Pages 43301±43410 Vol. 61 8±22±96 No. 164 federal register August 22,1996 Thursday of thisissue. Washington, DC,seeannouncementontheinsidecover For informationonbriefingsinNewYork,NYand Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996

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2 III

Contents Federal Register Vol. 61, No. 164

Thursday, August 22, 1996

Agriculture Department See National Institute of Standards and Technology See Animal and Plant Health Inspection Service See National Oceanic and Atmospheric Administration See Grain Inspection, Packers and Stockyards See Patent and Trademark Office Administration See Natural Resources Conservation Service Committee for the Implementation of Textile Agreements NOTICES NOTICES Agency information collection activities: Cotton, wool, and man-made textiles: Submission for OMB review; comment request, 43328– El Salvador, 43396–43397 43330 Defense Department Air Force Department See Air Force Department NOTICES See Army Department Base realignment and closure: See Engineers Corps Wurtsmith Air Force Base, MI; disposal and reuse, NOTICES 43347–43348 Grants and cooperative agreements; availability, etc.: Patent licenses; non-exclusive, exclusive, or partially Local educational agencies assistance, 43346–43347 exclusive: Polychip, Inc., 43348 Drug Enforcement Administration Senior Executive Service: NOTICES Performance Review Boards: membership, 43348 Applications, hearings, determinations, etc.: West, Mitchell F., D.O., 43384–43385 Animal and Plant Health Inspection Service RULES Employment and Training Administration Exportation and importation of animals and animal NOTICES products: Agency information collection activities: African swine fever; disease status change— Proposed collection; comment request, 43386 Spain, 43305–43307 PROPOSED RULES Energy Department Viruses, serums, toxins, etc.: See Federal Energy Regulatory Commission Veterinary biologics establishment licenses and biological See Hearings and Appeals Office, Energy Department product licenses and permits, 43316–43317

Antitrust Division Engineers Corps NOTICES NOTICES Competitive impact statements and proposed consent Base realignment and closure: judgments: Surplus Federal property— Women’s Hospital Foundation et al., 43380–43384 Fort McClellan, AL, 43348–43349

Army Department Export Administration Bureau See Engineers Corps NOTICES NOTICES Meetings: Meetings: Sensors and Instrumentation Technical Advisory Armed Forces Institute of Pathology Scientific Advisory Committee, 43332–43333 Board, 43348 Federal Aviation Administration Arts and Humanities, National Foundation RULES See National Foundation on the Arts and the Humanities Airworthiness directives: Jetstream, 43307–43310 Centers for Disease Control and Prevention VOR Federal airways; correction, 43310 NOTICES PROPOSED RULES Committees; establishment, renewal, termination, etc.: Airworthiness directives: National Center for Environmental Health, Advisory HOAC Austria, 43317–43319 Committee to Director, 43366 Pilatus Britten-Norman, 43319–43320 Class C and Class D airspace, 43320–43324 Civil Rights Commission NOTICES NOTICES Meetings: Meetings; State advisory committees: RTCA, Inc., 43397 Texas, 43332 Federal Communications Commission Commerce Department NOTICES See Export Administration Bureau Applications, hearings, determinations, etc.: See International Trade Administration Chester Broadcasting Co., Inc., 43360 IV Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Contents

Federal Energy Regulatory Commission Health Care Financing Administration NOTICES NOTICES Agency information collection activities: Agency information collection activities: Submission for OMB review; comment request, 43349 Proposed collection; comment request, 43373 Electric rate and corporate regulation filings: Submission for OMB review; comment request, 43373– Western Systems Power Pool et al., 43352–43353 43374 Hydroelectric applications, 43353–43356 Applications, hearings, determinations, etc.: Health Resources and Services Administration Alabama-Tennessee Natural Gas Co., 43349 NOTICES Edison Source, 43349–43350 Grant and cooperative agreement awards: Engineered Energy Systems Corp., 43350 George Mason University Center for Health Policy, Kennebec Water District et al., 43350–43351 43374–43375 Monterey Consulting Associates, Inc., 43351 Grants and cooperative agreements; availability, etc.: NorAm Gas Transmission Co., 43351, 43351–43352 Health professions education partnerships, 43375–43376 Preferred Energy Services, Inc., 43352 Sonat Power Marketing L.P., 43352 Hearings and Appeals Office, Energy Department NOTICES Federal Highway Administration Cases filed, 43356–43360 NOTICES Environmental statements; notice of intent: Interior Department Pointe Coupee Parish et al., LA, 43398 See Land Management Bureau National highway system route marker study; comment See Minerals Management Service request, 43402–43404 See National Park Service

International Trade Administration Federal Maritime Commission NOTICES NOTICES Antidumping: Freight forwarder licenses: Extruded rubber thread from— Armando’s Freight Forwarders et al., 43360–43361 Malaysia, 43333 Melamine institutional dinnerware products from— Federal Reserve System China, 43337–43341 NOTICES Indonesia, 43333–43337 Banks and bank holding companies: Taiwan, 43341–43345 Formations, acquisitions, and mergers, 43361 Formations, acquisitions, and mergers; correction, 43361 Justice Department Permissible nonbanking activities; correction, 43361– See Antitrust Division 43362 See Drug Enforcement Administration

Federal Trade Commission Labor Department NOTICES See Employment and Training Administration Premerger notification waiting periods; early terminations, See Pension and Welfare Benefits Administration 43362–43363 NOTICES Agency information collection activities: Submission for OMB review; comment request, 43385– Food and Drug Administration 43386 NOTICES Committees; establishment, renewal, termination, etc.: Land Management Bureau Medical Devices Advisory Committee et al., 43366–43370 NOTICES Meetings: Meetings: Advisory committees, panels, etc., 43370–43373 Resource advisory councils— Miles City District, 43376 Grain Inspection, Packers and Stockyards Administration Opening of public lands: RULES Idaho, 43377 Fees: Montana, 43377 Official inspection, weighing, and appeal inspection Realty actions; sales, leases, etc.: services, 43301–43305 Idaho, 43377–43378

Health and Human Services Department Minerals Management Service See Centers for Disease Control and Prevention NOTICES See Food and Drug Administration Agency information collection activities: See Health Care Financing Administration Submission for OMB review; comment request, 43378– See Health Resources and Services Administration 43379 See Substance Abuse and Mental Health Services Administration National Archives and Records Administration NOTICES NOTICES Organization, functions, and authority delegations: Agency information collection activities: Grants and Acquisition Management Office, 43363–43365 Proposed collection; comment request, 43388 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Contents V

National Communications System PROPOSED RULES NOTICES Domestic licensing; outdated references deleted, and minor Telecommunications operations directives: change, 43409–43410 Communications resource information sharing initiative, NOTICES 43388–43389 Generic letters: Control rod drive mechanisms and other vessel head National Foundation on the Arts and the Humanities penetrations; primary water stress corrosion cracking, NOTICES 43393 Meetings: Applications, hearings, determinations, etc.: Arts in Education Advisory Panel, 43331 Commonwealth Edison Co., 43391–43393 Arts National Council, 43331 Combined Arts Advisory Panel, 43331–43332 Patent and Trademark Office Leadership Initiatives Advisory Panel, 43332 RULES Patent cases: National Highway Traffic Safety Administration Fee revisions NOTICES Correction,43400 Meetings: Research and development programs, 43398–43399 Pension and Welfare Benefits Administration National Institute of Standards and Technology NOTICES NOTICES Meetings: Inventions, Government-owned; availability for licensing, Employee Welfare and Pension Benefit Plans Advisory 43345 Council, 43386–43388 Meetings: Computer System Security and Privacy Advisory Board, Public Health Service 43345–43346 See Centers for Disease Control and Prevention See Food and Drug Administration National Oceanic and Atmospheric Administration See Health Resources and Services Administration RULES See Substance Abuse and Mental Health Services Fishery conservation and management: Administration Bering Sea and Aleutian Islands groundfish, 43312–43315 PROPOSED RULES Fishery conservation and management: Secret Service Bering Sea and Aleutian Islands groundfish, 43325–43327 NOTICES NOTICES Agency information collection activities: Meetings: Proposed collection; comment request, 43399 New England Recovery Plan Implementation Team, 43346 Securities and Exchange Commission National Park Service PROPOSED RULES NOTICES Securities, etc.: Meetings: Independent Offices Appropriations Act fees; elimination Jimmy Carter National Historic Site Advisory Correction, 43400 Commission, 43379–43380 NOTICES Mojave National Preserve Advisory Commission, 43380 Securities: Suspension of trading— National Science Foundation Comparator Systems Corp.; correction, 43400 NOTICES Self-regulatory organizations; proposed rule changes: Meetings: Chicago Stock Exchange, Inc., 43393–43394 Design, Manufacture, and Industrial Innovation Special New York Stock Exchange, Inc.; correction, 43400 Emphasis Panel, 43389–43390 Elementary, Secondary and Informal Education Special State Department Emphasis Panel, 43390 RULES Geosciences Special Emphasis Panel, 43390 Nationality and passports: Polar Programs Special Emphasis Panel, 43390–43391 Passports and U.S. nationality claims in foreign Social, Behavioral, and Economic Sciences Special countries; persons authorized to issue and Emphasis Panel, 43391 adjudicate, 43310–43312 NOTICES Natural Resources Conservation Service Agency information collection activities: NOTICES Submission for OMB review; comment request, 43394– Committees; establishment, renewal, termination, etc.: 43395 Agricultural Air Quality Task Force, 43330–43331 Meetings: Private International Law Advisory Committee, 43395 Nuclear Regulatory Commission Passport travel restrictions, U.S.: RULES Lebanon, 43395 Domestic licensing; outdated references deleted, and minor Shrimp trawl fishing; turtle protection guidelines; change, 43406–43408 certifications, 43395–43396 VI Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Contents

Substance Abuse and Mental Health Services Treasury Department Administration See Secret Service NOTICES Meetings: Substance Abuse Prevention Center National Advisory Separate Parts In This Issue Council, 43376 Part II Surface Transportation Board Transportation Department; Federal Highway NOTICES Administration, 43402–43404 Railroad operation, acquisition, construction, etc.: Willamette Valley Railway Co., 43399 Part III Nuclear Regulatory Commission, 43406–43410 Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Reader Aids Additional information, including a list of public laws, Transportation Department telephone numbers, reminders, and finding aids, appears in See Federal Aviation Administration the Reader Aids section at the end of this issue. See Federal Highway Administration See National Highway Traffic Safety Administration See Surface Transportation Board Electronic Bulletin Board NOTICES Free Electronic Bulletin Board service for Public Law International cargo rate flexibility level: numbers, Federal Register finding aids, and a list of Standard foreign fare level— documents on public inspection is available on 202–275– Index adjustment factors, 43397 1538 or 275–0920. Federal Register / Vol. 61, No. 164 / Thursday, August 22, 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.

7 CFR 800...... 43301 9 CFR 94...... 43305 Proposed Rules: 102...... 43316 104...... 43316 10 CFR 2...... 43406 51...... 43406 Proposed Rules: 2...... 43409 51...... 43409 14 CFR 39...... 43307 71 (2 documents) ...... 43310 Proposed Rules: 39 (2 documents) ...... 43317 43319 71...... 43320 17 CFR Proposed Rules: 230...... 43400 240...... 43400 250...... 43400 270...... 43400 275...... 43400 22 CFR 50...... 43310 51...... 43310 37 CFR 1...... 43400 50 CFR 679...... 43312 Proposed Rules: 679...... 43325 43301

Rules and Regulations Federal Register Vol. 61, No. 164

Thursday, August 22, 1996

This section of the FEDERAL REGISTER The change in the way user fees are infrequently. The new fee schedule is contains regulatory documents having general collected provides customers with designed to shift the cost of non-revenue applicability and legal effect, most of which information to better assess the costs of producing time to those users are keyed to and codified in the Code of specific inspection services because the responsible for incurring it. Federal Regulations, which is published under fees will be more service specific than 50 titles pursuant to 44 U.S.C. 1510. Consequently, infrequent users of the under the current hourly rate. Further, service may find the net effect of the The Code of Federal Regulations is sold by it allows savings to be passed on to new hourly fees and per-metric-ton the Superintendent of Documents. Prices of users of the service who invest in administrative fee increases their total new books are listed in the first FEDERAL operational efficiencies. Currently, per-metric-ton cost for inspection REGISTER issue of each week. applicants choose only those services service. Conversely, highly efficient they want, but individual service costs and/or high-volume users of the service are supported by hourly rates without may realize a decrease in their per- DEPARTMENT OF AGRICULTURE segregation. Fiscal year 1993 financial metric-ton cost for inspection service and volume data were used in Grain Inspection, Packers and due to the reduced contract hourly rate developing the new fee structure. While Stockyards Administration and the use of an administrative fee to certain fees are increased and new fees cover overhead and program support 7 CFR Part 800 are established, the revenue generated expenses. using fiscal year 1993 data is equivalent RIN 0580±AA40 to the $23,192,178 collected that year. Most users of the official inspection The new fee structure does include a and weighing services do not meet the Fees for Official Inspection and Official 4 percent increase to recover salary requirements for small entities. Further, Weighing Services increases since 1993, and would have FGIS is required by statute to make AGENCY: Grain Inspection, Packers and generated sufficient revenue to cover services available and to recover costs of Stockyards Administration, USDA. costs for fiscal year 1994 and the costs providing such services as nearly as ACTION: Final rule and Withdrawal of for fiscal year 1995. For information, practicable. Therefore, James R. Baker, Interim final rule. fiscal year 1994 revenues were Administrator, GIPSA, has determined $20,662,062 with obligations of that this final rule does not have a SUMMARY: The Federal Grain Inspection $21,415,400. For fiscal year 1995, significant economic impact on a Service (FGIS), of the Grain Inspection, revenues were $23,382,253 with substantial number of small entities as Packers and Stockyards Administration obligations of $24,015,289, and for the defined in the Regulatory Flexibility Act (GIPSA), is changing the way it collects first half of fiscal year 1996 revenues (5 U.S.C. 601 et seq.). user fees for official inspection and were $1,924,516 with obligations of Executive Order 12778 weighing services performed in the $1,916,609. Obligations include buyout United States under the United States costs, along with costs associated with This final rule has been reviewed Grain Standards Act (USGSA), as office consolidations. under Executive Order 12778, Civil amended. The new fee structure Presently, users of the inspection Justice Reform. This action does not establishes fees for specific services service are charged on an hourly basis. have a retroactive effect. The USGSA using hourly rates and/or unit fees. This This hourly rate includes the salary and structure provides customers with provides in § 87g that no subdivision benefits for each service representative may require or impose any requirements information to better assess the cost of providing the service, as well as a specific services, and allows FGIS to or restrictions concerning the portion of overhead and program inspection, weighing, or description of pass savings (in the form of fewer support costs. The overall cost of a wide billable hours) to customers who invest grain under the Act. Otherwise, this variety of services, e.g., grading, final rule does not preempt any State or in operational efficiencies. The new fee weighing, wheat protein measurement, structure includes a 4 percent increase local laws, regulations, or policies soybean protein and oil measurement, unless they present irreconcilable to recover salary increases. and aflatoxin detection, are averaged conflict with this rule. There are no EFFECTIVE DATE: October 1, 1996. together and recovered through an administrative procedures which must FOR FURTHER INFORMATION CONTACT: hourly service rate. Under the new be exhausted prior to any judicial George Wollam, USDA, GIPSA, Room system, customers will be charged a challenge to provisions of this rule. 0623 South Building, STOP 3649, 1400 lower base hourly rate plus a unit fee to Independence Avenue, SW, cover the cost of the specific service Information Collection and Washington, DC 20250–3649, or they request, such as wheat protein. Recordkeeping Requirements telephone (202) 720–0292. Overhead and program costs will be In compliance with the Paperwork SUPPLEMENTARY INFORMATION: recovered through a per-metric-ton volume fee assessed on all grain loaded Reduction Act (44 U.S.C. Chapter 3504), Executive Order 12866 and Regulatory from a facility. the previously approved information Flexibility Act This rule may have an economic collection and recordkeeping This rule has been determined to be impact on infrequent users of the requirements concerning applications significant for the purposes of Executive service. FGIS incurs difficulty balancing for inspection and weighing services Order 12866 and, therefore, has been costs and revenue in some locations have been approved by the Office of reviewed by the Office of Management where customers desire local FGIS Management and Budget under control and Budget. service capacity but use the service number 0580–0013. 43302 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Rules and Regulations

Background not recovered through the hourly fee or scales, moisture meters and NIR On November 30, 1995, FGIS administrative fee. analyzers), NTEP Prototype Evaluation of Railroad Track Scales, Mass proposed in the Federal Register (60 FR 3. Administrative Fee 61499) to change the way it collects user Standards Calibration and A per-metric-ton administrative Reverification, Special Projects, Foreign fees for official inspection and weighing charge is implemented to recover the services performed under the USGSA. Travel, Online Customized Data Export indirect costs of FGIS field offices and Grain Information System (EGIS) The USGSA fees for inspection and headquarters such as the salaries and weighing services were last increased Service, Samples Provided to Interested benefits for office management and Parties, Divided-Lot Certificates, Extra and became effective on May 20, 1991 support staff, and rent. This charge is (56 FR 15803). Currently, they appear in Copies of Certificates, Faxing, Special assessed on all outbound grain Mailing, and Preparing Certificates 7 CFR § 800.71, Schedule A, Fees for inspected and/or weighed at an Official Inspection, Weighing, and Onsite. applicant’s facility. Six levels of fees are Further, FGIS is establishing a unit fee Appeal Inspection Services Performed implemented ranging from 1 metric ton in the United States. to recover expenses incurred when FGIS or less to over 7,000,001 metric tons employees are requested to provide FGIS is revising § 800.71, Schedule with fees decreasing as the number of A—Fees for Official Inspection, consulting services outside the United metric tons inspected increases. The States. Currently, there is no fee for Weighing, and Appeal Inspection charge is assessed in addition to the Services Performed in the United States. recovering costs of salary, travel, per base hourly rate. At the beginning of diem, and related costs which is not Instead of one schedule covering all each fiscal year (October 1), all related to an official service provided on services, there are now three new tables. applicants pay the same per-metric-ton a shipment of grain at the time of export The new tables are: Table 1, ‘‘Fees for fee. Once a level has been reached, the from the United States. For example, an Official Services Performed at an fee for additional metric tons is reduced exporter may ask for an FGIS Applicant’s Facility in an Onsite FGIS until the maximum volume level is microbiologist to consult with Laboratory;’’ Table 2, ‘‘Services reached. Inspections performed on grain microbiologists in an importing country Performed at Other Than an Applicant’s that cannot be captured as part of the to resolve adispute on the presence of Facility in an FGIS Laboratory;’’ and metric ton charge has a unit fee assessed grain fungi; or a USDA cooperator may Table 3, ‘‘Miscellaneous Services.’’ in addition to the hourly rate to recover request an FGIS inspector to conduct Schedule A, Table 1. This table covers overhead costs. Inspections such as all services performed onsite at an submitted samples, factor only, and training for inspectors in an importing applicant’s facility and continues the sacked grain are included. country. existing provision for using contract and Schedule A, Table 2, covers fees for FGIS is also changing §§ 800.72 and noncontract hourly rates. The hourly inspection and weighing services where 800.73 of the regulations to further rates are calculated to include only FGIS does not have an onsite laboratory clarify the application of fees covered in those costs directly related to labor and at an applicant’s facility. The fees in this Schedule A. Specifically, service do not include overhead. The current 1 table are a mixture of hourly rates and provided under Schedule A covers year contract is retained, but provisions unit fees. They cover a vast array of service provided within 25 miles of the are included for 3- and 6-month specific services presently provided employee’s assigned duty point. Travel, contracts. FGIS will evaluate the use of under the current hourly rates. The per diem, and other related costs are 3- and 6-month contracts after 1-year to hourly rates applied in Table 2 are the assessed for providing service beyond determine if they shall be continued. appropriate rates from Table 1, unless the 25-mile limit. A minimum fee is The rate differences between 1-year, 6- specific hourly rates are identified. Unit established for services identified in month, and 3-month contracts reflect fees cover the time required to perform Table 2 performed outside of normal the costs associated with increased staff the service plus a portion for overhead. business hours Monday through Friday. production under a contract. The types of service provided under Comment Review these fees include inspection for grade 1. Hourly Rates and factor for specific carriers probe FGIS received four comments during The new hourly rates are divided into sampled or sampled online, additional the 60-day comment period. Two four categories related to how FGIS services and testing (i.e., individual comments were from grain handling employees are paid: regular time (6 a.m. tests), Board appeals and appeals, trade associations, one from a State, and to 6 p.m.), 10 percent night differential weighing (Class X and Y), and stowage one from a steamship association. Both (6 p.m. to 6 a.m.), overtime at 11⁄2 the examinations. comments from the grain handling trade regular hourly rate (for applicant-caused Schedule A, Table 3, provides fees to associations were generally supportive or requested overtime), and holiday cover a variety of services not included of the proposed rule; however, one rates at double the regular hourly rate in the previous tables. As with Table 2, commented that under the current (all hourly rates other than those of the change in the fee structure from an hourly fees FGIS field office managers regular time are calculated using only hourly fee that recovers all costs to a are encouraged to assign more the average base hourly rate; this does service-specific fee structure requires a employees to a shift than may be not include personnel benefits). listing of specific services currently prudent. The commentor went on to say funded by the hourly rate. These that the proposed fee structure does 2. Additional Tests service-specific fees are a mixture of promote a more fair allocation of costs, Additional unit fees for certain tests hourly rates and unit fees and apply to but does not go far enough to reduce such as Aflatoxin, Vomitoxin, Soybean Grain Grading Seminars, Certification of direct labor costs through job protein and/or oil, Sunflower oil, Wheat Diverter Samplers, Special Services, consolidation or by assigning protein, Waxy corn, and Class Y Scale Testing and Certification, supervisory personnel collateral duty weighing are implemented. These fees Evaluation of Weighing and Material for performing additional tests in those will recover additional costs incurred Handling Systems, National Type situations where the shift supervisor or such as testing materials, equipment, Evaluation Program (NTEP) Prototype journeyman grader are qualified or and hazardous waste disposal which are Evaluation (this hourly rate applies to capable of doing the additional test. Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Rules and Regulations 43303

