time (A) Seasonal allowances. The TAC of September 1, under the Western Alaska when they otherwise would be pollock in each subarea or district of the Community Development Quota processing pollock. Waiving a portion of BSAI will be divided, after subtraction program pursuant to subpart C and the delayed effectiveness period and of reserves, into two allowances. The § 679.23(e)(2)(ii)(D) of this section. making this action effective August 15 first allowance will be available for (D) Directed fishing for pollock under will allow certain processors to provide directed fishing from 0001 hours Alaska the Western Alaska Community a different market for pink salmon local time (A.l.t.) January 1 through Development Quota program pursuant products and more fully utilize 1200 hours, A.l.t. , April 15. The second to subpart C of this part is authorized available pink salmon resources, which allowance will be available for directed from 0001 hours A.l.t, January 1, will increase the economic value of pink fishing from 1200 hours, A.l.t., through the end of the fishing year. September 1 through 1200 hours A.l.t., salmon. Once pink salmon processing (iii) Directed fishing for pollock is November 1, of each fishing year. has concluded, these processors will be prohibited during the second pollock Within any fishing year, unharvested able to commence pollock production at season defined at paragraph (e)(2)(i) of amounts of the first allowance will be the same time as other processors that this section through 1200 hours, A.l.t., added to the second allowance, and might not participate in pink salmon September 8, for any vessel that is used harvests in excess of the first allowance production. If part of the delayed to fish with trawl gear for groundfish in will be deducted from the second effectiveness period were not waived, the BSAI or the GOA as defined at allowance. the pollock season would start on § 679.2 of this part, between 1200 hours August 15, and then close shortly * * * * * A.l.t., August 25, and 1200 hours A.l.t., thereafter when the 30-day delayed 3. In § 679.23, paragraph (e)(2) is September 1. effectiveness period expired. Such an revised, paragraph (e)(3) and paragraph abrupt opening and subsequent closure (e)(4)(iii) are removed, and paragraph * * * * * would be costly to the industry and (e)(4) is redesignated as paragraph (e)(3) [FR Doc. 96–19334 Filed 7–25–96; 4:20 pm] confusing as well. In addition, some to read as follows: BILLING CODE 3510±22±F 39603

Proposed Rules Federal Register Vol. 61, No. 147

Tuesday, July 30, 1996

This section of the FEDERAL REGISTER This information may be examined at recently notified the FAA that an unsafe contains notices to the public of the proposed the FAA, Transport Airplane condition may exist on all Airbus Model issuance of rules and regulations. The Directorate, 1601 Lind Avenue, SW., A300, A310, and A300–600 series purpose of these notices is to give interested Renton, Washington. airplanes. The DGAC advises that it has persons an opportunity to participate in the received a report indicating that rule making prior to the adoption of the final FOR FURTHER INFORMATION CONTACT: rules. Charles Huber, Aerospace Engineer, uncommanded pitch up occurred when Standardization Branch, ANM–113, the autopilot was disengaged during a FAA, Transport Airplane Directorate, test flight of an Airbus Model A310 DEPARTMENT OF TRANSPORTATION 1601 Lind Avenue, SW., Renton, series airplane. Subsequently, the Washington 98055–4056; telephone autopilot pitch actuator was replaced Federal Aviation Administration (206) 227–2589; fax (206) 227–1149. and the test flight was repeated. During this second test flight, a similar 14 CFR Part 39 SUPPLEMENTARY INFORMATION: phenomenon occurred. Investigation [Docket No. 96±NM±33±AD] Comments Invited revealed that the mechanical zero rigging of the autopilot pitch actuator RIN 2120±AA64 Interested persons are invited to participate in the making of the could not be achieved when using a Airworthiness Directives; Airbus Model proposed rule by submitting such rigging pin having part number (P/N) A300, A310, and A300±600 Series written data, views, or arguments as OU131388. Use of this particular pin is Airplanes they may desire. Communications shall called out in the Aircraft Maintenance identify the Rules Docket number and Manual (AMM). Further investigation AGENCY: Federal Aviation be submitted in triplicate to the address revealed that this pin is not long enough Administration, DOT. specified above. All communications to go through the torque limiter lever ACTION: Notice of proposed rulemaking received on or before the closing date and to internally rig the autopilot pitch (NPRM). for comments, specified above, will be actuator. considered before taking action on the Furthermore, since the rigging pin SUMMARY: This document proposes the used to rig the autopilot pitch actuator adoption of a new airworthiness proposed rule. The proposals contained in this notice may be changed in light is similar to the rigging pin used to rig directive (AD) that is applicable to all the yaw autopilot actuator, the same Airbus Model A300, A310, and A300– of the comments received. Comments are specifically invited on incorrect rigging could exist on the yaw 600 series airplanes. This proposal autopilot actuator. Such incorrect would require a one-time inspection of the overall regulatory, economic, environmental, and energy aspects of rigging of the yaw autopilot actuator the autopilot actuators on the pitch and could cause yaw upset when the yaw controls to ensure correct rigging, the proposed rule. All comments submitted will be available, both before autopilot is disengaged. and re-rigging, if necessary. This Incorrect rigging of the autopilot proposal is prompted by a report of and after the closing date for comments, in the Rules Docket for examination by actuators on the pitch and yaw controls sudden pitch up of an airplane during could cause uncommanded pitch up or cruise following disengagement of the interested persons. A report summarizing each FAA-public contact pitch down, or yaw upset of the airplane autopilot; this condition was the result during disengagement of the autopilot. of incorrect rigging of the autopilot concerned with the substance of this proposal will be filed in the Rules These conditions, if not corrected, could pitch actuator. The actions specified by result in reduced controllability of the the proposed AD are intended to Docket. Commenters wishing the FAA to airplane. prevent incorrect rigging of the autopilot acknowledge receipt of their comments actuators on the pitch and yaw controls, Explanation of Relevant Service submitted in response to this notice which could result in reduced Information must submit a self-addressed, stamped controllability of the airplane. postcard on which the following Airbus has issued All Operators Telex DATES: Comments must be received by statement is made: ‘‘Comments to (AOT) 27–20, dated December 19, 1994, September 10, 1996. Docket Number 96–NM–33–AD.’’ The which describes procedures for a one- ADDRESSES: Submit comments in postcard will be date stamped and time inspection of the rigging of the triplicate to the Federal Aviation returned to the commenter. autopilot actuators on the pitch and yaw Administration (FAA), Transport controls to ensure correct rigging, and Airplane Directorate, ANM–103, Availability of NPRMs re-rigging, if necessary, using a new, Attention: Rules Docket No. 96–NM– Any person may obtain a copy of this longer rigging pin. This new rigging pin 33–AD, 1601 Lind Avenue, SW., NPRM by submitting a request to the is longer than the existing rigging pin Renton, Washington 98055–4056. FAA, Transport Airplane Directorate, and, consequently, will go through the Comments may be inspected at this ANM–103, Attention: Rules Docket No. torque limited lever and internally rig location between 9:00 a.m. and 3:00 96–NM–33–AD, 1601 Lind Avenue, the autopilot actuators. The DGAC p.m., Monday through Friday, except SW., Renton, Washington 98055–4056. classified this service bulletin as Federal holidays. mandatory and issued French The service information referenced in Discussion airworthiness directive (CN) 95–164– the proposed rule may be obtained from The Direction Ge´ne´rale de l’Aviation 183(B), dated August 30, 1995, in order Airbus Industrie, 1 Rond Point Maurice Civile (DGAC), which is the to assure the continued airworthiness of Bellonte, 31707 Blagnac Cedex, France. airworthiness authority for France, these airplanes in France. 39604 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules

FAA’s Conclusions under Executive Order 12866; (2) is not All Operators Telex (AOT) 27–20, dated a ‘‘significant rule’’ under the DOT December 19, 1994. If the rigging is not This airplane model is manufactured correct, prior to further flight, re-rig in in France and is type certificated for Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) if accordance with the AOT. operation in the United States under the (b) As of the effective date of this AD, no provisions of section 21.29 of the promulgated, will not have a significant person shall rig the autopilot actuator on the Federal Aviation Regulations (14 CFR economic impact, positive or negative, pitch or yaw control on any airplane using 21.29) and the applicable bilateral on a substantial number of small entities a rigging pin having part number (P/N) airworthiness agreement. Pursuant to under the criteria of the Regulatory OU131388. this bilateral airworthiness agreement, Flexibility Act. A copy of the draft (c) An alternative method of compliance or the DGAC has kept the FAA informed regulatory evaluation prepared for this adjustment of the compliance time that provides an acceptable level of safety may be of the situation described above. The action is contained in the Rules Docket. A copy of it may be obtained by used if approved by the Manager, FAA has examined the findings of the Standardization Branch, ANM–113, FAA, DGAC, reviewed all available contacting the Rules Docket at the Transport Airplane Directorate. Operators information, and determined that AD location provided under the caption shall submit their requests through an action is necessary for products of this ‘‘ADDRESSES.’’ appropriate FAA Principal Maintenance type design that are certificated for List of Subjects in 14 CFR Part 39 Inspector, who may add comments and then operation in the United States. send it to the Manager, Standardization Air transportation, Aircraft, Aviation Branch, ANM–113. Explanation of Requirements of safety, Safety. Note 2: Information concerning the Proposed Rule existence of approved alternative methods of The Proposed Amendment Since an unsafe condition has been compliance with this AD, if any, may be identified that is likely to exist or Accordingly, pursuant to the obtained from the Standardization Branch, develop on other airplanes of the same authority delegated to me by the ANM–113. type design registered in the United Administrator, the Federal Aviation (d) Special flight permits may be issued in States, the proposed AD would require Administration proposes to amend part accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR a one-time inspection of the rigging of 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: 21.197 and 21.199) to operate the airplane to the autopilot actuators on the pitch and a location where the requirements of this AD yaw controls to ensure correct rigging, PART 39ÐAIRWORTHINESS can be accomplished. and, if necessary, re-rigging using a new, DIRECTIVES Issued in Renton, Washington, on July 24, longer rigging pin. These actions would 1996. be required to be accomplished in 1. The authority citation for part 39 S.R. Miller, accordance with the AOT described continues to read as follows: Acting Manager, Transport Airplane previously. Authority: 49 U.S.C. 106(g), 40113, 44701. Directorate, Aircraft Certification Service. [FR Doc. 96–19315 Filed 7–29–96; 8:45 am] Cost Impact § 39.13 [Amended] The FAA estimates that 86 airplanes 2. Section 39.13 is amended by BILLING CODE 4910±13±U of U.S. registry would be affected by this adding the following new airworthiness proposed AD, that it would take directive: approximately 1 work hour per airplane 14 CFR Part 39 Airbus: Docket 96–NM–33–AD. to accomplish the proposed actions, and [Docket No. 96±NM±46±AD] that the average labor rate is $60 per Applicability: All Model A300, A310, and A300–600 series airplanes, certificated in any RIN 2120±AA64 work hour. Based on these figures, the category. cost impact of the proposed AD on U.S. Note 1: This AD applies to each airplane Airworthiness Directives; Airbus Model operators is estimated to be $5,160, or identified in the preceding applicability A300±600 and Model A310 Series $60 per airplane. provision, regardless of whether it has been Airplanes The cost impact figure discussed modified, altered, or repaired in the area above is based on assumptions that no subject to the requirements of this AD. For AGENCY: Federal Aviation operator has yet accomplished any of airplanes that have been modified, altered, or Administration, DOT. the proposed requirements of this AD repaired so that the performance of the ACTION: Notice of proposed rulemaking action, and that no operator would requirements of this AD is affected, the (NPRM). accomplish those actions in the future if owner/operator must request approval for an this AD were not adopted. alternative method of compliance in SUMMARY: This document proposes the accordance with paragraph (c) of this AD. adoption of a new airworthiness Regulatory Impact The request should include an assessment of directive (AD) that is applicable to the effect of the modification, alteration, or Airbus Model A300–600 and Model The regulations proposed herein repair on the unsafe condition addressed by would not have substantial direct effects this AD; and, if the unsafe condition has not A310 series airplanes. This proposal on the States, on the relationship been eliminated, the request should include would require testing to verify if the between the national government and specific proposed actions to address it. smoke detection system can detect the States, or on the distribution of Compliance: Required as indicated, unless smoke within 60 seconds, and cleaning power and responsibilities among the accomplished previously. the installation and duct, if necessary. various levels of government. Therefore, To prevent uncommanded pitch up or This proposal is prompted by a report in accordance with Executive Order down, or yaw upset of the airplane due to that, during testing of the smoke 12612, it is determined that this incorrect rigging of the autopilot actuators on detection system on in-service proposal would not have sufficient the yaw and pitch controls, accomplish the airplanes, the system failed to detect following: smoke within 60 seconds due to dust federalism implications to warrant the (a) Within 500 flight hours after the preparation of a Federalism Assessment. effective date of this AD, inspect the rigging accumulation in the extraction ducts. For the reasons discussed above, I of the autopilot actuators on both the pitch The actions specified by the proposed certify that this proposed regulation (1) and the yaw controls to ensure that the AD are intended to ensure that dust is not a ‘‘significant regulatory action’’ rigging is correct, in accordance with Airbus accumulation does not reduce the Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules 39605 effectiveness of the smoke detection postcard will be date stamped and of the situation described above. The system and, consequently, lead to returned to the commenter. FAA has examined the findings of the undetected smoke or fire in the lavatory DGAC, reviewed all available Availability of NPRMs of the airplane. information, and determined that AD DATES: Comments must be received by Any person may obtain a copy of this action is necessary for products of this September 10, 1996. NPRM by submitting a request to the type design that are certificated for ADDRESSES: Submit comments in FAA, Transport Airplane Directorate, operation in the United States. triplicate to the Federal Aviation ANM–103, Attention: Rules Docket No. 96–NM–46–AD, 1601 Lind Avenue, Explanation of Requirements of Administration (FAA), Transport Proposed Rule Airplane Directorate, ANM–103, SW., Renton, Washington 98055–4056. Attention: Rules Docket No. 96–NM– Discussion Since an unsafe condition has been identified that is likely to exist or 46–AD, 1601 Lind Avenue, SW., The Direction Ge´ne´rale de l’Aviation Renton, Washington 98055–4056. develop on other airplanes of the same Civile (DGAC), which is the Comments may be inspected at this type design registered in the United airworthiness authority for France, location between 9:00 a.m. and 3:00 States, the proposed AD would require recently notified the FAA that an unsafe p.m., Monday through Friday, except performing an operational and condition may exist on certain Airbus Federal holidays. functional test to verify if the smoke Model A300–600 and Model A310 The service information referenced in detection system can detect smoke series airplanes. The DGAC advises that the proposed rule may be obtained from within 60 seconds, and cleaning the it has received a report indicating that, Airbus Industrie, 1 Rond Point Maurice installation and duct, if necessary. The during functional testing of the smoke Bellonte, 31707 Blagnac Cedex, France. proposed rule also would require detection system on in-service This information may be examined at submitting a report of the inspection airplanes, the system failed to detect the FAA, Transport Airplane results to Airbus. The actions would be smoke within 60 seconds. As a design Directorate, 1601 Lind Avenue, SW., required to be accomplished in goal, the detector is to provide a Renton, Washington. accordance with the AOT described warning within 60 seconds after a fire FOR FURTHER INFORMATION CONTACT: previously. has started, as indicated in the Airplane Charles Huber, Aerospace Engineer, Maintenance Manual. In one of the tests, Interim Action Standardization Branch, ANM–113, the airplane had only accumulated 46 This is considered interim action. The FAA, Transport Airplane Directorate, days, 167 hours, and 50 landings since 1601 Lind Avenue, SW., Renton, intent of the proposed inspection the ducts of the lavatory air extraction reports is to enable Airbus to develop an Washington 98055–4056; telephone system had been cleaned. Investigation (206) 227–2589; fax (206) 227–1149. appropriate repetitive inspection revealed that dust accumulation in these interval based on findings in the in- SUPPLEMENTARY INFORMATION: ducts can reduce the effectiveness of the service fleet. The FAA may consider Comments Invited smoke detection system to detect smoke. further rulemaking once that inspection This condition, if not corrected, could interval is determined. Interested persons are invited to result in undetected smoke or fire in the participate in the making of the lavatory of the airplane. Cost Impact proposed rule by submitting such written data, views, or arguments as Explanation of Relevant Service The FAA estimates that 67 Airbus they may desire. Communications shall Information Model A300–600 and Model A310 identify the Rules Docket number and Airbus has issued All Operators Telex series airplanes of U.S. registry would be submitted in triplicate to the address AOT 26–16, dated September 12, 1995. be affected by this proposed AD, that it specified above. All communications This AOT describes procedures for would take approximately 1 work hour received on or before the closing date performing an operational and per airplane to accomplish the proposed for comments, specified above, will be functional test to verify if the smoke actions, and that the average labor rate considered before taking action on the detection system can detect smoke with is $60 per work hour. Based on these proposed rule. The proposals contained 60 seconds, and cleaning the figures, the cost impact of the proposed in this notice may be changed in light installation and duct, if necessary. This AD on U.S. operators is estimated to be of the comments received. AOT also describes procedures for $4,020, or $60 per airplane. Comments are specifically invited on submitting a report of the inspection The cost impact figure discussed the overall regulatory, economic, results to Airbus. The DGAC classified above is based on assumptions that no environmental, and energy aspects of this service bulletin as mandatory and operator has yet accomplished any of the proposed rule. All comments issued French airworthiness directive the proposed requirements of this AD submitted will be available, both before 95–243–190(B), dated December 6, action, and that no operator would and after the closing date for comments, 1995, in order to assure the continued accomplish those actions in the future if in the Rules Docket for examination by airworthiness of these airplanes in this AD were not adopted. interested persons. A report France. Regulatory Impact summarizing each FAA-public contact concerned with the substance of this FAA’s Conclusions The regulations proposed herein proposal will be filed in the Rules This airplane model is manufactured would not have substantial direct effects Docket. in France and is type certificated for on the States, on the relationship Commenters wishing the FAA to operation in the United States under the between the national government and acknowledge receipt of their comments provisions of section 21.29 of the the States, or on the distribution of submitted in response to this notice Federal Aviation Regulations (14 CFR power and responsibilities among the must submit a self-addressed, stamped 21.29) and the applicable bilateral various levels of government. Therefore, postcard on which the following airworthiness agreement. Pursuant to in accordance with Executive Order statement is made: ‘‘Comments to this bilateral airworthiness agreement, 12612, it is determined that this Docket Number 96–NM–46–AD.’’ The the DGAC has kept the FAA informed proposal would not have sufficient 39606 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules federalism implications to warrant the consequently, lead to undetected smoke or DEPARTMENT OF THE INTERIOR preparation of a Federalism Assessment. fire in the lavatory of the airplane; For the reasons discussed above, I accomplish the following: Bureau of Indian Affairs certify that this proposed regulation (1) (a) Within 500 flight hours after the is not a ‘‘significant regulatory action’’ effective date of this AD, perform an 25 CFR Part 92 under Executive Order 12866; (2) is not operational and functional test to verify if the RIN 1076±AD15 a ‘‘significant rule’’ under the DOT smoke detection system can detect smoke Regulatory Policies and Procedures (44 within 60 seconds, in accordance with Indian Tribal Justice Support FR 11034, February 26, 1979); and (3) if Airbus All Operators Telex AOT 26–16, AGENCY: promulgated, will not have a significant dated September 12, 1995. Bureau of Indian Affairs, economic impact, positive or negative, (1) If smoke is detected within 60 seconds, Interior. on a substantial number of small entities no further action is required by this AD. ACTION: Proposed rule. under the criteria of the Regulatory (2) If smoke is not detected within 60 SUMMARY: The Bureau of Indian Affairs Flexibility Act. A copy of the draft seconds, prior to further flight, clean the (BIA) is proposing to establish regulatory evaluation prepared for this installation/duct in accordance with the regulations as mandated by the Indian action is contained in the Rules Docket. AOT. Prior to further flight after Tribal Justice Act. The Indian Tribal A copy of it may be obtained by accomplishment of the cleaning, repeat the Justice Act requires the Secretary of the contacting the Rules Docket at the operational and functional test required by Interior to establish a base funding location provided under the caption paragraph (a) of this AD. (b) Within 10 days after accomplishing the formula for the distribution of ADDRESSES. inspection required by paragraph (a) of this appropriations. The BIA will use this List of Subjects in 14 CFR Part 39 AD, submit a report of the inspection results rule to determine the funding levels to Air transportation, Aircraft, Aviation (both positive and negative findings) to be awarded to eligible Indian tribes for safety, Safety. Airbus Industrie Customer Services, use in establishing or enhancing Attention Engineering Support, AI/SE–E23, 1 traditional or contemporary justice The Proposed Amendment Rond Point Maurice Bellonte, 31707 Blagnac systems. Accordingly, pursuant to the Cedex, France. Information collection DATES: Comments must be received on authority delegated to me by the requirements contained in this regulation or before September 30, 1996. have been approved by the Office of Administrator, the Federal Aviation ADDRESSES: Mail comments to Bettie Management and Budget (OMB) under the Administration proposes to amend part Rushing, Office of Tribal Services, provisions of the Paperwork Reduction Act of 39 of the Federal Aviation Regulations Bureau of Indian Affairs, Department of 1980 (44 U.S.C. 3501 et seq.) and have been (14 CFR part 39) as follows: the Interior, 1849 C St. NW, Mail Stop assigned OMB Control Number 2120–0056. (c) An alternative method of compliance or 4603–MIB, Washington, DC 20240; or, PART 39ÐAIRWORTHINESS hand deliver them to Room 4603 at the DIRECTIVES adjustment of the compliance time that provides an acceptable level of safety may be above address. Comments will be 1. The authority citation for part 39 used if approved by the Manager, available for inspection at this address continues to read as follows: Standardization Branch, ANM–113, FAA, from 9 a.m. to 4 p.m., Monday through Authority: 49 U.S.C. 106(g), 40113, 44701. Transport Airplane Directorate. Operators Friday beginning approximately 2 shall submit their requests through an weeks after publication of this § 39.13 [Amended] appropriate FAA Principal Maintenance document in the Federal Register. 2. Section 39.13 is amended by Inspector, who may add comments and then FOR FURTHER INFORMATION CONTACT: adding the following new airworthiness send it to the Manager, Standardization Bettie Rushing, Office of Tribal Services, directive: Branch, ANM–113. Bureau of Indian Affairs at telephone Airbus Industrie: Docket 96–NM–46–AD. Note 2: Information concerning the (202) 208–3463. Applicability: Model A300–600 and Model existence of approved alternative methods of SUPPLEMENTARY INFORMATION: The A310 series airplanes, on which Airbus compliance with this AD, if any, may be Indian Tribal Justice Act (ITJA) was Modification 10156 has not been installed; obtained from the Standardization Branch, enacted on December 3, 1993. Section certificated in any category. ANM–113. 103 of the ITJA requires the BIA to Note 1: This AD applies to each airplane (d) Special flight permits may be issued in develop a Base Support Funding identified in the preceding applicability accordance with sections 21.197 and 21.199 Formula in consultation with Indian provision, regardless of whether it has been of the Federal Aviation Regulations (14 CFR tribes, 25 U.S.C. 3613(c). The BIA will otherwise modified, altered, or repaired in 21.197 and 21.199) to operate the airplane to use the Base Support Funding Formula the area subject to the requirements of this AD. For airplanes that have been modified, a location where the requirements of this AD to distribute annual appropriations altered, or repaired so that the performance can be accomplished. under Section 201 of the ITJA, 25 U.S.C. of the requirements of this AD is affected, the Issued in Renton, Washington, on July 24, 3621. owner/operator must request approval for an 1996. A Base Funding Support Formula was alternative method of compliance in S.R. Miller, drafted by Carey Vicenti, former Special accordance with paragraph (c) of this AD. Assistant to the Director of the Office of The request should include an assessment of Acting Manager, Transport Airplane Tribal Services and presented to a group Directorate, Aircraft Certification Service. the effect of the modification, alteration, or representing the geographical areas repair on the unsafe condition addressed by [FR Doc. 96–19316 Filed 7–29–96; 8:45 am] served by the BIA, tribal courts, this AD; and, if the unsafe condition has not BILLING CODE 4910±13±U been eliminated, the request should include traditional courts, tribal judicial specific proposed actions to address it. conferences, Indian court clerks, Indian Compliance: Required as indicated, unless court judges, tribes, national support accomplished previously. organizations, and other justice systems, To ensure that dust accumulation in the September 21–23, 1994, in Reno, ducts does not reduce the effectiveness of the Nevada, at the National Judicial College. smoke detection system to detect smoke and, The purpose of the September 1994 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules 39607 meeting was to discuss the Base Support Indian tribes. The structure of the tribes will decrease until it represents Funding Formula and the survey of formula balances the interests of smaller 20 percent of the full appropriation tribal justice systems. tribes and tribes with larger authorization of $50 million, 25 U.S.C. This same funding formula was populations, larger land holdings, and 3621(b); this is calculated according to presented at the BIA Office of Tribal greater demographic features. the algebraic formula in § 92.17 which Services’ National Tribal Consultation Base support funding is the sum of provides a sliding proportion which in Albuquerque, New Mexico, June 20– the Minimum Funding and Factor-based changes as appropriations rise and fall. 22, 1995. Following an explanation of Funding, if any, available to a tribe. The proposed minimum funding the formula by Judge William S. Minimum Funding provides a flexible formula for total appropriations greater Christian, San Ildefonso Pueblo Tribal mechanism to fund small tribes, without than $20 million that is described in Court, lengthy discussion and regard to characteristics such as § 92.17(b) was derived by the algebraic modification, it was accepted by isolation, type of justice systems or stage derivation of the line illustrated in the consultation participants. This of development, caseload, or other graph below. This line is defined as the publication includes changes made in demographic information (see § 92.16). straight line that passes through two response to recommendations received Every tribe that applies for base support points: 100 percent minimum funding during and after the June 1995 National funding will receive Minimum Funding when the total appropriated base Tribal Consultation and the calculated according to § 92.17. In any support funding is $20 million, and 20 considerable work done by Judge year that the appropriation is $20 percent minimum funding when the Christian. million or less, the entire amount will total appropriated base support funding The proposed formula must be be set aside for Minimum Funding. is $50 million. This information was approved and published as a final rule When appropriations are greater than used to derive the following formula: before any appropriated base support $20 million, the amount set aside for Y=1.533333¥0.026667X funding may be made available to equal distribution among the requesting BILLING CODE 4310±02±P 39608 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules

BILLING CODE 4310±02±C tribal justice systems. 250 tribes apply The remainder of the appropriation is In this formula, Y is the proportion of for Minimum Funding; 240 tribes also allocated to the 290 tribes which the total appropriated base support apply for Factor-based Funding, with a applied for Factor-based Funding funding that is allocated for minimum total number of factor based points of according to their part of the cumulative funding, and X is the total appropriated 12,000. 22,230 points: 100 percent minus 73 base support funding in millions of $10 million is below the threshold percent times $30,000,000 divided by dollars. Y is calculated as 1.53333 level of $20 million for Factor-based 22,230 points=$359.88 per factor-based minus the product of 0.026667 and X. Funding, therefore, no Factor-based point. When the total appropriated base Funding would be available. The 250 A tribe requesting Base Support support funding is greater than $20 tribes would each receive Minimum Funding or Minimum Funding would million, the allocation of minimum Funding in the amount of 1/250 of $10 receive $73,332.30. If the same tribe also funding for each eligible tribe is million, or $40,000. submitted a request for Factor-based calculated in § 92.17(b) by dividing the Example B. Congress appropriates $30 Funding and scored 82 factor points, the product of Y and X by the number of million for base support funding of tribe would receive: $73,332.20 + eligible tribes. tribal justice systems. 300 tribes apply 82($359.88)=$102,842.09. Tribes documenting the factors listed for Minimum funding; 290 tribes also It is useful to note the effects that this in § 92.18 will also receive factor based apply for Factor-based Funding, with a formula will have on the funding that funding when the appropriation is total number of factor-based points of tribes will receive if appropriations vary greater than $20 million. Under such 22,230. from year to year. It appears that as circumstances, the factor-based points The amount appropriated exceeds the appropriation levels go from low to the for each eligible tribe will be scored by threshold level of $20 million for fully authorized level, the funding of BIA from the information which tribes Factor-based Funding. large tribes will generally rise; the submitted; the sum of factor-based First, the amount of Minimum funding levels of small tribes may not points for all eligible tribes will be Funding is calculated using the formula, rise and may decrease. The results tallied. The remainder of the Y equals 1.533333¥0.026667X. Y is the shown in the next example use the same appropriation not required for proportion of the appropriation to be basic situation as described in Example Minimum Funding will be divided by allocated for Minimum Funding and X B. Also, while requesting tribe L scores the sum of the factor-based points to is the total appropriation expressed in 82 factor points, requesting tribe S determine the value of each. Each tribe millions of dollars scores 8 factor points. The will then (when the appropriation is [1.533333¥0.026667(30)=0.73] In this appropriations are for several different greater than $20 million) receive total and in the following examples, levels as though they occurred in base support funding according to (1) intermediate calculations are not successive years. the number of factor-based points it has rounded; however, displayed results are Example C. 300 tribes apply for scored multiplied by the value per shown rounded to only two decimal Minimum Funding; 290 tribes also point, plus (2) a share of the Minimum places. Seventy-three percent (73%) of apply for Factor-based Funding, with a Funding as divided equally among all the appropriation is allocated for total number of factor-based points of tribes. Minimum funding and each tribe would 22,230. Requesting tribe L is eligible for Example A. Congress appropriates receive: .73($30,000,000)/ Minimum Funding and is scored for 82 $10 million for base support funding of 300¥$73,332.30. factor-based points; requesting tribe S is Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules 39609 also eligible for Minimum Funding and of factors such as population, case load, may increase the rate of civil collections is scored for 8 factor-based points. complexity of cases, etc. by private economic enterprises (2) Should the formula be revised so operating on or near Indian reservations. FY appro- Minimum Total Total that no tribe would receive a reduced In addition, there may be an increase in funding to Funding amount as appropriations increase? the number of civil claims made against priation ($ funding tribe L in to tribe S million) (percent) dollars in dollars Factor-based funding is a sliding private economic enterprises. proportion of each appropriation (see Executive Order 12630 13 100 43,333 43,333 § 92.17). Under the current formula, 19 100 63,333 63,333 smaller tribes will receive reduced The Department has determined that 21 97 70,199 68,335 funding when appropriations reach $31 this proposed rule does not have 30 73 102,843 76,211 million (see examples B and C above). ‘‘significant’’ takings implications. The 40 47 140,915 69898 The Department recommends that tribes proposed rule does not pertain to 50 20 180,882 47,726 consider a formula that distributes a ‘‘taking’’ of private property interests, portion of each appropriation equally nor does it impact private property. Base Support Funding will be made among all tribes and the remainder Executive Order 12612 available to each federally recognized above a specific threshold be distributed tribe that submits a timely application. based on factor-based points. For The Department has determined that Tribes must request Base Support example: if the threshold is $15 million this proposed rule does not have Funding through their respective area and $25 million is appropriated, $15 significant federalism effects because it offices within 20 days of the beginning million would be distributed equally pertains solely to Federal-tribal relations of each Federal fiscal year. Tribes not and the remaining $10 million would be and will not interfere with the roles, making a timely request will be distributed based on factor-based points. rights and responsibilities of states. excluded from funding for that fiscal year. Postmarks will govern timeliness Evaluation and Certification NEPA Statement and hand-carried materials will not be The authority to issue rules and The Department has determined that accepted. regulations is vested in the Secretary of this proposed rule does not constitute a This formula addresses only the ‘‘Base the Interior by 5 U.S.C. 301 and sections major Federal action significantly Support Funding Formula’’ 463 and 465 of the Revised Statutes, 25 affecting the quality of the human requirements of Section 103 of the ITJA, U.S.C. 2 and 9. environment and that no detailed 25 U.S.C. 3613. This rule does not statement is required pursuant to the Public Participation Statement include the authorization and National Environmental Policy Act of distribution of funds for the Office of Publication of the proposed rule by 1969. Tribal Justice Support, survey of tribal the Department of the Interior Paperwork Reduction Act of 1995 judicial systems, or tribal judicial (Department) provides the public an conferences (see 25 U.S.C. 3611, 3612, opportunity to participate in the Sections 92.16 and 92.19 contain 3614 and 3621). Regulations will be rulemaking process. Interested persons information collection requirements. As prepared, if necessary, at a later date. may submit written comments regarding required by the Paperwork Reduction The tribal self-governance, or the proposed rule to the location Act of 1995 (44 U.S.C. 3507(d)), the ‘‘compacting,’’ aspects of those Sections identified in the ‘‘addresses’’ section of Department of the Interior has will be considered then. this document. submitted a copy of these sections to the Office of Management and Budget The Department of the Interior Executive Order 12778 (OMB) for its review. (Department) requested that the Bureau The Department has certified to the Indian tribes and tribal organizations of Indian Affairs solicit comments to the are eligible for funds to develop, following: Office of Management and Budget (OMB) that these proposed regulations enhance, and continue the operation of (1) Should the threshold that triggers meet the applicable standards provided tribal justice systems and traditional the use of factor-based funding be in sections 2(a) and 2(b)(2) of Executive tribal justice systems. The information lowered to less than $20 million? If so, Order 12778. to be collected includes: Assurances to should a percentage of annual meet certain statutory requirements; a appropriations (for example 30%) or a Executive Order 12866 supporting tribal resolution; and fixed amount (for example $5 million) This proposed rule is a significant specific information regarding the tribe of annual appropriations be distributed regulatory action under Executive Order and its tribal justice system. equally among applicant tribes? 12866 and has been reviewed by the All information is to be collected The Department is concerned that no Office of Management and Budget. annually from each applicant. The funds have been appropriated for the annual reporting and recordkeeping Indian Tribal Justice Act and the Regulatory Flexibility Act burden for this collection of information Administration forecasts a decrease in This proposed rule will not have a is estimated to average 50 hours for each future Department of the Interior significant economic impact on a response for 554 respondents, including budgets, not an increase. In light of substantial number of small entities the time for reviewing instructions, budget projections which indicate it under the Regulatory Flexibility Act (5 searching existing data sources, will be difficult to secure funding for U.S.C. 601 et seq.). This proposed rule gathering and maintaining the data new initiatives such as tribal justice will determine the funding levels to be needed, and completing and review support, the Department questions awarded to tribes for the purposes of collection of information. Thus, the total whether any appropriation would be creating new or enhancing and annual reporting and recordkeeping large enough to reach the $20 million improving existing tribal court systems. burden for this collection is estimated to threshold for allocating factor-based In the event a tribe elects to receive be 27,700 hours. funding (see § 92.13(a)(2)). Funds would funding, there are likely to be Organizations and individuals then be distributed equally among improvements in the exercise of civil desiring to submit comments on the applicant tribes, without consideration jurisdiction by tribes. This improvement information collection requirement 39610 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules should direct them to the Office of Subpart BÐBase Support Funding Formula allotments, the Indian titles to which Information and Regulatory Affairs, for Indian Tribal Justice Systems have not been extinguished, including OMB, Room 10202, New Executive 92.10 What is the purpose of the base rights-of-way running through the same. Office Building, Washington, DC 20503; support funding formula for Indian tribal Indian reservation means any Attention: Desk Officer for the U.S. justice systems? Federally established Indian Department of the Interior. 92.11 What is base support funding? reservation, public domain Indian 92.12 How may tribes use base supporting? allotment, former Indian reservation in The Department considers comments 92.13 How is base support funding by the public on this proposed distributed? Oklahoma, or lands held by collection of information in— 92.14 Under what authority is base support incorporated Native groups, regional corporations, or village corporations Evaluating whether the proposed funding distributed? 92.15 Who is eligible to receive base under the provisions of the Alaska collection of information is necessary support funding? Native Claims Settlement Act (43 U.S.C. for the proper performance of the 92.16 How does a tribe, tribal organization 1601 et seq.). functions of the Department, including or tribal consortium apply for minimum Indian tribe means any Indian tribe, whether the information will have funding? band, nation, pueblo or other organized practical utility; 92.17 How is minimum funding calculated? group or community, including any Evaluating the accuracy of the 92.18 How does a tribe, tribal organization or tribal consortium apply for factor- Alaska Native entity, which administers Department’s estimate of the burden of based funding? justice under its inherent authority or the proposed collection of information, 92.19 How is factor-based funding the authority of the United States and including the validity of the calculated? which is recognized as eligible for the methodology and assumptions used; 92.20–92.100 [Reserved] special programs and services provided Enhancing the quality, usefulness, Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 13, by the United States to Indian tribes and clarity of the information to be 200, 3601, et seq. because of their status as Indians. collected; and Minimum Funding means a level of Subpart AÐPolicy and Definitions funding established by a formula as the Minimizing the burden of the minimum entitlement of a requesting collection of information on those who § 92.1 Policy. tribe. are to respond, including through the Tribal justice systems are an essential Must is used in place of shall and use of appropriate automated, part of tribal governments and serve as indicates a mandatory or imperative act electronic, mechanical, or other important forums for ensuring public or requirement. collection techniques or other forms of health and safety and the political Office of Tribal Justice Support means information technology. integrity of tribal governments. The the office established within the Bureau Congress, through statutes, treaties, and OMB is required to make a decision of Indian Affairs. the exercise of administrative concerning the collection of information Secretary means the Secretary of the authorities, has recognized the self- contained in these proposed regulations Interior. between 30 and 60 days after determination, self-reliance, and inherent sovereignty of Indian tribes to Traditional justice system means the publication of this document in the traditional judicial or dispute resolution Federal Register. Therefore, a comment establish their own form of government, including tribal justice systems. practices of the tribe. to the OMB is best assured of having its Tribal organization means the full effect if OMB receives it within 30 § 92.2 Definitions. recognized governing body of any days of publication. This does not affect Base support means the Federal funds Indian tribe or any legally established the deadline for the public to comment appropriated under the Indian Tribal organization of Indians which is to the Bureau of Indian Affairs on the Justice Act that are available for Indian controlled, sanctioned, or chartered by proposed regulations. Tribal Justice Support under 25 CFR such a governing body or which is Drafting Information part 92. democratically elected by the adult Base support funding formula means members of the Indian community to be The primary author of this document the formula for the base support of a served by the organization and which was Carey N. Vicenti, the former Special tribal justice system consisting of the includes the maximum participation of Assistant to the Director of the Office of sum of a Minimum Funding and Factor- Indians in all phases of its activities Tribal Services, Bureau of Indian based Funding. provided that where a contract is let or Affairs, Department of the Interior. Bureau means Bureau of Indian grant made to an organization to perform services benefitting more than List of Subjects in 25 CFR Part 92 Affairs. Closing date means the date one Indian tribe, each tribe must Indians—courts, Indians—law. advertised in the Federal Register as the approve before a contract or grant final date for the submission of an awarded. For the reasons given in the preamble, Indian Tribal Justice Act (ITJA) funding Tribal justice system means the entire part 92 of Title 25, chapter I of the Code request. judicial branch, and employees thereof, of Federal Regulations is proposed to be Courts of Indian Offenses means the of an Indian tribe, including (but not added as set forth below. courts established pursuant to 25 CFR limited to) traditional methods and part 11. forums for dispute resolution, lower PART 92ÐINDIAN TRIBAL JUSTICE Factor-based Funding means a level courts, appellate courts (including SUPPORT of funding established on the weight of intertribal appellate courts), alternative Subpart AÐPolicy and Definitions specified information and facts. dispute resolution systems, and circuit Sec. Indian country means all dependent rider systems, established by inherent 92.1 Policy. Indian communities within the borders tribal authority whether or not they 92.2 Definitions. of the United States whether within the constitute a court of record. 92.3 Information Collection. original or subsequently acquired Tribal official, means an elected 92.4–92.9 [Reserved]. territory thereof, and all Indian official or any other official designated Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules 39611 under tribal law to request ITJA resolution, victims services, probation negotiating its annual agreement or funding. and diversion programs, juvenile Indian Self-Determination and services, multidisciplinary Education Assistance Act agreement. § 92.3 Information collection. investigations of child abuse, traditional Requests must be received within 30 The information collection tribal judicial practices, traditional days of the beginning of each Federal requirement contained in §§ 92.16 and tribal justice systems, and traditional fiscal year. Postmarks will govern 19.19 will be approved by the Office of tribal methods of dispute resolution. timeliness and hand-carried materials Management and Budget under the will not be accepted. Tribes, tribal Paperwork Reduction Act of 1995, 44 § 92.13 How is base support funding organizations or tribal consortia not distributed? U.S.C. 3507(d), and assigned clearance making a timely request will be number —————————. The (a) Funds will be distributed, subject excluded from funding for that fiscal information is collected when tribes to the availability of appropriations. year. apply for base support funding for (1) Minimum funding is available to (b) In addition to the contracting, Indian tribal justice systems. each Indian tribe. In any year that the grant and funding agreement appropriation is $20 million or less, the requirements of the Indian Self- §§ 92.4±92.9 [Reserved] entire amount will be set aside for Determination and Education minimum funding and distributed Subpart BÐBase Support Funding Assistance Act, as amended, 25 U.S.C. equally. As appropriations increase 450 et seq., all requests for base support Formula for Indian Tribal Justice above $20 million to the full Systems funding must include a current authorization level of $50 million, the supporting tribal resolution(s), or such § 92.10 What is the purpose of the base amount set aside for minimum funding other written expression(s) as tribal laws support funding formula for Indian tribal will decrease proportionately to no less or practice require. justice systems? than 20 percent or $10 million. The purpose of the formula described (2) Factor-based funding is calculated § 92.17 How is minimum funding in this section is to provide an when appropriations for base funding calculated? allocation mechanism for funding to exceed $20 million. After all requesting (a) In any fiscal year in which the Indian tribes and tribal organizations for tribes have been allocated minimum total appropriated for base support the development, enhancement, and funding, the remaining sum is then funding is $20 million or less, the total continuing operation of tribal justice divided by the cumulative total of factor appropriation will be divided equally systems. points and distributed to the tribes among the tribes submitting a timely according to the factor points each has request. § 92.11 What is base support funding? scored. (b) In any fiscal year in which the Base support funding consists of (b) Base support funding (the sum of total appropriated for base support Federal funds appropriated under the minimum funding and factor-based funding is greater than $20 million, the Indian Tribal Justice Act for tribal funding) is not subject to tribal priority minimum funding for each tribe justice systems, 25 U.S.C. 3613. The allocations. submitting a timely request will be total available for Indian tribal justice (c) Tribes may supplement base determined by the following process. systems is subdivided into minimum support funding with funds received (1) The proportion of the total funding and factor-based funding. from any other source including the appropriation to be allocated for Bureau or any other Federal agency and minimum funding will be calculated by § 92.12 How may tribes use base support are not subject to this part. applying the following formula: funding? Y=1.533333¥0.026667X Base support funding may be used for: § 92.14 Under what authority is base (a) The planning, development, support funding distributed? Y is the proportion of the total appropriated enhancement and operation of tribal The Secretary may enter into base support funding that is allocated for minimum funding. X is the total justice systems; for the employment of agreements with Indian tribes, tribal organizations, or tribal consortia appropriated base support funding in judicial personnel; millions of dollars. (b) Training and continuing education pursuant to the Indian Self- for tribal judicial personnel; Determination and Education (2) The minimum funding for each (c) The acquisition, development and Assistance Act, as amended (25 U.S.C. tribe will then be calculated by applying maintenance of legal research 450 et seq.) for the development, the following formula: capacities; enhancement, and continuing operation M=YX÷N (d) For the development, revision, and of tribal justice systems and traditional M is the minimum funding in millions of publication of tribal codes, rules of tribal judicial practices by Indian tribal dollars for each tribe submitting a timely practice, rules of procedure, and governments. application. N is the total number of tribes submitting a timely application. standards of judicial performance and § 92.15 Who is eligible to receive base conduct; support funding? § 92.18 How does a tribe, tribal (e) The development and operation of Federally recognized Indian tribes, organization or tribal consortium apply for records management systems; for the tribal organizations, or tribal consortia factor-based funding? construction or renovation of facilities that submit timely applications. To be eligible for factor-based for tribal justice systems; funding, the applicant’s request for (f) The cost of membership and travel § 92.16 How does a tribe, tribal funding must include the information expenses for participation in national organization or tribal consortium apply for required in §§ 92.16 and 92.19. and regional organizations of tribal minimum funding? justice systems and other professional (a) Each tribe, including self- § 92.19 How is factor-based funding organizations; and governance tribes, tribal organization or calculated? (g) The development and operation of tribal consortium must submit a written The Bureau official responsible for innovative and culturally relevant request for minimum support funding to negotiating the annual Indian Self- programs, such as alternative dispute the Bureau official responsible for Determination and Education 39612 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules

Assistance Act agreement (responsible Miles Points fully or in large part dedicated to the Bureau official) will score each request court function will receive 5 points. for factor-based funding. The Up to 100 ...... 0 (9) Renovation (up to 4 Points). The responsible Bureau official will submit 100 to 200 ...... 4 cost of renovating an existing structure. documented scores for each requesting 201 and higher ...... 6 More than 50% of the facility must be tribe to the Office of Tribal Justice dedicated to judicial activities; the age Support. All documented scores will be (4) Jurisdiction (up to 10 Points). The of the facility will be calculated. totaled for one national sum. The extent to which an Indian tribe exercises national sum will be divided into the subject matter jurisdiction over various Age Points factor-based funding set aside to obtain areas available to it under notions of a dollar-per-point figure. The Federal Indian and Tribal law, 0±5 years ...... 0 5±10 years ...... 1 responsible Bureau official will including but not limited to: (i) Exercise of misdemeanor criminal 10±15 years ...... 2 calculate the factor-based funding for 16 years or older ...... 4 each tribe making a timely request. jurisdiction over tribal members and non-member Indians (3 Points). (a) Factors and the points assigned to (ii) Exercise of jurisdiction beyond the (10) Start-up costs (up to 10 Points). each factor. exterior boundaries of the reservation, A tribe that has no tribal justice system (1) Population to be served (up to 32 such as regulation of the conduct of will receive 10 points. points). tribal members, Indian Child Welfare (11) Economy (up to 6 Points). (i) Tribal enrollment. The number of Act (1 Point). Measures the percentage of the persons enrolled with the tribe: (iii) Exercise of jurisdiction to protect, population to be served that is conserve, and assure the quality, unemployed and/or below the For populations Points quantity, or access to natural resources applicable state poverty level. (1 Point). Up to 1,000 ...... 2 Percentage Points 1,001 to 3,000 ...... 4 (iv) Exercise of jurisdiction over familial matters, such as marriage and 3,001 to 12,000 ...... 7 0±8 ...... 0 12,001 to 30,000 ...... 10 dissolution, support and custody, child 8±15 ...... 4 30,001 to 100,000 ...... 15 abuse and dependency, juvenile 16 or higher ...... 6 100,001 and higher ...... 20 matters, guardianship and involuntary commitment of adults (2 Points). (b) The tribe will receive the (ii) Reservation Population. The (v) Exercise of jurisdiction over applicable point(s) for each number of transients and persons roadways, vehicles, and traffic within demonstrated factor. residing within the geographic area the exterior boundaries of the (c) After all requesting tribes have served by the tribe at the close of the reservation (1 Point). been allocated Minimum Funding, the prior Federal fiscal year. (vi) Exercise of appellate review of remaining sum will be divided by the trial level decision-making (2 Points). cumulative total of points. The resulting For populations Points (5) Caseload (up to 10 Points). The figure is the funding amount attributed number of cases heard in the preceding Up to 3,000 ...... 2 to each point (dollar-per-point). Federal fiscal year. The higher of the (d) Factor-based Funding is calculated 3,001 to 12,000 ...... 4 actual caseload or the presumptive 12,001 to 30,000 ...... 5 by multiplying the tribe’s score by the 30,001 to 50,000 ...... 8 caseload will be calculated. dollar-per-point. 50,001 to 100,000 ...... 10 100,001 and higher ...... 12 Number of annual cases Points §§ 92.20±92.100 [Reserved]. Dated: June 17, 1996. Up to 100 ...... 2 (2) Territory (up to 17 Points). 100 to 3,000 ...... 4 Ada E. Deer, (i) Number of acres classified as 3,001 to 5,000 ...... 6 Assistant Secretary—Indian Affairs. Indian Reservation. 5,001 to 10,000 ...... 8 [FR Doc. 96–18447 Filed 7–29–96; 8:45 am] 10,001 and higher ...... 10 BILLING CODE 4310±02±P Acreage Points (i) Actual Caseload. The actual Up to 1,000 ...... 1 caseload shall consist of the number of Office of Surface Mining Reclamation 1,000 to 10,000 ...... 3 cases heard and decided at the trial and 10,000 to 100,000 ...... 5 and Enforcement 100,001 and higher ...... 6 appellate level, or brought before traditional justice systems. 30 CFR Part 913 (ii) Presumptive Caseload. In lieu of (ii) Number of acres defined as Indian [SPATS No. IL±095±FOR] Country. an actual caseload, a tribe may estimate a rate of 1 case for every 5 reservation Illinois Regulatory Program Acreage Points residents. (6) Complexity of Cases (up to 3 AGENCY: Office of Surface Mining Up to 1,000 ...... 1 Points). Judicial review of, at least, 3 Reclamation and Enforcement (OSM), 1,000 to 10,000 ...... 3 civil cases involving complex legal Interior. 10,000 to 100,000 ...... 4 issues, as defined and documented by ACTION: Proposed rule; public comment 100,001 and higher ...... 5 the tribe. period and opportunity for public (7) Probation Services and Diversion hearing. (iii) Geographic isolation. The Programs (up to 3 Points). The provision distance in miles from the seat of tribal of probation services and diversion SUMMARY: OSM is announcing receipt of government to the nearest commercial programs. a proposed amendment to the Illinois and governmental center with a (8) Facilities (up to 5 Points). A tribe regulatory program (hereinafter the population of 50,000 or more. without an existing facility which is ‘‘Illinois program’’) under the Surface Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules 39613

Mining Control and Reclamation Act of Illinois submitted a proposed officials to prepare adequate responses 1977 (SMCRA). The proposed amendment to its program pursuant to and appropriate questions. amendment consists of a revision to the SMCRA. Illinois submitted the proposed The public hearing will continue on Illinois regulations pertaining to self- amendment at its own initiative. The the specified date until all persons bonding. The amendment is intended to provisions of Title 62, Illinois scheduled to speak have been heard. provide clarification of a term used in Administrative Code (IAC) that Illinois Persons in the audience who have not Illinois’ self-bonding regulations. proposes to amend is at 62 IAC 1800.23, been scheduled to speak, and who wish DATES: Written comments must be self-bonding. to do so, will be heard following those received by 4:00 p.m., e.s.t., August 29, Specifically, Illinois proposes to add who have been scheduled. The hearing 1996. If requested, a public hearing on the following definition at 62 IAC will end after all persons scheduled to the proposed amendment will be held 1800.23(a). speak and persons present in the on August 26, 1996. Requests to speak ‘‘Generally accepted accounting audience who wish to speak have been at the hearing must be received by 4:00 principles’’ means those principles generally heard. p.m., e.s.t. on August 14, 1996. accepted in the accounting profession for the Public Meeting preparation and certification of statements of ADDRESSES: Written comments and If only one person requests an requests to speak at the hearing should financial condition, including the standards adopted by the Financial Accounting opportunity to speak at a hearing, a be mailed or hand delivered to Roger W. Standards Board; provided, however, that for public meeting, rather than a public Calhoun, Director, Indianapolis, purposes of this section the Department may hearing, may be held. Persons wishing Indiana, at the address listed below. accept and rely upon statements of financial to meet with OSM representatives to Copies of the Illinois program, the condition prepared without reference to any discuss the proposed amendment may proposed amendment, a listing of any standard of the Financial Accounting request a meeting by contacting the Standards Board which the Director finds is scheduled public hearings, and all person listed under FOR FURTHER not relied upon by the bond rating services written comments received in response INFORMATION CONTACT. All such meetings to this document will be available for specified in subsection (b)(3)(A) below in rating securities. will be open to the public and, if public review at the addresses listed possible, notices of meetings will be below during normal business hours, III. Public Comment Procedures posted at the locations listed under Monday through Friday, excluding In accordance with the provisions of ADDRESSES. A written summary of each holidays. Each requester may receive 30 CFR 732.17(h), OSM is seeking meeting will be made a part of the one free copy of the proposed comments on whether the proposed Administrative Record. amendment by contacting OSM’s amendment satisfies the applicable Indianapolis Field Office. IV. Procedural Determinations program approval criteria of 30 CFR Roger W. Calhoun, Director, 732.15. If the amendment is deemed Executive Order 12866 Indianapolis Field Office, Office of adequate, it will become part of the This rule is exempted from review by Surface Mining Reclamation and Illinois program. the Office of Management and Budget Enforcement, Minton-Capehart (OMB) under Executive Order 12866 Federal Building, 575 North Written Comments (Regulatory Planning and Review). Pennsylvania Street, Room 301, Written comments should be specific, Indianapolis, IN 46204, Telephone: pertain only to the issues proposed in Executive Order 12988 (317) 226–6700. this rulemaking, and include The Department of the Interior has Illinois Department of Natural explanations in support of the conducted the reviews required by Resources, Office of Mines and commenter’s recommendations. section 3 of Executive Order 12988 Minerals, 524 South Second Street, Comments received after the time (Civil Justice Reform) and has Springfield, IL 62701–1787, indicated under DATES or at locations determined that, to the extent allowed Telephone (217) 782–4970. other than the Indianapolis Field Office by law, this rule meets the applicable FOR FURTHER INFORMATION CONTACT: will not necessarily be considered in the standards of subsections (a) and (b) of Roger W. Calhoun, Director, final rulemaking or included in the that section. However, these standards Indianapolis Field Office, Telephone: Administrative Record. are not applicable to the actual language (317) 226–6700. of State regulatory programs and Public Hearing SUPPLEMENTARY INFORMATION: program amendments since each such Persons wishing to speak at the public program is drafted and promulgated by I. Background on the Illinois Program hearing should contact the person listed a specific State, not by OSM. Under On June 1, 1982, the Secretary of the under FOR FURTHER INFORMATION sections 503 and 505 of SMCRA (30 Interior conditionally approved the CONTACT by 4:00 p.m., e.s.t. on August U.S.C. 1253 and 1255) and 30 CFR Illinois program. Background 14, 1996. The location and time of the 730.11, 732.15, and 732.17(h)(10), information on the Illinois program, hearing will be arranged with those decisions on proposed State regulatory including the Secretary’s findings, the persons requesting the hearing. Any programs and program amendments disposition of comments, and the disabled individual who has need for a submitted by the States must be based conditions of approval can be found in special accommodation to attend a solely on a determination of whether the the June 1, 1982, Federal Register (47 public hearing should contact the submittal is consistent with SMCRA and FR 23883). Subsequent actions individual listed under FOR FURTHER its implementing Federal regulations concerning the conditions of approval INFORMATION CONTACT. If no one requests and whether the other requirements of and program amendments can be found an opportunity to speak at the public 30 CFR Parts 730, 731, and 732 have at 30 CFR 913.15, 913.16, and 913.17. hearing, the hearing will not be held. been met. Filing of a written statement at the II. Description of the Proposed time of the hearing is requested as it National Environmental Policy Act Amendment will greatly assist the transcriber. No environmental impact statement is By letter dated July 16, 1996 Submission of written statements in required for this rule since section (Administrative Record No. IL–1804), advance of the hearing will allow OSM 702(d) of SMCRA (30 U.S.C. 1292(d)) 39614 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules provides that agency decisions on ENVIRONMENTAL PROTECTION emission limits, operational practices, proposed State regulatory program AGENCY and compliance provisions for each of provisions do not constitute major the three sources. 40 CFR Part 52 Federal actions within the meaning of I. Background section 102(2)(C) of the National [PA047±6936; FRL±5544±4] Environmental Policy Act (42 U.S.C. The national ambient air quality standard (NAAQS) for lead is 1.5 4332(2)(C)). Approval and Promulgation of Air micrograms of lead per cubic meter of Quality Implementation Plans; µ Paperwork Reduction Act Pennsylvania; Approval of Lead air ( g/m3), averaged over a calendar quarter (see 40 CFR 50.12). Regulations This rule does not contain Implementation Plan for an Area in Northeast Philadelphia, PA promulgated pursuant to Section 110 of information collection requirements that the Clean Air Act (Act) and codified at require approval by OMB under the AGENCY: Environmental Protection 40 CFR 51.117(a)(2) provide the each Paperwork Reduction Act (44 U.S.C. Agency (EPA). state implementation plan (SIP) must 3507 et seq.). ACTION: Proposed rule. contain a demonstration showing that the plan will attain and maintain the Regulatory Flexibility Act SUMMARY: EPA proposes full approval of standard in any area that has lead air the state implementation plan (SIP) The Department of the Interior has concentrations in excess of the national submitted by the Commonwealth of determined that this rule will not have ambient air quality standard Pennsylvania for the purpose of a significant economic impact on a concentration for lead, measured since bringing about the attainment of the January 1, 1974. substantial number of small entities national ambient air quality standard In 1988 the Philadelphia Department under the Regulatory Flexibility Act (5 (NAAQS) for lead. The implementation of Public Health, Air Management U.S.C. 601 et seq.). The State submittal plan was submitted by the Services (‘‘AMS’’) began monitoring which is the subject of this rule is based Commonwealth to satisfy certain lead concentrations in air at a site upon counterpart Federal regulations for Federal requirements for an approvable located at Castor and Delaware Avenues which an economic analysis was nonattainment area lead SIP for a in northeast Philadelphia. The site, prepared and certification made that portion of Philadelphia, Pennsylvania. designated as ITO (Site #0449), is in the such regulations would not have a This action is being taken under section vicinity of two sources which are not significant economic effect upon a 110 of the Clean Air Act. included in the lead SIP approved by substantial number of small entities. DATES: Comments must be received on EPA in 1984 (see 49 FR 30697). In seven Accordingly, this rule will ensure that or before August 29, 1996. (7) of the 12 calendar quarters of the years 1988, 1989, and 1990, the ITO site existing requirements previously ADDRESSES: Comments may be mailed to measured lead air concentrations in promulgated by OSM will be Makeba A. Morris, Chief, Technical excess of the national ambient air implemented by the State. In making the Assessment Section, Mailcode 3AT22, quality standard concentration for lead. determination as to whether this rule U.S. Environmental Protection Agency, The maximum quarterly average lead would have a significant economic Region III, 841 Chestnut Building, concentration, monitored in the fourth impact, the Department relied upon the Philadelphia, Pennsylvania 19107. µ data and assumptions for the quarter of 1990, was 2.95 g/m3. Copies of the documents relevant to this On July 6, 1992, EPA notified the counterpart Federal regulations. action are available for public Governor of Pennsylvania of its finding inspection during normal business Unfunded Mandates that, pursuant to section 110 (a)(2)(H)(ii) hours at the Air, Radiation, and Toxics of the Act, the Philadelphia portion of This rule will not impose a cost of Division, U.S. Environmental Protection the Pennsylvania SIP was substantially $100 million or more in any given year Agency, Region III, 841 Chestnut inadequate to attain and maintain the on any governmental entity or the Building, Philadelphia, Pennsylvania NAAQS for lead. Section 110(k)(5) of private sector. 19107; Department of Public Health, Air the Act requires the Commonwealth to Management Services, 321 University revise the SIP whenever a finding of List of Subjects in 30 CFR Part 913 Avenue, Philadelphia, Pennsylvania inadequacy is made. The adopted and 19104. Intergovernmental relations, Surface implemented SIP revision must be FOR FURTHER INFORMATION CONTACT: mining, Underground mining. submitted to EPA within 18 months Denis M. Lohman, (215) 566–2192, following notification of the State Dated: July 19, 1996. Technical Assessment Section Governor. Therefore, the SIP revision Charles E. Sandberg, (Mailcode 3AT22), at the EPA Region III was due January 6, 1994. Under section Acting Regional Director, Mid-Continent address above or via e-mail at 110(n)(2)(B) of the Act, attainment of the Regional Coordinating Center. [email protected]. While NAAQS must be demonstrated within 5 [FR Doc. 96–19337 Filed 7–29–96; 8:45 am] information may be requested via e- years of the date of issuance of a finding mail, comments must be submitted in BILLING CODE 4310±05±M of SIP inadequacy. In the SIP call letter writing to the EPA Region III address issued on July 6, 1992, EPA required above. that the NAAQS for lead be attained in SUPPLEMENTARY INFORMATION: On Philadelphia by July, 1995; therefore, September 30, 1994, the Pennsylvania within 3 years. Department of Environmental Resources On September 30, 1994, AMS, submitted a revision to its State through the Pennsylvania Department of Implementation Plan (SIP) for a portion Environmental Resources, submitted a of northeast Philadelphia. lead SIP revision request to EPA. The The revision consists of revised SIP revision contained attainment permits for three sources of lead demonstrations and compliance emissions. The revised permits specify provisions for three sources: Franklin Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules 39615

Smelting & Refining Corporation Source Emission Factors,’’ commonly (3) Emissions from the Furnace Yard (‘‘Franklin Smelting’’), at 3100 E. Castor referred to as AP–42. The baseline Enclosure will exhaust to three Avenue; MDC Industries, Inc. (‘‘MDC’’), inventory identified Franklin Smelting baghouses which will exhaust through a at Castor and Delaware Avenues; and as the primary cause of monitored common stack. The stack emission limit Anzon, Inc. (‘‘Anzon’’), at 2545 NAAQS exceedances, contributing over is 0.714 lb/hr. Aramingo Avenue. In this rulemaking 86 percent of the total emissions in the (4) Emissions inside the converter action on the Pennsylvania lead SIP, immediate vicinity during the time that building are controlled by two control EPA is proposing to approve a SIP the violations were recorded. Additional systems. Localized hoods over the revision requested by AMS taking into contributing sources included MDC and converters are exhausted to the consideration the specific facts Goldberg & Sons, Inc., contributing eight converter scrubber/baghouse system. summarized in this notice and (8) and five (5) percent of the total Lead emissions from this system are presented in a Technical Support emissions respectively. Goldberg & limited to 0.33 lb/hr. The converter Document which may be reviewed at Sons, Inc. has subsequently ceased building is exhausted to a baghouse and the EPA Region III address above. Thus, operation. AMS was not able to specify through the Tenolli stack. Lead EPA will consider any timely comments allowable emission rates for the emissions from the Tenolli stack are submitted within 30 days before taking identified sources. None of the sources limited to 0.413 lb/hr. final action on today’s proposal. have applicable emission limits for lead (5) Emissions from the shredder are required to be controlled by a baghouse. II. Today’s Action except as lead is regarded as particulate matter. For any given source the lead Lead emissions from the shredder stack A. Analysis of State Submission emissions could range from less than are limited to 0.0429 lb/hr. 1. Procedural Background one percent to nearly half of the Other provisions of the operating permit particulate matter emissions. specify additional control measures AMS held a public hearing on August EPA is proposing to approve the including the control of fugitive or non- 8, 1994, to entertain public comment on emissions inventory because it appears stack emissions by enclosing the the implementation plan for Franklin to be sufficiently accurate and emission points within buildings, Smelting, MDC, and Anzon. Following comprehensive to provide a basis for paving of roads, adoption of pollution the public hearing the plan was adopted determining the adequacy of the prevention techniques, and good by the Commonwealth and signed by attainment demonstration for this area operating practices. Additional details the Secretary, Pennsylvania Department consistent with the requirements of about the conditions of the operating of Environmental Resources on section 110(a)(2)(K) of the Clean Air permit may be obtained from the TSD. September 30, 1994, and submitted to Act. For further details see the EPA on September 30, 1994, as a MDC Industries, Inc. Technical Support Document (TSD). proposed revision to the SIP. MDC sources were identified as The SIP revision was reviewed by 3. Quantification of Emission Limits contributing to the lead nonattainment EPA to determine completeness in problem. Specific allowable lead accordance with the completeness The proposed SIP revision provides application of enforceable control emission rates were established for MDC criteria set out at 40 CFR Part 51, processes, each of which is required to Appendix V (1991), as amended by 57 measures through issuance, for each facility, of source-specific emission be controlled by a baghouse as follows: FR 42216 (August 26, 1991). The (1) Slag screening vented through submittal was found to be complete on limitations and other necessary requirements in the form of special baghouse 1 and limited to 0.047 lb/hr. March 20, 1995, and a letter dated (2) Abrasive sizing vented to baghouse operating license (permit) conditions. March 20, 1995, was forwarded to the 2 and limited to 0.095 lb/hr. Pennsylvania Department of The emission limitations contained in (3) Dryer vented to baghouse 5 and Environmental Resources indicating the each operating permit are consistent limited to 0.12 lb/hr. completeness of the submittal and the with the emission rate values used to The MDC processes are further limited next steps to be taken in the review demonstrate attainment in the to 84 hours per week of operation with process. In this action, EPA proposes to supporting modeling analyses. no restriction as to hours per day of approve the Pennsylvania’s lead SIP Franklin Smelting & Refining operation. Additional provisions of the revision submittal affecting Franklin operating permit limit visible emissions Franklin Smelting sources were Smelting, MDC, and Anzon and invites and require improved self-monitoring identified as contributing to the lead public comment on the action. by MDC’s personnel directed toward problem. New rules for lead emission controlling wind blown dust from 2. Accurate Emissions Inventory controls at the facility were established storage piles. Additional details about To be approved the plan must include as permit conditions attached to the conditions of the operating permit a comprehensive, accurate, current Franklin Smelting’s existing licenses for may be obtained from the TSD. inventory of actual emissions from all each lead process. Stack sources were sources of relevant pollutants in the identified with specific allowable lead Anzon, Inc. area. The emissions inventory should emission rates and will be controlled as To comply with federal SIP identify the locations of affected follows: requirements, the proposed SIP revision sources. The emissions inventory (1) The main blast furnace stack includes formal documentation of should also include a comprehensive, emissions, vented through a baghouse, attainment and provisions to maintain accurate, and current inventory of will be limited to 1.0 pounds per hour the lead NAAQS by Anzon. The 1984 allowable emissions in the area. of lead (lb/hr). Philadelphia lead SIP was submitted in AMS submitted an emissions (2) Emissions from tapping at the blast response to violations of the lead inventory based on stack tests of point furnace are controlled by two NAAQS recorded in the vicinity of the sources and fugitive source emission baghouses. Tapping Baghouse East has a Anzon facility. Subsequent to the rate estimates based on emission factors limit of 0.00926 lb/hr. Tapping approval of the 1984 lead SIP, Anzon published by EPA in a document Baghouse West has a limit of 0.00206 made significant operational entitled ‘‘Compilation of Stationary lb/hr. improvements under a compliance 39616 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules agreement with the City of Philadelphia not later than July 6, 1995. In addition the Pennsylvania SIP revision for to minimize lead emissions from its to the applicable control measures, this Philadelphia, which was submitted on facility. The terms of the compliance includes the applicable recordkeeping September 30, 1994. EPA is soliciting agreement are incorporated into the requirements which are addressed in public comments on issues discussed in permit for Anzon submitted with this the supporting technical information. this notice or on other relevant matters. SIP revision request. Quarterly averages Compliance for certain measures, such These comments will be considered for lead at ambient air monitoring sites as lead mass emission rates must be before taking final action. Interested in the vicinity of Anzon have shown determined in accordance with parties may participate in the Federal compliance with the lead NAAQS since appropriate test methods. The SIP rulemaking procedure by submitting 1987. provides that compliance of the lead written comments to the EPA Regional mass emission rates applicable to the office listed in the ADDRESSES section of 4. Demonstration Blast Complex, the Converter Complex this notice. The AMS conducted an attainment and the shredder at Franklin Smelting Proposed Action demonstration using dispersion will be determined in accordance with modeling to predict quarterly lead 40 CFR part 60, appendix A Reference EPA is proposing to approve the plan averages within 1 kilometer of Franklin Method 12 or EPA approved revision submitted to EPA for the Smelting. Monthly and quarterly alternatives. Initial tests and biannual Delaware and Castor Avenue area of averages were determined with the EPA retests are required. EPA finds these test northeast Philadelphia on September dispersion model ISCLT2. The EPA methods are appropriate for determining 30, 1994. Among other things, the screening model SCREEN2 was used to compliance because they, along with the Commonwealth of Pennsylvania has determine lead concentrations in required monitoring and recordkeeping, demonstrated that the Delaware and building cavity regions. Emission rates establish the continuing compliance Castor Avenue area of northeast from the operating permits for Franklin with the provisions of the attainment Philadelphia area would attain the lead Smelting and MDC Industries were demonstration. NAAQS by July 6, 1995. modeled along with area and volume The Commonwealth of Pennsylvania Nothing in this action should be sources at those facilities plus has a program that will ensure that the construed as permitting or allowing or background emissions from Delaware measures contained in the operating establishing a precedent for any future Avenue, nearby Interstate 95 and E. permits are adequately enforced. Each request for revision to any state Goldberg & Sons. Meteorological data permit contains explicit monitoring implementation plan. Each request for from the Philadelphia International requirements which are required to be revision to the state implementation airport for the years 1987 thru 1991 operable by July 1, 1994. Records of the plan shall be considered separately in were used for the modeling. This monitoring of specified parameters are light of specific technical, economic, demonstration indicates that the required to be maintained and available and environmental factors and in NAAQS for lead will be attained and on-site for inspection. Each facility is relation to relevant statutory and maintained in future years if Franklin also required to report, in writing within regulatory requirements. Smelting operates in compliance with twenty-four hours, any event occurring Under the Regulatory Flexibility Act, its permit. The demonstration predicted which may increase pollutant emissions 5 U.S.C. 600 et seq., EPA must prepare a maximum, or design, concentration in to the atmosphere. Periodic, either a regulatory flexibility analysis the second quarter of 1991 as 1.41 µg/ monthly or quarterly, reporting of assessing the impact of any proposed or m3, thus demonstrating attainment and specified compliance-related final rule on small entities. 5 U.S.C. 603 maintenance of the lead NAAQS. For a information is also required in each and 604. Alternatively, EPA may certify more detailed description of the permit. The TSD contains further that the rule will not have a significant attainment demonstration and the information on enforceability impact on a substantial number of small control strategy used, see the TSD requirements including: enforceable entities. Small entities include small accompanying this notice. emission limitations; test methods and businesses, small not-for-profit compliance schedules as appropriate; enterprises, and government entities 5. Enforceability Issues averaging times for compliance test with jurisdiction over populations of The operating permit issued to each methods; correctly cited references of less than 50,000. facility specifies maximum allowable incorporated methods/rules; and SIP approvals under section 110 and emission rates for specified point reporting and recordkeeping subchapter I, part D of the Clean Air Act sources and, in addition, specifies requirements. do not create any new requirements but selected operational practices and Under authority granted by the simply approve requirements that the schedules for installation of further Pennsylvania Air Pollution Control Act Commonwealth is already imposing. control measures. Each permit contains (35 P.S. §§ 4001–4015) the Therefore, because the Federal SIP compliance provisions and specifies Commonwealth of Pennsylvania has approval does not impose any new monitoring and recordkeeping delegated responsibility for the requirements, the Administrator requirements. Each permit further management of air quality in certifies that it does not have a addresses federal enforceability by Philadelphia to AMS. The provisions of significant impact on any small entities containing the provision: ‘‘This permit Chapter 133 of the Pennsylvania affected. Moreover, due to the nature of shall remain enforceable by the U.S. environmental regulations (25 Pa. Code the Federal-State relationship under the Environmental Protection Agency as § 133), effective September 11, 1971, CAA, preparation of a flexibility part of the State Implementation Plan establish procedures for approving local analysis would constitute Federal notwithstanding the expiration date of agencies or for rescinding or suspending inquiry into the economic this permit.’’ previously granted approval. reasonableness of state action. The Consistent with the attainment EPA’s review of this material Clean Air Act forbids EPA to base its demonstration described above, the SIP indicates that full compliance with the actions concerning SIPs on such revision requires that all affected proposed SIP revision will result in grounds. Union Electric Co. v. U.S. EPA, activities must be in full compliance attainment and maintenance of the lead 427 U.S. 246, 255–66 (1976); 42 U.S.C. with the applicable SIP provisions by NAAQS. EPA is proposing to approve 7410(a)(2). Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules 39617

Under Section 202 of the Unfunded 40 CFR Part 52 Radiation, and Toxics Division, U.S. Mandates Reform Act of 1995 Environmental Protection Agency, [PA065±4026b; FRL±5535±1] (‘‘Unfunded Mandates Act’’), signed Region III, 841 Chestnut Building, into law on March 22, 1995, EPA must Approval and Promulgation of Air Philadelphia, Pennsylvania 19107, and prepare a budgetary impact statement to Quality Implementation Plans; at the Pennsylvania Department of accompany any proposed or final rule Proposed Approval of State Environmental Protection, Bureau of Air that includes a Federal mandate that Implementation Plan Revision for the Quality, Rachel Carson State Office may result in estimated costs to State, Issuance of Federally Enforceable Building, 400 Market Street, P.O. Box local, or tribal governments in the General State Operating Permits and 8468, Harrisburg, Pennsylvania 17105– aggregate; or to the private sector, of General Plan Approvals Under 8468. $100 million or more. Under section Sections 110 and 112(l) FOR FURTHER INFORMATION CONTACT: 205, EPA must select the most cost- Michael H. Markowski, Mail Code effective and least burdensome AGENCY: Environmental Protection 3AT23, U.S. Environmental Protection alternative that achieves the objectives Agency (EPA). Agency, Region 3, 841 Chestnut of the rule and is consistent with ACTION: Proposed rule. Building, Philadelphia, Pennsylvania statutory requirements. Section 203 19107, (215) 566–2063. requires EPA to establish a plan for SUMMARY: EPA proposes to approve the SUPPLEMENTARY INFORMATION: See the informing and advising any small State Implementation Plan (SIP) information provided in the Direct Final governments that may be significantly revision submitted by the action of the same title which is located or uniquely impacted by the rule. Commonwealth of Pennsylvania for the in the Rules and Regulations Section of EPA has determined that the approval purpose of creating Federally this Federal Register. action proposed/promulgated does not enforceable conditions for sources of criteria air pollutants in general Authority: 42 U.S.C. 7401–7671q. include a Federal mandate that may Dated: June 26, 1996. result in estimated costs of $100 million operating permits and general plan Stanley L. Laskowski, or more to either State, local, or tribal approvals issued by the Commonwealth. governments in the aggregate, or to the In order to extend the federal Acting Regional Administrator, Region III. private sector. This Federal action enforceability of general State operating [FR Doc. 96–19206 Filed 7–29–96; 8:45 am] approves pre-existing requirements permits and general plan approvals to BILLING CODE 6560±50±P under State or local law, and imposes include hazardous air pollutants no new Federal requirements. (HAPs), EPA is also proposing approval 40 CFR Part 70 Accordingly, no additional costs to of Pennsylvania’s general operating State, local, or tribal governments, or to permit and general plan approval [NY001; FRL±5544±3] the private sector, result from this program regulations pursuant to Section action. 112(l) of the Act. In the Final Rules Clean Air Act Proposed Interim This action has been classified as a section of this Federal Register, EPA is Approval of Operating Permits Table 3 action for signature by the approving the Commonwealth’s SIP Program: State of New York revision as a direct final rule without Regional Administrator under the AGENCY: Environmental Protection procedures published in the Federal prior proposal because the Agency views this as a noncontroversial SIP Agency (EPA). Register on January 19, 1989 (54 FR ACTION: Proposed interim approval. 2214–2225), as revised by a July 10, revision and anticipates no adverse 1995 memorandum from Mary Nichols, comments. A detailed rationale for the SUMMARY: The EPA proposes interim Assistant Administrator for Air and approval is set forth in the direct final approval of the operating permits Radiation. The Office of Management rule and in the Technical Support program submitted by the State of New and Budget (OMB) has exempted this Document (TSD) for this rulemaking. If York for the purpose of complying with regulatory action from E.O. 12866 no adverse comments are received in Federal requirements for an approvable review. response to this proposed rule, no State program to issue operating permits The Administrator’s decision to further activity is contemplated in to all major stationary sources and to approve or disapprove the SIP revision relation to this rule. If EPA receives certain other sources. adverse comments, the direct final rule controlling lead emissions in DATES: Comments on this proposed Philadelphia will be based on whether will be withdrawn and all public action must be received in writing by it meets the requirements of section comments received will be addressed in August 29, 1996. a subsequent final rule based on this 110(a)(2) (A)–(K) and of the Clean Air ADDRESSES: Written comments should proposed rule. EPA will not institute a Act, as amended, and EPA regulations be addressed to Steven C. Riva, Chief, second comment period on this action. in 40 CFR Part 51. Permitting and Toxics Support Section, Any parties interested in commenting at the New York Region II Office listed List of Subjects in 40 CFR Part 52 on this action should do so at this time. below. Copies of the State’s submittal Environmental protection, Air DATES: Comments must be received in and other supporting information used pollution control, Incorporation by writing by August 29, 1996. in developing the proposed interim reference, Intergovernmental relations, ADDRESSES: Written comments on this approval as well as the Technical Lead, Reporting and recordkeeping action should be addressed to David Support Document are available for requirements. Arnold, Chief, Permit Programs Section, inspection during normal business Authority: 42 U.S.C. 7401–7671q. Mailcode 3AT23, U.S. Environmental hours at the following locations: Protection Agency, Region III, 841 EPA Region II, 290 Broadway (21st Dated: July 17, 1996. Chestnut Building, Philadelphia, Floor until July 19, 25th Floor after July Stanley L. Laskowski, Pennsylvania 19107. Copies of the 19), New York, New York 10007–1866, Acting Regional Administrator, Region III. documents relevant to this action are Attention: Steven C. Riva. [FR Doc. 96–19322 Filed 7–29–96; 8:45 am] available for public inspection during New York State Department of BILLING CODE 6560±50±P normal business hours at the Air, Environmental Conservation, 50 Wolf 39618 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules

Road, Room 608, Albany, New York for the State of New York with a letter to Title V, EPA interprets this also to 12233–1500, Attention: John Higgins. requesting EPA’s approval on November include rules that DEC promulgates FOR FURTHER INFORMATION CONTACT: 12, 1993 and Deputy Commissioner pursuant to section 111(d) of the Act, as Gerald DeGaetano, Permitting and David Sterman submitted a defined in 40 CFR part 60, subparts B Toxics Support Section, at the above supplemental package on June 17, 1996. and C, but that are approved by EPA EPA office in New York or at telephone These submittals contain a description under 40 CFR part 62. New York is also number (212) 637–4020. of how the DEC intends to implement deferring non-major sources, consistent SUPPLEMENTARY INFORMATION: the program consistent with the with part 70, until the Administrator requirements of the Act and 40 CFR part completes a rulemaking to determine I. Background and Purpose 70. The submittals include supporting how the Title V program should be As required under Title V of the Clean documentation such as evidence of the structured for non-major sources and Air Act (‘‘the Act’’) as amended (1990), procedurally correct adoption of the the appropriateness of any permanent EPA has promulgated rules which permitting rule, the permit application exemptions. New York’s regulation define the minimum elements of an form, and a description of the permanently exempts any source that approvable State operating permits compliance tracking and enforcement would be required to obtain a permit program and the corresponding program. On June 27, 1996 the Attorney solely because it is subject to Standards standards and procedures by which the General of New York submitted a legal of Performance for New Residential EPA will approve, oversee, and opinion stating that DEC has adequate Wood Heaters or the National Emission withdraw approval of State operating legal authority to carry out the program. Standard for Hazardous Air Pollutants permits programs (see 57 FR 32250 (July The Attorney General Legal Opinion for Asbestos, Standards for Demolition 21, 1992)). These rules are codified at was the final submission of the DEC’s and Renovation. (6 NYCRR 201–2 and Title 40 of the Code of Federal complete part 70 application. 201–6.1) Regulations (40 CFR) part 70. Title V of The analysis contained in this b. permit content (40 CFR 70.6): 6 the Act directs States to develop, and document focuses on the major portions NYCRR 201–6.5 requires that each submit to EPA for approval, programs of New York’s operating permits permit contain emission limitations and for issuing operating permits to all program submittal, including standards to ensure compliance with all major stationary sources and to certain regulations and program applicable requirements at the time of other sources. Due to pending litigation implementation, the permit fee permit issuance. Permits may also over several aspects of the part 70 rule demonstration, and provisions contain certain operational flexibility which was promulgated on July 21, implementing the requirements of requirements such as terms and 1992, part 70 is in the process of being sections 111 and 112 of Title I and of conditions for alternate operating revised. When the final revisions to part Title IV of the Act. This document also scenarios and for the trading of 70 are promulgated, the requirements of addresses the deficiencies in New emissions increases and decreases (to the revised part 70 may re-define EPA’s York’s submittal which will need to be the extent the applicable requirements criteria for the minimum elements of an corrected prior to full approval by EPA. provide for such trading) in the approvable State operating permits 2. Regulations and program permitted facility. If requested by the program and the corresponding implementation. applicant, permits can be issued that New York’s part 70 permitting standards and procedures by which EPA provide for emissions trading in the regulations are contained in Title 6 of will approve, oversee, and withdraw permitted facility solely for the purpose the Official Compilation of Codes, Rules approval of State operating permits of complying with a federally and Regulations of the State of New program submittals. Until the date on enforceable emissions cap independent York (‘‘6 NYCRR’’) Part 200; 201–1.1 to which the revisions to part 70 are of otherwise applicable requirements. 201–1.3, 201–1.5 to 201–1.10, 201–2, c. public participation (40 CFR 70.7): promulgated, the currently effective July 201–3, 201–6, 201–8 and Appendices A The public will be provided with notice 21, 1992 version of part 70 shall be used and B of Part 201; 482–2; 621.1, of, and an opportunity to comment on, as the basis for EPA’s review. 621.3(e), 621.3(f), 621.4(g), 621.5, 621.6, The Act directs States to develop and draft permits relating to initial permit 621.7, 621.9, 621.13 and 621.14; 624.3 submit these programs for EPA issuance, permit renewals, and and 624.12. New York’s regulations significant modifications (6 NYCRR approval. The EPA’s program review meet the main requirements of part 70 occurs pursuant to section 502 of the 621.6). as described below: d. permit modifications (40 CFR 70.7): Act and the part 70 regulations, which a. applicability (40 CFR 70.2 and Sources may apply for expedited permit together outline criteria for approval or 70.3): Sources required to obtain a part changes for minor permit modifications. disapproval. Where a program 70 permit under New York’s regulation Significant modifications must undergo substantially, but not fully, meets the include all major stationary sources as all part 70 permit issuance procedures requirements of part 70, EPA may grant defined in 6 NYCRR 201–2, any source (6 NYCRR 201–6.7). the program interim approval for a subject to a New Source Performance e. EPA oversight (40 CFR 70.8): Each period of up to 2 years. If EPA has not Standard, any source subject to a permit, renewal, and minor or fully approved a program by 2 years standard under section 112 of the Act significant modification is subject to after the November 15, 1993 date, or by (except that a source is not required to EPA oversight and veto (6 NYCRR 201– the end of an interim program, it must obtain a part 70 permit solely because 6.4). establish and implement a Federal it is subject to 112(r) of the Act), any f. insignificant activities (40 CFR program. affected source under the acid rain 70.5): The list of insignificant activities Proposed Action and Implications provisions of Title IV of the Act, and can be found at 6 NYCRR 201–3.2 any stationary source designated by the (‘‘Exempt Activities’’) and the list of A. Analysis of State Submission Administrator and added by the DEC trivial activities is found at 201–3.3. 1. Support materials. Commissioner pursuant to rulemaking. Please note that Activities can only be considered Thomas C. Jorling of the Department of while New York lists sources subject to insignificant or trivial if not subject to Environmental Conservation (DEC) a New Source Performance Standard in any applicable requirements. In submitted a part 70 permitting program 40 CFR part 60, et seq. as being subject addition, sources must not omit Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules 39619 emissions from insignificant or trivial within the first year, must submit the limited interim approval in order to activities from emission calculations to phase I application within twelve issue all permits over a five-year period. determine if a source is subject to the months after EPA approves the program However, because the enabling part 70 permit program. Insignificant to allow DEC to commence review of the legislation requires that initial permits activities must still be listed in the permit application. Phase II be issued within three years, Part 201 permit application while trivial applications, which contain all required was promulgated to provide for a three- activities do not need to be listed. In information, must be submitted in year transition period. Currently, New addition, 6 NYCRR 201–6.3(d)(7) accordance with the application York is re-proposing Appendix B of 6 provides that emissions from units at schedule in Appendix B of Part 201 (not NYCRR Part 201 ‘‘Transition Plan major stationary sources shall be yet complete—see item k. below). All Application Schedule’’ which will considered insignificant as long as they information identified in 40 CFR 70.5 is inform sources of when during the three are not subject to any applicable included in New York’s permit year period they must submit their requirements and meet the following application. Phase II permit applications. Appendix criteria: emissions of criteria i. prompt reporting: Part 70 requires B will be finalized prior to EPA’s contaminants do not exceed 2.5 tpy prompt reporting of deviations from the promulgation of final interim approval based on actual emissions, provided on- permit requirements. Section of New York’s part 70 program. site records are maintained to verify 70.6(a)(3)(iii)(B) requires the permitting 3. Permit fee demonstration. New these emissions, or 2.5 tpy based on authority to define ‘‘prompt’’ in relation York’s resource fee demonstration potential to emit; and emissions of a to the degree and type of deviation shows that the state will collect hazardous air pollutant do not exceed likely to occur and the applicable sufficient revenue to implement the 1000 lb/yr and/or 5000 lb/yr for any requirements. Although the permit Title V program. New York began combination of hazardous air pollutants program regulations should define collecting permit fees on January 1, except where the Administrator has ‘‘prompt’’ for purposes of administrative 1994 at $25 per ton of regulated established lower thresholds for a efficiency and clarity, an acceptable pollutants up to 6000 tons annually of specific hazardous air pollutant or major alternative is to define ‘‘prompt’’ in each each regulated pollutant. This rate of source threshold (emissions can be individual permit. In general, the EPA $25 per ton was adjusted by the based on actual emissions if on-site believes that ‘‘prompt’’ should be Consumer Price Index (CPI) [base year records are maintained or on potential defined as requiring reporting within 1994]. New York’s resource fee emissions if records are not kept); and two to ten days for deviations that may demonstration shows that New York result in emission increases. Two to ten the emission unit does not utilize air will collect the equivalent of EPA’s days is sufficient time in most cases to pollution control devices or is not presumptive minimum because New protect public health and safety as well limited by an emission cap to meet the York’s cap on fees is 2000 tons higher as to provide a forewarning of potential above criteria. than the cap assumed for the g. enforcement authority (40 CFR problems. For deviations resulting in presumptive minimum and because 70.11): Section 71–2103(1) of New low levels of excess emissions, a longer New York has ramp-up funds available York’s Environmental Conservation Law time period may be acceptable. Where to cover the four year period provided provides that civil penalties shall be ‘‘prompt’’ is defined in the individual in the resource fee demonstration. EPA recoverable in an amount up to $10,000 permit but not in the program agrees that New York’s fee, although per day per violation for a first violation regulations, EPA may veto permits that and $15,000 per day for subsequent do not contain sufficient permit based on a different year for the CPI, can violations. Section 71–2103(1) also conditions for the prompt reporting of be considered equivalent to the provides for injunctive authority. deviations. New York’s 6 NYCRR 201– presumptive minimum and should be Section 71–2105(1) provides that for 6.5(c)(3)(i) requires submittal of reports sufficient to support the Title V program willful violations criminal fines of up to of any required monitoring at least every (EPA’s presumptive minimum assumes $10,000 per day per violation and/or six months. 201–6.5(c)(3)(ii) provides use of the 1989 base year CPI). In imprisonment are available in the case that permit deviations must be reported addition, New York is required to report of a first violation and criminal fines of with the monitoring reports required in annually to the Governor, Legislature, up to $15,000 per day per violation and/ 201–6.5(c)(3)(i) unless DEC specifies a and Office of State Comptroller on its or imprisonment are available in the different reporting requirement in the program costs, revenue and progress. case of a second or further violation. permit. DEC must issue permits which EPA will review these reports to ensure Pursuant to 72–0201(12) of the require prompt reporting of deviations. that New York’s fee is sufficient to cover Environmental Conservation Law, any Absent this, EPA may veto permits. program costs after the program has person who fails to pay fees shall pay j. emergency: In 201–1.5, New York been in effect for one to two years. a penalty of 50% of the unpaid fee provides for the affirmative defense to As specified in the enabling amount plus interest. If the source an action brought for noncompliance legislation and 6 NYCRR 482–2, fees continues not to pay its fees, New York with emission limitations or permit shall be based on actual emissions for may exercise its authority under 6 conditions as long as the source follows the prior calendar year, as demonstrated NYCRR 481.8 to revoke or suspend the specific procedures consistent with 40 to DEC’s satisfaction, or in the absence title V permit. The source could then be CFR 70.6(g). New York defines of such demonstration, on permitted subject to civil and criminal liability for ‘‘emergency’’ in 201–2 consistent with emissions, or, where there is no permit, operating without a permit. § 70.6(g) and limits the applicability to on potential to emit. Furthermore, New h. complete application forms (40 technology-based requirements under York’s enabling legislation establishes a CFR 70.5): 6 NYCRR 201–6.2 and 201– the permit or State-established emission special account entitled ‘‘operating 6.3 define what elements must be in an limitations. permit account’’ under the Clean Air application in order for it to be complete k. Transition Plan: New York Fund to cover the reasonable direct and during the first phase application currently plans to issue permits to all indirect costs of developing and submittal and second phase application sources within three years. Originally, administering New York’s operating submittal. All sources, except those when proposing Part 201, New York had permits program and the small business required to submit the entire application planned to request source category- stationary source technical and 39620 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules environmental compliance assistance requires that a State’s program contain Act. By incorporating by reference, New program. adequate authorities, adequate resources York has the authority to include the 4. Provisions implementing Section for implementation, and an expeditious applicable requirements of Title IV in 112 of the Act. a. authority for section compliance schedule, which are also permits and to enforce such 112 implementation: New York has requirements under part 70. Therefore, requirements. 201–6.6(b) also provides demonstrated in its Title V program the EPA is also proposing to grant additional information for facilities submittal adequate legal authority to approval under section 112(l)(5) and 40 subject to the Acid Rain Program and implement and enforce all section 112 CFR 63.91 of the State’s program for clarifies that, where an applicable requirements through the Title V receiving delegation of section 112 requirement of the Act is more stringent permit. This legal authority is contained standards that are unchanged from the than the regulations promulgated under in New York’s enabling legislation and Federal standards as promulgated. New Title IV, both requirements will be in regulatory provisions defining York has informed EPA that it intends incorporated into the permit. ‘‘applicable requirements’’ in that the to accept delegation of section 112 B. Options for Approval/Disapproval permit must incorporate all applicable standards through either: case-by-case and Implications requirements. EPA has determined that rule adoption; or incorporation by this legal authority is sufficient to allow reference of the Federal regulation into 1. Interim approval. The EPA is New York to issue permits that assure State regulation. The details of this proposing to grant interim approval to compliance with all section 112 delegation mechanism are set forth in a the operating permits program requirements, including section 112(r). letter dated June 18, 1996 in which New submitted by New York on November b. implementation of section 112(g): York requested delegation of section 112 12, 1993 and supplemented on June 17 The EPA issued an interpretive notice standards and section 111 New Source and 27, 1996. New York must make the on February 14, 1995 (60 FR 8333), Performance Standards. This program following changes to receive full which outlines EPA’s revised applies to both existing and future program approval within eighteen interpretation of 112(g) applicability. standards and covers both part 70 and months of EPA’s final approval to grant The notice postpones the effective date non-part 70 sources. However, New interim approval program status: of 112(g) until after EPA has York does not intend to take delegation i. New York’s definition of ‘Regulated promulgated a rule addressing that of the 112(r) program, but will still Air Pollutant’ in 6 NYCRR 200.1(bq) is provision. The notice sets forth in detail implement the appropriate permit not consistent with the definition in 40 the rationale for the revised conditions relevant to the risk CFR 70.2 since it fails to include interpretation. management program in part 70 pollutants regulated under section The section 112(g) interpretive notice permits. In addition, this delegation 112(r) of the Act. Part 70 includes in the explains that EPA is still considering does not include National Emission definition of Regulated Air Pollutant whether the effective date of section Standards for Hazardous Air Pollutants ‘‘any pollutant subject to a standard 112(g) should be delayed beyond the for Asbestos, Standards for Demolition promulgated under section 112 or other date of promulgation of the Federal rule and Renovation. requirements established under section so as to allow states time to adopt rules 5. Provisions implementing Section 112 of the Act, including sections implementing the Federal rule, and that 111 of the Act. As requested in the letter 112(g), (j), and (r) of the Act * * *’’. EPA will provide for any such dated June 18, 1996, the EPA is New York’s definition of regulated air additional delay in the final section approving New York’s request for pollutant only includes hazardous air 112(g) rulemaking. Unless and until delegation of all existing New Source pollutants which New York defines by EPA provides for such an additional Performance Standards promulgated providing a list of the 112(b) pollutants. postponement of section 112(g), New pursuant to section 111 of the Act In order to receive full approval, New York must be able to implement section except for 40 CFR part 60, subpart AAA, York must include in the definition not 112(g) during the period between Standards of Performance for New only hazardous air pollutants but also promulgation of the Federal section Residential Wood Heaters. pollutants regulated under section 112(g) rule and the adoption of New New York also commits to implement 112(r) of the Act. As a note, the August York rules implementing EPA’s section appropriately the existing and future 31, 1995 revisions to part 70 proposed 112(g) regulations or New York’s requirements of sections 111, 112 and to eliminate 112(r) pollutants from the incorporation by reference of the 112(g) 129 of the Act, and all MACT standards definition of regulated air pollutant. regulations. promulgated in the future, in a timely Therefore, if the revisions to part 70 are The EPA is proposing to approve New manner. promulgated as proposed prior to the York’s preconstruction permitting Currently, 6 NYCRR Part 200.10(d), expiration of EPA’s interim approval of program, found in 6 NYCRR Part 201, Table 4, does not include 40 CFR part New York’s program, New York may not under the authority of Title V and part 63, subpart D—Compliance Extensions need to address this issue in order to 70 solely for the purpose of for Early Reductions of HAPs. In receive full approval. implementing section 112(g) to the addition, 6 NYCRR Part 200.10(b), Table ii. Under the reporting requirements extent necessary during the transition 2, is missing 40 CFR part 60, subpart of 6 NYCRR 201–6.5(c)(3)(ii), New York period between Title V approval and WWW—New Source Performance provides that a permittee can seek to adoption of a State rule implementing Standards for Landfills. New York must have a violation excused as provided in EPA’s section 112(g) regulations. use its minor rulemaking procedures to 201–1.4 if such violations are reported c. program for straight delegation of incorporate by reference these federal as required in 201–1.4(b). [Note: section 112 standards: Requirements for rules. Although 201–1.4 is part of the state approval, specified in 40 CFR 70.4(b), 6. Provisions implementing Title IV of regulation pending approval into the encompass section 112(l)(5) the Act. In 6 NYCRR 200.10(e), Table 5, State Implementation Plan (SIP), similar requirements for approval of a program New York has incorporated by reference provisions are already part of the for delegation of section 112 General the provisions of 40 CFR parts 72 currently-approved SIP at 201.5. Part Provision Subpart A and standards as through 78 for purposes of 201–1.4 is not part of the Title V promulgated by EPA as they apply to implementing an acid rain program that regulation.] The language in 201–1.4 part 70 sources. Section 112(l)(5) meets the requirements of Title IV of the that provides the DEC Commissioner Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules 39621 discretion to excuse violations of any provided for in the SIP and if the the last category of sources in which applicable emission standard for alternative emission limit is determined fugitives must be included in necessary scheduled equipment to be equivalent to the limit contained determining applicability to only those maintenance, start-up/shutdown in the SIP. source categories in which the conditions, malfunctions, and upsets if iv. New York’s regulation does not Administrator has made an affirmative such violations are unavoidable and the provide for one of the three elements decision under section 302(j) of the Act. permittee meets certain conditions and defined to provide operational Therefore, if part 70 is promulgated as reporting requirements only applies to flexibility under section 502(b)(10) of proposed prior to the expiration of SIP requirements or State-only the Act. 40 CFR 70.2 defines ‘‘section EPA’s interim approval of New York’s requirements. This provision does not 502(b)(10) changes’’ as changes that program, New York may not need to extend to other Federal requirements contravene an express permit term as address this issue in order to receive full such as NSPS, NESHAPs or PSD/NSR long as such changes would not violate program approval. (although some Federal requirements, applicable requirements or contravene vi. 6 NYCRR 201–6.5(f)(3) on such as some NSPS rules, provide for an federally enforceable permit terms and emissions trading under the SIP does affirmative defense). In order to receive conditions that are monitoring, not include the gatekeeper of 40 CFR full approval, New York must add a recordkeeping, reporting, or compliance 70.4(b)(12) which states that changes do sentence to 6 NYCRR 201–6.5(c)(3)(ii) certification requirements. Because 40 not need to undergo a permit revision as which clarifies that the discretion to CFR 70.4(b)(12)(i) requires that State long as the changes are not excuse a violation under 201–1.4 will part 70 programs allow for such modifications under any provision of not extend to Federal requirements flexibility, New York must add to its Title I of the Act. 6 NYCRR 201–6.5(f)(4) unless the specific Federal requirement program this type of flexibility in order on emissions trading under a cap does provides for the affirmative defense to receive full program approval. not include the two gatekeepers of 40 during start-ups, shutdowns, However, the August 29, 1994 proposal CFR 70.4(b)(12) which state that malfunctions, or upsets. to revise part 70 would remove the changes do not need to undergo a definition of ‘‘section 502(b)(10) permit revision as long as the changes iii. 40 CFR 70.6 provides that permits changes’’ and requests comment on are not modifications under any can include alternative emission limits, narrowing the types of changes eligible provision of Title I of the Act and the equivalent to those contained in the SIP, under section 502(b)(10) to emissions changes do not exceed the emissions as long as the SIP allows for alternative trading and not to changes that allowable under the permit. While New emission limits to be made through the contravene a permit condition. York’s enabling legislation includes permit issuance, renewal or significant Therefore, if the revisions to part 70 are these gatekeepers under ECL § 19– modification process. However, New promulgated as proposed prior to the 0311(p), EPA believes that the York’s language as found in 6 NYCRR expiration of EPA’s interim approval of gatekeepers should also be in the 201–6.5(a)(1)(ii) is overly broad in that New York’s program, New York may not regulations, because it will be the it allows DEC to provide for an need to address this issue in order to regulations that sources will be alternative emission limit through the receive full program approval. referencing to submit applications and part 70 permit issuance, renewal or v. New York’s definition of ‘‘major to comply with New York’s operating significant modification process at any source’’ at 6 NYCRR 201–2(b)(21) is not permits program. Therefore, in order for time, regardless of whether such an consistent with the definition in 40 CFR New York to receive full approval, the alternative emission limit is allowed for 70.2. In 40 CFR 70.2, the last category gatekeepers in 40 CFR 70.4(b)(12) must in a particular regulation approved into in the list of 27 categories of stationary be added to New York’s Part 201 rule. the SIP. New York’s rule also fails to sources in which fugitive emissions vii. 40 CFR 70.7(e)(2)(i)(B) states that restrict such alternative emission limits must be included to determine if a minor permit modification procedures to only those limits that are equivalent source is subject to Title V includes may be used for permit modifications to the limits in the SIP. Therefore, this ‘‘* * * all other stationary source involving the use of economic would allow DEC to issue permits with categories regulated by a standard incentives, marketable permits, alternative emission limits regardless of promulgated under section 111 or 112 of emissions trading, and other similar whether such limits were determined to the Act, but only with respect to those approaches ‘‘to the extent that such be ‘‘equivalent’’. The intent of part 70 is air pollutants that have been regulated minor permit modification procedures to only grant alternative emission limits for that category.’’ New York’s rule are explicitly provided for in an if allowed for in a State rule that limits this last provision to source applicable implementation plan or in provides criteria for determining categories for which EPA has completed applicable requirements promulgated by equivalency and if that rule has been a rulemaking under 302(j) of the Act. EPA’’. 6 NYCRR 201–6.7(c)(2), which approved by EPA into the SIP. Therefore, New York’s rule would only provides for use of minor modification Furthermore, New York frequently require fugitives to be included in procedures for permit modifications refers to variances in its rules and these determining applicability for sources in involving the use of economic variances are not equivalent emissions. categories subject to a New Source incentives and marketable permits, does When the state proposes to approve Performance Standard established prior not include the language quoted above. such variances, EPA generally identifies to August 7, 1980. Because New York’s In order to receive full program these as requiring SIP revisions (e.g., rule is less stringent than the current approval, New York must revise its rule they cannot be handled through permit part 70 rule which requires all NSPS to provide that minor modification revision procedures until first approved sources to include fugitives for those air procedures can only be used for these as a source-specific SIP revision (see pollutants that have been regulated for types of changes if explicitly provided Table in 40 CFR 52.1679)). In order to that category, New York needs to revise for in the underlying SIP or EPA rule. receive full approval, New York must its definition of major source to be However, as a note, EPA is revising the change this provision so that it is consistent with the definition in part 70. permit revision procedures in part 70. equivalent to 40 CFR 70.6(a)(1)(iii), in However, as a note, revisions to part 70 Therefore, if part 70 is promulgated in that permits will only include were proposed on August 29, 1994 and such a way that this is no longer an alternative emission limitations if August 31, 1995 which would change issue before the expiration of EPA’s 39622 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules interim approval of New York’s case, if, six months after application of has jurisdiction. See, e.g., 59 FR 55813, program, New York may not need to the first sanction, New York still has not and 55815–55818 (November 9, 1994). address this issue in order to receive full submitted a corrective program that EPA The term ‘‘Indian Tribe’’ is defined program approval. finds complete, the second sanction will under the Act as ‘‘any Indian tribe, viii. 40 CFR 70.4(b)(3)(xii) requires be applied. band, nation, or other organized group that petitions for judicial review be filed If, following final interim approval, or community, including any Alaska no later than 90 days after the final EPA disapproves New York’s complete Native village, which is Federally permit action, or such shorter time as corrective program for full approval, recognized as eligible for the special the State shall designate. While New EPA will be required to apply one of the programs and services provided by the York’s law allows DEC to adopt a 90 day section 179(b) sanctions on the date 18- United States to Indians because of their statute of limitations for judicial review months after the effective date of the status as Indians.’’ See section 302(r) of of final permit actions, DEC prefers to disapproval, unless prior to that date the Act; see also 59 FR 43956, and retain the four month statute of New York has submitted a revised 43962 (August 25, 1994); and 58 FR limitations as provided in Article 78 of program and EPA has determined that it 54364 (October 21, 1993). the New York Civil Practice Law and corrected the deficiencies that prompted Rules. However, in order for New York the disapproval. Moreover, if the III. Administrative Requirements to be consistent with part 70 and receive Administrator finds a lack of good faith A. Request for Public Comments full approval, New York must adopt a on the part of New York, both sanctions The EPA is requesting comments on 90 day statute of limitations through under section 179(b) shall apply after all aspects of this proposed interim rulemaking. As a note, the August 29, the expiration of the 18-month period approval. Copies of the State’s submittal 1994 revisions to part 70 propose to until the Administrator determines that and other information relied upon for extend the filing date of requesting New York had come into compliance. In the proposed interim approval are judicial review from 90 days to 125 all cases, if, six months after EPA contained in a docket maintained at the days. Therefore, if part 70 is applies the first sanction, New York has EPA Regional Office located in New promulgated as proposed prior to 6 not submitted a revised program that York and at the DEC office in Albany. months before the expiration of EPA’s EPA has determined corrected the The docket is an organized and interim approval of New York’s deficiencies that prompted disapproval, complete file of all the information program, New York may not need to a second sanction is required. submitted to, or otherwise considered In addition to the above, discretionary address this issue in order to receive full by, EPA in the development of this sanctions may be applied where program approval. proposed rulemaking. The principal 2. Federal oversight and sanctions. warranted any time after the expiration purposes of the docket are: This interim approval extends for a of an interim approval period if New (1) to allow interested parties a means period of up to 2 years. During the York has not timely submitted a to identify and locate documents so that interim approval period, the State is complete corrective program or EPA has they can effectively participate in the protected from sanctions for failure to disapproved a corrective program approval process; and have a program, and EPA is not submittal. Moreover, if EPA has not (2) to serve as the record in case of obligated to promulgate a Federal granted full approval to a New York judicial review. The EPA will consider permits program in the State. Permits program by the expiration of an interim any comments received by August 29, issued under a program with interim approval, EPA must promulgate, 1996. approval have full standing with respect administer and enforce a Federal to part 70, and the 1-year time period for permits program for New York upon B. Executive Order 12866 submittal of permit applications by interim approval expiration. The Office of Management and Budget subject sources begins upon EPA’s 3. Other actions. Requirements for has exempted this action from Executive granting of interim approval, as does the approval, specified in 40 CFR 70.4(b), Order 12866 review. 3-year time period for processing the encompass section 112(l)(5) approval initial permit applications. requirements for delegation of section C. Regulatory Flexibility Act Following final interim approval, if 112 standards as promulgated by EPA as The EPA’s actions under section 502 New York fails to submit a complete they apply to part 70 sources. Section of the Act do not create any new corrective program for full approval by 112(l)(5) requires that the State’s requirements, but simply address the date six months before expiration of program contain adequate authorities, operating permits programs submitted the interim approval, EPA would start adequate resources for implementation, to satisfy the requirements of 40 CFR an 18-month clock for mandatory and an expeditious compliance part 70. Because this action does not sanctions. If New York then fails to schedule, which are also requirements impose any new requirements, it does submit a corrective program that EPA under part 70. Therefore, the EPA is also not have a significant impact on a finds complete before the expiration of proposing to grant approval under substantial number of small entities. that 18-month period, EPA is required section 112(l)(5) and 40 CFR 63.91 of to apply one of the two sanctions listed the State’s program for receiving D. Unfunded Mandates Act in section 179(b) of the Act, and, once delegation of section 112 standards that Under section 202 of the Unfunded applied, the sanction will remain in are unchanged from Federal standards Mandates Reform Act of 1995 effect until EPA determines that New as promulgated for both part 70 and (‘‘Unfunded Mandates Act’’), signed York has corrected the deficiency by non-part 70 sources. In addition, EPA is into law on March 22, 1995, EPA must submitting a complete corrective also delegating to New York all existing prepare a budgetary impact statement to program. Moreover, if the Administrator section 111 standards. accompany any proposed or final rule finds a lack of good faith on the part of The scope of the New York part 70 that includes a federal mandate that New York, both sanctions under section program approved in this notice applies may result in annual estimated costs to 179(b) will apply after the expiration of to all part 70 sources (as defined in the State, local, or tribal governments in the the 18-month period until the approved program) within the State of aggregate, or to the private sector, of Administrator determines that New New York, except any sources of air $100 million or more. Under section York had come into compliance. In any pollution over which an Indian Tribe 205, EPA must select the most cost Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules 39623 effective and least burdensome or more to either State, local, or tribal List of Subjects in 40 CFR Part 70 alternative that achieves the objectives governments in the aggregate, or to the Environmental protection, of the rule and is consistent with private sector. This federal action Administrative practice and procedure, statutory requirements. Section 203 approves pre-existing requirements Air pollution control, Intergovernmental requires EPA to establish a plan for under State or local law, and imposes relations, Operating permits, Reporting informing and advising any small no new federal requirements. and recordkeeping requirements. governments that may be significantly Accordingly, no additional costs to Authority: 42 U.S.C. 7401–7671q. or uniquely impacted by the rule. State, local, or tribal governments, or to Dated: July 18, 1996. EPA has determined that the the private sector, result from this proposed approval action being action. Jeanne M. Fox, promulgated today does not include a Regional Administrator. federal mandate that may result in [FR Doc. 96–19325 Filed 7–29–96; 8:45 am] annual estimated costs of $100 million BILLING CODE 6560±50±P 39624

Notices Federal Register Vol. 61, No. 147

Tuesday, July 30, 1996

This section of the FEDERAL REGISTER ASSASSINATION RECORDS REVIEW 124–10099–10294; 9; 0; n/a contains documents other than rules or BOARD 124–10099–10295; 4; 0; n/a proposed rules that are applicable to the 124–10099–10301; 3; 0; n/a public. Notices of hearings and investigations, Notice of Formal Determinations, 124–10099–10303; 3; 0; n/a committee meetings, agency decisions and Releases, Reconsiderations, and 124–10099–10304; 3; 0; n/a rulings, delegations of authority, filing of Corrections petitions and applications and agency 124–10099–10305; 3; 0; n/a 124–10099–10306; 3; 0; n/a statements of organization and functions are AGENCY: Assassination Records Review 124–10158–10396; 1; 0; n/a examples of documents appearing in this Board. section. 124–10173–10458; 1; 0; n/a SUMMARY: The Assassination Records 124–10247–10167; 1; 0; n/a Review Board (Review Board) met in a 124–10249–10291; 1; 0; n/a DEPARTMENT OF AGRICULTURE closed meeting on July 9–10, 1996, and 124–10099–10307; 4; 0; n/a made formal determinations on the 124–10099–10313; 2; 0; n/a Forest Service release of records under the President 124–10100–10220; 9; 0; n/a John F. Kennedy Assassination Records 124–10100–10315; 19; 0; n/a Blue Mountains Natural Resources Collection Act of 1992 (Supp. V 1994) 124–10126–10138; 3; 0; n/a Institute, Board of Directors, Pacific (JFK Act). By issuing this notice, the 124–10126–10309; 5; 0; n/a Northwest Research Station, Oregon Review Board complies with the section 124–10126–10313; 10; 0; n/a of the JFK Act that requires the Review 124–10129–10032; 2; 0; n/a AGENCY; Forest Service, USDA. Board to publish the results of its 124–10138–10017; 4; 0; n/a decisions on a document-by-document ACTION: Notice of meeting. 124–10138–10068; 3; 0; n/a basis in the Federal Register within 14 124–10139–10034; 5; 0; n/a days of the date of the decision. 124–10142–10001; 5; 0; n/a SUMMARY: The Blue Mountains Natural FOR FURTHER INFORMATION CONTACT: T. 124–10142–10004; 8; 0; n/a Resources Institute (BMNRI) Board of Jeremy Gunn, General Counsel and 124–10142–10014; 5; 0; n/a Directors will meet on September 5, Associate Director for Research and 124–10142–10018; 3; 0; n/a 1996, at Eastern Oregon State College, Analysis, Assassination Records Review 124–10142–10019; 3; 0; n/a Hoke Hall, Room 309, 1410 L. Avenue, Board, Second Floor, Washington, D.C. 124–10142–10023; 3; 0; n/a in La Grande, Oregon. The meeting will 20530, (202) 724–0088, fax (202) 724– 124–10142–10025; 18; 0; n/a begin at 9:00 a.m. and continue until 0457. 124–10142–10027; 5; 0; n/a 4:00 p.m. Agenda items to be covered SUPPLEMENTARY INFORMATION: This 124–10142–10032; 5; 0; n/a will include: (1) program status; (2) notice complies with the requirements 124–10142–10033; 4; 0; n/a research results of specific projects; (3) of the President John F. Kennedy 124–10142–10034; 5; 0; n/a outreach activities; (4) follow-up of Assassination Records Collection Act of 124–10142–10035; 3; 0; n/a Interior Columbia Basin Ecosystem 1992, 44 U.S.C. § 2107.9(c)(4)(A) (1992). 124–10142–10036; 5; 0; n/a Management Project; (5) public On July 9–10, 1996, the Review Board 124–10142–10038; 5; 0; n/a comments. All BMNRI Board Meetings made formal determinations on records 124–10142–10042; 5; 0; n/a are open to the public. Interested it reviewed under the JFK Act. These 124–10142–10045; 5; 0; n/a citizens are encouraged to attend. determinations are listed below. The 124–10146–10014; 3; 0; n/a Members of the public who wish to assassination records are identified by 124–10146–10056; 5; 0; n/a make a brief oral presentation at the the record identification number 124–10146–10201; 19; 0; n/a meeting should contact Larry Hartmann, assigned in the President John F. 124–10146–10238; 2; 0; n/a BMNRI, 1401 Gekeler Lane, La Grande, Kennedy Assassination Records 124–10157–10038; 3; 0; n/a Oregon 97850, 541–962–6537, no later Collection database maintained by the 124–10231–10425; 3; 0; n/a than 5:00 p.m. September 4, 1996, to National Archives. 124–10247–10206; 15; 0; n/a 124–10247–10438; 4; 0; n/a have time reserved on the agenda. Notice of Formal Determinations 124–10247–10454; 3; 0; n/a FOR FURTHER INFORMATION CONTACT: For each document, the number of 124–10247–10457; 4; 0; n/a Direct questions regarding this meeting releases of previously redacted 124–10248–10041; 5; 0; n/a to Larry Hartmann, Manager, BMNRI, information immediately follows the 124–10248–10238; 3; 0; n/a 1401 Gekeler Lane, La Grande, Oregon record identification number, followed 124–10248–10286; 4; 0; n/a 97850, 541–962–6537. in turn by the number of postponements 124–10250–10054; 5; 0; n/a sustained, and, where appropriate, the Dated: July 23, 1996. 124–10252–10006; 8; 0; n/a date the document is scheduled to be 124–10254–10264; 4; 0; n/a Larry Hartmann, released or re-reviewed. 124–10255–10111; 7; 0; n/a Manager. FBI Documents: Open in Full 124–10256–10013; 10; 0; n/a [FR Doc. 96–19300 Filed 7–29–96; 8:45 am] 124–10023–10258; 1; 0; n/a 124–10276–10115; 66; 0; n/a BILLING CODE 3410±11±M 124–10035–10387; 10; 0; n/a 124–10276–10122; 30; 0; n/a 124–10086–10022; 1; 0; n/a CIA Documents: Open in Full 124–10099–10262; 12; 0; n/a 104–10012–10052; 4; 0; n/a 124–10099–10267; 2; 0; n/a 104–10015–10331; 4; 0; n/a 124–10099–10274; 28; 0; n/a 104–10017–10084; 26; 0; n/a Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39625

104–10048–10108; 8; 0; n/a 124–10232–10485; 2; 3; 07/2006 104–10006–10262; 5; 7; 05/1997 104–10048–10115; 3; 0; n/a 124–10232–10499; 2; 3; 07/2006 104–10006–10263; 2; 1; 05/1997 104–10048–10118; 16; 0; n/a 124–10234–10191; 13; 2; 07/2006 104–10006–10264; 2; 1; 05/1997 104–10051–10054; 2; 0; n/a 124–10234–10205; 1; 1; 07/2006 104–10006–10265; 2; 1; 05/1997 104–10051–10130; 10; 0; n/a 124–10234–10239; 47; 3; 07/2006 104–10006–10267; 3; 2; 05/1997 104–10051–10151; 3; 0; n/a 124–10240–10223; 12; 2; 07/2006 104–10006–10268; 2; 1; 05/1997 104–10051–10190; 4;0; n/a 124–10240–10455; 3; 3; 07/2006 104–10006–10269; 4; 3; 05/1997 HSCA Documents: Open in Full 124–10243–10183; 15; 7; 07/2006 104–10006–10270; 3; 5; 05/1997 180–10001–10167; 1; 0; n/a 124–10246–10143; 2; 2; 07/2006 104–10006–10271; 3; 3; 05/1997 180–10084–10394; 1; 0; n/a 124–10247–10130; 7; 7; 07/2006 104–10006–10272; 2; 1; 05/1997 180–10087–10283; 1; 0; n/a 124–10247–10142; 23; 3; 07/2006 104–10006–10273; 4; 4; 05/1997 180–10090–10444; 1; 0; n/a 124–10247–10436; 1; 1; 07/2006 104–10006–10274; 2; 1; 05/1997 180–10097–10101; 1; 0; n/a 124–10247–10439; 2; 3; 07/2006 104–10006–10275; 2; 1; 05/1997 NARA Documents: Open in Full 124–10249–10160; 5; 6; 07/2006 104–10006–10276; 5; 3; 07/2006 179–20001–10172; 1; 0; n/a 124–10249–10164; 25; 7; 07/2006 104–10006–10277; 2; 1; 05/1997 179–30003–10262; 1; 0; n/a 124–10250–10015; 3; 3; 07/2006 104–10006–10278; 2; 1; 05/1997 FBI Documents: Postponed in Part 124–10250–10041; 2; 3; 07/2006 104–10006–10279; 4; 5; 05/1997 124–10003–10311; 2; 1; 07/2006 124–10254–10013; 32; 1; 07/2006 104–10006–10280; 2; 1; 05/1997 124–10023–10254; 1; 2; 10/2017 124–10250–10276; 13; 1; 07/2006 104–10006–10282; 4; 5; 05/1997 124–10043–10119; 2; 1; 07/2006 124–10252–10005; 2; 2; 07/2006 104–10006–10283; 3; 2; 05/1997 124–10049–10003; 74; 8; 07/2006 124–10252–10015; 16; 2; 07/2006 104–10006–10284; 2; 7; 12/1996 124–10062–10390; 2; 2; 07/2006 124–10253–10005; 1; 1; 07/2006 104–10006–10286; 5; 6; 07/2006 124–10073–10140; 30; 2; 07/2006 124–10253–10007; 2; 2; 07/2006 104–10006–10287; 8; 7; 05/1997 124–10074–10103; 74; 8; 07/2006 124–10253–10026; 2; 2; 07/2006 104–10006–10288; 2; 3; 05/1997 124–10086–10009; 8; 7; 07/2006 124–10254–10093; 1; 1; 07/2006 104–10006–10289; 2; 1; 05/1997 124–10126–10077; 74; 8; 07/2006 124–10254–10107; 4; 2; 07/2006 104–10006–10290; 2; 1; 05/1997 124–10138–10061; 74; 8; 07/2006 124–10254–10147; 19; 8; 07/2006 104–10006–10291; 3; 3; 05/1997 124–10151–10487; 1; 2; 10/2017 124–10254–10161; 28; 1; 07/2006 104–10006–10292; 2; 1; 05/1997 124–10250–10032; 2; 1; 07/2006 124–10254–10188; 34; 5; 07/2006 104–10006–10293; 9; 9; 05/1997 124–10100–10235; 4; 5; 07/2006 124–10262–10178; 12; 4; 07/2006 104–10006–10294; 2; 1; 05/1997 124–10100–10246; 1; 2; 07/2006 124–10262–10179; 7; 4; 07/2006 104–10006–10295; 2; 1; 05/1997 124–10100–10254; 15; 9; 07/2006 124–10270–10221; 16; 4; 07/2006 104–10006–10296; 5; 11; 05/1997 124–10100–10255; 2; 2; 07/2006 124–10270–10226; 4; 4; 07/2006 104–10006–10297; 6; 4; 07/2006 124–10100–10264; 0; 1; 07/2006 124–10270–10232; 4; 4; 07/2006 104–10006–10299; 144; 142; 07/2006 124–10101–10176; 3; 4; 07/2006 CIA Documents: Postponed in Part 104–10006–10300; 3; 4; 07/2006 124–10101–10246; 8; 4; 07/2006 104–10001–10004; 0; 2; 05/1997 104–10006–10301; 1; 4; 07/2006 124–10126–10410; 2; 2; 07/2006 104–10001–10174; 0; 1; 05/2001 104–10007–10010; 1; 3; 05/1997 124–10129–10259; 3; 1; 10/2017 104–10003–10210; 0; 2; 05/1997 104–10007–10311; 1; 2; 05/2001 124–10131–10005; 3; 1; 10/2017 104–10004–10276; 14; 8; 07/2006 104–10007–10345; 5; 3; 10/2017 124–10132–10071; 0; 1; 10/2017 104–10004–10297; 0; 1; 05/2001 104–10009–10021; 0; 2; 10/2017 124–10132–10074; 0; 2; 10/2017 104–10005–10220; 1; 1; 05/1997 104–10009–10121; 1; 2; 05/1997 124–10134–10071; 1; 1; 07/2006 104–10005–10258; 4; 1; 05/2001 104–10010–10032; 6; 3; 07/2006 124–10134–10083; 6; 5; 07/2006 104–10005–10376; 0; 1; 05/1997 104–10011–10101; 0; 1; 05/2001 124–10138–10066; 3; 4; 07/2006 104–10005–10421; 0; 1; 05/1997 104–10012–10008; 0; 1; 05/1997 124–10142–10008; 3; 3; 07/2006 104–10006–10026; 0; 1; 05/1997 104–10012–10018; 9; 2; 07/2006 124–10142–10015; 2; 2; 07/2006 104–10006–10037; 12; 10; 07/2006 104–10012–10022; 3; 4; 12/1996 124–10142–10030; 2; 3; 07/2006 104–10006–10139; 97; 186; 07/2006 104–10012–10035; 3; 7; 12/1996 124–10142–10102; 8; 1; 07/2006 104–10006–10154; 3; 1; 07/2006 104–10012–10050; 5; 1; 10/2017 124–10142–10404; 4; 4; 07/2006 104–10006–10240; 2; 1; 05/1997 104–10012–10051; 7; 3; 10/2017 124–10142–10407; 8; 2; 07/2006 104–10006–10241; 2; 1; 05/1997 104–10012–10066; 18; 4; 05/1997 124–10142–10436; 10; 2; 07/2006 104–10006–10242; 2; 1; 05/1997 104–10013–10196; 2; 2; 07/2006 124–10152–10007; 3; 1; 10/2017 104–10006–10243; 7; 5; 05/1997 104–10013–10220; 10; 2; 07/2006 124–10001–10256; 32; 1; 07/2006 104–10006–10244; 2; 1; 05/1997 104–10014–10025; 1; 2; 10/2017 124–10112–10041; 32; 1; 07/2006 104–10006–10245; 6; 7; 05/1997 104–10015–10147; 13; 13; 05/1997 124–10146–10022; 3; 3; 07/2006 104–10006–10246; 2; 1; 05/1997 104–10015–10148; 17; 29; 05/1997 124–10151–10495; 18; 2; 07/2006 104–10006–10247; 9; 3; 07/2006 104–10015–10436; 5; 1; 07/2006 124–10158–10040; 15; 7; 07/2006 104–10006–10248; 5; 4; 05/1997 104–10016–10050; 8; 10; 05/1997 124–10162–10030; 32; 1; 07/2006 104–10006–10249; 2; 1; 05/1997 104–10017–10001; 17; 1; 05/1997 124–10162–10033; 1; 1; 07/2006 104–10006–10250; 2; 1; 05/1997 104–10017–10002; 3; 5; 12/1996 124–10169–10117; 4; 4; 07/2006 104–10006–10251; 4; 10; 05/1997 104–10017–10006; 12; 2; 07/2006 124–10170–10280; 15; 7; 07/2006 104–10006–10252; 3; 6; 05/1997 104–10017–10031; 12; 1; 05/1997 124–10171–10477; 13; 2; 07/2006 104–10006–10253; 4; 5; 07/2006 104–10017–10046; 5; 1; 05/2001 124–10173–10126; 6; 1; 07/2006 104–10006–10254; 2; 5; 05/1997 104–10017–10077; 9; 2; 07/2006 124–10173–10355; 72; 2; 07/2006 104–10006–10255; 3; 2; 05/1997 104–10018–10062; 14; 2; 12/1996 124–10173–10363; 76; 2; 07/2006 104–10006–10256; 3; 3; 05/1997 104–10018–10070; 16; 10; 07/2006 124–10174–10362; 4; 7; 07/2006 104–10006–10257; 2; 1; 05/1997 104–10018–10083; 1; 1; 10/2017 124–10176–10330; 6; 4; 07/2006 104–10006–10258; 5; 7; 05/1997 104–10048–10010; 87; 97; 12/1996 124–10185–10073; 32; 1; 07/2006 104–10006–10260; 2; 1; 05/1997 104–10048–10016; 3; 1; 12/1996 124–10228–10465; 4; 4; 07/2006 104–10006–10261; 2; 1; 05/1997 104–10048–10052; 8; 2; 07/2006 39626 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

104–10048–10053; 9; 13; 05/1997 104–10049–10217; 1; 2; 10/2017 104–10056–10111; 10; 8; 07/2006 104–10048–10058; 10; 15; 12/1996 104–10049–10218; 1; 7; 10/2017 104–10056–10125; 8; 7; 07/2006 104–10048–10061; 17; 3; 07/2006 104–10049–10221; 2; 2; 12/1996 104–10056–10128; 10; 8; 07/2006 104–10048–10063; 35; 24; 05/2001 104–10050–10009; 6; 1; 05/1997 104–10056–10136; 1; 1; 07/2006 104–10048–10070; 0; 1; 05/2001 104–10050–10010; 7; 1; 05/2001 104–10056–10211; 2; 2; 12/1996 104–10048–10075; 5; 3; 05/1997 104–10050–10011; 12; 2; 05/1997 104–10058–10009; 1; 7; 10/2017 104–10048–10079; 11; 1; 10/2017 104–10050–10017; 0; 2; 05/2001 HSCA Documents: Postponed in Part 104–10048–10091; 11; 1; 10/2017 104–10050–10019; 1; 1; 05/2001 180–10072–10186; 1; 6; 10/2017 180–10087–10119; 0; 1; 10/2017 104–10048–10093; 10; 1; 10/2017 104–10050–10020; 0; 3; 05/2001 104–10048–10096; 12; 1; 10/2017 104–10050–10021; 4; 1; 05/2001 Notice Of Additional Openings in Full 104–10048–10098; 11; 1; 10/2017 104–10050–10023; 1; 2; 05/2001 After consultation with appropriate 104–10048–10113; 12; 1; 05/1997 104–10050–10024; 6; 1; 05/2001 Federal Agencies, the Review Board 104–10048–10123; 2; 7; 10/2017 104–10050–10026; 9; 1; 05/2001 announces that the following Federal 104–10048–10150; 8; 8; 12/1996 104–10050–10029; 7; 1; 05/2001 Bureau of Investigation records are now 104–10048–10151; 12; 9; 12/1996 104–10050–10033; 3; 1; 05/2001 being opened in full: 124–10018–10479; 104–10048–10167; 0; 1; 05/2001 104–10050–10035; 5; 2; 05/2001 124–10023–10218; 124–10027–10112; 104–10048–10169; 4; 2; 05/2001 104–10050–10038; 2; 3; 05/2001 124–10027–10123; 124–10027–10187; 104–10048–10170; 3; 1; 05/1997 104–10050–10043; 7; 1; 05/1997 124–10027–10196; 124–10035–10063; 104–10048–10174; 2; 1; 05/2001 104–10050–10045; 2; 2; 05/2001 124–10035–10192; 124–10035–10217; 104–10048–10176; 17; 9; 07/2006 104–10050–10046; 3; 2; 05/2001 124–10035–10257; 124–10035–10262; 104–10048–10178; 9; 2; 07/2006 104–10050–10048; 2; 1; 05/1997 124–10035–10281; 124–10035–10313; 104–10048–10181; 8; 6; 05/2001 104–10050–10049; 1; 1; 05/1997 124–10062–10320; 124–10063–10181; 104–10048–10183; 8; 2; 07/2006 104–10050–10050; 8; 1; 05/1997 124–10071–10249; 124–10079–10108; 104–10048–10193; 1; 2; 12/1996 104–10050–10054; 11; 1; 05/1997 104–10048–10197; 1; 13; 12/1996 104–10050–10072; 8; 1; 05/1997 124–10079–10174; 124–10079–10388; 104–10048–10202; 4; 3; 05/1997 104–10050–10074; 10; 1; 05/2001 124–10079–10406; 124–10079–10410; 104–10048–10204; 0; 8; 12/1996 104–10050–10076; 15; 4; 12/1996 124–10079–10477; 124–10081–10373; 104–10048–10206; 3; 2; 05/1997 104–10050–10087; 10; 4; 05/1997 124–10083–10079; 124–10084–10178; 104–10048–10213; 7; 3; 12/1996 104–10050–10089; 1; 1; 05/1997 124–10084–10186; 124–10086–10203; 104–10048–10217; 2; 1; 05/1997 104–10050–10091; 1; 1; 05/1997 124–10096–10240; 124–10100–10234; 104–10048–10220; 0; 2; 05/2001 104–10050–10099; 0; 1; 05/2001 124–10100–10247; 124–10100–10248; 104–10048–10222; 1; 1; 05/1997 104–10050–10101; 2; 3; 05/2001 124–10102–10045; 124–10102–10081; 104–10048–10236; 1; 7; 12/1996 104–10050–10103; 0; 1; 05/2001 124–10102–10112; 124–10105–10198; 104–10048–10242; 2; 1; 05/1997 104–10050–10106; 7; 4; 05/1997 124–10108–10094; 124–10108–10133; 104–10048–10246; 6; 1; 07/2006 104–10050–10131; 0; 1; 05/2001 124–10108–10241; 124–10108–10259; 104–10048–10247; 0; 1; 05/1997 104–10050–10133; 2; 3; 05/1997 124–10108–10269; 124–10108–10271; 104–10048–10248; 10; 5; 05/1997 104–10050–10135; 0; 1; 05/2001 124–10108–10284; 124–10108–10285; 104–10048–10249; 8; 1; 07/2006 104–10050–10138; 7; 4; 05/1997 124–10108–10286; 124–10108–10287; 104–10048–10251; 11; 8; 07/2006 104–10050–10141; 0; 1; 05/2001 124–10108–10338; 124–10108–10351; 104–10048–10252; 6; 6; 07/2006 104–10050–10142; 0; 1; 05/2001 124–10110–10150; 124–10110–10159; 104–10048–10259; 0; 1; 10/2017 104–10050–10146; 1; 1; 05/2001 124–10119–10252; 124–10119–10269; 104–10048–10262; 0; 1; 05/1997 104–10050–10153; 3; 1; 05/1997 124–10119–10277; 124–10119–10309; 104–10048–10321; 2; 1; 05/1997 104–10050–10165; 2; 3; 05/2001 124–10119–10315; 124–10119–10405; 104–10048–10325; 2; 1; 05/2001 104–10050–10166; 3; 3; 05/2001 124–10126–10065; 124–10126–10212; 104–10048–10326; 4; 2; 05/2001 104–10050–10183; 2; 1; 05/2001 124–10126–10242; 124–10126–10273; 104–10048–10327; 9; 2; 07/2006 104–10050–10188; 80; 5; 05/2001 124–10126–10362; 124–10128–10008; 104–10048–10329; 0; 2; 05/2001 104–10050–10200; 15; 5; 12/1996 124–10128–10020; 124–10128–10064; 104–10048–10331; 11; 8; 07/2006 104–10050–10210; 14; 2; 07/2006 124–10128–10141; 124–10131–10209; 104–10048–10335; 1; 1; 05/1997 104–10051–10081; 3; 2; 07/2006 124–10131–10211; 124–10138–10021; 104–10048–10432; 32; 6; 07/2006 104–10051–10084; 0; 1; 05/2001 124–10139–10051; 124–10139–10082; 104–10048–10434; 8; 3; 07/2006 104–10051–10086; 5; 1; 05/2001 124–10142–10031; 124–10142–10099; 104–10048–10435; 16; 3; 07/2006 104–10051–10087; 5; 1; 07/2006 124–10142–10155; 124–10142–10412; 104–10048–10436; 4; 2; 07/2006 104–10051–10092; 9; 2; 05/2001 124–10142–10439; 124–10146–10003; 104–10048–10438; 19; 14; 07/2006 104–10051–10096; 0; 1; 05/1997 124–10146–10020; 124–10146–10029; 104–10048–10449; 1; 1; 05/1997 104–10051–10107; 6; 2; 05/2001 124–10154–10031; 124–10154–10032; 104–10049–10000; 2; 6; 12/1996 104–10051–10124; 0; 1; 05/1997 124–10155–10375; 124–10158–10036; 104–10049–10002; 2; 3; 12/1996 104–10051–10142; 0; 1; 05/1997 124–10160–10313; 124–10160–10314; 104–10049–10003; 3; 7; 12/1996 104–10051–10154; 8; 10; 05/1997 124–10167–10338; 124–10167–10339; 104–10049–10004; 2; 2; 05/1997 104–10051–10156; 5; 16; 12/1996 124–10170–10122; 124–10171–10437; 104–10049–10010; 1; 2; 10/2017 104–10051–10173; 1; 1; 05/1997 124–10173–10089; 124–10176–10340; 104–10049–10014; 0; 1; 10/2017 104–10051–10182; 1; 2; 05/1997 124–10177–10397; 124–10228–10278; 104–10049–10015; 7; 2; 05/1997 104–10051–10189; 14; 2; 07/2006 124–10228–10466; 124–10228–10478; 104–10049–10019; 0; 1; 10/2017 104–10056–10005; 2; 6; 12/1996 124–10230–10336; 124–10231–10415; 104–10049–10024; 1; 1; 10/2017 104–10056–10008; 1; 2; 05/1997 124–10236–10299; 124–10239–10068; 104–10049–10093; 2; 3; 07/2006 104–10056–10090; 4; 3; 07/2006 124–10240–10276; 124–10240–10313; 104–10049–10102; 4; 8; 07/2006 104–10056–10096; 6; 7; 12/1996 124–10241–10221; 124–10241–10422; 104–10049–10145; 0; 1; 05/1997 104–10056–10103; 1; 2; 10/2017 124–10242–10125; 124–10242–10284; 104–10049–10148; 0; 2; 10/2017 104–10056–10107; 6; 5; 07/2006 124–10244–10393; 124–10245–10272; 104–10049–10180; 2; 11; 12/1996 104–10056–10108; 3; 4; 07/2006 124–10246–10059; 124–10246–10063; Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39627

124–10246–10095; 124–10246–10242; 104–10006–10177; 104–10006–10179; 180–10074–10327; 180–10075–10064; 124–10246–10264; 124–10246–10393; 104–10006–10180; 104–10006–10181; 180–10076–10015; 180–10076–10016; 124–10246–10495; 124–10247–10127; 104–10006–10182; 104–10006–10183; 180–10076–10357; 180–10077–10381; 124–10247–10413; 124–10248–10047; 104–10006–10184; 104–10006–10185; 180–10078–10195; 180–10078–10196; 124–10249–10027; 124–10249–10158; 104–10006–10187; 104–10006–10191; 180–10080–10239; 180–10080–10240; 124–10249–10338; 124–10251–10089; 104–10006–10192; 104–10006–10194; 180–10080–10242; 180–10080–10243; 124–10251–10155; 124–10251–10338; 104–10006–10195; 104–10006–10196; 180–10080–10253; 180–10080–10266; 124–10251–10368; 124–10254–10206; 104–10006–10197; 104–10006–10198; 180–10080–10267; 180–10082–10208; 124–10254–10257; 124–10256–10078; 104–10006–10199; 104–10006–10200; 180–10082–10209; 180–10082–10210; 124–10256–10083; 124–10256–10085; 104–10006–10202; 104–10006–10203; 180–10082–10214; 180–10082–10226; 124–10256–10086; 124–10256–10088; 104–10006–10204; 104–10006–10205; 180–10085–10143; 180–10085–10146; 124–10256–10101; 124–10256–10104; 104–10006–10206; 104–10006–10207; 180–10085–10234; 180–10085–10235; 124–10257–10267; 124–10257–10269; 104–10006–10210; 104–10006–10212; 180–10085–10250; 180–10085–10303; 124–10257–10410; 124–10258–10199; 104–10006–10213; 104–10006–10216; 180–10085–10326; 180–10085–10342; 124–10258–10414; 124–10259–10095; 104–10006–10217; 104–10006–10219; 180–10085–10355; 180–10085–10361; 124–10259–10319; 124–10260–10164; 104–10006–10220; 104–10006–10222; 180–10085–10379; 180–10087–10142; 124–10260–10351; 124–10260–10371; 104–10006–10223; 104–10006–10225; 180–10087–10379; 180–10087–10380; 124–10260–10372; 124–10260–10384; 104–10006–10228; 104–10006–10230; 124–10262–10212; 124–10262–10227; 104–10006–10231; 104–10006–10232; 180–10089–10331; 180–10089–10332; 124–10263–10018; 124–10263–10046; 104–10006–10234; 104–10006–10235; 180–10089–10333; 180–10089–10334; 124–10264–10093; 124–10265–10070; 104–10006–10238; 104–10006–10239; 180–10089–10335; 180–10089–10420; 124–10265–10097; 124–10275–10033; 104–10006–10259; 104–10006–10266; 180–10089–10448; 180–10089–10449; 124–10275–10034; 124–10276–10046. 104–10006–10281; 104–10006–10285; 180–10089–10457; 180–10089–10458; After consultation with appropriate 104–10006–10298; 104–10007–10011; 180–10089–10459; 180–10089–10480; Federal Agencies, the Review Board 104–10007–10015; 104–10007–10097; 180–10090–10015; 180–10090–10099; announces that the following Central 104–10007–10103; 104–10007–10248; 180–10090–10100; 180–10090–10101; Intelligence Agency records are now 104–10007–10274; 104–10008–10044; 180–10090–10102; 180–10090–10327; being opened in full: 104–10002–10098; 104–10010–10036; 104–10010–10446; 180–10091–10031; 180–10091–10049; 104–10005–10313; 104–10005–10330; 104–10012–10016; 104–10012–10032; 180–10091–10255; 180–10093–10038; 104–10005–10343; 104–10005–10429; 104–10013–10010; 104–10013–10019; 180–10094–10241; 180–10094–10242; 104–10006–10033; 104–10006–10092; 104–10013–10038; 104–10013–10067; 180–10094–10244; 180–10094–10244; 104–10006–10093; 104–10006–10094; 104–10013–10082; 104–10013–10169; 180–10094–10245; 180–10094–10246; 104–10006–10098; 104–10006–10099; 104–10013–10210; 104–10013–10339; 180–10094–10252; 180–10094–10253; 104–10006–10101; 104–10006–10103; 104–10013–10357; 104–10013–10398; 180–10094–10262; 180–10094–10263; 104–10006–10105; 104–10006–10108; 104–10013–10413; 104–10015–10084; 180–10099–10305; 180–10099–10327; 104–10006–10109; 104–10006–10110; 104–10015–10234; 104–10016–10048; 180–10099–10328; 180–10099–10328; 104–10006–10111; 104–10006–10112; 104–10017–10004; 104–10021–10032; 180–10099–10345; 180–10102–10098; 104–10006–10115; 104–10006–10116; 104–10021–10105 180–10102–10306; 180–10102–10374; 104–10006–10117; 104–10006–10118; After consultation with appropriate 180–10102–10375; 180–10102–10380; 104–10006–10119; 104–10006–10122; Federal Agencies, the Review Board 180–10102–10380; 180–10102–10381; 104–10006–10123; 104–10006–10124; announces that the following House 180–10102–10385; 180–10102–10397; 104–10006–10128; 104–10006–10130; Select Committee on Assassination 180–10102–10398; 180–10105–10001; 104–10006–10131; 104–10006–10132; records are now being opened in full: 180–10112–10293; 180–10112–10297; 104–10006–10133; 104–10006–10134; 180–10001–10418; 180–10070–10296; 180–10112–10298; 180–10112–10350; 104–10006–10135; 104–10006–10136; 180–10070–10297; 180–10070–10304; 180–10112–10358; 180–10130–10002. 104–10006–10137; 104–10006–10138; 180–10070–10307; 180–10070–10309; 104–10006–10140; 104–10006–10144; 180–10070–10315; 180–10070–10323; Notice of Reconsideration 104–10006–10145; 104–10006–10146; 180–10070–10329; 180–10070–10347; 104–10006–10149; 104–10006–10150; 180–10070–10353; 180–10070–10354; On July 9–10, 1996, the FBI provided 104–10006–10151; 104–10006–10152; 180–10070–10358; 180–10070–10438; additional evidence to the Review Board 104–10006–10153; 104–10006–10156; 180–10071–10218; 180–10071–10221; regarding 4 records (and 7 duplicates) 104–10006–10157; 104–10006–10158; 180–10071–10227; 180–10072–10053; that previously had been the subject of 104–10006–10159; 104–10006–10160; 180–10072–10077; 180–10072–10103; Review Board determinations. Upon 104–10006–10161; 104–10006–10162; 180–10072–10103; 180–10072–10104; receiving and evaluating this additional 104–10006–10163; 104–10006–10164; 180–10072–10381; 180–10073–10069; evidence, the Review Board voted to 104–10006–10165; 104–10006–10166; 180–10073–10139; 180–10073–10139; sustain postponements as follows: From 104–10006–10167; 104–10006–10168; 180–10073–10148; 180–10073–10148; the original Federal Register Notice 96– 104–10006–10173; 104–10006–10175; 180–10073–10163; 180–10073–10176; 13838, 61 FR 28158:

Number of Number of original Number of Number of re- Date of re- Record No. original re- postpone- revised re- vised vised re-re- leases ments leases posponements view

124±10018±10471 ...... 3 1 0 3 07/2006 124±10248±10248 ...... 3 1 0 3 07/2006 124±10173±10125 ...... 3 1 0 3 07/2006 124±10176±10380 ...... 3 1 0 3 07/2006 124±10035±10107 ...... 38 0 32 6 07/2006 124±10142±10153 ...... 38 0 32 6 07/2006 39628 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

Number of Number of original Number of Number of re- Date of re- Record No. original re- postpone- revised re- vised vised re-re- leases ments leases posponements view

124±10228±10241 ...... 38 0 32 6 07/2006 124±10234±10284 ...... 38 0 32 6 07/2006 124±10171±10198 ...... 38 0 32 6 07/2006 124±10063±10133 ...... 10 0 8 4 07/2006 124±10233±10238 ...... 2 0 2 1 07/2006

On July 9–10, 1996, the FBI provided additional evidence to the Review Board regarding 5 records (and 6 duplicates) that previously had been the subject of Review Board determinations. Upon receiving and evaluating this additional evidence, the Review Board voted to sustain postponements as follows from the original Federal Register Notice 96– 15835, 61 FR 31917:

Number of Number of Number of original Number of revised Date of re- Record No. original re- postpone- revised re- postpone- vised re-re- leases ments leases ments view

124±10035±10112 ...... 33 2 23 12 07/2006 124±10249±10276 ...... 33 2 23 12 07/2006 124±10170±10125 ...... 33 2 23 12 07/2006 124±10035±10369 ...... 69 5 57 17 07/2006 124±10250±10071 ...... 69 5 57 17 07/2006 124±10162±10102 ...... 69 5 57 17 07/2006 124±10176±10379 ...... 69 5 57 17 07/2006 124±10063±10461 ...... 69 5 57 17 07/2006 124±10049±10138 ...... 6 0 4 2 07/2006 124±10270±10330 ...... 14 9 19 15 07/2006 124±10275±10179 ...... 60 1 59 2 07/2006