FGIS does not agree that its field way to recover its costs and provide the October 1, 1996, Effective Date office managers are over staffing shifts grain industry quality service. FGIS under the current hourly fees. FGIS agrees re-examining ship holds will cost The changes to the fee schedules further believes that direct labor costs more to the steamship line if the made in this final rule are effective will be reduced through the new lower inspections are done in different parts of October 1, 1996. That date corresponds hourly rate fee structure which includes the country. Therefore, FGIS is to the beginning of the 1997 fiscal year a lower hourly rate for online modifying the provisions for charging and the start of a new accounting cycle. supervisory personnel and the recovery for stowage examinations when the List of Subjects in 7 CFR Part 800 of overhead through a per-metric-ton initial examination was performed at a administrative fee. FGIS does utilize its different port. FGIS will not charge the Administrative practice and inspection personnel to their maximum minimum fee and will charge the per procedure; Grain. potential. hold charge if the ship has moved from For the reasons set out in the The comment from the State was one port to another. entirely supportive and encouraged While the comment concerning FGIS preamble, 7 CFR Part 800 is amended as FGIS to adopt a unit fee for direct increasing the hours and personnel follows: services provided to the industry with available for inspection is not within the PART 800ÐGENERAL REGULATIONS minimum hourly rates. scope of this rulemaking, we do note The comment from the steamship that stowage examination is conducted 1. The authority citation for Part 800 association requested that FGIS generally during daylight hours. continues to read as follows: maintain the current hourly rate with a small increase, that FGIS increase the Withdrawal of Interim Final Rule Authority: Pub. L. 94–582, 90 Stat. 2867, number of hours and personnel On January 8, 1993 (58 FR 3213), as amended (7 U.S.C. 71 et seq.) available for stowage examinations, and FGIS published an interim rule, which 2. Section 800.71 is amended by that stowage examinations and stowage would have implemented fee increases revising Schedule A to read as follows: re-examinations will cost more to the for official inspection and weighing steamship line if the inspections are services, effective February 1, 1993. On § 800.71 Fees assessed by the Service. January 21, 1993, FGIS published in the done in different parts of the country. (a) * * * FGIS has determined that changing Federal Register, a document the way it collects fees from an hourly indefinitely postponing the fee increase. Schedule A.—Fees for Official rate to a combination of reduced hourly This action withdraws the interim final Inspection and Weighing Services rates and unit fees is the most equitable rule published at 58 FR 3213. Performed in the United States

TABLE 1.ÐFEES FOR OFFICIAL SERVICES PERFORMED AT AN APPLICANT'S FACILITY IN AN ONSITE FGIS LABORATORY 1

Monday to Monday to Saturday, Friday Friday Sunday, (6 a.m. to (6 p.m. to and Over- Holidays 6 p.m.) 6 a.m.) time 2

(1) Inspection and Weighing Services Hourly Rates (per service representative)

1-year contract ...... $23.00 $24.80 $32.40 $39.00 6-month contract ...... 25.00 26.80 34.40 43.60 3-month contract ...... 28.00 29.80 37.40 46.60 Noncontract ...... 33.00 35.00 42.80 52.60

(2) Additional Tests (cost per test, assessed in addition to the hourly rate) 3

(i) Aflatoxin (other than Thin Layer Chromatography) ...... $8.50 (ii) Aflatoxin (Thin Layer Chromatography method) ...... 20.00 (iii) Soybean protein and oil (one or both) ...... 1.50 (iv) Wheat protein (per test) ...... 1.50 (v) Sunflower oil (per test) ...... 1.50 (vi) Vomitoxin (qualitative) ...... 7.50 (vii) Vomitoxin (quantitative) ...... 12.50 (viii) Waxy corn (per test) ...... 1.50 (ix) Fees for other tests not listed above will be based on the lowest noncontract hourly rate. (x) Other services (a) Class Y Weighing (per carrier). (1) Truck/container ...... 30 (2) Railcar ...... 1.25 (3) Barge ...... 2.50

(3) Administrative Fee (assessed in addition to all other applicable fees, only one administrative fee will be assessed when inspection and weighing services are performed on the same carrier).

(i) All outbound carriers (per-metric-ton) 4 (a) 1±1,000,000 ...... $0.090 (b) 1,000,001±1,500,000 ...... 0.082 (c) 1,500,001±2,000,000 ...... 0.042 (d) 2,000,001±5,000,000 ...... 0.032 (e) 5,000,001±7,000,000 ...... 0.017 43304 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Rules and Regulations

(f) 7,000,001± ...... 0.002 (ii) Additional services (assessed in addition to all other fees) 3 (a) Submitted sample (per sample-grade and factor) ...... 1.50 (b) Submitted sampleÐFactor only (per factor) ...... 0.70 1 Fees apply for original inspection and weighing, reinspection, and appeal inspection service include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee's assigned duty station. Travel and related expenses will be charged for service outside 25 miles as found in § 800.72(a). 2 Overtime rates will be assessed for all hours in excess of 8 consecutive hours that result from an applicant scheduling or requesting service beyond 8 hours, or if requests for additional shifts exceed existing staffing. 3 Appeal and reinspection services will be assessed the same fee as the original inspection service. 4 The administrative fee is assessed on an accumulated basis beginning at the start of the Service's fiscal year (October 1 each year). Table 2.—Services Performed at Other Table 2.—Services Performed at Other Table 2.—Services Performed at Other Than an Applicant’s Facility in an Than an Applicant’s Facility in an Than an Applicant’s Facility in an FGIS Laboratory 1 2 FGIS Laboratory 1 2—Continued FGIS Laboratory 1 2—Continued (1) Original Inspection and (d) Wheat protein (per (j) Fees for other tests not Weighing (Class X) Services test) ...... $7.80 listed above will be (i) Sampling only (use hourly (e) Sunflower oil (per test) $7.80 based on the lowest rates from Table 1) (f) Vomitoxin (qualitative) $25.00 noncontract hourly rate (ii) Stationary lots (sampling, (g) Vomitoxin (quan- from Table 1. grade/factor, and check- titative) ...... $30.00 (iii) Review of weighing (per loading) (h) Waxy corn (per test) .... $9.00 hour per service representa- (a) Truck/trailer/container (i) Canola (per test—00 tive) ...... $63.50 (per carrier) ...... $17.60 dip test) $9.00 (3) Stowage examination (serv- 3 (b) Railcar (per carrier) ..... $27.00 (j) Pesticide Residue Test- ice-on- request) (c) Barge (per carrier) ...... $173.60 ing 3 (i) Ship (per stowage space) (d) Sacked grain (per hour (1) Routine Compounds (minimum $250 per ship) .... $50.00 per service representa- (per sample) ...... $200.00 (ii) Subsequent ship examina- tive plus an administra- 5 (2) Special Compounds tions (same as original) tive fee per hundred- (per service represent- (minimum $150 per ship) weight) (CWT) ...... $0.02 ative) ...... $100.00 (iii) Barge (per examina- (iii) Lots sampled online dur- (k) Fees for other tests not list- tion) ...... $40.00 ing loading (sampling charge ed above will be based on (iv) All other carriers (per under (i) above plus) the lowest noncontract hour- examination) ...... $15.00 (a) Truck/trailer container ly rate from Table 1. 1 (per carrier) ...... $9.40 Fees apply for original inspection and (b) Railcar (per carrier) ..... $18.80 (2) Appeal inspection and re- weighing, reinspection, and appeal in- 4 (c) Barge (per carrier) ...... $107.60 view of weighing service. spection service include, but are not lim- (d) Sacked grain (per hour (i) Board Appeals and Appeals ited to, sampling, grading, weighing, per service representa- (grade and factor) ...... $74.60 prior to loading stowage examinations, tive plus an administra- (a) Factor only (per fac- and certifying results performed within tive fee per hundred- tor—max 2 factors) ...... $38.00 25 miles of an employee’s assigned duty weight) (CWT) ...... $0.02 (b) Sampling service for station. Travel and related expenses will (iv) Other services Appeals additional be charged for service outside 25 miles (a) Submitted sample (per (hourly rates from Table are found in § 800.72 (a). sample—grade and fac- 1). 2 An additional charge will be assessed tor) ...... $10.00 (ii) Additional tests (assessed when the revenue from the services in (b) Warehouseman inspec- in addition to all other ap- Schedule A, Table 2, does not cover what tion (per sample) ...... $17.00 plicable fees) would have been collected at the applica- (c) Factor only (per fac- (a) Aflatoxin (per test, ble hourly rate as provided in § 800.72 tor—maximum 2 fac- other than TLC) ...... $25.00 (b). tors) ...... $4.10 (b) Aflatoxin (TLC) ...... $110.00 3 If performed outside of normal business, (d) Checkloading/condi- (c) Soybean protein and 11⁄2 times the applicable unit fee will be tion examination (use oil (one or both) ...... $15.30 charged. hourly rates from Table (d) Wheat protein (per 4 If, at the request of the Service, a file sam- 1, plus an administra- test) ...... $15.30 ple is located and forwarded by the tive fee per hundred- (e) Sunflower oil (per test) $15.30 Agency for an official appeal, the Agency weight if not previously may, upon request, be reimbursed at the (f) Vomitoxin (per test— assessed) (CWT) ...... $0.02 rate of $2.50 per sample by the Service. qualitative) ...... $35.00 (e) Reinspection (grade 5 If a ship has had, and passed, a stowage (g) Vomitoxin (per test— and factor only. Sam- examination at one port location but not quantitative) ...... $40.00 pling service additional, loaded all holds examined, then moved (h) Vomitoxin (per test— item (i) above ...... $11.00 to another port, the subsequent stowage HPLC Board Appeal) ..... $125.70 (f) Class X Weighing (per examination shall charged the minimum 3 hour per service rep- (i) Pesticide Residue Testing . hold fee but only the per hold unit resentative) ...... $43.60 (1) Routine Compounds charge. (v) Additional tests (excludes (per sample) ...... $200.00 sampling) (2) Special Compounds Table 3.—Miscellaneous Services 1 (a) Aflatoxin (per test— (per service representa- other than TLC method) $25.00 tive) ...... $100.00 (1) Grain grading seminars (per (b) Aflatoxin (per test— hour per service representa- TLC method) ...... $100.50 tive) ...... $43.60 (c) Soybean protein and oil (one or both) ...... $7.80 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Rules and Regulations 43305

Table 3.—Miscellaneous Services 1— charges will be prorated between applicant, an agreement for 12 equal Continued applicants. monthly payments may be entered into (2) Certification of diverter-type (b) In addition to a 2-hour minimum for payment of the administrative fee. mechanical samplers (per hour charge for service on Saturdays, These monthly payments will be based per service representative) ...... $43.60 Sundays, and holidays, an additional on the previous fiscal year’s volume (3) Special services (per hour per charge will be assessed when the applied to the current year’s service representative):. administrative fee schedule. If the (i) Scale testing and certifi- revenue from the services in § 800.71, cation ...... $43.60 Schedule A, Table 2, does not equal or volume of grain inspected is more than (ii) Evaluation of weighing exceed what would have been collected the amount of grain agreed upon at the and material handling sys- at the applicable hourly rate. The beginning of the fiscal year, at the point tems ...... $43.60 additional charge will be the difference the agreed upon volume is exceeded, (iii) NTEP Prototype evalua- between the actual unit fee revenue and the current year’s administrative fee tion (other than Railroad the hourly fee revenue. Hours accrued schedule shall apply to the remaining Track Scales) ...... $43.60 for travel and standby time shall apply amount of grain for the rest of the fiscal (iv) NTEP Prototype evalua- in determining the hours for the year. If the volume of grain inspected is tion of Railroad Track less than the agreed upon amount, any Scales (usage fee per day minimum fee. for test car) ...... $100.00 4. Section 800.73 is revised to read as excess monies paid to the Service shall (v) Mass standards calibra- follows: be applied to the next fiscal year’s tion and reverification ...... $43.60 administrative fee unless a request for a § 800.73 Computation and payment of (vi) Special projects ...... $43.60 refund is made by the applicant. service fees; general fee information. (4) Foreign travel (per day per (f) Advance payment. As necessary, service representative) ...... $416.00 (a) Computing hourly rates. The the Administrator may require that fees (5) Online customized data EGIS applicable hourly rate will be assessed shall be paid in advance of the service in quarter hour increments for: performance of the requested service. (i) One data file per week for (1) Travel from the FGIS field office Any fees paid in excess of the amount 1 year ...... $500.00 or assigned duty station to the service due shall be used to offset future (ii) One data file per month point and return; billings, unless a request for a refund is for 1 year ...... $300.00 (2) The performance of the requested made by the applicant. (6) Samples provided to inter- service, less mealtime. ested parties (per sample) ...... $2.50 (g) Form of payment. Bills for fees (7) Divided-lot certificates (per (b) Application of fees when service is assessed under the regulations in this certificate) ...... $1.50 delayed or dismissed by the applicant. part for official services performed by (8) Extra copies of certificates The applicable hourly rate will be FGIS shall be paid by check, draft, or (per certificate) ...... $1.50 assessed for the entire period of money order, payable to the U.S. (9) Faxing (per page) ...... $1.50 scheduled service when: Department of Agriculture, Grain (10) Special mailing (actual cost). (1) Service has been requested at a Inspection, Packers and Stockyards (11) Preparing certificates onsite specified location; Administration. or during other than normal (2) A service representative is on duty Dated: August 16, 1996. business hours (use hourly and ready to provide service but is rates from Table 1). unable to do so because of a delay not Shirley Watkins, 1 Any requested service that is not listed caused by the Service; and Acting Assistant Secretary, Marketing and will be performed at the applicable non- (3 FGIS officials determine that the Regulatory Programs. contract hourly rate. service representative cannot be utilized [FR Doc. 96–21391 Filed 8–21–96; 8:45 am] 2 Regular business hours-Monday thru to provide service elsewhere without BILLING CODE 3410±EN±P Friday- service provided at other than cost to the Service. regular hours charged at the applicable overtime hourly rate. (c) Application of fees when an application for service is withdrawn or Animal and Plant Health Inspection Service ***** dismissed. The applicable hourly rate will be assessed to the applicant for the 3. Section 800.72 is revised to read as 9 CFR Part 94 entire period of scheduled service if the follows: request is withdrawn or dismissed after [Docket No. 96±025±2] § 800.72 Explanation of additional service the service representative departs for the fees for services performed in the United service point, or if the service request is Change in Disease Status of Spain States only. not canceled by 2 p.m., local time, the Because of African Swine Fever (a) When transportation of the service business day preceding the date of AGENCY: Animal and Plant Health representative to the service location (at scheduled service. However, the Inspection Service, USDA. other than a specified duty point) is applicable hourly rate will not be ACTION: Final rule. more than 25 miles from an FGIS office, assessed to the applicant if FGIS the actual transportation cost in officials determine that the service SUMMARY: We are amending the addition to the applicable hourly rate representative can be utilized elsewhere regulations by declaring Spain free of for each service representative will be or released without cost to the Service. African swine fever. This action is assessed from the FGIS office to the (d) To whom fees are assessed. Fees appropriate because there have been no service point and return. When for inspection, weighing, and related confirmed outbreaks of African swine commercial modes of transportation services performed by service fever in Spain since September 1994. (e.g., airplanes) are required, the actual representatives, including additional This rule relieves restrictions on the expense incurred for the round-trip fees as provided in § 800.72, shall be importation of pork and pork products travel will be assessed. When services assessed to and paid by the applicant for into the United States from Spain. are provided to more than one the service. However, because Spain shares common applicant, the travel and other related (e) Monthly payment of land borders with countries affected by administrative fee. At the option of the certain swine diseases and because 43306 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Rules and Regulations

Spain, as a member state of the industry and a foreign government. All Portugal (countries affected by serious European Union, has certain trade responses were in favor of the swine diseases) and Spain’s trading practices that are less restrictive than provisions outlined in the proposed practices as a member state of the are acceptable to the United States, the rule. European Union, other requirements importation into the United States of Therefore, based on the rationale set continue to restrict the importation of pork and pork products from Spain forth in the proposed rule, we are pork and pork products from Spain. continues to be subject to certain adopting the provisions of the proposal In 1992, the majority (approximately restrictions. as a final rule without change. 96.3 percent) of all hog and pig farmers in the United States qualified as small EFFECTIVE DATE: September 6, 1996. Effective Date FOR FURTHER INFORMATION CONTACT: Dr. entities. However, we expect the impact This is a substantive rule that relieves of relieving restrictions on live swine John Cougill, Staff Veterinarian, restrictions and, pursuant to the Products Program, National Center for imports from Spain on these producers provisions of 5 U.S.C. 553, may be made to be minimal because the swine Import and Export, VS, APHIS, 4700 effective less than 30 days after River Road Unit 40, Riverdale, MD industry of Spain is relatively small publication in the Federal Register. compared to the market in the United 20737–1231, (301) 734–8688; or e-mail: This rule removes Spain from the list of States. In 1994, swine production in [email protected]. countries where ASF exists or is Spain was estimated to be 26.7 million SUPPLEMENTARY INFORMATION: reasonably believed to exist. This action head, compared to swine production in relieves certain restrictions on the Background the United States of over 100 million importation of pork and pork products head. Also, in 1994, Spain exported a The regulations in 9 CFR part 94 into the United States from Spain, little more than 0.5 million live swine, (referred to below as the regulations) including restrictions on the or less than 2 percent of its total swine govern the importation into the United importation of live swine and fresh pork production, and all of those animals States of specified animals and animal and pork products, and eliminates were directed to countries in Europe. products in order to prevent the requirements on the curing time for Total imports of live swine into the introduction into the United States of Spanish hams and other pork products United States are very small relative to various animal diseases, including offered for importation into the United domestic production. In 1993, only 1.75 rinderpest, foot-and-mouth disease, States from Spain. We have determined million head were imported into the bovine spongiform encephalopathy, that approximately 2 weeks are needed United States. Due to transportation swine vesicular disease, hog cholera, to ensure that the Animal and Plant costs and other factors, nearly all of the and African swine fever (ASF). These Health Inspection Service personnel at live swine imported into the United are dangerous and destructive ports of entry receive official notice of States (more than 99.8 percent in 1993) communicable diseases of ruminants this change in the regulations. are from Canada. Most of the live swine and swine. Therefore, the Administrator of the that are imported from Western Europe Section 94.8 of the regulations Animal and Plant Health Inspection into the United States are imported in provides that ASF exists or is Service has determined that this rule very small numbers, to be used for reasonably believed to exist in all the should be effective 15 days after genetic improvements of domestic countries of Africa, Brazil, Cuba, Haiti, publication in the Federal Register. stock. We expect that the importation of Italy, Malta, Portugal, and Spain. We swine embryos and semen will not will consider declaring a country to be Executive Order 12866 and Regulatory increase as a result of this rule. free of ASF if there have been no Flexibility Act Movement of swine embryos and semen reported cases of the disease in that This rule has been reviewed under is limited because the technology is not country for at least the previous 1-year Executive Order 12866. For this action, as advanced as it is for other species. period. The last case of ASF in Spain the Office of Management and Budget Like domestic swine producers, the occurred in September 1994. The has waived its review process required majority of pork producers (97 percent Government of Spain has requested that by Executive Order 12866. of 1367 meat packing establishments the U.S. Department of Agriculture In accordance with 5 U.S.C. 601 et and 98 percent of 1264 other processing (USDA) recognize Spain to be free of seq., we have performed a Final plants, according to 1992 data) qualify ASF. Regulatory Flexibility Analysis, which as small entities. We expect the effect of On May 29, 1996, we published in the is set out below, regarding the impact of this rule on these entities will be Federal Register (61 FR 26850–26852, this rule on small entities. minimal because, while Spain produces Docket No. 96–025–1) a proposal to In accordance with 21 U.S.C. 111– a considerable amount of pork (2.107 amend the regulations by removing 113, 114a, 115, 117, 120, 123, and 134a, million metric tons in 1994), its total Spain from the list of countries where the Secretary of Agriculture has the pork production amounts to only about ASF exists or is reasonably believed to authority to promulgate regulations and 26 percent of the total pork production exist. This action would relieve certain take measures to prevent the of the United States. Additionally, most restrictions on the importation of pork introduction into the United States, and of Spain’s pork production is consumed and pork products into the United the interstate dissemination within the within Spain, as its population States from Spain, including restrictions United States, of communicable consumes pork at a rate greater than 1.6 on the importation of live swine and diseases of livestock and poultry. times that of the U.S. population. fresh pork and pork products, and This rule amends the regulations in In 1994, Spain exported would eliminate requirements on the part 94 by removing Spain from the list approximately 83,000 metric tons of curing time for Spanish hams and other of countries where ASF exists or is pork, but more than 97 percent of these pork products offered for importation reasonably believed to exist. This action exports were to European countries. into the United States from Spain. relieves certain restrictions on the While Spanish exports of pork are We solicited comments concerning importation of live swine, pork, and growing and its imports of pork are our proposal for 60 days ending July 29, pork products into the United States declining, Spain has historically been a 1996. We received 5 comments by that from Spain. However, because of net importer of pork. From 1991 to date. They were from representatives of Spain’s proximity to France and 1993, Spain imported well over twice as Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Rules and Regulations 43307 much pork as it exported. Even if Spain imports arriving in the United States PART 94ÐRINDERPEST, FOOT-AND- were able to redirect all of its exports of from Spain will still be required to meet MOUTH DISEASE, FOWL PEST (FOWL pork to the United States, it would Food Safety and Inspection Service PLAGUE), VELOGENIC constitute a small portion of the standards before entering the country. VISCEROTROPIC NEWCASTLE domestic market, as U.S. pork We estimate that there are DISEASE, AFRICAN SWINE FEVER, production was 8 million metric tons in approximately 15 companies in the HOG CHOLERA, AND BOVINE 1994. SPONGIFORM ENCEPHALOPATHY: United States producing significant Since 1985, the United States has PROHIBITED AND RESTRICTED amounts of specialty processed pork expanded its pork exports by more than IMPORTATIONS four times to reach 240,858 metric tons products that will compete with the in 1994. Simultaneously, the United potential imports from Spain. A small 1. The authority citation for part 94 States has decreased its pork imports, as portion of these producers are very continues to read as follows: exemplified by a decrease of large, and these specialty products Authority: 7 U.S.C. 147a, 150ee, 161, 162, approximately 34 percent in 1994, and constitute only a small fraction of their and 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, the trend is continuing. In an average overall business. Therefore, we expect 134a, 134b, 134c, 134f, 136, and 136a; 31 year, up to 90 percent of pork imported the impact of this rule on these large U.S.C. 9701; 42 U.S.C. 4331, and 4332; 7 CFR into the United States comes from companies will be minimal. However, 2.22, 2.80, and 371.2(d). Canada and Denmark. the small producers may be impacted by § 94.8 [Amended] Domestic pork producers most likely additional imports. Yet, without specific 2. In § 94.8, the introductory text is to be affected by this rule are a small information on (1) the quantity of amended by removing the words ‘‘, and number of domestic producers of additional imports generated by the rule Spain’’ and by adding the word ‘‘and’’ specific specialty pork products. We change, (2) the quantity of domestic immediately preceding the word anticipate increased imports into the production, and (3) the degree to which ‘‘Portugal’’. United States from Spain of dry-cured, Spanish imports will displace other ready-to-eat ham; dry-cured, salted, Done in Washington, DC, this 16th day of boneless loin; and dry-cured sausages, imports rather than domestic August 1996. particularly Serrano ham. Most of these production, the impact on small A. Strating, products are similar to Parma and domestic producers cannot be Acting Administrator, Animal and Plant prosciutto hams and other cured pork predicted. Health Inspection Service. products being produced domestically An alternative to this rule was to [FR Doc. 96–21455 Filed 8–21–96; 8:45 am] and produced in other countries for make no changes in the regulations. We BILLING CODE 3410±34±P importation into the United States, but rejected this alternative because Spain Serrano ham is a specialty product with has had no reported cases of ASF since unique water content, color, aroma, and September 1994, and, therefore, we have DEPARTMENT OF TRANSPORTATION flavor. no scientific reason to continue Spain currently produces considering Spain to be a country where Federal Aviation Administration approximately 350,000 metric tons of all ASF exists. types of cured ham per year. It is 14 CFR Part 39 estimated that in 1994 more than Executive Order 12988 [Docket No. 95±CE±94±AD; Amendment 39± 975,000 metric tons of all types of cured 9722; AD 96±17±12] ham were produced in the United This rule has been reviewed under States. While Spanish production of all Executive Order 12988, Civil Justice RIN 2120±AA64 types of cured ham represents Reform. This rule: (1) Preempts all State Airworthiness Directives; Jetstream approximately 36 percent of U.S. cured and local laws and regulations that are Aircraft Limited HP137 Mk1, Jetstream ham production, Spain’s domestic inconsistent with this rule; (2) has no Series 200, and Jetstream Models 3101 consumption of cured pork is retroactive effect; and (3) does not and 3201 Airplanes considerably higher than consumption require administrative proceedings in the United States. About 40 percent before parties may file suit in court AGENCY: Federal Aviation of Spain’s total pork consumption challenging this rule. Administration, DOT. consists of cured pork. In 1994, Spain ACTION: Final rule. exported only 4,135 metric tons of cured Paperwork Reduction Act ham, which amounts to significantly SUMMARY: This amendment supersedes less than 1 percent of total U.S. This rule contains no new Airworthiness Directive (AD) 87–07–01, production of cured pork. These exports information collection or recordkeeping which currently requires the following were directed primarily to France, requirements under the Paperwork on Jetstream Aircraft Limited (JAL) Argentina, Portugal, and Germany. Reduction Act of 1995 (44 U.S.C. 3501 HP137 Mk1, Jetstream series 200, and From all indications, only a few of the et seq.). Jetstream Model 3101 airplanes: largest 18 cured pork producers in List of Subjects in 9 CFR Part 94 repetitively inspecting the nose landing Spain, which account for 50 percent of gear (NLG) top cap assembly securing Spanish production of cured pork, have Animal diseases, Imports, Livestock, bolts for looseness or cracks, retorquing an interest in or a capability for Meat and meat products, Milk, Poultry any loose security bolt, and replacing penetrating the U.S. market over the and poultry products, Reporting and any cracked security bolt. AD 87–07–01 foreseeable future. Further, we estimate recordkeeping requirements. also provides the option of that the maximum amount of cured pork incorporating an NLG modification as Accordingly, 9 CFR part 94 is products that Spain can expect to export terminating action for the repetitive to the United States will likely not amended as follows: inspections. A report of cracked and exceed 500 metric tons annually, and loose bolts found on an airplane with this ceiling will likely not be reached for the above-referenced NLG modification a period of about 5 years because the prompted this action. This action: 43308 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Rules and Regulations retains the repetitive inspections on March 22, 1996 (61 FR 11786). The accomplish the required actions, and required by AD 87–07–01; increases the action proposed to supersede AD 87– that the average labor rate is AD applicability to include Jetstream 07–01 with a new AD that would: approximately $60 an hour. Parts cost Model 3201 airplanes and airplanes that — retain the requirement contained in approximately $1,200 per airplane. have the NLG top cap assembly AD 87–07–01 of repetitively Based on these figures, the total cost modified in accordance with AD 87–07– inspecting the NLG top cap assembly impact of this AD on U.S. operators is 01; requires replacing two of the NLG securing bolts for looseness, estimated to be $342,000 or $2,280 per top cap assembly securing bolts; and retorquing any loose security bolt, and airplane. This figure only takes into incorporates a new NLG top cap replacing any cracked security bolt; account the cost of the required initial assembly that would eliminate the —require replacing two of the NLG top inspection and required inspection- repetitive inspection requirement of the cap assembly securing bolts and terminating modification and does not AD. The actions specified in this AD are checking the other two NLG top cap take into account the cost of the intended to prevent failure of the NLG assembly securing bolts for the correct required repetitive inspections. The caused by cracked or loose securing length; and FAA has no way of determining the bolts, which, if not detected and —require replacing (at a specified time) number of repetitive inspections each of corrected, could lead to NLG collapse the NLG top cap assembly with a part the owners/operators would incur over and damage to the airplane. of improved design (Amendment JA the life of the affected airplanes. DATES: Effective October 21, 1996. 901040) as terminating action for the This figure is also based on the The incorporation by reference of repetitive inspections. certain publications listed in the assumption that none of the affected Accomplishment of the proposed regulations is approved by the Director airplane owners/operators have actions would be in accordance with of the Federal Register as of October 21, accomplished the required Jetstream Service Bulletin (SB) 32–JA 1996. modification. This action eliminates the 901040, Revision No. 3, dated August 9, ADDRESSES: repetitive inspections required by AD Service information that 1995, and AP Precision Hydraulics Ltd applies to this AD may be obtained from 87–07–01. The FAA has no way of SB 32–41, which incorporates the determining the operation levels of each Jetstream Aircraft Limited, Manager following pages: Product Support, Prestwick Airport, individual operator of the affected Ayrshire, KA9 2RW Scotland; telephone Pages Revision level Date airplanes, and subsequently cannot (44–292) 79888; facsimile (44–292) determine the repetitive inspection 79703; or Jetstream Aircraft Inc., 1, 2, 6, 7, 8 Revision No. Mar. 9, 1993. costs that will be eliminated by this Librarian, P.O. Box 16029, Dulles and 15. 2. action. The FAA estimates these costs to International Airport, Washington, DC 4 and 10 ...... Revision No. July 11, be substantial over the long term. 20041–6029; telephone (703) 406–1161; 1. 1991. 3, 5, 9, 11, Original Issue Nov. 17, In addition, JAL has informed the facsimile (703) 406–1469. This FAA that parts have been distributed to information may also be examined at 12, 13, and 1990. 14. owners/operators to equip the Federal Aviation Administration approximately 62 of the affected (FAA), Central Region, Office of the A report of cracked and loose bolts airplanes. Assuming that each set of Assistant Chief Counsel, Attention: found on an airplane with the above- parts has been installed on an affected Rules Docket 95–CE–94–AD, Room referenced NLG modification prompted airplane, the cost impact of the required 1558, 601 E. 12th Street, Kansas City, the proposal. modification upon the public will be Missouri 64106; or at the Office of the Interested persons have been afforded reduced $141,360 from $342,000 to Federal Register, 800 North Capitol an opportunity to participate in the $200,640. Street, NW., suite 700, Washington, DC. making of this amendment. One FOR FURTHER INFORMATION CONTACT: Ms. comment was received in support of the FAA’s Aging Commuter-Class Aircraft Dorenda Baker, Program Officer, proposed rule and no comments were Policy Brussels Aircraft Certification Division, received regarding the FAA’s This action is consistent with the FAA, Europe, Africa, and Middle East determination of the cost to the public. Office, c/o American Embassy, B–1000 FAA’s aging commuter-class airplane Brussels, Belgium; telephone (322) 508– FAA’s Determination policy. This policy simply states that reliance on repetitive inspections of 2715; facsimile (322) 230–6899; or Mr. After careful review of all available critical areas on commuter-class Jeffrey Morfitt, Project Officer, Small information related to the subject airplanes carries an unnecessary safety Airplane Directorate, Aircraft presented above, the FAA has risk when a design change exists that Certification Service, FAA, 1201 determined that air safety and the could eliminate or, in certain instances, Walnut, suite 900, Kansas City, Missouri public interest require the adoption of reduce the number of those critical 64106; telephone (816) 426–6932; the rule as proposed except for minor inspections. facsimile (816) 426–2169. editorial corrections. The FAA has SUPPLEMENTARY INFORMATION: determined that these minor corrections The intent of the FAA’s aging will not change the meaning of the AD commuter airplane program is to ensure Events Leading to the AD and will not add any additional burden safe operation of commuter-class A proposal to amend part 39 of the upon the public than was already airplanes that are in commercial service Federal Aviation Regulations (14 CFR proposed. without adversely impacting private part 39) to include an AD that would operators. Of the approximately 150 apply to JAL HP137 Mk1, Jetstream Cost Impact airplanes in the U.S. registry that are series 200, and Jetstream Models 3101 The FAA estimates that 150 airplanes affected by this AD, the FAA has and 3201 airplanes that do not have a in the U.S. registry will be affected by determined that approximately 95 modified NLG top cap assembly this AD, that it will take approximately percent are operated in scheduled incorporated (Amendment JA 901040) 18 workhours (inspection: 6 workhours; passenger service by 10 different was published in the Federal Register replacement: 12 workhours) to operators. Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Rules and Regulations 43309

Regulatory Impact Model Serial numbers INSTRUCTIONS section of AP Precision Hydraulics Ltd SB 32–41. The regulations adopted herein will HP137 Mk1 ...... All serial numbers; (i) Prior to further flight, retorque any bolts not have substantial direct effects on the Jetstream series 200 All serial numbers; with incorrect torque values. States, on the relationship between the Jetstream Model 3101 All serial numbers; (ii) If any bolts are broken or gaps are national government and the States, or and found as specified in paragraph A.(4) of part on the distribution of power and Jetstream Model 3201 Serial numbers 790 1b of the ACCOMPLISHMENT responsibilities among the various through 854. INSTRUCTIONS section of AP Precision Hydraulics Ltd SB 32–41, prior to further levels of government. Therefore, in flight, replace the NLG in accordance with accordance with Executive Order 12612, Note 1: This AD applies to each airplane identified in the preceding applicability the applicable maintenance manual. it is determined that this final rule does provision, regardless of whether it has been (b) Within 1,200 landings after the actions not have sufficient federalism modified, altered, or repaired in the area required by paragraph (a) of this AD (all implications to warrant the preparation subject to the requirements of this AD. For paragraph designations), and thereafter at of a Federalism Assessment. airplanes that have been modified, altered, or intervals not to exceed 1,200 landings, until the modification required by paragraph (c) of For the reasons discussed above, I repaired so that the performance of the requirements of this AD is affected, the this AD is incorporated, check the tightness certify that this action (1) is not a of the four NLG top cap assembly securing ‘‘significant regulatory action’’ under owner/operator must request approval for an alternative method of compliance in bolts and ensure that these bolts are not Executive Order 12866; (2) is not a accordance with paragraph (f) of this AD. The broken in accordance with part 1b of the ‘‘significant rule’’ under DOT request should include an assessment of the ACCOMPLISHMENT INSTRUCTIONS Regulatory Policies and Procedures (44 effect of the modification, alteration, or repair section of AP Precision Hydraulics Ltd SB FR 11034, February 26, 1979); and (3) on the unsafe condition addressed by this 32–41. will not have a significant economic AD; and, if the unsafe condition has not been (1) Prior to further flight, retorque any bolts with incorrect torque values. impact, positive or negative, on a eliminated, the request should include specific proposed actions to address it. (2) If any bolts are broken or gaps are found substantial number of small entities as specified in paragraph A.(4) of part 1b of under the criteria of the Regulatory Compliance: Required as indicated in the the ACCOMPLISHMENT INSTRUCTIONS Flexibility Act. A copy of the final body of this AD, unless already section of AP Precision Hydraulics Ltd SB evaluation prepared for this action is accomplished. 32–41, prior to further flight, replace the NLG To prevent failure of the NLG caused by contained in the Rules Docket. A copy in accordance with the applicable cracked or loose securing bolts, which, if not maintenance manual. of it may be obtained by contacting the detected and corrected, could lead to NLG Rules Docket at the location provided (c) Upon accumulating 20,000 landings on collapse and damage to the airplane, the NLG or within the next 2,500 landings ADDRESSES under the caption . accomplish the following: accumulated on the NLG after the effective List of Subjects in 14 CFR Part 39 Note 2: The paragraph structure of this AD date of this AD, whichever occurs later, is as follows: install a new NLG top cap assembly or Air transportation, Aircraft, Aviation Level 1: (a), (b), (c), etc. modify the existing NLG top cap assembly in safety, Incorporation by reference, Level 2: (1), (2), (3), etc. accordance with Part 2 of the Safety. Level 3: (i), (ii), (iii), etc. ACCOMPLISHMENT INSTRUCTIONS Level 2 and Level 3 structures are section of AP Precision Hydraulics Ltd SB Adoption of the Amendment designations of the Level 1 paragraph they 32–41, which incorporates the following pages: Accordingly, pursuant to the immediately follow. (a) Within the next 300 landings authority delegated to me by the accumulated on the NLG after the effective Pages Revision level Date Administrator, the Federal Aviation date of this AD, accomplish the following in Administration amends part 39 of the accordance with the applicable portion of the 1, 2, 6, 7, 8 Revision No. Mar. 9, 1993. Federal Aviation Regulations (14 CFR ACCOMPLISHMENT INSTRUCTIONS and 15. 2. part 39) as follows: section of Jetstream SB 32–JA 901040, 4 and 10 ...... Revision No. July 11, Revision No. 3, dated August 9, 1995, and AP 1. 1991. PART 39ÐAIRWORTHINESS Precision Hydraulics Ltd SB 32–41, which 3, 5, 9, 11, Original Issue Nov. 17, DIRECTIVES incorporates the following pages: 12, 13, and 1990. 14. 1. The authority citation for part 39 Pages Revision level Date continues to read as follows: (d) Incorporating the modification required 1, 2, 6, 7, 8 Revision No. Mar. 9, 1993. by paragraph (c) of this AD is considered Authority: 49 U.S.C. 106(g), 40113, 44701. and 15. 2. terminating action for the repetitive torque 4 and 10 ...... Revision No. July 11, checks required by this AD and may be § 39.13 [Amended] 1. 1991. incorporated at any time prior to 20,000 2. Section 39.13 is amended by 3, 5, 9, 11, Original Issue Nov. 17, landings on a NLG or within the next 2,500 removing Airworthiness Directive (AD) 12, 13, and 1990. landings accumulated on the NLG after the 87–07–01, Amendment 39–5582, and 14. effective date of this AD, whichever occurs adding a new AD to read as follows: later (at which time it must be incorporated). (1) Replace two of the NLG top cap (e) Special flight permits may be issued in 96–17–12 Jetstream Aircraft Limited: assembly securing bolts, and check the other accordance with sections 21.197 and 21.199 Amendment 39–9722; Docket No. 95– two for correct length in accordance with of the Federal Aviation Regulations (14 CFR CE–94–AD. Supersedes AD 87–07–01, part 1A of the ACCOMPLISHMENT 21.197 and 21.199) to operate the airplane to Amendment 39–5582. INSTRUCTIONS section of AP Precision a location where the requirements of this AD Applicability: The following airplane Hydraulics Ltd SB 32–41. Prior to further can be accomplished. models and serial numbers, certificated in flight, replace any NLG top securing bolt that (f) An alternative method of compliance or any category, that do not have a modified is not the length specified in AP Precision adjustment of the initial or repetitive nose landing gear (NLG) top cap assembly Hydraulics Ltd SB 32–41. compliance times that provides an equivalent incorporated (Amendment JA 901040) in (2) Check the tightness of the four NLG top level of safety may be approved by the accordance with Jetstream Service Bulletin cap assembly securing bolts and ensure that Manager, Brussels Aircraft Certification (SB) 32–JA 901040, Revision No. 3, dated these bolts are not broken in accordance with Division, Europe, Africa, Middle East office, August 9, 1995: part 1b of the ACCOMPLISHMENT FAA, c/o American Embassy, 1000 Brussels, 43310 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Rules and Regulations