Additional Releases DEPARTMENT OF COMMERCE feedstocks, and lubricating base oils. Petrochemical feedstocks and refinery It is the Board’s policy to release Foreign-Trade Zones Board by-products that are or could be duplicates of records on the same terms produced at the refinery include and conditions as those records which [Docket 60±96] benzene, toluene, xylene, ethylene, it previously voted. The following Foreign-Trade Zone 61, San Juan, propylene, cumene, carbon black oil, determinations are noticed pursuant to Puerto Rico Proposed Foreign-Trade ethane, propane, butane, petroleum that policy: Subzone, Puerto Rico Sun Oil coke, paraffin waxes, petroleum FBI Document: Open in Full Company, (Oil Refinery Complex), extracts, asphalt and sulfur. All of the Yabucoa, Puerto Rico crude oil (90 percent of inputs) and 124–10058–10280; 6; 0; n/a some feedstocks and motor fuel 124–10170–10080; 2; 0; n/a An application has been submitted to blendstocks are sourced abroad. the Foreign-Trade Zones Board (the Zone procedures would exempt the Corrections Board) by the Commercial and Farm refinery from Customs duty payments On May 14 and 15, 1996, the Review Credit and Development Corporation of on the foreign products used in its Puerto Rico, grantee of FTZ 61, Board made formal determinations that exports. On domestic sales, the requesting special-purpose subzone company would be able to choose the were published in the Tuesday June 4, status for the oil refinery complex of finished product duty rate 1996, Federal Register (FR Doc. 96- Puerto Rico Sun Oil Company (wholly- (nonprivileged foreign status—NPF) on 13838, 61 FR 28158). For that notice owned subsidiary of Sun Company, certain petrochemical feedstocks and make the following correction: Inc.), located in Yabucoa, Puerto Rico. refinery by-products (duty-free) instead The application was submitted pursuant of the duty rates that would otherwise Previously Record No. published Correct data to the provisions of the Foreign-Trade apply to the foreign-sourced crude oil. Zones Act, as amended (19 U.S.C. 81a- The duty rates on crude oil range from 104±10009± 15; 4; 05/ 15; 6; 05/ 81u), and the regulations of the Board 5.25¢/barrel to 10.5¢/barrel. The 10024. 2006. 2006. (15 CFR part 400). It was formally filed application indicates that the savings on July 19, 1996. from zone procedures would help Dated: July 24, 1996. The refinery complex (85,000 BPD, improve the refinery’s international David G. Marwell, 340 employees) is located on a 241-acre competitiveness. Executive Director. site at Route 901, Km. 2.7 and Yabucoa In accordance with the Board’s Harbor, Yabucoa, Puerto Rico, some 45 regulations, a member of the FTZ Staff [FR Doc. 96–19278 Filed 7–29–96; 8:45 am] miles southeast of San Juan. has been designated examiner to BILLING CODE 6118±01±P The refinery is used to produce fuel investigate the application and report to products and petrochemical feedstocks. the Board. Fuel products include gasoline, jet fuel, Public comment is invited from kerosene, distillates, residual fuels, interested parties. Submissions (original naphthas, intermediate gasoline and 3 copies) shall be addressed to the Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39629

Board’s Executive Secretary at the interested parties. Accordingly, as party objects to the Department’s intent address below. The closing period for required by § 353.25(d)(4) of the to revoke or terminate pursuant to this their receipt is September 30, 1996. Department’s regulations, we are notice, we shall conclude that the Rebuttal comments in response to notifying the public of our intent to antidumping duty orders, findings, and material submitted during the foregoing revoke the following antidumping duty suspended investigations are no longer period may be submitted during the orders and findings and to terminate the of interest to interested parties and shall subsequent 15-day period (to October suspended investigations for which the proceed with the revocation or 15, 1996). Department has not received a request termination. A copy of the application and to conduct an administrative review for Opportunity to Object accompanying exhibits will be available the most recent four consecutive annual for public inspection at each of the anniversary months: Domestic interested parties, as following locations: defined in § 353.2(k) (3), (4), (5), and (6) Antidumping Proceeding U.S. Department of Commerce Export of the Department’s regulations, may Assistance Center, Room G–55, France object to the Department’s intent to revoke these antidumping duty orders Federal Building, Chardon Avenue, Industrial Nitrocellulose San Juan, Puerto Rico 00918 A–427–009 and findings or to terminate the Office of the Executive Secretary, 48 FR 36303 suspended investigations by the last day Foreign-Trade Zones Board, Room August 10, 1983 of August 1996. Any submission to the 3716, U.S. Department of Commerce, Contact: David Dirstine at (202) 482– Department must contain the name and 14th & Pennsylvania Avenue, NW., 4033 case number of the proceeding and a Washington, DC 20230 statement that explains how the Italy Dated: July 22,1996. objecting party qualifies as a domestic interested party under § 353.2(k) (3), (4), John J. Da Ponte, Jr., Tapered Roller Bearings (5), and (6) of the Department’s Executive Secretary. A–475–603 52 FR 30417 regulations. [FR Doc. 96–19341 Filed 7–29–96; 8:45 am] August 14, 1987 Seven copies of such objections BILLING CODE 3510±DS±P Contact: Valerie Turoscy at (202) 482– should be submitted to the Assistant 0145 Secretary for Import Administration, International Trade Administration, International Trade Administration Japan Room B–099, U.S. Department of Intent To Revoke Antidumping Duty Acrylic Sheet Commerce, Washington, D.C. 20230. Orders and Findings and to Terminate A–588–055 You must also include the pertinent Suspended Investigations 41 FR 36497 certification(s) in accordance with August 30, 1976 § 353.31(g) and § 353.31(i) of the AGENCY: Import Administration, Contact: Tom Futtner at (202) 482–3814 Department’s regulations. In addition, International Trade Administration, Japan the Department requests that a copy of Department of Commerce. the objection be sent to Michael F. ACTION: Notice of Intent to Revoke Brass Sheet & Strip Panfeld in Room 4203. This notice is in Antidumping Duty Orders and Findings A–588–704 accordance with 19 CFR 353.25(d)(4)(i). 53 FR 30454 and to Terminate Suspended Dated: July 23, 1996. Investigations. August 12, 1988 Contact: Tom Killiam at (202) 482–2704 Barbara R. Stafford, SUMMARY: Deputy Assistant Secretary for AD/CVD The Department of Commerce Thailand (the Department) is notifying the public Enforcement. of its intent to revoke the antidumping Malleable Pipe Fittings [FR Doc. 96–19342 Filed 7–29–96; 8:45 am] duty orders and findings and to A–549–601 BILLING CODE 3510±DS±P terminate the suspended investigations 52 FR 37351 listed below. Domestic interested parties August 20, 1987 who object to these revocations and Contact: Zev Primor at (202) 482–4114 [A±427±801, A±428±801, A±475±801, A±588± 804, A±485±801, A±559±801, A±401±801, A± terminations must submit their The Netherlands 549±801, A±412±801] comments in writing no later than the last day of August 1996. Brass Sheet & Strip A–421–701 Antifriction Bearings (Other Than EFFECTIVE DATE: July 30, 1996. 53 FR 30455 Tapered Roller Bearings) and Parts FOR FURTHER INFORMATION CONTACT: August 12, 1988 Thereof From France, Germany, Italy, Michael Panfeld or the analyst listed Contact: Tom Killiam at (202) 482–2704 Japan, Romania, Singapore, Sweden, under Antidumping Proceeding at: Thailand and the United Kingdom; Import Administration, International The People’s Republic of China Amendment to Initiation of Trade Administration, U.S. Department Petroleum Wax Candles Antidumping Duty Administrative of Commerce, 14th Street & Constitution A–570–504 Review and Termination of Avenue, N.W., Washington, D.C. 20230. 51 FR 30686 Administrative Review August 28, 1986 SUPPLEMENTARY INFORMATION: AGENCY: Import Administration, Contact: Valerie Turoscy at (202) 482– Background International Trade Administration, 0145 Department of Commerce. The Department may revoke an If no interested party requests an ACTION: Notice of Amendment to antidumping duty order or finding or administrative review in accordance Initiation of Antidumping Duty terminate a suspended investigation if with the Department’s notice of Administrative Review and Termination the Secretary of Commerce concludes opportunity to request administrative of Administrative Review. that it is no longer of interest to review, and no domestic interested 39630 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

SUMMARY: On June 20, 1996, the of AFBs from Romania are conditionally States, and the period July 1, 1994, Department of Commerce (the covered by this review. through June 30, 1995. Department) published in the Federal With respect to Italy, our notice EFFECTIVE DATE: July 30, 1996. Register (61 FR 31506) a notice of indicated that we are initiating reviews FOR FURTHER INFORMATION CONTACT: Fred initiation of administrative reviews of for ball and cylindrical roller bearings Baker of John Kugelman, Office of AD/ the antidumping duty orders on from SKF Industrie S.p.A. (including all CVD Enforcement, Import antifriction bearings (other than tapered relevant affiliates). However, the Administration, International Trade roller bearings) and parts thereof (AFBs) antidumping duty order pertaining to Administration, U.S. Department of from France, Germany, Italy, Japan, SKF’s cylindrical roller bearings was Commerce, 14th Street and Constitution Romania, Singapore, Sweden, Thailand revoked in part by the Department in Ave., N.W., Washington, D.C. 20230; and the United Kingdom. The reviews Antifriction Bearings (Other Than telephone (202) 482–5253. cover shipments of AFBs to the United Tapered Roller Bearings) and Parts SUPPLEMENTARY INFORMATION: Because it States during the period May 1, 1995, Thereof from Italy (60 FR 10959, is not practicable to complete this through April 30, 1996. We are February 28, 1995). Therefore, we are review within the normal time frame, amending the initiation of the amending the notice of initiation to the Department is extending the time administrative reviews for France, Italy exclude any reviews of Italian limit for completion of the preliminary and Romania. We are also terminating cylindrical roller bearings from SKF. results until August 27, 1996, in the administrative review for Thailand. With respect to France, our notice accordance with section 751(a)(3)(A) of indicated that we are initiating reviews FOR FURTHER INFORMATION CONTACT: the Trade and Tariff Act of 1930, as only on ball and cylindrical roller Charles Riggle, Kris Campbell or amended by the Uruguay Round bearings from SKF France (including all Richard Rimlinger, Import Agreements Act of 1994. relevant affiliates). Because we received Administration, International Trade This extension is in accordance with a request to review the order on French Administration, U.S. Department of section 751(a)(3)(A) of the Tariff Act of spherical plain bearings exported by Commerce, 14th Street and Constitution 1930, as amended (19 U.S.C. SKF, we hereby amend the notice of Avenue, N.W., Washington D.C. 20230; 1675(a)(3)(A)). telephone: (202) 482–4733. initiation to include spherical plain bearings from SKF France as well. Dated: July 23, 1996. EFFECTIVE DATE: July 30, 1996. Finally, on June 28, 1996, we Joseph A. Spetrini, SUPPLEMENTARY INFORMATION: published a notice revoking the Deputy Assistant Secretary Enforcement antidumping duty order on ball bearings Group III. Applicable Statute and Regulations from Thailand (61 FR 33711). Therefore, [FR Doc. 96–19344 Filed 7–29–96; 8:45 am] Unless otherwise indicated, all we are terminating the administrative BILLING CODE 3510±DS±U citations to the Tariff Act of 1930, as review we initiated on ball bearings from Thailand for NMB Thai/Pelmec amended (the Act), as amended are [A±570±804] references to the provisions effective Thai LTD for the period May 1, 1995 January 1, 1995, the effective date of the through April 30, 1996. Sparklers From the People's Republic amendments made to the Act by the These initiations and this notice are of China; Final Results of Antidumping Uruguay Round Agreements Act. In in accordance with section 751(a) of the Duty Administrative Review addition, unless otherwise indicated, all Act (19 U.S.C. 1675(a)) and 19 CFR citations to the Department’s regulations 353.22(c). AGENCY: Import Administration, are to the current regulations, as Dated: July 23, 1996. International Trade Administration, Department of Commerce. amended by the interim regulations Barbara Stafford, published in the Federal Register on Deputy Assistant Secretary for AD/CVD ACTION: Notice of final results of May 11, 1995 (60 FR 25130). Enforcement. antidumping duty administrative review. Background [FR Doc. 96–19345 Filed 7–29–96; 8:45 am] BILLING CODE 3510±DS±P The Department received timely SUMMARY: On April 8, 1996, the requests, in accordance with 19 CFR Department of Commerce (the 353.22(a), for administrative reviews of Department) published the preliminary the antidumping duty orders on AFBs [A±351±806] results of its administrative review of the antidumping duty order on on from France, Germany, Italy, Japan, Silicon Metal From Brazil; Antidumping Romania, Singapore, Sweden, Thailand sparklers from the People’s Republic of Duty Administrative Review; Time China (PRC). This review covered one and the United Kingdom. In accordance Limit with 19 CFR 353.22(c), we initiated manufacturer, Guangxi Native Produce Import and Export Corporation, Beihai administrative reviews of the AGENCY: Import Administration, antidumping duty orders covering AFBs International Trade Administration Fireworks and Firecrackers Branch from these nine countries. The orders Department of Commerce. (Guangxi), of the subject merchandise, cover three classes or kinds of and the review period June 1, 1994, ACTION: Notice of extension of time through May 31, 1995. merchandise: ball bearings, cylindrical limit. roller bearings and spherical plain We gave interested parties an bearings. With respect to Romania, we SUMMARY: The Department of Commerce opportunity to comment on our initiated an administrative review of (the Department) is extending the time preliminary results. We received no ball bearings from Tehnoimportexport, limit of the preliminary results of the comments. The final results are the only Romanian company for which fourth administrative review of the unchanged from those presented in the we received a request for review. We antidumping duty order on silicon preliminary results. hereby amend the notice of initiation to metal from Brazil. The review covers EFFECTIVE DATE: July 30, 1996. note that, in addition to five manufacturers/exporters of the FOR FURTHER INFORMATION CONTACT: Tehnoimportexport, all other exporters subject merchandise to the United Matthew Blaskovich or Zev Primor, Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39631

Import Administration, International People’s Republic of China: Adverse Dated: July 22, 1996. Trade Administration, U.S. Department Decision and Amendment to Final Robert S. LaRussa, of Commerce, 14th Street and Determination of Sales at Less Than Acting Assistant Secretary for Import Constitution Avenue, N.W., Fair Value and Antidumping Duty Administration. Washington, DC 20230; telephone: (202) Order in Accordance with Decision [FR Doc. 96–19346 Filed 7–29–96; 8:45 am] 482–5831/4114. Upon Remand, 58 FR 40624 (July 29, BILLING CODE 3510±DS±P 1993)). SUPPLEMENTARY INFORMATION: The Department will determine, and Applicable Statute and Regulations the U.S. Customs Service will assess, [A±485±602] Unless otherwise indicated, all antidumping duties on all appropriate citations to the statute are references to entries. Furthermore, the following Tapered Roller Bearings and Parts the provisions effective January 1, 1995, deposit requirements will be effective Thereof, Finished or Unfinished, From the effective date of the amendments for all shipments of the subject Romania; Extension of Time Limits of made to the Tariff Act of 1930 (the Act) merchandise from the PRC entered, or Antidumping Duty Administrative by the Uruguay Round Agreements Act withdrawn from warehouse, for Review (URAA). In addition, unless otherwise consumption on or after the publication indicated, all citations to the date of these final results of this AGENCY: Import Administration, Department—s regulations are to the administrative review, as provided by International Trade Administration, current regulations, as amended by the section 751(a)(2)(C) of the Act: (1) the Department of Commerce. interim regulations published in the cash deposit rate for Guangxi will be the ACTION: Notice of Extension of Time Federal Register on May 11, 1995 (60 PRC country-wide rate of 93.54 percent; Limit of Antidumping Duty FR 25130). (2) for previously reviewed or Administrative Review. investigated companies that received Background separate rates not listed above, the cash SUMMARY: The Department of Commerce The Department initiated the June 1, deposit rate will continue to be the (the Department) is extending the time 1994 through May 31, 1995 company-specific rate published for the limit for final results in the administrative review for Guangxi on most recent applicable period; (3) the administrative review of the August 16, 1995 (60 FR 42501), at the cash deposit rate for any non-PRC antidumping duty order on tapered request of the petitioners, the Elkton exporter will be the rate applicable to roller bearings (TRBs) from Romania, and Diamond Sparkler Companies. On the PRC supplier of that exporter; and covering the period June 1, 1994, April 8, 1996, the Department issued the (4) the cash deposit rate for all other through May 31, 1995, since it is not preliminary results for this PRC manufacturers or exporters will be practicable to complete the review administrative review (61 FR 15464). 93.54 percent, the PRC country-wide within the time limits mandated by the Scope of the Review rate established in the LTFV Tariff Act of 1930, as amended (the Act). investigation. The products covered by this EFFECTIVE DATE: July 30, 1996. administrative review are sparklers from These deposit requirements will remain in effect until publication of the FOR FURTHER INFORMATION CONTACT: the PRC. Sparklers are fireworks, each Karin Price or Maureen Flannery, comprising a cut-to-length wire, one end final results of the next administrative review. Import Administration, International of which is coated with a chemical mix Trade Administration, U.S. Department that emits bright sparks while burning. This notice also serves as a final reminder to importers of their of Commerce, 14th Street and Sparklers are currently classifiable Constitution Avenue, N.W., under subheading 3604.10.00 of the responsibility under 19 CFR 353.26 to file a certificate regarding the Washington, D.C. 20230; telephone: Harmonized Tariff Schedules (HTS). (202) 482–4733. The HTS subheadings are provided for reimbursement of antidumping duties convenience and customs purposes. The prior to liquidation of the relevant SUPPLEMENTARY INFORMATION: entries during this review period. written description remains dispositive Background as to the scope of this proceeding. Failure to comply with this requirement The review covers Guangxi and the could result in the Secretary’s The Department has received requests period June 1, 1994, through May 31, presumption that reimbursement of to conduct an administrative review of 1995. antidumping duties occurred and the the antidumping duty order on TRBs subsequent assessment of double from Romania, covering the period June Final Results of Review antidumping duties. 1, 1994, through May 31, 1995. On April The Department gave interested This notice also serves as a reminder 8, 1996, the Department issued parties an opportunity to comment on to parties subject to administrative preliminary results of this review. its preliminary results. The Department protective order (APO) of their It is not practicable to complete this did not receive any comments. responsibility concerning the review within the time limits mandated Accordingly, for reasons discussed in disposition of proprietary information by section 751(a)(3)(A) of the Act (see the preliminary results, the Department disclosed under APO in accordance Memorandum for Robert S. LaRussa has, pursuant to section 776(a) of the with 19 CFR 353.34(d). Timely written from Joseph A. Spetrini, Extension of Act, used facts available and, pursuant notification or conversion to judicial Time Limits for 1994–95 Antidumping to section 776(b) of the Act, used protective order is hereby requested. Duty Administrative Review of Tapered adverse inferences. As discussed in the Failure to comply with the regulations Roller Bearings from Romania, July 22, preliminary results of this review, the and the terms of the APO is a 1996). Therefore, in accordance with Department used as adverse facts sanctionable violation. that section, the Department is available the 93.54 percent margin This administrative review and notice extending the time limit for the final calculated in the remand of the less- are in accordance with section 751(a)(1) results to September 25, 1996. This than-fair-value (LTFV) final of the Tariff Act (19 U.S.C. 1675(a)(1)) extension is in accordance with section determination (see Sparklers from the and 19 CFR 353.22. 751(a)(3)(A) of the Act. 39632 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

Dated: July 23, 1996. Export Trade Certificate of Review; Certificate of Review, application Joseph A. Spetrini, Notice of Application To Amend number 88–7A017.’’ Deputy Assistant Secretary Enforcement Certificate Summary of the Application Group III. [FR Doc. 96–19343 Filed 7–29–96; 8:45 am] SUMMARY: The Office of Export Trading Applicant: Construction Industry BILLING CODE 3510±DS±P Company Affairs (‘‘OETCA’’), Manufacturers Association (CIMA), 111 International Trade Administration, East Wisconsin Avenue, Milwaukee, Department of Commerce, has received Wisconsin 53202. Contact: Mr. J. Wm. C±401±401 an application to amend an Export Peterson, (202) 479–2666. Trade Certificate of Review. This notice Application No.: 88–7A017. Certain Carbon Steel Products From summarizes the proposed amendment Date Deemed Submitted: July 17, Sweden; Extension of Time Limit for and requests comments relevant to 1996. Countervailing Duty Administrative whether the amended Certificate should Review Proposed Amendment: CIMA seeks to be issued. amend its Certificate to: AGENCY: Import Administration, FOR FURTHER INFORMATION CONTACT: W. 1. Add as ‘‘Member’’ the following International Trade Administration, Dawn Busby, Director, Office of Export company: Allmand Bros. Inc. of Department of Commerce. Trading Company Affairs, International Holdrege, Nebraska. ACTION: Notice of extension of time limit Trade Administration, (202) 482–5131. 2. Delete as ‘‘Members’’ the following for countervailing duty administrative This is not a toll-free number. companies: General Engines Co., Inc. of review. SUPPLEMENTARY INFORMATION: Title III of Thorofare, New Jersey; and Getman Corp. of Bangor, Michigan. SUMMARY: The Department of Commerce the Export Trading Company Act of (the Department) is extending the time 1982 (15 U.S.C. 4001–21) authorizes the Additional Changes to Certificate limit for preliminary results of the 1994 Secretary of Commerce to issue Export Membership Trade Certificates of Review. A administrative review of the The following Members have merged: Certificate of Review protects the holder countervailing duty order on certain Ingersoll-Rand of Woodcliff Lake, New and the members identified in the carbon steel products from Sweden. Jersey purchased Blaw-Knox Certificate from state and federal This extension is made pursuant to Construction Equipment Corporation of government antitrust actions and from section 751(a)(3)(A) of the Tariff Act of Mattoon, Illinois (‘‘Blaw-Knox’’); and private, treble damage antitrust actions 1930, as amended by the Uruguay TEREX Corporation purchased PPM for the export conduct specified in the Round Agreements Act (hereinafter, Cranes, Inc. of Conway, South Carolina Certificate and carried out in ‘‘the Act’’). (‘‘PPM’’). Blaw-Knox and PPM now compliance with its terms and EFFECTIVE DATE: July 30, 1996. operate as subsidiaries and as such will conditions. Section 302(b)(1) of the Act FOR FURTHER INFORMATION CONTACT: not be listed as Members. and 15 CFR 325.6(a) require the Gayle Longest or Lorenza Olivas, Office Secretary to publish a notice in the Dated: July 24, 1996. of CVD/AD Enforcement, Import Federal Register identifying the W. Dawn Busby, Administration, International Trade applicant and summarizing its proposed Administration, U.S. Department of Director, Office of Export Trading Company export conduct. Affairs. Commerce, 14th Street and Constitution Avenue, N.W. Washington, D.C., 20230; Export Trade Certificate of Review [FR Doc. 96–19297 Filed 7–29–96; 8:45 am] telephone: (202) 482–2786. No. 88–00017 was issued to BILLING CODE 3510±DR±U Construction Industry Manufacturers POSTPONEMENT: Under the Act, the Association (CIMA) on June 6, 1989 (54 Department may extend the deadline for FR 24932, June 12, 1989), and Export Trade Certificate of Review; completion of an administrative review previously amended on April 9, 1990 Notice of Application To Amend if it determines that it is not practicable (55 FR 14100, April 16, 1990), January Certificate to complete the review within the 3, 1991 (56 FR 843, January 9, 1991), statutory time limit of 365 days for the SUMMARY: The Office of Export Trading December 11, 1991 (56 FR 65467, reasons set forth in the memorandum of Company Affairs (‘‘OETCA’’), December 17, 1991), October 21 1992 July 25, 1996, (on file in the public file International Trade Administration, (57 FR 48788, October 28, 1992), and of the Central Records Unit, Room B– Department of Commerce, has received November 21, 1994 (59 FR 61877, 099 of the Department of Commerce). an application to amend an Export December 2, 1994). The Department finds that it is not Trade Certificate of Review. This notice practicable to complete the 1994 Request for Public Comments summarizes the proposed amendment administrative review of certain carbon Interested parties may submit written and requests comments relevant to steel products from Sweden within this comments relevant to the determination whether the amended Certificate should time limit. whether an amended Certificate should be issued. In accordance with section be issued. An original and five (5) FOR FURTHER INFORMATION CONTACT: W. 751(a)(3)(A) of the Act, the Department copies should be submitted no later Dawn Busby, Director, Office of Export will extend the time for completion of than 20 days after the date of this notice Trading Company Affairs, International the preliminary results of this review to: Office of Export Trading Company Trade Administration, (202) 482–5131. from a 245-day period to no later than Affairs, International Trade This is not a toll-free number. a 365-day period. Administration, Department of SUPPLEMENTARY INFORMATION: Title III of Dated: July 25, 1996. Commerce, Room 1800H, Washington, the Export Trading Company Act of Jeffrey P. Bialos, D.C. 20230. Information submitted by 1982 (15 U.S.C. 4001–21) authorizes the Principal Deputy Assistant Secretary for any person is exempt from disclosure Secretary of Commerce to issue Export Import Administration. under the Freedom of Information Act Trade Certificates of Review. A [FR Doc. 96–19426 Filed 7–29–96; 8:45 am] (5 U.S.C. 552). Comments should refer Certificate of Review protects the holder BILLING CODE 3510±DS±P) to this application as ‘‘Export Trade and the members identified in the Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39633

Certificate from state and federal Lahr Motion Technology, Inc.; George SUPPLEMENTARY INFORMATION: government antitrust actions and from Fischer, Ltd.; Huron Machine Products; Background private, treble damage antitrust actions K.T. Design & Prototype; Light Machine for the export conduct specified in the Corp.; and Surf/Tran Burlytic Systems On January 9, 1995, the Department Certificate and carried out in Division. published in the Federal Register (60 compliance with its terms and 3. Change the listing of the company FR 2378) the final results of its fifth conditions. Section 302(b)(1) of the Act name for the current ‘‘Members’’ cited administrative review of the and 15 CFR 325.6(a) require the in this paragraph to the new listing cited antidumping duty order on porcelain- Secretary to publish a notice in the in parenthesis as follows: The on-steel cooking ware from Mexico. Federal Register identifying the Cincinnati Gilbert Machine Tool Co. Cinsa, S.A., respondent in these applicant and summarizing its proposed (The Cincinnati Gilbert Machine Tool proceedings, subsequently requested export conduct. Co. L.L.C.); CM Positech (CM Positech, that a NAFTA Binational Panel (Panel) Request for Public Comments Division of Columbus McKinnon); D.A. review these final results. Thereafter, Griffin (Griffin Automation); Litton the Panel remanded the Department’s Interested parties may submit written (Western Atlas); Hobart Brothers comments relevant to the determination final results with respect to two issues Company (Hobart Laser Products); only. Specifically, the Panel directed the whether an amended Certificate should Republic Lagun Machine Tool Co. Department to (1) ‘‘apply Commerce’s be issued. An original and five (5) (Republic Lagun CNC Corp.); Wadell tax neutral VAT adjustment copies should be submitted no later Machine & Tool Co. (Wadell, Division of methodology which was approved by than 20 days after the date of this notice Rendas Tool & Die, Inc.); and Wallace to: Office of Export Trading Company Coast Machinery Corp. (Wallace Coast the CAFC in Federal Mogul’’ and to (2) Affairs, International Trade Machinery Co., Division of Jesse ‘‘either correct respondent’s clerical Administration, Department of Engineering Co.). error, or allow respondent to present Commerce, Room 1800H, Washington, Dated: July 24, 1996. data sufficient to allow Commerce to D.C. 20230. Information submitted by correct the clerical error in accordance any person is exempt from disclosure W. Dawn Busby, with the CAFC’s determination in NTN under the Freedom of Information Act Director, Office of Export Trading Company Bearings.’’ The Department made the (5 U.S.C. 552). Comments should refer Affairs. tax-neutral VAT adjustment and to this application as ‘‘Export Trade [FR Doc. 96–19298 Filed 7–29–96; 8:45 am] recalculated the cost of Item No. 10158, Certificate of Review, application BILLING CODE 3510±DR±U the item affected by the clerical error. number 87–11A004.’’ The Department filed its Export Trade Certificate of Review redetermination on June 14, 1996; the No. 87–00004 was issued to AMT—The [A±201±504] Panel affirmed the redetermination on Association For Manufacturing July 19, 1996. This notice is published Technology (‘‘AMT’’) on May 19, 1987 Porcelain-on-Steel Cooking Ware From pursuant to 19 U.S.C. 1516a(g)(5)(B), (52 FR 19371, May 22, 1987) and Mexico; Notice of Panel Decision subsequently amended on December 11, which stipulates that a notice of a final 1987 (52 FR 48454, December 22, 1987), AGENCY: International Trade decision of a binational panel not in January 3, 1989 (54 FR 837, January 10, Administration/Import Administration, harmony with the Department’s original 1989), April 20, 1989 (54 FR 19427, May Department of Commerce. determination shall be published within 5, 1989), May 31, 1989 (54 FR 24931, 10 days of the date of the issuance of the ACTION: Notice of panel decision. June 12, 1989), May 29, 1990 (55 FR Panel decision. 23576, June 11, 1990), June 7, 1991 (56 SUMMARY: On July 19, 1996, a Binational Suspension of Liquidation FR 28140, June 19, 1991), November 27, Panel, convened pursuant to the North 1991 (56 FR 63932, December 6, 1991), American Free Trade Agreement On February 8, 1995, respondent July 20, 1992 (57 FR 33319, July 28, (NAFTA), affirmed the Department of Cinsa, S.A. requested that the 1992), May 10, 1994 (59 FR 25614, May Commerce’s (Department) Department of Commerce continue 17, 1994), and December 1, 1995 (61 FR determination on remand changing the suspension of liquidation of those 13152, March 26, 1996). value added tax (VAT) calculation to a entries of merchandise covered by the Summary of the Application tax-neutral methodology approved by determination in the fifth administrative Applicant: AMT—The Association the Court of Appeals for the Federal review pending the final disposition of For Manufacturing Technology Circuit (CAFC) and correcting a clerical the review. Therefore, pursuant to 19 (‘‘AMT’’), 7901 Westpark Drive, error in the review period covering U.S.C. 1516a(g)(5)(C), the Department McLean, Virginia 22102–4269. December 1, 1990 through November will continue to suspend liquidation of Contact: Andrew J. Shapiro, legal 30, 1991 of the above order. This notice these entries until such time as a notice counsel, Telephone: (202) 662–5547. is published because this final panel of completion of the Panel review has Application No.: 87–11A004. determination is not in harmony with been filed. Date Deemed Submitted: July 16, the Department’s original determination Dated: July 25, 1996. in this review. 1996. Robert S. LaRussa, Proposed Amendment EFFECTIVE DATE: July 30, 1996. Acting Assistant Secretary for Import AMT seeks to amend its Certificate to: FOR FURTHER INFORMATION CONTACT: Administration. 1. Add as ‘‘Members’’ the following Lorenza Olivas or Richard Herring, [FR Doc. 96–19389 Filed 7–29–96; 8:45 am] companies: ATS Ohio, Westerville, Office of CVD/AD Enforcement, BILLING CODE 3510±DS±P Ohio; and Banner Welder, Germantown, International Trade Administration, Wisconsin. U.S. Department of Commerce, 14th & 2. Delete as ‘‘Members’’ the following Constitution Avenue, NW., Washington, companies: Bath Iron Works; Berger DC 20230; telephone: (202) 482–2786. 39634 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

National Oceanic and Atmospheric Notification of Pending Legal dated between 1 January 1995 and 3 Administration Proceedings to the OMB for review and May 1996. clearance. The information collected [I.D. 071096C] FOR FURTHER INFORMATION CONTACT: pursuant to this rule is designed to Major Sandra B. Stockel, Legal Office, Marine Mammals; Scientific Research assist the Commission in monitoring Attention: SAIG–ZXL, The Inspector Permit No. 1003 (P612) legal proceedings involving the General, 1700 Army Pentagon, responsibilities imposed on contract Washington, DC 20310–1700 or AGENCY: National Marine Fisheries markets and their officials and futures telephone (703) 697–9734. Service (NMFS), National Oceanic and commission merchants and their SUPPLEMENTARY INFORMATION: None. Atmospheric Administration (NOAA), principals by the Commodity Exchange Richard E. Evans, Commerce. Act, the Commission’s enabling Colonel, IG, Executive. legislation, or otherwise. ACTION: Issuance of permit. [FR Doc. 96–19292 Filed 7–29–96; 8:45 am] ADDRESSES: Persons wishing to BILLING CODE 3710±08±M SUMMARY: Notice is hereby given that Dr. comment on this information collection Kimberlee Beckmen, Institute of Arctic should contact Jeff Hill, Office of Biology, University of Alaska Fairbanks, Management and Budget, Room 3228, Corps of Engineers P.O. Box 757000, Fairbanks, AK 99775– NEOB, Washington, DC 20502, (202) 7000, has been issued a permit to take 395–7340. Copies of the submission are Department of the Army Northern fur seals (Callorhinus ursinus) available from Joe F. Mink, Agency for purposes of scientific research. Clearance Officer, (202) 418–5170. Intent To Prepare a Draft ADDRESSES: The permit and related Title: Regulation Governing Environmental Impact Statement documents are available for review Notification of Legal Proceedings. (DEIS) for a Proposed Storm Damage upon written request or by appointment Control Number: 3038–0033. Reduction and Beach Erosion Control in the following office(s): Action: Extension. Project at Bethany Beach and South Permits Division, Office of Protected Respondents: Contract Markets and Bethany, Sussex County, DE Resources, NMFS, 1315 East-West their officials and Futures Commission AGENCY: U.S. Army Corps of Engineers, Highway, Room 13130, Silver Spring, Merchants and their principals. DoD. MD 20910 (301/713–2289); and Estimated Annual Burden: 10 total ACTION: Notice of intent. Alaska Region, NMFS, P.O. Box hours. 21668, Juneau, AK 99802–1668. Estimated Number of Respondents: SUMMARY: The action being taken is an SUPPLEMENTARY INFORMATION: On May 100 (1 per year by 100 respondents). evaluation of the alternatives for storm 14, 1996, notice was published in the Issued in Washington, DC on July 24, 1996. damage reduction and the control of further erosion at Bethany Beach and Federal Register (61 FR 24289) that a Jean A. Webb, request for a scientific research permit South Bethany Beach, Delaware. The Secretary to the Commission. to take Northern fur seals had been purpose of any consequent work would submitted by the above-named [FR Doc. 96–19312 Filed 7–29–96; 8:45 am] be to provide shore property protection individual. The requested permit has BILLING CODE 6351±01±M and to stablize the shoreline at a been issued under the authority of the predetermined width. Marine Mammal Protection Act of 1972, FOR FURTHER INFORMATION CONTACT: as amended (16 U.S.C. 1361 et seq.) and DEPARTMENT OF DEFENSE Questions regarding the DEIS should be the Regulations Governing the Taking addressed to Mr. Steve Allen, (215) 656– and Importing of Marine Mammals (50 Department of the Army 6559, U.S. Army Corps of Engineers, CFR part 216). Notice of Delegation of Special Initial CENAP–PL–E, Wanamaker Building, Date: July 24, 1996. Denial Authority (IDA) and Records 100 Penn Square East, Philadelphia, PA 19107–3390. Ann D. Terbush, Release Authority for Freedom of Chief, Permits and Documentation Division, Information Act (FOIA) Requests SUPPLEMENTARY INFORMATION: Pertaining to Guatemala Office Protected Resources, National Marine 1. Proposed Action Fisheries Service. AGENCY: [FR Doc. 96–19335 Filed 7–29–96; 8:45 am] U.S. Army Inspector General. a. The proposed document evaluates BILLING CODE 3510±22±F ACTION: Notice. a study area approximately 2.5 miles in length and includes the land between SUMMARY: Pursuant to Army Regulation Sussex Shores and York Beach. This 25–55, The Freedom of Information Act area is subject to daily and storm wave COMMODITY FUTURES TRADING Program, paragraph 5–200, and COMMISSION action which creates severe beach memorandum, Headquarters erosion problems. A potential offshore Public Information Collection Department of the Army, SAIS–IDP, 25 sand borrow source situated Requirement June 1996, announcement is made of approximately 0.5–2.0 miles northeast Delegation of Authority. The Deputy of Bethany Beach will be investigated in AGENCY: Commodity Futures Trading Inspector General (DTIG) is designated this study. Commission. as the Special Initial Denial Authority b. The authority for the proposed ACTION: Notice of submission of for Freedom of Information Act project is the resolution adopted by the information collection #3038–0033— Requests pertaining to Guatemala and U.S. Senate Committee on Environment Notification of pending legal that are dated between 1 January 1995 and Public Works dated 23 June 1988. proceedings. and 3 May 1996. In addition, DTIG is designated as the single Army release 2. Alternatives SUMMARY: The Commodity Futures authority for records concerning In addition to the no action Trading Commission has submitted Guatemala requested under the Freedom alternative, the alternatives considered information collection 3038–0033, of Information Act, if such requests are for storm damage reduction and erosion Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39635 control will fall into structural and non- DATES: Interested persons are invited to through the use of information sturctural categories. The structural submit comments on or before technology. measures to correct the beach erosion September 30, 1996. Gloria Parker, include bulkheads, seawalls, ADDRESSES: Written comments and Director, Information Resources Group. revetments, offshore breakwaters, groins, beach restoration/nourishment, requests for copies of the proposed Office of Educational Research and and beach sills/ Non-sturctural information collection requests should Improvement measures are flood insurance, be addressed to Patrick J. Sherrill, Type of Review: Revision. development regulations, and land Department of Education, 600 Title: Measuring Classroom acquisition. Independence Avenue, S.W., Room Instructional Processes in Secondary 5624, Regional Office Building 3, Mathematics. 3. Scoping Washington, DC 20202–4651. Frequency: One time only. a. Numerous studies and reports FOR FURTHER INFORMATION CONTACT: Affected Public: Individuals or addressing beach erosion along the Patrick J. Sherrill (202) 708–8196. households. Reporting and Recordkeeping Hour Delaware Coast were conducted by the Individuals who use a Burden: Corps of Engineers. The most recent telecommunications device for the deaf study is a Reconnaissance Report: Responses: 400. (TDD) may call the Federal Information Burden Hours: 810. Delaware Coast From Cape Henlopen to Relay Service (FIRS) at 1–800–877–8339 Abstract: This study will develop and Fenwisk Island (September 1991), between 8 a.m. and 8 p.m., Eastern time, recommend methods for collecting data which had identified a number of Monday through Friday. describing classroom instructional problem areas where erosion was processes in 8–12th grade mathematics negatively impacting the adjacent SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of classrooms; (2) explore the combined shorelines. This study identified the use of questionnaires and related Bethany Beach/South Bethany area as 1995 (44 U. S. C. Chapter 35) requires that the Office of Management and teacher log forms to portray classroom one of the primary areas to be instructional processes; and (3) recommended for further study in the Budget (OMB) provide interested Federal agencies and the public an early determine the feasibility of feasibility phase. incorporating such methods into NCES b. The scoping process is on-going opportunity to comment on information collection requests. OMB may amend or surveys or other data collection efforts. and has involved preliminary The study will collect survey data from coordination with Federal, State, and waive the requirement for public consultation to the extent that public 400 randomly sampled secondary local agencies. Participation of the mathematics teachers; a subset of 60 general public and other interested participation in the approval process would defeat the purpose of the members of this group will keep logs on parties and organizations will be invited instruction during one semester. by means of a public notice. Based on information collection, violate State or Federal law, or substantially interfere Statistical analyses will be conducted the input of these agencies and the on the results to determine which interested public, a decision to have a with any agency’s ability to perform its statutory obligations. The Director of the survey and log items provide the most formal scoping meeting will be made. efficient and comprehensive data set for Information Resources Group publishes c. The significant issues and concerns the purpose of portraying instruction in this notice containing proposed that have been identified include the a wide range of settings. impacts of the project on aquatic biota, information collection requests prior to water quality, intertidal habitat, shallow submission of these requests to OMB. [FR Doc. 96–19279 Filed 7–29–96; 8:45 am] water habitat, cultural resources, and Each proposed information collection, BILLING CODE 4000±01±U socio-economics. grouped by office, contains the following: (1) Type of review requested, 4. Availability e.g., new, revision, extension, existing Office of Management It is estimated the DEIS will be made or reinstatement; (2) Title; (3) Summary AGENCY: Office of Management, available to the public in August 1997. of the collection; (4) Description of the Department of Education. need for, and proposed use of, the Robert L. Callegari, ACTION: Notice of membership of the information; (5) Respondents and Performance Review Board (PRB). Chief, Planning Division. frequency of collection; and (6) [FR Doc. 96–19293 Filed 7–29–96; 8:45 am] Reporting and/or Recordkeeping SUMMARY: Notice is hereby given of the BILLING CODE 3710±GR±M burden. OMB invites public comment at names of members of the Department of the address specified above. Copies of Education’s PRB. the requests are available from Patrick J. FOR FURTHER INFORMATION CONTACT: Sherrill at the address specified above. DEPARTMENT OF EDUCATION Althea Watson, Director, Executive The Department of Education is Resources Team, Human Resources Notice of Proposed Information especially interested in public comment Group, Office of Management, Collection Requests addressing the following issues: (1) is Department of Education, Room 1135, this collection necessary to the proper FOB–10B, 600 Independence Avenue, AGENCY: Department of Education. functions of the Department, (2) will SW, Washington, DC 20202, Telephone: ACTION: Proposed collection; comment this information be processed and used (202) 401–0546. Individuals who use a request. in a timely manner, (3) is the estimate telecommunications device for the deaf of burden accurate, (4) how might the (TDD) may call the Federal Information SUMMARY: The Director, Information Department enhance the quality, utility, Relay Service (FIRS) at 1–800–877–8339 Resources Group, invites comments on and clarity of the information to be between 8 a.m. and 8 p.m., Eastern time, the proposed information collection collected, and (5) how might the Monday through Friday. requests as required by the Paperwork Department minimize the burden of this SUPPLEMENTARY INFORMATION: Section Reduction Act of 1995. collection on the respondents, including 4314(c) (1) through (5) of Title 5, U.S.C. 39636 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices requires each agency to establish one or For additional information, contact presentation at the technical conference more Senior Executive Service (SES) Kathleen Dias at (202) 208–0524 or on September 17, 1996. PRBs. The Board shall review and Lorna Hadlock at (202) 208–0737. For additional information, please evaluate the initial appraisal of a senior Linwood A. Watson, Jr., contact Whit Holden (202) 208–1118 or executive’s performance along with any Acting Secretary. James New, (202) 208–2162, at the comments by senior executives and any [FR Doc. 96–19269 Filed 7–29–96; 8:45 am] Commission. higher level executive and make Linwood A. Watson, Jr., BILLING CODE 6717±01±M recommendations to the appointing Acting Secretary. authority relative to the performance of [FR Doc. 96–19265 Filed 7–29–96; 8:45 am] the senior executive, including making [Docket No. CP96±128±000] BILLING CODE 6717±01±M recommendations on performance awards. Eastern Shore Natural Gas Company; Notice of Technical Conference [Docket No. ER96±1663±000] Membership The following executives of the July 24, 1996. Pacific Gas and Electric Company; San Department of Education have been Take notice that a technical Diego Gas and Electric Company; selected to serve on the Performance conference will be convened in the Southern California Edison Company; Review Board of the Department of above-docketed proceeding on Notice of Possible Availability of Education: Gary Rasmussen, Chair, Wednesday, July 31, 1996, at 10:00 a.m., Technical Conference Broadcast in a room to be designated at the offices Howard Moses, Co-Chair, Dennis Berry, July 24, 1996. of the Federal Energy Regulatory Carol Cichowski, Alicia Coro, Susan On July 15, 1996, the Commission Commission, 888 First Street N.E., Craig, Charles Hansen, Thomas Hehir, issued a notice of Technical Conference Washington, DC 20426. Any party, as John Higgins, Gloria Jarmon, Mary Jean to be held on August 1, 1996, in these defined in 18 CFR 385.102(c), any LeTendre, Philip Link, Larry Oxendine, proceedings. If there is sufficient person seeking intervenor status Linda Paulsen, Andrew Pepin, interest, the Capitol Connection may pursuant to 18 CFR 385.214, and any Raymond Pierce, Delia Pompa, Douglas broadcast the technical conference on participant, as defined in 18 CFR Ponci, Thomas Skelly, Jamienne August 1, 1996, to interested persons. 385.102(b), is invited to participate. Studley, Thomas Wolanin. The The conference would be broadcast For additional information, please following executives have been selected nationally. However, due to prior contact Carolyn Van Der Jagt, 202–208– to serve as alternate members of the commitments, there will be no local 2246, or Tom Gooding, 202–208–1123, Performance Review Board: Francis broadcast of the conference. Persons at the Commission. Corrigan, Claudio Prieto, Leslie interested in receiving the broadcast for Thornton, Steven Winnick. Linwood A. Watson, Jr., a fee should contact Julia Morelli at the Acting Secretary. Dated: July 23, 1996. Capitol Connection ((703) 993–3100) no [FR Doc. 96–19267 Filed 7–29–96; 8:45 am] Gary J. Rasmussen, later than Friday, July 26, 1996. Director for Management. BILLING CODE 6717±01±M Linwood A. Watson, Jr., [FR Doc. 96–19272 Filed 7–29–96; 8:45 am] Acting Secretary. BILLING CODE 4000±01±M [Docket No. CP96±53±000] [FR Doc. 96–19264 Filed 7–29–96; 8:45 am] BILLING CODE 6717±01±M NE Hub Partners, L.P.; Notice of Postponement of Technical [Docket No. CP96±644±000] DEPARTMENT OF ENERGY Conference West Texas Gas, Inc.; Notice of Federal Energy Regulatory July 24, 1996. Petition for Declaratory Order Commission Take notice that the technical conference originally scheduled in the July 24, 1996. [Docket No. RP96±110±000] above-docketed proceeding for Take notice that on July 16, 1996, Carnegie Interstate Pipeline Company; Thursday, August 1, 1996. This action is West Texas Gas, Inc. (WTG), 211 North Notice of Informal Settlement based on a motion filed July 10, 1996, Colorado, Midland, Texas 79701, filed Conference by NE Hub Partners, L.P. requesting the in Docket No. CP96–644–000 a petition postponement of the technical pursuant to Rule 207 of the July 24, 1996. conference and the joint answer of CNG Commission’s Rules of Practice and Take notice that an informal Transmission Corporation (CNG) and Procedure (18 CFR 385.207) for a settlement conference will be convened Penn Fuel Gas, Inc. (Penn Fuel) to this declaratory order that certain pipeline in this proceeding on July 31, 1996, at motion filed July 17, 1996. In their joint facilities, to be abandoned by Northern 10:00 a.m., at the offices of the Federal answer, CNG Transmission Corporation Natural Gas Company (Northern), would Energy Regulatory Commission, 888 (CNG) and Penn Fuel state that be gathering facilities, upon the First Street, N.E., Washington, D.C., for September 17, 1996, is acceptable to acquisition by WTG, and therefore the purposes of exploring the possible them, subject to the express proviso that would be exempt from the jurisdiction settlement of the referenced docket. NE Hub, on or before September 3, of the Commission under Section 1(b) of Any party, as defined by 18 CFR 1996, provide all parties and the Natural Gas Act. 385.102(c) or any participant, as defined Commission Staff with a copy of a WTG states that the facilities consists by 18 CFR 385.102(b) is invited to written analysis of the report of of approximately 14 miles of 6-inch attend. Persons wishing to become a International Gas Consulting, Inc. which diameter pipeline and other party must move to intervene and was prepared for Penn Fuel and CNG appurtenant facilities. WTG states receive intervenor status pursuant to the and was filed with the Commission on further that WTG’s petition is the Commission’s regulations (18 CFR May 28, 1996. This analysis should be companion to the application filed by 385.214). what NE Hub will rely on in its Northern on June 21, 1996 and now Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39637 pending in Docket No. CP96–590–000, cost of the facilities would be Energy Regulatory Commission an to abandon the subject facilities. reimbursed by Montana-Dakota. application for determination of exempt It is stated that the facilities are Any person or the Commission’s staff wholesale generator status pursuant to located in Hansford and Hutchinson may, within 45 days after the Part 365 of the Commission’s Counties, Texas. Commission has issued this notice, file Regulations. Any person desiring to be heard or to pursuant to Rule 214 of the The Applicant states that it will be make any protest with reference to said Commission’s Procedural Rules (18 CFR engaged directly and exclusively in the petition should on or before August 14, 385.214) a motion to intervene or notice business of owning one gas turbine and 1996, file with the Federal Energy of intervention and pursuant to Section 13 hydroelectric generating facilities Regulatory Commission, Washington, 157.205 of the Regulations under the representing an aggregate installed D.C. 20426, a motion to intervene or a NGA (18 CFR 157.205) a protest to the capacity and approximately 174.3–MW protest in accordance with the request. If no protest is filed within the located in El Alto, Bolivia, La Paz, requirements of the Commission’s Rules allowed time, the proposed activity Bolivia and the Zongo and Miguillas of Practice and Procedure (18 CFR shall be deemed to be authorized Valleys of Bolivia, and selling electric 385.214 or 385.211). All protests filed effective the day after the time allowed energy at wholesale, as that term has with the Commission will be considered for filing a protest. If a protest is filed been interpreted by the Commission. by it in determining the appropriate and not withdrawn within 30 days after The Applicant requests a determination action to be taken but will not serve to the time allowed for filing a protest, the that the Applicant is an exempt make the protestants parties to the instant request shall be treated as an wholesale generator under Section proceeding. Any person wishing to application for authorization pursuant 32(a)(1) of the Public Utility Holding become a party to the proceeding or to to Section 7 of the NGA. Company Act of 1935. participate as a party in any hearing Linwood A. Watson, Jr., Comment date: August 13, 1996, in therein must file a motion to intervene Acting Secretary. accordance with Standard Paragraph E in accordance with the Commission’s [FR Doc. 96–19268 Filed 7–29–96; 8:45 am] at the end of this notice. The Rules. BILLING CODE 6717±01±M Commission will limit its consideration Linwood A. Watson, Jr., of comments to those that concern the Acting Secretary. adequacy or accuracy of the application. [Docket No. EL94±94±001, et al.] [FR Doc. 96–19266 Filed 7–29–96; 8:45 am] 3. Utility—2000 Energy Corporation BILLING CODE 6717±01±M Northern States Power Company, et ICPM, Inc., Auto Pro Incorporated, al.; Electric Rate and Corporate PacifiCorp Power Marketing, Inc., Duke [Docket No. CP96±648±000] Regulation Filings Energy Marketing Corp., Greenwich Energy Partners, L.P., CoEnergy Williston Basin Interstate Pipeline July 23, 1996. Trading Company Company; Notice of Request Under Take notice that the following filings have been made with the Commission: [Docket Nos. ER95–187–005; ER95–640–005; Blanket Authorization ER95–878–005; ER95–1096–005; ER96–109– 1. Northern States Power Company July 24, 1996. 005; ER96–116–003; ER96–1040–002 (not consolidated)] Take notice that on July 22, 1996, [Docket No. EL94–94–001] Williston Basin Interstate Pipeline Take notice that on July 10, 1996, Take notice that the following Company (Williston Basin), 200 North Northern States Power Company informational filings have been made Third Street, Suite 300 Bismarck, North (Minnesota) and Northern States with the Commission and are on file Dakota 58501, filed a request with the Company (collectively ‘‘NSP’’) tendered and available for inspection and Commission in Docket No. CP96–648– for filing NSP’s Refund Compliance copying in the Commission’s Public 000, pursuant to Sections 157.205, and Report in response to the Commission’s Reference Room: 157.211 of the Commission’s May 20, 1996, Order accepting NSP’s On July 15, 1996, Utility—2000 Regulations under the Natural Gas Act request for waiver from Fuel Clause Energy Corporation filed certain (NGA) for authorization to construct and Regulations. information as required by the operate a new metering station and In accordance with the above Commission’s December 29, 1994, order associated appurtenant facilities near mentioned Commission Order, this in Docket No. ER95–187–000. Sheridan, Wyoming authorized in compliance filing includes amounts On July 16, 1996, ICPM, Inc. filed blanket certificate issued in Docket No. received prior to June 30, 1995. Copies certain information as required by the CP82–487–000, all as more fully set of the compliance filing have been sent Commission’s March 31, 1995, order in forth in the request on file with the to the service list maintained in these Docket No. ER95–640–000. Commission and open to public proceedings. On July 8, 1996, Auto Pro inspection. Comment date: August 6, 1996, in Incorporated filed certain information as Williston Basin proposes to construct accordance with Standard Paragraph E required by the Commission’s June 2, and operate a new metering station and at the end of this notice. 1995, order in Docket No. ER95–878– associated appurtenant facilities to 000. 2. Compan˜ ı´a Boliviana de Energı´a provide transportation service to On July 15, 1996, PacifiCorp Power Ele´ctrica, S.A.-Bolivian Power Montana-Dakota Utilities Co. (Montana- Marketing, Inc. filed certain information Company Limited Dakota), a local distribution company, as required by the Commission’s for ultimate use in a new subdivision [Docket No. EG96–82–000] February 2, 1996, order in Docket No. near Sheridan, Wyoming. Williston On July 16, 1996, Compan˜ ı´a Boliviana ER95–1096–000. Basin states that the facilities to be de Energı´a Ele´ctrica S.A.- Bolivian On July 16, 1996, Duke Energy constructed would consist of a 7 × 9 foot Power Company Limited (the Marketing Corp. filed certain building, meter and miscellaneous ‘‘Applicant’’) whose address is 515 information as required by the gauges and valves. Montana-Dakota Madison Avenue, 28th Floor, New York, Commission’s December 14, 1995, order further states that 100% of the actual New York 10022, filed with the Federal in Docket No. ER96–109–000. 39638 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

On July 15, 1996, Greenwich Energy Commission of Ohio and the Indiana Between Southern California Edison Partners, L.P. filed certain information Utility Regulatory Commission. Company and City of Riverside as required by the Commission’s Comment date: August 6, 1996, in The Supplemental Agreement sets December 20, 1995, order in Docket No. accordance with Standard Paragraph E forth the terms and conditions by which ER96–116–000. at the end of this notice. Edison will integrate capacity and On July 12, 1996, CoEnergy Trading 8. Wisconsin Public Service associated energy under Riverside’s Company filed certain information as Corporation DWR Power Sale Agreement V (DWR required by the Commission’s March 14, Agreement V) with Department of Water 1996 order in Docket No. ER96–1040– [Docket No. ER96–2406–000] Resources of the State of California 000. Take notice that on July 15, 1996, (DWR). The FTS Agreement sets forth 4. Central Power & Light Company Wisconsin Public Service Corporation, the terms and conditions by which tendered for filing an executed service Edison, among other things, will [Docket No. ER95–1141–001] agreement with Federal Energy Sales provide firm transmission service for Take notice that on July 1, 1996, Inc., Louis Dreyfus Electric Power Inc., the DWR Agreement V. Edison seeks Central Power & Light Company Delhi Energy Services, Inc., and waiver of the 60 day prior notice tendered for filing revised unexecuted Madison Gas & Electric Co. under its requirement and requests the copies of the transmission service CS–1 Coordination Sales Tariff. Commission assign an effective date of agreement with Rio Grande Electric Comment date: August 6, 1996, in July 16, 1996, to the Supplemental and Company. accordance with Standard Paragraph E FTS Agreement. Comment date: August 6, 1996, in at the end of this notice. Copies of this filing were served upon accordance with Standard Paragraph E 9. WWP Resource Services, Inc. the Public Utilities Commission of the at the end of this notice. State of California and all interested [Docket No. ER96–2408–000] 5. Maine Public Service Company parties. Take notice that on July 15, 1996, Comment date: August 6, 1996, in [Docket No. ER96–2402–000] WWP Resource Services, Inc. (WRS), an accordance with Standard Paragraph E Take notice that on July 15, 1996, affiliate of The Washington Water Power at the end of this notice. Maine Public Service Company (Maine Company, tendered for filing pursuant 11. Midwest Energy, Inc. Public), filed an executed Service to Rule 205, 18 CFR 385.205, an Agreement with CNG Power Services. Application for Waivers and blanket [Docket No. ER96–2411–000] Comment date: August 6, 1996, in approvals under various regulations of Take notice that on July 12, 1996, accordance with Standard Paragraph E the Commission and for an order Midwest Energy, Inc. (Midwest), at the end of this notice. accepting its FERC Electric Rate tendered for filing with the Federal 6. Florida Power & Light Company Schedule No. 1 to be effective the earlier Energy Regulatory Commission of June 30, 1996 or the date the (Commission) fully executed Service [Docket No. ER96–2403–000] Commission issues an Order in this Agreements for Opportunity Sales Take notice that on July 15, 1996, Docket. Service entered into between Midwest Florida Power & Light Company (FPL), WRS intends to engage in electric and the following four customers: City filed the Contract for Sales of Power and power and energy transactions as a of Colby, City of Jetmore, City of Oakley Energy by FPL to Duke Power Company. marketer. WRS proposes to make such and the City of LaCrosse. FPL requests an effective date of July 19, sales on rates, terms, and conditions to Midwest states that it is serving 1996. be mutually agreed to with the copies of the instant filing to its Comment date: August 6, 1996, in purchasing party. WRS is not in the customers, State Commissions and other accordance with Standard Paragraph E business of generating, transmitting, or interested parties. at the end of this notice. distributing electric power. Comment date: August 6, 1996, in Comment date: August 6, 1996, in 7. Cinergy Services, Inc. accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. [Docket No. ER96–2404–000] at the end of this notice. Take notice that on July 15, 1996, 12. Pacific Northwest Generating 10. Southern California Edison Cinergy Services, Inc. (Cinergy), Cooperative, Inc. Company tendered for filing on behalf of its [Docket No. ER96–2412–000] operating companies, The Cincinnati [Docket No. ER96–2409–000] Take notice that on July 15, 1996, Gas & Electric Company (CG&E) and PSI Take notice that on July 15, 1996, Pacific Northwest Generating Energy, Inc. (PSI), an Interchange Southern California Edison Company Cooperative, Inc. (PNGC), filed a tariff to Agreement, dated July 1, 1996 between (Edison), tendered for filing the make wholesale sales at cost-based rates Cinergy, CG&E, PSI and CNG Power following Supplemental Agreement to PNGC member cooperatives. Services Corporation (CNGPS). (Supplemental Agreement) to the 1990 Comment date: August 6, 1996, in The Interchange Agreement provides Integrated Operations Agreement (1990 accordance with Standard Paragraph E for the following service between IOA) with the City of Riverside at the end of this notice. Cinergy and CNGPS. (Riverside), FERC Rate Schedule No. 13. Northeast Utilities Service Company 1. Exhibit A—Power Sales by CNGPS 250, and associated Firm Transmission 2. Exhibit B—Power Sales by Cinergy Service Agreement (FTS Agreement): [Docket No. ER96–2413–000] Cinergy and CNGPS have requested Supplemental Agreement Between Take notice that on July 15, 1996, an effective date of July 15, 1996. Southern California Edison Company Northeast Utilities Service Company Copies of the filing were served on and The City of Riverside for the (NUSCO), on behalf of the Northeast CNG Power Services Corporation, the Integration of the DWR Power Sale Utilities Companies (The Connecticut Pennsylvania Public Utility Agreement V Light and Power Company, Western Commission, the Kentucky Public Edison-Riverside DWR–V Firm Massachusetts Electric Company, Service Commission, the Public Utilities Transmission Service Agreement Holyoke Water Power Company, and Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39639

Holyoke Power and Electric Company) transactions. The tariff sheets contain taken, but will not serve to make tendered for filing pursuant to Rule 205 summaries of such transactions under protestants parties to the proceeding. of the Federal Power Act and § 35.13 of the Rate Schedule for Power Sales for Any person wishing to become a party the Commission’s Regulations, the the period May 1, 1996 through June 30, must file a motion to intervene. Copies following rate schedules: 1996. Summaries of transactions for the of this filing are on file with the • System Power Sales Agreement period April 1, 1996 through April 30, Commission and are available for public between CL&P and Connecticut 1996 were accepted in Docket Nos. inspection. Municipal Electric Energy Cooperative ER96–1664–000 and ER96–1834–000. Linwood A. Watson, Jr., (CMEEC), dated July 1996; and MidAmerican proposes an effective Acting Secretary • date of May 1, 1996 for the rate schedule Third Amendment to Transmission [FR Doc. 96–19270 Filed 7–29–96; 8:45 am] Service Agreement between the change. Accordingly, MidAmerican BILLING CODE 6717±01±P Northeast Utilities Companies and requests a waiver of the 60-day notice CMEEC, dated July 1996. requirement for this filing. The proposed rate schedules and MidAmerican states that this date is [Docket No. ER96±2405±000, et al.] other documents relating to these rate consistent with the requirement of the schedules propose to accomplish the Southern Company Services, Inc., order PECO Energy Company, et al.; Electric following: (i) provide CMEEC with and the effective dates authorized in Rate and Corporate Regulation Filings Docket Nos. ER96–1664–000 and ER96– sufficient wholesale power service to July 24, 1996 accommodate CMEEC’s provision of 1834–000. Copies of the filing were served upon Take notice that the following filings wholesale power to the Mohegan Tribal have been made with the Commission: Utility Authority (Tribal Utility MidAmerican’s customers under the Authority), a new CMEEC participant, Rate Schedule for Power Sales and the 1. PECO Energy Company and (ii) modify the Northeast Utilities Iowa Utilities Board, the Illinois Commerce Commission and the South [Docket No. ER96–2405–000] Companies’ existing transmission Take notice that on July 15, 1996, arrangement with CMEEC to provide for Dakota Public Utilities Commission. Comment date: August 6, 1996, in PECO Energy Company (PECO), filed a the transmission of firm power to the Service Agreement dated July 8, 1996 Tribal Utility Authority as a new accordance with Standard Paragraph E at the end of this notice. with The Cleveland Electric CMEEC participant in a manner Illuminating Company (CEI) under consistent with the existing 15. Duke Power Company PECO’s FERC Electric Tariff, First arrangements among CMEEC, the [Docket No. ER96–2415–000] Revised Volume No. 4 (Tariff). The Northeast Utilities Companies and other Service Agreement adds CEI as a CMEEC participants. Take notice that on July 15, 1996, Duke Power Company (Duke), tendered customer under the Tariff. NUSCO requests that the rate PECO requests an effective date of schedule become effective on July 16, for filing a Service Agreement for Market Rate (Schedule MR) Sales July 8, 1996, for the Service Agreement. 1996, and seeks waiver of the PECO states that copies of this filing Commission’s notice requirements and between Duke and The Cincinnati Gas & Electric Company, PSI Energy, Inc. have been supplied to CEI and to the any applicable Commission Regulations. Pennsylvania Public Utility NUSCO states that copies of the rate and Cinergy Services, Inc. Comment date: August 6, 1996, in Commission. schedule have been mailed or delivered accordance with Standard Paragraph E Comment date: August 7, 1996, in to the parties to the Agreement and the at the end of this notice. accordance with Standard Paragraph E affected state utility commissions. at the end of this notice. Comment date: August 6, 1996, in 16. Duke Power Company 2. PECO Energy Company accordance with Standard Paragraph E [Docket No. ER96–2416–000] at the end of this notice. Take notice that on July 15, 1996, [Docket No. ER96–2417–000] 14. MidAmerican Energy Company Duke Power Company (Duke), tendered Take notice that on July 15, 1996, PECO Energy Company (PECO) filed a [Docket No. ER96–2414–000] for filing a Service Agreement for Market Rate (Schedule MR) Sales Service Agreement dated July 8, 1996 Take notice that on July 15, 1996, between Duke and East Kentucky Power with Old Dominion Electric Cooperative MidAmerican Energy Company, 106 Cooperative, Inc. and Schedule MR (ODEC) under PECO’s FERC Electric East Second Street, Davenport, Iowa Transaction Agreement thereunder. Tariff, First Revised Volume No. 4 52801, tendered for filing a proposed Comment date: August 6, 1996, in (Tariff). The Service Agreement adds change in its Rate Schedule for Power accordance with Standard Paragraph E ODEC as a customer under the Tariff. Sales, FERC Electric Rate Schedule, at the end of this notice. PECO requests an effective date of Original Volume No. 5. The proposed July 8, 1996, for the Service Agreement. change consists of the following: STANDARD PARAGRAPH: PECO states that copies of this filing 1. Second Revised Sheet No. 16, E. Any person desiring to be heard or have been supplied to ODEC and to the superseding First Revised Sheet No. to protest said filing should file a Pennsylvania Public Utility 16; motion to intervene or protest with the Commission. 2. Original Sheet No. 17; and Federal Energy Regulatory Commission, Comment date: August 7, 1996, in 3. Original Sheet No. 18. 888 First Street, N.E., Washington, D.C. accordance with Standard Paragraph E MidAmerican states that it is 20426, in accordance with Rules 211 at the end of this notice. submitting these tariff sheets for the and 214 of the Commission’s Rules of 3. PECO Energy Company purpose of complying with the Practice and Procedure (18 CFR 385.211 requirements set forth in Southern and 18 CFR 385.214). All such motions [Docket No. ER96–2418–000] Company Services, Inc., 75 FERC or protests should be filed on or before Take notice that on July 15, 1996, ¶ 61,130 (1996), relating to quarterly the comment date. Protests will be PECO Energy Company (PECO), filed a filings by public utilities of summaries considered by the Commission in Service Agreement dated July 8, 1996 of short-term market-based power determining the appropriate action to be with Old Dominion Electric Cooperative 39640 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

(ODEC) under PECO’s FERC Electric NSP requests that the Commission (Dayton), tendered for filing an executed Tariff Original Volume No. 1 (Tariff). accept the agreements effective June 16, Master Power Sales Agreement between The Service Agreement adds ODEC as a 1996, and requests waiver of the Dayton and Virginia Electric and Power customer under the Tariff. Commission’s notice requirements in Company (VEP). PECO requests an effective date of order for the agreements to be accepted Pursuant to the rate schedules July 8, 1996, for the Service Agreement. for filing on the date requested. attached as Exhibit B to the Agreement, PECO states that copies of this filing Comment date: August 7, 1996, in Dayton will provide to VEP power and/ have been supplied to ODEC and to the accordance with Standard Paragraph E or energy for resale. Pennsylvania Public Utility at the end of this notice. Comment date: August 7, 1996, in Commission. 7. Public Service Electric and Gas accordance with Standard Paragraph E Comment date: August 7, 1996, in at the end of this notice. accordance with Standard Paragraph E Company at the end of this notice. [Docket No. ER96–2422–000] 11. The Dayton Power and Light Company 4. PECO Energy Company Take notice that on July 16, 1996, Public Service Electric and Gas [Docket No. ER96–2426–000] [Docket No. ER96–2419–000] Company (PSE&G), tendered for filing Take notice that on July 16, 1996, The Take notice that on July 15, 1996, an agreement to provide non-firm Dayton Power and Light Company PECO Energy Company (PECO), filed a transmission service to Sonat Power (Dayton), tendered for filing an executed Service Agreement dated July 8, 1996 Marketing, Inc., pursuant to PSE&G’s Master Electric Interchange Agreement with The Toledo Edison Company (TE) Open Access Transmission Tariff between Dayton and Federal Energy under PECO’s FERC Electric Tariff, First presently on file with the Commission Sales, Inc. (FES). Revised Volume No. 4 (Tariff). The in Docket No. OA96–80–000. Pursuant to the rate schedules Service Agreement adds TE as a PSE&G further requests waiver of the attached as Exhibit B to the Agreement, customer under the Tariff. Commission’s Regulations such that the Dayton will provide to FES power and/ PECO requests an effective date of agreement can be made effective as of or energy for resale. July 8, 1996, for the Service Agreement. the date of this filing. Comment date: August 7, 1996, in PECO states that copies of this filing Comment date: August 7, 1996, in accordance with Standard Paragraph E have been supplied to TE and to the accordance with Standard Paragraph E at the end of this notice. Pennsylvania Public Utility at the end of this notice. 12. The Dayton Power and Light Commission. 8. The Dayton Power and Light Comment date: August 7, 1996, in Company Company accordance with Standard Paragraph E [Docket No. ER96–2427–000] at the end of this notice. [Docket No. ER96–2423–000] Take notice that on July 16, 1996, The Take notice that on July 16, 1996, The 5. Central Illinois Public Service Company Dayton Power and Light Company Dayton Power and Light Company (Dayton), tendered for filing an executed [Docket No. ER96–2420–000] (Dayton), tendered for filing, an Master Electric Interchange Agreement Take notice that on July 16, 1996, executed Master Electric Interchange between Dayton and TransCanada Central Illinois Public Service Company Agreement between Dayton and Coastal Power Corp. (TCP). (CIPS), submitted Service Agreements Electric Services Company (CESC). establishing Calpine Power Services Pursuant to the rate schedules Pursuant to the rate schedules Company, (CPS), Cleveland Electric attached as Exhibit B to the Agreement, attached as Exhibit B to the Agreement, Illuminating Company (CEI), Toledo Dayton will provide CESC power and/ Dayton will provide to TCP power and/ Edison Company (TE), and Williams or energy for resale. or energy for resale. Energy Services Company (WES), as Comment date: August 7, 1996, in Comment date: August 7, 1996, in new customers under the terms of CIPS’ accordance with Standard Paragraph E accordance with Standard Paragraph E Coordination Sales Tariff CST–1 (CST– at the end of this notice. at the end of this notice. 1 Tariff). 9. The Dayton Power and Light 13. The Dayton Power and Light CIPS requests effective dates Company coincident with the dates of execution Company for the four service agreements and an [Docket No. ER96–2424–000] [Docket No. ER96–2428–000] effective date of July 8, 1996, for the Take notice that on July 16, 1996, The Take notice that on July 16, 1996, The revised Index of Customers. Dayton Power and Light Company Dayton Power and Light Company Accordingly, CIPS requests waiver of (Dayton), tendered for filing an executed (Dayton), tendered for filing an executed the Commission’s notice requirements. Master Electric Interchange Agreement Master Electric Interchange Agreement Copies of this filing were served upon between Dayton and AIG Trading between Dayton and Southern Energy the four customers and the Illinois Corporation (AIG). Marketing, Inc. (SEM). Commerce Commission. Pursuant to the rate schedules Pursuant to the rate schedules Comment date: August 7, 1996, in attached as Exhibit B to the Agreement, attached as Exhibit B to the Agreement, accordance with Standard Paragraph E Dayton will provide to AIG power and/ Dayton will provide to SEM power and/ at the end of this notice. or energy for resale. or energy for resale. Comment date: August 7, 1996, in 6. Northern States Power Company Comment date: August 7, 1996, in accordance with Standard Paragraph E accordance with Standard Paragraph E [Docket No. ER96–2421–000] at the end of this notice. at the end of this notice. Take notice that on July 16, 1996, 10. The Dayton Power and Light 14. The Dayton Power and Light Northern States Power Company Company Company (Minnesota) (NSP), tendered for filing the following Transmission Service [Docket No. ER96–2425–000] [Docket No. ER96–2429–000] Agreement between NSP and Take notice that on July 16, 1996, The Take notice that on July 16, 1996, The Cenerprise, Inc. Dayton Power and Light Company Dayton Power and Light Company Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39641

(Dayton), tendered for filing an executed York, Inc. (Con Edison), tendered for Standard Paragraph Master Power Sales Agreement between filing an agreement with Federal Energy E. Any person desiring to be heard or Dayton and Old Dominion Electric Sales, Inc. (FES) to provide for the sale to protest said filing should file a Cooperative (ODEC). of energy and capacity. For energy the motion to intervene or protest with the Pursuant to the rate schedules ceiling rate is 100 percent of the Federal Energy Regulatory Commission, attached as Exhibit B to the Agreement, incremental energy cost plus up to 10 888 First Street, N.E., Washington, D.C. Dayton will provide to ODEC power percent of the SIC (where such 10 20426, in accordance with Rules 211 and/or energy for resale. percent is limited to 1 mill per Kwhr Comment date: August 7, 1996, in and 214 of the Commission’s Rules of when the SIC in the hour reflects a Practice and Procedure (18 CFR 385.211 accordance with Standard Paragraph E purchased power resource). The ceiling at the end of this notice. and 18 CFR 385.214). All such motions rate for capacity is $7.70 per megawatt or protests should be filed on or before 15. Consolidated Edison Company of hour. Energy and capacity sold by FES the comment date. Protests will be New York, Inc. will be at market-based rates. considered by the Commission in Con Edison states that a copy of this determining the appropriate action to be [Docket No. ER96–2430–000] filing has been served by mail upon Take notice that on July 16, 1996, taken, but will not serve to make FES. protestants parties to the proceeding. Consolidated Edison Company of New Comment date: August 7, 1996, in York, Inc. (Con Edison), tendered for Any person wishing to become a party accordance with Standard Paragraph E must file a motion to intervene. Copies filing an agreement with Williams at the end of this notice. Energy Services Company (WESCO) to of this filing are on file with the provide for the sale of energy and 18. Consolidated Edison Company of Commission and are available for public capacity. For energy the ceiling rate is New York, Inc. inspection. 100 percent of the incremental energy [Docket No. ER96–2433–000] Linwood A. Watson, Jr., cost plus up to 10 percent of the SIC Acting Secretary. Take notice that on July 16, 1996, (where such 10 percent is limited to 1 Consolidated Edison Company of New [FR Doc. 96–19263 Filed 7–29–96; 8:45 am] mill per Kwhr when the SIC in the hour York, Inc. (Con Edison), tendered for BILLING CODE 6717±01±P reflects a purchase power resource). The filing an agreement with Global ceiling rate for capacity is $7.70 per Petroleum Corp. (Global) to provide for megawatt hour. Energy and capacity the sale of energy and capacity. For ENVIRONMENTAL PROTECTION sold by WESCO will be at market-based energy the ceiling rate is 100 percent of AGENCY rates. Con Edison states that a copy of this the incremental energy cost plus up to [FRL±5542±3] filing has been served by mail upon 10 percent of the SIC (where such 10 WESCO. percent is limited to 1 mill per Kwhr Information Collection for Request Comment date: August 7, 1996, in when the SIC in the hour reflects a Solid Waste Disposal Facility Criteria accordance with Standard Paragraph E purchased power resource). The ceiling (Renewal) at the end of this notice. rate for capacity is $7.70 per megawatt hour. Energy and capacity sold by AGENCY: Environmental Protection 16. Consolidated Edison Company of Global will be at market-based rates. Agency (EPA). New York, Inc. Con Edison states that a copy of this ACTION: Notice of request for renewal. [Docket No. ER96–2431–000] filing has been served by mail upon SUMMARY: In compliance with the Take notice that on July 16, 1996, Global. Comment date: August 7, 1996, in Paperwork Reduction Act (44 U.S.C. Consolidated Edison Company of New 3501 et seq.), this notice announces that York, Inc. (Con Edison), tendered for accordance with Standard Paragraph E at the end of this notice. the Information Collection Request (ICR) filing an agreement with Westcoast listed below will be submitted to the Power Marketing, Inc. (WCPM) to 19. Houston Lighting & Power Company Office of Management and Budget provide for the sale of energy and [Docket No. ER96–2434–000] (OMB) under the Paperwork Reduction capacity. For energy the ceiling rate is Act, 44 U.S.C. 3501 et seq. for renewal. 100 percent of the incremental energy Take notice that on July 16, 1996, cost plus up to 10 percent of the SIC Houston Lighting & Power Company DATES: Comments must be submitted on (where such 10 percent is limited to 1 (HL&P), tendered for filing an executed or before September 30, 1996. mill per Kwhr when the SIC in the hour transmission service agreement (TSA) ADDRESSES: Comments should be sent to reflects a purchased power resource). with Entergy Arkansas, Inc., Entergy Docket Number F–96–FCIP-FFFFF The ceiling rate for capacity is $7.70 per Gulf States, Inc., Entergy Louisiana, Inc., located in the RCRA Docket Information megawatt hour. Energy and capacity Entergy Mississippi, Inc., Entergy New Center, Office of Solid Waste (5305W), sold by WCPM will be at market-based Orleans, Inc. (collectively Entergy), for U.S. Environmental Protection Agency rates. Economy Energy Transmission Service Headquarters (EPA HQ), 401 M Street, Con Edison states that a copy of this under HL&P’s FERC Electric Tariff, SW., Washington, D.C. 20460. One filing has been served by mail upon Original Volume No. 1, for original and two copies of each WCPM. Transmission Service To, From and comment should be submitted. Hand Comment date: July 8, 1996, in Over Certain HVDC Interconnections. delivery of comments should be made to accordance with Standard Paragraph E HL&P has requested an effective date of the RCRA Information Center (RIC), at the end of this notice. July 22, 1996. located at Crystal Gateway I, First Floor, Copies of this filing were served on 1235 Jefferson Davis Highway, 17. Consolidated Edison Company of Entergy and the Public Utility Arlington, VA. The RIC is open from 9 New York, Inc. Commission of Texas. a.m. to 4 p.m., Monday through Friday, [Docket No. ER96–2432–000] Comment date: August 7, 1996, in excluding federal holidays. Comments Take notice that on July 16, 1996, accordance with Standard Paragraph E may also be submitted electronically Consolidated Edison Company of New at the end of this notice. through the Internet to: rcra- 39642 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices [email protected]. Comments in on the assumption that there are 3500 However, the recordkeeping electronic format should also be existing MSWLFs and that there are an requirement is included under § 258.29 identified by the docket number F–96– estimated 200 new MSWLFs. because there is no authority under FCIP-FFFFF. All electronic comments Small or Remote MSWLFs: EPA § 258.13 to require recordkeeping. There must be submitted as an ASCII file estimates that the total burden would is a one-time reporting burden of two avoiding the use of special characters apply to approximately 800 ‘‘small’’ hours per facility. and any form of encryption. MSWLFs located in remote and/or arid Seismic Impact Zones: Less than 10% Commenters should not submit regions. The requirement is that the of the estimated 200 new MSWLFs and electronically any confidential business MSWLF owner or operator make the lateral expansions are expected to be in information (CBI). Interested persons determination that they meet the criteria a seismic impact zone. EPA has may obtain a copy of the draft ICR by in § 258.1(f)(2). There is a one-time estimated a one-time recordkeeping calling (703) 308–7261. reporting burden of two hours per requirement for this location restriction FOR FURTHER INFORMATION CONTACT: facility. of 10 hours per facility. There is a one- Allen J. Geswein, Municipal and EPA estimates that 5% (40) of the time reporting burden of two hours per Industrial Solid Waste Division, Office total number of small facilities will facility. of Solid Waste(5306W), 401 M Street, discover ground-water contamination Unstable Areas: Less than 10% of the and must notify the State Director and SW, Washington, D.C. 20460, (703)308– estimated 200 new MSWLFs and lateral comply with the liner requirements in 7261. expansions are expected to be in an Subpart B. This would occur over an unstable area. EPA assumes that owner’s SUPPLEMENTARY INFORMATION: estimated 10 years and 4 facilities per and/or operators of existing units would I. Information Collection Request year for purposes of this estimate. The have made the appropriate one-time recordkeeping burden is demonstration prior to January 1997. EPA is seeking comments on ICR estimated to be 30 hours per facility. # EPA has estimated a one-time 1381, OMB No. 2050–0122. There would be no annual burden. Title: Solid Waste Disposal Facility recordkeeping requirement for this There is a one-time reporting burden of location restriction of 10 hours per Criteria (RCRA Part 258). two hours per facility. Affected entities: Owners or operators facility. There is a one-time reporting of new MSWLFs, existing MSWLFs, and Location Restrictions burden of two hours per facility. Closure of Existing MSWLFs: Of the lateral expansions of existing MSWLFs. Airport Safety: Of the estimated 200 existing 3500 MSWLFs, EPA estimates These owners or operators could new MSWLF units and lateral that less than 2% of the owners or include Federal, State, and local expansions that are affected by this operators of existing MSWLFs that are governments, and private waste requirement, approximately 50% are located near airports (§ 258.10(a)), management companies. Facilities in expected to be within the areas of floodplains (§ 258.11(a)), or in unstable SIC codes 922, 495, 282, 281, and 287 airport safety. EPA has estimated a one- areas (§ 258.15(a)) will attempt to extend may be affected by this rule. time recordkeeping requirement for this the deadline for closure until October 9, Abstract: Under statutory authority location restriction of 10 hours per 1998. EPA estimates the one-time found in RCRA Part 258, EPA facility. There is a one-time reporting recordkeeping requirement for these 70 established mandatory regulations (See burden of two hours per facility. 40 CFR Part 258) that established the Floodplains: Of the estimated 200 facilities to be 40 hours. There is a one- criteria for Municipal Solid Waste new MSWLF units and lateral time reporting burden of two hours per Landfills (MSWLFs) that co-dispose of expansions that are affected by this facility. sewage sludge and that receive ash from requirement, approximately 20% are Operating Criteria municipal waste combustion (MWC) expected to be within the 100-year facilities (including ash monofills). EPA floodplain. EPA has estimated a one- Procedures To Exclude Hazardous believes these requirements mitigate time recordkeeping requirement for this Wastes potential hazards to human health and location restriction of 10 hours per EPA estimates an annual the environment from the potential facility. There is a one-time reporting recordkeeping burden of 10 hours per mismanagement by owners or operators burden of two hours per facility. year for each of the 3500 landfills for of MSWLFs. Except as described below, Wetlands: This requirement comes training and an annual reporting burden these criteria became effective on from the Clean Water Act (CWA) and of two hours per facility. In addition October 9, 1993. Subsequently, on incorporates EPA guidelines developed there is a one-time two hour reporting October 18, 1994, the Agency extended pursuant to the CWA. Any burden for each of the 50 landfills that the compliance date for the Financial recordkeeping requirement is are estimated to detect regulated Assurance (Subpart G) requirements attributable to implementing the CWA quantities of hazardous or PCB waste. until April 9, 1997. Additionally, on and not the MSWLF Criteria. Therefore, These 50 MSWLF owners or operators October 6, 1995, EPA delayed the in order to avoid double counting, no must notify the State Director (or the effective date for MSWLFs that receive recordkeeping requirements for this EPA Regional Administrator) if a less than 20 tons of waste per day until location provision are included in this regulated hazardous waste or PCB waste October 9, 1997. estimate. The reporting and is discovered at the facility. This adds The information covered by this ICR recordkeeping requirements are a one-time reporting burden of two will be used by the State Director to reported under OMB Control Number hours for those 50 facilities. confirm owner or operator compliance 2040–0086. with the regulations under Part 258. Fault Areas: Of the estimated 200 new Cover Material Requirements Burden Statement: The burden to MSWLF units and lateral expansions EPA assumes that owner’s and/or respondents for complying with the Part that are affected by this requirement less operators of existing units would have 258 information collection requirements than 10% are expected to be in a fault made the appropriate demonstration is approximately 298,000 hours per area. A one-time recordkeeping prior to January 1998; therefore, there is year, with an annual cost of requirement for this location restriction no burden for existing units. Of the $12,700,000. These burdens are based of 10 hours per facility is estimated. estimated 200 new MSWLFs and lateral Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39643 expansions that are eligible for these requirement under the Part 258 rules for estimates that 80% of the States demonstrations, EPA estimates that less § 258.40(c). required ground-water monitoring prior than 10% are expected to conduct the to the promulgation of Part 258, Alternative Point of Compliance demonstrations. For MSWLF units however, Part 258 contains monitoring making the demonstration, EPA has This one-time reporting requirement parameters not usually found in State estimated a one-time recordkeeping is the responsibility of the Director of an rules. For the purposes of this analysis, burden of 24 hours per facility. There is approved State. There is no EPA assumed that current State a one-time reporting burden of two recordkeeping or reporting requirement regulations already captured 5 hours per hours for those 20 facilities. for the owner or operator. The Director year of the total annual reporting burden of an approved State may voluntarily Explosive Gases Control for detection monitoring; therefore, this choose to use an alternative point of rule imposes an incremental burden of EPA estimates a one time compliance. The Director of an 27 hours per year for landfills in the recordkeeping burden of 24 hours to set approved State must consider the States with monitoring requirements up a methane monitoring program for factors at § 258.40(d)(1)–(8) in (i.e., 80% of the landfills or 2800 the estimated 200 new units and 6 hours demonstrating (documenting) that the landfills). For the remaining 700 per year recordkeeping burden to record alternative point of compliance meets landfills in States without groundwater the results of the monitoring for each of the performance standard. EPA assumes monitoring requirements and the 200 the 3500 operating units. that all States that are considering this new MSWLF units per year, EPA The requirement to develop a approach will have made the assumed that all would incur the entire remediation plan and report to the State appropriate demonstration prior to annual reporting burden of 32 hours per would only apply to those facilities that January 1998 and there will be no year. There is an annual recordkeeping exceed the standards for methane at the burden from this requirement. requirement of 2 hours for each facility. facility. EPA estimates that this will occur at 50 of the 3500 operating Ground-Water Monitoring and Assessment Monitoring Program Corrective Action facilities per year and that each of these EPA assumes that the only facilities facilities would have a one-time ‘‘No Migration Petitions’’ that will need to establish an assessment recordkeeping burden of 16 hours per Owners and operators of MSWLFs monitoring program are existing year. There is a one-time reporting may demonstrate (document) that there MSWLF units. None of the new MSWLF burden of two hours for those 50 is no potential for migration of units are expected to require assessment facilities. hazardous constituents from the facility. monitoring prior to January 2000. Liquids Restrictions The demonstration is to be based on For assessment monitoring, EPA site-specific data and fate and transport estimated that this rule would impose a This one-time reporting requirement reporting burden of 32 hours per will apply only to the facilities that modeling. EPA estimates no more than 5 owners or operators will attempt this occurrence per year. The Agency’s recirculate gas condensate or leachate Regulatory Impact Analysis assumes and that have composite liners. Of the demonstration per year. EPA assumes that the required documentation would that approximately one third of the 200 new MSWLFs, EPA estimates that facilities will contaminate ground water there are 100 such facilities. EPA result in a one-time reporting such that assessment monitoring and assumes that the required recordkeeping requirement of 100 hours per facility. corrective action are required. The would take 2 hours per facility and that Section 258.50(a) does not contain number impacted would not include the the one-time reporting requirement will recordkeeping requirements, however, 800 ‘‘qualifying’’ small MSWLFs take 2 hours per facility. the one-time recordkeeping requirements of 2 hours per facility that because they will be exempted, Recordkeeping Requirements are contained in § 258.29 have been therefore, about 900 facilities [1⁄3 (3500 Owners and operators of MSWLFs included here for simplicity. ¥ 800)] are included in the recordkeeping estimate. This estimate must notify the State Director when any Establish GWM Systems of the demonstrations (documentation) includes the facilities that voluntarily required by other sections of this rule EPA reviewed State permit programs choose to make the ‘‘false positives’’ have been added to the facility and found that 80% of the States had demonstration at § 258.55(g)(2). There is operating record. The recordkeeping requirements to set up groundwater an annual recordkeeping requirement of and reporting requirements for § 258.13 monitoring systems prior to the 2 hours for each facility. (Fault areas) of 10 hours per facility are promulgation of Part 258; therefore, the Agency assumed the one-time reporting ‘‘False Positives’’ contained in this section. requirement of 20 hours per facility See the discussion for § 258.55— Design Criteria would result for 20% of the 200 (40) Assessment Monitoring Program. new facilities. There are one-time Alternative Liner Design Selection of Remedy recordkeeping requirements at Owners or operators of MSWLFs in §§ 258.51(d)(1)(ii), 258.53(a) and For corrective action, EPA estimated approved States may be permitted to use 258.53(g). Each of the three sections has an annual burden of 200 hours per year an alternative liner design. The owner a 2 hours per facility recordkeeping to document progress in clean up or operator must demonstrate requirement for a total of 6 hours per activities. Approximately one-half of the (document) that the alternative liner facility. States have corrective action rules; design meets the performance standard therefore, the Agency assumes that 450 Detection Monitoring Program in § 258.40(a)(1). To date, this design facilities (approximately 1⁄2 of 900 option has been chosen by only a very Of the 3500 operating facilities, 800 facilities) would have increased few MSWLFs, EPA estimates that 5% of are qualifying ‘‘small’’ MSWLFs that reporting burdens. the 200 new MSWLFs will undertake will be exempted from Subpart E. EPA The estimated reporting burden this one-time reporting requirement and estimates that the total annual reporting includes consideration of § 258.57(d), EPA estimates the burden at 40 hours burden for detection monitoring to be 32 the requirement to establish a schedule per facility. There is no recordkeeping hours per year. As discussed above, EPA for implementing and completing 39644 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices remedial measures. The estimated adjusting cost estimates for inflation for by these forms. The Agency would burden also includes consideration of closure, post-closure care (§ 258.72), and appreciate any information on the users § 258.57(e), the conditions that would known corrective actions (§ 258.73). A of this information, how they use this allow no ground-water clean up. review of State rules indicated that 40% information, how the information could There are annual recordkeeping of the States had requirements for be improved, and how the burden for burdens at §§ 258.57(b), 258.58(d), and financial assurance, therefore, 2100 these forms can be reduced. In addition, 258.58(e). Each of these annual facilities (60% of 3500) are included in the Agency is also soliciting comments recordkeeping burdens requires 2 hours the estimate. There is an annual that: per facility per year for a total of 6 recordkeeping burden of 2 hours per (I) Evaluate whether the proposed hours. facility. collection of information is necessary for the proper performance of the Implementation of the Corrective Action Estimating Respondent Costs functions of the agency, including Program For estimated costs to respondents, whether the information will have EPA assumes that no owner or see Exhibits 1 through 4 of the practical utility; operator will have completed Corrective supporting document. (ii) Evaluate the accuracy of the Action and, therefore, be required to For the purpose of preparing the cost agency’s estimate of the burden of the comply with § 258.58(f) prior to January and burden estimates for this ICR, EPA proposed collection of information, 2000. Section 258.58(f) is the only examined ICRs for similar programs that including the validity of the recordkeeping or reporting burden in have already been approved by OMB. methodology and assumptions used; § 258.58 that is not included in the These ICRs were for the UST program (iii) Enhance the quality, utility, and recordkeeping and reporting estimates (Subtitle I) and the Subtitle C program. clarity of the information to be for § 258.57 of the rule, therefore, this Additionally EPA reviewed the previous collected; and section contains no additional reporting ICR submitted under the RCRA Subtitle (iv) Minimize the burden of the or recordkeeping requirements. D program. collection of information on those who For the purpose of preparing the cost Closure and Post-Closure Care are to respond, including through the and burden estimates for this ICR, EPA use of appropriate automated electronic, Closure Criteria examined ICRs for similar programs that mechanical, or other technological EPA estimates that a one-time burden have already been approved by OMB. collection techniques or other forms of of 16 hours per facility is required to These ICRs were for the UST program information technology, e.g., permitting document the closure plan. A review of (Subtitle I) and the Subtitle C program. electronic submission of responses. Additionally EPA reviewed the previous the State rules indicated that 80% of the III. Public Docket current State requirements contain a ICR submitted under the RCRA Subtitle similar provision that would require the D program. A record has been established for this action under docket number F–96– owner or operator to submit the same Estimating State and Agency Burden FCIP–FFFFF. A public version of this type of information that EPA would and Cost require in a closure plan. Therefore, 40 record, including printed, paper All information is submitted to the versions of electronic comments, which facilities (20% of the estimated 200 new States; therefore, Agency burden and facilities) would have increased does not include any information cost is negligible. The State burden for claimed as CBI, is available for reporting burdens. EPA assumes that all recordkeeping will be to process the existing and lateral expansions will inspection from 8 a.m. to 4:30 p.m., notifications of the State Directors sent Monday through Friday, excluding legal have developed the closure plan prior to by the owners and/or operators of the January 1998. There is a one-time holidays. The public record is located in MSWLFs, review of MSWLFs the RCRA Information Center (RIC), recordkeeping burden of 2 hours per demonstrations, and certification of facility. located at Crystal Gateway I, First Floor, requirements. States will be notified, as 1235 Jefferson Davis Highway, Post-Closure Care Requirements specified previously under 3(I). Arlington, VA. EPA estimates the annual reporting The recordkeeping burden to process No person is required to respond to a burden for the post-closure care plan to these notifications is estimated to be 0.5 collection of information unless it be 16 hours per facility. The review of hours per notification. displays a currently valid OMB control The reporting burden to review State rules found that 60% of the number. The OMB control numbers for demonstrations from owners and/or current State rules contained similar EPA’s regulations are displayed in 40 operators is estimated to be 1 hour per requirements that would require the CFR Part 9. demonstration. The recordkeeping owner or operator to submit the same burden to process these demonstrations Dated: July 18, 1996. type of information that EPA would from owners and/or operators is James R. Berlow, require in the post-closure care plans. estimated to be 1 hour per Acting Director, Office of Solid Waste. Therefore, 1400 facilities (40% of 3500) demonstration. The reporting burden to [FR Doc. 96–19326 Filed 7–29–96; 8:45 am] would have reporting and certify demonstrations is estimated to be BILLING CODE 6560±50±P recordkeeping burdens. There is an 1 hour per certification and a annual recordkeeping burden of 2 hours recordkeeping burden of 1 hour per per facility. [FRL±5544±2] certification. Financial Assurance Criteria II. Request for Comments Agency Information Collection Financial Assurance for Closure Activities: Submission for OMB The Agency will begin an effort to Review; Comment Request; NPDES The estimated annual reporting examine the Solid Waste Disposal Compliance Assessment and burden for the financial assurance Facility Criteria (RCRA PART 258) Certification Information requirements is 4 hours per year per forms and consider options for reducing facility for all financial assurance their burden and increasing the AGENCY: Environmental Protection requirements. This includes annually usefulness of the information collected Agency (EPA). Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39645

ACTION: Notice. respond to, a collection of information Dated: July 23, 1996. unless it displays a currently valid OMB Joseph Retzer, SUMMARY: In compliance with the control number. The OMB control Director, Regulatory Information Division. Paperwork Reduction Act (44 U.S.C. numbers for EPA’s regulations are listed 3501 et seq.), this notice announces that [FR Doc. 96–19324 Filed 7–29–96; 8:45 am] in 40 CFR Part 9 and 48 CFR Chapter BILLING CODE 6560±50±P the following Information Collection 15. The Federal Register Notice Request (ICR) has been forwarded to the required under 5 CFR 1320.8(d), Office of Management and Budget soliciting comments on this collection [FRL±SS44±6] (OMB) for review and approval: the of information was published on April Proposed Administrative Settlement National Pollutant Discharge 9, 1996 (61 FR 15801; a technical Under Section 122(h) and Section Elimination System (NPDES) correction was published on May 8, Compliance Assessment/Certification 106(a) of the Comprehensive 1996 (61 FR 20814). No comments were Information (OMB Control No. 2040– Environmental Response, received. 0110, expiration date 9/30/96). The ICR Compensation and Liability Act of 1980 describes the nature of the information Burden Statement: The annual public (CERCLA), as Amended, 42 U.S.C. collection and its expected burden and reporting and recordkeeping burden for 9622(h) and 42 U.S.C. 9606(a), Black cost; where appropriate, it includes the this collection of information is Hawk Iron and Metals Site, Waterloo, actual data collection instrument. estimated to average 6 hours per IA DATES: Comments must be submitted on response. Burden means the total time, AGENCY: Environmental Protection or before August 29, 1996. effort, or financial resources expended Agency. FOR FURTHER INFORMATION OR A COPY by persons to generate, maintain, retain, ACTION: Notice of proposed CALL: Sandy Farmer at EPA, (202) 260– or disclose or provide information to or administrative settlement; Black Hawk 2740, and refer to EPA ICR No. 1427.05. for a Federal agency. This includes the time needed to review instructions; Iron and Metal Site, Waterloo, Iowa. SUPPLEMENTARY INFORMATION: develop, acquire, install, and utilize SUMMARY: The Environmental Protection technology and systems for the purposes Title: Information Collection Request Agency (EPA) is proposing to enter into of collecting, validating, and verifying for the National Pollutant Discharge an administrative settlement to resolve information, processing and Elimination System (NPDES) claims under the Comprehensive maintaining information, and disclosing Compliance Assessment/Certification Environmental Response, Compensation and providing information; adjust the Information (OMB Control No. 2040– and Liability Act of 1980 (CERCLA), as existing ways to comply with any 0110; EPA ICR No. 1427.05) expiring 9/ amended, 42 U.S.C. 9622(h). This previously applicable instructions and 30/96. This is a revision of a currently settlement is intended to resolve the requirements; train personnel to be able approved collection. liability of Chicago Central & Pacific Abstract: Compliance assessment to respond to a collection of Railroad, for the response costs incurred reporting requirements consist of information; search data sources; and to be incurred at the Black Hawk routine submittals which may include complete and review the collection of Iron and Metal Superfund Site, annual certifications, reports submitted information; and transmit or otherwise Waterloo, Iowa. when a compliance schedule milestone disclose the information. is reached, and non-routine submittals, DATES: Written comments must be Respondents/Affected Entities: provided on or before August 29, 1996. which are required when certain NPDES permittees. conditions occur (e.g., unanticipated ADDRESSES: Comments should be bypass). Permit writers need this Estimated Number of Respondents: addressed to Belinda Holmes, Assistant information to determine if permittees 23,673. Regional Counsel, United States are complying with the terms and Frequency of Response: Variable, as Environmental Protection Agency, conditions of their permits. The needed. Region VII, 726 Minnesota Avenue, Kansas City, Kansas 66101 and should information is mandatory, established Estimated Total Annual Hour Burden: refer to: In the Matter of Black Hawk by (1) reporting requirements in 40 CFR 744,865 hours. Part 122, Sections: 122.41(e)(5); 122.41 Iron and Metal Site, Waterloo, Iowa, (j) and (l); 122.41 (m) and (n); 122.44; Send comments on the Agency’s need Chicago Central & Pacific Railroad, EPA and, (2) inspection and recordkeeping for this information, the accuracy of the Docket No. 96–F–0006. requirements for storm water associated provided burden estimates, and any FOR FURTHER INFORMATION CONTACT: with industrial discharges in 40 CFR suggested methods for minimizing Belinda Holmes, Assistant Regional Part 122, Section 122.41(i)(4) (i) and (ii). respondent burden, including through Counsel, United States Environmental This ICR fully integrates compliance the use of automated collection Protection Agency, Region VII, 726 assessment requirements previously techniques to the following addresses. Minnesota Avenue, Kansas City, Kansas covered under the Storm Water Please refer to EPA ICR No.1427.05 and 66101, (913) 551–7714. OMB Control No.2040–0110 in any Implementation ICR (OMB No. 2040– SUPPLEMENTARY INFORMATION: The 0004); sewage sludge; and certification correspondence. proposed settling party is Chicago for exemption from monitoring for Ms. Sandy Farmer, U.S. Environmental Central and Pacific Railroad Company seven industrial categories (OMB No. Protection Agency, OPPE Regulatory (CCP), the owner and operator of 2040–0033); and, includes consideration Information Division (2137), 401 M approximately a 0.25 acre active for new storm water sources, many of Street, SW., Washington, DC 20460 railroad spur, that is part of the Black which were permitted for the first time Hawk Iron and Metal Superfund Site in the last three years. Users of the data and (the Site). include Federal (EPA) and State Office of Information and Regulatory The Black Hawk Iron and Metal Site permitting authorities for determining Affairs, Office of Management and was operated as a scrap metal salvage compliance under the above citations. Budget, Attention: Desk Officer for operation from the early 1950s until An agency may not conduct or EPA, 725 17th Street, NW., May, 1991. At least three separate sponsor, and a person is not required to Washington, DC 20503. businesses have operated at the Site, 39646 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices including Black Hawk Iron and Metal, showed lead in surface soil at availability of files comprising the Inc., R&M Midwest Metals, Inc., and concentrations up to 1,690 mg/kg, and administrative record for the selection Capital Metals, Inc. Various salvage in subsurface soil at concentrations up of response actions at the following operations at the Site included resale of to 17,840 mg/kg. sites. The authority for selection of scrap metal and transformers and lead On August 28, 1995, the Regional response action at these sites is found in reclamation from batteries, as well as Administrator of EPA Region VII, signed the Comprehensive Environmental smelting of copper and other metals. an Action Memorandum authorizing a Response, Compensation, and Liability The Site is approximately 4.5 acres in second removal action at the Site. The Act (CERCLA) as amended. The size and is comprised of two parcels, Action Memorandum, among other administrative record file includes divided by a 0.25 acre active railroad things, authorized EPA to excavate and documents which form the basis for the spur owned and operated by CCP. The dispose of contaminated surface soil at selection of a response action. EPA Site is surrounded by approximately the Site, including the soil beneath and seeks to inform the public of the twenty-three (23) single family around the rail spur owned by availability of the record files. This is residences on the West, North and East Respondent. The total cost of cleanup of not an inclusive list of sites at which sides. The strip of land on which the the Site was estimated at approximately EPA is taking action under CERCLA, nor rail spur is built was conveyed to the $3.8 million. The Action Memorandum does it provide an inclusive list of Dubuque & Sioux City Railroad includes a determination by EPA that actions taking place at any site. The list Company by two separate deeds in the Site, if unaddressed, presents an does not include Federally-owned October, 1925 and June, 1928. The strip imminent and substantial endangerment facilities or response actions for which of property, including the rail spur, was to public health or welfare or to the a State Agency is the lead Agency. conveyed to the Illinois Central Railroad environment. Part of the basis for this Provisions surrounding Company in December, 1985 as part of determination was the continued administrative record files for CERCLA CCP’s purchase of several rail lines from possibility that neighborhood children responses—including provisions for Illinois Central Railroad. The parcels would be exposed to the contamination public availability, submission of public north and south of the rail spur are at the Site by trespassing on the Site or comments, and EPA responses to owned by other potentially responsible by inhalation of dust blown from the comments—are found in National parties. The south 1.3 acre parcel was Site. Contingency Plan (NCP) Sections used for the disposal of broken battery The proposed settlement provides 300.415(m), 300.439(f)(3), and Subpart I. casings and the scrap debris, including that Respondent shall comply with the For the actions listed below, empty wooded wire rope spools. following provisions: administrative record files have been or In November, 1993, neighborhood 1. CCP shall pay to the EPA soon will be available for public residents reported to the Waterloo Fire Hazardous Substance Superfund ninety inspection. Among files that are Department that a child had returned thousand dollars ($90,000.00) in available, some have already entered a home from the Site with a small jar of reimbursement of past and future public comment period, while others metallic mercury which the child had response costs. In addition, the have not. collected while playing at the Site. The settlement required CCP to perform a FOR FURTHER INFORMATION CONTACT: Waterloo Fire Department referred the portion of the work at the Site, Contact the Administrative Record matter to the Black Hawk County Health including removing and replacing rails Coordinator (ARC) for the Region in Department and IDNR for investigation. and equipment, and grading and which the site occurs. Administrative IDNR requested assistance from EPA, building a crossing. Records Coordinators and their and EPA personnel visited the Site and 2. CCP is also required to provide telephone numbers are listed in the collected several samples form the Site. access to the property within the site notice at the beginning of each Regional Mercury in concentrations of up to owned by CCP until EPA completion of section. 3,490 mg/kg, arsenic in concentrations all response activities at the Site. up to 59.9 mg/kg, antimony in 3. The proposed settlement further Dated: July 1, 1996. concentrations up to 1,200 mg/kg, provides CCP with a covenant not to sue Linda Boornazian, copper in concentrations up to 313,000 CCP for judicial imposition of damages Acting Director, Office of Site Remediation mg/kg, and lead in concentrations up to or civil penalties or to take Enforcement. 53,000 mg/kg were present in soils at administrative action against CCP For further information on Region 1 the site. In addition soil samples from provided CCP performs as required sites, contact Administrative Record ten of the adjacent residents contained under the terms of the settlement. Coordinator Margaret Meehan, at 617/ lead in concentrations exceeding 500 The settlement has been approved by 573–9647. mg/kg. the Attorney General in accordance with Atlas Tack Corp MAD001026319, A large percentage of the surface area Section 122(h)(1) of CERCLA, 42 U.S.C. Bristol County, MA of CCP’s property was covered with 122A(h)(1). Operable Unit 01: Remedial battery casings and fragments of lead Investigation started on 9/18/89 Dated: July 5, 1996. plates. Barkhamsted-New Hartford Landfill In June 1994, EPA conducted an William Rice, CTD980732333, Litchfield County, emergency removal action to stabilize Acting Regional Administrator. CT conditions at the Site. Residential soils [FR Doc. 96–19327 Filed 7–29–96; 8:45 am] Operable Unit 01: Remedial containing lead at levels greater than BILLING CODE 6560±50±M Investigation started on 9/30/91 500 mg/kg were removed and Bennington Municipal Sanitary Landfill impounded on-site. In addition, 3,500 VTD981064223, Bennington [FRL±5540±4] linear feet of security fencing was County, VT installed around the north and south Notice of Availability for Administrative Operable Unit 01: Remedial parcels. During the summer of 1995, Records of CERCLA Response Actions Investigation started on 6/28/91 CCP performed its own investigation of BFI Sanitary Landfill (Rockingham) the Soils on the 0.25 acre rail spur. SUMMARY: The Environmental Protection VTD980520092, Windham County, Results of sampling conducted by CCP Agency (EPA) announces the VT Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39647

Operable Unit 01: Non-Time-Critical Pine Street Canal VTD980523062, Operable Unit 02: Remedial Removal started on 7/26/94 Chittenden County, VT Investigation started on 3/29/85 Burgess Brothers Landfill Operable Unit 01: Remedial Chemical Leaman Tank Lines, Inc. VTD003965415, Bennington Investigation started on 7/22/94 NJD047321443, Gloucester County, County, VT Raymark Industries, Inc. NJ Operable Unit 01: Remedial CTD001186618, Fairfield County, Operable Unit 02: Remedial Investigation started on 8/27/91 CT Investigation started on 7/15/85 Central Landfill RID980520183, Operable Unit 00: Removal started on Chemsol, Inc NJD980528889, Middlesex Providence County, RI 6/15/93 County, NJ Operable Unit 02: Remedial Operable Unit 03: Remedial Operable Unit 01: Remedial Investigation started on 8/25/94 Investigation started on 9/20/93 Investigation started on 9/28/90 Davis (GSR) Landfill RID980731459, Rose Hill Regional Landfill Ciba-Geigy Corp NJD001502517, Ocean Providence County, RI RID980521025, Washington County, County, NJ Operable Unit 01: Remedial RI Operable Unit 02: Remedial Investigation started on 9/27/90 Operable Unit 01: Remedial Investigation started on 7/5/89 Fletcher’s Paint Works & Storage Investigation started on 9/30/90 Remedial Investigation started on 9/ NHD001079649, Hillsborough Saco Municipal Landfill 30/89 County, NH MED980504393, York County, ME CPS/Madison Industries NJD002141190, Operable Unit 01: Remedial Operable Unit 01: Remedial Middlesex County, NJ Investigation started on 7/29/90 Investigation started on 9/26/95 Operable Unit 01: Remedial Gallup’s Quarry CTD108960972, Shpack Landfill MAD980503973, Bristol Investigation started on 1/15/83 Windham County, CT County, MA Curcio Scrap Metal, Inc NJD011717584, Operable Unit 01: Remedial Operable Unit 01: Remedial Bergen County, NJ Investigation started on 9/7/93 Investigation started on 9/24/90 Operable Unit 02: Remedial Gaynor Stafford Industries Solvents Recovery Service New England Investigation started on 4/21/95 CTD001140375, Tolland County, CTD009717604, Hartford County, Davis & Geck Inc PRD091200477, CT CT Manati County, PR Operable Unit 00: Time-Critical Operable Unit 00: Non-Time-Critical Operable Unit 03: Remedial Removal started on 3/1/96. Primary Removal started on 9/18/94 Investigation started on 6/2/89 Contaminants: Chromic Acid, Operable Unit 03: Remedial Denzer & Schafer X-Ray Co Asbestos, Benzoic Acid, Copper Investigation started on 8/12/88 NJD046644407, Ocean County, NJ Potassium Permanganate Wells G&H MAD980732168, Middlesex Operable Unit 00: Time-Critical Industri-Plex MAD076580950, County, MA Removal started on 4/24/96 Middlesex County, MA Operable Unit 02: Remedial Diamond Alkali Co NJD980528996, Operable Unit 02: Remedial Investigation started on 9/28/90 Essex County, NJ Investigation started on 5/30/90 Operable Unit 03: Remedial Operable Unit 02: Remedial Remedial Investigation started on 12/ Investigation started on 9/28/90 Investigation started on 4/20/94 8/89 For further information on Region 2 Dover Municipal Well 4 NJD980654131, Iron Horse Park MAD051787323, sites, contact Administrative Record Morris County, NJ Middlesex County, MA Coordinators Jennie Delcimento Operable Unit 02: Remedial Operable Unit 03: Remedial (remedial sites), at 212/637–4296, or Investigation started on 7/6/93 Investigation started on 1/31/90 Lisa Guarneiri (removal sites), at 908/ Dupont /NECCO Park NYD980532162, Kellogg-Deering Well Field 321–6180. Niagara County, NY CTD980670814, Fairfield County, ALCOA Aggregation Site Operable Unit 01: Remedial CT NYD980506232, St Lawrence Investigation started on 9/29/89 Operable Unit 03: Remedial County, NY Evor Phillips Leasing NJD980654222, Investigation started on 5/16/90 Operable Unit 01: Remedial Morris County, NJ New Bedford Site MAD980731335, Investigation started on 12/15/89 Operable Unit 02: Remedial Bristol County, MA Barceloneta Landfill PRD980509129, Investigation started on 2/15/96 Operable Unit 03: Remedial Florida County, PR Facet Enterprises, Inc, NYD073675514, Investigation started on 9/28/93 Operable Unit 01: Remedial Chemung County, NY New England Precision Prod (D & S Investigation started on 9/28/90 Operable Unit 01: Remedial Screw) RID001188325, Providence Bridgeport Rental & Oil Services Investigation started on 5/22/86 County, RI NJD053292652, Gloucester County, Fair Lawn Well Field NJD980654107, Operable Unit 00: Time-Critical NJ Bergen County, NJ Removal started on 5/8/96 Operable Unit 02: Remedial Operable Unit 01: Remedial Primary Contaminants: Acetone, Investigation started on 9/29/88 Investigation started on 9/30/92 Nitric Acid, Methyl Ethyl Ketone Bullock Property NJD986618031, Forest Glen Mobile Home Subdivision Trichloroethylene Atlantic County, NJ NYD981560923, Niagara County, New Hampshire Plating Co Operable Unit 00: Time-Critical NY NHD001091453, Hillsborough Removal started on 2/6/96 Operable Unit 02: Remedial County, NH Carroll & Dubies Sewage Disposal Investigation started on 9/30/92 Operable Unit 01: Remedial NYD010968014, Orange County, Franklin Burn Site NJD986570992, Investigation started on 7/14/92 NY Gloucester County, NJ Nyanza Chemical Waste Dump Operable Unit 02: Remedial Operable Unit 01: Remedial MAD990685422, Middlesex Investigation started on 7/31/92 Investigation started on 9/30/92 County, MA Chemical Insecticide Corp Glen Ridge Radium Site NJD980785646, Operable Unit 04: Remedial NJD980484653, Middlesex County, Essex County, NJ Investigation started on 2/18/93 NJ Operable Unit 02: Remedial 39648 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

Investigation started on 3/30/90 Kin-Buc Landfill NJD049860836, Removal started on 3/19/96 Grand Street Mercury Site Middlesex County, NJ Pohatcong Valley Ground Water NJ0001327733, Hudson County, NJ Operable Unit 00: Removal started on Contaminan NJD981179047, Warren Operable Unit 00: Time-Critical 9/23/83. Primary Contaminants: County, NJ Removal started on 1/5/96 PCB, Acids Operable Unit 01: Remedial Hercules, Inc. (Gibbstown Plant) Li Tungsten Corp NYD986882660, Investigation started on 9/30/88 NJD002349058, Gloucester County, Nassau County, NY Pollution Abatement Services NJ Operable Unit 00: Emergency NYD000511659, Oswego County, Operable Unit 02, Remedial Removal started 1/5/96 Time- NY Investigation started on 7/2/86 Critical Rem. started 4/4/96 Operable Unit 03: Non-Time-Critical Higgins Disposal NJD053102232, Operable Unit 01: Remedial Removal started on 9/30/94 Somerset County, NJ Investigation started on 8/26/92 Pulverizing Services NJD980582142, Operable Unit 01: Remedial Liberty Industrial Finishing Burlington County, NJ Investigation started on 5/17/90 NYD000337295, Nassau County, Operable Unit 01: Remedial Higgins Farm NJD981490261, Somerset NY Investigation started on 3/31/89 County, NJ Operable Unit 01: Remedial Quanta Resources NJD000606442, Operable Unit 00: Time-Critical Investigation started on 9/28/90 Bergen County, NJ Removal started on 4/11/96 Operable Unit 02: Remedial Operable Unit 00: Time-Critical Hooker Chemical/Ruco Polymer Corp Investigation started on 9/30/95 Removal started on 12/14/95 NYD002920312 Nassau County, NY Ludlow Sand & Gravel NYD013468939, Reynolds Metals Co NYD002245967, St. Operable Unit 03: Remedial Oneida County, NY Lawrence County, NY Investigation started on 9/23/94 Operable Unit 02: Remedial Operable Unit 00: Removal started on Hopkins Farm NJD980532840, Ocean Investigation started on 11/12/89 9/10/90 County, NJ Malta Rocket Fuel Area NYD980535124, Richardson Hill Road Landfill/Pond Operable Unit 01: Remedial Saratoga County, NY NYD980507735, Delaware County, Investigation started on 2/3/87 Operable Unit 01: Remedial NY Hudson River PCBs NYD980763841, Investigation started on 11/10/89 Operable Unit 01: Remedial Warren County, NY Maywood Chemical Co NJD980529762, Investigation started on 7/22/87 Operable Unit 02: Remedial Bergen County, NJ Ringwood Mines Landfill Investigation started on 7/25/90 Operable Unit 01: Remedial NJD980529739, Passaic County, NJ Industrial Latex Corp NJD981178411, Investigation started on 9/21/87 Operable Unit 00: Removal started on Bergen County, NJ Monitor Devices/Intercircuits Inc 9/12/89 Operable Unit 02: Remedial NJD980529408, Monmouth County, Rockaway Borough Well Field Investigation started on 9/30/93 NJ NJD980654115, Morris County, NJ Industry Court Site NY0001327725, Operable Unit 01: Remedial Operable Unit 03: Remedial Suffolk County, NY Investigation started on 3/12/92 Investigation started on 9/30/92 Operable Unit 00: Time-Critical Montclair/West Orange Radium Site Remedial Investigation started on 9/ Removal started on 3/20/96 NJD980785653, Essex County, NJ 27/95 Island Chemical Corp/V.I. Chemical Operable Unit 02: Remedial Roebling Steel Co NJD073732257, Corp VID980651095, St. Croix Investigation started on 3/30/90 Burlington County, NJ County, VI Newstead Site NYD986883387, Erie Operable Unit 04: Remedial Operable Unit 01: Remedial County, NY Investigation started on 9/29/92 Investigation started on 9/29/94 Operable Unit 01: Remedial Operable Unit 05: Remedial Janssen Inc. PRD980536049, Gurabo Investigation started on 9/26/90 Investigation started on 9/30/95 County, PR North Bloomfield NYD982181414, Rosen Brothers Scrap Yard/Dump Operable Unit 03: Remedial Livingston County, NY NYD982272734, Cortland County, Investigation started on 3/28/91 Operable Unit 01: Remedial NY Johnson & Towers NJD002300051, Investigation started on 5/11/89 Operable Unit 01: Remedial Burlington County, NJ North Sea Municipal Landfill Investigation started on 1/4/90 Operable Unit 01: Remedial NYD980762520, Suffolk County, Sayreville Landfill NJD980505754, Investigation started on 11/22/85 NY Middlesex County, NJ Jones Chemical, Inc NYD000813428, Operable Unit 02: Remedial Operable Unit 02: Remedial Livingston County, NY Investigation started on 7/27/89 Investigation started on 11/26/91 Operable Unit 01: Remedial Olean Well Field NYD980528657, Scientific Chemical Processing Investigation started on 3/29/91 Cattaraugus County, NY NJD070565403, Bergen County, NJ Jones Sanitation NYD980534556, Operable Unit 02: Remedial Operable Unit 02: Remedial Dutchess County, NY Investigation started on 6/25/91 Investigation started on 12/19/88 Operable Unit 01: Remedial Remedial Investigation started on 6/ Shieldalloy Corp NJD002365930, Investigation started on 3/26/91 25/91 Gloucester County, NJ Kauffman & Minteer, Inc Onondaga Lake NYD986913580, Operable Unit 02: Remedial NJD002493054, Burlington County, Onondaga County, NY Investigation started on 10/5/88 NJ Operable Unit 01: Remedial St Lawrence Pulp & Paper Corp. Operable Unit 01: Remedial Investigation started on 5/10/93 NYD000332924, St Lawrence Investigation started on 4/11/89 Remedial Investigation started on 9/ County, NY Kentucky Avenue Well Field 30/94 Operable Unit 00: Time-Critical NYD980650667, Chemung County, Orchard Place (Qual Krom) Removal started on 5/13/96 NY NYD071091292, Dutchess County, Strathmere River NJD982540197, Cape Operable Unit 03: Remedial NY May County, NJ Investigation started on 8/8/91 Operable Unit 00: Time-Critical Operable Unit 00: Removal started on Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39649

12/15/87 Investigation started on 6/19/95 Elizabethtown Landfill PAD980539712, Syosset Landfill NYD000511360, Berkley Products Co Dump Lancaster County, PA Nassau County, NY PAD980538649, Lancaster County, Operable Unit 01: Remedial Operable Unit 02: Remedial PA Investigation started on 9/28/90 Investigation started on 11/15/90 Operable Unit 01: Remedial Elrama School PAD981034994, Torne Valley Road Site NY0001407857, Investigation started on 3/12/90 Washington County, PA Rockland County, NY Berks Landfill PAD000651810, Berks Operable Unit 00: Remedial Operable Unit 00: Emergency County, PA Investigation started on 9/4/91 Removal started on 4/20/96 Operable Unit 01: Remedial Fike Chemical, Inc WVD047989207, Tri-Cities Barrel Co., Inc Investigation started on 6/26/91 Kanawha County, WV NYD980509285, Broome County, Big Stone Gap Assess VA0001327816, Operable Unit 04: Remedial NY Wise County, VA Investigation started on 9/30/94 Fischer & Porter Co PAD002345817, Operable Unit 01: Remedial Operable Unit 00: Time-Critical Removal started on 2/27/96 Bucks County, PA Investigation started on 5/14/92 Operable Unit 02: Remedial Tutu Wellfield VID982272569, St. Primary Contaminants: Polychlorinated Biphenyls, Lead Investigation started on 2/20/92 Thomas County, VI Glenside Mercury Spill PA0001401520, Boarhead Farms PAD047726161, Bucks Operable Unit 00: Removal started on Montgomery County, PA 9/24/90 County, PA Operable Unit 00: Emergency Operable Unit 01: Remedial Operable Unit 01: Remedial Removal started on 2/23/96 Investigation started on 2/19/92 Investigation started on 12/5/89 Primary Contaminants: Mercury V&M/Albadejo Farms Norte Ward Butler Mine Tunnel PAD980508451, Halby Chemical Co DED980830954, PRD987366101, Vega Baga County, Luzerne County, PA New Castle County, DE PR Operable Unit 01: Remedial Operable Unit 02: Remedial Operable Unit 00: Time-Critical Investigation started on 3/30/87 Investigation started on 12/20/91 Removal started on 2/6/96 Cherry Pit Drum MD0001406867, Hanlin-Allied-Olin WVD024185373, Vega Alta Public Supply Wells Baltimore County, MD Marshall County, WV PRD980763775, Vega Alta County, Operable Unit 00: Emergency Operable Unit 00: Removal started on PR Removal started on 4/8/96 12/8/89 Operable Unit 02: Remedial Crater Resources/Keystone Coke/Alan Havertown PCP PAD002338010, Investigation started on 10/23/90 Wood PAD980419097, Montgomery Delaware County, PA Volney Municipal Landfill County, PA Operable Unit 00: Non-Time-Critical NYD980509376, Oswego County, Operable Unit 01: Remedial Removal started on 9/6/94 NY Investigation started on 9/7/94 Primary Contaminants: Arsenic Dust, Operable Unit 02: Remedial Crossley Farm PAD981740061, Berks Pentachlorophenol Operable Unit 03: Remedial Investigation started on 9/28/90 County, PA York Oil Co NYD000511733, Franklin Operable Unit 01: Remedial Investigation started on 8/15/91 IFMS Test Site WVD046557096, County, County, NY Investigation started on 9/27/94 Culpeper Wood Preservers, Inc WV Operable Unit 02: Remedial Operable Unit 01: Remedial Investigation started on 5/21/92 VAD059165282, Culpeper County, VA Investigation started on 5/29/91 For further information on Region 3 Operable Unit 01: Remedial Jacks Creek/Sitkin Smelting and sites, contact Administrative Record Investigation started on 6/16/93 Refinery PAD980829493, Mifflin Coordinators Anna Butch (remedial Deardorff Drive/Ridge Road—HSCA County, PA sites) at 215/556–3157, Joanne PAD981939937, York County, PA Operable Unit 00: Emergency McDonald (removal sites) at 215/597– Operable Unit 00: Removal started on Removal started on 4/8/96 6680, or Cordelia Stephens 2/13/87. Primary Contaminants: Primary Contaminants: Lead, Nickel (enforcement) at 215/597–0299. Trichloroethylene Powder, Chromium, Copper, Zinc Abar Corp PAD077060358, Bucks Delaware City PVC Plant Operable Unit 01: Remedial County, PA DED980551667, New Castle County, Investigation started on 8/28/90 Kane & Lombard Street Drums Operable Unit 00: Removal started on DE MDD980923783, Baltimore County, 12/26/85 Operable Unit 03: Remedial Amchem Prod Inc PAD002348324, MD Investigation started on 6/30/95 Operable Unit 02: Remedial Montgomery County, PA Operable Unit 04: Remedial Operable Unit 00: Removal started on Investigation started on 7/16/93 Investigation started on 12/12/95 Kardon Park PAD987278363, Chester 8/26/86 Douglassville Disposal PAD002384865: County, PA Austin Avenue Radiation Site Berks County, PA Operable Unit 00: Emergency PAD987341716, Delaware County, Operable Unit 00: Time-Critical Removal started on 4/19/96 PA Removal started on 3/13/96. Keystone Sanitation Landfill Operable Unit 02: Remedial Primary Contaminants: PAD054142781, York County, PA Investigation started on 12/31/94 Polychlorinated Biphenyls Phenol, Operable Unit 02: Remedial Avtex Fibers, Inc VAD070358684, 3-(1-methylethyl)-,methylcarbama Investigation started on 4/21/94 Warren County, VA Dublin TCE Site PAD981740004, Bucks Klotz Brothers Junkyard Operable Unit 00: Non-Time-Critical County, PA VAD981735954, Staunton County, Removal started on 8/28/90 Operable Unit 02: Remedial VA Operable Unit 06: Remedial Investigation started on 8/15/91 Operable Unit 00: Removal started on Investigation started on 9/27/90 East Tenth Street PAD987323458, 11/30/88 Operable Unit 07: Remedial Delaware County, PA Koppers Co., Inc. (Newport Plant) Investigation started on 3/30/93 Operable Unit 00: Non-Time-Critical DED980552244, New Castle County, Operable Unit 08: Remedial Removal started on 2/28/91 DE 39650 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

Operable Unit 01: Remedial Osborne Landfill PAD980712673, Operable Unit 00: Time-Critical Investigation started on 9/26/91 Mercer County, PA Removal started on 4/15/96 Limestone Road MDD980691588, Operable Unit 02: Remedial Battery Tech (Duracell-Lexington) Alleghany County, MD Investigation started on 10/31/92 NCD000648402, Davidson County, Operable Unit 02: Remedial Palmerton Zinc Pile PAD002395887, NC Investigation started on 2/28/90 Carbon County, PA Operable Unit 01: Remedial Malvern TCE PAD014353445, Chester Operable Unit 02: Remedial Investigation started on 9/9/94 County, PA Investigation started on 12/13/91 Bay Drum FLD088783865: Hillsborough Operable Unit 01: Remedial Operable Unit 03: Remedial County, FL Investigation started on 3/16/94 Investigation started on 9/24/85 Operable Unit 01: Remedial Metal Banks PAD046557096, Operable Unit 04: Remedial Investigation started on 2/5/88 Philadelphia County, PA Investigation started on 8/12/88 Operable Unit 02: Remedial Operable Unit 01: Remedial Rhinehart Tire Fire Dump Investigation started on 3/1/88 Investigation started on 5/29/91 VAD980831796, Frederick County, Broward County—21st Manor Dump Metropolitan Mirror And Glass VA FLD981930506, Broward County, PAD982366957, Schuylkill County, Operable Unit 03: Remedial FL PA Investigation started on 6/17/94 Operable Unit 01: Remedial Operable Unit 01: Remedial Rodale Manufacturing Co., Inc Investigation started on 3/2/93 Cabot/Koppers FLD980709356, Alachua Investigation started on 9/19/94 PAD981033285, Lehigh County, PA Operable Unit 01: Remedial County, FL Middletown Air Field PAD980538763, Operable Unit 02: Remedial Dauphin County, PA Investigation started on 9/22/92 Saltville Waste Disposal Ponds Investigation started on 5/17/94 Operable Unit 03: Remedial Calhoun Park Area SCD987581337, VAD003127578, Smyth County, VA Investigation started on 2/28/94 Charleston County, SC Midway Route 2 WV0001407188, Operable Unit 04: Remedial Operable Unit 01: Remedial Marshall County, WV Investigation started on 9/15/88 Investigation started on 1/22/93 Operable Unit 00: Emergency Spectron, Inc MDD000218008, Cecil Chemfax, Inc. MSD008154486, Harrison Removal started on 5/2/96 County, MD County, MS Municipal/Industrial Disposal Corp- Operable Unit 01: Remedial Operable Unit 01: Remedial HSCA PAD982366353, Allegheny Investigation started on 5/20/96 Investigation started on 9/7/94 County, PA Strasburg Landfill PAD000441337, Ciba-Geigy Corp. (McIntosh Plant) Operable Unit 00: Removal started on Chester County, PA ALD001221902, Washington 8/30/88 Operable Unit 04: Remedial County, AL MW Manufacturing PAD980691372, Investigation started on 1/14/92 Operable Unit 05: Remedial Montour County, PA Struble Trail Drums PA0001405166, Investigation started on 5/21/93 Operable Unit 00: Time-Critical Chester County, PA Coleman-Evans Wood Preserving Co Removal started on 4/29/96 Operable Unit 00: Emergency FLD991279894, Duval County, FL Nelson Electric Co VAD003115706, Removal started on 3/11/96 Operable Unit 01: Remedial Richmond County, VA Primary Contaminants: Carbolic Oil, Investigation started on 6/3/93 Operable Unit 00: Non-Time-Critical Polychlorinated Biphenyls Culbertson Plastics Drum Site Removal started on 6/22/90 Welsh Landfill PAD980829527, Chester FL0001256312, Dade County, FL North Penn—Area 12 PAD057152365, County, PA Operable Unit 00: Time-Critical Montgomery County, PA Operable Unit 04: Remedial Removal started on 1/16/96 Operable Unit 01: Remedial Investigation started on 5/1/90 Davis Park Road TCE Site Investigation started on 12/23/91 Westinghouse Electronic (Sharon Plant) NCD986175644, Gaston County, NC North Penn—Area 2 PAD002342475, PAD005000575, Mercer County, PA Operable Unit 01: Remedial Montgomery County, PA Operable Unit 00: Non-Time-Critical Investigation started on 8/3/95 Operable Unit 01, Remedial Removal started on 2/16/94 Dunaway Lead FL0001348986, Pineallas Investigation started on 6/30/88 Operable Unit 01: Remedial County, FL Operable Unit 00: Time-Critical Operable Unit 02: Remedial Investigation started on 9/20/88 Removal started on 3/18/96 Investigation started on 1/31/93 For further information on Region 4 Escambia Wood-Pensacola North Penn—Area 5 PAD980692693, sites, contact Administrative Record FLD008168346, Escambia County, Montgomery County, PA Coordinator Debbie Jourdan, at 404/ 347–7817. FL Operable Unit 01: Remedial Operable Unit 00: Remedial Investigation started on 6/30/88 Aberdeen Pesticide Dumps Investigation started on 9/20/94 North Penn—Area 6 PAD980926976, NCD980843346, Moore County, NC FCX, Inc. (Statesville Plant) Montgomery County, PA Operable Unit 05: Remedial NCD095458527, Iredell County, NC Operable Unit 02: Remedial Investigation started on 3/21/94 Operable Unit 03: Remedial Investigation started on 5/11/95 American Creosote Works, (Jackson Investigation started on 6/25/93 Operable Unit 03: Remedial Plant) TND007018799, Madison Fiberfine Of Memphis TND007017056, Investigation started on 9/28/93 County, TN Shelby County, TN Ohio River Park PAD980508816, Operable Unit 02: Remedial Operable Unit 00: Time-Critical Allegheny County, PA Investigation started on 12/29/89 Removal started on 5/13/96 Operable Unit 01: Remedial Aqua-Tech Environmental Inc (Groce Flanders Filters Inc NCD045922986, Investigation started on 10/16/91 Labs) SCD058754789, Spartanburg Beaufort County, NC Ordnance Works Disposal Areas County, SC Operable Unit 01: Remedial WVD000850404, Monongalia Operable Unit 01: Remedial Investigation started on 2/12/96 County, WV Investigation started on 9/26/95 Helena Chemical Co. (Tampa Plant) Operable Unit 02: Remedial Barker Chemical Site FL0001275627, FLD053502696, Hillsborough Investigation started on 6/4/90 Levy County, FL County, FL Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39651

Operable Unit 02: Remedial Olin Corp. (McIntosh Plant) T.H. Agriculture & Nutrition Investigation started on 11/6/92 ALD008188708, Washington (Montgomery) ALD007454085, Jimmy Green Metals NC0000195743, County, AL Montgomery County, AL Nash County, NC Operable Unit 02: Remedial Operable Unit 02: Remedial Operable Unit 00: Time-Critical Investigation started on 6/17/94 Investigation started on 7/14/94 Removal started on 5/21/96 Operable Unit 03: Remedial Tennessee Products TND071516959, Koppers Co., Inc. (Charleston Plant) Investigation started on 5/21/93 Hamilton County, TN SCD980310239, Charleston County, Peele-Dixie Wellfield Site Operable Unit 01: Remedial SC FLD984259374, Broward County, Investigation started on 3/22/95 Operable Unit 01: Remedial FL Tower Chemical Co FLD004065546, Investigation started on 1/14/93 Operable Unit 01: Remedial Lake County, FL Koppers Co., Inc. (Florence Plant) Investigation started on 2/16/94 Operable Unit 02: Remedial SCD003353026, Florence County, Petroleum Products Corp Investigation started on 3/22/94 SC FLD980798698, Broward County, Whitehouse Oil Pits FLD980602767, Operable Unit 01: Remedial FL Duval County, FL Investigation started on 2/29/88 Operable Unit 02: Remedial Operable Unit 01: Remedial L C P Chemicals Georgia Inc Investigation started on 9/15/89 Investigation started on 4/15/94 GAD099303182, Glynn County, GA Rainbow Drive Battery Site Woolfolk Chemical Works, Inc. Operable Unit 01: Remedial NCD981031578, Cabarrus County, GAD003269578, Peach County, GA Investigation started on 7/6/95 NC Operable Unit 03: Remedial Leonard Chemical Co., Inc Operable Unit 00: Time-Critical Investigation started on 4/24/90 SCD991279324, York County, SC Removal started on 5/20/96 Operable Unit 04: Remedial Operable Unit 01: Remedial Ram Leather Care Site NCD982096653, Investigation started on 4/24/90 Investigation started on 12/13/90 Mecklenburg County, NC Wrigley Charcoal Plant TND980844781, Lord Corp. Waste Ponds Operable Unit 00: Time-Critical Hickman County, TN KYD981929607, Warren County, Removal started on 5/4/96 Operable Unit 03: Remedial KY Red Penn Sanitation Co. Landfill Investigation started on 2/15/89 Operable Unit 00: Time-Critical KYD981469794, Oldham County, For further information on Region 5 Removal started on 2/15/96 KY sites, contact Administrative Record Marzone Inc./Chevron Chemical Co Operable Unit 01: Remedial Coordinator Jan Pfundheller at 312/353– GAD991275686, Tift County, GA Investigation started on 8/18/89 5821. Operable Unit 02: Remedial Sapp Battery Salvage FLD980602882, Investigation started on 4/15/95 Jackson County, FL Allied Paper/Portage Creek/Kalamazoo Monarch Tile Manufacturing, Inc. Operable Unit 02: Remedial Riv MID006007306, Kalamazoo ALD067102301, Lauderdale Investigation started on 9/30/90 County, MI County, AL Sherwood Medical Industries Operable Unit 01: Remedial Operable Unit 00: Removal started on FLD043861392, Volusia County, FL Investigation started on 12/28/90 12/31/94 Operable Unit 03: Remedial Operable Unit 02: Remedial Murray-Ohio Mfg (Horseshoe Bend) Investigation started on 6/25/93 Investigation started on 12/28/90 TND981014954, Lawrence County, Shuron Textron Inc. SCD003357589, Operable Unit 03: Remedial TN Barnwell County, SC Investigation started on 12/28/90 Operable Unit 01: Remedial Operable Unit 01: Remedial Operable Unit 04: Remedial Investigation started on 3/30/90 Investigation started on 11/21/94 Investigation started on 12/28/90 National Southwire Aluminum Co Stauffer Chemical Co. (Cold Creek Plant) Operable Unit 05: Remedial KYD049062375, Hancock County, ALD095688875, Mobile County, AL Investigation started on 12/28/90 KY Operable Unit 04: Remedial Amoco Chemical (Joliet Landfill) Operable Unit 01: Non-Time-Critical Investigation started on 5/21/93 ILD002994259, Will County, IL Removal started on 10/17/95 Stauffer Chemical Co. (Lemoyne Plant) Operable Unit 01: Remedial NC State University (Lot 86, Farm Unit ALD008161176, Mobile County, AL Investigation started on 4/7/94 #1) NCD980557656, Wake County, Operable Unit 02: Remedial Augustus Hook Property IND984895045, NC Investigation started on 1/5/90 Clinton County, IN Operable Unit 01: Remedial Remedial Investigation started on Operable Unit 00: Time-Critical Investigation started on 3/31/92 12/30/92 Removal started on 1/25/96 Newsom Brothers/Old Reichhold Operable Unit 04: Remedial Beloit Corp ILD021440375, Winnebago Chemicals MSD980840045, Marion Investigation started on 5/21/93 County, IL County, MS Stauffer Chemical Co. (Tampa Plant) Operable Unit 01: Remedial Operable Unit 02: Remedial FLD004092532, Hillsborough Investigation started on 9/27/90 Investigation started on 10/21/94 County, FL Bendix Corp/Allied Automotive North Belmont PCE Site Operable Unit 02: Remedial MID005107222, Berrien County, MI NCD986187128, Gaston County, NC Investigation started on 12/12/92 Operable Unit 01: Remedial Operable Unit 00: Time-Critical Stauffer Chemical Co. (Tarpon Springs) Investigation started on 2/13/89 Removal started on 4/10/96 FLD010596013, Pinellas County, FL Bisbee Lindeed Company Operable Unit 01: Remedial Operable Unit 01: Remedial IL0001329713, Cook County, IL Investigation started on 8/7/95 Investigation started on 7/28/92 Operable Unit 00: Time-Critical Old Mt. Holly Road PCE Site T.H. Agriculture & Nutrition (Albany) Removal started on 2/13/96 NCD986172518, Mecklenburg GAD042101261, Dougherty County, Bruce Products MID005317862, County, NC GA Livingston County, MI Operable Unit 00: Time-Critical Operable Unit 02: Remedial Operable Unit 00: Remedial Removal started on 4/10/96 Investigation started on 1/20/93 Investigation started on 7/25/94 39652 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

Byron Salvage Yard ILD010236230, Ogle Removal started on 3/18/96 Marion (Bragg) Dump IND980794366, County, IL H O D Ldfl ILD980605836, Lake County, Grant County, IN Operable Unit 04: Remedial IL Operable Unit 02: Remedial Investigation started on 12/29/89 Operable Unit 01: Remedial Investigation started on 1/16/90 Carls Tire Retreading Site Investigation started on 8/20/90 McCarty’s Bald Knob Landfill MI0001401918, Grand Traverse Hawkins Property IL0000108464, IND980500417, Posey County, IN County, MI Sangamon County, IL Operable Unit 01: Remedial Operable Unit 00: Emergency Operable Unit 00: Time-Critical Investigation started on 5/4/89 Removal started on 12/30/95 Removal started on 12/11/95 Metal Working Shop MID980992952, Country Road A Sludge Disposal IBS Dioxin Site ILD065238503, Peoria Benzie County, MI WI0000485813, Ashland County, County, IL Operable Unit 01: Remedial WI Operable Unit 01: Remedial Investigation started on 11/15/90 Operable Unit 01: Remedial Investigation started on 9/1/89 Metamora Ldfl MID980506562, Lapeer Investigation started on 8/22/95 Ilada Energy Co. ILD980996789, County, MI Delavan Muni Well #4 WID980820062, Alexander County, IL Operable Unit 03: Remedial Walworth County, WI Operable Unit 01: Remedial Investigation started on 3/17/93 Operable Unit 01: Remedial Investigation started on 6/19/89 Mig/Dewane Landfill ILD980497788, Investigation started on 9/28/90 Ionia City Ldfl MID980794416, Ionia Boone County, IL Detroit Pesticide Project MI0001273473, County, MI Operable Unit 01: Remedial Wayne County, MI Operable Unit 02: Remedial Investigation started on 3/29/91 Operable Unit 00: Time-Critical Investigation started on 1/29/86 Remedial Investigation started on 5/1/ Removal started on 1/16/96 J & L Ldfl MID980609440, Oakland 95 Dover Chem Corp OHD004210563, County, MI Operable Unit 02: Remedial Tuscarawas County, OH Operable Unit 02: Remedial Investigation started on 3/29/91 Operable Unit 01: Remedial Investigation started on 7/12/94 Mr. Chrome Bumper IL0001401215, Investigation started on 8/24/88 Kerr-McGee (Kress Creek/West Brand Of Cook County, IL Dupage County Ldfl/Blackwell Forest Du) ILD980823991, Dupage County, Operable Unit 00: Time-Critical Pres ILD980606305, Dupage IL Removal started on 2/26/96 County, IL Operable Unit 01: Remedial Muscle-Ag IL0001405141, Rock Island Operable Unit 01: Remedial Investigation started on 9/30/92 County, IL Investigation started on 9/29/89 Kerr-McGee Reed Keppler Park Operable Unit 00: Time-Critical Easton Estates Methane Site ILD980824007, Dupage County, IL Removal started on 3/27/96 MI0001326602, Dickinson County, Operable Unit 01: Remedial National Presto Industries MI Investigation started on 5/20/92 WID006196174, Eau Claire County, Operable Unit 00: Emergency Kerr-McGee Residential Areas WI Removal started on 1/10/96 ILD980824015, Dupage County, IL Operable Unit 00: Removal started on Electrovoice MID005068143, Berrien Operable Unit 00: Removal started on 11/15/94 County, MI 5/3/95 Nease Chemical OHD980610018, Operable Unit 02: Remedial Operable Unit 01: Remedial Columbiana County, OH Investigation started on 9/15/92 Investigation started on 9/17/93 Operable Unit 01: Remedial Ethyl Corp Ethyl Petroleum Additives Kerr-McGee Sewage Trmt Plt Site Investigation started on 1/27/88 Div ILD055871370, St Clair County, ILD980824031, Dupage County, IL Oconomowoc Electroplating Co Inc. IL Operable Unit 01: Remedial WID006100275, Dodge County, WI Operable Unit 01: Remedial Investigation started on 5/20/92 Operable Unit 02: Remedial Investigation started on 2/29/84 Lakeside Refining Co. MID005380019, Investigation started on 9/20/90 Fields Brook OHD980614572, Ashtabula Kalamazoo County, MI Old LaSalle Dump ILD984774950, La County, OH Operable Unit 00: Time-Critical Salle County, IL Operable Unit 02: Remedial Removal started on 3/6/96 Operable Unit 01: Remedial Investigation started on 3/22/89 Lemon Lane Ldfl IND980794341, Investigation started on 1/1/96 Operable Unit 03: Remedial Monroe County, IN Organic Chem Inc. MID990858003, Kent Investigation started on 9/26/89 Operable Unit 01: Remedial County, MI Operable Unit 04: Remedial Investigation started on 5/8/95 Operable Unit 02: Remedial Investigation started on 1/10/93 Lenz Oil Service Inc. ILD005451711, Investigation started on 4/22/88 Four County Ldfl IND000780544, Fulton Cook County, IL Ottawa Radiation Areas ILD980606750, County, IN Operable Unit 01: Remedial La Salle County, IL Operable Unit 01: Remedial Investigation started on 9/29/89 Operable Unit 01: Remedial Investigation started on 8/13/93 Lower Ecorse Creek Dump Investigation started on 3/26/93 Freeway Sanitary Ldfl MND038384004, MID985574227, Wayne County, MI Outboard Marine Corporation Dakota County, MN Operable Unit 01: Remedial ILD000802827, Lake County, IL Operable Unit 01: Remedial Investigation started on 3/14/94 Operable Unit 02: Remedial Investigation started on 3/27/86 Madison Metropolitan Sewerage Dist Investigation started on 9/26/90 Government Road Sludge Disposal Lagon WID078934403, Dane Pagel’s Pit ILD980606685, Winnebago WI0000485797, Ashland County, County, WI County, IL WI Operable Unit 01: Remedial Operable Unit 02: Remedial Operable Unit 01: Remedial Investigation started on 9/24/92 Investigation started on 8/13/91 Investigation started on 8/22/95 Manito/Hall Mercury Site Reilly Tar & Chem (Indianapolis Plant) Green Industries OHD004260709, IL0001319276, Tazewell County, IL IND000807107, Marion County, IN Hamilton County, OH Operable Unit 00: Time-Critical Operable Unit 04: Remedial Operable Unit 00: Time-Critical Removal started on 12/18/95 Investigation started on 9/21/92 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39653