Belgium. The request should be forwarded Federal airways supporting the Dallas/ description for V–63 inadvertently through an appropriate FAA Maintenance Fort Worth, TX, Metroplex Plan. On referenced the ‘‘Howard MOA’’ when it Inspector, who may add comments and then August 12, 1996, a correction to the should have referenced the ‘‘Howard send it to the Manager, Brussels Aircraft final rule was published to correct the West MOA.’’ This action corrects that Certification Division. Alternative methods of compliance approved in accordance with AD airspace designation for Federal Airway error. 87–07–01 (superseded by this action) are not V–477. However, the description for V– EFFECTIVE DATE: August 22, 1996. considered approved as alternative methods 477 inadvertently omitted ‘‘Leona’’ from FOR FURTHER INFORMATION CONTACT: of compliance with this AD. the existing route. This action corrects Bil Nelson, Airspace and Rules Note 3: Information concerning the that error. Division, ATA–400, Office of Air Traffic existence of approved alternative methods of EFFECTIVE DATE: August 22, 1996. Airspace Management, Federal Aviation compliance with this AD, if any, may be FOR FURTHER INFORMATION CONTACT: Bil Administration, 800 Independence obtained from the Brussels Aircraft Avenue, SW., Washington, DC 20591; Certification Division. Nelson, Airspace and Rules Division, ATA–400, Office of Air Traffic Airspace telephone: (202) 267–8783. (g) The replacements, check, retorque, and SUPPLEMENTARY INFORMATION: On August installation required by this AD shall be done Management, Federal Aviation in accordance with Jetstream Service Bulletin Administration, 800 Independence 12, 1996, the FAA published a final rule 32–JA 901040, Revision No. 3, dated August Avenue, SW., Washington, DC 20591; correcting the description of V–63 and 9, 1995, and AP Precision Hydraulics Ltd telephone: (202) 267–8783. V–94 (61 FR 41736). However, the Service Bulletin 32–41, which incorporates SUPPLEMENTARY INFORMATION: On August description for V–63 inadvertently the following pages: 12, 1996, the FAA published a final rule referenced the ‘‘Howard MOA’’ when it correcting the description of V–477 (61 should have referenced the ‘‘Howard Pages Revision level Date FR 41736). However, the description for West MOA.’’ This action corrects that error. 1, 2, 6, 7, 8 Revision No. Mar. 9, 1993. V–477 inadvertently omitted ‘‘Leona’’ and 15. 2. from the existing route. This action Correction of Final Rule 4 and 10 ...... Revision No. July 11, corrects that error. Accordingly, pursuant to the 1. 1991. 3, 5, 9, 11, Original Issue Nov. 17, Correction of Final Rule authority delegated to me, the airspace designation for V–63, published in the 12, 13, and 1990. Accordingly, pursuant to the Federal Register on August 12, 1996 (61 14. authority delegated to me, the airspace FR 41736); Federal Register Document designation for V–477, published in the 96–20511, Column 2, is corrected as This incorporation by reference was Federal Register on August 12, 1996 (61 approved by the Director of the Federal follows: FR 41737); Federal Register Document Register in accordance with 5 U.S.C. 552(a) * * * * * and 1 CFR part 51. Copies may be obtained 96–20510, Column 1, is corrected as from Jetstream Aircraft Limited, Manager follows: V±63 [Corrected] Product Support, Prestwick Airport, * * * * * From Bonham, TX, via McAlester, OK; Ayrshire, KA9 2RW Scotland; or Jetstream V–477 [Corrected] Razorback, AR; Springfield, MO; Hallsville, Aircraft Inc., Librarian, P.O. Box 16029, MO; Quincy, IL; Burlington, IA; Moline, IL; ° Dulles International Airport, Washington, From Humble, TX, via INT Humble 349 Davenport, IA; Rockford, IL; Janesville, WI; ° DC. Copies may be inspected at the FAA, and Leona, TX, 139 radials; Leona; to Cedar Badger, WI; Oshkosh, WI; Stevens Point, WI; Central Region, Office of the Assistant Chief Creek, TX. Wausau, WI; Rhinelander, WI, to Houghton, Counsel, Room 1558, 601 E. 12th Street, * * * * * MI. Excluding that airspace at and above Kansas City, Missouri, or at the Office of the Issued in Washington, DC, on August 15, 10,000 feet MSL from 5 NM north to 46 NM Federal Register, 800 North Capitol Street, 1996. north of Quincy during the time that the NW., suite 700, Washington, DC. Howard West MOA is activated by NOTAM. (h) This amendment (39–9722) supersedes Jeff Griffith, AD 87–07–01, Amendment 39–5582. Program Director for Air Traffic Airspace * * * * * (i) This amendment (39–9722) becomes Management. Issued in Washington, DC, on August 15, 1996. effective on October 21, 1996. [FR Doc. 96–21478 Filed 8–21–96; 8:45 am] Jeff Griffith, Issued in Kansas City, Missouri, on August BILLING CODE 4910±13±P 15, 1996. Program Director for Air Traffic Airspace Management. Carolanne L. Cabrini, [FR Doc. 96–21476 Filed 8–21–96; 8:45 am] Acting Manager, Small Airplane Directorate, 14 CFR Part 71 BILLING CODE 4910±13±U Aircraft Certification Service. [Airspace Docket No. 93±ASW±4] [FR Doc. 96–21375 Filed 8–21–96; 8:45 am] RIN 2120±AA66 BILLING CODE 4910±13±P DEPARTMENT OF STATE Alteration of VOR Federal Airways; 22 CFR Parts 50 and 51 14 CFR Part 71 Texas [Public Notice 2419] [Airspace Docket No. 93±ASW±5] AGENCY: Federal Aviation Administration (FAA), DOT. RIN 2120±AA66 Bureau of Consular Affairs; Passport ACTION: Final rule; correction. and Nationality ProceduresÐPersons Alteration of VOR Federal Airways; SUMMARY: On July 3, 1996, the FAA Authorized to Issue Passports and Texas published a final rule realigning twelve Adjudicate Nationality Abroad AGENCY: Federal Aviation Federal airways supporting the Dallas/ AGENCY: Bureau of Consular Affairs, Administration (FAA), DOT. Fort Worth, TX, Metroplex Plan. On State. ACTION: Final rule; correction. August 12, 1996, a correction to the ACTION: Final rule. final rule was published to correct the SUMMARY: On July 3, 1996, the FAA airspace designations for Federal SUMMARY: This rule amends existing published a final rule realigning eleven Airways V–63 and V–94. However, the nationality and passport regulations to Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Rules and Regulations 43311 allow designated U.S. citizen employees loss) made by persons abroad who apply implications warranting the preparation of the Department of State to grant, issue for passports, registration as a U.S. of a Federalism Assessment in and verify U.S. passports and to citizen, cards of identity or other travel accordance with E.O. 12612. These final adjudicate U.S. nationality claims in documents. Designated persons will rules have been reviewed as required by foreign countries. The extension of this also provide advice to consular officers E.O. 12988. These rules are exempt from responsibility to designated United with respect to issuance of Consular review under E.O. 12866 but have been States citizen Department of State Reports of Birth Abroad of a Citizen of reviewed and found to be consistent employees will enable foreign service the United States of America (Consular with the objectives thereof. posts to provide more efficient passport, Report of Birth Abroad). List of Subjects citizenship and nationality service to Persons designated by the Deputy the public. Consular officers will be able Assistant Secretary for Overseas 22 CFR Part 50 Citizens Services must meet criteria to concentrate on managing consular Citizenship and naturalization. resources, but will still provide passport relating to necessary training and and citizenship services to U.S. citizens experience before authorization to 22 CFR Part 51 as necessary. This rule also updates perform adjudication responsibilities. Administrative practice and terminology relating to Consular Reports Consular officers will supervise all procedure, Passports and visas. of Birth Abroad of a Citizen of the aspects of nationality adjudication Accordingly, 22 CFR parts 50 and 51 are United States of America and clarifies performed by persons designated under amended as follows: the authority of consular Agents and the new regulations. The Consular others to administer the oath for Report of Birth Abroad will continue to PART 50ÐNATIONALITY passport purposes. be solely issued by the consular officer, PROCEDURES EFFECTIVE DATE: August 22, 1996. however, because at present such documents are proof of citizenship 1. The authority citation for part 50 is FOR FURTHER INFORMATION CONTACT: under 22 U.S.C. section 2705 only when revised to read as follows: Carmen A. DiPlacido, or Michael so issued. The new authority permitting Meszaros, Overseas Citizens Services, Authority: Sec. 4, 63 Stat. 111, as other U.S. citizen employees to perform Office of Policy, Review and Interagency amended, secs. 104s, 360, 66 Stat. 174, 273; these functions will relieve consular 22 U.S.C. 211a, 22 U.S.C. 2658, 2705, 8 Liaison, Department of State, 202–647– officers of some of their ministerial U.S.C. 1104, 1503. 3666. functions, so that they may focus more 2. Section 50.1 is amended by adding SUPPLEMENTARY INFORMATION: The effort on other demands of managing paragraph (g) to read as follows: Secretary of State is authorized by 22 workloads at our overseas posts. U.S.C. 211a to issue passports, and to Portions of 22 CFR part 50 and 22 CFR § 50.1 Definitions. cause passports to be issued in foreign part 51 are being amended to reflect this * * * * * countries pursuant to rules prescribed new authority. (g) Designated nationality examiner by the President. The President’s The regulations also update the text of means a United States citizen employee rulemaking authority was delegated to regulations relating to the issuance of of the Department of State assigned or the Secretary of State in Executive Order Consular Report of Birth Abroad of a employed abroad (permanently or No. 11295 (August 5, 1966) and is Citizen of the United States of America. temporarily) and designated by the routinely exercised by the Assistant The Consular Report of Birth Abroad Deputy Assistant Secretary of State for Secretary of State for Consular Affairs. was formerly known as a registration of Overseas Citizen Services, to grant, Section 127(a) of the Foreign Relations birth abroad. This outdated terminology issue and verify U.S. passports. A Authorization Act, Fiscal Years 1994– is replaced where it occurs. In addition, designated nationality examiner may 1995, Pub. L. 103–236 (Apr. 30, 1994), for security and anti-fraud reasons, the adjudicate claims of acquisition and loss and Section 1(b) of Pub. L. 103–415 regulation is being amended to limit the of United States nationality and (Oct. 25, 1994), amended 22 U.S.C. 211a persons eligible to apply for a Consular citizenship as required for the purpose to allow the Secretary of State to Report of Birth Abroad to the citizen’s of providing passport and related designate certain United States citizen parent(s) and the citizen’s legal services. The authority of designated employees of the Department of State guardian. See 22 CFR 50.5. nationality examiners shall include the stationed abroad to grant, issue and The regulations (51.21) are also being authority to examine, adjudicate, verify passports in foreign countries. amended to reflect that consular agents approve and deny passport applications (Until now, these passport and and overseas notarial officers may and applications for related services. adjudicatory functions have been administer the oaths for passport The authority of designated nationality performed abroad only by diplomatic purposes required by 22 U.S.C. 213, and examiners shall expire upon and consular officers.) The authority to for the Consular Report of Birth Abroad. termination of the employee’s designate was delegated to the Assistant Pursuant to 5 U.S.C. Section assignment for such duty and may also Secretary of State for Consular Affairs in 553(b)(A), these rules are being be terminated at any time by the Deputy Delegation of Authority No. 214 (Sept. promulgated without notice or comment Assistant Secretary for Overseas Citizen 20, 1994), and through these regulations because they are rules of agency Services. will be further delegated to the Deputy organization and procedure. These 3. Section 50.2 is amended by revising Assistant Secretary for Overseas regulations are not expected to have a ‘‘registration of birth’’ to read ‘‘a Citizens Services. significant economic impact on a Consular Report of Birth Abroad of a The authority to grant, issue and substantial number of small entities Citizen of the United States of America’’ verify passports implicitly includes the under the criteria of the Regulatory and by adding the following four authority to determine a passport Flexibility Act, 5 U.S.C. 605(b). In sentences after the existing sentence: applicant’s U.S. nationality and U.S. addition, they will not impose citizenship. Persons designated under information collection requirements § 50.2 Determination of U.S. nationality of the new regulations will therefore under the provisions of the Paperwork persons abroad. generally determine claims to U.S. Reduction Act, 44 U.S.C. Chapter 35. ** * Such determinations of nationality/citizenship (acquisition and Nor do these final rules have federalism nationality may be made abroad by a 43312 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Rules and Regulations consular officer or a designated § 50.7 Consular Report of Birth Abroad of § 51.1 Definitions. nationality examiner. A designated a Citizen of the United States of America. * * * * * nationality examiner may accept and (a) Upon application and the (h) Designated nationality examiner approve/disapprove applications for submission of satisfactory proof of birth, means a person designated under registration and accept and approve/ identity and nationality, and at the time § 50.1(g) of this subchapter. disapprove applications for passports of the reporting of the birth, the 11. Section 51.21 is amended by and issue passports. Under the consular officer may issue to the parent revising paragraph (b)(6) as follows: supervision of a consular officer, or legal guardian, when approved and designated nationality examiners shall upon payment of a prescribed fee, a § 51.21 Execution of passport application. accept, adjudicate, disapprove and Consular Report of Birth Abroad of a * * * * * provisionally approve applications for Citizen of the United States of America. (b) * * * the Consular Report of Birth Abroad. A (b) Amended and replacement (6) A diplomatic officer, a consular Consular Report of Birth Abroad may Consular Reports of Birth Abroad of a officer, an overseas nationality only be issued by a consular officer, Citizen of the United States of America examiner, a consular agent or a notarial who will review a designated may be issued by the Department of officer abroad; or nationality examiner’s provisional State’s Passport Office upon written * * * * * approval of an application for such request and payment of the required fee. Dated: July 25, 1996. report and issue the report if satisfied (c) When it reports a birth under Mary A. Ryan, that the claim to nationality has been § 50.6, the Department shall furnish the Assistant Secretary for Consular Affairs. established. Consular Report of Birth Abroad of a [FR Doc. 96–21468 Filed 8–21–96; 8:45 am] 4. Section 50.3 is amended by revising Citizen of the United States of America BILLING CODE 4710±06±M paragraph (b) to read as follows: to the parent or legal guardian upon application and payment of required § 50.3 Application for registration. fees. DEPARTMENT OF COMMERCE * * * * * 7. Section 50.8 is revised to read as (b) The applicant shall execute the follows: National Oceanic and Atmospheric registration form prescribed by the Administration Department and shall submit the § 50.8 Certification of Report of Birth Abroad of a United States Citizen. supporting evidence required by subpart 50 CFR Part 679 C of part 51 of this chapter. A At any time subsequent to the diplomatic or consular officer or a issuance of a Consular Report of Birth [Docket No. 960612171±6227±02; I.D. designated nationality examiner shall Abroad of a Citizen of the United States 060496A] determine the period of time for which of America, when requested and upon the registration will be valid. payment of the required fee, the RIN 0648±AI57 5. Section 50.5 is amended by revising Department of State’s Passport Office Fisheries of the Exclusive Economic the introductory text to read as follows: may issue to the citizen, the citizen’s Zone off Alaska; Allowing Quota parent or legal guardian a certificate § 50.5 Application for Consular Report of Shares and Individual Fishing Quota entitled ‘‘Certification of Report of Birth To Be Used on Smaller Vessels Birth Abroad of a Citizen of the United Abroad of a United States Citizen.’’ States of America. 8. Section 50.9 is revised to read as AGENCY: National Marine Fisheries Upon application by the parent(s) or follows: Service (NMFS), National Oceanic and the child’s legal guardian, a consular Atmospheric Administration (NOAA), officer or designated nationality § 50.9 Card of identity. Commerce. examiner may accept and adjudicate the When authorized by the Department, ACTION: Final rule. application for a Consular Report of consular offices or designated Birth Abroad of a Citizen of the United nationality examiners may issue a card SUMMARY: NMFS issues a final rule to States of America for a child born in of identity for travel to the United States implement Amendment 42 to the their consular district. In specific to nationals of the United States being Fishery Management Plan (FMP) for instances, the Department may deported from a foreign country, to Groundfish of the Gulf of Alaska and authorize consular officers and other nationals/citizens of the United States Amendment 42 to the Fishery designated employees to adjudicate the involved in a common disaster abroad, Management Plan for the Groundfish application for a Consular Report of or to a returning national of the United Fishery of the Bering Sea and Aleutian Birth Abroad of a child born outside States to whom passport services have Islands Area, and a regulatory his/her consular district. Under the been denied or withdrawn under the amendment to the Individual Fishing supervision of a consular officer, provisions of this part or parts 51 or 53 Quota (IFQ) Program for fixed gear designated nationality examiners shall of this subchapter. Pacific halibut and sablefish fisheries in accept, adjudicate, disapprove and 9. The authority citation for part 51 and off Alaska. These FMP and provisionally approve applications for continues to read as follows: regulatory amendments will allow quota the Consular Report of Birth Abroad. shares (QS) and their associated IFQ The applicant shall be required to Authority: 22 U.S.C. 211a, as amended, 22 U.S.C. 2658, 3926, sec. 122(d)(3), Pub. L. 98– assigned to vessels in larger size submit proof of the child’s birth, 164, 97 Stat. 1017; 31 U.S.C. 9701, E.O. categories to be used on smaller vessels. identity and citizenship meeting the 11295, 36 FR 10603; 3 CFR, 1966–70 Comp., This action is necessary to increase the evidence requirements of subpart C of p. 570; Pub. L. 100–690, sec. 129, Pub. L. flexibility of QS use and transfer while part 51 of this subchapter and shall 102–138, 105 Stat. 661; sec. 503, Pub. L. 102– maintaining the management goals of include: 140, 105 Stat. 820; Title V, Pub. L. 103–317, the IFQ Program. It is intended to * * * * * 108 Stat. 1724, unless otherwise noted. relieve certain restrictions in the IFQ 6. Section 50.7 is revised to read as 10. Section 51.1 is amended by Program. follows: adding paragraph (h) to read as follows: EFFECTIVE DATE: August 16, 1996. Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Rules and Regulations 43313

ADDRESSES: Copies of the final rule and An exception to this rule allows based on the 1996 Total Allowable the Environmental Assessment/ Category B, C, or D IFQ to be fished on Catch (TAC). Regulatory Impact Review/Final a Category A vessel provided its LOA is For example, an individual who holds Regulatory Flexibility Analysis (EA/ consistent with the vessel category of two blocks of QS assigned to vessel RIR/FRFA) for this action may be the IFQ being fished and it neither Category B in regulatory area 2C (for obtained from Fisheries Management processes any species of fish nor halibut) or east of 140° W. long. (for Division, ATTN: Lori Gravel, Alaska concurrently fishes Category A IFQ with sablefish)—one block equivalent to Region, National Marine Fisheries the use of Category B, C, or D IFQ 13,000 lb (5.9 mt) and the other Service, P.O. Box 21668, Juneau, AK (§ 679.42(i)(2)(i)). The Council equivalent to 3000 lb (1.4 mt) (according 99802. prohibited QS transfer across vessel to the 1996 TAC)—would be able to FOR FURTHER INFORMATION CONTACT: categories to preserve the social and transfer the smaller QS block or use its James Hale, 907–586–7228. cultural character of the small boat resulting IFQ on catcher vessels of any fisheries prior to limited access. size, because the block is equivalent to SUPPLEMENTARY INFORMATION: During the first year of fishing under less than 5,000 lb (2.3 mt). The larger Background the IFQ Program in 1995, IFQ fishermen QS block, which would result in IFQ of and their representatives reported to the more than 5,000 lb (2.3 mt), would still The Bering Sea and Aleutian Islands be prohibited from use on any vessel and Gulf of Alaska groundfish FMPs Council that the prohibition against using or transferring QS across vessel other than one in vessel Category B. and their implementing regulations Unblocked QS of any amount assigned govern the sablefish fisheries in Federal categories limited their ability to improve the profitability of their to vessel Category B in areas 2C and east waters off Alaska. The FMPs were of 140° W. long. would continue to be developed by the North Pacific Fishery operations. Many fishermen reported that they had received QS that restricted to transfer or use on vessels in Management Council (Council) under Category B only. the authority of the Magnuson Fishery represented far fewer pounds than their recent catch history prior to the IFQ Further information on the Conservation and Management Act amendments may be found in the Program. Small boat fishermen reported (Magnuson Act). The Northern Pacific preamble to the proposed rule (61 FR the scarcity of medium- and large-size Halibut Act of 1982 (Halibut Act) 32767, June 25, 1996). Written QS blocks greater than or equal to 5,000 authorizes the Council to develop, and comments on the proposed rule and lb (2.3 mt) available to smaller vessels NMFS to implement, regulations to associated amendments were invited and requested that the Council enable allocate halibut fishing privileges among through August 5, 1996, and August 6, them to purchase shares from QS U.S. fishermen. 1996, respectively. Under these authorities, the Council holders in larger vessel size categories. developed the IFQ Program, a limited Also, Category B vessel operators Changes From the Proposed Rule to the access system to manage the fixed gear reported difficulties in using or Final Rule Pacific halibut and sablefish fisheries. marketing small Category B blocks and No substantive changes have been NMFS approved the IFQ Program in requested the opportunity either to made in the final rule from the proposed November 1993 and fully implemented downsize operations or to sell smaller rule. Between publication of the it beginning in March 1995. The QS blocks to owners of smaller vessels. proposed and final rules for this action, Magnuson Act and the Halibut Act These amendments address the above the regulations governing fisheries in authorize amendments to the IFQ concerns by allowing QS initially the Exclusive Economic Zone off Alaska Program as necessary to conserve and assigned to a larger vessel category to be have been consolidated into one new manage these fisheries. These used on smaller vessels, while CFR part (50 CFR part 679) as part of the amendments allow QS and IFQ assigned continuing to prohibit the use of QS or President’s Regulatory Reform Initiative to vessels in larger size categories to be its associated IFQ assigned to smaller (see 61 FR 31228, June 19, 1996). This used on smaller vessels. A description vessel categories on larger vessels. QS final rule renumbers and otherwise of these amendments follows. will continue to be assigned to vessel adjusts the changes contained herein to The IFQ Program assigns QS and IFQ categories by existing criteria at be consistent with the new disposition to vessel categories specified by length § 679.40(a)(5) (i) through (vi) and will of regulations in 50 CFR part 679. overall (LOA) and authorization to retain original vessel category process IFQ species or not as follows: assignments. However, halibut and Comments on the Proposed Rule Category A—which authorizes an IFQ sablefish QS and their associated IFQ Sixteen letters of comment were cardholder to catch and process IFQ assigned to vessel Category B can be received by NMFS regarding species on a vessel of any length; used on vessels of any size; halibut QS Amendments 42/42. Fourteen letters Category B—which authorizes an IFQ assigned to vessel Category C likewise provided comments in support of the cardholder to catch IFQ species on a can be used on vessels of categories C amendments. Of these, nine opposed vessel greater than 60 ft (18.3 m) LOA; and D. The regulations continue to the exception for halibut in regulatory Category C—which authorizes an IFQ prohibit the use of QS and IFQ on areas 2C and for sablefish east of 140° cardholder to catch sablefish on a vessel vessels larger than the maximum LOA W. long. Seven letters requested that less than or equal to 60 ft (18.3 m) LOA, of the category to which the QS was NMFS expedite the regulatory review and catch halibut on a vessel less than originally assigned. process, promoting the opportunity for or equal to 60 ft (18.3 m) but greater This rule does not apply to halibut in fishermen with larger QS to take than 35 ft (10.7 m) LOA; or Category D— IFQ regulatory areas 2C or to sablefish advantage of this action during the which authorizes an IFQ cardholder to east of 140° W. long. Halibut QS summer weather. One letter provided no catch halibut on a vessel less than or assigned to vessel Category B in IFQ comment. One letter indicated that equal to 35 ft (10.7 m) LOA. Current regulatory areas 2C and sablefish QS these amendments would increase costs regulations at § 679.42(a) require that east of 140° W. long. are prohibited from for consumers as a result of smaller, IFQ be fished only on vessels in the use on vessels less than or equal to 60 rather than larger, vessels delivering QS. category to which the pertinent QS have ft (18.3 m) LOA except in QS blocks These comments, which are been assigned. equivalent to less than 5,000 lb (2.3 mt) summarized and responded to below, 43314 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Rules and Regulations were considered in the formulation of Amendment 42 to the Fishery responses to them are summarized in this final rule. Management Plan for the Groundfish the preamble. A copy of the FRFA is Comment 1: The amendments should Fishery of the Bering Sea and Aleutian available from NMFS (see ADDRESSES). improve the profitability of operations Islands Area are necessary for the This rule has been determined to be for fishermen in the IFQ Program. conservation and management of the not significant for purposes of E.O. Response: NMFS concurs in this groundfish and halibut fisheries off 12866. comment. These amendments will Alaska and that they are consistent with provide small boat owners opportunity the Magnuson Act and other applicable List of Subjects in 50 CFR Part 679 to acquire QS initially assigned to laws. Fisheries, Recordkeeping and holders with larger vessels, and the The Assistant Administrator for Reporting. amendments will make smaller Category Fisheries, NOAA finds that this final Dated: August 16, 1996. rule relieves a restriction, because B blocks more marketable. Gary Matlock, Comment 2: The exception for the fishermen with vessels in smaller size regulatory areas 2C for halibut and east categories will be able to harvest, in Program Management Officer, National Marine Fisheries Service. of 140° W. long. is unnecessary. 1996, QS and its associated IFQ Response: The exception is necessary. assigned to larger vessels prior to the For the reasons set forth in the The imbalance in distribution of QS advent of poorer weather, thereby preamble, 50 CFR part 679 is amended across vessel categories in these harvesting more of the available quota as follows: regulatory areas, with a predominant during safer fishing conditions. A amount of shares assigned for use on delayed effectiveness under 5 U.S.C. PART 679ÐFISHERIES OF THE smaller vessels, requires the exception section 553(d)(1), therefore, is not EXCLUSIVE ECONOMIC ZONE OFF to prevent excessive consolidation of QS required. ALASKA among owners of smaller vessels. This The Council prepared an Initial 1. The authority citation for 50 CFR action nevertheless provides some Regulatory Flexibility Analysis (IRFA) part 679 continues to read as follows: additional flexibility by allowing QS as part of the Regulatory Impact Review blocks equivalent to less than 5,000 lb (RIR); NMFS prepared an FRFA. These Authority: 16 U.S.C. 773 et seq. and 1801 et seq. (2.3 mt) to be used on smaller vessels. documents provide a statement of the Comment 3: These amendments will need for and objectives of this rule as 2. In § 679.40, paragraph (a)(5)(ii) is increase costs for consumers, because stated in the preamble. A maximum of revised to read as follows: more small vessels will deliver IFQ 8,614 small entities, including 6,640 § 679.40 Sablefish and halibut QS. catch. The concept of scale economies, halibut quota share holders and 1,974 in which a processing plant can spread sablefish quota share holders, may be * * * * * its fixed costs over more quantity affected by this rule. This rule does not (a) * * * permitting it to sell at better prices, is include any reporting or recordkeeping (5) * * * lost. These amendments, therefore, will requirements. It is designed to relieve (ii) Vessel categories. QS and its not be in the best interest of the local certain restrictions in the IFQ program associated IFQ assigned to vessel economy, the region, or the nation. and open new opportunities for owners categories include: Response: Although the commenter of smaller vessels to improve the (A) Category A QS and associated may be theoretically correct with profitability of their operations by IFQ, which authorizes an IFQ respect to any one processor, NMFS increasing the quota share holdings cardholder to harvest and process IFQ does not have information to compare available for trade by 309 percent and species on a vessel of any length; price information with fixed costs in the the IFQ pounds available for trade by (B) Category B QS and associated IFQ, aggregate for all processors. On balance, 2,547 percent. The rule is expected to which authorizes an IFQ cardholder to these amendments will benefit the have a positive economic impact on harvest IFQ species on a vessel of any Nation. National Standard 1 of the small entities consistent with the length; Magnuson Act requires measures, in objectives of the ITQ program. (C) Category C QS and associated IFQ, part, to achieve the optimum yield (OY) Alternative 1 (the status quo) was which authorizes an IFQ cardholder to from each fishery for the U.S. fishing rejected in favor of Alternative 3 (the harvest IFQ species on a vessel less than industry. The determination of OY is a preferred alternative) because or equal to 60 ft (18.3 m) LOA: decisional mechanism for balancing the Alternative 3 increases the flexibility of (D) Category D QS and associated IFQ, various interests that comprise the the IFQ program and provides which authorizes an IFQ cardholder to national welfare. Among these interests additional economic opportunities to harvest IFQ halibut on a vessel less than are social factors, including those small entities. Alternative 2 (the or equal to 35 ft (10.7 m) LOA; relevant to small boat fisheries on which alternative that would not include the * * * * * local Alaskan communities often exception for IFQ halibut in regulatory 3. In § 679.42, paragraph (a) is revised depend. NMFS finds that these area 2C and for IFQ sablefish east of to read as follows: amendments promote these social 140° W. long.) was rejected in favor of § 679.42 Limitations on use of QS and IFQ. factors, resulting in a positive benefit to Alternative 3 because the preferred the Nation. alternative would avoid excessive (a) IFQ regulatory area and vessel Comment 4: The majority of letters concentration of quota share among category. The QS or IFQ specified for implored NMFS to expedite the owners of smaller vessels, consistent one IFQ regulatory area must not be implementation of the amendments. with the objectives of the ITQ program; used in a different IFQ regulatory area. Response: NMFS notes the comment. nonetheless, Alternative 3 does provide Except as provided in paragraph (k) of some additional flexibility by allowing this section or in § 679.41(i)(1) of this Classification quota share blocks of certain amounts to part, the IFQ assigned to one vessel The Director, Alaska Region, NMFS, be used on smaller vessels. Comments category must not be used to harvest determined that Amendment 42 to the were received on the proposed rule, but IFQ species on a vessel of a different Fishery Management Plan for none discussed the IRFA or RIR vessel category. Notwithstanding Groundfish of the Gulf of Alaska and specifically; those comments and § 679.40(a)(5)(ii) of this part, IFQ Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Rules and Regulations 43315 assigned to vessel Category B must not be used on any vessel less than or equal to 60 ft (18.3 m) LOA to harvest IFQ halibut in IFQ regulatory area 2C or IFQ sablefish in the IFQ regulatory area east of 140° W. long. unless such IFQ derives from blocked QS units that result in IFQ of less than 5,000 lb (2.3 mt), based on the 1996 TAC for fixed gear specified for the IFQ halibut fishery and the IFQ sablefish fishery in each of these two regulatory areas. * * * * * [FR Doc. 96–21376 Filed 8–16–96; 4:22 pm] BILLING CODE 3510±22±P 43316