Operable Unit 05: Remedial Tomah Fairgrounds WID980616841, Empire LAD985169689, Orleans Investigation started on 9/21/92 Monroe County, WI County, LA Operable Unit 06: Remedial Operable Unit 01: Remedial Operable Unit 00: Removal started on Investigation started on 9/30/93 Investigation started on 5/27/93 6/29/89 Reilly Tar & Chemical Corp (Dover Tomah Municipal San Ldfl Hastings Radio Chemical Site (Offsite) Plant) OHD980610042, Tuscarawas WID980610307, Monroe County, WI TXD982289738, Brazoria County, County, OH Operable Unit 01: Remedial TX Operable Unit 01: Remedial Investigation started on 1/11/94 Operable Unit 00: Removal started on Investigation started on 3/29/89 Tyler Street Dump OHD980510523, 3/2/87 Riverdale Chemical ILD059446153, Lucas County, OH Highway 71/72 Refinery Cook County, IL Operable Unit 01: Remedial LAD981054075, Bossier County, LA Operable Unit 01: Remedial Investigation started on 5/2/94 Operable Unit 01: Remedial Investigation started on 10/1/85 Union Carbide Corp Site B Ldfl Investigation started on 9/22/94 Rockwell Intl Corp Allegan Plant OHD980612147, Washington Jasper Creosoting Co., Inc. MID006028062, Allegan County, MI County, OH TXD008096240, Jasper County, TX Operable Unit 02: Remedial Operable Unit 02: Remedial Operable Unit 00: Time-Critical Investigation started on 3/31/88 Investigation started on 6/6/91 Removal started on 3/21/96 Roto-Finish Co. MID005340088, Valentine Clark Corp MND981526486, Primary Contaminants: Creosote, Coal Kalamazoo County, MI Ramsey County, MN Tar, Pentachlorophenol Operable Unit 00: Non-Time-Critical Operable Unit 00: Time-Critical Monroe Auto Equipment (Paragould Pit) Removal started on 1/30/95 Removal started on 3/4/96 ARD980864110, Greene County, AR Operable Unit 01: Remedial WCL Derailment WI0001401900, Operable Unit 01: Remedial Investigation started on 12/18/87 Waupaca County, WI Investigation started on 6/28/91 SCA Independent Ldfl MID000724930, Operable Unit 00: Emergency National Chromium Corp Odessa Ind Muskegon County, MI Removal started on 3/4/96 Park TXD095211777, Ector County, Operable Unit 01: Remedial Yeoman Creek Ldfl ILD980500102, Lake TX Investigation started on 10/20/93 County, IL Operable Unit 00: Time-Critical Scrap Processing Company, Inc. Operable Unit 01: Remedial Removal started on 6/3/96 WID046536785, Taylor County, WI Investigation started on 12/22/89 Nu-chrome Plating OK0001327451, Operable Unit 01: Remedial Creek County, OK For further information on Region 6 Investigation started on 5/11/92 Operable Unit 00: Emergency sites, contact Administrative Record Sheboygan Harbor & River Removal started on 1/26/96 Coordinator Yvonne Harrell at 214/665– WID980996367, Sheboygan County, Primary Contaminants: Sodium 6607. WI Cyanide, Lead, Nickel Powder, Operable Unit 01: Remedial Agriculture Street Landfill Cadmium, Chromium, Copper, Investigation started on 4/11/86 LAD981056997, Orleans County, Nitric Acid, Sulfuric Acid South Point Plt OHD071650592, LA Occi Chem Corp (Sulphur)/B D’inde Lawrence County, OH Operable Unit 00: Time-Critical LAD981916570, Calcasieu County, Operable Unit 01: Remedial Removal started on 3/6/96 LA Investigation started on 3/31/87 Operable Unit 01: Remedial Operable Unit 01: Remedial Sparta Ldfl MID000268136, Kent Investigation started on 3/14/95 Investigation started on 3/9/95 County, MI Alcoa (Point Comfort)/Lavaca Bay Rab Valley Wood Preserving Operable Unit 01: Remedial TXD008123168, Calhoun County, OKD987068749, Le Flore County, Investigation started on 9/23/93 TX OK Stickney Ave. Ldfl Aka Toledo City Ldfl Operable Unit 01: Remedial Operable Unit 01: Remedial OHD000605956, Lucas County, OH Investigation started on 3/31/94 Investigation started on 9/27/94 Operable Unit 01: Remedial Antifreeze, Inc. LAD082004136, Rinchem Co. Inc. NMD085267961, Investigation started on 5/2/94 Vermilion County, LA Bernalillo County, NM Summit Equip & Supplies Inc. Operable Unit 00: Removal started on Operable Unit 01: Remedial OHD055523401, Summit County, 5/10/96. Primary Contaminants: Investigation started on 10/1/95 OH Ethylene Glycol, RSR Corp. TXD079348397, Dallas Operable Unit 01: Remedial Tetrachloroethylene Carbon County, TX Investigation started on 8/15/93 Tetrachloride, Acetone, Methyl Operable Unit 03: Remedial Tar Lake MID980794655, Antrim Ethyl Ketone Investigation started on 7/17/93 County, MI AT&SF (Albuquerque) NMD980622864, Operable Unit 05: Remedial Operable Unit 01: Remedial Bernalillo County, NM Investigation started on 5/10/93 Investigation started on 1/29/86 Operable Unit 01: Remedial Tar Creek (Ottawa County) Thermo Chem Inc. MID044567162, Investigation started on 6/6/94 OKD980629844, Ottawa County, Muskegon County, MI Broussard Chemical Co. LA0001187491, OK Operable Unit 02: Remedial Vermilion County, LA Operable Unit 02: Remedial Investigation started on 9/21/87 Operable Unit 00: Time-Critical Investigation started on 8/25/94 Tippecanoe San Ldfl. IND980997639, Removal started on 3/25/96 Remedial Investigation started on 8/ Tippecanoe County, IN Primary Contaminants: 25/94, Remedial Investigation Operable Unit 01: Remedial Tetrachloroethylene, Acetone, started on 3/20/95 Investigation started on 3/8/90 Methyl Ethyl Ketone Tennessee Gas Pipeline-Natchitoches Tomah Armory WID980610299, Monroe Combustion, Inc. LAD072606627, LAD081648966, Natchitoches County, WI Livingston County, LA County, LA Operable Unit 01: Remedial Operable Unit 01: Remedial Operable Unit 00: Removal started on Investigation started on 5/27/93 Investigation started on 10/25/88 2/1/90 39654 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

Vertac, Inc. ARD000023440, Pulaski Operable Unit 01: Remedial Operable Unit 00: Non-Time-Critical County, AR Investigation started on 2/8/91 Removal started on 1/30/95 Operable Unit 00: Non-Time-Critical Great Lakes Container Corp—St Louis Oronogo-Duenweg Mining Belt Removal started on 1/10/90 MOD086827359, Saint Louis MOD980686281, Jasper County, MO Operable Unit 03: Remedial County, MO Operable Unit 01: Remedial Investigation started on 7/12/89 Operable Unit 00: Time-Critical Investigation started on 8/2/91 Operable Unit 06: Remedial Removal started on 1/23/96 Peerless Industrial Paint Coatings Investigation started on 7/12/89 Hamill Transfer Co. MOD009855669, MOD006291678, Saint Louis For further information on Region 7 Saint Louis County, MO County, MO sites, contact Administrative Record Operable Unit 00: Non-Time-Critical Operable Unit 00: Time-Critical Coordinators Barry Thierer (remedial Removal started on 4/15/96 Removal started on 2/2/96 sites), at 913/551–7515, Lynette Motley Hastings Ground Water Contamination Pester Refinery Co. KSD000829846, (removal sites), at 913/551–5104, or NED980862668, Adams County, NE Butler County, KS Linda Garwood (enforcement), at 913/ Operable Unit 05: Remedial Operable Unit 02: Remedial 551–5010. Investigation started on 9/30/93 Investigation started on 12/16/93 Operable Unit 12: Remedial Aluminum Company Of America— Piazza Road Site MOD980688618, Investigation started on 8/31/90 Phelps County, MO Davenport IAD005270160, Scott Operable Unit 14: Remedial County, IA Operable Unit 00: Non-Time-Critical Investigation started on 6/15/86, Removal started on 3/25/96 Operable Unit 01: Remedial Remedial Investigation started on 9/ Investigation started on 8/14/86 Ralston Site IAD980632491, Linn 30/91 County, IA Operable Unit 02: Non-Time-Critical Operable Unit 15: Remedial Removal started on 7/19/90 Operable Unit 00: Non-Time-Critical Investigation started on 7/19/95 Removal started on 7/13/94 Armour Road Site MOD046750253, Clay Operable Unit 16: Remedial County, MO Operable Unit 01: Remedial Investigation started on 2/11/91 Investigation started on 11/27/91 Operable Unit 00: Removal started on Operable Unit 17: Non-Time-Critical 5/22/96 Riverfront Landfill MOD980631618, Removal started on 9/27/95 Jackson County, MO Baxter Gardens MOD054952940, St Operable Unit 19: Remedial Louis County, MO Operable Unit 00: Non-Time-Critical Investigation started on 3/22/85 Removal started on 7/10/87 Operable Unit 00: Non-Time-Critical Interchem Inc. IAD007495328, Sioux Removal started on 2/13/96 St Louis Airport/HIS/Futura Coatings County, IA Co. MOD980633176, Saint Louis Belle Plaine Coal Gasification Operable Unit 00: Non-Time-Critical County, MO IAD981124175, Benton County, IA Removal started on 9/20/94 Operable Unit 01: Remedial Operable Unit 01: Removal started on Jefferson St Drum Site KS0001406719, Investigation started on 6/26/90 8/16/90 Shawnee County, KS Waterloo Coal Gasification Plant Black Hawk Waste Disposal Dump Operable Unit 00: Emergency IAD984566356, Black Hawk IAD981497522, Black Hawk Removal started on 4/10/96 County, IA Mason City Coal Gasification Plant County, IA Operable Unit 00: Non-Time-Critical IAD980969190, Cerro Gordo Operable Unit 01: Remedial Removal started on 5/10/93 County, IA Investigation started on 5/30/95 Bruno Coop & Associated Properties Operable Unit 00: Non-Time-Critical Webster Groves FMGP MOD000829721, NED981713829, Butler County, NE Removal started on 8/29/95 Saint Louis County, MO Operable Unit 01: Remedial Operable Unit 01: Remedial Operable Unit 00: Non-Time-Critical Investigation started on 5/17/94 Investigation started on 10/1/91 Removal started on 8/2/94 Cherokee County KSD980741862, Minker/Stout/Romaine Creek Westlake Landfill MOD079900932, St Cherokee County, KS MOD980741912, Jefferson County, Louis County, MO Operable Unit 03: Remedial MO Operable Unit 01: Remedial Investigation started on 5/7/90 Operable Unit 00: Emergency Investigation started on 3/3/93 Chevron Chemical Co—Maryland Removal started on 2/29/96 Operable Unit 02: Remedial Heights MOD006272355, St Louis Mississippi River Pool #15 Investigation started on 12/14/94 County, MO IAD981117161, Scott County, IA Williams Compressor Station—Corwin Operable Unit 00: Removal started on Operable Unit 01: Remedial KSD984990507, Barber County, KS 7/15/87 Investigation started on 6/30/90 Operable Unit 00: Time-Critical Cleburn Street Well NED981499312, Nebraska Ordnance Plant (Former) Removal started on 1/4/96 Hall County, NE NE6211890011, Saunders County, 29th & Mead Ground Water Operable Unit 00: Non-Time-Critical NE Contamination KSD007241656, Removal started on 8/16/93 Operable Unit 02: Remedial Sedgwick County, KS Primary Contaminants: Investigation started on 8/18/92 Operable Unit 01: Remedial Tetrachloroethylene Operable Unit 03: Remedial Investigation started on 9/27/89 Operable Unit 01: Remedial Investigation started on 2/8/95 57th And North Broadway Streets Site Investigation started on 9/16/91 Obee Road KSD980631766, Reno KSD981710247, Sedgwick County, Des Moines TCE IAD980687933, Polk County, KS KS County, IA Operable Unit 02: Remedial Operable Unit 01: Remedial Operable Unit 02: Remedial Investigation started on 9/30/94 Investigation started on 9/15/94 Investigation started on 10/26/94 Ogallala Ground Water Contamination 95 Flood CERCLA Drums Operable Unit 04: Remedial NED986369247, Keith County, NE MO0001401710, St Louis County, Investigation started 10/26/94, Operable Unit 01: Remedial MO Removal started 3/12/96 Investigation started on 9/29/94 Operable Unit 00: Time-Critical Eaton Corp—Hutchinson OK Oil & Treating Inc. KSD985015312, Removal started on 4/12/96 KSD984988675, Reno County, KS Montgomery County, KS Primary Contaminants: Toluene, Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39655

Benzene, Dimethyl, Methyl 7/19/91 Operable Unit 06: Non-Time-Critical Chloride Operable Unit 03: Remedial Removal started on 3/31/89 For further information on Region 8 Investigation started on 6/27/87 Primary Contaminants: Heavy Metals, sites, contact Administrative Record Flathead Mine Area MTD986066488, Other Inorganics Coordinator, Carole Macey, at 303/312– Sanders County, MT Operable Unit 08: Remedial Operable Unit 00: Removal started on 6551. Investigation started on 6/30/92 12/20/95 Operable Unit 10: Non-Time-Critical Anaconda Co. Smelter MTD093291656, Kennecott (North Zone) UTD070926811, Removal started on 8/11/94 Deer Lodge County, MT Salt Lake County, UT Primary Contaminants: Heavy Metals Operable Unit 04: Remedial Operable Unit 01: Remedial Operable Unit 11: Non-Time-Critical Investigation started on 9/30/94 Investigation started on 9/22/93 Removal started on 5/13/92 Operable Unit 09: Non-Time-Critical Kennecott (South Zone) UTD000826404, Primary Contaminants: Heavy Metals Removal started on 7/8/92 Salt Lake County, UT Smuggler Mountain COD980806277, Operable Unit 12: Non-Time-Critical Operable Unit 00: Remedial Pitkin County, CO Removal started on 7/8/92 Investigation started on 9/22/93 Operable Unit 02: Non-Time-Critical Primary Contaminants: Lead, Arsenic Remedial Investigation started on 9/ Removal started on 11/26/91 Dust, Cadmium, Copper, Zinc 22/93 Summitville Mine COD983778432, Rio Operable Unit 14: Remedial Operable Unit 02: Remedial Grande County, CO Investigation started on 9/28/88 Investigation started on 7/29/94 Operable Unit 00: Remedial Operable Unit 07: Non-Time-Critical Operable Unit 16: Remedial Investigation started on 5/11/93 Removal started on 9/30/93 Investigation started on 9/30/94 Operable Unit 02: Non-Time-Critical Leeds Silver Reclamation Site Bountiful/Woods Cross 5th South PCE Removal started on 9/29/93 UTD981550619, Washington Plum UT0001119296, Davis For further information on Region 9 County, UT County, UT Operable Unit 00: Time-Critical sites, contact Administrative Record Operable Unit 00: Time-Critical Coordinator Elaine Chan (remedial sites) Removal started on 2/26/96 Removal started on 2/20/96 Milltown Reservoir Sediments at 415/744–2380, or Sandra Farber California Gulch COD980717938, Lake MTD980717565, Missoula County, (removal sites) at 415/744–2304. County, CO MT Aerojet General Corp CAD980358832, Operable Unit 00: Remedial Operable Unit 02: Remedial Investigation started on 6/12/92 Sacramento County, CA Investigation started on 2/2/90 Operable Unit 01: Remedial Remedial Investigation started on 12/ Operable Unit 03: Remedial 18/92, Remedial Investigation Investigation started on 9/8/88 Investigation started on 7/7/95 Brown & Bryant, Inc. (Arvin Plant) started on 6/4/92 Mountaineer Refining Company CAD052384021, Kern County, CA Operable Unit 02: Remedial WYD057192791, Lincoln County, Operable Unit 02: Remedial Investigation started on 4/7/87 WY Investigation started on 9/30/92 Remedial Investigation started on 8/ Operable Unit 00: Removal started on Cajon Derailment CA0001342039, San 26/94 7/24/95 Bernardino County, CA Operable Unit 03: Remedial Mystery Bridge Rd/U.S. Highway 20 Operable Unit 00: Time-Critical Investigation started on 8/26/94 WYD981546005, Natrona County, Removal started on 2/1/96 Operable Unit 05: Remedial WY Carson River Mercury Site Investigation started on 8/29/94 Operable Unit 02: Non-Time-Critical NVD980813646, Lyon County, NV Operable Unit 06: Remedial Removal started on 12/15/87 Operable Unit 02: Remedial Investigation started on 8/26/94 Ogden Union Railway & Depot Investigation started on 9/28/90 Operable Unit 07: Remedial UTD988075271, Weber County, UT Cooper Drum Co. CAD055753370, Los Operable Unit 00: Removal started on Investigation started on 8/26/94 Angeles County, CA 11/27/95 Operable Unit 08: Remedial Operable Unit 01: Remedial Petrochem Recycling Corp./Ekotek Plant Investigation started on 8/26/94 Investigation started on 8/12/93 UTD093119196, Salt Lake County, Operable Unit 09: Remedial Crazy Horse Sanitary Landfill UT Investigation started on 9/15/94 CAD980498455, Monterey County, Operable Unit 10: Remedial Operable Unit 01: Remedial Investigation started on 7/10/92 CA Investigation started on 8/28/94 Operable Unit 01: Remedial Non-Time-Critical Removal started on Portland Cement (Kiln Dust 2 & 3) UTD980718670, Salt Lake County, Investigation started on 9/18/93 8/4/95 Del Amo Facility CAD029544731, Los Operable Unit 12: Remedial UT Operable Unit 03: Remedial Angeles County, CA Investigation started on 4/8/93 Investigation started on 10/24/94 Operable Unit 01: Remedial Central City-Clear Creek Richardson Flats Tailings Investigation started on 5/7/92 COD980717557, Clear Creek UTD980952840, Summit County, Operable Unit 02: Remedial County, CO UT Investigation started on 5/7/92 Operable Unit 03: Non-Time-Critical Operable Unit 01: Remedial Del Monte Corp. (Oahu Plantation) Removal started on 10/6/95 Investigation started on 9/29/89 HID980637631, Honolulu County, Denver Toluene COD981550684, Denver Sandy Smelter Site UTD988078044, Salt HI County, CO Lake County, UT Operable Unit 01: Remedial Operable Unit 00: Non-Time-Critical Operable Unit 00: Remedial Investigation started on 9/28/95 Removal started on 12/14/88 Investigation started on 11/15/93 Fresno Municipal Sanitary Landfill East Helena Site MTD006230346, Lewis Operable Unit 02: Removal started on CAD980636914, Fresno County, CA And Clark County, MT 9/29/94 Operable Unit 02: Remedial Operable Unit 02: Remedial Silver Bow Creek/Butte Area Investigation started on 9/20/90 Investigation started on 6/23/87 MTD980502777, Silver Bow Frontier Fertilizer CAD071530380, Yolo Non-Time-Critical Removal started on County, MT County, CA 39656 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

Operable Unit 00: Remedial Operable Unit 01: Remedial Operable Unit 01: Remedial Investigation started on 8/2/93 Investigation started on 8/16/85 Investigation started on 3/27/95 GBF & Pittsburg Dumps CAD980498562, Remedial Investigation started on 2/ Eastern Michaud Flats Contamination Contra Costa County, CA 18/94 IDD984666610, Bannock County, ID Operable Unit 01: Remedial San Fernando Valley (Area 4) Operable Unit 01: Remedial Investigation started on 7/28/93 CAD980894976, Los Angeles Investigation started on 5/30/91 Hewlett-Packard CAD009122532, Santa County, CA Harbor Island (Lead) WAD980722839, Clara County, CA Operable Unit 02: Remedial King County, WA Operable Unit 01: Remedial Investigation started on 9/28/92 Operable Unit 07: Remedial Investigation started on 5/18/89 San Gabriel Valley (Area 1) Investigation started on 9/7/88 Indian Bend Wash Area AZD980695969, CAD980677355, Los Angeles Operable Unit 08: Remedial Maricopa County, AZ County, CA Investigation started on 9/7/88 Operable Unit 03: Remedial Operable Unit 00: Remedial Monsanto Chemical Co. (Soda Springs) Investigation started on 3/14/88 Investigation started on 6/13/84 IDD081830994, Caribou County, ID Remedial Investigation started on 3/14/ Operable Unit 01: Remedial Operable Unit 01: Remedial 88 Investigation started on 3/16/95 Investigation started on 3/19/91 Operable Unit 07: Remedial Operable Unit 05: Remedial Pacific Sound Resources Investigation started on 9/26/90 Investigation started on 7/25/95 WAD009248287, King County, WA Industrial Waste Processing San Gabriel Valley (Area 4) Operable Unit 01: Remedial CAD980736284, Fresno County, CA CAD980817985, Los Angeles Investigation started on 9/29/94 Operable Unit 01: Remedial County, CA Non-Time-Critical Removal started on Investigation started on 5/12/93 Operable Unit 01: Remedial 3/20/95 Iron Mountain Mine CAD980498612, Investigation started on 9/30/93 Operable Unit 02: Remedial Shasta County, CA South Bay Basin CAD980000004, Santa Investigation started on 5/18/95 Operable Unit 00: Removal started on Clara County, CA Reynolds Metals Company 9/30/89 Operable Unit 01: Remedial ORD009412677, Multnomah Operable Unit 04: Remedial Investigation started on 1/28/87 County, OR Investigation started on 4/21/94 Southwest Forest Ind Wood Treatment Operable Unit 01: Remedial McColl CAD980498695, Orange County, Plt AZD008398703, Yavapai Investigation started on 9/29/95 CA County, AZ Spokane Junkyard/Associated Operable Unit 04: Remedial Operable Unit 00: Removal started on Properties WAD981767296, Investigation started on 2/4/94 8/18/92 Spokane County, WA McCormick & Baxter Creosoting Co. Stoker Co. CAD066635442, Imperial Operable Unit 01: Remedial CAD009106527, San Joaquin County, CA Investigation started on 6/30/95 County, CA Operable Unit 01: Remedial Stibnite/Yellow Pine Mining Area Operable Unit 01: Remedial Investigation started on 5/1/92 IDD980665459, Valley County, ID Investigation started on 6/30/92 Sulphur Bank Mercury Mine Operable Unit 00: Non-Time-Critical Operable Unit 02: Remedial CAD980893275, Lake County, CA Removal started on 9/18/95 Investigation started on 3/24/93 Operable Unit 01: Remedial Tulalip Landfill WAD980639256, Operable Unit 03: Remedial Investigation started on 9/28/90 Snohomish County, WA Investigation started on 9/28/94 Operable Unit 02: Remedial Operable Unit 01: Remedial Modesto Ground Water Contamination Investigation started on 11/18/91 Investigation started on 8/12/93 CAD981997752, Stanislaus County, Operable Unit 03: Remedial Vancouver Water Station #4 CA Investigation started on 9/28/90 Contamination WAD988475158, Operable Unit 01: Remedial T.H. Agriculture & Nutrition Co Clark County, WA Investigation started on 3/21/91 CAD009106220, Fresno County, CA Montrose Chemical Corp Operable Unit 01: Remedial Operable Unit 01: Remedial CAD008242711, Los Angeles Investigation started on 4/2/92 Investigation started on 2/6/87 Wyckoff Co./Eagle Harbor County, CA Tucson International Airport Area Operable Unit 01: Remedial WAD009248295, Kitsap County, AZD980737530, Pima County, AZ Investigation started on 10/10/86 WA Operable Unit 02: Remedial Newmark Ground Water Contamination Operable Unit 02: Remedial Investigation started on 12/11/90 CAD981434517, San Bernardino Investigation started on 9/16/92 Western Pacific Railroad Co. County, CA Removal started on 7/9/95 CAD980894679, Butte County, CA Operable Unit 03: Remedial Operable Unit 01: Remedial [FR Doc. 96–19323 Filed 7–29–96; 8:45 am] Investigation started on 2/9/94 BILLING CODE 6560±50±P Operating Industries, Inc., Landfill Investigation started on 3/15/94, CAT080012024, Los Angeles Removal started on 9/7/93 For further information on Region 10 County, CA FEDERAL COMMUNICATIONS sites, contact Administrative Record Operable Unit 01: Remedial COMMISSION Investigation started on 9/15/89 Coordinator Lynn Williams, at 206/553– Ralph Gray Trucking Co. 2121. Notice of Public Information CAD981995947, Orange County, CA Blackbird Mine IDD980725832, Lemhi Collections Being Reviewed by FCC Operable Unit 01: Removal started on County, ID For Extension Under Delegated 8/23/94 Operable Unit 01: Remedial Authority 5 CFR 1320 Authority, Operable Unit 02: Remedial Investigation started on 11/18/94 Comments Requested Investigation started on 6/19/93 Non-Time-Critical Removal started on San Fernando Valley (Area 1) 7/30/95 July 23, 1996. CAD980894893, Los Angeles Boomsnub/AIRCO WAD009624453, SUMMARY: The Federal Communications County, CA Clark County, WA Commission, as part of it continuing Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39657 effort to reduce paperwork burden Estimated Time Per Response: .166 pursuant to Section 76.221(d), the cable invites the general public and other hours. system operator is required to retain a Federal agencies to take this Total Annual Burden: 4.15 hours. list of the executive officers, or board of opportunity to comment on the Total Annual Cost: 0. directors, or executive committee, etc. of following proposed and/or continuing Needs and Uses: Section 90.131(b) the organization sponsoring the information collections, as required by allows applicants to dismiss any cablecast. Sponsorship announcements the Paperwork Reduction Act of 1995, pending application by sending a are waived with respect to the broadcast Public Law 104–13. An agency may not written request. Information will alert of ‘‘want ads’’ sponsored by an conduct or sponsor a collection of licensing personnel of applicant’s desire individual but the licensee shall information unless it displays a to discontinue processing of maintain a list showing the name, currently valid control number. No application. address and telephone number of each person shall be subject to any penalty OMB Approval Number: 3060–0311. advertiser pursuant to Section 76.221(f). for failing to comply with a collection Title: 76.54 Significantly viewed These lists shall be made available for of information subject to the Paperwork signals, method to be followed for public inspection. The records are used Reduction Act (PRA) that does not special showings. by the public so that they may know by display a valid control number. Type of Review: Extension of existing whom a political, controversial or local Comments are requested concerning (a) collection. ‘‘want ad’’ cablecast is sponsored. Respondents: Businesses or other for- whether the proposed collection of Federal Communications Commission information is nessessary for the proper profit entities. William F. Caton, performance of the functions of the Number of Respondents: 12. Commission, including whether the Estimated Time Per Response: 2 hours Acting Secretary. information shall have practical utility; to create and serve each set of [FR Doc. 96–19241 Field 7–29–96; 8:45am] (b) the accuracy of the Commissions notifications. BILLING CODE 6712±01±M burden estimates; (c) ways to enhance Total Annual Burden: 24 hours. Total Costs to Respondents: $48. the quality, utility, and clarity of the Postage and stationery costs are information collected and (d) ways to Notice of Public Information estimated at $4 per set of notifications. minimize the burden of the collection of Collections Submitted to OMB for $4×12=$48. information on the respondents, Review and Approval Needs and Uses: Section 76.54 including the use of automated requires that notice of an audience July 23, 1996. collection techniques or other forms of survey that is conducted by an information technology. SUMMARY: The Federal Communications, organization for significantly viewed The FCC is reviewing the following as part of its continuing effort to reduce signal purposes must be served on all information collection requirements for paperwork burden invites the general licensees or permitters of television possible 3-year extension under public and other Federal agencies to broadcast stations within whose delegated authority 5 CFR 1320, take this opportunity to comment on the predicted Grade B contour the cable authority delegated to the Commission following proposed and/or continuing community or communities are located, by the Office of Management and information collections, as required by and all other system community units, Budget (OMB). the Paperwork Reduction Act of 1995, franchisees and franchise applicants in Public Law 104–13. An agency may not DATES: Written comments should be the cable community or communities, as submitted on or before September 30, conduct or sponsor a collection of well as the franchises authority. This information unless it displays a 1996. If you anticipate that you will be notification shall be made of least 30 submitting comments, but find it currently valid control number. No days prior to the initial survey period person shall be subject to any penalty difficult to do so within the period of and shall include the name of the time allowed by this notice, you should for failing to comply with a collection survey organization and a description of of information subject to the Paperwork advise the contact listed below as soon the procedures to be used. The as possible. Reduction Act (PRA) that does not notifications are used by interested display a valid control number. ADDRESSES: Direct all comments to parties to give them an opportunity to Comments are requested concerning (a) Dorothy Conway, Federal file objections to the methodology of the whether the proposed collection of Communications Commission Room audience survey. information is necessary for the proper 234, 1919 M St., N.W., Washington, DC OMB Approval Number: 3060–0315. performance of the functions of the 20554 or via internet to Title: 76.221 Sponsorship Commission, including whether the [email protected]. identification; list retention; related information shall have practical utility; FOR FURTHER INFORMATION CONTACT: For requirements. (b) the accuracy of the Commissions additional information or copies of the Type of Review: Extension of existing burden estimates; (c) ways to enhance information collections contact Dorothy collection. the quality, utility, and clarity of the Conway at 202–418–0217 or via internet Respondents: Businesses or other for- information collected and (d) ways to at [email protected]. profit entities. minimize the burden of the collection of SUPPLEMENTARY INFORMATION: Number of Respondents: 450. information on the respondents, OMB Approval Number: 3060–0225. Estimated Time Per Response: .5 including the use of automated Title: Section 90.131(b) Amendment hours. collection techniques or other forms of or dismissal of applications. Total Annual Burden: 225 hours. information technology. Form No: N/A. Total Costs to Respondents: $900. Type of Review: Extension of existing Cost to each respondent for maintaining DATES: Written comments should be collection. and disclosing the information is submitted on or before August 29, 1996. Respondents: Businesses or other for- estimated to be $2 per occurrence. If you anticipate that you will be profit; state or local governments; not- 450×$2=$900. submitting comments, but find it for-profit institutions. Needs and Use: When a cablecast is difficult to do so within the period of Number of Respondents: 25. of a political or controversial nature time allowed by this notice, you should 39658 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices advise the contact listed below as soon that among other things, require these new rules to streamline the as possible. telephones with electo-magnetic coil Commission’s antenna structure ADDRESSES: Direct all comments to hearing aid compatibility to be stamped clearance process. While the Report and Dorothy Conway, Federal with the letters HAC. Section Order contained information relative to Communications, Room 234, 1919 M 68.112(b)(3)(E) requires that employers the Antenna Structure Registration St., NW, Washington, DC 20554 or via with fifteen or more employees provide Number requirement, it did not address internet to [email protected] and emergency telephones for use by the necessary notification of additional Timothy Fain, OMB Desk Officer, 10236 employees with hearing disabilities and burden to collect the Registration NEOB 725 17th Street, NW, that the employers designate such Number prior to revision of the FCC’s Washington, DC 20503 or fainl— telephones for emergency use. Section application forms. [email protected]. 68.224(a) requires a notice to be OMB Approval Number: 3060–0400. FOR FURTHER INFORMATION CONTACT: For contained on the surface of the Title: Tariff Review Plan. additional information or copies of the packaging of a non-hearing aid Form No.: N/A. information collections contact Dorothy compatible telephone that the telephone Type of Review: Revision of an Conway at 202–418–0217 or via internet is not hearing aid compatible. existing collection. at [email protected]. OMB Approval Number: 3060–0714. Respondents: Businesses or other for- SUPPLEMENTARY INFORMATION: Title: Antenna Registration Number profit. Number of Respondents: 52. OMB Approval Number: 3060–0057. Required as Supplement to Application Estimated Time Per Response: 61 Title: Application for Equipment Forms. hours. Authorization 47 CFR 2.911, 2.963(a), Form No.: N/A. Total Annual Burden: 3,172 hours. 2.983, 2.1033(a). Type of Review: Extension of an Form No.: FCC 431. existing collection. Needs and Uses: Certain local Type of Review: Revision of an Respondents: Individuals and exchange carriers are required annually Existing Collection. households; Businesses or other for- to submit Tariff Review Plans in partial Respondents: Business or other for- profit; Non-profit institutions; Farms; fulfillment of cost support material profit. Federal Government; State and local required by 47 CFR Part 61. The Number of Respondents: 5,600. governments. information is used by the FCC and the Estimated Time Per Response: 18–30 Number of Respondents: 516,000. public to determine the justness and hours. Estimated Time Per Response: 5 reasonableness of rates terms and Total Annual Burden: 134,400 hours. minutes. conditions in tariffs as required by the Total Annual Cost: $200 per Total Annual Burden: 43,344. Communications Act of 1934 as respondent to provide the information. Needs and Uses: Effective July 1, amended. Needs and Uses: Commission Rules 1996, the current antenna clearance Federal Communications Commission require approval prior to marketing of procedures are replaced with a uniform William F. Caton, registration procedure that applies to equipment regulated under certain Part Acting Secretary. 15 and Part 18 rule sections, based on antenna structure owners. Structure [FR Doc. 96–19239 Filed 7–29–96; 8:45 am] a showing of compliance with technical owners will receive an Antenna standards established in the Rules for Structure Registration Number which is BILLING CODE 6712±01±P each devide operated under the a unique number that identifies an applicable Rule part. Rules governing antenna structure. Once obtained, this Public Safety Wireless Advisory certain equipment operating the number must be used on all filings Committee; Steering Committee licensed service also require equipment related to the antenna structure. The Meeting authorization as established in the Commission will require this procedural Rules in Part 2. Such a Registration Number to be submitted AGENCIES: The National showing of compliance aids in with any of the applications for Telecommunications and Information controlling potential interference to licensing. Collecting the Registration Administration (NTIA), Larry Irving, radio communications, and the data Number will enable the Commission to Assistant Secretary for Communications gathered, as is necessary may be used efficiently maintain a Registration and Information, and the Federal for investigating complaints of harmful Database, as well as process the Communications Commission (FCC), interference. applications without unnecessary delay Reed E. Hundt, Chairman. OMB Approval Number: 3060–0687. related to antenna structure ACTION: Notice of the next meeting of the Title: Access to Telecommunications discrepancies. By entering the Steering Committee. Equipment and Services by Persons Registration Number in the database, with Disabilities CC Docket 87–124. FCC’s tower clearance processors can SUMMARY: In accordance with the Form No.: N/A. immediately locate the information Federal Advisory Committee Act, Public Type of Review: Revision of a provided by the structure owner Law 92–463, as amended, this notice currently approved collection. regarding the antenna site and ensure advises interested persons of the next Respondents: Business or other for- the validity and accuracy of the data meeting of the Steering Committee of profit. provided. Without the Registration the Public Safety Wireless Advisory Number of Respondents: Section Number, the FCC’s tower clearance Committee. The NTIA and the FCC 68.112(b)(3)(E) approximately 805,000 processors would be ‘‘guessing’’ the established a Public Safety Wireless respondents at 2 hours per respondent; structure registration number using Advisory Committee, Subcommittees, sections 68.224(a) and 68.300(c) coordinates and other data supplied by and Steering Committee to prepare a approximately 1,100 respondents at the applicant, thereby decreasing the final report to advise the NTIA and the 11.36 hours per respondent. integrity of the new Registration FCC on operational, technical and Total Annual Burden: 1,635,000. database. The Commission released a spectrum requirements of Federal, state Needs and Uses: In CC Docket No. Report and Order on November 30, and local Public Safety entities through 87–124 the Commission adopts rules 1995, WT Docket No. 95–5, adopting the year 2010. All interested parties are Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39659 invited to attend and to participate in Item No. 1. Dated: July 25, 1996. the Steering Committee meeting. Bureau: Cable Services. Joseph C. Polking, DATES: August 22, 1996 (Thursday). Subject Secretary. ADDRESSES: Federal Communications [FR Doc. 96–19340 Filed 7–29–96; 8:45 am] Title: Preemption of Local Zoning Commission, 1919 M Street NW., BILLING CODE 6730±01±M Commission Meeting Room 856, Regulation of Satellite Earth Stations (IB Washington, D.C. 20554. Docket No. 95–59); Implementation of Section 207 of the Telecommunications FOR FURTHER INFORMATION CONTACT: Ocean Freight Forwarder License; Act of 1996 and Restrictions on Over- Applicants Deborah Behlin at 202–418–0650 the-Air Reception Devices: Television (phone), 202–418–2643 (fax), or Broadcast Service and Multichannel Notice is hereby given that the [email protected] (e-mail). Information is Multipoint Distribution Service (CS following applicants have filed with the also available from the Internet at the Docket No. 96–83). Federal Maritime Commission Public Safety Wireless Advisory Summary: The Commission will applications for licenses as ocean freight Committee homepage (http:// consider rules to implement Section 207 forwarders pursuant to section 19 of the pswac.ntia.doc.gov). of the Telecommunications Act of 1996. Shipping Act of 1984 (46 U.S.C. app. SUPPLEMENTARY INFORMATION: The Additional information concerning 1718 and 46 CFR 510). Steering Committee of the Public Safety this meeting may be obtained from Persons knowing of any reason why Wireless Advisory Committee will hold Audrey Spivack or David Fiske, Office any of the following applicants should its next meeting as follows: of Public Affairs, telephone number not receive a license are requested to August 22: The Steering Committee (202) 418–0500. contact the Office of Freight Forwarders, will meet starting at 9:00 a.m. Copies of materials adopted at this Federal Maritime Commission, The tentative agenda for the Steering meeting can be purchased from the Washington, D.C. 20573. Committee meeting is as follows: FCC’s duplicating contractor, OAC Shipping Company, Inc, 8180 1. Welcoming Remarks International Transcription Services, N.W. 29th Street, Suite 201, Miami, 2. Approval of Agenda Inc. at (202) 857–3800. Audio and Video FL 33122 3. Administrative Matters Tapes of this meeting can be purchased Officers: 4. Work Program/Organization of Work from Telspan International at (301) 731– Oliver Paul Oswald, President 5. Meeting Schedule 5355. This meeting can be viewed over Mildred Cagol, Secretary 6. Agenda for Next Meeting George Mason University’s ‘‘Capitol Transportation Logistics, Inc, 7525 7. Other Business Connection.’’ For Information on this Connelley Drive, Suite R, Hanover, 8. Closing Remarks service call (703) 993–3100. MD 21076 The tentative schedule and general Federal Communications Commission. Officer: Gregory J. McCloskey, President location of the next full meeting of the Public Safety Wireless Advisory William F. Caton, Dated: July 24, 1996. Committee is: Acting Secretary. Joseph C. Polking, September 1996, in Washington, D.C. [FR Doc. 96–19417 Filed 7–26–96; 10:44 am] Secretary. The Co-Designated Federal Officials BILLING CODE 6712±01±M [FR Doc. 96–19255 Filed 7–29–96; 8:45 am] of the Public Safety Wireless Advisory BILLING CODE 6730±01±M Committee are William Donald Speights, NTIA, and John J. Borkowski, FEDERAL MARITIME COMMISSION FCC. For public inspection, a file FEDERAL RESERVE SYSTEM designated WTB–1 is maintained in the Ocean Freight Forwarder License; Notice of Proposals to Engage in Private Wireless Division of the Applicants Permissible Nonbanking Activities or Wireless Telecommunications Bureau, to Acquire Companies that are Federal Communications Commission, Notice is hereby given that the Engaged in Permissible Nonbanking Room 8010, 2025 M Street NW., following applicants have filed with the Activities Washington, D.C. 20554. Federal Maritime Commission applications for licenses as ocean freight Federal Communications Commission The company listed in this notice has forwarders pursuant to section 19 of the given notice under section 4 of the Bank David E. Horowitz, Shipping Act of 1984 (46 U.S.C. app. Acting Chief, Private Wireless Division, Holding Company Act (12 U.S.C. 1843) 1718 and 46 CFR 510). (BHC Act) and Regulation Y, (12 CFR Wireless Telecommunications Bureau. Persons knowing of any reason why [FR Doc. 96–19348 Filed 7–29–96; 8:45 am] Part 225) to engage de novo, or to any of the following applicants should acquire or control voting securities or BILLING CODE 6712±01±P not receive a license are requested to assets of a company that engages either contact the Office of Freight Forwarders, directly or through a subsidiary or other Federal Maritime Commission, company, in a nonbanking activity that FCC To Hold Open Commission Washington, D.C. 20573. Meeting, Thursday, August 1, 1996; is listed in § 225.25 of Regulation Y (12 Foreign Cargo International, Inc., 8420 Sunshine Act Meeting CFR 225.25) or that the Board has N.W. 58th Street, Miami, FL 33166 determined by Order to be closely July 25, 1996. Officers: related to banking and permissible for The Federal Communications Enrique E. Ros, Jr., President bank holding companies. Unless Commission will hold an Open Meeting Odalys Ros, Secretary otherwise noted, these activities will be on the subjects listed below on Pyramid International, Inc., 7100 N.W. conducted throughout the United States. Thursday, August 1, 1996, which is 179th Street, Suite 303, Miami, FL The notice is available for inspection scheduled to commence at 9:30 a.m., in 33015 at the Federal Reserve Bank indicated. Room 856, at 1919 M Street, N.W., Officer: Gerald Anthony Cross, Chief Once the notice has been accepted for Washington, D.C. Executive Officer processing, it will also be available for 39660 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices inspection at the offices of the Board of 225.23(a)(3) of the Board’s Regulation Y well to provide the proposed services, Governors. Interested persons may (12 CFR 225.23(a)(3)) to engage de novo or that banks generally provide services express their views in writing on the through their direct, wholly owned that are so integrally related to the question whether the proposal complies subsidiary, Multinet International Bank, proposed services as to require their with the standards of section 4 of the New York, New York (Company), in provision in a specialized form. BHC Act, including whether acting as a clearinghouse for foreign National Courier Ass’n v. Board of consummation of the proposal can exchange and foreign exchange-related Governors, 516 F.2d 1229, 1237 (D.C. ‘‘reasonably be expected to produce transactions. Each Applicant would Cir. 1975). In addition, the Board may benefits to the public, such as greater acquire 12.5 percent of the voting shares consider any other basis that may convenience, increased competition, or of Company. Company would be demonstrate that the activity has a gains in efficiency, that outweigh organized under New York banking law reasonable or close relationship to possible adverse effects, such as undue as a limited purpose trust company, and banking or managing or controlling concentration of resources, decreased or would engage in certain trust, foreign banks. Board Statement Regarding unfair competition, conflicts of exchange, and data processing activities Regulation Y, 49 FR 806 (1984); interests, or unsound banking practices’’ in connection with its function as a Securities Industry Ass’n v. Board of (12 U.S.C. 1843). Any request for a clearinghouse. Multinet’s principal Governors, 468 U.S. 207, 210-11, n.5 hearing on this question must be function would be to become the (1984). accompanied by a statement of the substituted counterparty to each foreign Applicants state that the Board reasons a written presentation would exchange transaction that is submitted previously has determined by regulation not suffice in lieu of a hearing, by participants in the clearinghouse and that the proposed foreign exchange, identifying specifically any questions of that is accepted by the clearinghouse. trust, and data processing and fact that are in dispute, summarizing the All such transactions would be transmission services are closely related evidence that would be presented at a multilaterally netted, and settlement for to banking for purposes of section hearing, and indicating how the party all netted transactions would be subject 4(c)(8) of the BHC Act. See 12 CFR commenting would be aggrieved by to delivery versus payment restrictions. 225.25(b)(3), (7), and (17). Applicant approval of the proposal. These techniques are intended to reduce maintains that Company’s proposed Unless otherwise noted, comments the volume of settlement transactions activities would conform to Regulation regarding the application must be and reduce forward, settlement, and Y. The Board also may consider whether received at the Reserve Bank indicated liquidity risk. Incidental to its the proposed combination of these or the offices of the Board of Governors clearinghouse function, Company activities in the operation of a foreign not later than August 14, 1996. would engage in risk management, data exchange clearinghouse, as described in A. Federal Reserve Bank of Chicago processing, collateral management, and Applicants’ proposal, constitutes an (James A. Bluemle, Vice President) 230 payment and settlement functions. activity that is distinct from the South LaSalle Street, Chicago, Illinois Company also would provide data constituent activities contributing to the 60690: processing services to subscribers that operation of the clearinghouse. 1. Quad City Holdings, Inc., desire to match and net transactions on In order to approve the proposal, the Bettendorf, Iowa; to acquire 20 percent a bilateral basis. Company would Board also must determine that the of the voting shares of Nobel Electronic provide the proposed services to all proposed activities to be engaged in by Transfer, L.L.C., Bettendorf, Iowa, and financial institutions meeting its credit Company are a proper incident to thereby engage in data processing and operational standards on a banking that ‘‘can reasonably be activities pursuant to § 225.25(b)(7) of worldwide basis. expected to produce benefits to the the Board’s Regulation Y. Section 4(c)(8) of the BHC Act public, such as greater convenience, Board of Governors of the Federal Reserve provides that a bank holding company increased competition, or gains in System, July 24, 1996. may engage in any activity that the efficiency, that outweigh possible Jennifer J. Johnson, Board, after due notice and opportunity adverse effects, such as undue Deputy Secretary of the Board. for hearing, has determined by order or concentration of resources, decreased or [FR Doc. 96–19275 Filed 7–29–96; 8:45 am] regulation to be so closely related to unfair competition, conflicts of banking or managing or controlling interests, or unsound banking BILLING CODE 6210±01±F banks as to be a proper incident thereto. practices.’’ 12 U.S.C. 1843(c)(8). This statutory test requires that two Applicant contends that its proposal Notice of Proposals to Engage in separate tests be met for an activity to would produce public benefits that Nonbanking Activities or to Acquire be permissible for a bank holding outweigh any potential adverse effects. Companies that are Engaged in company. First, the Board must In publishing the proposal for Nonbanking Activities determine that the activity is, as a comment, the Board does not take a general matter, closely related to position on issues raised by the Bank of Montreal, Montreal, Canada; banking. Second, the Board must find in proposal. Notice of the proposal is The Bank of Nova Scotia, Toronto, a particular case that the performance of published solely to seek the views of Canada; Canadian Imperial Bank of the activity by the applicant bank interested persons on the issues Commerce, Toronto, Canada; The Chase holding company may reasonably be presented by the notice and does not Manhattan Corporation, New York, New expected to produce public benefits that represent a determination by the Board York; First Chicago NBD Corporation, outweigh possible adverse effects. that the proposal meets, or is likely to Chicago, Illinois; National Bank of A particular activity may be found to meet, the standards of the BHC Act. Canada, Montreal, Canada; The Toronto- meet the ‘‘closely related to banking’’ Any comments or requests for hearing Dominion Bank, Toronto, Canada; and test if it is demonstrated that banks have should be submitted in writing to Royal Bank of Canada, Montreal, generally provided the proposed William W. Wiles, Secretary, Board of Canada (collectively, Applicants), have services, that banks generally provide Governors of the Federal Reserve given notice pursuant to section 4(c)(8) services that are operationally or System, Washington, D.C. 20551, not of the Bank Holding Company Act (12 functionally similar to the proposed later than August 14, 1996. Any request U.S.C. 1843(c)(8)) (BHC Act) and services so as to equip them particularly for a hearing on this notice must, as Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39661 required by § 262.3(e) of the Board’s GENERAL SERVICES evaluation of applications received in Rules of Procedure (12 CFR 262.3(e)), be ADMINISTRATION response to Program Announcement 657. accompanied by a statement of reasons The meeting will be closed to the public why a written presentation would not Federal Acquisition Policy Division, in accordance with provisions set forth in 5 U.S.C. Section 552b(c)(4) and (6), and the suffice in lieu of a hearing, identifying FAR Secretariat Stocking Change of a Standard Form Determination of the Associate Director for specifically any questions of fact that Management and Operations, CDC, Pursuant are in dispute, summarizing the AGENCY: General Services to Pub. L. 92–463. evidence that would be presented at a Administration. Contact Person for More Information: hearing, and indicating how the party Melvin L. Myers, Deputy Director, Office of ACTION: Notice. commenting would be aggrieved by Extramural Coordination and Special approval of the proposal. SUMMARY: The General Services Projects, National Institute for Occupational Administration/FAR Secretariat is Safety and Health, CDC, 1600 Clifton Road, This application may be inspected at NE, M/S D40, Atlanta, Georgia 30333, the offices of the Board of Governors, changing the stocking of the following telephone 404/639–2376. the Federal Reserve Bank of New York, Standard form because of low user demand: Dated: July 23, 1996. or the Federal Reserve Bank of Chicago. Carolyn J. Russell, Board of Governors of the Federal Reserve SF 1409, Abstract of Offers System, July 24, 1996. Director, Management Analysis and Services Since this form is now authorized for Office; Centers for Disease Control and Jennifer J. Johnson, local reproduction, you can obtain the Prevention (CDC). Deputy Secretary of the Board. updated camera copy in two ways: [FR Doc. 96–19299 Filed 7–29–96; 8:45 am] [FR Doc. 96–19276 Filed 7–29–96; 8:45 a.m.] On the internet. Address: http:// BILLING CODE 4163±18±M BILLING CODE 6210±01±F www.gsa.gov/forms, or; From CARM, Attn.: Barbara Williams, (202) 501–0581. Administration for Children and FOR FURTHER INFORMATION CONTACT: Families BOARD OF GOVERNORS OF THE FAR Secretariat, (202) 501–4755. FEDERAL RESERVE SYSTEM DATES: Effective July 30, 1996. Proposed Information Collection Dated: July 19, 1996. Activity; Comment Request Sunshine Act Meeting Theodore D. Freed, Proposed Projects Standard and Optional Forms, Management AGENCY HOLDING THE MEETING: Board of Officer. Governors of the Federal Reserve Title: Federal Parent Locator Service System. [FR Doc. 96–19280 Filed 7–29–96; 8:45 am] (FPLS). BILLING CODE 6820±34±M TIME AND DATE: 11:00 a.m., Monday, OMB No.: Currently under review by August 5, 1996. OMB under procedures for emergency processing. PLACE: DEPARTMENT OF HEALTH AND Marriner S. Eccles Federal Description: The Office of Child HUMAN SERVICES Reserve Board Building, C Street Support Enforcement (OCSE) operates entrance between 20th and 21st Streets, the Federal Parent Locator Services N.W., Washington, D.C. 20551. Centers for Disease Control and Prevention (FPLS), a computerized national STATUS: Closed. location network which provides MATTERS TO BE CONSIDERED: Disease, Disability, and Injury address and social security number Prevention and Control Special information to State and local child 1. Personnel actions (appointments, Emphasis Panel (SEP): Intervention support enforcement agencies upon promotions, assignments, reassignments, and Studies for Construction Safety and request to locate parents in order to salary actions) involving individual Federal Health, Program Announcement 657: Reserve System employees. establish or enforce a child support 2. Any items carried forward from a Meeting order and to assist authorized persons in resolving parental kidnapping and child previously announced meeting. In accordance with section 10(a)(2) of custody cases. the Federal Advisory Committee Act CONTACT PERSON FOR MORE INFORMATION: State and local agency requests to the Mr. Joseph R. Coyne, Assistant to the (Pub. L. (92–463), the Centers for Disease Control and Prevention (CDC) FPLS can be made by tape, cartridge, Board; (202) 452–3204. You may call electronic file transfer or by dialing-up (202) 452–3207, beginning at announces the following committee meeting. using a personal computer. The FPLS approximately 5 p.m. two business days serves as a conduit between child before this meeting, for a recorded Name: Disease, Disability, and Injury Prevention and Control SEP: Intervention support enforcement offices and Federal announcement of bank and bank and State agencies by conducting holding company applications Studies for Construction Safety and Health, Program Announcement 657. weekly, biweekly, or monthly matches scheduled for the meeting. Times and Dates: 7 p.m.–9 p.m., August of the collected information with Dated: July 26, 1996. 19, 1996. 8 a.m.–5p.m., August 20, 1996. various agencies and distributing the Jennifer J. Johnson, Place: Abbott Turner Conference Center, information back to the requesting State 1703 Clifton Road, Atlanta, Georgia 30329. Deputy Secretary of the Board. or local child support office. Status: Closed. [FR Doc. 96–19546 Filed 7–29–96; 8:45 am] Matters to be Discussed: The meeting will Respondents: State, Local, Tribal or BILLING CODE 6210±01±P include the review, discussion, and Federal Govt. 39662 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

ANNUAL BURDEN ESTIMATES

Number Aver- Num- of re- age ber of sponses burden Total Instrument re- per re- hours burden spond- spond- per re- hours ents ent sponse

Standard Forms ...... *200 *24 1 4,800 Estimated Total Annual Burden Hours: 4,800 * The 4,800 transmittals (200 × 24) represents 4.2 million cases.

Explanation to the Administration for Children and to comments and suggestions submitted • The specific number of annual Families, Office of Information Services, within 60 days of this publication. burden hours per respondent will vary Division of Information Resource Dated: July 23, 1996. depending on individual circumstances Management Services, 370 L’Enfant Larry Guerrero, Promenade, S.W., Washington, D.C. including a State’s frequency in Reports Clearance Officer. 20447, Attn: ACF Reports Clearance submitting requests and their mode of [FR Doc. 96–19237 Filed 7–29–96; 8:45 am] submission. Officer. All requests should be • Burden hours for initial collection identified by the title of the information BILLING CODE 4184±01±M of information included in the collection. submission are not considered as part of The Department specifically requests comments on: (a) whether the proposed Submission for OMB Review; this request. State and local agencies Comment Request maintain this information as part of collection of information is necessary their day-to-day operation of the child for the proper performance of the Title: Integrated Review Schedule. functions of the agency, including support enforcement program. OMB No.: 0970–0035. Respondents: State, Local, Tribal or whether the information shall have Federal Govt. practical utility; (b) the accuracy of the Description: State agencies are In compliance with the requirements agency’s estimate of the burden of the required to perform quality control of Section 3506(c)(2)(A) of the proposed collection of information; (c) review for the AFDC, Food Stamp, and Paperwork Reduction Act of 1995, the ways to enhance the quality, utility, and Adult Assistance Programs. The Administration for Children and clarity of the information to be Integrated Review Schedule is jointly Families is soliciting public comment collected; and (d) ways to minimize the designed and used by ACF and FCS. on the specific aspects of the burden of the collection of information The schedule serves as the information collection described above. on respondents, including through the comprehensive data entry form for all Copies of the proposed collection of use of automated collection techniques active quality control reviews in these information can be obtained and or other forms of information programs. comments may be forwarded by writing technology. Consideration will be given Respondents: State governments.

ANNUAL BURDEN ESTIMATES

Number Aver- Number of re- age of re- sponses burden Total bur- Instrument spond- per re- hours den ents spond- per re- hours ent sponse

ACF±4357 ...... 55,000 1 1 55,000

Estimated Total Annual Burden within 30 days of publication. Written Health Resources and Services Hours: 55,000. comments and recommendations for the Administration Additional Information: Copies of the proposed information collection should proposed collection may be obtained by be sent directly to the following: Office Project Grants for Renovation or writing to The Administration for of Management and Budget, Paperwork Construction of Non-Acute Health Care Children and Families, Office of Reduction Project, 725 17th Street, Facilities Information Services, Division of N.W., Washington, D.C. 20503, Attn: AGENCY: Health Resources and Services Information Resource Management Ms. Wendy Taylor. Services, 370 L’Enfant Promenade, S.W., Administration, HHS. Washington, D.C. 20447, Attn: ACF Dated: July 24, 1996. ACTION: Cancellation of notice of Reports Clearance Officer. Bob Sargis, availability of funds. OMB Comment: OMB is required to Acting Reports Clearance Officer. SUMMARY: make a decision concerning the [FR Doc. 96–19308 Filed 7–29–96; 8:45 am] This notice rescinds the collection of information between 30 Notice of Availability of Funds for and 60 days after publication of this BILLING CODE 4184±01±M Project Grants for Renovation or document in the Federal Register. Construction of Non-Acute Health Care Therefore, a comment is best assured of Facilities published in the Federal having its full effect if OMB receives it Register June 13, 1996 at 61 FR 30077. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39663

FOR FURTHER INFORMATION CONTACT: Mrs. Dated: July 24, 1996. 2. Finalize draft goals and guidelines Glenna Wilcom, Grants Management T.J. Miller, on rangelands Officer, Bureau of Health Resources Acting Assistant, Regional Director, 3. Public Comment Development, Parklawn Building, Room Ecological, Services, Region 3, Fort Snelling, This meeting is open to the public. 7–27, 5600 Fishers Lane, Rockville, Minnesota. Interested persons may make oral Maryland 20857 (301) 443–2280. [FR Doc. 96–19313 Filed 7–29–96; 8:45 am] statement to the council or file written BILLING CODE 4310±55±P statements for the council’s Dated: July 24, 1996. consideration. Anyone wishing to make Ciro V. Sumaya, an oral statement should notify the RAC Administrator. Bureau of Land Management Coordinator, at the above address by [FR Doc. 96–19307 Filed 7–29–96; 8:45 am] [CA±063±00±5440±ZBBB; CACA±30070; August 10, 1996. BILLING CODE 4160±15±P CACA±25594; CACA±31926] Depending on the number of persons wishing to make oral statements, a time Correction to End of Comment Period limit, per person, may be established by for Draft Environmental Impact the Chair of the Resource Advisory DEPARTMENT OF THE INTERIOR Statement/Report for Eagle Mountain Council. Landfill and Recycling Project, James K. Murkin, Fish and Wildlife Service Riverside, CA Acting State Director. AGENCY: Bureau of Land Management, [FR Doc. 96–19311 Filed 7–29–96; 8:45 am] Endangered and Threatened Species Desert District. BILLING CODE 4310±22±M Permit Application ACTION: Correction to end of comment AGENCY: Fish and Wildlife Service, period. [UTU±69753] Interior. SUMMARY: The Bureau of Land Utah; Proposed Reinstatement of ACTION: Notice of receipt of application. Management’s Notice of Availability for Terminated Oil and Gas Lease the Draft EIS for the Eagle Mountain Landfill Project, published in the In accordance with Title IV of the The following applicant has applied Federal Register July 12, 1996, noted Federal Oil and Gas Royalty for a permit to conduct certain activities that the end of the written comment Management Act (Pub. L. 97–451), a with endangered species. This notice is period was September 10, 1996. This petition for reinstatement of oil and gas provided pursuant to section 10(c) of date is incorrect; the correct date for the lease UTU–69753 for lands in Tooele the Endangered Species Act of 1973, as end of the written comment period is County, Utah, was timely filed and amended (16 U.S.C. 1531, et seq.). September 17, 1996. required rentals accruing from January PRT–817175 Dated: July 23, 1996. 1, 1996, the date of termination, have Applicant: Mr. Gerald Dinkins, 3D/ Alan Stein, been paid. International, Environmental Group, Acting District Manager. The lessee has agreed to new lease Knoxville, Tennessee. [FR Doc. 96–19301 Filed 7–29–96; 8:45 am] terms for rentals and royalties at rates of $5 per acre and 162⁄3 percent, BILLING CODE 4310±40±M The applicant requests a permit to respectively. The $500 administrative take (capture and release) Higgins’ Eye fee has been paid and the lessee has Pearly Mussel (Lampsilis higginsi) [WY±985±06±0777±72] reimbursed the Bureau of Land within the Mississippi River, Management for the cost of publishing Resource Advisory Council Meeting, Washington and Dakota Counties, this notice. Wyoming Minnesota. Activities are proposed to Having met all the requirements for determine presence or absence of the AGENCY: Bureau of Land Management, reinstatement of the lease as set out in species within a proposed pipeline Interior. Section 31 (d) and (e) of the Mineral crossing. ACTION: Notice of Meeting of the Leasing Act of 1920 (30 U.S.C. 188), the Wyoming Resource Advisory Council. Bureau of Land Management is Written data or comments should be proposing to reinstate lease UTU–69753, submitted to the Regional Director, U.S. SUMMARY: This notice sets forth the effective January 1, 1996, subject to the Fish and Wildlife Service, Division of schedule and agenda for the original terms and conditions of the Ecological Services Operations, 1 rescheduled meeting of the Wyoming lease and the increased rental and Federal Drive, Fort Snelling, Minnesota Resource Advisory Council (RAC). royalty rates cited above. 55111–4056, and must be received on or DATE: August 15, 1996, from 8:00 a.m. Robert Lopez, before August 29, 1996. until 5:00 p.m. and August 16, 1996, Group Leader, Minerals Adjudication Group. Documents and other information from 8:00 a.m. until 3:00 p.m. [FR Doc. 96–19302 Filed 7–29–96; 8:45 am] submitted with this application are ADDRESS: Pronghorn Lodge, Monarch BILLING CODE 4310±DQ±M available for review by any party who Room, 150 East Main, Lander, WY submits a written request for a copy of 82520. [UTU±75038] such documents to the following office FOR FURTHER INFORMATION CONTACT: within 30 days of the date of publication Terri Trevino, RAC Coordinator, Utah; Proposed Reinstatement of of this notice: U.S. Fish and Wildlife Wyoming Bureau of Land Management, Terminated Oil and Gas Lease Service, Division of Ecological Services P.O. Box 1828, Cheyenne, WY 82003, Operations, 1 Federal Drive, Fort (307) 775–6020. In accordance with Title IV of the Snelling, Minnesota 55111–4056. SUPPLEMENTARY INFORMATION: The Federal Oil and Gas Royalty Telephone: (612/725–3536, x250); FAX: agenda for the meeting will include: Management Act (Pub. L. 97–451), a 1. Status of Green River Basin petition for reinstatement of oil and gas (612/725–3526). Advisory Committee lease UTU–75038 for lands in Duchesne 39664 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

County, Utah, was timely filed and The above described land is General Management Plan and required rentals accruing from April 1, segregated from settlement, location and Environmental Impact Statement (GMP/ 1996, the date of termination, have been entry under the public land laws and EIS) for Klondike Gold Rush National paid. the mining laws for a period of 270 days Historical Park. The draft EIS Notice of The lessee has agreed to new lease from the date of publication of this Availability was published in the terms for rentals and royalties at rates of notice in the Federal Register. Federal Register on June 4, 1996 (FR $5 per acre and 162⁄3 percent, FOR ADDITIONAL INFORMATION: Contact 28231). The original comment period respectively. The $500 administrative Mike Kelley at the Folsom Resource would have expired on July 31, 1996. fee has been paid and the lessee has Area office, 63 Natoma St., Folsom, CA DATES: Comments on the draft GMP/EIS reimbursed the Bureau of Land 95630, or by phone at (916) 985–4474. must be received no later than August Management for the cost of publishing D.K. Swickard, 16, 1996. this notice. Area Manager. ADDRESSES: Comments on the draft Having met all the requirements for [FR Doc. 96–19281 Filed 7–29–96; 8:45 am] GMP/EIS should be submitted to KLGO/ reinstatement of the lease as set out in BILLING CODE 4310±40±M KLSE Draft GMP Comments, 2525 Section 31 (d) and (e) of the Mineral Gambell Street, Anchorage, Alaska Leasing Act of 1920 (30 U.S.C. 188), the 99503–2892. Copies of the Draft GMP/ Bureau of Land Management is National Park Service EIS for Klondike Gold Rush National proposing to reinstate lease UTU–75038, Historical Park are available by request effective April 1, 1996, subject to the Notice of Approval of Record of from the aforementioned address. original terms and conditions of the Decision Final Environmental Impact FOR FURTHER INFORMATION CONTACT: Jack lease and the increased rental and Statement/General Management Plan Mosby, Team Captain, Klondike Gold royalty rates cited above. Cabrillo National Monument, San Rush General Management Plan team, Robert Lopez, Diego County, CA 2525 Gambell Street, Anchorage, Alaska Group Leader, Minerals Adjudication Group. 99503–2892. Phone: (907) 257–2650. SUMMARY: Pursuant to § 102(2)(C) of the [FR Doc. 96–19303 Filed 7–29–96; 8:45 am] National Environmental Policy Act of Dated: July 22, 1996. BILLING CODE 4310±DQ±M 1969, as amended, and the regulations Judith C. Gottlieb, promulgated by the Council on Acting Field Director, Alaska Field Office. [CA±010±04±1430±01; CACA 37054] Environmental Quality (40 CFR 1505.2), [FR Doc. 96–19245 Filed 7–29–96; 8:45 am] the Department of the Interior, National BILLING CODE 4310±70±P Notice of Realty Action; Direct Sale of Park Service has approved a Record of Public Land, Nevada County, CA Decision (ROD) on the Final Environmental Impact Statement/ Draft Environmental Impact Statement/ AGENCY: Dept. of the Interior, Bureau of General Management Plan (FEIS/GMP) General Management Plan, San Land Management. for Cabrillo National Monument, San Francisco Maritime National Historical ACTION: Direct Sale of Public Land, Diego, California. Park, San Francisco County, Ca; Nevada County, CACA 37054. The National Park Service will Notice of Availability implement the Proposal as identified in SUMMARY: SUMMARY: The following described the Final Environmental Impact Pursuant to § 102(2)(C) of the public land is being considered for Statement, issued in April 1996. National Environmental Policy Act of direct sale pursuant to Section 203 of Copies of the approved Record of 1969 (Pub. L. 91–190 as amended), the the Federal Land Policy and Decision may be obtained from the National Park Service (NPS), Management Act of October 21, 1976 Superintendent, Cabrillo National Department of the Interior, has prepared (433 U.S.C. 1713): Monument, 1800 Cabrillo Memorial a draft environmental impact statement assessing the potential impacts of the Mount Diablo Meridian, California Drive, San Diego, California 92106 or telephone at 619–557–5450. proposed General Management Plan T. 16N., R. 9E., (DEIS/GMP) for San Francisco Maritime Sec. 18: lot 20 Dated: July 10, 1996. National Historical Park, San Francisco, .74 acres, more or less. Stanley T. Albright. California. Once approved, the plan will The above tract is a wedge-shaped Field Director, Pacific West Area guide the management of the park over remnant of public land that lacks public [FR Doc. 96–19244 Filed 7–29–96; 8:45 am] the next 15 to 20 years. access. It is surrounded entirely by BILLING CODE 4310±70±P ALTERNATIVES: The proposed action (Alt. private property, most of which is A) would emphasize the preservation owned by Mr. and Mrs. Richard and maintenance of the park’s Chapman. The .74-acre remnant would Draft General Management Plan and collection, including the fleet of historic be sold as an inholding to the Chapmans Environmental Impact Statement for vessels, small watercraft, library, and at fair market value. An additional Klondike Gold Rush National Historical archival materials. The steam schooner $50.00 mineral conveyance processing Park Wapama, a National Historic Landmark, fee is required. The proposal is AGENCIES: National Park Service, would not be preserved and would consistent with the Bureau’s land use Interior. eventually be dismantled. The park plans which supports the disposal of ACTION: Extension of the public would pursue multiple strategies for small isolated tracts. comment period for the Draft General major ship restoration, such as The tract would be transferred subject Management Plan and Environmental continued use of commercial shipyards to a reservation to the United States for Impact Statement for Klondike Gold and appropriate agreements with San a right-of-way for ditches and canals. Rush National Historical Park. Francisco Bay Area dry dock facilities. The proposal is consistent with the Greater use of the park’s collection by Bureau’s land use plans that support the SUMMARY: The National Park Service the public for research and interpretive disposal of small difficult-to-manage announces a 15-day extension of the purposes would be provided through tracts. public comment period for the Draft the use of additional facilities, including Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39665 rehabilitation of the Haslett Warehouse. 10:00 a.m. until 1:00 p.m., at Building LOUISIANA A distinct, 19th century San Francisco F (Firehouse), Fort Mason, San St. Tammany Parish design theme would clearly establish Francisco, California. The second Madisonville Boarding House, 703 Main St., the exceptional maritime identity of the meeting will be held August 22, from Madisonville, 96000898 park. The intersection at Hyde and 7:00 p.m. until 10:00 p.m., at the same Jefferson Streets would be redesigned to location. For more details, contact San MARYLAND enhance pedestrian access and visibility Francisco Maritime National Historical Montgomery County of the pier and historic ships, and to Park, Attn: DEIS/GMP, National Park Beale, Edward, House, 11011 Glen Rd., expand interpretive opportunities. In Service, Bldg. E, Fort Mason, San Potomac, 96000902 addition to information regarding park Francisco, California, 94123, or inquire Polychrome Historic District, 9900 and 9904 facilities and programs, visitors would by telephone at (415) 556–1659. Colesville Rd., 9919, 9923, and 9925 Sutherland Rd., Silver Spring, 96000900 be encouraged to experience other Dated: July 23, 1996. related sites in the Bay Area. Patricia L. Neubacher, Prince Georges County Two additional alternatives are Acting Field Director, Pacific West Field Area. National Archives Site, Address Restricted, evaluated in the DEIS/GMP. Alternative College Park vicinity, 96000901 B (Alt. B), similar to the proposed [FR Doc. 96–19246 Filed 7–29–96; 8:45 am] action, would emphasize the BILLING CODE 4310±70±P PENNSYLVANIA preservation and maintenance of the Fayette County historic ships, small watercraft, library, National Register of Historic Places; New Geneva Historic District (Greensboro— and archival materials. Space would be New Geneva MPS), New Geneva, 96000903 Notification of Pending Nominations upgraded and expanded for the park’s RHODE ISLAND collection. The park would pursue Nominations for the following multiple strategies for major ship Newport County properties being considered for listing restoration work. Under Alt. B, the Hoppin, Hamilton, House, 120 Miantonomi in the National Register were received intersection of Hyde and Jefferson Ave., Middletown, 96000905 by the National Park Service before July Streets would be developed further as 20, 1996. Pursuant to section 60.13 of 36 Providence County an expanded/permanent pedestrian CFR Part 60 written comments Mowry, Tyler, House, 112 Sayles Hill Rd., plaza with public seating, unobstructed concerning the significance of these North Smithfield, 96000904 views of the ships and Bay, and properties under the National Register additional space for interpretive WISCONSIN criteria for evaluation may be forwarded demonstrations, displays, and public to the National Register, National Park Brown County programs. Service, P.O. Box 37127, Washington, Milwaukee Road Passenger Depot, 400 S. Alternative C (Alt. C) is the ‘‘No D.C. 20013–7127. Written comments Washington St., Green Bay, 96000906 Action/Minimum Requirements’’ should be submitted by August 14, option, and would continue current Marquette County 1996. management strategies, with minimal Richter, Charles Samuel, House, 55, 103, and actions implemented to stabilize and Marilyn Harper, 105 Underwood Ave., Montello, 96000908 preserve the park’s collection and Acting Keeper of the National Register. Winnebago County historic properties. ARKANSAS Kerwin, Judge J.C., House, 516 E. Forest Ave., SUPPLEMENTARY INFORMATION: The Pulaski County Neenah, 96000907 environmental consequences of the In order to assist in the preservation proposed action and the two other Central High School Neighborhood Historic District, roughly bounded by MLK Dr., of the following property, the comment alternatives are fully documented in the Thayer Ave., W. 12th St., and Roosevelt period has been waived: DEIS/GMP, and appropriate mitigation Rd., Little Rock, 96000892 measures to minimize impacts are MASSACHUSETTS identified. Copies of the DEIS/GMP will DISTRICT OF COLUMBIA Berkshire County be available for public inspection at the District of Columbia State Equivalent Congregational Church of West Stockbridge, park and at area libraries. Requests for Armstrong Manual Training School, Jct. of 45 Main St., West Stockbridge, 96000899 copies of the document should be 1st and P Sts., NW, Washington, 96000893 [FR Doc. 96–19304 Filed 7–29–96; 8:45 am] directed to: Superintendent, San Spencer Carriage House and Stable, 2123 BILLING CODE 4310±70±P Francisco Maritime National Historical Twining Crt., NW, Washington, 96000894 Park, Attn: DEIS/GMP, National Park IOWA Service, Building E, Fort Mason, San Francisco, California, 94123, or by Franklin County DEPARTMENT OF JUSTICE telephone at (415) 556–1659. Written Franklin County Sheriff’s Residence and Jail Notice of Lodging of Consent Decree comments on the draft document should (Municipal, County, and State Corrections Pursuant to the Comprehensive also be directed to the Superintendent at Properties MPS), 18 E. Central Ave., Hampton, 96000896 Environmental Response, the above address and must be received Compensation, and Liability Act not later than 60 days after the Johnson County publication of Notice of Availability by Shambaugh, Benjamin F. and Bertha M. Notice is hereby given that a proposed the Environmental Protection Agency. Horack, House, 219 N. Clinton St., Iowa consent decree was lodged May 24, Two public meetings will be held to City, 96000895 1996 in United States v. Fairchild facilitate public review of the DEIS/ Industries, Inc. and Cumberland Cement GMP. NPS officials will be available at KANSAS & Supply Company consolidated with these sessions to explain the Johnson County the United States v. The Kelly alternatives, answer questions, and Redel Historic District, 16310 Mission Rd., Springfield Tire Company, et al., receive public comments. The first 3950, 3970, 3990, and 4010 W. 163rd St., Consol. Civ. Action No. JFM–88–2933 meeting will be held August 21, from Stilwell, 96000897 (D. Md.) with Fairchild Holding Corp., 39666 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

Cumberland Cement & Supply consent decree please also enclose an Floor, Washington, D.C. 20005. In Company, the Kelly Springfield Tire additional $31.25. requesting a copy, please enclose a Company, and Precise Technology, Inc. Joel M. Gross, check in the amount of $5.75 (25 cents (‘‘Settling Defendants’’). The proposed Chief, Environmental Enforcement Section. per page reproduction costs) payable to Decree resolves the United States’ [FR Doc. 96–19285 Filed 7–29–96; 8:45 am] Consent Decree Library. claims under Section 107 of the BILLING CODE 4410±01±M Joel M. Gross, Comprehensive Environmental Chief, Environmental Enforcement Section. Response, Compensation and Liability [FR Doc. 96–19284 Filed 7–29–96; 8:45 am] Act (‘‘CERCLA’’), 42 U.S.C. § 9607, for Notice of Consent Decree Pursuant to BILLING CODE 4410±01±M past response costs incurred in the Clean Air Act connection with the Limestone Road In accordance with Departmental Superfund Site (‘‘Site’’) through August Policy, 28 CFR § 50.7, 38 Fed. Reg. Antitrust Division 31, 1993. Settling Defendants will pay 19029, notice is hereby given that a $1,860,213 out of total past costs of proposed Consent Decree in United [Civil Action No. 56±344 (AGS)] approximately $2,450,000. The Consent States v. San Juan Cement Company, Decree also requires Settling Defendants Inc., Civ. Action No. 96–1381 DRD United States District Court; Southern to pay the United States’ future costs (D.P.R.) was lodged with the United District of New YorkÐUnited States of (including the Environmental Protection States District Court for the District of America, Plaintiff, vs. International Business Machines Corporation, Agency’s oversight costs associated with Puerto Rico on July 12, 1996. The Defendant the Operable Unit 2 of the Site remedy) proposed Consent Decree resolves the United States’ claims against San Juan from August 31, 1993 until the date that Take Notice that International Cement Company for multiple the Settling Defendants receive Business Machines Corporation violations of the New Source notification that they have satisfied their (‘‘IBM’’), defendant in this antitrust Performance Standards (‘‘NSPS’’) of the obligations under the proposed Decree, action, has filed a motion for an order Clean Air Act, 42 U.S.C. 7411 and 7414, by either agreeing to implement the terminating the final judgment entered as amended, and regulations Operable Unit 2 remedy or by by the United States District Court for promulgated thereunder at 40 C.F.R. reimbursing the United States for the Part 60, at its cement manufacturing the Southern District of New York on costs which it incurs in connection with operation located in Dorado, Puerto January 25, 1956 (the ‘‘Final the implementation of that remedy. Rico. The Consent Decree provides that Judgment’’). IBM and the United States The Department of Justice will San Juan Cement Company will pay a of America have consented to modify receive, for a period of thirty (30) days civil penalty of $500,000, will construct the Final Judgment to establish specific sunset periods for all provisions from the date of this publication, and test a continuous opacity currently in effect, but the parties have comments relating to the proposed monitoring system on an emission point at its portland cement plant and, should reserved the right to withdraw their partial consent decree. Comments consent for at least 90 days after should be addressed to the Assistant the performance tests on this and/or on another emissions point yield publication of this Notice. Prior to entry Attorney General for the Environment of an order modifying the Final and Natural Resources Division, unsatisfactory results, will take measures EPA deems necessary to bring Judgment, the Court and the parties will Department of Justice, Washington, D.C. consider public comments. Any such 20530, and should refer to United States the emissions points into compliance with the NSPS. comments on the proposed termination v. Fairchild Industries, Inc. and The Department of Justice will described in this Notice must be filed Cumberland Cement & Supply receive, for a period of thirty (30) days within 60 days following the Company consolidated with the United from the date of this publication, publication of the last notice required States v. The Kelly Springfield Tire written comments relating to the by the Court’s Order Directing Company, et al., Consol. Civ. Action No. proposed Consent Decree. Comments Publication. The Complaint, Final JFM–88–2933 (D. Md.), DOJ #. 90–11–3– should be addressed to the Assistant Judgment and proposed modification 227. Attorney General for the Environment are further described below. The proposed consent decree may be and Natural Resources Division, The Complaint, filed on January 21, examined at the United States Department of Justice, Washington, D.C. 1952, alleged that IBM had Department of Justice, Environment and 20530, and should refer to United States monopolized, attempted to monopolize Natural Resources Division, Consent v. San Juan Cement Company, Inc. Civ. and restrained trade in the tabulating # Decree Library, 1120 G Street, N.W., 4th Action No. 96–1381 DRD (D.P.R.) DOJ industry, in violation of Sections 1 and Floor, Washington, D.C. 20005, (202) 90–5–2–1–1888. 2 of the Sherman Act. The Final 624–0892. A copy of the proposed The proposed Consent Decree may be Judgment was entered by consent examined at the Office of the United between the United States and IBM. The partial consent decree may be obtained States Attorney, Federal Office Building, Final Judgment applies to IBM’s in person or by mail from the Consent Room 452, 150 Carlos E. Chardon Ave., conduct with respect to tabulating Decree Library, 1120 G Street, N.W., 4th Hato Rey, Puerto Rico 00918; at the machines and cards, both of which IBM Floor, Washington, D.C. 20005. In Region II Office of the U.S. has not manufactured for many years, requesting a copy, please refer to the Environmental Protection Agency, 290 and ‘‘electronic data processing referenced case and enclose a check in Broadway, New York, New York 10278; machines’’ (‘‘computers’’). Certain the amount of $9.25 (25 cents per page and at the Consent Decree Library, 1120 provisions of the Final Judgment have reproduction costs), payable to the G Street, N.W., 4th Floor, Washington, expired or no longer apply to IBM’s Consent Decree Library. If you want a D.C. 20005, (202) 624–0892. A copy of business. However, other provisions of copy of the attachments to the proposed the Consent Decree may be obtained in the Final Judgment continue to apply to person or by mail from the Consent IBM’s computer business. On June 13, Decree Library, 1120 G Street, N.W., 4th 1994, IBM filed its motion to terminate Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39667 the remaining provisions of the Final IBM machines manuals, books of Street, NW., Washington, DC 20530 Judgment. instructions and other documents (Telephone 202–514–2481). Copies of The Court, on January 17, 1996, relating to IBM machines that IBM these materials may be obtained from terminated certain sections of the Final furnishes to its own repair and the Antitrust Division upon request and Judgment in their entirety: (a) Sections maintenance employees and requires payment of the copying fee set by the V (b) and (c), which required IBM to IBM to furnish to purchasers and lessees Department of Justice. offer to sell at no more than specified of IBM machines manuals, books of Interested persons may submit prices and to hold for a specified period instruction and other documents that comments regarding this matter within used IBM machines that acquired pertain to the operation and application the sixty (60) day period established by pursuant to trade-ins or as a credit of such machines. Finally, Section XV Court order. Such comments must be against sums then or thereafter payable enjoins IBM from entering into certain filed with the Office of the Clerk of the to IBM; and (b) Section VIII, which agreements to allocate markets or United States District Court, Southern specified conditions under which IBM restrain imports into the United States District of New York 500 Pearl Street, could engage in ‘‘service bureau or exports out of the United States and New York, New York 10007 with copies business,’’ as defined by Section II(k) of from conditioning the sale or leases of mailed at the time of filing to: (a) the Final Judgment. The Court also certain machines upon the purchase or counsel for IBM, Peter T. Barbur, Esq., terminated all other provisions of the lease of any other machine. Final Judgment as they applied to all The United States and IBM have Cravath, Swaine & Moore, Worldwide IBM computer products and services, agreed to modify the Final Judgment to Plaza, 825 Eighth Avenue, New York, except as they applied to as the AS/400 establish specific sunset periods for all N.Y. 10019 (Telephone 212–474–1058); and System/360 * * * 390 families of provisions currently in effect. The and (b) counsel for the United States, N. products and services. parties agreed to terminate Section IV Scott Sacks, Assistant Chief, Computers On July 2, 1996, the United States and (b)(3) and (c)(7) and Section VII(d)(1) & Finance Section, Antitrust Division, IBM entered into a stipulation whereby immediately upon entry of an Order by United States Department of Justice, the parties agreed to establish sunset the Court. With respect to the AS/400 Suite 9500, 600 E. Street, NW., periods for all remaining substantive family of products and services, the Washington, DC 20530 (Telephone 202– provisions of the Final Judgment— parties have agreed to terminate: (a) 307–6132). Sections IV, V, VI, VII, IX, and XV—as Section V(a) immediately upon entry of Constance K. Robinson, they apply to the AS/400 and System/ an Order by the Court; (b) Section IV Director of Operations. 360 * * * 390 families of products and (except Section IV(c)(3) as it may apply [FR Doc. 96–19282 Filed 7–29–96; 8:45 am] services. Section IV fulfills the purpose to the provision of operating systems, an BILLING CODE 4410±01±M of the Final Judgment in assuring to interpretation that the United States current and prospective IBM customers holds and with which IBM does not an opportunity to purchase machines on agree) and Section VI(a) 6 months after Notice Pursuant to the National terms and conditions that are not entry of an Order by the Court; (b) Cooperative Research and Production substantially more advantageous to IBM Section IV (except Section IV(c)(3) as it Act of 1993 Portland Cement than the terms and conditions for leases may apply to the provision of operating Association of the same machines and requires IBM systems, an interpretation that the to sell its machines at prices that have United States holds and with which Notice is hereby given that, on May a commercially reasonably relationship IBM does not agree) and Section VI(a) 6 31, 1996 and July 3, 1996, pursuant to to the lease charges for the same months after entry of an Order by the Section 6(a) of the National Cooperative machines. Section V restricts IBM’s Court and  all other provisions of the Research and Production Act of 1993, ability to re-acquire previously sold IBM Final Judgment as they apply to the AS/ 15 U.S.C. § 4301 et seq. (‘‘the Act’’), the machines. Section VI requires IBM to 400, including Section IV(c)(3) as it may Portland Cement Association (‘‘PCA’’) offer to machine owners at reasonable apply to operating systems, on July 2, filed written notifications and nondiscriminatory prices repair and 2000. With respect to the System 360 simultaneously with the Attorney maintenance service for as long as IBM ** * 390 and the remainder of the General and the Federal Trade provides such service, provided that the Final Judgment, the parties have agreed Commission disclosing changes in its machine has not been altered or to terminate all remaining provisions on membership. The notifications were connected to another machine in such a July 2, 2001. Thus, under the agreement filed for the purpose of extending the manner that its maintenance and repair between the United States and IBM, as Act’s provisions limiting the recovery of is impractical for IBM and requires IBM of July 2, 2001, the Final Judgment will antitrust plaintiffs to actual damages to offer to machine owners and to be terminated in its entirety. under specified circumstances. persons engaged in the business of The United States has filed with the Specifically, FLS Automation, Hunt providing repair and maintenance Court a memorandum setting forth its Valley, MD and ABB Industrial Systems services, at reasonable and position with respect to modifying the Inc., Norwalk, CT have become nondiscriminatory prices, repair and Final Judgment as it applies to the AS/ Associate Members of PCA. replacement parts for as long as IBM has 400 and System/360 * * * 390. Copies such parts available for use in its leased of the Complaint, the Final Judgment, No other changes have been made in machines. Section VII restrains IBM the Stipulation containing the parties’ either the membership or planned from requiring that lessees or purchasers tentative consent, the memoranda and activities of the PCA. of IBM machines disclose to IBM the all other papers filed in connection with On January 7, 1985, PCA filed its uses of such machines, from requiring this motion are available for inspect at original notification pursuant to Section that purchasers of IBM machines have the Office of the Clerk of the United 6(a) of the Act. The Department of those machines maintained by IBM and States District Court, Southern District Justice published a notice in the Federal generally from prohibiting of New York, United States Courthouse, Register pursuant to Section 6(b) of the experimentation with, alterations in or 500 Pearl Street, New York, New York Act on February 5, 1985 (50 FR 5015). attachment to IBM machines. Section IX 10007 and at Suite 215, Antitrust The last notification was filed with the requires IBM to furnish to owners of Division, Department of Justice , 325 7th Department on April 9, 1996. A notice 39668 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices was published in the Federal Register Administrator adopts, in full, the application for a DEA Certificate of on May 14, 1996 (61 FR 24332). decision of the Administrative Law Registration be, and it hereby is, denied. Constance K. Robinson, Judge. The Drug Enforcement This order is effective August 29, 1996. Director of Operations, Antitrust Division. Administration cannot register or Dated: July 24, 1996. [FR Doc. 96–19283 Filed 7–29–96; 8:45 am] maintain the registration of a Stephen H. Greene, practitioner who is not duly authorized BILLING CODE 4410±01±M to handle controlled substances in the Deputy Administrator. state in which he conducts his business. [FR Doc. 96–19256 Filed 7–29–96; 8:45 am] BILLING CODE 4410±09±M Drug Enforcement Administration See 21 U.S.C. 283(f) (authorizing the Attorney General to register a [Docket No. 96±16] practitioner to dispense controlled [Docket No. 96±7] substances only if the applicant is Dewey O. Mays, Jr., M.D.; Denial of authorized to dispense controlled David R. Nahin, M.D.; Revocation of Application substance under the laws of the state in Registration On November 24, 1995, the Deputy which he or she practices); 802(21) (defining ‘‘practitioner’’ as one On November 9, 1995, the Deputy Assistant Administrator, Office of Assistant Administrator, Office of Diversion Control, Drug Enforcement authorized by the United States or the state in which he or she practices to Diversion Control, Drug Enforcement Administration (DEA), issued an Order Administration (DEA), issued an Order to Show Cause to Dewey O. Mays, Jr., handle controlled substances in the course of professional practice or to Show Cause to David R. Nahin, M.D., M.D., (Respondent) of Dayton, Ohio, (Respondent) of Waukesha, Wisconsin, notifying him of an opportunity to show research). This prerequisite has been consistently upheld. See Dominick A. notifying him of an opportunity to show cause as to why DEA should not deny cause as to why DEA should not revoke his application of January 3, 1994, for Ricci, M.D., 58 FR 51,104 (1993); James H. Nickens, M.D., 57 FR 59,847 (1992); his DEA Certificate of Registration, registration as a practitioner under 21 AN7645229, under 21 U.S.C. 824(a), and U.S.C. 823(f) as being inconsistent with Roy E. Hardman, M.D., 57 FR 49,195 (1992); Myong S. Yi, M.D., 54 FR 30,618 deny any pending applications for the public interest. (1989); Bobby Watts, M.D., 53 FR 11,919 renewal of such registration as a On January 2, 1996, the Respondent (1988). practitioner under 21 U.S.C. 823(f), for filed a timely request for a hearing, and Here, it is clear that the Respondent the reason that his continued the matter was docketed before is not currently authorized to practice registration would be inconsistent with Administrative Law Judge Mary Ellen medicine in Ohio. The Deputy the public interest. Bittner. However, on January 23, 1996, Administrator agrees with Judge On November 27, 1995, the the Government filed a Motion to Bittner’s finding that ‘‘[i]t is therefore Respondent, through counsel, filed a Amend Order to Show Cause and for reasonable to infer, and Respondent timely request for a hearing, and the Summary Disposition, noting that the does not deny, that because he is not matter was docketed before Respondent’s license to practice authorized to practice, he is also not Administrative Law Judge Mary Ellen medicine had been indefinitely authorized to handle controlled Bittner. However, on January 19, 1996, suspended by the State Medical Board substances in Ohio.’’ Likewise, since the the Government filed a Motion for of Ohio by final order dated June 15, Respondent lacks state authority to Summary Disposition and to Stay 1995, a copy of which was attached to handle controlled substances, DEA lacks Proceedings with copies of supporting the motion. The Respondent was authority to grant the Respondent’s documents. Specifically, the afforded an opportunity to respond to registration application. Respondent voluntarily had surrendered the Government’s motion on or before Judge Bittner also properly granted his medical license pursuant to a copy February 8, 1996, but no response was the Government’s motion for summary of the State of Wisconsin, Medical filed. On February 14, 1996, Judge disposition. The parties did not dispute Examining Board’s (Medical Board) Bittner issued her Opinion and that the Respondent was unauthorized Final Decision and Order dated April Recommended Decision, (1) finding that to handle controlled substances in Ohio, 28, 1993. Further, pursuant to an order the Respondent lacked authorization to the state in which he proposed to of the Medical Board’s dated August 9, practice medicine in Ohio, and, conduct his practice. Therefore, it is 1994, the Respondent was granted a accordingly, lacked authorization to well-settled that when no question of limited medical license which handle controlled substances in Ohio, fact is involved, a plenary, adversary precluded him from having physician- (2) finding that the Respondent was thus administrative proceeding involving patient contact. Also, a letter dated not entitled to a DEA registration, (3) evidence and cross-examination of September 27, 1994, from the State of granting the Government’s motion for witnesses is not obligatory. Dominick A. Wisconsin, Department of Regulation summary disposition, and (4) Ricci, M.D., 58 FR at 51,104; see also and Licensing, informed DEA that, recommending that the Respondent’s Phillip E. Kirk, M.D., 48 FR 32,887 ‘‘while Dr. Nahin is not prohibited from application for a DEA Certificate of (1983), aff’d sub nom Kirk v. Mullen, holding a DEA registration, use of the Registration be denied. Neither party 749 F.2d 297 (6th Cir. 1984); Alfred registration in prescribing medications filed exceptions to her decision, and on Tennyson Smurthwaite, M.D., 43 FR would constitute a violation of his March 15, 1996, Judge Bittner 11,873 (1978); NLRB v. International limited license.’’ transmitted the record of these Association of Bridge, Structural and The Respondent was afforded an proceedings and her opinion to the Ornamental Ironworkers, AFL–CIO, 549 opportunity to respond to the Deputy Administrator. F.2d 634 (9th Cir. 1977). Government’s motion on or before The Deputy Administrator has Accordingly, the Deputy February 5, 1996, but no response was considered the record in its entirety, Administrator of the Drug Enforcement filed. and pursuant to 21 CFR 1316.67, hereby Administration, pursuant to the On February 15, 1996, Judge Bittner issues his final order based upon authority vested in him by 21 U.S.C. issued her Opinion and Recommended findings of fact and conclusions of law 823, and 28 CFR 0.100(b) and 0.104, Decision, (1) finding that the as hereinafter set forth. The Deputy hereby orders that the Respondent’s Respondent, practicing medicine under Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39669 a limited license in Wisconsin, lacked well-settled that when no question of • Evaluate whether the proposed authorization to handle controlled fact is involved, a plenary, adversary collection of information is necessary substances there, (2) granting the administrative proceeding involving for the proper performance of the Government’s Motion for Summary evidence and cross-examination of functions of the agency, including Disposition, and (3) recommending that witnesses is not obligatory. Dominick A. whether the information will have the Respondent’s DEA Certificate of Ricci, M.D., 58 FR at 51,104; see also practical utility; Registration be revoked. Neither party Philip E. Kirk, M.D., 48 FR 32,887 • Evaluate the accuracy of the filed exceptions to her decision, and on (1983), aff’d sub nom Kirk V. Mullen, agency’s estimate of the burden of the March 15, 1996, Judge Bittner 749 F.2d 297 (6th Cir. 1984); Alfred proposed collection of information, transmitted the record of these Tennyson Smurthwaite, M.D., 43 FR including the validity of the proceedings and her opinion to the 11,873 (1978); NLRB v. International methodology and assumptions used; Deputy Administrator. Association of Bridge, Structural and • Enhance the quality, utility, and The Deputy Administrator has Ornamental Ironworkers, AFL-CIO, 549 clarity of the information to be considered the record in its entirety, F.2d 634 (9th Cir. 1977). collected; and and pursuant to 21 CFR 1316.67, hereby Accordingly, the Deputy • Minimize the burden of the issues his final order based upon Administrator of the Drug Enforcement collection of information on those who findings of fact and conclusions of law Administration, pursuant to the are to respond, including through the as hereinafter set forth. The Deputy authority vested in him by 21 U.S.C. 823 use of appropriate automated, Administrator adopts, in full, the and 824, and 28 CFR 0.100 (b) and electronic, mechanical, or other decision of the Administrative Law 0.104, hereby orders that DEA technological collection techniques or Judge. The Drug Enforcement Certificate of Registration AN7645229, other forms of information technology, Administration cannot register or previously issued to David R. Nahin, e.g., permitting electronic submission of maintain the registration of a M.D., be, and it hereby is, revoked, and responses. practitioner who is not duly authorized any pending application for renewal of Agency: Employment and Training to handle controlled substances in the such registration is hereby denied. This Administration. State in which he conducts his business. order is effective August 29, 1996. Title: State Alien Labor Certification See 21 U.S.C. 823 (f) (authorizing the Dated: July 24, 1996. Activity Report. Attorney General to register a Stephen H. Greene, OMB Number: 1205–0319. practitioner to dispense controlled Deputy Administrator. Agency Number: ETA 9037. substances only if the applicant is Frequency: Biennially. authorized to dispense controlled [FR Doc. 96–19257 Filed 7–29–96; 8:45 am] BILLING CODE 4410±09±M Affected Public: State, Local or Tribal substances under the laws of the state in Government. which he or she practices); 802(21) Number of Respondents: 54. (defining ‘‘practitioner’’ as one DEPARTMENT OF LABOR Estimated Time Per Respondent: 2 authorized by the United States or the hours. state in which he or she practices to Office of the Secretary Total Burden Hours: 216. handle controlled substances in the Total Annualized capital/startup course of professional practice or Submission for OMB Review; costs: 0. research); and 21 U.S.C. 824(a)(3) Comment Request Total annual costs (operating/ (authorizing the Attorney General to maintaining systems or purchasing revoke a registration upon as finding July 25, 1996. services): 0. that the registrant ‘‘has had his State The Department of Labor (DOL) has Description: The ETA 9037 provides license or registration suspended, submitted the following public the necessary information required to revoked, or denied by competent State information collection request (ICR) to implement the labor certification authority and is no longer authorized by the Office of Management and Budget process. This record is used to compile State law to engage in * * * dispensing (OMB) for review and approval in internal reports to management as well of controlled substances * * *’’). This accordance with the Paperwork as answering public inquiries about the prerequisite has been consistently Reduction Act of 1995 (Pub. L. 104–13, status. upheld. See Dominick A. Ricci, M.D., 58 44 U.S.C. Chapter 35). A copy of this FR 51,104 (1993); James H. Nickens, individual ICR, with applicable Theresa M. O’Malley, M.D., 57 FR 59,847 (1992); Roy E. supporting documentation, may be Acting Departmental Clearance Officer. Hardman, M.D., 57 FR 49,195 (1992); obtained by calling the Department of [FR Doc. 96–19336 Filed 7–29–96; 8:45 am] Myong S. Yi, M.D., 54 FR 30,618 (1989); Labor Acting Departmental Clearance BILLING CODE 4510±30±M Bobby Watts, M,D., 53 FR 11,919 (1988). Officer, Theresa M. O’Malley (202–219– Here, it is clear and undisputed that 5095). Individuals who use a the Respondent currently is not telecommunications device for the deaf NATIONAL COMMISSION ON authorized to handle controlled (TTY/TDD) may call (202) 219–4720 LIBRARIES AND INFORMATION substances in Wisconsin. Likewise, between 1:00 p.m. and 4:00 p.m. Eastern SCIENCE since the respondent lacks state time, Monday through Friday. authority to handle controlled Comments should be sent to Office of Sunshine Act Meeting; Meeting of the substances, DEA lacks authority to Information and Regulatory Affairs, U.S. National Commission on Libraries continue his registration. Attn: OMB Desk Officer for the and Information Science Judge Bittner also properly granted Employment and Training the Government’s motion for summary Administration, Office of Management TIME, DATE, AND PLACE: 3:00 p.m. to 5:45 disposition. The parties did not dispute and Budget, Room 10235, Washington, p.m., July 19, 1996, Koret Auditorium, that the Respondent was unauthorized DC 20503 (202–395–7316), on or before San Francisco Public Library, San to handle controlled substances in August 29, 1996. Francisco, CA. Wisconsin, the state in which he The OMB is particularly interested in MATTERS TO BE DISCUSSED: San Francisco conducts his practice. Therefore, it is comments which: Bay Area Library and Information 39670 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

Services Panel discussion with NCLIS ACTION: Initiation of arbitration. Recommended by: Members, Tour of SFPL new main Marybeth Peters, library. SUMMARY: The Copyright Office of the Register of Copyrights. Library of Congress is announcing TIME, DATE, AND PLACE: 9:00 a.m. to 12:00 initiation of the 180-day arbitration Approved by: noon, July 20, 1996, San Francisco James H. Billington, Public Library, Latino-Hispanic period for the distribution of 1992–94 The Librarian of Congress. Community Room. digital audio recording technology (DART) royalties. [FR Doc. 96–19294 Filed 7–29–96; 8:45 am] MATTERS TO BE DISCUSSED: NCLIS activity review and planning for FY EFFECTIVE DATES: August 8, 1996. BILLING CODE 1410±33±P 1996, Public comment. ADDRESSES: All hearings and meetings TIME, DATE, AND PLACE: 8:15 a.m. to 9:30 for the 1992–94 DART distribution proceeding shall take place in the James NATIONAL AERONAUTICS AND a.m., July 21, 1996, San Diego Sheraton SPACE ADMINISTRATION Hotel, Seabreeze II Room, 1380 Harbor Madison Memorial Building, Room 414, Island Drive, San Diego, CA. First and Independence Avenue SE., [Notice 96±088] Washington, DC 20540. MATTERS TO BE DISCUSSED: Meeting with Government-Owned Inventions, the Interactive Services Board. FOR FURTHER INFORMATION CONTACT: William Roberts, Senior Attorney for Available for Licensing TIME, DATE, AND PLACE: 10:00 a.m. to 4:00 Compulsory Licenses, or Tanya p.m., Seabreeze I Room, San Diego AGENCY: National Aeronautics and Sandros, CARP Specialist, Copyright Sheraton Hotel. Space Administration. Arbitration Royalty Panel (CARP), P.O. MATTERS TO BE DISCUSSED: NCLIS Plans ACTION: Notice of availability of Box 70977, Southwest Station, inventions for licensing. for FY 1997. Washington DC. 20024. Telephone (202) TIME, DATE, AND PLACE: 8:30 a.m. to 11:30 707–8380. Telefax (202) 707–8366. SUMMARY: The inventions listed below p.m., July 22, 1996, San Diego Sheraton SUPPLEMENTARY INFORMATION: Section are assigned to the National Aeronautics Hotel, 8:30 a.m. to 11:30 a.m., July 23, 251.72 of 37 CFR provides: and Space Administration, have been 1996, Interactive Services Association filed in the United States Patent and Conference. If the Librarian determines that a Trademark Office, and are available for controversy exists among claimants to either TIME, DATE, AND PLACE: 1:00 p.m. to 5:00 cable, satellite carrier, or digital audio licensing. p.m., July 22, 1996, San Diego Sheraton recording devices and media royalties, the Copies of patent applications cited are Hotel, Belaire Ballroom. Librarian shall publish in the Federal available from the Office of Patent MATTERS TO BE DISCUSSED: NCLIS Register a declaration of controversy along Counsel, Langley Research Center, Mail Hearing: Libraries and Interactive with a notice of initiation of an arbitration Code 212, Hampton, VA 23681. Claims Services on the Information Highway: proceeding. Such notice shall, to the extent are deleted from the patent applications feasible, describe the nature, general to avoid premature disclosure. Toll Roads Freeways, Highway Robbery. structure and schedule of the proceeding. The hearing will focus on polices DATES: July 30, 1996. related to libraries’ roles in and use of The notice published today fulfills the FOR FURTHER INFORMATION CONTACT: interactive and online information requirements of § 251.72 for the Office of Patent Counsel, Mail Code 212, services, with specific testimony from distribution of DART royalties for the Langley Research Center, Hampton, VA interactive industry and library years 1992, 1993, and 1994. 23681; telephone (804) 864–9260, fax representatives. As provided in section 802 of the (804) 864–9190. PORTION CLOSED TO THE PUBLIC: 4:00 p.m. Copyright Act, 17 U.S.C., a Copyright NASA Case No. LAR–15058–1: Vapor to 5:00 p.m., July 21, 1996: To review Arbitration Royalty Panel (CARP) shall Generator Wand; staff support requirements. have 180 days from initiation to deliver NASA Case No. LAR–15059–1: Digital To request further information or to its written report to the Librarian of Mammography With A Mosaic of make special arrangements for Congress. The 180-day period begins on CCD–Arrays; physically challenged persons, contact August 8, 1996 and concludes on NASA Case No. LAR–15062–1: Multi- Barbara Whiteleather (202–606–9200) February 3, 1997. This proceeding Channel Electronically Scanned no later than one week in advance of the requires the CARP to determine the Cryogenic Pressure Sensor; meeting. proper distribution of royalties collected NASA Case No. LAR–15068–1: under chapter 10 of the Copyright Act Electrically Conductive Polyimide Dated: July 10, 1996. for the years 1992, 1993 and 1994. Film Containing Gold (III) Ions; Peter R. Young, Section 802(b) of the Act instructs the NASA Case No. LAR–15069–1: Low NCLIS Executive Director. Librarian to select two arbitrators within Power Impressed Current Cathodic [FR Doc. 96–19438 Filed 7–26–96; 11:49 am] 10 days of initiation of the proceeding. Protection of Metal; BILLING CODE 7527±′01±M The Librarian has already completed NASA Case No. LAR–15088–2: Spiral this task, and the two arbitrators are: Microstrip Antenna With The Honorable Sharon T. Nelson Resistance; NASA Case No. LAR–15094–1: Concept LIBRARY OF CONGRESS The Honorable Lewis Hall Griffith for A Ringless Carbon-Carbon Copyright Office The third arbitrator, who shall serve as Piston in Internal Combustion Chairperson, will be selected in [Docket No. 95±1 CARP DD 92±94] Engines; accordance with section 802(b). NASA Case No. LAR–15105–1: Ho: Tm: Distribution of 1992, 1993, and 1994 Scheduling of the 1992–94 DART LuAG–A New Laser Material Digital Audio Recording Technology royalty distribution proceeding is NASA Case No. LAR–15112–1–CU: Royalties within the discretion of the CARP. The Micro-Sensor Thin-Film Library will publish the schedule of the Anemometer; AGENCY: Copyright Office, Library of proceedings, as required by 37 CFR NASA Case No. LAR–15114–1–CU: Dry Congress. 251.11(b), as soon as it is available. Powder Process for Preparing Uni- Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39671

Tape Prepreg From Polymer Coated NASA Case No. LAR–15259–2–CU: NASA Case No. LAR–15412–1: Imide Filamentary Towpregs; Composite Prepreg Consolidation Oligomers and Co-Oligomers NASA Case No. LAR–15128–1: Method Device; Containing Pendent Phenylethynyl for Fabricating Composites NASA Case No. LAR–15266–1–CU: Groups and Polymers Therefrom; Structures Including Continuous Surface Acoustic Wave Oxygen NASA Case No. LAR–15415–1: Forward Press Forming and Pultrusion Pressure Sensor; Sweep Low Noise Rotor Blade; Processing; NASA Case No. LAR–15272–1–CU: NASA Case No. LAR–15053–1: NASA Case No. LAR–15138–1: Reflective Self-Metallizing Schlieren System and Method for Piexoelectric Loudspeaker and Polyimide Films Containing Silver Moving Objects; Transducer; Acetate; NASA Case No. LAR–15052–1: NASA Case No. LAR–15175–2: NASA Case No. LAR–15275–1: Electrically Conductive Polyimides Phenylethynyl Terminated Imide Ho:Tm:LuLiF4 A New Laser Containing Silver Oligomers (Divisional of-1); Material; Trifluoroacetylacetonate; NASA Case No. LAR–15279–1: NASA Case No. LAR–15046–2: Eddy NASA Case No. LAR–15176–1–CU: Thermally Stable, Piezoelectric and Current Method for Fatigue Testing; Imide Oligomers Endcapped With Pyroelectric Polymeric Substrates NASA Case No. LAR–15007–1: A Phenylethynyl Phthalic Anhydrides and Method Relating Thereto; Method to Prevent Fiber Distortion and Polymers Therefrom; NASA Case No. LAR–15289–1: Three- in Textile Materials; NASA Case No. LAR–15205–1–CU: Dimensional Object Tracking NASA Case No. LAR–14997–2: Optical Tough, Soluble, Aromatic, System & Meth Employing Plural Flameout Detector; Thermoplastic Copolyimides; Sensors/Processors for Performing NASA Case No. LAR–14965–2–CU: NASA Case No. LAR–15205–2: Process Parallel Processing; Acetylene and Phenylacetylene for Preparing Tough, Soluble, NASA Case No. LAR–15297–1: Terminated Poly (Arylene Ether Thermoplastic Copolyimides Simultaneous Luminescence Benzimidazole)s; (Continuation of-1); Pressure and Temperature Mapping NASA Case No. LAR–14964–1–CU: NASA Case No. LAR–15208–1: A System; Design of Electrically Conductive, Unique Copolyimide Backbone for NASA Case No. LAR–15313–1–SB: Thermally Insulating Current Leads Imide Oligomers With Terminal Augmented Shock Wave Fracture/ for Cryogenic Applications, etc.; Reactive Groups; Severance of Materials; NASA Case No. LAR–14939–2–CU: Poly NASA Case No. LAR–15211–1: Beat NASA Case No. LAR–15316–2–CU: (N-Arylene-benzimidazole)s Via Frequency Ultrasonic Microsphere Nonaqueous Slip Casting of High Aromatic Nucleophilic Contrast Agent Detection System; Temp Ceramic Superconductors Displacement; NASA Case No. LAR–15212–1–CU: Test Using an Investment Casting NASA Case No. LAR–14898–1: Fixture for Determination of Energy Technique; Composite Sandwich Structure and Absorbing Capabilities of NASA Case No. LAR–15330–1–SB: Method for Making Same; Composite Materials; Radially Focused Eddy Current NASA Case No. LAR–14896–2: NASA Case No. LAR–15217–1: Molding Sensor for Characterization of Flaws Polyazomethines Containing of Complex Part Utilizing Modified in Metallic Tubing; Trifluoromethylbenzene Units; Silicone Rubber Tooling; NASA Case No. LAR–15332–1: NASA Case No. LAR–14892–2: NASA Case No. LAR–15229–2–CU: Poly Copolyimides Prepared from ODA, Composite Prepreg Material and (Arylene Ether Co-Imidazole)s as APB and BPDA; Method for Production of Improved Toughness Modifiers for Epoxy NASA Case No. LAR–15338–1: Small Composite Material; NASA Case No. LAR–14879–1–CU: Resins (Continuation of-1); Vacuum Compatible Hyperthermal Apparatus and Method for NASA Case No. LAR–15231–1–SB: Atom Generator; Determining the Mass Density of a Flux-Focusing Eddy Current Probe NASA Case No. LAR–15348–1: Thin- Filament; and Rotating Probe Method for Flaw Layer Composite-Unimorph NASA Case No. LAR–14775–2: Detection; Piezoelectric Driver and Sensor, ‘‘THUNDER’’; Apparatus for Elevated NASA Case No. LAR–15246–1: Base NASA Case No. LAR–15351–1–CU: Temperature Compression or Passive Porosity for Drag Reduction; Catalyst for Formaldehyde Tension Testing of Composite NASA Case No. LAR–15248–1–CU: Oxidation; Specimens; Vacuum Microextruder and NASA Case No. LAR–15362–1: NASA Case No. LAR–14640–2–CU: Ian Method; Automatic Force Balance Iterferometer Having Fused Optical NASA Case No. LAR–15251–1: Process Calibration System; Fibers, and Apparatus and Method for Controlling Morphology & NASA Case No. LAR–15373–1: Shock- using the Interferometer; Improving Thermal-Mechanical Free Supersonic Elliptic Nozzles/ NASA Case No. LAR–14621–2: Method Performance of High Performance Meth of Forming Design Proc/Shock for Ultrasonic Imaging and Device Polymer Networks; Free Elliptic Nozzles; for Performing the Method; NASA Case No. LAR–15251–3/4/6: NASA Case No. LAR–15387–1: Process NASA Case No. LAR–14559–2: Method Freeze Drying for Morphological for Preparing an Ultra-Thin, and Apparatus for Control of Interpenetrating Polymer Adhesiveless, Multi-Layered, Thermographically and Networks; Patterned Polymer Substrate; Quantitatively Analyzing a NASA Case No. LAR–15515–1–CU: NASA Case No. LAR–15406–1: Structure for Disbonds and/or Two-Stage Gas Measurement Noninvasive Meth/Apparatus for Inclusions; System; Monitoring Intracranial Pressure & NASA Case No. LAR–14581–2MSB: NASA Case No. LAR–15258–1: Pressure Vols Index in Humans; Method and Apparatus for Linewidth Reduction Method Using NASA Case No. LAR–15411–1–CU: Evaluating Multilayer Objects for the Vertical 2nd-Order Emission Process and Apparatus for Applying Imperfections; from Semiconductor Lasers With Powder Particles to a Filamentary NASA Case No. LAR–14448–2–SB: 2nd-Order Gratings; Material; Multi-Layer Light-Weight Protective 39672 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

Coating and Method for amendment. The above documents are accident requirements is based on the Application; available for public inspection at the original design for fuel storage and NASA Case No. LAR–14240–1: Vacuum Commission’s Public Document Room, handling at the D. C. Cook Nuclear Holding Fixture for Fabricating the Gelman Building, 2120 L Street Plant, Units 1 and 2. The exemption was Piezoelectric Acoustic Sensors; NW., Washington, DC, and at the local granted with the original Unit 2 Special NASA Case No. LAR–14047–3: Method public document room located at the Nuclear Material (Part 70) license, but it and Apparatus for Three- Osterhout Free Library, Reference expired with the issuance of the Part 50 Dimensional Braiding; Department, 71 South Franklin Street, license when the exemption was NASA Case No. LAR–13950–2: IBM Wilkes-Barre, PA 18701. inadvertently not included in that Printer Port Interface; Dated at Rockville, Maryland, this 24th day license. Therefore, the exemption is NASA Case No. LAR–13922–1: of July 1996. needed to clearly define the design of Apparatus for Use in Determining For the Nuclear Regulatory Commission. the plant as evaluated and approved for Surface Conductivity at Microwave licensing. Chester Posluny, Frequencies; NASA Case No. LAR–13890–1: Senior Project Manager, Project Directorate Environmental Impacts of the Proposed Capacitive Acoustic Wave Detector I–2, Division of Reactor Projects—I/II, Office Action of Nuclear Reactor Regulation. and Method of Making Same; The NRC staff has completed its [FR Doc. 96–19320 Filed 7–29–96; 8:45 am] Dated: July 22, 1996. evaluation of the proposed action and BILLING CODE 7590±01±P concludes that there is no significant Edward A. Frankle, environmental impact if the exemption General Counsel. [Docket Nos. 50±315 and 50±316] is granted. Inadvertent or accidental [FR Doc. 96–19338 Filed 7–29–96; 8:45 am] criticality will be precluded through BILLING CODE 7510±01±M Indiana Michigan Power Company; compliance with the Cook Technical Donald C. Cook Nuclear Plant, Unit Specifications, the geometric spacing of Nos. 1 and 2 Environmental fuel assemblies in the new fuel storage NUCLEAR REGULATORY Assessment and Finding of No facility and spent fuel storage pool, and COMMISSION Significant Impact administrative controls imposed on fuel [Docket Nos. 50±387 and 50±388] handling procedures. Technical The U.S. Nuclear Regulatory specification controls include reactivity Commission (the Commission) is requirements (e.g., shutdown margins, Pennsylvania Power and Light considering issuance of an exemption Company; Notice of Partial Withdrawal limits on control rod movement), from certain requirements of 10 CFR instrumentation requirements (e.g., of Application for Amendment to 70.24 for Facility Operating License Facility Operating Licenses power and radiation monitors), and Nos. DPR–58 and DPR–74, issued to controls on refueling operations (e.g., The U.S. Nuclear Regulatory Indiana Michigan Power Company, (the refueling boron concentration and Commission (the Commission) has licensee), for operation of the D. C. Cook source range monitor requirements.) granted the request of Pennsylvania Nuclear Plant, Units 1 and 2, located in Geometrically, the spent fuel pool is Power and Light Company (the licensee) Berrien County, Michigan. designed to store the fuel in an array to withdraw a portion of its application Environmental Assessment that precludes criticality. Existing dated April 5, 1994, as supplemented on technical specifications require the October 20, 1995, for proposed Identification of the Proposed Action effective neutron multiplication factor, amendment to Facility Operating The proposed action would exempt Keff, to be maintained less than or equal License Nos. NPF–14 and NPF–22 for the licensee from the requirements of 10 to 0.95. The new fuel vault has also the Susquehanna Steam Electric Station, CFR 70.24, which requires a monitoring been analyzed to maintain keff less than Units 1 and 2, respectively, located in system that will energize clearly audible or equal to 0.95, including uncertainties, Luzerne County, Pennsylvania. alarms if accidental criticality occurs in under full water density flooded The portion of the proposed each area in which special nuclear conditions and less than or equal to 0.98 amendment which has been withdrawn material is handled, used, or stored. The under optimum moderation conditions. would have revised the units’ technical proposed action would also exempt the In summary, the training provided to specifications by removing the specified licensee from the requirements of 10 all personnel involved in fuel handling frequency for Susquehanna Review CFR 70.24(a)(3) to maintain emergency operations, the design of the fuel Committee audits of the fire protection procedures for each area in which this handling equipment, the administrative program at the site and would have had licensed special nuclear material is controls, the technical specifications on them listed in the Final Safety Analysis handled, used, or stored to ensure that new and spent fuel handling and Report instead. all personnel withdraw to an area of storage, and the design of the new and The Commission had previously safety upon the sounding of the alarm spent fuel storage racks preclude issued a Notice of Consideration of and to conduct drills and designate inadvertent or accidental criticality. In Issuance of Amendment published in responsible individuals for such accordance with the NRC’s Regulatory the Federal Register on May 25, 1994 emergency procedures. Position in Regulatory Guide 8.12, (59 FR 27061). However, by letter dated This environmental assessment has Revision 1, ‘‘Criticality Accident Alarm July 5, 1996, the licensee withdrew the been prepared to address potential Systems,’’ dated January 1981, an above portion of the proposed change. environmental issues related to the exemption from 10 CFR 70.24 is For further details with respect to this licensee’s application of April 8, 1996. appropriate. action, see the application for The proposed exemption will not amendment dated April 5, 1994, a The Need for the Proposed Action affect radiological plant effluents nor supplemental letter dated October 20, Power reactor license applicants are cause any significant occupational 1995, and the licensee’s letter dated July evaluated for the safe handling, use, and exposures. Only a small amount, if any, 5, 1996, which withdrew the above storage of special nuclear materials. The radioactive waste is generated during portion of the application for license proposed exemption from criticality the receipt and handling of new fuel Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39673

(e.g., smear papers or contaminated prepare an environmental impact Week of August 12—Tentative packaging material). The amount of statement for the proposed action. There are no meetings scheduled for the waste would not be changed by the For further details with respect to the Week of August 12. exemption. proposed action, see the licensee’s letter Week of August 19—Tentative The change will not increase the dated April 8, 1996, which is available There are no meetings scheduled for the probability or consequences of for public inspection at the Week of August 19. accidents, no changes are being made in Commission’s Public Document Room, The schedule for Commission the types or amounts of any effluents The Gelman Building, 2120 L Street, meetings is subject to change on short that may be released offsite, and there NW., Washington, DC, and at the local notice. To verify the status of meetings is no significant increase in the public document room located at the call (Recording)—(301) 415–1292. allowable individual or cumulative Maud Preston Palenske Memorial CONTACT PERSON FOR MORE INFORMATION: occupational radiation exposure. Library, 500 Market Street, St. Joseph, Bill Hill (301) 415–1661. Accordingly, the Commission concludes Michigan 49085. The NRC Commission Meeting Schedule that there are no significant radiological can be found on the Internet at: http:// Dated at Rockville, Maryland, this 24th day www.nrc.gov/SECY/smj/schedule.htm. environmental impacts associated with of July 1996. the proposed action. This notice is distributed by mail to several With regard to potential For the Nuclear Regulatory Commission. hundred subscribers: if you no longer wish nonradiological impacts, the proposed John B. Hickman, to receive it, or would like to be added to it, action does involve features located Project Manager, Project Directorate III–1, please contact the Office of the Secretary, Attn: Operations Branch, Washington, D.C. entirely within the restricted area as Division of Reactor Projects—III/IV, Office of Nuclear Reactor Regulation. 20555 (301–415–1963). defined in 10 CFR Part 20. It does not In addition, distribution of this meeting affect nonradiological plant effluents [FR Doc. 96–19319 Filed 7–29–96; 8:45 am] notice over the internet system is available. and has no other environmental impact. BILLING CODE 7590±01±P If you are interested in receiving this Accordingly, the Commission concludes Commission meeting schedule electronically, that there are no significant please send an electronic message to nonradiological environmental impacts Sunshine Act Meeting [email protected] or dkwnrc.gov. associated with the proposed action. Dated: July 27, 1996. AGENCY HOLDING THE MEETING: Nuclear William M. Hill, Jr., Alternatives to the Proposed Action Regulatory Commission. SECY Tracking Officer, Office of the Since the Commission has concluded DATE: Weeks of July 29, August 5, 12, Secretary. there is no measurable environmental and 19, 1996. [FR Doc. 96–19494 Filed 7–26–96; 2:19 pm] BILLING CODE 7590±01±M impact associated with the proposed PLACE: Commissioners’ Conference action, any alternatives with equal or Room, 11555 Rockville Pike, Rockville, greater environmental impact need not Maryland. be evaluated. As an alternative to the [Docket No.: 040±00235] STATUS: Public and Closed. proposed action, the NRC staff considered denial of the proposed MATTERS TO BE CONSIDERED: Notice of Removal of the Frome Investment Company (Brooks & action. Denial of the application would Week of July 29 result in no change in current Perkins Corporation) Site From the environmental impacts. The Monday, July 29 Site Decommissioning Management environmental impacts of the proposed 10:00 a.m. Plan Briefing on Uranium Recovery Program action and the alternative action are AGENCY: Nuclear Regulatory similar. (Public Meeting) (Contact: Joe Holonich, 301–415–6643) Commission. Alternative Use of Resources SUMMARY: This notice is to inform the Tuesday, July 30 This action does not involve the use public that the U. S. Nuclear Regulatory 10:00 a.m. Commission (the Commission) is of any resources not previously Briefing by Nuclear Waste Technical considered in the Final Environmental removing the Frome Investment Review Board (Public Meeting) Company (Brooks & Perkins Corporation Statement for D.C. Cook, Units 1 and 2, 11:30 a.m. dated August 1973. Affirmation Session (Public Meeting) (if (BP)) site in Detroit, Michigan, from the needed) Site Decommissioning Management Agencies and Persons Consulted 2:00 p.m. Plan (SDMP). BP used thorium at this In accordance with its stated policy, Briefing on Status of Staff Actions on site from 1957 through the late 1960s on July 8, 1996, the NRC staff consulted Industry Restructuring and Deregulation under license from the Atomic Energy with the Michigan State official, Dennis (Public Meeting) Commission. BP requested and received Hahn, of the Michigan Department of (Contact: Dave Mathews, 301–415–1282) license termination in 1971. More recent Public Health, Nuclear Facilities and Wednesday, July 31 surveys at the site revealed increased Environmental Monitoring, regarding 2:00 p.m. radiation levels in the soil outside the the environmental impact of the Briefing on EEO Program (Public Meeting) garage/warehouse. Analysis on soil proposed action. The State official had (Contact: Ed Tucker, 301–415–7382) samples indicate thorium no comments. concentrations approaching but not Thursday, August 1 exceeding NRC unrestricted release Finding of No Significant Impact 3:00 p.m. limits. However, a fragment of Based upon the environmental Briefing on Spent Fuel Pool Cooling Issues magnesium thorium sheet metal found assessment, the Commission concludes (Public Meeting) at the site required proper transfer and (Contact: George Hubbard, 301–415–2870) that the proposed action will not have disposal. This fragment was removed a significant effect on the quality of the Week of August 5—Tentative from Frome Investment Company human environment. Accordingly, the There are no meetings scheduled for the property on February 16, 1996 and Commission has determined not to Week of August 5. disposed of at the Barnwell, South 39674 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

Carolina, low-level radioactive waste received on or before that date result in collecting the information; that is, to disposal site. a contrary determination. facilitate the resolution of an EEO Based on (1) remedial actions taken ADDRESSES: Written comments on this complaint. Because the disclosure by Frome Investment Company, and (2) proposal should be mailed or delivered allowed by this routine use will enable the results of NRC Region III surveys, to Payroll Accounting and Records, the Postal Service to expedite the Commission concludes that United States Postal Service, 475 processing of EEO complaints, it will decommissioning activities are L’Enfant Plaza SW., Room 8650, ensure equal employment opportunity complete and the site is suitable for Washington, DC 20260–5243. Copies of for all persons in accordance with unrestricted use. all written comments will be available EEOC’s regulations found in 29 CFR The SDMP describes four criteria that at the above address for public part 1614. make a site eligible for removal from the inspection and photocopying between 8 All records within Privacy Act system SDMP list, including (1) termination of a.m. and 4:45 p.m., Monday through USPS 030.010 continue to be kept in a a license after successful remediation, Friday. secured environment, with automated (2) completion of remediation of an FOR FURTHER INFORMATION CONTACT: data processing (ADP) physical and inactive area and modification of the Rubenia Carter, (202) 268–4872. administrative security and technical active license to reflect the remediation, software applied to data on computer SUPPLEMENTARY INFORMATION: Privacy (3) completion of remediation at an media. Paper records are kept in a Act system of records USPS 030.010 unlicensed site, or (4) transferral of secured area and are only made contains records that relate to complaint regulatory jurisdiction for remediation. available on an official need-to-know processing activities under the Equal The Frome Investment Company site basis. Mediators of an entity under Employment Opportunity Commission has satisfied the third criterion because contract with the Postal Service who (EEOC) regulations. The editorial the site owner has successfully maintain data collected by the Postal modifications provide clarity to the remediated the contaminated portion of Service are subject to the Privacy Act in categories of records, purpose(s), and the site. Consequently, the NRC staff accordance with subsection (m) and are storage sections of the system intends to remove the Frome Investment required to apply appropriate description. The changes to those Company site in Detroit, Michigan, from protections subject to the audit and sections do not expand or otherwise the SDMP. inspection of the Postal Inspection alter the character or use of information Removal from the SDMP will be Service. In view of these factors, the reopened only if additional contained in the system. The Postal Service is proposing to use Postal Service has determined that this contamination, or noncompliance with system amendment is a matter of remediation commitments is found, mediators to resolve complaints at the precomplaint stage. The mediator will practice and procedure that will not indicating a significant threat to public substantially affect the rights or health and safety. serve as a bridge between employees and management, attempt to facilitate obligations of private parties. Pursuant to 5 U.S.C. 552a(a)(e)(11), Dated at Rockville, Maryland, this 24th day an amicable solution to employee of July 1996. interested persons are invited to submit problems, and inform employees of written data, views, or arguments on the For the Nuclear Regulatory Commission. their right to file a formal complaint proposed part of this notice. A report of Michael F. Weber, with the EEO appeals review specialist the proposed system changes has been Chief, Low-Level Waste and Decommissioning when attempts at informal resolution sent to Congress and to the Office of Projects Branch, Division of Waste fail. The use of a mediator at the Management and Budget for their Management, Office of Nuclear Material precomplaint stage will decrease the Safety and Safeguards. evaluation. number of formal EEO complaints. The USPS Privacy Act system USPS [FR Doc. 96–19318 Filed 7–29–96; 8:45 am] Postal Service plans to use postal BILLING CODE 7590±01±P 030.010 was last published in its employees (ad hoc), employees of other entirety in the Federal Register on federal agencies, and employees of a October 26, 1989 (54 FR 43663–43664) contractor as mediators. The POSTAL SERVICE and amended in the Federal Register on effectiveness of the mediators will be October 11, 1990 (55 FR 41399). determined by the number of Privacy Act of 1974; System of complaints handled and the outcome of USPS 030.010 Records each case resolved at the precomplaint SYSTEM NAME: AGENCY: Postal Service. stage. To track the success of each Equal Employment Opportunity— ACTION: Notice of revisions to an mediator, the Postal Service will existing system of records. maintain and retrieve the following EEO Discrimination Complaint Files, information about each mediator: 030.010. SUMMARY: This document publishes Number of cases mediated, dates SYSTEM LOCATION: notice of modifications to Privacy Act available, and results of each mediation. [CHANGE TO READ] ‘‘EEO system of records USPS 030.010, The use of mediators and the need to Personnel Records—Equal Employment Compliance & Appeals, Labor Relations, maintain information about mediators Headquarters; EEO Compliance and Opportunity—EEO Discrimination require us to expand the categories of Complaint Files. The proposed Appeals Processing Centers, area offices; individuals covered by the system and districts; and contractor sites.’’ modifications expand the system also require us to add a routine use to location and categories of individuals, this system. CATEGORIES OF INDIVIDUALS COVERED BY THE add a routine use, and make editorial The proposed routine use will permit SYSTEM: revisions that clarify the categories of disclosure of information to an [CHANGE TO READ] ‘‘Current and records, purpose(s), and storage sections employee of another federal agency and former postal employees, applicants for of this notice. to a contractor serving as a mediator to positions within the Postal Service, DATES: This proposal will become resolve EEO complaints. third-party complainants, and mediators effective without further notice on The proposed routine use is (postal employees, other federal agency September 9, 1996, unless comments compatible with the purpose for employees and contract employees).’’ Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39675

CATEGORIES OF RECORDS COVERED BY THE resolution are maintained in an Hearing requests should state the nature SYSTEM: electronic database.’’ of the requestor’s interest, the reason for [CHANGE TO READ] ‘‘Records may * * * * * the request, and the issues contested. contain names, work locations, dates, Stanley F. Mires, Persons may request notification of a hearing by writing to the Secretary of Social Security numbers, the number of Chief Counsel, Legislative. the Commission. complaints and the resolution of [FR Doc. 96–19262 Filed 7–29–96; 8:45 am] ADDRESSES: Secretary, Securities and complaints mediated, and other BILLING CODE 7710±12±P information as contained on affidavits, Exchange Commission, 450 5th Street, N.W., Washington, D.C. 20549. interview reports, investigative forms, Applicants, c/o Ellen Jane Abromson, counselor reports, exhibits, withdrawal SECURITIES AND EXCHANGE Acacia National Life Insurance COMMISSION notices, settlement agreements, briefs, Company, 51 Louisiana Avenue, N.W., appeals, copies of decisions, records of [Rel. No. IC±22092; No. 812±10158] Washington, D.C. 20001. hearings and meetings, and other FOR FURTHER INFORMATION CONTACT: records related to complaints.’’ Acacia National Life Insurance Pamela K. Ellis, Senior Counsel, or Company, et al. Wendy Friedlander, Deputy Chief, PURPOSE(S): July 23, 1996. Office of Insurance Products (Division [CHANGE TO READ] ‘‘Used by EEO AGENCY: Securities and Exchange of Investment Management), at (202) officers and the Equal Employment Commission (‘‘SEC’’ or ‘‘Commission’’). 942–0670. Opportunity Commission to adjudicate ACTION: Notice of Application for SUPPLEMENTARY INFORMATION: The complaints of alleged discrimination Exemptions from the Investment following is a summary of the and to evaluate the effectiveness of the Company Act of 1940 (‘‘1940 Act’’). application; the complete application is EEO program. Also used by Human available for a fee from the Public Resources personnel to administer APPLICANTS: Acacia National Life Reference Branch of the Commission. Insurance Company (‘‘Acacia’’), Acacia voluntary alternative dispute resolution Applicants’ Representations programs.’’ National Variable Annuity Separate Account II (‘‘Separate Account’’) and 1. Acacia is a stock life insurance ROUTINE USES OF RECORDS MAINTAINED IN THE The Advisors Group, Inc. (‘‘TAG’’). company incorporated in Virginia and SYSTEM, INCLUDING CATEGORIES OF USERS AND RELEVANT 1940 ACT SECTIONS: Order licensed to do business in 46 states and THE PURPOSES OF SUCH USES: requested under Section 6(c) of the 1940 the District of Columbia. Acacia is a wholly owned subsidiary of Acacia General routine use statements a, b, c, Act granting exemptions from Sections 26(a)(2) and 27(c)(2) thereof. Mutual Life Insurance Company d, e, f, g, h, j, k, l, and m listed in the (‘‘Acacia Mutual’’). SUMMARY OF APPLICATION: prefatory statement at the beginning of Applicants 2. Separate Account is a separate the Postal Service’s published system seek exemptions from the 1940 Act to account established by Acacia in notices apply to this system. Other the extent necessary to permit the connection with offering the Contracts. routine uses are as follows: deduction of mortality and expense risk Separate Account currently has fourteen charges from the assets of: (a) the sub-accounts (‘‘Sub-Accounts’’), each of l. [CHANGE TO READ] ‘‘Information Separate Account in connection with contained in this system of records may which invests solely in shares of a the offering of certain variable annuity corresponding portfolio (‘‘Portfolio’’) of be disclosed to an authorized contracts (‘‘Contracts’’); and (b) any investigator appointed by the Equal one of several open-end, registered other separate account (‘‘Future investment companies (‘‘Funds’’). Each Employment Opportunity Commission, Account’’) established in the future by upon his/her request, when that of the Portfolios has a different Acacia in connection with the offering investment objective. investigator is properly engaged in the of other variable annuity contracts Separate Account is registered as a investigation of a formal complaint of (‘‘Future Contracts’’) which are similar unit investment trust under the 1940 discrimination filed against the U.S. in all material respects to the Contracts. Act, and interests in the Contracts are Postal Service under 29 CFR part 1614 Exemptions also are requested for any registered under the Securities Act of and the contents of the requested other broker-dealer (‘‘Future 1933 (‘‘1933 Act’’). The Future Accounts records are needed by the investigator in Underwriter’’) who may, in the future, will be registered under the 1940 Act as the performance of his/her duty to act as principal underwriter of the unit investment trusts, and interests in investigate a discrimination issue Contracts or Future Contracts. the Future Contracts will be registered involved in the complaint.’’ [Add: FILING DATE: The application was filed under the 1933 Act. Routine Use 2] on May 16, 1996, and amended on June 3. TAG is the principal underwriter ‘‘2. Information may be disclosed to a 27, 1996. and distributor of the Contracts. TAG is mediator retained by the Postal Service HEARING OR NOTIFICATION OF HEARING: An registered with the Commission as a when needed to resolve an EEO order granting the application will be broker-dealer under the Securities complaint at the precomplaint stage.’’ issued unless the commission orders a Exchange Act of 1934, as amended hearing. Interested persons may request (‘‘1934 Act’’) and is a member of the a hearing by writing to the Secretary of National Association of Securities STORAGE: the Commission and serving Applicants Dealers, Inc. (‘‘NASD’’). TAG, an with a copy of the request, personally or indirect wholly owned subsidiary of [CHANGE TO READ] ‘‘Paper case by mail. Hearing requests should be Acacia Mutual, is an affiliate of Acacia. files. Status information required by the received by the Commission by 5:30 Future Underwriters will be registered Equal Employment Opportunity p.m. on August 19, 1996, and should be under the 1934 Act as broker-dealers Commission is maintained on ADP accompanied by proof of service on and members of the NASD. records. Records of alternative dispute Applicants in the form of an affidavit or, 4. The Contracts are variable annuity for lawyers, a certificate of service. contracts issued by Acacia and are 39676 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices offered for purchase on a non-qualified a. Surrender Charge. No sales charge charge is guaranteed not to exceed tax basis (‘‘Non-Qualified Contracts’’) or currently is deducted from premium 1.25% for the life of the Contracts and for use in connection with retirement payments. A Surrender Charge also is guaranteed to decrease by 0.5% plans qualifying for favorable federal (‘‘CDSC’’) may be imposed as a on each Contract anniversary beginning income tax treatment (‘‘Qualified percentage of premium payments being in year 16 until it reaches an annual Contracts’’). Net premium payments withdrawn if the Contract is effective rate of .50% at the end of year may be allocated among the Sub- surrendered or an excess partial 30. This charge will be deducted after Accounts and Acacia’s general account withdrawal is taken within five years the Maturity Date. This charge may be (‘‘Fixed Account’’), subject to certain from the date Acacia receives each a source of profit for Acacia and the restrictions. The value of the Contract premium payment. The amount of the excess may be used for, among other (‘‘Account Value’’) is the total of the CDSC depends upon the number of things, the payment of distribution value held in both the Sub-Accounts complete years that have elapsed since expenses. and the Fixed Account. The Account the premium payment being withdrawn Applicants assert that the mortality Value allocated to the Sub-Accounts was made. In calculating the CDSC, and expense risk charge is a reasonable will vary with the investment Acacia treats premium payments as charge deducted to compensate Acacia performance of the Portfolios selected being withdrawn on a first-in first-out for bearing certain mortality and and may be transferred among one or basis, and as being withdrawn before expense risks under the Contracts, more of the other Sub-Accounts or to earnings. The CDSC is determined by including: (i) The risk that annuitants the Fixed Account at any time without multiplying each premium payment under the Contracts will live longer than charge. included in the withdrawal by the CDSC has been anticipated in setting the 5. The Contracts will pay a death Rate applicable to the year in which the annuity rates guaranteed in the benefit to a designated beneficiary if the premium payment was received, as Contracts; (ii) the risk that the death Contract owner dies prior to the follows: benefit will be greater than the Account maturity date. The death benefit is Value; and (iii) the risk that CDSC charge (as a % administrative expenses will exceed the guaranteed not to be less than the of the premium pay- Completed contract greater of the Account Value or the anniversaries since charges guaranteed for the Contracts. ment being with- d. Administrative Expense Charge. A cumulative premium payments made drawn) receipt of premium monthly fee is deducted at an effective less cumulative withdrawals, including annual rate of 0.10% of the average any applicable surrender charges. For 8 ...... 0±2 daily net assets of each Sub-Account to Contract owners under age 75, the death 6 ...... 3 4 ...... 4 partially compensate Acacia for certain benefit is guaranteed not to be less than 0 ...... 5 or more. expenses incurred in administering the the ‘‘Minimum Guaranteed Death Contract and the Separate Account Benefit,’’ which initially is the greater of If the Surrender Value is withdrawn (‘‘Expense Charge’’). The Expense the Account Value or cumulative or applied under an Annuity Payment Charge is guaranteed for the life of the premium payments made, less Option, the CDSC will apply to all Contract and may not be increased. The cumulative withdrawals on the fifth premium payments not previously fee will be deducted after the Maturity Contract anniversary, and is re- assessed a CDSC. The CDSC may be Date. Applicants represent that the calculated and may be increased (but waived under certain circumstances Expense Charge is deducted in reliance not decreased) every five years from the where the Contract owner receives on Rule 26a–1 under the 1940 Act and fifth Contract anniversary through age qualified extended medical care; is not greater than the average expected 75. however, no additional premium cost of the bookkeeping and other 6. A Contract may be surrendered payments will be accepted after this administrative services to be provided prior to the maturity date for its waiver has been exercised. over the life of the Contract. Acacia does Surrender Value (‘‘Surrender Value’’), b. Taxes. No charge currently is not expect or intend to earn a profit which is equal to the Account Value imposed for federal, state or local from this charge. less the Annual Policy Fee and any income taxes attributable to the Separate e. Annual Contract Fee. An annual applicable Surrender Charges and Account. Acacia may make such a charge of $42 (‘‘Annual Fee’’) is premium or other taxes. All or a portion charge in the future, subject to necessary deducted to partially compensate of the current Surrender Value may be regulatory approvals. A charge for any Acacia for certain expenses incurred in withdrawn prior to the earlier of the premium taxes will be deducted when administering the Contract. The date of death of the Contract owner or such taxes are incurred, either when a deduction will be made from the the maturity date. No Surrender Charge premium payment is accepted, Account Account Value on each Contract is imposed on earnings in all Sub- Value is withdrawn or surrendered, or anniversary prior to the Maturity Date in Accounts and the Fixes Account. In Annuity Payments commence. Premium the same proportion that the values addition, up to 10% of the Account taxes may range up to 3.5% of purchase attributable to the Sub-Accounts bear to Value (as of the last Contract payments. the total Account Value. The charge also anniversary), plus 10% of (a) deposits c. Mortality and Expense Risk will be assessed on the Maturity Date since the last Contract anniversary less Charges. Acacia imposes charges as and upon full surrender. The Annual (b) withdrawals since the last Contract compensation for bearing certain Fee is guaranteed not to increase during anniversary (‘‘Free Withdrawal mortality and expense risks under the the life of the Contract and may be Amount’’), also may be withdrawn free Contracts. A monthly charge will be waived for Contracts with Account of Surrender Charges. deducted at an effective annual rate of Value in excess of $50,000. Applicants 7. The first annuity payment will be up to 1.25% of the average daily net represent that the Annual Fee is made as of the maturity date selected by assets of each Sub-Account. Of the deducted in reliance on Rule 26a–1 the Contract Owner. Only fixed annuity 1.25% mortality and expense risk under the 1940 Act and is not greater payment options are available under the charge, approximately 1.0% is allocable than the average expected cost of the Contract. to mortality risks and 0.25% to expense bookkeeping and other administrative 8. Contract Fees and Charges. risks. The mortality and expense risk services to be provided over the life of Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39677 the Contract. Acacia does not expect or issues addressed in this application. proposed distribution financing intend to earn a profit from this charge. Applicants assert that the delay and arrangements will benefit the Separate expense involved would impair Account and the Contract owners. Applicants’ Legal Analysis Acacia’s ability to take advantage Acacia will keep at its administrative 1. Section 6(c) of the 1940 Act effectively of business opportunities as offices and make available to the authorizes the Commission to exempt they arise and would disadvantage Commission, upon request, a any person, security or transaction, or investors as a result of Acacia’s memorandum setting forth the basis for any class or classes of persons, increased overhead expenses. this representation. securities or transactions, from the 5. Sections 26(a)(2)(C) and 27(c)(2) of 9. Applicants represent that Separate provisions of the 1940 Act and the rules the 1940 Act, in relevant part, prohibit Account and Future Accounts will thereunder, if and to the extent that a registered unit investment trust, its invest only in management investment such exemption is necessary or depositor or principal underwriter, from companies which undertake, in the appropriate in the public interest and selling periodic payment plan event any such company adopts a plan consistent with the protection of certificates unless the proceeds of all Rule 12b–1 to finance distribution investors and the purposes fairly payments, other than sales loads, are expenses, to have a board of directors, intended by the policy and provisions of deposited with a qualified bank and a majority of whom are not interested the 1940 Act. held under arrangements which prohibit persons of any such investment 2. Applicants submit that their any payment to the depositor or company, as defined in the 1940 Act, request for an order that applies to principal underwriter except a formulate and approve the plan. Future Contracts and Future Accounts is reasonable fee, as the Commission may appropriate in the public interest and prescribe, for performing bookkeeping Conclusion consistent with the protection of and other administrative duties Applicants assert that for the reasons investors and purposes fairly intended normally performed by the bank itself. and based upon the facts set forth above, by the policy and provisions of the 1940 6. Applicants submit that the the requested exemptions from Sections Act. Applicants further submit that the mortality and expenses risk charges are 26(a)(2)(C) and 27(c)(2) of the 1940 Act terms of the relief requested are reasonable and proper insurance to deduct a mortality and expense risk consistent with the standards charges that are deducted to compensate charge under the Contracts and Future enumerated in Section 6(c) of the 1940 Acacia for bearing certain mortality and Contracts are necessary and appropriate Act and with existing precedent. expenses risks under the Contracts and in the public interest and consistent Without the requested relief, Acacia Future Contracts. In return for these with the protection of investors and the would have to request and obtain charges, Acacia bears the risk that: (i) policies and provisions of the 1940 Act. separately exemptive relief for each new Annuitants under the Contracts as a Future Account established and each For the Commission, by the Division of class will live longer than has been Investment Management, pursuant to new class of Future Contract issued. anticipated in setting the annuity rates delegated authority. Applicants represent that such guaranteed in the Contracts and Future Margaret H. McFarland, additional requests for exemptive relief Contracts; (ii) the death benefit will be would present no issues under the 1940 greater than the Contract value; and (iii) Deputy Secretary. Act that have not already been administrative expenses will exceed the [FR Doc. 96–19251 Filed 7–29–96; 8:45 am] addressed in this application. charges guaranteed for such Contracts. BILLING CODE 8010±01±M 3. Applicants also submit that the 7. Applicants represent that the terms of the relief requested with mortality and expense risk charge is [Rel. No. IC±22089; File No. 812±9946] respect to the offering of the Contracts within the range of industry practice for and Future Contracts through TAG or comparable variable annuity contracts. American Centurion Life Assurance any Future Underwriter are consistent This representation is based on Acacia’s Company, et al. with the standards of Section 6(c) of the analysis of publicly available 1940 Act. Applicants assert that, information about similar industry July 23, 1996. without the requested relief, they would contracts, taking into consideration such AGENCY: The Securities and Exchange have to request and obtain exemptive factors as current charge levels, charge Commission (the ‘‘Commission’’). relief in connection with any new level or annuity rate guarantees, the ACTION: Notice of application for an Future Underwriter that distributes the manner in which the charges are order under the Investment Company Contracts or Future Contracts. imposed and the markets in which the Act of 1940 (‘‘1940 Act’’). Applicants represent that such contracts have been offered. Applicants additional requests for exemptive relief state that, as long as there are Contracts APPLICANTS: American Centurion Life would present no issues under the 1940 outstanding, Acacia will maintain at its Assurance Company (‘‘ACL’’), ACL Act that have not already been administrative offices and make Variable Annuity Account 1 (‘‘ACL addressed in this application. available to the Commission, upon Account‘‘), and American Express 4. Applicants further state that the request, a memorandum setting forth in Service Corporation (‘‘AESC’’). requested relief is appropriate in the detail the products analyzed in the RELEVANT 1940 ACT SECTIONS: Order public interest because it would course of, and the methodology and requested under Section 6(c) of the 1940 promote competitiveness in the variable results of, its comparative survey. Act granting exemptions from Sections annuity contract market by eliminating 8. The mortality and expense risk 26(a)(2)(C) and 27(c)(2) of the 1940 Act. the need for Acacia to file redundant charge may be a source of profit for SUMMARY OF THE APPLICATION: exemptive applications, thereby Acacia. Applicants acknowledge that if Applicants seek an order under Section reducing its administrative expenses a profit is realized from this charge, all 6(c) of the 1940 Act granting exemptions and maximizing the efficient use of its or a portion of such profit may be from Sections 26(a)(2)(C) and 27(c)(2) to resources. Investors would not receive available to pay, among other things, the extent necessary to permit the any benefit or additional protection by distribution expenses not reimbursed by deduction of a mortality and expense requiring Acacia to seek exemptive the CDSC. Acacia has concluded that risk charge from the assets of the ACL relief repeatedly with respect to the there is a reasonable likelihood that the Account or other separate accounts 39678 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices established by ACL in the future (‘‘Other Financial Corporation, a Delaware to any one Subaccount is $100. ACL ACL Accounts’’) to support certain corporation that is a wholly-owned reserves the right to impose or change group variable annuity contracts and subsidiary of the American Express limits to the amount and frequency of related certificates (‘‘Existing Company. transfers. No fee currently is imposed Contracts’’) as well as other variable 2. The ACL Account was established for the first twelve transfers in a annuity contracts and any related on October 12, 1995 as a separate Certificate year, but ACL will charge $25 certificates that are substantially similar account under New York law. The ACL dollars for each transfer in excess of in all material respects to the Existing Account is registered under the 1940 twelve. Contracts (‘‘Future Contracts,’’ together Act as a unit investment trust and will 7. Applicants state that ACL will with the Existing Contracts, be used to fund the Contracts. The ACL assess an annual administrative charge ‘‘Contracts’’). Applicants request that Account is divided into thirteen of $30 for the Certificate on each such exemptive relief extend to any subaccounts (the ‘‘Subaccounts’’), each Certificate anniversary. ACL will waive broker-dealer other than AESC which of which will invest solely in shares of this charge for any Certificate year may serve in the future as principal a registered open-end management where the total purchase payments (less underwriter of the Contracts offered by investment company. partial surrenders) on the current ACL and made available through the 3. AESC, a wholly-owned subsidiary Certificate anniversary is $10,000 or ACL Account or Other ACL Accounts. of the American Express Travel Related more or if, during the Certificate year, a FILING DATES: The application was filed Services Company, which is a wholly- death benefit is payable or a Certificate on January 4, 1996 and amended on July owned subsidiary of the American is surrendered in full. The charge does 5, 1996. Express Company, is the principal not apply after retirement payments HEARING OR NOTIFICATION: An order underwriter of the ACL Account. AESC begin. The charge represents granting the application will be issued is registered under the Securities reimbursement for only the actual unless the Commission orders a hearing. Exchange Act of 1934 as a broker-dealer administrative costs expected to be Interested persons may request a and is a member of the National incurred over the life of the Certificate. hearing by writing to the Secretary of Association of Securities Dealers, Inc. Applicants state that ACL and the ACL 4. The Existing Contract is designed to the SEC and serving Applicants with a Account will rely on Rule 26a-1 under provide retirement payments and other copy of the request, personally or by the 1940 Act to deduct this charge. ACL benefits for persons covered under mail. Hearing requests should be reserves the right to increase the certain plans qualified for federal received by the SEC by 5:30 p.m. on administrative charge up to $50 if income tax advantages available under August 19, 1996, and should be warranted by the expenses incurred and the Internal Revenue Code of 1986, as to assess the administrative charge accompanied by proof of service on amended, and for persons desiring such Applicants in the form of an affidavit or, against all Certificates. benefits who do not qualify for such tax 8. To compensate ACL for assuming for lawyers, a certificate of service. advantages. The Existing Contract is a certain mortality and expense risks, Hearing requests should state the nature group deferred combination fixed/ ACL will deduct from the ACL Account of the requestor’s interest, the reason for variable annuity contract. Participation a daily mortality and expense risk the request, and the issues contested. in the Existing Contract will be charge equal, on an annual basis, to 1% Persons may request notification of a accounted for separately by the issuance of the average daily net assets of the hearing by writing to the Secretary of of a certificate (the ‘‘Certificate’’) Subaccounts of the ACL Account. the Commission. showing interest in the Existing Applicants state that approximately ADDRESS: Secretary, Securities and Contract. two-thirds of this charge is for the Exchange Commission, 450 Fifth Street, 5 The Existing Contract provides for, assumption of the mortality risk and N.W., Washington, D.C. 20549. among other things: (a) minimum initial one-third is for the assumption of the Applicants, Mary Ellyn Minenko, and subsequent purchase payments; (b) expense risk. This charge can not be Counsel, American Centurion Life allocation of purchase payments to one increased during the life of the Existing Assurance Company, IDS Tower 10, or more of the ACL Account’s Contract. Minneapolis, MN 55440. Subaccounts, or to ACL’s fixed account, 9. Applicants state that ACL assumes FOR FURTHER INFORMATION CONTACT: or both; (c) several annuity payment certain mortality risks by its contractual Mark C. Amorosi, Attorney, or Wendy options; (d) the ability to surrender all obligation to continue to make annuity Finck Friedlander, Deputy Chief, Office or part of the Certificate value held in payments for the life of the annuitant of Insurance Products (Division of one or more of the Subaccounts of the under annuity obligations which Investment Management), at (202) 942– ACL Account and the fixed account involve life contingencies. This assures 0670. without charge; and (e) payment of a each annuitant that neither the SUPPLEMENTARY INFORMATION: Following death benefit equal to the greater of the annuitant’s own longevity nor an is a summary of the application; the Certificate value or purchase payments, improvement in life expectancy complete application is available for a minus any partial surrenders, if the generally will have an adverse effect on fee from the Public Reference Branch of Certificate owner or annuitant dies (or, the annuity payments received under the SEC. for qualified Certificates, if the the Existing Contract. This relieves the annuitant dies) before annuity payments annuitant from the risk of outliving the Applicants’ Representations begin. amounts accumulated for retirement. 1. ACL, a stock life insurance 6. Certain fees and charges are Applicants state that the payment company organized in New York, is the assessed under the Existing Contracts. option tables contained in the Existing sponsor and depositor of the ACL Prior to the annuity start date, Contract are guaranteed for the life of Account. ACL is a wholly-owned Certificate owners may transfer all or the Existing Contract. ACL assumes subsidiary of IDS Life Insurance part of their Certificate value held in additional mortality and certain expense Company (‘‘IDS Life’’), a stock life one or more of the Subaccounts of the risks under the Existing Contract by its insurance company organized in ACL Account and fixed account to contractual obligation to pay a death Minnesota. IDS Life is a wholly-owned another one or more of the Subaccounts. benefit in a lump sum (or in the form subsidiary of American Express The minimum amount to be transferred of an annuity payment plan) upon the Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39679 death of the Certificate owner or the of the ACL Account or Other ACL Contract) will be within the range of annuitant prior to the annuity start date. Accounts that issue the Contracts. industry practice for comparable 10. Applicants state that ACL assumes Applicants also request that such relief contracts. an expense risk because the extend to certain other broker-dealers 7. Applicants acknowledge that, if a administrative charge may be other than AESC that may serve in the profit is realized from the mortality and insufficient to cover actual future as principal underwriter in expense risk charge under the Contracts, administrative expense. These include respect of the Contracts offered by ACL all or a portion of the profit may be the costs and expenses of: (a) Processing and make available through the ACL available to pay distribution expenses. purchase payments, retirement Account or Other ACL Accounts. Notwithstanding the foregoing, ACL has payments, surrenders and transfers; (b) 4. Applicants submit that the concluded that there is a reasonable furnishing conformation notices and requested relief to permit the deduction likelihood that the proposed periodic reports; (c) calculating of the 1% morality and expense risk distribution financing arrangement mortality and expense risk charges; (d) charge from the assets of the ACL being used in connection with the preparing voting materials and tax Account or Other ACL Accounts in Contracts will benefit the ACL Account reports; (e), updating registration connection with the issuance of Future or Other ACL Accounts and owners of statements; and (f) actuarial and other Contracts is appropriate in the public the Existing Contract or Future expenses. interest because it would promote Contracts and related Certificates. The 11. If the mortality and expense risk competitiveness in the variable annuity basis for such conclusion is set forth in charge is insufficient to cover the contract market by eliminating the need a memorandum which will be expenses and costs assumed, the loss for ADL to file redundant exemptive maintained by ACL at its service office will be borne by ACL. Conversely, if the applications, thereby reducing ACL’s and will be available to the Commission amount deducted proves more than administrative expenses and or its staff on request. sufficient, the excess will represent maximizing the efficient use of its 8. ACL represents that the ACL profit to ACL expects to profit from the resources. The delay and expense Account and Other ACL Accounts will mortality and expense risk charge. Any involved in repeatedly having to seek invest only in underlying mutual funds profit realized from this charge will be exemptive relief would impair ACL’s which, in the event they should adopt available to ACL for any proper ability effectively to take advantage of any plan pursuant to Rule 12b–1 under corporate purpose, including, among business opportunities as these the 1940 Act to finance distribution other things, payment of distribution opportunities arise. If ACL were expenses, would have such a plan expenses. required repeatedly to seek exemptive formulated and approved by a board of 12. Although no charges currently are relief with respect to the same issues directors, a majority of the members of made for premium taxes or other addressed in this application, investors which are not ‘‘interested persons’’ of federal, state or local taxes, ACL would not receive any benefit or such fund within the meaning of reserves the right to deduct such taxes additional protection thereby. Rather, Section 2(a)(19) of the 1940 Act. from the ACL Account in the future. Applicants assert that investors may be Conclusion disadvantaged as a result of ACL’s Applicant’s Legal Analysis increased overhead expenses. Therefore, Applicants submit that, for the 1. Section 6(c) of the 1940 Act Applicants maintain that the requested reasons stated in the application, the authorizes the Commission, by order exemptions are appropriate in the requested exemptions from Sections upon application, to conditionally or public interest and consistent with the 26(a)(2)(C) and 27(c)(2) of the 1940 Act unconditionally grant an exemption protection of investors and purposes to deduct the mortality and expense risk from any provision, rule or regulation of fairly intended by the policy and charge under the Contracts are the 1940 Act to the extent that the provisions of the 1940 Act. necessary and appropriate in the public exemption is necessary or appropriate 5. Applicants represent that the level interest and consistent with the in the public interest and consistent of the mortality and expense risk charge protection of investors and the purposes with the protection of investors and the under the Existing Contract is within fairly intended by the policies and purposes fairly intended by the policy the range of industry practice for provisions of the 1940 Act. and provisions of the 1940 Act. comparable variable annuity contracts. For the Commission, by the Division of 2. Sections 26(a)(2)(C) and 27(c)(2) of Applicants state that ACL has reviewed Investment Management, pursuant to the 1940 Act, in relevant part, prohibit publicly-available information about delegated authority. a registered unit investment trust, its other annuity products taking into Margaret H. McFarland, depositor or principal underwriter, from consideration such factors as current Deputy Secretary. selling periodic payment plan charge levels, charge guarantees, sales [FR Doc. 96–19252 Filed 7–29–96; 8:45 am] certificates unless the proceeds of all loads, surrender charges, availability of BILLING CODE 8010±01±M payments, other than sales load, are funds, investment options available deposited with a qualified bank and under annuity contracts and market held under arrangements which prohibit sector. Applicants state that ACL will [Rel. No. IC±22090; No. 812±10120] any payment to the depositor or maintain at its executive office, and Great American Reserve Insurance principal underwriter except a make available on request of the Company, et al. reasonable fee, as the Commission may Commission or its staff, a memorandum prescribe, for performing bookkeeping setting forth its analysis, including its July 23, 1996. and other administrative duties methodology and results. AGENCY: Securities and Exchange normally performed by the bank itself. 6. Applicants represent that, prior to Commission (‘‘Commission’’). 3. Applicants request an order under offering any Future Contracts, ACTION: Notice of Application for an Section 6(c) exempting them from Applicants will conclude that the Order pursuant to the Investment Sections 26(a)(2)(C) and 27(c)(2) of the mortality and expense risk charge under Company Act of 1940 (the ‘‘1940 Act’’). 1940 Act to the extent necessary to any such contracts (which cannot permit the deduction of the mortality exceed in amount the mortality and APPLICANTS: Great American Reserve and expense risk charge from the assets expense risk charge under the Existing Insurance Company (the ‘‘Company’’), 39680 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