Proposed Rules Federal Register Vol. 61, No. 164

Thursday, August 22, 1996

This section of the FEDERAL REGISTER ahead at (202) 690–2817 to facilitate Executive Order 12372 contains notices to the public of the proposed entry into the comment reading room. issuance of rules and regulations. The This program/activity is listed in the purpose of these notices is to give interested FOR FURTHER INFORMATION CONTACT: Catalog of Federal Domestic Assistance persons an opportunity to participate in the Dr. David Espeseth, Deputy Director, under No. 10.025 and is subject to rule making prior to the adoption of the final Veterinary Biologics, BBEP, APHIS, Executive Order 12372, which requires rules. 4700 River Road Unit 148, Riverdale, intergovernmental consultation with MD 20737–1237, (515) 734–8245. State and local officials (see 7 CFR part 3015, subpart V). DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: Background Paperwork Reduction Act Animal and Plant Health Inspection This proposed rule contains no new Service The Animal and Plant Health information collection or recordkeeping Inspection Service (APHIS) conducted a requirements under the Paperwork 9 CFR Parts 102 and 104 review of the regulations under 9 CFR Reduction Act of 1995 (44 U.S.C. 3501 101–118 pertaining to veterinary [Docket No. 96±055±1] et seq.). biologics initiated under the President’s Viruses, Serums, Toxins, and Regulatory Reform Initiative to remove Executive Order 12988 Analogous Products; Biologics unnecessary material from the This proposed rule has been reviewed Establishment Licenses and Biological regulations. As part of this initiative, we under Executive Order 12988, Civil Product Licenses and Permits are proposing to amend the regulations Justice Reform. It is not intended to to remove the examples of U.S. have retroactive effect. This rule would AGENCY: Animal and Plant Health Veterinary Biologics Establishment not preempt any State or local laws, Inspection Service, USDA. Licenses and U.S. Veterinary Biological regulations, or policies, unless they ACTION: Proposed rule. Product Licenses and Permits under present an irreconcilable conflict with §§ 102.4, 102.5, and 104.7. The APHIS this rule. There are no administrative SUMMARY: We are proposing to amend forms for establishment and product procedures which must be exhausted the regulations regarding veterinary licenses and permits would still be used prior to a judicial challenge to the biological products to remove the and provided by the agency—only the provisions of this rule. examples of the Animal and Plant examples would be removed from the Health Inspection Service (APHIS) regulations. It is not necessary to Regulatory Reform forms for U.S. Veterinary Biologics include examples of the APHIS forms in This action is part of the President’s Establishment Licenses and U.S. the regulations. Regulatory Reform Initiative, which, Veterinary Biological Product Licenses among other things, directs agencies to and Permits. This action resulted from Executive Order 12866 and Regulatory Flexibility Act remove obsolete and unnecessary a review of APHIS regulations in regulations and to find less burdensome response to President’s Regulatory This proposed rule has been reviewed ways to achieve regulatory goals. Reform Initiative. The proposed under Executive Order 12866. The rule amendments have the effect of removing has been determined to be not List of Subjects unnecessary material from the significant for the purposes of Executive 9 CFR Part 102 regulations. The APHIS forms for Order 12866 and, therefore, has not Animal biologics, Reporting and product licenses and permits would still been reviewed by the Office of recordkeeping requirements. be used and provided by the agency— Management and Budget. only the examples would be removed The proposed rule would remove 9 CFR Part 104 from the regulations. unnecessary material from the Animal biologics, Imports, Reporting DATES: Consideration will be given only regulations. The APHIS forms for a U.S. and recordkeeping requirements, to comments received on or before Veterinary Biologics Establishment Transportation. October 7, 1996. License and U.S. Veterinary Biological Accordingly, 9 CFR parts 102 and 104 Product License and Permit would still ADDRESSES: Please send an original and would be amended to read as follows: three copies of your comments to be used. Only the examples of the forms Docket No. 96–055–1, Regulatory would be removed from the regulations. PART 102ÐLICENSES FOR Analysis and Development, PPD, The proposed amendment would not BIOLOGICAL PRODUCTS APHIS, Suite 3C03, 4700 River Road have any adverse economic effect on Unit 118, Riverdale, MD 20737–1238. producers as the APHIS forms are 1. The authority citation for part 102 Please state that your comments refer to produced by the agency and provided to would continue to read as follows: Docket No. 96–055–1. Comments all qualifying license and permit Authority: 21 U.S.C. 151–159; 7 CFR 2.22, received may be inspected at USDA, applicants. 2.80, and 371.2(d). room 1141, South Building, 14th Street Under these circumstances, the 2. Section 102.4, paragraph (c) would and Independence Avenue, SW., Administrator of the Animal and Plant be revised to read as follows: Washington, DC, between 8 a.m. and Health Inspection service has 4:30 p.m., Monday through Friday determined that this action would not § 102.4 U.S. Veterinary Biologics except holidays. Persons wishing to have a significant economic impact on Establishment License. inspect comments are requested to call a substantial number of small entities. * * * * * Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Proposed Rules 43317

(c) U.S. Veterinary Biologics DATES: Comments must be received on summarizes each FAA-public contact Establishment Licenses shall be or before October 28, 1996. concerned with the substance of this numbered. ADDRESSES: Submit comments in proposal will be filed in the Rules * * * * * triplicate to the Federal Aviation Docket. 3. Section 102.5, paragraph (c) would Administration (FAA), Central Region, Commenters wishing the FAA to be removed and paragraphs (d), (e), and Office of the Assistant Chief Counsel, acknowledge receipt of their comments (f) would be redesignated as paragraphs Attention: Rules Docket No. 95–CE–62– submitted in response to this notice (c), (d), and (e). AD, Room 1558, 601 E. 12th Street, must submit a self-addressed, stamped Kansas City, Missouri 64106. Comments postcard on which the following PART 104ÐPERMITS FOR may be inspected at this location statement is made: ‘‘Comments to BIOLOGICAL PRODUCTS between 8 a.m. and 4 p.m., Monday Docket No. 95–CE–62–AD.’’ The 4. The authority citation for part 104 through Friday, holidays excepted. postcard will be date stamped and would continue to read as follows: ADDRESSES: Send comments on the returned to the commenter. proposal in triplicate to the Federal Authority: 21 U.S.C. 151–159; 7 CFR 2.22, Availability of NPRMs 2.80, and 371.2(d). Aviation Administration (FAA), Central Region, Office of the Assistant Chief Any person may obtain a copy of this 5. Section 104.7, paragraph (a) would Counsel, Attention: Rules Docket No. NPRM by submitting a request to the be revised to read as follows: 95–CE–62–AD, Room 1558, 601 E. 12th FAA, Central Region, Office of the Assistant Chief Counsel, Attention: § 104.7 Product permit. Street, Kansas City, Missouri 64106. Comments may be inspected at this Rules Docket No. 95–CE–62–AD, Room (a) A permit shall be numbered and 1558, 601 E. 12th Street, Kansas City, dated. location between 8 a.m. and 4 p.m., Monday through Friday, holidays Missouri 64106. * * * * * excepted. Discussion Done in Washington, DC this 16th day of Service information that applies to the August 1996. proposed AD may be obtained from The Austro Control GmbH, which is A. Strating, HOAC Austria Ges.m.b.H., N.A. Otto- the airworthiness authority for Austria, Acting Administrator, Animal and Plant Strabe 5, A–2700, Wiener Neustadt. recently notified the FAA that an unsafe Health Inspection Service. This information also may be examined condition may exist on certain HOAC [FR Doc. 96–21456 Filed 8–21–96; 8:45 am] at the Rules Docket at the address above. Austria Model DV–20 Katana airplanes. BILLING CODE 3410±34±M The Austro Control GmbH reports FOR FURTHER INFORMATION CONTACT: Mr. cracking in the welding joint that Greg Holt, Program Manager, Brussels connects the exhaust system endpipe to Aircraft Certification Division, FAA, the muffler. These conditions, if not DEPARTMENT OF TRANSPORTATION Europe, Africa, and Middle East Office, detected and corrected, could result in c/o American Embassy, B–1000 Federal Aviation Administration separation of the exhaust system Brussels, Belgium; telephone (32 2) endpipe from the muffler because of 513.2716; facsimile (32 2) 230.6899; or 14 CFR Part 39 cracks in the welding joint that connects Mr. Robert Alpiser, Project Officer, these parts, which could result in heat [Docket No. 95±CE±62±AD] Small Airplane Directorate, Aircraft damage to the electrical system and Certification Service, FAA, 1201 RIN 2120±AA64 engine controls. Walnut, suite 900, Kansas City, Missouri Airworthiness Directives; HOAC 64105; telephone (816) 426–6932; Explanation of the Relevant Service Austria Model DV±20 Katana Airplanes facsimile (816) 426–2169. Information AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: HOAC Austria has issued Service Administration, DOT. Bulletin (SB) No. 20–7/1, dated May 30, Comments Invited ACTION: Notice of proposed rulemaking 1994, which specifies replacing the (NPRM). Interested persons are invited to muffler with one that has an endpipe participate in the making of the type ‘‘f’’, and installing a heat shield SUMMARY: This document proposes to proposed rule by submitting such around the exhaust system endpipe. adopt a new airworthiness directive written data, views, or arguments as This service bulletin references Drawing (AD) that would apply to certain HOAC they may desire. Communications No. DV2–7800R01–00, which illustrates Austria Model DV–20 Katana airplanes. should identify the Rules Docket the heat shield installation. The proposed action would require number and be submitted in triplicate to The Austro Control GmbH classified replacing the muffler with one of the address specified above. All HOAC Austria SB No. 20–7/1 as improved design, installing a heat communications received on or before mandatory and issued Austro Control shield around the exhaust system the closing date for comments, specified GmbH AD No. 77, dated June 24, 1994, endpipe, and adjusting the airplane above, will be considered before taking in order to assure the continued weight and balance. Reports of cracks in action on the proposed rule. The airworthiness of these airplanes in the welding joint that connects the proposals contained in this notice may Austria. Since that time, HOAC Austria exhaust system endpipe to the muffler be changed in light of the comments has issued SB No. 20–7/2, dated on three of the affected airplanes received. September 8, 1994, which supersedes prompted the proposed action. The Comments are specifically invited on SB No. 20–7/1. actions specified by the proposed AD the overall regulatory, economic, are intended to prevent separation of the environmental, and energy aspects of FAA’s Conclusion exhaust system endpipe from the the proposed rule. All comments This airplane model is manufactured muffler because of cracks in the welding submitted will be available, both before in Austria and is type certificated for that connects these parts, which could and after the closing date for comments, operation in the United States under the result in heat damage to the electrical in the Rules Docket for examination by provisions of section 21.29 of the system and engine controls. interested persons. A report that Federal Aviation Regulations (14 CFR 43318 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Proposed Rules

21.29) and the applicable bilateral the proposed muffler replacement and owner/operator must request approval for an airworthiness agreement. Pursuant to heat shield installation. alternative method of compliance in this bilateral airworthiness agreement, accordance with paragraph (d) of this AD. Regulatory Impact the Austro Control GmbH has kept the The request should include an assessment of FAA informed of the situation described The regulations proposed herein the effect of the modification, alteration, or above. The FAA has examined the would not have substantial direct effects repair on the unsafe condition addressed by findings of the Austro Control GmbH; on the States, on the relationship this AD; and, if the unsafe condition has not reviewed all available information, between the national government and been eliminated, the request should include including the service information the States, or on the distribution of specific proposed actions to address it. referenced above; and determined that power and responsibilities among the Compliance: Required within the next three AD action is necessary for products of various levels of government. Therefore, calendar months after the effective date of this type design that are certificated for in accordance with Executive Order this AD, unless already accomplished. operation in the United States. 12612, it is determined that this To prevent separation of the exhaust proposal would not have sufficient system endpipe from the muffler because of Explanation of the Provisions of the federalism implications to warrant the cracks in the welding that connects these Proposed Rule preparation of a Federalism Assessment. parts, which could result in heat damage to Since an unsafe condition has been For the reasons discussed above, I the electrical system and engine controls, accomplish the following: identified that is likely to exist or certify that this action (1) is not a (a) For any Model DV–20 Katana airplane develop in other HOAC Austria Model ‘‘significant regulatory action’’ under incorporating a serial number in the range of DV–20 Katana airplanes of the same Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT 20005 through 20078, replace the muffler type design registered in the United with one that incorporates a type ‘‘f’’ States, the proposed AD would require Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) if endpipe. The letter ‘‘F’’ is stamped on the replacing the muffler with one of endpipe of these type ‘‘f’’ parts. Accomplish improved design, installing a heat promulgated, will not have a significant economic impact, positive or negative, this action in accordance with HOAC Austria shield around the exhaust system Maintenance Manual, Doc No. 4.02.02. endpipe, and adjusting the airplane on a substantial number of small entities under the criteria of the Regulatory (b) For any Model DV–20 Katana airplane weight and balance. Accomplishment of incorporating a serial number in the range of the proposed muffler replacement Flexibility Act. A copy of the draft regulatory evaluation prepared for this 20005 through 20058, accomplish the would in accordance with the following: action has been placed in the Rules applicable maintenance manual; (1) Install a heat shield in accordance with Docket. A copy of it may be obtained by accomplishment of the proposed heat Drawing No. DV2–7800R01–00, as referenced shield installation would be in contacting the Rules Docket at the in HOAC Austria Service Bulletin (SB) No. accordance with Drawing No. DV2– location provided under the caption 20–7/2, dated September 8, 1994. 7800R01–00, as referenced in HOAC ADDRESSES. (2) Adjust the mass (weight) and center of Austria SB No. 20–7/2, dated September List of Subjects in 14 CFR Part 39 gravity (CG) in accordance with the 8, 1994; and accomplishment of the instructions in HOAC Austria SB No. 20–7/ Air transportation, Aircraft, Aviation weight and balance adjustment would 2, dated September 8, 1994. safety, Safety. be in accordance with HOAC Austria SB (c) Special flight permits may be issued in No. 20–7/2, dated September 8, 1994. The Proposed Amendment accordance with sections 21.197 and 21.199 Accordingly, pursuant to the of the Federal Aviation Regulations (14 CFR Compliance Time of the Proposed Rule 21.197 and 21.199) to operate the airplane to authority delegated to me by the a location where the requirements of this AD The FAA has determined that an Administrator, the Federal Aviation can be accomplished. interval of three calendar months is an Administration proposes to amend part appropriate compliance time to address (d) An alternative method of compliance or 39 of the Federal Aviation Regulations adjustment of the compliance time that the identified unsafe condition in a (14 CFR part 39) as follows: timely manner. This compliance time provides an equivalent level of safety may be was deemed appropriate after PART 39ÐAIRWORTHINESS approved by the Manager, Brussels Aircraft Certification Division, FAA, Europe, Africa, considering the safety implications, the DIRECTIVES and Middle East Office, c/o American average utilization rate of the affected 1. The authority citation for part 39 Embassy, B–1000 Brussels, Belgium. The fleet, and the availability of the continues to read as follows: request shall be forwarded through an replacement parts. appropriate FAA Maintenance Inspector, Authority: 49 U.S.C. 106(g), 40113, 44701. Cost Impact who may add comments and then send it to § 39.13 [Amended] the Manager, Brussels Aircraft Certification The FAA estimates that 5 airplanes in 2. Section 39.13 is amended by Division. the U.S. registry would be affected by adding a new airworthiness directive Note 2: Information concerning the the proposed AD, that it would take (AD) to read as follows: existence of approved alternative methods of approximately 1 workhour per airplane compliance with this AD, if any, may be HOAC Austria: Docket No. 95–CE–62–AD. to accomplish the proposed muffler obtained from the Brussels Aircraft replacement and heat shield Applicability: Model DV–20 Katana Certification Division. installation, and that the average labor airplanes, serial numbers 20005 through 20078, certificated in any category. (e) All persons affected by this directive rate is approximately $60 per hour. may obtain copies of the document referred Note 1: This AD applies to each airplane HOAC Austria will provide parts at no to herein upon request to HOAC Austria cost to the affected airplane owners/ identified in the preceding applicability provision, regardless of whether it has been Ges.m.b.H., N.A. Otto-Strabe 5, A–2700, operators. Based on these figures, the modified, altered, or repaired in the area Wiener Neustadt; or may examine this total cost impact of the proposed AD on subject to the requirements of this AD. For document at the FAA, Central Region, Office U.S. operators is estimated to be $300 or airplanes that have been modified, altered, or of the Assistant Chief Counsel, Room 1558, $60 per airplane. The FAA is unaware repaired so that the performance of the 601 E. 12th Street, Kansas City, Missouri of any affected airplane that already has requirements of this AD is affected, the 64106. Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Proposed Rules 43319