Great American Reserve Variable SUPPLEMENTARY INFORMATION: Following withdrawals; or (b) the Contract value Annuity Account G (the ‘‘Separate is a summary of the application; the determined as of the end of the Account’’), and GARCO Equity Sales, complete application is available for a valuation period during which the Inc. (‘‘GES’’). fee from the Public Reference Branch of Company receives both due proof of RELEVANT 1940 ACT SECTIONS: Order the Commission death and an election for the payment method. If the death of the Owner requested pursuant to Section 6(c) of the Applicant’s Representations 1940 Act granting exemptions from the occurs after age 80, the death benefit provisions of Section 26(a)(2)(C) and 1. The Company, a stock life will be the Contract value determined as 27(c)(2) thereof. insurance company organized under the of the end of the valuation period laws of Texas, is an indirect wholly- during which the Company receives SUMMARY OF APPLICATION: Applicants owned subsidiary of Conseco, Inc. The both due proof of death and an election seek an order permitting the deduction Company is authorized to do business for the payment method. of a mortality and expense risk charge in 47 states and the District of 8. A premium tax charge, ranging from the assets of: (a) The Separate Columbia. from 0 to 3.5 percent of purchase Account in connection with the offer 2. The Separate Account, a segregated payments, may be deducted from the and sale of certain combined fixed and asset account of the Company, was purchase payments or Contract value variable annuity contracts and established on January 18, 1996. The when incurred, if the Owner lives in a certificates (‘‘Existing Contracts’’); (b) Separate Account is registered with the state or locality that levies premium the Separate Account in connection Commission pursuant to the 1940 Act as taxes. Currently, the Company deducts with the offer and sale of variable a unit investment trust. the charge for premium taxes from annuity contracts and certificates that 3. GES, an affiliate of the Company, Contract value at the time annuity are similar in all material respects to the will act as the principal underwriter in payments begin or from amounts that Existing Contracts (‘‘Future Contracts,’’ distributing the Existing Contracts. GES are withdrawn. together with Existing Contracts, the is registered as a broker-dealer pursuant 9. A fee (‘‘Transfer Fee’’) which is ‘‘Contracts’’); and (c) any other separate to the Securities Exchange Act of 1934 equal to the lesser of $25 or 2 percent account established in the future by the and is a member of the National of the amount transferred is imposed Company (‘‘Future Account’’) in Association of Securities Dealers, Inc. when an Owner exceeds the frequency connection with the offer and sale of 4. The Contracts are available to or number of free reallocation transfers Contracts. Exemptive relief also is individuals and groups in connection permitted under the Contracts. requested to the extent necessary to with retirement plans which may or Currently, there is no limit on the permit the offer and sale of Contracts for may not qualify for federal tax number of transfers permitted each which broker-dealers other than GES advantages available under the Internal Contract year during the accumulation (‘‘Future Underwriters’’) serve as Revenue Code. Certificates will be period, but only one transfer in a 30-day principal underwriters. issued to owners under group Contracts. period can be made free of the Transfer FILING DATE: The application was filed The minimum initial purchase payment Fee. Four transfers are currently on May 2, 1996. is $50,000 (except for Contracts that permitted each Contract year during the HEARING OR NOTIFICATION OF HEARING: An qualify for federal tax advantages, for annuity period; none of these four order granting the application will be which the minimum initial purchase transfers are subject to the Transfer Fee. issued unless the Commission orders a payment is $10,000). The minimum 10. A $30.00 charge is deducted on hearing. Interested persons may request subsequent purchase payment is $1,000, each Contract anniversary and on a hearing by writing to the Secretary of or, if the monthly automatic premium surrender of a Contract for expenses the Commission and serving Applicants check option is elected, $250. relating to the maintenance of the with a copy of the request, personally or 5. Purchase payments made under the Contracts (‘‘Contract Maintenance by mail. Hearing requests must be Contracts will be allocated to the Charge’’), which may be increased up to a maximum of $60.00 each Contract received by the Commission by 5:30 Separate Account or a market value year. No Contract Maintenance Charge p.m. on August 19, 1996, and must be adjustment account (‘‘MVA Account’’). is deducted if the Contract value of the accompanied by proof of service on The Separate Account is divided into Contract anniversary is at least $25,000. Applicants in the form of an affidavit or, subaccounts (‘‘Subaccounts’’), each of No Contract Maintenance Charge is for lawyers, a certificate of service. which invests in the shares of a deducted during the annuity period. Hearing requests should state the nature corresponding portfolio of an Applicants represent that the Contract of the writer’s interest, the reason for the underlying fund. 6. The Contracts provide for a series Maintenance Charge is at cost with no request, and the issues contested. of annuity payments beginning on the anticipation of profit. Person may request notification of a annuity date. The owner of a Contract 11. The Company deducts a charge at hearing by writing to the Secretary of (‘‘Owner’’) may select from several a current annual rate of .15 percent of the Commission. annuity payout options. Contract the average daily net asset value of each ADDRESSES: Secretary, Securities and owners may allocate purchase payments Subaccount (‘‘Administrative Charge’’). Exchange Commission 450 5th Street, or reallocate accumulation values or The Company may increase this charge N.W., Washington, D.C. 20549. annuity values by transfers among the to a maximum of .25 percent of the Applicants, c/o Lawrence W. Inlow, Subaccounts, the MVA Account or, average daily net asset value of each of Great American Reserve Insurance when and if available, a fixed account the Subaccounts. The Company will Company, 11825 North Pennsylvania which will be part of the general give Owners 90 days notice before Street, Carmel, Indiana 46032–4572. account of the Company. implementing any increase to this FOR FURTHER INFORMATION CONTACT: 7.The Contracts also provide for charge. This charge, together with the Kevin M. Kirchoff, Senior Counsel, or certain guaranteed death benefits during Contract Maintenance Charge, Wendy Friedlander, Deputy Chief, the accumulation period. Prior to the reimburses the Company for the Office of Insurance Products (Division Owner attaining age 80, the death expenses it incurs in the establishment of Investment Management), at (202) benefit will be the greater of: (a) the and maintenance of the Contracts and 942–0670. purchase payments, less any the Separate Account. Applicants Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39681 represent that the Administrative rules thereunder, if and to the extent by industry practice with respect to Charge is at cost with no anticipation of that such exemption is necessary or comparable annuity products. profit. appropriate in the public interest and Applicants represent that the Company 12. The Company assumes certain consistent with the protection of will maintain at its principal office, and mortality risks under the Contracts investors and the purposes fairly make available to the Commission upon because of its contractual obligations to intended by the policy and provisions of request, a memorandum setting forth in make annuity payments after the the 1940 Act. detail the methodology used in making annuity date regardless of how long all 2. Sections 26(a)(2)(C) and 27(c)(2) of these determinations. annuitants live. Further, the Company the 1940 Act, in relevant part, prohibit 6. The Company may recover bears a mortality risk in that it a registered unit investment trust and its distribution costs from the assets of its guarantees the annuity purchase rates depositor or principal underwriter from general account, which may include for the annuity options under the selling periodic payment plan that portion of the Mortality and Contracts. Also, the Company bears a certificates unless the proceeds of all Expense Charge which is profit to the mortality risk with respect to the death payments plan certificates unless the Company. The Company has concluded benefit. proceeds of all payments (other than that there is a reasonable likelihood that 13. The Company assumes an expense sales loads) are deposited with a the proposed distribution financing risk because the actual expenses it qualified bank as trustee or custodian arrangements will benefit the Separate incurs in administering the Contracts and held under arrangements which Account and the Owners. The basis for may exceed the amounts it recovers prohibit any payment to the depositor or that conclusion is set forth in a from assessing the Contract principal underwriter except a memorandum which will be maintained Maintenance Charge and the reasonable fee as the Commission may by the Company at its principal office Administrative Charge. prescribe, for performing bookkeeping available to the Commission upon 14. The Company requests exemptive and other administrative duties request. relief to allow the deduction of a charge normally performed by the bank itself. 7. Applicants represent that, prior to at a maximum annual rate of 1.25 3. Applicants request an exemption relying on any exemptive relief in percent of the average daily net asset from Sections 26(a)(2(C) and 27(c)(2) to connection with Future Contracts, value of the Subaccounts (‘‘Mortality the extent necessary to allow the Applicants will determine that there is and Expense Risk Charge’’) as Company to deduct the Mortality and a reasonable likelihood that the compensation for assuming the Expense Risk Charge from the assets of distribution financing arrangement will mortality and expense risks under the the Separate Account and from any benefit the Separate Account and its Contracts. Approximately .75 percent of Future Accounts in connection with the investors or the Future Account and its this 1.25 percent charge will be issuance of the Contracts and any allocable to mortality risks and .50 Future Contracts. Exemptive relief also investors. The Company represents that percents to expense risks. The Company is required to the extent necessary to it will maintain and make available to intends to initially assess a Mortality permit the offer and sale of Contracts for the Commission upon request a and Expense Risk Charge at an annual which Future Underwriters serve as the memorandum setting forth the basis of rate of 1.15 percent of the average daily principal underwriter. such determination. net asset value of the Subaccounts, of 4. Applicants assert that a Mortality 8. The Company further represents which .65 percent will be allocable to and Expense Risk Charge of 1.25 percent that the Separate Account and any mortality risks and .50 percent to is reasonable in relation to the risks Future Account will invest only in expense risks. If the Company increases assumed by the Company under the management investment companies the Mortality and Expense Risk Charge Contracts and within the range of which undertake, in the event they to its guaranteed maximum annual rate industry practice with respect to should adopt any plan pursuant to Rule of 1.25 percent, the Company will comparable annuity products. 12b–1 under the 1940 Act to finance provide Owners with 90 days notice of Applicants state that these distribution expenses, to have such plan this increase. determinations are based upon an formulated and approved by the 15. The Company will bear the loss if analysis of publicly available members of their board of directors, a the Mortality and Expense Risk Charge information about comparable products, majority of whom shall not be is insufficient to cover the actual costs and by talking into consideration such ‘‘interested persons’’ of such companies associated with its mortality and factors as guaranteed annuity purchase within the meaning of Section 2(a)(19) expense risks. Conversely, if the rates, death benefits current charge of the 1940 Act. amounts derived from the Mortality and levels and the existence of charge level 9. Applicants submit that their Expense Risk Charge are more than guarantees. The Company will maintain request for exemptive relief that applies sufficient, the excess will be a profit that at its principal office, available to the to Future Contracts, Future Accounts is added to the surplus of the Company Commission upon request, a and Future Underwriters is appropriate and which can be used for any lawful memorandum setting forth in detail the in the public interest because such relief purpose, including the payment of products analyzed in the course of, and will promote competitiveness in the distribution expenses. The Company the methodology and results of this variable annuity contract market by expects to profit from the Mortality and comparative analysis. eliminating their administrative Expense Risk Charge. 5. Applicants represent that, before expenses and maximizing the efficient relying on any exemptive relief in use of their resources. Applicants assert Applicants’ Legal Analysis connection with Future Contracts that the delay and expense involved in 1. Section 6(c) of the 1940 Act funded by the Separate Account or any having repeatedly to seek exemptive authorizes the Commission to Future Account, Applicants will relief would impair their ability to conditionally or unconditionally determine that any mortality and effectively take advantage of business exempt any person, security, or expense risk charges under such Future opportunities as such opportunities transaction, or any class or classes of Contracts will be reasonable in relation arise. Applicants also assert that if they persons, securities, or transactions, from to the risks assumed by the Company were required repeatedly to seek the provisions of the 1940 Act and the and reasonable in amount as determined exemptive relief with respect to the 39682 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices same issues, investors would not receive HEARING OR NOTIFICATION OF HEARING: An 5. The Existing Contracts provide for any benefit or additional protection. order granting the application will be the accumulation of contract values and issued unless the Commission orders a payment of annuity benefits on a fixed Conclusion hearing. Interested persons may request and/or variable basis. Purchase For the reasons summarized above, a hearing by writing to the Secretary of payments may be directed to the general Applicants represent that the the Commission and serving Applicants account of IDS Life pursuant to a fixed exemptions requested are necessary and with a copy of the request, personally or account option (the ‘‘Fixed Account’’), appropriate in the public interest and by mail. Hearing requests must be the Variable Account, or allocated consistent with the protection of received by the Commission by 5:30 between them. Existing Contracts may investors and the purposes fairly p.m. on August 19, 1996, and must be be purchased with either an initial intended by the policy and provisions of accompanied by proof of service on purchase payment, of at least $2,000 for the 1940 Act. Applicants, in the form of an affidavit nonqualified Contracts and $1,000 for For the Commission, by the Division of or, for lawyers, a certificate of service. qualified Contracts, or installment Investment Management, pursuant to Hearing requests should state the nature payments. Additional purchase delegated authority. of the writer’s interest, the reason for the payments may be made in accordance Margaret H. McFarland, request, and the issues contested. with certain requirements. Deputy Secretary. Persons may request notification of a 6. The Variable Account currently has [FR Doc. 96–19248 Filed 7–29–96; 8:45 am] hearing by writing to the Secretary of fourteen subaccounts (‘‘Subaccounts’’), the Commission. each of which will invest solely in the BILLING CODE 8010±01±M ADDRESSES: Secretary, Securities and shares of one of the corresponding funds Exchange Commission, 450 5th Street of a registered open-end management [Rel. No. IC±22088; No. 812±10144] N.W., Washington, D.C. 20549. investment company managed by IDS Applicants, c/o Mary Ellyn Minenko, Life Insurance Company (the ‘‘Funds’’). IDS Life Insurance Company of New Counsel, IDS Life Insurance Company of IDS Life may create additional York, et al. New York, IDS Tower 10, Minneapolis, subaccounts and/or variable accounts to invest in additional Funds as future July 23, 1996. Minnesota 55440. FOR FURTHER INFORMATION CONTACT: investment options. AGENCY: Securities and Exchange 7. Prior to the annuity date, the owner Kevin M. Kirchoff, Senior Counsel, or Commission (the ‘‘Commission’’). of an Existing Contract can, at any time, Wendy F. Friedlander, Deputy Chief, ACTION: transfer all or part of the Contract value Notice of application for an Office of Insurance Products (Division held in one or more of the Subaccounts order pursuant to the Investment of Investment Management), at (202) or the Fixed Account to another Company Act of 1940 (the ‘‘1940 Act’’). 942–0670. Subaccount or the Fixed Account. APPLICANTS: IDS Life Insurance SUPPLEMENTARY INFORMATION: The However, if an owner of an Existing Company of New York (‘‘IDS Life’’), IDS following is a summary of the Contract has made a transfer from the Life of New York Flexible Portfolio application; the complete application Fixed Account to a Subaccount, the Annuity Account (the ‘‘Variable may be obtained for a fee from the Contract owner may not transfer from Account’’), and American Express Public Reference Branch of the any Subaccount back to the Fixed Financial Advisors Inc. (‘‘Advisors’’). Commission. Account until the next Contract RELEVANT 1940 ACT SECTIONS: Order Applicants’ Representations anniversary. Once annuity payments requested pursuant to Section 6(c) of the begin, no transfers may be made to or 1. IDS Life is a stock life insurance 1940 Act granting exemptions from the from the Fixed Account, but transfers company which is organized under the provisions of Sections 26(a)(2)(C) and may be made once per Contract year laws of New York. IDS Life is a wholly- 27(c)(2) thereof. among the Subaccounts. owned subsidiary of IDS Life Insurance 8. The Existing Contracts provide that SUMMARY OF APPLICATION: Applicants Company, a stock insurance company seek an order permitting the deduction if the Contract owner or the annuitant organized under the laws of Minnesota, dies (or, for qualified annuities, if the of a mortality and expense risk charge which is a wholly-owned subsidiary of from the assets of (a) the Variable annuitant dies) before annuity payments American Express Financial begin, IDS Life will pay the beneficiary Account in connection with the offer Corporation. and sale of certain variable annuity a death benefit as follows: 2. Advisors, the principal underwriter (a) If death occurs before the 75th contracts (‘‘Existing Contracts’’); (b) the for the Variable Account, is registered as Variable Account in connection with birthday of the owner or the annuitant, a broker-dealer pursuant to the the beneficiary receives the greater of: the issuance of variable annuity Securities Exchange Act of 1934 (‘‘1934 contracts that are substantially similar (1) The Contract value, Act’’) and is a member of the National (2) The Contract value as of the most in all material respects to the Existing Association of Securities Dealers, Inc. recent sixth Contract anniversary, minus Contracts (‘‘Future Contracts,’’ together (‘‘NASD’’). any surrenders since that anniversary, with Existing Contracts, the 3. The Variable Account was or ‘‘Contracts’’); and (c) any other separate established on April 17, 1996, as a (3) Purchase payments, minus any account established in the future by IDS separate account pursuant to the laws of surrenders; or Life in connection with the issuance of New York. The Variable Account will be (b) If death occurs on or after the Contracts (‘‘Future Accounts’’). used to fund the Existing Contracts. owner’s or annuitant’s 75th birthday, Exemptive relief also is requested to the 4. The Existing Contracts are available the beneficiary receives the greater of: extent necessary to permit the offer and for purchase in connection with (1) The Contract value, or sale of Contracts for which certain retirement plans that qualify for federal (2) The Contract value as of the most broker-dealers other than Advisors serve tax advantages available pursuant to the recent sixth Contract anniversary, minus as the principal underwriter. Internal Revenue Code (‘‘qualified any surrenders since that anniversary. FILING DATE: The application was filed contracts’’) or for plans that do not so 9. IDS Life will assess an annual on May 14, 1996. qualify (‘‘non-qualified contracts’’). Contract administrative charge Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39683

(‘‘Administrative Charge’’) of $30 on contractual obligation to pay a death such reasonable amount as the each Contract anniversary or earlier benefit upon the death of the owner or Commission may prescribe, for when an Existing Contract is fully annuitant prior to the retirement date. performing bookkeeping and other surrendered. IDS Life currently waives 13. IDS Life assumes an expense risk administrative services normally the Administrative Charge for any because the Administrative Charge may performed by the bank itself. Contract year in which total purchase be insufficient to cover actual 3. Applicants request an order payments under a Contract, less any administrative expenses, which include pursuant to Section 6(c) of the 1940 Act payments surrendered, equal or exceed the costs and expenses of: processing exempting them from Sections $25,000 on the Contract anniversary. purchase payments, retirement 26(a)(2)(C) and 27(c)(2) of the 1940 Act However, IDS Life reserves the right to payments, surrenders and transfers; to the extent necessary to permit the assess the Administrative Charge against furnishing confirmation notices and deduction of the Mortality and Expense all Existing Contracts. The periodic reports; calculating mortality Risk Charge from the assets of the Administrative Charge reimburses IDS and expense risk charges; preparing Variable Account and any Future Life for the administrative costs voting materials and tax reports; Accounts in connection with the attributable to the Exist Contracts, and updating registration statements; and Contracts. Applicants also request does not apply after annuity payments actuarial and other expenses. exemptions to the extent necessary to begin. Applicants represent that they 14. As compensation for assuming permit the offer and sale of Contracts for rely on Rule 26a-1 under the 1940 Act mortality and expense risks, IDS Life which any broker-dealer that is in connection with the Administrative will assess a daily charge (‘‘Mortality registered pursuant to the 1934 Act and Charge. and Expense Risk Charge’’) equaling a member of the NASD serves as 10. IDS Life does not currently assess 1.25 percent of the average daily net principal underwriter. any charges for premium taxes or other assets of the Subaccounts on an annual 4. Applicants represent that the level basis. Approximately two-thirds of this federal, state or local taxes paid in of the Mortality and Expense Risk charge is for the assumption of the connection with the Existing Contracts, Charge is within the range of industry mortality risk and one-third is for the but reserves the right to assess such practice for comparable variable annuity assumption of the expense risk. The charges. products. IDS Life has reviewed 11. No sales charge is collected or Mortality and Expense Risk Charge publicly available information about deducted at the time purchase payments cannot be increased during the life of other annuity products taking into are made, pursuant to the Existing the Existing Contracts and does not consideration such factors as current Contracts. IDS Life will, however, assess apply to the Fixed Account. charge levels, charge guarantees, sales a contingent deferred sales charge 15. If the Mortality and Expense Risk loads, surrender charges, availability of (‘‘CDSC’’) on certain full or partial Charge is insufficient to cover the surrenders. The amounts obtained from expenses and costs assumed, the loss funds, investment options available the CDSC will be used to help defray will be borne by IDS Life. Conversely, under annuity contracts, and market expenses incurred in connection with if the amount deducted proves more sector. IDS Life represents that it will the sale of the Existing Contracts, than sufficient, the excess will represent maintain at its executive office, and including commissions and other a profit to IDS Life. IDS Life expects to make a available on request of the promotional or distribution expenses profit from the Mortality and Expense Commission or its staff, a memorandum associated with the printing and Risk Charge. The profit will be available setting forth its analysis, including its distribution of prospectuses and sales to IDS Life for any proper corporate methodology and results. material. The CDSC applies to all purpose including, among other things, 5. Applicants represent that, prior to purchase payments surrendered in the payment of distribution expenses. offering Future Contracts, they will first eight Contract years. The CDSC is conclude that any mortality and Applicants’ Legal Analysis 7 percent of any purchase payments expense risk charge under such surrendered during the first three 1. Pursuant to Section 6(c) of the 1940 Contracts (which cannot exceed in Contract years, then declines by 1 Act, the Commission may exempt any amount the Mortality and Expense Risk percent per year from 6 percent in the person, security, or transaction, or any Charge) will be within the range of fourth year to 2 percent in the eighth class or classes of persons, securities or industry practice for comparable year. No CDSC applies after 8 Contract transactions, from any provision or annuity contracts. IDS Life represents years. In addition, no CDSC applies to provisions of the 1940 Act or from any that it will maintain at its executive earnings under Existing Contracts, to rule or regulation thereunder, if and to office, and make available on request of minimum required distributions from the extent that such exemption is the Commission or its staff, a certain qualified plans, to Existing necessary or appropriate in the public memorandum setting forth its analysis, Contracts settled using an annuity interest and consistent with the including its methodology and results. payout plan or to death benefits. protection of investors and the purposes 6. Applicants acknowledge that, if a 12. IDS Life assumes certain mortality fairly intended by the policy and profit is realized from the Mortality and risks through its contractual obligation provisions of the 1940 Act. Expense Risk Charge, all or a portion of to continue to make retirement 2. Sections 26(a)(2)(C) and 27(c)(2) of such profit may be available to pay payments for the entire life of the the 1940 Act prohibit a registered unit distribution expenses not reimbursed annuitant under annuity obligations investment trust and any depositor under the Contracts. IDS Life has which involve life contingencies. This thereof or underwriter therefor from concluded that there is a reasonable assures each annuitant that neither the selling periodic payment plan likelihood that the proposed annuitant’s own longevity nor an certificates unless the proceeds of all distribution financing arrangements will improvement in life expectancy payments (other than sales load) are benefit the Variable Account (or Future generally will have an adverse effect on deposited with a qualified bank as Accounts) and owners of the Existing the retirement payments received under trustee or custodian and held under Contracts (or Future Contracts). The the Existing Contracts. IDS Life assumes arrangements which prohibit any basis for such conclusion is set forth in additional mortality risks under the payment to the depositor or principal a memorandum which will be Existing Contracts through its underwriter except a fee, not exceeding maintained by IDS Life at its executive 39684 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices office and will be available to the SUMMARY OF APPLICATION: Applicant The Plan provided that applicant would Commission or its staff on request. requests an order declaring that it has transfer its assets to Global Equity Fund 7. IDS Life represents that the ceased to be an investment company. in exchange for shares of Global Equity Variable Account, or future accounts, FILING DATE: The application was filed Fund. Applicant’s trustees found that will invest only in underlying mutual on June 12, 1996. the Plan was in the best interests of funds which, in the event they should HEARING OR NOTIFICATION OF HEARING: An Atlas Fund and that the interests of adopt any plan under Rule 12b-1 of the order granting the applicant will be Atlas Fund’s shareholders would not be 1940 Act to finance distribution issued unless the SEC orders a hearing. diluted as a result of the reorganization expenses, would have such a plan Interested persons may request a contemplated by the Plan. 3. A proxy statement was filed with formulated and approved by a board of hearing by writing to the SEC’s the SEC and distributed to applicant’s directors, a majority of the members of Secretary and serving applicant with a shareholders on or about June 21, 1995. which are not interest persons of such copy of the request, personally or by Applicant’s shareholders approved the fund within the meaning of Section mail. Hearing requests should be Plan on July 21, 1995. 2(a)(19) of the 1940 Act. received by the SEC by 5:30 p.m. on 8. Applicants submit that their 4. On August 25, 1995 (the ‘‘Closing August 19, 1996, and should be Date’’), applicant had total net assets of request for exemptive relief for Future accompanied by proof of service on the Contracts and Future Accounts would $292,492,539, comprising 9,177,350 applicant, in the form of an affidavit or, Class A shares at a net asset value of promote competitiveness in the variable for lawyers, a certificate of service. annuity contract market by eliminating $13.89 per share, 7,167,204 Class B Hearing requests should state the nature shares at a net asset value of $13.50 per the need for redundant exemptive of the writer’s interest, the reason for the applications, thereby reducing share, 1,998,736 Class C shares at a net request, and the issues contested. asset value of $14.01 per share, and Applicants’ administrative expenses Persons may request notification of a and maximizing the efficient use of their 2,959,973 Class D shares at a net asset hearing by writing to the SEC’s value of $13.59 per share. resources. Applicants further submit Secretary. that the delay and expense involved in 5. Pursuant to the Plan, on the Closing ADDRESSES: Secretary, SEC, 450 Fifth having repeatedly to seek exemptive Date, Global Equity Fund acquired all of Street, NW., Washington, DC 20549. relief would impair their ability the assets of applicant in exchange Applicant, 1285 Avenue of the effectively to take advantage of business solely for shares of beneficial interest in Americas, New York, N.Y. 10019. opportunities as they arise. Further, if Global Equity Fund and the assumption Applicants were required repeatedly to FOR FURTHER INFORMATION CONTACT: by Global Equity Fund of all of seek exemptive relief with respect to the Christine Y. Greenless, Senior Counsel, applicant’s liabilities. The number of shares of Global Equity Fund issued to same issues addressed in this (202) 942–0581, or Robert A. Robertson, applicant was determined by dividing application, investors would not receive Branch Chief, at (202) 942–0564 the net asset value of each share of any benefit or additional protection. (Division of Investment Management, Office of Investment Company applicant by the net asset value of a Conclusion Regulation). share of Global Equity Fund. On the For the reasons summaized above, SUPPLEMENTARY INFORMATION: The same date, applicant liquidated and Applicants represent that the following is a summary of the distributed pro rata to its shareholders exemptions requested are necessary and application. The complete application the shares of Global Equity Fund appropriate in the public interest and may be obtained for a fee from the SEC’s received by applicant in the consistent with the protection of Public Reference Branch. reorganization. investors and the purpose fairly 6. Expenses incurred in connection Applicant’s Representations intended by the policy and provisions of with the Plan consisted primarily of the 1940 Act. 1. Applicant is an open-end legal expenses, printing and mailing management investment company expenses, registration fees, and For the Commission, by the Division of miscellaneous accounting and Investment Management, pursuant to organized as a Massachusetts business trust.1 On June 10, 1983, applicant filed administrative expenses. These delegated authority. expenses totalled approximately Margaret H. McFarland, a registration statement on Form N–1A number section 8(b) of the Act and the $400,000, and were borne by applicant Deputy Secretary. Securities Act of 1933 to register an and Global Equity Fund, as well as two [FR Doc. 96–19249 Filed 7–29–96; 8:45 am] indefinite number of shares of beneficial other funds that simultaneously BILLING CODE 8010±01±M interest. The registration statement exchanged their assets for shares of became effective on October 13, 1983, Global Equity Fund (PaineWebber [Investment Company Act Release No. and the initial public offering Europe Growth Fund and PaineWebber 22087; 811±3882] commenced thereafter. Applicant offers Global Growth and Income Fund), in one series, PaineWebber Atlas Global proportion of each of their respective PaineWebber Atlas Fund; Notice of Growth Fund (‘‘Atlas Fund’’). net assets. Application 2. On April 28, 1995, applicant’s 7. As of the date of the application, trustees adopted resolutions approving applicant had no shareholders, assets, or July 23, 1996. an Agreement and Plan of liabilities, and was not a party to any AGENCY: Securities and Exchange Reorganization and Termination litigation or administrative proceeding. Commission (‘‘SEC’’). (‘‘Plan’’) between applicant and Applicant is not presently engaged, nor ACTION: Notice of application for PaineWebber Investment Trust on does it propose to engage, in any deregistration under the Investment behalf of a series, PaineWebber Global business activities other than those Company Act of 1940 (the ‘‘Act’’). Equity Fund (‘‘Global Equity Fund’’). necessary for the winding-up of its affairs. APPLICANT: PaineWebber Atlas Fund. 1 Applicant was organized initially as a Maryland 8. On November 4, 1995, applicant RELEVANT ACT SECTION: Order requested corporation and was later reorganized as a filed an Officer’s Certificate of under section 8(f). Massachusetts business trust. Termination with the Office of the Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39685

Secretary of the Commonwealth of II. Self-Regulatory Organization’s proposed rule change will make the Massachusetts to terminate its existence. Statement of the Purpose of, and review process more fair and efficient. For the Sec, by the Division of Investment Statutory Basis for, the Proposed Rule Therefore, the rule change is consistent Management, under delegated authority. Change with Section 6 of the Securities In its filing with the Commission, the Exchange Act of 1934, in general, and Margaret H. McFarland, Section 6(b)(7) in particular in that it Deputy Secretary. CBOE included statements concerning the purpose of and basis for the provides a fair procedure for the [FR Doc. 96–19250 Filed 7–29–96; 8:45 am] proposed rule change and discussed any disciplining of members and persons BILLING CODE 8010±01±M comments it received on the proposed associated with members. rule change. The text of these statements B. Self-Regulatory Organization’s may be examined at the places specified Statement on Burden on Competition [Release No. 34±37473; File No. SR±CBOE± in Item IV below. The CBOE has The CBOE does not believe that the 96±49] prepared summaries, set forth in proposed rule change will impose any sections A, B, and C, below, of the most burden on competition. Self-Regulatory Organizations; significant parts of such statements. Proposed Rule Change by Chicago C. Self-Regulatory Organization’s Board Options Exchange, Incorporated A. Self-Regulatory Organization’s Statement on Comments on the Relating to Permitting Additional Statement of the Purpose of, and Proposed Rule Change Received From Submissions Following Respondent's Statutory Basis for, the Proposed Rule Members, Participants, or Others Change Petition for Review No written comments were solicited The purpose of the proposed change July 23, 1996. or received with respect to the proposed to Exchange Rule 17.10 is to formalize rule change. Pursuant to Section 19(b)(1) of the in the Rule the current practice whereby Securities Exchange Act of 1934, 15 the Board has permitted one additional III. Date of Effectiveness of the U.S.C. 78s(b)(1), notice is hereby given submission by both Exchange staff and Proposed Rule Change and Timing for that on July 23, 1996, the Chicago Board Respondent following Respondent’s Commission Action Options Exchange, Incorporated petition for review. Presently, the Rule Within 35 days of the date of (‘‘CBOE’’ or ‘‘Exchange’’) filed with the does not provide for any subsequent publication of this notice in the Federal Securities and Exchange Commission submissions following a Respondent’s Register or within such longer period (i) appeal of a BCC decision to the Board. (‘‘Commission’’) the proposed rule as the Commission may designate up to The proposed amendment would change as described in Items I, II, and 90 days of such date if it finds such provide that, after a Respondent appeals longer period to be appropriate and III below, which Items have been a BCC decision to the Board, Exchange 1 publishes its reasons for so finding or prepared by the CBOE. The staff may submit a written response to Commission is publishing this notice to (ii) as to which the self-regulatory which the Respondent may submit a organization consents, the Committee solicit comments on the proposed rule reply. The proposal also clarifies with will: change from interested persons. which office of the Exchange the (A) By order approve such proposed I. Self-Regulatory Organization’s Respondent’s petition should be filed. rule change, or Statement of the Terms of Substance of By eliminating the need for the staff (B) Institute proceedings to determine the Proposed Rule Change to request approval prior to the whether the proposed rule change submission of every response, the should be disapproved. The Chicago Board Options Exchange, proposal will reduce the amount of time IV. Solicitation of Comments Inc. (‘‘CBOE’’ or ‘‘Exchange’’) proposes the Board spends on administrative to amend Exchange Rule 17.10 which matters. In addition, the Exchange Interested persons are invited to governs the review of Business Conduct believes the proposal will ensure a more submit written data, views, and Committee (‘‘BCC’’) decisions by the thorough and fair process because each arguments concerning the foregoing. Exchange’s Board of Directors party will have an opportunity to clarify Persons making written submissions (‘‘Board’’). The proposed amendment its position to the Board on the specific should file six copies thereof with the Secretary, Securities and Exchange would formalize in Rule 17.10 the issues of contention addressed in the Commission, 450 Fifth Street NW, current practice whereby the Board has petition for review. Additionally, the proposal will, as is the case under the Washington, D.C. 20549. Copies of the permitted one additional submission by current rules, ensure that the submission, all subsequent both Exchange staff and Respondent Respondent ordinarily will have the amendments, all written statements following Respondent’s petition for opportunity to make the final with respect to the proposed rule review and clarifies with which office of submission to the Board. change that are filed with the the Exchange the petition for review The proposal requires the Exchange Commission, and all written should be filed. staff’s response be filed within 15 days communications relating to the The text of the proposed rule change of the date the Respondent’s request for proposed rule change between the is available at the Office of the review is filed with the Secretary of the Commission, and any person, other than Secretary, CBOE and at the Commission. Exchange, and the Respondent’s reply to those that may be withheld from the be filed within 15 days of service of public in accordance with the 1 The proposal was originally filed with the staff’s response. provisions of 5 U.S.C. 552, will be Commission on July 11, 1996. The CBOE By clarifying with which office of the available for inspection and copying in subsequently submitted Amendment No. 1 to the Exchange the petition for review should the Commission’s Public Reference filing. This document provides notice of the filing be filed and by formalizing the current Room. Copies of such filing will also be as amended. Letter from Michael L. Meyer, Schiff, Hardin & Waite, to Katherine England, Assistant appeal practice to ensure that both available for inspection and copying at Director, Division of Market Regulation, SEC, dated parties have the opportunity to make an the principal office of the CBOE. All July 19, 1996. additional submission to the Board, the submissions should refer to File No. 39686 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

SR–CBOE–96–49 and should be italicized; proposed deletions are in such broker or dealer, carries an submitted by August 20, 1996. brackets. account. For the Commission, by the Division of Conduct Rules * * * * * Market Regulation, pursuant to the delegated authority, 17 CFR 200.30–3(a)(12). 2000. Business Conduct 3000. Responsibilities Relating to Associated Persons, Employees, and Margaret H. McFarland, * * * * * Others’ Employees Deputy Secretary. [FR Doc. 96–19295 Filed 7–29–96; 8:45 am] 2200. Communications With Customers * * * * * and the public BILLING CODE 8010±01±M 3100. Book and Records, and Financial 2211. Telemarketing Condition [Release No. 34±37475;File No. SR±NASD± No member or person associated with 3110. Books and Records 96±28] a member shall: (a) Make outbound telephone calls to * * * * * (g) [Cold Call] Telemarketing Self-Regulatory Organizations; Notice the residence of any person for the Requirements of Filing of Proposed Rule Change and purpose of soliciting the purchase of Amendment Nos. 1 and 2 Thereto by securities or related services at any time (1) Each member shall make and the National Association of Securities other than between 8 a.m. and 9 p.m. maintain a centralized do-not-call list of Dealers, Inc. (``NASD'' or local time at the called person’s persons who do not wish to receive ``Association'') Relating to location, without the prior consent of telephone solicitations from such Telemarketing Rules the person; or member or its associated person. (2) No member or person associated July 24, 1996. (b) Make an outbound telephone call to any person for the purpose of with a member shall obtain from a Pursuant to Section 19(b)(1) of the customer or submit for payment a Securities Exchange Act of 1934 soliciting the purchase of securities or related services without disclosing check, draft, or other form of negotiable (‘‘Act’’),1 notice is hereby given that on paper drawn on a customer’s checking, June 28, 1996, the National Association promptly and in a clear and conspicuous manner to the called savings, share, or similar account, of Securities Dealers, Inc. (‘‘NASD’’ or without that person’s express written ‘‘Association’’) filed with the Securities person the following information: (1) The identity of the caller and the authorization, which may include the and Exchange Commission (‘‘SEC’’ or customer’s signature on the negotiable ‘‘Commission’’) the proposed rule member firm; (2) The telephone number or address instrument. change as described in Items I, II, and at which the caller may be contacted; (3) Each member shall maintain the III below, which Items have been authorization required by subparagraph prepared by the self-regulatory and (3) That the purpose of the call is to (2) for a period of three years. organization. On July 18, 1996, the solicit the purchase of securities or NASD filed Amendment No. 1 to its II. Self-Regulatory Organizations related services. proposal.2 On July 24, 1996, the NASD Statement of the Purpose of, and (c) The prohibitions of paragraphs (a) filed Amendment No. 2 to its proposal.3 Statutory Basis for, the Proposed Rule and (b) shall not apply to telephone The Commission is publishing this Change calls by any person associated with a notice to solicit comments on the In its filing with the Commission, the member, or another associated person proposed rule change from interested NASD included statements concerning acting at the direction of such person for persons. the purpose of and basis for the the purpose of maintaining and proposed rule change and discussed any I. Self-Regulatory Organization’s servicing the accounts of existing comments it received on the proposed Statement of the Terms of Substance of customers of the member under the rule change. The text of these statements the Proposed Rule Change control of or assigned to such associated may be examined at the places specified person: Below is the text of the proposed rule in Item IV below. The NASD has change. Proposed new language is (1) To an existing customer who, within the preceding twelve months, has prepared summaries, set forth in Sections A, B, and C below, of the most 1 effected a securities transaction in, or 15 U.S.C. 78s(b)(1). significant aspects of such statements. 2 In Amendment No. 1, the NASD withdrew its made a deposit of funds or securities request for approving the proposed rule change into, an account that, at the time of the A. Self-Regulatory Organization’s prior to the 30th day after publication in the Federal Register; added the word ‘‘do’’ after the transaction or the deposit, was under Statement of the Purpose of, and word ‘‘who’’ in subparagraph (g)(1) to Rule 3110; the control of or assigned to, such Statutory Basis for, the Proposed Rule and added the phrase ‘‘or person associated with a associated person; Change member’’ after the word ‘‘member’’ in subparagraph (2) To an existing customer who (g)(2) to Rule 3110. See Letter from John Ramsay, 1. Purpose Deputy General Counsel, NASD Regulation, Inc. previously has effected a securities (‘‘NASDR’’), to Katherine A. England, Assistant transaction in, or made a deposit of Introduction and Background. Director, Division of Market Regulation, SEC, dated funds or securities into, an account that, Pursuant to the Telephone Consumer July 18, 1996 at the time of the transaction or deposit, Protection Act (‘‘TCPA’’),4 the NASD 3 In Amendment No. 2, the NASD replaced the adopted in June 1995, a ‘‘cold call’’ rule phrase ‘‘or a person acting at the direction of a was under the control of or assigned to, person associated with a member,’’ with ‘‘or such associated person, provided that to implement certain rules of the another associated person acting at the direction of such customer’s account has earned Federal Communications Commission such person’’ in subparagraph (c) to Rule 2211 to interest or divided income during the (‘‘FCC Rule’’) 5 that require persons who clarify that the exceptions to the requirements of paragraphs (a) and (b) of Rule 2211, as proposed, preceding twelve months; or apply only to a person associated with a member (3) To a broker or dealer. For the 4 47 U.S.C. § 227. or another associated person acting at the direction purposes of paragraph (c), the term 5 Pursuant to the TCPA, the FCC adopted rules in of such associated person. See Letter from John ‘‘existing customer’’ means a customer December 1992 that, among other things, (1) Ramsay, Deputy General Council, NASDR, to prohibit cold-calls to residential telephone Katherine A. England, Assistant Director, Division for whom the broker or dealer, or a customers before 8 a.m. or after 9 p.m. (location of Market Regulation, SEC, dated July 24, 1996. clearing broker or dealer on behalf of time at the called party’s location) and (2) require Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39687 engage in telephone solicitations to sell necessary or appropriate for the Rule 2211, such member or associated products and services (‘‘telemarketers’’) protection of investors or the person to promptly disclose to the to establish and maintain a list of maintenance of orderly markets, or that called person in a clear and persons who have requested that they existing federal securities laws or SEC conspicuous manner the caller’s not be contacted by the called (a ‘‘do rules already provide for such identityy and firm, the telephone not-call’’ list).6 Under the Telemarketing protection.10 The staff of the SEC has number or address at which the caller and Consumer Fraud and Abuse advised that it believes that additional may be contacted, and that the purpose Prevention Act (‘‘Telemarketing Act’’), rulemaking is necessary to satisfy the of the call to solicit the purchase of which became law in August 1994,7 the requirements of the Telemarketing Act. securities or related services. Federal Trade Commission adopted The NASD believes that, because the Proposed paragraph (c) to Rule 2211 detailed regulations (‘‘FTC Rules’’) to SROs will be the primary enforcers of creates exemptions from the time-of-day prohibit deceptive and abusive these rules, it may be more appropriate and disclosure requirements of telemarketing acts and practices that to require the SROs individually to paragraphs (a) and (b) for telephone became effective on December 31, adopt separate rules than for the SEC to calls by associated persons, or other 1995.8 The FTC Rules, among other adopt the rules for the entire industry. associated persons acting at the things, (i) require the maintenance of In addition, these rules relate to the direction of such persons for purposes ‘‘do-not-call’’ lists and procedures, (ii) regulation of sales practices which the of maintaining and servicing existing prohibit abusive, annoying, or harassing NASD believes it should take the lead customers assigned to or under the telemarketing calls, (iii) prohibit in promulgating and enforcing. The control of the associated persons, to telemarketing call before 8 a.m. or after NASD intends to implement certain categories of ‘‘existing 9 p.m., (iv) require a telemarketer to requirement (ii) by issuing an customers.’’ Paragraph (c) defines identify himself, the company he works interpretation that such conduct is ‘‘existing customer’’ as a customer for for, and the purpose of the call, and (v) violative of existing rules and whom the broker or dealer, or a clearing require express written authorization or implement requirements (iii)—(v) by broker or dealer on behalf of the broker other verifiable authorization from the amending their rules.11 In order to or dealer, carries an account. Proposed customer before use of negotiable approve the proposed rule change in subparagraph (c)(1) exempts such calls instruments called ‘‘demand drafts.’’ 9 accordance with the Telemarketing Act, to an existing customer who, within the While the FCC and FTC Rules are the SEC must determine that the rule, preceding twelve months, has effected a applicable to members that engage in together with existing federal securities securities transaction in, or made a telephone solicitation to market their laws and regulations, provide protection deposit of funds or securities into, an products and services, those regulations substantially similar to the FTC Rules. account under the control of or assigned cannot be enforced by either the Description of Proposed to such associated person at the time of Securities and Exchange Commission Amendments. Time Limitations and the transaction or deposit. Proposed (‘‘SEC’’) or the securities self-regulatory Disclosure. The proposed rule change subparagraph (c)(2) exempts such calls organizations (‘‘SROs’’). Under the adds new Rule 2211 to Rule 2200 of the to an existing customer who, at any Telemarketing Act, the SEC is required NASD’s Conduct Rules to prohibit, time, has effected a securities either to promulgate or to require the under proposed paragraph (a) to Rule transaction in, or made a deposit of SROs to promulgate rules substantially 2211, a member or person associated funds or securities into an account similar to the FTC rules, unless the SEC with a member from making outbound under the control of or assigned to the determines either that the rules are not telephone calls to a member of the associated person at the time of the public’s residence for the purpose of transaction or deposit, as long as the persons or entities engaging in cold-calling to soliciting the purchase of securities or customer’s account has earned interest institute procedures for maintaining a ‘‘do-not-call’’ related services at any time other than or dividend income during the list that includes, at a minimum, (a) a written policy between 8 a.m. and 9 p.m. local time at preceding twelve months. Proposed for maintaining the do-not-call list, (b) training personnel in the existence and use thereof, (c) the called person’s location and to paragraph (c)(3) exempts telephone calls recording a consumer’s name and telephone require, under proposed paragraph (b) to to a broker or dealer. number on the do-not-call list at the time the Subparagraphs (c) (1) and (2) together request not to receive calls is made, and retaining 10 Specifically, Section 3(d)(1)(B) of the exclude only some calls to existing such information on the do-not-call list for a period Telemarketing Act provides that the Commission is of at least ten years, and (d) requiring telephone customers from the time-of-day and not required to promulgate a rule under Section disclosure requirements of the proposed solicitors to provide the called party with the name 3(d)(1)(A) if it determines that (i) federal securities of the individual caller, the name of the person or laws or rules adopted by the Commission rule. An associated person, or a person entity on whose behalf the call is being made and thereunder provide protection from deceptive and acting at the direction of such associated a telephone number or address at which such other abusive telemarketing by persons described in person or entity may be contacted. 57 FR 48333 person, may contact a customer without Section 3(d)(2) substantially similar to that complying with the requirements of the (codified at 47 C.F.R. § 64.1200). With certain provided by rules promulgated by the Federal Trade limited exceptions, the FCC Rules apply to all Commission under Section 3(a) or (ii) a rule rule if the customer has effected a residential telephone solicitations, including those promulgated by the Commission is not necessary or transaction or made a deposit during the relating to securities transactions. Id. The term appropriate in the public interest, or for the ‘‘telephone solicitation’’ refers to the initiation of a past year into an account controlled by protection of investors, or would be inconsistent such associated person, or if the telephone call or message for the purpose of with the maintenance of fair and orderly markets. encouraging the purchase or rental of, or investment 15 U.S.C. § 6102(d)(1)(B). customer has effected a transaction or in, property, goods, or services, which is 11 The SEC staff requested that the SROs made a deposit at any time into an transmitted to any person, other than with the implement the requirement in (ii) referenced above called person’s express invitation or permission, or account controlled by such associated by issuing an interpretation that abusive to a person with whom the caller has an established person and the customer’s account has telemarketing calls are inconsistent with just and business relationship, or by tax-exempt non-profit equitable principles of trade. At its May 1996 earned interest or divided income organization. Id. meeting, the NASDR Board authorized a Notice to during the past year. Thus, calls to 6 Securities Exchange Act Release No. 35831 Jun. Members (‘‘NTM’’) that sets forth the interpretation certain older or inactive accounts that 9, 1995, 60 FR 31527 (Jun. 15, 1995) (order that abusive communications from members or fall outside these parameters would not approving File No. SR–NASD–95–13). associated persons of members to customers is a 7 15 U.S.C. §§ 6101–08 violation of Rule 2110 of the NASD’s Conduct be covered by the exemption. 8 §§ 310.3–4 of FTC Rules. Rules. The NASDR published this NTM in July The Telemarketing Act specifically 9 Id. 1996. NTM 96–44 (July 1996). requires the SEC to establish rules or 39688 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices require the self-regulatory organizations drawn substantially from the FTC Rule, which the self-regulatory organizations to promulgate telemarketing rules with the difference that the proposed consents, the Commission will: consistent with the legislation, unless rule change requires that the customer (A) By order approve the proposed the SEC determines that the federal provide written authorization of a rule change, or securities laws or SEC rules provide negotiable instrument, in comparison to (B) Institute proceedings to determine protection from abusive telemarketing the FTC Rule which would permit both whether the proposed rule change similar to the rules adopted by the FTC written and oral authorization subject to should be disapproved. or that a rule by the SEC is not certain conditions.13 The provision in IV. Solicitation of Comments necessary in the public interest.12 The the proposed rule for demand drafts is NASD believes that it is both only intended to reflect and implement Interested persons are invited to appropriate and necessary to create an the exact same requirement as set forth submit written data, views, and exemption for calls to a class of in the FTC Rule. arguments concerning the foregoing. customers for whom personal and Comments particularly are requested as timely contact with a broker is 2. Statutory Basis to whether the proposed rule change important, particularly in the emerging The NASD believes that the proposed satisfies the requirements of the environment of 24-hour trading and rule change is consistent with the Telemarketing Act. Persons making trading in multiple time zones across provisions of Section 15A(b) (6) of the written submissions should file six the United States where prompt contact Act, 14 which require that the copies thereof with the Secretary, with customers to respond to market Association adopt and amend its rules Securities and Exchange Commission, developments may be necessary. to promote just and equitable principles 450 Fifth Street, NW., Washington, DC Specifically, the NASD believes that the of trade and generally provide for the 20549. Copies of the submission, all failure to create such an exemption protection of customers and the public subsequent amendments, all written would be harmful for those securities interest, in that the proposed rule statements with respect to the proposed customers for whom the need exists to change, by imposing time restriction rule change that are filed with the be called in a timely manner on certain and disclosure requirements, with Commission, and all written occasions, and thus inconsistent with certain exceptions, on members’ communications relating to the the mandate of the Telemarketing Act. telemarketing calls, and by requiring proposed rule change between the The NASD, however, also believes that verifiable authorization from a customer Commission and by any person, other an exemption for existing customers for demand drafts, prevents members than those that may be withheld from should not extend to all customers, and from engaging in certain deceptive and the public in accordance with the should not cover calls to those abusive telemarketing acts and practices provisions of 5 U.S.C. 552, will be customers whose accounts do not meet while allowing for legitimate available for inspection and copying at certain minimum levels of activity. telemarketing practices. The NASD also the Commission’s Public Reference Demand Draft Authorization and believes that the proposed rule change Room. Copies of such filing will also be Recordkeeping. The proposed rule fulfills the mandate that SRO rules available for inspection and copying at change amends Rule 3110 of the promulgated under the Telemarketing the principal office of the NASD. All NASD’s Conduct Rules to (i) prohibit a Act provide protection from deceptive submissions should refer to File No. member or person associated with a and abusive telemarketing practices and SR–NASD–96–28 and should be member from obtaining from a customer are necessary and appropriate in the submitted by August 20, 1996. or submitting for payment a check, public interest and for the protection of For the Commission,by the Division of draft, or other form of negotiable paper investors. drawn on a customer’s checking, Market Regulation, pursuant to delegated authority. savings, share, or similar account B. Self-Regulatory Organization’s (‘‘demand draft’’) without that person’s Statement on Burden on Completion Margaret H. McFarland, express written authorization, which The Association does not believe that Deputy Secretary. may include the customer’s signature on the proposed rule change will impose [FR Doc. 96–19296 Filed 7–29–96; 8:45 am] the instrument, and (ii) to require the any inappropriate burden on BILLING CODE 8010±01±M retention of such authorization for a competition. period of three years. A ‘‘demand draft’’ is a methodology for obtaining funds C. Self-Regulatory Organization’s COMMITTEE FOR THE from a customer’s bank account without Statement on Comments on the IMPLEMENTATION OF TEXTILE that person’s signature on a negotiable Proposed Rule Change Received From AGREEMENTS instrument. The customer provide a Members, Participants, or Others potential payee with bank account No written comments were either Adjustment of Import Limits for Certain identification information that permits solicited or received. Cotton Textile Products Produced or the payee to create a piece of paper that Manufactured in India will be processed like a check, III. Date of Effectiveness of the including the words ‘‘signature on file’’ Proposed Rule Change and Timing for July 24, 1996. or ‘‘signature pre-approved’’ in the Commission Action AGENCY: Committee for the location where the customer’s signature Within 35 days of the publication of Implementation of Textile Agreements normally appears. Most potential payees this notice in the Federal Register or (CITA). obtain a written authorization for the within such longer period (i) as the ACTION: Issuing a directive to the use of such a demand draft, but the FTC Commission may designate up to 90 Commissioner of Customs adjusting found that in certain cases only oral days of such date if it finds such longer limits. authorization was provided by the period to be appropriate and publishes customer. The new language in its reasons for so finding or (ii) as to EFFECTIVE DATE: July 24, 1996. subparagraph (g)(2) of Rule 3110 is FOR FURTHER INFORMATION CONTACT: 13 § 310.3 of FTC Rules. Janet Heinzen, International Trade 12 Telemarketing Act, supra note 10. 14 § 15 U.S.C. 78o¥3. Specialist, Office of Textiles and Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39689

Apparel, U.S. Department of Commerce, ACTION: Notice. Category Adjusted twelve-month (202) 482–4212. For information on the Level 1 quota status of this limit, refer to the SUMMARY: The U.S. Coast Guard is Quota Status Reports posted on the 219 ...... 61,838,518 square seeking applicants for appointment to bulletin boards of each Customs port or meters. membership in the Towing Safety 313 ...... 35,679,609 square call (202) 927–6704. For information on meters. Advisory Committee (TSAC). This embargoes and quota re-openings, call 314 ...... 7,269,833 square me- Committee is a 16 member Federal (202) 482–3715. ters. Advisory Committee that advised the 317 ...... 40,108,127 square Secretary of Transportation on matters SUPPLEMENTARY INFORMATION: meters. related to shallow-draft inland and Authority: Executive Order 11651 of March 326 ...... 8,748,359 square me- coastal waterway navigation and towing 3, 1972, as amended; section 204 of the ters. safety. Agricultural Act of 1956, as amended (7 334/634 ...... 127,332 dozen. U.S.C. 1854); Uruguay Round Agreements 335/635 ...... 626,270 dozen. DATES: Completed applications and Act. 336/636 ...... 785,061 dozen. resumes must be received by September 340/640 ...... 1,746,791 dozen. 11, 1996. The current limits for certain 341 ...... 3,874,365 dozen, of categories are being adjusted variously which not more than ADDRESSES: To your request an for an additional five percent 2,346,540 shall be application either call (202) 267–2997 in Category 341±Y 2. handloomed fabrics allowance, swing, and give your name and mailing address 342/642 ...... 1,147,937 dozen. or write to Commandant (G–MSE–1), carryover, carryforward and 345 ...... 178,273 dozen. carryforward used in 1995. U.S. Coast Guard, 2100 Second Street, 347/348 ...... 542,556 dozen. SW., Room 1304 Washington, DC 2093– A description of the textile and 351/651 ...... 242,652 dozen. 369±D 3 ...... 1,069,492 kilograms. 0001. apparel categories in terms of HTS 4 numbers is available in the 369±S ...... 724,317 kilograms. FOR FURTHER INFORMATION CONTACT: Group II CORRELATION: Textile and Apparel Lieutenant Junior Grade Patrick J. 200, 201, 220±229, 105,968,941 square DeShon, Assistant Executive Director, Categories with the Harmonized Tariff 237, 239, 300, meters equivalent. Schedule of the United States (see 301, 330±333, TSAC, Commandant (G–MSE–1), U.S. Federal Register notice 60 FR 65299, 349, 350, 352, Coast Guard, 2100 Second Street, SW., published on December 19, 1995). Also 359±362, 600± Room 1304, Washington, DC 20593– see 60 FR 62399, published on 607, 611±629, 0001, (202) 267–2997. December 6, 1995. 630±633, 638, 639, 643±646, SUPPLEMENTARY INFORMATION: The The letter to the Commissioner of 649, 650, 652, Towing Safety Advisory Committee Customs and the actions taken pursuant 659, 665±O 4, 666, (TSAC) is a 16 member Federal to it are not designed to implement all 669, 670, and Advisory Committee that advises the of the provisions of the Uruguay Round 831±859, as a Secretary of Transportation on matters Agreements Act and the Uruguay Round group. related to shallow-draft inland and Agreement on Textiles and Clothing, but 1 The limits have not been adjusted to ac- coastal waterway navigation and towing are designed to assist only in the count for any imports exported after December safety. TSAC meets at least a twice a implementation of certain of their 31, 1995. year in Washington, DC or another provisions. 2 Category 341±Y: only HTS numbers location selected by the U.S. Coast 6204.22.3060, 6206.30.3010, 6206.30.3030 Troy H. Cribb, and 6211.42.0054. Guard. Chairman, Committee for the Implementation 3 Category 369±D: only HTS numbers Applications will be considered for of Textile Agreements. 6302.60.0010, 6302.91.0005 and several expiring terms of follows: Four 6302.91.0045. Committee for the Implementation of Textile 4 Category 369±S: only HTS number members from the barge and towing Agreements 6307.10.2005. industry, reflecting a geographical July 24, 1996. The Committee for the Implementation of balance; one member from port districts, Textile Agreements has determined that this authorities of terminal operators; one Commissioner of Customs, member from maritime labor; and one Department of the Treasury, Washington, DC action falls within the foreign affairs 20229. exception to the rulemaking provisions of 5 member from shipping. All members U.S.C. 553(a)(1). serve without compensation (neither Dear Commissioner: This directive Sincerely, travel nor per diem) from the Federal amends, but does not cancel, the directive Troy H. Cribb, Government. issued to you on November 29, 1995, by the Chairman, Committee for the Implementation Chairman, Committee for the Implementation To achieve the balance of membership of Textile Agreements. of Textile Agreements. That directive required by the Federal Advisory concerns imports of certain cotton, man- [FR Doc. 96–19274 Filed 7–29–96; 8:45 am] Committee Act, the U.S. Coast Guard is made fiber, silk blend and other vegetable BILLING CODE 3510±DR±F especially interested in receiving fiber textiles and textile products, produced applications from minorities and or manufactured in India and exported women. during the twelve-month period which began DEPARTMENT OF TRANSPORTATION Those persons who have previously on January 1, 1996 and extends through submitted applications must reapply as Coast Guard December 31, 1996. no applications received prior to this Effective on July 24, 1996, you are directed [CGD 96±027] solicitation will be considered. to amend the directive dated November 29, 1995 to adjust the limits for the following Towing Safety Advisory Committee; Applicants may be required to categories, as provided for under the Uruguay Request for Applications complete an Executive Branch Round Agreements Act and the Uruguay Confidential Financial Disclosure Round Agreement on Textiles and Clothing. AGENCY: Coast Guard, DOT. Report (SF 450). 39690 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

Dated: July 22, 1996. of the Internal Revenue Code, and Form information technology; and (e) Joseph J. Angelo, 6069, Return of Excise Tax on Excess estimates of capital or start-up costs and Director of Standards, Marine Safety and Contributions to Black Lung Benefit costs of operation, maintenance, and Environmental Protection. Trust Under Section 4953 and purchase of services to provide [FR Doc. 96–19243 Filed 7–29–96; 8:45 am] Computation of Section 192 Deduction. information. BILLING CODE 4910±14±M OMB Number: 1545–0049. Approved: July 19, 1996. Form Number: Form 990–BL, Garrick R. Shear, Schedule A (Form 990–BL) and Form IRS Reports Clearance Officer. DEPARTMENT OF THE TREASURY 6069. Abstract: IRS uses Form 990–BL to [FR Doc. 96–19258 Filed 7–29–96; 8:45 am] Internal Revenue Service monitor activities of black lung benefit BILLING CODE 4830±01±U trusts, and to collect excise taxes on [Form 990±BL, Form 6069] these trusts and certain related persons if they engage in proscribed activities. Proposed Collection; Comment Proposed Collection; Comment The tax is figured on Schedule A and Request for Form 730 Request for Form 990±BL, Schedule A attached to Form 990–BL. Form 6069 is AGENCY: Internal Revenue Service (IRS), AGENCY: Internal Revenue Service (IRS), used by coal mine operators to figure Treasury. Treasury. the maximum deduction to a black lung ACTION: Notice and request for ACTION: Notice and request for trust. If excess contributions are made, comments. comments. IRS uses the form to figure and collect the tax on excess contributions. SUMMARY: The Department of the SUMMARY: The Department of the Current Actions: There are no changes Treasury, as part of its continuing effort Treasury, as part of its continuing effort being made to these forms. to reduce paperwork and respondent to reduce paperwork and respondent Type of Review: Extension of a burden, invites the general public and burden, invites the general public and currently approved collection. other Federal agencies to take this other Federal agencies to take this Affected Public: Businesses or other opportunity to comment on proposed opportunity to comment on proposed for-profit organizations, individuals, and/or continuing information and/or continuing information and not-for-profit institutions. collections, as required by the collections, as required by the Estimated Number of Respondents: Paperwork Reduction Act of 1995, Paperwork Reduction Act of 1995, 27. Public Law 104–13 (44 U.S.C. Public Law 104–13 (44 U.S.C. Estimated Time Per Respondent: 25 3506(c)(2)(A)). Currently, the IRS is 3506(c)(2)(A)). Currently, the IRS is hrs., 56 min. soliciting comments concerning Form soliciting comments concerning Form Estimated Total Annual Burden 730, Tax on Wagering. 990–BL, Information and Initial Excise Hours: 700. DATES: Written comments should be The following paragraph applies to all Tax Return for Black Lung Benefit received on or before September 30, of the collections of information covered Trusts and Certain Related Persons, 1996 to be assured of consideration. by this notice: Schedule A (Form 990–BL), Initial ADDRESSES: Direct all written comments An agency may not conduct or Excise Taxes on Black Lung Benefit to Garrick R. Shear, Internal Revenue sponsor, and a person is not required to Trusts and Certain Related Persons Service, room 5571, 1111 Constitution respond to, a collection of information Under sections 4951 and 4952 of the Avenue NW., Washington, DC 20224. unless the collection of information Internal Revenue Code, and Form 6069, FOR FURTHER INFORMATION CONTACT: displays a valid OMB control number. Return of Excise Tax on Excess Books or records relating to a collection Requests for additional information or Contributions to Black Lung Benefit copies of the form(s) and instructions of information must be retained as long Trust Under Section 4953 and should be directed to Martha R. Brinson, as their contents may become material Computation of Section 192 Deduction. (202) 622–3869, Internal Revenue in the administration of any internal Service, room 5571, 1111 Constitution DATES: Written comments should be revenue law. Generally, tax returns and Avenue NW., Washington, DC 20224. received on or before September 30, tax return information are confidential, 1996 to be assured of consideration. as required by 26 U.S.C. 6103. SUPPLEMENTARY INFORMATION: ADDRESSES: Direct all written comments Request for Comments: Comments Title: Tax on Wagering. to Garrick R. Shear, Internal Revenue submitted in response to this notice will OMB Number: 1545–0235. Service, room 5571, 1111 Constitution be summarized and/or included in the Form Number: 730. Avenue NW., Washington, DC 20224. request for OMB approval. All Abstract: Form 730 is used to identify FOR FURTHER INFORMATION CONTACT: comments will become a matter of taxable wagers under Internal Revenue Requests for additional information or public record. Comments are invited on: Code section 4401 and collect the tax copies of the form and instructions (a) Whether the collection of monthly. The information is used to should be directed to Martha R. Brinson, information is necessary for the proper determine if persons accepting wagers (202) 622–3869, Internal Revenue performance of the functions of the are correctly reporting the amount of Service, room 5571, 1111 Constitution agency, including whether the wagers and paying the required tax. Avenue NW., Washington, DC 20224. information shall have practical utility; Current Actions: The form is revised (b) the accuracy of the agency’s estimate to show the new filing address at the SUPPLEMENTARY INFORMATION: of the burden of the collection of Internal Revenue Service Center, Title: Form 990–BL, Information and information; (c) ways to enhance the Cincinnati, Ohio, for all returns filed Initial Excise Tax Return for Black Lung quality, utility, and clarity of the beginning January 1, 1997. The form is Benefit Trusts and Certain Related information to 4 be collected; (d) ways enlarged to an 8.5×11 inch cut sheet. Persons, Schedule A (Form 990–BL), to minimize the burden of the collection Line 4c, a total line for the tax reported Initial Excise Taxes on Black Lung of information on respondents, on lines 4a and 4b, was added. The Benefit Trusts and Certain Related including through the use of automated addition of line 4c will simplify the tax Persons Under sections 4951 and 4952 collection techniques or other forms of computation for taxpayers. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39691

Type of Review: Revision of a to reduce paperwork and respondent comply with applicable Federal laws, currently approved collection. burden, invites the general public and OTS regulations and policy. Affected Public: Businesses or other other Federal agencies to take this Current Actions: OTS is proposing to for-profit organizations. opportunity to comment on proposed renew this information collection Estimated Number of Respondents: and/or continuing information without revision. 4,150. collections, as required by the Type of Review: Renewal. Estimated Time Per Respondent: 84 Paperwork Reduction Act of 1995. Affected Public: Business or for profit. hr., 35 min. Currently, the Office of Thrift Estimated Number of Respondents: 3. Estimated Total Annual Burden Supervision within the Department of Estimated Time Per Respondent: 110 Hours: 351,000. the Treasury is soliciting comments hours. The following paragraph applies to all concerning the information collections Estimated Total Annual Burden of the collections of information in this entitled ‘‘Application for Permission to Hours: 330 hours. submission: Organize a Federal Association,’’ An agency may not conduct or Title: Branch Offices. ‘‘Branch Offices,’’ ‘‘Application for OMB Number: 1550–0006. sponsor, and a person is not required to Conversion from State Chartered respond to, a collection of information Form Number: OTS Form 1450. Institution to Federally Chartered Abstract: 12 CFR 545.92 requires unless the collection of information Institution,’’ ‘‘Change of Control displays a valid OMB control number. Federally-chartered institutions Notices,’’ and ‘‘Trust Powers proposing to establish a branch office or Books or records relating to a collection Application.’’ of information must be retained as long to change the location of a branch office DATES: as their contents may become material Written comments should be to file an application or notice with the in the administration of any internal received on or before September 30, OTS. Section 228 of the Federal Deposit revenue law. Generally, tax returns and 1996 to be assured of consideration. Insurance Corporation Improvement Act tax return information are confidential, ADDRESSES: Send comments to Manager, requires insured thrifts to adopt a policy as required by 26 U.S.C. 6103. Dissemination Branch, Records with respect to branch closings and to Request for Comments: Comments Management and Information Policy, provide notice to OTS of any decisions submitted in response to this notice will Office of Thrift Supervision, 1700 G to close a branch office. be summarized and/or included in the Street, NW., Washington, DC 20552, Current Actions: OTS is proposing to request for OMB approval. All Attention 15500. These submissions renew this information collection comments will become a matter of may be hand delivered to 1700 G Street, without revision. public record. Comments are invited on: NW., from 9:00 a.m. to 5:00 p.m. on Type of Review: Renewal. (a) Whether the collection of business days; they may be sent by Affected Public: Business or for profit. information is necessary for the proper facsimile transmission to FAX Number Estimated Number of Respondents: performance of the functions of the (202) 906–7755. Comments over 25 1,248. agency, including whether the pages in length should be sent to FAX Estimated Time Per Respondent: 1.4 information shall have practical utility; Number (202) 906–6956. Comments will hours average. (b) the accuracy of the agency’s estimate be available for inspection at 1700 G Estminated Total Reporting Burden: of the burden of the collection of Street, NW., from 9:00 a.m. until 4:00 1,747 hours. information; (c) ways to enhance this p.m. on business days. Estimated Number of Recordkeepers: quality, utility, and clarity of the Copies of the Form(s) with 1,421. information to be collected; (d) ways to instructions are available for inspection Estimated Annual Burden Per minimize the burden of the collection of at 1700 G Street, NW., from 9:00 a.m. Recordkeeper: 8 hours. information on respondents, including until 4:00 p.m. on business days or from Estimated Total Recordkeeping through the use of automated collection PubliFax, OTS’ Fax-on-Demand system, Burden: 11,368 hours. techniques or other forms of information at (202) 906–5660. Estimated Total Annual Burden technology; and (e) estimates of capital Requests for additional information Hours: 13,115 hours. or start-up costs and costs of operation, should be directed to Pamela Schaar, Title: Application for Conversion from maintenance, and purchase of services Corporate Activities Division, State-Chartered to Federally Chartered to provide information. Supervision, Office of Thrift Institution. Supervision, 1700 G Street, NW., OMB Number: 1550–0007. Approved: July 19, 1996. Washington, DC 20552, (202) 906–7205. Form Number: OTS Form 1582. Garrick R. Shear, FOR FURTHER INFORMATION CONTACT: Abstract: Section 5(i) of the Home IRS Reports Clearance Officer. Pamela Schaar, Corporate Activities Owners’ Loan Act and 12 CFR 543.8 and [FR Doc. 96–19259 Filed 7–29–96; 8:45 am] Division, Supervision, Office of Thrift 552.2 required that OTS act on requests BILLING CODE 4830±01±U Supervision, 1700 G Street, NW., by state chartered institution to convert Washington, DC 20552, (202) 906–7205. to Federal charter. OTS forms 159–E and 159–F are used to evaluate the Office of Thrift Supervision SUPPLEMENTARY INFORMATION: whether the conversion application Title: Application for Permission to satisfies the appropriate eligibility Proposed Agency Information Organize a Federal Association. requirements for a Federal Charter and Collection Activities; Comment OMB Number: 1550–0005. whether the institutions will operate in Request FORM NUMBER: OTS Forms 138, 138E, accordance with OTS regulations and AGENCY: Office of Thrift Supervision, 138F, 1393, and 1606. policies subsequent to the conversion. Treasury. ABSTRACT: The information provided to Current Actions: OTS is proposing to ACTION: Notice and request for OTS on Forms 138, 138E, 138F, 1393, renew this information collection comments. and 1606 is evaluated by the OTS staff without revision. to determine whether requests by Type of Review: Renewal. SUMMARY: The Department of the groups requesting permission to Affected Public: Business or For Treasury, as part of its continuing effort organize a new Federal association Profit. 39692 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

Estimated Number of Respondents: information; (c) ways to enhance the 1700 G Street, NW., Washington, DC 40. quality; and (d) ways to minimize the 20552, (202) 906–7135. Estimated Time Per Respondent: 4 burden of the collection of information SUPPLEMENTARY INFORMATION: hours. on respondents, including the use of Estimated Total Annual Burden automated collection techniques or Title: Earnings-based Accounts. Hours: 160 hours. other forms of information technology. OMB Number: 1550–0027. Form Number: Not Applicable. Title: Change of Control Notices. Dated: July 22, 1996. OMB Number: 1550–0032. Abstract: The rule is necessary to Catherine C.M. Teti, Form Number: OTS Forms 1173, prevent over reliance on earnings-based 1393, and 1606. Director, Records Management and accounts as fundraising tools by savings Information Policy. Abstract: 12 CFR Part 574 contains associations, which, in turn, represents the filing requirements for change of [FR Doc. 96–19288 Filed 7–29–96; 8:45 am] a significant risk to the savings control applications. Section 1817(j) of BILLING CODE 6720±01±P association and the Savings Association the Federal Deposit Insurance Act Insurance Fund. requires a notice to be filed with the Current Actions: OTS is proposing to Proposed Agency Information OTS when an insured institution renew this information collection Collection Activities; Comment undergoes a change of control. The without revision. Request completion of the OTS forms provide Type of Review: Renewal. Affected Public: Business or For OTS with the information necessary to AGENCY: Office of Thrift Supervision, Profit. review and approval the change of Treasury. control. Estimated Number of Respondents: ACTION: Notice and request for Current Actions: OTS is proposing to 72. comments. Estimated Time Per Respondent: 25 renew this information collection hours. without revision. SUMMARY: The Department of the Estimated Total Annual Burden Type of Review: Renewal. Treasury, as part of its continuing effort Hours: 1,800 hours. Affected Public: Business or For to reduce paperwork and respondent Request for Comments: Comments Profit. burden, invites the general public and submitted in response to this notice will Estimated Number of Respondents: other Federal agencies to take this be summarized and/or included in the 53. opportunity to comment on proposed request for OMB approval. All Estimated Time Per Respondent: and/or continuing information comments will become a matter of 116.8 hours average. collections, as required by the public record. Comments are invited on: Estimated Total Annual Burden Paperwork Reduction Act of 1995. (a) Whether the collection of Hours: 6,190 hours. Currently, the Office of Thrift information is necessary for the proper Title: Trust Powers Application. Supervision within the Department of performance of the functions of the OMB Number: 1550–0037. the Treasury is soliciting comments agency, including whether the Form Number: OTS Form 1240. concerning the Earnings-Based information shall have practical utility; Abstract: 12 CFR 550.2 requires a Accounts. (b) the accuracy of the agency’s estimate Federal savings association proposing to DATES: Written comments should be of the burden of the collection of exercise fiduciary powers to file an received on or before September 30, information; (c) ways to enhance the application indicating which trust 1996 to be assured of consideration. quality; and (d) ways to minimize the services it wishes to offer and providing burden of the collection of information ADDRESSES: Send comments to Manager, sufficient information for OTS to on respondents, including the use of Dissemination Branch, Records approve or deny the application. automated collection techniques or Management and Information Policy, Current Actions: OTS is proposing to other forms of information technology. renew this information collection Office of Thrift Supervision, 1700 G Dated: July 22, 1996. without revision. Street, NW., Washington, DC 20552, Type of Review: Renewal. Attention 1550–0027. These Catherine C.M. Teti, Affected Public: Business or For submissions may be hand delivered to Director, Records Management and Profit. 1700 G Street, NW. From 9:00 a.m. to Information Policy. Estimated Number of Respondents: 5:00 p.m. on business days; they may be [FR Doc. 96–19289 Filed 7–29–96; 8:45 am] 13. sent by facsimile transmission to FAX BILLING CODE 6720±01±P Estimated Time Per Respondent: 9 Number (202) 906–7755. Comments hours. over 25 pages in length should be sent Estimated Total Annual Burden to FAX Number (202) 906–6956. Proposed Agency Information Hours: 117 hours. Comments will be available for Collection Activities; Comment Request for Comments: Comments inspection at 1700 G Street, NW., from Request 9:00 a.m. until 4:00 p.m. on business submitted in response to this notice will AGENCY: Office of Thrift Supervision, days. be summarized and/or included in the Treasury. request for OMB approval. All Requests for additional information should be directed to Mary Gottlieb, ACTION: Notice and request for comments will become a matter of comments. public record. Comments are invited on: Regulations and Legislation Division, (a) Whether the collection of Office of Chief Counsel, Office of Thrift SUMMARY: The Department of the information is necessary for the proper Supervision, 1700 G Street, NW., Treasury, as part of its continuing effort performance of the functions of the Washington, DC 20552, (202) 906–7205. to reduce paperwork and respondent agency, including whether the FOR FURTHER INFORMATION CONTACT: burden, invites the general public and information shall have practical utility; Mary Gottlieb, Regulations and other Federal agencies to take this (b) the accuracy of the agency’s estimate Legislation Division, Office of Chief opportunity to comment on proposed of the burden of the collection of Counsel, Office of Thrift Supervision, and/or continuing information Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39693 collections, as required by the (b) the accuracy of the agency’s estimate SUPPLEMENTARY INFORMATION: Paperwork Reduction Act of 1995. of the burden of the collection of Title: General Recordkeeping and Currently, the Office of Thrift information; (c) ways to enhance the Reporting by Savings Associations. Supervision within the Department of quality; and (d) ways to minimize the OMB Number: 1550–0011. the Treasury is soliciting comments burden of the collection of information Form Number: Not Applicable. concerning the Loan Application on respondents, including the use of Abstract: To allow management of Register. automated collection techniques or savings associations to exercise prudent DATES: Written comments should be other forms of information technology. controls and to provide OTS with a received on or before September 30, Dated: July 22, 1996. means of determining the integrity of 1996 to be assured of consideration. Catherine C.M. Teti, savings association records and Director, Records Management and ADDRESSES: Send comments to Manager, operations when examining for safety, Information Policy. Dissemination Branch, Records soundness and regulatory compliance. Management and Information Policy, [FR Doc. 96–19290 Filed 7–29–96; 8:45 am] Current Actions: OTS is proposing to Office of Thrift Supervision, 1700 G BILLING CODE 6720±01±P renew this information collection without revision. Street, NW., Washington, DC 20552, Type of Review: Renewal. Attention 1550–0027. These Proposed Agency Information Affected Public: Business or For submissions may be hand delivered to Collection Activities; Comment Profit. 1700 G Street, NW. From 9:00 A.M. to Request Estimated Number of Respondents: 5:00 P.M. on business days; they may be 1,421. sent by facsimile transmission to FAX AGENCY: Office of Thrift Supervision, Estimated Time Per Respondent: Number (202) 906–7755. Comments Treasury. 2,691.2 hours. over 25 pages in length should be sent ACTION: Notice and request for Estimated Total Annual Burden to FAX Number (202) 906–6956. comments. Hours: 3,824,145 hours. Comments will be available for Request for Comments: Comments inspection at 1700 G Street, NW., from SUMMARY: The Department of the submitted in response to this notice will 9:00 A.M. until 4:00 P.M. on business Treasury, as part of its continuing effort be summarized and/or included in the days. to reduce paperwork and respondent request for OMB approval. All Requests for additional information burden, invites the general public and comments will become a matter of should be directed to Gilda Morse, other Federal agencies to take this public record. Comments are invited on: Compliance Policy, Office of opportunity to comment on proposed (a) Whether the collection of Supervision, 1700 G Street, NW., and/or continuing information information is necessary for the proper Washington, DC 20552, (202) 906–6238. collections, as required by the performance of the functions of the Paperwork Reduction Act of 1995. FOR FURTHER INFORMATION CONTACT: agency, including whether the Currently, the Office of Thrift Gilda Morse, Compliance Policy, Office information shall have practical utility; Supervision within the Department of of Supervision, Office of Thrift (b) the accuracy of the agency’s estimate the Treasury is soliciting comments of the burden of the collection of Supervision, 1700 G Street, NW., concerning the General Recordkeeping Washington, DC 20552, (202) 906–6238. information; (c) ways to enhance the and Reporting by Savings Associations. quality; and (d) ways to minimize the SUPPLEMENTARY INFORMATION: DATES: Written comments should be burden of the collection of information Title: Loan Application Register. received on or before September 30, on respondents, including the use of OMB Number: 1550–0021. 1996 to be assured of consideration. automated collection techniques or Form Number: Not Applicable. ADDRESSES: Send comments to Manager, other forms of information technology. Abstract: Reporting is required to Dissemination Branch, Records Dated: July 22,1996. Management and Information Policy, assist OTS in monitoring compliance Catherine C.M. Teti, with fair lending laws. Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552, Director, Records Management and Current Actions: OTS is proposing to Information Policy. Attention 1550–0011. These renew this information collection [FR Doc. 96–19291 Filed 7–29–96; 8:45 am] without revision. submissions may be hand delivered to BILLING CODE 6720±01±P Type of Review: Renewal. 1700 G Street, NW. From 9:00 A.M. to Affected Public: Business or For 5:00 P.M. on business days; they may be Profit. sent by facsimile transmission to FAX Submission for OMB Review; Estimated Number of Responses: Number (202) 906–7755. Comments Comment Request 2,000,000. over 25 pages in length should be sent Estimated Time Per Response: .03 to FAX Number (202) 906–6956. July 22, 1996. hours. Comments will be available for The Office of Thrift Supervision Estimated Total Annual Burden inspection at 1700 G Street, NW., from (OTS) has submitted the following Hours: 60,000 hours. 9:00 A.M. until 4:00 P.M. on business public information collection Request for Comments: Comments days. requirement(s) to OMB for review and submitted in response to this notice will Requests for additional information clearance under the Paperwork be summarized and/or included in the should be directed to Joseph Casey, Reduction Act of 1995, Public Law 104– request for OMB approval. All Supervision, Supervision, 1700 G Street, 13. Copies of the submission(s) may be comments will become a matter of NW., Washington, DC 20552, (202) 906– obtained by calling the OTS Clearance public record. Comments are invited on: 5741. Officer listed. Comments regarding this (a) Whether the collection of FOR FURTHER INFORMATION CONTACT: information collection should be information is necessary for the proper Joseph Casey, Supervision Policy, addressed to the OMB reviewer listed performance of the functions of the Supervision, Office of Thrift and to the OTS Clearance Officer, Office agency, including whether the Supervision, 1700 G Street, NW., of Thrift Supervision, 1700 G Street, information shall have practical utility; Washington, DC 20552, (202) 906–5741. N.W., Washington, D.C. 20552. 39694 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

OMB Number: 1550–0066. of Thrift Supervision, 1700 G Street, OMB Control Number: 2900–0241. Form Number: Not Applicable. NW., Washington, D.C. 20552. Title and Form Number: Request for Type of Review: Regular. OMB Number: 1550–0065. Determination of Reasonable Value Title: Voluntary Dissolution. Form Number: Not Applicable. (Manufactured Home), VA Form 26– Type of Review: Regular. Description: 12 CFR Section 546.4 8728. Title: Salvage Power ro Assist Service provides for federal associations to Type of Review: Extension of a Corporation. voluntarily dissolve through the Description: 12 CFR Section 563.38 currently approved collection. submission of a statement of reasons permits savings associations to exercise Need and Uses: The form is used to and plan of dissolution. Approval is salvage power to assist service obtain appraisal of used manufactured required by the board of directors, the corporations in accordance with the home units proposed for VA guaranteed OTS and the association’s members. requirements of this section. financing to establish the reasonable Plans for dissolution may be denied if Respondents: Savings and Loan value of such units and also serves as the OTS believes the plan is not in the Associations and Savings Banks. owner’s/seller’s request for liquidation best interest of the concerned parties. Estimated Number of Respondents: 5. of such units. Without the form, VA Respondents: Savings and Loan Estimated Burden Hours Per would have to require that requesters Associations and Savings Banks. Respondent: 8 hours. furnish this information by letter. Estimated Number of Respondents: 3. Frequency of Response: 1. Affected Public: Individuals or Estimated Burden Hours Per Estimated Total Reporting Burden: 40 households—Business or other for- Respondent: 80 hours. hours. profit. Frequency of Response: 1. Clearance Officer: Colleen M. Devine, Estimated Annual Burden: 117 hours. Estimated Total Reporting Burden: (202) 906–6025, Office of Thrift Estimated Average Burden Per 240 hours. Supervision, 1700 Street, NW., Respondent: 10 minutes. Clearance Officer: Colleen M. Devine, Washington, D.C. 20552. OMB Reviewer: Alexander Hunt, (202) Frequency of Response: On occasion. (202) 906–6025, Office of Thrift 395–7860, Office of Management and Estimated Number of Respondents: Supervision, 1700 Street, N.W., Budget, Room 10226, New Executive 700. Washington, D.C. 20552. Office Building, Washington, D.C. ADDRESSES: A copy of this submission OMB Reviewer: Alexander Hunt, (202) 20503. may be obtained from Ron Taylor, VA 395–7860, Office of Management and Clearance Officer (045A4), Department Budget, Room 10226, New Executive Catherine C. M. Teti, Director, Records Management and of Veterans Affairs, 8l0 Vermont Office Building, Washington, D.C. Avenue, NW, Washington, DC 20420, 20503. Information Policy. [FR Doc. 96–19287 Filed 7–29–96; 8:45 am] (202) 273–8015. Catherine C. M. Teti, BILLING CODE 6720±01±P Comments and recommendations Director, Records Management and concerning the submission should be Information Policy. directed to VA’s OMB Desk Officer, [FR Doc. 96–19286 Filed 7–29–96; 8:45 am] DEPARTMENT OF VETERANS Allison Eydt, OMB Human Resources BILLING CODE 6720±01±P AFFAIRS and Housing Branch, New Executive Office Building, Room 10235, Agency Information Collection: Washington, DC 20503 (202) 395–4650. Submission for OMB Review; Submission for OMB Review; DO NOT send requests for benefits to Comment Request Comment Request this address. July 22, 1996. AGENCY: Veterans Benefits DATES: Comments on the information The Office of Thrift Supervision Administration, Department of Veterans collection should be directed to the (OTS) has submitted the following Affairs. OMB Desk Officer August 29, 1996. public information collection ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Ron requirement(s) to OMB for review and Taylor, VA Clearance Officer (045A4), clearance under the Paperwork SUMMARY: The Veterans Benefits (202) 273–8015. Reduction Act of 1995, Public Law 104– Administration (VBA), Department of Dated: June 24, 1996. 13. Copies of the submission(s) may be Veterans Affairs, has submitted to the obtained by calling the OTS Clearance Office of Management and Budget By direction of the Secretary. Officer listed. Comments regarding this (OMB) the following proposal for the William T. Morgan, information collection should be collection of information under the Management Anaylst. addressed to the OMB reviewer listed provisions of the Paperwork Reduction [FR Doc. 96–19247 Filed 7–29–96; 8:45 am] and to the OTS Clearance Officer, Office Act (44 U.S.C. Chapter 35). BILLING CODE 8320±01±P 39695

Corrections Federal Register Vol. 61, No. 147

Tuesday, July 30, 1996

This section of the FEDERAL REGISTER DEPARTMENT OF HEALTH AND ‘‘111.10531(l)’’ should read ‘‘111.105- contains editorial corrections of previously HUMAN SERVICES 31(l)’’. published Presidential, Rule, Proposed Rule, BILLING CODE 1505±01±D and Notice documents. These corrections are Centers for Disease Control and prepared by the Office of the Federal Prevention Register. Agency prepared corrections are DEPARTMENT OF TRANSPORTATION issued as signed documents and appear in Notice of Specific List for the appropriate document categories Categorization of Laboratory Test Coast Guard elsewhere in the issue. Systems, Assays, and Examinations by Complexity; Notice of Additional 46 CFR Part 112 Waived Laboratory Test Systems, DEPARTMENT OF COMMERCE Assays, and Examinations; and Notice [CGD 94-108] of Announcement of Boards Approved Foreign-Trade Zones Board by HHS Electrical Engineering Requirements Correction for Merchant Vessels [Docket 55-96] In notice document 96–17097, Correction Foreign-Trade Zone 2, New Orleans, beginning on page 35736, in the issue of In rule document 96–13416, Louisiana; Proposed Foreign-Trade Monday, July 8, 1996, make the beginning on page 28260, in the issue of Subzone; Murphy Oil USA, Inc. (Oil following corrections: Tuesday, June 4, 1996, make the Refinery Complex), St. Bernard Parish, 1. On page 35748, in the first column, following correction: LA in the Analyte: Vitamin B12 (6707) Test System, Assay, Examination: entry, in §112.55-15 [Corrected] Correction the third and fifth lines, ‘‘BB’’ should read ‘‘PB’’. On page 28288, in the first column, In notice document 96–17678, 2. On page 35752, in the first column, under amendatory instruction 170, in beginning on page 36550, in the issue of in the first and third lines, ‘‘Jonhson’’ §112.5-15 (a)(3), in the third line, Thursday, July 11, 1996, make the should read ‘‘Johnson’’. ‘‘prescribed in §12.05-5(a)’’ should read following correction: 3. On the same page, in the same ‘‘prescribed in §112.05-5(a)’’. column, in the Analyte: Ethanol On page 36551, in the first column, in BILLING CODE 1505±01±D (Alcohol) (1608) Test System, Assay, the fifth paragraph, in the sixth line, Examination: entry, in the 18th, 20th, ‘‘[60 days from date of publication]’’ 22d, and 24th lines, ‘‘Jonhson’’ should DEPARTMENT OF TRANSPORTATION should read ‘‘September 9, 1996’’. read ‘‘Johnson’’. BILLING CODE 1505±01±D BILLING CODE 1505±01±D Federal Aviation Administration 14 CFR Part 71 DEPARTMENT OF COMMERCE DEPARTMENT OF TRANSPORTATION [Airspace Docket No. 96-AGL-5] Foreign-Trade Zones Board Coast Guard Establishment of Class E Airspace; [Docket 56-96] 46 CFR Part 111 Strugis, SD [CGD 94-108] Foreign-Trade Zone 181ÐAkron- Correction RIN 2115-AF24 Canton, Ohio Area; Applications for In document rule 96–17591, Expansion Electrical Engineering Requirements beginning on page 36285, in the issue of Correction for Merchant Vessels Wednesday, July 10,1996, make the following corrections: In notice document 96–18257, Correction 1. On page 36285, in the third beginning on page 37442, in the issue of In rule document 96–13416 column, the Airspace Docket No. should Thursday, July 18, 1996, make the (originally published in 60 FR 33660), read as cited above. following correction: beginning on page 36786, corrected in 2. On page 36286, in the second On page 37443, in the first column, in the issue of Friday, July 12, 1996, make column, in the AGL SD E5 Sturgis, SD the fourth full paragraph, in the seventh the following correction: [New] entry, in the second line, ‘‘lat. line, ‘‘[60 days from publication]’’ §111.105-29 [Corrected] 44°26’06’’ N,’’ should read ‘‘lat. ° should read ‘‘September 9, 1996’’. On page 36787, in the second column, 44 25’06’’ N,’’. BILLING CODE 1505±01±D in item 23, in the last line, BILLING CODE 1505±01±D federal register July 30,1996 Tuesday and WildlifeRegulations;FinalRule DÐ1996±97 SubsistenceTakingofFish Public LandsinAlaska,SubpartsCand Subsistence ManagementRegulationsfor 50 CFRPart100 Fish andWildlifeService Department oftheInterior 36 CFRPart242 Forest Service Department ofAgriculture Part II 39697 39698 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

DEPARTMENT OF AGRICULTURE (ANILCA) (16 U.S.C. 3111–3126) Applicability of Subparts A, B, and C requires that the Secretary of the Interior Subparts A, B, and C (unless Forest Service and the Secretary of Agriculture otherwise amended) of the Subsistence (Secretaries) implement a joint program 36 CFR Part 242 Management Regulations for Public to grant a preference for subsistence Lands in Alaska, 50 CFR §§ 100.1 to uses of fish and wildlife resources on DEPARTMENT OF THE INTERIOR 100.23 and 36 CFR §§ 242.1 to 242.23, public lands, unless the State of Alaska remain effective and apply to this rule enacts and implements laws of general ll ll Fish and Wildlife Service for §§ .23– .25. Therefore, all applicability which are consistent with definitions located at 50 CFR § 100.4 50 CFR Part 100 ANILCA, and which provide for the and 36 CFR § 242.4 apply to regulations subsistence definition, preference, and found in this subpart. The identified RIN 1018±AD42 participation specified in Sections 803, sections include definitions for the 804, and 805 of ANILCA. The State following terms: Subsistence Management Regulations implemented a program that the ‘‘Federal lands means lands and for Public Lands in Alaska, Subpart C Department of the Interior previously waters and interests therein title to and Subpart DÐ1996±1997 found to be consistent with ANILCA. which is in the United States’’; and Subsistence Taking of Fish and However, in December 1989, the Alaska ‘‘public land or public lands means Wildlife Regulations Supreme Court ruled in McDowell v. lands situated in Alaska which are AGENCY: Forest Service, Agriculture; and State of Alaska that the rural preference Federal lands, except— Fish and Wildlife Service, Interior. in the State subsistence statute violated (1) land selections of the State of Alaska which have been tentatively ACTION: Final rule. the Alaska Constitution. The Court’s ruling in McDowell required the State to approved or validly selected under the SUMMARY: This final rule establishes delete the rural preference from the Alaska Statehood Act and lands which regulations for seasons, bag limits, subsistence statute, and therefore, have been confirmed to, validly selected methods, and means related to taking of negated State compliance with ANILCA. by, or granted to the Territory of Alaska wildlife for subsistence uses during the The Court stayed the effect of the or the State under any other provision 1996–1997 regulatory year. The decision until July 1, 1990. of Federal Law; rulemaking is necessary because (2) land selections of a Native Subpart D is subject to an annual public As a result of the McDowell decision, Corporation made under the Alaska review cycle. This rulemaking replaces the Department of the Interior and the Native Claims Settlement Act which the wildlife regulations included in the Department of Agriculture have not been conveyed to a Native ‘‘Subsistence Management Regulations (Departments) assumed, on July 1, 1990, Corporation, unless any such selection for Public Lands in Alaska, Subpart D— responsibility for implementation of is determined to be invalid or is 1995–1996 Subsistence Taking of Fish Title VIII of ANILCA on public lands. relinquished; and and Wildlife Regulations’’, which expire On June 29, 1990, the Temporary (3) lands referred to in Section 19(b) on July 31, 1996. This rule also amends Subsistence Management Regulations of the Alaska Native Claims Settlement the Customary and Traditional Use for Public Lands in Alaska were Act.’’ Determinations of the Federal published in the Federal Register (55 Navigable Waters Subsistence Board (Section ll.24 of FR 27114–27170). Consistent with Subpart C). This rule also restates and Subparts A, B, and C of these At this time, Federal subsistence extends Sections ll.26, Subsistence regulations, a Federal Subsistence Board management program regulations apply Taking of Fish and ll.27, Subsistence was established to administer the to all non-navigable waters located on Taking of Shellfish. Federal subsistence management public lands and to navigable waters located on the public lands identified at EFFECTIVE DATE: Section ll.24 is program. The Board’s composition 50 CFR § 100.3(b) and 36 CFR § 242.3(b) effective August 1, 1996. Section includes a Chair appointed by the of the Subsistence Management ll.25 is effective August 1, 1996, Secretary of the Interior with Regulations for Public Lands in Alaska, through June 30, 1997. Sections ll.26 concurrence of the Secretary of Subparts A, B, and C (57 FR 22940– and ll.27 are effective January 1, Agriculture; the Alaska Regional 22964) published May 29, 1992. 1997, through December 31, 1997. Director, U.S. Fish and Wildlife Service; Nothing in these regulations is intended the Alaska Regional Director, U.S. FOR FURTHER INFORMATION CONTACT: to enlarge or diminish authorities of the Chair, Federal Subsistence Board, c/o National Park Service; the Alaska State Departments to manage submerged U.S. Fish and Wildlife Service, Director, U.S. Bureau of Land lands, title to which is held by the Attention: Thomas H. Boyd, Office of Management; the Alaska Area Director, United States government. Subsistence Management, 1011 E. Tudor U.S. Bureau of Indian Affairs; and the The Board recognizes Judge Holland’s Road, Anchorage, Alaska 99503; Alaska Regional Forester, USDA Forest order granting preliminary relief to the telephone (907) 786–3864. For questions Service. Through the Board, these plaintiffs in the case of the Native specific to National Forest System agencies have participated in Village of Quinhagak et al. v. United lands, contact Ken Thompson, Regional development of regulations for Subparts States of America et al. Therefore, to the Subsistence Program Manager, USDA, A, B, and C, and the annual Subpart D extent that the proposed regulations Forest Service, Alaska Region, P.O. Box regulations. All Board members have would continue any existing restrictions 21628, Juneau, Alaska 99802–1628, reviewed this rule and agree with its on the taking of rainbow trout by the telephone (907) 586–7921. substance. Because this rule relates to residents of Quinhagak and Goodnews SUPPLEMENTARY INFORMATION: public lands managed by an agency or Bay in the Kanektok, Arolik, and agencies in both the Departments of Goodnews Rivers, those regulations will Background Agriculture and the Interior, identical not be enforced pending completion of Title VIII of the Alaska National text would be incorporated into 36 CFR proceedings in that case. However, in Interest Lands Conservation Act Part 242 and 50 CFR Part 100. light of the continuation of the Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39699 proceedings in the consolidated ‘‘Katie opportunity to review and comment on Analysis of Proposals Rejected by the John’’ litigation and a petition to the all changes. Additional details on the Board Secretaries of the Interior and recent Board modifications are The Board rejected twelve proposals Agriculture addressing jurisdiction in contained in the section on Analysis of and parts of two others based on navigable waters, no attempt is being Proposals Adopted by the Board. recommendations from the respective made to alter the fish and shellfish Section ll.25 (Subpart D) Regional Council and additional factors. portions of the regulations (Sections ll ll regulations are subject to an annual Except in four instances, the Board .26 and .27) until final cycle and require development of an action to reject the proposals reflect guidance has been received regarding entire new rule each year. Proposed Regional Council recommendations. the jurisdictional authority of the Subpart D regulations for the 1996–1997 Two of the rejected proposals were Federal government over navigable seasons and bag limits, and methods rendered moot by adoption of other waters in general, and specifically with and means were published on August proposals. respect to the waters at issue in Native 15, 1995, in the Federal Register (60 FR Three proposals requested that public Village of Quinhagak et al. v. United lands be closed to hunting or fishing by States of America et al. 42085–42118). A 60-day comment period providing for public review of non-Federally qualified users. The Federal Subsistence Regional Advisory the proposed rule and calling for Board determined that the biological Councils proposals was advertised by mail, radio, and harvest data did not support a need and newspaper. During that period the to close the areas in order to protect the Pursuant to the Record of Decision, subsistence user’s opportunity to Subsistence Management Regulations Regional Councils met and, in addition to other Regional Council business, harvest wildlife. In at least one instance, for Federal Public Lands in Alaska, the proposal area encompassed non- received suggestions for proposals from April 6, 1992, and the Subsistence Federal lands. Management Regulations for Federal the public. Overall, the Board received Two proposals requested opening a Public Lands in Alaska, 36 CFR § 242.11 a total of 101 proposals for change to moose season in an area; one proposal (1992) and 50 CFR 100 § 242.11 (1992), Customary and Traditional Use asked that a spike/fork-50 inch antler and for the purposes identified therein, Determinations or to Subpart D. Because restriction be removed; one proposal Alaska has been divided into ten of the large number of proposals asked for a cow moose season; and two subsistence resource regions, each of submitted or contained in the agency proposals asked for longer goat seasons. which is represented by a Federal files from previous years, the Regional In all of those cases, examination of the Subsistence Regional Advisory Council Councils were asked to prioritize for biological data indicated that the target (Regional Council). The Regional Board action, those proposals relating to population could not withstand the Councils provide a forum for rural Customary and Traditional Use proposed harvest. residents with personal knowledge of Determinations. Subsequent to the 60- The Board also rejected three local conditions and resource day review period, the Board prepared proposals requesting that customary and requirements to have a meaningful role a booklet describing the 67 proposals for traditional use determinations be in the subsistence management of fish analysis and Board action and revised for sheep, moose and goats in and wildlife on Alaska pubic lands. The distributed it to the public. The public certain areas. In each case, either the Regional Council members represent then had an additional 30 days in which cultural resource data did not varied geographical, cultural, and user to comment on the proposals for substantiate the request or the use did diversity within each region. changes to the regulations. The ten not occur on Federal lands. The Regional Councils have had a Regional Councils met again, received The Board also deferred action on 13 substantial role in reviewing the public comments, and formulated their proposals in order to collect additional proposed rule and making recommendations to the Board on data, or allow communities or Regional recommendations for the final rule. proposals for their respective regions. Councils additional time to review the Moreover, the Council Chairs, or their These final regulations reflect Board issues and provide additional designated representatives, presented review and consideration of Regional information. their Council’s recommendations at the Council recommendations and public Board meeting in April 1996. Analysis of Proposals Adopted by the comments submitted to the Board. The Board Summary of Changes final comment period, the dates of the later Regional Council meetings, the The Board adopted 36 proposals and Section ll.24 (Customary and parts of 2 others. Some of these traditional use determinations) was date of the Board meeting and the August 1 versus July 1 effective date of proposals were adopted as submitted published in the Federal Register (57 and others were adopted with these regulations reflect the impact of FR 22940) on May 29, 1992. Since that modifications suggested by the the Federal furloughs that occurred in time, the Board has made a number of respective Regional Council or November, December, and January. Customary and Traditional Use developed during the Board’s public Determinations at the request of affected Section ll.26 (Subsistence taking of deliberations. subsistence users. Those modifications, fish) and Section ll.27 (Subsistence All of the adopted proposals were along with some administrative taking of shellfish) were last published recommended for adoption by the corrections, were published in the on June 15, 1995 (60 FR 31542). Fish respective Regional Councils except one Federal Register (59 FR 27462, and shellfish regulations are effective and were based on meeting customary published May 27, 1994; 59 FR 51855, from January 1 through December 31 and traditional uses, harvest practices, published October 13, 1994; and 60 FR each year. Due to litigation and petitions or protecting wildlife populations. 10317, published February 24, 1995.) to the Secretaries of the Interior and Detailed information relating to During its April 29–May 3, 1996, Agriculture, both relating to extended justification on each proposal may be meeting, the Board made additional jurisdiction to navigable waters, the fish found in the Board meeting transcripts, determinations in addition to various and shellfish regulations were not available for review at the Office of annual season and harvest limit revised for 1997 but, rather, are Subsistence Management at the address changes. The public has had extensive extended through December 31, 1997. listed previously. 39700 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Statewide Proposals affects the Kodiak/Aleutians Region and • Revised a customary and traditional One proposal affecting the entire State has been incorporated in this final rule: use determination for caribou in Unit • Changed the customary and 22. was acted on by the Board resulting in • changes to the regulations found in traditional use determination for brown Increased the harvest quota for § ll.25. The change relaxed bear in Unit 8. muskox in Unit 22(D) to eight bulls. • Created a hunting season for regulations relating to use of motorized Bristol Bay Region vehicles and brought Federal and State various furbearers. regulations into more agreement. Eleven proposals affecting the Bristol Northwest Arctic Region Bay Region were acted on by the Board Southeast Region resulting in changes to the regulations One proposal affecting the Northwest Thirteen proposals affecting the found in § ll.24 and § ll.25. The Arctic Region was acted on by the Southeast Region were acted on by the following Board actions affect the Board; it did not result in any changes Bristol Bay Region and have been to the regulations found in § ll.24 and Board resulting in changes to the ll regulations found in § ll.24 and incorporated in this final rule: § .25. The following Board action ll • Provided for a limited number of affects the Northwest Arctic: § .25. The following Board actions • affect the Southeast Region and have permits for brown bears in Unit 9(B). Defers for one year any changes to been incorporated in this final rule: • Opened a season for Mulchatna the Noatak Controlled Use Area. • Revised the customary and herd caribou in Unit 17(A). Eastern Interior Region traditional use determination for brown • Continued and lengthened the Nine proposals affecting the Eastern bear for Unit 1. season for Nushagak herd caribou in Interior Region were acted on by the • Revised the customary and Unit 17(A). Board resulting in changes to the traditional use determination for deer • Revised the customary and regulations found in § ll.24 and for Unit 4. traditional use determination for sheep § ll.25. The following Board actions • Provided for the taking of wildlife in Unit 9(B). for ceremonial purposes in Units 1—5. affect the Eastern Interior Region and • Revised the customary and Yukon-Kuskokwim Delta Region have been incorporated in this final rule: traditional use determination for goat Two proposals affecting the Yukon- • Add a winter season for caribou in for Unit 4. Kuskokwim Delta Region were acted on Units 20(F) and 25(D). • Revised the season for goat in Unit by the Board resulting in changes to the • Add an additional moose season for 5. regulations found in § ll.24. The • Removed the moose hunting Unit 12. following Board action affects the • closure of Federal public lands in a Revised the customary and Yukon-Kuskokwim Delta Region and traditional use determination for moose portion of Unit 1(B) and opened a has been incorporated in this final rule: season in Unit 1(C). • for Unit 25(A). • Revised the customary and Revised the season for goat in Unit traditional use determinations for black North Slope Region 3. bear in Unit 18. • Opened a season for moose in a Three proposals affecting the North portion of Unit 5(A) and changed season Western Interior Region Slope Region were acted on by the dates in another part of Unit 5(A). Board resulting in changes to the Six proposals affecting the Western regulations found in § ll.24 and Southcentral Region Interior Region were acted on by the § ll.25. One Request for Board resulting in changes to the Eleven proposals affecting the Reconsideration from the 1995–96 regulations found in § ll.25. The Southcentral Region were acted on by regulatory cycle was also deliberated by following Board actions affect the the Board resulting in changes to the the Board. The following Board actions Western Interior Region and have been regulations found in § ll.24 and affect the North Slope Region and have incorporated in this final rule: § ll.25. The following Board actions been incorporated in this final rule: • Extends the boundaries of the affect the Southcentral Region and have • Revised the season for brown bear Northwest Alaska Brown Bear been incorporated in this final rule: for Subunits A and B and eliminated the • Provided for a customary and Management Area to include all of Unit requirement for a Federal registration 24. permit in Subunit 26(A). traditional use determination for black • bear in Unit 15(C). Closed to non-qualified Federal • Revised and clarified the customary • Clarified the closure of Fort subsistence users, Federal lands within and traditional use determination for Richardson and Elmendorf Air Force one-half mile along a portion of the caribou in Unit 26. Base to subsistence hunting. Koyukuk River during a September • Revised the moose season and • Revised the customary and moose season. harvest limit in Unit 26. • traditional use determination for black Extended the moose season in a • Lengthened the season and harvest bear in Unit 6. portion of Unit 24. quota for muskox in Unit 26. • Provided for a hunt for Mentasta Seward Peninsula Region Conformance With Statutory and herd caribou in Unit 11. Regulatory Authorities • Revised the customary and Five proposals affecting the Seward traditional use determination for moose Peninsula Region were acted on by the National Environmental Policy Act and caribou in Units 13 and 20. Board resulting in changes to the Compliance.—A Draft Environmental regulations found in § ll.24 and Impact Statement (DEIS) that described Kodiak/Aleutians Region § ll.25. The following Board actions four alternatives for developing a Three proposals affecting the Kodiak/ affect the Seward Peninsula Region and Federal Subsistence Management Aleutians Region were acted on by the have been incorporated in this final Program was distributed for public Board resulting in changes to the rule: comment on October 7, 1991. That regulations found in § ll.24 and • Expanded the harvest limits for document described the major issues § ll.25. The following Board action brown bears in Unit 22. associated with Federal subsistence Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39701 management as identified through approval under the Paperwork 5 U.S.C.553(d)(3) to make this rule public meetings, written comments and Reduction Act of 1995. They apply to effective August 1, 1996. staff analysis and examined the the use of public lands in Alaska. The Economic Effects—This rule was not environmental consequences of the four information collection requirements subject to OMB review under Executive alternatives. Proposed regulations described below have been submitted to Order 12866. The Regulatory Flexibility (Subparts A, B, and C) that would OMB for extension approval. This Act of 1980 (5 U.S.C. 601 et seq.) implement the preferred alternative collection of information will not be requires preparation of flexibility were included in the DEIS as an required until it has been approved by analyses for rules that will have a appendix. The DEIS and the proposed OMB. significant effect on a substantial administrative regulations presented a The collection of information will be number of small entities, which include framework for an annual regulatory achieved through the use of the Federal small businesses, organizations or cycle regarding subsistence hunting and Subsistence Hunt Permit Application. governmental jurisdictions. The fishing regulations (Subpart D). The This collection information will Departments have determined that this Final Environmental Impact Statement establish whether the applicant qualifies rulemaking will not have a significant (FEIS) was published on February 28, to participate in a Federal subsistence economic effect on a substantial number 1992. hunt on public land in Alaska and will of small entities within the meaning of Based on the public comment provide a report of harvest and location the Regulatory Flexibility Act. received, the analysis contained in the of harvest. This rulemaking will impose no FEIS, and the recommendations of the The likely respondents to this significant costs on small entities; the Federal Subsistence Board and the collection of information are rural exact number of businesses and the Department of the Interior’s Subsistence Alaska residents who wish to amount of trade that will result from this Federal land-related activity is Policy Group, it was the decision of the participate in specific subsistence hunts unknown. The aggregate effect is an Secretary of the Interior, with the on Federal land. The collected insignificant positive economic effect on concurrence of the Secretary of information is necessary to determine a number of small entities, such as Agriculture, through the U.S. harvest success and harvest location in ammunition, snowmachine, and Department of Agriculture-Forest order to make management decisions gasoline dealers. The number of small Service, to implement Alternative IV as relative to the conservation of healthy entities affected is unknown; but, the identified in the DEIS and FEIS (Record wildlife populations. The annual fact that the positive effects will be of Decision on Subsistence Management burden of reporting and recordkeeping for Federal Public Lands in Alaska seasonal in nature and will, in most is estimated to average 0.25 hours per (ROD), signed April 6, 1992). The DEIS cases, merely continue preexisting uses response, including time for reviewing and the selected alternative in the FEIS of public lands indicates that they will instructions, gathering and maintaining defined the administrative framework of not be significant. data, and completing and reviewing the an annual regulatory cycle for In general, the resources harvested form. The estimated number of likely subsistence hunting and fishing under this rule will be consumed by the respondents under this rule is less than regulations. The final rule for local harvester and do not result in a 5,000, yielding a total annual reporting Subsistence Management Regulations dollar benefit to the economy. However, and recordkeeping burden of 1,250 for Public Lands in Alaska, Subparts A, it is estimated that 2 million pounds of hours or less. B, and C (57 FR 22940–22964, meat are harvested by the local published May 29, 1992) implements Direct comments on the burden subsistence users annually and, if given the Federal Subsistence Management estimate or any other aspect of this form a dollar value of $3.00 per pound, Program and includes a framework for to: Information Collection Officer, U.S. would equate to $6 million State wide. an annual cycle for subsistence hunting Fish and Wildlife Service, 1849 C Street, Title VIII of ANILCA requires the and fishing regulations. NW, MS 224 ARLSQ, Washington, DC Secretaries to administer a subsistence Compliance with Section 810 of 20240; and the Office of Management preference on public lands. The scope of ANILCA.—The intent of all Federal and Budget, Paperwork Reduction this program is limited by definition to subsistence regulations is to accord Project (Subsistence), Washington, DC certain public lands. Likewise, these subsistence uses of fish and wildlife on 20503. Additional information regulations have no potential takings of public lands a priority over the taking collection requirements may be imposed private property implications as defined of fish and wildlife on such lands for if Local Advisory Committees subject to by Executive Order 12630. other purposes, unless restriction is the Federal Advisory Committee Act are The Service has determined and necessary to conserve healthy fish and established under Subpart B. certifies pursuant to the Unfunded wildlife populations. A Section 810 The Board finds that additional public Mandates Act, 2 U.S.C. 1502 et seq., that analysis was completed as part of the notice and comment requirements this rulemaking will not impose a cost FEIS process. The final Section 810 under the Administrative Procedures of $100 million or more in any given analysis determination appears in the Act (APA) for this final rule are year on local or state governments or April 6, 1992, ROD which concluded impracticable, unnecessary, and private entities. that the Federal Subsistence contrary to the public interest. A lapse The Service has determined that these Management Program, under in regulatory control could seriously final regulations meet the applicable Alternative IV with an annual process affect the continued viability of wildlife standards provided in Sections 3(a) and for setting hunting and fishing populations, adversely impact future 3(b)(2) of Executive Order 12988. regulations, may have some local subsistence opportunities for rural Drafting Information—These impacts on subsistence uses, but it does Alaskans, and would generally fail to regulations were drafted by William not appear that the program may serve the overall public interest. Knauer under the guidance of Thomas significantly restrict subsistence uses. Therefore, the Board finds good cause H. Boyd, of the Office of Subsistence Paperwork Reduction Act—These pursuant to 5 U.S.C.553(b)(B) to waive Management, Alaska Regional Office, rules contain information collection the public notice and comment U.S. Fish and Wildlife Service, requirements subject to Office of procedures prior to publication of this Anchorage, Alaska. Additional guidance Management and Budget (OMB) rule. The Board finds good cause under was provided by Peggy Fox, Alaska 39702 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

State Office, Bureau of Land For the reasons set out in the § ll.24 Customary and Traditional Management; Sandy Rabinowitch, preamble, Title 36, Part 242, and Title Use Determinations Alaska Regional Office, National Park 50, Part 100, of the Code of Federal Service; John Borbridge, Alaska Area Regulations, are amended as set forth (a) Rural Alaska residents of the listed Office, Bureau of Indian Affairs; and below. communities and areas have been Ken Thompson, USDA-Forest Service. determined to have customary and PART ll ÐSUBSISTENCE traditional subsistence use of the List of Subjects MANAGEMENT REGULATIONS FOR specified species on Federal public PUBLIC LANDS IN ALASKA 36 CFR Part 242 lands in the specified areas. When there 1. The authority citation for both 36 is a determination for specific Administrative practice and CFR Part 242 and 50 CFR Part 100 communities or areas of residence in a procedure, Alaska, Fish, National continues to read as follows: Unit, all other communities not listed Forests, Public lands, Reporting and Authority: 16 U.S.C. 3, 472, 551, 668dd, for that species in that Unit have no recordkeeping requirements, Wildlife. 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. Federal subsistence for that species in 1733. that Unit. If no determination has been 50 CFR Part 100 made for a species in a Unit, all rural Subpart CÐBoard Determinations Administrative practice and Alaska residents are eligible to harvest procedure, Alaska, Fish, Public lands, 2. In Subpart C of 36 CFR part 242 fish or wildlife under this Part. Reporting and recordkeeping and 50 CFR part 100, § ll.24 is requirements, Wildlife. revised to read as follows:

Area Species Determination

(1) Wildlife Determinations

Unit 1(C) ...... Black Bear ...... Rural residents of Unit 1(C) and Haines, Gustavus, Klukwan, and Hoonah. 1(A) ...... Brown Bear ...... Rural residents of Unit 1(A) except no subsistence for residents of Hyder. 1(B) ...... Brown Bear ...... Rural residents of Unit 1(A), Petersburg, and Wrangell, except no subsistence for residents of Hyder. 1(C) ...... Brown Bear ...... Rural residents of Unit 1(C), Haines, Hoonah, Klukwan, Skagway, and Wrangell, except no subsistence for residents of Gustavus. 1(D) ...... Brown Bear ...... Residents of 1(D). 1(A) ...... Deer ...... Rural residents of 1(A) and 2. 1(B) ...... Deer ...... Rural residents of Unit 1(A), residents of 1(B), 2 and 3. 1(C) ...... Deer ...... Rural residents of 1(C) and (D), and residents of Hoonah and Gustavus. 1(D) ...... Deer ...... No subsistence. 1(B) ...... Goat ...... No determination, except no subsistence for residents of Peters- burg, Kupreanof and outlying areas. 1(C) ...... Goat ...... Residents of Haines, Klukwan, and Hoonah. 1(B) The Stikine River drainages only ...... Moose ...... No determination. 1(B) North of the LeConte Glacier and 1(C) Moose ...... No subsistence. Berner's Bay. 1(D) ...... Moose ...... Residents of Unit 1(D). Unit 2 ...... Brown Bear ...... No subsistence. 2 ...... Deer ...... Rural residents of Unit 1(A) and residents of Units 2 and 3. Unit 3 ...... Deer ...... Residents of Unit 1(B) and 3, and residents of Port Alexander, Port Protection, Pt. Baker, and Meyer's Chuck. Unit 4 ...... Brown Bear ...... Residents of Unit 4 and Kake. 4 ...... Deer ...... Residents of Unit 4 and residents of Kake, Gustavus, Haines, Petersburg, Pt. Baker, Klukwan, Port Protection, Wrangell, and Yakutat. 4 ...... Goat ...... Residents of Sitka, Hoonah, Tenakee, Pelican, Funter Bay, Angoon, Port Alexander, and Elfin Cove. Unit 5 ...... Brown Bear ...... Residents of Yakutat. 5 ...... Deer ...... Residents of Yakutat. 5 ...... Moose ...... Residents of Unit 5(A). Unit 6(A) ...... Black Bear ...... Residents of Yakutat and residents of 6(C) and 6(D), except no subsistence for Whittier. 6, Remainder ...... Black Bear ...... Residents of Unit 6(C) and 6(D), except no subsistence for Whittier. 6 ...... Brown Bear ...... No subsistence. 6(C) and (D) ...... Goat ...... Rural residents of Unit 6(C) and (D). 6 ...... Moose ...... No subsistence. 6 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26. Unit 7 ...... Brown Bear ...... No subsistence. 7 ...... Caribou ...... No subsistence. 7, Brown Mountain hunt area ...... Goat ...... Residents of Port Graham and English Bay. 7 ...... Moose ...... No subsistence. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39703

Area Species Determination

7 ...... Sheep ...... No subsistence. Unit 8 ...... Brown Bear ...... Residents of Old Harbor, Akhiok, Larsen Bay, Karluk, Ouzinkie, and Port Lions. 8 ...... Deer ...... Residents of Unit 8. 8 ...... Elk ...... No subsistence. 8 ...... Goat ...... No subsistence. Unit 9(D) ...... Bison ...... No subsistence. 9(A), (C) and (D) ...... Brown Bear ...... No subsistence. 9(B) ...... Brown Bear ...... Residents of Unit 9(B). 9(E) ...... Brown Bear ...... Residents of Chignik Lake, Ivanof Bay and Perryville. 9(A) and (B) ...... Caribou ...... Residents of Units 9(B), 9(C) and 17. 9(C) ...... Caribou ...... Residents of Unit 9(B), 9(C), 17 and residents of Egegik. 9(D) ...... Caribou ...... Residents of Unit 9(D), and residents of False Pass. 9(E) ...... Caribou ...... Residents of Units 9(B), (C), (E), 17, and residents of Nelson Lagoon and Sand Point. 9(A), (B), (C) and (E) ...... Moose ...... Residents of Unit 9(A), (B), (C) and (E). 9(D) ...... Moose ...... No subsistence. 9(B) ...... Sheep ...... Residents of Iliamna, Newhalen, Nondalton, Pedro Bay, and Port Alsworth. 9 Remainder ...... Sheep ...... No determination. 9 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26. Unit 10 Unimak Island ...... Caribou ...... Residents of False Pass. 10 Remainder ...... Caribou ...... No determination. 10 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26. Unit 11 ...... Bison ...... No subsistence. 11 ...... Brown Bear ...... No subsistence. 11 ...... Caribou ...... Mentasta HerdÐresidents of Units 11, 12 (along Nabesna Road) and 13 (A)±(D) and the residents of Chickaloon. 11 ...... Goat ...... No subsistence. 11 ...... Moose ...... Residents of Unit 11, residents of Unit 12 (along Nabesna Road) and Unit 13 (A)±(D) and the residents of Chickaloon. 11 ...... Sheep ...... Residents of the communities and areas of Chisana, Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, McCarthy/South Wrangell/South Park, Tazlina and Tonsina; Residents along the Tok CuttoffÐMilepost 79±110 (Mentasta Pass), residents along the Nabesna RoadÐMilepost 0±46 (Nabesna Road), and residents along the McCarthy RoadÐMilepost 0±62 (McCarthy Road). However, no subsistence for the commu- nities and areas of Cantwell, Lake Louise, Paxson, North Slana Homestead, South Slana Homestead, Sourdough, Tanacross, Tok; residents along the Lake Louise RoadÐMile- post 0±14; residents on the Glenn HighwayÐMilepost 78±180 (east Glenn Highway and west Glenn Highway). 11 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26. 11 ...... Grouse (Spruce, Blue, Ruffed Residents of Units 11, 13 and the residents of Chickaloon, 15, and Sharp-tailed). 16, 20(D), 22 and 23. 11 ...... Ptarmigan (Rock, Willow and Residents of Units 11, 13 and the residents of Chickaloon, 15, White-tailed). 16, 20(D), 22 and 23. Unit 12 ...... Brown Bear ...... No subsistence. 12 ...... Caribou-Nelchina Herd ...... Residents of Northway and Tetlin. 12 ...... Caribou-40 Mile Herd ...... Residents of Unit 12, north of Wrangell-St. Elias National Park and Preserve and rural residents of Unit 20(D) and (E). 12 South of a line from Noyes Mountain, Moose ...... Residents of Unit 11 north of 62nd parallel (excluding North southeast of the confluence of Slana Homestead and South Slana Homestead); and resi- Tatschunda Creek to Nabesna River. dents of Unit 12, 13(A)±(D) and the residents of Chickaloon and residents of Dot Lake. 12 East of the Nabesna River, south of the Moose ...... Residents of Unit 12. Winter Trail from Pickerel Lake to the Ca- nadian Border. 12 Remainder of Unit 12 ...... Moose ...... Residents of Unit 12 and residents of Dot Lake and Mentasta Lake. 12, Tok Management area ...... Sheep ...... No subsistence. 12 Remainder of Unit 12 ...... Sheep ...... No determination. 12 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26. Unit 13 ...... Brown Bear ...... No subsistence. 13 ...... Caribou Nelchina Herd ...... Residents of Units 11, 13 and the residents of Chickaloon, and 12 (along Nabesna Road). 39704 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Area Species Determination

13(E) ...... Caribou ...... Residents of McKinley Village, and the area along the Parks Highway between milepost 216 and 239 (except no subsist- ence for residents of Denali National Park headquarters). 13(D) ...... Goat ...... No subsistence. 13 ...... Moose ...... Residents of Unit 13 and the residents of Chickaloon. 13(E) ...... Moose ...... Residents of McKinley Village, and the area along the Parks Highway between milepost 216 and 239 (except no subsist- ence for residents of Denali National Park headquarters). 13 Tok and Delta Management Areas ...... Sheep ...... No subsistence. 13(D) ...... Sheep ...... No subsistence. 13 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon, and 16±26. 13 ...... Grouse (Spruce, Blue, Ruffed & Residents of Units 11, 13 and the residents of Chickaloon, 15, Sharp-tailed). 16, 20(D), 22 & 23. 13 ...... Ptarmigan (Rock, Willow and Residents of Units 11, 13 and the residents of Chickaloon, 15, White-tailed). 16, 20(D), 22 & 23. Unit 14(B) and (C) ...... Brown Bear ...... No subsistence. 14 ...... Goat ...... No subsistence. 14 ...... Moose ...... No subsistence. 14(A) and (C) ...... Sheep ...... No subsistence. Unit 15(C) ...... Black Bear ...... Residents of Port Graham and Nanwalek only. 15 Remainder ...... Black Bear ...... No subsistence. 15 ...... Brown Bear ...... No subsistence. 15(C), Port Graham and English Bay hunt Goat ...... Residents of Port Graham and English Bay. areas. 15(C), Seldovia hunt area ...... Goat ...... Residents Seldovia area. 15(A) ...... Moose ...... No subsistence. 15(B) and (C) ...... Moose ...... Residents of Ninilchik, Nanwalek, Port Graham, and Seldovia. 15 ...... Sheep ...... No subsistence. 15 ...... Ptarmigan (Rock, Willow and Residents of Units 11, 13 and the residents of Chickaloon, 15, White-tailed). 16, 20(D), 22 and 23. 15 ...... Grouse (Spruce, Blue, Ruffed Residents of Units 11, 13 and the residents of Chickaloon, 15, and Sharp-tailed). 16, 20(D), 22 and 23. Unit 16 ...... Brown Bear ...... No subsistence. 16(A) ...... Moose ...... No subsistence. 16(B) ...... Moose ...... Residents of Unit 16(B). 16 ...... Sheep ...... No subsistence. 16 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon, and 16±26. 16 ...... Grouse (Spruce, Blue, Ruffed Residents of Units 11, 13 and the residents of Chickaloon, 15, and Sharp-tailed). 16, 20(D), 22 and 23. 16 ...... Ptarmigan (Rock, Willow and Residents of Units 11, 13 and the residents of Chickaloon, 15, White-tailed). 16, 20(D), 22 and 23. Unit 17(A) ...... Brown Bear ...... Residents of Unit 17, and residents of Goodnews Bay and Plati- num. 17(A) and (B) Those portions north and Brown Bear ...... Residents of Kwethluk. west of a line beginning from the Unit 18 boundary at the northwest end of Nenevok Lake, to the southern point of upper Togiak Lake, and northeast to the northern point of Nuyakuk Lake, north- east to the point where the Unit 17 boundary intersects the Shotgun Hills. 17(B) and (C) ...... Brown Bear ...... Residents of Unit 17. 17 ...... Caribou ...... Residents of Units 9(B), 17 and residents of Lime Village and Stony River. 17(A) and (B) Those portions north and Caribou ...... Residents of Kwethluk. west of a line beginning from the Unit 18 boundary at the northwest end of Nenevok Lake, to the southern point of upper Togiak Lake, and northeast to the northern point of Nuyakuk Lake, north- east to the point where the Unit 17 boundary intersects the Shotgun Hills.. 17(A) and (B) Those portions north and Moose ...... Residents of Kwethluk. west of a line beginning from the Unit 18 boundary at the northwest end of Nenevok Lake, to the southern point of upper Togiak Lake, and northeast to the northern point of Nuyakuk Lake,. 17(A) ...... Moose ...... Residents of Unit 17, and residents of Goodnews Bay and Plati- num. 17(B) and (C) ...... Moose ...... Residents of Unit 17, and residents of Nondalton, Levelock, Goodnews Bay and Platinum. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39705

Area Species Determination

17 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon, and 16±26. Unit 18 ...... Black Bear ...... Residents of Unit 18, residents of Unit 19(A) living downstream of the Holokuk River, and residents of Chuathbaluk, Aniak, Lower Kalskag, Holy Cross, Stebbins, St. Michael, and Togiak. 18 ...... Brown Bear ...... Residents of Akiachak, Akiak, Eek, Goodnews Bay, Kwethluk, Mt. Village, Napaskiak, Platinum, Quinhagak, St. Mary's, and Tuluksak. 18 ...... Caribou (Kilbuck caribou herd INTERIM DETERMINATION BY FEDERAL SUBSISTENCE only). BOARD (12/18/91): residents of Tuluksak, Akiak, Akiachak, Kwethluk, Bethel, Oscarville, Napaskiak, Napakiak, Kasigluk, Atmanthluak, Nunapitchuk, Tuntutliak, Eek, Quinhagak, Goodnews Bay, Platinum, Togiak, and Twin Hills. 18 North of the Yukon River ...... Caribou (except Kilbuck caribou Residents of Alakanuk, Andreafsky, Chevak, Emmonak, Hooper herd). Bay, Kotlik, Kwethluk, Marshall, Mountain Village, Pilot Sta- tion, Pitka's Point, Russian Mission, St. Mary's, St. Michael, Scammon Bay, Sheldon Point, and Stebbins. 18 Remainder ...... Caribou (except Kilbuck caribou Residents of Kwethluk. herd). 18 ...... Moose ...... Residents of Unit 18 and residents of Upper Kalskag. 18 ...... Muskox ...... No subsistence. 18 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26. Unit 19(C),(D) ...... Bison ...... No subsistence. 19(A) ...... Brown Bear ...... Residents of Unit 19(A), (D), and Residents of Tuluksak, Lower Kalskag and Kwethluk. 19(B) ...... Brown Bear ...... Residents of Kwethluk. 19(C) ...... Brown Bear ...... No subsistence. 19(D) ...... Brown Bear ...... Residents of Unit 19(A) and (D), and residents of Tulusak and Lower Kalskag. 19(A) and (B) ...... Caribou ...... Residents of Unit 19(A) and (B) and Kwethluk; and residents of Unit 18 in Kuskokwim Drainage and Kuskokwim Bay during the winter season. 19(C) ...... Caribou ...... Residents of Unit 19(C), and residents of Lime Village, McGrath, Nikolai, and Telida. 19(D) ...... Caribou ...... Residents of Unit 19(D), and residents of Lime Village, Sleetmute and Stony River. 19(A) and (B) ...... Moose ...... Residents of Unit 18 within Kuskokwim River drainage upstream from and including the Johnson River, and Unit 19. 19(C) ...... Moose ...... Residents of Unit 19. 19(D) ...... Moose ...... Residents of Unit 19 and residents of Lake Minchumina. 19 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26. Unit 20(D) ...... Bison ...... No subsistence. 20(E) ...... Brown Bear ...... No subsistence. 20(A), (C) (Delta, Yanert, and 20(C) herds) Caribou ...... No determination, except no subsistence for residents of house- and (D). holds of the Denali National Park Headquarters. 20(D) and 20(E) ...... Caribou 40-Mile Herd ...... Residents of Unit 12 north of Wrangell Park-Preserve, rural resi- dents of 20(D) and residents of 20(E). 20(A) ...... Moose ...... Residents of Cantwell, Minto, and Nenana, McKinley Village, the area along the Parks Highway between mileposts 216 and 239, except no subsistence for residents of households of the Denali National Park Headquarters. 20(B) ...... Moose ...... Minto Flats Management AreaÐresidents of Minto and Nenana. 20(B) ...... Moose ...... RemainderÐrural residents of Unit 20(B), and residents of Nenana and Tanana. 20(C) ...... Moose ...... Rural residents of Unit 20(C) (except that portion within Denali National Park and Preserve and that portion east of the Teklanika River), and residents of Cantwell, Manley, Minto, Nenana, the Parks Highway from milepost 300±309, Nikolai, Tanana, Telida, McKinley Village, and the area along the Parks Highway between mileposts 216 and 239. No subsist- ence for residents of households of the Denali National Park Headquarters. 20(D) ...... Moose ...... Rural residents of Unit 20(D) and residents of Tanacross. 20(F) ...... Moose ...... Residents of Unit 20(F), Manley, Minto and Stevens Village. 20 Tok and Delta Management Areas ...... Sheep ...... No subsistence. 20 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon, and 16±26. 20(D) ...... Grouse, (Spruce, Blue, Ruffed Residents of Units 11, 13 and the residents of Chickaloon, 15, and Sharp-tailed). 16, 20(D), 22 and 23. 20(D) ...... Ptarmigan (Rock, Willow and Residents of Units 11, 13 and the residents of Chickaloon, 15, White-tailed). 16, 20(D), 22 and 23. 39706 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Area Species Determination

Unit 21 ...... Brown Bear ...... Rural residents of Unit 21 and 23. 21 ...... Caribou, Western Arctic Cari- Residents of Unit 21(D) west of the Koyukuk and Yukon Rivers, bou Herd only. and residents of 23 and 24. 21(A) and (E) ...... Caribou ...... Residents of Unit 21(A) and Aniak, Chuathbaluk, Crooked Creek, Grayling, Holy Cross, McGrath, Shageluk and Takotna. 21(A) ...... Moose ...... Residents of Unit 21(A), (E), Takotna, McGrath, Aniak and Crooked Creek. 21(B) and (C) ...... Moose ...... Residents of Unit 21(B) and (C), residents of Tanana and Ga- lena. 21(D) ...... Moose ...... Residents of Unit 21(D), and residents of Huslia and Ruby. 21(E) ...... Moose ...... Residents of Unit 21(E) and residents of Russian Mission. 21 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon, and 16±26. Unit 22 ...... Brown Bear ...... Residents of Unit 22 22(A) ...... Caribou, ...... Residents of Unit 21(D) west of the Koyukuk and Yukon Rivers, and residents of Units 22 (except residents of St. Lawrence Island), 23, 24, and residents of Kotlik, Emmonak, Marshall, Mountain Village, Pilot Station, Pitka's Point, Russian Mission, St. Mary's, Sheldon Point, and Alakanuk. 22 Remainder ...... Caribou ...... Residents of Unit 21(D) west of the Koyukuk and Yukon Rivers, and residents of Units 22 (except residents of St. Lawrence Island), 23, 24. 22 ...... Moose ...... Residents of Unit 22. 22(B) ...... Muskox ...... Residents of Unit 22(B). 22(C) ...... Muskox ...... Residents of Unit 22(C). 22(D) ...... Muskox ...... Residents of Unit 22(D) excluding St. Lawrence Island. 22(E) ...... Muskox ...... Residents of Unit 22(E) excluding Little Diomede Island. 22 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26. 22 ...... Grouse (Spruce, Blue, Ruffed Residents of Units 11, 13 and the residents of Chickaloon, 15, and Sharp-tailed). 16, 20(D), 22 and 23. 22 ...... Ptarmigan (Rock, Willow and Residents of Units 11, 13 and the residents of Chickaloon, 15, White-tailed). 16, 20(D), 22 and 23. Unit 23 ...... Brown Bear ...... Rural residents of Units 21 and 23. 23 ...... Caribou Western Arctic Caribou Residents of Unit 21(D) west of the Koyukuk and Yukon Rivers, Herd only. and residents of Unit 23, 24, and 26(A). 23 South of Kotzebue Sound and west of, Caribou Western Arctic Caribou Residents of Unit 21(D) west of the Koyukuk and Yukon Rivers, and including, the Buckland River drain- Herd only. and residents of Unit 22 (except residents of St. Lawrence Is- age. land), 23, 24, and 26(A). 23 Remainder ...... Caribou other than the Western No determination Arctic Caribou Herd. 23 ...... Moose ...... Residents of Unit 23. 23 South of Kotzebue Sound and west of Muskox ...... Residents of Unit 23 South of Kotzebue Sound and west of and and including the Buckland River drain- including the Buckland River drainage. age. 23 Remainder ...... Muskox ...... No subsistence. 23 ...... Sheep ...... Residents of Unit 23 north of the Arctic Circle. 23 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon, and 16±26. 23 ...... Grouse (Spruce, Blue, Ruffed Residents of Units 11, 13 and the residents of Chickaloon, 15, and Sharp-tailed). 16, 20(D), 22 and 23. 23 ...... Ptarmigan (Rock, Willow and Residents of Units 11, 13 and the residents of Chickaloon, 15, White-tailed). 16, 20(D), 22 and 23. Unit 24 ...... Brown Bear ...... Residents of Unit 24 and Wiseman, but not including any other residents of the Dalton Highway Corridor Management Area. 24 ...... Moose ...... Residents of Unit 24, and residents of Anaktuvuk Pass, Koyukuk and Galena. 24 ...... Sheep ...... Residents of Unit 24 residing north of the Arctic Circle and resi- dents of Allakaket, Alatna and Anaktuvuk Pass. 24 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26. Unit 25 ...... Brown Bear ...... No subsistence. 25(A) ...... Moose ...... Residents of Unit 25(A) and 25(D). 25(D) West ...... Moose ...... Residents of Beaver, Birch Creek and Stevens Village. 25(D) Remainder ...... Moose ...... Residents of Remainder of Unit 25. 25(A) ...... Sheep ...... Residents of Arctic Village, Chalkytsik, Fort Yukon, Kaktovik and Venetie. 25(B) and (C) ...... Sheep ...... No subsistence. 25 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26. Unit 26 ...... Brown Bear ...... Residents of Unit 26 (except the Prudhoe Bay-Deadhorse In- dustrial Complex) and residents of Anaktuvuk Pass and Point Hope. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39707

Area Species Determination

26(A) ...... Caribou ...... Residents of Unit 26 and the residents of Anaktuvuk Pass and Point Hope. 26(B) ...... Caribou ...... Residents of Unit 26 and the residents of Anaktuvuk Pass, Point Hope, and Wiseman. 26(C) ...... Caribou ...... Residents of Unit 26 and the residents of Anaktuvuk Pass and Point Hope. 26 ...... Moose ...... Residents of Unit 26, (except the Prudhoe Bay-Deadhorse In- dustrial Complex), and residents of Point Hope and Anaktuvuk Pass. 26(A) ...... Muskox ...... Residents of Anaktuvuk Pass, Atqasuk, Barrow, Nuiqsut, Point Hope, Point Lay, and Wainwright. 26(B) ...... Musk Oxen ...... Residents of Anaktuvuk Pass, Nuiqsut, and Kaktovik. 26(C) ...... Musk Oxen ...... Residents of Kaktovik. 26 (A) and (B) ...... Sheep ...... Residents of Anaktuvuk Pass, Kaktovik, Nuiqsut and Wiseman. 26(C) ...... Sheep ...... Residents of Arctic Village, Chalkytsik, Fort Yukon, Kaktovik, Nuiqsut and Venetie. 26 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26.

(2) Fish and Shellfish Determinations

KOTZEBUE-NORTHERN AREA±Northern All finfish ...... Residents of the Northern District, except for those domiciled in District. State of Alaska Unit 26±B. Kotzebue District ...... Salmon, sheefish, char ...... Residents of the Kotzebue District. NORTON SOUND±PORT CLARENCE Salmon ...... Residents of the Norton Sound-Port Clarence Area. AREA. YUKON AREA ...... Salmon ...... Residents of the Yukon Area, including the communities of Stebbins. Yukon River Fall chum salmon Residents of the Yukon River drainage, including the commu- nities of Stebbins, Scammon Bay, and Chevak. Freshwater fish species, includ- Residents of the Yukon Area. ing sheefish, whitefish, lam- prey, burbot, sucker, grayling, pike, char, and blackfish. KUSKOKWIM AREA ...... Salmon ...... Residents of the Kuskokwim Area, except those persons resid- ing on the United States military installation located on Cape Newenham, Sparevohn USAFB, and Tatalina USAFB. Rainbow trout ...... Residents of the communities of Quinhagak, Goodnews Bay, Kwethluk, Eek, Akiak, and Platinum. Pacific cod ...... Residents of the communities of Chevak, Newtok, Tununak, Toksook Bay, Nightmute, Chefornak, Kipnuk, Mekoryuk, Kwigillingok, Kongiganak, Eek, and Tuntutuliak. Waters adjacent to the western-most tip of Herring and herring roe ...... Residents within 20 miles of the coast between the westernmost the Naskonant Peninsula and the ter- tip of the Naskonant Peninsula and the terminus of the minus of the Ishowik River and around Ishowik River and on Nunivak Island. Nunivak Island. BRISTOL BAY AREAÐNushagak District, Salmon ...... Residents of the Nushagak District and freshwater drainages including drainages flowing into the dis- flowing into the district. trict. Naknek-Kvichek DistrictÐNaknek River Salmon ...... Residents of the Naknek and Kvichak River drainages. drainage. Naknek-Kvichek DistrictÐIliamna-Lake Salmon ...... Residents of the Iliamna-Lake Clark drainage. Clark drainage. Togiak District, including drainages flowing Salmon and other freshwater Residents of the Togiak District, freshwater drainages flowing into the district. finfish. into the district, and the community of Manokotak. KODIAK AREAÐexcept the Mainland Dis- Salmon ...... Residents of the Kodiak Island Borough, except those residing trict, all waters along the southside of the on the Kodiak Coast Guard Base. Alaska Peninsula bounded by the latitude of Cape Douglas (58°52′ North latitude) mid-stream Shelikof Strait, and west of the longitude of the southern entrance of Kmuya Bay near Kilokak Rocks (57°11′22′′ North latitude, 156°20′30′′ W longitude). KODIAK AREAÐexcept the Semidi Island, King crab ...... Residents of the Kodiak Island Borough except those residents the North Mainland, and the South Main- on the Kodiak Coast Guard base. land Sections. COOK INLET AREAÐPort Graham Subdis- Dolly Varden ...... Residents of Port Graham and English Bay. trict. Port Graham Subdistrict and Koyuktolik Salmon ...... Residents of Port Graham and English Bay. Subdistrict. Tyonek Subdistrict ...... Salmon ...... Residents of the village of Tyonek. 39708 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Area Species Determination

PRINCE WILLIAM SOUND AREAÐSouth- Salmon ...... Residents of the Southwestern District which is mainland waters Western District and Green Island. from the outer point on the north shore of Granite Bay to Cape Fairfield, and Knight Island, Chenega Island, Bainbridge Island, Evans Island, Elrington Island, Latouche Island and adjacent islands. PRINCE WILLIAM SOUND AREAÐNorth Salmon ...... Residents of the villages of Tatitlek and Ellamar. of a line from Porcupine Point to Granite Point, and south of a line from Point Lowe to Tongue Point. YAKUTAT AREAÐFreshwater upstream Salmon ...... Residents of the area east of Yakutat Bay, including the islands from the terminus of streams and rivers within Yakutat Bay, west of the Situk River drainage, and of the Yakutat Area from the Doame south of and including Knight Island. River to the Tsiu River. Freshwater upstream from the terminus of Dolly Varden char, steelhead Residents of the area east of Yakutat Bay, including the islands streams and rivers of the Yakutat Area trout, and smelt. within Yakutat Bay, west of the Situk River drainage, and from the Doame River to Point Manby. south of and including Knight Island. SOUTH-EASTERN ALASKA AREAÐDis- Salmon and Dolly Varden char Residents of the City of Saxman. trict 1ÐSection 1±E in waters of the Naha River and Roosevelt Lagoon. District 1ÐSection 1±F in Boca de Quadra Salmon and Dolly Varden char Residents of the City of Saxman. in waters of Sockeye Creek and Hugh Smith Lake within 500 yards of the ter- minus of Sockeye Creek. District 2ÐNorth of the latitude of the north- Salmon and Dolly Varden char Residents of the City of Kasaan and in the drainage of the ern-most tip of Chasina Point and west of southeastern shore of the Kasaan Peninsula west of 132°20′ a line from the northern-most tip of W. long. and east of 132°25′ W. long. Chasina Point to the eastern-most tip of Grindall Island to the eastern-most tip of the Kasaan Peninsula. District 3ÐSection 3±A ...... Salmon and Dolly Varden char Residents of the townsite of Hydaburg. District 3ÐSection 3±B in waters east of a Salmon, Dolly Varden char, and Residents of the City of Klawock and on Prince of Wales Island line from Point Ildefonso to Tranquil Point. steelhead trout. within the boundaries of the Klawock Heenya Corporation land holdings as they exist in January 1989, and those resi- dents of the City of Craig and on Prince of Wales Island with- in the boundaries of the Shan Seet Corporation land holdings as they exist in January 1989. District 3ÐSection 3±C in waters of Sarkar Salmon, Dolly Varden char, and Residents of the City of Klawock and on Prince of Wales Island Lakes. steelhead trout. within the boundaries of the Klawock Heenya Corporation land holdings as they exist in January 1989, and those resi- dents of the City of Craig and on Prince of Wales Island with- in the boundaries of the Shan Seet Corporation land holdings as they exist in January 1989. District 5ÐNorth of a line from Point Barrie Salmon and Dolly Varden char Residents of the City of Kake and in Kupreanof Island drain- to Boulder Point. ages emptying into Keku Strait south of Point White and north of Portage Bay boat harbor. District 9ÐSection 9±A ...... Salmon and Dolly Varden char Residents of the City of Kake and in Kupreanof Island drain- ages emptying into Keku Strait south of Point White and north of the Portage Bay boat harbor. District 9ÐSection 9±B north of the latitude Salmon and Dolly Varden char Residents of the City of Kake and in Kupreanof Island drain- of Swain Point. ages emptying into Keku Strait south of Point White and north of the Portage Bay boat harbor. District 10ÐWest of a line from Pinta Point Salmon and Dolly Varden char Residents of the City of Kake and in Kupreanof Island drain- to False Point Pybus. ages emptying into Keku Strait south of Point White and north of the Portage Bay boat harbor. District 12ÐSouth of a line from Fishery Salmon and Dolly Varden char Residents of the City of Angoon and along the western shore of Point to south Passage Point and north Admiralty Island north of the latitude of Sand Island, south of of the latitude of Point Caution. the latitude of Thayer Creek, and west of 134°30′ W. long., including Killisnoo Island. District 13ÐSection 13±A south of the lati- Sockeye salmon ...... Residents of the City and Borough of Sitka in drainages which tude of Cape Edward. empty into Section 13±B north of the latitude of Dorothy Nar- rows. District 13ÐSection 13±B north of the lati- Sockeye salmon ...... Residents of the City and Borough of Sitka in drainages which tude of Redfish Cape. empty into Section 13±B north of the latitude of Dorothy Nar- rows. District 13ÐSection 13±C ...... Sockeye salmon ...... Residents of the City and Borough of Sitka in drainages which empty into Section 13±B north of the latitude of Dorothy Nar- rows. District 13ÐSection 13±C east of the lon- Salmon and Dolly Varden char Residents of the City of Angoon and along the western shore of gitude of Point Elizabeth. Admiralty Island north of the latitude of Sand Island, south of the latitude of Thayer Creek, and west of 134°30′ W. long., including Killisnoo Island. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39709

Area Species Determination

District 14ÐSection 14±B and 14±C ...... Salmon, smelt and Dolly Residents of the City of Hoonah and in Chichagof Island drain- Varden char. ages on the eastern shore of Port Frederick from Gartina Creek to Point Sophia. District 15ÐChilkat and Chilkoot Rivers ...... Salmon and smelt ...... Residents west of the Haines highway between Mile 20 and Mile 24 and east of the Chilkat River, Haines, excluding resi- dents in the drainage of Excursion Inlet.

(b) [Reserved] Designated hunter means a Federally any one person in a Unit or portion of qualified, licensed hunter who may take a Unit in which the taking occurs. Subpart DÐSubsistence Taking of all or a portion of another Federally Highway means the driveable surface Fish and Wildlife qualified, licensed hunter’s harvest of any constructed road. Household means that group of 3. In Subpart D of 36 CFR 36 part 242 limit(s) only under situations approved people residing in the same residence. and 50 CFR part 100, § ll.25 is added by the Board. Hunting means the taking of wildlife effective August 1, 1996, through June Edible meat means the breast meat of within established hunting seasons with 30, 1997, to read as follows: ptarmigan and grouse, and, those parts archery equipment or firearms, and as § ll.25 Subsistence taking of of black bear, brown and grizzly bear, authorized by a required hunting wildlife. caribou, deer, mountain goat, moose, musk oxen, and Dall sheep that are license. (a) Definitions. The following Marmot collectively refers to all definitions shall apply to all regulations typically used for human consumption which are: the meat of the ribs, neck, species of marmot that occur in Alaska contained in this section. including the hoary marmot, Alaska ADF&G means the Alaska Department brisket, front quarters as far as the juncture of the humerus and radius-ulna marmot, and the woodchuck. of Fish and Game. Motorized vehicle means a motor- Aircraft means any kind of airplane, (elbow), hindquarters as far as the distal joint (bottom) of the tibia-fibula (hock) driven land, air or water conveyance. glider, or other device used to transport Open season means the time when people or equipment through the air, and that portion of the animal between the front and hindquarters; however, wildlife may be taken by hunting or excluding helicopters. trapping; an open season includes the Airport means an airport listed in the edible meat of species listed above does not include: meat of the head, meat that first and last days of the prescribed Federal Aviation Administration, season period. Alaska Airman’s Guide and chart has been damaged and made inedible by the method of taking, bones, sinew, and Otter means river or land otter only, supplement. excluding sea otter. Animal means those species with a incidental meat reasonably lost as a result of boning or close trimming of the Permit hunt means a hunt for which vertebral column (backbone). State or Federal permits are issued by Antler means one or more solid, horn- bones, or viscera. Federally-qualified subsistence user registration or other means. like appendages protruding from the Poison means any substance which is means a rural Alaska resident qualified head of a caribou, deer, or moose. toxic, or poisonous upon contact or to harvest fish or wildlife on Federal Antlered means any caribou, deer, or ingestion. public lands in accordance with the moose having at least one visible antler. Possession means having direct Federal Subsistence Management Antlerless means any caribou, deer, or physical control of wildlife at a given Regulations in this part. moose not having visible antlers time or having both the power and attached to the skull. Fifty-inch (50-inch) moose means a intention to exercise dominion or Bear means black bear, or brown or bull moose with an antler spread of 50 control of wildlife either directly or grizzly bear. inches or more. through another person or persons. Bow means a longbow, recurve bow, Full curl horn means the horn of a Ptarmigan collectively refers to all or compound bow, excluding a Dall sheep ram; the tip of which has species found in Alaska, including crossbow, or any bow equipped with a grown through 360 degrees of a circle white-tailed ptarmigan, rock ptarmigan, mechanical device that holds arrows at described by the outer surface of the and willow ptarmigan. full draw. horn, as viewed from the side, or that Ram means a male Dall sheep. Broadhead means an arrowhead that both horns are broken, or that the sheep Registration permit means a permit is not barbed and has two or more steel is at least 8 years of age as determined which authorizes hunting and is issued cutting edges having a minimum cutting by horn growth annuli. to a person who agrees to the specified diameter of not less than seven-eighths Furbearer means a beaver, coyote, hunting conditions. Hunting permitted inch. arctic fox, red fox, lynx, marten, mink, by a registration permit begins on an Brow tine means a tine on the front weasel, muskrat, river (land) otter, red announced date and continues portion of a moose antler, typically squirrel, flying squirrel, ground squirrel, throughout the open season, or until the projecting forward from the base of the marmot, wolf or wolverine. season is closed by Board action. antler toward the nose. Grouse collectively refers to all Registration permits are issued in the Buck means any male deer. species found in Alaska, including order applications are received and/or Bull means any male moose, caribou, spruce grouse, ruffed grouse, blue are based on priorities as determined by or musk oxen. grouse and sharp-tailed grouse. 50 CFR 100.17 and 36 CFR 242.17. Closed season means the time when Hare or hares collectively refers to all Sealing means placing a mark or tag wildlife may not be taken. species of hares (commonly called on a portion of a harvested animal by an Cub bear means a brown or grizzly rabbits) in Alaska and includes authorized representative of the ADF&G; bear in its first or second year of life, or snowshoe hare and tundra hare. sealing includes collecting and a black bear (including cinnamon and Harvest limit means the number of recording information about the blue phases) in its first year of life. any one species permitted to be taken by conditions under which the animal was 39710 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations harvested, and measurements of the (1) Except for special provisions yards horizontally, and the arrow and specimen submitted for sealing, or found at paragraphs (k)(1) through (26) broadhead together weigh at least one surrendering a specific portion of the of this section, the following methods ounce (437.5 grains); animal for biological information. and means of taking wildlife for (xiv) Using bait for taking ungulates, Seven-eighths curl horn means the subsistence uses are prohibited: bear, wolf, or wolverine; except, bait horn of a male Dall sheep, the tip of (i) Shooting from, on, or across a may be used to take wolves and which has grown through seven-eights highway; wolverine with a trapping license, and, (315 degrees) of a circle, described by (ii) Using any poison; bait may be used to take black bears the outer surface of the horn, as viewed (iii) Using a helicopter in any manner, with a hunting license as authorized in from the side, or with both horns including transportation of individuals, Unit-specific regulations at paragraphs broken. equipment or wildlife; however, this (k)(1) through (26) of this section. Skin, hide, pelt or fur mean any prohibition does not apply to Baiting of black bears is subject to the tanned or untanned external covering of transportation of an individual, gear, or following restrictions: an animal’s body; excluding bear. The wildlife during an emergency rescue (A) No person may establish a black skin, hide, fur or pelt of a bear shall operation in a life threatening situation; bear bait station unless he or she first mean the entire external covering with (iv) Taking wildlife from a motorized registers the site with ADF&G; claws attached. land or air vehicle, when that vehicle is (B) A person using bait shall clearly Spike-fork moose means a bull moose in motion or from a motor-driven boat mark the site with a sign reading ‘‘black with only one or two tines on either when the boat’s progress from the bear bait station’’ that also displays the antler; male calves are not spike-fork motor’s power has not ceased; person’s hunting license number and bulls. (v) Using a motorized vehicle to drive, ADF&G assigned number; Take or Taking means to pursue, herd, or molest wildlife; (C) Only biodegradable materials may hunt, shoot, trap, net, capture, collect, (vi) Using or being aided by use of a be used for bait; only the head, bones, kill, harm, or attempt to engage in any machine gun, set gun, or a shotgun viscera, or skin of legally harvested fish such conduct. larger than 10 gauge; and wildlife may be used for bait; Tine or antler point refers to any point (vii) Using a firearm other than a (D) No person may use bait within on an antler, the length of which is shotgun, muzzle-loaded rifle, rifle or one-quarter mile of a publicly greater than its width and is at least one pistol using center-firing cartridges, for maintained road or trail; inch. the taking of ungulates, bear, wolves or (E) No person may use bait within one Transportation means to ship, wolverine, except that— mile of a house or other permanent convey, carry or transport by any means (A) An individual in possession of a dwelling, or within one mile of a whatever, and deliver or receive for valid trapping license may use a firearm developed campground, or developed such shipment, conveyance, carriage, or that shoots rimfire cartridges to take recreational facility; transportation. wolves and wolverine; (F) A person using bait shall remove Trapping means the taking of (B) A muzzle-loading rifle of .54- litter and equipment from the bait furbearers within established trapping caliber or larger, or a .45-caliber muzzle- station site when hunting is completed; seasons and with a required trapping loading rifle with a 250-grain, or larger, (G) No person may give or receive license. elongated slug may be used to take remuneration for the use of a bait Unclassified wildlife or unclassified brown bear, black bear, moose, musk station, including barter or exchange of species means all species of animals not oxen and mountain goat; goods; otherwise classified by the definitions (viii) Using or being aided by use of (H) No person may have more than herein, or regulated under other Federal a pit, fire, artificial light, radio two bait stations with bait present at any law as listed in paragraph (i) of this communication, artificial salt lick, one time; section. explosive, barbed arrow, bomb, smoke, (xv) Taking swimming ungulates, Ungulate means any species of hoofed chemical, conventional steel trap with a bear, wolves or wolverine; mammal, including deer, caribou, jaw spread over nine inches, or conibear (xvi) Taking or assisting in the taking moose, mountain goat, Dall sheep, and style trap with a jaw spread over 11 of ungulates, bear, wolves, wolverine, or musk oxen. inches; other furbearers before 3:00 a.m. Unit means one of the 26 geographical (ix) Using a snare, except that an following the day in which airborne areas in the State of Alaska known as individual in possession of a valid travel occurred (except for flights in Game Management Units, or GMU, and hunting license may use nets and snares regularly scheduled commercial collectively listed in this section as to take unclassified wildlife, ptarmigan, aircraft); however this restriction does Units. grouse, or hares; and, individuals in not apply to subsistence taking of deer; Wildlife means any hare (rabbit), possession of a valid trapping license (xvii) Taking a bear cub or a sow ptarmigan, grouse, ungulate, bear, may use snares to take furbearers; accompanied by cub(s). furbearer, or unclassified species and (x) Using a trap to take ungulates or (2) Wildlife taken in defense of life or includes any part, product, egg, or bear; property is not a subsistence use; offspring thereof, or carcass or part (xi) Using hooks to physically snag, wildlife so taken is subject to State thereof. impale or otherwise take wildlife; regulations. (b) Wildlife may be taken for however, hooks may be used as a trap (3) The following methods and means subsistence uses by any method, except drag; of trapping furbearers, for subsistence as prohibited in this section or by other (xii) Using a crossbow in any area uses pursuant to the requirements of a Federal statute. Taking wildlife for restricted to hunting by bow and arrow trapping license are prohibited, in subsistence uses by a prohibited method only to take ungulates, bear, wolf or addition to the prohibitions listed at is a violation of this part. Seasons are wolverine; paragraph (b)(1) of this section: closed unless opened by Federal (xiii) Taking of ungulates, bear, wolf, (i) Disturbing or destroying a den, regulation. Hunting or trapping during a or wolverine with a bow, unless the bow except that any muskrat pushup or closed season or in an area closed by is capable of casting a 7/8 inch wide feeding house may be disturbed in the this part is prohibited. broadhead-tipped arrow at least 175 course of trapping; Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39711

(ii) Disturbing or destroying any take additional animals under the transport the moose carcass or its parts beaver house; harvest limit specified for a hunting unless both antlers accompany the (iii) Taking beaver by any means other season or vice versa. carcass or its parts. A person possessing than a steel trap or snare, except that (5) A brown/grizzly bear taken in a a set of antlers with less than the firearms may be used in certain Units Unit or portion of a Unit having a required number of brow tines on one with established seasons as identified in harvest limit of one brown/grizzly bear antler shall leave the antlers naturally Unit-specific regulations found in this per year counts against a one brown/ attached to the unbroken, uncut skull subpart; grizzly bear every four regulatory years plate; however, this paragraph (iv) Taking otter with a steel trap harvest limit in other Units; an (c)(10)(iii) does not apply to a moose having a jaw spread of less than five and individual may not take more than one carcass or its parts that have been seven-eighths inches during any closed brown/grizzly bear in a regulatory year. butchered and placed in storage or mink and marten season in the same (6) A harvest limit applies to the otherwise prepared for consumption Unit; number of animals that can be taken after arrival at the place where it is to (v) Using a net, or fish trap (except a during a regulatory year; however, be stored or consumed. blackfish or fyke trap); harvest limits for grouse, ptarmigan, and (d) A person who takes an animal that (vi) Taking beaver in the Minto Flats caribou (in some Units) are regulated by has been marked or tagged for scientific Management Area with the use of an the number that may be taken per day. studies must, within a reasonable time, aircraft for ground transportation, or by Harvest limits of grouse and ptarmigan notify the ADF&G or the agency landing within one mile of a beaver trap are also regulated by the number that identified on the collar or marker, when or set used by the transported person; can be held in possession. and where the animal was taken. Any (vii) Taking or assisting in the taking (7) Unless otherwise provided, any ear tag, collar, radio, tattoo, or other of furbearers by firearm before 3:00 a.m. person who gives or receives wildlife identification must be retained with the on the day following the day on which shall furnish, upon a request made by a hide until it is sealed, if sealing is airborne travel occurred; however, this Federal or State agent, a signed required; in all cases, any identification does not apply to a trapper using a statement describing the following: equipment must be returned to the firearm to dispatch furbearers caught in names and addresses of persons who ADF&G or to an agency identified on a trap or snare. gave and received wildlife, the time and such equipment. (c) Possession and Transportation of place that the wildlife was taken, and (e) Sealing of bear skins and skulls. Wildlife. identification of species transferred. (1) Sealing requirements for bear shall (1) Except as specified in paragraph Where a qualified subsistence user has apply to brown bears taken in all Units, (c)(3)(ii) or (c)(4) of this section, or as designated another qualified subsistence except as specified below, and black otherwise provided, no person may take user to take wildlife on his or her behalf bears of all color phases taken in Units a species of wildlife in any Unit, or in accordance with § ll.6, the permit 1–7, 11–16, and 20. portion of a Unit, if that person’s total shall be furnished in place of a signed (2) No person may possess or statewide take of that species has statement. transport from Alaska, the untanned already been obtained under Federal (8) A rural Alaska resident who has skin or skull of a bear unless the skin and State regulations in other Units, or been designated to take wildlife on and skull have been sealed by an portions of other Units. behalf of another rural Alaska resident authorized representative of ADF&G in (2) An animal taken under Federal or in accordance with § ll.6, shall accordance with State or Federal State regulations by any member of a promptly deliver the wildlife to that regulations, except that the skin and community with an established rural Alaska resident. skull of a brown bear taken under a community harvest limit for that species (9) No person may possess, transport, registration permit in the Western counts toward the community harvest give, receive or barter wildlife that was Alaska Brown Bear Management Area, limit for that species. Except for wildlife taken in violation of Federal or State the Northwest Alaska Brown Bear taken pursuant to § ll.6(f)(3) or as statutes or a regulation promulgated Management Area, Unit 5, or Unit 9(B) otherwise provided for by this Part, an thereunder. need not be sealed unless removed from animal taken as part of a community (10) Evidence of sex and identity. the area. harvest limit counts toward every (i) If subsistence take of Dall sheep is (3) A person who possesses a bear community member’s harvest limit for restricted to a ram, no person may shall keep the skin and skull together that species taken under Federal or State possess or transport a harvested sheep until a representative of the ADF&G has of Alaska regulations. unless both horns accompany the removed a rudimentary premolar tooth (3) Harvest limits. animal. from the skull and sealed both the skull (i) Harvest limits, including those (ii) If the subsistence taking of an and the skin; however, this provision related to ceremonial uses, authorized ungulate, except sheep, is restricted to shall not apply to brown bears taken by this section and bag limits one sex in the local area, no person may within the Western Alaska Brown Bear established in State regulations may not possess or transport the carcass of an Management Area, the Northwest be accumulated. animal taken in that area unless Alaska Brown Bear Management Area, (ii) Wildlife taken by a designated sufficient portions of the external sex Unit 5, or Unit 9(B) which are not hunter for another person pursuant to organs remain attached to indicate removed from the Management Area or § ll.6(f)(2), counts toward the conclusively the sex of the animal; Unit. individual harvest limit of the person however, this paragraph (c)(10)(ii) does (i) In areas where sealing is required for whom the wildlife is taken. not apply to the carcass of an ungulate by Federal regulations, no person may (4) The harvest limit specified for a that has been butchered and placed in possess or transport the hide of a bear trapping season for a species and the storage or otherwise prepared for which does not have the penis sheath or harvest limit set for a hunting season for consumption upon arrival at the vaginal orifice naturally attached to the same species are separate and location where it is to be consumed. indicate conclusively the sex of the distinct. This means that a person who (iii) If a moose harvest limit includes bear. has taken a harvest limit for a particular an antler size or configuration (ii) If the skin or skull of a bear taken species under a trapping season may restriction, no person may possess or in the Western Alaska Brown Bear 39712 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Management Area is removed from the (iv) Unclassified wildlife. identified at paragraphs (k)(1) through area, it must first be sealed by an (2) A person taking wildlife for (26) of this section. ADF&G representative in Bethel, subsistence shall salvage the following (1) Unit 1. Unit 1 consists of all Dillingham, or McGrath; at the time of parts for human use: mainland drainages from Dixon sealing, the ADF&G representative shall (i) The hide of a wolf, wolverine, Entrance to Cape Fairweather, and those remove and retain the skin of the skull coyote, fox, lynx, marten, mink, weasel islands east of the center line of and front claws of the bear. or otter; Clarence Strait from Dixon Entrance to (iii) If the skin or skull of a bear taken (ii) The hide and edible meat of a Caamano Point, and all islands in in the Northwestern Alaska Brown Bear brown bear, except that the hide of Stephens Passage and Lynn Canal north Management Area is removed from the brown bears taken in the Western and of Taku Inlet: area, it must first be sealed by an Northwestern Alaska Brown Bear (i) Unit 1(A) consists of all drainages ADF&G representative in Barrow, Management Areas and Units 5 and 9(B) south of the latitude of Lemesurier Point Fairbanks, Galena, or Kotzebue; at the need not be salvaged; including all drainages into Behm time of sealing, the ADF&G (iii) The hide and edible meat of a Canal, excluding all drainages of Ernest representative shall remove and retain black bear; Sound; the skin of the skull and front claws of (iv) The hide or meat of squirrels, (ii) Unit 1(B) consists of all drainages the bear. hares (rabbits), marmots, beaver, between the latitude of Lemesurier (iv) If the skin or skull of a bear taken muskrats, or unclassified wildlife. Point and the latitude of Cape Fanshaw in Unit 5 is removed from the area, it (3) Failure to salvage edible meat of including all drainages of Ernest Sound must first be sealed by an ADF&G ungulates, bear, or grouse and ptarmigan and Farragut Bay, and including the representative in Yakutat; at the time of is prohibited. islands east of the center lines of sealing, the ADF&G representative shall (4) Failure to salvage the edible meat Frederick Sound, Dry Strait (between remove and retain the skin of the skull may not be a violation if such failure is Sergief and Kadin Islands), Eastern and front claws of the bear. caused by circumstances beyond the Passage, Blake Channel (excluding (v) If the skin or skull of a bear taken control of a person, including theft of Blake Island), Ernest Sound and Seward in Unit 9(B) is removed from the area, the harvested wildlife, unanticipated Passage; it must first be sealed by an ADF&G weather conditions, or unavoidable loss (iii) Unit 1(C) consists of that portion representative in Port Alsworth or King to another animal. of Unit 1 draining into Stephens Passage Salmon; at the time of sealing, the (i) The regulations found in this and Lynn Canal north of Cape Fanshaw ADF&G representative shall remove and section do not apply to the subsistence and south of the latitude of Eldred Rock retain the skin of the skull and front taking and use of wildlife regulated including Berners Bay, Sullivan Island, claws of the bear. pursuant to the Fur Seal Act of 1966 (80 and all mainland portions north of (4) No person may falsify any Stat. 927, 16 U.S.C. 1187), the Chichagof Island and south of the information required on the sealing Endangered Species Act of 1973 (87 latitude of Eldred Rock, excluding certificate or temporary sealing form Stat. 884, 16 U.S.C. 1531–1543), the drainages into Farragut Bay; provided by the ADF&G in accordance Marine Mammal Protection Act of 1972 (iv) Unit 1(D) consists of that portion with State regulations. (86 Stat. 1027; 16 U.S.C. 1361–1407), of Unit 1 north of the latitude of Eldred (f) Sealing of beaver, lynx, marten, and the Migratory Bird Treaty Act (40 Rock, excluding Sullivan Island and the otter, wolf, and wolverine. No person Stat. 755; 16 U.S.C. 703–711), or any drainages of Berners Bay; may possess or transport from Alaska amendments to these Acts. The taking (v) In the following areas, the taking the untanned skin of a marten taken in and use of wildlife, covered by these of wildlife for subsistence uses is Units 1–5, 7, 13(E), and 14–16 or the Acts, will conform to the specific prohibited or restricted on public lands: untanned skin of a beaver, lynx, otter, provisions contained in these Acts, as (A) Public lands within Glacier Bay wolf, or wolverine, whether taken inside amended, and any implementing National Park are closed to all taking of or outside the state, unless the skin has regulations. wildlife for subsistence uses; been sealed by an authorized (B) Unit 1(A)—in the Hyder area, the representative of ADF&G in accordance (j) Rural residents, non-rural Salmon River drainage downstream with State regulations. residents, and nonresidents not (g) A person who takes a species specifically prohibited by Federal from the Riverside Mine, excluding the listed in paragraph (f) of this section but regulations from hunting or trapping on Thumb Creek drainage, is closed to the who is unable to present the skin in public lands in an area, may hunt or taking of bear; person, must complete and sign a trap on public lands in accordance with (C) Unit 1(B)—the Anan Creek temporary sealing form and ensure that the appropriate State regulations. drainage is closed to the taking of black the completed temporary sealing form (k) Unit Regulations. Subsistence bear; and skin are presented to an authorized taking of unclassified wildlife, all (D) Unit 1(C): representative of ADF&G for sealing squirrel species, and marmots is (1) The area within one-fourth mile of consistent with requirements listed in allowed in all Units, without harvest Mendenhall Lake, the U.S. Forest paragraph (f) of this section. limits, for the period of July 1–June 30. Service Mendenhall Glacier Visitor’s (h) Utilization of Wildlife. Subsistence taking of wildlife outside Center, and the Center’s parking area, is (1) No person may use wildlife as established Unit seasons, or in excess of closed to hunting; food for a dog or furbearer, or as bait, the established Unit harvest limits, is (2) The area of Mt. Bullard bounded except for the following: prohibited unless otherwise modified by by the Mendenhall Glacier, Nugget (i) The hide, skin, viscera, head, or subsequent regulation. Taking of Creek from its mouth to its confluence bones of wildlife; wildlife under State regulations on with Goat Creek, and a line from the (ii) The skinned carcass of a furbearer; public lands is permitted, except as mouth of Goat Creek north to the (iii) Squirrels, hares (rabbits), grouse otherwise restricted at paragraphs (k)(1) Mendenhall Glacier, is closed to the and ptarmigan; however, the breast meat through (26) of this section. Additional taking of mountain goat; of grouse and ptarmigan may not be Unit-specific restrictions or allowances (vi) In Unit 1(C), Juneau area, the used as animal food or bait; for subsistence taking of wildlife are trapping of furbearers for subsistence Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39713 uses is prohibited on the following Sheep Creek Trail, and Point Bishop (3) Each person who takes wildlife public lands: Trail; under this section must, as soon as (A) A strip within one-quarter mile of (vii) Unit-specific regulations: practicable, and not more than 15 days the mainland coast between the end of (A) Bait may be used to hunt black after the harvest, submit a written report Thane Road and the end of Glacier bear in Units 1(A), 1(B), and 1(D) to the appropriate Federal land Highway at Echo Cove; between April 15 and June 15; managing agency, specifying the harvester’s name and address, the (B) That area of the Mendenhall (B) Boats may not be used to take number, sex and species of wildlife Valley bounded on the south by the ungulates, bear, wolves, or wolverine, taken, the date and locations of the Glacier Highway, on the west by the except for persons certified as disabled; taking, and the name of the decedent for Mendenhall Loop Road and Montana (C) The taking of wildlife outside the whom the ceremony was held; Creek Road and Spur Road to seasons or harvest limits provided in (4) No permit or harvest ticket is Mendenhall Lake, on the north by this part for food in traditional religious required for taking under this section; Mendenhall Lake, and on the east by the ceremonies which are part of a funerary however, the harvester must be an Mendenhall Loop Road and Forest or mortuary cycle, including memorial Alaska rural resident with customary Service Glacier Spur Road to the Forest potlatches, is authorized in Units 1–5 and traditional use in that area where Service Visitor Center; provided that: the harvesting will occur; (C) That area within the U.S. Forest (1) The person organizing the (D) A Federally-qualified subsistence Service Mendenhall Glacier Recreation religious ceremony, or designee, contact user (recipient) may designate another Area; the appropriate Federal land Federally-qualified subsistence user to (D) A strip within one-quarter mile of management agency prior to taking or take deer on his or her behalf unless the the following trails as designated on attempting to take game and provides to recipient is a member of a community U.S. Geological Survey maps: Herbert the appropriate Federal land managing operating under a community harvest Glacier Trail, Windfall Lake Trail, agency the name of the decedent, the system. The designated hunter must Peterson Lake Trail, Spaulding nature of the ceremony, the species and obtain a designated hunter permit and Meadows Trail (including the loop number to be taken, the Unit(s) in which must return a completed harvest report. trail), Nugget Creek Trail, Outer Point the taking will occur; The designated hunter may hunt for any Trail, Dan Moller Trail, Perseverance (2) The taking does not violate number of recipients but may have no Trail, Granite Creek Trail, Mt. Roberts recognized principles of fish and more than two harvest limits in his/her Trail and Nelson Water Supply Trail, wildlife conservation; possession at any one time.

Harvest limits Open season

Hunting

Black Bear: 2 bears, no more than one may be a blue or glacier bear ...... Sept. 1±June 30. Brown Bear: 1 bear every four regulatory years by State registration permit only ...... Sept. 15±Dec. 31. Mar. 15±May 31. Deer: Unit 1(A)Ð4 antlered deer ...... Aug. 1ÐDec. 31. Unit 1(B)Ð2 antlered deer ...... Aug. 1±Dec. 31. Unit 1(C)Ð4 deer; however, antlerless deer may be taken only from Sept. 15±Dec. 31 ...... Aug. 1±Dec. 31. Goat: Unit 1(A)ÐRevillagigedo Island only ...... No open season. Unit 1(B)Ðthat portion north of the Bradfield Canal and the North Fork of the Bradfield River, excluding that portion Aug. 1±Dec. 31. between LeConte Bay and the North Fork of Bradfield River/Canal. 1 goat by State registration permit only; the taking of kids or nannies accompanied by kids is prohibited. Unit 1(B)Ðthat portion between LeConte Bay and the North Fork of Bradfield River/Canal. 2 goats; a State registra- Aug. 1±Dec. 31. tion permit will be required for the taking of the first goat and a Federal registration permit for the taking of a sec- ond goat; the taking of kids or nannies accompanied by kids is prohibited. Unit 1(A) and Unit 1(B)ÐRemainderÐ2 goats by State registration permit only ...... Aug. 1±Dec. 31. Unit 1(C)Ðthat portion draining into Lynn Canal and Stephens Passage between Antler River and Eagle Glacier and RiverÐ1 goat by State registration permit only. Unit 1(C)Ðthat portion draining into Stephens Passage and Taku Inlet between Eagle Glacier and River and Taku No open season. Glacier, and all drainages of the Chilkat Range south of the Endicott River. Remainder of Unit 1(C)Ð1 goat by State registration permit only ...... Aug. 1±Nov. 30. Unit 1(D)Ðthat portion lying north of the Katzehin River and northeast of the Haines highwayÐ1 goat by State reg- Sept. 15±Nov. 30. istration permit only. Unit 1(D)Ðthat portion lying between Taiya Inlet and River and the White Pass and Yukon Railroad ...... No open season. Remainder of Unit 1(D)Ð1 goat by State registration permit only ...... Aug. 1±Dec. 31. Moose: Unit 1(A)Ð1 antlered bull ...... Sept. 15±Oct. 15. Unit 1(B)Ðsouth and east of LeConte Bay and GlacierÐ1 antlered bull with spike-fork or 50-inch antlers or 3 or Sept. 15±Oct. 15. more brow tines on either antler, by State registration permit. Remainder of Unit 1(B) ...... No open season. Unit 1(C), that portion south of Point Hobart including all Port Houghton drainagesÐ1 antlered bull with spike-fork or Sept. 15±Oct. 15. 50-inch antlers or 3 or more brow tines on either antler, by State registration permit. Remainder of Unit 1(C)Ðexcluding drainages of Berners BayÐ1 antlered bull by State registration permit only ...... Sept. 15±Oct. 15. Unit 1(D) ...... No open season. 39714 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Harvest limits Open season

Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black, and Silver Phases): 2 foxes ...... Nov. 1±Feb. 15. Hare (Snowshoe and Tundra): 5 hares per day ...... Sept. 1±Apr. 30. Lynx: 2 lynx ...... Dec. 1±Feb. 15. Wolf: 5 wolves ...... Aug 1±Apr. 30. Wolverine: 1 wolverine ...... Nov. 10±Feb. 15. Grouse (Spruce, Blue Ruffed, and Sharp-tailed): 5 per day, 10 in possession ...... Aug. 1±May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1±May 15.

Trapping

Beaver: Unit 1(A), (B), and (C)ÐNo limit ...... Dec. 1±May 15. Coyote: No limit ...... Dec. 1±Feb. 15. Fox, Red (including Cross, Black, and Silver Phases): No limit ...... Dec. 1±Feb. 15. Lynx: No limit ...... Dec. 1±Feb. 15. Marten: No limit ...... Dec. 1±Feb. 15. Mink and Weasel: No limit ...... Dec. 1±Feb. 15. Muskrat: No limit ...... Dec. 1±Feb. 15. Otter: No limit ...... Dec. 1±Feb. 15. Wolf: No limit ...... Nov. 10±Apr. 30. Wolverine: No limit ...... Nov. 10±Apr. 30.

(2) Unit 2. Unit 2 consists of Prince of the appropriate Federal land (4) No permit or harvest ticket is Wales Island and all islands west of the management agency prior to taking or required for taking under this section; center lines of Clarence Strait and attempting to take game and provides to however, the harvester must be an Kashevarof Passage, south and east of the appropriate Federal land managing Alaska rural resident with customary the center lines of Sumner Strait, and agency the name of the decedent, the and traditional use in that area where east of the longitude of the western most nature of the ceremony, the species and the harvesting will occur; point on Warren Island. number to be taken, the Unit(s) in which (i) Unit-specific regulations: the taking will occur; (D) A Federally-qualified subsistence (A) Bait may be used to hunt black (2) The taking does not violate user (recipient) may designate another bear between April 15 and June 15; recognized principles of fish and Federally-qualified subsistence user to (B) Boats may not be used to take wildlife conservation; take deer on his or her behalf unless the ungulates, bear, wolves, or wolverine, (3) Each person who takes wildlife recipient is a member of a community except for persons certified as disabled; under this section must, as soon as operating under a community harvest (C) The taking of wildlife outside the practicable, and not more than 15 days system. The designated hunter must seasons or harvest limits provided in after the harvest, submit a written report obtain a designated hunter permit and this part for food in traditional religious to the appropriate Federal land must return a completed harvest report. ceremonies which are part of a funerary managing agency, specifying the The designated hunter may hunt for any or mortuary cycle, including memorial harvester’s name and address, the number of recipients but may have no potlatches, is authorized in Units 1–5 number, sex and species of wildlife more than two harvest limits in his/her provided that: taken, the date and locations of the possession at any one time. (1) The person organizing the taking, and the name of the decedent for religious ceremony, or designee, contact whom the ceremony was held; (ii) [Reserved] Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39715

Harvest limits Open season

Hunting

Black Bear: 2 bears, no more than one may be a blue or glacier bear ...... Sept. 1±June 30. Deer: 4 deer; however, no more than one may be an antlerless deer. Antlerless deer may be taken only during the period Aug. 1±Dec. 31. Oct. 15±Dec. 31. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black, and Silver Phases): 2 foxes ...... Nov. 1±Feb. 15. Hare (Snowshoe and Tundra): 5 hares per day ...... Sept. 1±Apr. 30. Lynx: 2 lynx ...... Dec. 1±Feb. 15. Wolf: 5 wolves ...... Aug. 1±Apr. 30. Wolverine: 1 wolverine ...... Nov. 10±Feb. 15. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 5 per day, 10 in possession ...... Aug. 1±May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1±May 15.

Trapping

Beaver: No limit ...... Dec. 1±May 15. Coyote: No limit ...... Dec. 1±Feb. 15. Fox, Red (including Cross, Black, and Silver Phases): No limit ...... Dec. 1±Feb. 15. Lynx: No limit ...... Dec. 1±Feb. 15. Marten: No limit ...... Dec. 1±Feb. 15. Mink and Weasel: No limit ...... Dec. 1±Feb. 15. Muskrat: No limit ...... Dec. 1±Feb. 15. Otter: No limit ...... Dec. 1±Feb. 15. Wolf: No limit ...... Nov. 10±Apr. 30. Wolverine: No limit ...... Nov. 10±Apr. 30.

(3) Unit 3. (i) Unit 3 consists of all mile wide on each side of Blind Slough, management agency prior to taking or islands west of Unit 1(B), north of Unit from the hunting closure markers at the attempting to take game and provides to 2, south of the center line of Frederick southernmost portion of Blind Island to the appropriate Federal land managing Sound, and east of the center line of the hunting closure markers one mile agency the name of the decedent, the Chatham Strait including Coronation, south of the Blind Slough bridge, are nature of the ceremony, the species and Kuiu, Kupreanof, Mitkof, Zarembo, closed to all hunting. number to be taken, the Unit(s) in which Kashevarof, Woronkofski, Etolin, (iii) Unit-specific regulations: the taking will occur; (A) Bait may be used to hunt black Wrangell, and Deer Islands. (2) The taking does not violate (ii) In the following areas, the taking bear between April 15 and June 15; recognized principles of fish and of wildlife for subsistence uses is (B) Boats may not be used to take wildlife conservation; prohibited or restricted on public lands: ungulates, bear, wolves, or wolverine, (A) In the Petersburg vicinity, a strip except for persons certified as disabled; (3) Each person who takes wildlife one-fourth mile wide on each side of the (C) The taking of wildlife outside the under this section must, as soon as Mitkof Highway from Milepost 0 to seasons or harvest limits provided in practicable, and not more than 15 days Crystal Lake campground is closed to this part for food in traditional religious after the harvest, submit a written report the taking of ungulates, bear, wolves ceremonies which are part of a funerary to the appropriate Federal land and wolverine; or mortuary cycle, including memorial managing agency, specifying the (B) The Petersburg Creek drainage on potlatches, is authorized in Units 1–5 harvester’s name and address, the Kupreanof Island is closed to the taking provided that: number, sex and species of wildlife of black bears; (1) The person organizing the taken, the date and locations of the (C) Blind Slough draining into religious ceremony, or designee, contact taking, and the name of the decedent for Wrangell Narrows and a strip one-fourth the appropriate Federal land whom the ceremony was held; 39716 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

(4) No permit or harvest ticket is (D) A Federally-qualified subsistence obtain a designated hunter permit and required for taking under this section; user (recipient) may designate another must return a completed harvest report. however, the harvester must be an Federally-qualified subsistence user to The designated hunter may hunt for any Alaska rural resident with customary take deer on his or her behalf unless the number of recipients but may have no and traditional use in that area where recipient is a member of a community more than two harvest limits in his/her the harvesting will occur; operating under a community harvest possession at any one time. system. The designated hunter must

Harvest limits Open season

Hunting

Black Bear: 2 bears, no more than one may be a blue or glacier bear ...... Sept. 1±June 30. Deer: Unit 3ÐMitkof Island, Woewodski Island, Butterworth Islands, and that portion of Kupreanof Island which includes Oct. 15±Oct. 31. Lindenburg Peninsula east of the Portage Bay/Duncan Canal PortageÐ1 antlered deer by State registration per- mit only; however, the city limits of Petersburg and Kupreanof are closed to hunting. Remainder of Unit 3Ð2 antlered deer ...... Aug. 1±Nov. 30. Moose: Unit 3ÐMitkof and Wrangell IslandsÐ1 antlered bull with spike-fork or 50-inch antlers or 3 or more brow tines on Sept. 15±Oct. 15. either antler by State registration permit only. Remainder of Unit 3...... No open season. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black, and Silver Phases): 2 foxes ...... Nov. 1±Feb. 15. Hare (Snowshoe and Tundra): 5 hares per day ...... Sept. 1±Apr. 30. Lynx: 2 lynx ...... Dec. 1±Feb. 15. Wolf: 5 wolves ...... Aug. 1±Apr. 30. Wolverine: 1 wolverine ...... Nov. 10±Feb. 15. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 5 per day, 10 in possession ...... Aug. 1±May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1±May 15.

Trapping

Beaver: Unit 3ÐMitkof Island ...... Dec. 1±Apr. 15. No limit. Unit 3Ðexcept Mitkof Island. No limit ...... Dec. 1±May 15. Coyote: No limit ...... Dec. 1±Feb. 15. Fox, Red (including Cross, Black, and Silver Phases): No limit ...... Dec. 1±Feb. 15. Lynx: No limit ...... Dec. 1±Feb. 15. Marten: No limit ...... Dec. 1±Feb. 15. Mink and Weasel: No limit ...... Dec. 1±Feb. 15. Muskrat: No limit ...... Dec. 1±Feb. 15. Otter: No limit ...... Dec. 1±Feb. 15. Wolf: No limit ...... Nov. 10±Apr. 30. Wolverine: No limit ...... Nov. 10.±Apr. 30.

(4) Unit 4. (i) Unit 4 consists of all (ii) In the following areas, the taking Canal between Staunch Point and the islands south and west of Unit 1(C) and of wildlife for subsistence uses is southernmost tip of the unnamed north of Unit 3 including Admiralty, prohibited or restricted on public lands: peninsula separating Swan Cove and Baranof, Chichagof, Yakobi, Inian, (A) The Seymour Canal Closed Area King Salmon Bay including Swan and Lemesurier, and Pleasant Islands. (Admiralty Island) including all drainages into northwestern Seymour Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39717

Windfall Islands, is closed to the taking (B) A Federally-qualified subsistence nature of the ceremony, the species and of bears; user (recipient) may designate another number to be taken, the Unit(s) in which (B) The Salt Lake Bay Closed Area Federally-qualified subsistence user to the taking will occur; (Admiralty Island) including all lands take deer on his or her behalf unless the (2) The taking does not violate within one-fourth mile of Salt Lake recipient is a member of a community recognized principles of fish and above Klutchman Rock at the head of operating under a community harvest wildlife conservation; Mitchell Bay, is closed to the taking of system. The designated hunter must bears; obtain a designated hunter permit and (3) Each person who takes wildlife (C) Port Althorp (Chichagof Island), must return a completed harvest report. under this section must, as soon as that area within the Port Althorp The designated hunter may hunt for any practicable, and not more than 15 days watershed south of a line from Point number of recipients but may have no after the harvest, submit a written report Lucan to Salt Chuck Point (Trap Rock), more than two harvest limits in his/her to the appropriate Federal land is closed to the taking of brown bears; possession at any one time; managing agency, specifying the (D) Northeast Chichagof Controlled harvester’s name and address, the (C) The taking of wildlife outside the Use Area (NECCUA) consisting of all number, sex and species of wildlife seasons or harvest limits provided in portions of Unit 4 on Chichagof Island taken, the date and locations of the this part for food in traditional religious north of Tenakee Inlet and east of the taking, and the name of the decedent for ceremonies which are part of a funerary drainage divide from the northwest whom the ceremony was held; point of Gull Cove to Port Frederick or mortuary cycle, including memorial (4) No permit or harvest ticket is Portage, including all drainages into potlatches, is authorized in Units 1—5 required for taking under this section; Port Frederick and Mud Bay, is closed provided that: however, the harvester must be an to the use of any motorized land vehicle (1) The person organizing the Alaska rural resident with customary for brown bear hunting, or for the taking religious ceremony, or designee, contact and traditional use in that area where of marten, mink, or weasel. the appropriate Federal land (iii) Unit-specific regulations: management agency prior to taking or the harvesting will occur; (A) Boats may not be used to take attempting to take game and provides to (D) Chichagof Island is closed to the bear, wolves, or wolverine, except for the appropriate Federal land managing use of any motorized land vehicle for persons certified as disabled; agency the name of the decedent, the the taking of marten, mink, and weasel.

Harvest limits Open season

Hunting

Brown Bear: Unit 4ÐChichagof Island south and west of a line that follows the crest of the island from Rock Point (58° N. lat., Sept. 15±Dec. 31. 136°21′ W. long.), to Rodgers Point (57°35′ N. lat., 135°33′ W. long.) including Yakobi and other adjacent islands; Mar. 15±May 31. Baranof Island south and west of a line which follows the crest of the island from Nismeni Point (57°34′ N. lat., 135°25′ W. long.), to the entrance of Gut Bay (56°44′ N. lat. 134°38′ W. long.) including the drainages into Gut Bay and including Kruzof and other adjacent islandsÐ1 bear every four regulatory years by State registration per- mit only. Unit 4Ðthat portion in the Northeast Chichagof Controlled Use AreaÐ1 bear every four regulatory years by State Mar. 15±May 20. registration permit only. Remainder of Unit 4Ð1 bear every four regulatory years by State registration permit only ...... Sept. 15±Dec. 31. Mar. 15±May 20. Deer: 6 deer; however, antlerless deer may be taken only from Sept. 15±Jan. 31 ...... Aug. 1±Jan. 31. Goat: 1 goat by State registration permit only ...... Aug. 1±Dec. 31. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black, and Silver Phases): 2 foxes ...... Nov. 1±Feb. 15. Hare (Snowshoe and Tundra). 5 hares per day ...... Sept. 1±Apr. 30. Lynx: 2 lynx ...... Dec. 1±Feb. 15. Wolf: 5 wolves ...... Aug. 1±Apr. 30. Wolverine: 1 wolverine ...... Nov. 10±Feb. 15. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 5 per day, 10 in possession ...... Aug. 1±May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1.±May 15.

Trapping

Beaver: Unit 4Ðthat portion east of Chatham StraitÐNo limit ...... Dec. 1±May 15. Remainder of Unit 4 ...... No open season. Coyote: No limit ...... Dec. 1±Feb. 15. 39718 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Harvest limits Open season

Fox, Red (including Cross, Black, and Silver Phases): No limit ...... Dec. 1±Feb. 15. Lynx: No limit ...... Dec. 1±Feb. 15. Marten: Unit 4ÐChichagof IslandÐNo limit ...... Dec. 1±Dec. 31. Remainder of Unit 4ÐNo limit ...... Dec. 1±Feb. 15. Mink and Weasel: Unit 4ÐChichagof IslandÐNo limit ...... Dec. 1±Dec. 31. Remainder of Unit 4ÐNo limit ...... Dec. 1±Feb. 15. Muskrat: No limit ...... Dec. 1±Feb. 15. Otter: No limit ...... Dec. 1±Feb. 15. Wolf: No limit ...... Nov. 10±Apr. 30. Wolverine: No limit ...... Nov. 10±Apr. 30.

(5) Unit 5. (i) Unit 5 consists of all that the hunter has obtained a Federal managing agency, specifying the Gulf of Alaska drainages and islands registration permit prior to hunting; harvester’s name and address, the between Cape Fairweather and the (D) The taking of wildlife outside the number, sex and species of wildlife center line of Icy Bay, including the seasons or harvest limits provided in taken, the date and locations of the Guyot Hills: this part for food in traditional religious taking, and the name of the decedent for (A) Unit 5(A) consists of all drainages ceremonies which are part of a funerary whom the ceremony was held; east of Yakutat Bay, Disenchantment or mortuary cycle, including memorial (4) No permit or harvest ticket is Bay, and the eastern edge of Hubbard potlatches, is authorized in Units 1–5 required for taking under this section; Glacier, and includes the islands of provided that: however, the harvester must be an (1) The person organizing the Yakutat and Disenchantment Bays; Alaska rural resident with customary religious ceremony, or designee, contact (B) Unit 5(B) consists of the remainder and traditional use in that area where the appropriate Federal land of Unit 5. the harvesting will occur; management agency prior to taking or (ii) Public lands within Glacier Bay attempting to take game and provides to (E) A Federally-qualified subsistence National Park are closed to all taking of the appropriate Federal land managing user (recipient) may designate another wildlife for subsistence uses. agency the name of the decedent, the Federally-qualified subsistence user to (iii) Unit-specific regulations: nature of the ceremony, the species and take deer or moose on his or her behalf (A) Bait may be used to hunt black number to be taken, the Unit(s) in which unless the recipient is a member of a bear between April 15 and June 15; the taking will occur; community operating under a (B) Boats may not be used to take (2) The taking does not violate community harvest system. The ungulates, bear, wolves, or wolverine, recognized principles of fish and designated hunter must obtain a except for persons certified as disabled; wildlife conservation; designated hunter permit and must (C) Unit 5 is open to brown bear (3) Each person who takes wildlife return a completed harvest report. The hunting by Federal registration permit under this section must, as soon as designated hunter may hunt for any in lieu of a State metal locking tag; no practicable, and not more than 15 days number of recipients but may have no State metal locking tag is required for after the harvest, submit a written report more than two harvest limits in his/her taking a brown bear in Unit 5, provided to the appropriate Federal land possession at any one time.

Harvest limits Open season

Hunting

Black Bear: 2 bears, no more than one may be a blue or glacier bear ...... Sept. 1±June 30. Brown Bear: 1 bear by Federal registration permit only ...... Sept. 1±May 31. Deer: Unit 5(A)Ð1 buck ...... Nov.1±Nov. 30. Unit 5(B) ...... No open season. Goat: 1 goat by Federal registration permit only ...... Aug. 1±Jan. 31. Moose: Unit 5(A), Nunatak BenchÐ1 moose by State registration permit only. The season will be closed when 5 moose Nov. 15±Feb. 15. have been taken from the Nunatak Bench. Unit 5(A), except Nunatak BenchÐ1 antlered bull by Federal registration permit only. The season will be closed Oct. 8±Nov. 15. when 60 antlered bulls have been taken from the Unit. The season will be closed in that portion west of the Dan- gerous River when 30 antlered bulls have been taken in that area. From Oct. 15±Oct. 21, public lands will be closed to taking of moose, except by rural Alaska residents of Unit 5(A). Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39719

Harvest limits Open season

Unit 5(B)Ð1 antlered bull by State registration permit only. The season will be closed when 25 antlered bulls have Sept. 1±Dec. 15. been taken from the entirety of Unit 5(B). Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes...... Nov. 1±Feb. 15. Hare (Snowshoe and Tundra): 5 hares per day ...... Sept. 1±Apr. 30. Lynx: 2 lynx ...... Dec. 1±Feb. 15. Wolf: 5 wolves ...... Aug. 1±Apr. 30. Wolverine: 1 wolverine ...... Nov. 10±Feb. 15. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 5 per day, 10 in possession ...... Aug. 1±May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1±May 15.

Trapping

Beaver: No limit ...... Nov. 10±May 15. Coyote: No limit ...... Dec. 1±Feb. 15. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Dec. 1±Feb. 15. Lynx: No limit ...... Dec. 1±Feb. 15. Marten: No limit ...... Nov. 10±Feb. 15. Mink and Weasel: No limit ...... Nov. 10±Feb. 15. Muskrat: No limit ...... Dec. 1±Feb. 15. Otter: No limit ...... Nov. 10±Feb. 15. Wolf: No limit ...... Nov. 10±Apr. 30. Wolverine: No limit ...... Nov. 10±Apr. 30.

(6) Unit 6. (i) Unit 6 consists of all drainages west of Palm Point near portion of Unit 6(B) bounded on the Gulf of Alaska and Prince William Katalla, east of the west bank of the north by Miles Lake and Miles Glacier, Sound drainages from the center line of Copper River, and east of a line from on the south and east by Pleasant Valley Icy Bay (excluding the Guyot Hills) to Flag Point to Cottonwood Point; River and Pleasant Glacier, and on the Cape Fairfield including Kayak, (C) Unit 6(C) consists of drainages west by the Copper River, is closed to Hinchinbrook, Montague, and adjacent west of the west bank of the Copper the taking of mountain goat; islands, and Middleton Island, but River, and west of a line from Flag Point (B) The Heney Range goat observation excluding the Copper River drainage to Cottonwood Point, and drainages east area, which consists of that portion of upstream from Miles Glacier, and of the east bank of Rude River and Unit 6(C) south of the Copper River excluding the Nellie Juan and Kings drainages into the eastern shore of Highway and west of the Eyak River, is River drainages: Nelson Bay and Orca Inlet; closed to the taking of mountain goat. (D) Unit 6(D) consists of the (A) Unit 6(A) consists of Gulf of (iii) Unit-specific regulations: remainder of Unit 6. Alaska drainages east of Palm Point near (ii) For the following areas, the taking (A) Bait may be used to hunt black Katalla including Kanak, Wingham, and of wildlife for subsistence uses is bear between April 15 and June 15; Kayak Islands; prohibited or restricted on public lands: (B) Coyotes may be taken in Units (B) Unit 6(B) consists of Gulf of (A) The Goat Mountain goat 6(B) and 6(C) with the aid of artificial Alaska and Copper River Basin observation area, which consists of that lights.

Harvest limits Open season

Hunting

Black Bear: 1 bear ...... Sept. 1±June 30. Deer: 4 deer; however, antlerless deer may be taken only from Oct. 1±Dec. 31 ...... Aug. 1±Dec. 31. 39720 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Harvest limits Open season

Goats: Unit 6(A), (B)±1 goat by State registration permit only ...... Aug. 20±Jan. 31. Unit 6(C) ...... No open season. Unit 6(D) (subareas RG242,RG244, RG249, RG266 and RG252 only)Ð1 goat by Federal registration permit only ... Aug. 20±Jan. 31. In each of the Unit 6(D) subareas, goat seasons will be closed when harvest limits for that subarea are reached. Harvest quotas are as follows: RG242Ð2 goats, RG244Ð2 goats, RG249Ð2 goats, RG266Ð4 goats, RG252Ð1 goat. Unit 6(D) (subareas RG243 and RG245)ÐThe taking of goats is prohibited on all public lands ...... No open season. Coyote: Unit 6(A) and (D)Ð2 coyotes ...... Sept. 1±Apr. 30. Unit 6(B)ÐNo limit ...... July 1±June 30. Unit 6(C)ÐSouth of the Copper River Highway and east of the Heney RangeÐNo limit ...... July 1±June 30. Remainder of Unit 6(C)ÐNo limit ...... July 1±June 30. Fox, Red (including Cross, Black and Silver Phases) ...... No open season. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx No open season. Wolf: 5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1ÐMar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 5 per day, 10 in possession ...... Aug. 1±May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1±May 15.

Trapping

Beaver: TrappingÐ20 beaver per season ...... Dec. 1±Mar. 31. Coyote: Unit 6(A), (B) and (D)ÐNo limit ...... Nov. 10±Mar. 31. Unit 6(C)ÐSouth of the Copper River Highway and east of the Heney RangeÐNo limit ...... Nov. 10±Apr. 30. Remainder of Unit 6(C)ÐNo limit ...... Nov. 10±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10±Feb. 28. Marten: No limit ...... Nov. 10±Jan. 31. Mink and Weasel: No limit ...... Nov. 10±Jan. 31. Muskrat: No limit ...... Nov. 10±June 10. Otter: No limit ...... Nov. 10±Mar. 31. Wolf: No limit ...... Nov. 10±Mar. 31. Wolverine: No limit ...... Nov. 10±Feb. 28.

(7) Unit 7. (i) Unit 7 consists of Gulf of Alaska drainages between Gore Point and Cape Fairfield including the Nellie Juan and Kings River drainages, and including the Kenai River drainage upstream from the Russian River, the drainages into the south side of Turnagain Arm west of and including the Portage Creek drainage, and east of 150° W. long., and all Kenai Peninsula drainages east of 150° W. long., from Turnagain Arm to the Kenai River. (ii) In the following areas, the taking of wildlife for subsistence uses is prohibited or restricted on public lands: (A) Kenai Fjords National Park is closed to all subsistence uses; (B) The Portage Glacier Closed Area in Unit 7, which consists of Portage Creek drainages between the Anchorage- Seward Railroad and Placer Creek in Bear Valley, Portage Lake, the mouth of Byron Creek, Glacier Creek and Byron Glacier, is closed to hunting; however, grouse, ptarmigan, hares, and squirrels may be hunted with shotguns after September 1. (iii) Unit-specific regulations: (A) Bait may be used to hunt black bear between April 15 and June 15; except Resurrection Creek and its tributaries. (B) [Reserved]

Harvest limits Open season

Hunting

Black Bear: Unit 7Ð3 bears ...... July 1±June 30. Coyote: No limit ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Nov. 1±Feb. 15. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39721

Harvest limits Open season

Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Wolf: Unit 7Ðthat portion within the Kenai National Wildlife RefugeÐ2 wolves ...... Aug. 10±Apr. 30. Unit 7ÐRemainderÐ5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Mar. 31.

Trapping

Beaver: 20 Beaver per season ...... Dec. 1±Mar. 31. Coyote: No limit ...... Nov. 10±Feb. 28. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10±Feb. 28. Marten: No limit ...... Nov. 10±Jan. 31. Mink and Weasel: No limit ...... Nov. 10±Jan. 31. Muskrat: No limit ...... Nov. 10±May 15. Otter: No limit ...... Nov. 10±Feb. 28. Wolf: No limit ...... Nov. 10±Feb. 28. Wolverine: No limit ...... Nov. 10±Feb. 28.

(8) Unit 8. Unit 8 consists of all islands southeast of the centerline of Shelikof Strait including Kodiak, Afognak, Whale, Raspberry, Shuyak, Spruce, Marmot, Sitkalidak, Amook, Uganik, and Chirikof Islands, the Trinity Islands, the Semidi Islands, and other adjacent islands.

(i) A firearm may be used to take take deer on his or her behalf unless the must return a completed harvest report. beaver with a trapping license in Unit recipient is a member of a community The designated hunter may hunt for any 8 from Nov. 10–Apr. 30. operating under a community harvest number of recipients but may have no (ii) A Federally-qualified subsistence system. The designated hunter must more than two harvest limits in his/her user (recipient) may designate another obtain a designated hunter permit and possession at any one time. Federally-qualified subsistence user to

Harvest limits Open season

Hunting

Deer: Unit 8Ðthat portion of Kodiak Island north of a line from the head of Settlers Cove to Crescent Lake (57°52′ N. lat., Aug. 1±Oct. 31. 152°58′ W. long.), and east of a line from the outlet of Crescent Lake to Mount Ellison Peak and from Mount Ellison Peak to Pokati Point at Whale Passage, and that portion of Kodiak Island east of a line from the mouth of Saltery Creek to the mouth at Elbow Creek, and adjacent small islands in Chiniak BayÐ1 deer; however, antlerless deer may be taken only from Oct. 25±Oct. 31. Unit 8Ðthat portion of Kodiak Island and adjacent islands south and west of a line from the head of Terror Bay to Aug. 1±Dec. 31. the head of the south-western most arm of Ugak BayÐ5 deer; however, antlerless deer may be taken only from Oct. 1±Dec. 31. Remainder of Unit 8Ð5 deer; however, antlerless deer may be taken only from Oct. 1±Dec. 31; no more than 1 Aug. 1±Dec. 31. antlerless deer may be taken from Oct. 1±Nov. 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1±Feb. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Apr. 30.

Trapping

Beaver: 30 beaver per season ...... Nov. 10±Apr. 30. 39722 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Harvest limits Open season

Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10±Mar. 31. Marten: No limit ...... Nov. 10±Jan. 31. Mink and Weasel: No limit ...... Nov. 10±Jan. 31. Muskrat: No limit ...... Nov. 10±June 10. Otter: No limit ...... Nov. 10±Jan. 31.

(9) Unit 9. (i) Unit 9 consists of the Shumagin Islands and other islands of 9(B) from April 1–May 31 and in the Alaska Peninsula and adjacent islands Unit 9 west of the Shumagin Islands; remainder of Unit 9 from April 1–April including drainages east of False Pass, (E) Unit 9(E) consists of the remainder 30; Pacific Ocean drainages west of and of Unit 9. (D) In Unit 9(B), Lake Clark National excluding the Redoubt Creek drainage; (ii) In the following areas, the taking Park and Preserve only, residents of drainages into the south side of Bristol of wildlife for subsistence uses is Nondalton, Iliamna, Newhalen, Pedro Bay, drainages into the north side of prohibited or restricted on public lands: Bay, and Port Alsworth only, may hunt Bristol Bay east of Etolin Point, and (A) Katmai National Park is closed to brown bear by Federal registration including the Sanak and Shumagin all subsistence uses; permit in lieu of a resident tag; the Islands: (B) The use of motorized vehicles, season will be closed when four females (A) Unit 9(A) consists of that portion excluding aircraft, boats, or or ten bears have been taken, whichever of Unit 9 draining into Shelikof Strait snowmobiles used for hunting and occurs first; and Cook Inlet between the southern transporting a hunter or harvested (E) The taking in Unit 9(B) by boundary of Unit 16 (Redoubt Creek) animal parts, is prohibited from Aug. 1– residents of Newhalen, Nondalton, and the northern boundary of Katmai Nov. 30 in the Naknek Controlled Use Iliamna, Pedro Bay, and Port Alsworth National Park and Preserve; Area, which includes all of Unit 9(C) of up to a total per regulatory year of 10 (B) Unit 9(B) consists of the Kvichak within the Naknek River drainage bull moose among the communities is River drainage; upstream from and including the King allowed for ceremonial purposes, under (C) Unit 9(C) consists of the Alagnak Salmon Creek drainage; however, this the terms of a Federal registration (Branch) River drainage, the Naknek restriction does not apply to a motorized permit. Bull moose may be taken from River drainage, and all land and water vehicle on the Naknek-King Salmon, July 1 through June 30. Permits, within Katmai National Park and Lake Camp, and Rapids Camp roads and available to all 5 communities, will be Preserve; on the King Salmon Creek trail, and on issued until all 10 permits are used to (D) Unit 9(D) consists of all Alaska frozen surfaces of the Naknek River and individuals only at the request of a local Peninsula drainages west of a line from Big Creek; organization. This 10 moose limit is not the southernmost head of Port Moller to (C) A firearm may be used under a cumulative with that permitted for the head of American Bay including the trapping license to take beaver in Unit potlatches by the State.

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1±June 30. Brown Bear: Unit 9(B)ÐRural residents of Nondalton, Iliamna, Newhalen, Pedro Bay, and Port Alsworth onlyÐ1 bear by Federal Oct. 1±Oct. 21. registration permit only. May 10±May 25. Unit 9(B)Ð1 bear every four regulatory years ...... Oct. 1±Oct. 21. (odd years only); May 10±May 25 (even years only). Unit 9(E)Ð1 bear by Federal registration permit or State harvest tag ...... Oct. 1±Dec. 31. May 10±May 25. Caribou: Unit 9(A)Ð4 caribou; however, no more than 2 caribou may be taken Aug. 10±Sept. 30 and no more than 1 caribou Aug. 10±Mar. 31. may be taken Oct. 1±Nov. 30. Unit 9(C)Ð4 caribou; however, no more than 1 may be a cow, no more than 2 caribou may be taken Aug. 10±Nov. Aug. 10±Mar. 31. 30, and no more than 1 caribou may be taken per calendar month between Dec. 1±Mar. 31. Unit 9(B)Ð5 caribou; however no more than 2 may be bulls ...... Aug. 1±Apr. 15. Unit 9(D)Ðclosed to all hunting of caribou ...... No open season. Unit 9(E)Ðthat portion southwest of the headwaters of Fireweed and Blueberry Creeks (north of Mt. Veniaminof) to No open season. and including the Sandy River drainage on the Bristol Bay side of the Alaska Peninsula; and that portion south of Seal Cape to Ramsey Bay on the Pacific side of the Alaska Peninsula divide is closed to all hunting of caribou. Remainder of Unit 9(E)Ð4 caribou ...... Aug. 10±Apr. 30. Sheep: Unit 9(B)ÐResidents of Iliamna, Newhalen, Nondalton, Pedro Bay, and Port Alsworth onlyÐ1 ram with 7¤8 curl horn Aug. 10±Oct. 10. by Federal registration permit only. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39723

Harvest limits Open season

Remainder of Unit 9Ð1 ram with 7¤8 curl horn ...... Aug. 10±Sept. 20. Moose: Unit 9(A)Ð1 antlered bull ...... Sept. 1±Sept. 15. Unit 9(B)Ð1 antlered bull ...... Aug. 20±Sept. 15. Dec. 1±Dec. 31. Unit 9(C)Ðthat portion draining into the Naknek River from the north-1 antlered bull ...... Sept. 1±Sept. 15. Dec. 1±Dec. 31. Unit 9(C)Ðthat portion draining into the Naknek River from the southÐ1 antlered bull. However, during the period Aug. 20±Sept. 15. Aug. 20±Aug. 31, bull moose may be taken by Federal registration permit only. During the December hunt, Dec. 1±Dec. 31. antlerless moose may be taken by Federal registration permit only. The antlerless season will be closed when 5 antlerless moose have been taken. Public lands are closed during December for the hunting of moose, except by eligible rural Alaska residents during seasons identified above. Remainder of Unit 9(C)Ð1 moose; however, antlerless moose may be taken only from Dec. 1±Dec. 31 ...... Sept. 1±Sept. 15. Dec. 1±Dec. 31. Unit 9(E)Ð1 antlered bull ...... Sept. 1±Sept. 20. Dec. 1±Dec. 31. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Arctic (Blue and White): No limit ...... Dec. 1±Mar. 15. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1±Feb. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Nov. 10±Feb. 28. Wolf: 5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Apr. 30.

Trapping

Beaver: Unit 9(B)Ð40 beaver per season; however, no more than 20 may be taken between Apr. 1±May 31 ...... Jan. 1±May 31. Remainder of Unit 9Ð40 beaver per season; however, no more than 20 may be taken between Apr. 1±Apr. 30 ...... Jan. 1±Apr. 30. Coyote: No limit ...... Nov. 10±Mar. 31. Fox, Arctic (Blue and White): No limit ...... Nov. 10±Feb. 28. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10±Feb. 28. Lynx: No limit ...... Nov. 10±Feb. 28. Marten: No limit ...... Nov. 10±Feb. 28. Mink and Weasel: No limit ...... Nov. 10±Feb. 28. Muskrat: No limit ...... Nov. 10±June 10. Otter: No limit ...... Nov. 10±Mar. 31. Wolf: No limit ...... Nov. 10±Mar. 31. Wolverine: No limit ...... Nov. 10±Feb. 28.

(10) Unit 10. (i) Unit 10 consists of the Aleutian Islands, Unimak Island and the Pribilof Islands. (ii) On Otter Island in the Pribilof Islands the taking of any wildlife species for subsistence uses is prohibited.

Harvest limits Open season

Hunting

Caribou: Unit 10ÐUnimak Island only ...... No open season. Remainder of Unit 10ÐNo limit ...... July 1±June 30. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. 39724 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Harvest limits Open season

Fox, Arctic (Blue and White Phase): No limit ...... July 1±June 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1±Feb. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30 Wolf: 5 wolves ...... Aug. 10±Apr. 30 Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Apr. 30.

Trapping

Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Arctic (Blue and White Phase): No limit ...... July 1±June 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1±Feb. 15. Mink and Weasel: No limit ...... Nov. 10±Feb. 28. Muskrat: No limit ...... Nov. 10±June 10. Otter: No limit ...... Nov. 10±Mar. 31. Wolf: No limit ...... Nov. 10±Mar. 31. Wolverine: No limit ...... Nov. 10±Feb. 28.

(11) Unit 11. Unit 11 consists of that area draining into the headwaters of the Copper River south of Suslota Creek and the area drained by all tributaries into the east bank of the Copper River between the confluence of Suslota Creek with the Slana River and Miles Glacier. (i) Unit-specific regulations: (A) Bait may be used to hunt black bear between April 15 and June 15;

(B) A Federally-qualified subsistence designated hunter must obtain a number of recipients but may have no user (recipient) may designate another designated hunter permit and must more than two harvest limits in his/her Federally-qualified subsistence user to return a completed harvest report. The possession at any one time. take caribou on his or her behalf. The designated hunter may hunt for any (ii) [Reserved]

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1±June 30. Caribou: Unit 11ÐMentasta herd, 1 bull by Federal registration permit only. Federal public lands are closed to the taking of Aug. 1±Mar. 31. caribou except to the residents of Chitina, Chistochina, Copper Center, Gakona, Gulkana, Mentasta, and Tazlina. Up to 15 permits may be issued. Unit 11ÐRemainder ...... No open season. Sheep: 1 sheep ...... Aug. 10±Sept. 20. Moose: 1 antlered bull ...... Aug. 25±Sept. 20. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1±Feb. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Dec. 15±Jan. 15. Wolf: 5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39725

Harvest limits Open season

Public lands are closed to the taking of wolverine except by eligible rural Alaska residents during seasons identified Sept. 1±Jan. 31. above. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Mar. 31.

Trapping

Beaver: 30 beaver per season ...... Nov. 10±Apr. 30. Coyote: No limit ...... Nov. 10±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10±Feb. 28. Lynx: No limit ...... Dec. 15±Jan. 15. Marten: No limit ...... Nov. 10±Jan. 31. Mink and Weasel: No limit ...... Nov. 10±Jan. 31. Muskrat: No limit ...... Nov. 10±June 10. Otter: No limit ...... Nov. 10±Mar. 31. Wolf: No limit ...... Nov. 10±Mar. 31. Wolverine: 2 wolverine. Public lands are closed to the taking of wolverine except by eligible rural Alaska residents during seasons identified Nov. 10±Jan. 31. above.

(12) Unit 12. Unit 12 consists of the Tanana River drainage upstream from the Robertson River, including all drainages into the east bank of the Robertson River, and the White River drainage in Alaska, but excluding the Ladue River drainage. (i) Unit-specific regulations: (A) Bait may be used to hunt black bear between April 15 and June 30; (B) Trapping of wolves in Unit 12 during April and October with a steel trap, or with a snare using cable smaller than 3/32 inch diameter, is prohibited. (ii) [Reserved]

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1±June 30. Caribou: Unit 12Ðthat portion west of the Nabesna River within the drainages of Jack Creek, Platinum Creek, and No open Season. Totschunda CreekÐThe taking of caribou is prohibited on public lands. Unit 12Ðthat portion lying east of the Nabesna River and south of the Winter Trail running southeast from Pickerel No open Season. Lake to the Canadian borderÐThe taking of caribou is prohibited on public lands. Remainder of Unit 12Ð1 bull ...... Sept. 1±Sept. 20. 1 bull caribou may be taken by a Federal registration permit during a winter season to be announced for the rural Winter season to be Alaska residents of Tetlin and Northway only. announced by the Board. Sheep: 1 ram with full curl horn or larger ...... Aug. 10ÐSept. 20. Moose: Unit 12Ðthat portion drained by the Tanana, Nabesna, and Chisana Rivers within the Tetlin National Wildlife Ref- Aug. 20±Aug. 28. uge and those lands within the Wrangell-St. Elias National Preserve north and east of a line formed by the Pick- Sept. 1±Sept. 15. erel Lake Winter Trail from the Canadian border to the southern boundary of the Tetlin National Wildlife RefugeÐ Nov. 20±Nov. 30. 1 antlered bull; however during the Aug. 20±Aug. 28 season only bulls with spike/fork antlers may be taken. The November season is open by Federal registration permit only. Unit 12Ðthat portion lying east of the Nabesna River, east of the Nabesna Glacier, and south of the Winter Trail Aug. 20±Aug. 28. running southeast from Pickerel Lake to the Canadian borderÐ1 antlered bull; however during the Aug. 20±Aug. Sept. 1±Sept. 30. 28 season only bulls with spike/fork antlers may be taken. Unit 12ÐRemainderÐ1 antlered bull; however during the Aug. 20±Aug. 28 season only bulls with spike/fork antlers Aug. 20±Aug. 28. may be taken. Sept. 1±Sept. 15. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more that 2 foxes may be taken prior to Oct. 1 ...... Sept. 1±Mar. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30 39726 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Harvest limits Open season

Lynx: 2 lynx ...... Nov. 1±Jan. 31. Wolf: 5 wolves ...... Aug. 10±Apr. 30 Wolverine: 1 wolverine ...... Sept. 1±Mar. 31 Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Apr. 30.

Trapping

Beaver: 15 beaver per season ...... Nov. 1±Apr. 15. Coyote: No limit ...... Nov. 1±Feb. 28. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1±Feb. 28. Lynx: No limit ...... Dec. 15±Jan. 15. Marten: No limit ...... Nov. 1±Feb. 28. Mink and Weasel: No limit ...... Nov. 1±Feb. 28. Muskrat: No limit ...... Sept. 20±June 10. Otter: No limit ...... Nov. 1±Apr. 15. Wolf: No limit ...... Oct. 1±Apr. 30. Wolverine: No limit ...... Nov. 1±Feb. 28.

(13) Unit 13. (i) Unit 13 consists of (A) Unit 13(A) consists of that portion River, then up the Gakona River and that area westerly of the east bank of the of Unit 13 bounded by a line beginning Gakona Glacier to the boundary of Unit Copper River and drained by all at the Chickaloon River bridge at Mile 13, then westerly along the boundary of tributaries into the west bank of the 77.7 on the Glenn Highway, then along Unit 13 to the Susitna Glacier, then Copper River from Miles Glacier and the Glenn Highway to its junction with southerly along the west bank of the including the Slana River drainages the Richardson Highway, then south Susitna Glacier and the Susitna River to north of Suslota Creek; the drainages along the Richardson Highway to the the Tyone River, then up the Tyone into the Delta River upstream from Falls foot of Simpson Hill at Mile 111.5, then River and across the divide to the Creek and Black Rapids Glacier; the east to the east bank of the Copper headwaters of the West Fork of the drainages into the Nenana River River, then northerly along the east bank Gulkana River, then down the West upstream from the southeast corner of of the Copper River to its junction with Fork of the Gulkana River to the Denali National Park at Windy; the the Gulkana River, then northerly along confluence of the Gulkana River and the drainage into the Susitna River the west bank of the Gulkana River to Copper River, the point of beginning; upstream from its junction with the its junction with the West Fork of the (C) Unit 13(C) consists of that portion Gulkana River, then westerly along the Chulitna River; the drainage into the of Unit 13 east of the Gakona River and west bank of the West Fork of the east bank of the Chulitna River Gakona Glacier; Gulkana River to its source, an unnamed (D) Unit 13(D) consists of that portion upstream to its confluence with lake, then across the divide into the of Unit 13 south of Unit 13(A); Tokositna River; the drainages of the Tyone River drainage, down an (E) Unit 13(E) consists of the Chulitna River (south of Denali National unnamed stream into the Tyone River, remainder of Unit 13. Park) upstream from its confluence with then down the Tyone River to the (ii) Within the following areas, the the Tokositna River; the drainages into Susitna River, then down the southern taking of wildlife for subsistence uses is the north bank of the Tokositna River bank of the Susitna River to the mouth prohibited or restricted on public lands: upstream to the base of the Tokositna of Kosina Creek, then up Kosina Creek (A) lands within Mount McKinley Glacier; the drainages into the Tokositna to its headwaters, then across the divide National Park as it existed prior to Glacier; the drainages into the east bank and down Aspen Creek to the Talkeetna December 2, 1980 are closed to of the Susitna River between its River, then southerly along the subsistence. Subsistence uses as confluences with the Talkeetna and boundary of Unit 13 to the Chickaloon authorized by this paragraph (k)(13) are Chulitna Rivers; the drainages into the River bridge, the point of beginning; permitted in Denali National Preserve north bank of the Talkeetna River; the (B) Unit 13(B) consists of that portion and lands added to Denali National Park drainages into the east bank of the of Unit 13 bounded by a line beginning on December 2, 1980; Chickaloon River; the drainages of the at the confluence of the Copper River (B) use of motorized vehicles or pack Matanuska River above its confluence and the Gulkana River, then up the east animals for hunting is prohibited from with the Chickaloon River: bank of the Copper River to the Gakona Aug. 5–Aug. 25 in the Delta Controlled Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39727

Use Area, the boundary of which is west bank of the Johnson River and Gulkana River, then northerly along defined as: a line beginning at the Johnson Glacier to the head of the Sourdough Creek to the Richardson confluence of Miller Creek and the Delta Cantwell Glacier, then west along the Highway at approximately Mile 148, River, then west to vertical angle bench north bank of the Canwell Glacier and then northerly along the Richardson mark Miller, then west to include all Miller Creek to the Delta River; Highway to the Meiers Creek Trail at drainages of Augustana Creek and Black (C) except for access and approximately Mile 170, then westerly Rapids Glacier, then north and east to transportation of harvested wildlife on along the trail to the Gulkana River, include all drainages of McGinnis Creek Sourdough and Haggard Creeks, Meiers then southerly along the east bank of the to its confluence with the Delta River, Lake trails, or other trails designated by Gulkana River to its confluence with then east in a straight line across the the Board, the use of motorized vehicles Sourdough Creek, the point of Delta River to Mile 236.7 Richardson for subsistence hunting, is prohibited in beginning. Highway, then north along the the Sourdough Controlled Use Area. (iii) Unit-specific regulations: Richardson Highway to its junction with The Sourdough Controlled Use Area the Alaska Highway, then east along the consists of that portion of Unit 13(B) (A) Bait may be used to hunt black Alaska Highway to the west bank of the bounded by a line beginning at the bear between April 15 and June 15. Johnson River, then south along the confluence of Sourdough Creek and the (B) [Reserved]

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1±June 30. Caribou: 2 caribou by Federal registration permit only. Hunting within the Trans-Alaska Oil Pipeline right-of-way is prohibited. Aug. 10±Sept. 30. The right-of-way is identified as the area occupied by the pipeline (buried or above ground) and the cleared area Jan. 5±Mar. 31. 25 feet on either side of the pipeline. Sheep: Unit 13Ðexcluding Unit 13(D) and the Tok and Delta Management AreasÐ1 ram with 7¤8 curl horn ...... Aug. 10±Sept. 20. Moose: 1 antlered bull moose by Federal registration permit only; only 1 permit will be issued per household ...... Aug. 1±Sept. 20. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1±Feb. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Dec. 15±Jan. 15. Wolf: 5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Jan. 31. Public lands are closed to the taking of wolverine, except by eligible rural Alaska residents during seasons identified above. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Mar. 31.

Trapping

Beaver: 30 beaver per season ...... Oct. 10±Apr. 30. Coyote: No limit ...... Nov. 10±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10±Feb. 28. Lynx: No limit ...... Dec. 15±Jan. 15. Marten: No limit ...... Nov. 10±Jan. 31. Mink and Weasel: No limit ...... Nov. 10±Jan. 31. Muskrat: No limit ...... Nov. 10±June 10. Otter: No limit ...... Nov. 10±Mar. 31. Wolf: No limit ...... Nov. 10±Mar. 31. Wolverine: 2 wolverines ...... Nov. 10±Jan. 31. Public lands are closed to the taking of wolverine, except by eligible rural Alaska residents during seasons identified above. 39728 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

(14) Unit 14. (i) Unit 14 consists of drainages into the north side of Turnagain Arm west of and excluding the Portage Creek drainage, drainages into Knik Arm excluding drainages of the Chickaloon and Matanuska Rivers in Unit 13, drainages into the north side of Cook Inlet east of the Susitna River, drainages into the east bank of the Susitna River downstream from the Talkeetna River, and drainages into the south bank of the Talkeetna River: (A) Unit 14(A) consists of drainages in Unit 14 bounded on the west by the Susitna River, on the north by Willow Creek, Peters Creek, and by a line from the head of Peters Creek to the head of the Chickaloon River, on the east by the eastern boundary of Unit 14, and on the south by Cook Inlet, Knik Arm, the south bank of the Knik River from its mouth to its junction with Knik Glacier, across the face of Knik Glacier and along the north side of Knik Glacier to the Unit 6 boundary; (B) Unit 14(B) consists of that portion of Unit 14 north of Unit 14(A); (C) Unit 14(C) consists of that portion of Unit 14 south of Unit 14(A). (ii) In the following areas, the taking of wildlife for subsistence uses is prohibited or restricted on public lands: (A) the Fort Richardson and Elmendorf Air Force Base Management Areas, consisting of the Fort Richardson and Elmendorf Military Reservation, are closed to the subsistence taking of wildlife; (B) the Anchorage Management Area, consisting of all drainages south of Elmendorf and Fort Richardson military reservations and north of and including Rainbow Creek is closed to subsistence taking of wildlife for subsistence uses. (iii) Unit-specific regulations: (A) In Unit 14(A), bait may be used to hunt black bear between April 15 and May 25; (B) [Reserved]

Harvest limits Open season

Hunting

Black Bear: Unit 14(A) and (C)Ð1 bear ...... July 1±June 30. Brown Bear: Unit 14(A)Ð1 bear every four regulatory years ...... Sept. 15±Oct. 10. May 1±May 25. Coyote: Unit 14(A) and (C)Ð2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): Unit 14Ð2 foxes ...... Nov. 1±Feb. 15. Hare (Snowshoe and Tundra): Unit 14(A)Ð5 hares per day. Unit 14(C)Ð5 hares per day ...... July 1±June 30. Lynx: 2 lynx. Dec. 15±Jan. 15.. Wolf: 5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): Unit 14(A)Ð15 per day, 30 in possession. Unit 14(C)Ð5 per day, 10 in possession ...... Aug. 10±Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): Unit 14(A)Ð10 per day, 20 in possession. Unit 14(C)Ð10 per day, 20 in possession Remainder of Unit 14Ð20 per day, 40 in possession ...... Aug. 10±Mar. 31.

Trapping

Beaver: Unit 14(A)Ð30 beaver per season. Unit 14(C)Ðthat portion within the drainages of Glacier Creek, Kern Creek, Peterson Creek, the Twentymile River Nov. 10±Apr. 30. and the drainages of Knik River outside Chugach State ParkÐ20 beaver per season. Coyote: Unit 14(A)ÐNo limit. Unit 14(C)ÐNo limit ...... Nov. 10±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): Unit 14(A)ÐNo limit. Unit 14(C)Ð1 fox ...... Nov. 10±Feb. 28. Marten: No limit ...... Nov. 10±Jan. 31. Mink and Weasel: No limit ...... Nov. 10±Jan. 31. Muskrat: No limit ...... Nov. 10±May 15. Otter: Unit 14(A)ÐNo limit. Unit 14(C)ÐNo limit ...... Nov. 10±Mar. 31. Wolf: Unit 14(A)ÐNo limit. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39729

Harvest limits Open season

Unit 14(C)ÐNo limit ...... Nov. 10±Mar. 31. Wolverine: No limit ...... Nov. 10±Feb. 28.

(15) Unit 15. (i) Unit 15 consists of Skilak Lake, and north of the Kasilof along the Sterling Highway to the point that portion of the Kenai Peninsula and River, Tustumena Lake, Glacier Creek, of beginning, is closed to the taking of adjacent islands draining into the Gulf and Tustumena Glacier; wildlife, except that grouse and of Alaska, Cook Inlet and Turnagain (C) Unit 15(C) consists of the ptarmigan may be taken only from Arm from Gore Point to the point where remainder of Unit 15. October 1 - March 1 by bow and arrow longitude line 150° 00’ W. crosses the (ii) The Skilak Loop Management only. Area, which consists of that portion of coastline of Chickaloon Bay in (iii) Unit-specific regulations: Turnagain Arm, including that area Unit 15(A) bounded by a line beginning lying west of longitude line 150° 00’ W. at the eastern most junction of the (A) Bait may be used to hunt black to the mouth of the Russian River, then Sterling Highway and the Skilak Loop bear between April 15 and June 15; southerly along the Chugach National (milepost 76.3), then due south to the (B) The Skilak Loop Wildlife Forest boundary to the upper end of south bank of the Kenai River, then Management Area is closed to Upper Russian Lake; and including the southerly along the south bank of the subsistence trapping of furbearers; drainages into Upper Russian Lake west Kenai River to its confluence with (C) That portion of Unit 15(B) east of of the Chugach National Forest Skilak Lake, then westerly along the the Kenai River, Skilak Lake, Skilak boundary: north shore of Skilak Lake to Lower (A) Unit 15(A) consists of that portion Skilak Lake Campground, then River, and Skilak Glacier is closed to the of Unit 15 north of the Kenai River and northerly along the Lower Skilak Lake trapping of marten; Skilak Lake; Campground Road and the Skilak Loop (D) Taking a red fox in Unit 15 by any (B) Unit 15(B) consists of that portion Road to its western most junction with means other than a steel trap or snare is of Unit 15 south of the Kenai River and the Sterling Highway, then easterly prohibited.

Harvest limits Open season

Hunting

Black Bear: Unit 15(C)Ð3 bears ...... July 1±June 30. Unit 15 Remainder ...... No open season. Moose: Unit 15(B) and (C)Ð1 antlered bull with spike-fork or 50-inch antlers or with 3 or more brow tines on either antler, Aug. 10±Sept. 20. by Federal registration permit only Unit 15(A) ...... No open season. Coyote: No limit ...... Sept. 1±Apr. 30. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Wolf: Unit 15Ðthat portion within the Kenai National Wildlife RefugeÐ2 Wolves ...... Aug. 10±Apr. 30. Unit 15ÐRemainderÐ5 Wolves ...... Aug. 10±Apr. 30. Wolverine: 1 Wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): Unit 15 (A) and (B)Ð20 per day, 40 in possession ...... Aug. 10±Mar. 31. Unit 15(C)Ð20 per day, 40 in possession ...... Aug. 10±Dec. 31. Unit 15(C)Ð5 per day, 10 in possession ...... Jan. 1±Mar. 31.

Trapping

Beaver: 20 Beaver per season ...... Dec. 1±Mar. 31. Coyote: No limit ...... Nov. 10±Feb. 28. Fox, Red (including Cross, Black and Silver Phases): 1 Fox ...... Nov. 10±Feb. 28. Marten: Unit 15(B)Ðthat portion east of the Kenai River, Skilak Lake, Skilak River and Skilak Glacier ...... No open season. Remainder of Unit 15ÐNo limit ...... Nov. 10±Jan. 31. Mink and Weasel: No limit ...... Nov. 10±Jan. 31. Muskrat: No limit ...... Nov. 10±May 15. 39730 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Harvest limits Open season

Otter: Unit 15 (A), (B)ÐNo limit ...... Nov. 10±Jan. 31. Unit 15(C)ÐNo limit ...... Nov. 10±Feb. 28. Wolf: No limit ...... Nov. 10±Feb. 28. Wolverine: Unit 15 (B) and (C)ÐNo limit ...... Nov. 10±Feb. 28.

(16) Unit 16. (i) Unit 16 consists of the Tokositna River upstream to the base of (ii) The Mount McKinley National drainages into Cook Inlet between the Tokositna Glacier, including the Park, as it existed prior to December 2, Redoubt Creek and the Susitna River, drainage of the Kahiltna Glacier: 1980, is closed to subsistence uses. including Redoubt Creek drainage, (A) Unit 16(A) consists of that portion Subsistence uses as authorized by this Kalgin Island, and the drainages on the of Unit 16 east of the east bank of the paragraph are permitted in Denali west side of the Susitna River (including National Preserve and lands added to Yentna River from its mouth upstream the Susitna River) upstream to its Denali National Park on December 2, to the Kahiltna River, east of the east confluence with the Chulitna River; the 1980. drainages into the west side of the bank of the Kahiltna River, and east of (iii) Unit-specific regulations: Chulitna River (including the Chulitna the Kahiltna Glacier; (A) Bait may be used to hunt black River) upstream to the Tokositna River, (B) Unit 16(B) consists of the bear between April 15 and June 15. and drainages into the south side of the remainder of Unit 16. (B) [Reserved]

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1±June 30. Caribou: 1 caribou ...... Aug. 10±Oct. 31. Moose: Unit 16(B)ÐRedoubt Bay Drainages south and west of, and including the Kustatan River drainageÐ1 antlered bull Sept. 1±Sept. 15. Remainder of Unit 16(B)Ð1 moose; however, antlerless moose may be taken only from Sept. 25±Sept. 30 and from Sept. 1±Sept. 30. Dec. 1±Feb. 28 by Federal registration permit only. Dec. 1±Feb. 28. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1±Feb. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Dec. 15±Jan. 15. Wolf: 5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Mar. 31.

Trapping

Beaver: 30 beaver per season ...... Nov. 10±Apr. 30. Coyote: No limit ...... Nov. 10±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10±Feb. 28. Marten: No limit ...... Nov. 10±Jan. 31. Mink and Weasel: No limit ...... Nov. 10±Jan. 31. Muskrat: No limit ...... Nov. 10±June 10. Otter: No limit ...... Nov. 10±Mar. 31. Wolf: No limit ...... Nov. 10±Mar. 31. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39731

Harvest limits Open season

Wolverine: No limit ...... Nov. 10±Feb. 28.

(17) Unit 17. (i) Unit 17 consists of (C) Unit 17(C) consists of the Unit 17(A), that portion of 17(B) drainages into Bristol Bay and the remainder of Unit 17. draining into Nuyakuk Lake and Bering Sea between Etolin Point and (ii) In the following areas, the taking Tikchik Lake, Unit 18, and that portion Cape Newenham, and all islands of wildlife for subsistence uses is of Unit 19(A) and (B) downstream of between these points including prohibited or restricted on public lands: and including the Aniak River drainage, Hagemeister Island and the Walrus (A) Except for aircraft and boats and is open to brown bear hunting by State Islands: in legally permitted hunting camps, the registration permit in lieu of a resident (A) Unit 17(A) consists of the Upper Mulchatna Controlled Use Area tag; no resident tag is required for taking drainages between Cape Newenham and consisting of Unit 17(B), is closed from brown bears in the Western Alaska Cape Constantine, and Hagemeister Aug. 1–Nov. 1 to the use of any Brown Bear Management Area, Island and the Walrus Islands; motorized vehicle for hunting provided that the hunter has obtained a (B) Unit 17(B) consists of the ungulates, bear, wolves and wolverine, State registration permit prior to Nushagak River drainage upstream including transportation of hunters and hunting. from, and including the Mulchatna parts of ungulates, bear, wolves or (iii) Unit-specific regulations: River drainage, and the Wood River wolverine; (A) Bait may be used to hunt black drainage upstream from the outlet of (B) The Western Alaska Brown Bear bear between April 15 and June 15. Lake Beverley; Management Area which consists of (B) [Reserved]

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1±June 30. Brown Bear: Unit 17(A) and that portion of Unit 17(B) draining into the Nuyakuk Lake and Tikchik LakeÐ1 bear ...... Sept. 1±May 31. Remainder of Unit 17(B)Ð1 bear every four regulatory years ...... Sept. 20±Oct. 10. May 10±May 25. Unit 17(C)Ð1 bear every four regulatory years ...... Sept. 10±Oct. 10. Apr. 10±May 25. Caribou: Unit 17(A)Ðthat portion west of the Togiak River, Togiak Lake, Izavieknik River, Upper Togiak Lake, and south to Aug. 1±Mar. 31. Cape NewenhamÐ2 caribou. Season to be opened by announcement when 3,000 caribou have moved into the area. Unit 17 (A) and (C)Ðthat portion of 17(A) and (C) consisting of the Nushagak Peninsula south of the Igushik River, Aug. 1ÐAug. 31. Tuklung River and Tuklung Hills, west to Tvativak BayÐ1 caribou by Federal registration permit. Public lands are Dec. 1±Mar. 31. closed to the taking of caribou except by the residents of Togiak, Twin Hills, Manokotak, Aleknagik, Dillingham, Clark's Point, and Ekuk during seasons identified above. Unit 17 (B) and (C)Ðthat portion of 17(C) east of the Nushagak RiverÐ5 caribou; however, no more than 2 caribou Aug. 1±Apr. 15. may be bulls. Sheep: 1 ram with full curl horn or larger ...... Aug. 10±Sept. 20. Moose: Unit 17(B)Ðthat portion that includes all the Mulchatna River drainage upstream from and including the Chilchitna Aug. 20±Sept. 15. River drainageÐ1 bull by State registration permit only; however, during the period Sept. 1±Sept. 15 a spike/fork bull or a bull with 50-inch antlers or with 3 or more brow tines on one side may be taken with a State harvest tick- et. Remainder of Unit 17(B)Ð1 bull by State registration permit only; however, during the period Sept. 1±Sept. 15 a Aug. 20±Sept. 15. spike/fork bull or a bull with 50-inch antlers or with 3 or more brow tines on one side may be taken with a State Dec. 1±Dec. 31. harvest ticket. Unit 17(C)Ðthat portion that includes the Iowithla drainage and Sunshine Valley and all lands west of Wood River Aug. 20±Sept. 15. and south of Aleknagik LakeÐ1 bull by State registration permit only; however, during the period Sept. 1±Sept. 15 a spike/fork bull or a bull with 50-inch antlers or with 3 or more brow tines on one side may be taken with a State harvest ticket. Remainder of Unit 17(C)Ð1 bull by State registration permit only; however, during the period Sept. 1±Sept. 15 a Aug. 20±Sept. 15. spike/fork bull or a bull with 50-inch antlers or with 3 or more brow tines on one side may be taken with a State Dec. 1±Dec. 31. harvest ticket. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Arctic (Blue and White Phase): No limit ...... Dec. 1±Mar. 15. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1±Feb. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Nov. 10±Feb. 28. 39732 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Harvest limits Open season

Wolf: 5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Apr. 30.

Trapping

Beaver: Unit 17(A)Ð20 beaver per season ...... Jan. 1±Feb. 28. Unit 17 (B) and (C)Ð20 beaver per season ...... Jan. 1±Feb. 28. Coyote: No limit ...... Nov. 10±Mar. 31. Fox, Arctic (Blue and White Phase): No limit ...... Nov. 10±Feb. 28. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10±Feb. 28. Lynx: No limit ...... Nov. 10±Feb. 28. Marten: No limit ...... Nov. 10±Feb. 28. Mink and Weasel: No limit ...... Nov. 10±Feb. 28. Muskrat: No limit ...... Nov. 10±June 10. Otter: No limit ...... Nov. 10±Mar. 31. Wolf: No limit ...... Nov. 10±Mar. 31. Wolverine: No limit ...... Nov. 10±Feb. 28.

(18) Unit 18. (i) Unit 18 consists of that area draining into the Yukon and Kuskokwim Rivers downstream from a straight line drawn between Lower Kalskag and Paimiut and the drainages flowing into the Bering Sea from Cape Newenham on the south to and including the Pastolik River drainage on the north; Nunivak, St. Matthew, and adjacent islands between Cape Newenham and the Pastolik River. (ii) In the following areas, the taking of wildlife for subsistence uses is prohibited or restricted on public lands:

(A) The Kalskag Controlled Use Area wolverine part; however, this does not downstream of and including the Aniak which consists of that portion of Unit 18 apply to transportation of a hunter or River drainage, is open to brown bear bounded by a line from Lower Kalskag ungulate, bear, wolf, or wolverine part hunting by State registration permit in lieu of a resident tag; no resident tag is required for on the Kuskokwim River, northwesterly by aircraft between publicly owned airports in the Controlled Use Area or taking brown bears in the Western Alaska to Russian Mission on the Yukon River, Brown Bear Management Area, provided that then east along the north bank of the between a publicly owned airport the hunter has obtained a State registration Yukon River to the old site of Paimiut, within the Area and points outside the permit prior to hunting. then back to Lower Kalskag is closed to Area; (iii) Unit-specific regulations: the use of aircraft for hunting any (B) The Western Alaska Brown Bear Management Area which consists of Unit (A) A firearm may be used to take ungulate, bear, wolf, or wolverine, 17(A), that portion of 17(B) draining into beaver under a trapping license in Unit including the transportation of any Nuyakuk Lake and Tikchik Lake, Unit 18, 18 from Apr. 1–Jun. 10. hunter and ungulate, bear, wolf, or and that portion of Unit 19 (A) and (B) (B) [Reserved]

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1±June 30. Brown Bear: 1 bear ...... Sept. 1±May 31. Caribou: Unit 18Ðthat portion south of the Yukon RiverÐKilbuck caribou herd; rural Alaska residents domiciled in Tuluksak, Dec. 15±Jan. 9. Akiak, Akiachak, Kwethluk, Bethel, Oscarville, Napaskiak, Napakiak, Kasigluk, Atmauthluak, Nunapitchuk, Feb. 23±Mar. 15. Tuntutuliak, Eek, Quinhagak, Goodnews Bay, Platinum, Togiak, and Twin Hills, only. A Federal registration permit is required. The number of permits available for these hunts will be determined at a later date. The season will be closed when the total harvest reaches guidelines as described in the approved ``Oavilnguut (Kilbuck) Caribou Herd Cooperative Management Plan.''. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39733

Harvest limits Open season

Unit 18Ðthat portion north of the Yukon RiverÐ5 caribou per day ...... Aug. 1±Mar. 31. Remainder of Unit 18 ...... No open season. Moose: Unit 18Ðthat portion north and west of a line from Cape Romanzof to Kuzilvak Mountain, and then to Mountain Vil- Sept. 5±Sept. 25. lage, and west of, but not including, the Andreafsky River drainageÐ1 antlered bull. Unit 18ÐGoodnews River and Kanektok River drainages ...... No open season. Unit 18ÐKuskokwim River drainageÐ1 antlered bull. A 10-day hunt (1 bull, evidence of sex required) will be Aug. 25±Sept. 25. opened by announcement sometime between Dec. 1 and Feb. 28. Winter season to be announced. Remainder of Unit 18Ð1 antlered bull. A 10-day hunt (1 bull, evidence of sex required) will be opened by an- Sept. 1±Sept. 30. nouncement sometime between Dec. 1 and Feb. 28. Winter season to be announced. Public lands in Unit 18 are closed to the hunting of moose, except by rural Alaska residents of Unit 18 and Upper Kalskag during seasons identified above. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Arctic (Blue and White Phase): 2 foxes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Oct. 1 ...... Sept. 1±Mar. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Nov. 10±Mar. 31. Wolf: 5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±May 30.

Trapping

Beaver: No limit ...... Nov. 1±June 10. Coyote: No limit ...... Nov. 10±Mar. 31. Fox, Arctic (Blue and White Phase): No limit ...... Nov. 10±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10±Mar. 31. Lynx: No limit ...... Nov. 10±Mar. 31. Marten: No limit ...... Nov. 10±Mar. 31. Mink and Weasel: No limit ...... Nov. 10±Jan. 31. Muskrat: No limit ...... Nov. 10±June 10. Otter: No limit ...... Nov. 10±Mar. 31. Wolf: No limit ...... Nov. 10±Mar. 31. Wolverine: No limit ...... Nov. 10±Mar. 31.

(19) Unit 19. (i) Unit 19 consists of the including the Salmon River drainage, Benchmark M#1.26 (approximately 1.26 Kuskokwim River drainage upstream the Holitna River drainage upstream miles south of the northwest corner of from Lower Kalskag: from and including the Bakbuk Creek the original Mt. McKinley National Park (A) Unit 19(A) consists of the drainage, that area south of a line from boundary) to the peak of Lone Kuskokwim River drainage downstream the mouth of Bakbuk Creek to the radar Mountain, then due west to Big River, from and including the Moose Creek dome at Sparrevohn Air Force Base, including the Big River drainage drainage on the north bank and including the Hoholitna River drainage upstream from that line, and including downstream from and including the upstream from that line, and the Stony the Swift River drainage upstream from Stony River drainage on the south bank, River drainage upstream from and and including the North Fork drainage; excluding Unit 19(B); including the Can Creek drainage; (B) Unit 19(B) consists of the Aniak (C) Unit 19(C) consists of that portion (D) Unit 19(D) consists of the River drainage upstream from and of Unit 19 south and east of a line from remainder of Unit 19. 39734 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

(ii) In the following areas, the taking the western boundary of Denali National Controlled Use Area, or between a of wildlife for subsistence uses is Preserve north to its intersection with publicly owned airport within the area prohibited or restricted on public land: the Minchumina-Telida winter trail, and points outside the area; (A) Lands within Mount McKinley then west to the crest of Telida (C) The Western Alaska Brown Bear National Park as it existed prior to Mountain, then north along the crest of Management Area, which consists of December 2, 1980, are closed to Munsatli Ridge to elevation 1,610, then Unit 17(A), that portion of 17(B) subsistence uses. Subsistence uses as northwest to Dyckman Mountain and draining into Nuyakuk Lake and authorized by this paragraph (k)(19) are following the crest of the divide Tikchik Lake, Unit 18, and that portion permitted in Denali National Preserve between the Kuskokwim River and the of Unit 19(A) and (B) downstream of and lands added to Denali National Park Nowitna drainage, and the divide and including the Aniak River drainage, on December 2, 1980; between the Kuskokwim River and the is open to brown bear hunting by State (B) The Upper Kuskokwim Controlled Nixon Fork River to Loaf bench mark on registration permit in lieu of a resident Use Area, which consists of that portion Halfway Mountain, then south to the tag; no resident tag is required for taking of Unit 19(D) upstream from the mouth west side of Big River drainage, the brown bears in the Western Alaska of Big River including the drainages of point of beginning, is closed during Brown Bear Management Area, the Big River, Middle Fork, South Fork, moose hunting seasons to the use of provided that the hunter has obtained a East Fork, and Tonzona River, and aircraft for hunting moose, including State registration permit prior to bounded by a line following the west transportation of any moose hunter or hunting. bank of the Swift Fork (McKinley Fork) moose part; however, this does not (iii) Unit-specific regulations: of the Kuskokwim River to 152° 50′ W. apply to transportation of a moose (A) Bait may be used to hunt black long., then north to the boundary of hunter or moose part by aircraft between bear between April 15 and June 30. Denali National Preserve, then following publicly owned airports in the (B) [Reserved]

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1±June 30. Brown Bear: Unit 19(A) and (B) that portion which is downstream of and including the Aniak River drainageÐ1 bear ...... Sept. 1±May 31. Remainder of Unit 19(A), (B), and (D)Ð1 bear every four regulatory years ...... Sept. 10±May 25. Caribou: Unit 19(A) north of Kuskokwim RiverÐ1 caribou ...... Aug. 10±Sept. 30. Nov. 1±Feb. 28. Unit 19(A) south of the Kuskokwim River, and Unit 19(B) (excluding rural Alaska residents of Lime Village)Ð5 cari- Aug. 1±Apr. 15. bou. Unit 19(C)Ð1 caribou ...... Aug. 10±Oct. 10. Unit 19(D) south and east of the Kuskokwim River and North Fork of the Kuskokwim RiverÐ1 caribou ...... Aug. 10±Sept. 30. Nov. 1±Jan. 31. Remainder of Unit 19(D)Ð1 caribou ...... Aug. 10±Sept. 30. Unit 19ÐRural Alaska residents domiciled in Lime Village only; no individual harvest limit but a village harvest quota July 1±June 30. of 200 caribou; cows and calves may not be taken from Apr. 1±Aug. 9. Reporting will be by a community report- ing system. Sheep: 1 ram with 7/8 curl ...... Aug. 10±Sept. 20. Moose: Unit 19ÐRural Alaska residents of Lime Village onlyÐNo individual harvest limit, but a village harvest quota of 40 July 1±June 30. moose (including those taken under the State Tier II system); either sex. Reporting will be by a community report- ing system. Unit 19(A)Ðthat portion north of the Kuskokwim River upstream from, but not including the Kolmakof River drainage Sept. 1±Sept. 20. and south of the Kuskokwim River upstream from, but not including the Holokuk River drainageÐ1 moose; how- Nov. 20±Nov. 30. ever, antlerless moose may be taken only during the Feb. 1ÐFeb. 10 season. Jan. 1±Jan. 10. Feb. 1±Feb. 10. Remainder of Unit 19(A)Ð1 bull ...... Sept. 1±Sept. 20. Nov. 20±Nov. 30. Jan. 1±Jan. 10. Feb. 1±Feb. 10. Unit 19(B)Ð1 antlered bull ...... Sept. 1±Sept. 30. Unit 19(C)Ð1 antlered bull ...... Sept. 1±Oct. 10. Unit 19(D)Ðthat portion of the Upper Kuskokwim Controlled Use Area within the North Fork drainage upstream Sept. 1±Sept. 30. from the confluence of the South Fork to the mouth of the Swift ForkÐ1 antlered bull. Unit 19(D)Ðremainder of the Upper Kuskokwim Controlled Use AreaÐ1 bull ...... Sept. 1±Sept. 30. Dec. 1±Feb. 28. Remainder of Unit 19(D)Ð1 antlered bull ...... Sept. 1±Sept. 30. Dec. 1±Dec. 15. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Oct. 1 ...... Sept. 1±Mar. 15 Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39735

Harvest limits Open season

Lynx: 2 lynx ...... Nov. 1±Feb. 28. Wolf: 5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Apr. 30.

Trapping

Beaver: No limit ...... Nov. 1±Apr. 15. Coyote: No limit ...... Nov. 1±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1±Mar. 31. Lynx: No limit ...... Nov. 1±Feb. 28. Marten: No limit ...... Nov. 1±Feb. 28. Mink and Weasel: No limit ...... Nov. 1±Feb. 28. Muskrat: No limit ...... Nov. 1±June 10. Otter: No limit ...... Nov. 1±Apr. 15. Wolf: No limit ...... Nov. 1±Mar. 31. Wolverine: No limit ...... Nov. 1±Mar. 31.

(20) Unit 20. (i) Unit 20 consists of the (D) Unit 20(D) consists of that portion mark Miller, then west to include all Yukon River drainage upstream from of Unit 20 bounded on the east by the drainages of Augustana Creek and Black and including the Tozitna River east bank of the Robertson River and on Rapids Glacier, then north and east to drainage to and including the Hamlin the west by the west bank of the Delta include all drainages of McGinnis Creek Creek drainage, drainages into the south River, and drainages into the north bank to its confluence with the Delta River, bank of the Yukon River upstream from of the Tanana River from its confluence then east in a straight line across the and including the Charley River with the Robertson River downstream Delta River to Mile 236.7 Richardson drainage, the Ladue River and Fortymile to, but excluding the Banner Creek Highway, then north along the River drainages and the Tanana River drainage; Richardson Highway to its junction with drainage north of Unit 13 and (E) Unit 20(E) consists of drainages the Alaska Highway, then east along the downstream from the east bank of the into the south bank of the Yukon River Alaska Highway to the west bank of the Robertson River: upstream from and including the Johnson River, then south along the (A) Unit 20(A) consists of that portion Charley River drainage, and the Ladue west bank of the Johnson River and of Unit 20 bounded on the south by the River drainage; Johnson Glacier to the head of the Unit 13 boundary, bounded on the east (F) Unit 20(F) consists of the Canwell Glacier, then west along the by the west bank of the Delta River, remainder of Unit 20. north bank of the Canwell Glacier and bounded on the north by the north bank (ii) In the following areas, the taking Miller Creek to the Delta River; (C) The Dalton Highway Corridor of the Tanana River from its confluence of wildlife for subsistence uses is Management Area, which consists of with the Delta River downstream to its prohibited or restricted on public land: (A) Lands within Mount McKinley those portions of Units 20, 24, 25, and confluence with the Nenana River, and National Park as it existed prior to 26 extending five miles from each side bounded on the west by the east bank December 2, 1980, are closed to of the Dalton Highway from the Yukon of the Nenana River; subsistence uses. Subsistence uses as River to milepost 300 of the Dalton (B) Unit 20(B) consists of drainages authorized by this paragraph (k)(20) are Highway, is closed to the use of into the north bank of the Tanana River permitted in Denali National Preserve motorized vehicles, except aircraft and from and including Hot Springs Slough and lands added to Denali National Park boats, and to licensed highway vehicles, upstream to and including the Banner on December 2, 1980; snowmobiles, and firearms except as Creek drainage; (B) Use of motorized vehicles or pack provided below. The use of (C) Unit 20(C) consists of that portion animals for hunting is prohibited from snowmobiles is authorized only for the of Unit 20 bounded on the east by the Aug. 5–Aug. 25 in the Delta Controlled subsistence taking of wildlife by east bank of the Nenana River and on Use Area, the boundary of which is residents living within the Dalton the north by the north bank of the defined as: a line beginning at the Highway Corridor Management Area. Tanana River downstream from the confluence of Miller Creek and the Delta The use of licensed highway vehicles is Nenana River; River, then west to vertical angle bench limited only to designated roads within 39736 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations the Dalton Highway Corridor August 5–September 20; however, this the summit of Ester Dome, then down Management Area. The use of firearms does not prohibit motorized access via, Sheep Creek to its confluence with within the Corridor is authorized only or transportation of harvested wildlife Goldstream Creek, then easterly along for the residents of Alatna, Allakaket, on, the Taylor Highway or any airport; Goldstream Creek to its confluence with Anaktuvuk Pass, Bettles, Evansville, (E) The Minto Flats Management First Chance Creek, then up First Stevens Village, and residents living Area, which consists of that portion of Chance Creek to Tungsten Hill, then within the Corridor; Unit 20 bounded by the Elliot Highway southerly along Steele Creek to its beginning at Mile 118, then (D) The Glacier Mountain Controlled intersection with the Trans-Alaska northeasterly to Mile 96, then east to the Use Area, which consists of that portion Pipeline, then southerly along the Tolovana Hotsprings Dome, then east to pipeline right-of-way to the Chena of Unit 20(E) bounded by a line the Winter Cat Trail, then along the Cat beginning at Mile 140 of the Taylor River, then along the north bank of the Trail south to the Old Telegraph Trail at Chena River to the Moose Creek dike, Highway, then north along the highway Dunbar, then westerly along the trail to to Eagle, then west along the cat trail then southerly along Moose Creek dike a point where it joins the Tanana River to its intersection with the Tanana from Eagle to Crooked Creek, then from three miles above Old Minto, then along Crooked Creek southwest along the west River, and then westerly along the north the north bank of the Tanana River bank of the Tanana River to the point of bank of Mogul Creek to its headwaters (including all channels and sloughs beginning, is open to moose hunting by on North Peak, then west across North except Swan Neck Slough), to the bow and arrow only. Peak to the headwaters of Independence confluence of the Tanana and Tolovana (iii) Unit-specific regulations: Creek, then southwest along the west Rivers and then northerly to the point bank of Independence Creek to its of beginning, is open to moose hunting (A) Bait may be used to hunt black confluence with the North Fork of the by permit only; bear between April 15 and June 30; Fortymile River, then easterly along the (F) The Fairbanks Management Area, (B) Trapping of wolves in Unit 20(E) south bank of the North Fork of the which consists of the Goldstream during April and October with a steel Fortymile River to its confluence with subdivision 0SE 1⁄4 SE 1⁄4, Section 28 trap, or with a snare using cable smaller Champion Creek, then across the North and Section 33, Township 2 North, than 3/32 inch diameter, is prohibited; Fork of the Fortymile River to the south Range 1 West, Fairbanks Meridian and (C) The taking of up to three moose bank of Champion Creek and easterly that portion of Unit 20(B) bounded by per regulatory year by the residents of along the south bank of Champion Creek a line from the confluence of Rosie Unit 20 and 21 is allowed for the to its confluence with Little Champion Creek and the Tanana River, northerly celebration known as the Nuchalawoyya Creek, then northeast along the east along Rosie Creek to the divide between Potlatch, under the terms of a Federal bank of Little Champion Creek to its Rosie Creek and Cripple Creek, then registration permit. Permits will be headwaters, then northeasterly in a down Cripple Creek to its confluence issued to individuals only at the request direct line to Mile 140 on the Taylor with Ester Creek, then up Ester Creek to of the Native Village of Tanana. This Highway, is closed to the use of any its confluence with Ready Bullion three moose limit is not cumulative motorized vehicle for hunting from Creek, then up Ready Bullion Creek to with that permitted by the State.

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1±June 30. Brown Bear: Unit 20Ðexcept Unit 20(E)Ð1 bear every four regulatory years ...... Sept. 1±May 31. Caribou: Unit 20(E)Ð1 bull by Federal registration permit only; the season will close when a combined State/Federal harvest Aug. 10±Sept. 30. quota of 150 for the Fortymile herd has been reached. Nov. 15±Feb. 28. Unit 20(F)ÐTozitna River drainageÐ1 caribou; however, only bull caribou may be taken Aug. 10±Sept. 30 ...... Aug. 10±Sept. 30. Nov. 26±Dec. 10. Mar. 1±Mar. 15. Unit 20(F)Ðsouth of the Yukon RiverÐ1 caribou ...... Dec. 1±Dec. 31. Remainder of Unit 20(F)Ð1 bull ...... Aug. 10±Sept. 30. Moose: Unit 20(A)Ð1 antlered bull ...... Sept. 1±Sept. 20. Unit 20(B)Ðthat portion within the Minto Flats Management AreaÐ1 bull by Federal registration permit only ...... Sept. 1±Sept. 20. Jan. 10±Feb. 28. Unit 20(B)Ðthe drainage of the Middle Fork of the Chena River and that portion of the Salcha River Drainage up- Sept. 1±Sept. 20. stream from and including Goose CreekÐ1 antlered bull. Remainder of Unit 20(B)Ð1 antlered bull ...... Sept. 1±Sept. 20. Unit 20(C)Ðthat portion within Denali National Park and Preserve west of the Toklat River, excluding lands within Sept. 1±Sept. 30. Mount McKinley National Park as it existed prior to December 2, 1980Ð1 antlered bull; however, white-phased or Nov. 15±Dec. 15. partial albino (more than 50 percent white) moose may not be taken. Remainder of Unit 20(C)Ð1 antlered bull; however, white-phased or partial albino (more than 50 percent white) Sept. 1±Sept. 30. moose may not be taken. Unit 20(E)Ðthat portion drained by the Ladue, Sixty-mile, and Forty-mile Rivers (all forks) from Mile 9 1/2 to Mile Sept. 1±Sept. 15. 145 Taylor Highway, including the Boundary Cutoff RoadÐ1 antlered bull. Remainder of Unit 20(E)Ðthat portion draining into the Yukon River upstream from and including the Charley River Sept. 5±Sept. 30. drainage to and including the Boundary Creek drainages and the Taylor Highway from mile 145 to EagleÐ1 ant- lered bull. Unit 20(F)Ðthat portion within the Dalton Highway Corridor Management AreaÐ1 antlered bull by Federal registra- Sept. 1±Sept. 25. tion permit only. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39737

Harvest limits Open season

Remainder of Unit 20(F)Ð1 antlered bull ...... Sept. 1±Sept. 25. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Oct. 1 ...... Sept. 1±Mar. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: Unit 20(E)Ð2 lynx ...... Nov. 1±Jan. 31. Remainder of Unit 20Ð2 lynx ...... Dec. 1±Jan. 31. Wolf: 10 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): Unit 20(D)Ðthat portion south of the Tanana River and west of the Johnson RiverÐ15 per day, 30 in possession, Aug. 25±Mar. 31. provided that not more than 5 per day and 10 in possession are sharp-tailed grouse. Unit 20ÐRemainderÐ15 per day, 30 in possession ...... Aug. 10±Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): Unit 20Ðthose portions within five miles of Alaska Route 5 (Taylor Highway, both to Eagle and the Alaska-Canada Aug. 10±Mar. 31. boundary) and that portion of Alaska Route 4 (Richardson Highway) south of Delta JunctionÐ20 per day, 40 in possession. Unit 20ÐRemainderÐ20 per day, 40 in possession ...... Aug. 10±Apr. 30.

Trapping

Beaver: Unit 20(A), 20(B), Unit 20(C), Unit 20(E), and 20(D)Ðthat portion draining into the north bank of the Tanana River, Nov. 1±Apr. 15. including the islands in the Tanana RiverÐ25 beaver. Remainder of Unit 20(D)Ð15 beaver ...... Feb. 1±Apr. 15. Unit 20(F)Ð50 beaver ...... Nov. 1±Apr. 15. Coyote: Unit 20(E)ÐNo limit ...... Nov. 1±Feb. 28. Remainder Unit 20ÐNo limit ...... Nov. 1±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1±Feb. 28. Lynx: Unit 20(A), (B), (D), (E), and (C) east of the Teklanika RiverÐNo limit ...... Dec. 15±Jan. 15. Unit 20(F) and the remainder of 20(C)ÐNo limit ...... Dec. 1ÐJan. 31. Marten: No limit ...... Nov. 1±Feb. 28. Mink and Weasel: No limit ...... Nov. 1±Feb. 28. Muskrat: Unit 20(E)ÐNo limit ...... Sept. 20±June 10. Remainder of Unit 20ÐNo limit ...... Nov. 1±June 10. Otter: No limit ...... Nov. 1±Apr. 15. Wolf: Unit 20(E)ÐNo limit ...... Oct. 1±Apr. 30 Remainder of Unit 20ÐNo limit ...... Nov. 1±Mar. 31. Wolverine: No limit ...... Nov. 1±Feb. 28.

(21) Unit 21. (i) Unit 21 consists of (B) Unit 21(B) consists of the Yukon (D) Unit 21(D) consists of the Yukon drainages into the Yukon River River drainage upstream from Ruby and River drainage from and including the upstream from Paimiut to, but not east of the Ruby-Poorman Road, Blackburn Creek drainage upstream to including the Tozitna River drainage on downstream from and excluding the Ruby, including the area west of the the north bank, and to, but not Tozitna River and Tanana River Ruby-Poorman Road, excluding the including the Tanana River drainage on drainages, and excluding the Nowitna Koyukuk River drainage upstream from the south bank; and excluding the River drainage upstream from the Little the Dulbi River drainage, and excluding Koyukuk River upstream and including Mud River, and excluding the Melozitna the Dulbi River drainage upstream from from the Dulbi River drainage: River drainage upstream from Grayling Cottonwood Creek; (A) Unit 21(A) consists of the Innoko Creek; (E) Unit 21(E) consists of the Yukon River drainage upstream from and (C) Unit 21(C) consists of the River drainage from Paimiut upstream including the Iditarod River drainage, Melozitna River drainage upstream from to, but not including the Blackburn and the Nowitna River drainage Grayling Creek, and the Dulbi River Creek drainage, and the Innoko River upstream from the Little Mud River; drainage upstream from and including drainage downstream from the Iditarod the Cottonwood Creek drainage; River drainage. 39738 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

(ii) In the following areas, the taking and points outside the area; all hunters between publicly owned airports in the of wildlife for subsistence uses is on the Koyukuk River passing the Controlled Use Area or between a prohibited or restricted on public land: ADF&G operated check station at Ella’s publicly owned airport within the area (A) The Koyukuk Controlled Use Cabin (15 miles upstream from the and points outside the area. Area, which consists of those portions Yukon on the Koyukuk River) are (iii) Unit-specific regulations: of Units 21 and 24 bounded by a line required to stop and report to ADF&G (A) Bait may be used to hunt black from the north bank of the Yukon River personnel at the check station; bear between April 15 and June 30; at Koyukuk, then northerly to the (B) The Paradise Controlled Use Area, confluences of the Honhosa and Kateel which consists of that portion of Unit 21 (B) A firearm may be used to take Rivers, then northeasterly to the bounded by a line beginning at the old beaver with a trapping license in Unit confluences of Billy Hawk Creek and village of Paimiut, then north along the 21(E) from Apr. 1–June 1; the Huslia River (65° 57′ N. lat., 156° 41′ west bank of the Yukon River to (C) The taking of up to three moose W. long.), then easterly to the south end Paradise, then northwest to the mouth per regulatory year by the residents of of Solsmunket Lake, then east to of Stanstrom Creek on the Bonasila Unit 20 and 21 is allowed for the Hughes, then south to Little Indian River, then northeast to the mouth of the celebration known as the Nuchalawoyya River, then southwesterly to the crest of Anvik River, then along the west bank Potlatch, under the terms of a Federal Hochandochtla Mountain, then of the Yukon River to the lower end of registration permit. Permits will be southwest to the mouth of Cottonwood Eagle Island (approximately 45 miles issued to individuals only at the request Creek then southwest to Bishop Rock, north of Grayling), then to the mouth of of the Native Village of Tanana. This then westerly along the north bank of the Iditarod River, then down the east three moose limit is not cumulative the Yukon River (including Koyukuk bank of the Innoko River to its with that permitted by the State; Island) to the point of beginning, is confluence with Paimiut Slough, then (D) The taking of up to three moose closed during moose-hunting seasons to south along the east bank of Paimiut per regulatory year by the residents of the use of aircraft for hunting moose, Slough to its mouth, and then to the old Unit 21 is allowed for the celebration including transportation of any moose village of Paimiut, is closed during known as the Kaltag/Nulato Stickdance, hunter or moose part; however, this moose hunting seasons to the use of under the terms of a Federal registration does not apply to transportation of a aircraft for hunting moose, including permit. Permits will be issued to moose hunter or moose part by aircraft transportation of any moose hunter or individuals only at the request of the between publicly owned airports in the part of moose; however, this does not Native Village of Kaltag or Nulato. This controlled use area or between a apply to transportation of a moose three moose limit is not cumulative publicly owned airport within the area hunter or part of moose by aircraft with that permitted by the State.

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1±June 30. Brown Bear: 1 bear every four regulatory years ...... Sept. 1±May 31. Caribou: Unit 21 (A), (B), (C), and (E)Ð1 caribou ...... Aug. 10±Sept. 30. Unit 21(D)ÐNorth of the Yukon River and east of the Koyukuk River 1 caribou; however, 2 additional caribou may Aug. 10±Sept. 30. be taken during a winter season to be announced. Winter season to be announced. Unit 21(D)ÐRemainder (Western Arctic Caribou herd)Ð5 caribou per day; however, cow caribou may not be taken July 1±June 30. May 16±June 30. Moose: Unit 21(A)Ð1 bull ...... Aug. 20±Sept. 25. Nov. 1±Nov. 30. Unit 21 (B) and (C)Ð1 antlered bull ...... Sept. 5±Sept. 25. Unit 21(D)Ð1 moose; however, antlerless moose may be taken only from Sept. 21±Sept. 25 and Feb. 1±Feb. 10; Sept. 1±Sept. 25. moose may not be taken within one-half mile of the Yukon River during the February season. During the Sept. 1± Feb. 1±Feb. 10. Sept. 25 season, Federal lands within one-half mile of the Koyukuk River from 40 miles above its mouth to the lower end of the Three-Day Slough are closed to the taking of moose except by residents of Unit 21(D) and resi- dents of Huslia and Ruby. Unit 21(E)Ð1 moose; however, only bulls may be taken from Aug. 20±Sept. 25; moose may not be taken within Aug. 20±Sept. 25. one-half mile of the Innoko or Yukon River during the February season. Feb. 1±Feb. 10. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Oct. 1 ...... Sept. 1±Mar. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Nov. 1±Feb. 28. Wolf: 5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Apr. 30. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39739

Harvest limits Open season

Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Apr. 30.

Trapping

Beaver: Unit 21(E)ÐNo Limit ...... Nov. 1±June 1. Remainder of Unit 21ÐNo Limit ...... Nov. 1±Apr. 15. Coyote: No limit ...... Nov. 1±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1±Feb. 28. Lynx: No limit ...... Nov. 1±Feb. 28. Marten: No limit ...... Nov. 1±Feb. 28. Mink and Weasel: No limit ...... Nov. 1±Feb. 28. Muskrat: No limit ...... Nov. 1±June 10. Otter: No limit ...... Nov. 1±Apr. 15. Wolf: No limit ...... Nov. 1±Mar. 31. Wolverine: No limit ...... Nov. 1±Mar. 31.

(22) Unit 22. (i) Unit 22 consists of (B) Unit 22(B) consists of Norton (E) Unit 22(E) consists of Bering Sea, Bering Sea, Norton Sound, Bering Strait, Sound drainages from, but excluding, Bering Strait, Chukchi Sea, and Chukchi Sea, and Kotzebue Sound the Ungalik River drainage to, and Kotzebue Sound drainages from Cape drainages from, but excluding, the including, the Topkok Creek drainage; York to, but excluding, the Goodhope Pastolik River drainage in southern (C) Unit 22(C) consists of Norton River drainage, and including Little Norton Sound to, but not including, the Sound and Bering Sea drainages from, Diomede Island and Fairway Rock. Goodhope River drainage in Southern but excluding, the Topkok Creek Kotzebue Sound, and all adjacent (ii) Unit-specific regulations: drainage to, and including, the Tisuk islands in the Bering Sea between the (A) A firearm may be used to take River drainage, and King and Sledge mouths of the Goodhope and Pastolik beaver with a trapping license in Unit Islands; Rivers: 22 during the established seasons; (D) Unit 22(D) consists of that portion (A) Unit 22(A) consists of Norton (B) Coyote, incidentally taken with a Sound drainages from, but excluding, of Unit 22 draining into the Bering Sea trap or snare intended for red fox or the Pastolik River drainage to, and north of, but not including, the Tisuk wolf, may be used for subsistence including, the Ungalik River drainage, River to and including Cape York, and purposes. and Stuart and Besboro Islands; St. Lawrence Island;

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1±June 30. Brown Bear: Unit 22(A)Ð1 bear by residents of Unit 22(A) only ...... Sept. 1±Oct. 31. Apr. 15±May 25. Unit 22(B)Ð1 bear by residents of Unit 22(B) only ...... Sept. 1±Oct. 31. Apr. 15±May 25. Unit 22(C) ...... No open season. Remainder of Unit 22Ð1 bear every four regulatory years ...... Sept. 1±Oct. 31. Apr. 15±May 25. Caribou: Unit 22(A) and (B)Ð5 caribou per day; however, cow caribou may not be taken May 16±June 30 ...... July 1±June 30. Moose: Unit 22(A)Ð1 antlered bull; however, the period of Dec. 1±Jan. 31 is restricted to residents of Unit 22(A) only ...... Aug. 1±Sept. 30. Dec. 1±Jan. 31. Unit 22(B)Ð1 moose; however, antlerless moose may be taken only from Dec. 1±Dec. 31; no person may take a Aug. 1.±Jan. 31. cow accompanied by a calf. Unit 22(C)Ð1 antlered bull ...... Sept. 1±Sept. 14. Unit 22(D)Ð1 moose; however, antlerless moose may be taken only from Dec. 1±Dec. 31; no person may take a Aug. 1±Jan. 31. cow accompanied by a calf. Unit 22(E)Ð1 moose; no person may take a cow accompanied by a calf ...... Aug. 1±Mar. 31. 39740 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Harvest limits Open season

Muskox: Unit 22(D) and (E)Ð1 bull by Federal registration permit only. Federal public lands are closed to the taking of Sept. 1±Jan. 31. muskox except by Federally-qualified subsistence users. The season in each subunit will be closed when 8 bulls and 7 bulls are taken in Units 22(D) and (E) respectively. Remainder of Unit 22 ...... No open season. Beaver: Unit 22(A) and (B)Ð50 beaver ...... Nov. 1±June 10. Unit 22(D)Ð50 beaver ...... Nov. 1±Apr. 15. Unit 22 Remainder ...... No open season. Coyote: Federal public lands are closed to the taking of coyotes ...... No open season. Fox, Arctic (Blue and White Phase): 2 foxes. Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes ...... Nov. 1±Apr. 15. Hare (Snowshoe and Tundra): No limit ...... Sept. 1±Apr. 15. Lynx: 2 lynx ...... Nov. 1±Apr. 15. Marten: Unit 22(A) 22(B)ÐNo limit ...... Nov. 1±Apr. 15. Unit 22 Remainder ...... No open season. Mink and Weasel: No limit ...... Nov. 1±Jan. 31. Otter: No limit ...... Nov. 1±Apr. 15. Wolf: No limit ...... Nov. 1±Apr. 15. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): Unit 22(A) and 22(B) east of and including the Niukluk River drainageÐ40 per day, 80 in possession ...... Aug. 10±Apr. 30. Unit 22 RemainderÐ20 per day, 40 in possession ...... Aug. 10±Apr. 30.

Trapping

Beaver: Unit 22(A) and (B)Ð50 beaver ...... Nov. 1±June 10. Unit 22(C), (D), and (E)Ð50 beaver ...... Nov. 1±Apr. 15. Coyote: Federal public lands are closed to the taking of coyotes ...... No open season. Fox, Arctic (Blue and White Phase): No limit ...... Nov. 1±Apr. 15. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1±Apr. 15. Lynx: No limit ...... Nov. 1±Apr. 15. Marten: No limit ...... Nov. 1±Apr. 15. Mink and Weasel: No limit ...... Nov. 1±Jan. 31. Muskrat: No limit ...... Nov. 1±June 10. Otter: No limit ...... Nov. 1±Apr. 15. Wolf: No limit ...... Nov. 1±Apr. 15. Wolverine: No limit ...... Nov. 1±Apr. 15.

(23) Unit 23. (i) Unit 23 consists of (A) The Noatak Controlled Use Area, use of aircraft in any manner either for Kotzebue Sound, Chukchi Sea, and which consists of that portion of Unit 23 hunting of ungulates, bear, wolves, or Arctic Ocean drainages from and in a corridor extending five miles on wolverine, or for transportation of including the Goodhope River drainage either side of the Noatak River hunters or harvested species. This does to Cape Lisburne. beginning at the mouth of the Noatak not apply to the transportation of (ii) In the following areas, the taking River, and extending upstream to the hunters or parts of ungulates, bear, of wildlife for subsistence uses is mouth of Sapun Creek, is closed for the wolves, or wolverine by regularly prohibited or restricted on public land: period August 25–September 15 to the scheduled flights to communities by Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39741 carriers that normally provide State registration permit prior to to this area, nor does it apply to scheduled air service; hunting; aircraft may not be used in the transportation of aircraft to or between (B) The Northwest Alaska Brown Bear Northwest Alaska Brown Bear publicly owned airports. Management Area, which consists of Management Area in any manner for (iii) Unit-specific regulations: those portions of Unit 23, except the brown bear hunting under the authority Baldwin Peninsula north of the Arctic of a brown bear State registration (A) Caribou may be taken from a boat Circle, Unit 24, and Unit 26(A) is open permit, including transportation of under power in Unit 23; to brown bear hunting by State hunters, bears or parts of bears; (B) Swimming caribou may be taken registration permit in lieu of a resident however, this does not apply to with a firearm using rimfire cartridges; tag; no resident tag is required for taking transportation of bear hunters or bear (C) A firearm may be used to take brown bears in the Northwest Alaska parts by regularly scheduled flights to Brown Bear Management Area, and between communities by carriers beaver with a trapping license in all of provided that the hunter has obtained a that normally provide scheduled service Unit 23 from Nov. 1–Jun. 10.

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1±June 30. Brown Bear: Unit 23Ðexcept the Baldwin Peninsula north of the Arctic CircleÐ1 bear ...... Sept. 1±May 31. Remainder of Unit 23Ð1 bear every four regulatory years ...... Sept. 1±Oct. 10. Apr. 15±May 25. Caribou: 15 caribou per day; however, cow caribou may not be taken May 16±June 30 ...... July 1±June 30. Sheep: Unit 23±that portion west of Howard Pass and the Aniuk, Cutler and Redstone Rivers ...... No open season. Remainder of Unit 23Ð1 ram with 7/8 curl horn or larger ...... Aug. 10±Sept. 20. Remainder of Unit 23Ð1 sheep ...... Oct. 1±Apr. 30. Moose: Unit 23Ðthat portion north and west of and including the Singoalik River drainage, and all lands draining into the July 1±Mar. 31. Kukpuk and Ipewik RiversÐ1 moose; no person may take a cow accompanied by a calf. Unit 23Ðthat portion lying within the Noatak River drainageÐ1 moose; however, antlerless moose may be taken Aug. 1±Sept. 15. only from Nov. 1±Mar. 31; no person may take a cow accompanied by a calf. Oct. 1±Mar. 31. Remainder of Unit 23Ð1 moose; no person may take a cow accompanied by a calf ...... Aug. 1±Mar. 31. Muskox: Unit 23 South of Kotzebue Sound and west of and including the Buckland River drainageÐ1 bull by Federal reg- Sept. 1±Jan. 31. istration permit only. Federal public lands are closed to the taking of muskox except by Federally-qualified sub- sistence users. The season will be closed when 9 bulls have been taken. Remainder of Unit 23 ...... No open season. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Arctic (Blue and White Phase): 2 foxes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Oct. 1 ...... Sept. 1±Mar. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Dec. 1±Jan. 15. Wolf: 5 wolves ...... Nov. 10±Mar. 31. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Apr. 30.

Trapping

Beaver: Unit 23Ðthe Kobuk and Selawik River drainagesÐ50 beaver ...... Nov. 1±June 10. Remainder of Unit 23Ð30 beaver ...... Nov. 1±June 10. Coyote: No limit ...... Nov. 1±Apr. 15. Fox, Arctic (Blue and White Phase): No limit ...... Nov. 1±Apr. 15. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1±Apr. 15. Lynx: 3 lynx ...... Dec. 1±Jan. 15. 39742 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Harvest limits Open season

Marten: No limit ...... Nov. 1±Apr. 15. Mink and Weasel: No limit ...... Nov. 1±Jan. 31. Muskrat: No limit ...... Nov. 1±June 10. Otter: No limit ...... Nov. 1±Apr. 15. Wolf: No limit ...... Nov. 10±Mar. 31. Wolverine: No limit ...... Nov. 1±Apr. 15.

(24) Unit 24. (i) Unit 24 consists of the closed during moose-hunting seasons to on the Koyukuk River passing the Koyukuk River drainage upstream from the use of aircraft for hunting moose, ADF&G operated check station at Ella’s but not including the Dulbi River including transportation of any moose Cabin (15 miles upstream from the drainage. hunter or moose part; however, this Yukon on the Koyukuk River) are (ii) In the following areas, the taking does not apply to transportation of a required to stop and report to ADF&G of wildlife for subsistence uses is moose hunter or moose part by aircraft personnel at the check station; prohibited or restricted on public land: between publicly owned airports in the (D) The Northwest Alaska Brown Bear (A) The Dalton Highway Corridor controlled use area or between a Management Area, which consists of Management Area, which consists of publicly owned airport within the area those portions of Unit 23, except the those portions of Units 20, 24, 25, and and points outside the area; Baldwin Peninsula north of the Arctic 26 extending five miles from each side (C) The Koyukuk Controlled Use Circle, Unit 24, and Unit 26(A), is open of the Dalton Highway from the Yukon to brown bear hunting by State River to milepost 300 of the Dalton Area, which consists of those portions of Units 21 and 24 bounded by a line registration permit in lieu of a resident Highway, is closed to the use of tag. No resident tag is required for motorized vehicles, except aircraft and from the north bank of the Yukon River at Koyukuk, then northerly to the taking brown bears in the Northwest boats, and to licensed highway vehicles, Alaska Brown Bear Management Area, snowmobiles, and firearms except as confluences of the Honhosa and Kateel Rivers, then northeasterly to the provided that the hunter has obtained a follows: The use of snowmobiles is State registration permit prior to authorized only for the subsistence confluences of Billy Hawk Creek and ° ′ ° ′ hunting. Aircraft may not be used in the taking of wildlife by residents living the Huslia River (65 57 N. lat., 156 41 W. long.), then easterly to the south end Northwest Alaska Brown Bear within the Dalton Highway Corridor Management Area in any manner for Management Area. The use of licensed of Solsmunket Lake, then east to brown bear hunting under the authority highway vehicles is limited only to Hughes, then south to Little Indian of a brown bear State registration designated roads within the Dalton River, then southwesterly to the crest of permit, including transportation of Highway Corridor Management Area. Hochandochtla Mountain, then hunters, bears or parts of bears. The use of firearms within the Corridor southwest to the mouth of Cottonwood However, this does not apply to is authorized only for the residents of Creek, then southwest to Bishop Rock, transportation of bear hunters or bear Alatna, Allakaket, Anaktuvuk Pass, then westerly along the north bank of parts by regularly scheduled flights to Bettles, Evansville, Stevens Village, and the Yukon River (including Koyukuk and between communities by carriers residents living within the Corridor; Island) to the point of beginning, is (B) The Kanuti Controlled Use Area, closed during moose-hunting seasons to that normally provide scheduled service which consists of that portion of Unit 24 the use of aircraft for hunting moose, to this area, nor does it apply to bounded by a line from the Bettles Field including transportation of any moose transportation of aircraft to or between VOR to the east side of Fish Creek Lake, hunter or moose part; however, this publicly owned airports. to Old Dummy Lake, to the south end does not apply to transportation of a (iii) Unit-specific regulations: of Lake Todatonten (including all waters moose hunter or moose part by aircraft (A) Bait may be used to hunt black of these lakes), to the northernmost between publicly owned airports in the bear between April 15 and June 30; headwaters of Siruk Creek, to the controlled use area or between a (B) Arctic fox, incidentally taken with highest peak of Double Point Mountain, publicly owned airport within the area a trap or snare intended for red fox, may then back to the Bettles Field VOR, is and points outside the area; all hunters be used for subsistence purposes.

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1±June 30. Brown Bear: Unit 24Ð1 bear ...... Sept. 1±May 31. Caribou: Unit 24Ðthe Kanuti River drainage upstream from Kanuti, Chalatna Creek, the Fish Creek drainage (including Bo- Aug. 10±Sept. 30. nanza Creek)Ð1 bull. Remainder of Unit 24Ð5 caribou per day; however, cow caribou may not be taken May 16±June 30 ...... July 1±June 30. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39743

Harvest limits Open season

Sheep: Unit 24Ðthat portion within the Gates of the Arctic National ParkÐ3 sheep ...... Aug. 1±Apr. 30. Unit 24Ðthat portion within the Dalton Highway Corridor Management Area; except, Gates of the Arctic National Aug. 10±Sept. 20. ParkÐ1 ram with 7/8 curl horn or larger by Federal registration permit only. Remainder of Unit 24Ð1 ram with 7/8 curl horn or larger ...... Aug. 10±Sept. 20. Moose: Unit 24Ðthat portion within the Koyukuk Controlled Use AreaÐ1 moose; however, antlerless moose may be taken Sept. 5±Sept. 25. only during the periods of Sept. 21±Sept. 25, Dec. 1±Dec. 10, and Mar. 1±Mar. 10. Dec. 1±Dec. 10. Mar. 1±Mar. 10. Unit 24Ðthat portion that includes the John River drainage within the Gates of the Arctic National ParkÐ1 moose Aug. 1±Dec. 31. Unit 24Ðthe Alatna River drainage within the Gates of the Arctic National ParkÐ1 moose; however, antlerless Aug. 1±Dec. 31. moose may be taken only from Sept. 21±Sept. 25 and Mar. 1±Mar. 10. Mar. 1±Mar. 10. Unit 24Ðall drainages to the north of the Koyukuk River upstream from and including the Alatna River to and in- Aug. 25±Sept. 25. cluding the North Fork of the Koyukuk River, except those portions of the John River and the Alatna River drain- Mar. 1±Mar. 10. ages within the Gates of the Arctic National ParkÐ1 moose; however, antlerless moose may be taken only from Sept. 21±Sept. 25 and Mar. 1±Mar. 10. Unit 24Ðthat portion within the Dalton Highway Corridor Management Area; except, Gates of the Arctic National Aug. 25±Sept. 25. ParkÐ1 antlered bull by Federal registration permit only. Remainder of Unit 24Ð1 antlered bull. Public lands in the Kanuti Controlled Use Area are closed to taking of Aug. 25±Sept. 25. moose, except by eligible rural Alaska residents during seasons identified above. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Oct. 1 ...... Sept. 1±Mar. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Nov. 1±Feb. 28. Wolf: 5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Apr. 30.

Trapping

Beaver: No limit ...... Nov. 1±Apr. 15. Coyote: No limit ...... Nov. 1±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1±Feb. 28. Lynx: No limit ...... Nov. 1±Feb. 28. Marten: No limit ...... Nov. 1±Feb. 28. Mink and Weasel: No limit ...... Nov. 1±Feb. 28. Muskrat: No limit ...... Nov. 1±June 10. Otter: No limit ...... Nov. 1±Apr. 15. Wolf: No limit ...... Nov. 1±Mar. 31. Wolverine: No limit ...... Nov. 1±Mar. 31.