Issued in Kansas City, Missouri, on August 1000, Brussels, Belgium; telephone during flight. Further investigation has 15, 1996. (322) 508.27.15, facsimile (322) shown that the diode rating is not Carolanne L. Cabrini, 230.6899 or Mr. Jeffrey Morfitt, Project sufficient to maintain the generators Acting Manager, Small Airplane Directorate, Officer, Small Airplane Directorate, used to operate the navigation, Aircraft Certification Service. 1201 Walnut, suite 900, Kansas City, communication, and light systems. This [FR Doc. 96–21374 Filed 8–21–96; 8:45 am] Missouri, 64106; telephone (816) 426– condition, if not detected and corrected, BILLING CODE 4910±13±U 6934, facsimile (816) 426–2169. could result in loss of power to the SUPPLEMENTARY INFORMATION: navigation, communication, and light systems which could impair the pilot’s 14 CFR Part 39 Comments Invited ability to maintain control of the [Docket No. 96±CE±33±AD] Interested persons are invited to airplane. participate in the making of the Pilatus has issued Service Bulletin RIN 2120±AA64 proposed rule by submitting such (SB) BN–2/SB.228, Issue 2, dated written data, views, or arguments as January 17, 1996 which specifies Airworthiness Directives; Pilatus they may desire. Communications procedures for removing the diodes Britten-Norman BN2, BN2A, and BN2B should identify the Rules Docket (type 10B1 or 10D1) and installing Series Airplanes number and be submitted in triplicate to diodes (type 60S6) with a higher amp AGENCY: Federal Aviation the address specified above. All rating. Administration, DOT. communications received on or before The CAA classified this service ACTION: Notice of proposed rulemaking the closing date for comments, specified bulletin as mandatory and issued CAA (NPRM). above, will be considered before taking AD No. 004–01–96, in order to assure action on the proposed rule. The the continued airworthiness of these SUMMARY: This document proposes to proposals contained in this notice may airplanes in the United Kingdom. adopt a new airworthiness directive be changed in light of the comments These airplane models are (AD) that would apply to certain Pilatus received. manufactured in the United Kingdom Britten-Norman BN2, BN2A, and BN2B Comments are specifically invited on and are type certificated for operation in series airplanes that have been modified the overall regulatory, economic, the United States under the provisions with a 70 amp direct current (DC) environmental, and energy aspects of of section 21.29 of the Federal Aviation Generation System. The proposed action the proposed rule. All comments Regulations (14 CFR 21.29) and the would require removing the 70 amp submitted will be available, both before applicable bilateral airworthiness terminal diodes and installing new and after the closing date for comments, agreement between the United Kingdom terminal diodes with a higher amp in the Rules Docket for examination by and the United States. Pursuant to this rating. Reports from operators that one interested persons. A report that bilateral airworthiness agreement, the or both diodes were failing prompted summarizes each FAA-public contact CAA has kept the FAA informed of the the proposed action. The actions concerned with the substance of this situation described above. The FAA has specified by the proposed AD are proposal will be filed in the Rules examined the findings of the CAA, intended to prevent loss of electrical Docket. reviewed all available information power to the navigation, Commenters wishing the FAA to including the service information communications and light systems, acknowledge receipt of their comments referenced above, and determined that which could impair the pilots ability to submitted in response to this notice AD action is necessary for products of maintain control of the airplane. must submit a self-addressed, stamped this type design that are certificated for DATES: Comments must be received on postcard on which the following operation in the United States. statement is made: ‘‘Comments to or before October 21, 1996. Since an unsafe condition has been Docket No. 96–CE–33–AD.’’ The ADDRESSES: Submit comments in identified that is likely to exist or postcard will be date stamped and triplicate to the Federal Aviation develop in Pilatus BN2, BN2A, and returned to the commenter. Administration (FAA), Central Region, BN2B series airplanes of the same type Office of the Assistant Chief Counsel, Availability of NPRMs design registered in the United States, Attention: Rules Docket No. 96–CE–33– Any person may obtain a copy of this the proposed would require removing AD, Room 1558, 601 E. 12th Street, NPRM by submitting a request to the the diodes (type 10B1 or 10D1) installed Kansas City, Missouri 64106. Comments FAA, Central Region, Office of the on the terminals of the ‘‘STBD (RIGHT) may be inspected at this location Assistant Chief Counsel, Attention: GEN’’ and ‘‘PORT (LEFT) GEN’’ between 8 a.m. and 4 p.m., Monday Rules Docket No. 96–CE–33–AD, Room switches (SW2 and SW3), and installing through Friday, holidays excepted. 1558, 601 E. 12th Street, Kansas City, new approved diodes that are type Service information that applies to the Missouri 64106. 60S6. Accomplishment of the proposed proposed AD may be obtained from action would be in accordance with Pilatus Britten-Norman, Ltd., Discussion Pilatus SB BN–2/SB.228, Issue 2, dated Bembridge, Isle of Wight, United The Civil Airworthiness Authority January 17, 1996. Kingdom, PO35 5PR. This information (CAA), which is the airworthiness The FAA estimates that one airplane also may be examined at the Rules authority for the United Kingdom, currently on the U.S. registry would be Docket at the address above. Comments recently notified the FAA that an unsafe affected by the proposed AD, that it may be inspected at this location condition may exist on certain Pilatus would take approximately one between 8 a.m. and 4 p.m., Monday Britten-Norman (Pilatus) BN2, BN2A, workhour per airplane to accomplish through Friday, holidays excepted. and BN2B series airplanes that have the proposed action, and that the FOR FURTHER INFORMATION CONTACT: been modified with a 70 amp DC average labor rate is approximately $60 Dorenda Baker, Program Manager, Generation System. The CAA reports an hour. Parts cost approximately $40 Brussels Aircraft Certification Division, that several owners/operators of these per airplane. Based on these figures, the FAA, Europe, Africa and the Middle airplanes have experienced diode total cost impact of the proposed AD on East Office, c/o American Embassy, b- failure which leads to generator failure U.S. operators is estimated to be $100. 43320 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Proposed Rules

The regulations proposed herein alternative method of compliance in 14 CFR Part 71 would not have substantial direct effects accordance with paragraph (c) of this AD. [Airspace Docket No. 95±AWA±6] on the States, on the relationship The request should include an assessment of the effect of the modification, alteration, or between the national government and Proposed Establishment of Myrtle repair on the unsafe condition addressed by the States, or on the distribution of Beach International Airport Class C this AD; and, if the unsafe condition has not power and responsibilities AD among Airspace Area, SC; and Revocation of the various levels of government. been eliminated, the request should include specific proposed actions to address it. the Myrtle Beach AFB Class D Therefore, in accordance with Executive Airspace Area; South Carolina Order 12612, it is determined that this Compliance: Required within the next 50 proposal would not have sufficient hours time-in-service (TIS) after the effective AGENCY: Federal Aviation federalism implications to warrant the date of this AD, unless already accomplished. Administration (FAA), DOT. preparation of a Federalism Assessment. To prevent loss of electrical power to the ACTION: Notice of proposed rulemaking. For the reasons discussed above, I navigation, communications and light certify that this action (1) is not a systems, which could impair the pilot’s SUMMARY: This notice proposes to ‘‘significant regulatory action’’ under ability to maintain control of the airplane, establish a Class C airspace area and Executive Order 12866; (2) is not a accomplish the following: revoke the existing Class D airspace area ‘‘significant rule’’ under DOT (a) Remove the diodes (quantity 2, part at the Myrtle Beach International Regulatory Policies and Procedures (44 number 340502014, type 10B1 or 10D1) Airport, Myrtle Beach, SC. The Myrtle FR 11034, February 26, 1979); and (3) if installed on the terminals of the ‘‘STBD Beach International Airport is a public- promulgated, will not have a significant (RIGHT) GEN’’ and ‘‘PORT (LEFT) GEN’’ use facility with a Level II control tower economic impact, positive or negative, switches (SW2 and SW3), and install new served by a Radar Approach Control. on a substantial number of small entities approved diodes (quantity 2, part number The establishment of this Class C NB–81–5873, type 60S6) in accordance with under the criteria of the Regulatory airspace area would require pilots to the Accomplishment Instructions section in Flexibility Act. A copy of the draft maintain two-way radio Pilatus Britten-Norman Service Bulletin BN– regulatory evaluation prepared for this communications with air traffic control 2/SB.228, Issue 2, dated January 17, 1996. (ATC) while in Class C airspace. action has been placed in the Rules (b) Special flight permits may be issued in Docket. A copy of it may be obtained by Implementation of the Class C airspace accordance with sections 21.197 and 21.199 area would promote the efficient use of contacting the Rules Docket at the of the Federal Aviation Regulations (14 CFR location provided under the caption air traffic and reduce the risk of midair 21.197 and 21.199) to operate the airplane to collision in the terminal area. ADDRESSES. a location where the requirements of this AD DATES: Comments must be received on List of Subjects in 14 CFR Part 39 can be accomplished. (c) An alternative method of compliance or or before October 22, 1996. Air transportation, Aircraft, Aviation adjustment of the compliance time that ADDRESSES: Send comments on the safety, Safety. provides an equivalent level of safety may be proposal in triplicate to: Federal The Proposed Amendment approved by the Manager, Brussels Aircraft Aviation Administration, Office of the Certification Division, FAA, Europe, Africa Chief Counsel, Attention: Rules Docket, Accordingly, pursuant to the and the Middle East Office, c/o American AGC–200, Airspace Docket No. 95– authority delegated to me by the Embassy, B–1000, Brussels, Belgium or Mr. AWA–6, 800 Independence Avenue, Administrator, the Federal Aviation Jeffrey Morfitt, Project Officer, Small SW., Washington, DC 20591. The Administration proposes to amend part Airplane Directorate, 1201 Walnut, suite 900, official docket may be examined in the 39 of the Federal Aviation Regulations Kansas City, Missouri, 64106. The request Rules Docket, Office of the Chief (14 CFR part 39) as follows: shall be forwarded through an appropriate Counsel, Room 916, weekdays, except PART 39ÐAIRWORTHINESS FAA Maintenance Inspector, who may add Federal holidays, between 8:30 a.m. and comments and then send it to the Manager, DIRECTIVES 5:00 p.m. Brussels Aircraft Certification Division or the An informal docket may also be 1. The authority citation for part 39 Small Airplane Directorate. examined during normal business hours continues to read as follows: Note 2: Information concerning the at the office of the Regional Air Traffic Authority: 49 U.S.C. 106(g), 40101, 40113, existence of approved alternative methods of Division, P.O. Box 20636, Atlanta, GA 44701. compliance with this AD, if any, may be 30320. § 39.13 [Amended] obtained from the Brussels Aircraft FOR FURTHER INFORMATION CONTACT: Certification Division or the Small Airplane 2. Section 39.13 is amended by Patricia P. Crawford, Airspace and Rules Directorate. adding a new airworthiness directive Division, ATA–400, Office of Air Traffic (AD) to read as follows: (d) All persons affected by this directive Airspace Management, Federal Aviation may obtain copies of the document referred Administration, 800 Independence Pilatus Britten-Norman (Pilatus): Docket to herein upon request Pilatus Britten- Avenue, SW., Washington, DC 20591; No. 96–CE–33–AD. Norman, Ltd., Bembridge, Isle of Wight, telephone: (202) 267–8783. Applicability: BN2, BN2A, and BN2B United Kingdom, PO35 5PR; or may examine series airplanes (all serial numbers) that have this document at the FAA, Central Region, SUPPLEMENTARY INFORMATION: been modified with a 70 amp direct current Office of the Assistant Chief Counsel, Room (DC) Generation System, certificated in any Comments Invited category. 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Interested parties are invited to Note 1: This AD applies to each airplane participate in this proposed rulemaking identified in the preceding applicability Issued in Kansas City, Missouri, on August by submitting such written data, views, 15, 1996. provision, regardless of whether it has been or arguments as they may desire. modified, altered, or repaired in the area Carolanne L. Cabrini, Comments that provide the factual basis subject to the requirements of this AD. For Acting Manager, Small Airplane Directorate, airplanes that have been modified, altered, or supporting the views and suggestions Aircraft Certification Service. repaired so that the performance of the presented are particularly helpful in requirements of this AD is affected, the [FR Doc. 96–21373 Filed 8–21–96; 8:45 am] developing reasoned regulatory owner/operator must request approval for an BILLING CODE 4910±13±U decisions on the proposal. Comments Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Proposed Rules 43321 are specifically invited on the overall (ARSA), was recommended by a The Myrtle Beach International regulatory, aeronautical, economic, consensus of the task group. Airport is a public-use airport with an environmental, and energy-related The FAA published NAR operating Level II control tower served aspects of the proposal. Recommendation 1–2.2.1, ‘‘Replace by Radar Approach Control. The FAA Communications should identify the Terminal Radar Service Areas with assumed responsibility from the U.S. airspace docket number and be Model B Airspace and Service’’ in Air Force, for providing air traffic submitted in triplicate to the address Notice 83–9 (July 28, 1983; 48 FR services at the airport in December listed above. Commenters wishing the 34286) proposing the establishment of 1992. The number of general aviation FAA to acknowledge receipt of their ARSA’s at the Robert Mueller Municipal and air taxi aircraft operating in the comments on this notice must submit Airport, Austin, TX, and the Port of terminal environment at Myrtle Beach with those comments a self-addressed, Columbus International Airport, International Airport is increasing. The stamped postcard on which the Columbus, OH. ARSA’s were designated volume of passenger enplanements following statement is made: at these airports on a temporary basis by reported at Myrtle Beach International ‘‘Comments to Airspace Docket No. 95– SFAR No. 45 (October 28, 1983; 48 FR Airport were 316,809, 274,531, and AWA–6.’’ The postcard will be date/ 50038) to provide an operational 290,295, respectively, for calendar years time stamped and returned to the confirmation of the ARSA concept for 1994, 1993, and 1992. Myrtle Beach commenter. All communications potential application on a national International Airport qualifies as a Class received on or before the specified basis. C airspace candidate based on the closing date for comments will be Following a confirmation period of volume of enplaned passengers. considered before taking action on the more than a year, the FAA adopted the The Proposal proposed rule. The proposal contained NAR recommendation and, on February in this notice may be changed in light 27, l985, issued a final rule (50 FR 9252; The FAA is proposing an amendment of comments received. All comments March 6, l985) defining ARSA airspace to Title 14, Code of Federal Regulations submitted will be available for and establishing air traffic rules for (14 CFR part 71) to establish a Class C examination in the Rules Docket both operation within such an area. airspace area at the Myrtle Beach before and after the closing date for Concurrently, by separate rulemaking International Airport and revoke the comments. A report summarizing each action, ARSA’s were permanently Class D airspace area at the Myrtle substantive public contact with FAA established at the Austin, TX, Beach AFB, SC. Myrtle Beach personnel concerned with this Columbus, OH, and the Baltimore/ International Airport is a public airport rulemaking will be filed in the docket. Washington International Airports (50 with a Level II operating control tower FR 9250; March 6, l985). The FAA served by a Radar Approach Control. Availability of NPRM’s stated that future notices would propose The FAA previously has published a Any person may obtain a copy of this ARSA’s for other airports at which final rule (50 FR 9252; March 6, l985) Notice of Proposed Rulemaking (NPRM) TRSA procedures were in effect. that defines Class C airspace, and by submitting a request to the Federal Additionally, the NAR Task Group prescribes operating rules for aircraft, Aviation Administration, Office of Air recommended that the FAA develop ultralight vehicles, and parachute jump Traffic Airspace Management, quantitative criteria for proposing to operations in Class C airspace areas. The Attention: Airspace and Rules Division, establish ARSA’s at locations other than final rule provides, in part, that all ATA–400, 800 Independence Avenue, those which were included in the TRSA aircraft arriving at any airport in Class SW., Washington, DC 20591, or by replacement program. The task group C airspace or flying through Class C calling (202) 267–3075. recommended that these criteria airspace must: (1) prior to entering the Communications must identify the include, among other things, traffic mix, Class C airspace, establish two-way notice number of this NPRM. Persons flow and density, airport configuration, radio communications with the ATC interested in being placed on a mailing geographical features, collision risk facility having jurisdiction over the area; list for future NPRM’s should contact assessment, and ATC capabilities to and (2) while in Class C airspace, the Federal Aviation Administration, provide service to users. These criteria maintain two-way radio Office of Rulemaking, (202) 267–9677, have been developed and are being communications with that ATC facility. to request a copy of Advisory Circular published via the FAA directives For aircraft departing from the primary No. 11–2A, which describes the system. airport within Class C airspace, or a application procedure. The FAA has established ARSA’s at satellite airport with an operating 121 locations under a paced control tower, two-way radio Background implementation plan to replace TRSA’s communications must be established On April 22, 1982, the National with ARSA’s. This is one of a series of and maintained with the control tower Airspace Review (NAR) plan was notices to implement ARSA’s at and thereafter as instructed by ATC published in the Federal Register (47 locations with TRSA’s or locations while operating in Class C airspace. For FR 17448). The plan encompassed a without TRSA’s that warrant aircraft departing a satellite airport review of airspace use and procedural implementation of an ARSA. Airspace without an operating control tower and aspects of the ATC system. Among the Reclassification, effective September 16, within Class C airspace, two-way radio main objectives of the NAR was the 1993, reclassified ARSA’s as Class C communications must be established improvement of the ATC system by airspace areas. This change in with the ATC facility having increasing efficiency and reducing terminology is reflected in the jurisdiction over the area as soon as complexity. In its review of terminal remainder of this NPRM. practicable after takeoff and thereafter airspace, NAR Task Group 1–2 This notice proposes Class C airspace maintained while operating within the concluded that Terminal Radar Service designation at a location which was not Class C airspace area (14 CFR section Areas (TRSA’s) should be replaced. identified as a candidate for Class C in 91.130). Four types of airspace configurations the preamble to Amendment No. 71–10 Pursuant to Federal Aviation were considered as replacement (50 FR 9252). Other candidate locations Regulations section 91.130 (14 CFR part candidates, of which Model B, since will be proposed in future notices 91) all aircraft operating within Class C redesignated Airport Radar Service Area published in the Federal Register. airspace are required to comply with 43322 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Proposed Rules sections 91.129 and 91.130. Ultralight in Department of Transportation’s their regular flight paths. Therefore, the vehicle operations and parachute jumps Regulatory Policies and Procedures; (3) FAA has determined the proposed rule in Class C airspace areas may only be would not have a significant impact on would impose minimal, if any, cost conducted under the terms of an ATC a substantial number of small entities; impact on aircraft operators. authorization. and (4) would not constitute a barrier to Cost Impact on the FAA The FAA adopted the NAR Task international trade. These analyses are Group recommendation that each Class summarized below in the docket. The FAA assumed responsibility for C airspace area be of the same airspace ATC at the Myrtle Beach AFB from the configuration insofar as is practicable. Cost-Benefit Analysis United States Air Force on December The standard Class C airspace area The FAA has determined the 27, 1992. In that same year, a review of consists of that airspace within 5 proposed establishment of the Myrtle the radar system at Myrtle Beach was nautical miles of the primary airport, Beach Class C airspace area would conducted. As a result of that review, extending from the surface to an altitude enhance operational efficiency (through the FAA decided to expedite the of 4,000 feet above that airport’s the promotion of additional ATC replacement of the computer system in elevation, and that airspace between 5 operating procedures) and aviation conjunction with the radar scope. and 10 nautical miles from the primary safety (in the form of reduced risk of Myrtle Beach AFB installed a new airport from 1,200 feet above the surface midair collision in the proposed Class C computer system, after the FAA’s 1992 to an altitude of 4,000 feet above that airspace area). review; therefore, the agency would not incur any additional cost for equipment airport’s elevation. Proposed deviations Costs from this standard have been necessary (such as consoles) with the proposed at some airports because of adjacent Those potential cost components establishment of Class C airspace. The regulatory airspace, international (navigational equipment for aircraft proposed Class C airspace area would boundaries, topography, or unusual operators and operations support also be able to function effectively with operational requirements. equipment for the FAA, including existing personnel resources. Once an Definitions and operating additional cost for air traffic controllers) NPRM becomes final, the FAA requirements applicable to Class C that could be imposed by the proposed distributes a Letter to Airmen to pilots airspace may be found in section 71.51 rule are discussed as follows: residing within 50 miles of the proposed of part 71 and sections 91.1 and 91.130 Cost Impact on Aircraft Operators established Class C airspace area. This of part 91 of the Federal Aviation one-time incurred cost of the Regulations (14 CFR parts 71, 91). The Aircraft operators would incur established rule would be coordinates for this airspace docket are minimal, if any, cost with compliance approximately $535. The FAA based on North American Datum 83. from the proposed rule. The assessment systematically revises sectional charts Class C and Class D airspace is based on the most recent General every 6 months; therefore, the proposed designations are published, Aviation and Avionics Survey Report. rule would not impose any additional respectively, in paragraphs 4000 and The report indicates an estimated 82 charting costs to the agency. The FAA 5000 of FAA Order 7400.9C dated percent of all General Aviation (GA) holds an informal public meeting at August 17, 1995, and effective aircraft operators are already equipped each proposed Class C airspace area September 16, 1995, which is with two-way radios that are required to location. These meetings provide pilots incorporated by reference in 14 CFR enter Class C airspace. As of December with the best opportunity to learn both 71.1. The Class C airspace designation 30, 1990, all aircraft (except those how a Class C airspace area works and listed in this document would be without an electrical system, balloons how it would affect their local published subsequently in the Order and gliders) flying in the vicinity of the operations. The expenses associated and the Class D airspace designation Myrtle Beach Airport have been with these public meetings are incurred listed in this document would be required to have a Mode C transponder regardless of whether a Class C airspace removed subsequently from the Order. under Federal Aviation Regulations (14 area is ultimately established. Thus, part 91.215). The FAA has traditionally they are more appropriately considered Regulatory Evaluation Summary accommodated GA aircraft operators routine FAA costs. If the proposed Class Proposed changes to Federal without two-way radio communication C airspace area becomes a final rule, any regulations must undergo several equipment and operators of aircraft subsequent public information costs economic analyses. First, Executive without electrical systems, via ATC would be strictly attributed to the Order 12866 directs that each Federal authorized deviations or letters of proposal. The FAA recognizes that agency shall propose or adopt a agreement, when practical to do so delays might develop at Myrtle Beach regulation only upon a reasoned without jeopardizing aviation safety. following the initial establishment of determination that the benefits of the There would be no additional cost for the Class C airspace area. However, intended regulation justify its costs. transponder equipage, as a result of the those delays that do occur are typically Second, the Regulatory Flexibility Act proposed rule, because the regulatory transitional in nature. The FAA requires agencies to analyze the evaluation prepared for the Mode C contends that any potential delays that economic effect of regulatory changes transponders rule estimated the cost of do occur are typically transitional in on small entities. Third, the Office of such equipment for the affected nature. The FAA contends that any Management and Budget directs operators. Not all GA aircraft operators potential delays would eventually be agencies to assess the effect of may receive authorized deviations or more than offset by the increased regulatory changes on small entities letters of agreement, these operators flexibility afforded controllers in changes on international trade. In would be required to circumnavigate the handling traffic as a result of Class C conducting these analyses, the FAA has Class C airspace area. The FAA has separation standards. This has been the determined that this NPRM: (1) would determined operators could experience at other Class C airspace generate benefits that justify its minimal circumnavigate around the proposed areas. Thus, the FAA has determined costs and is not ‘‘a significant regulatory airspace (5 miles), over, or in certain that the Myrtle Beach facility is already action’’ as defined in the Executive cases, under the proposed airspace equipped with the necessary personnel, Order; (2) is not significant as defined without significantly deviating from capability, and equipment to provide Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Proposed Rules 43323

Class C services to the maximum extent unnecessarily and disproportionately List of Subjects in 14 CFR Part 71 at minimal cost. burdened by Federal regulations. The RFA requires a Regulatory Flexibility Airspace, Incorporation by reference, Benefits Analysis if a proposed rule would have Navigation (air). Those potential benefit components ‘‘significant economic impact on a The Proposed Amendment (enhanced aviation safety and substantial number of small entities.’’ operational efficiency) that are expected FAA Order 2100.14A outlines the FAA’s In consideration of the foregoing, the to be generated by the proposed rule are procedures and criteria for Federal Aviation Administration discussed as follows: implementing the RFA. proposes to amend 14 CFR part 71 as Impact on Aviation Safety The small entities that may follows: potentially incur minimal, if any, cost The proposed rule would enhance with the implementation of the PART 71Ð[AMENDED] aviation safety. The enhancement in proposed rule are operators of aircraft aviation safety would be in the form of who do not meet Class C navigational 1. The authority citation for part 71 a reduced probability of midair equipment standards (primarily parts continues to read as follows: collisions. The FAA has increased the 91, 121 and 135 aircraft without two- Authority: 49 U.S.C. 106(g), 40103, 40113, controlled airspace around Myrtle way radios and Mode C transponders). Beach, due to the increase in passenger 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– The small entities potentially impacted 1963 Comp., p. 389; 14 CFR 11.69. enplanements and complexity of by the proposed rule would not incur operations in that area. The any additional cost for navigational § 71.1 [Amended] enhancement to aviation safety is based equipment and more stringent operating on the fact that the proposed rule would procedures because they routinely fly 2. The incorporation by reference in impose equipment (i.e., two-way radio into airspace where such requirements 14 CFR 71.1 of the Federal Aviation and Mode C transponders) and are already in place. As the result of the Administration Order 7400.9C, Airspace operational requirements (i.e., Mode C rule, all of these commercial Designations and Reporting Points, separation procedures and safety alerts) operators are assumed to have Mode C dated August 17, 1995, and effective on aircraft operators in the proposed transponders. The FAA has traditionally September 16, 1995, is amended as Class C airspace area. The FAA Office accommodated GA and other aircraft follows: of Aviation Safety conducted a study of operators without two-way radio Paragraph 4000—Subpart C—Class C the occurrences of near-midair communication equipment and Mode C Airspace collisions (NMAC), the byproduct of the transponders, via letters of agreement, * * * * * study, was that 15 percent of reported when practical to do so without NMAC’s occur in airspace similar to jeopardizing safety. Therefore, the FAA ASO SC C Myrtle Beach, SC [New] that at Myrtle Beach. has determined that the proposed rule Myrtle Beach International Airport would not have a significant economic (Lat. 33°40′47′′ N., long. 78°55′42′′ W.) Impact on Operational Efficiency impact on a substantial number of small That airspace extending upward from the The proposed rule would enhance entities. surface to and including 4,000 feet MSL aircraft operational efficiency. This International Trade Impact Assessment within a 5-mile radius of the Myrtle Beach assessment is based on the enhancement International Airport, and that airspace in operational efficiency that would The proposed rule would not extending upward from 1,200 feet MSL to accrue from increased operational constitute a barrier to international and including 4,000 feet MSL within a 10- requirements in the proposed Class C trade, including the export of American mile radius of the Myrtle Beach International airspace area. Aircraft operators in this goods and services to foreign countries Airport. This Class C airspace area is type of airspace would receive and the import of foreign goods and effective during the specific dates and times additional information in the form of services into the United States. This of operation of the Myrtle Beach Approach traffic advisories and separation and assessment is based on the fact that the Control facility, as established in advance by sequencing of arrivals. The proposed proposed rule would neither impose a Notice to Airmen. The effective date and rule would not have an adverse impact costs on aircraft operators nor aircraft times will thereafter be continuously on satellite airports located within the manufacturers (U.S. or foreign). published in Airport/Facility Directory. * * * * * surface area of the Class C airspace area. Federalism Implications Conclusion The regulations adopted herein will Paragraph 5000—Subpart D—Class D Airspace In view of the minimal cost of not have substantial direct effects on the compliance, enhanced aviation safety States, on the relationship between the * * * * * and operational efficiency, the FAA has national Government and States, or on ASO SC D Myrtle Beach AFB, SC [Removed] the distribution of power and determined that the proposed rule * * * * * would be cost-beneficial. responsibilities among the various Issued in Washington, DC, on August 15, levels of government. Therefore, in 1996. Initial Regulatory Flexibility accordance with Executive Order 12612, Jeff Griffith, Determination it is determined that this proposed rule The Regulatory Flexibility Act of 1980 would not have sufficient federalism Program Director for Air Traffic Airspace (RFA) was enacted by Congress to implications to warrant the preparation Management. ensure that small entities are not of a Federalism Assessment. BILLING CODE 4910±13±P 43324 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Proposed Rules

[FR Doc. 96–21479 Filed 8–21–96; 8:45 am] BILLING CODE 4910±13±C Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Proposed Rules 43325

DEPARTMENT OF COMMERCE Council under the Magnuson Fishery fixed gear on or about September 1 of Conservation and Management Act each fishing year. National Oceanic and Atmospheric (Magnuson Act). Regulations governing The intent of Amendment 24 was to Administration the groundfish fishery of the BSAI provide stability in the trawl, fixed, and appear at 50 CFR parts 600 and 679. jig gear fisheries by establishing 50 CFR Part 679 designated allocations of the Pacific cod Management Background and Need for TAC among vessels using these different [Docket No. 960815223±6223±01; I.D. Action 081296A] gear types. The Council believed that In 1994, NMFS implemented the stability provided through both gear RIN 0648±AI70 Amendment 24 to the FMP (59 FR 4009, type and seasonal allocations of Pacific Fisheries of the Exclusive Economic January 28, 1994), which allocated the cod would enable each sector of the Zone off Alaska; Allocations of Pacific BSAI Pacific cod TAC among vessels industry to increase the net benefits Cod in the Bering Sea and Aleutian using trawl gear, fixed gear (hook-and- received from the harvest of Pacific cod. Islands Area line and pot) and jig gear. The Council In December 1995, the Council began designed Amendment 24 as a 3-year analysis of Amendment 46, which AGENCY: National Marine Fisheries measure that is scheduled to expire at would extend the management Service (NMFS), National Oceanic and the end of 1996. The percentage measures authorized by Amendment 24 Atmospheric Administration (NOAA), allocations established by Amendment beyond 1996. Council staff prepared a Commerce. 24 for the 1994–96 fishing seasons were: draft EA/RIR for Amendment 46 to ACTION: Proposed rule; request for Trawl gear, 54 percent; fixed gear, 44 examine a range of possible allocations comments. percent; and jig gear, 2 percent. These of Pacific cod to each gear type with percentages represented, roughly, the specific attention to prohibited species SUMMARY: NMFS proposes regulations to existing harvest percentages of the two catch (PSC) mortality, impacts on implement Amendment 46 to the major sectors, trawl, and hook-and-line, habitat, and discards of Pacific cod by Fishery Management Plan for the while specifically allocating 2 percent to various industry sectors. To guide the Groundfish Fishery in the Bering Sea jig gear. The 2 percent allocation to jig analysis of alternatives for Amendment and Aleutian Islands Area (FMP). gear exceeded the existing harvest 46, the Council drafted the following Amendment 46 would allocate the percentage taken by that gear type and problem statement: Bering Sea and Aleutian Islands was intended to allow for growth in the The Bering Sea/Aleutian Islands Pacific Management Area (BSAI) Pacific cod jig sector. cod fishery continues to manifest many of the total allowable catch (TAC) among Amendment 24 also authorized NMFS problems that led the Council to adopt vessels using trawl gear, fixed gear to divide the fixed gear allocation of Amendment 24 in 1993. These problems (hook-and-line and pot), and jig gear. Pacific cod into three seasons of 4 include compressed fishing seasons, periods This action also would provide of high bycatch, waste of resource, and new months duration and allocate the Pacific entrants competing for the resource due to authority for the fixed gear allocation of cod TAC among the three seasons in Pacific cod to be divided into seasonal crossovers allowed under the Council’s proportions recommended by the moratorium program. Since the allocation of allowances, and would allow any Council. The Council took this action in BSAI Pacific cod TAC between fixed gear, jig, unused portion of one gear’s allocation response to hook-and-line industry and trawl gear was implemented in January to be reallocated to other gear types. representatives who argued for a 1994 when Amendment 24 went into effect, This action is necessary to respond to seasonal allowance of the fixed gear the trawl, jig and fixed gear components have harvested the TAC with demonstrably socioeconomic needs of the fishing allocation of Pacific cod to allow for a industry that have been identified by differing levels of PSC mortality, discards, first and third season fishery when and bycatch of non-target species. the North Pacific Fishery Management halibut bycatch rates, product quality, Council (Council) and is intended to Management measures are needed to ensure and markets are most advantageous. The that the Pacific cod TAC is harvested in a further the goals and objectives of the second season (May 1 through August manner which reduces discards in the target FMP. 31) is the least desirable period to fisheries, reduces PSC mortality, reduces DATES: Comments must be received by harvest Pacific cod with hook-and-line nontarget bycatch of Pacific cod and other October 3, 1996. gear based on these same criteria. Trawl groundfish species, takes into account the social and economic aspects of variable ADDRESSES: Comments must be sent to industry representatives indicated that allocations and addresses impacts of the Ronald J. Berg, Chief, Fisheries seasonal allowances were unnecessary fishery on habitat. In addition, the Management Division, Alaska Region, for the trawl sector, because relatively amendment will continue to promote NMFS, P.O. Box 21668, Juneau, AK low Pacific halibut bycatch rates, high stability in the fishery as the Council 99802, Attn: Lori J. Gravel. Copies of the catch-per-unit-of-effort, and stable continues on the path towards proposed FMP amendment and the market conditions early in the year comprehensive rationalization. Environmental Assessment/ Regulatory support the prosecution of the Pacific After contentious testimony from Impact Review (EA/RIR) prepared for cod trawl fishery during this period. representatives for different sectors of Amendment 46 may be obtained from Lastly, Amendment 24 established the BSAI Pacific cod fishery during the North Pacific Fishery Management authority for NMFS to reallocate Pacific initial consideration of Amendment 46 Council, 605 West Fourth Avenue, Suite cod from vessels using trawl gear to in April 1996, the Council named an 306, Anchorage, AK 99501; telephone: vessels using fixed gear and vise versa industry negotiating committee 907–271–2809. anytime during the fishing year the composed of representatives for the FOR FURTHER INFORMATION CONTACT: Kent Director, Alaska Region, NMFS following sectors: Freezer/longliner, Lind, 907–586–7228. (Regional Director), determined that one catcher longliner, pot vessel, factory SUPPLEMENTARY INFORMATION: gear group or the other would not be trawler, shoreside delivery trawler, The domestic groundfish fisheries in able to harvest its allocation of Pacific mothership delivery trawler, and the exclusive economic zone of the cod. Any projected unused portion of shoreside processor. This industry BSAI are managed by NMFS under the the jig gear allocation was to be negotiating committee, which convened FMP. The FMP was prepared by the reallocated to vessels using trawl and in May 1996, was given the task of 43326 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Proposed Rules drafting an allocation to each gear type that NMFS reallocate any projected Classification that would be acceptable to all sectors unused jig allocation to fixed gear on Section 304(a)(1)(D) of the Magnuson of the BSAI Pacific cod fishery. September 15 of each fishing year after Act requires that regulations proposed After 2 days of public meetings in hearing industry requests for a by a council be published within 15 Seattle, WA, the negotiating committee predictable date for the reallocation of days of receipt of the FMP amendment arrived at the following percentages: the projected unused jig gear allocation. and regulations. At this time, NMFS has Fixed gear, 51 percent; trawl gear, 47 In contrast to Amendment 24, the not determined that the FMP percent divided equally between catcher Council chose not to establish a sunset amendment these rules would vessels and catcher/processors; and jig date for Amendment 46. implement is consistent with the gear, 2 percent. These percentages were national standards, other provisions of chosen because they closely represented Regulations Proposed under the Magnuson Act, and other applicable the current harvest percentage taken by Amendment 46 laws. NMFS, in making that the trawl and fixed gear types under The following summarizes the determination, will take into account current halibut PSC limits while regulations proposed under Amendment the data, views, and comments received retaining the 2 percent allocation for jig 46. during the comment period. gear. The Council prepared an EA for this The 50/50 split of the trawl gear 1. The BSAI Pacific cod TAC would FMP amendment that discusses the allocation between catcher vessel and be allocated among gear types as catcher/processors was arrived at follows: Fixed gear, 51 percent; trawl impact on the environment as a result through a separate negotiation by gear, 47 percent; and jig gear, 2 percent. of this rule. A copy of this EA is representatives for the different sectors 2. The BSAI Pacific cod TAC available from the Council (see of the trawl fleet. Catcher vessel allocated to vessels using trawl gear ADDRESSES). The EA concluded that the representatives argued that directed would be further allocated 50 percent to distribution of fishing effort among fishing for Pacific cod by catcher/ catcher vessels and 50 percent to different sectors of the fishing industry, processors, as well as high levels of catcher/processors. as well as the spatial and temporal Pacific cod taken as bycatch by catcher/ 3. The authority for NMFS to divide distribution of fishing effort within each processors engaged in other directed the fixed gear allocation of Pacific cod sector of the industry, is unlikely to fisheries, could preempt the catcher into three seasons of 4 months duration change as a result of this rule. As a vessel sector, which is more dependent would continue unchanged. The criteria consequence, fishing under this rule on directed fishing for Pacific cod. A to be used for determining the will not impact the environment to an separate allocation of Pacific cod to percentage of fixed gear TAC allocated extent and in a manner not already trawl catcher vessels would prevent to each season include: The seasonal considered in the EA prepared for the preemption of catcher vessels by the distribution of prohibited species, the 1996 TAC specifications. This proposed rule has been catcher/processor sector. From 1992 seasonal distribution of Pacific cod determined to be not significant for the through 1995, catcher vessels were relative to prohibited species purposes of E.O. 12866. responsible for 40 percent of the total distribution, the expected variations in trawl landings of Pacific cod, but The Assistant General Counsel for Pacific halibut bycatch rates throughout Legislation and Regulation of the harvested 54 percent of the Pacific cod the fishing year, and the economic taken by trawl vessels while engaged in Department of Commerce certified to effects of any seasonal allowance of the Chief Counsel for Advocacy of the directed fishing for Pacific cod. During Pacific cod on the fixed gear fisheries. the same time period, catcher processors Small Business Administration as 4. The authority for NMFS to follows: were responsible for 74 percent of the reallocate Pacific cod from vessels using Pacific cod taken as bycatch by trawl trawl gear to vessels using fixed gear I certify that the attached proposed rule vessels while engaged in directed issued under authority of section 304(a) of and vice versa anytime during the the Magnuson Fishery Conservation and fishing for other species. fishing year that the Regional Director Because both the trawl and hook-and- Management Act will not have a significant determines that one gear group or the line sectors are constrained by existing economic impact on a substantial number of other would not be able to harvest its small entities. The proposed rule would halibut PSC limits, the negotiating allocation of Pacific cod would continue allocate the BSAI Pacific cod total allowable committee recognized that it would be unchanged. catch among vessels using trawl gear, fixed unlikely that vessels using both gear gear and jig gear. This action also would types could exploit larger allocations of 5. Any portion of the Pacific cod TAC provide authority for the fixed gear allocation Pacific cod under their existing halibut allocated to vessels using jig gear and to be divided into seasonal allowances, and PSC limits. The negotiating committee projected by NMFS to be unused by the would allow any unused portion of one expected that operators of vessels using end of the fishing year would be gear’s allocation to be reallocated to other pot gear would be able to harvest the reallocated to vessels using fixed gear gear types. This action is necessary to replace remaining TAC of Pacific cod once on September 15 of each fishing year. the current Pacific cod allocations which were established by Amendment 24 to the vessels using trawl and hook-and-line 6. NMFS also proposes to implement FMP and which are scheduled to expire on gear reached their halibut PSC limits. a measure that would allow any unused January 1, 1997. At its June 1996 meeting, the Council fixed gear seasonal allowance to be The percentage allocations in the proposed approved unanimously the allocation reallocated in a manner determined by rule largely mirror existing harvest patterns percentages proposed by the industry NMFS in annual consultation with the and would not result in a change of more negotiating committee as part of Council and that promotes the goals and than 5 percent in overall gross revenues for Amendment 46 to the FMP. The Council objectives of the FMP. This measure any particular operation relative to the status also extended without modification the would, for example, allow NMFS to quo. This action is expected to generate largely unquantifiable positive impacts other management measures established reallocate unused fixed gear allocations including: Prohibited species bycatch by Amendment 24, except for the date from the first season to the third season reductions, increased amounts of cod that any projected unused jig gear when halibut bycatch rates, product available to cod target fisheries, allowances allocation would be reallocated to other quality, and markets are most for growth of relatively clean fishing gears gear types. The Council recommended advantageous. (such as pot gear), and overall stability Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Proposed Rules 43327 within and across industry sectors. The (7) Pacific cod TAC, BSAI—(i) TAC by gear to vessels using hook-and-line or proposed rule would not change compliance gear. (A) The BSAI TAC of Pacific cod, pot gear through notification in the costs or impose any additional paperwork or after subtraction of reserves, will be Federal Register. reporting requirements. allocated 2 percent to vessels using jig (iv) Seasonal allowances—(A) Time The Regional Director determined that gear, 51 percent to vessels using hook- periods. NMFS, after consultation with fishing activities conducted under this and-line or pot gear, and 47 percent to the Council, may divide the TAC rule will not affect endangered and vessels using trawl gear. allocated to vessels using hook-and-line threatened species listed or critical (B) The portion of Pacific cod TAC or pot gear under paragraph (a)(7)(i) of habitat designated pursuant to the allocated to trawl gear under paragraph this section among the following three Endangered Species Act in any manner (a)(7)(i)(A) of this section will be further periods: January 1 through April 30; not considered in prior consultations on allocated 50 percent to catcher vessels May 1 through August 31; and the groundfish fisheries of the BSAI. and 50 percent to catcher/processors as September 1 through December 31. defined for the purposes of (B) Factors to be considered. NMFS List of Subjects in 50 CFR Part 679 recordkeeping and reporting at § 679.2. (C) The Regional Director may will base any seasonal allowance of the Fisheries, Reporting and Pacific cod allocation to vessels using recordkeeping requirements. establish separate directed fishing allowances and prohibitions authorized hook-and-line and pot gear on the Dated: August 16, 1996. under paragraph (d) of this section for following information: Gary Matlock, vessels harvesting Pacific cod using jig (1) Seasonal distribution of Pacific Program Management Officer, National gear, hook-and-line or pot gear, or trawl cod relative to prohibited species Marine Fisheries Service. gear. distribution. For the reasons set out in the (ii) Unused gear allocation. If, during (2) Variations in prohibited species preamble, 50 CFR part 679 is proposed a fishing year, the Regional Director bycatch rates in the Pacific cod fisheries to be amended as follows: determines that vessels using trawl gear throughout the fishing year. or hook-and-line or pot gear will not be (3) Economic effects of any seasonal PART 679ÐFISHERIES OF THE able to harvest the entire amount of allowance of Pacific cod on the hook- EXCLUSIVE ECONOMIC ZONE OFF Pacific cod in the BSAI allocated to and-line and pot-gear fisheries. ALASKA those vessels under paragraphs (a)(7)(i) (C) Unused seasonal allowances. Any or (a)(7)(iii) of this section, NMFS may unused portion of a seasonal allowance 1. The authority citation for 50 CFR reallocate the projected unused amount of Pacific cod to vessels using hook-and- part 679 continues to read as follows: of Pacific cod to vessels harvesting line or pot gear will be reallocated to the Authority 16 U.S.C. 773 et seq.; 1801 et Pacific cod using the other gear type(s) remaining seasonal allowances during a seq. through notification in the Federal current fishing year in a manner 2. In § 679.20, paragraph (a)(7) is Register. determined by NMFS, after consultation revised to read as follows: (iii) Reallocation of TAC specified for jig gear. On September 15 of each year, with the Council. § 679.20 General limitations. the Regional Director will reallocate any * * * * * * * * * * projected unused amount of Pacific cod [FR Doc. 96–21393 Filed 8–19–96; 1:41 pm] (a) * * * in the BSAI allocated to vessels using jig BILLING CODE 3510±22±F 43328