(25) Unit 25. (i) Unit 25 consists of the the East Fork drainage, the Christian and including the Salmon Fork Yukon River drainage upstream from River drainage upstream from Christian, drainage, the Porcupine River drainage but not including the Hamlin Creek the Sheenjek River drainage upstream upstream from the confluence of the drainage, and excluding drainages into from and including the Thluichohnjik Coleen and Porcupine Rivers, and the south bank of the Yukon River Creek, the Coleen River drainage, and drainages into the north bank of the upstream from the Charley River: the Old Crow River drainage; Yukon River upstream from Circle, (A) Unit 25(A) consists of the (B) Unit 25(B) consists of the Little including the islands in the Yukon Hodzana River drainage upstream from Black River drainage upstream from but River; the Narrows, the Chandalar River not including the Big Creek drainage, (C) Unit 25(C) consists of drainages drainage upstream from and including the Black River drainage upstream from into the south bank of the Yukon River 39744 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations upstream from Circle to the Subunit taking of wildlife by residents living approximately 6 miles where the stream 20(E) boundary, the Birch Creek within the Dalton Highway Corridor forks into two roughly equal drainages; drainage upstream from the Steese Management Area. The use of licensed the boundary follows the easternmost Highway bridge (milepost 147), the highway vehicles is limited only to fork, proceeding almost due north to the Preacher Creek drainage upstream from designated roads within the Dalton headwaters and intersects the and including the Rock Creek drainage, Highway Corridor Management Area. Continental Divide; the boundary then and the Beaver Creek drainage upstream The use of firearms within the Corridor follows the Continental Divide easterly, from and including the Moose Creek is authorized only for the residents of through Carter Pass, then easterly and drainage; Alatna, Allakaket, Anaktuvuk Pass, northeasterly approximately 62 miles (D) Unit 25(D) consists of the Bettles, Evansville, Stevens Village, and along the divide to the head waters of remainder of Unit 25. residents living within the Corridor; the most northerly tributary of Red (ii) In the following areas, the taking Sheep Creek then follows southerly of wildlife for subsistence uses is (B) The Arctic Village Sheep Management Area; that portion of Unit along the divide designating the eastern prohibited or restricted on public land: extreme of the Red Sheep Creek 25(A) north and west of Arctic Village, (A) The Dalton Highway Corridor drainage then to the confluence of Red which is bounded on the east by the Management Area, which consists of Sheep Creek and the East Fork East Fork Chandalar River beginning at those portions of Units 20, 24, 25, and Chandalar River. Sheep hunting in this the confluence of Red Sheep Creek and 26 extending five miles from each side area is restricted to residents of Arctic proceeding southwesterly downstream of the Dalton Highway from the Yukon Village, Venetie, Fort Yukon, Kaktovik past Arctic Village to the confluence River to milepost 300 of the Dalton and Chalkytsik. Highway, is closed to the use of with Crow Nest Creek, continuing up motorized vehicles, except aircraft and Crow Nest Creek, through Portage Lake, (iii) Unit-specific regulations: boats, and to licensed highway vehicles, to its confluence with the Junjik River; (A) Bait may be used to hunt black snowmobiles, and firearms except as then down the Junjik River past Timber bear between April 15 and June 30; follows: The use of snowmobiles is Lake and a larger tributary, to a major, (B) Caribou and moose may be taken authorized only for the subsistence unnamed tributary, northwesterly, for from a boat under power in Unit 25.

Harvest limits Open season

Hunting

Black Bear: 3 bears ...... July 1±June 30. Caribou: Unit 25(A), (B), and the remainder of Unit 25(D)Ð10 caribou; however, no more than 5 caribou may be transported July 1±Apr. 30. from these units per regulatory year. Unit 25(C)Ðthat portion south and east of the Steese HighwayÐ1 bull by Federal registration permit only; the sea- Aug. 10±Sept. 30. son will close when a harvest quota for the Fortymile herd has been reached. The harvest quota will be deter- Dec. 1±Feb. 28. mined by the Board after consultation with ADF&G and announced before the season opening. 25(C)Ðthat portion north and west of the Steese HighwayÐ1 caribou; however, only bull caribou may be taken dur- Aug. 10±Sept. 20. ing the Aug. 10ÐSept. 20 season. During the winter season, caribou may be taken only with a Federal registra- Feb. 15±Mar. 15. tion permit. Unit 25 (D)Ðthat portion of Unit 25(D) drained by the west fork of the Dall River west of 150° W. long.Ð1 bull ...... Aug. 10±Sept. 30. Dec. 1±Dec. 31. Sheep: Unit 25(A)Ðthat portion within the Dalton Highway Corridor Management Area ...... No open season. Unit 25(A)ÐArctic Village Sheep Management AreaÐ2 rams by Federal registration permit only. Public lands are Aug. 10±Apr. 30. closed to the taking of sheep except by rural Alaska residents of Arctic Village, Venetie, Fort Yukon, Kaktovik and Chalkytsik during seasons identified above. Remainder of Unit 25(A)Ð3 sheep by Federal registration permit only ...... Aug. 10±Apr. 30. Moose: Unit 25(A)Ð1 antlered bull ...... Aug. 25±Sept. 25. Dec. 1±Dec. 10. Unit 25(B)Ðthat portion within the Porcupine River drainage upstream from, but excluding the Coleen River drain- Aug. 25±Sept. 30. ageÐ1 antlered bull. Dec. 1±Dec. 10. Unit 25(B)Ðthat portion draining into the north bank of the Yukon River upstream from and including the Kandik Sept. 5±Sept. 30. River drainage, including the islands in the Yukon RiverÐ1 antlered bull. Dec. 1±Dec. 15. Remainder of Unit 25(B)Ð1 antlered bull ...... Aug. 25±Sept. 25. Dec. 1±Dec. 15. Unit 25(C)Ð1 antlered bull ...... Sept. 1±Sept. 15. Unit 25(D) (West)Ðthat portion lying west of a line extending from the Unit 25(D) boundary on Preacher Creek, Aug. 25±Feb. 28. then downstream along Preacher Creek, Birch Creek and Lower Mouth Birch Creek to the Yukon River, then downstream along the north bank of the Yukon River (including islands) to the confluence of the Hadweenzik River, then upstream along the west bank of the Hadweenzik River to the confluence of Forty and One-Half Mile Creek, then upstream along Forty and One-Half Mile Creek to Nelson Mountain on the Unit 25(D) boundaryÐ1 bull by a Federal registration permit. Alternate permits allowing for designated hunters are available to qualified applicants who reside in Beaver, Birch Creek, or Stevens Village. Moose hunting on public land in this portion of Unit 25(D) (West) is closed at all times except for residents of Beaver, Birch Creek and Stevens Village during seasons identified above. The moose season will be closed when 30 antlered moose have been harvested in the entirety of Unit 25(D) (West). Remainder of Unit 25(D)Ð1 antlered moose ...... Aug. 25±Sept. 25. Dec. 1±Dec. 20. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39745

Harvest limits Open season

Beaver: Unit 25, excluding Unit 25(C)Ð1 beaver per day; 1 in possession ...... Apr. 16±Oct. 31. Unit 25(C) ...... No open season. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Oct. 1 ...... Sept. 1±Mar. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: Unit 25(C)Ð2 lynx ...... Dec. 1±Jan. 31. Remainder of Unit 25Ð2 lynx ...... Nov. 1±Feb. 28. Wolf: Unit 25(A)ÐNo limit ...... Aug. 10±Apr. 30. Remainder of Unit 25Ð10 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): Unit 25(C)Ð15 per day, 30 in possession ...... Aug. 10±Mar. 31. Remainder of Unit 25Ð15 per day, 30 in possession ...... Aug. 10±Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): Unit 25(C)Ðthose portions within 5 miles of Route 6 (Steese Highway)Ð20 per day, 40 in possession ...... Aug. 10±Mar. 31. Remainder of Unit 25Ð20 per day, 40 in possession ...... Aug. 10±Apr. 30.

Trapping

Beaver: Unit 25(C)Ð25 beaver ...... Nov. 1±Apr. 15. Remainder of Unit 25Ð50 beaver ...... Nov. 1±Apr. 15. Coyote: No limit ...... Nov. 1±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1±Feb. 28. Lynx: Unit 25(C)ÐNo limit ...... Dec. 1±Jan. 31. Remainder of Unit 25ÐNo limit ...... Nov. 1±Feb. 28. Marten: No limit ...... Nov. 1±Feb. 28. Mink and Weasel: No limit ...... Nov. 1±Feb. 28. Muskrat: No limit ...... Nov. 1±June 10. Otter: No limit ...... Nov. 1±Apr. 15. Wolf: No limit ...... Nov. 1±Mar. 31. Wolverine: Unit 25(C)ÐNo limit ...... Nov. 1±Feb. 28. Remainder of Unit 25ÐNo limit ...... Nov. 1±Mar. 31.

(26) Unit 26. (i) Unit 26 consists of (A) The Unit 26(A) Controlled Use those portions of Units 20, 24, 25, and Arctic Ocean drainages between Cape Area, which consists of Unit 26(A), is 26 extending five miles from each side Lisburne and the Alaska-Canada border closed to the use of aircraft in any of the Dalton Highway from the Yukon including the Firth River drainage manner for moose hunting, including River to milepost 300 of the Dalton within Alaska: transportation of moose hunters or parts Highway, is closed to the use of (A) Unit 26(A) consists of that portion of moose from Aug. 1–Aug. 31 and from motorized vehicles, except aircraft and of Unit 26 lying west of the Itkillik River Jan. 1–Mar. 31. No hunter may take or boats, and to licensed highway vehicles, drainage and west of the east bank of the transport a moose, or part of a moose in snowmobiles, and firearms except as Colville River between the mouth of the Unit 26(A) after having been transported follows: The use of snowmobiles is Itkillik River and the Arctic Ocean; by aircraft into the unit. However, this authorized only for the subsistence (B) Unit 26(B) consists of that portion does not apply to transportation of taking of wildlife by residents living of Unit 26 east of Unit 26(A), west of the moose hunters or moose parts by within the Dalton Highway Corridor west bank of the Canning River and regularly scheduled flights to and Management Area. The use of licensed west of the west bank of the Marsh Fork between villages by carriers that highway vehicles is limited only to of the Canning River; normally provide scheduled service to designated roads within the Dalton this area, nor does it apply to (C) Unit 26(C) consists of the Highway Corridor Management Area. transportation by aircraft to or between remainder of Unit 26. The use of firearms within the Corridor publicly owned airports; (ii) In the following areas, the taking is authorized only for the residents of of wildlife for subsistence uses is (B) The Dalton Highway Corridor Alatna, Allakaket, Anaktuvuk Pass, prohibited or restricted on public land: Management Area, which consists of 39746 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Bettles, Evansville, Stevens Village, and provided that the hunter has obtained a and between communities by carriers residents living within the Corridor; State registration permit prior to that normally provide scheduled service (C) The Northwest Alaska Brown Bear hunting. Aircraft may not be used in the to this area, nor does it apply to Management Area, which consists of Northwest Alaska Brown Bear transportation of aircraft to or between those portions of Unit 23, except the Management Area in any manner for publicly owned airports. Baldwin Peninsula north of the Arctic brown bear hunting under the authority (iii) Unit-specific regulations: Circle, Unit 24, and Unit 26(A), is open of a brown bear State registration to brown bear hunting by State permit, including transportation of (A) Caribou may be taken from a boat registration permit in lieu of a resident hunters, bears or parts of bears. under power in Unit 26; tag. No resident tag is required for However, this does not apply to (B) Swimming caribou may be taken taking brown bears in the Northwest transportation of bear hunters or bear with a firearm using rimfire cartridges. Alaska Brown Bear Management Area, parts by regularly scheduled flights to

Harvest limits Open season

Hunting:

Black Bear: 3 bears ...... July 1±June 30. Brown Bear: Unit 26±1 bear ...... Sept. 1±May 31. Caribou: Unit 26(A)±10 caribou per day; however, cow caribou may not be taken May 16±June 30. Federal lands south of July 1±June 30. the Colville River and east of the the Killik River are closed to the the taking of caribou by non-Federally qualified subsistence users from Aug. 1±Sept. 30. Unit 26(B)±10 caribou per day; however, cow caribou may be taken only from Oct. 1±Apr. 30 ...... July 1±June 30. Unit 26(C)±10 caribou per day ...... July 1±Apr. 30. Not more than 5 caribou per regulatory year may be transported from Unit 26 except to the community of Anaktuvuk Pass. Sheep: Unit 26(A)±those portions within the Gates of the Arctic National Park±3 sheep ...... Aug. 1±Apr. 30. Unit 26(A)±that portion west of Howard Pass and the Etivluk River ...... No open season. Unit 26(B)±that portion within the Dalton Highway Corridor Management Area±1 ram with 7/8 curl horn or larger by Aug. 10±Sept. 20. Federal registration permit only. Remainder of Unit 26(A) and (B)Ðincluding the Gates of the Arctic National Preserve±1 ram with 7/8 curl horn or Aug. 10±Sept. 20. larger. Unit 26(C)±3 sheep per regulatory year; the Aug. 10±Sept. 20 season is restricted to 1 ram with 7/8 curl horn or Aug. 10±Sept. 20. larger. A Federal registration permit is required for the Oct. 1±Apr. 30 season. Kaktovik residents may harvest Oct. 1±Apr. 30. sheep in accordance with a Federal community harvest strategy for Unit 26(C) which provides for take of up to two harvest limits of 3 sheep by designated hunter. Moose: Unit 26(A)±that portion of the Colville River drainage downstream from the mouth of the Anaktuvuk River±1 bull. Aug. 1±31. Federal public lands are closed to the taking of moose by non-Federally qualified subsistence users. Remainder of Unit 26 ...... No open season. Muskox: Unit 26(C)±1 bull by Federal registration permit only; up to 15 permits may be issued to rural Alaska residents of Sept. 15±Mar. 31. the village of Kaktovik only. Public lands are closed to the taking of muskox, except by rural Alaska residents of the village of Kaktovik during seasons identified above. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Arctic (Blue and White Phase): 2 foxes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): Unit 26(A) and (B)±10 foxes; however, no more than 2 foxes may be taken prior to Oct. 1 ...... Sept. 1±Mar. 15. Unit 26(C)±10 foxes...... Nov. 1±Apr. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Nov. 1±Apr. 15. Wolf: 15 wolves ...... Aug. 10±Apr. 30. Wolverine: 5 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Apr. 30.

Trapping

Coyote: No limit ...... Nov. 1±Apr. 15. Fox, Arctic (Blue and White Phase): No limit ...... Nov. 1±Apr. 15. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39747

Harvest limits Open season

Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1±Apr. 15. Lynx: No limit ...... Nov. 1±Apr. 15. Marten: No limit ...... Nov. 1±Apr. 15. Mink and Weasel: No limit ...... Nov. 1±Jan. 31. Muskrat: No limit ...... Nov. 1±June 10. Otter: No limit ...... Nov. 1±Apr. 15. Wolf: No limit ...... Nov. 1±Apr. 30. Wolverine: No limit ...... Nov. 1±Apr. 15.

4. In Subpart D of 36 CFR 36 part 242 snow crab (Chionoecetes spp.); and line and lead line, and which is fished and 50 CFR part 100, §§ ll.26 and Dungeness crab (Cancer magister). from the surface of the water. ll.27 are added effective January 1, Dip net means a bag-shaped net Grappling hook means a hooked 1997, through December 31, 1997, to supported on all sides by a rigid frame; device with flukes or claws, which is read as follows: the maximum straight-line distance attached to a line and operated by hand. § ll.26 Subsistence taking of fish. between any two points on the net Groundfish—bottomfish means any (a) Applicability. (1) Regulations in frame, as measured through the net marine finfish except halibut, osmerids, this section apply to the taking of opening, may not exceed five feet; the herring and salmonids. finfish, excluding halibut, or their parts depth of the bag must be at least one- Hand purse seine means a floating net for subsistence uses. half of the greatest straight-line distance, which is designed to surround fish and (2) Finfish, excluding halibut, may be as measured through the net opening; which can be closed at the bottom by taken for subsistence uses at any time by no portion of the bag may be pursing the lead line; pursing may only any method unless restricted by the constructed of webbing that exceeds a be done by hand power, and a free- subsistence fishing regulations found in stretched measurement of 4.5 inches; running line through one or more rings this section. the frame must be attached to a single attached to the lead line is not allowed. (b) Definitions. The following rigid handle and be operated by hand. Herring pound means an enclosure definitions shall apply to all regulations Diving Gear means any type of hard used primarily to contain live herring contained in this section and hat or skin diving equipment, including over extended periods of time. § lll.27: SCUBA equipment. Hung measure means the maximum length of the cork line when measured Abalone Iron means a flat device Drainage means all of the waters wet or dry with traction applied at one which is used for taking abalone and comprising a watershed including end only. which is more than one inch (24 mm) tributary rivers, streams, sloughs, ponds Jigging gear means a line or lines with in width and less than 24 inches (610 and lakes which contribute to the lures or baited hooks, drawn through mm) in length, with all prying edges supply of the watershed. the water by hand, and which are rounded and smooth. Drift gill net means a drifting gill net operated during periods of ice cover ADF&G means the Alaska Department that has not been intentionally staked, from holes cut in the ice. anchored or otherwise fixed. of Fish and Game. Lead means either a length of net Anchor means a device used to hold Federal lands means lands and waters employed for guiding fish into a seine, a salmon fishing vessel or net in a fixed and interests therein the title to which set gill net, or other length of net, or a position relative to the beach; this is in the United States. length of fencing employed for guiding includes using part of the seine or lead, Fishwheel means a fixed, rotating fish into a fishwheel, fyke net or dip net. a ship’s anchor, or being secured to device for catching fish which is driven Long line means either a stationary, another vessel or net that is anchored. by river current or other means of buoyed, or anchored line, or a floating, Bag Limit means the maximum legal power. free-drifting line with lures or baited take per person or designated group, per Freshwater of streams and rivers hooks attached. specified time period, even if part or all means the line at which freshwater is Possession limit means the maximum of the fish are preserved. separated from saltwater at the mouth of number of fish a person or designated Beach seine means a floating net streams and rivers by a line drawn group may have in possession if the fish which is designed to surround fish and between the seaward extremities of the have not been canned, salted, frozen, is set from and hauled to the beach. exposed tideland banks at the present smoked, dried, or otherwise preserved Char means the following species: stage of the tide. so as to be fit for human consumption Arctic char (Salvelinus alpinis); lake Fyke net means a fixed, funneling after a 15 day period. trout (Salvelinus namaycush); and Dolly (fyke) device used to entrap fish. Pot means a portable structure Varden (Salvelinus malma). Gear means any type of fishing designed and constructed to capture and Crab means the following species: red apparatus. retain live fish and shellfish in the king crab (Paralithodes camshatica); Gill net means a net primarily water. blue king crab (Paralithodes platypus); designed to catch fish by entanglement Public lands or public land means brown king crab (Lithodes aequispina); in a mesh that consists of a single sheet lands situated in the State of Alaska Lithodes couesi; all species of tanner or of webbing which hangs between cork which are Federal lands, except— 39748 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

(1) Land selections of the State of To operate fishing gear means any of more than one-half the width of any Alaska which have been tentatively the following: the deployment of gear in stream. A stationary fishing device may approved or validly selected under the the waters of Alaska; the removal of gear obstruct not more than one-half the Alaska Statehood Act and lands which from the waters of Alaska; the removal width of any stream. have been confirmed to, validly selected of fish or shellfish from the gear during (11) Kegs or buoys attached to any by, or granted to the Territory of Alaska an open season or period; or the permitted gear may be any color but red. or the State under any other provision possession of a gill net containing fish (12) Bag limits authorized in this of Federal law; during an open fishing period, except section or § lll.27 may not be (2) Land selections of a Native that a gill net which is completely clear accumulated with bag limits authorized Corporation made under the Alaska of the water is not considered to be in State seasons. Native Claims Settlement Act which operating for the purposes of minimum (13) Unless specified otherwise in this have not been conveyed to a Native distance requirement. section, use of a rod and reel to take fish Corporation, unless any such selection Trawl means a bag-shaped net towed is permitted without a subsistence is determined to be invalid or is through the water to capture fish or fishing permit. Bag limits applicable to relinquished; and shellfish. the use of a rod and reel to take fish for (3) Lands referred to in Section 19(b) Trout means the following species: subsistence uses shall be as follows: of the Alaska Native Claims Settlement cutthroat trout (Oncorhynchus clarki) (i) Where a subsistence fishing permit Act. and rainbow trout or steelhead trout issued by the ADF&G is required by this Purse seine means a floating net (Oncorhynchus mykiss). section, that permit is not required to which is designed to surround fish and (c) Methods, means, and general take fish for subsistence uses with rod which can be closed at the bottom by restrictions. (1) No person may buy or and reel. The bag and possessions limits means of a free-running line through sell fish, their parts, or their eggs which for taking fish for subsistence uses with one or more rings attached to the lead have been taken for subsistence uses, a rod and reel in those areas are the line. unless, prior to the sale, the prospective same as indicated on the ADF&G permit Ring net means a bag-shaped net buyer or seller obtains a determination issued for subsistence fishing with other suspended between no more than two from the Federal Subsistence Board that gear types; frames; the bottom frame may not be the sale constitutes customary trade. (ii) Where a subsistence fishing larger in perimeter than the top frame; (2) No person may take fish for permit is not required by this section, the gear must be nonrigid and subsistence uses within 300 feet of any the bag and possession limits for taking collapsible so that free movement of fish dam, fish ladder, weir, culvert or other fish for subsistence uses with a rod and or shellfish across the top of the net is artificial obstruction. reel is the same as for taking fish under not prohibited when the net is (3) No person may use explosives or State of Alaska sport fishing regulations employed. chemicals to take fish for subsistence in those same areas. uses. Rockfish means all species of the (14) Unless restricted in this section, (4) Each person shall plainly and genus Sebastes. or unless restricted under the terms of legibly inscribe his or her first initial, Rod and reel means either a device a required subsistence fishing permit, last name, and address on any fish upon which a line is stored on a fixed gear specified in definitions in wheel, keg, buoy, stakes attached to gill or revolving spool and is deployed paragraph (b) of this section are legal nets, and on any other unattended through guides mounted on a flexible types of gear for subsistence fishing. fishing gear which the person has pole, or a line that is attached to a pole. employed to take fish for subsistence (15) Unless restricted in this section, Salmon means the following species: uses. or unless restricted under the terms of pink salmon (Oncorhynchus gorbusha); (5) All pots used to take fish must a subsistence fishing permit, fish may be sockeye salmon (Oncorhynchus nerka); contain an opening on the webbing of a taken at any time. chinook salmon (Oncorhynchus sidewall of the pot which has been (16) Gill nets used for subsistence tshawytscha); coho salmon laced, sewn, or secured together by fishing for salmon may not exceed 50 (Oncorhynchus kisutch); and chum untreated cotton twine or other natural fathoms in length, unless otherwise salmon (Oncorhynchus keta). fiber no larger than 120 thread which specified by regulations for particular Salmon stream means any stream upon deterioration or parting of the areas set forth in this section. used by salmon for spawning or for twine produces an opening in the web (17) Each fishwheel must have the travelling to a spawning area. with a perimeter equal to or exceeding first initial, last name, and address of Salmon stream terminus means a line one-half of the tunnel eye opening the operator plainly and legibly drawn between the seaward extremities perimeter. inscribed on the side of the fishwheel of the exposed tideland banks of any (6) Persons licensed by the State of facing midstream of the river. salmon stream at mean lower low water. Alaska to engage in a fisheries business (18) Unlawful Possession of Set gill net means a gill net that has may not receive for commercial Subsistence Finfish. Fish or their parts been intentionally set, staked, anchored, purposes or barter or solicit to barter for taken in violation of Federal or State or otherwise fixed. subsistence taken salmon or their parts. regulations may not be possessed, Shovel means a hand-operated (7) Except as provided elsewhere in transported, given, received or bartered. implement for digging clams or cockles. this subpart, the taking of rainbow trout (d) Fishery management area Spear means a shaft with a sharp and steelhead trout is prohibited. restrictions. For detailed descriptions of point or fork-like implement attached to (8) Fish taken for subsistence use or Fishery Management Areas, see State of one end which is used to thrust through under subsistence regulations may not Alaska Fishing Regulations. the water to impale or retrieve fish and be subsequently used as bait for (1) Kotzebue-Northern Area. (i) which is operated by hand. commercial or sport fishing purposes. Salmon may be taken only by gill nets, Take or Taking means to pursue, (9) The use of live non-indigenous beach seines, or a rod and reel; hunt, shoot, trap, net capture, collect, fish as bait is prohibited. (ii) Fish may be taken for subsistence kill, harm, or attempt to engage in any (10) Any fishing gear used to take fish purposes without a subsistence fishing such conduct. for subsistence uses may not obstruct permit. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39749

(2) Norton Sound-Port Clarence Area. (C) Bonanza Creek; (B) Waters of Kwikluak Pass (i) Salmon may be taken only by gill (D) Jim River, including Prospect downstream of Agmulegut and the nets, beach seines, fishwheel, or a rod Creek and Douglas Creek; waters of Kwemeluk Pass; and reel; (E) South Fork of the Koyukuk River (C) Waters of Alakanuk Pass (ii) Except as provided in this system upstream from the mouth of Jim downstream from the mouth of paragraph (d)(2), fish may be taken for River; Kuiukpak Slough; subsistence purposes without a (F) Middle Fork of the Koyukuk River (D) Waters of Kwiguk Pass subsistence fishing permit. A system upstream from the mouth of the downstream to the mouth of subsistence fishing permit issued by North Fork; Kawokhawik Slough; ADF&G is required, except for use of rod (G) North Fork of the Chandalar River (E) Waters of Kawanak Pass and reel, as follows: system upstream from the mouth of downstream from Sea Gull Point; (A) Pilgrim River drainage including Quartz Creek; (F) Waters of Apoon Pass downstream Salmon Lake; (viii) The main Tanana River and its from the mouth of the Kotlik River and (B) For net fishing in all waters from adjoining sloughs are closed to waters of Okwega Pass downstream Cape Douglas to Rocky Point; subsistence fishing between the mouth from its confluence with Apoon Pass; (iii) Only one subsistence fishing of the Salcha River and the mouth of the (G) Waters within one nautical mile permit will be issued to each household Gerstle River, except that salmon may seaward from any grassland bank in per year. be taken in the area upstream of the District 1; (3) Yukon Area. (i) Salmon may be Richardson Highway bridge to the (xiv) Pike may not be taken with gill taken only by set gill nets, beach seines, mouth of Clearwater Creek after nets in the waters of the Tolovana River fishwheels, or rod and reel; November 20; drainage from October 15–April 14; (ii) Except as provided in this (ix) Waters of the Tanana River (xv) A commercial salmon fisherman paragraph (d)(3), fish may be taken for drainage are closed to the subsistence who is registered for Districts 1, 2, or 3 subsistence purposes without a taking of pike between the mouth of the may not take salmon for subsistence subsistence fishing permit; Kantishna River and Delta River at purposes in any other district located (iii) A subsistence fishing permit Black Rapids on the Richardson downstream from Old Paradise Village; issued by the ADF&G is required, except Highway and Cathedral Rapids on the (xvi) In District 4, commercial for the use of rod and reel, as follows: Alaska Highway, except that pike may fishermen may not take salmon for (A) For the Yukon River drainage be taken for subsistence purposes in the subsistence purposes during the from the mouth of Hess Creek to the Tolovana River drainage upstream from commercial salmon fishing season by mouth of the Dall River; its confluence with the Tanana River; gill nets larger than 6-inch mesh after a (B) For the Yukon River drainage from (x) The Delta River is closed to date specified by emergency order the ADF&G regulatory markers placed subsistence fishing, except that salmon issued between July 10–July 31; near the upstream mouth of 22 Mile may be taken after November 20; (xvii) In Subdistricts 5–A, 5–B, 5–C, (xi) The following locations are closed Slough upstream to the United States- and that portion of Subdistrict 5–D to subsistence fishing: downstream from Long Point, no person Canada border; (A) The following rivers and creeks (C) For the Tanana River drainage may possess salmon taken for and within 500 feet of their mouths: subsistence purposes during a above the mouth of the Wood River; Delta Clearwater River (Clearwater (D) For whitefish and suckers in the ° ′ ° ′ commercial fishing period, unless the Creek at 64 06 N. lat., 145 34 W. dorsal fin has been immediately waters listed; long), Richardson Clearwater Creek (E) For the taking of pike in waters of removed from the salmon; a person may (Clear Creek at 64° 14′ N. lat., 146° 16′ the Tolovana River drainage upstream of not sell or purchase salmon from which W. long), Goodpaster River, Chena its confluence with the Tanana River; the dorsal fin has been removed; River, Little Chena River, Little Salcha (F) For the taking of salmon in (xviii) Subsistence fishermen taking River, Blue Creek, Big Salt River, Shaw Subdistricts 6–A and 6–B; salmon in Subdistrict 6–C shall report Creek, Bear Creek, McDonald Creek, (iv) Except as otherwise provided, and their salmon catches at designated the Moose Creek, Hess Creek, and Beaver except as may be provided by the terms ADF&G check stations by the end of Creek; each weekly fishing period; of a subsistence fishing permit issued by (B) Ray River and Salcha River immediately after salmon have been the ADF&G, there is no closed season on upstream of a line between the ADF&G taken, catches must be recorded on a fish other than salmon; regulatory markers located at the mouth harvest form provided by the ADF&G; (v) Only one subsistence fishing of the rivers; (xix) The annual possession limit for permit will be issued to each household (C) Deadman, Jan, Boleo, Birch, Lost, per year; Harding, Craig, Fielding, Two-Mile, the holder of a Subdistrict 6–C (vi) Birch Creek of the upper Yukon Quartz, and Little Harding lakes; subsistence salmon fishing permit is 10 drainage, and waters within 500 feet of (D) Piledriver and Badger (Chena) king salmon and 75 chum salmon for its mouth, is closed to subsistence sloughs; periods through August 15, and 75 fishing June 10 through September 10, (xii) The following waters are closed chum and coho salmon for periods after except that whitefish and suckers may to the taking of chum salmon from August 15; be taken by rod and reel or under the August 15–December 31: (xx) Subsistence salmon harvest limits authority of a subsistence fishing permit (A) Toklat River; in Subdistrict 6–C are 750 king salmon issued by the ADF&G; (B) Kantishna River from the mouth of and 5,000 chum salmon taken through (vii) The following drainages located the Toklat River to its confluence with August 15 and 5,200 chum and coho north of the main Yukon River are the Tanana River; salmon combined taken after August 15; closed to subsistence fishing: (xiii) Salmon may be taken only by set when either the king or chum salmon (A) Kanuti River, upstream from a gill nets in those locations described in harvest limit for periods before August point five miles downstream of the State below after July 19: 16 has been taken, the subsistence highway crossing; (A) Waters of the Black River salmon fishing season in Subdistrict 6– (B) Fish Creek, upstream from the including waters within one nautical C will close; a later season will open mouth of Bonanza Creek; mile of its terminus; after August 15 to allow the taking of 39750 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations the harvest limit for periods after (v) Salmon, herring, and capelin may (ii) The following waters are closed to August 15; if the chum salmon harvest only be taken by set gill nets and by a subsistence fishing for salmon: limit has not been obtained through rod and reel, except that salmon may (A) Russell Creek and Nurse Lagoon; August 15, the remaining harvest will also be taken by spear in the Togiak (B) Trout Creek; not be added to the chum salmon River including its tributaries; (C) Humbolt Creek; harvest level for periods after August 15; (vi) Subsistence fishing is not (iii) Salmon and char may only be (xxi) The annual harvest limit for the permitted within the boundaries of taken by rod and reel or under the holder of a Subdistrict 6–A or 6–B Katmai National Park; authority of a subsistence fishing permit subsistence salmon fishing permit is 60 (vii) Except for the western shore of issued by the ADF&G; a record of chinook salmon and 500 chum salmon the Newhalen River, waters used by subsistence-caught fish must be kept on for the period through August 15 of a salmon are closed to the subsistence the reverse side of the permit; the record year, and 2,000 chum and coho salmon taking of fish within 300 feet of a stream must be completed immediately upon combined for the period after August 15; mouth; taking subsistence-caught fish and must upon request, permits for additional (viii) Subsistence salmon fishing be returned to the local representative of salmon may be issued by the ADF&G; permits for the Naknek River drainage the ADF&G no later than October 31. (xxii) In the Kantishna River drainage, will be issued only through the ADF&G (8) Chignik Area. (i) Salmon may be the open subsistence salmon fishing King Salmon office; taken by seines and gill nets, or with periods are seven days per week. (ix) Subsistence fishing with nets is gear specified on a subsistence fishing (4) Kuskokwim Area. (i) Salmon may prohibited in the following waters and permit issued by the ADF&G, or by a rod only be taken by gill net, beach seine, within one-fourth mile of the terminus and reel, except that in Chignik Lake, fishwheel, or by a rod and reel, subject of those waters during the period from salmon may not be taken with purse to the restrictions set forth in this September 1 through June 14: Lower seines; paragraph (d)(4), except that salmon Talarik Creek, Roadhouse Creek, Nick G. (ii) Salmon may not be taken in the may also be taken by spear in the Creek, Middle Talarik Creek, Alexi Chignik River, upstream from the Holitna River drainage; Creek, Copper River, Upper Talarik ADF&G weir site or counting tower, in (ii) Fish may be taken for subsistence Creek, Tazimina River, Kakhonak River, Black Lake, or any tributary to Black purposes without a subsistence fishing Pete Andrew Creek, Young’s Creek, and Chignik Lakes; (iii) Salmon and char may only be permit; Gibralter River, Zacker Creek, Chekok taken by rod and reel or under the (iii) Each subsistence gill net operated Creek, Dennis Creek, Newhalen River, authority of a subsistence fishing permit in tributaries of the Kuskokwim River Tomokok Creek, Belinda Creek; issued by the ADF&G. A record of must be attached to the bank, fished (x) Gill nets are prohibited in that subsistence-caught fish must be kept on substantially perpendicular to the bank portion of the Naknek River upstream the reverse side of the permit. The and in a substantially straight line; from Sovonaski; record must be completed immediately (iv) The aggregate length of set gill (xi) After August 20, no person may upon taking subsistence caught fish and nets or drift gill nets in use by any possess coho salmon for subsistence must be returned to the local individual for taking salmon may not purposes in the Togiak River Section representative of the ADF&G no later exceed 50 fathoms; and the Togiak River drainage unless than October 31; (v) Rainbow trout may be taken by the head has been immediately removed (iv) From June 10–September 30, residents of Goodnews Bay, Platinum. from the salmon. It is unlawful to commercial fishing license holders may Quinhagak, Eek, Kwethluk, Akiachak, purchase or sell coho salmon from not subsistence fish for salmon. and Akiak from those non-navigable which the head has been removed. (9) Kodiak Area. (i) Salmon may be drainages tributary to the Kuskokwim (6) Aleutian Islands Area. (i) Salmon taken 24 hours a day from January 1 River downstream from the confluence may be taken by seine and gill net, with through December 31 except as of the Kuskokwim and Holitna Rivers gear specified on a subsistence fishing provided: and from those non-navigable drainages permit issued by the ADF&G, or by a rod (A) From June 1—September 15, to Kuskokwim Bay north of the and reel; salmon seine vessels may not be used to community of Platinum, subject to the (ii) The Adak District is closed to the take subsistence salmon for 24 hours following restrictions: taking of salmon; before, during, and for 24 hours after (A) Rainbow trout may be taken only (iii) Salmon and char may be taken any open commercial salmon fishing by the use of gill nets, rod and reel, or only by rod and reel or under the terms period; jigging through the ice; of a subsistence fishing permit issued by (B) From June 1—September 15, purse (B) The use of gill nets for taking the ADF&G, except that a permit is not seine vessels may be used to take rainbow trout is prohibited from March required in the Akutan, Umnak and salmon only with gill nets and no other 15–June 15. Adak Districts; not more than 250 type of salmon gear may be on board the (5) Bristol Bay Area. (i) Salmon and salmon may be taken for subsistence vessel; char may only be taken by rod and reel purposes unless otherwise specified on (C) Salmon may be taken only by gill or under authority of a subsistence the subsistence fishing permit; a record net, seine, or by a rod and reel; fishing permit issued by the ADF&G; of subsistence-caught fish must be kept (D) Subsistence fishermen must be (ii) Only one subsistence fishing on the reverse side of the permit; the physically present at the net at all times permit may be issued to each household record must be completed immediately the net is being fished; per year; upon taking subsistence-caught fish and (ii) The following locations are closed (iii) Each gill net must be staked and must be returned to the local to the subsistence taking of salmon: buoyed; representative of the ADF&G no later (A) All waters of Mill Bay and all (iv) No person may operate or assist than October 31. those waters bounded by a line from in operating subsistence salmon net gear (7) Alaska Peninsula Area. (i) Salmon Spruce Cape to the northernmost point while simultaneously operating or may be taken by seine, gill net, gear of Woody Island, then to the assisting in operating commercial specified on a permit issued by the northernmost point of Holiday Island, salmon net gear; ADF&G, or rod and reel; then to a point on Near Island opposite Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39751 the Kodiak small boat harbor entrance the authority of a subsistence fishing season until September 30, seven days and then to the small boat harbor permit issued by the ADF&G; per week; entrance; (ii) Only one subsistence fishing (E) There are no bag and possession (B) All freshwater systems of Little permit will be issued to each household limits for this fishery; Afognak River and Portage Creek per year; (F) ADF&G permits may be issued drainage in Discoverer Bay; (iii) Use of fishwheels: only at Chenega Bay village; (C) All water closed to commercial (A) Fishwheels used for subsistence (ix) Salmon may be taken for salmon fishing in the Barbara Cove, fishing may not be rented, leased, or subsistence purposes in the waters Chiniak Bay, Saltery Cove, Pasagshak otherwise used for personal gain; (B) north of a line from Porcupine Point to Bay, Monashka Bay and Anton Larsen Subsistence fishwheels must be Granite Point, and south of a line from Bay, and all waters closed to removed from the water at the end of Point Lowe to Tongue Point, only as commercial salmon fishing within 100 the permit period; follows: yards of the terminus of Selief Bay (C) Each permittee may operate only (A) Only pink salmon may be taken; Creek and north and west of a line from one fishwheel at any one time; (B) Pink salmon may be taken by the tip of Las Point to the tip of River (D) No person may set or operate a dipnets or by a rod and reel; Mouth Point of Afognak Bay; fishwheel within 75 feet of another (C) Pink salmon may be taken only (D) All waters 300 yards seaward of fishwheel; from May 15–September 30; (D) Fishing periods are from May 15 the terminus of Monks Creek; (E) No fishwheel may have more than (E) From August 15 through two baskets; until two days before the commercial September 30, all waters 500 yards (F) The permit holder must personally opening of the Southwestern District, seaward of the terminus of Little Kitoi operate the fishwheel or dip net. A seven days per week; during the Creek; subsistence fishwheel or dip net permit commercial salmon fishing season, only (F) All freshwater systems of Afognak may not be loaned or transferred except during open commercial salmon fishing Island; as permitted by this part; periods; and from two days following (G) All waters of Ouzinkie Harbor (G) A wood or metal plate at least 12 the closure of the commercial salmon north of a line from 57°55′10′′ N. lat., inches high by 12 inches wide, bearing season until September 30, seven days 152°36′ W. long. to 57°55′03′′ N. lat., the permit holder’s name and address in per week; (E) There are no bag and possession 152°29′20′′ W. long.; letters and numerals at least one inch (iii) A subsistence fishing permit limits for this fishery; high, must be attached to each (F) ADF&G permits may be issued issued by the ADF&G is required for fishwheel so that the name and address only at Tatitlek village; taking salmon, trout and char, except by are plainly visible; (12) Yakutat Area. (i) Salmon, trout, rod and reel, for subsistence purposes; (iv) Salmon may not be taken in any and char may be taken only by rod and a subsistence fishing permit issued by area closed to commercial salmon reel or under authority of a subsistence the ADF&G is required for taking fishing unless otherwise permitted; fishing permit issued by the ADF&G; herring and bottomfish for subsistence (v) In locations open to commercial (ii) Salmon, trout, or char taken purposes during the commercial herring salmon fishing and in conformance with incidentally by gear operated under the sac roe season from May 1–June 30; all commercial salmon fishing regulations, terms of a subsistence permit for salmon subsistence fishermen shall keep a the annual subsistence salmon limit is are legally taken and possessed for record of the number of subsistence fish as follows: subsistence purposes; the holder of a taken each year; the number of (A) 15 salmon for a household of one subsistence salmon permit must report subsistence fish shall be recorded on the person; any salmon, trout, or char taken in this reverse side of the permit. The record (B) 30 salmon for a household of two manner on his or her permit calendar; must be completed immediately upon persons; (iii) Subsistence fishermen must landing subsistence caught fish and (C) 10 salmon for each additional remove the dorsal fin from subsistence- must be returned to the local person in a household over two; caught salmon when taken. representative of the ADF&G by (D) No more than five king salmon (13) Southeastern Alaska Area. (i) February 1 of the year following the year may be taken per permit; Salmon, trout, char and herring spawn the permit was issued. (vi) All tributaries of the Copper River on kelp may be taken only by rod and (10) Cook Inlet Area. (i) Salmon may and waters of the Copper River are reel or under authority of a subsistence be taken only by rod and reel, or under closed to the taking of salmon; fishing permit issued by the ADF&G; the authority of a subsistence fishing (vii) Crosswind Lake is closed to all (ii) No person may possess permit issued by the ADF&G; only one subsistence fishing; subsistence-taken and sport-taken permit may be issued to a household (viii) Salmon may be taken for salmon on the same day; each year; a subsistence fishing permit subsistence purposes in the waters of (iii) Salmon, trout or char taken holder shall record daily salmon catches the Southwestern District only as incidentally by gear operated under the on forms provided by the ADF&G; follows: terms of an ADF&G subsistence permit (ii) Trout, grayling, char, and burbot (A) Only pink salmon may be taken; for salmon are legally taken and may not be taken in fresh water; (B) Pink salmon may be taken by possessed for subsistence purposes; the (iii) All public waters on the Kenai dipnets or by a rod and reel; holder of a subsistence salmon permit Peninsula are closed to subsistence (C) Pink salmon may be taken only must report any salmon, trout, or char fishing; from May 15–September 30; taken in this manner on his or her (iv) Smelt may be taken only with gill (D) Fishing periods are from May 15 permit calendar; nets and dip nets. Gill nets used to take until two days before the commercial (iv) Subsistence fishermen shall smelt may not exceed 50 feet in length opening of the Southwestern District, immediately remove the dorsal fin of all and two inches in mesh size; seven days per week; during the salmon when taken. (v) Gill nets may not be used. commercial salmon fishing season, only (11) Prince William Sound Area. (i) during open commercial salmon fishing § ll.27 Subsistence taking of shellfish. Salmon and freshwater fish species may periods; and from two days following (a) Regulations in this section apply to be taken only by rod and reel or under the closure of the commercial salmon subsistence taking of dungeness crab, 39752 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations king crab, tanner crab, shrimp, clams, take crab, except as specified in removed and all doors secured fully abalone, and other shellfish or their paragraph (f) of this section. open; parts. (10) In the subsistence taking of (C) No more than five crab pots may (b) Shellfish may be taken for shrimp in the Glacier Bay National be used to take king crab; each pot can subsistence uses at any time in any area Preserve, no person may use more than be no more than 75 cubic feet in of the public lands by any method 10 pots, and no more than 20 pots may capacity; unless restricted by the subsistence be operated from a vessel. In the (D) King crab may be taken only from fishing regulations of § ll.26 or this subsistence taking of shellfish other June 1–January 31, except that the section. than shrimp in the Glacier Bay National subsistence taking of king crab is (c) Methods, means, and general Preserve, no person may operate more prohibited in waters 25 fathoms or restrictions. (1) The bag limit specified than five pots of any type, and no more greater in depth during the period 14 herein for a subsistence season for a than 10 pots of any type may be days before and 14 days after open species and the State bag limit set for a operated from a vessel. commercial fishing seasons for red king State season for the same species are not (d) Subsistence take by commercial crab, blue king crab, or tanner crab in cumulative. This means that a person or vessels. No fishing vessel which is the location; designated group who has taken the bag commercially licensed and registered (E) The waters of the Pacific Ocean limit for a particular species under a for shrimp pot, shrimp trawl, king crab, enclosed by the boundaries of Womans subsistence season specified herein may tanner crab, or dungeness crab fishing Bay, Gibson Cove, and an area defined not after that, take any additional may be used for subsistence take during by a line 1⁄2 mile on either side of the shellfish of that species under any other the period starting 14 days before an mouth of the Karluk River, and bag limit specified for a State season. opening until 14 days after the closure extending seaward 3,000 feet, and all (2) Unless otherwise provided in this of a respective open season in the area waters within 1,500 feet seaward of the section, gear as specified in the or areas for which the vessel is shoreline of Afognak Island are closed ll definitions of § .26 is legal for registered. to the harvest of king crab except by subsistence taking of shellfish. (e) Unlawful possession of Federally-qualified subsistence users; (3) It is prohibited to buy or sell subsistence shellfish. Shellfish or their (v) In the subsistence taking of tanner subsistence-taken shellfish, their parts, parts taken in violation of Federal or crab: or their eggs, unless otherwise specified. State regulations may not be possessed, (A) No more than five crab pots may (4) The use of explosives and transported, given, received or bartered. be used to take tanner crab; chemicals is prohibited, except that (f) Subsistence shellfish areas and (B) From July 15–February 10, the chemical baits or lures may be used to pertinent restrictions. (1) Southeastern subsistence taking of tanner crab is attract shellfish. Alaska-Yakutat Area. Shellfish may be (5) Each subsistence fisherman shall prohibited in waters 25 fathoms or taken for subsistence purposes in the greater in depth, unless the commercial plainly and legibly inscribe their first Glacier Bay National Preserve only initial, last name and address on a keg tanner crab fishing season is open in the under the authority of a subsistence location; or buoy attached to unattended shellfish fishing permit. (C) The daily bag and possession limit subsistence fishing gear. Subsistence (2) Cook Inlet Area. All waters within is 12 male crab per person. fishing gear may not display a the boundaries of the Kenai National (4) Alaska Peninsula-Aleutian Islands permanent ADF&G vessel license Wildlife Refuge are closed to the taking Area. (i) Shellfish may be taken for number. The keg or buoy may be any of shellfish for subsistence purposes. color except red. (3) Kodiak Area. (i) Shellfish may be subsistence purposes only under the (6) A side wall of all subsistence taken for subsistence purposes only authority of a subsistence shellfish shellfish pots must contain an opening under the authority of a subsistence fishing permit issued by the ADF&G; with a perimeter equal to or exceeding shellfish fishing permit issued by the (ii) The operator of a commercially one-half of the tunnel eye opening ADF&G; licensed and registered shrimp fishing perimeter. The opening must be laced, (ii) The operator of a commercially vessel must obtain a subsistence fishing sewn, or secured together by untreated licensed and registered shrimp fishing permit from the ADF&G prior to cotton twine or other natural fiber no vessel must obtain a subsistence fishing subsistence shrimp fishing during a larger than 120 thread. Dungeness crab permit from the ADF&G before closed commercial shrimp fishing and shrimp pots may have the pot lid subsistence shrimp fishing during a season or within a closed commercial tiedown straps secured to the pot at one closed commercial shrimp fishing shrimp fishing district, section, or end by untreated cotton twine no larger season or within a closed commercial subsection; the permit shall specify the than 120 thread, as a substitute for the shrimp fishing district, section or area and the date the vessel operator above requirement. subsection. The permit shall specify the intends to fish; no more than 500 (7) No person may mutilate or area and the date the vessel operator pounds (227 kg) of shrimp may be in otherwise disfigure a crab in any intends to fish. No more than 500 possession aboard the vessel; manner which would prevent pounds (227 kg) of shrimp may be in (iii) The daily bag and possession determination of the minimum size possession aboard the vessel; limit is 12 male dungeness crab per restrictions until the crab has been (iii) The daily bag and possession person; processed or prepared for consumption. limit is 12 male dungeness crab per (iv) In the subsistence taking of king (8) In addition to the marking person; crab: requirements in paragraph (c)(5) of this (iv) In the subsistence taking of king (A) The daily bag and possession limit section, kegs or buoys attached to crab: is six male crab per person; subsistence crab pots must also be (A) The daily bag and possession limit (B) All crab pots used for subsistence inscribed with the name or U.S. Coast is six male crab per person; fishing and left in saltwater unattended Guard number of the vessel used to (B) All crab pots used for subsistence longer than a two-week period shall operate the pots. fishing and left in saltwater unattended have all bait and bait containers (9) No more than five pots per person longer than a two-week period shall removed and all doors secured fully and 10 pots per vessel may be used to have all bait and bait containers open; Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39753

(C) Crab may be taken only from June closed commercial shrimp fishing have all bait and bait containers 1–January 31; season or within a closed commercial removed and all doors secured fully (v) The daily bag and possession limit shrimp fishing district, section or open; is 12 male tanner crab per person. subsection; the permit shall specify the (C) In waters south of 60° N. lat., crab (5) Bering Sea Area. (i) In waters area and the date the vessel operator may be taken only from June 1–January South of 60° North latitude, shellfish intends to fish; no more than 500 31; may be taken for subsistence purposes pounds (227 kg) of shrimp may be in (vi) In waters south of 60° N. lat., the only under the authority of a possession aboard the vessel; daily bag and possession limit is 12 subsistence shellfish fishing permit (iv) In waters south of 60° N. lat., the male tanner crab. issued by the ADF&G; daily bag and possession limit is 12 Dated: June 12, 1996. (ii) In that portion of the area north of male dungeness crab per person; Mitch Demientieff, the latitude of Cape Newenham, (v) In the subsistence taking of king shellfish may only be taken by shovel, crab: Chair, Federal Subsistence Board. jigging gear, pots and ring net; (A) In waters south of 60° N. lat., the Dated: June 12, 1996. (iii) The operator of a commercially daily bag and possession limit is six John C. Capp, licensed and registered shrimp fishing male crab per person; Acting Regional Forester, USDA—Forest vessel must obtain a subsistence fishing (B) All crab pots used for subsistence Service. permit from the ADF&G prior to fishing and left in saltwater unattended [FR Doc. 96–18097 Filed 7–29–96; 8:45 am] subsistence shrimp fishing during a longer than a two-week period shall BILLING CODE 3410±11±P; 4310±55±P federal register July 30,1996 Tuesday Conduct forEmployees;FinalRule Supplemental StandardsofEthical 5 CFRChapterXLV Office oftheSecretary Services Health andHuman Department of Part III 39755 39756 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

DEPARTMENT OF HEALTH AND codified at 5 CFR part 2635. See 57 FR Service Commissioned Corps on active HUMAN SERVICES 35006–35067, as corrected at 57 FR duty. 48557 and 52583 and 60 FR 51667, with Section 5501.102 Designation of HHS additional grace period extensions at 59 5 CFR Chapter XLV Components as Separate Agencies FR 4779–4780, 60 FR 6939–6391 and RIN 3209±AA15 66857–66858. Effective February 3, Section 2635.202(a) of the OGE Standards prohibits an employee from Supplemental Standards of Ethical 1993, the OGE Standards established soliciting or accepting a gift offered by Conduct for Employees of the uniform rules applicable to all executive branch personnel. a prohibited source or given because of Department of Health and Human the employee’s official position. A Pursuant to 5 CFR 2635.105, Services prohibited source is defined, in part, as executive branch agencies are AGENCY: Department of Health and a person who is regulated by, or has authorized to publish, with the matters pending before, an employee’s Human and Services (HHS). concurrence of OGE, supplemental ACTION: Final rule. agency, as prescribed in 5 CFR regulations deemed necessary to 2635.203(d). For the purpose of implement their respective ethics SUMMARY: The Department of Health and identifying an employee’s agency, Human Services,with the concurrence programs. The Department and OGE § 2635.203(a) of the OGE Standards of the Office of Government Ethics have determined that the following authorizes an executive department, by (OGE), is issuing regulations for officers supplemental regulations, which are supplemental regulation, to designate as and employees of HHS that supplement being issued in a new chapter XLV, a separate agency any component of the the OGE Standards of Ethical Conduct consisting of part 5501, of 5 CFR, are department that exercises a distinct and for Employees of the Executive Branch. necessary to establish certain prior separate function. This final rule specifies procedural and approval procedures, and to address Designations made pursuant to substantive requirements that are gifts, financial holdings, outside § 2635.203(a) are used also to identify necessary to address ethical issues employment and other outside an employee’s agency for purposes of unique to the Department. The rule: activities, and other ethics issues arising applying the prohibition in 5 CFR Designates separate agency components out of the unique programs and 2635.807 on the receipt of compensation for purposes of the gift rules and the operations of the Department. for teaching, speaking and writing that teaching, speaking and writing In a separate rulemaking (which will relates to an employee’s official duties. restrictions; excepts from the gift rules, have an effective date that is the same In addition, under § 5501.106(d) of this subject to monetary limits, arts and as the date of publication of this part, invitations to engage in outside crafts items received from Indian tribes supplemental regulation), the employment or other outside activities or Alaska-Native organizations; Department, after consultation with tendered by prohibited sources of an prohibits the holding or acquisition of OGE, will remove those provisions in its employee’s agency, as herein defined, certain financial interests by employees existing agency standards of conduct are subject to a prior approval of the Food and Drug Administration regulations at 45 CFR part 73 and 73a requirement. (FDA); exempts otherwise disqualifying that have been superseded by the OGE The Department has determined that financial interests derived from Indian Standards of Ethical Conduct, the OGE each of the HHS components listed in or Alaska Native birthrights; prohibits financial disclosure regulations at 5 CFR § 5501.102 exercises distinct and certain outside employment and other part 2634, and this final rule. The separate functions. Accordingly, outside activities; establishes HHS-wide Department will then add a cross- § 5501.102 designates the following prior approval requirements for outside reference to the OGE rules, as operating divisions and components of employment and other outside supplemented. Those portions of the HHS as separate agencies: (1) activities, with additional rules HHS and FDA regulations regarding Administration on Aging (AOA); (2) applicable to FDA employees; conduct that remain will preserve Administration for Children and authorizes certain compensated employee obligations unrelated to those Families (ACF); (3) Agency for Health teaching, speaking and writing activities subjects assigned to OGE for rulemaking Care Policy and Research (AHCPR); (4) engaged in by special Government and implementation, such as the Agency for Toxic Substances and employees in the Public Health Service political activity restrictions for Disease Registry (ATSDR); (5) Centers (PHS); and delineates restrictions on uniformed service officers in the Public for Disease Control and Prevention concurrent representation of tribal Health Service Commissioned Corps, (CDC); (6) Food and Drug organizations. the rules governing conduct on Federal Administration (FDA); (7) Health Care Financing Administration (HCFA); (8) EFFECTIVE DATE: July 30, 1996. property, and the standards for workplace courtesy, cooperation, and Health Resources and Services FOR FURTHER INFORMATION CONTACT: avoidance of sexual harassment. Administration (HRSA); (9) Indian Edgar M. Swindell, Assistant Special Health Service (IHS); (10) National Counsel for Ethics, or Richard M. II. Analysis of the Regulations Institutes of Health (NIH); (11) Office of Thomas, Assistant Special Counsel for Section 5501.101 General Consumer Affairs (OCA); (12) Program Ethics (FDA sections), Office of the Support Center (PSC); and (13) General Counsel, Ethics Division, This section states the purpose and Substance Abuse and Mental Health telephone (202) 690–7258, fax (202) scope of the part, incorporates the Services Administration (SAMHSA). 690–5452. general definitions promulgated in the As a result of these designations, SUPPLEMENTARY INFORMATION: OGE Standards, and defines specific employees of a designated component terms. The section specifies that the have to be concerned only with the I. Background supplemental regulations apply to all prohibited sources of their respective On August 7, 1992, the Office of officers and employees of HHS, components when assessing the Government Ethics published Standards including special Government propriety of a tendered gift or invitation of Ethical Conduct for Employees of the employees (SGEs) and uniformed to teach, speak, write, or engage in Executive Branch (OGE Standards), service officers in the Public Health outside employment or other outside Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39757 activities. Employees of a component ban on gifts to Federal employees given statutory gift acceptance authority, e.g., are defined to include, in addition to by prohibited sources or because of their 42 U.S.C. 238. employees actually within a component, official position. Section 5501.103 Section 5501.104 Prohibited Financial employees in a division or region of the permits HHS employees to accept Interests Applicable to Employees of the Office of the General Counsel (OGE) that unsolicited gifts of native artwork or Food and Drug Administration and the principally advise or represent that crafts from federally recognized Indian Office of the Chief Counsel component. tribes or Alaska Native villages or Any HHS employee not in one of the regional or village corporations valued In 1972, the Department of Health, 13 components designated as separate up to and including $200 per source per Education and Welfare, the predecessor agencies (including employees of the calendar year. Such gifts may include of the Department of Health and Human Office of the General Counsel with art, jewelry, pottery, rugs, carvings, Services, determined that, because the Department-wide responsibility) is beadwork, and native dress. Food and Drug Administration ‘‘is a deemed an employee of the remainder Indian tribes and Alaska Native unique consumer protection and of HHS. These employees are treated as villages often offer gifts of artwork and regulatory agency within the if no separate designations had been crafts as a matter of custom and Department,’’ the Department’s made, and, as a result, all prohibited tradition. Many employees throughout standards of conduct needed ‘‘further sources of HHS are attributable to them. HHS, most notably in the Indian Health supplementation to reflect this role.’’ 37 Under § 5501.102, an employee of the Service, the Administration for Native FR 24347, 24348 (November 16, 1972). Administration for Children and Americans within the Administration Therefore, the Department adopted Families, for example, could receive an for Children and Families, the Centers additional activities and financial unsolicited gift from a hospital for Disease Control and Prevention, and interests, applicable only to employees corporation receiving Medicare the Substance Abuse and Mental Health of FDA (and later to employees of the reimbursement through the Health Care Services Administration, interact with then Food and Drug Division of the Financial Administration, provided that Native Americans. Cognizant of the Office of the General Counsel), codified the gift was not given because of the unique status of tribal organizations, at 45 CFR part 73a. The Department employee’s official position. The this exception is intended to effectuate amended the FDA supplemental hospital corporation would be a harmonious and respectful relations regulations in 1978, again ‘‘to re-enforce prohibited source of gifts as to all between HHS and the governing bodies public confidence in the integrity of employees of HCFA, but likely would of Indian tribes and Alaskan Native decisions rendered by FDA employees.’’ not be a prohibited source as to all villages. The Department of the Interior 43 FR 7618, 7619 (February 24, 1978). employees of ACF or other designated concurs in this approach and plans to Over two decades since the FDA agency components, unless that hospital promulgate an identical provision for its supplemental regulations were first corporation was also seeking official employees. promulgated, the work of FDA still action from, were doing business with, The $200 per source per year poses unique challenges for an agency were regulated by, or otherwise had a threshold is appropriate in light of the ethics program. FDA employees matter pending before that separate recognized value of handcrafted participate in regulatory and product designated agency component. artwork. The figure reflects that tribal approval matters that substantially A hospital corporation receiving art on occasion may be expected to affect significant sectors of the United Federal funds, however, would be a exceed the current $20 maximum States economy, including the food, prohibited source of gifts for all permitted by the gift rules, but is set low pharmaceutical, medical device, employees in the Office of the Assistant enough to exclude antiquities, veterinary medicine, biotechnology, and Secretary for Public Affairs because collectibles, or similar items having a cosmetics industries. Many FDA such employees are deemed part of the significant commercial value. Moreover, employees have access to confidential remainder of HHS and, as such, are the $200 figure is consistent with the commercial information and trade charged with all prohibited sources of monetary threshold contained in secrets, the misuse of which can have the Department. Employees of the § 2635.204(d) of the OGE Standards serious financial consequences. Business and Administrative Law relating to receipt of gifts for meritorious Moreover, many FDA employees Division of the Office of the General public service or achievement. participate in, or have access to Counsel, which has Department-wide This section does not authorize information about, pending enforcement responsibilities, would be treated employees to accept such gifts from matters, such as seizures, injunctive similarly. However, employees of the individual tribe or organization actions, and criminal investigations and Children, Families, and Aging Division members. In addition, the limitations on prosecutions. Unethical conduct in this of the Office of the General Counsel, the use of exceptions to the gift rules, context, including misuse of which serves ACF and AOA, would contained in 5 CFR 2635.201 through information, could have serious public receive the benefit of the separate 2635.205, apply to this section. If the health consequences. In sum, FDA has agency designations. donor is a tribe or village that has a compelling need to monitor, and interests that may be substantially impose reasonable restrictions on, the Section 5501.103 Gifts from Federally affected by the performance or financial and employment ties between Recognized Indian Tribes or Alaska nonperformance of the recipient’s FDA employees and the vast number of Native Villages or Regional or Village official duties, the employee may accept entities regulated by FDA. Such Corporations the gifts authorized by this section only restrictions not only serve the interests Section 2635.204(k) of the OGE where there is a written finding by the identified above, but also relieve FDA of Standards permits employees to accept agency designee that acceptance of the the significant administrative burden of any gift that is specifically authorized gift is in the agency’s interest and will resolving many conflict of interest by a supplemental agency regulation. not violate any of the limitations on the problems on a case by case basis. The Office of Government Ethics is use of exceptions contained in 5 CFR Therefore, § 5501.104 will preserve authorized by 5 U.S.C. 7353(b)(1) to 2635.202(c). Gifts valued over $200 may the substance of FDA’s historic permit ‘‘such reasonable exceptions as be accepted on behalf of HHS, where restrictions on the acquisition and may be appropriate’’ from the general appropriate, if authorized by applicable holding of financial interests in 39758 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations regulated organizations. (See the permissible holding, even though the The Ethics Reform Act of 1989 explanation of § 5501.106(c)(3) and fund holds some stocks of significantly amended 18 U.S.C. 208(b)(4) to provide § 5501.106(d)(2) for a discussion of the regulated organizations whereas a sector that the conflict of interest prohibition provisions governing outside fund that focused on the pharmaceutical does not apply to a financial interest employment of FDA employees.) Like industry would not. resulting solely from the interest of the FDA’s prior financial interest The new rule also excepts pensions employee or the employee’s spouse or restrictions, § 5501.104 is narrowly arising from employment with a minor child in birthrights in a federally tailored in two important respects: significantly regulated organization. recognized Indian tribe or Alaska Native First, § 5501.104, like the prior FDA This exception does not appear in the village corporation, in an Indian rule, distinguishes between interests in prior FDA rule, but it does codify an allotment held in trust by the United organizations that are significantly FDA policy that has been in effect since States, or in an Indian claims fund held regulated by FDA, and interests in 1976. The Food and Drug in trust or administered by the United organizations that are only incidentally Administration has determined that States, if the particular matter does not regulated by FDA. Only interests in such an exception is necessary to involve the Indian allotment or claims ‘‘significantly regulated organizations’’ facilitate recruitment of qualified fund or the Indian tribe or village are restricted. ‘‘Significantly regulated scientific and professional personnel, corporation as a specific party or organization’’ is defined, at many of whom may have begun their parties. Section 5501.105 incorporates § 5501.101(c)(2), to include any careers in industry. the statutory exemption referenced in organization that derives ten percent or Furthermore, § 5501.104 provides the OGE Standards at 5 CFR more of its annual gross sales from the FDA employees with the opportunity to 2635.402(d). sale of FDA-regulated products. The request an individual exception in cases new rule adds a necessary modification involving exceptional circumstances. Section 5501.106 Outside Employment to FDA’s prior definition: companies Where the employee can demonstrate and Other Outside Activities that have no record of sales, but which exceptional circumstances, FDA may Section 5501.106 establishes are operating solely within a field grant an individual exception, provided supplemental regulations concerning regulated by FDA, also will be deemed that the application of the financial the outside employment and other to be ‘‘significantly regulated.’’ This interest prohibition is not necessary to outside activities of HHS employees, modification is necessary to cover ensure public conference in the other than special Government companies that are subject to significant impartiality or objectivity with which employees. The section covers both regulation by FDA but which do not yet FDA programs are administered or to compensated and uncompensated have any products on the market. The avoid a violation of 5 CFR part 2635. activities and addresses traditional rule would cover, for example, start-up Finally, consistent with prior FDA outside employment relationships, as biotechnology companies that may exist policy, the prohibition relating to well as other outside activities. The for several years before obtaining FDA financial interests would continue to Department is authorized by §§ 2635/ approval to market any product. apply to the spouses and minor children 802(a) and 2635.803 of the OGE Second, § 5501.104, like the prior of FDA employees. FDA has made the Standards, respectively, to prohibit its FDA rule, places the most strict determination, pursuant to 5 CFR employees from engaging in certain limitations on employees whose duties 2635.403(a), that there is a direct and outside employment or other outside carry the greatest potential for conflict appropriate nexus between this activities and to require prior approval of interest. In the past, FDA used prohibition as applied to spouses and before engaging in other defined outside various tests to determine which minor children and the efficiency of the employment or activities. employees should be covered by the service. It should be noted, however, (a) Applicability. The outside most strict prohibitions on financial that § 5501.104 is not intended to employment and activity prohibitions interests. Compare 37 FR 24349 with 43 prohibit employment by spouses and and the prior approval requirements FR 7621. Under § 5501.104, the test is minor children in regulated industry, imposed by paragraphs (c) and (d), simplified: The most strict prohibition although any actual or apparent respectively, do not apply to special applies to those employees required to conflicts of interests created as to FDA Government employees. Nevertheless, file either a public financial disclosure employees by such employment must be special Government employees remain statement or a confidential financial resolved under other applicable subject to other statutory and regulatory disclosure statement, pursuant to 5 CFR provisions of 5 CFR part 2635. authorities governing their outside part 2634. With certain exceptions, such activities, including the criminal Section 5501.105 Exemption For employees are prohibited from holding representation statutes, 18 U.S.C. 203 Otherwise Disqualifying Financial or acquiring any interest in a and 205, and other applicable Interests Derived From Indian or Alaska significantly regulated organization. All provisions of 5 CFR part 2635 and this Native Birthrights other employees are allowed, pursuant part. to § 5501.104(b)(2), to hold or acquire Section 208(a) of title 18 of the United (b) Definitions. Section 5501.106(b) such interests, subject to essentially the States Code prohibits an employee of sets forth definitions of the terms used same limitations contained in the prior the executive branch from participating in the section. FDA rule. personally and substantially as a (c) Prohibited Outside Employment Section 5501.104 excepts interests in Government employee in any and Activities. Section 5501.106(c) certain investment and pension funds proceeding, application, request for a prohibits certain outside employment from the financial interest restrictions. ruling or other determination, contract, and activities that, if engaged in by an To qualify for this exception, the fund claim, controversy, or other particular HHS employee, would pose a conflict must not be self-directed and must not matter in which the employee, the with the employee’s official duties, have an express policy or practice of employee’s spouse, minor child, or would cause a reasonable person to concentrating its investments in organization in which the individual is question the impartiality with which significantly regulated organizations. employed, otherwise serving, or seeking agency programs are administered, or For example, a widely diversified other employment, has a financial would otherwise compromise agency mutual fund generally would be a interest. interests. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39759

(1) Prohibited Assistance in the workplace connections for private any potential conflicts of interest can be Preparation of Grant Applications or remunerative gain attributable, directly dealt with on a case by case basis. Contract Proposals. More specifically, or indirectly, to appropriated funds. In addition to employment with a § 5501.106(c)(1) prohibits an HHS (3) Prohibited Outside Activities significantly regulated organization, the employee from engaging in consultative Applicable to Employees of the Food new rule also prohibits certain self- or professional services, for and Drug Administration and the Office employed business activities. Certain compensation, to prepare, or assist in of the Chief Counsel. sole proprietorships in fields subject to the preparation of, grant applications, Under FDA’s prior rule, originally significant FDA regulation may not contract proposals, program reports, or adopted in 1972, those employees constitute ‘‘employment,’’ within the any other matters that are intended to be whose duties pose the greatest potential meaning of 5 CFR 2635.603(a), but such the subject of dealings with HHS. Such for conflict of interest generally could activities pose the same, if not greater, conduct, if undertaken on an not engage in employment with risks. Therefore, public and confidential uncompensated basis, though not significantly regulated organizations. 45 disclosure report filers would be expressly prohibited by paragraph (c)(1), CFR 73a.735–401(b). The basis for this prohibited from engaging in self- is subject to the prior approval rule was essentially the same as the employed business activities where the requirement in paragraph (d). This basis for the rule restricting financial sale or promotion of FDA-regulated provision carries forward longstanding interests in significantly regulated products is expected to constitute ten policy reflected in the now superseded organizations (see discussion of percent or more of annual gross sales or HHS Standards of Conduct at 45 CFR § 5501.104 above). Not only are such revenues. 73.735–704(a)(2). employees in a position to affect the (4) Prohibited Outside Practice of Law (2) Prohibited Employment in HHS- financial interests of these organizations Applicable to Attorneys in the Office of Funded Activities. Section through the performance of their official the General Counsel. 5501.106(c)(2) prohibits an HHS duties, but the employees may have Summary. Section 5501.106(c)(4) employee from engaging in access to nonpublic information that prohibits attorneys in or supervised by compensated work on an HHS-funded could be used to the advantage of the the Office of the General Counsel from grant, contract, cooperative agreement, organizations. Therefore, practicing law outside their official cooperative research and development § 5501.106(c)(3) will substantially positions where the activity, in fact or agreement, or other similar project or preserve this prohibition, with respect in appearance, may require the assertion arrangement authorized by statute. The to employees who are required to file of a legal position that conflicts with the paragraph precludes the provision of public or confidential financial interests of the Department. Office of the personal services, whether as an disclosure reports. General Counsel attorneys are also employee, consultant, contractor, or The new rule provides two exceptions prohibited from engaging in any outside otherwise, that are rendered in the to the prohibition on employment with law practice that might require the performance of a particular grant, a significantly regulated organization. interpretation of a statute, regulation, or contract, or agreement for which the The first exception, at paragraph rule administered or issued by the project derives funding from HHS. This (c)(3)(ii)(A), essentially continues an Department. provision does not per se bar exception found in FDA’s prior rule. Exceptions. Consistent with Federal employment with an entity that receives The purpose of the exception is to allow policy embodied in the exceptions to HHS funds, but rather if focuses on employees who are licensed to practice the representational bans contained in discrete matters for which the various medical professions to remain 18 U.S.C. 203 and 205, nothing in the employee’s services and attendant current in their professions, including section precludes representation or compensation can be attributed to a the maintenance of licenses or advice, if approved by the appropriate defined HHS-funded project or certifications. The list of practices in the official or supervisor, that is: (1) contractual arrangement. exception (medicine, dentistry, Rendered, with or without This provision codifies prior HHS veterinary medicine, pharmacy, compensation, to specified relatives or policy, as implemented by the HHS nursing) is not exclusive, but an estate for which an employee serves Form 520, ‘‘Request for Approval of illustrative. The practice of the various as a fiduciary; or (2) provided, without Outside Activity.’’ The prohibition was medical professions usually is precisely compensation, to an employee subject to deemed necessary to preclude the defined and highly regulated by State disciplinary, loyalty, or other personnel appearance that a compensated law, and FDA cannot give a definition administration proceedings. employment or business opportunity of each practice that is covered by the In order to take advantage of the may have been obtained through the use exemption. However, the exception is exceptions to 18 U.S.C. 203 and 205 or of the employee’s official position and intended to cover only employment that representing family members or an to address a number of other potential involves the provision of medical estate, both statutes expressly require ethics concerns. Given that millions of professional services. Thus, for the approval of the Government official dollars in HHS grants and contracts are example, the exception would not cover responsible for the employee’s awarded annually, the Department has the practice of law or accounting. appointment. See 18 U.S.C. 203(d) and determined that maintaining the policy Moreover the exception is not intended 205(e). The parallel provision in 18 against compensated outside to allow FDA employees to be employed U.S.C. 205(d) that permits an employee employment in grant or contract by a medical product manufacturer in to provide uncompensated legal implementation is critical to protect the conduct of biomedical research. assistance to another employee in against questions arising regarding the The second exception, in paragraph disciplinary, loyalty, or other personnel impartiality and objectivity of its (c)(3)(ii)(B), will allow clerical or similar administration proceedings does not employees and the administration of the employment (such as cashier or explicitly contain an authorization Department’s programs. In fulfilling its janitorial work) with retail stores that requirement, but specifies that the mission, the Department would be are significantly regulated by FDA. activity must not be ‘‘inconsistent with hindered if members of the public were Normally, such positions would pose the faithful performance of [the to question whether HHS employees little risk for abuse of nonpublic employee’s] duties.’’ The Office of were using their public position or information obtained from FDA, and Government Ethics has issued an 39760 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations opinion concluding that an employee before whom they appear in their statutes may implicate direct and may not unilaterally make this finding; official capacities and argue different substantial interests of the United as a result, supervisory approval is interpretations of Federal statutes or States, thus contravening the required. OGE Informal Advisory Letter regulations. Depending upon the representational bans in 18 U.S.C. 203 82 X 19 (December 9, 1982), as visibility of the issues and any attendant and 205. published in ‘‘The Informal Advisory controversy, asserting conflicting legal Although the regulation to some Letters and Memoranda and Formal positions may diminish the extent covers areas that are subject to Opinions of the United States Office of persuasiveness of the advocate and existing prohibitions, paragraph Government Ethics,’’ (the ‘‘OGE undermine the credibility of both (c)(4)(i)(B) reaches situations not Advisory Publication’’), 313 (1979– clients. Paragraph (c)(4)(i)(A) is specifically addressed in the existing 1988), which is available for purchase intended, therefore, to safeguard the standards. Absent the prohibition from the Government Printing Office. As interests of the Department as the contained in this section, a Department an outside professional activity, such primary client to which the attorney attorney principally engaged in advising representation would be subject, in any employee owes a professional a client component conceivably could event, to the prior approval procedures responsibility. obtain outside employment advising, as in § 5501.106(d) of this part. Concededly, while representing a opposed to representing, a private client Paragraph (c)(4)(ii)(C) makes explicit private client, a Department attorney on areas of agency law to which the that neither the ban on asserting might take legal positions on a myriad attorney is not assigned. In these contrary positions nor the prohibition of issues not directly related to Federal circumstances, there is considerable risk on interpreting agency statutes is interests or agency programs—such as that the employment position held by intended to proscribe the giving of jurisdiction, service of process, the individual may convey an testimony under oath. standing, evidence, or statutory impression of authoritativeness or Asseting Contrary Legal Positions. construction—that differ from those the access to agency experts that may not Paragraph (c)(4)(i)(A) is consistent with attorney might have asserted while necessarily be warranted. Moreover, the rules of professional conduct acting in a governmental capacity. The private clients, and those aware of the governing the attorney-client section is not intended to proscribe agency attorney’s involvement, may relationship. Precluding outside law instances of outside practice merely assume incorrectly that the agency practice that may require the assertion because such issues would have been attorney’s interpretation has been vetted of legal positions adverse to the handled differently if the matters arose through the Department and is Department derives from the unique and in the prosecution or defense of an effectively a Departmental interpretation sensitive relationship between an agency case. Advocacy with respect to as well. Rendering legal services that attorney and a client, which for ancillary issues unrelated to substantive may require the interpretation of any attorneys in the Office of the General legal positions or agency administered statute, regulation, or rule administered Counsel, is the Department of Health statutes would only rarely have an or issued by the Department creates an and Human Services. impact sufficiently adverse to agency appearance that the employee has used Morever, the Department has a interests to be proscribed by the the employee’s official position to legitimate interest in maintaining the regulation. obtain an outside business opportunity. consistency and credibility of the Interpreting Agency Administered Further, if counsel were engaged in law Department’s position before the Statutes. Paragraph (c)(4)(i)(B) is practice that involved agency statutes, Federal courts. For the most part, the intended to effectuate the prohibition on the potential for asserting legal positions representational bans contained in 18 the use of public office for private gain, adverse to the interests of the U.S.C. 203 and 205 would preclude to preclude inconsistent legal positions Department would be heightened. outside practice by Department on core issues affecting the interests of Other Prohibitions and Procedures. attorneys in the Federal courts because the Department, and to protect the As a professional activity within the nondiversity cases within the Federal public interest by preventing any lay meaning of 5 CFR 2636.305(b)(1), the jurisdiction generally involve perception that an attorney’s outside practice of law must be controversies in which the United States employment with the Department authorized in advance under the prior is a party or has a direct and substantial signifies extraordinary competency on approval provisions contained in interest. However, cases may arise agency related issues, or that an agency section 5501.106(d). If an outside involving the interpretation or attorney’s interpretation implicitly is activity is expected to involve conduct application of Federal statutes or sanctioned or approved by the prohibited by a statute or Federal regulations that do not necessarily Department. regulation, including 5 CFR part 2635 implicate the direct and substantial For the most part, outside practice and this part, approval must be denied. interests of the United States. involving agency administered statutes The prohibitions contained in the The Office of Government Ethics and would be precluded as a conflicting criminal law, the OGE Standards and the Office of Legal Counsel at the activity. If the subject matter of the this supplement constitute considerable Department of Justice have opined that proposed representation and the impediments to outside law practice. the combined involvement of a Federal assigned duties of the attorney correlate, Subject to such exceptions as are statute and a Federal forum in and of the outside activity potentially would contained in the cited authorities, itself does not create a direct and require, under the standards set forth in permission cannot be granted, for substantial interest on the part of the 5 CFR 2635.402 and 2635.502, the example, if the activity: United States for purposes of sections employee’s disqualification from (1) Creates an actual or apparent 203 and 205. OGE 94 X 7 (February 7, matters so central or critical to the conflict with the employee’s official 1994), as published in the 1994 performance of the employee’s official duties under the criminal conflict of Supplement to the ‘‘OGE Advisory duties that the employee’s ability to interest provisions in 18 U.S.C. 208 or Publication’’; 14 Op. O.L.C. 139 (June 7, perform the duties of the employee’s the standards set forth in 5 CFR 1990). As a consequence, Department position would be materially impaired. 2635.402 and 2635.502; attorneys representing private clients Similarly, representation on matters (2) Involves compensated might appear in front of the same judges involving the application of agency representational services before any Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39761 department, agency, or court, in relation estates, and individuals subject to an officer, director, board member, or to any proceeding or other particular disciplinary, loyalty, or other personnel advisory group member in a political, matter in which the United States is a administration proceedings. On the religious, social, fraternal or recreational party or has a direct and substantial other hand, the Department recognizes organization, unless the position held interest, as proscribed by 18 U.S.C. 203; that many compensated activities—such by the employee requires the provision or as preparing a will, drafting Subchapter of professional services. For example, an (3) Entails, irrespective of S incorporation documents, searching HHS employee trained as an accountant compensation, prosecution of claims real estate titles, advising on State law may serve, without prior approval, on a against the Government or service as an contract disputes, or representing a church board and keep the church’s agent or attorney before any department, client in traffic court—can generally be books. Providing accounting services is agency, or court, in connection with any undertaken without detriment to the not a requirement of service on the covered matter in which the United agency’s interests, provided that the board. However, if the church were to States is a party or has a direct and employee adheres to the limitations of hire the employee, with or without substantial interest, in contravention of this rule. The Department, therefore, compensation, as its accountant, prior 18 U.S.C. 205. opted for the less restrictive approach approval would be required. Further, if the proposed outside embodied in this regulation. Prior approval is required for service activity would reflect adversely upon (d) Prior Approval for Outside as an officer, director, board member, or the Department so as to constitute Employment and Other Outside advisory group member in a conduct prejudicial to the Government Activities. Section 2635.803 of the OGE professional association or similar within the meaning of 5 CFR 735.203, Standards provides that an agency, by organization. Officeholding in a approval would be denied. In addition, supplemental regulation, may require its professional association may raise any approved outside activity requiring employees to obtain advance ‘‘representation’’ issues and other ethics absence from duty is subject to the administrative approval before engaging concerns not usually encountered in the denial or cancellation of leave due to in certain types of outside employment context of political, religious, social, exigencies of staffing and workload. or other outside activities, where the fraternal or recreational organizations. Alternatives Considered. In agency has determined that such a (2) Additional approval requirement developing this regulation, the requirement is necessary or desirable for applicable to employees of the Food and Department considered several options. the purpose of administering its ethics Drug Administration and the Office of The confluence of the many restrictions program. Provisions in the HHS the Chief Counsel. outlined above point in the direction of Standards of Conduct and the FDA Under FDA’s prior rule, adopted in banning all outside practice of law. Supplement, 45 CFR parts 73 and 73a 1972, all FDA employees have been However, public interest considerations (which are superseded by this rule), required to obtain prior approval for all require rejection of such a policy. have long required employees to obtain outside employment, with limited Attorneys in the Federal government written approval prior to engaging in exceptions. 45 CFR 73a.735–401. This can play a significant role in providing certain outside employment or other requirement proved to be an effective legal assistance to those in need without outside activities. Section 5501.106(d) mechanism for preventing inadvertent running afoul of these provisions. In continues this requirement. conflicts of interest among FDA keeping with their ethical obligation to The prior approval requirement has employees. Section 5501.106(d)(2) will the system of justice, Department been an integral part of the HHS ethics continue this requirement. attorneys may provide legal services pro program. Its continuance is deemed FDA estimates that approximately bono publico in areas such as landlord- necessary to ensure that an employee’s 25% of all consumer spending in the tenant disputes, State criminal defense participation in outside employment or United States is on products regulated work, and State workers’ compensation other outside activities does not by FDA. FDA can take actions that affect claims, that are unlikely to pose a adversely affect operations within the enterprises as diverse as grocery conflict or other ethical concern. employing component or place the retailers, home appliance Indeed, the Department encourages such employee at risk of violating applicable manufacturers, cosmetics distributors, volunteer activities, if not inconsistent statutes and regulations governing and dairy farmers. Even non-profit with the laws and regulations described employee conduct. organizations, such as patient advocacy above. Executive Order 12988 (1) General Approval Requirement. groups or blood banks, can have an specifically directs that all Federal Section 5501.106(d)(1) enumerates the interest in FDA actions. In light of the agencies ‘‘develop appropriate programs employment or activities, with or pervasiveness and variety of FDA- to encourage and facilitate pro bono without compensation, for which prior regulated and FDA-affected legal and other volunteer service by approval is required: (i) Providing organizations in the United States, there government employees to be performed consultative or professional services, is a significant risk that employees on their own time, including attorneys, including service as an expert witness; engaged in outside employment or self- as permitted by statute, regulation, or (ii) engaging in teaching, speaking, employed business activity may other rule or guideline.’’ writing or editing that relates to an confront actual or apparent conflicts of The Department considered a employee’s official duties or that is interest. proposal to ban compensated practice of undertaken as a result of an invitation The prior approval requirement in law. The availability of pecuniary gain from a prohibited source; and (iii) § 5501.106(d)(2) will allow FDA to assist could increase instances of outside providing services to a non-Federal employees in identifying organizations representation or induce the continuous entity as an officer, director, or board that are regulated by FDA or practice of law with concomitant member, or as a member of a group, significantly involved in FDA issues. administrative, management, and however denominated, that renders Ultimately, prior approval helps FDA conflicts avoidance burdens that are not advice, counsel, or consultation. employees to avoid conflicting activities implicated by the infrequent or Paragraph (d)(1)(iii), however, does with such organizations. occasional uncompensated activities not require prior approval for Section 5501.106(d)(2) codifies currently permitted on behalf of uncompensated (other than existing practice by applying the prior indigent clients, specified relatives and reimbursement of expenses) service as approval requirement to employees of 39762 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations the FDA Office of the Chief Counsel. speaking or writing, to use, or permit policies within the instructions or The rule also codifies current practice the use of, the employee’s title or manual issuances. by requiring prior approval for self- position in connection with an article The Department will continue to employed business activity. published in a scientific or professional employ HHS Form 520 as both a prior Consistent with the other prior journal, provided that the title or approval request form and a record of approval provisions applicable to all position is accompanied by a reasonably the disposition by the approval official. HHS employees, § 5501.106(d)(2) will prominent disclaimer satisfactory to the Paragraph (d)(5)(iii) of the section not require approval for participation in agency. The disclaimer must indicate requires officials responsible for the the activities of a political, religious, that the views expressed in the article administrative aspects of these social, fraternal, or recreational do not necessarily represent the views regulations to make provisions for the organization, unless the position of the agency or the United States. filing and retention of these forms. requires the provision of professional (4) Standard for Approval. Paragraph No provision is made in these services, or is rendered for (d)(4) specifies the standard for approval regulations, however, for an annual compensation (other than of outside employment or other reporting of outside activities submitted reimbursement of expenses). Moreover, activities. An activity that is not on HHS Form 521, as previously the prior approval requirement will not expected to involve conduct prohibited required by 45 CFR 73.735–709. That apply to those categories of employment by statute or regulation, including part section elicited an annual written that have been exempted, pursuant to 2635 and the agency supplemental, verification whether the work or activity § 5501.106(d)(5), based on a shall be approved. However, a note described in the original request was determination that such employment following the paragraph cautions that actually performed and required the activities generally would be approved during the course of an otherwise employee to specify the amount of time and are not likely to involve conduct approvable activity, situations may spent and whether the activity would prohibited by statute or regulation. arise, or actions may be contemplated, continue unchanged. Because the HHS (3) Submission of Requests for Prior that, nevertheless, pose ethical Form 520 contains a blank for Approval. This paragraph specifies that concerns. specifying duration and any substantive requests for approval of outside change in the scope of the approved (5) Responsibilities of the Designated activities must be submitted to the activity would constitute a new activity Agency Ethics Official and Component employee’s supervisor a reasonable time requiring submission of another HHS Agencies. Section 5501.106(d)(5) in advance of the proposed activity. Form 520, the annual report appears to authorizes the Designated Agency Ethics Prior approval requests must include be unnecessarily duplicative. Moreover, Official (DAEO) or the separate agency information sufficient to assess the the information requested would, in any components, with the concurrence of activity, such as: the employee’s name, event, form the basis of a responsible organizational location, position title, the DAEO, to issue instructions or dialogue between employees and and grade or rank; the name of the manual issuances exempting categories supervisors concerning workload person or organization for whom the of employment or other activities from allocation and the avoidance of outside work is to be performed; a the prior approval requirement based on conflicts. The minimal benefit to be description of the type and location of a determination that the employment or derived from an annual report does not such work; the method of activities within those categories would outweigh the considerable burden compensation; the duration of the generally be approved and are not likely involved in collecting, tracking, and activity, and the number of hours the to involve conduct prohibited by statute reviewing the forms. Accordingly, the employee expects to be engaged in such or Federal regulation, including the requirement for filing an annual HHS work. OGE Standards and this supplemental Form 521 expires upon the effective In order to implement the regulation. date of this rule. prohibitions contained in paragraphs (c) Through these instructions or manual (1) and (2) of this section relating to issuances, agency components may Section 5501.107 Teaching, Speaking HHS grant and contract activities, the specify internal procedures governing and Writing by Special Government employee must provide additional the submission of prior approval Employees in the Public Health Service information as currently required on the requests, designate appropriate officials Section 5501.107 is intended to deal HHS Form 520, ‘‘Request for Approval to act on such requests, and include with a common situation presented by of Outside Activity.’’ An employee who examples of outside employment or special Government employees in the renders consultative or professional other outside activities that are health agencies of the Department who services must state whether the client or permissible or impermissible consistent participate as speakers in continuing outside employer is a current or with the OGE Standards and this part. medical education (CME) courses and prospective HHS grantee or contractor. The OGE Standards also recognize similar activities. These health agencies And, an employee, irrespective of the that agencies may have policies must rely on special Government type of services to be provided, must requiring advance agency review, employees who are experts in various identify any HHS funding sources for clearance, or approval of certain biomedical fields. Such individuals the specific activity in which the speeches, books, articles, or similar tend to be active in private CME employee proposes to engage. products to determine whether the programs, which frequently are For activities involving teaching, material contains an appropriate sponsored or underwritten by the speaking, writing, or editing, the disclaimer, discloses nonpublic medical product industry. At FDA, in employee must submit the proposed information, or otherwise complies with particular, it is very common to find text of any disclaimer that is required by the teaching, speaking and writing that advisory committee members, in either the OGE Standards or the agency provisions of 5 CFR 2635.807. Because their private capacity as recognized instructions or manual issuances the need for preclearance and/or experts in various biomedical fields, authorized by paragraph (d)(5) of disclaimers may differ depending upon receive regular requests to participate in § 5501.106. Section 2635.807(b)(2) of the the activities and missions of the CME courses from medical product OGE Standards permits an employee various components of the Department, manufacturers. Sometimes these who is engaged in outside teaching, the rule authorizes inclusion of such manufacturers will have interests that Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39763 may be affected substantially by official applicable to Department employees Dated: July 17, 1996. matters to which the special under the now superseded HHS Donna E. Shalala, Government employee already has been Standards of Conduct and FDA Secretary, Department of Health and Human assigned. This provision makes clear Supplement contained at 45 CFR parts Services. that such employees may accept offers 73 and 73a. An immediate effective date Approved: July 22, 1996. of compensation to participate in CME is necessary to effect a smooth Stephen D. Potts, courses and similar events only when regulatory transition and to avoid a Director, Office of Government Ethics. the employee recuses from the lapse in applicable procedural and For the reasons set forth in the particular matter that would affect the substantive rules relating to prior preamble, the Department of Health and interests of the manufacturer. approval of outside activities and Human Services, with the concurrence Section 5501.108 Exception to the prohibited financial interests that could of the Office of Government Ethics, is Prohibition Against Assisting in the otherwise occur due to the expiration of amending title 5 of the Code of Federal Prosecution of Claims Against, or Acting ‘‘grandfathering’’ provisions contained Regulations by adding a new chapter as an Agent or Attorney Before, the in the OGE Standards. See 60 FR 66857. XLV, consisting of part 5501, to read as follows: Government, Applicable Only to Moreover, the proposed rulemaking Employees Assigned to Federally requirements of the Administrative 5 CFR CHAPTER XLVÐDEPARTMENT OF Recognized Indian Tribes or Alaska Procedure Act are not applicable HEALTH AND HUMAN SERVICES Native Villages or Regional or Village because this rule deals with agency Corporations Pursuant to the PART 5501ÐSUPPLEMENTAL organization, procedure, or practice, 5 Intergovernmental Personnel Act STANDARDS OF ETHICAL CONDUCT U.S.C. 553(b), and relates to matters of FOR EMPLOYEES OF THE Section 2635.902 of the OGE agency management and personnel, 5 DEPARTMENT OF HEALTH AND Standards contains a list of statutory U.S.C. 553(a)(2). The rule also contains HUMAN SERVICES provisions to which an employee’s several substantive provisions that grant conduct must conform. Among these or recognize an exemption or relieve a Sec. provisions is the criminal prohibition of restriction such that an immediate 5501.101 General. 18 U.S.C. 205, which generally bans effective date is permitted under 5 5501.102 Designation of HHS components as separate agencies. representational activities, whether or U.S.C.(d)(1). not for compensation, performed by any 5501.103 Gifts from federally recognized employee in claims against, or in other Executive Order 12866, Regulatory Indian tribes or Alaska Native villages or regional or village corporations. matters affecting, the Government. Planning and Review 5501.104 Prohibited financial interests The Indian Self-Determination Act (25 In issuing this rule, the Department of applicable to employees of the Food and U.S.C. 450i(f)), however, permits Drug Administration and the Office of Federal employees detailed or assigned Health and Human Services has adhered the Chief Counsel. to Indian tribes or Alaska Native villages to the regulatory philosophy and the 5501.105 Exemption for otherwise or regional or village corporations, applicable principles of regulations set disqualifying financial interests derived pursuant to the Intergovernmental forth in section 1 of Executive Order from Indian or Alaska Native birthrights. Personnel Act (5 U.S.C. 3372), to act as 12866 of September 30, 1993. This rule 5501.106 Outside employment and other agents or attorneys for, or appear on is limited to agency organization, outside activities. 5501.107 Teaching, speaking and writing behalf of, such tribes or Alaska Native management, or personnel matters, and by special Government employees in the villages or corporations in connection thus is not a ‘‘significant regulatory Public Health Service. with any matter pending before any action,’’ as defined in sections 3(d) 5501.108 Exception to the prohibition department, agency, court, or through (f) of the Executive order. against assisting in the prosecution of commission, in which the United States claims against, or acting as an agent or is a party or has a direct and substantial Regulatory Flexibility Act attorney before, the Government, applicable only to employees assigned to interest; provided that each such The Department of Health and Human employee advises in writing the head of federally recognized Indian tribes or Services has determined under the Alaska Native villages or regional or the department, agency, court, or Regulatory Flexibility Act (5 U.S.C. village corporations pursuant to the commission before which the individual chapter 6) that this regulation will not Intergovernmental Personnel Act. appears, of any personal and substantial have a significant economic impact on Authority: 5 U.S.C. 301, 7301, 7353; 5 involvement the individual may have a substantial number of small business U.S.C. App. (Ethics in Government Act of had as an employee of the United States entities because it affects only HHS 1978); 25 U.S.C. 450i(f); 42 U.S.C. 216; E.O. in connection with the matter. Section 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. employees. 5501.108 is added, therefore, to make 215, as modified by E.O. 12731, 55 FR 42547, explicit this exception to 18 U.S.C. 205, Paperwork Reduction Act 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, as referenced in §§ 2635.801(d)(4) and 2635.203, 2635.403, 2635.802, 2635.803. 2635.902(d) of the OGE Standards. The Department of Health and Human § 5501.101 General. Services has determined that the (a) Purpose. The regulations in this III. Matters of Regulatory Procedure Paperwork Reduction Act (44 U.S.C. part apply to employees of the chapter 35) does not apply because this Administrative Procedure Act Department of Health and Human The Department of Health and Human regulation does not impose any new Services (HHS) and supplement the Services has found that good cause information collection requirements that Standards of Ethical Conduct for exists under 5 U.S.C. 553(b) and (d) for require the approval of the Office of Employees of the Executive Branch waiving, as unnecessary and contrary to Management and Budget. contained in 5 CFR part 2635. In the public interest, the general notice of List of Subjects in 5 CFR Part 5501 addition to 5 CFR part 2635 and this proposed rulemaking and the 30-day part, employees are required to comply delay in effectiveness as to this final Conflict of interests, Government with implementing guidance and rule. Similar regulations have been employees. procedures issued by HHS components 39764 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations in accordance with 5 CFR 2635.105(c). (3) Agency for Health Care Policy and (b) Limitations on use of exception. If Employees are also subject to the Research; the donor is a tribe or village that has executive branch-wide financial (4) Agency for Toxic Substances and interests that may be substantially disclosure regulations at 5 CFR part Disease Registry; affected by the performance or 2634, the Employee Responsibilities and (5) Centers for Disease Control and nonperformance of an employee’s Conduct regulations at 5 CFR part 735, Prevention; official duties, the employee may accept and the HHS regulations regarding (6) Food and Drug Administration; the gifts authorized by paragraph (a) of conduct at 45 CFR part 73. (7) Health Care Financing this section only where there is a (b) Applicability. The regulations in Administration; written finding by the agency designee (8) Health Resources and Services this part apply to individuals who are that acceptance of the gift is in the Administration; agency’s interest and will not violate ‘‘employees’’ within the meaning of 5 (9) Indian Health Service; CFR 2635.102(h). The regulations thus (10) National Institutes of Health; any of the limitations on the use of apply to special Government employees, (11) Office of Consumer Affairs; exceptions contained in 5 CFR except to the extent they are specifically (12) Program Support Center; and 2635.202(c). excluded from certain provisions, and to (13) Substance Abuse and Mental § 5501.104 Prohibited financial interests uniformed service officers in the Public Health Services Administration. applicable to employees of the Food and Health Service Commissioned Corps on (b) Definition—(1) Employee of a Drug Administration and the Office of the active duty. component includes, in addition to Chief Counsel. (c) Definitions. Unless a term is employees actually within a component, (a) General prohibition. Except as otherwise defined in this part, the an employee in a division or region of permitted by paragraph (b) of this definitions set forth in 5 CFR part 2635 the Office of the General Counsel that section, no employee or spouse or minor apply to terms in this part. In addition, principally advises or represents that child of an employee, other than a for purposes of this part: component. special Government employee or the (1) Federally recognized Indian tribe (2) Remainder of HHS means spouse or minor child of a special or Alaska Native village or regional or employees in the Office of the Secretary Government employee, of the Food and village corporation means any Indian and Staff Divisions, employees of the Drug Administration or of the Office of tribe, band, nation, or other organized Office of the General Counsel with the Chief Counsel shall have a financial group or community, including any Department-wide responsibility, and interest in a significantly regulated Alaska Native village or regional or any HHS employee not in one of the 13 organization. village corporation as defined in or components designated as separate (b) Exceptions. Notwithstanding the established pursuant to the Alaska agencies in paragraph (a) of this section. prohibition in paragraph (a) of this (c) Applicability of separate agency Native Claims Settlement Act, 43 U.S.C. section: 1601 et seq., which is recognized as designations. The designations in (1) An employee or spouse or minor eligible for the special programs and paragraph (a) of this section identify an child of an employee may hold a services provided by the United States employee’s ‘‘agency’’ for purposes of: pension arising from employment with (1) Determining when a person is a to Indians because of their status as a significantly regulated organization. prohibited source within the meaning of Indians. (2) An employee who is not required 5 CFR 2635.203(d) for purposes of (2) Significantly regulated to file a public or confidential financial applying: organization means an organization for disclosure report pursuant to 5 CFR part (i) The regulations at subpart B of 5 which the sales of products regulated by 2634, or the spouse or minor child of CFR part 2635 governing gifts from the Food and Drug Administration such employee, may hold a financial outside sources; and (FDA) constitute ten percent or more of (ii) The regulations at § 5501.106 interest in a significantly regulated annual gross sales in the organization’s requiring prior approval of outside organization if: previous fiscal year; where an employment and other outside (i) The total cost or value, measured organization does not have a record of activities; and at the time of acquisition, of the sales of FDA-regulated products, it will (2) Determining whether teaching, combined interests of the employee and be deemed to be significantly regulated speaking or writing relates to the the employee’s spouse and minor if its operations are solely in fields employee’s official duties within the children in the regulated organization regulated by FDA. meaning of 5 CFR 2635.807(a)(2)(i). was $5,000 or less; (ii) The holding, if it represents an § 5501.102 Designation of HHS § 5501.103 Gifts from federally recognized equity interest, constitutes less than 1 components as separate agencies. Indian tribes or Alaska Native villages or percent of the total outstanding equity (a) Separate agency components of regional or village corporations. of the organization; and HHS. Pursuant to 5 CFR 2635.203(a), (a) Tribal or Alaska Native gifts. In (iii) The total holdings in significantly each of the thirteen components of HHS addition to the gifts which come within regulated organizations account for less listed below is designated as an agency the exceptions set forth in 5 CFR than 50 percent of the total value of the separate from each of the other twelve 2635.204, and subject to all provisions combined investment portfolios of the listed components and, for employees of of 5 CFR 2635.201 through 2635.205, an employee and the employee’s spouse that component, as an agency distinct employee may accept unsolicited gifts and minor children. from the remainder of HHS. However, of native artwork or crafts from federally (3) An employee or spouse or minor the components listed below are not recognized Indian tribes or Alaska child of an employee may have an deemed to be separate agencies for Native villages or regional or village interest in a significantly regulated purposes of applying any provision of 5 corporations, provided that the organization that constitutes any CFR part 2635 or this part to employees aggregate market value of individual interest in a publicly traded or publicly of the remainder of HHS: gifts received from any one tribe or available investment fund (e.g., a (1) Administration on Aging; village under the authority of this mutual fund), or a widely held pension (2) Administration for Children and paragraph shall not exceed $200 in a or similar fund, which, in the literature Families: calendar year. it distributes to prospective and current Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39765 investors or participants, does not (b) The exemption described in more of annual gross sales or revenues; indicate the objective or practice of paragraph (a) of this section applies or concentrating its investments in only if the particular matter does not (ii) Engage in employment, as defined significantly regulated organizations, if involve the Indian allotment or claims in 5 CFR 2635.603(a), whether or not for the employee neither exercises control fund or the Indian tribe, band, nation, compensation, with a significantly nor has the ability to exercise control organized group or community, or regulated organization, as defined in over the financial interests held in the Alaska Native village corporation as a § 5501.101(c)(2), unless the employment fund. specific party or parties. meets either of the following exceptions: (4) In cases involving exceptional (A) The employment consists of the § 5501.106 Outside employment and other practice of medicine, dentistry, circumstances, the Commissioner or the outside activities. Commissioner’s designee may grant a veterinary medicine, pharmacy, nursing, written exception to permit an (a) Applicability. This section does or similar practices, provided that the employee, or the spouse or minor child not apply to special Government employment does not involve of an employee, to hold a financial employees. substantial unrelated non-professional interest in a significantly regulated (b) Definitions. For purposes of this duties, such as personnel management, organization based upon a section: contracting and purchasing determination that the application of the (1) Compensation has the meaning set responsibilities (other than normal ‘‘out- prohibition in paragraph (a) of this forth in 5 CFR 2635.807(a)(2)(iii). of-stock’’ requisitioning), and does not section is not necessary to ensure public (2) Consultative services means the involve employment by a medical confidence in the impartiality or provision of personal services by an product manufacturer in the conduct of objectivity with which HHS programs employee, including the rendering of biomedical research; or are administered or to avoid a violation advice or consultation, which requires (B) The employment is limited to of part 2635 of this title. advanced knowledge in a field of clerical or similar services (such as science or learning customarily acquired cashier or janitorial services) in retail Note: With respect to any excepted stores, such as supermarkets, drug financial interest, employees are reminded of by a course of specialize instruction and study in an institution of higher stores, or department stores. their obligations under 5 CFR part 2635, and (4) Prohibited outside practice of law specifically their obligation under subpart D education, hospital, or other similar to disqualify themselves from participating in facility. applicable to attorneys in the Office of any particular matter in which they, their (3) Professional services means the the General Counsel. spouses or minor children have a financial provision of personal services by an (i) An employee who serves as an interest. Furthermore, the agency may employee, including the rendering of attorney in or under the supervision of prohibit or restrict an individual employee advice or consultation, which involves the Office of the General Counsel shall from acquiring or holding any financial the skills of a profession as defined in not engage in any outside practice of interest or a class of financial interests based 5 CFR 2636.305(b)(1). law that might require the attorney to: on the agency’s determination that the (A) Assert a legal position that is or (c) Prohibited outside employment interest creates a substantial conflict with the appears to be in conflict with the and activities—(1) Prohibited assistance employee’s duties, within the meaning of 5 interests of the Department of Health CFR 2635.403. in the preparation of grant applications and Human Services, the client to or contract proposals. An employee which the attorney owes a professional § 5501.105 Exemption for otherwise shall not provide consultative or disqualifying financial interests derived responsibility; or from Indian or Alaska Native birthrights. professional services, for compensation, (B) Interpret any statute, regulation or to or on behalf of any other person to (a) Under 18 U.S.C. 208(b)(4), an rule administered or issued by the prepare, or assist in the preparation of, Department. employee who otherwise would be any grant application, contract proposal, disqualified may participate in a (ii) Exceptions. Nothing in this program report, or other document section prevents an employee from: particular matter where the otherwise intended for submission to HHS. disqualifying financial interest that (A) Acting, with or without (2) Prohibited employment in HHS- compensation, as an agent or attorney would be affected results solely from the funded activities. An employee shall interest of the employee, or the for, or otherwise representing, the not, for compensation, engage in employee’s parents, spouse, child, or employee’s spouse or minor child, in employment, as defined in 5 CFR birthrights: any person for whom, or for any estate 2635.603(a), with respect to a particular for which, the employee is serving as (1) In an Indian tribe, band, nation, or activity funded by an HHS grant, guardian, executor, administrator, other organized group or community, contract, cooperative agreement, trustee, or other personal fiduciary to including any Alaska Native village cooperative research and development the extent permitted by 18 U.S.C. 203 corporation as defined in or established agreement, or other funding mechanism and 205, or from providing advice or pursuant to the Alaska Native Claims authorized by statute. counsel to such persons or estate; or Settlement Act, which is recognized as (3) Prohibited outside activities (B) Acting, without compensation, as eligible for the special programs and applicable to employees of the Food and an agent or attorney for, or otherwise services provided by the United States Drug Administration and the Office of representing, any person who is the to Indians because of their status as the Chief Counsel. An employee of the subject of disciplinary, loyalty, or other Indians; Food and Drug Administration or the personnel administration proceedings in (2) In an Indian allotment the title to Office of the Chief Counsel who is connection with those proceedings to which is held in trust by the United required to file a public or confidential the extent permitted by 18 U.S.C. 205, States or which is inalienable by the financial disclosure report pursuant to 5 or from providing uncompensated allottee without the consent of the CFR part 2634 shall not: advice or counsel to such person; or United States; or (i) Engage in any self-employed (C) Giving testimony under oath or (3) In an Indian claims fund held in business activity for which the sale or from making statements required to be trust or administered by the United promotion of FDA-regulated products is made under penalty for perjury or States. expected to constitute ten percent or contempt. 39766 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

(iii) Specific approval procedures. any outside employment, as defined in grant, contract, cooperative agreement, (A) The exceptions to 18 U.S.C. 203 5 CFR 2635.603(a), whether or not for or other source of HHS funding; and 205 described in paragraph compensation, or any self-employed (ix) For activities involving the (c)(4)(ii)(A) of this section do not apply business activity. provision of consultative or professional unless the employee obtained the (ii) The requirement of paragraph services, a statement indicating whether approval of the Government official (d)(2)(i) of this section does not apply to the client, employer, or other person on responsible for the appointment of the participation in the activities of a whose behalf the services are performed employee to a Federal position. political, religious, social, fraternal, or is receiving, or intends to seek, an HHS (B) The exception to 18 U.S.C. 205 recreational organization, unless the grant, contract, cooperative agreement, described in paragraph (c)(4)(ii)(B) of position held requires the provision of or other funding relationship; and this section does not apply unless the professional services or is performed for (x) For activities involving teaching, employee has obtained the approval of compensation other than the speaking, writing or editing, the a supervisory official who has authority reimbursement of expenses. proposed text of any disclaimer required to determine whether the employee’s (iii) The requirement of paragraph by 5 CFR 2635.807(b)(2) or by the proposed representation of another (d)(2)(i) of this section shall not apply instructions or manual issuances person in a personnel administration to the extent that an employment authorized under paragraph (d)(5) of matter is consistent with the faithful activity has been exempted, pursuant to this section. performance of the employee’s duties. paragraph (d)(5) of this section. (4) Standard for approval. Approval (d) Prior approval for outside (3) Submission of requests for shall be granted unless it is determined employment and other outside approval. An employee seeking to that the outside employment or other activities—(1) General approval engage in any of the activities for which outside activity is expected to involve requirement. Except to the extent that an advance approval is required shall make conduct prohibited by statute or Federal employment or other activity has been a written request for approval a regulation, including 5 CFR part 2635 exempted under paragraph (d)(5) of this reasonable time before beginning the and this part. section, an employee shall obtain activity. This request should be directed Note: The granting of granting of approval written approval prior to engaging, with to the employee’s supervisor who will for an outside activity does not relieve the or without compensation, in the forward it to the official authorized to employee of the obligation to abide by all following outside employment or approve outside employment and applicable laws governing employee conduct activities: activities requests for the employee’s nor does approval constitute a sanction of any violation. Approval involves an (i) Providing consultative or component. All requests for prior professional services, including service assessment that the general activity as approval shall include the following described on the submission does not appear as an expert witness. information: (ii) Engaging in teaching, speaking, likely to violate any criminal statutes or other (i) The employee’s name, writing, or editing that: ethics rules. Employees are reminded that (A) Relates to the employee’s official organizational location, occupational during the course of an otherwise approvable activity, situations may arise, or actions may duties within the meaning of 5 CFR title, grade, and salary; (ii) The nature of the proposed be contemplated, that, nevertheless, pose 2635.807(a)(2)(i)(B) through (E); or ethical concerns. (B) Would be undertaken as a result outside employment or other outside activity, including a full description of Example 1: A clerical employee with a of an invitation to engage in the activity degree in library science volunteers to work that was extended to the employee by a the specific duties or services to be performed; on the acquisitions committee at a local person who is a prohibited source public library. Serving on a panel that within the meaning of 5 CFR (iii) A description of the employee’s renders advice to a non-Federal entity is 2635.203(d), as modified by § 5501.102. official duties that relate in any way to subject to prior approval. Because (iii) Providing services to a non- the proposed activity; recommending books for the library Federal entity as an officer, director, or (iv) The name and address of the collection normally would not pose a conflict board member, or as a member of a person or organization for whom or with with the typing duties assigned the group, such as a planning commission which the work or activity will be done, employee, the request would be approved. Example 2: While serving on the library advisory council, editorial board, or including the location where the services will be performed; acquisitions committee, the clerical scientific or technical advisory board or employee in the preceding example is asked panel, which requires the provision of (v) The estimated total time that will to help the library business office locate a advice, counsel, or consultation, unless be devoted to the activity. If the missing book order. Shipment of the order is the service is provided without proposed outside activity is to be delayed because the publisher has declared compensation other than reimbursement performed on a continuing basis, a bankruptcy and its assets, including of expenses to a political, religious, statement of the estimated number of inventory in the warehouse, have been frozen social, fraternal, or recreational hours per year; for other employment, a to satisfy the claims of the Internal Revenue organization and the position held does statement of the anticipated beginning Service and other creditors. The employee may not contact the Federal bankruptcy not require the provision of professional and ending date; (vi) A statement as to whether the trustee to seek, on behalf of the public services within the meaning of library, the release of the books. Even though paragraph (b)(3) of this section. work can be performed entirely outside the employee’s service on the acquisitions (2) Additional approval requirement of the employee’s regular duty hours committee had been approved, a criminal for employees of the Food and Drug and, if not, the estimated number of statute, 18 U.S.C. 205, would preclude any Administration and the Office of the hours of absence from that will be representation by a Federal employee of an Chief Counsel. required; outside entity before a Federal court or (i) In addition to the general approval (vii) The method of basis of any agency with respect to a matter in which the requirements set forth in paragraph compensation (e.g., fee, per diem, United States is a party or has a direct and (d)(1) of this section, an employee of the honorarium, royalties, stock options, substantial interest. Food and Drug Administration or the travel and expenses, or other); (5) Responsibilities of the designated Office of the Chief Counsel shall obtain (viii) A statement as to whether the agency ethics official and component written approval prior to engaging in compensation is derived from an HHS agencies. (i) The designated agency Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39767 ethics official or, with the concurrence § 5501.107 Teaching, speaking and writing or attorney for anyone in a claim against of the designated agency ethics official, by special Government employees in the the United States, or from acting in such each of the separate agency components Public Health Service. capacity on behalf of another before any of HHS listed in § 5501.102 may issue (a) Applicability. This section applies department, agency, or other specified an instruction or manual issuance to special Government employees in the entity, in any particular matter in which exempting categories of employment or Public Health Service who otherwise are the United States is a party or has a other outside activities from a prohibited from accepting compensation direct and substantial interest. requirement of prior written approval for teaching, speaking or writing that is based on a determination that the related to their official duties, within (b) Exception applicable only to employment or activities within those the meaning of 5 CFR employees assigned to federally categories would generally be approved 2635.807(a)(2)(i)(C), because the recognized Indian tribes or Alaska and are not likely to involve conduct invitation or the offer of compensation Native villages or regional or village prohibited by statute or Federal for the activity was extended at a time corporations pursuant to the regulations, including 5 CFR part 2635 when the special Government employee Intergovernmental Personnel Act. and this part. was assigned to perform official duties Notwithstanding the provisions of 18 (ii) HHS components may specify that may substantially affect the U.S.C. 205, the Indian Self- internal procedures governing the interests of the inviter or offeror. Determination Act (25 U.S.C. 450i(f)) submission of prior approval requests (b) Permissible compensation. A authorizes Federal employees detailed and designate appropriate officials to act special Government employee may or assigned to Indian tribes or Alaska on such requests. The instructions or accept compensation for teaching, Native villages or regional or village manual issuances may include speaking or writing in circumstances corporations, pursuant to the examples of outside employment and described in paragraph (a) of this Intergovernmental Personnel Act (5 other outside activities that are section only where the special U.S.C. 3372), to act as agents or permissible or impermissible consistent Government employee recuses from the attorneys for, or appear on behalf of, with 5 CFR part 2635 and this part. official assignment that may such tribes or Alaska Native villages or With respect to teaching, speaking, substantially affect the interests of the corporations in connection with any writing, or editing activities, the person who extended the invitation to matter pending before any department, instructions or manual issuances may engage in the activity or the offer of agency, court, or commission, in which specify preclearance procedures and/or compensation. the United States is a party or has a require disclaimers indicating that the direct and substantial interest. Such views expressed do not necessarily § 5501.108 Exception to the prohibition against assisting in the prosecution of employees must advise, in writing, the represent the views of the agency or the claims against, or acting as an agent or head of the agency, with which they are United States. attorney before, the Government, applicable dealing on behalf of an Indian tribe or (iii) The officials within the respective only to employees assigned to federally Alaska Native village or corporation, of HHS components who are responsible recognized Indian tribes or Alaska Native any personal and substantial for the administrative aspects of these villages or regional or village corporations involvement they may have had as an regulations and the maintenance of pursuant to the Intergovernmental officer or employee of the United States Personnel Act. records shall make provisions for the in connection with the matter filing and retention of requests for (a) 18 U.S.C. 205. Section 205 of title concerned. approval of outside employment and 18 of the United States Code prohibits other outside activities and copies of the an employee, whether or not for [FR Doc. 96–19173 Filed 7–29–96; 8:45 am] notification of approval or disapproval. compensation, from acting as an agent BILLING CODE 4150±04±M federal register July 30,1996 Tuesday Without DoubleHulls;FinalRule Spills FromExistingTankVessels Operational MeasuresToReduceOil 46 CFRParts31and35 33 CFRPart157 Coast Guard Transportation Department of Part IV 39769 39770 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION holidays. The telephone number is (202) 13G of Annex I of the International 267–1477. Convention for the Prevention of Coast Guard FOR FURTHER INFORMATION CONTACT: Pollution from Ships, 1973, as modified LCDR Suzanne Englebert, Project by the Protocol of 1978 (MARPOL 73/ 33 CFR Part 157 Manager, Office of Standards Evaluation 78). Information on the public meeting and Development, at (202) 267–6490. is available for public review at the 46 CFR Parts 31 and 35 address under ADDRESSES. SUPPLEMENTARY INFORMATION: [CGD 91±045] In light of the comments received at Regulatory History the public meeting and in response to RIN 2115±AE01 the written comments received on the Section 4115(b) of the Oil Pollution NPRM, the Coast Guard reviewed the Operational Measures To Reduce Oil Act of 1990 (OPA 90) (Pub. L. 101–380, proposed requirements for structural Spills From Existing Tank Vessels 104 Stat. 520), which appears as a and operational measures. To expedite Without Double Hulls statutory note following 46 U.S.C., the implementation of section 4115(b) of 3703a, directs the Coast Guard to AGENCY: OPA 90, the Coast Guard developed a Coast Guard, DOT. develop structural and operational ACTION: Final rule. three-pronged approach which requirements for tank vessels of 5,000 encompassed three separate rulemaking gross tons (GT) or more without double SUMMARY: The Coast Guard issues projects. First, the Coast Guard issued a hulls to serve as regulations until 2015, regulations that will require the owners, final rule on August 5, 1994, requiring when all tank vessels operating in U.S. masters, or operators of tank vessels of the carriage of emergency lightering waters are required to have double hulls 5,000 gross tons (GT) or more that do equipment and the inclusion of the under section 4115(a) of OPA 90 (46 not have double hulls and that carry oil vessel’s International Maritime U.S.C. 3703a). Any requirements issued in bulk as cargo to comply with certain Organization (IMO) number in the under the authority of section 4115(b) operational measures. This final rule advance notice of arrival report (59 FR must provide as substantial protection contains requirements for bridge 40186); second, on November 3, 1995, it to the environment as is economically resource management and vessel issued a supplemental notice of and technologically feasible. specific policy and procedures, proposed rulemaking (SNPRM) On November 1, 1991, the Coast enhanced survey programs, regarding additional operational Guard published an advance notice of maneuvering performance capability measures (60 FR 55904); and third, on proposed rulemaking (ANPRM) (56 FR tests, and other measures aimed at December 28, 1995, it reviewed 56284), which discussed structural and reducing the likelihood of an oil comments on the NPRM for major operational measures intended to meet discharge from these vessels. structural measures, revised the section 4115(b) of OPA 90. The ANPRM Additionally, the Coast Guard is Regulatory Assessment (RA), and issued included a request for data on the amending requirements for the carriage an SNPRM regarding structural technical and economic feasibility of of onboard emergency lightering requirements for single-hull tank vessels those measures for use on vessels equipment and has addressed animal (60 FR 67227). Structural measures covered by section 4115(b). Eighty-eight fat, vegetable oil, and other non- addressed in this third project included comments were received by the close of petroleum oil in separate sections as hydrostatic loading requirements, the extended comment period, which required by the Edible Oil Regulatory structural refit of existing hull areas, ended on January 30, 1992 (57 FR 1243). Reform Act. These requirements will be emergency cargo off-loading After reviewing the comments, the capabilities, and other structural effective until all existing vessels Coast Guard published a notice of without double hulls are phased out in adaptations or major cargo carrying proposed rulemaking (NPRM) entitled adjustments. 2015. ‘‘Structural and Operational Measures to DATES: This rule is effective on Reduce Oil Spills from Existing Tank Background and Purpose November 27, 1996, except for Vessels Without Double Hulls’’ (Existing Section 4115 of OPA 90 mandates §§ 157.415 and 157.420 of 33 CFR part Vessels) on October 22, 1993 (58 FR regulations to provide improved 157 which are effective on February 1, 54870). The Coast Guard issued two protection from oil spills from tank 1997; and §§ 157.445 and 157.460(a) of subsequent correction notices on vessels in waters subject to the 33 CFR part 157 which are effective on November 19, 1993 (58 FR 61143), and jurisdiction of the United States due to July 29, 1997. The incorporation by December 14, 1993 (58 FR 65298), collisions and groundings. This section reference of certain publications listed which made technical corrections to the applies to tank vessels that are in §§ 157.430, 157.435, 157.450 of 33 NPRM. In response to several comments constructed, adapted to carry, or that CFR part 157 is approved by the Federal received on the NPRM, the Coast Guard carry oil in bulk as cargo or cargo Register as of November 27, 1996. The published, on December 16, 1993, a residue. incorporation by reference of certain notice of public meeting and extension The Coast Guard has determined that publications listed in § 157.445 of 33 of comment period (58 FR 65683). the applicability of these regulations CFR part 157 is approved by the Federal The Coast Guard held a public should reflect section 4115(a) of OPA Register as of July 29, 1997. meeting on January 20, 1994, to obtain 90, which requires certain existing tank ADDRESSES: Unless otherwise indicated, information from the public on the vessels without double hulls to be documents referred to in this preamble proposed regulations. Topics addressed phased out of operation by 2015. The are available for inspection or copying by speakers included applicability, Navigation and Vessel Inspection at the Office of the Executive Secretary, differences between tank barges and Circular (NVIC) 10–94, ‘‘Guidance for Marine Safety Council (C–LRA/3406) tankships, exemptions, and economic Determination and Documentation of (CGD 91–045), U.S. Coast Guard and technical feasibility of the proposed the Oil Pollution Act of 1990 (OPA 90) Headquarters, 2100 Second Street SW., regulations. Some of the basic Phaseout Schedule for Existing Single- room 3406, Washington, DC 20593– assumptions of the proposed regulations Hull Vessels Carrying Oil in Bulk,’’ 0001 between 930 a.m. and 2 p.m., addressed certain structural measures, provides a detailed explanation of the Monday through Friday, except Federal particularly their reliance on Regulation applicability of section 4115(a). Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39771

To clarify how each of these This comment writer presumed that the subchapter P. Specific problems of this regulations apply to foreign flag vessels, term meant a classification society that nature should be brought to the the Coast Guard has amended the is recognized by the flag administration attention of local Captains of the Port applicability section of 33 CFR part 157. of the ship concerned. The Coast Guard (COTPs) and are not within the scope of This amendment ensures, consistent notes that the comment writer’s this rulemaking. interpretation of an authorized with international law, that the 5. International Regulations and classification society is correct and is regulations do not impede freedom of Standards navigation by foreign flag vessels in the described in 46 CFR 31.10 and 33 CFR Exclusive Economic Zone (EEZ) of the 157.04. Twenty-one comments addressed issues of international regulations and United States or in innocent passage in 2. Communications the territorial sea of the United States. standards. Two comment writers stated However, they do apply to foreign flag One comment addressed issues that established International Maritime vessels engaging in lightering operations pertaining to vessel communications. Organization (IMO) guidelines should or off-loading oil at a deepwater port in This comment writer stated that the be mandatory, not optional. Other the U.S. territorial sea or the EEZ. Coast Guard and the Federal criticisms in these comments included: This final rule also requires a barge Communications Commission (FCC) perceived redundancy of the proposed owner to assume additional should work together to clear regulations because provisions of the responsibility for ensuring the towing frequencies of interference from SNPRM already have been covered in vessel has the information and overpowered transmitters, cellular international standards, and compliance equipment needed to safely operate. telephones, and paging systems because with these international standards Barge operations for loading cargo are improved communications would assist would promote uniformity as well as generally handled by company in avoiding environmental damage decreased redundancy, costs, and representatives or facility personnel. caused by collisions. While the Coast confusion for the shipping industry; the However, navigational control of the Guard will continue to work with the Coast Guard is undermining the tank barge has historically been the FCC on marine frequency issues, this is international process; that competency responsibility of the towing vessel. not the thrust of the present rulemaking. and manning requirements fall under Although section 4115(b) of OPA 90 did In this rulemaking, vessel flag state jurisdiction; and the SNPRM not specifically recognize the towing watchstanding communication goes beyond international requirements vessel’s shared role in tank barge effectiveness has been and remains the in some cases. The Coast Guard understands the operations, the towing vessel’s role in focus. While communication hardware value of international standards and has the navigation and control of the tank is vital and already regulated, an incorporated them into this rulemaking barge must be addressed to reduce individual’s ability to effectively where appropriate. The manning and accident risk from tank barges. This communicate with bridge watchstanders competency requirements proposed in final rule requires the tank barge owner and other vessel traffic requires further the SNPRM have been revised or or operator to ensure that operation of regulation because timely feedback can removed because they have been the towing vessel meets certain significantly reduce the risk of an included in the International standards comparable to those required accident. Convention on Standards of Training, for tankships. 3. Navigational Charts Certification and Watchkeeping for Discussion of Comments and Changes One comment addressed the issue of Seafarers, 1978 (STCW), and the 1995 The Coast Guard received a total of updating coastal navigational charts and amendments to the STCW; these will be 187 comment letters on the operational suggested that the Coast Guard work implemented by the signatory flag measures SNPRM (60 FR 55904; with the National Oceanic and states. Implementation of the November 3, 1995). These comment Atmospheric Administration (NOAA) in International Safety Management Code writers addressed various issues, and this process. The comment cited the (ISM Code) in 1998 will ensure that more than 350 comments were grounding of the M/V Alvenus which these requirements are effectively presented. This discussion is divided was caused by a shoal that was not implemented and reviewed by company into the following sections: general indicated on U.S. navigational charts management, as well as by the Coast comments; solicited comments; even though the charts were properly Guard, to further improve safety. personnel training and information; updated. The majority of the vessels Where international standards do not surveys; navigation and affected by this rulemaking are required address certain operations, the Coast maneuverability; additional to have pilots on board when entering Guard has met the intent of Congress by requirements for tank barges; and port or getting underway. These pilots, issuing these rules to ensure that emergency lightering requirements. All along with updated charts and broadcast specific vessels reduce their accident comments received on this rulemaking notice to mariners, all work in risk. The Coast Guard has imposed are available for inspection in docket conjunction to provide mariners with requirements in conformity with STCW, (CGD 91–045) at the address under timely information. The Coast Guard is MARPOL 73/78, and other international working with NOAA and is continuing guidelines where international ADDRESSES. For the purposes of this preamble discussion, the term ‘‘single- to upgrade vessel traffic systems and standards only recommend certain hull’’ means an existing tank vessel other navigation information systems. conduct rather than prescribe it. without a double hull. 4. Fairways and Anchorages 6. Human Factors General Comments One comment writer urged the Coast Eleven comments addressed the issue Guard to develop regulations that would of human factors. These comments 1. Authorized Classification Societies protect fairways and anchorages from suggested that the regulations One comment writer requested obstruction. Drilling operations and complement STCW as well as the Coast clarification of the term ‘‘recognized poorly buried pipelines were cited as Guard’s plan to address human factor classification society’’ used in causes for obstructions. The Coast issues in its Prevention Through People §§ 157.430 and 157.445 of the SNPRM. Guard regulates these areas in 33 CFR (PTP) program. The comments also 39772 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations supported the PTP program asserting To Reduce Oil Spills From Existing was replaced with a less burdensome that the program promotes more Tank Vessels Without Double Hulls (60 collection requirement to consult with effective environmental protection at FR 67226; December 28, 1995), the pilot and, in some cases, the tank reasonable costs to shipowners. Other including a discussion on HBL. While vessel owner or operator prior to a port comments asserted that a prevention the operational requirements in this rule transit. program requires fully implemented complement some current industry 10. Exemptions of Certain Vessels international regulations, clear rules, ‘‘best’’ practice, in other cases, they add and industry standards; the Coast Guard requirements where current Four comments suggested that tankers adopt a stronger position regarding drug international requirements are silent or calling exclusively at deepwater ports and alcohol testing; and the Coast Guard are only recognized as guidance. The be exempt because these requirements focus on researching human factors so Coast Guard continues to require these are an unnecessary burden for these that regulations do not become, without operational measures because they vessels. Another comment suggested basis, too focused on social engineering. clearly support operational safety and that the Coast Guard clarify that single- The Coast Guard notes the support of environmental conservation. hull tank vessels engaged exclusively in some of the comment writers for oil spill response are exempt. The incorporating human factors into these 8. Deployable Oil Booms operational measures in the regulations regulations and is committed to One comment writer suggested that are economically feasible for all vessels ensuring that tank vessels fully requirements be added to provide transporting oil and, therefore, there is implement this rule, as well as deployable oil booms and oil-scrubbing no exemption for vessels calling at international standards. The Coast equipment, to remove spilled oil within deepwater ports. Vessels that are solely Guard has implemented requirements the boom, on board vessels carrying oil. engaged in oil spill response are already fro companies to have drug and alcohol The comment writer stated that the exempt from these requirements in 33 testing programs for their employees in savings in insurance costs should offset CFR part 157.08. 46 CFR, subchapter B. These programs the cost of providing these booms and 11. Application to Additional Vessel are appropriate and it is not within the equipment. Onboard discharge removal Types scope of this rulemaking to revise them. equipment has been required on vessels since June 20, 1994, and is deemed Thirteen comments suggested 7. Congressional Intent sufficient as a minimum standard. expanding the applicability of these One comment writer asserted that the While deployable booms and scrubbing regulations to encompass vessel types Coast Guard improperly divided this equipment are effective in many and sizes other than single-hull tank rulemaking into three separate phases circumstances, the Coast Guard does not vessels 5,000 GT or more. Nine of these when Congress enacted a single intend to require additional equipment 13 comments suggested applying these provision requiring operational and in this final rule. regulations to all vessels; six of these structural measures. Because of this nine comments suggested implementing 9. Collection of Information rulemaking separation, the comment this application through the writer accuses the Coast Guard of The Coast Guard received three international process. These comments denying the public the opportunity to comments on the proposed collection of suggested that the operational comment in violation of the information requirements which requirements should apply to all Administrative Procedure Act (5 U.S.C. included the following: documentation vessels, as well as double hull tankers § 552, et seq.). This comment writer also and logging may prove too burdensome and cargo ships carrying only bunker asserted that the Coast Guard has not for inland water voyages; fuel, because improved operational complied with OPA 90 because it has documentation requirements for safety of all vessels will result in less intentionally delayed the rulemakings, proposed § 157.420 are not necessary accident risk to single-hull tank vessels. has addressed mishap risk reduction since they are already covered in The Coast Guard is acting under the and ignored oil outflow mitigation proposed § 157.415; and the posting of authority of section 4115(b) of OPA 90 reduction (especially hydrostatic minimum rest hour requirements in and does not intend by these regulations balanced loading (HBL) requirements), crew lounge areas and work spaces is to extend the rules to vessels other than and that the proposed operational needed as proposed in § 157.425(d) and vessels of 5,000 GT or more that do not measures only reflect minor adjustments should be expanded to include the have double hulls and that carry oil in to current industry practice. wheelhouse and lounge areas. bulk as cargo in this rulemaking. The Coast Guard disagrees with the The Coast Guard has revised the Implementing these operational assertion that it has not provided collection of information requirements requirements on vessels, regardless of appropriate opportunities to comment. because some proposed requirements type or size, is prudent and will be This rulemaking project has resulted in have changed or been eliminated in this beneficial. Because of this, the Coast the publication of an ANPRM, NPRM, rule. No training or rest hours are Guard may consider applying these and two SNPRMs. At each stage, notice required in this rule; therefore, the requirements to other vessels in future and an opportunity to comment have logging and posting requirements have rulemakings. been provided to the public. By been removed. As a logical outgrowth of breaking the implementation of 4115(b) the training requirement, tank vessels 12. State Regulation into three parts, the public has actually owners and operators will be required to Three comment writers addressed two been given more opportunity to provide vessel personnel with policy federal preemption issues. The comment and specifically focus those and procedures on bridge resource suggestions included the following: the comments on the economic feasibility of management and vessel orientation. Coast Guard should state that the rule each segment of this diverse This is a less burdensome collection does not alter the relationship between rulemaking. The Coast Guard notes the requirement than logging or tracking State and Federal governments comment pertaining to the OPA 90 individual vessel personnel training regarding pilotage requirements; and the deadline. Oil outflow mitigation completion. COTP reporting requirements should be exclusively requirements are thoroughly discussed requirements have also been removed in under Federal domain because, under in the SNPRM for Structural Measures this rule. This reporting requirement Ray v. Atlantic Richfield Co., 435 U.S. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39773

151 (1978), any regulations on tankers Regulatory Reform Act. The Edible Oil responsible for the compliance of a issued by the Coast Guard should Regulatory Reform Act requires federal primary towing vessel. preempt State regulations on the same agencies to differentiate between classes The Coast Guard has reviewed these subject. The Coast Guard believes these of oils and consider different treatment comments and finds that the Federal requirements are preeminent. of these classes, if appropriate. The law responsibility of implementing does not mandate exemptions. Subparts 13. Other Comments operational measures on tank barges has H and I are now included in 33 CFR part been appropriately applied to tank barge The Coast Guard also received several 157 to address these cargoes. The Coast other comments which included the Guard has considered the differences owners or operators. The ease of following: Clarify the definition of a between these cargoes and petroleum implementing these requirements and double bottom hull; incorporate the cargoes with respect to appropriate showing their implementation for tank strengthened operating procedures and operational measures to reduce the risk barge owners and operators, especially personnel policies used by the of an accident on single-hull tank as it pertains to leased towing vessel Washington State Office of Marine vessels. The development of these operators, has been addressed in this Safety (OMS) because these procedures operational measures included the rule by revising certain sections. The and policies offer a higher level of presumption that the accidents tank barge owner or operator remains protection than Coast Guard regulations; prevented or mitigated through these responsible for ensuring that certain make IMO regulations mandatory rather measures may result in the loss of the information is available to the towing than optional. content of an entire cargo tank at one vessel master or operator and that The Coast Guard notes these time. As discussed in the SNPRM and certain equipment is onboard the towing comments and has reviewed the in the final rules on Vessel Response vessel. Because the Coast Guard requires Washington State Office of Marine Plans (61 FR 1052; January 12, 1996) the barge owner to be liable for the Safety procedures and policies. Many of and Response Plans for Marine operation of the barge, the barge owner the requirements in this rule Transportation-Related Facilities (61 FR will actively screen towing vessel complement or parallel these 7890; February 29, 1996), the Coast operator quality, thus reducing the risk Washington State requirements. Other Guard has determined that bulk spills of of oil spills from the barge. Washington State requirements are animal fat, vegetable oil, and other non- outside the scope of this rulemaking. petroleum oil can be damaging to the 3. Economic Impact on Remote Certain IMO requirements are made environment; therefore, the operational Geographic Areas, Tourism, and Fishing mandatory in this rule; others are not requirements for vessels carrying these because they are outside the scope of products are similar to those The Coast Guard requested comments this rulemaking. The term ‘‘double requirements for petroleum oil carrying on the impact of the SNPRM on areas bottom hull’’ is not used in this rule. A vessels in this final rule. that are geographically remote, or vessel that has a double bottom covering economically dependent on tourism or the length of the cargo tanks is one that 2. Towing Vessel Requirements fishing. One comment writer, a meets the requirement of 33 CFR 157.10. The Coast Guard requested comments representative for the Commonwealth of Solicited Comments on the extension of certain towing the Northern Mariana Islands (CNMI), a vessel requirements to the tank barge cluster of islands in the Pacific, stated In the preamble of the SNPRM, the that while the CNMI’s economy is Coast Guard solicited comments on industry. One comment writer agreed heavily dependent upon tourism and various issues relating to this with the Coast Guard and asserted that fishing and would, therefore, benefit rulemaking. The following discussion an owner of a tank barge should be from oil spill prevention, its economy addresses the comments made in ultimately responsible in the event of a response to this request. spill and should establish a screening also is dependent upon oil importation system for selecting safe towing vessels. for the energy resources needed to 1. Non-Petroleum Oil Several other comments suggested the maintain its tourism and local economy. The Coast Guard requested comments following: The Coast Guard does not This comment writer asserted that if on the SNPRM’s regulatory impact on have the legal authority under 4115(b) these regulations were applied to vessels that carry only non-petroleum to place legal obligation upon the tank vessels serving ports within the CNMI, oil. Of the two comments received, one vessel owner or operator to ensure the they would either eliminate their comment writer asserted that the Coast competency of individuals assigned to service or raise their prices significantly, Guard’s treatment of animal fat and certain duties on primary towing causing substantial damage to CNMI’s vegetable oil in the same manner as vessels; the minimum rest hour, economy. The comment writer petroleum oil directly conflicts with the training, navigational and additional requested that the Coast Guard exempt provisions of the Edible Oil Regulatory tank barge requirements raise liability the CNMI or modify the regulations to Reform Act (Pub. L. 104–55, 109 Stat. questions for tank barge owners who consider local conditions in remote 546–547 [1995] and, therefore, animal charter a tug and crew from another areas. fat and vegetable oil carriers should be company and should not shift the exempt. The other comment writer, burden of compliance to the tank barge The Coast Guard has revised the however, supported extending these owner exclusively; the minimum rest operational measures, such as under- regulations to all existing tank vessels hour requirements, as proposed, are too keel clearance requirements, to ensure carrying non-petroleum oil and onerous on towing vessel operators; that local port conditions are remarked that it is economically feasible operational requirements should be considered. Because the revisions will and environmentally beneficial for these included directly into other rulemaking reduce the risk of an accident from vessels to meet the requirements. or the final rule should state that the single-hull tank vessels and also be cost The Coast Guard has addressed requirement is applicable to the towing effective for tank vessel owners or animal fat, vegetable oil, and other non- vessel with no tank barge owner or operators servicing remote locations, an petroleum oil separately in this final operator implication; and barge owners exemption for vessels serving the CNMI rule as required by the Edible Oil or operators should not be held is not contained in this rulemaking. 39774 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

4. Vessel Resource Management adoption of similar IMO provisions, maneuvering information. The Coast Training under the authority of section 4115(b) of Guard has retained the pilot card The Coast Guard requested comments OPA 90. Several comment writers requirement, as proposed in the on whether vessel resource management responded to this request and their SNPRM, because the format is inclusive training should be required or comments included the following: The and reflects international standards. requirements should conform with the recommended in these regulations. One work and rest hour provisions of STCW 10. Voyage Data Recorder Equipment comment supported the Coast Guard’s and should not go beyond them; the proposal to require vessel resource The Coast Guard requested comments requirement should be more inclusive management training. Another comment on requiring the use of voyage data and require rest hours before departure suggested that senior officers and recorder equipment, inclusion of an as well as rest hours before arrival; and engineers have this training available as early warning capability in a recording the rest hour requirements should an alternative to the proposed bridge device, and recommending provisions include engineers supervising in resource management training. The for near miss data collection. One bunkering and internal oil transfers. comment was received and suggested Coast Guard has reviewed the training The Coast Guard notes these requirements proposed in the SNPRM in that all vessels over 1,600 GT operating comments and has determined that in U.S. waters be required to carry conjunction with STCW. STCW requires expanding the work hour or rest hour training for watchstanders that, if voyage data recorders (VDRs) because requirements beyond STCW they would help pinpoint the cause of implemented correctly, will improve the requirements is not appropriate. quality of mariners throughout the an accident and assist companies in Because another rulemaking is monitoring bridge watchstanding industry. Because STCW is being implementing STCW, this rulemaking implemented in the U.S. and performance. Although this final rule no longer includes rest hour does not include a requirement for a internationally, the training requirements. The work hours originally requirements have been removed from VDR, the Coast Guard is researching the required by section 4114 of OPA 90 application of this type of equipment this rule. Company guidance remain in effect. requirements have been included in this and intends to work further with IMO rule to ensure that bridge resource 7. Vital Systems on this issue. management philosophy and vessel The Coast Guard requested comments 11. Bow Thrusters specific training requirements are on reporting requirements for the failure The Coast Guard requested comments supported in, and made effective by, of specific components within the on the feasibility of requiring bow company policy. Companies that train proposed vital systems. No comments thrusters on single-hull tankships. One their employees in vessel resource were received regarding whether the comment writer disagreed with a bow management are gaining valuable failure of a system should or should not thruster requirement, stating that bow employees and should be commended warrant COTP notification. The Coast thrusters were very expensive to retrofit, for their commitment to improving Guard has retained the vital systems ineffective at higher speeds, and could operational safety and environmental requirement in this rule without not substitute for escort tugs. The Coast conservation. mandating a reporting requirement if a Guard notes this comment and is not system fails; however, mariners are 5. Rest Hours and Travel Time including requirements for bow encouraged to follow the common thrusters in this final rule. The Coast Guard requested comments practice of good seamanship and the on travel time factors in the rest hour existing reporting requirements in 33 12. Routing Restriction Requirements requirements proposed in the SNPRM. CFR subchapter P remain in effect. One comment writer asserted that air The Coast Guard requested comments travel, jet lag, and time zone changes 8. Autopilot Use on Towing Vessels on establishing routing restriction should be factored into minimum rest The Coast Guard requested comments requirements. Five comments were hour standards. Another comment on the inclusion of a requirement for received, four of which suggested that suggested that the need to consider primary towing vessels to have a the Coast Guard establish requirements travel time before a crew member restriction on the use of the autopilot for pilot passage plans and included the assumes responsibility is legitimate. The similar to 33 CFR 164.13(d). One following comments: implementation of Coast Guard notes these concerns and comment writer responded to this passage plans should not wait for IMO has added them to the current request, stating that vessels towing tank development; and plans should require rulemaking project entitled barges should not be allowed to use pilots to advise the master of the ‘‘International Convention on Standards autopilot systems in rivers and intended passage because passage plans of Training, Certification and restricted waters. The Coast Guard would reduce accidents. Reference was Watchkeeping for Seafarers, 1978 agrees that it is not a recommended made to a study done by the (STCW): Implementation of 1995 practice for a towing vessel to use the Transportation Safety Board of Canada Amendments’’ (CGD 95–062) (61 FR autopilot while operating in restricted regarding the operational relationship 13284; March 26, 1996). Because the waters. However, there are times when between ship masters, watchkeeping rest hour requirement is being the use of an autopilot is necessary officers, and marine pilots. This study implemented as part of STCW, the Coast because some towing vessels are found that 200 out of 273 accidents Guard has removed the minimum rest designed to be operated by a single taking place between 1981 and 1992 hour requirements from this final rule. person. involved human factors. Of these 200 human factor related accidents, 84 6. Expansion of Work and Rest Hour 9. Pilot Cards involved miscommunication between Restrictions The Coast Guard requested comments the pilot and the master. An opposing The Coast Guard requested comments on whether the pilot card should have view, by the remaining comment writer, on the feasibility of expanding the additional information. One comment stated that the development of a passage application of work hour and rest hour suggested that information on the pilot plan would be ineffective and time- restrictions of section 4114 or the card could be combined with the consuming, whereas information Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39775 provided by the Army Corps of mariners, not just personnel on single- English-speaking people on the bridge Engineers would be much more useful. hull tank vessels; training and manning whenever a vessel is in U.S. waters. The Coast Guard supports and requirements should not be unilaterally The Coast Guard agrees that any recommends the use of pilot passage applied to licensed officers on U.S. company policy and procedures that plans. With the implementation of foreign vessels; towing vessel personnel support bridge resource management STCW and this rule, the conference should be clearly indicated and required principles, new crew member between the master and the pilot prior to complete the training requirements; orientation, or any other company to getting underway or entering port and training should be mandatory for all standing orders are effective and should be, or will shortly evolve into, a vessels, including small tank vessels essential to safe vessel operation. The valuable exchange of transit specific used to lighter. policy and procedure requirements in information. This rulemaking reflects Several comments remarked on the this rule reflect STCW and have been certain elements of passage planning but relationship between the proposed included because of their benefit in does not specifically mandate that the training and rest hour requirements and reducing accident risk. Any computer pilot plans the voyage because the tank international standards. Twenty-four training or other state of the art training vessel owner or operator is liable for the comment writers urged the Coast Guard techniques may also be beneficial; vessel and its cargo. to work within the international however, due to STCW training implementation, the Coast Guard has 13. Empty Wing Tanks process, and to conform with international standards such as STCW; not included these types of The Coast Guard requested comments Article 21 (2) of the United Nations requirements in this rulemaking. The on the economic and technical Convention on the Law of the Sea Coast Guard has not specifically feasibility of significant structural refit (UNCLOS); Articles 5, 6, and 10 of the required that personnel speak English; to reinforce bulkheads between empty Convention on High Seas of 1958; and however, it is not in keeping with the wing tanks and cargo tanks, possible International Labor Organization (ILO) standards of prudent seamanship if piping refit, and substantial stability Convention No. 147. Other comments bridge personnel cannot effectively reassessment. One comment writer suggested that the requirements of this communicate with the pilot, other suggested that empty wing tanks be section exceed the Coast Guard’s vessels, or vessel traffic system (VTS) considered. Another comment writer jurisdiction under international personnel, due to language difficulties. Other comments noted that because asserted that keeping wing tanks empty standards and represent unacceptable independent operators may not have or partially full to reduce the likelihood interference to international shipping adequate resources to provide effective of oil outflow in collisions would make operations. trading in the U.S. economically training programs, they should be Because of the implementation of required to attend commercial training disadvantageous for tankers because STCW, the Coast Guard has revised this empty wing tanks would not only programs. Another comment noted that rule and no longer requires training or course completion does not necessarily reduce storage flexibility, but would rest hours for watchstanders on single- also reduce storage capacity, resulting in ensure watchstander proficiency and hull tankships or primary towing the Coast Guard should be more an increase of traffic and the risk of vessels of tank barges. Mariner licensing pollution. proactive in supporting proficiency requirements are being revised assessment requirements at IMO. The Coast Guard notes that requiring extensively in another rulemaking and a vessel to fit structural reinforcement Several comment writers asserted that will include training requirements this proposed section is biased against and piping results in a long out-of- similar to those proposed in the service period for the vessel and cause single-hull vessels, and urged the Coast SNPRM; therefore, both foreign and U.S. Guard to conform solely to OPA 90 significant cargo shutout costs. The mariners, operating all commercial benefits achieved by implementing restriction. Another comment writer vessel types, will soon have additional also requested definitions of the terms empty wing tanks are from post- required training and be required to accident oil outflow reduction. A vessel ‘‘owner’’ or ‘‘operator’’. have rest hours. The requirements of The Coast Guard notes that smaller will be higher in the water with its wing STCW must be implemented by each tanks empty and its cargo, if released, companies may not be able to train vessel’s flag state. STCW also contains personnel as cost effectively as larger will have a higher outflow rate because provisions for port state control to allow of the increased hydrostatic pressure companies; however, by setting the effective assessment of foreign minimum standards of proficiency difference between the oil and the sea. mariner competence. These provisions Therefore, in a grounding, a vessel with within the licensing requirements, as will allow the Coast Guard to ensure STCW does, even small companies empty wing tanks could actually have a that competent mariners are operating higher rate of oil outflow than single- should have competent employees. The both foreign and U.S. single-hull tank Coast Guard’s support of training at IMO hull tank vessels ballasted properly and vessels. carrying oil in all cargo tanks. The Coast was key in the development of STCW; Other comments include specific the Coast Guard will continue to work Guard notes these comments and has recommendations for rising the not included a requirement for empty toward comprehensive competence proposed requirements as follows: standards for mariners. OPA 90 wing tanks in this rule because they are emphasize company standing orders, not cost-effective. conveyed the need to regulate existing policy and procedures, and the use of vessels without double hulls prior to Personnel Training and Information case studies; consider the effects of their phaseout dates. This rule circadian rhythm on vessel personnel 1. General implements that Congressional mandate when developing training programs; and uses the definitions of ‘‘owner’’ or Several comments are received that clarify course validation or certification ‘‘operator’’ as stated in OPA 90. addressed general applicability aspects requirements; require an interactive of the training and rest hour proposed computer or video training program 2. Bridge Resource Management requirements, which included the because it would enhance safety, and Training following: Training should be required would be more ship, cargo, and route One comment writer supported as part of the licensing process for all specific; and require at least two proposed § 157.415 as written. Other 39776 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations comments suggested revising the operators are also provided with barge 4. Minimum Rest Hour Requirements requirement as follows: include owner and operator guidance, has been Thirty-two comments addressed simulator training; change the name of included. Implementation of this requirements as proposed in § 157.425, this section to Bridge Team requirement coincides with the STCW two of which supported this provision. Management Training since courses in timeline of February 1, 1997. The other comments included the Europe on Bridge Resource Management 3. Vessel Specific Watch Training following: Clarify the phrase ‘‘prior to Training do not reflect the provisions of cargo transfer operations’’; clarify the Seventeen comments addressed § 157.415 of the SNPRM; and ensure rest hour requirements for shifting requirements as proposed in § 157.420, that the requirement does not limit between piers; remove the rest hour four of which supported this provision; training to a commercial course. requirement because it does not imply although one noted that confirmation of Thirteen comment writers asserted a reduction in a mariner’s fatigue; completion of training would be that the proposed 12-month remove the rest hour requirement difficult for barge owners or operators implementation of this training was too because the additional crew needed to that lease towing vessels. Other short and suggested that the meet this requirement would have less comments included the following: implementation period be increased to expertise and increase the risk of an clarify how academic training is to be 36 months or 1 year after STCW enters accident; ensure that the rest hour received; apply academic training to the into force because the number of requirement does not include master and the officer in charge of a personnel who need training would monitoring a pilot’s rest time; and navigational watch only, instead of exceed present training facility capacity ensure that the rest hour requirement applying it to all watchstanders, which and cumulative expenses would be does not allow owners or operators to is excessive § 157.415); make a difficult to meet. Similarly, another assess a crew member’s fitness for duty distinction between onboard training comment requested that foreign in the event the crew member’s rest and academic instruction and include mariners be allowed to complete Coast hours are interrupted by drills or both in training programs; emphasize Guard-approved commercial or emergencies. company courses within 5 years rather specific vessel attributes instead of Several comments questioned the than 36 months. Two refresher training general requirements; and remove the Coast Guard’s narrow application of this requirement revisions were suggested: requirement for error trapping because it section to masters and recommend that one suggested every 3 years; one is a term more appropriately applied to the rest hour requirements be applied to supported the 5-year training system safety engineers rather than masters at all times. Others recommend mariners. requirement as proposed. that the rest hour requirement be Of seven comments received that The Coast Guard has revised this applicable to watchstanders both before urged only onboard training be given, section in this final rule to reflect the port arrival as well as before port requirements in STCW, Section B–VIII/ four suggested that supervising officers departure. Some comments 2, Part 3. Training is not required in this conduct the training. Another comment recommended the rest hour particular final rule; however, it has suggested that training ashore be requirements’ applicability to be been proposed in a separate rulemaking conducted by supervisory personnel. expanded to all crew members entitled ‘‘International Convention on Other comments received indicated that supervising bunkering or internal oil Standards of Training, Certification and refresher training be linked to a transfers. Another comment Watchkeeping for Seafarers, 1978 mariner’s license renewal (every 5 recommended that the Coast Guard (STCW): Implementation of 1995 years) while another comment suggested pursue a change to 46 U.S.C. 8104, Amendments’’ (61 FR 13284; March 26, eliminating the refresher training which would allow rest periods and 1996). This rule does include a requirement. requirement for owners or operators to The Coast Guard is revising this coincide with the provisions in STCW. As noted by many of the comment provide policy and procedures section in this final rule to reflect the writers, STCW addresses rest hour addressing the bridge resource requirement in STCW, Section A–I/14. requirements. Because it is effective and management issues in STCW. The Coast In the final rule, Owners or operators beneficial to include all mariners in the Guard has detailed the need for concise are required to provide policy and rest hour requirement, not just mariners company guidance in its PTP program procedures addressing the vessel on single-hull tank vessels, the to reduce the risk of accidents. The specific watch training issues in STCW. proposed rest hour requirement has Company guidance required by this rule This complements the requirements in will give the master and officers in STCW and ensures that companies been removed from this rule. charge of the navigational watch clear implement them. The requirement also Implementation of STCW is well instructions of company expectations ensures that barge owners or operators underway and, therefore, mariners on and emphasize the serious ramifications provide policy and procedures to both U.S. and international vessels will of poor bridge resource management. towing vessel personnel to ensure that be subject to rest hour requirements by Although this guidance was place in the company policy is clear. The Coast February 1, 1997. In addition to these Section B of STCW, and is not part of Guard intends to enforce this requirements, the work hour the mandatory requirements of STCW, requirement by reviewing the policies requirements of section 4114 of OPA 90 the Coast Guard has determined that and procedural guidance provided to remain in effect. masters and officers in charge of a towing vessel personnel by the barge Surveys navigational watch need to be familiar owner or operator. An oversight with this guidance to ensure the program, or other management system, 1. Enhanced Survey Requirements environmental protection of U.S. waters should be developed by the barge owner Sixteen comment writers responded from single-hull tank vessels. Because or operator to ensure that the policy and to proposed § 157.430, two of whom the hazard of bulk oil spills due to tank procedures are clear and implemented supported the requirements as written. barges can also be reduced through effectively. The implementation of this Other comments included the following: implementation of bridge resource requirement coincides with the STCW Clarify how the enhanced survey management policy, the requirement, implementation date of February 1, implementation coincides with 46 CFR which ensures that towing vessel 1997 . part 31; clarify how the enhanced Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39777 survey implementation coincides with The provision for smaller tankships requirements and also reflects current classification special survey and tank barge owners or operators to recommended safety practices requirements; apply the Critical Area have an alternative survey program developed by the International Chamber Inspection Plan (CAIP) program to all remains in the rule to reduce cost to of Shipping, Oil Companies single-hull tank vessels 5,000 GT or small business owners and those not International Marine Forum, and the larger; apply requirements of this subject to MARPOL 73/78 requirements. International Association of Ports and section to all tankers and bulk carriers; Revisions to the alternative survey Harbors. No checklists were proposed in conform the proposed section to requirements were made to reflect the the SNPRM and none have been Regulation 13G of MARPOL 73/78; and acceptance of a professional engineer as developed for this final rule. The harmonize the section with the a third party oversight to the program. International Safety Guide for Oil requirements adopted by the Not only will this revision ensure that Tankers and Terminals (ISGOTT), International Association of the program is implemented and kept which is incorporated by reference, Classification Societies’ (IACS) active through the vessel’s life, but it contains sufficient, valuable safety members. will clarify and recognized the value of guidance to personnel in charge of One comment writer recommended independent auditing by knowledgeable transfer operations. The Coast Guard has eliminating the proposed alternative individuals. incorporated the fourth edition of enhanced survey option for smaller 2. Vital Systems Surveys ISGOTT rather than the proposed tankships and tank barges because it second edition. This newer edition complicates the requirements. Two Seventeen comment writers contains format changes and includes comments recommended that the Coast responded to proposed § 157.435, one of safety measures for loading at terminals Guard clarify the approval procedures whom supported the requirement. Other having vapor-emission control systems. for independent auditing authorities comments included the following: The ISM Code does not specifically within the alternative provision. Four Conform the proposed section with the address or require companies to develop comment writers recommended ISM Code; remove proposed § 157.435 the safety measures detailed in this rule. considering shipowners’ self-assessment because the ISM Code and industry It is anticipated that this requirement programs as an alternative to the already conform with this requirement; will become part of the company’s enhanced survey requirement. remove proposed § 157.435 because the Safety Management System when it Regulation of all tank vessels and bulk requirement are already covered by the implements the ISM Code. carriers is not within the scope of this Federal Declaration of Inspection; revise This rule was also revised to allow rulemaking. The Coast Guard has proposed § 157.435 to include only the personnel on tank vessels to inspect revised the enhanced survey checklist requirements; develop a mooring, emergency towing, and requirement in this final rule to clarify uniform list of elements for each system anchoring gear either prior to entering that the survey program will begin at a noted in this section rather than port or prior to getting underway. The vessel’s next regularly scheduled incorporating industry standards; survey frequency in this rule, rather drydock exam. For U.S. tank vessels, include communication system and than a less frequent survey, is this revision means that the next time navigation system surveys in the appropriate due to the propensity for the vessel is required by 46 CFR 31.10– requirement; inspect all vessel moorings severe weather to shift or damage this 21 to complete a drydock examination, twice a year instead of the proposed typically exposed gear. Communication as defined in 46 CFR 31.10–20, it must frequency; require that logbook entries, and navigation surveys were not implement an enhanced survey including surveys and checks, be done proposed in the SNPRM and are not program. For foreign tank vessels, the in the deck logbook, and not the Oil included in this rule because they are enhanced survey program must be Record Book. required by 33 CFR part 164 for vessels Several comments recommended implemented at the next drydock 1,600 GT or more and are proposed in adding the requirement to inspect required by the flag administration. This a separate rulemaking for towing vessels mooring lines and emergency towing implementation should not conflict (60 FR 55890; November 3, 1995). The lines before arrival or departure, as with special surveys required under logging requirement for this rule has classification society rules. IACS has appropriate. One comment been revised to reflect entry of vital implemented these enhanced survey recommended using standby tugs while systems surveys in the deck logbook or requirements since 1995 on most moored in extreme areas and suggested other onboard documentation. The existing tankships because they are also that research be conducted on mooring Coast Guard notes that measures such as required by MARPOL 73/78 to meet a vessel to a pier using a magnetic field. magnetizing or requiring additional tugs Regulation 13G. A vessel complies with Another comment suggested that the at pier facilities may have some benefit, this rule if it meets the enhanced survey following activities be conducted more but these measures are not included in requirements of Regulation 13G of frequently: Hydro-pressure testing of this rule because the cost to implement MARPOL 73/78. Requiring the CAIP cargo handling equipment; calibration them would be prohibitive to many program, in addition to the enhanced of safety pressure relief devices in cargo survey program, would be costly and pumping systems, and tank pressure ports. redundant; however, the CAIP program and vacuum devices; and exercising of Navigation and Maneuverability implemented for some tankships is critical components of the system such comparable to international enhanced as crude oil wash, inert gas, tank level 1. Autopilot Alarm or Indicator survey requirements. Therefore, this indicators or alarms. This comment Thirteen comment writers responded rule has been revised to include an writer asserted that these to proposed § 157.440, five of whom equivalency provision for vessels recommendations, if implemented, supported the requirement as written. enrolled in CAIP program. A Coast would reduce the risk of spills. Other comments suggested that the Guard review of the program has been The Coast Guard has reviewed the requirement should not allow the usage included in this revision to ensure that requirements proposed in the SNPRM of the autopilot in rivers or restricted it is comparable to the enhanced survey and has revised them slightly. This rule waterways. One comment writer, requirements prior to an equivalency goes beyond the requirements of the however, asserted that the requirements determination. Federal Declaration of Inspection of this section are unnecessary because 39778 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations a properly trained watch officer always Regulation of all vessels or double existing U.S. and foreign vessels over knows the status of his or her course. hull tank vessels is not within the scope 1,600 GT entering U.S. waters. Autopilot use is specifically limited of this rulemaking. The Coast Guard has The Coast Guard has retained the for tank vessels 1,600 GT or more in 33 considered the applicability of these maneuvering and vessel status CFR 154.13 and currently includes most maneuvering performance tests to information requirement in this final restricted waterways and rivers. The existing vessels and has retained the test rule and has made it applicable to the Coast Guard has not specified additional requirements. The maneuvering vessels covered by section 4115(b) of autopilot restrictions because this capability standard has been removed OPA 90; however, the maneuverability autopilot alarm or indicator requirement because the standards are for new booklet requirement in IMO Resolution will effectively reduce the misuse of construction while the testing of the A.601 Annex 3.3 is not required. autopilot when close to shore or in vessel’s maneuvering capability is the Combining the pilot card with other vessel traffic systems. Some companies focus of this rulemaking. By eliminating maneuvering information is not have installed these alarms and have the requirement to meet the required because the format of the pilot found that, even with highly skilled maneuvering capability standard, there card, maneuvering poster, and other watchstanders, the alarm has sounded is no longer an issue of vessel failure. maneuvering information has been in waters where a disengaged autopilot The requirement has also been revised accepted by the international was required. The Coast Guard is to allow the test methods of either community. The maneuvering poster retaining the autopilot alarm or Annex 1.2.1 or 1.2.2 of IMO Resolution requirement of this rule is more detailed indicator requirements in this final rule A.751(18) to complete the tests. than the requirements of 33 CFR part because ensuring the autopilot is Therefore, scale model tests or computer 164 and 46 CFR part 35 in that they engaged only in certain waters is predictions, validated by full-scale require squat and other engine beneficial. trials, or full-scale trial results are information to be displayed along with the general turning circle information. 2. Maneuvering Performance Capability acceptable. Those vessel owners or operators that contend that the vessel’s The format of the required maneuvering Nineteen comment writers responded full-scale trials would be unsafe, can poster is also standardized to enable to proposed § 157.445, five of whom now use other technological means to quick review of this data and to prevent supported the requirement. Some of the meet this requirement. Additionally, omission of important information. comments suggested applicability this rule allows tankship owners or Meeting the requirements of IMO changes including the following: Apply operators to substitute the test results of Resolution A.601(15) does not proposed § 157.445 to all vessels, a sister vessel if its hydrodynamic and necessarily ensure that the requirements regardless of their flags; extend propulsion design characteristics are the of 33 CFR part 164 and 46 CFR part 35 application of the proposed § 157.445 to have also been met. double hull vessels; work within IMO to same. By retaining this requirement, the apply IMO Resolution A.751(18) to all Coast Guard ensures that the vessel’s 4. Minimum Under-Keel Clearance vessels and include internationally maneuvering capability, including The Coast Guard received 169 agreed upon compliance stipulations; valuable overshoot angle information comments that responded to proposed remove proposed § 157.445 because the and detailed stopping capabilities, are § 157.455, four of which supported this maneuvering capability measurements posted and discussed prior to port entry section. Many of the comments of IMO Resolution A.751(18) are or departure. The COTP reporting suggested removal of proposed intended only for new vessels, many requirement proposed in the SNPRM § 157.455 for the following reasons: existing vessels would fail the capability has been removed and replaced with a most unintentional groundings are criteria, and it is unreasonable to require requirement for the master to discuss caused by operator error or mechanical certain maneuvers at 90 percent of full the maneuvering test results with the failure rather than inadequate clearance; speed; and remove the requirement pilot. The Coast Guard anticipates that each port already as draft limits based because it is costly, difficult to a transit specific discussion of on its own geography; calculations are complete, and not beneficial. maneuvering capability between the unreliable because of variable One comment writer asserted that pilot and the master is sufficient to environmental factors and vessel proposed § 157.445 is too complex and reduce the risk of accidents. schedules; the public may perceive considered current regulations 3. Maneuvering and Vessel Status proposed § 157.455 as ‘‘a quick fix’’ and, adequate. Other comments for revisions Information in some cases, if implemented, may to proposed § 157.445 included the actually be detrimental to marine safety; following: Accept Annex 1.2.1 in Thirteen comment writers responded a vessel operator’s own safety program addition to proposed Annex 1.2.2; to proposed § 157.450, five of whom is sufficient; studies have not indicated specify that tests be conducted on only supported the requirement and the that this requirement would result in one vessel of the class; clarify that if a incorporated standards. Other increased safety; tank vessel owners and vessel fails to meet the maneuvering comments included the following: operators may be unable to calculate criteria, the vessel owner or operator Combine pilot card and maneuvering clearances based on lack of local will not be liable for allowing the vessel information requirements into one knowledge; it is more appropriate to to enter port; remove the reporting document; reconcile the proposed include under-keel clearance awareness requirement in proposed § 157.445 section with 33 CFR 164.35(g) and 46 and calculation requirements as a because it is burdensome and CFR 35.20–40 to eliminate conflicting training requirement; a vessel’s liability misinterpretation could occur; provide requirements; remove the cap may be broken if it is grounded criteria to the COTP on applying maneuverability booklet requirement outside the navigational channel; the restrictions; revise the list of criteria that because it is of little value; retain the authority of the COTP is undermined COTPs can impose by removing information on the tanker’s particulars and proposed § 157.455 is contrary to proposed tug escort and speed limit recorded on the pilot card because it is PTP’s partnership policy; proposed options and including operational valuable; delete the entire proposed § 157.455 replaces the valuable local restrictions, such as reduced speed § 157.450 because it is not practical; and knowledge of the mariner with the operation. apply the requirements to all new and COTP; and proposed § 157.455, if Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39779 implemented, could wrongly extend to personnel to calculate the under-keel Additional Requirements for Tank all vessels. clearance. Barges Other comments suggested that the Because OPA 90 section 4115(b) Of the few comments received calculation of the anticipated under-keel addresses existing vessels without addressing additional requirements for clearance was acceptable; however, the double hulls, expanding this tank barges, two supported the proposed COTP reporting requirement was requirement to include all vessels, requirements as written. Another unacceptable for the following reasons: double hull vessels or bulk carriers is comment suggested that proposed The role of the COTP, as an not within the scope of this rulemaking. § 157.460(a) be removed because two independent authority able to enforce The Coast Guard has revised the engines, a single screw, and duplicate clearance requirements without being a anticipated under-keel clearance party to the decision, should be controls have proven to be safe. Other requirement. The requirement no longer comments expressed concern that the preserved; proposed § 157.455 should has a standard of .5 meter; however, the be revised to prohibit the passage of tank barge owner or operator would rule retains under-keel calculations and have a difficult time ensuring that the vessels unable to navigate the channel review of port requirements because the without touching the bottom because it towing vessel meets the proposed need for single-hull tank vessels to steering and fendering requirements. would be clear, enforceable, and not ensure good safety practices relating to require COTP approval; and authority of The Coast Guard has retained these under-keel clearance while transiting requirements to ensure the safe the COTP is illusory and would not be port is particularly essential. The used because of the COTP’s operation of tank barges. If a towing proposed .5 meter reporting requirement vessel owner has duplicate controls, but unwillingness to depart from the official has also been revised in this rule Coast Guard standard. not an alternate power unit, positive because the Coast Guard recognizes that steering control cannot be maintained. One key issue, addressed by 143 many ports have effectively set comment writers, was that under-keel Barge owners or operators should be guidelines followed by most vessels. clearance levels should be determined able to screen towing vessels for these Instead of the COTP reporting locally because of the variety of local requirements, either by physically requirement, the master and pilot must conditions and expertise. Another checking that this equipment is in place, review the anticipated clearance. The comment suggested that because shoals or using a contractual agreement as a pilot acts as an advisor, not as a establish a maximum loading draft that basis for hiring appropriate towing regulator. Partnerships and other civic could vary daily, the local minimum vessels. groups all assist the Coast Guard in its under-keel requirements should be set effort to make the industry safe; Emergency Lightering Requirements for on a daily basis. Several comments however, owners and operators Tank Vessels suggested that the Coast Guard allow the COTP to grant exceptions in situations continue to ignore cooperatively Eleven comment writers responded to where there might be a need to deviate developed safety practices when profits proposed § 157.410, six of whom from the minimum under-keel clearance are favorable. Oil spills have occurred supported the requirement as written. regulations because of safety or other because tank vessels enter port with The remaining five comment writers compelling port operation purposes. drafts too deep for the facility and then requested clarification on why this Other comment writers recommended ‘‘find’’ an anchor or rock as they proposed lightering equipment that the requirement either exclude or intentionally ground at the facility. requirement also addressed the piping make clearance-reduction allowances Because this rulemaking emphasizes that would be directly connected to it. for the facility. Another comment risk reduction, grounding any vessel at It was not the intent of proposed suggested that the Coast Guard should the facility, especially an existing tank § 157.410 to require complete on-deck only intervene in the event of vessel without a double hull or double piping refits on those existing vessels intentional overloading, misstating, or bottom, is not deemed prudent. that have installed malleable iron cargo understating of the draft. The factors used to calculate piping. This rule was developed to Four comments specifically anticipated under-keel clearance remain ensure that the equipment was on board recommended reducing the frequency of general because the Coast Guard has and available for use in an emergency. calculating under-keel clearance and emphasized the planning and review of It was not developed to require a designating a local authority, other than the Calculation by the master, pilot, and complete reconfiguration or a new the COTP, to set minimum under-keel owner or operator. The Coast Guard piping system. Surveys and regular clearance requirements and provide anticipates that a mariner, especially maintenance should ensure that piping water depth data. Other comments one that has met the competency systems on existing vessels constructed suggested that the calculation include requirements of STCW, will use the of malleable iron remain intact and safe. more detail such as squat, size of the appropriate factors such as salinity, tide, The Coast Guard has revised this vessel, ship handling, swell, tidal and sinkage to complete the anticipated requirement slightly to simply require conditions, type of seabed, and salinity. under-keel clearance calculation. This that the reducers, bolts, and gaskets not In contrast, several comments rule specifically requires the master to be constructed of cast iron or malleable suggested expanding the minimum review the calculations with the pilot in iron. under-keel clearance requirement to order to ensure that a valuable exchange include the following: Double hull tank of relevant information occurs prior to Discussion of Definitions and Subparts vessels; double bottom tank vessels; and the transit. This rule also ties the owner This final rule has added several all vessels. Other comments suggested or operator into the decision-making definitions to meet the requirements of the following: provide precedence over process. If owners or operators influence the Edible Oil Regulatory Reform Act other commercial vessels for fully- the master to enter port with under-keel (Pub. L. 104–55, 109 Stat. 546 [1995]) laden, heavy beam, self-propelled tank clearances that are imprudent or not in which requires different oil types to be vessels; prescribe convoy-transit-times line with pilot safety guidance, the categorized separately. The definitions for potentially high-risk vessels; require vessel owner or operator may risk the of ‘‘petroleum oil,’’ ‘‘vegetable oil,’’ escort tugs be used wherever possible; loss of the limits on liability if the vessel ‘‘animal fat,’’ and ‘‘other non-petroleum and require more than just the vessel grounds during transit. oil’’ have been added to this rule to 39780 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations delineate the differences between these summarized in the following for the rest hour requirement were cargoes. The definition of ‘‘departing discussion. underestimated because 46 U.S.C. port’’ has been removed because it was This rulemaking applies to all existing 8104(a) only applies to the officer taking used to reduce the impact of the vessels of 5,000 GT or more that do not the vessel out of port, not, as the proposed rest hour requirement on have double hulls and that carry oil, SNPRM estimated, both the officer and small tankship and tank barge animal fat, vegetable oil, and other non- the master. companies. In measures that include petroleum oil, in bulk as cargo. An The Coast Guard has reassessed the port entry or departure requirements estimated 1,359 existing tank vessels benefits from each of the measures in such as vital systems survey and under- (190 U.S. tankships, 1,080 foreign this rule and has considered remote keel clearance, the term ‘‘getting tankships, 86 U.S. tank barges, and 3 locations within its flexibility underway’’ is used in this rule because foreign tank barges) currently operating assessment. The costs were carefully it is appropriate and logical to require on U.S. navigable waters are affected by assessed for each measure and were not these calculations or surveys to be done this rulemaking. overinflated. The costs for rest hours prior to vessel movement. have been removed in this assessment Comments on the SNPRM Assessment Two subparts have been added to this because the rule no longer requires rest final rule. New subpart H was created to 1. Methodology of Assessment hours. Benefits have been estimated based on an assessment of each separate animal fats or vegetable oils The Coast Guard requested comments from other oils. Subpart I was created to measure’s effectiveness and the actual on the methodology used for the historical data that suggests the separate out other non-petroleum oils. preliminary benefit analysis in the The Coast Guard has determined that a likelihood of the type of accident the SNPRM as well as each measure’s measure mitigates. Some requirements discharge of animal fat, vegetable oil, or anticipated benefits and economic other non-petroleum oil from a vessel have been revised and the cost-benefits feasibility. One comment suggested that have been reviewed and changed to could reasonably be expected to cause the ‘‘fault trees’’ used to represent data harm to the environment. Therefore, reflect these cost and benefit in the preamble of the SNPRM were adjustments. In some cases, measure’s vessels that carry animal fat, vegetable excellent, but recommended that oil, or non-petroleum oil in bulk are cost has been reduced, an its estimated grounding be separated into its own effectiveness at mitigating an accident required to comply with the operational category for this analysis. The Coast measures in subpart G. has been reduced as well. This results Guard has reviewed all accidents in its in little to no change in the measure’s Amendments to 46 CFR Part 31 database that involved single-hull tank present value cost-effectiveness. The To ensure cross reference to the vessels and occurred between 1989 Coast Guard has kept operational safety enhanced survey requirements, tables through 1994. Groundings were and environmental conservation (a) and (b) in 46 CFR 31. 10–21 have researched as well as other types of paramount during the development of been revised to direct individuals using accidents. Although the ‘‘fault trees’’ these operational measures and has 46 CFR part 31 to § 157.430; however, were not reconstructed for this final effectively balanced the Congressional it does not change existing drydock rule, the effectiveness factors were restriction to only mandate requirements. estimated with respect to the risk of economically and technically feasible grounding and further field data was requirements. Amendments to 46 CFR Part 35 collected to compare and adjust the projected oil spilled benefit numbers 3. Comments on Under-Keel Clearance To ensure cross reference to part 157, Cost and Benefits § 35.01–40(c) of title 46 of the CFR is estimated due to groundings. The cost associated with the proposed revised to refer individuals using 46 2. General Comments on Costs and under-keel clearance requirement was CFR part 35 to the applicable pollution Benefits prevention requirements. discussed in many comments. The One comment writer asserted that the overriding statement of concern, Incorporation by Reference cost-benefit analysis inflated certain endorsed by 117 comments, was that The Director of the Federal Register costs, discounted certain benefits, and proposed § 157.455, if implemented for has approved the material in § 157.02 inflated the estimated costs. Another all vessels, would have a negative for incorporation by reference under 5 comment writer stated that travel and economic effect on ports and shipping U.S.C. 552 and 1 CFR part 51. The accommodations for additional crew due to the reduction in carrying material is available as indicated in that members would result in higher capacity of vessels, costs associated section. industry costs than the costs estimated with dredging, and tug costs. The in the SNPRM assessment. Several comments suggested that costs, due to Assessment comment writers remarked on the costs an all encompassing national under-keel This final rule is a significant of compliance with the minimum standard, would result in the following: regulatory action under section 3(f) of under-keel clearance provision of this for the West Gulf ports, the economic Executive Order 12866 and has been rulemaking by asserting the following: a impact would be $110 million annually; reviewed by the Office of Management detailed cost-benefit analysis of the the economic impact of this .5 meter and Budget (OMB) under that order. It under-keel clearance requirement requirement would negatively impact requires an assessment of potential costs should be completed; the potential Texas, Florida, Louisiana, and Virginia; and benefits under section 6(a)(3) of that impact on local trade should be factored port costs such as dredging or costs due order. It is significant under the into the cost analysis; the increase in to lost customers would place regulatory policy and procedures of the traffic due to the under-keel clearance significant economic pressure on the Department of Transportation (DOT) (44 requirement would reduce the benefits; ports; costs would be higher than FR 11040; February 26, 1979). and the under-keel clearance estimated because delay times must be An Assessment has been prepared requirement would not improve safety, allowed for oil redistribution after and is available in the docket for add economic benefits, or raise partial discharge operations; the shutout inspection or copying where indicated environmental protection. Some costs to one barge unit, associated with under ADDRESSES. The Assessment is comments also suggested that the costs a .5 meter clearance, would be $600,000 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39781 per year; and the 15 percent reduction the anticipated under-keel clearance iron flanges and fittings on tank vessels; of capacity of Aframax lightering vessels calculation and compare or review it therefore, only tank vessels with would result in an additional lightering with the owner’s or operator’s guidance, exclusive animal fat, vegetable oil, or vessel operation for each very large the risk of a grounding will be reduced. other non-petroleum cargo carriage crude carrier (VLCC) discharge. In authority were included in the cost of Industry Cost contrast, other comment writers this rule. Approximately 114 foreign remarked that 10 percent of the draught Some of the operational measures tankships and 2 foreign tank barges in fairways is standard practice inside require actions prior to each port transit carry non-petroleum cargo and may be ports, and that the cost assessment or cargo transfer. As a result, vessels on affected by this change. No U.S. vessels appears to be too high since under-keel coastwise or frequent transit schedules are indicated under this measure. clearance restrictions are already will incur higher expenses than vessels with a lower frequency of port calls. In The onetime cost for this requirement established in most ports. for foreign tankships is estimated to be Ninety-eight comments suggested that contrast, the decrease in fleet size as $456,000 to $1.1 million and the cost for the benefit estimates for proposed vessels arrive at their phaseout date foreign tank barges will be $8,000 to § 157.455 were overestimated by noting results in a downward trend in $19,000. Based on the average onetime the following: the oil spill from the estimated annual costs from 1996 cost for foreign tankships and tank vessel World Prodigy was not caused by through 2014. barges, the present value of point- inadequate under-keel clearance, but by First-year compliance cost of this final estimate costs for emergency lightering, the vessel being on the wrong side of the rule will total about $60.5 million. discounted at 7 percent to 1990, is buoy and in shallow water; pollution Annual costs of the rule will trend $530,000. would not be minimized on the downward, leveling out annually at Mississippi River, Delaware River, or $539,054 during 2012 to 2014, the final Bridge Resource Management Policy any other river because there has never years that the rule will be in effect. The and Procedures been an incident; the proposal would present value of this rule is discounted result in an increased risk to the at 7 percent throughout this assessment The cost for bridge resource environment from vessel traffic in accordance with current OMB management policy and procedures increases due to lightering and the guidance to reflect the costs or benefits reflects a 5-month implementation added danger of spills from the transfer as they would have been in the year the period in order to be in line with the of oil at sea; and because groundings Oil Pollution Act of 1990 (OPA 90) was implementation of the International occur outside the channel, benefits from enacted. The estimated present value of Convention on Standards of Training, proposed § 157.455 would be minimal this rule, discounted at 7 percent, will Certification and Watchkeeping for or nonexistent. total $106.3 million. U.S. tankships and Seafarers, 1978, as amended in 1995 The Coast Guard extensively reviewed tank barges account for an estimated (STCW). the estimated cost and the anticipated one-third of the total cost, and foreign Development of company specific benefit for this measure. A review of the tank vessels and barges account for the bridge resource management policy and port of New Orleans records revealed remainder. A discussion of costs for procedures was estimated to cost $5,000 that 1 percent of vessels have entered each requirement follows. per vessel per company and is port in the last 3 years with drafts The costs associated with each representative of the initial first-year exceeding the water depth or entered operational measure were developed costs of this requirement. The cost for a port ignoring local pilot guidance. There based on vessel type, vessel use, and company to review the policy and are records of in-channel groundings average vessel size. The cost analysis procedures, including vessel personnel from these vessels, and it is not was applied to tankships and tank oversight to ensure that the uncommon to find vessels aground at barges. Cost analysis calculations were watchstanders understand and follow the facility prior to off-load operations. based upon the following assumptions: guidance, is estimated to be $1,000 per Oil spills, such as the World Prodigy, (1) the rulemaking comes into effect in vessel per year. indicate that lack of passage planning, 1996; (2) the recurring cost of this specifically lack of under-keel clearance rulemaking reflects the future vessel The first-year costs imposed are planning, has contributed to accidents. population decrease as required by the estimated to total $4.7 million. The majority of comment writers phaseout schedule in section 4115(a) of Recurring costs are estimated to total mistakenly assumed that the proposed OPA 90; (3) costs and benefits $5.5 million over the 19-year life of this under-keel clearance requirement developed for this rulemaking are rule. Total costs of development and prohibited port entry and was discounted at 7 percent back to 1990; continued review of bridge resource applicable to all vessels. This rule and (4) all recurring costs are calculated management policy and procedures, applies to each single-hull tank vessel for the year 2001. discounted at 7 percent, will be that is not fitted with a double bottom approximately $10.17 million. Emergency Lightering Equipment that covers the entire cargo tank length. Vessel Specific Watch Policy and It does not extend to all vessels. The Lightering equipment costs were Procedures cost to ports was not included in the based on the costs used in the final rule estimate because the majority of entitled ‘‘Emergency Lightering The Coast Guard estimates the comments and the Coast Guard’s review Equipment and Advanced Notice of additional cost incurred by this revealed that most ports already have Arrival Requirements for Existing Tank requirement to be negligible. The cost under-keel clearance guidance. This Vessels Without Double Hulls’’ (59 FR attributed to time lost due to this policy rule addresses the small percentage of 40186; August 5, 1994). The vessel and procedures requirement is single-hull tank vessel owners or population affected by the emergency negligible because implementing this operators who knowingly allow their lightering equipment rule is small. type of policy falls within the scope of vessels to enter port at drafts deeper Section 157.410 of title 33 of the Code a master’s present responsibility to than port guidance recommends or of Federal Regulations requires oil ensure that the crew is ‘‘fit for duty’’ knowingly ground at the facility. By tankers to have this equipment. It is not and this requirement is already requiring the master and pilot to review common industry practice to allow cast mandated by STCW. 39782 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Enhanced Survey Requirements frequency of the drydock examination is Autopilot Alarm or Indicator Those tankships regulated by flag once every 2.5 years, an implementation adjustment of .4 was multiplied by the The cost for this measure was administrations that have adopted calculated based on the assumption for Regulation 13G of annex I of MARPOL cost for one survey to calculate annual costs. The Coast Guard assumes that the this measure was calculated based on 73/78 are presently required to meet this the assumption that 10 percent of the enhanced survey requirement; therefore, owners or operators will spread survey costs evenly over the 2.5-year interval. U.S. tankships presently meet this no cost was attributed to them for this requirement, none of the foreign rule. U.S. tankships currently are not The Coast Guard estimates the total estimated first-year annual cost for this tankships presently have this capability, required to meet Regulation 13G of and three towing vessels will require an Annex I of MARPOL 73/78; however, if rule to be $2.4 million for U.S. tankships; $10.3 million for foreign indicator for every two tank barges they have a current classification by a affected by this final rule. It was also classification society that is a member of tankships; $2.3 million for U.S. tank barges; and $80,000 for foreign tank assumed that the tank barge company IACS, they have been in an enhanced owned the towing vessel and, therefore, survey program since 1995. Under this barges. Because the cost estimates have been averaged and it has been assumed will incur the cost of this requirement. rule, those U.S. and foreign tank vessels The estimated installation cost of a not covered by MARPOL 73/78 that vessels affected by this rulemaking will be in service for at least two visual and audible autopilot alarm is Regulation 13G and those not classed by $5,000 on electronic tankship steering an IACS member, will incur costs drydock enhanced surveys prior to their phaseout, recurring costs will be the systems and the estimated autopilot associated with developing or indicator cost is $100. Negligible augmenting current survey programs to same as the first-year costs. The estimated present value enhanced additional costs are attributed to the meet this requirement. testing of this alarm because the test is Cost attributed to the enhanced survey cost, discounted at 7 percent in 1990, will total $28.2 million. short and there is a preexisting survey requirement includes the fee for requirement to test this type of the surveyor’s time to conduct the Vital Systems Surveys equipment under 33 CFR part 164. This survey and document it. Additional The cost of this measure will vary rule will have a onetime estimated cost costs include making approximately two to U.S. tankships of $855,000; to foreign tank interiors accessible to the surveyor based on port departure frequency, crew salary, and the estimated time required tankships, $5.4 million; to U.S. tank through the use of scaffolding, ladders, barges, $12,900; and to foreign tank lines, or other arrangements and for each survey. A survey is required before a tank vessel begins cargo transfer barges, $500. The estimated present additional gauging requirements. Some value of autopilot alarm cost, additional repair costs may also be operations or prior to a vessel either entering port or getting underway. An discounted at 7 percent to 1990, will incurred after a review of the survey is total $4.2 million. completed. These repair costs were estimate of port arrivals was calculated estimated in this assessment but were based on 1993 Coast Guard data and Maneuvering Performance Capability not increased due to vessel age because reflects an average arrival frequency of thorough, frequent hull surveys should 28 for U.S. tankships, 32 for U.S. tank Under this final rule, foreign and detect repairs before they come barges, 6 for foreign tankships, and 7 for domestic tankships of 5,000 GT or comprehensive—even as the vessel foreign tank barges. Three surveys were greater without double hulls will be approaches its phaseout. Cost estimates estimated for each port arrival. required to conduct additional do not include the costs to drydock the Crew members affected by this maneuvering tests and also recalculate vessel, gas free it for inspection, or keep requirement will be senior personnel. or confirm other maneuvering it in the drydock because these costs are For tank barge surveys, an average characteristic datum. Required already incurred with present towing vessel master’s wage was used performance tests can be done with the drydocking requirements. for cost evaluation. For tankship vessel in operation or with computer Tank barges are not required to meet surveys, an average chief mate’s wage simulation. Test costs are based on an Regulation 13G of Annex I of MARPOL and a chief engineer’s wage were used independent subcontractor coming on 73/78. This rule allows tank barges and for cost evaluation. Survey time was board a tankship to conduct the tests vessels smaller than the MARPOL 73/78 estimated at 1 hour on a tankship (0.5 and provide the documentation cutoff to substitute comparable hour each for both the chief mate and required. This estimate reflects industry company programs for the enhanced chief engineer) and approximately 48 cost for test preparation, equipment, survey requirements. Because the minutes for the master of a primary personnel, transportation, vessel company program clause assumes the towing vessel or a senior tank barge operational delay, data processing, and owner has an established survey representative. The survey cost is final report collation. It was assumed program and will not need to conduct estimated for U.S. tankships to be that no tankships affected by this rule extensive additional repairs, the cost of $660,000. The estimated survey cost to have conducted these tests. Because these company programs will be less foreign tankships will be $465,000. The sister vessel test substitutions are than a classification survey. The cost for estimated survey cost to foreign allowed in this rule, no cost was this equivalency is estimated to be half tankships will be $465,000; to U.S. tank attributed to 20 percent of the vessel the expense of a classification society to barges, $289,000; to foreign tank barges, population. Model testing was assumed document an enhanced survey, and half $2,500. By 2001, the estimated cost of to be similar in cost to actual testing. the expense of a MARPOL 73/78 this rule to U.S. tankships will be The total onetime estimated cost to tankship owner to gauge, scaffold, and $472,000; to foreign tankships $322,000; the U.S. tankship industry will be $2.8 make repairs to two cargo tanks. to U.S. tank barges, $208,000; and to million and the cost to the foreign The total estimated cost for this rule foreign tank barges, $1,500. The present tankship industry will be $15.9 million. reflects a 30-month initial estimated value of the costs of vital The estimated present value implementation period which coincides system surveys during each year the maneuvering performance capability with most vessels’ regularly scheduled rule will be in effect, discounted at 7 cost, discounted at 7 percent to 1990, drydock examinations. Because the percent to 1990, will total $6.0 million. will total $12.46 million. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39783

Maneuvering and Vessel Status By 2001, the estimated recurring cost of fendering systems, discounted at 7 Information this rule to U.S. tankships will be $1.3 percent to 1990, will total $329,000. million; to foreign tankships, $2.5 No additional maneuvering tests will Government Cost be required for § 157.450; however, million; to U.S. tank barges, $2.8 some recalculation of data from the million; and to foreign tank barges, Federal Government cost will include original tests used to develop the $142,000. The estimated present value Coast Guard personnel time and wheelhouse poster of 33 CFR 164.35(g) of the costs of under-kneel clearance resources to review survey records and may be required. A cost estimated of during each year the rule will be in documentation required by this rule effect, discounted at 7 percent to 1990, $1,080 was developed to reflect the during annual tank vessel examinations will total $43.97 million. recalculation of original maneuvering (foreign vessels) or annual inspections data and the fee of an average U.S. Emergency Steering Capability (U.S. vessels). It does not include licensed naval architect. Vessel Federal Government cost to vessels in Section 157.460(a) applied to the the National Defense Reserve Fleet population estimates indicated that 75 primary towing vessels engaged in percent of both foreign and U.S. (NDRF), because under Pub. L. 104–106, towing tank barges of 5,000 GT or more NDFR vessels are exempt from the tankships presently meet the without a double hull. An estimated wheelhouse poster requirement. The provisions of section 3703a of title 46, total of 134 towing vessels will be United States Code. cost attributed to the pilot card affected by this final rule. Of these requirement will be negligible because The length of time added to a typical vessels, research indicates 80 percent examination or inspection varies based the time spent completing the pilot presently meet this requirement. It was cards is within the scope of the officer on the type of service in which the assumed that the towing vessels that do vessel engages. The Coast Guard in charge of a navigational watch’s not meet this requirement are owned by normal duties. estimates that these requirements will the tank barge company. The cost to increase the time of examination or This requirement has a onetime cost reconfigure the towing vessel’s steering attributed to the wheelhouse poster. For inspection by an average of 0.5 hours for gear will be $25,000 based on an any given requirement. The various the 190 U.S. tankships, the estimated independent subcontractor installing cost of the wheelhouse poster will be requirements range from 0.25 hours to additional piping and tankage on an inspect log entries to 8 hours to review $10,000. For the 1,080 foreign existing hydraulic steering system. documentation of an enhanced survey tankships, the estimated cost of the The onetime emergency steering on a U.S. tankship or tank barge. wheelhouse poster will be $58,000. The requirement cost is estimated to be estimated present value maneuvering $645,000 for U.S. tank barge companies, Government costs attributable to and vessel status information cost, and $25,000 for foreign tank barge implementation of this rule are based on discounted at 7 percent to 1990, will owners or operators. The estimated 11 requirements. The Coast Guard total $43,995. present value emergency steering examination or inspection will evaluate relevant documentation on several Minimum Under-Keel Clearance capability cost, discounted at 7 percent to 1990, will total $446,000. measures. These measures are as The cost of the measure was based on follows: bridge resource management several assumptions. This requirement Fendering Systems policy and procedures, vessel specific anticipates that the under-keel clearance Section 157.460(b) applies to primary policy and procedures, enhanced calculation will be completed by the towing vessels and the fleeting or assist surveys, vital systems surveys, vessel master or tug operator, reviewed towing vessels engaged in maneuvering maneuvering performance capability with the pilot, and compared with tank barges of 5,000 GT or more without test information, maneuvering company port specific guidance or double hulls. A total of 312 towing information, and minimum under-keel reviewed with the vessel owner or vessels will be affected by this final clearance. During an annual operator prior to port entry or getting rule. Of these vessels, 80 percent examination or random port inspection, underway. For tank vessels, it was presently have adequate fendering the Coast guard will also ensure that the assumed that this calculation will be systems. It was assumed that those emergency lightering equipment, the done at least twice for each port transit. towing vessels that do not meet this autopilot alarm or indicator, the It was assumed that this measure will requirement are owned by the tank emergency steering gear, and the affect approximately 1 percent of the barge company or the tank barge fendering systems meet the tankship population and 10 percent of company will realize a cost increase in requirements. the tank barge population. Of the the leasing of an adequately fendered The maneuvering performance affected population, it was estimated towing vessel. The cost to add or capability requirement specifies that a that this rule will result in a 9 percent reconfigure the towing vessel’s tankship master shall discuss the reduction in cargo carrying capacity. fendering system will be $1,320 based vessel’s test results with the pilot prior The cost attributed to the recording on a towing vessel’s personnel installing to port entry or getting underway. Coast requirement will be negligible because an additional 8 linear feet of commercial Guard personnel will not have any the time spent completing the vessel log fenders during a routine maintenance oversight obligation for this entry or other similar documentation is period. requirement. within the scope of the officer of a This requirement is estimated to have Therefore, the government cost navigational watch’s normal duties. an initial cost to U.S. tank barge analysis assumes annual inspection As a result of the reduced cargo companies of $79,500, and a cost to time will average 6.95 hours for U.S. capacity for the affected vessels, the foreign tank barge companies of $3,000. tank vessels and 4.75 hours for foreign first-year under-keel clearance cost is Estimated recurring costs, reflecting the tank vessels. Based on a $35.00 per hour estimated for U.S. tankships to be $2.5 diminishment of the single-hull tank wage estimate for a Coast Guard million. Foreign tankship costs will be barge fleet by 2001, will be $57,000 for inspector, the Coast guard expects that about $3.6 million, U.S. tank barge cost U.S. tank barge companies and $2,000 the 7,062 additional man-hours of will be about $4.2 million, and foreign for foreign tank barge companies. The inspection time will cost $247,179 tank barge costs will be about $142,000. estimated present value of the cost of annually. 39784 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

Cost—Benefit Evaluation tracking the difference between the calculations was assumed to be the potential and actual oil spill and same as the affected vessel population Costs damage amounts. The anticipated using the phase-out estimate described Cost estimates were based on the volume of oil spilled and damage to in the cost section. Because this forecasted 19-year life of this regulation. vessels and equipment was determined requirement mitigates oil outflow and For all requirements, the undiscounted to be slightly higher than the mean does not reduce accident risk, the cost of compliance is projected to be values because this assessment only benefits were estimated based on the $209 million. The estimated present reviewed 6 years of data. amount of oil actually spilled (without value cost of this rule, discounted at 7 Comparison with other long-term oil any damage numbers included) from the percent to 1990, will total $106.3 spill studies reveals that the 107 107 researched casualties. By million. accidents studied in this assessment are cumulating the amount of actual oil Benefits not necessarily representative. spilled in the 107 casualties and Therefore, further analysis was done to dividing by the average number of Pollution mitigation benefits from estimate, using the variance values single-hull vessels operating between these operational measures will accrue calculated for the 107 accidents, the 1989 and 1994, a per vessel oil spill mainly in areas around loading appropriate increase in benefits amount was calculated. This oil spill terminals, narrow channels, and in open attributable to each measure. To amount was then divided by the 6-year waters during lightering operations. compare the data from the 107 accidents period to give an estimated annual oil A benefit analysis for each measure in this assessment, each accident was spilled per tank vessel amount of 43.33 was completed after reviewing the 107 correlated with a general incident type barrels. A benefit total was calculated by tank vessel casualties that have occurred (structural failure, collision, grounding, cumulating this oil spill per vessel to vessels without double hulls within fire, or explosion). The benefits for those amount multiplied by the anticipated the last 6 years. Casualty information measures correlated with structural or vessel population over the 19-year was reviewed from the Coast Guard’s fire and explosion incidents were not period. The cumulative benefit total was marine safety information system as increased because these incidents occur then multiplied by the estimated risk well as from National Transportation randomly and their adverse effects effectiveness factor range to provide the Safety Board (NTSB) reports, if within the 19-year period of this final benefit range. For the emergency available. Appendix C (available in the rulemaking are unpredictable. The lightering equipment requirement, the docket) contains details on the 107 benefits correlated with collisions, estimated present value benefit range is casualties reviewed for this benefit groundings, and operational spills were 485 to 1,456 barrels of unspilled oil for analysis and ordering information on increased because the mean values the 19-year life of this rule. casualty case reports completed by determined from the 107 accidents were Bridge resource management policy NTSB. lower than estimates extrapolated from and procedures. The estimated risk The estimated benefits for each oil spill studies done between 1976 effectiveness factor range for bridge measure were calculated by reviewing through 1989. To calculate the resource management policy and the casualty report, analyzing each appropriate increase in benefits, the procedures was established to be casualty’s root causes, and estimating a sum of all measures apportioned to each between 5 percent and 8 percent. This percentage of the recorded or probable incident type was compared to an estimate reflects the anticipated spillage associated with each root cause. estimated of incident spill volumes from effectiveness in reducing the risk of an The actual and potential amounts of oil long-term oil spill studies. An iterative accident by making the master and spilled were then broken down from process was used to adjust the portion watch officers aware of the need to these estimated root cause percentages of the variance added to each benefit effectively manage bridge personnel. and accredited to each of the measures, and compare the summed incident Research on the 107 accidents attributed if applicable. values to ensure that they remained approximately $21 million in vessel An annual actual and potential oil below the estimated long-term spill damage and 94,161 barrels of oil spilled spill estimate for each vessel was volume amounts. from 1989 to 1994 to poor bridge calculated for each measure. The actual A risk effectiveness factor range was resource management practices. The amount of oil spilled and the actual developed using figures 3 through 6 in estimated risk effectiveness factor range dollar amount of damage done to the the preamble of the SNPRM for each was multiplied by the cumulated vessel, pier, or other structures was measure. This factor range estimates the benefits to estimate the requirement’s tabulated. A potential amount of oil percentage of causal factors leading to benefit. The bridge resource spilled and damage was also estimated an accident that will be eliminated if the management policy and procedures for each accident. These potential measures are followed. An estimated requirement benefits will range from amounts are an estimate of how much range of future barrels of avoided oil 16,349 to 26,159 barrels of unspilled oil additional spilled oil or damage could spilled and avoided damages, based on and $1,607,091 to $2,571,346 dollars of have occurred if there had been slight the qualitative risk assessment, was undamaged property for the 19-year life change in accident circumstances such developed for each measure by of this rule. as the amount of cargo in the damaged multiplying the adjusted mean oil spill Vessel specific policy and procedures. tank(s); the potential amounts do not and damage amounts with the risk The estimated risk effectiveness factor reflect the worst-case scenario. By effectiveness factor range. range for vessel specific policy and cumulating the actual oil spill and Each measure’s actual benefit range, procedures was established to be damage amounts over the 19-year with the dollar figures adjusted to between 2 percent and 10 percent. This rulemaking period and correlating these reflect the present value in 1990 dollars, estimate reflects the anticipated amounts with the phase-out schedule are as follows: effectiveness in reducing the risk of an for single-hull tank vessels, mean values Emergency lightering equipment. The accident by ensuring new crew for spills and damages for each measure estimated risk effectiveness factor range members are given the time and training were established. An estimate of the for this measure was established to be they need to be effective. Research on variance in oil spills and damages over between 1 percent and 3 percent. The the 107 accidents attributed the next 19 years was developed by number of vessels used for the benefit approximately $22,050 in vessel damage Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39785 and 1,256 barrels of oil spilled from barrels of unspilled oil and $95,313 to multiplied by the cumulated benefits to 1989 to 1994 to lack of crew knowledge $190,626 dollars of undamaged property estimate the requirement’s benefit. The in emergency procedures or equipment. for the 19-year life of this rule. maneuvering and vessel status These damage and oil spill estimates Vital system surveys. The estimated information requirement benefits will were cumulated per vessel per year, and risk effectiveness factor for vital system range from 2,025 to 3,150 barrels of the risk effectiveness factor range was surveys was established to be between unspilled oil and $1,569,018 to then used to predict the final benefits. 8 percent and 13 percent. This estimate $2,440,695 dollars of undamaged The vessel specific policy and reflects the anticipated effectiveness in property for the 19-year lift of this rule. procedures requirement benefits will reducing the risk of an accident by Maneuvering performance capability range from 115 to 575 barrels of ensuring that systems are working tests. The risk effectiveness factor range unspilled oil and $685 to $3,426 dollars properly prior to cargo transfers and for this measure was estimated to be of undamaged property for the 19-year port transits. Research on the 107 between 8 percent and 13 percent. This life of this rule. accidents attributed approximately $3.3 estimate reflects the anticipated Enhanced survey requirement. The million in vessel damage and 3,920 effectiveness in reducing the risk of an estimated risk effectiveness factor range barrels of oil spilled from 1989 to 1994 accident by making sure the tankship’s for the enhanced survey requirement because critical pumping, piping, and master and the pilot discuss the vessel’s was established to be between 6 percent deck gear were not maintained. These maneuvering capabilities and know how and 12 percent. This estimate reflects damage and oil spill estimates were the vessel’s limitations may impact the the anticipated effectiveness in reducing cumulated per vessel per year and the transit. Research on the 107 accidents the risk of an accident by ensuring that risk effectiveness factor range was then attributed approximately $.5 million in the vessel’s structure has a detailed used to predict final benefits. The vital vessel damage and 3,337 barrels of oil inspection on a regular schedule. systems survey requirement benefits spilled from 1989 to 1994 because Research on the 107 accidents attributed will range from 1,153 to 1,874 barrels of masters and pilots failed to properly approximately $1 million in vessel unspilled oil and $402,125 to $653,454 predict the vessel’s capability to damage and 79,694 barrels of oil spilled dollars of undamaged property for the maneuver to tight turns or difficult from 1989 to 1994 to undetected 19-year life of this rule. approaches. The estimated risk structural flaws which led to major Autopilot alarm or indicator. The effectiveness factor range was catastrophes. These damage and oil spill estimated risk effectiveness factor range multiplied by the cumulated benefits to estimates were cumulated per vessel per for autopilot alarms or indicators was estimate the requirement’s benefit. The year, and the risk effectiveness factor established to be between 4 percent and maneuvering performance capability range was then used to predict the final 9 percent. This estimate reflects the test requirement benefits will range benefits. anticipated effectiveness in reducing the from 3,960 to 6,435 barrels of unspilled The benefit anticipated from this risk of an accident by making sure that oil and $65,592 to $106,587 dollars of enhanced survey requirement is not the tankship’s master or the tug’s master undamaged property for the 19-year life from the actual survey, but from the knows that the autopilot is engaged and of this rule. timely repairs made to the vessel based that it must be turned off before Minimum under-keel clearance. The on the survey. Although this assessment maneuvering the vessel. Research on the risk effectiveness factor range for the attributed some cost to repairs for each 107 accidents attributed approximately minimum under-keel clearance survey, this requirement, in and of $1.25 million in vessel damage and requirement was estimated to be itself, does not mandate repair. The 12,900 barrels of oil spilled from 1989 between 10 percent and 23 percent. This requirement implies that a tank vessel to 1994 because the autopilot was reflects the anticipated effectiveness in owner or operator will review the engaged while the master or watch reducing the risk of an accident by survey reports and ensure that officer was trying to maneuver the making sure the tankship or tug master appropriate repairs are made to the vessel. The estimated risk effectiveness understood the under-keel clearance of vessel to prevent a major structural factor range was multiplied by the the vessel and do not bring the vessel catastrophe. In some, but not all, cases cumulated benefits to estimate the into areas that are shallow or shoaling. the Coast Guard or the classification requirement’s benefit. The autopilot Research on the 107 accidents attributed society will review the enhanced survey alarm or indicator requirement benefits approximately $13.8 million in vessel reports and oversee appropriate repairs, will range from 818 to 1,841 barrels of damage and 7,176 barrels of oil spilled but the responsibility to ensure that unspilled oil and $75,937 to $170,857 from 1989 to 1994 because the pilot or appropriate repairs are done rests on the dollars of undamaged property for the master did not correctly gauge the vessel owner or operator. 19-year life of this rule. vessel’s draft in relationship to the This assessment does not quantify the Maneuvering and vessel status transit depths or ignored port specific added benefits anticipated from savings information. The risk effectiveness draft guidance. The estimated risk realized from making only needed factor range for this measure was effectiveness factor range was repairs. With this requirement a tank estimated to be between 9 percent and multiplied by the cumulated benefits to vessel will be subject to close scrutiny; 14 percent. This estimate reflects the estimate the requirement’s benefit. The therefore, extensive general repairs done anticipated effectiveness in reducing the under-keel clearance requirement because the surveyor is uncertain of risk of an accident by making sure the benefits will range from 5,279 to 12,142 specific damaged areas, will be scaled tankship’s master understands the status barrels of unspilled oil and $2,102,584 down to fix the appropriate area or of the vessel’s equipment and to $4,835,943 for the 19-year life of this eliminated since the added gauging and maneuvering characteristics, including rule. close-up examination will reveal more squat. Research on the 107 accidents Emergency steering capability. The defined information on the structure’s attributed approximately $11.3 million estimated risk effectiveness factor range soundness. in vessel damage and 3,333 barrels of oil for the emergency steering capability Taking into account the anticipated spilled from 1989 to 1994 because the requirement was established to be effectiveness of this requirement, the pilot or master was not aware of the between 4 percent and 9 percent. This enhanced survey program requirement equipment status. The estimated risk estimate reflects the anticipated benefits will range from 7,280 to 14,559 effectiveness factor range was effectiveness in reducing the risk of an 39786 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations accident by making sure the tug has populations of less than 50,000. The companies owning tank barges or tank steering while working with tank barges Coast Guard has determined that this vessels less than 30,000 deadweight of 5,000 GT or more. Research on the rule will not have a significant tons (dwt) to conduct their own surveys 107 accidents attributed approximately economic impact on a substantial and to choose among various $1.6 million in vessel damage and 428 number of small entities. organizations for program oversight. It barrels of oil spilled from 1989 to 1994 The operational measures will affect also phases in this requirement over a because the tug lost steering control several small businesses within the 2.5-year period to enable small while maneuvering tank barges of 5,000 maritime industry until 2015, a period businesses to research their needs and GT or more. The estimated risk of about 19 years. The Coast Guard has plan for the implementation of an effectiveness factor range was made this finding of no significant inspection program. multiplied by the cumulated benefits to economic impact, however, after having To accommodate small businesses in estimate the requirement’s benefit. The determined that the flexibility in this the tank barge industry, the cost of emergency steering capability rulemaking balances the requirements reconfiguring a towing vessel owned by requirement benefits will range from 67 placed on tank barges and tankships and the tank barge company was minimized to 150 barrels of unspilled oil and provides equitable treatment of U.S. and by requiring the autopilot alarm to be an $79,766 to $179,474 dollars of foreign flag vessels. indicator; a simple sign placed on the undamaged property for the 19-year life This rulemaking considered small wheel will suffice. This requirement of this rule. business impact for vessels privately gives a comparable warning in the small Fendering systems. The estimated risk held by independent companies that confines of the one-man towing vessel effectiveness factor range for fendering have an estimated capital investment wheelhouse as will an alarm for the systems was established to be between value of less than $500 million or have larger, multiple-person, complex bridge 5 percent and 9 percent. This estimate less than 500 employees. State and local of a tankship. The emergency steering governments, which altogether own less reflects the anticipated effectiveness in capability requirement accommodates a than a dozen tank vessels, will not be reducing the risk of an accident due to range of designs by allowing for either significantly affected. Not-for-profit damage by ensuring that the tank barge a secondary steering system or twin organizations do not engage in the is protected from maneuvering tugs. propulsion capability. This requirement transportation of oil in bulk by water. Research on the 107 accidents attributed allows the majority of tank barge approximately $85,888 in vessel damage There are a number of companies meeting the definition of a small companies to continue using their and 768 barrels of oil spilled from 1989 vessels or the vessels they typically to 1994 because tugs ram the barge and business operating in each segment of lease; however, it also ensures that the either promote or create cracking. The industry (tankship, tank barge, and master or operator will have some estimated risk effectiveness factor range towing vessel.) Of the 190 U.S. maneuvering capability in an electrical, was multiplied by the cumulated tankships affected by this final rule, 16 hydraulic, or engine failure, which will benefits to estimate the requirement’s are owned by 6 small businesses. Many be a benefit to all operators. benefit. The fendering system of these company’s tankships are over requirement benefits will range from 30 years old, have less cargo carrying Smaller tankship companies should 128 to 230 barrels of unspilled oil and capacity than their competition, and are have the capability to conduct the $5,351 to $9,632 dollars of undamaged laid up due to market or company maneuvering performance standard tests property for the 19-year life of this rule. financial conditions. Six small of IMO Resolution A.751(18). While the Cost-Benefit. The estimated cost- businesses own or operate 32 of the assessment cost of this item is for a benefit for each measure was calculated affected U.S. tank barge population. No commercial company to conduct the by dividing the measure’s present value foreign small businesses own or operate maneuvering tests, this rulemaking in net cost by the measure’s present value foreign tank vessels that will be affected no way prohibits a company form barrels of unspilled oil. Net cost was by this final rule. Tank barge companies conducting the tests in-house. The calculated by subtracting the present are required under this rule to enlist guidelines and technical details of the value range of undamaged property, in towing vessels with certain capabilities tests are well documented and are dollars, from the present value cost of and trained personnel. Indirectly, some within the capabilities of a licensed each measure. Estimates of damages to towing vessel companies may also be master or pilot. The equipment needed natural resources are not included in the affected by these requirements; for these types of maneuvering tests, net cost for this final rule. The net however, the Coast Guard has such as a Differential Global Positioning present value of the costs of various determined that most tank barge owners System (DGPS), is available on the measures will range from $0 to $7,931 also own their towing vessels or commercial market at low cost. per barrel of unspilled oil. The overall regularly contract with a limited Unfunded Mandate mean present value of these operational number of towing companies. measures is $2,025 per barrel of An economic impact is unavoidable Under the Unfunded Mandates unspilled oil. because the statute clearly targets Reform Act (Pub. L. 104–4), the Coast existing vessels of 5,000 GT or more that Guard must consider whether this rule Small Entities carry oil in bulk as cargo and do not will result in an annual expenditure by Under the Regulatory Flexibility Act have double hulls. The present value of State, local, and tribal governments, in (5 U.S.C. 601 et seq.), the Coast Guard the total cost to the industry of this rule, the aggregate, or by the private sector, of must consider whether this rule will discounted at 7 percent to 1990, will $100 million (adjusted annually for have a significant economic impact on total $106.3 million. However, the Coast inflation). The Act also requires (in a substantial number of small entities. Guard has several measures within this Section 205) that the Coast Guard ‘‘Small entities’’ may include (1) small final rule to accommodate small identify and consider a reasonable businesses and not-for-profit business needs and provide flexibility to number of regulatory alternatives and, organizations that are independently small entities affected by this final rule. from those alternatives, select the least owned and operated and are not Flexibility and small business needs costly, most cost-effective, or least dominant in their fields, and (2) are accommodated in the enhanced burdensome alternative that achieves governmental jurisdictions with survey requirement by allowing the objective of the rule. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39787

The cost analysis completed for this company can ensure prudent clearance or disapprove the information collection rule estimates first-year compliance is maintained. These recordkeeping requirements. costs to be $60.5 million. Annual costs requirements are consistent with good Federalism of this rule will trend downward, commercial practice and the dictates of leveling out annually at $539,054 during good seamanship for safe navigation and The Coast Guard has analyzed this 2012 through 2014, the final years that maintenance of vital equipment. final rule under the principles and the rule will be in effect. This rule will Proposed Use of Information: The criteria contained in Executive Order not result in estimated costs of $100 primary use of this information will be 12612 (October 26, 1987) and has million or more to either State, local, or for Coast Guard inspectors to determine determined that this final rule does not tribal governments in the aggregate, or if a vessel is in compliance or, in the have sufficient federalism implications to the private sector. The cost-benefit case of a casualty, whether failure to to warrant the preparation of a analysis done for this rule addresses meet these regulations contributed to Federalism Assessment. expected cost-effectiveness for each the casualty. The Coast Guard has no Environment measure. For those measures that were specific plan to collect this data for The Coast Guard considered the estimated to be the most costly, statistical analysis. alternative requirements, extended environmental impact of this rule and Frequency of Response: Owners, concluded that preparation of an implementation periods, or provisions master, or operators of tank vessels for the company to determine Environmental Impact Statement is not subject to this rule will be required to necessary. An Environmental appropriate implementation on a case- record or maintain the following by-case basis were included in this rule. Assessment and a Finding of No documentation: (1) under § 157.415, Significant Impact are available in the Collection of Information develop bridge resource management docket for inspection or copying where policy and procedures; (2) under § Under the Paperwork Reduction Act indicated under ADDRESSES. 157.420, develop vessel specific watch (44 U.S.C. 3501 et seq.), the Office of The additional operational policy and procedures; (3) under Management and Budget (OMB) reviews considerations required by this rule will § 157.430, complete an enhanced survey each rule that contains a collection-of- enhance navigation safety and thereby during each drydock examination (this information requirement to determine reduce the likelihood of an oil spill or information must also be provided to whether the practical value of the other environmental damage. the Coast Guard upon its request); (4) information is worth the burden Two comments specifically addressed under § 157.435, by vessel log entry or imposed by its collection. Collection-of- the issue of treating edible oils in the similar means on board the vessel, information requirements include same manner as petroleum oil in the record the results of each required vital reporting, recordkeeping, notification, Environmental Assessment. One systems survey; (5) under § 157.445(d), and other, similar requirements. comment stated that the Coast Guard This rule contains collection-of- post test results for maneuvering should exempt addressing animal fat, information requirements in the performance capability; (6) under vegetable oil, and other non-petroleum following sections: §§ 157.415, 157.420, § 157.450, post the standardized IMO oil carriers in the same manner as 157.430, 157,435, 157.445, 157.450, and maneuvering information in the petroleum oil in the regulation based on 157.455. The following particulars wheelhouse and complete a pilot card the provisions of the Edible Oil apply: before entering the port or place of Regulatory Reform Act (Pub. L. 104–55, DOT No.: 2115. destination and prior to getting 109 Stat. 546–547 [1995]). Another Administration: U.S. Coast Guard. underway; (7) under § 157.455, calculate comment supported extending these Title: Operational Measures to Reduce anticipated under-keel clearance before regulations to existing tank vessels Oil Spills From Existing Tank Vessels entering the port or place of destination carrying non-petroleum oils and Without Double Hulls and prior to getting underway. remarked that it is economically feasible Need For Information: Without Burden Estimate: 73,411 hours. and environmentally beneficial for these adequate operational measures on tank Respondents: 1,404. vessels to meet the operational vessels, the potential for spills as a Average Burden Hours Per requirements. The Coast Guard result of human error is greatly Respondent: 52.29. contends that bulk spills of animal fat, increased. This rule requires the Persons are not required to respond to vegetable oil, and other non-petroleum mariner to log or otherwise record a collection of information unless it oil can be damaging to the environment. information that is necessary for the safe displays a currently valid OMB control The Coast Guard has attempted to operation of the vessel including: (1) number. The Coast Guard has submitted balance environmental protection with a documentation for company the requirements to OMB for review recognition of the diverse requirements management and the Coast Guard to under section 3504(h) of the Paperwork called for by different substances, such ensure personnel are informed and Reduction Act, however, OMB approval as non-petroleum oils. These substances systems are being surveyed both has not been finalized. Individuals and are clearly harmful; and therefore, are frequently and thoroughly; (2) organizations may submit comments by regulated in a manner that recognizes accessibility to certain vessel specific August 29, 1996 on the information their differences from other more toxic maneuvering characteristics so that collection requirements in this final rule materials such as petroleum oils. personnel navigating the vessel have a and should direct them to the Executive Interpretations of statutes are governed quick reference to critical information; Secretary, Marine Safety Council as by legal decisions which have granted (3) documentation of a vessel’s indicated under ADDRESSES and to the agencies discretionary authority in areas command and control status to ensure a Office of Information and Regulatory committed to agency jurisdiction. The pilot receives accurate information prior Affairs, OMB, New Executive Office Coast Guard, as well as other agencies, to maneuvering evolutions; and (4) Bldg., room 10235, 725 17th St. NW., have exercised this discretion. For these notification to company management Washington, DC 20503, Attention: Desk reasons, the Coast Guard has (unless the company provides written Officer for DOT. The Coast Guard will determined that a discharge of animal guidance) of the vessel’s anticipated publish a notice in the Federal Register fat, vegetable oil, or other non- under-keel clearance so that the of OMB’s decision to approve, modify, petroleum oil from a tank vessel could 39788 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations reasonably be expected to cause harm to PART 157ÐRULES FOR THE 3. Section 157.02 is added to read as the environment. PROTECTION OF THE MARINE follows: As discussed in the Environmental ENVIRONMENT RELATING TO TANK § 157.02 Incorportion by reference. Assessment, this rulemaking is expected VESSELS CARRYING OIL IN BULK to have no significant effect on the (a) Certain material is incorporated by environment. 1. The authority citation for 33 CFR reference into this part with the part 157 is revised to read as follows: approval of the Director of the Federal List of Subjects Authority: 33 U.S.C. 1903; 46 U.S.C. 3703, Register under 5 U.S.C. 552(a) and 1 33 CFR Part 157 3703a (note); 49 CFR 1.46. Subparts G, H, and CFR part 51. To enforce any edition I are also issued under section 4115(b), Pub. Cargo vessels, Incorporation by other than that specified in paragraph L. 101–380, 104 Stat. 520; Pub. L. 104–55, (b) of this section, the Coast Guard must reference, Oil pollution, Reporting and 109 Stat. 546. recordkeeping requirements. publish notice of change in the Federal 2. Section 157.01(a)(2) is revised to Register; and the material must be 46 CFR Part 31 read as follows: available to the public. All approved material is available for inspection at Cargo vessels, Marine safety, § 157.01 Applicability. Reporting and recordkeeping the Office of the Federal Register, 800 requirements. (a) * * * North Capitol Street NW., suite 700, (2) Any other vessel that enters or Washington, DC, and at the U.S. Coast 46 CFR Part 35 operates in the navigable waters of the Guard, Office of Operating and Cargo vessels, Marine safety, United States, or that operates, conducts Environmental Standards (G–MSO), Navigation (water), Occupational safety ligtering under 46 U.S.C. 3715, or 2100 Second Street SW., Washington, and Health, Reporting and receives cargo from or transfers cargo to DC 20593–0001, and is available from recordkeeping requirements, Seaman. a deepwater port under 33 U.S.C. 1501 the sources indicated in paragraph (b) of For the reasons set out in the et seq., in the United States Exclusive this section. preamble, the Coast Guard amends 33 Economic Zone, as defined in 33 U.S.C. (b) The material approved for CFR part 157 and 46 CFR parts 31 and 2701(8). incorporation by reference in this part 35 as follows: * * * * * and the sections affected are as follows: International Maritime Organization (IMO)—4 Albert Embankment, London SE1 7SR, England. IMO Assembly Resolution A.601(15), Provision and Display of Manoeuvring Information on Board Ships, Annex sections 1.1, 2.3, 3.1, and 3.2 with appendices, adopted on 19 November 1987 ...... 157.450 IMO Assembly Resolution A.744(18), Guidelines on the Enhanced Programme of Inspections During Surveys of Bulk Car- riers and Oil Tankers, Annex B sections 1.1.3–1.1.4, 1.2–1.3, 2.1, 2.3–2.6, 3–8, Annexes 1–10 with appendices, adopted 4 November 1993 ...... 157.430 IMO Assembly Resolution A.751(18), Interim Standards for Ship Manoeuvrability, Annex sections 1.2, 2.3–2.4, 3–4.2, and 5, adopted 4 November 1993 with Explanatory Notes in MSC/Circ. 644 dated 6 June 1994 ...... 157.445 Oil Companies International Marine Forum (OCIMF)—15th Floor, 96 Victoria Street, London, SW1E 5JW, England. International Safety Guide for Oil Tankers and Terminals, Fourth Edition, Chapters 6, 7, and 10, 1996 ...... 157.435

4. In § 157.03, the following or maneuvering the vessel and for Subpart GÐStructural And Operational definitions are added in alphabetical maintaining a continuous vigilant watch Measures For Certain Tank Vessels order to read as follows: during his or her periods of duty and Without Double Hulls Carrying following guidance set out by the Petroleum Oils § 157.03 Definitions. master, international or national * * * * * regulations, and company policies. 6. Section 157.400 is revised to read Animal fat means a non-petroleum * * * * * as follows: oil, fat, or grease derived from animals Other non-petroleum oil means an oil § 157.400 Purpose and applicability. and not specifically identified of any kind that is not petroleum oil, an elsewhere in this part. animal fat, or a vegetable oil. (a) The purpose of this subpart is to * * * * * * * * * * establish mandatory safety and Fleeting or assist towing vessel means Petroleum oil means petroleum in any operational requirements to reduce any commercial vessel engaged in form including crude oil, fuel oil, environmental damage resulting from towing astern, alongside, or pushing mineral oil, sludge, oil refuse, and petroleum oil spills. ahead, used solely within a limited refined products. (b) This subpart applies to each tank geographic area, such as a particular Primary towing vessel means any vessel specified in § 157.01 of this part barge fleeting area or commercial vessel engaged in towing astern, that— facility, and used solely for restricted alongside, or pushing ahead and (1) Is 5,000 gross tons or more; service, such as making up or breaking includes the tug in an integrated tug up larger tows. barge. It does not include fleeting or (2) Carries petroleum oil in bulk as * * * * * assist towing vessels. cargo or cargo residue; and Non-petroleum oil means oil of any * * * * * (3) Is not equipped with a double hull kind that is not petroleum-based. It Vegetable oil means a non-petroleum meeting § 157.10d of this part, or an includes, but is not limited to, animal oil or fat not specifically identified equivalent to the requirements of fat and vegetable oil. elsewhere in this part that is derived § 157.10d, but required to be equipped * * * * * from plant seeds, nuts, kernels, or fruits. with a double hull at a date set forth in Officer in charge of a navigational * * * * * 46 U.S.C. 3703a (b)(3) and (c)(3). watch means any officer employed or 5. The subpart heading of subpart G 7. Section 157.410(c) is revised to engaged to be responsible for navigating is revised to read as follows: read as follows: Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39789

§ 157.410 Emergency lightering information and making it conveniently as specified in paragraph (a) of this requirements for tank vessels. available to other members of the section. * * * * * navigational watch and the pilot, as 10. Section 157.430 is added to read (c) Reducers, bolts, and gaskets must necessary to perform their duties. as follows: meet the requirements of 46 CFR (12) The need to ensure that subpart 56.25. Cast iron and malleable nonessential materials are not placed on § 157.430 Enhanced survey requirements. iron must not be used. the bridge. Beginning at each tank vessel’s next 8. Section 157.415 is added to read as (13) The need to ensure that members regularly scheduled drydock follows: of the navigational watch are prepared examination and continuing as required to respond at all times efficiently and under 46 CFR part 31, or, for each § 157.415 Bridge resource management effectively to changes in circumstances. foreign flagged tank vessel, beginning at policy and procedures. (b) Beginning not later than February the next drydock and continuing as (a) Not later than February 1, 1997, a 1, 1997, a tank barge owner or operator required under the foreign vessel’s flag tankship owner or operator shall shall not permit the barge to be towed administration, a tank vessel owner or provide written policy and procedures unless those individuals assigned to operator shall— to masters and officers in charge of the duties that are similar to the duties of (a) Implement an enhanced survey navigational watch concerning the need the officer in charge of a navigational program that complies with the for continuously reassessing how watch on the primary towing vessel standards of IMO Resolution A.744(18), bridge-watch resources are being have been provided written bridge Annex B sections 1.1.3–1.1.4, 1.2–1.3, allocated and used, based on bridge resource management policy and 2.1, 2.3–2.6, 3–8, and Annexes 1–10 resource management principles. This procedures as specified in paragraph (a) with appendices; written policy and procedures must of this section. (b) Implement a vessel specific survey include vessel and crew specific 9. Section 157.420 is added to read as program that provides a level of examples that address the following: follows: protection equivalent to the (1) The number of qualified requirements in paragraph (a)(1) of this individuals that should be on watch to § 157.420 Vessel specific watch policy and section and is approved by the ensure that all duties can be performed procedures. Commandant (G–MOC). A written effectively. (a) Not later than February 1, 1997, request for program equivalency under (2) The appropriate qualifications of the owner or operator of a tankship shall this paragraph must be submitted to the all members of the navigational watch, provide written policy and procedures Commandant (G–MOC); or the importance of confirming that all to masters concerning the need for each (c) For a tankship of less than 20,000 members of the watch are fit for duty, individual who is newly employed on deadweight tons (dwt) carrying crude and the need to ensure that all members board the vessel to have a reasonable oil, a tankship of less than 30,000 dwt of the navigational watch are not opportunity to become familiar with the carrying product, or a tank barge, impaired by fatigue. shipboard equipment, operating implement an enhanced survey program (3) The need to take into account any procedures, and other arrangements that— known limitation in qualifications or needed for the proper performance of (1) Includes oversight of the program fitness of individuals when making their duties, before being assigned to by the Coast Guard, the vessel’s flag navigational and operational decisions. such duties. This written policy and administration, an authorized (4) The need to be clear and procedures shall be followed by the classification society as described in unambiguous in assigning duties and master and shall include the following: § 157.04 of this part, or a licensed the need to establish that the individual (1) Allocation of a reasonable and professional engineer; understands his or her responsibilities. appropriate time period for each newly (2) Has the frequency of survey which (5) The need to perform tasks in a employed individual to allow him or is no less than the inspections required clear order of priority and to adjust the her the opportunity to become by 46 CFR subpart 31.10; priority of tasks as circumstances may acquainted with the following: (3) Has survey scope and require. (i) The specific equipment the recordkeeping requirements that are (6) The importance of assigning and individual will be using or operating; comparable to the requirements of reassigning members of the watch to and paragraph (a)(1) of this section; and locations where they can perform their (ii) The vessel specific watchkeeping, (4) Includes keeping a copy of the duties most effectively. safety, environmental protection, and most recent survey on board the vessel (7) Conditions that warrant task emergency procedures and or, upon request by the Coast Guard, reassignment among members of the arrangements the individual needs to making the surveys available within 24 watch. know to perform the assigned duties hours for examination. (8) The instruments and equipment properly. 11. Section 157.435 is added to read necessary for the effective performance (2) Designation of a knowledgeable as follows: of each task and appropriate actions if crew member who will be responsible the instruments and equipment are not for ensuring that an opportunity is § 157.435 Vital systems surveys. available or not functioning properly. provided to each newly employed (a) A tank vessel owner or operator (9) The need for, and examples of, individual to receive essential shall ensure that surveys of the clear, immediate, reliable, and relevant information in a language the individual following system are conducted: communication among members of the understands. (1) Cargo systems. The survey must navigational watch. (b) Beginning not later than February include the examination and testing of (10) The action to be taken to 1, 1997, a tank barge owner or operator the items listed in chapters 6, 7, and 10 suppress, remove, and avoid shall not permit the barge to be towed of the International Safety Guide for Oil nonessential activity and distractions on unless those individuals assigned to Tankers and Terminals, if applicable, the bridge. duties as master or operator on the prior to cargo transfer operations. (11) The importance of collecting, primary towing vessel have been (2) Mooring systems. The survey must processing, and interpreting all essential provided written policy and procedures include a visual examination of the 39790 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations emergency towline, the anchor releasing control systems, control surfaces, (3) The anticipated under-keel mechanism, and mooring lines prior to propulsion system, or other areas which clearance must be calculated by entering the port or place of destination, may be expected to alter maneuvering subtracting the tankship’s deepest if weather permits, or prior to getting performance, the tankship owner or navigational draft from the anticipated underway. operator shall ensure that new controlling depth. The tankship’s (b) Surveys must be conducted by maneuvering tests are conducted as calculated deepest navigational draft, company management personnel, required by paragraph (a) of this section. anticipated controlling depth, and the company designated individuals, or (c) If a tankship is one of a class of calculated anticipated under-keel vessel officers knowledgeable about the vessels with identical propulsion, clearance must be recorded in the equipment operating parameters and steering, hydrodynamic, and other tankship’s log or in other onboard having the authority, capability, and relevant design characteristics, documentation. responsibility to initiate corrective maneuvering performance test results (4) The tankship shall discuss with action when the equipment is not for any tankship in the class may be the pilot the anticipated under-keel functioning properly. used to satisfy the requirements of clearance calculation and its possible (c) The results of the survey required paragraph (a) of this section. impact on the tankship’s planned in paragraph (a) of this section, (d) The tankship owner or operator transit. including the material condition of each shall ensure that the performance test (5) The tankship master shall— system, must be recorded in the tank results, recorded in the format of (i) Inform the tankship owner or vessel’s deck log or other onboard Appendix 6 of the Explanatory Notes in operator of the calculated anticipated documentation. MSC/Circ.644, are prominently under-keel clearance, unless the owner 12. Section 157.440 is added to read displayed in the wheelhouse. or operator has provided the master as follows: (e) Prior to entering the port or place with written port specific under-keel of destination and prior to getting clearance guidance. § 157.440 Autopilot alarm or indicator. underway, the tankship master shall (ii) Record the communication with the owner or operator in the tankship’s (a) A tankship owner or operator shall discuss the results of the performance log or other documentation, if there is ensure that each installed autopilot unit tests with the pilot while reviewing the no written port specific under-keel without automatic manual override has anticipated transit and the possible clearance guidance provided by the an audible and visual alarm, which is impact of the tankship’s maneuvering owner or operator. distinct from other required bridge capability on the transit. alarms, that will activate if the helm is (6) Having been informed by the 14. Section 157.450 is added to read master of the anticipated under-keel manually moved while the autopilot is as follows: engaged. clearance, the owner or operator shall (b) A tank barge owner or operator § 157.450 Maneuvering and vessel status not allow the tankship to proceed if the shall ensure that each autopilot unit information. tankship’s transit would not be prudent without automatic manual override A tankship owner, master, or operator considering, but not limited to, the installed on the primary towing vessel shall comply with IMO Resolution anticipated under-keel clearance, any has a means to clearly indicate the A.601(15), Annex sections 1.1, 2.3, 3.1, COTP under-keel clearance guidance, autopilot status and warns personnel of and 3.2, with appendices. and the pilot’s recommended clearance. (b) The owner or operator of a tank the requirement to disengage the 15. Section 157.455 is added to read barge, that is not fitted with a double autopilot if positive rudder control is as follows: bottom that covers the entire cargo tank needed. § 157.455 Minimum under-keel clearance. length, shall not permit the barge to be 13. Section 157.445 is added to read towed unless the primary towing vessel as follows: (a) Prior to entering the port or place of destination and prior to getting master or operator has been provided § 157.445 Maneuvering performance underway, the master of a tankship that with written port specific under-keel capability. is not fitted with a double bottom that clearance guidance that includes— (a) A tankship owner or operator shall covers the entire cargo tank length shall (1) Port specific minimum under-keel ensure that maneuvering tests in meet the following requirements: clearance requirements; accordance with IMO Resolution (1) The tankship’s deepest (2) Factors to consider when A.751(18), section 1.2, 2.3–2.4, 3–4.2, navigational draft must be calculated calculating the tank barge’s deepest and 5 (with Explanatory Notes in MSC/ and include— navigational draft; (3) Factors to consider when Circ.644) have been conducted by July (i) The mean draft; calculating the anticipated controlling 29, 1997. Completion of maneuvering (ii) The trim and list characteristics; depth; performance tests must be shown by— and (4) Consideration of port specific (1) For a foreign flag tankship, a letter (iii) The intended transit speed and weather or environmental conditions; from the flag administration or an the corresponding squat characteristics, and authorized classification society, as if known. (5) Conditions which mandate when described in § 157.04 of this part, stating (2) The anticipated controlling depth the tank barge owner or operator shall the requirements in paragraph (a) of this must be calculated and include— be contacted prior to port entry or section have been met; or (i) Tide and current conditions; getting underway; if no such conditions (2) For a U.S. flag tankship, results (ii) Present sea state conditions; exist, the guidance must contain a (iii) Past weather impact on water from the vessel owner confirming the statement to that effect. completion of the tests or a letter from depth; 16. Section 157.460 is added to read an authorized classification society, as (iv) The depth at the facility or as follows: described in § 157.04 of this part, stating anchorage; and the requirements in paragraph (a) of this (v) The depth of the transit area found § 157.460 Additional operational section have been met. in the publication and chart materials requirements for tank barges. (b) If a tankship undergoes a major required to be on board the tankship by (a) Emergency steering capability. The conversion or alteration affecting the 33 CFR part 164. owner or operator of each tank barge Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39791 shall not permit the barge to be towed operational requirements to reduce (b) This subpart applies to each tank unless, by November 27, 1997, the environmental damage resulting from vessel specified in § 157.01 of this part primary towing vessel has— the discharge of animal fat or vegetable that— (1) A steering gear system with a main oil. (1) Is 5,000 gross tons or more; power unit, an alternative power unit, (b) This subpart applies to each tank and two remote steering gear control vessel specified in § 157.01 of this part (2) Carries other non-petroleum oil in systems, except that separate steering that— bulk as cargo or cargo residue; and wheels or steering levers are not (1) Is 5,000 gross tons or more; (3) Is not equipped with a double hull required. The steering gear control (2) Carries animal fat or vegetable oil meeting § 157.10d of this part, or an systems must be arranged so that if the in bulk as cargo or cargo residue; and equivalent to the requirements of system in operation fails, the other (3) Is not equipped with a double hull § 157.10d, but required to be equipped system can be brought into immediate meeting § 157.10d of this part, or an with a double hull at a date set forth in operation from a position on the equivalent to the requirements of navigating bridge; or 46 U.S.C. 3703a (b)(3) and (c)(3). § 157.10d, but required to be equipped (2) Twin screw propulsion with with a double hull at a date set forth in § 157.610 Operational measures. separate control systems for each propeller. 46 U.S.C. 3703a (b)(3) and (c)(3). An owner or operator of a tank vessel (b) Fendering system An owner or § 157.510 Operational measures. that carries other non-petroleum oil in operator of a tank barge shall not permit bulk as cargo or cargo residue shall An owner or operator of a tank vessel the barge to be towed unless the primary comply with the requirements in all that carries animal fat or vegetable oil in towing vessel and any fleeting or assist sections of subpart G of this part. bulk as cargo or cargo residue shall towing vessels have a fendering system comply with the requirements in all that is of substantial size and PART 31ÐINSPECTION AND sections of subpart G of this part. composition to prevent metal to metal CERTIFICATION contact between the towing vessel and 18. Subpart I, consisting of §§ 157.600 the barge during maneuvering and 157.610, is added to read as follows: 19. The authority citation for 46 CFR operations. Subpart IÐStructural and Operational part 31 continues to read as follows: 17. Subpart H, consisting of Measures for Certain Tank Vessels Without Authority: 33 U.S.C. 1321(j); 46 U.S.C. §§ 157.500 and 157.510, is added to read Double Hulls Carrying Other Non-Petroleum 2103, 3306, 3703; 49 U.S.C. 5103, 5106; E.O. as follows: Oil 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. Sec. Subpart HÐStructural and Operational 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 157.600 Purpose and applicability. Measures for Certain Tank Vessels Without Comp., p. 351; 49 CFR 1.46. Section 31.10– 157.610 Operational measures. Double Hulls Carrying Animal Fat or 21a also issued under the authority of Sect. Vegetable Oil Subpart IÐStructural and Operational 4109, Pub. L. 101–380, 104 Stat. 515. Sec. Measures for Certain Tank Vessels 157.500 Purpose and applicability. Without Double Hulls Carrying Other 20. In § 31.10–21, table (a) is revised 157.510 Operational measures. Non-Petroleum Oil to read as follows: Subpart HÐStructural and Operational BILLING CODE 4910±14±M § 157.600 Purpose and applicability. Measures for Certain Tank Vessels Without Double Hulls Carrying Animal (a) The purpose of this subpart is to Fat or Vegetable Oil establish mandatory safety and operational requirements to reduce § 157.500 Purpose and applicability. environmental damage resulting from (a) The purpose of this subpart is to the discharge of other non-petroleum establish mandatory safety and oil. 39792 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39793

21. In § 31.10–21, table (b) is revised to read as follows:

BILLING CODE 4910±14±C 39794 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

PART 35±OPERATIONS 22. The authority citation for 46 CFR part 35 continues to read as follows: Authority 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 DRR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46. 23. Section 35.01–40(c) is revised to read as follows: § 35.01±140 Prevention of oil pollutionÐ TB/ALL. * * * * * (c) 33 CFR parts 151, 155, 156, 157, and 164. Dated: July 24, 1996. R.D. Herr, Vice Admiral, U.S. Coast Guard, Acting Commandant. [FR Doc. 96–19236 Filed 7–25–96; 11:16 am] BILLING CODE 4910±14±M federal register July 30,1996 Tuesday Audit Determinations;Notice Recovered asaResultofTwoFinal Board forVocationalEducationFunds Intent ToRepaytheColoradoState Office ofVocationalandAdultEducation; Education Department of Part V 39795 39796 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

DEPARTMENT OF EDUCATION the Department recovered $87,500 from that program and, to the extent possible, Colorado in full resolution of all claims for the benefit of the population that Office of Vocational and Adult arising from audits of Colorado covering was affected by the failure to comply or Education; Intent To Repay the FYs 1985 and 1986. by the misexpenditures that resulted in Colorado State Board for Vocational The Department’s original claims of the recovery of funds; and Education Funds Recovered as a $538,930.30 (ACN: 08–72109 (FY 1985)) (3) Use of the funds, in accordance Result of Two Final Audit and $395,085.10 (ACN: 08–82000 (FY with that plan, would serve to achieve Determinations 1986)) were contained in final letters of the purposes of the program under determination issued by the Assistant which the funds were originally AGENCY: Department of Education. Secretary for Vocational and Adult granted. ACTION: Notice of intent to award Education on August 31, 1989 and June C. Plan for Use of Funds Awarded grantback funds. 28, 1990 respectively. These claims Under a Grantback Arrangement arose from findings related to Colorado’s SUMMARY: Under section 459 of the administration of its vocational Pursuant to section 459(a)(2) of GEPA, General Education Provisions Act education program under the provisions Colorado has applied for a grantback of (GEPA), 20 U.S.C. 1234h, the U.S. of the Carl D. Perkins Vocational $65,625, or 75 percent, of the $87,500 Secretary of Education (Secretary) Education Act. 20 U.S.C. 2301 et seq. repaid to the Department under the intends to repay to the Colorado (1988) (Perkins I). settlement agreement, and has Community College and Occupational In both the August 31, 1989 and June submitted a plan for use of the proposed Education System (Colorado), under a 28, 1990 letters, the Assistant Secretary grantback funds, consistent with the grantback arrangement, an amount equal determined that, among other things, Carl D. Perkins Vocational and Applied to 75 percent of the principal amount of Colorado violated the Federal Technology Education Act (Perkins II), funds recovered by the U.S. Department regulations governing payroll which is the successor statute to Perkins of Education (Department) as a result of expenditures and maintenance of time I and is currently in effect. Colorado final audit determinations (ACNs: 08– distribution records. For the applicable plans to purchase curriculum materials 72109 and 08–82000). The Department’s programs, Colorado improperly that will support the integration of recovery of funds followed a settlement allocated payroll expenditures based on academic and vocational education. reached between the parties under predetermined budgets and failed to Specifically, Colorado plans to utilize which Colorado refunded $87,500 to the maintain appropriate time distribution the requested grantback funds, totaling Department in full resolution of the records for employees who worked on $65,625 to— Department’s final audit determinations more than one cost objective, thus (1) Purchase an applied economics for fiscal years (FYs) 1985 and 1986. violating provisions of the cost curriculum package entitled Workplace This notice describes Colorado’s plan principles implemented at 34 CFR Part Economics from the Agency for for the use of the repaid funds and the 74, Appendix C, II, B., 10., b (1985). Instructional Technology (AIT). The terms and conditions under which the The settlement negotiations resulting package will contain: instructional Secretary intends to make those funds from Colorado’s appeal of the Assistant videodiscs; instructional video available. This notice invites comments Secretary’s August 31, 1989 and June cassettes, including a teacher training on the proposed grantback. 28, 1990 determinations culminated in video and a teleconference video; DATE: All comments must be received a single settlement agreement for a total student, teacher, and workshop resource on or before August 29, 1996. repayment of $87,500. The settlement guidebooks; computer software; duplication licenses for the right to copy ADDRESSES: All written comments agreement was executed on March 28, video cassettes and computer software; should be addressed to Dr. Marcel R. 1994. The Department received full preferred pricing for additional copies DuVall, Chief, Finance Branch, Division payment for the determinations on of instructional materials; pre-paid of Vocational-Technical Education, March 29, 1994. travel and accommodations for two Office of Vocational and Adult B. Authority for Awarding a Grantback Colorado representatives to attend an Education, U.S. Department of AIT National Consortium Meeting; one Education, 600 Independence Avenue Section 459(a) of GEPA, 20 U.S.C. pre-paid site registration for the North S.W., Mary E. Switzer Building, Room 1234(h), provides that whenever the American Teleconference held for 4320, MS–7324, Washington, D.C. Secretary has recovered funds following teacher trainers and curriculum 20202. a final audit determination with respect to any applicable program, the Secretary coordinators across North America; and FOR FURTHER INFORMATION CONTACT: Dr. may consider those funds to be four pre-paid individual registrations to Marcel R. DuVall, U.S. Department of additional funds available for the attend the Workplace Economics Education, 600 Independence Avenue program and may arrange to repay, to Education Institutes ($22,226); S.W., Mary E. Switzer Building, Room the State or local educational agency (2) Purchase a Workplace Readiness 4320, MS–7324, Washington, D.C. (LEA) affected by that determination, an curriculum package, entitled Workplace 20202, telephone: (202) 205–9502. amount not to exceed 75 percent of the Readiness: Education for Employment Individuals who use a recovered funds. The Secretary may from AIT, that teaches skills such as telecommunications device for the deaf enter into this grantback arrangement if problem solving, teamwork, and goal (TDD) may call the Federal Information the Secretary determines that the— setting. The curriculum is designed Relay Service (FIRS) at 1–800–877–8339 (1) Practices or procedures of the primarily for secondary vocational between 8 a.m. and 8 p.m., Eastern time, recipient that resulted in the violation education students but may be utilized Monday through Friday. Internet for post-secondary students as well. The l have been corrected, and that the address: Marcel [email protected]. recipient is, in all other respects, in package will contain: one master set of SUPPLEMENTARY INFORMATION compliance with the requirements of the project materials that includes applicable program; instructional video programs for both A. Background (2) Recipient has submitted to the instructors and students; computer Under a settlement agreement Secretary a plan for the use of those software; instructional videodiscs; between the Department and Colorado, funds pursuant to the requirements of printed materials; and unlimited, Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39797 unrestricted rights to duplicate course D. The Secretary’s Determination to comply with the following terms and materials for distribution to LEAs The Secretary has carefully reviewed conditions under which payment under ($31,399); and the plan, amendment, and other a grantback arrangement would be (3) Purchase an applied mathematics relevant documentation submitted by made: curriculum package entitled Applied Colorado. Based upon that review, the (1) The funds awarded under the Geometry from the Center for Secretary has determined that the grantback must be spent in accordance Occupational Research and conditions under section 459 of GEPA with— Development (CORD). This package will have been met. augment Applied Math I and Applied This determination is based upon the (a) All applicable statutory and Math II, two other CORD curriculum best information available to the regulatory requirements; packages which the State has purchased Secretary at the present time. If this (b) The plan that was submitted and and which are currently in use by a information is not accurate or complete, any amendments in that plan that are large number of the State’s LEAs. the Secretary is not precluded from approved in advance by the Secretary; Applied Geometry will enhance the taking appropriate administrative action and geometry-related concepts contained in at a later date. In finding that the (c) The budget that was submitted Applied Math II by focusing greater conditions of section 459 of GEPA have with the plan and any amendments to attention on the areas of logic, spatial been met, the Secretary makes no the budget that are approved in advance visualization, coordinate geometry, and determination concerning any pending by the Secretary. transformations (geometric operations audit recommendations or final audit and congruity). These four units will determinations. (2) All funds received under the enhance the algebra and geometry grantback arrangement must be E. Notice of the Secretary’s Intent To obligated by September 30, 1997, in content of vocationally focused Enter Into a Grantback Arrangement mathematics courses currently offered accordance with section 459(c) of GEPA by the State. The curriculum package Section 459(d) of GEPA requires that, and Colorado’s plan. will contain: an introductory at least 30 days before entering into an (3) Colorado will, no later than motivational video that demonstrates arrangement to award funds under a December 30, 1997, submit a report to how the curriculum relates to the world grantback, the Secretary must publish in the Secretary which— of work; student texts that use ‘‘real the Federal Register a notice of intent to do so, and the terms and conditions (a) Indicates that the funds awarded world’’ examples and activities that under the grantback have been spent in facilitate understanding of the under which the payment will be made. In accordance with section 459(d) of accordance with the proposed plan and mathematical concepts being taught; GEPA, notice is hereby given that the approved budget; and and a selection of three hands-on Secretary intends to make funds laboratories that use measuring (b) Describes the results and available to the Colorado State Board for equipment in applications relevant to effectiveness of the project for which the Community Colleges and Occupational the mathematic concepts ($12,000). funds were spent. Education under a grantback Colorado plans to disseminate copies arrangement. The grantback award (4) Separate accounting records must of each of the above curriculum would be in the amount of $65,625, be maintained documenting the programs to its LEAs at a low cost, which is 75 percent—the maximum expenditures of funds awarded under allowing LEAs that could not otherwise percentage authorized by the statute—of the grantback arrangement. afford to purchase the curriculum to do the principal recovered to date by the (Catalog of Federal Domestic Assistance so. Large numbers of vocational Department as a result of the final audit Number 84.048, Basic State Grants for education students will benefit from determinations and the settlement in Vocational Education) these curriculum programs, advancing this matter. Dated: July 23, 1996. the quality of programs delivered by, and coordinated throughout, the F. Terms and Conditions Under Which Patricia W. McNeil, secondary and post-secondary State Payments Under a Grantback Assistant Secretary for Vocational and Adult system, resulting in Statewide benefit to Arrangement Would Be Made Education. vocational education, and maximizing Colorado Community College and [FR Doc. 96–19273 Filed 7–29–96; 8:45 am] the impact of the grantback funds. Occupational Education System agrees BILLING CODE 4000±01±P federal register July 30,1996 Tuesday and Notice Average CostofIncarceration;FinalRule Restraints; AnnualDeterminationof Use ofForceandApplication 28 CFRPart552 Bureau ofPrisons Justice Department of Part VI 39799 39800 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations

DEPARTMENT OF JUSTICE opening sentence of paragraph (g) of the SUBCHAPTER CÐINSTITUTIONAL section is amended for stylistic reasons. MANAGEMENT Bureau of Prisons In § 552.24, the introductory paragraph PART 552ÐCUSTODY is amended to clarify that the 28 CFR Part 552 determination on the use of four-point 1. The authority citation for 28 CFR [BOP±1053±F] restraints is made by the Warden. part 552 continues to read as follows: RIN 1120±AA41 Paragraph (a) of the section is revised to Authority: 5 U.S.C. 301; 18 U.S.C. 3621, include further paragraph designations 3622, 3624, 4001, 4042, 4081, 4082 (Repealed Use of Force and Application of (1) and (2) for the sake of clarity. Section in part as to offenses committed on or after Restraints 552.26 and paragraphs (f) and (g) of November 1, 1987), 5006–5024 (Repealed § 552.24 are revised to remove October 12, 1984 as to offenses committed AGENCY: Bureau of Prisons, Justice. after that date), 5039; 28 U.S.C. 509, 510; 28 unnecessary passive constructions and ACTION: CFR 0.95–0.99. Final rule. to revise staff nomenclature (‘‘qualified 2. In § 552.20, the last sentence of the SUMMARY: In this document, the Bureau health personnel’’ rather than ‘‘medical introductory text and paragraphs (a) of Prisons is amending its rule on Use staff’’). through (e) are revised to read as follows of Force and Application of Restraints to Because these changes either are (the concluding text to the section require staff checks on inmates in four- administrative or editorial in nature, or remains unchanged): point restraints at least every 15 provide for the continued safety and minutes. Additional changes have been well-being of inmates and do not § 552.20 Purpose and scope. made for clarification or for editorial impose further restrictions on inmates, *** Staff are authorized to apply purposes. This amendment is intended the Bureau finds good cause for physical restraints necessary to gain to provide for the continued security exempting the provisions of the control of an inmate who appears to be and good order of the institution and the Administrative Procedure Act (5 U.S.C. dangerous because the inmate: safety and well-being of inmates. 553) requiring notice of proposed (a) Assaults another individual; EFFECTIVE DATE: July 30, 1996. rulemaking, the opportunity for public (b) Destroys government property; ADDRESSES: Office of General Counsel, comment, and delay in effective date. (c) Attempts suicide; (d) Inflicts injury upon self; or Bureau of Prisons, HOLC Room 754, 320 Members of the public may submit First Street, NW., Washington, DC (e) Becomes violent or displays signs comments concerning this rule by of imminent violence. 20534. writing to the previously cited address. * * * * * FOR FURTHER INFORMATION CONTACT: Roy These comments will be considered but Nanovic, Office of General Counsel, will receive no response in the Federal § 552.21 [Amended] Bureau of Prisons, phone (202) 514– Register. The Bureau of Prisons has 6655. 3. In § 552.21, paragraph (d) is determined that this rule is not a amended by revising the phrase ‘‘with SUPPLEMENTARY INFORMATION: The significant regulatory action for the correctional experience’’ to read ‘‘using Bureau of Prisons is amending its rule purpose of E.O. 12866, and accordingly sound correctional judgment’’. on Use of Force and Application of this rule was not reviewed by the Office 4. In § 552.22, paragraph (g) is Restraints (28 CFR 552, subpart C, of Management and Budget pursuant to amended by revising the opening phrase which was published in the Federal E.O. 12866. After review of the law and ‘‘Except where’’ to read ‘‘Except when’’ Register May 17, 1989 (54 FR 21394) regulations, the Director, Bureau of and paragraph (c) is revised to read as and amended June 13, 1994 (59 FR Prisons has certified that this rule, for follows: 30468). In accordance with revised American the purpose of the Regulatory Flexibility § 552.22 Principles governing the use of Correctional Association standards, the Act (5 U.S.C. 601 et seq.), does not have force and application of restraints. Bureau is increasing the frequency to at a significant economic impact on a * * * * * least every 15 minutes for staff substantial number of small entities, (c) Staff shall use only that amount of monitoring of an inmate in four-point within the meaning of the Act. Because force necessary to gain control of the restraints. Previously, staff were this rule pertains to the correctional inmate. Situations when an appropriate required to check the inmate at least management of offenders committed to amount of force may be warranted every 30 minutes (see former the custody of the Attorney General or include, but are not limited to: § 552.24(d)). Additional changes to the the Director of the Bureau of Prisons, its (1) Defense or protection of self or Bureau’s regulations being made for economic impact is limited to the others; clarification or editorial purposes are Bureau’s appropriated funds. (2) Enforcement of institutional described below. regulations; and Section 552.20 is amended to reduce List of Subjects in 28 CFR Part 552 (3) The prevention of a crime or repetitious use of ‘‘inmate‘‘ in Prisoners. apprehension of one who has paragraphs (a) through (e). Section committed a crime. Kathleen M. Hawk, 552.21 is amended to include the phrase * * * * * Director, Bureau of Prisons. ‘‘using sound correctional judgment’’ as 5. In § 552.24, the introductory text a qualifier rather than the previous Accordingly, pursuant to the and paragraphs (a), (f) and (g) are phrase ‘‘with correctional experience’’. rulemaking authority vested in the revised, and paragraph (d) is amended The revised phrase more accurately Attorney General in 5 U.S.C. 552(a) and by revising the first sentence to read as describes the qualitative nature of the follows: standard and is used more consistently delegated to the Director, Bureau of in the Bureau’s regulations. In § 552.22, Prisons in 28 CFR 0.96(p), 28 CFR part § 552.24 Use of four-point restraints. paragraph (c) is amended to include 552 is amended as follows: When the Warden determines that further paragraph designations (1) four-point restraints are the only means through (3) for the sake of clarity; the available to obtain and maintain control Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Rules and Regulations 39801 over an inmate, the following restrained, qualified health personnel seek such assistance at the onset of the procedures must be followed: ordinarily are to visit the inmate at least violent behavior. In calculated use of (a) Soft restraints (e.g., vinyl) must be twice during each eight hour shift. Use force situations, the use of force team used to restrain an inmate, unless: of four-point restraints beyond eight leader shall seek the guidance of (1) Such restraints previously have hours requires the supervision of qualified health personnel (based upon proven ineffective with respect to that qualified health personnel. Mental a review of the inmate’s medical record) inmate, or health and qualified health personnel to identify physical or mental problems. (2) Such restraints are proven may be asked for advice regarding the When mental health staff or qualified ineffective during the initial application appropriate time for removal of the health personnel determine that an procedure. restraints. inmate requires continuing care, and * * * * * (g) When it is necessary to restrain an particularly when the inmate to be (d) Staff shall check the inmate at inmate for longer than eight hours, the restrained is pregnant, the deciding staff least every 15 minutes, both to ensure Warden (or designee) or institution shall assume responsibility for the that the restraints are not hampering administrative duty officer shall notify inmate’s care, to include possible circulation and for the general welfare the Regional Director or Regional Duty admission to the institution hospital, or, of the inmate. *** Officer by telephone. in the case of a pregnant inmate, 6. Section 552.26 is revised to read as restraining her in other than face down * * * * * follows: four-point restraints. (f) When the inmate is placed in four- (b) After any use of force or forcible point restraints, qualified health § 552.26 Medical attention in use of force application of restraints, the inmate personnel shall initially assess the and application of restraints incidents. shall be examined by qualified health inmate to ensure appropriate breathing (a) In immediate use of force personnel, and any injuries noted, and response (physical or verbal). Staff situations, staff shall seek the assistance immediately treated. shall also ensure that the restraints have of mental health or qualified health not restricted or impaired the inmate’s personnel upon gaining physical control [FR Doc. 96–19260 Filed 7–29–96; 8:45 am] circulation. When inmates are so of the inmate. When possible, staff shall BILLING CODE 4410±05±P 39802 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

DEPARTMENT OF JUSTICE ADDRESSES: Office of General Counsel, the number of inmate-days incurred for HOLC 754, Federal Bureau of Prisons, preceding fiscal year, and then by Bureau of Prisons 320 First St., NW., Washington, DC multiplying the quotient by 365. 20405. Annual Determination of Average Cost Pursuant to § 505.2(b), the Director of FOR FURTHER INFORMATION CONTACT: Roy of Incarceration the Bureau of Prisons has reviewed the Nanovic, phone (202) 514–6655. amount of the fee and has determined AGENCY: Bureau of Prisons, Justice. SUPPLEMENTARY INFORMATION: Provisions that, for fiscal year 1996, the fee to cover in 28 CFR part 505 allow for the ACTION: Notice. the cost of incarceration for Federal assessment and collection of a fee to inmates is $22,922. cover the cost of incarceration for SUMMARY: For fiscal year 1996, the fee to Federal inmates. This fee is calculated Kathleen M. Hawk, cover the cost of incarceration for by dividing the number representing the Director, Bureau of Prisons. Federal inmates is $22,922. obligation encountered in Bureau [FR Doc. 96–19261 Filed 7–29–96; 8:45 am] EFFECTIVE DATE: July 30, 1996. facilities (excluding activation costs) by BILLING CODE 4410±05±P federal register July 30,1996 Tuesday Rule Works PretreatmentPrograms;Proposed Approved PubliclyOwnedTreatment Streamlined ProceduresforModifying 40 CFRParts403 Protection Agency Environmental Part VII 39803 39804 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules

ENVIRONMENTAL PROTECTION Management (OWM), Permits Division B. Existing § 403.18 Program Modification AGENCY (4203), 401 M Street, S.W., Washington, Requirements D.C. 20460, (202) 260–6814. C. Concerns With Existing Procedures D. EPA Straw Proposal 40 CFR Part 403 SUPPLEMENTARY INFORMATION: II. Description of Proposed Rule [FRL±5541±4] A. Types of Modifications Considered Electronic Submission of Comments Substantial RIN 2040±AC57 As EPA is experimenting with B. Public Notice Procedures for Substantial Modifications Streamlined Procedures for Modifying electronic commenting, commenters C. Procedures for Non-substantial Approved Publicly Owned Treatment may want to submit both electronic Modifications Works Pretreatment Programs comments and duplicate paper D. Time for Review of Non-substantial comments. Electronic comments must Modifications AGENCY: Environmental Protection be submitted as an ASCII file avoiding E. Changes to Industrial User Inventory Agency (EPA). the use of special characters and any III. Regulatory Requirements ACTION: Proposed rule. form of encryption. Electronic A. Executive Order 12866 comments will be transferred into a B. Executive Order 12875 SUMMARY: C. Regulatory Flexibility Act EPA is today proposing to paper version for the official record. revise the procedures for modifying the D. Paperwork Reduction Act EPA will attempt to clarify electronic E. Unfunded Mandates Reform Act requirements of approved Publicly comments if there is an apparent error Owned Treatment Works (POTW) in transmission. I. Background Pretreatment Programs incorporated into National Pollutant Discharge Regulated Entities EPA is today proposing to simplify Elimination System (NPDES) permits the process for modifying the Entities potentially regulated by this issued to POTWs. The new regulations pretreatment program requirements action are governmental entities are designed to reduce the included in POTW NPDES permits responsible for implementation of the administrative burden and cost pursuant to Clean Water Act (CWA) National Pretreatment Program. associated with maintaining approved sections 307 and 402 and 40 CFR Part Regulated entities include: pretreatment programs without affecting 403. environmental protection. Examples of regu- A. Existing Approved POTW DATES: Written comments on this Category lated entities Pretreatment Program Requirements proposed rule must be submitted on or POTWs that meet certain before September 30, 1996. Comments Local government ...... Publicly Owned requirements must develop Treatment Works provided electronically will be pretreatment programs to control considered timely if they are submitted with Approved Pretreatment pro- industrial discharges into their sewage electronically by 11:59 P.M. (Eastern grams. systems. CWA section 402(b)(8); 40 CFR time) September 30, 1996. State government ...... States that act as 403.8(a). EPA or the State (in States ADDRESSES: Commenters are requested Pretreatment Pro- approved by EPA to act as the to submit three copies of their gram Approval Au- pretreatment program ‘‘Approval comments to the Comment Clerk for the thorities. Authority’’) must approve the POTW’s Pretreatment Program Amendments; Federal government EPA Regional Offices pretreatment program request according Water Docket; MC–4101, Environmental that act as to the procedures in 40 CFR 403.11. Protection Agency, 401 M Street, S.W., Pretreatment Pro- gram Approval Au- Regulations at 40 CFR 403.8 and 403.9 Washington, D.C. 20460. Commenters thorities. describe the substantive content of and who would like acknowledgment of documentation required for the POTW’s receipt of their comments should pretreatment program submission. This table is not intended to be include a self-addressed, stamped Under 40 CFR 403.8(f), the POTW exhaustive, but rather provides a guide envelope. No facsimiles (faxes) will be pretreatment program submission must for readers regarding entities likely to be accepted. reflect specified legal authorities, regulated by this action. This table lists EPA will also accept comments compliance assurance procedures, the types of entities that EPA is now electronically. Comments should be adequate funding, a local limit aware could potentially be regulated by addressed to the following Internet development demonstration, an this action. Other types of entities not address: [email protected]. enforcement response plan (ERP), and a listed in the table could also be This document has also been placed list of significant industrial users. The regulated. To determine whether your on the Internet for public review and entire approved pretreatment program is organization is regulated by this action, downloading at the following location: then incorporated as an enforceable you should carefully examine the gopher.epa.gov. condition of the POTW’s NPDES permit. applicability criteria in § 403.18 and The public may inspect the 40 CFR 122.44(j)(2) and 403.8(c). Under other applicable criteria in Part 403 of administrative record for this CWA sec. 402(j) and 40 CFR 403.11(f) title 40 of the Code of Federal rulemaking at EPA’s Water Docket, 401 and 403.14(c), the Approval Authority Regulations. If you have questions M Street, S.W., Washington, D.C. 20460, must ensure that the approved regarding the applicability of this action Room L–102 between the hours of 9 pretreatment program documentation is to a particular entity, consult the person a.m. and 3:30 p.m. on business days. For available to the public for inspection listed in the preceding FOR FURTHER access to docket materials, please call and copying. (202) 260–3027 for an appointment INFORMATION CONTACT section. during the aforementioned hours. A Information in this preamble is B. Existing § 403.18 Program reasonable fee will be charged for organized as follows: Modification Requirements copying. I. Background Regulations at 40 CFR 403.18 specify FOR FURTHER INFORMATION CONTACT: A. Existing Approved POTW Pretreatment the procedures used to modify approved Louis Eby, EPA, Office of Wastewater Program Requirements POTW programs. EPA promulgated Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules 39805 those procedures on October 17, 1988. public hearing at the POTW’s request or POTWs may not be the same in every 53 FR 40562, 40615. Section 403.18(a) if there is significant public interest in respect as that required by § 403.18, requires the POTW to follow program doing so. 40 CFR 403.11(b)(1). To EPA has little evidence that the § 403.18 modification procedures whenever there provide notice of the approval or notices have resulted in a corresponding is a ‘‘significant change’’ in the disapproval decision, the Approval benefit. approved POTW pretreatment program. Authority notifies all persons who The existing approval process also Section 403.18(b) outlines specific submitted comments or participated in places a resource burden on many procedures for Approval Authority the public hearing if held, and publishes Approval Authorities. Some Approval review and approval of ‘‘substantial notice in the same newspaper as the Authorities have experienced a backlog program modifications’’ and other non- original notice of request for approval of program modifications awaiting substantial program modifications. was published. 40 CFR 403.11(e). review. POTWs may be reluctant to Section 403.18(c) contains a list of nine Under the existing § 403.18(b)(2) implement the submitted modifications changes which are ‘‘substantial program procedures for approval of non- until the modifications are incorporated modifications’’ and gives the Approval substantial program modifications, the into the POTW’s NPDES permit. Authority power to designate other POTW must notify the Approval When program modifications have not modifications as substantial Authority at least 30 days prior to been processed by the Approval modifications. The nine specified implementation of a non-substantial Authority, there is also uncertainty substantial program modifications in the modification. The modification is about the requirements to which existing regulations are: (1) Changes to considered approved unless the industrial dischargers are subject under legal authorities, (2) changes resulting in Approval Authority decides within 90 federal law. As noted previously, EPA less stringent local limits, (3) changes to days that the change is substantial and may enforce against industrial users any the POTW’s mechanism to control initiates the procedures for approval of requirement included in an approved significant industrial users, (4) changes substantial program modifications. Once pretreatment program. The industrial in the POTW’s method for again, the approved non-substantial user could be subject to state or federal implementing categorical pretreatment change is incorporated into the NPDES enforcement action for the ‘‘old’’ standards, (5) decreases in the frequency permit as a minor permit modification requirements that are still part of the of industrial user self monitoring or under 40 CFR 122.63(g). approved pretreatment program, while reporting, (6) decreases in the frequency The Agency pursued several goals in also being subject to enforcement by of the POTW’s inspection or sampling of promulgating § 403.18. One was to POTWs for ‘‘new’’ requirements that the the industrial user, (7) changes to the assure consistency with federal POTW has implemented prior to POTW’s confidentiality procedures, (8) pretreatment requirements by requiring processing by the Approval Authority. significant reduction in the POTW’s Approval Authorities to review Modifications that result in new or more resources, and (9) changes in the ‘‘substantial modifications’’ and by stringent local limits on industrial users POTW’s sewage sludge disposal and providing opportunity for public that are developed pursuant to 40 CFR management practices. comment. A second was to assure that 403.5(c) are immediately enforceable Section 403.18(b)(1) describes the changes are considered part of the against the industrial users under 40 procedure for Approval Authority Approved Pretreatment Program and, CFR 403.5(d) regardless of whether 40 approval of ‘‘substantial program therefore, are enforceable. Under CWA CFR 403.18 modification procedures modifications.’’ Under this section, the section 309, EPA may enforce any have been commenced or completed. POTW submits specified documents; requirement imposed in an approved Today’s proposal is intended to the Approval Authority uses the pretreatment program. address these problems. The new procedures in 40 CFR 403.11(b) through C. Concerns With Existing Procedures procedures will expedite POTW (f) to approve or disapprove the implementation of many program modification; and the approved The existing procedures have created changes, while providing for review and modification is incorporated into the problems and raised concerns among approval of modifications that relax the POTW’s permit as a minor permit Approval Authorities, POTWs, and POTW’s approved program. modification under 40 CFR 122.63(g). industrial users. Concerns have been The procedures in 40 CFR 403.11(b) raised about the requirement for D. EPA Straw Proposal through (f) are the same procedures the Approval Authorities to publish notice EPA solicited preliminary input on a Approval Authority uses to approve the of the request to approve a modification ‘‘straw proposal’’ from various POTW’s original pretreatment program and then a second notice of its approval. stakeholders, including States, POTWs, submission. Under these procedures, As described above, these notices are trade associations and environmental the Approval Authority determines required to be in the largest daily groups. Today’s proposals are an whether the submission is complete, newspaper within the jurisdiction outgrowth of that process. issues public notice of the complete served by the POTW and can be The straw proposal would have request for substantial program expensive. The notices have generally streamlined the program modification modification, approves or denies the elicited little or no public comment. process by taking most pretreatment submission within 90 days, and It has been EPA’s experience that program requirements out of POTW publishes notice of approval or interested parties with relevant NPDES permits. Under the straw disapproval. comments were generally already aware proposal, only the POTW’s legal To provide notice of the request for of, and involved in, the modification authority, local limits and Enforcement approval, the Approval Authority mails process at the local level. Thus, the Response Plan would have been notices to specified individuals, required Approval Authority notices specifically identified in the POTW’s publishes notice of the request in the frequently duplicate notice that has permit. largest daily newspaper within the already been given by POTWs. By the Other program requirements would jurisdiction served by the POTW, time modifications are forwarded to have been incorporated by general provides a 30-day public comment Approval Authorities for review, issues reference to the pretreatment regulations period, provides an opportunity to have generally been worked out at the in 40 CFR Part 403. The straw proposal request a public hearing, and holds a local level. While notice given by would have required the POTW to 39806 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules maintain a publicly available up-to-date pretreatment program elements of the MAIL to individual industrial users Program Description of what it was greatest interest because they are the without seeking approval as long as the doing to satisfy Part 403 rather than to federal requirements with which the MAIL is not increased. submit modified program descriptions industrial users of the POTW must Under today’s proposal, therefore, a to the Approval Authority as is comply. EPA is proposing that only modification to a local limit would be currently required. Several commenters changes that relax those requirements be a substantial modification only when it objected strongly to the program subject to substantial modification increases the pollutant loadings that description requirement. procedures, because changes that are industrial users are allowed to discharge more stringent than the POTW’s current to the POTW. This could be an increase II. Description of Proposed Rule permit requires do not require an in a concentration limit applicable to all While structured similar to the straw immediate change to the POTW’s permit industrial users, or an increase in the proposal, today’s proposal would not and requiring public notice procedures MAIL for a pollutant. When POTWs remove the Approved Program from the might delay their implementation. allocate the MAIL to individual POTW’s NPDES permit and would not To put this concept in perspective, it industrial users, they generally maintain require the program description is important to understand that a POTW a safety factor so that new industrial discussed above. Today’s proposal is always free to do more than is users coming on line can be given a addresses the concern that the required by the Approved Pretreatment mass allocation out of the existing Approved Program needs to remain in Program in its NPDES permit. Subject to MAIL. Such an allocation to a new the permit because Part 403 standing any constraints of local law and the industrial user would not constitute a alone may not be sufficiently specific to notice requirements of 40 CFR 403.5, it substantial modification. Today’s rule create objective, enforceable is free to impose more restrictive would specify that a reallocation of an requirements that could be directly requirements on its industrial users. existing MAIL would not be a implemented by (and enforced against) However, if a POTW modifies its legal substantial modification. Only where the POTW as a permit condition. EPA authority or local limits so as to relax the total mass of a pollutant that is interested in comments on how it the requirements applicable to its industrial users could be authorized to might implement the pretreatment industrial users, the modification would discharge is increased would the regulations directly without the need to be considered substantial and subject to modification be considered substantial. incorporate the entire Approved the corresponding approval procedures. Although today’s proposal would Programs in POTW permits. EPA is Although most modifications that authorize changes to Enforcement particularly interested in comments on relax legal authority and local limits Response Plans (ERPs) to be processed how the regulations might be clarified would continue to be substantial as non-substantial modifications, the or made more specific so that they could modifications, EPA is further proposing Agency is particularly interested in be directly implemented by and that three subsets of these categories be comment on this issue. EPA is also enforced against POTWs. considered non-substantial generally interested in comments on Today’s proposal would revise 40 modifications. The first are changes to whether fewer or more categories of CFR Part 403 in three ways: (1) The POTW legal authority that are less modifications should be processed as number of changes that are considered prescriptive but which directly reflect a substantial modifications. substantial modifications would be revision to the federal pretreatment B. Public Notice Procedures for reduced; (2) substantial modifications regulations (e.g., when the federal Substantial Modifications could be implemented after one public regulations are streamlined). These notice in certain circumstances, modifications would have already Section 403.18(b)(1) currently provided that no substantive comments undergone public notice and comment requires the issuance of one public are received on the notice; and (3) the when promulgated by EPA. notice of a proposed modification and a period of notice that POTWs must The second category that EPA second public notice once the provide of non-substantial proposes be treated as non substantial modification is approved. Both notices modifications and the time for review modifications are revisions to local must comply with the procedures in by Approval Authorities will both be 45 limits for the conventional pollutant pH § 403.11 (b)–(f). Under today’s proposed days. EPA is also soliciting comment on down to the minimum of 5.0 specified § 403.18(b)(2), however, the Approval additional revisions. These proposals in 40 CFR 403.5(b). Approval Authority would not need to publish a and alternatives are discussed below. Authorities have generally not found second notice of decision if the grounds to object to POTWs changing following conditions were met: (1) The A. Types of Modifications Considered their minimum pH limit to equal the first notice states that the modification Substantial federal minimum. will be approved without further notice Under today’s proposal, only The third category is modifications to if no comments are received; (2) the modifications to the POTW’s local limits resulting from reallocations Approval Authority receives no pretreatment program legal authority of the Maximum Allowable Industrial substantive comments on that notice; and local limits that relax the Loading (MAIL) for a given pollutant and (3) the modification request is requirements applicable to industrial that do not increase the total MAIL for approved without change. EPA believes users in the POTW’s existing approved that pollutant. Some POTWs’ local that, in such circumstances, the original program would continue to be limits are expressed in terms of a MAIL request for approval would also serve as processed as substantial modifications. for a pollutant, which is then allocated the ‘‘notice of approval or disapproval’’ This means that only for these to individual industrial users as limits required by § 403.11(e). This provision modifications would Approval on the total mass of the pollutant that would relieve the Approval Authority of Authorities be required to follow the each user may discharge. Those mass the obligation to publish a second notice detailed public notice procedures of 40 limits are placed in the industrial users’ of approval in circumstances where it is CFR 403.11, prior to Approval Authority permits or other individual control clearly unnecessary. action on the proposed modification. mechanisms and are enforceable under EPA issued guidance on the EPA believes that the POTW’s legal 40 CFR 403.5(d). Under today’s implementation of 40 CFR 403.18 in a authority and local limits are the local proposal, those POTWs could reallocate Memorandum dated July 22, 1993, from Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules 39807

Cynthia Dougherty, then Director of the approving or disapproving a non- if not disapproved within 45 days. Permits Division in the Office of substantial modification. Under the existing regulations, non- Wastewater Management. That guidance EPA is soliciting comment on whether substantial modifications submitted by stated that modifications could be specific public notice requirements the POTW are deemed approved unless adopted without the second notice in should be required for non-substantial the Approval Authority disapproves the above described circumstances. modifications. For example, evidence of them within the specified time. 40 CFR Today’s proposal would codify that notice by the POTW might be required. 403.18(b)(2). Because the proposed list guidance. Regardless of the public notice provided of non-substantial modifications The EPA guidance also suggested that at the time of the modification, the includes categories that were previously Approval Authorities could consider public could still challenge an considered substantial, it might not be local notice by the POTW to be adequate inadequate program when the POTW’s appropriate for them to be deemed notice of receipt of request for approval NPDES permit is proposed for renewal. approved if the Approval Authority and notice of decision under § 403.11 One commenter has suggested that the does not act upon them. (b)–(f). EPA is not proposing any public should be educated as to the In the alternative, only certain regulatory changes covering local notice importance of Pretreatment Program categories of non-substantial because the Agency continues to believe requirements, so that public input will modifications could be deemed this option is available under the occur in response to notice of program approved if not disapproved by the existing regulations. modifications. EPA is interested in Approval Authority within 45 days. For Approval Authorities are ultimately receiving comments on how this could example, decreases in frequency of responsible for publishing the notice. be accomplished. industrial self-monitoring and reporting, EPA does not require POTWs to provide EPA is also soliciting comment on and decreases in the frequency of the notices. Today’s proposal would whether some modifications should be industrial user inspections and leave POTWs and Approval Authorities reported retroactively by the POTW to sampling could be implemented only free to negotiate arrangements for the the Approval Authority in the POTW’s after they are actually approved by the publication of the required notice. In the annual report rather than in advance. Approval Authority. Other absence of voluntary adequate notice by Modifications that would not need to be modifications could be implemented the POTW, the Approval Authority submitted in advance might include, for after 45 days if the Approval Authority would still be required to provide the example, modifications that do not does not respond. (This approach, notice. result in the POTW doing less than its however, would not change any In order for a local POTW public existing NPDES permit specifically applicable public notice requirements of notice to eliminate the need for an requires. Approval Authority notice, the local local law otherwise applicable to the notice must meet the requirements of D. Time for Review of Non-substantial POTW.) Modifications § 403.11(b)(1). EPA is interested in E. Changes to Industrial User Inventory receiving public comment on the Under today’s proposal, the time sufficiency of this approach as well as period for submittal of non-substantial EPA is proposing today to allow any other comment concerning whether program modifications to the Approval POTWs to submit changes to their it is appropriate to consider local notice Authority prior to implementation industrial user inventory at the time sufficient to satisfy the requirements of would be extended from 30 to 45 days. they submit their Annual Report. § 403.11. The Approval Authority would be Current regulations require that such EPA would appreciate comment on directed to notify the POTW within this changes be submitted as non-substantial other ways that the § 403.11 procedures 45-day period of its decision to approve modifications, and also require that the may be made more appropriate for or disapprove the modification, rather industrial user inventory be updated in pretreatment program modifications. In than the 90 days currently allowed the POTW’s Annual Report to the particular, EPA solicits comments on under existing § 403.18(b)(2). Approval Authority. the appropriateness of the detailed EPA is proposing this change in EPA believes that it is appropriate to public notice procedures in response to comments that the existing eliminate the double reporting currently § 403.11(b)(1). procedure for submittal of non- required by the regulation. There is little substantial program changes can be value in requiring Approval Authorities C. Procedures for Non-substantial disruptive to approved pretreatment to approve changes to SIU designations Modifications program operations. Because the in advance. All industrial users that are As a consequence of reducing the Approval Authority has a longer period subject to national categorical number of substantial modifications, of time in which to decide whether to pretreatment standards currently must today’s proposal would expand the initiate substantial modification be designated as Significant Industrial category of non-substantial procedures, POTWs have chosen to wait Users (SIUs), so there is no flexibility in modifications. Under the existing until the 91st day to implement the such designations. On the other hand, regulation, non-substantial change to avoid the risk that the POTWs already have considerable modifications are deemed approved Approval Authority may seek review of flexibility in designating non-categorical unless, within 90 days from their a change the POTW considered non- industrial users as SIUs, and should be submission, the Approval Authority substantial. To avoid these results, EPA able to exercise that flexibility without decides to review them as substantial proposes to require the Approval receiving prior approval. Moreover, modifications. Under today’s proposal, Authority to approve or disapprove a most requirements relative to POTW non-substantial modifications would proposed non-substantial modification regulation of SIUs are annual not be deemed approved but would within the same 45 day period of time requirements, so Approval Authorities require affirmative approval by the the POTW must wait to implement the should be able to provide adequate Approval Authority. The proposal program change. oversight even if notification of the would not require the Approval EPA solicits comment on the issue of changes to the IU inventory is not Authority to comply with any specific whether non-substantial modifications immediate. EPA invites comment on public notice procedures prior to should continue to be deemed approved this approach. 39808 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules

III. Regulatory Requirements review and comment was provided in additional information collection the September, 1994 issue of the ‘‘Water activities, they should send their A. Executive Order 12866 Environment & Technology,’’ the comments regarding the burden Under Executive Order 12866 [58 FR principal publication of the Water estimate or any other aspect pertaining 51735 (October 4, 1993)], the Agency Environment Federation. Copies of all to collection of information, including must determine whether the regulatory comments received, relating to this suggestions for reducing this burden to action is ‘‘significant’’ and therefore rulemaking, will be included in the Director, Regulatory Information subject to review by the Office of docket to the proposed rule. Division; EPA; 401 M St., S.W. (Mail Management and Budget (OMB) and the Code 2137); Washington, DC 20460; and C. Regulatory Flexibility Act requirements of the Executive Order. to the Office of Information and The Order defines ‘‘significant Under the Regulatory Flexibility Act Regulatory Affairs, Office of regulatory action’’ as one that is likely (RFA), 5 U.S.C. 601 et seq., EPA must Management and Budget, Washington, to result in a rule that may: prepare a Regulatory Flexibility DC 20503, marked ‘‘Attention: Desk (1) Have an annual effect on the Analysis for all regulations that have a Officer for EPA.’’ The final rule will economy of $100 million or more or significant impact on a substantial respond to any OMB or public adversely affect in a material way the number of small entities. The RFA comments on any information collection economy, a sector of the economy, recognizes three kinds of small entities requirements generated by this productivity, competition, jobs, the and defines them as follows: proposal. environment, public health or safety, or —Small governmental jurisdictions— E. Unfunded Mandates Reform Act State, local, or tribal governments or any government of a district with a communities; population of less than 50,000. Title II of the Unfunded Mandates (2) Create a serious inconsistency or —Small business—any business which Reform Act of 1995 (UMRA), P.L. 104– otherwise interfere with an action taken is independently owned and operated 4, establishes requirements for Federal or planned by another agency; and not dominant in its field as (3) Materially alter the budgetary agencies to assess the effects of their defined by Small Business impact of entitlements, grants, user fees, regulatory actions on State, local, and Administration regulations under or loan programs or the rights and tribal governments and the private section 3 of the Small Business Act. obligations of recipients thereof; or sector. Under section 202 of the UMRA, (4) Raise novel legal or policy issues —Small organization—any not-for-profit EPA generally must prepare a written arising out of legal mandates, the enterprise that is independently statement, including a cost-benefit President’s priorities, or the principles owned and operated and not analysis, for proposed and final rules set forth in the Executive Order.’’ dominant in its field (e.g., private with ‘‘Federal mandates’’ that may It has been determined that this rule hospitals and educational result in expenditures to State, local, is not a ‘‘significant regulatory action’’ institutions). and tribal governments, in the aggregate, under the terms of Executive Order Under section 605(b) of the Act, if an or to the private sector, of $100 million 12866 and is therefore not subject to agency can certify that a rule will not or more in any one year. Before OMB review. have a ‘‘significant impact on a promulgating an EPA rule for which a substantial number of small entities,’’ written statement is needed, section 205 B. Executive Order 12875 then no further analysis under the Act of the UMRA generally requires EPA to Under Executive Order 12875 [58 FR is required. identify and consider a reasonable 58093 (October 28, 1993)], entitled The only ‘‘small entity,’’ as defined number of regulatory alternatives and ‘‘Enhancing the Intergovernmental under the Regulatory Flexibility Act adopt the least costly, most cost- Partnership,’’ the Agency is required to (RFA), potentially affected by the effective or least burdensome alternative develop an effective process to permit proposed rulemaking would be a small that achieves the objectives of the rule. elected officials and other governmental jurisdiction having a The provisions of section 205 do not representatives of State, local, and tribal population of less than 50,000. Most apply when they are inconsistent with governments to provide meaningful and POTWs with Approved Pretreatment applicable law. Moreover, section 205 timely input in the development of Programs serve communities with allows EPA to adopt an alternative other regulatory proposals. populations greater than 50,000 citizens. than the least costly, most cost-effective EPA sought the involvement of those There is no known negative impact that or least burdensome alternative if the persons who are intended to benefit will be imposed by this rulemaking on Administrator publishes with the final from or expected to be burdened by this any small communities and their rule an explanation why that alternative proposal before issuing a notice of subordinate POTWs. Therefore, I certify was not adopted. Before EPA establishes proposed rulemaking. Following that this rule, if promulgated, will not any regulatory requirements that may informal consultation, in May 1994, have a significant economic impact on significantly or uniquely affect small EPA circulated a draft proposal to a substantial number of small entities. governments, including tribal interested persons, including States, governments, it must have developed POTWs and organizations. EPA received D. Paperwork Reduction Act under section 203 of the UMRA a small approximately 20 comments, which The proposed regulations are government agency plan. The plan must have been addressed in today’s rule. designed specifically to streamline the provide for notifying potentially Several presentations outlining possible regulatory process and will not impose affected small governments, enabling revisions to the pretreatment regulations any additional information collection officials of affected small governments were made to a number of stakeholder requirements on either the Approval to have meaningful and timely input in groups, including Regional, State and Authorities or the POTWs. Therefore, the development of EPA regulatory POTW personnel. These groups were EPA did not prepare an Information proposals with significant Federal encouraged to provide formal input to Request document for approval by the intergovernmental mandates, and the proposed regulatory streamlining Office of Management and Budget. informing, educating, and advising process. In addition, notice of the Should any reviewers feel that the small governments on compliance with availability of the draft proposal for proposed rulemaking will require the regulatory requirements. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules 39809

Today’s rule contains no Federal Dated: July 16, 1996. Permit for the purposes of incorporating mandates (under the regulatory Fred Hansen, a POTW Pretreatment Program provisions of Title II of the UMRA) for Acting Administrator. approved in accordance with the State, local, or tribal governments or the For the reasons set out in the procedures in § 403.11 shall be deemed private sector. The proposed rulemaking preamble, chapter I of title 40 of the a minor Permit modification subject to is basically ‘‘deregulatory’’ in nature Code of Federal Regulations is proposed the procedures in 40 CFR 122.63. and does not impose any additional to be amended as follows: * * * * * burdens on the affected State, local or (f) * * * tribal governments. As the preceding PART 403ÐGENERAL (6) The POTW shall prepare a list of preamble language clearly demonstrates, PRETREATMENT REGULATIONS FOR its industrial users meeting the criteria EPA actively is soliciting comments on EXISTING AND NEW SOURCES OF in § 403.3(u)(1). The list shall identify any and all alternatives to the proposed POLLUTION the criteria in § 403.3(u)(1) applicable to changes in the regulations governing each industrial user and, for industrial 1. The authority citation for part 403 modification of a POTW’s pretreatment users meeting the criteria in continues to read as follows: program. To the extent enforceable § 403.3(u)(1)(ii), shall also indicate duties arise as a result of today’s Authority: Sec. 54(c)(2) of the Clean Water whether the POTW has made a proposed rule, such enforceable duties Act of 1977, (Pub. L. 95–217) sections determination pursuant to § 403.3(u)(2) 204(b)(1)(C), 208(b)(2)(C)(iii), 301(b)(1)(A)(ii), do not result in a significant regulatory that such industrial user should not be 301(b)(2)(A)(ii), 301(b)(2)(C), 301(h)(5), considered a significant industrial user. action being imposed upon 301(I)(2), 304(e), 304(g), 307, 308, 309, governmental entities or the private 402(b), 405, and 501(a) of the Federal Water The initial list shall be submitted to the sector. Pollution Control Act (Pub. L. 92–500) as Approval Authority pursuant to § 403.9 amended by the Clean Water Act of 1977 and or as a non-substantial modification EPA has determined that this rule the Water Quality Act of 1987 (Pub. L. 100– pursuant to § 403.18(b)(2). contains no regulatory requirements that 4). Modifications to the list shall be might significantly or uniquely affect 2. Section 403.3 is amended by submitted to the Approval Authority small governments. As previously redesignating paragraphs (j) through (u) pursuant to § 403.12(i)(1). stated, EPA believes that the rule will as paragraphs (k) through (v) and by * * * * * reduce the regulatory burden on all adding a new paragraph (j) to read as 4. Section 403.12 is amended by governmental agencies operating follows: redesignating paragraph (i)(4) as POTWs. This overall reduction will be § 403.3 Definitions. paragraph (i)(5), revising paragraph applied across the board to all POTWs, (i)(3), and adding a new paragraph (i)(4) with attendant benefits being provided * * * * * to read as follows: to both large and small governments. (j) The term Maximum Allowable Although EPA can not document the Industrial Load means the total mass of § 403.12 Reporting requirements for effects for each and every POTW, a pollutant that all industrial users of a POTW's and industrial users. smaller governments may benefit the POTW may discharge pursuant to a * * * * * most from the proposed modifications limit developed under § 403.5(c). (i) * * * as the avoided compliance costs * * * * * (3) A summary of compliance and attendant with modifying their 2a. In addition § 403.3 is amended in enforcement activities (including programs may be a larger percent of newly designated paragraph (u)(1) inspections) conducted by the POTW their total operating budget than those introductory text by removing the during the reporting period; costs borne by the larger POTWs. reference ‘‘(t)(2)’’ and adding in its place (4) A summary of changes to the ‘‘(u)(2)’’; and in newly designated POTW’s pretreatment program that have In compliance with E.O. 12875 and paragraph (l)(2) by removing the not been previously reported to the section 203 of the UMRA, EPA references ‘‘(k)(1)(ii), or (k)(1)(iii)’’ and Approval Authority; and conducted a wide outreach effort and adding in its place ‘‘(l)(1) (i) or (iii)’’; * * * * * actively sought the input of and in newly designated paragraph 5. Section 403.18 is revised to read as representatives of state, local and tribal (u)(2) by removing the reference follows: governments in the process of ‘‘(t)(1)(ii)’’ and adding in its place developing the proposed regulation. ‘‘(u)(1)(ii)’’. § 403.18 Modification of POTW Agency personnel have communicated 3. Section 403.8 is amended by Pretreatment Programs. with State and local representatives in revising paragraphs (c) and (f)(6) to read (a) General. Either the Approval a number of different forums. as follows: Authority or a POTW with an approved This proposed rule will provide POTW Pretreatment Program may § 403.8 Pretreatment Program flexibility to the regulated community. initiate program modification at any Requirements: Development and time to reflect changing conditions at It does not impose any new Implementation by POTW. requirements so costs to the regulated the POTW. Program modification is * * * * * necessary whenever there is a community should remain unchanged (c) Incorporation of approved or be minimal. Therefore, EPA has significant change in the operation of a programs in permits. A POTW may POTW Pretreatment Program that differs determined that an unfunded mandates develop an appropriate POTW statement is unnecessary. from the information in the POTW’s Pretreatment Program any time before submission, as approved under § 403.11. List of Subjects in 40 CFR Part 403 the time limit set forth in paragraph (b) (b) Approval procedures. POTW of this section. The POTW’s NPDES Pretreatment Program modifications Environmental protection, Permit will be reissued or modified by shall be accomplished as follows: Confidential business information, the NPDES State or EPA to incorporate (1) Substantial modifications. (i) Reporting and recordkeeping the approved Program as enforceable Substantial modifications mean: requirements, Waste treatment and conditions of the Permit. The (A) Modifications that relax POTW disposal, Water pollution control. modification of a POTW’s NPDES legal authorities (as described in 39810 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules

§ 403.8(f)(1)), except for modifications request for approval under (I) Changes in the POTW’s sludge that directly reflect a revision to this § 403.11(b)(1) states that the request will disposal and management practices; and part 403 and are reported pursuant to be approved if no comments are (J) Any other modifications not paragraph (b)(2) of this section; or received by a specified date notice; no specified in paragraph (b)(1) of this (B) Modifications that relax local substantive comments are received; and section that would result in the POTW limits, except for the following, which the request is approved without change. not being in compliance with its are reported pursuant to pargraph (b)(2) (2) Non-substantial modifications. (i) Approved Program. of this section: Modifications to local Non-substantial modifications mean: (ii) For non-substantial modifications: limits for pH, and reallocations of the (A) Modifications to legal authorities Maximum Available Industrial Loading as described in § 403.9(f)(1)) not subject (A) The POTW shall notify the of a pollutant that do not increase the to paragraph (b)(1)(i)(A) of this section; Approval Authority of the non- total headworks loadings for the (B) Modifications to local limits not substantial modification at least 45 days pollutant. subject to paragraph (b)(1)(i)(B) of this prior to implementation by the POTW, (ii) For substantial modifications: section; in a statement similar to that provided (A) The POTW shall submit to the (C) Modifications to the POTW’s for in paragraph (b)(1)(ii)(A) of this Approval Authority a statement of the control mechanism (as described in section. basis for the desired program § 403.8(f)(l)(iii)); (B) Within 45 days after the modification, a modified program (D) Modifications to the POTW’s submission of the POTW’s statement, description (see § 403.9(b)), or such Enforcement Response Plan; the Approval Authority shall notify the other documents the Approval (E) A decrease in the frequency of POTW of its decision to approve or Authority determines to be necessary self-monitoring or reporting required of disapprove the non-substantial under the circumstances. industrial users; modification. (B) The Approval Authority shall (F) A decrease in the frequency of (3) All modifications shall be approve or disapprove the Modification industrial user inspections or sampling incorporated into the POTW’s NPDES based on the requirements of § 403.8(f) by the POTW; permit upon approval. The permit will and using the procedures in § 403.11(b) (G) Modifications to the POTW’s be modified to incorporate the approved through (f), except as provided in confidentiality procedures; modification in accordance with 40 CFR (H) Significant reductions in the paragraph (b)(1)(ii)(C) of this section. 122.63(g). (C) The Approval Authority need not POTW’s Pretreatment Program resources publish a notice of decision under (including personnel commitments, [FR Doc. 96–18658 Filed 7–29–96; 8:45 am] § 403.11(e) provided: The notice of equipment, and funding levels); BILLING CODE 6560±50±P federal register July 30,1996 Tuesday Families, AdvanceNotice;ProposedRule the RoleofFathersinPublicHousing Public andIndianHousing;Strengthening Office oftheAssistantSecretaryfor 24 CFRChapterIX Development Housing andUrban Department of Part VIII 39811 39812 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules

DEPARTMENT OF HOUSING AND Office of the General Counsel, Room opportunities and housing benefits to URBAN DEVELOPMENT 10276, Department of Housing and encourage uniting or reuniting of Urban Development, 451 Seventh Street, families, and more active and positive 24 CFR Chapter IX SW., Washington, DC 20410–0500. participation of fathers in their families. Comments should refer to the above These two pilot efforts were described [Docket No. FR±4087±N±01] docket number and title. A copy of each in detail by the Secretary at the Vice RIN 2577±AB68 comment submitted will be available for President’s May 3, 1996, ‘‘Federal public inspection and copying during Conference on Strengthening the Role of Office of the Assistant Secretary for regular business hours at the above Fathers in Families.’’ Public and Indian Housing; address. Facsimile (FAX) comments are In Baltimore, Maryland, the housing Strengthening the Role of Fathers in not acceptable. authority has developed a Healthy Head Public Housing Families, Advance Start Men’s Service Program, which Notice of Proposed Rulemaking SUPPLEMENTARY INFORMATION: links employment in a housing I. Background rehabilitation project, including training AGENCY: Office of the Assistant in lead-based paint and asbestos Secretary for Public and Indian In a June 1995 memorandum to the heads of all Executive Branch removal, with requirements that Housing, HUD. participants accompany their families departments and agencies, President ACTION: Advance notice of proposed on obstetric and pediatric visits. Clinton charged the Federal government rulemaking. In Hartford, Connecticut, a public to review every policy, program, and housing Family Restoration Program at SUMMARY: In his 1996 State of the Union initiative that pertains to families, to Charter Oak Terrace apartments is using Address, President Clinton said ‘‘Our —Ensure, where appropriate, and a portion of a $20.8 million project first challenge is to cherish our children consistent with program objectives, redevelopment grant to redevelop and strengthen America’s families. that these policies, programs and families. Absent fathers are eligible for Family is the foundation of American initiatives seek to engage and on-site construction jobs paying up to life. If we have stronger families, we meaningfully include fathers; $22/hour, but qualification for will have a stronger America. —Proactively modify those programs employment is premised on the father’s HUD is committed to cooperating that were designed to serve primarily commitment to behavior that is positive with other Federal agencies and with mothers and children, where for themselves and their families; such State and local entities to identify and appropriate, and consistent with positive behaviors include agreeing to pursue policies and to support activities program objectives, to explicitly work on a high school diploma or that will encourage reuniting families include fathers and strengthen their equivalency certificate, participating in and strengthen the role of fathers in involvement with their children; counseling on parenting and American families. —Include evidence of father[s’] communications skills, and agreeing to This notice announces HUD’s involvement and participation, where become and/or remain free from intention (1) To develop a regulatory appropriate, in measuring the success substance abuse. At a very early stage of package concerning measures, practices, of the program; and this initiative, there are twenty families and authorizations to local public —Involve fathers, where appropriate, in participating; the Hartford Housing housing agencies and Indian Housing government initiated research Authority has established a goal of Authorities (hereinafter referenced regarding children and their families. reuniting 100 families. collectively as HAs) in support of efforts HUD has demonstrated its While these two pilot programs have to encourage husbands and/or fathers to commitment to strengthening families concentrated on providing training and play a more responsible role in the lives through its public and assisted housing employment opportunities to absent of families in HA-owned or assisted programs, affordable housing and fathers, HUD recognizes that an absent developments, and (2) to solicit public homeownership initiatives, and services spouse or parent may be a mother as comment on this subject prior to for homeless people. For homeless well. As a result any future programs of publication of a proposed rule. women and children—America’s fastest- this type will be administered in a Issues for which HUD specifically growing homeless population—HUD gender neutral fashion to permit these requests comment from the public are has implemented a rental assistance opportunities for women as well as identified in Section II of the certificate/voucher program to move men. Supplementary Information portion of women and children out of shelters and this Notice. into safer, long-term transitional II. Solicitation of Public Comments DATES: Comment Due Date: September housing. HUD provides premiums to HUD is requesting public comment in 13, 1996. shelters that help keep families intact. several areas to be addressed by the FOR FURTHER INFORMATION CONTACT: Working families also find it more regulation. In developing this MaryAnn Russ, Deputy Assistant advantageous to stay together in public regulation, HUD will work closely with Secretary for Public and Assisted housing under new rent computation HAs and their associations and with Housing Operations, HUD, Room 4204, procedures that permit optional residents and community organizations 451 Seventh Street SW., Washington, deductions from, or exemptions of, to ensure that HUD has heard as many DC 20410–5000, telephone (202) 708– earned income. Additionally, HUD viewpoints as possible. 1380 (this is not a toll-free number). A works to strengthen families through Based on the comments that HUD telecommunications device for hearing- employment initiatives that incorporate receives in response to this notice and and speech-impaired persons (TTY) is conditions for participation, any written guidance received from available at 1–800–877–8339 (Federal encouraging workers to adopt positive additional communications with Information Relay Services). (This is a behaviors toward their families and industry groups and others, HUD will toll-free number.) their communities. publish a proposed rule. Following ADDRESSES: Interested persons are HUD has undertaken two major pilot careful consideration of the comments invited to submit comments in response programs involving outreach to absent received on the proposed rule, HUD will to this notice to the Rules Docket Clerk, fathers, using a combination of job issue a final regulation. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Proposed Rules 39813

The areas for which HUD specifically make and honor commitments to their admission drug testing and subseqent requests comment from the public family and to the HA community. HUD random testing. Testing is at the include the following: is interested in public comments on the expense of the housing authority. HUD 1. The basic principle underlying this nature of such an agreement, and on the is interested in public comments on initiative is that families ought to be range of obligations that could drug abstinence and drug testing reunited. Fathers living apart from reasonably be demanded of a returning requirements and policies. mothers and children, or living-in only parent. Should HUD create a model 6. HUD is soliciting public input on intermittently, should be encouraged to form of agreement for this purpose? Are any other matters, ideas, rejoin their families and accept a role in there certain minimum requirements recommendations, or any other form of the upbringing of the children. To the that HUD could itemize, and permit comment relevant to the issue of re- extent that it may be necessary to HAs to make additions to reflect local integrating absent parents and encourage such responsible behavior by interests? Or should HAs be given strengthening the role of fathers and an absent parent (who may also be maximum latitude to develop their own husbands in public housing families. In mother, we acknowledge) HAs would be standards and agreements? addition to comments, HUD is also 3. HUD’s position is that participants encouraged, but not necessarily requesting any reports, documents, or must be subject to admissions screening, required, to other material that will assist the a. Provide a priority for transfer to assure the rest of the community that Department in evaluating issues to be among HA properties; the new or re-joining family member addressed in the regulation. b. Offer a priority for a Section 8 would not constitute any special treat to certificate or voucher (consistent with the peace and quiet of the HUD requests that, in submitting the principles of the Family Unification neighborhood. comments on any of the foregoing program); 4. Returning parents, or a parent issues, the commenter please cite the c. Exempt from rent determinations newly accepting a responsible role in a item number of the issue addressed by the incremental income of the returning family, would be required to participate the comment. HUD also welcomes parent for a period of up to three years in a parenting and/or counseling comments on issues not specifically without adverse effect on the HA’s program. To the extent that some included in the foregoing list, but eligibility for operating subsidy under returning parents may have been related to involving husbands and the PFS. involved in domestic violence or abuse, fathers, and strengthening the role of HUD is interested in public comments such counseling or training must have husbands and fathers in families living on whether such encouragements are been completed before admission or re- in public and assisted housing. necessary, or sufficient. admission to the HA housing. Parenting Dated: July 15, 1996. 2. To obtain any benefits or incentives training or counseling would be offered by an HA program, a returning allowable budget costs for the HA. Michael B. Janis, parent would be required to enter into 5. The Hartford Family Reunification General Deputy, Assistant Secretary for Public a formal agreement or contract, binding model includes an explicit requirement and Indian Housing. him or her to comply with the that returning parents be and remain [FR Doc. 96–19238 Filed 7–29–96; 8:45 am] requirements of the HA lease and to drugfree, including provisions for pre- BILLING CODE 4210±33±M federal register July 30,1996 Tuesday Notices Certain Chemicals;Premanufacture Protection Agency Environmental Part IX 39815 39816 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

ENVIRONMENTAL PROTECTION reporting requirements. The notice consolidated report in the Federal AGENCY requirements are provided in TSCA Register reflecting the dates PMNs and sections 5(d)(2) and 5(d)(3). Specifically, TME application requests were [OPPTS±51846; FRL±5381±8] EPA is required to provide notice of received, the projected notice end date, Certain Chemicals; Premanufacture receipt of PMNs, polymer exemption the manufacturer or importer identity, Notices notices and TME application requests to the extent that such information is received. EPA also is required to not claimed as confidential and AGENCY: Environmental Protection identify those chemical submissions for chemical identity, either specific or Agency (EPA). which data has been received, the uses generic depending on whether chemical ACTION: Notice. or intended uses of such chemicals, and has been claimed confidential. Generic the nature of any test data which may SUMMARY: Section 5 of the Toxic use information on these substances have been developed. Lastly, EPA is will be provided. Additionally, in this Substances Control Act (TSCA) requires required to provide periodic status same report EPA shall provide a listing any person who intends to manufacture reports of all chemical substances of receipt of new notices of or import a new chemical to notify EPA undergoing review and receipt of and comply with the statutory notices of commencement. commencement. provisions pertaining to the A record has been established for this EPA believes the new format of the manufacture or import of substances not notice under docket number ‘‘[OPPTS– notice will be easier to understand by on the TSCA Inventory. Section 5 of 51846]’’ (including comments and data the interested public, and provides the TSCA also requires EPA to publish submitted electronically as described information that is of greatest interest to receipt and status information in the below). A public version of this record, the public users. Certain information Federal Register each month reporting including printed, paper versions of provided in the earlier notices will not premanufacture notices (PMN), both electronic comments, which does not be provided under the new format. The pending and expired. The information include any information claimed as status reports of substances under contained in this document clears a confidential business information (CBI), review, potential production volume, backlog of notices received from is available for inspection from 12 noon and summaries of health and safety data October 1995 to December 15, 1995. to 4 p.m., Monday through Friday, will not be provided in the new notices. ADDRESSES: Written comments, excluding legal holidays. The public identified by the document control record is located in the TSCA EPA is not providing production number ‘‘[OPPTS–51846]’’ and the Nonconfidential Information Center volume information in the consolidated specific PMN number, if appropriate, (NCIC), Rm. NEM–B607, 401 M St., SW., notice since such information is should be sent to: Document Control Washington, DC 20460. generally claimed as confidential. For Office (7407), Office of Pollution Electronic comments can be sent this reason, there is no substantive loss Prevention and Toxics, Environmental directly to EPA at: to the public in not publishing the data. Protection Agency, 401 M St., SW., Rm. [email protected] Health and safety data are not ETG–099 Washington, DC 20460. summarized in the notice since it is Comments and data may also be Electronic comments must be recognized as impossible, given the submitted electronically by sending submitted as an ASCII file avoiding the format of this notice, as well as the electronic mail (e-mail) to: use of special characters and any form previous style of notices, to provide [email protected]. Electronic of encryption. meaningful information on the subject. comments must be submitted as an The official record for this notice, as In those submissions where health and ASCII file avoiding the use of special well as the public version, as described safety data were received by the Agency, characters and any form of encryption. above will be kept in paper form. a footnote is included by the Comments and data will also be Accordingly, EPA will transfer all Manufacturer/Importer identity to accepted on disks in WordPerfect in 5.1 comments received electronically into indicate its existence. As stated below, file format or ASCII file format. All printed, paper form as they are received interested persons may contact EPA comments and data in electronic form and will place the paper copies in the directly to secure information on such must be identified by the docket number official record which will also include studies. [OPPTS–51846]. No CBI should be all comments submitted directly in For persons who are interested in data submitted through e-mail. Electronic writing. The official record is the paper not included in this notice, access can comments on this notice may be filed record maintained at the address in be secured at EPA Headquarters in the online at many Federal Depository ‘‘ADDRESSES’’ at the beginning of this NCIC at the address provided above. Libraries. Additional information on document. electronic submissions can be found In the past, EPA has published Additionally, interested parties may under ‘‘SUPPLEMENTARY individual notices reflecting the status telephone the Document Control Office INFORMATION’’ of this document. of section 5 filings received, pending or at (202) 260–1553, TDD (202) 554–0551, FOR FURTHER INFORMATION CONTACT: expired, as well as notices reflecting for generic use information, health and Susan B. Hazen, Director, receipt of notices of commencement. In safety data not claimed as confidential Environmental Assistance Division an effort to become more responsive to or status reports on section 5 filings. (7408), Office of Pollution Prevention the regulated community, the users of Send all comments to the address and Toxics, Environmental Protection this information and the general public, listed above. All comments received Agency, Rm. E–545, 401 M St., SW., to comply with the requirements of will be reviewed and appropriate Washington, DC, 20460, (202) 554–1404, TSCA, to conserve EPA resources, and amendments will be made as deemed TDD (202) 554–0551. to streamline the process and make it necessary. SUPPLEMENTARY INFORMATION: Under the more timely, EPA is consolidating these provisions of TSCA, EPA is required to separate notices into one comprehensive This notice will identify: (I) PMNs publish notice of receipt and status notice that will be issued at regular received; and (II) Notices of reports of chemicals subject to section 5 intervals. EPA shall provide a Commencement to manufacture/import. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39817

I. 311 Premanufacture Notices Received From 10/01/95 to 12/15/95

Projected Case No. Received Notice Manufacture/Importer Use Chemicals Date End Date

P±96±0001 10/02/95 12/30/95 CBI (S) Polyurethane foam manufacture (G) Mono-amine/acid salt carboxylates P±96±0002 10/02/95 12/30/95 Lonza, Inc (G) Processing aid, dispersive use (S) 1,2,3-propanetriol, homopolymer, ester with a C14±18 and C14±18 un- saturated fatty acids P±96±0003 10/03/95 12/30/95 CBI (G) Open, non-dispersive (G) Polyborosilazane P±96±0004 10/02/95 12/31/95 CBI (S) Urethane foam catalyst (G) Mono and di-amine salt carboxylate P±96±0005 10/02/95 12/31/95 E.I. Dupont De Nemours (S) Textile fiber manufacture (G) Polyethylene terephthalate co- and Company polymer containing lithium sulfo isophthalate P±96±0006 10/02/95 12/31/95 E.I. dupont De Nemours (S) Textile fiber manufacture (G) Polyethylene terephthalate co- and Company polymer containing lithium sulfo isophthalate P±96±0007 10/03/95 12/30/95 BASF Corporation (G) Fiber manufacturing (G) Modified melamine-formaldehyde resin P±96±0008 10/03/95 12/30/95 BASF Corporation (G) Fiber manufacturing (G) Modified melamine-formaldehyde resin P±96±0009 10/03/95 12/31/95 LaRouche Industries, (S) Blowing agent for rigid & flexible (S) Ethane, 1,1-dichloro-1-fluoro Inc. foam; solvent P±96±0010 10/03/95 12/31/95 Stepan Company (G) Elastomer (G) Modified polyol P±96±0011 10/04/95 06/29/96 CBI (S) Catalyst for water-blown rigid (S) Tin, bis(2-aminobenzoato- polyurethanes o,o′)dibutyl P±96±0012 10/03/95 02/31/95 Milliken Chemical Com- (G) Polymeric colorant (G) Polymeric colorant of 9,10- pany dihydro-9,10-dioxo-1,4- anthracenediamine P±96±0013 10/03/95 12/31/95 CBI (G) Component in polyurethane adhe- (G) Polyurethane prepolymer sive P±96±0014 10/04/95 01/01/96 Spies Hecker, Inc. (S) Binder for paints (S) Neodecanoic acid, ethenyl ester, polymer with butyl 2-methyl-2- propenoate, cyclohexyl 2-methyl-2- propenoate, 1,1-dimethylethyl 2- propenoate, 2-hydroxyethyl 2-meth- yl-2-propenoate, 2-methylpropyl 2- methyl-2-propenoate, 1,2- propanediol mono(2-methyl-2- propenoate) and 2-propenoic acid P±96±0015 10/05/95 01/01/96 Ciba-Geigy Corporation (G) Intermediate for textile dye (G) Naphthalene sulfonic acid azo substituted naphthalene P±96±0016 10/05/95 03/16/96 Boehme filatex, Inc. (S) Fat-liquoring agent for automobile (S) Soybean oil, polymd., oxidized, leather bisulfited, sodium salts P±96±0017 10/05/95 01/02/96 CBI (G) Wetting and dispersing additive to (G) High molecular weight carboxylic prevent sedimentation and flooding acid salts of pigments P±96±0018 10/05/95 02/02/96 CBI (G) Chemical solution with contained (G) Adipic acid salt use P±96±0019 10/06/95 05/21/96 Saft America, Inc. (S) Positive active material in re- (G) Lithiated metal oxide chargeable batteries P±96±0020 10/10/95 02/14/96 Houghton International (S) Yankee dryer coating (S) Collagens, hydrolyzates, N-[3- (C12±24-alkyldimethylammonio)-2- hydroxypropyl T3N′-[3-(di-C12±24- alkylmethylammonio)-2- hydroxypropyl], reaction products with caprolactam- diethylenetriamine-itaconic acid polymer and epichlorohydrin, chlorides P±96±0021 10/10/95 01/30/96 CBI (G) Lubricant Additive (G) Polyalkenyl succinic anhydride, reaction products with polyethylenepolyamine and alkylalde hyde; metalated P±96±0022 10/10/95 01/30/96 CBI (G) Lubricant Additive (G) Polyalkenyl succinic anhydride, reaction products with polyethylenepolyamine and alkylalde hyde P±96±0023 10/10/95 01/30/96 CBI (G) Ingredients for use in consumer (G) Alkyne products; highly dispersive use P±96±0024 10/10/95 01/30/96 CBI (G) Open, non-dispersive use (G) Modified acrylic polymer P±96±0025 10/10/95 01/30/96 CBI (G) Open, non-dispersive use (G) Modified acrylic polymer 39818 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

I. 311 Premanufacture Notices Received From 10/01/95 to 12/15/95ÐContinued

Projected Case No. Received Notice Manufacture/Importer Use Chemicals Date End Date

P±96±0026 10/10/95 01/30/96 CBI (G) Open, non-dispersive use (G) Modified acrylic polymer P±96±0027 10/10/95 01/30/96 CBI (G) Open, non-dispersive use (G) Modified acrylic polymer P±96±0028 10/10/95 01/30/96 CBI (G) Open, non-dispersive use (G) Modified acrylic polymer P±96±0029 10/10/95 01/30/96 CBI (G) Open, non-dispersive use (G) Modified acrylic polymer P±96±0030 10/12/95 02/01/96 Rohm Tech Inc. (G) (G) Acrylic polymer on the basis of 2- ethyl hexyl acrylate P±96±0031 10/13/95 02/02/96 E.I. duPont De Nemours (G) Surfactant for emulsion polym- (G) Fluoroalkyl sulfonic acid mixture and Company erizations P±96±0032 10/13/95 02/02/96 CBI (G) Macromonomer used in specialty (G) Monoalkenyl ester of methoxy- polymer poly(ethylene glycol) P±96±0033 10/12/95 07/17/96 Eastman Chemical Com- (S) Chemical intermediate (S) Cyclopropanecarboxaldehyde pany P±96±0034 10/13/95 02/02/96 CBI (G) Macromonomer used in specialty (G) Monoalkenyl ester of polymer poly(ethylene glycol) P±96±0035 10/13/95 02/02/96 CBI (S) Chemical intermediate (G) Fluoroalkyl thiocyanate P±96±0036 10/16/95 02/05/96 CBI (G) Anti punking thermosetting resin (G) Stablized phenol formaldehyde for insulation melamine urea resin P±96±0037 10/16/95 02/05/96 CBI (G) Anti punking thermosetting resin (G) Stablized phenol formaldehyde for insulation melamine resin P±96±0038 10/16/95 02/05/96 CBI (G) Coating component (G) Styrene maleic anhydride (sma) ammonium salt P±96±0039 10/17/95 02/06/96 Eastman Kodak Com- (G) Contained use in an article (G) Substituted amino phenoxy pany alkanoic acid derivative P±96±0040 10/16/95 02/05/96 CBI (G) Additive, open, non-dispersive (G) Styrene-maleic anhydrid copoly- use mer, reaction products with alco- holic compounds, salt with alkanolamine P±96±0041 10/16/95 02/05/96 CBI (G) Laminating adhesive (G) Epoxy-terminatedpolyester poly- mer P±96±0042 10/17/95 02/06/96 H.B. Fuller Company (S) Structual adhesive for (G) Isocyanate-terminated polyester assemmbling recreational vehicles polyurethane prepolymer P±96±0043 10/17/95 02/06/96 Huls America, Inc. (S) Flash rust inhibitor (S) Morpholine benzoate P±96±0044 10/16/95 02/05/96 CBI (G) Anti-punking agent for thermo- (G) Stabilized melamine formalde- setting resins hyde polymer P±96±0045 10/16/95 02/05/96 CBI (G) Binder for moisture-resistant man- (G) Modified melamine, formalde- ufactured board products hyde, urea polymer P±96±0046 10/18/95 02/07/96 CBI (G) Open, non-dispersive (G) Organo metallic compound P±96±0047 10/19/95 02/08/96 CBI (G) Open, non-dispersive use in a (G) Fatty acid modified polymer, coatings application amine salt P±96±0048 10/18/95 02/07/96 3M Company (G) Tape coating (G) Acrylate polymer, ammonium salt P±96±0049 10/19/95 02/08/96 S.C. Johnson and Sn, (G) Open, non-dispersive use (G) Styrene acrylic emulsion Inc. P±96±0050 10/19/95 02/08/96 S.C. Johnson and Son, (G) Open, non-dispersive use (G) Styrene acrylic emulsion Company P±96±0051 10/19/95 02/08/96 S.C. Johnson and Son, (G) Open, non-dispersive use (G) Styrene acrylic emulsion Company P±96±0052 10/19/95 02/08/96 S.C. Johnson and Son, (G) Open, non-dispersive use (G) Styrene acrylic emulsion Inc. P±96±0053 10/19/95 02/08/96 S.C. Johnson and Son, (G) Open, non-dispersive use (G) Styrene acrylic emulsion Company P±96±0054 10/19/95 02/08/96 S.C Johnson and Son, (G) Open, non-dispersive use (G) Styrene acrylic emulsion Company P±96±0055 10/19/95 02/08/96 S.C. Johnson and Son, (G) Open, non-dispersive use (G) Styrene acrylic emulsion Company P±96±0056 10/19/95 02/08/96 S.C. Johnson and Son, (G) Open, non-dispersive use (G) Styrene acrylic emulsion Company P±96±0057 10/19/95 02/08/96 S.C. Johnson and Son, (G) Open, non-dispersive use (G) Styrene acrylic emulsion Company P±96±0058 10/19/95 02/08/96 S.C. Johnson and Son, (G) Open, non-dispersive use (G) Styrene acrylic emulsion Inc. P±96±0059 10/19/95 02/08/96 S.C. Johnson and Son, (G) Open, non-dispersive use (G) Styrene acrylic emulsion Inc. P±96±0060 10/19/95 02/08/96 S.C. Johnson and Son, (G) Open, non-dispersive use (G) Styrene acrylic emulsion Company P±96±0061 10/20/95 02/09/96 CBI (S) Ingredient in antifoulant formula- (G) tions for aqueous systems P±96±0062 10/20/95 02/09/96 CBI (S) Ingredient in antifoulant formula- (G) tions for aqueous systems P±96±0063 10/23/95 02/12/96 3M Company (G) Adhesive (G) Copolymer with 2-propenoic acid P±96±0064 10/23/95 06/15/96 Henkel Corporation (S) Deinking agent (G) Complex ester alkoxylate Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39819

I. 311 Premanufacture Notices Received From 10/01/95 to 12/15/95ÐContinued

Projected Case No. Received Notice Manufacture/Importer Use Chemicals Date End Date

P±96±0065 10/23/95 02/12/96 Henkel Corporation (S) Intermediate (G) Complex ester P±96±0066 10/20/95 02/09/96 CBI (G) 10% dispersive use. 90% destruc- (G) Hydroxy functional polyester tive use P±96±0067 10/23/95 021296 Stepan Corporation (G) Elastomer (G) Modified polyol P±96±0068 10/20/95 02/09/96 CBI (G) Light duty detergent (G) Polyoxyethylene alkyl citrate sulfosuccinate P±96±0069 10/20/95 02/02/96 CBI (G) Light duty detergent (G) Polyoxyethylene alkyl citrate sulfosuccinate P±96±0070 10/20/95 02/02/96 CBI (G) Light duty detergent (G) Polyoxyethylene alkyl citrate sulfosuccinate P±96±0071 10/20/95 02/02/96 CBI (G) Light duty detergent (G) Polyoxyethylene alkyl citrate sulfosuccinate P±96±0072 10/20/95 02/02/96 CBI (G) Light duty detergent (G) Polyoxyethylene alkyl citrate sulfosuccinate P±96±0073 10/20/95 02/09/96 CBI (G) Light duty detergent (G) Polyoxyethylene alkyl citrate sulfosuccinate P±96±0074 10/20/95 02/09/96 CBI (S) Site-limited production intermedi- (G) Fatty alcohol esters ate P±96±0075 10/20/95 02/09/96 CBI (S) Site-limited production intermedi- (G) Fatty alcohol esters ate P±96±0076 10/20/95 02/09/96 CBI (S) Site-limited production intermedi- (G) Fatty alcohol esters ate P±96±0077 10/20/95 02/09/96 CBI (S) Site-limited production intermedi- (G) Fatty alcohol esters ate P±96±0078 10/20/95 02/09/96 CBI (S) Site-limited production intermedi- (G) Fatty alcohol esters ate P±96±0079 10/20/95 02/09/96 CBI (S) Site-limited production intermedi- (G) Fatty alcohol esters ate P±96±0080 10/20/95 02/09/96 CBI (S) Site-limited production intermedi- (G) Fatty alcohol esters ate P±96±0081 10/20/95 02/09/96 CBI (S) Site-limited production intermedi- (G) Fatty alcohol esters ate P±96±0082 10/20/95 02/09/96 CBI (S) Site-limited production intermedi- (G) Fatty alcohol esters ate P±96±0083 10/20/95 02/09/96 CBI (S) Site-limited production intermedi- (G) Fatty alcohol esters ate P±96±0084 10/20/95 02/09/96 CBI (S) Site-limited production intermedi- (G) Fatty alcohol esters ate P±96±0085 10/20/95 02/09/96 CBI (S) Site-limited production intermedi- (G) Fatty alcohol esters ate P±96±0086 10/20/95 02/09/96 CBI (S) Site-limited production intermedi- (G) Fatty alcohol esters ate P±96±0087 10/20/95 02/09/96 CBI (S) Site-limited production intermedi- (G) Fatty alcohol esters ate P±96±0088 10/20/95 02/9/96 CBI (S) Site-limited production intermedi- (G) Fatty alcohol esters ate P±96±0089 10/20/95 02/09/96 CBI (S) Site-limited production intermedi- (G) Fatty alcohol esters ate P±96±0090 10/20/95 02/09/96 CBI (S) Site-limited production intermedi- (G) Fatty alcohol esters ate P±96±0091 10/20/95 02/09/96 CBI (S) Site-limited production intermedi- (G) Fatty alcohol esters ate P±96±0092 10/20/95 02/09/96 CBI (G) Internal component of manufac- (G) Complex reaction product of 1,4- tured contained use-consumer arti- benzenediol, 2-(1,1,3,3- cle tetramethylbutyl)-and bis(dimethylaminosubstituted) carbomonocycle P±96±0093 10/23/95 02/12/96 Lonza, Inc. (G) Industrial: open non-dispersive (S) Benzenamine, 4,4′- use; commercial: non-dispersive or methylenebis[2-methyl-6- (1- destructive use methylethyl)] P±96±0094 10/23/95 02/12/96 Far Research, Inc. (S) Fluorinating agent for synthetic (S) N,N-diethylethanamine chemical production; cleaning agent trihydrofluoride for electronics applications P±96±0095 10/24/95 02/13/96 American Koyo Bearing (S) Ingredients for industrial lubricat- (G) Di-urea compounds Corporation ing grease P±96±0096 10/24/95 02/13/96 American Koyo Bearing (S) Ingredients for industrial lubricat- (G) Di-urea compounds Corporation ing grease P±96±0097 10/24/95 02/13/96 American Koyo Bearing (S) Ingredients for industrial lubricat- (G) Di-urea compounds Corporation ing grease 39820 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

I. 311 Premanufacture Notices Received From 10/01/95 to 12/15/95ÐContinued

Projected Case No. Received Notice Manufacture/Importer Use Chemicals Date End Date

P±96±0098 10/24/95 02/13/96 American Koyo Bearing (S) Ingredients for industrial lubricat- (G) Di-urea compounds Corporation ing grease P±96±0099 10/24/95 02/13/96 American Koyo Bearing (S) Ingredients for industrial lubricat- (G) Di-urea compounds Corporation ing grease P±96±0100 10/24/95 02/13/96 CBI (G) Automative paint (G) Acid-functional, hydroxy acrylic polymer P±96±0101 10/24/95 02/13/96 CBI (G) Automative paint (G) Acid-functional, hydroxy acrylic polymer P±96±0102 10/24/95 02/13/96 CBI (G) Automative paint (G) Acid-functional, hydroxy acrylic polymer P±96±0103 10/24/95 02/13/96 CBI (G) Automative paint (G) Acid-functional, hydroxy acrylic polymer P±96±0104 10/24/95 02/13/96 CBI (G) Automative paint (G) Acid-functional, hydroxy acrylic polymer P±96±0105 10/24/95 02/3/96 Akron, Inc. (G) Automative paint (G) Acid-functional, hydroxy acrylic polymer P±96±0106 10/24/95 02/13/96 CBI (G) Automative paint (G) Acid-functional, hydroxy acrylic polymer P±96±0107 10/24/95 02/13/96 CBI (G) Automative paint (G) Acid-functional, hydroxy acrylic polymer P±96±0108 10/24/95 02/13/96 CBI (G) Synthetic base stock (G) Polyalphaolefins P±96±0109 10/24/95 02/13/96 CBI (G) Synthetic base stock (G) Polyalphaolefins P±96±0110 10/24/95 02/13/96 CBI (G) Synthetic base stock (G) Polyalphaolefins P±96±0111 10/24/95 02/13/96 CBI (G) Synthetic base stock (G) Polyalphaolefins P±96±0112 10/24/95 02/13/96 CBI (G) Destructive use (G) Silane intermediate P±96±0113 10/24/95 02/13/96 CBI (G) Destructive use (G) Silane intermediate P±96±0114 10/24/95 02/13/96 E.I. DuPont De Nemours (G) Open, non-dispersive use (G) Silane functional diluent and Company, Inc. P±96±0115 10/24/95 02/13/96 CBI (G) Automotive paint (G) Acid-functional, hydroxy acrylic polymer P±96±0116 10/24/95 02/13/96 CBI (G) Automotive paint (G) Acid-functional, hydroxy acrylic polymer P±96±0117 10/24/95 02/13/96 CBI (G) Automotive paint (G) Acid-functional, hydroxy acrylic polymer P±96±0118 10/24/95 02/13/96 CBI (G) Automotive paint (G) Acid-functional, hydroxy acrylic polymer P±96±0119 10/24/95 02/13/96 CBI (G) Automotive paint (G) Acid-functional, hydroxy acrylic polymer P±96±0120 10/24/95 02/13/96 CBI (G) Automotive paint (G) Acid-functional, hydroxy acrylic polymer P±96±0121 10/24/95 02/13/96 CBI (G) Automotive paint (G) Acid-functional, hydroxy acrylic polymer P±96±0122 10/24/95 02/13/96 CBI (G) Automotive paint (G) Acid-functional, hydroxy acrylic polymer P±96±0123 10/25/95 01/26/96 CBI (G) Coating additive (S) 2-propanol, 1,3- bis(ethenylsulfonyl)- P±96±0124 10/24/95 02/13/96 CBI (S) Acid curable coatings for wooded (G) Plasticized urea-formaldehyde or fiberboard panels and paper laminates. P±96±0125 10/24/95 02/13/96 CBI (S) Acid curable coatings for wooded (G) Plasticized urea-formaldehyde or fiberboard panels and paper laminates. P±96±0126 10/24/95 02/13/96 CBI (G) Open, non-dispersive use (G) Polyester resin P±96±0127 10/25/95 02/14/96 FMC Corporation (G) Chemical intermediate (G) Halophenyl substituted triazolinone (benzotriazole) P±96±0128 10/25/95 02/14/96 FMC Corporation (G) Chemical intermediate (G) Halophenyl substituted triazolinone (benzotriazole) P±96±0129 10/25/95 02/14/96 FMC Corporation (G) Chemical intermediate (G) Nitrophenyl substituted triazolinone P±96±0130 10/25/95 02/14/96 FMC Corporation (G) Chemical intermediate (G) Aminophenyl substituted triazolinone P±96±0131 10/25/95 02/14/96 FMC Corporation (G) Chemical intermediate (G) Halophenyl substituted triazolinone (halobenztriazole) P±96±0132 10/25/95 02/14/96 CBI (G) Sie-limited intermediate (G) Alkenyl nitrile P±96±0133 10/25/95 02/14/96 E.I. DuPont De Nemours (G) Molding resin (G) Ethylene interpolymer and Company, Inc. P±96±0134 10/25/95 02/14/96 E.I. De Nemours and (G) Molding resin (G) Ethylene interpolymer Company, Inc. P±96±0135 10/25/95 02/14/96 DyStar L.P. (S) Coloration of cellulosic fibers (G) Substituted triphenodioxazinedisulfonic acid salt Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39821

I. 311 Premanufacture Notices Received From 10/01/95 to 12/15/95ÐContinued

Projected Case No. Received Notice Manufacture/Importer Use Chemicals Date End Date

P±96±0136 10/25/95 02/14/96 DyStar L.P. (S) Coloration of cellulosic fibers (G) Substituted triphenodioxazinedisulfonic acid salt P±96±0137 10/25/95 02/14/96 DyStar L.P. (S) Coloration of cellulosic fibers (G) Substituted triphenodioxazinedisulfonic acid salt P±96±0138 10/26/95 04/30/96 CBI (G) Open non-dispersive use (G) Polyester polyol P±96±0139 10/25/95 04/21/96 CBI (G) Wet end paper additive (G) Starch alkanoate ester, tri- alkylammoniumpropyl ether, chlo- ride P±96±0140 10/25/95 06/20/96 CBI (G) Wet end paper additive (G) Amylopectin, alkanoate ester, tri- alkylammoniumpropyl ether, chlo- ride P±96±0141 10/27/95 02/16/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0142 10/27/95 02/16/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0143 10/27/95 02/16/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0144 10/27/95 02/16/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0145 10/27/95 02/16/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0146 10/27/95 02/16/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0147 10/27/95 02/16/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0148 10/27/95 02/16/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0149 10/27/95 02/16/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0150 10/27/95 02/16/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0151 10/27/95 02/16/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0152 10/27/95 02/16/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0153 10/27/95 02/16/96 Bostik, Inc. (G) Open, non-disperive use (G) Water-based polyurethane P±96±0154 10/30/95 02/19/96 Percy International, Ltd. (S) Drying agent for solvents, pig- (S) 2-(3 heptl)-N-butyl-1,3-oxazolane ments, polyols and plasticisers P±96±0155 10/27/95 02/16/96 CBI (G) Additive, open, non-dispersive (G) Epoxy resin-fatty acids copolymer use P±96±0156 10/26/95 02/16/96 Lonza (G) Processing aid, dispersive use (S) 1,2,3-propanetriol,homopolymer, ester with C14±18 and C14±18 unsatu- rated fatty acids P±96±0157 10/31/95 02/20/96 CBI (S) Graphic arts printing plate (G) Oxirane, alkyl-, polymer with diisocyantomethyl benzene, hydro- hyroxy poly(oxy-1,4-butanediyl), hydroxy poly[oxy(methyl-1,2- ethanediyl)]and hydroxy alkyl meth- acrylate-blocked P±96±0158 10/25/95 02/14/96 Reichhold Corporation (G) Polyurethane hot melt reactive (G) Polyurethane adhesive adhesive P±96±0159 10/25/95 02/14/96 Reichhold Corporation (G) Polyurethane hot melt reactive (G) Polyurethane adhesive adhesive P±96±0160 10/25/95 02/14/96 Reichhold Corporation (G) Polyurethane hot melt reactive (G) Polyurethane adhesive adhesive P±96±0161 10/27/95 02/16/96 Percy International, Inc. (S) Modifying resin used in the manu- (S) Hezanedioic acid, polymer with facture of leather/fabric coatings, 1,4-butanediol, 2,2 dimethyl-1,3- printing inks and plastic coatings propanediol, 1,2-ethanediamine, 3- hydroxy-2-(hydroxymethyl)-2- methylpropanoic acid and 5- isocyanato-1-(isocyanatomethyl)- 1,3,3-trimethylcyclohexane, compound with ethanamine,N,N- diethyl- P±96±0162 10/30/95 08/01/96 CBI (G) Oil field treatment additive; deter- (G) Polyamino acid salt gent additive; metal working fluid additive P±96±0163 10/30/95 CBI (G) Synthetic high temperature lubri- (G) Pentaerythritol tetraesters with cant base stock mixed fatty acids 39822 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

I. 311 Premanufacture Notices Received From 10/01/95 to 12/15/95ÐContinued

Projected Case No. Received Notice Manufacture/Importer Use Chemicals Date End Date

P±96±0164 10/30/95 02/19/96 Shin-Etsu Silicones of (S) Coating materials (S) Polymer of: 2-propenoic acid, 2- America, Inc. methyl, 2-hydroxy ethyl ester; 2- propenoic acid, 2-methyl, methyl ester; 2-propenoic acid, 2-methyl, octadecyl ester P±96±0165 10/30/95 02/19/96 NYF America Corpora- (S) Organic filler for irregular refrac- (G) Acrylate copolymer tion New York tion P±96±0166 10/30/95 02/19/96 Asahi Chemical Industry (S) Lubricant for refrigerators and air (G) Polyfluoroalkoxy-phenyllalkane America, Inc. conditioners P±96±0167 11/01/95 02/21/96 Huls America, Inc. (G) Chemical intermediate (G) Isophorone diurethane P±96±0168 10/31/95 02/20/96 CBI (S) Laminating resins, low cost and (G) Unsaturated maleic acid modified low voc. polymer of mixed polyols and mixed dibasic acids P±96±0169 10/31/95 02/20/96 AKZO Nobel Resins (S) Resin used to mfg. industrial ctgs. (G) Hydroxy acrylic resin P±96±0170 10/31/95 02/20/96 AKZO Nobel Resins (S) Resin used to mfg. industrial ctgs. (G) Hydroxy acrylic resin P±96±0171 10/31/95 02/20/96 AKZO Nobel Resins (S) Resin used to mfg. industrial ctgs. (G) Hydroxy acrylic resin P±96±0172 11/01/95 02/21/96 CBI (S) Urethane foam catalyst (G) Mono and di-amine salt carboxylate P±96±0173 10/31/95 02/20/96 Nittobo america, Inc. (G) Polymeric binder (G) Propenyl amine, polymer P±96±0174 10/31/95 02/20/96 Henkel Corporation (S) Hot melt adhesive for footwear (G) Reactive polyurethane hot melt assenbly; hot melt adhesive for adhesive general product assembly P±96±0175 10/31/95 04/17/96 Chemetals Chemical (S) Cathode material for li-ion bat- (S) Lithium manganese oxide teries P±96±0176 11/02/95 02/22/96 CBI (S) Filler for thermoplastic resin (G) Organosilane surface-treared sili- cate P±96±0177 11/02/95 02/22/96 Callaway Chemical Com- (G) Surfactant (G) Alkoxylated fatty acid salt pany P±96±0178 11/03/95 02/23/96 Mitsubishi Gas Chemical (S) Semi-conductor cleaning solution (G) Quaternary ammonium salt America, Inc. P±96±0179 11/06/95 02/26/96 CBI (S) Paper dye (G) Bis(substituted)carbomonocyclic azo)-carbomonocyclicol P±96±0180 11/06/95 02/26/96 CBI (G) (G) Bis(substituted)carbomonocyclic azo)-carbomonocyclicol P±96±0181 11/06/95 02/26/96 CBI (G) (G) Bis(substituted)carbomonocyclic azo)-carbomonocyclicol P±96±0182 11/06/95 02/26/96 CBI (S) As a component of personal care (G) Complex reaction product of hy- lip balm. drogenated vegetable oil and syn- thetic c18 triglyceride P±96±0183 11/07/95 02/27/96 Hoechst Celanese Cor- (S) Pigment for printing ink; pigment (G) Substituted europium acetonate poration for plastic compounding P±96±0184 11/07/95 02/27/96 Ver-Tecj, Inc. (G) Resin component in an epoxy (S) Fats and glyceridic oils, vernonia based paint; polymer component in galamensis seed a structural epoxy plastic P±96±0185 11/06/95 07/06/96 CBI (G) Open, non-dispersive use (G) Modified acrylic polymer P±96±0186 11/06/95 07/06/96 CBI (G) Open, non-dispersive use (G) Modified acrylic polymer P±96±0187 11/06/95 07/06/96 CBI (G) Open, non-dispersive use (G) Modified acrylic polymer P±96±0188 11/08/95 02/28/96 CBI (G) Papermaking chemical (G) Copolymer of tetra alkylammonium chloride and dialkylammonium chloride P±96±0189 11/07/95 02/27/96 DIC Trading (USA) Inc. (S) Automobile parts coatings (G) Epoxy resin ester of acrylic acid and phosphoric acid P±96±0190 11/09/95 02/29/96 Ashland Chemical Com- (G) Open, dispersive use in molding (G) Unsaturated polyester pany operations P±96±0191 11/13/95 03/04/96 Wacker Chemical Com- (G) Masonry water repellent (S) Silane, triethoxyoctyl-,branched pany P±96±0192 11/13/95 03/04/96 CBI (G) Dye (G) Dihydropyrrol-2-ylidene derivative P±96±0193 11/13/95 03/04/96 DIC Trading Company, (G) Adhesive (G) Polyester polyurethane Inc. P±96±0194 11/13/95 03/04/96 Henkel Corporation (G) Concrete admixture (G) Plant acid salt P±96±0195 11/09/95 02/29/96 CBI (S) Intermediate for dye manufacture (G) Alkyldiurea P±96±0196 11/09/95 02/29/96 CBI (S) Intermediate for dye manufacture (G) 2,4,6-trisubstituted -pyrimi- dine,1,1′-(alkyldiyl)bis- P±96±0197 11/09/95 02/29/96 CBI (S) Paper dye (G) 1,1′-[alkanebic [(hexahydro-2,4,6- substituted-pyrimidinediyl)azo-phen- ylene]]bis[alkyl substituted hetrocyclic sulfonic acid Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39823

I. 311 Premanufacture Notices Received From 10/01/95 to 12/15/95ÐContinued

Projected Case No. Received Notice Manufacture/Importer Use Chemicals Date End Date

P±96±0198 11/09/95 02/29/96 CBI (S) Paper dye (G) 1,1′-[alkanebic [(hexahydro-2,4,6- substituted-pyrimidinediyl)azo-phen- ylene]]bis[alkyl substituted hetrocyclic sulfonic acid, alkanealkanolamine salt P±96±0199 11/20/95 03/11/96 CBI (G) Dye (G) Mixed sodium/lithium salt of a substituted naphthalene disulfonic acid P±96±0200 11/20/95 03/11/96 CBI (G) Printing ink resin (G) Polyurethane-urea P±96±0201 11/20/95 03/11/96 CBI (G) Lubricant additive (G) Substituted sulfide P±96±0202 11/20/95 03/11/96 CBI (G) Open, non-dispersive coating ad- (G) Polyester resin ditive P±96±0203 11/20/95 03/11/96 CBI (G) Resin for molded parts (G) Polyurethane prepolymer P±96±0204 11/20/95 02/17/96 Huls America Inc. (S) Pigment dispersant for color dis- (S) Poly(oxy-1,2-ethanediyl), alpha- persion isotridecyl-omega-hydroxy-, phos- phate, compound with N,N- dimethylsyclohexanamine P±96±0205 11/20/95 03/11/96 H.B. Fuller Company (S) Intermediate for the production of (G) Acrylate functionalized hexane a coating derivative P±96±0206 11/20/95 05/30/96 H.B. Fuller Company (S) Intermediate for the production of (G) Acrylate and alkyl functionalized a coating triazine derivative P±96±0207 11/20/95 03/11/96 CBI (G) Intermediate for manufacture of (G) Aralkylphenolic protective coatings P±96±0208 11/20/95 03/11/96 CBI (G) Intermediate for manufacture of (G) Propoxylated aralkyl phenolic protective coatings P±96±0209 11/20/95 03//11/96 CBI (G) Pigment dispersant (G) Ammonium poly acrylate P±96±0210 11/20/95 03/11/96 CBI (S) Resin for printing inks (G) Phenolic modified hydrocarbon resin P±96±0211 11/20/95 03/11/96 CBI (S) Resin for printing (G) Phenolic modified hydrocarbon resin P±96±0212 11/20/95 03/11/96 CBI (S) Resin for printing (G) Phenolic modified hydrocarbon resin P±96±0213 11/20/95 03/11/96 CBI (S) Resin for printing (G) Phenolic modified hydrocarbon resin P±96±0214 11/20/95 03/11/96 CBI (S) Resin for printing (G) Phenolic modified hydrocarbon resin P±96±0215 11/20/95 03/11/96 CBI (S) Resin for printing (G) Phenolic modified hydrocarbon resin P±96±0216 11/20/95 03/11/96 CBI (S) Resin for printing (G) Phenolic modified hydrocarbon resin P±96±0217 11/20/95 03/11/96 CBI (S) Resin for printing (G) Phenolic modified hydrocarbon resin P±96±0218 11/20/95 03/11/96 CBI (S) Resin for printing (G) Phenolic modified hydrocarbon resin P±96±0219 11/20/95 03/11/96 CBI (S) Resin for printing (G) Phenolic modified hydrocarbon resin P±96±0220 11/20/95 03/11/96 CBI (S) Resin for printing (G) Phenolic modified hydrocarbon resin P±96±0221 11/20/95 03/11/96 CBI (S) Resin for printing (G) Phenolic modified hydrocarbon resin P±96±0222 11/20/95 03/11/96 CBI (S) Resin for printing (G) Phenolic modified hydrocarbon resin P±96±0223 11/20/95 03/11/96 CBI (S) Resin for printing (G) Phenolic modified hydrocarbon resin P±96±0224 11/20/95 03/11/96 CBI (S) Resin for printing (G) Phenolic modified hydrocarbon resin P±96±0225 11/20/95 03/11/96 CBI (S) Colorant for thermoplastic resins (G) Substituted phthaloperine P±96±0226 11/20/95 03/11/96 CBI (G) Site limited reaction intermediate (G) Unsaturated cyclic ether P±96±0227 11/21/95 03/12/96 CBI (G) Industrial intermediate (G) Metalated alkylphenol copolymers compounded with pigments and binders which is heat treated when coated onto substrates (open, non- disperse use: coating). P±96±0228 11/22/95 03/13/96 CBI (G) Open, non-dispersive (G) Water thinnable polyacrylate con- taining hydroxyl groups. P±96±0229 11/22/95 03/13/96 CBI (G) Consumer article component (G) N-(3-phenylpropyl) alkyl pyridin- ium bromide 39824 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

I. 311 Premanufacture Notices Received From 10/01/95 to 12/15/95ÐContinued

Projected Case No. Received Notice Manufacture/Importer Use Chemicals Date End Date

P±96±0230 11/22/95 03/13/96 CBI (S) Component of an industrial coat- (S) 2,5-furandione, reaction products ing that cures under exposure to with butyl alcohol and 2,2′-[(1- ultra-violet or electron beam. methylethylidene)bis(4,1- phenyleneoxy)]bis[ethanol] P±96±0231 11/22/95 03/13/96 CBI (G) Additive, open, non-dispersive (G) Acrylic acid ester copolymer, polyoxyethylene modified P±96±0232 11/22/95 03/13/96 CBI (G) Open, non-dispersive use (G) Modified acrylic polymer P±96±0233 11/22/95 03/13/96 CBI (G) Open, non-dispersive use (G) Modified acrylic polymer P±96±0234 11/22/95 03/13/96 Nagese America Cor- (S) Developer for thermal printing (S) Benzamide, 2,4,-dihydroxy-N-(2- poration paper methoxyphenyl) P±96±0235 11/21/95 03/12/96 CBI (S) Auxiliary finishing for leather (G) Polyurethane P±96±0236 11/22/95 03/12/96 Shin-Etsu Silicones of (S) Ingredient for rubber compounds (S) 1-tridecyn-3-ol, 3-methyl- America, Inc. P±96±0237 11/22/95 03/13/96 Shin-Etsu Silicones of (S) Ingredient for rubber compounds (S) 3,5- America, Inc. tetrasiloxanediol,1,1,1,3,5,7,7,7- octamethyl P±96±0238 11/24/95 03/15/96 CBI (G) Dye (G) An azo monochloro triazine reac- tive dye P±96±0239 11/24/95 03/15/96 CBI (G) Open non-dispersive (G) Sulfonated polystrene P±96±0240 11/28/95 03/19/96 Amoco Corporation (S) Engineering polymers for use in (G) Polyamide-styrenic elastomer the manufacture of articles block copolymer P±96±0241 11/28/95 03/19/96 Amoco Corporation (S) Engineering polymers for use in (G) Polyamide polyolefin block co- the manufacture of articles polymer P±96±0242 11/28/95 03/19/96 Amoco Corporation (S) Engineering polymers for use in (G) Polyamide polyphthalamide block the manufacture of articles copolymer P±96±0243 11/27/95 03/18/96 Allied Signal Corporation (G) Fluorinated coating (G) Fluorinated, isocyanate termi- nated polyurethane prepolymer P±96±0244 11/24/95 03/1596 Werner G. Smith, Inc. (S) To be bi-sulfited for use in leather (S) Oils, sunflower, oxidized treating chemicals P±96±0245 11/22/95 03/13/96 CBI (G) Consumer article component (G)N-2(1,3-dioxanyl)-ethyl, alkyl pyri- dinium bromide P±96±0246 11/29/95 03/20/96 CBI (S) Reactive adhesive for metal work- (G) Polyurethane methacrylate ing industry; reactive adhesive for plastics industry P±96±0247 11/29/95 03/20/96 Dow Corning Corporation (S) Silicone frabric softener (G) Ammonium-functional siloxane P±96±0248 11/29/95 03/20/96 CBI (S) Leather finishing (G) Alkanoic acid, hydroxy- (hydroxyalkyl)-alkyl-, polymer with alkylamine, hydro- hydroxy[poly(alkyl-1,2-alkanediyl)], and 1,1′-methylenebis (isocyanato cycloalkane), compound with alkyldiamine P±96±0249 11/27/95 05/15/96 CBI (G) Friction material (G) Potassium titanate P±96±0250 11/29/95 03/20/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0251 11/29/95 03/20/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0252 11/29/95 03/20/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0253 11/29/95 03/20/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0254 11/29/95 03/20/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0255 11/29/95 03/20/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0256 11/29/95 03/20/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0257 11/29/95 03/20/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0258 11/29/95 03/20/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0259 11/29/95 03/20/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0260 11/29/95 03/20/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0261 11/29/95 03/20/96 CBI (G) Component of coating with open (G) Neutralized waterborne acrylic use polymer P±96±0262 12/04/95 05/24/96 CBI (S) Bifunctional crosslinking agent (G) Acryl allyloxy peg 400 alpha, omega-bis(alkenyl)polyglycol Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39825

I. 311 Premanufacture Notices Received From 10/01/95 to 12/15/95ÐContinued

Projected Case No. Received Notice Manufacture/Importer Use Chemicals Date End Date

P±96±0263 12/04/95 03/25/96 CBI (G) Macromonomer used in specialty (G) Monoalkenyl ester of polymer poly(ethylene glycol) P±96±0264 12/05/95 03/26/96 CBI (G) Additive fir oil well cement (S) Ethylenediaminetetramethylenepho- sphonic acid, penta sodium salt P±96±0265 12/04/95 03/25/96 Bedoukian Research, (S) Chemical intermediate, use of in- (G) Trialkoxy substitute alkane Inc. termediate discussed separately P±96±0266 12/04/95 03/25/96 Henkel Corporation (G) Concrete admixture (G) Plant acid salt P±96±0267 12/05/95 103/26/96 Goldschmidt Chemical (G) Open, none dipersive use (G) Alkyl modified polyacrylate Corporation P±96±0268 12/05/95 03/26/96 Goldschmidt Chemical (G) Open, none dispersive use (G) Alkyl modified polyacrylate Company P±96±0269 12/05/95 03/26/96 Goldschmidt Chemical (G) Open, none dispersive use (G) Acryl modified polysiloxane Company P±96±0270 12/05/95 03/26/96 Goldschmidt Chemical (G) Open, none dispersive use (G) Acrylmodified polysiloxane Corporation P±96±0271 12/05/95 03/26/96 Goldschmidt Chemical (G) Open, none dispersive use (G) Organomodified polysiloxane Company P±96±0272 12/04/95 03/25/96 Uniroyal Chemical Com- (S) Industrial parts-squeegees; indus- (G) Mdi polyester prepolymer pany trial rollers P±96±0273 12/05/95 03/26/96 E.I. DuPont De Nemours (G) Destructive use - raw material (G) Chlorocarbon and Company P±96±0274 12/05/95 03/26/96 Dow Chemical Company (G) Additive for polyurethane (G) Polymeric isocyanate prepolymer elastomers P±96±0275 12/05/95 03/26/96 Dow Chemical Company (S) Flexible shoe bladders; flexible (G) Thermoplastic mdi based poly- hydraulic bladder urethane resin P±96±0276 12/05/95 03/26/96 Exxon Chemical Com- (S) Polymerization catalyst (G) Aluminum organometallic pany compound P±96±0277 12/04/95 03/25/96 Percy International, LTD (S) Epoxy resin curing agent in water (S) Polymer of 1,2-ethanediamine,N- (2-aminoethyl)-N′-[2-[(2- aminoethyl)amino]ethyl]-; a- (oxiranylmethyl)-w- (oxiranylmethoxy)poly[oxy(methyl- 1,2-ethanediyl)]; oxirane,2,′-[(1- methylethylidene)bis(4,1- phenyleneoxymethylene)]bis-; oxirane,2,2′-[methylenebis(4,1- phenyleneoxymethylene)]bis-; oxirane,[(2-methylphenoxy)methyl]-; 1,2-ethanediamine,N,N′-bis(2- aminoethyl)- P±96±0278 12/06/95 03/27/96 Unichema North America (S) Lubricant base fluid (S) Hexanoic acid, 2-ethyl-, 1,2,3- propanetriyl ester P±96±0279 12/06/95 03/27/96 Unichema North America (G) (S) Decanedioic acid, mixed 2- ethylhexyl and 3,5,5-trimethylhexyl esters P±96±0280 12/06/95 03/27/96 Unichema North America (S) Lubricant base fluid (S) Fatty acids, C4±18 and C18- unsatd., branched and linear, 2- ethylhexyl esters P±96±0281 12/06/95 03/27/96 Unichema North America (S) Lubricant base fluid (S) Fatty acids, C18-unsaturated, dimers, hydrogenated, diisooctadecyl esters P±96±0282 12/06/95 03/27/96 Unichema North America (S) Lubricant base fluid (S) Fatty acids,C18-unsaturated, dimers, hydrogenated, diisooctadecyl esters P±96±0283 12/06/95 03/27/96 Asaahi Chemical Indus- (S) Antistatic agent for plastics (S) Poly(oxy-1,2-ethanediyl), .alpha.- try America, Inc. hydro-.omega.-hydroxy-; 1,2,4- benzenetricarboxylic acid; 2h- azepin-2-one, hexahydro-; ben- zene, 1,1′-methylenebis[4- isocyanato- P±96±0284 12/08/95 03/29/96 CBI (G) Electrostatic powder coating (G) Saturated polyester P±96±0285 12/11/95 06/30/96 CBI (G) Low foam nonionic surfactant (G) Alcohol alkoxylate P±96±0286 12/11/95 04/01/96 Olin Corporation (S) Chemical intermediate (G) Hydroxyaromatic alkyl ketone P±96±0287 12/08/95 03/29/96 CBI (S) Reactive adhesive for metalwork- (G) Polyurethane methacrylate ing industry; reactive adhesive for plastics industry P±96±0288 12/08/95 03/29/96 Allied Signal Inc. (S) Ion exchange material (S) Sodium titanium oxide (Na4Ti9020) 39826 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

I. 311 Premanufacture Notices Received From 10/01/95 to 12/15/95ÐContinued

Projected Case No. Received Notice Manufacture/Importer Use Chemicals Date End Date

P±96±0289 12/08/95 03/29/96 CBI (G) Open, non-dispersive (G) Polyester poloyl P±96±0290 12/12/95 04/02/96 CBI (G) Ingredient for use in consumer (G) Alkenal products; highly dispersive use. P±96±0291 12/13/95 06/29/96 Unichema North America (S) Lubricant base fluid (S) Fatty acids, coco, 2-ethylhexyl esters P±96±0292 12/12/95 04/02/96 H.B. Fuller Company (S) Powder-coating catalyst (G) Substituted aminium carboxylic acid salt P±96±0293 12/12/95 04/02/96 H.B. Fuller Company (S) Powder-coating catalyst (G) Substituted aminium carboxylic acid salt P±96±0294 12/12/95 04/02/96 H.B. Fuller Company (S) Powder-coating catalyst (G) Substituted aminium carboxylic acid salt P±96±0295 12/12/95 04/02/96 H.b. Fuller Company (S) Powder-coating catalyst (G) Substituted aminium carboxylic acid salt P±96±0296 12/12/95 04/02/96 E.I. DuPont De Nemours (G) Chemical intermediate (G) Bis substituted amino carboxylic and Company acid salt P±96±0297 12/12/95 05/30/96 E.I. DuPont De Nemours (G) Paper fluoridizer (G) Substituted amino carboxylic acid and Company salt P±96±0298 12/13/95 04/03/96 United Color Manufactur- (G) Dye for organic solvent systems, (G) 9,10 anthracenedione, 1,5- ing, Inc. especially lubricating oils (automatic diamino-,N,N′-mixed alkyl deriva- transmission fliud) and thermo- tives. plastic polymers, especially poly- styrene, acrylics and polycarbonates P±96±0299 12/14/95 04/04/96 Shin-Etsu Silicones of (S) Texile finishing agent (S) Polymer of: siloxanes and sili- America, Inc. cones, 3-[(2- aminoethyl)amino]propyl me, di-me, methoxy-terminated; poly(oxy-1,2- ethanediyl), .alpha. -butyl- .omega-. (oxiranylmethoxy)- P±96±0300 12/12/95 04/02/96 Shell Chemical Company (S) Heavy duty liquid laundry deter- (S) Ethanol, 2-amino-, compounds. gent with polyethylene glycol hydrogen sulfate C12±15-alkyl ethers P±96±0301 12/12/95 04/02/96 CBI (G) Organic semiconductor (G) Bisazopigment P±96±0302 12/11/95 04/01/96 Olin Corporation (S) Chemical intermediate (G) Poly(hydroxyphenyl) alkene P±96±0303 12/12/95 04/02/96 CBI (G) Electrodeposition coating (G) Acrylic-epoxy polymer salt P±96±0304 12/12/95 04/02/96 CBI (G) Electrodeposition coating (G) Acrylic-epoxy polymer salt P±96±0305 12/15/95 04/05/96 3M (G) Adhesive (G) P±96±0306 12/15/95 04/05/96 CBI (G) Chemical intermediate with de- (G) Amine diol structive use P±96±0307 12/15/95 04/05/96 CBI (G) Chemical intermediate with de- (G) Amine diol structive use P±96±0308 12/15/95 04/30/96 CBI (G) Chemical intermediate with de- (G) Amine diol structive use P±96±0309 12/15/95 04/05/96 CBI (G) Chemical intermediate with de- (G) Amine diol structive use P±96±0321 12/13/95 04/03/96 CBI (G) Open, non-dispersive uses (G) Polyisocyanate polyol prepolymer; polyurethane adhesive P±96±0355 12/14/95 04/09/95 Nagese America Cor- (G) Texture finish (G) 2-butanone oxime blocked poration isocyanate

II. 176 Notices of Commencement Received From 10/01/95 to 12/15/95

Commencement Case No. Received Date Date Chemical

P±85±1195 11/13/95 10/24/95 (G) Partially silylated aliphatic isocyanate oligomer P±90±0157 10/13/95 09/21/95 (S) 1,4-Benzenedicarboxylic acid, polymer with 1,1′-(1-methyl- ethylidene)bis (4,1-phenylene)bis (2-propanol) P±91±0757 10/10/95 09/16/95 (G) Alkyldialkoxysilane P±92±0060 09/20/95 08/28/95 (S) Dipentene, polymer with other terpenes, hydrogenated P±92±1131 11/20/95 11/09/95 (G) Polyoxyalkylene substituted aromatic azo colorant P±92±1132 11/20/95 11/09/95 (G) Polyoxyalkylene substituted aromatic azo colorant P±92±1452 12/12/95 11/17/95 (G) Alkarylsubstituted benzofuranone P±92±1460 10/31/95 10/14/95 (G) Polyester resin P±92±1461 10/31/95 10/14/95 (G) Polyester resin salt P±93±0337 11/28/95 11/14/95 (G) Modified polymeric MDI P±93±0508 10/05/95 08/28/95 (G) Alkyl silane ester P±93±0528 10/26/95 10/23/95 (G) Acrylic copolymer Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39827

II. 176 Notices of Commencement Received From 10/01/95 to 12/15/95ÐContinued

Commencement Case No. Received Date Date Chemical

P±93±0669 11/13/95 10/27/95 (G) Silylated aliphatic polyurea lacquer P±93±0750 11/07/95 10/11/95 (G) 2H-pyran-4-ol, tetrahydro-alkyl-disubstituted-, alkanoate P±93±0886 12/05/95 11/21/95 (G) Substituted resorcinol P±93±0951 11/22/95 10/20/95 (G) Polyurethane salt P±93±1607 10/25/95 08/16/95 (G) Peroxy carboxylic acid P±93±1653 10/13/95 09/12/95 (G) Saturated polyester P±94±0058 08/31/94 08/23/94 (G) Trisbstituted naphthalene disulfonic acid P±94±0321 10/13/95 08/18/95 (S) Phosphorus acid, bis [2,4-bis(1,1-dimethylethyl)-6-methylphenyl] ethyl ester P±94±0273 10/23/95 09/28/95 (G) Fluorinated acrylic copolymer P±94±0335 11/28/95 11/16/95 (G) Acrylic copolymer P±94±0510 10/11/95 09/06/95 (G) Hydroxy acrylic polymer P±94±0657 10/31/95 10/19/95 (G) Oil free polyester P±94±0925 11/07/95 10/04/95 (G) Polyol ester P±94±0926 11/07/95 10/04/95 (G) Polyol ester P±94±1453 11/20/95 10/19/95 (G) Hydrochlorofluorocarbon P±94±1487 12/04/95 11/06/95 (G) Thia alkanethiol P±94±1516 12/12/95 11/28/95 (G) Polyolefin phenolic amide P±94±1635 12/14/95 12/05/95 (S) Fatty acids, C16±18 and C18-unsatd., branched and linear, methyl esters P±94±1783 11/03/95 10/24/95 (G) Short oil alkyd resin P±94±1875 11/21/95 11/03/95 (G) Sulfonated acrylate polymer P±94±1876 11/21/95 11/03/95 (G) Sulfonated acrylate polymer P±94±1877 11/21/95 11/03/95 (G) Sulfonated acrylate polymer P±94±1878 11/21/95 11/03/95 (G) Sulfonated acrylate polymer P±94±1879 11/21/95 11/03/95 (G) Sulfonated acrylate polymer P±94±1880 11/21/95 11/03/95 (G) Sulfonated acrylate polymer P±94±1924 10/31/95 10/12/95 (G) Isocyanate terminated polyurethane P±94±2031 10/17/95 09/25/95 (G) Formaldehyde, polymer with branched 4-nonyl phenol and substituted phenol P±94±2034 10/17/95 09/25/95 (G) Formaldehyde, polymer with branched 4-nonyl phenol, substituted phenol methyl oxirane and oxirane P±94±2104 11/07/95 10/19/95 (G) Polyalkylpolymethacrylate P±94±2215 12/04/95 11/03/95 (G) Unsaturated alkyl aromatic ether P±94±2216 12/04/95 11/03/95 (G) Substituted phenol P±94±2217 12/04/95 11/03/95 (G) Substituted phenol P±94±2238 11/07/95 10/09/95 (G) Water borne polyuethane dispersion P±95±0086 10/20/95 10/13/95 (G) Benzenesulfonic acid amino substituted phenyl azo P±95±0091 10/20/95 09/15/95 (S) Poly (oxy-1,2-ethanediyl, alpha-phosphono-omega-(hexyloxy)-, diammonium, salt and, Poly (oxy-1,2-ethanediyl), [alpha, alpha'- phosphonicobis] omega-(hexyloxy)-, ammonium salt P±95±0095 11/08/95 10/23/95 (G) Urethane adduct of polyvinyl butyral polymer and isocyanatoethyl meth- acrylate P±95±0145 10/06/95 09/29/95 (G) Hexanedioic acid dialkyl ester P±95±0146 10/06/95 10/03/95 (G) Molybdenum dialkyl dithiophosphate P±95±0148 10/06/95 09/29/95 (G) Poly (quarternary ammonium salt) grafted styrene acrylate copolymer P±95±0167 10/06/95 10/03/95 (G) Alkenyl succinic acid, ester with polyhydric alcohol P±95±0168 10/26/95 1018/95 (S) Phosphonic acid, 1,1-methylenebis-tetrakis(1-methylethyl) ester P±95±0175 12/04/95 11/03/95 (G) Substituted purine, metal salt P±95±0179 12/05/95 11/03/95 (S) A polymer of: terephthalic acid; 2,6-naphthalene dicarboxylic acid; 1,4- hydroquinone; p-hydroxybenzoic acid; acetic anhydride P±95±0244 11/20/95 10/18/95 (G) Sodium group iva metal hydroxyalkanoate P±95±0259 12/05/95 11/16/95 (S) A polymer of: dichlorosilane; ammonia P±95±0324 10/17/95 09/22/95 (G) Substituted benzene metal halide salt P±95±0325 10/17/95 09/22/95 (G) Substituted benzene metal halide salt P±95±0326 10/17/95 09/22/95 (G) Substituted benzene metal halide salt P±95±0342 10/17/95 09/21/95 (G) Modified amidoamine P±95±0358 11/20/95 11/10/95 (G) Cyclohexyl alkyl ether propionate P±95±0410 10/06/95 09/27/95 (G) Allyl ester oligomer P±95±0429 12/14/95 11/16/95 (G) Polyurethane polymer P±95±0446 10/13/95 10/06/95 (G) Amime epoxy curing agent P±95±0513 11/08/95 10/10/95 (G)N-[2-[(substituted dinitrophenyl)azo]-diallylamino-4-substituted phenyl]-acet- amide P±95±0518 10/19/95 10/03/95 (G) Water soluble polymer containing oxazoline group P±95±0538 10/11/95 10/02/95 (S) 2-naphthalenol, 1-[(4-phenylazo)phenyl)azo-, ar-heptyl, ar′,ar′′-methyl de- rivatives P±95±0539 10/16/95 09/18/95 (G) Acrylate functional polyurethane resin P±95±0541 10/17/95 10/07/95 (G) Aspartic ester P±95±0546 10/10/95 05/05/95 (S) 2-Propenoic acid, 2-methyl-, butyl ester, polymer with 2-ethylhexyl 2- propenoate, 2-hydroxyethyl 2-methyl-2-propenoate, methyl 2-methyl-2- propenoate and propenoic acid 39828 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

II. 176 Notices of Commencement Received From 10/01/95 to 12/15/95ÐContinued

Commencement Case No. Received Date Date Chemical

P±95±0615 11/28/95 11/08/95 (S) Polymer of rosin, maleated, polymer with bisphenol a, and formaldehyde; potassium hydroxide P±95±0617 10/24/95 10/06/95 (G) Methacrylic acid copolymer salt P±95±0625 11/29/95 10/23/95 (G) Acrylic resin P±95±0731 12/12/95 11/06/95 (G) Chloroalkyl alcohol P±95±0751 11/13/95 10/26/95 (S) A polymer of: linseed oil fatty acid; bisphenol a-diglycidyl ether; versatic acid diglycidyl ester; toluenediisocyanate; ammonia water; 2,2- dimethylolpropionic acid P±95±0884 11/01/95 08/31/95 (G) Dioctylthiophosphorylpolysulfide P±95±0897 10/17/95 10/03/95 (G) Fatty acids, C18-unsatd., dimers, polymers with ethylenediamine, dibasic acid and a diamine P±95±0950 11/22/95 10/23/95 (G) Polymer of polyisocyanate, blocked with hydroxy ester of carbamic acid and alcohol P±95±1031 10/13/95 09/24/95 (S) 7H (1)benzopyrano (3′, 2′:3,4) pyrido (1,2a) benzimidazole-6-carbonitrile, 3-(diethylamino)-7-oxo- P±95±1034 10/17/95 10/07/95 (G) Aqueous polyester polyurethane dispersion P±95±1035 10/05/95 09/23/95 (G) Aqueous aliphatic urethane stoving resin P±95±1043 12/12/95 12/07/95 (G) Bis (substituted) carbomonocyclic azo)-carbomonocyclicol P±95±1044 12/12/95 12/07/95 (G) Bis (substituted) carbomonocyclic azo)-carbomonocyclicol P±95±1045 12/12/95 12/07/95 (G) Bis (substituted) carbomonocyclic azo)-carbomonocyclicol P±95±1046 12/15/95 12/08/95 (G) Aryl alkyl phosphite P±95±1056 11/08/95 10/07/95 (G) Epoxy resin salt P±95±1058 12/07/95 11/07/95 (G) Epoxy resin salt P±95±1102 10/04/95 09/12/95 (G) Novolac-resin from substituted phenols and formaldehyde P±95±1103 10/04/95 09/15/95 (G) Substituted resolcinol P±95±1104 10/04/95 09/15/95 (G) Substituted resorcinol P±95±1106 10/25/95 11/20/95 (S) 2,2,4-trifluoro-5-trifluoromethoxy-1,3-dioxole P±95±1111 10/20/95 07/20/95 (G) Functionalized elastomeric-epoxy copolymer P±95±1199 11/22/95 11/02/95 (G) Aqueous emulsion of octyltriethoxysilane P±95±1200 10/04/95 09/15/95 (G) Novolac-resin from substituted phenols and formaldehyde P±95±1203 11/22/95 10/24/95 (S) A polymer of: N,N-diethylethanolamine (deea) 2-diethylaminoethanol: poly(isobutylene)-succinic anhydride P±95±1207 12/05/95 11/17/95 (G) Poly(alkylmethyacrylate) P±95±1232 11/22/95 11/07/95 (G) Epoxy curing agent P±95±1238 11/08/95 10/27/95 (G) Cobalt chelated salt P±95±1239 11/08/95 10/27/95 (G) Cobalt chelated salt P±95±1243 10/12/95 10/03/95 (G) Substituted alkylbenzene P±95±1333 12/15/95 12/14/95 (S) FL-7 contains 15±25% dipotassium pentafluoro aluminate monohydrate and 75±85% potassium aluminum fluoride P±95±1339 10/24/95 10/08/95 (G) Ethoxylated fatty imidazoline salt P±95±1348 12/11/95 11/30/95 (S) Glycerides, C8±21 and C8±21 unsaturated mono- and di-, acetates P±95±1349 11/20/95 10/18/95 (G) Heterocyclic aromatic ester P±95±1351 10/03/95 09/15/95 (G) Substituted polyoxyalkylene colorant P±95±1355 12/06/95 11/21/95 (G) Modified alkyl resin, salt with dimethyl ethanol amine P±95±1357 10/17/95 09/20/95 (S) Hydrolyzed polymer of N-vinylformamide, with acrylonitrile and hydro- chloric acid P±95±1364 10/03/95 09/18/95 (G) Copolymer of acrylic and methacrylic esters P±95±1378 11/28/95 11/15/95 (G) 2-Ethylhexylacrylate, polymer with methacylic acid, acrylic acid, styrene and methylmethacrylate P±95±1387 10/13/95 08/31/95 (G) Organopolysiloxane P±95±1388 10/13/95 08/31/95 (G) Organopolysiloxane P±95±1389 10/17/95 09/29/95 (G) Mixed esters of poly(hydroxyphenyl)alkane and diazonaphthalene sulfonyl chloride P±95±1391 12/05/95 11/21/95 (G) Substituted pyrogallol P±95±1392 10/04/95 09/15/95 (G) Substituted xylenol P±95±1393 10/06/95 09/29/95 (G) Fatty acids, dimers, reaction products with fatty acids, trimers and polyamine P±95±1401 10/23/95 09/27/95 (G) Pyrrolidinobenzimidazolium salt P±95±1420 12/13/95 11/17/95 (G) Polyhydroxy polyphosphate ester salt P±95±1426 11/02/95 10/06/95 (G) Acid functional acrylic polymer P±95±1427 10/17/95 09/15/95 (G) Acid functional acrylic polymer P±95±1428 11/22/95 10/24/95 (G) Acid functional acrylic polymer P±95±1434 10/10/95 09/21/95 (G) Acid functional acrylic polymer P±95±1437 10/17/95 09/22/95 (G) Hydroxy functional acrylic P±95±1449 10/19/95 10/04/95 (G) Neutralized water basied acid functional polymer P±95±1466 12/04/95 11/06/95 (G) Substituted aromatic aldehyde P±95±1506 10/30/95 10/03/95 (G) Triazinylamino-substituted sulfonated bisazobenzene compound P±95±1512 12/07/95 11/17/95 (G) Monosubstitutedtetrazole P±95±1516 11/01/95 10/25/95 (G) Fatty acids, unsaturated, reaction products with unsaturated heterocycle, compds. with alkanolamine Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39829

II. 176 Notices of Commencement Received From 10/01/95 to 12/15/95ÐContinued

Commencement Case No. Received Date Date Chemical

P±95±1517 10/06/95 09/25/95 (G) Fatty acids, unsaturated, reaction products with alkylamine and unsatu- rated heterocycle P±95±1518 10/18/95 10/16/95 (G) Fatty acids, unsaturated, reaction products with unsaturated heterocycle and ethoxylated alkylamine P±95±1520 10/24/95 09/26/95 (G) Disubstituted phenylaminobenzene azo substituted phenol P±95±1522 10/05/95 09/15/95 (G) Polyurethane polyurea dispersion P±95±1528 10/06/95 09/24/95 (G) Metallized azo yellow pigment P±95±1529 10/17/95 09/27/95 (G) Gas generant P±95±1559 12/13/95 11/28/95 (S) Phenol, 2-(1-methyl-1-phenylethyl)-6-[(nitrophenyl) azo]-4-(1,1,3,3,3- tetramethylbutyl)- P±95±1562 11/07/95 10/24/95 (G) Amine functional epoxy resin salted with an organic acid P±95±1568 11/01/95 10/23/95 (S) 1-naphthalenepropanol, alpha-ethenyldecahydro-alpha, 5,5,8a-tetramethyl- 2-methylene-, ((S-[1alpha(s),4abeta,8aalpha]]- P±95±1569 11/01/95 10/23/95 (S) (5s,8r,9r,10s,13r)-8,20-epoxy-13-hydroxy-14-labdane P±95±1570 11/01/95 10/23/95 (S) (5s,8r,9r,10s)-8,20-epoxy-14,15-bisnorlabdane-13-one P±95±1571 11/01/95 10/27/95 (G) Substituted-dialkyl benzenedicarboxylate P±95±1573 11/28/95 11/14/95 (G) Substituted-dialkyl benzenedicarboxylate P±95±1575 10/20/95 10/10/95 (G) Substituted monocycle)azo- (hydroxy-sulfonamidophenyl)azo-hydroxy- sulfonaphthalene, chromium complex, sodium salts P±95±1576 10/20/95 10/10/95 (G) (substituted monocycle)azo- (hydroxy-sulfonamidophenyl)azo-hydroxy- sulfonaphthalene, chromium complex, sodium salts P±95±1577 10/20/95 10/10/95 (G) (substituted monocycle)azo- (hydroxy-sulfonamidophenyl)azo-hydroxy- sulfonaphthalene, chromium complex, sodium salts P±95±1587 10/24/95 10/01/95 (S) 1h-indene, 3,3′-(1,2-ethanediyl)bis- P±95±1588 11/20/95 10/24/95 (G) Polysulfo-trisubstituted heteromonocylcle heteromonocycle, [[(substituted)- disubstituted-heteromonocycle]alkenylidene]-, alkali metal salt P±95±1594 11/24/95 11/03/95 (G) Thermoplastic mdi based polyurethane resin P±95±1597 10/24/95 10/04/95 (G) Naphthaquinone diazide sulfonyl ester mixture of a phenol aldehyde con- densate P±95±1649 11/07/95 10/19/95 (G) Nonylphenoxypoly(oxyalkylene) P±95±1651 11/20/95 11/07/95 (G) Alkylphenylpolyetheramine P±95±1653 11/22/95 11/14/95 (G) Alkylphenylpolyetheramidoalkanolamine P±95±1657 10/24/95 10/01/95 (S) Zirconium, dichloro[1,2-ethanediylbis[(1,2,3,3a,7abeta)-1h-inden-1-ylidene P±95±1659 11/22/95 11/14/95 (G) Aminolalkyl alkanolamine P±95±1664 10/11/95 09/29/95 (G) Modified polyacrylamide P±95±1665 10/11/95 09/29/95 (G) Modified polyacrylamide P±95±1666 10/11/95 09/29/95 (G) Modified polyacrylamide P±95±1668 11/06/95 10/18/95 (G) Heterocyclic amine carboxylic acid P±95±1669 10/11/95 10/02/95 (G) Modified polyacrylamide P±95±1670 10/11/95 10/02/95 (G) Modified polyacrylamide P±95±1671 10/11/95 10/02/95 (G) Modified polyacrylamide P±95±1678 11/30/95 11/14/95 (G) Acrylic acid, alkyl ester, polymer with monocarbocyclicalkene P±95±1682 12/12/95 11/16/95 (G) Isocyanate-terminated polyester polyurethane prepolymer P±95±1700 11/07/95 11/03/95 (S) A polymer of: tetraethylene pentamine; polyoxypropylene diglycidyl ether; cresyl glycidyl ether P±95±1704 11/03/95 10/30/95 (G) Amino alkoxy polydimethyl siloxane P±95±1712 11/22/95 10/26/95 (G) Polyurethane adhesive P±95±1732 11/20/95 10/23/95 (G) N-substitutedhaloaromatic benzotriazole aryl ester P±95±1733 10/31/95 10/16/95 (G) Polyurethane polymer P±95±1740 11/20/95 11/02/95 (G) Alkylthio substituted naphthalene carboxamide P±95±1743 11/08/95 10/30/95 (S) 3,6,9,12-tetraoxaeicosan-1-ol methanesulfonate P±95±1744 12/14/95 12/03/95 (S) 3,6,9,12-tetraoxaeicosan-1-ol P±95±1757 11/08/95 11/01/95 (S) Cyclohexanol, formate P±95±1763 11/03/95 10/27/95 (G) Sulfo alkyl esters, sodium salts P±95±1765 11/20/95 10/29/95 (S) Butanoic acid, 3-oxo-, ethyl ester, polymer with 2,2-dimethyl-1,3- propanediol and 2-propanol aluminum salt P±95±1766 11/20/95 11/06/95 (G) Substituted acrylic polymer P±95±1768 11/07/95 10/30/95 (G) Inorganic palladium salt P±95±1804 12/07/95 11/15/95 (G) Alkyl substituted sulfonylalkanoic acid P±95±1810 11/07/95 10/31/95 (S) Benzene, methyl(phenylmethyl)-disproportionated P±95±1840 12/12/95 11/21/95 (G) Oil free aromatic polyester P±95±1871 11/21/95 11/20/95 (G) Aromatic polyester polyol P±95±1882 12/12/95 11/27/95 (G) TDI polyester prepolymer P±95±1883 12/12/95 11/27/95 (G) TDI polyester prepolymer P±95±1959 12/06/95 12/04/95 (G) Alkenyl substituted phenyl amino substituted triazinyl amino substituted phenyl compound Y±90±0236 11/22/95 10/09/95 (G) Alkanediols, polymer with polyethylene terephthalate and alkenedioic an- hydride Y±95±0048 11/01/95 09/26/95 (G) Organically modified polysiloxane 39830 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

II. 176 Notices of Commencement Received From 10/01/95 to 12/15/95ÐContinued

Commencement Case No. Received Date Date Chemical

Y±95±0082 11/20/95 10/23/95 (S) Poly [oxy(1-oxo-1,6-hexanediyl)], .alpha.-hydro-.omega.-hydroxy-,ester with 2-ethyl-2-(hydroxymethyl)-1,3-propanediol, polymer with 1,6- diisocyanatohexane and 1,3,5-tris(6-isocyanatohexyl)1,3,5-triazine- 2,4,6(1h,3h,5h)-trione, methylethylketone oxime-blocked Y±95±0096 11/02/95 10/25/95 (G) Acrylic emulsion polymer Y±95±0106 10/13/95 09/26/95 (G) Cyclo olefinic copolymer Y±95±0107 10/23/95 10/02/95 (G) Polyether-ester-amide block copolymer

List of Subjects Environmental protection, Premanufacture notices, and Test marketing exemption applications. Dated: July 22, 1996.

George A. Bonina, Acting Director, Information Management Division, Office of Pollution Prevention and Toxics. [FR Doc. 96–19331 Filed 7–29–96; 8:45 am] BILLING CODE 6560±50±F federal register July 30,1996 Tuesday Exposure Data for Comments,SolicitationofUseand Administrator ReceiptofReport,Request Interagency TestingCommitteetothe Thirty-Eighth ReportoftheTSCA Protection Agency Environmental Part X 39831 39832 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

ENVIRONMENTAL PROTECTION comments and data in electronic form certain of the substances recommended AGENCY must be identified by the docket number in the ITC’s Thirty-Eighth Report to the OPPTS–41045. No ‘‘Confidential TSCA section 8(d) Health and Safety [OPPTS±41045; FRL±5379±2] Business Information’’ (CBI) should be Data Reporting Rule (40 CFR part 716), Thirty-Eighth Report of the TSCA submitted through e-mail. Electronic which requires the reporting of Interagency Testing Committee to the comments on the Thirty-Eighth Report unpublished health and safety studies Administrator Receipt of Report, may be filed online at many Federal on the listed chemicals. That notice will Request for Comments, Solicitation of Depository Libraries. Additional also add certain of the chemicals to the Use and Exposure Data information on electronic submissions TSCA section 8(a) Preliminary can be found in Unit III of this Assessment Information Rule (40 CFR AGENCY: Environmental Protection document. part 712). The section 8(a) rule requires Agency (EPA). The public record supporting this the reporting of production volume, use, action, including comments, is available ACTION: Notice. exposure, and release information on for public inspection in Rm. B-607 NEM the listed chemicals. SUMMARY: at the address noted above from 12:00 The TSCA Interagency III. Electronic and Oral Comments Testing Committee (ITC), established noon to 4 p.m., Monday through Friday, under section 4(e) of the Toxic except legal holidays. The EPA invites interested persons to Substances Control Act (TSCA), FOR FURTHER INFORMATION CONTACT: submit detailed comments on the ITC’s transmitted its Thirty-Eighth Report to Susan B. Hazen, Director, Report. the Administrator of the EPA on May Environmental Assistance Division A record has been established for this 31, 1996. In its Thirty-Eighth Report, (7408), Office of Pollution Prevention notice under docket number [OPPTS– which is included with this notice, the and Toxics, Environmental Protection 41045] (including comments and data ITC revises the Priority Testing List by Agency, 401 M Street, SW., Rm. ET- submitted electronically as described adding a group of 18 nonylphenol 543B,Washington, DC 20460, (202) 554- below). A public version of this record, ethoxylates to the List for consideration 1404, TDD (202) 554-0551, e-mail: including printed paper versions of by the EPA Administrator for [email protected]. electronic comments, which does not promulgation of test rules under section SUPPLEMENTARY INFORMATION: EPA has contain any information claimed as CBI, 4(a) of the Act. The ITC also removes received the TSCA Interagency Testing is available for inspection from 12 noon two previously recommended High Committee’s Thirty-Eighth Report to the to 4 p.m., Monday through Friday, Production Volume Chemicals (HPVC), Administrator. excluding legal holidays. The public two previously designated Oxygenated I. Background record is located in the TSCA Non- Fuel Additives and previously confidential Information Center, Rm. TSCA (Pub. L. 94–469, 90 Stat. 2003 recommended white phosphorus. The NE-B607, 401 M St., SW., Washington, et seq; 15 U.S.C. 260l et seq.) authorizes ITC’s reasons for removing these DC. 20460. Electronic comments can be the Administrator of the EPA to chemicals from the List are described in sent directly to the ITC at promulgate regulations under section the Thirty-Eighth Report. There are no [email protected] and to the 4(a) requiring testing of chemicals and designated or recommended with EPA at: [email protected] chemical groups in order to develop intent-to-designate chemicals or Electronic comments must be data relevant to determining the risks chemical groups in the Thirty-Eighth submitted as an ASCII file avoiding the that such chemicals and chemical Report. EPA invites interested persons use of special characters and any form groups may present to health or the to submit written comments on the of ecryption. environment. Section 4(e) of TSCA The official record for the Thirty- Report. established the Interagency Testing Eighth report, as well as the public DATES: Written comments on the Thirty- Committee (ITC) to recommend version as described above, will be kept Eighth ITC Report should be submitted chemicals and chemical groups to the in paper form. Accordingly, EPA will by August 29, 1996. Administrator of the EPA for priority transfer all comments received ADDRESSES: Comments on the Thirty- testing consideration. Section 4(e) electronically into printed, paper form Eighth Report should be submitted to directs the ITC to revise the TSCA as they are received and will place the both the ITC and the TSCA Public section 4(e) Priority Testing List at least paper copies in the official record which Docket. Send one copy of written every 6 months. The most recent will also include all comments submissions to: John D. Walker, ITC revisions to this List are included in the submitted directly in writing. The Executive Director, U.S. EPA (7401), 401 ITC’s Thirty-Eighth Report. The Report official record is the paper record M St., SW., Washington, DC 20460. was received by the Administrator on maintained at the EPA address in Send six copies of written submissions May 31, 1996, and is included in this ‘‘ADDRESSES’’ at the beginning of this to: TSCA Public Docket Office (7407), Notice. The Report recommends a group document. Office of Pollution Prevention and of 18 nonylphenol ethoxylates to the list Authoriy: 15 U.S.C. 2603. Toxics, Environmental Protection and removes white phosphorus, 2 High Dated: July 18, 1996. Agency, Rm. B-607 NEM, 401 M St., Production Volume Chemicals (HPVC) SW., Washington, DC 20460. and 2 Oxygenated Fuel Additives from Charles M. Auer, Comments and data may also be the list. Director, Chemical Control Division, Office submitted electronically by sending of Pollution Prevention and Toxics. electronic mail (e-mail) to: II. Status of List [email protected]. Electronic The current TSCA section 4(e) Priority Thirty-Eighth Report of the Interagency comments must be submitted as an Testing List contains 2 chemicals and 10 Testing Committee to the Administrator ASCII file avoiding the use of special chemical groups; of these 2 chemicals characters and any form of encryption. and 3 chemical groups were designated Summary Comments and data will also be for testing. This is the 38th Report of the TSCA accepted on disks in WordPerfect 5.1 A notice will be published at a later Interagency Testing Committee (ITC) to file format or ASCII file format. All date in the Federal Register adding the Administrator of the U.S. Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39833

Environmental Protection Agency phosphorus, 2 High Production Volume tert-amyl methyl ether). Comments on (EPA). In this Report, the ITC is revising Chemicals (diethylene glycol monoethyl this Report should be submitted both to its TSCA section 4(e) Priority Testing ether acetate and diethylene glycol the ITC and the TSCA Public Docket. List by recommending 18 nonylphenol dimethyl ether), and 2 Oxygenated Fuel The revised TSCA section 4(e) Priority ethoxylates and removing white Additives (ethyl tert-butyl ether and Testing List follows as Table 1.

TABLE 1.ÐTHE TSCA SECTION4(e) Priority Testing List (May 1996)

Report Date Chemical/Group Action

26 May 1990 10 Isocyanates Recommended with intent-to-designate 27 November 1990 62 Aldehydes Recommended with intent-to-designate 28 May 1991 Acetone Designated 28 May 1991 Thiophenol Designated 29 November 1991 10 Alkyl-, bromo-, chloro-, hydroxymethyl diaryl ethers Recommended 30 May 1992 13 Siloxanes Recommended 31 January 1993 24 Chemicals with no dermal toxicity data Designated 32 May 1993 32 Chemicals with insufficient dermal absorption data Designated 35 November 1994 24 Chemicals with insufficient dermal absorption data Designated 36 May 1995 10 High Production Volume Chemicals Recommended 37 November 1995 28 Alkylphenols and Ethoxylates Recommended 38 May 1996 18 Nonylphenol Ethoxylates Recommended

I. Background revisions. These Reports have been are indexed and maintained by EPA. published in the Federal Register and The ITC reviews the TSCA section 8(a) The TSCA Interagency Testing are also available from the ITC. The ITC and 8(d) information and other available Committee (ITC) was established by meets monthly and produces its data on chemicals and chemical groups section 4(e) of the Toxic Substances revisions of the List with the help of (e.g., TSCA section 8(e) ‘‘substantial Control Act (TSCA) ‘‘to make staff and technical contract support risk’’ studies, ‘‘For Your Information’’ recommendations to the Administrator provided by EPA. ITC members and (FYI) submissions to EPA, and respecting the chemical substances and support personnel are listed at the end published papers) to determine if mixtures to which the Administrator of this Report. revisions to the List are necessary. should give priority consideration for Following receipt of the ITC’s Report Revisions can include changing a the promulgation of a rule for testing and the addition of chemicals to the general recommendation to a specific under section 4(a).... At least every 6 Priority Testing List, EPA’s Office of designation for testing action by the months..., the Committee shall make Pollution Prevention and Toxics adds EPA Administrator within 12 months, such revisions in the List as it new chemicals from the List to TSCA determines to be necessary and to section 8(a) and 8(d) rules that require modifying the recommended testing, or transmit them to the Administrator manufacturers and importers of these removing the chemical or chemical together with the Committee’s reasons chemicals to submit TSCA section 8(a) group from the List. for the revisions’’ (Pub. L. 94–469, 90 production and exposure data and II. Revisions to the TSCA Section 4(e) Stat. 2003 et seq., 15 U.S.C. 2601 et manufacturers, importers and Priority Testing List seq.). Since its creation in 1976, the ITC processors of the listed chemicals to has submitted 37 semi-annual Reports submit TSCA section 8(d) health and Revisions to the TSCA section 4(e) to the EPA Administrator transmitting safety studies within 60 days of the Priority Testing List are summarized in the Priority Testing List and its rule’s effective date. The submissions Table 2.

TABLE 2.ÐREVISIONS TO THE TSCA SECTION 4(E) Priority Testing List

CAS No. Chemical Name Action Date

...... Nonylphenol ethoxylates (NPEs) Recommended 5/96 07311±27±5 ...... Ethanol, 2-[2-[2-[2-(p-nonylphenoxy) ethoxy]ethoxy]ethoxy]- 09016±45±9 ...... Nonylphenol polyethylene glycol ether 20636±48±0a ...... 26027±38±3a ...... 26064±02±8a ...... 27177±01±1a ...... 37205±87±1a ...... 20427±84±3 ...... Ethanol, 2-[2-(p-nonylphenoxy)ethoxy]- 26027±38±3 ...... p-Nonylphenol polyethylene glycol ether 27986±36±3a ...... 37205±87±1a ...... 98113±10±1a ...... 26571±11±9 ...... Nonylphenol octa(oxyethylene)ethanol 27176±93±8 ...... Nonylphenoxydiglycol 27177±05±5 ...... Nonylphenol hepta(oxyethylene)ethanol 27177±08±8 ...... Nonylphenol nona(oxyethylene)ethanol 27986±36±3 ...... Nonylphenoxy ethanol 37205±87±1 ...... Poly(oxy-1,2-ethanediyl),alpha-(isononylphenyl)-omega-hydroxy 51938±25±1 ...... Poly(oxy-1,2-ethanediyl),alpha-(2-nonylphenyl)-omega-hydroxy 39834 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

TABLE 2.ÐREVISIONS TO THE TSCA SECTION 4(E) Priority Testing ListÐContinued

CAS No. Chemical Name Action Date

65455±72±3 ...... Decaethylene glycol, isononylphenyl ether 68412±54±4 ...... Nonylphenoxypolyoxyethanol 152143±22±1a ...... 127087±87±0 ...... Nonylphenol polyethylene glycol ether NAb ...... Nonoxynol-2 NA ...... Nonoxynol-3 NA ...... Nonoxynol-7 NA ...... alpha-(p-Nonylphenol)-omega-hydroxypoly(oxyethylene) 7723±14±0 ...... White phosphorus Remove previously designated 5/96 chemical 12185±10±3a ......

...... High Production Volume Chemicals Remove previously recommended 5/96 chemicals 111±96±6 ...... Diethylene glycol dimethyl ether 112±15±2 ...... Diethylene glycol monoethyl ether acetate

...... Oxygenated Fuel Additives Remove previously recommended 5/96 chemicals 637±92±3 ...... Ethyl tert-butyl ether 994±05±8 ...... Tert-amyl methyl ether a Alternate CAS number. b Not Assigned

III. Rationale for the revisions B. Specific Rationales Supporting information— Nonylphenol ethoxylates. The A. ITC’s Activities During this Reporting 1. Recommended chemicals— a. Substructure-based Computerized Period Nonylphenol ethoxylates. Chemical Selection Expert System Alkylphenols and ethoxylates, Recommendation. Nonylphenol (SuCCSES) is used to identify chemicals isocyanates and siloxanes. During the ethoxylates are being added to the with shared substructures and six months covered by this Report, the Priority Testing List to obtain TSCA associated health or ecological effects ITC evaluated several chemicals and section 8(a) exposure information and and similar TSCA production or chemical groups and the ITC’s TSCA section 8(d) health and safety importation volumes (Ref. 16). SuCCSES Subcommittees met with two Chemical studies. was used to identify the alkylphenols Manufacturers Association (CMA) Rationale for recommendation. and ethoxylates that were added to the Panels and the Silicones Environmental Nonylphenol ethoxylates are being Priority Testing List in the 37th Report. Health and Safety Council (SEHSC). To recommended to meet the data needs of After the 37th Report was transmitted facilitate communication between U.S. the Department of the Interior, the EPA, to the EPA Administrator, the ITC-CMA Government organizations needing data and the Food and Drug Administration. Alkylphenols and Ethoxylates Dialog on alkylphenols and ethoxylates and the Currently, these needs include data on Group developed a strategy to identify manufacturers, importers, processors, chemical composition of components important nonylphenol ethoxylates. users and distributors of these and impurities, environmental fate of First, a nonylphenol ethoxylate chemicals, an ITC Subcommittee and components and impurities and health substructure from SuCCSES and a the CMA’s Alkylphenols and and ecological effects, toxicokinetics nonylphenol ethoxylate name fragment Ethoxylates Panel established the ITC- and potential endocrine-modulating was used to search the original TSCA CMA Alkylphenols and Ethoxylates effects. The ITC will consider Inventory. Second, the nonylphenol Dialog Group. To learn more about information discussed during meetings ethoxylates identified by this search potential consumer uses of isocyanates, of the ITC-CMA Alkylphenols and were compared to those listed in the the ITC’s Isocyanates Subcommittee met Ethoxylates Dialog Group and review Code of Federal Regulations title 21, with the CMA’s Diisocyanates Panel. To documents submitted under TSCA parts 174–186 (indirect food additives), promote cogent discussions of siloxanes section 8 before determining if these the Cosmetic Toiletries and Fragrances health and safety data the ITC’s chemicals should be removed from the Association Dictionary, the U.S. Siloxanes Subcommittee continued to Priority Testing List or designated for Pharmacopoeia/National Formulary and meet with SEHSC. testing to meet U.S. Government data the Food Chemical News Guide. Third, Diaryl ethers. The ITC is evaluating needs. the nonylphenol ethoxylates identified published and unpublished data for the Nonylphenol ethoxylates are also by this comparison were screened diaryl ethers recommended in its 29th being recommended to supplement the against nonylphenol ethoxylates in the Report (56 FR 67424, December 30, list of alkylphenols and ethoxylates that OPD Chemical Buyers Directory, 1991). The ITC is interested in meeting was recommended in the 37th Report McHutcheon’s Functional Materials and with manufacturers, importers, (61 FR 4188, February 2, 1996)(FRL– Chemcyclopedia ’96. This strategy processors, and users of these chemicals 4991–6). The rationale described in the produced a list of 18 nonylphenol to discuss use and exposure data and to 37th Report for alkylphenols and ethoxylates (Table 2). For these 18 develop Structure Activity ethoxylates also applies to the nonylphenol ethoxylates there were Relationships for predicting potential nonylphenol ethoxylates listed in Table several Chemical Abstract Service (CAS) degradability and safety. 2. numbers including alternate CAS Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39835 numbers, and several chemical names including many synonyms (Table 3).

TABLE 3.Ð CHEMICAL NAMES, SYNONYMS AND ETHOXYLATE UNITS (EO) FOR NONYLPHENOL ETHOXYLATES ADDED TO THE REVISED TSCA SECTION 4(e) Priority Testing List

Average Chemical Names Synonyms Number of EO Units

Ethanol,2-[2-[2-[2-(p-nonylphenoxy) ethoxy]ethoxy]ethoxy]- ...... Nonoxynol-4 4 Nonylphenol polyethylene glycol ether ...... Ethoxylated nonylphenol > 1 ...... Nonylphenol polyglycol ether > 1 ...... Nonylphenol polyethylene oxide > 1 ...... Nonylphenoxypoly(oxyethylene)ethanol > 1 ...... Poly(oxy-1,2-ethanediyl), alpha-(nonylphenyl)-omega-hydroxy > 1 ...... Poly(oxyethylene) mono (nonylphenol) ether > 1 ...... Nonoxynol-5 > 5 ...... Nonoxynol-6 > 6 Ethanol, 2-[2-(p-nonylphenoxy)ethoxy]- ...... 1.5 p-Nonylphenol polyethylene glycol ether ...... Glycols, polyethylene, mono(p-nonylphenyl) ether > 1 ...... Alpha-(p-nonylphenyl)-omega-hydroxypoly(oxyethylene) > 1 ...... Nonoxynol-1 > 1.5 Nonylphenol octa(oxyethylene)ethanol ...... Nonoxynol-9 9 Nonylphenoxydiglycol ...... Ethanol, 2-[2-(nonylphenoxy)ethoxy- 2 Nonylphenol hepta(oxyethylene)ethanol ...... Nonylphenol octaethoxylate 8 ...... Nonylphenol octaglycol ether 8 ...... Nonoxynol-8 8 Nonylphenol nona(oxyethylene)ethanol ...... Nonylphenol decaethylene glycol ether 10 Nonylphenoxyethanol ...... Nonylphenoxyglycol 1-1.5 ...... Ethanol, 2-(nonylphenoxy)- 1-1.5 Poly(oxy-1,2-ethanediyl), alpha-(isononylphenyl)-omega-hydroxy > 1 Poly(oxy-1,2-ethanediyl), alpha-(2-nonylphenyl)-omega-hydroxy >1 Decaethylene glycol, isononylphenyl ether ...... 10 Nonylphenoxypolyoxyethanol ...... Poly(oxy-1,2-ethanediyl), alpha-(nonylphenyl) omega-hydroxy - > 1 branched Nonylphenol polyethylene glycol ether ...... Poly(oxy-1,2-ethanediyl), alpha (4-nonylphenyl)-omega-hydroxy > 1 - branched Nonoxynol-2 ...... 2 Nonoxynol-3 ...... 3 Nonoxynol-7 ...... 7 alpha-(p-Nonylphenol)-omega-hydroxypoly(oxyethylene) ...... 1 to 100

During development of the strategy by any chemicals that the ITC adds to the nomenclature issues, chemical the ITC-CMA Alkylphenols and Priority Testing List requires the composition data, uses of alkylphenols Ethoxylates Dialog Group, issues related submission of recent production and and ethoxylates, ongoing testing and (as to the complex nomenclature and importation volume data for all discussed above) strategies for chemical composition of nonylphenol chemicals on the List, including identifying nonylphenol ethoxylates. ethoxylates were discussed. During complex mixtures or polymers. The ITC The Dialog Group discussed the TSCA these discussions, it was recognized that will review the PAIR data for all Test Submissions (TSCATS) compatible for some nonylphenol ethoxylates it is alkylphenols and ethoxylates that are on database that the SEHSC-ITC-EPA possible to quantify the average number the List and use these data as well as use workgroup developed for silicone of ethoxylate (EO) units, while for and exposure data and other chemicals. The Dialog Group committed others that are complex mixtures or information provided to the ITC-CMA to develop a database for alkylphenols polymers, it is only possible to state that Alkylphenols and Ethoxylates Dialog and ethoxylates that would include the average number of EO units is > 1 Group to determine which alkylphenols elements that were compatible with (Table 3). Obtaining recent production and ethoxylates should be removed TSCATS, the Confidential Business and importation volumes for from the List and which should be Information Tracking System (CBITS) nonylphenol ethoxylates that are considered for designation. and the TSCA submissions electronic complex mixtures or polymers was a Existing U.S. Government data needs. cover sheet and abstract form. concern for the Dialog Group because The ITC identified the same data needs 2. Removal of Chemicals from the these chemicals were exempt from for nonylphenol ethoxylates that were Priority Testing List— a. White reporting requirements of the EPA’s identified for alkylphenols and Phosphorus. Based on concerns of the 1986, 1990 and 1994 TSCA section 8(a) alkylphenol ethoxylates in its 37th Department of Interior (DOI), white Inventory Update Rules (51 FR 21438, Report. These data needs are phosphorus was recommended for June 12, 1986; 55 FR 39586, September summarized above in the rationale for chemical fate and ecological effects 27, 1990; 59 FR 30652, June 14, 1994). recommendation. testing in the ITC’s 29th Report (56 FR However, the Dialog Group recognized Completed activities of the ITC-CMA 67424, December 30, 1991). These that the TSCA section 8(a) Preliminary Alkylphenols and Ethoxylates Dialog concerns included the paucity of data Assessment Information Rule (PAIR) Group. The Dialog Group discussed the on the persistence of white phosphorus that EPA automatically promulgates for history of the ITC’s recommendation, in wetland sediments, the adverse 39836 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices effects of white phosphorus to birds and requirements of the TRI (Ref. 5). manufacturers to discuss testing to meet wildlife that feed on sediments According to the CMA, the 1993 TRI these data needs. contaminated with white phosphorus, releases of white phosphorus should On September 21, 1994, and March and the potential for food chain effects have been about 27,000 pounds, not 23, 1995, the EPA received letters from including possible elimination of 318,000 pounds (Ref. 5). According to the ARCO Chemical Company endangered species that may feed on the 1994 TRI (which includes releases announcing their intention to carcasses of birds and wildlife that die from Federal facilities) about 50,000 voluntarily conduct health effects tests from white phosphorus poisoning. In pounds of white phosphorus were for ETBE (Refs. 1 and 2). These letters response to the ITC’s recommendations, released to the environment (Ref. 15). indicate that pharmacokinetics, the EPA added white phosphorus (CAS After reviewing the 1995 CMA letter genotoxicity, subchronic toxicity, and number 7723–14–0) to TSCA section and the 1994 TRI data, EPA requested neurotoxicity testing will be conducted 8(a) and 8(d) rules (58 FR 13556, March that the ITC withdraw its designation of first, followed by developmental 12, 1993). This CAS number also white phosphorus because ‘‘errors made toxicity and reproductive effects testing. applies to yellow, red and black by industry in TRI reporting have EPA’s Office of Pollution Prevention phosphorus. After these rules were resulted in a serious misconception and Toxics (OPPT) added ETBE to its published, the ITC asked EPA to add a about the actual environmental releases Master Testing List (MTL) as a member second, less commonly used CAS of white phosphorus and 1994 TRI data of the category of ‘‘Oxygenated Fuel number (12185–10–3) for white indicate that environmental releases of Additives’’ to obtain test data to support phosphorus to TSCA section 8 rules to white phosphorus are almost an order of ongoing activities in EPA’s Office of Air assure retrieval of unpublished TSCA magnitude less than that upon which and Radiation (OAR). section 8 data that were indexed on that the ITC based it decision to designate On March 21, 1995, OPPT published CAS number. The EPA added this CAS this chemical for testing under section a TSCA section 4 ECA for TAME (60 FR number to TSCA section 8 rules that 4 of TSCA’’ (Ref. 8). In this request EPA 14910)(FRL–4935–4). The ECA requires were published on December 27, 1993 also committed ‘‘to explore alternative pharmacokinetics, genotoxicity, (58 FR 68311). The ITC reviewed ways to have the needed testing subchronic toxicity, developmental published data and data submitted in conducted’’ (Ref. 8). toxicity, and reproductive toxicity testing. Testing will be conducted by the response to these rules. These data After reviewing the 1994 TRI data, TAME Producers Group which is demonstrated the persistence of white letters from the CMA and the EPA, and comprised of the following companies: phosphorus in sediments, but did not considering EPA’s commitment to Amerada Hess Corporation, Chevron provide any new information to explore alternative testing mechanisms, alleviate the DOI’s concerns for the U.S.A. Products Company, Citgo the ITC is withdrawing its designation Petroleum, Exxon Company U.S.A., and ecological effects of white phosphorus. and removing white phosphorus from Texaco Refining and Marketing. In As a result, the ITC designated white the Priority Testing List. addition, TAME is being considered for phosphorus for ecological effects testing b. Oxygenated Fuel Additives. The inclusion in the Screening Information in its 34th Report (59 FR 35720, July 13, ITC designated the oxygenated fuel Data Set (SIDS) program, a voluntary 1994). additive, methyl tert-butyl ether (MTBE) international testing program operated The ITC did not receive any (CAS number 1634–04–4) for health under the auspices of the Organization comments on the EPA’s Toxic Release effects testing in its 20th Report because for Economic Cooperation and Inventory (TRI) data for white of concerns for widespread human Development (OECD). OPPT also added phosphorus that were referenced in its exposure to low level fugitive emissions TAME to its MTL as a member of the 29th Report. In this Report, the ITC of MTBE at gasoline pumps and the ‘‘Oxygenated Fuel Additives’’ category referenced the 1988 and 1989 TRI which need for chronic health effects data (52 to obtain test data to support ongoing reported that over 3,000,000 pounds of FR 19020; May 20, 1987). In response to OAR activities. white phosphorus were released to the the ITC’s designation, the EPA and The ITC is removing ETBE and TAME environment. Prior to publishing its MTBE manufacturers negotiated a TSCA from the Priority Testing List at this time 34th Report, the ITC considered section 4 Enforceable Consent because testing programs for both whether data from the 1991 and 1992 Agreement (ECA) to develop chemicals are likely to meet EPA’s data TRI (which reported that about 300,000 pharmacokinetics, genotoxicity, needs. If further testing of ETBE or pounds of white phosphorus were subchronic toxicity, reproductive TAME is needed, the EPA may request released to the environment) would be effects, developmental toxicity, that the ITC designate the chemicals for sufficient environmental release to neurotoxicity, and oncogenicity data (53 testing. In the future, the EPA may justify a designation under TSCA FR 10391, March 31, 1988). The ITC nominate other oxygenated fuel section 4(e)(1)(A)(ii). Under this section removed MTBE from the Priority Testing additives to the ITC. of TSCA, the ITC must consider ‘‘the List in its 22nd Report (53 FR 18196, c. High Production Volume Chemicals quantities in which the substance or May 20, 1988). EPA and other Federal (HPVCs)/Glycol Ethers. Diethylene mixture enters or will enter the Agencies continue to assess the risks of glycol monoethyl ether acetate (DGEEA) environment’’ before designating any human exposure to MTBE. (CAS number 112–15–2) and diethylene chemical to the EPA Administrator for Subsequent to this designation, the glycol dimethyl ether (DGDME) (CAS priority testing consideration. The ITC ITC recommended ethyl tert-butyl ether number 111–96–6) were members of a determined that these releases were (ETBE) (CAS number 637–92–3) and group of 35 HPVCs that were sufficient and referenced the 1991 and tert-amyl methyl ether (TAME) (CAS recommended for 90–day subchronic 1992 TRI in its 34th Report when it number 994–05–8) for health effects toxicity testing in the ITC’s 27th Report designated white phosphorus. After the testing to meet the data needs of the (56 FR 99534, March 6, 1991). SuCCSES 34th Report was published, the EPA U.S. EPA (59 FR 35720, July 13, 1994). was used to select these HPVCs during received a letter from the CMA which Subsequently, EPA promulgated TSCA the ITC’s sixth scoring exercise. These identified serious errors in white section 8(a) and 8(d) rules for ETBE and HPVCs had annual production volumes phosphorus environmental release data TAME (59 FR 60716, November exceeding 1 million pounds, but no 90– reported by industry under the 28,1994) and met with ETBE and TAME day subchronic toxicity data to identify Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices 39837 potential health effects concerns. In its reproductive toxicant, ethylene glycol 11. Hardin, B.D. and Eisenmann, C.J. 36th Report (60 FR 42982, August 17, monomethyl ether (EGME) (CAS Relative Potency of Four Ethylene Glycol 1995)(FRL–4965–6), the ITC solicited number 109–86–4), and its toxic Ethers for Induction of Paw Malformations in specific use and exposure information metabolite, methoxyacetic acid. Since the CD–1 Mouse. Teratology. 35:321–328 (1987). on DGEEA, DGDME, and ten other 10– to 20–day repeated dose studies 12. Lee, K.P., Kinney, L.A., and Valentine, HPVCs to facilitate its ability to decide with DGDME have identified potential R. Comparative Testicular Toxicity of Bis (2- whether these chemicals should be toxicities of concern, 90–day subchronic methoxyethyl) ether and 2-methoxyethanol removed from the Priority Testing List or toxicity testing for the purposes of in rats. Toxicology. 59:239–258 (1989). designated for testing. general toxicity screening is not 13. NTP. Project Report No. 11 ‘‘The In As noted in the 37th Report (61 FR warranted. Vitro Hydrolysis of 2-Methoxyethyl Acetate, 4188, February 2, 1996), Eastman The ITC is removing DGEEA and 2-Ethoxyethyl Acetate and 2-Butoxyethyl Chemical Company and Ferro DGDME from the Priority Testing List Acetate by Rat Blood.’’ Study report Corporation responded to that because sufficient screening data exist submitted to the National Toxicology solicitation for DGEEA and DGDME, to identify potential subchronic Program (NTP) by Research Triangle Institute respectively (Refs. 7 and 9). Both under Contract No. N01–ES–1– 5007 (1986). toxicities of concern and no additional 14. Schwetz, B.A., Price, C.J., George, J.D., DGEEA and DGDME are used as U.S. Government data needs were Kimmel, C.A., Morrissey, R.E., and Marr, solvents in various applications. Ferro identified at this time. M.C. The Developmental Toxicity of reported that DGDME is also used in References Diethylene and Triethylene Glycol Dimethyl reaction medium for the synthesis of Ethers in Rabbits. Fundamental and Applied certain chemicals and that the use of 1. ARCO. Letter from Dr. Larry S. Andrews, Toxicology. 19:238–245 (1992). DGDME as a solvent in semiconductor Manager, Toxicology Regulatory Compliance, 15. TRI (Toxic Release Inventory). Database cleaning operations has decreased. In ARCO Chemical Company to Mr. Charles M. retrieval 3/1/96. U.S. Environmental their letters, both manufacturers stated Auer, Director, Chemical Control Division, Protection Agency (1996). that exposures to DGEEA and DGDME OPPT/EPA, Washington, DC (1994). 16. Walker, J.D. Estimation Methods Used are low. 2. ARCO. Letter from Dr. Larry S. Andrews, by the TSCA Interagency Testing Committee Although 90–day subchronic toxicity Manager, Toxicology Regulatory Compliance, to Prioritize Chemicals for Testing: Exposure ARCO Chemical Company to Mr. Charles M. and Biological Effects Scoring and Structure studies are not available for DGEEA or Auer, Director, Chemical Control Division, Activity Relationships. Toxicology Modeling. DGDME, existing toxicity data on these OPPT/EPA, Washington, DC (1995). 1:123–141 (1995). and related glycol ethers and acetates 3. Cheever, K.L., Richards, D.E., Weigal, indicate that such studies are not W.W., Lal, J.B. Dinsmore, A.M. and Daniel, TSCA Interagency Testing Committee necessary to further identify potential F.B. Metabolism of Bis (2-methoxyethyl) Statutory Organizations and Their Ether in the Adult Male Rat: Evaluation of health effects concerns. Representatives DGEEA is expected to be metabolized the Principal Metabolite as a Testicular Toxicant. Toxicology and Applied to diethylene glycol monoethyl ether Council on Environmental Quality (DGEE) (CAS number 111–90–0), based Pharmacology. 94:150–159 (1988). 4. Cheever, K.L., Weigal, W.W., Richards, Brad Campbell, Member on the metabolism of other glycol ether D.E., Lal, J.B., and Plotnick, H.B. Testicular Ann Holbrow, Alternate acetates (Ref. 13). Subchronic toxicity Effects of Bis (2-methoxyethyl) Ether in the Department of Commerce studies in which rats, mice and pigs Adult Male Rat. Toxicology and Industrial Edward White, Member were fed DGEE for 90 days have been Health. 5:1099–1110 (1989). conducted (Ref. 10). There was reduced 5. CMA. Letter from Ms. Cecilia W. Environmental Protection Agency growth in rats and mice at the highest Spearing, Manager, Chemical Manufacturers David R. Williams, Member dose levels (5.0% and 5.4%, Association’s Phosphorus Panel to Mr. Lois Dicker, Alternate respectively). Hemoglobin was reduced Charles M. Auer, Director, Chemical Control Division, OPPT/EPA, Washington, DC (1995). National Cancer Institute and relative kidney weights increased in Victor Fung, Member all 3 species at the highest dose levels. 6. Daniel, F.B., Cheever, K.L. Bagley, K.B., Richards, D.E., Weigal, W.W., and Harry Seifried, Alternate In pigs (the most sensitive species in Eisenmann, C.J. Bis (2-methoxyethyl) Ether: National Institute of Environmental Health this study), three deaths due to uremia Metabolism and Embryonic Disposition of a Sciences were recorded within the first 3 weeks Developmental Toxicant in the Pregnant CD– William Eastin, Member of exposure at the highest dose level of 1 Mouse. Fundamental and Applied H.B. Matthews, Alternate 1,500 mg/kg after which the dose was Toxicology. 16:567–575 (1991). reduced to 1,000 mg/kg. The no- 7. Eastman. Letter from Dr. Roderick D. National Institute for Occupational Safety observed effect levels established from Gerwe, Senior Technical Associate, Eastman and Health these studies were 250 mg/kg/day for Chemical Company, Kingsport, Tennessee to Henryka Nagy, Member rats, 850 to 1,000 mg/kg/day for mice Dr. John D. Walker, Executive Director, ITC, David A. Dankovic, Alternate OPPT/EPA, Washington, DC (1995). and 167 mg/kg/day for pigs. These 8. EPA. March 5, 1996 Letter from Mr. National Science Foundation DGEE data satisfy the need for Charles M. Auer, Director, Chemical Control Linda Duguay, Member subchronic toxicity testing of DGEEA. Division, OPPT/EPA, Washington, DC to Dr. Occupational Safety and Health DGDME caused dose-dependent Victor Fung, Chairperson, ITC, National Administration testicular toxicity in male rats following Cancer Institute, Bethesda, MD (1996). Lyn Penniman, Member short-term (10 to 20 days) exposure by 9. Ferro. Letter from Mr. Edward J. Ballow, Christine Whittaker, Alternate inhalation (Ref. 12) and oral Product Manager, Ferro Corporation, administration (Ref. 4). DGDME also Zachary, Louisiana to Dr. John D. Walker, Liaison Organizations and Their caused developmental toxicity when Executive Director, ITC, OPPT/EPA, Representatives administered to rabbits (Ref. 14) and Washington, DC (1995). Agency for Toxic Substances and Disease 10. Gaunt, I.F., Colley, J., Grasso, P., pregnant CD-1 mice (Ref. 11). Following Registry Landsdown, A.B.G., and Gangolli, S.D. Short- William Cibulas, Member administration of doses of DGDME, to term Toxicity of Diethylene Glycol the male rat (Ref. 3) and the pregnant Monoethyl Ether in the Rat, Mouse, and Pig. Consumer Product Safety Commission CD-1 mouse (Ref. 6) some of the DGDME Food and Cosmetics Toxicology. 6:689–705 Val Schaeffer, Member was metabolized to the well-studied (1968). Lakshmi C. Mishra, Alternate 39838 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Notices

Department of Agriculture Clifford Rice, Member Department of Defense David A. Macys, Member Department of the Interior Barnett A. Rattner, Member Food and Drug Administration Edwin J. Matthews, Member Raju Kammula, Alternate National Library of Medicine Vera Hudson, Member National Toxicology Program NIEHS, FDA and NIOSH Members Counsel Mary Ellen Levine, Office of General Counsel, EPA Technical Support Contractor Syracuse Research Corporation ITC Staff John D. Walker, Executive Director Norma S.L. Williams, Executive Assistant, TSCA Interagency Testing Committee, U.S. EPA/OPPT (MC/7401) 401 M St., SW., Washington, DC 20460, (202) 260–1825, Fax (202) 260–7895; Internet: [email protected]. [FR Doc. 96–19333 Filed 7–29–96; 8:45 am] BILLING CODE 6560±50±F i

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Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 3 CFR 16...... 37199 Public Laws Update Services (numbers, dates, etc.) 523±6641 29...... 37316, 37351 Proclamations: For additional information 523±5227 52...... 37663 6907...... 35083 58...... 35589 Presidential Documents 6908...... 35587 210...... 37670 Executive orders and proclamations 523±5227 6909...... 38049 225...... 37670 The United States Government Manual 523±5227 6910...... 39551 6911...... 39553 295...... 39047 Other Services 301 ...... 35102, 35107, 36811, Executive Orders: 36812, 38353 Electronic and on-line services (voice) 523±4534 13010...... 37347 400 ...... 34367, 38057, 39268 Privacy Act Compilation 523±3187 13011...... 37657 401...... 39048 523±5229 13012...... 38051 TDD for the hearing impaired 718...... 37544 Administrative Orders: 719...... 37544 ELECTRONIC BULLETIN BOARD Memorandum: 720...... 37544 July 8, 1996 ...... 38563 723...... 37672 Free Electronic Bulletin Board service for Public Law numbers, Notices: 729...... 36997 Federal Register finding aids, and list of documents on public July 22, 1996 ...... 38561 790...... 37544 inspection. 202±275±0920 Presidential Determinations: 791...... 37544 FAX-ON-DEMAND No. 96±34 of June 26, 793...... 37544 1996 ...... 36493 796...... 37544 You may access our Fax-On-Demand service. You only need a fax No. 96±35 of June 26, 868...... 34714 machine and there is no charge for the service except for long 1996 ...... 36495 905...... 38354 distance telephone charges the user may incur. The list of No. 96±36 of June 28, 906...... 37810 documents on public inspection and the daily Federal Register’s 1996 ...... 35075 916...... 37812 table of contents are available using this service. The document No. 96±37 of June 29, 917...... 37812 numbers are 7050-Public Inspection list and 7051-Table of 1996 ...... 36989 945...... 39270 Contents list. The public inspection list will be updated No. 96±38 of June 29, 946...... 35109 immediately for documents filed on an emergency basis. 1996 ...... 36991 948...... 36813 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON No. 96±39 of June 6, 956...... 39050 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 1996 ...... 38053 958...... 35592 public inspection may be viewed and copied in our office located No. 96±40 of June 8, 989...... 36814 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 1996 ...... 38055 997...... 35594 telephone number is: 301±713±6905 4 CFR 998...... 35594 1106...... 35596 21...... 39039 1230...... 35597 FEDERAL REGISTER PAGES AND DATES, JULY 28...... 36809 1240...... 38355 29...... 36809 33825±34366...... 1 1400...... 37544 34367±34712...... 2 5 CFR 1401...... 37544 34713±35082...... 3 530...... 34713 1402...... 37544 35083±35588...... 5 531...... 34713 1405...... 37544 1412...... 37544 35589±35914...... 8 532...... 36609 534...... 34713 1413...... 37544 35915±36276...... 9 1421...... 37544 36277±36492...... 10 550...... 34713 575...... 34713 1425...... 37544 36493±36608...... 11 581...... 34713 1427...... 37544 36609±36808...... 12 582...... 34713 1430...... 37544 36809±36988...... 15 630...... 34713 1434...... 37544 36989±37198...... 16 734...... 35088 1435...... 37544 37199±37350...... 17 890...... 37807 1446...... 37544 37351±37656...... 18 930...... 39267 1464...... 37672 37657±37806...... 19 1001...... 36993 1468...... 37544 37807±38048...... 22 1660...... 36610 1470...... 37544 1477...... 37544 38049±38352...... 23 2634...... 35589 3201...... 35915 1478...... 37544 38353±38562...... 24 Ch. XXIII ...... 35085 1479...... 37544 38563±39038...... 25 Ch. XXXV ...... 36993 1479...... 37544 39039±39266...... 26 Ch. LXV ...... 36246 1497...... 37544 39267±39554...... 29 Ch. XLV ...... 39756 1498...... 37544 39555±39838...... 30 Proposed Rules: 1493...... 33825 890...... 35973 1703...... 37813 1910...... 35916 7 CFR 1924...... 35916 2...... 37544 1941...... 35916 ii Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Reader Aids

1943...... 35916 784...... 36611 39 ...... 34767, 35691, 35693, 210...... 37679 1945...... 35916 1003...... 35112 35695, 36307, 36308, 36310, 211...... 37679 1951...... 35916 1010...... 35085 36664, 36667, 36669, 37019, 331...... 38046 1955...... 35916 1021...... 36222 38407, 39364, 39366, 39603, 452...... 34726 1962...... 35916 Proposed Rules: 39604 500...... 37680 1965...... 35916 34...... 37019 71 ...... 34391, 34393, 34394, 505...... 37680 1980...... 35916 1021...... 35990 34395, 34396, 34397, 34398, 507...... 37680 Proposed Rules: 34769, 35991, 36311, 36312, 508...... 37680 1...... 38567 12 CFR 36313, 36314, 36315, 36316, 510...... 35949, 37680 20...... 38107 207...... 39556 36317, 36520, 37113, 37230, 520...... 34727 210...... 35152 211...... 39052 37231, 37407, 37408, 39367, 522 ...... 34727, 35129, 36290, 220...... 35152 311...... 38356 39368, 39369, 39370 37682 225...... 35152 220...... 39556 91...... 38119 529...... 34727 226...... 35152 221...... 39556 121 ...... 37144, 38119, 38552 558 ...... 34727, 35949, 36291 300...... 34379 324...... 33842, 39556 125...... 37144 570...... 37680 301...... 38017 367...... 35115 127...... 38119 801...... 37682 318...... 38108 1750...... 35607 129...... 37144 803...... 38346 319...... 34379 Proposed Rules: 135...... 37144, 38119 804...... 38346 868...... 35687 32...... 37227 807...... 38346 956...... 36827 205...... 37229 15 CFR Proposed Rules: 1005...... 37628 207...... 33874 902 ...... 34570, 34930, 34966, 106...... 36154 1007...... 37628 218...... 34749 35145, 35548, 38358 107...... 36154 1011...... 37628 220...... 33874 923...... 36965 201...... 38047 1046...... 37628 221...... 33874 Proposed Rules: 210...... 39372 1240...... 34385, 38407 250...... 34749 30...... 36318 211...... 39372 1280...... 35982 327...... 34751 303...... 37845 331...... 38047 1962...... 37405 502...... 38114 922...... 33876 803...... 38348 516...... 38114 804...... 38348 8 CFR 562...... 38114 16 CFR 103...... 35597 22 CFR 563...... 38114 Proposed Rules: 212...... 36610 565...... 38114 303...... 35992 41...... 35628, 39318 214...... 35934 574...... 38114 406...... 39101 126...... 36625 217...... 35598, 39271 614...... 37230 131...... 39584 264...... 37673 704...... 38117 17 CFR 514...... 37002, 39585 301...... 35111 745...... 36663 249...... 37357 608...... 36820 Proposed Rules: Proposed Rules: 207...... 35984 13 CFR 23 CFR 15...... 37409 208...... 35984 125...... 39304 630...... 35629 16...... 37409 9 CFR 14 CFR 17...... 37409 24 CFR 92...... 36816 1...... 34508 18...... 37409 0...... 36246 112...... 33840 Ch. III ...... 37814 19...... 37409 60...... 36462 113...... 33840 25...... 34716, 39305 240...... 36521, 37701 200...... 36260 201...... 36277, 36279 29...... 33963, 36965 249...... 37701 201...... 36260 318...... 37675 39 ...... 33874, 34368, 34718, 18 CFR 202...... 36260, 36452 381...... 37675, 39273 35122, 35126, 35127, 35936, 203 ...... 35024, 36260, 36452, 154...... 38565 Proposed Rules: 35938, 35940, 35942, 35944, 37798 161...... 39053 1...... 34386 35946, 36620, 36622, 36817, 206...... 35014, 36260 250...... 39053 3...... 34386, 34389 37199, 37202, 37675, 37814, 221 ...... 36260, 36452, 37798 284...... 39053 11...... 34747 39306, 39307, 39309, 39311, 233...... 36260 346...... 38567 92...... 36520 39312, 39314, 39315, 39584 234...... 36260, 36452 93...... 36520 61...... 34508 Proposed Rules: 280...... 36260 94...... 35987, 36520 71 ...... 33843 33844, 33845, 35...... 38663 291...... 36260 34720, 34721, 34722, 34723, 570...... 36456 95...... 36520 19 CFR 96...... 36520 35307, 36283, 36284, 36285, 901...... 35633 98...... 36520 36286, 36820, 37001, 37113, 10...... 33845 941...... 35958, 38014 301...... 35990 37204, 37205, 37352, 37677, 12...... 33845 Proposed Rules: 304...... 35990 39317, 39318, 39695 102...... 33845, 37817 Ch. IX...... 39812 308...... 35990 73...... 35623 118...... 39070 25 CFR 318...... 35992 91...... 34508, 36286 134...... 33845, 37678 319...... 35157 95...... 37206 201...... 37818 10...... 34371 320...... 35990 97 ...... 35623, 35624, 35626, 207...... 37818 211...... 35634 381...... 35157, 35990 37352, 37354, 37356, 37677 Proposed Rules: 212...... 35634 391...... 34747 119...... 35628 134...... 38119 700...... 35666 121 ...... 34508, 34927, 35628, Proposed Rules: 10 CFR 37222 20 CFR 5...... 36671 2...... 39278 125...... 34508 404...... 38361, 38363 11...... 35158 50...... 39278 135 ...... 34508, 34927, 35628 12...... 35163 51 ...... 37351, 39278, 39555 141...... 34508 21 CFR 21...... 33876 53...... 35935 142...... 34508 14...... 36624 45...... 34399 110...... 35600 211...... 34724 175...... 37208 92...... 39606 205...... 3511 213...... 34724 176...... 37209 152...... 34400 420...... 35890 1260...... 38058 177...... 34370, 37210 169...... 37417 430...... 36974 Proposed Rules: 178...... 33846 171...... 35167 450...... 35890 25 ...... 35056, 37844, 38374, 184...... 36287 256...... 36829 463...... 35114 38552, 39515 201...... 38046 290...... 37022 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Reader Aids iii

26 CFR Proposed Rules: 242...... 39698 93...... 35994, 36112 1...... 39071, 39072 344...... 39228 1191...... 39323 136...... 36328 301...... 37683 356...... 38127 Proposed Rules: 148...... 38684 180 ...... 36329, 36331, 36689, Proposed Rules: 32 CFR 1190...... 36688 1191...... 36688, 37964 37233, 37433, 38423, 38426, 1 ...... 35696, 36320, 39104 66...... 38386 31...... 36320 1228...... 39373 38428 630...... 39072 185...... 37233 37 CFR 27 CFR 706 ...... 35958, 36291, 36497 186...... 37233 Proposed Rules: 1...... 39585 18...... 37002 260...... 33881 651...... 37865 2...... 36825 30...... 37002 261...... 33881, 38684 251...... 37213 262...... 33881 53...... 37005 33 CFR 264...... 33881 55...... 38084 38 CFR 100...... 36292, 39325 268...... 33881, 38684 178...... 39320 110...... 36786 1...... 33850, 38570 275...... 37005 269...... 33881 116...... 36786 21...... 36629 271...... 33881, 38684 Proposed Rules: 117...... 36786, 37211 Proposed Rules: 300 ...... 36858, 37435, 37875, 53...... 37022 120...... 37648 1...... 33878 37877, 39104, 39383 178...... 39372 127...... 36629 17...... 37024 403...... 39804 128...... 37648 425...... 35705 28 CFR 39 CFR 157...... 36786, 39770 430...... 36835 2...... 38569 158...... 36629 20...... 39592 36...... 39323 164...... 35064 5...... 36498 41 CFR 42...... 34729 165 ...... 35130, 35132, 37211, 7...... 36498 Ch. 201 ...... 39359 82...... 38085 37684, 39325 10...... 36498 201...... 35685 552...... 38042, 39800 179...... 36629 20...... 36500 201±23...... 39081 571...... 38042 181...... 36786 3001...... 37316 201±24...... 38081 Proposed Rules: 183...... 36629 16...... 37425 334...... 34732 40 CFR 42 CFR 17...... 36679 Proposed Rules: 9...... 33851, 34202 405...... 35307 31...... 34770 117...... 35702 51...... 39032 413...... 37011 38...... 37964, 37976 154...... 34775 52 ...... 36292, 36501, 36502, 417...... 35307, 38395 58...... 37426 155...... 34775 37216, 37387, 37390, 37393, 431...... 35307, 38395 37833, 38086, 38388, 38391, 29 CFR 165...... 37714 433...... 38395 167...... 35703 38571, 38574, 38577, 38582, 440...... 38395 102...... 38368 38590, 38591, 38594, 38597, 441...... 38395 1952...... 36824 34 CFR 39326, 39329, 39330, 39332, 447...... 38395 2509...... 33847 646...... 38534 39334, 39594, 39597 456...... 38395 2520...... 33847 Proposed Rules: 55...... 34202 473...... 35307 2550...... 33847 75...... 37184 63...... 34140, 36295 498...... 35307 Ch. XXVI...... 34002, 36626, 70 ...... 34733, 39335, 39597 206...... 37184 Proposed Rules: 37316, 37795 71...... 34202 231...... 37184 410...... 34614 Ch. XL ....34002, 36626, 37316, 79...... 36506 235...... 27184 415...... 34614 37795 263...... 39246 80 ...... 35310, 35673, 35960 4044...... 36968 369...... 27184 81...... 37833, 39343 43 CFR Proposed Rules: 180 ...... 34739, 34741, 36298, 371...... 27184 2...... 39083 101...... 35172 373...... 27184 36299, 37218, 37395, 39347, 102...... 35172 39351, 39528 1820...... 37686 375...... 27184 3710...... 37116 1910...... 37849 376...... 27184 185...... 39528 Proposed Rules: 1926...... 37849 378...... 27184 257...... 34253 11...... 37031 4001...... 38409 380...... 27184 261...... 34252, 37397 4700...... 36333 4043...... 38409 381...... 27184 271 ...... 34252, 38392, 39353 4065...... 38409 300 ...... 35137, 35962, 39080, 385...... 27184 44 CFR Ch. XIV ...... 34405 386...... 27184 39081 372...... 38600, 39356 62...... 36513, 37687 30 CFR 387...... 27184 388...... 27184 425...... 35680 64...... 36514 56...... 36790 389...... 27184 799...... 37685 65 ...... 33852, 33854, 38091, 57...... 36790 390...... 27184 Proposed Rules: 38092 256...... 34730 396...... 27184 50...... 37427 67...... 33856, 38094 901...... 37382 610...... 27184 51 ...... 35994, 36112, 38250 Proposed Rules: 913...... 37383, 39612 612...... 27184 52 ...... 35998, 36004, 36320, 67...... 33882, 38129 925...... 38374 36534, 37030, 37232, 37428, 630...... 27184 45 CFR 931...... 38376 637...... 27184 37429, 37875, 38129, 38250, 936...... 38381 658...... 27184 38423, 38664, 38682, 38683, Proposed Rules: 948...... 38382 660...... 27184 39375, 39377, 39378, 39614, 232...... 37236 Proposed Rules: 661...... 27184 39617 235...... 37236 206...... 37865 669...... 27184 55...... 36012 943...... 38420 61...... 36326 46 CFR 946...... 38420 35 CFR 63...... 36326, 36835 31...... 39770 948...... 37023 61...... 36497 70...... 39597 35...... 39770 123...... 36497 79...... 36535 42...... 35963 31 CFR 80...... 34775 76...... 35138 208...... 39254 36 CFR 81 ...... 33879, 36004, 37875, 108...... 36786 321...... 37196 1...... 35133 39378 110...... 36786 356...... 37007 13...... 35133 82...... 37430 111 ...... 35927, 36608, 36786, 515...... 37385 222...... 35959 86...... 37715 39695 575...... 36627 223...... 35960 90...... 34778 112...... 36786, 39695 iv Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Reader Aids

113...... 36786 29...... 39189 970...... 38701 50 CFR 161...... 36786 31...... 39188, 39217 Ch. III ...... 35548 167...... 35138 32...... 39189 246...... 35548 33...... 39219 49 CFR 514...... 35685 280...... 35548 36...... 39189 1...... 34745 Proposed Rules: 281...... 35548 41...... 39189 37...... 39323 10...... 36543, 36608 282...... 35548 15...... 36543, 36608 42...... 39189 40 ...... 37015, 37222, 37693 43...... 39189 172...... 38642 285...... 38656, 39361 47 CFR 44...... 39189 190...... 38403 298...... 35548 299...... 35548 Ch. I...... 35964, 39359 45...... 39189 192 ...... 35139, 36825, 38403 46...... 39189 193...... 36825 100...... 39698 1...... 36629 300...... 39362 20 ...... 33859, 38399, 38605 47...... 39189 195...... 36825 600...... 37225 22...... 34375, 38399 48...... 39220 198...... 38403 622...... 34930 24...... 33850 49...... 39221 199...... 37222 625...... 34966 36...... 34375 52 ...... 39188, 39189, 39199, 209...... 38644 630 ...... 34746, 35971, 37842 52...... 38605 39203, 39207, 39210, 39212, 219...... 37222 638...... 34930 61...... 36515, 36653 39221 225...... 37842 53 ...... 39188, 39189, 39212 64 ...... 36629, 36653, 39084 233...... 33871 641...... 34930 225...... 37841 66...... 36654 235...... 33871 642...... 34785 231...... 36305 73 ...... 34368, 34743, 34744, 236...... 33871 645...... 34930 252...... 37841 35139, 36302, 37840 382...... 37222 646...... 34930 506...... 39088 571 ...... 33891, 36516, 36655 647...... 34930 90...... 34375, 38403 547...... 39088 575...... 36655 648 ...... 34966, 35142, 38403, Proposed Rules: 552...... 39088 Ch. I...... 34405, 39385, 39397 653...... 37222 38404 701...... 39089 650...... 34966 1...... 37241 702...... 39089 654...... 37222 20...... 38687 1150...... 36965 651...... 34966 706...... 39089 652...... 34966 21...... 39425 709...... 39089 1300...... 35139 24...... 38693 1305...... 35141 653...... 34930 710...... 39089 655...... 34966 52...... 38687 711...... 39089 Proposed Rules: 64...... 39107 1...... 33886 657...... 34966 713...... 39089 658...... 34930 73 ...... 34406, 34407, 34784, 715...... 39089 8...... 33886 659...... 34930 34785, 35705, 37241, 37715, 716...... 39089 171...... 38702, 39522 660 ...... 34570, 35143, 35144, 37716, 37717 717...... 39089 172...... 39522 36662, 37843 76...... 34408, 34409 719...... 39089 173...... 38702, 39522 661...... 34570 722...... 39089 174...... 39522 48 CFR 663...... 34570 724...... 39089 175...... 39522 Ch. 1...... 39186, 39224 725...... 39089 176...... 39522 669...... 34930 1...... 39188, 39189 726...... 39089 177...... 39522 670...... 34930 2...... 39189 732...... 39089 178...... 39522 678...... 39099 3 ...... 39188, 39189, 39199 733...... 39089 179...... 39522 679 ...... 34377, 36306, 37225, 4...... 39188, 39189 736...... 39089 180...... 38702, 39522 37226, 37403, 37404, 37700, 5...... 39189 737...... 39089 192...... 34410, 34413 37843, 38099, 38358, 38656, 6...... 39200 752...... 39089 195...... 34410, 34413 39100, 39601 8...... 39189 Appendix A ...... 39089 383...... 38133 680...... 34570 9...... 39201 6103...... 39096 391...... 38133 681...... 34570, 35145 11...... 39189 6104...... 39098 393...... 36691 683...... 34570 12...... 39189 9903...... 39360 397...... 36016 685...... 34570 13...... 39188, 38189 Proposed Rules: 531...... 39429 695...... 35548 15...... 39189 4...... 39518 571 ...... 36334, 36698, 38135, 697...... 34746 16...... 39189, 39201 42...... 39518 39432 Proposed Rules: 17...... 39203 52...... 39518 1011...... 39110 17 ...... 36020, 36021, 36346, 19...... 39189, 39207 219...... 37878 1104...... 39110 37034, 38702 22...... 39189, 39203 252...... 37878 1111...... 39110 20...... 37994 23...... 39189 401...... 37032 1112...... 39110 229...... 37035 25...... 39189 453...... 37032 1113...... 39110 300...... 38703 26...... 39200, 39210 917...... 38701 1114...... 39110 642...... 34785 27...... 39211 950...... 38701 1115...... 39110 648 ...... 37241, 37436, 38430 28...... 39189, 39212 952...... 38701 1121...... 39110 679 ...... 35174, 36702, 37041 Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Reader Aids v

REMINDERS Gulf of Alaska groundfish; promulgation; various INTERIOR DEPARTMENT The items in this list were comments due by 8-6-96; States: Minerals Management editorially compiled as an aid published 7-26-96 Washington; comments due Service to Federal Register users. Gulf of Mexico reef fish; by 8-8-96; published 7-9- Outer Continental Shelf; oil, Inclusion or exclusion from comments due by 8-8-96; 96 gas, and sulphur operations: this list has no legal published 6-24-96 Air quality implementation Leases; drilling significance. Limited access management plans; √A√approval and requirements; comments of Federal fisheries in and promulgation; various due by 8-5-96; published off of Alaska; comments States; air quality planning 6-5-96 RULES GOING INTO due by 8-6-96; published purposes; designation of Unitization; model EFFECT TODAY 6-12-96 areas: agreements; comments CORPORATION FOR Colorado; comments due by due by 8-5-96; published HEALTH AND HUMAN NATIONAL AND 8-8-96; published 7-9-96 6-5-96 SERVICES DEPARTMENT COMMUNITY SERVICE Clean Air Act: INTERIOR DEPARTMENT Conflict of interests; published Agency information collection Acid rain provisions-- National Park Service 7-30-96 activities: Sulfur dioxide allowance Special regulations: JUSTICE DEPARTMENT Proposed collection; auction and electronic Big Thicket National comment request; Prisons Bureau allowance transfer; Preserve, TX; moored comments due by 8-9-96; comments due by 8-5- houseboats; comments Inmate control, custody, care, published 6-10-96 96; published 6-6-96 due by 8-5-96; published etc.: ENERGY DEPARTMENT Hazardous waste: 6-5-96 Inmate restraints application INTERIOR DEPARTMENT and use of force; National Environmental Policy Identification and listing-- published 7-30-96 Act; implementation; Exclusions; comments due Surface Mining Reclamation comments due by 8-8-96; by 8-9-96; published 6- and Enforcement Office UNITED STATES published 7-9-96 25-96 Permanent program and INFORMATION AGENCY ENERGY DEPARTMENT Exclusions; comments due abandoned mine land Exchange visitor program: Energy Efficiency and by 8-9-96; published 6- reclamation plan Short-term scholars; Renewable Energy Office 25-96 submissions: participation period Energy conservation: Pesticides; tolerances in food, Virginia; comments due by extended; published 7-30- animal feeds, and raw 8-8-96; published 7-24-96 96 State energy program; consolidation of State agricultural commodities: JUSTICE DEPARTMENT Energy Conservation Maleic anhydride- Immigration and COMMENTS DUE NEXT Program (SECP) and diisobutylene copolymer, Naturalization Service WEEK Institutional Conservation sodium salt; comments Immigration: Program (ICP); Federal due by 8-9-96; published Screening requirements of AGRICULTURE regulatory reform; 7-10-96 carriers; comments due DEPARTMENT comments due by 8-7-96; Polyvinylpyrrolidone by 8-9-96; published 6-10- published 7-8-96 Agricultural Marketing butylated polymer; 96 Service ENVIRONMENTAL comments due by 8-9-96; NATIONAL LABOR published 7-10-96 Peanuts, domestically PROTECTION AGENCY RELATIONS BOARD produced; comments due by Air pollutants, hazardous; FEDERAL Summary judgment motions 8-7-96; published 7-8-96 national emission standards: COMMUNICATIONS and advisory opinions; COMMISSION AGRICULTURE State programs approval Federal regulatory review; DEPARTMENT and Federal authorities Radio stations; table of comments due by 8-5-96; delegation; comments due assignments: published 7-5-96 Food Safety and Inspection by 8-9-96; published 7-10- Service Arkansas; comments due by NAVAJO AND HOPI INDIAN 96 8-5-96; published 6-19-96 RELOCATION OFFICE Meat and poultry inspection: Air pollution; standards of California; comments due by Archaeological resources Public Health Hazard performance for new 8-5-96; published 6-19-96 protection: Analysis Board; bone stationary sources: Lands developed for particles and foreign Mississippi; comments due Medical waste incinerators; resettlement purposes; material in meat and by 8-5-96; published 6-19- comments due by 8-8-96; comments due by 8-7-96; poultry products; report 96 published 6-20-96 published 7-8-96 availability; comments due FEDERAL TRADE by 8-5-96; published 7-5- Air programs: COMMISSION NUCLEAR REGULATORY 96 Outer Continental Shelf Trade regulation rules: COMMISSION regulations-- Environmental protection; AGRICULTURE Food retailing and gasoline domestic licensing and DEPARTMENT California; comments due industries; games of by 8-8-96; published 7- related regulatory functions: Grain Inspection, Packers chance; comments due by 9-96 Nuclear power plant and Stockyards 8-6-96; published 6-7-96 Air quality implementation operating licenses; Administration INTERIOR DEPARTMENT plans: environmental review for Fees: Indian Affairs Bureau Transportation conformity renewal; comments due Inspection services for rule; flexibility and Indian Gaming Regulatory Act; by 8-5-96; published 7-18- commodities other than streamlining implementation: 96 rice; comments due by 8- Tribal revenue allocation Fitness-for-duty programs: 7-96; published 7-8-96 Transportation conformity pilot program; plans; comments due by Requirements modifications; COMMERCE DEPARTMENT participation; comments 8-6-96; published 6-7-96 comments due by 8-7-96; National Oceanic and due by 8-8-96; Land and water: published 5-9-96 Atmospheric Administration published 7-9-96 Tribal electric power utilities; STATE DEPARTMENT Fishery conservation and Air quality implementation comments due by 8-6-96; Visas; nonimmigrant management: plans; approval and published 6-7-96 documentation: vi Federal Register / Vol. 61, No. 147 / Tuesday, July 30, 1996 / Reader Aids

Visa waiver pilot program; Aviat Aircraft, Inc.; systems; comments due extended examination; Argentina; comments due comments due by 8-9-96; by 8-5-96; published 6-4- comments due by 8-5-96; by 8-7-96; published 7-8- published 6-6-96 96 published 6-5-96 96 Boeing; comments due by Rollover prevention; TRANSPORTATION 8-5-96; published 6-26-96 customer information-- TREASURY DEPARTMENT DEPARTMENT CFM International; Stability label for light Fiscal Service Coast Guard comments due by 8-5-96; vehicles; comments due Drawbridge operations: published 6-4-96 by 8-5-96; published 6- Financial management California; comments due by McDonnell Douglas; 5-96 services: 8-7-96; published 7-8-96 comments due by 8-5-96; National Traffic and Motor Electrical engineering: published 6-6-96 Vehicle Safety Act; fee Depositaries and financial Merchant vessels; electrical Pratt & Whitney; comments schedule; comments due by agents of Federal engineering requirements; due by 8-5-96; published 8-8-96; published 6-24-96 Government; comments comments due by 8-5-96; 6-4-96 TREASURY DEPARTMENT due by 8-5-96; published published 6-4-96 Textron Lycoming; Customs Service 6-21-96 TRANSPORTATION comments due by 8-6-96; Customs bonds: DEPARTMENT published 6-7-96 Duty-free stores; use of Implementation of Equal Class E airspace; comments records generated and Access to Justice Act: due by 8-5-96; published 7- maintained by warehouse LIST OF PUBLIC LAWS Agency proceedings; 3-96 proprietors and importers Federal regulatory review; TRANSPORTATION instead of specially Note: No public bills which comments due by 8-5-96; DEPARTMENT prepared Customs forms; have become law were published 6-6-96 National Highway Traffic comments due by 8-5-96; received by the Office of the TRANSPORTATION Safety Administration published 6-6-96 Federal Register for inclusion DEPARTMENT Motor vehicle safety Merchandise; examination, in today's List of Public Federal Aviation standards: sampling, and testing: Laws. Administration Power-operatated window, Detention procedures for Airworthiness directives: partition, and roof panel merchandise undergoing Last List July 26, 1996