Notices Federal Register Vol. 61, No. 164

Thursday, August 22, 1996

This section of the FEDERAL REGISTER Title: Federal Collection Methods for Description of Respondents: Business contains documents other than rules or Food Stamp Program Recipient Claims. or other for-profit; Non-for-profit proposed rules that are applicable to the Summary: This Program is designed institutions. public. Notices of hearings and investigations, to help collect debts owed for Number of Respondents: 70. committee meetings, agency decisions and overissued food stamp benefits. Frequency of Responses: Reporting: rulings, delegations of authority, filing of On occasion. petitions and applications and agency Need and Use of the Information: statements of organization and functions are Data is needed to assure unpaid claims Total Burden Hours: 18. examples of documents appearing in this are properly noted and efforts to collect Rural Housing Service section. monies are valid. Description of Respondents: Title: 7 CFR 1944–1, ‘‘Self-Help Individuals or households; Federal Technical Assistance Grants’’. Summary: Information is collected DEPARTMENT OF AGRICULTURE Government; State, Local or Tribal from non-profit organizations who want Government. Submission for OMB Review; to develop a Self-Help program in their Number of Respondents: 327,552. Comment Request area to increase the availability of Frequency of Responses: affordable housing. August 16, 1996. Recordkeeping; Reporting: On occasion; Need and Use of the Information: The Department of Agriculture has Quarterly; Weekly; Annually. This information is needed by the Rural submitted the following information Total Burden Hours: 72,862. Housing Service to determine if the collection requirement(s) to OMB for Title: Study of Direct Certification. organization is capable of successfully review and clearance under the Summary: Study will collect carrying out the requirements of the Paperwork Reduction Act of 1995, nationally representative data on the Self-Help program. Public Law 104–13. Comments status of direct certification usage and Description of Respondents: State, regarding these information collections assess multiple aspects of it. Local, or Tribal Government; Non-for- are best assured of having their full Respondents will be state and local profit institutions. effect if received within 30 days of this entities involved with the National Number of Respondents: 100. notification. Comments should be School Lunch Program. Frequency of Responses: addressed to: Desk Officer for Need and Use of the Information: Recordkeeping; Reporting: Quarterly, Agriculture, Office of Information and Data will be used to inform officials on Monthly, Annually. Regulatory Affairs, Office of how direct certification is being Total Burden Hours: 2,640. Management and Budget (OMB), implemented nationally, what seems to Farm Service Agency Washington, DC 20503 and to work best in various settings, the Department Clearance Officer, USDA, programmatic and/or cost savings Title: CCC Conservation Contract. OCIO, Mail Stop 7602, Washington, DC resulting from direct certification, and Summary: These requirements are for 20250–7630. Copies of the the effect of direct certification on the Environmental Quality Incentives submission(s) may be obtained by student eligibility and participation in Program, the Wildlife Habitat Incentives calling (202) 720–6204 or (202) 720– the National School Lunch Program. Program and the Farmland Protection Program. 6746. Description of Respondents: State, Need and Use of the Information: Local or Tribal Government. Food and Consumer Service Eligible land owners may apply for Number of Respondents: 1,376. Title: Food Stamp Program Store financial assistance. The agreement or Application(s) Frequency of Responses: Reporting: contract must include a conservation Summary: The Food Stamp Act of One-time only. plan. Federal cost share payments may 1977, as amended, requires that the Total Burden Hours: 2,307. be made to the land user upon Agency determine the eligibility of firms Forest Service successful application of the and specified programs to accept and conservation treatment. redeem food stamp benefits and to Title: Application for Prospecting Description of Respondents: Farms; monitor them for compliance and Permit. Individuals or households. continued eligibility. Summary: Application information is Number of Respondents: 27,500. Need and Use of the Information: collected to ensure that a complete, Frequency of Responses: Reporting: This information is used for concise description of the proposed One time only. determining a firm’s eligibility for geophysical activity is obtained and Total Burden Hours: 43,450. participation in the program, program thereby ensure timely and effective Emergency processing of this administration, compliance monitoring review and decision-making in full submission has been requested by and investigations and for sanctioning compliance with the National August 16, 1996. stores found to be violating the program. Environmental Policy Act and other Agricultural Marketing Service Description of Respondents: Business requirements given in the National or other for-profit; Not-for-profit Forest Management Act of 1976. Title: Provisions Regulating the institutions. Need and Use of the Information: The Quality of Domestically Produced Number of Respondents: 80,613. information is used by the issuing office Peanuts Handled by Persons not Subject Frequency of Responses: Reporting: to ensure a thorough accurate and to the Peanut Marketing Agreement. On occasion. timely review of the proposed plan of Summary: Public Law 101–220 Total Burden Hours: 18,347. operations. amended the Agricultural Agreement Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43329

Act of 1937 to require all peanuts Number of Respondents: 220. the eligibility of households applying handled by persons who have not Frequency of Responses: Reporting: for disaster food stamp assistance and entered into the Peanut Marketing Quarterly. for maintaining records regarding the Agreement to be subject to the same Total Burden Hours: 3,866. disaster food stamp program. quality and inspection requirements as Title: Regulations covering CCC’s Description of Respondents: State, are in effect under the agreement. Export Credit Guarantee Program (GSM– Local, or Tribal Government; Need and Use of the Information: The 102) & CCC’s Intermediate Export Credit Individuals or households. information is used to verify compliance Guarantee Program (GSM–103). Number of Respondents: 92,433. with inspection, quality and disposition Summary: The GSM–102 and GSM– Frequency of Responses: requirements. This insures that only 103 programs of the Commodity Credit Recordkeeping; Reporting: On Occasion. wholesome peanuts of good quality Corporation (CCC) were developed to Total Burden Hours: 51,132. enter edible market channels. expand U.S. exports by making Title: Coupon Account and Description of Respondents: Business available export credit guarantees to Destruction Report. or other for-profit. encourage U.S. private sector financing Summary: The Food Stamp Act of Number of Respondents: 45. of foreign purchases of U.S. agricultural 1977 requires an appropriate procedure Frequency of Responses: commodities on credit terms. for determining and monitoring the Recordkeeping; Reporting: On occasion; Need and Use of the Information: level of coupon inventories under the Weekly; Monthly. Collection of information is required in control of issuance agents for the Total Burden Hours: 591. order to become an eligible participant purpose of maintaining inventories at Rural Housing Service in the program. proper levels. The procedure also Title: 7 CFR—1944–B, Housing Description of Respondents: Business involves monitoring coupon deliveries, Application Packing Grants. or other for-profit. in-state transfers and return of coupons Summary: The Rural Housing Service Number of Respondents: 365. to inventory and exercising control over make grants to private and public non- Frequency of Responses: the destruction of unusable coupons. profit organizations and State and local Recordkeeping; Reporting: On Occasion. Need and Use of the Information: governments to package housing Total Burden Hours: 6,499. This collection accounts for coupons applications in colonies and designated Agricultural Marketing Service received as payment on recipient claims counties. mutilated or improperly manufactured Need and Use of the Information: The Title: Handling of Oranges, Grapefruit, old series coupons for exchange and information collected is necessary to Tangerines, and Tangelos Grown in coupons returned for miscellaneous assure the organizations participating in Florida—Addendum. reasons. FCS–471 is the vehicle that this program are eligible entities and Summary: Marketing Order No. 905 transmits unusable coupons to a have participated in application authorizes the regulation a certain destruction point, and in the packaging. agricultural commodities for the documentation for destroyed coupons. Description of Respondents: Not-for- purpose of providing orderly marketing Description of Respondents: State, profit institutions; State, Local or Tribal conditions in interstate commerce and Local, or Tribal Government; Federal Government. to improve return to growers. Currently Government. Number of Respondents: 200. the Agricultural Marketing Service is Number of Respondents: 10,276. Frequency of Responses: considering a proposal to limit the Frequency of Responses: Recordkeeping; Reporting: On occasion. volume of small Florida red seedless Recordkeeping; Reporting: Monthly. Total Burden Hours: 900. grapefruit. If this proposal is Total Burden Hours: 40,331. implemented, new information Foreign Agricultural Services collection would be required. Animal and Plant Health Inspection Title: Sugar to be Imported and Re- Need and Use of the Information: To Service exported in Refined Form or in Sugar ensure compliance with volume Title: Application for Inspection & Containing Products or Used for the regulation of red seedless grapefruit that Certification of Animal Byproducts. Production of Polyhydric Alcohol. would provide the Florida citrus Summary: USDA Veterinary Services Summary: The proposed regulations industry and the Department of provide export certification services to revise current regulations to conform Agriculture with important information U.S. processors desiring to qualify them to our obligation under the North to ensure fair regulation within the shipment of certain animal byproducts American Free Trade Agreement and to industry. for export to foreign countries. implement changes arising out of the Description of Respondents: Business Need and Use of the Information: adoption of the Uruguay Round or other for-profit; Farms. Without proper certification importing Agreement Implementation Act. Number of Respondents: 1,176. countries will not accept products, and Need and Use of the Information: The Frequency of Responses: applicant would be unable to conduct Licensing Authority will use this Recordkeeping; Reporting: On Occasion; business with that country. information to determine whether the Weekly. Description of Respondents: Business equivalent quantity of sugar entered will Total Burden Hours: 204. or other for-profit. be exported by the entering company or Number of Respondents: 20. Food and Consumer Service by a manufacturer or sugar containing Frequency of Responses: Reporting: products or used for the production of Title: Disaster Food Stamp Program. On Occasion. Polyhydric alcohol. Without this Summary: The Food Stamp Act Total Burden Hours: 10. information the Licensing Authority provides that program assistance be would be unable to identify who would provided to all disaster-affected Forest Service be responsible for exporting or using households who make application and Title: Commercial Use of ‘‘Woodsy entered sugar. are determined eligible for such Owl’’ Symbol. Description of Respondents: Business assistance. Summary: Business can be licensed to or other for-profit; Individuals or Need and Use of the Information: use the ‘‘Woodsy Owl’’ symbol for households. This information is needed to determine commercial purposes. 43330 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

Need and Use of the Information: Frequency of Responses: Supplementary Information section) by Information is needed to collect royalty Recordkeeping; Reporting: On occasion; September 23, 1996. fees and to gauge effectiveness of Biennially; Annually. ADDRESSES: Send written nominations licenses in meeting guaranteed sales Total Burden Hours: 578. to Chief , Natural Resources objectives. Food and Consumer Service Conservation Service, USDA, P.O. Box Description of Respondents: Business 2890, Washington, D.C. 20013. or other for-profit. Title: Federal Collection Methods for FOR FURTHER INFORMATION CONTACT: Number of Respondents: 10. Food Stamp Program Recipient Claims. George C. Bluhm, National Agricultural Frequencey of Responses: Summary: This Program is designed Meteorologist, NRCS, (916) 752–1018. Recordkeeping; Reporting: Quarterly. to help collect money owed for Total Burden Hours: 60. overissued food stamp benefits. SUPPLEMENTARY INFORMATION: Need and Use of the Information: Task Force Purpose Animal and Plant Health Inspection Data is needed to assure unpaid claims Service are properly noted and efforts to collect As required by Section 391 of the Federal Agriculture Improvement and Title: Scrapie Flock Certification, monies are valid. Description of Respondents: Reform Act (FAIR) of 1996, the Chief of Animal Identification, and the Natural Resources Conservation Indemnification Procedures. Individuals or household; Federal Government; State, Local, or Tribal Service (NRCS) shall establish a task Summary: Legislation allows the force to review research results by any Secretary of Agriculture to prevent, Government. Number of Respondents: 327,552. Federal Agency that addresses air control and eliminate domestic diseases quality issues related to agriculture or such as scrapie, as well as to take action Frequency of Responses: Recordkeeping; Reporting: On occasion; agriculture infastructure. to prevent and to mange exotic diseases Recommendations from the Task Force such as hog cholera, and African swine Weekly; Quarterly; Annually. Total Burden Hours: 72,862. will be provided to the Secretary of fever. Agriculture for guidance on air policy Need and Use of the Information: The Farm Service Agency implementations. NRCS intends to meet information is needed to assist in Title: Conservation Reserve Program all requirements of the Federal Advisory disease prevention. Committee Act (FACA) relative to this Description of Respondents: Farms; (CRP), 7 CFR Parts 704 and 1410. Summary: The Conservation Reserve Task Force. Business or other for-profit; Federal Program (CRP) regulations set forth the The Agricultural Air Quality Task Government; State, Local or Tribal basic policies, program provisions, and Force will review any policy Government. eligibility requirements for owners and recommendations issued by any federal Number of Respondents: 1,180. operators to enter into and carry out agency that would establish controls Frequency of Responses: long-term CRP contracts with financial over farming or ranch operations in Recordkeeping; Reporting: On occasion. and technical assistance and for making behalf of cleaner air. Specifically the Total Burden Hours: 15,846. task force is to provide insights to cost-share and annual rental payments potential local impacts of proposed Title: Horse Protection Regulations. under the program. policy changes. The Task Force will: Summary: The information collection Need and Use of the Information: The 1. Review research on agricultural air certifies and licenses designated information is needed to implement and quality supported financially and qualified persons and horse industry provide program benefits under the technically by any federal agency, organizations. current legislation. Need and Use of the Information: The 2. Base recommendations to the Description of Respondents: Farms; Secretary of Agriculture upon sound information provides the primary means Individuals or households. of detacting ‘‘sore’’ horses and scientific findings after adequate peer Number of Respondents: 272,500. review and taking into account eliminating them from exhibition or Frequency of Responses: Reporting: showing. economic feasibility, On occasion; One-time only. 3. Work to ensure intergovernmental Description of Respondents: Business Total Burden Hours: 34,371. or other for-profit. (Federal, state, and local) cooperation to Emergency Processing of This establish policy for agriculture air Number of Respondents: 650. Submission Has Been Requested by: quality and to avoid duplication, Frequency of Responses: August 23, 1996. 4. To the extent practical, assist any Recordkeeping; Reporting: Quarterly; Larry Roberson, federal agency to correct their erroneous Monthly; Annually. Deputy Departmental Clearance Officer. data with respect to agriculture air Total Burden Hours: 7,195. [FR Doc. 96–21390 Filed 8–21–96; 8:45 am] quality. Agricultural Marketing Service BILLING CODE 3410±01±M Task Force Membership Title: Irish Potatoes Grown in The Task Force will be made up of Colorado—Marketing Order 948. Natural Resources Conservation United States citizens. The Task Force Summary: Marketing Order was Service will be composed of: designed to permit regulation of certain 1. Individuals with expertise in agricultural commodities for the Notice of Request for Nominations for agricultural air quality and/or purpose of providing orderly marketing the Task Force on Agricultural Air agricultural production. conditions in interstate commerce and Quality 2. Individuals representing regional improving returns to growers. concerns. Need and Use of the Information: The SUMMARY: The Secretary of Agriculture 3. Representatives of institutions with information is used for program is requesting nominations for qualified expertise in agricultural air quality compliance. persons to serve as members of the Task impacts on human health. Description of Respondents: Business Force on Agricultural Air Quality. 4. Five representatives from or other for-profit; Farms. DATES: Nominations must be received in commodity groups having expertise in Number of Respondents: 592. writing or reaffirmed (see production agriculture. Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43331

5. Six representatives from state or NATIONAL FOUNDATION ON THE report on the American Canvas local agencies having expertise in ARTS AND THE HUMANITIES meetings. Year end updates will be agriculture and air quality. presented by the Deputy Chairman for National Endowment for the Arts; Arts 6. An atmospheric scientist. Grants and Partnership, the Deputy in Education Advisory Panel Chairman for Management and Budget, Task Force nominations must be in and the Director of Policy, Research and writing and provide the the appropriate Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L Technology. background documents required by If, in the course of discussion, it USDA policy. Forms are available from 92–463), as amended, notice is hereby given that a meeting of the Arts in becomes necessary for the Council to the above contact. Previous nominations Education Advisory Panel (ArtsEdge discuss non-public commercial or should consider the desirability of Section) to the National Council on the financial information of intrinsic value, updating their nominations and must Arts will meet on August 23, 1996 from the Council will go into closed session provide the required background 3:00 p.m. to 4:00 p.m. The panel will pursuant to subsection (c)(4) of the disclosures (AD–755) to reaffirm their meet in Room M–07, at the Nancy Government in the Sunshine Act, 5 candidacy. Service as a member of the Hanks Center, 1100 Pennsylvania U.S.C. 552b. Additionally, discussion Task Force shall not constitute Avenue, NW, Washington, DC 20506. concerning purely personal information employment by, or the holding of an This meeting is for the purpose of about individuals, submitted with grant office of the United States for the application evaluation, under the applications, such as personal purpose of any Federal law. National Foundation on the Arts and the biographical and salary data or medical information, may be conducted by the A Task Force member will serve for Humanities Act of 1965, as amended, including discussion of information Council in closed session in accordance a term of 2 years, except that members with subsection (c)(6) of 5 U.S.C. 552b. appointed to the initial Task Force shall given in confidence to the Agency by grant applicants. In accordance with the Any interested party may attend, as serve, proportionally for terms of 1 and observers, Council discussions and 2 years, as determined by the Chief of determination of the Chairman of June 22, 1995, these sessions will be closed reviews which are open to the public. If NRCS. No individual may serve more you need special accommodations due than 2 consecutive 2-year terms as a to the public pursuant to subsections (c)(4), (6) of section 552b of Title 5, to a disability, please contact the Office member of the Task Force. A member of United States Code. of AccessAbility, National Endowment the Task Force shall receive no Further information with reference to for the Arts, 1100 Pennsylvania Avenue, compensation from the NRCS for the this meeting can be obtained from Ms. NW., Washington, DC 20506, 202/682– service as a member of the Task Force Kathy Plowitz-Worden, Panel 5532, TTY–TDD 202/682–5429, at least except as described below. Coordinator, National Endowment for seven (7) days prior to the meeting. While away from home or regular the Arts, Washington, DC 20506, or call Further information with reference to place of business of a member of the (202) 682–5691. this meeting can be obtained from the Office of Communications, National Task Force, the member will be eligible Dated: August 14, 1996. for travel expenses paid by the NRCS, Endowment for the Arts, Washington, Kathy Plowitz-Worden, DC 20506, at 202/682–5570. including per diem in lieu of Panel Coordinator, National Endowment for subsistence, at the same rate as a person the Arts. Dated: August 15, 1996. employed intermittently in the [FR Doc. 96–21395 Filed 8–21–96; 8:45 am] Kathy Plowitz-Worden, government service is allowed under BILLING CODE 7537±01±M Panel Coordinator, Office of Guidelines and section 5703 of title 5, United States Panel Operations. code. [FR Doc. 96–21396 Filed 8–21–96; 8:45 am] National Endowment for the Arts; BILLING CODE 7537±01±M Submitting Nominations National Council on the Arts 128th Nominations should be typed and Meeting Combined Arts Advisory Meeting should include the following: Pursuant to section 10(a)(2) of the 1. A brief summary of no more than Federal Advisory Committee Act (Public Pursuant to Section 10(a)(2) of the two pages explaining the nominee’s Law 92–463), as amended, notice is Federal Advisory Committee Act (Public suitability to serve on the Agricultural hereby given that a meeting of the Law 92–463), as amended, notice is Air Quality Task Force. National Council on the Arts will be hereby given that a meeting of the held on September 6, 1996 from 9:15 Combined Arts Advisory Panel 2. Resume. a.m. to 4:30 p.m., in Room M–09 at the (Heritage & Preservation Section) to the 3. A completed copy of form AD–755. Nancy Hanks Center, 1100 Pennsylvania National Council on the Arts will be 4. Send nominations to the address Avenue, NW., Washington, DC 20506. held on September 9–12, 1996. The listed earlier in this section. This meeting will be open to the meeting will be held from 9:00 a.m. to public. The swearing in and 6:00 p.m. on September 9; from 9:00 5. Nominations are due post marked introduction of new council members a.m. to 7:00 p.m. on September 10; from no later than 30 days after the date of will take place at the opening of the 9:00 a.m. to 5:00 p.m. on September 11; this announcement. meeting, followed by an address by and from 9:00 a.m. to 4:00 p.m. on Richard L. Duesterhaus, Attorney General, Janet Reno. Other September 12. This meeting will be held Deputy Chief, Soil Science and Resource topics of discussion will include a in Room 716, at the Nancy Hanks Assessment. Congressional Update, the FY 98 Center, 1100 Pennsylvania Avenue, [FR Doc. 96–21467 Filed 8–21–96; 8:45 am] Budget, and the Council Letter NW., Washington, DC 20506. BILLING CODE 3410±16±P Committee Report. The Division A portion of this meeting will be open Coordinators will present an overview to the public from 2:00 p.m. to 4:00 p.m. of the applications, which will be on September 12 for a discussion of followed by application review and a guidelines and policy related issues. 43332 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

The remaining portions of this Dated: August 16, 1996. applicable to sensors and meeting from 9:00 a.m. to 6:00 p.m. on Kathy Plowitz-Worden, instrumentation equipment and September 9; from 9:00 a.m. to 7:00 p.m. Panel Coordinator, National Endowment for technology. on September 10; from 9:00 a.m. to 5:00 the Arts. Agenda p.m. on September 11; and from 9:00 [FR Doc. 96–21394 Filed 8–21–96; 8:45 am] a.m. to 2:00 p.m. on September 12 are BILLING CODE 7537±01±M General Session for the purpose of Panel review, 1. Opening remarks by the Chairman. discussion, evaluation, and 2. Discussion of Export recommendation on applications for COMMISSION ON CIVIL RIGHTS Administration Regulations reform. financial assistance under the National 3. Presentation on Foreign Policy Foundation on the Arts and the Agenda and Notice of Public Meeting Report. Humanities Act of 1965, as amended, of the Texas Advisory Committee 4. Update on licensing processing including information given in Notice is hereby given, pursuant to Executive Order. confidence to the agency by grant 5. Update on the Nuclear Suppliers applicants. In accordance with the the provisions of the rules and regulations of the U.S. Commission on Group. determination of the Chairman of June 6. Update on the Missile Technology 22, 1995, these sessions will be closed Civil Rights, that a meeting of the Texas Advisory Committee to the Commission Control Regime. to the public pursuant to subsection (c) 7. Presentation on The Wassenaar will convene at 1 p.m. and adjourn at (4), (6) and (9)(B) of section 552b of Title Arrangement. 4 p.m. on Friday, September 20, 1996, 5, United States Code. 8. Report on the status of the Export at the Crown Plaza St. Anthony Hotel, Further information with reference to Administration Act. this meeting can be obtained from Ms. 300 East Travis Street, San Antonio, 9. Presentation of papers or comments Kathy Plowitz-Worden, Panel Texas 78205. The purpose of the by the public. Coordinator, National Endowment for meeting is to discuss civil rights issues the Arts, Washington, DC 20506, or call and plan project activity for the coming Executive Session (202) 682–5691. year. 10. Discussion of matters properly Persons desiring additional Dated: August 16, 1996. classified under Executive Order 12958, information, or planning a presentation dealing with the U.S. export control Kathy Plowitz-Worden, to the Committee, should contact Panel Coordinator, National Endowment for program and strategic criteria related Committee Chairperson Adolfo Canales, thereto. the Arts. 214–653–6779 or Philip Montez, [FR Doc. 96–21397 Filed 8–21–96; 8:45 am] The General Session of the meeting Director of the Western Regional Office, will be open to the public and a limited BILLING CODE 7537±01±M 213–894–3437 (TDD 213–894–3435). number of seats will be available. To the Hearing-impaired persons who will extent that time permits, members of the attend the meeting and require the National Endowment for the Arts; public may present oral statements to services of a sign language interpreter Leadership Initiatives Advisory the Committee. Written statements may should contact the Regional Office at Meeting be submitted at any time before or after least five (5) working days before the the meeting. However, to facilitate Pursuant to Section 10(a)(2) of the scheduled date of the meeting. distribution of public presentation Federal Advisory Committee Act (Public The meeting will be conducted materials to the Committee members, Law 92–463), as amended, notice is pursuant to the provisions of the rules the Committee suggests that presenters hereby given that a meeting of the and regulations of the Commission. forward the public presentation Leadership Initiatives Advisory Panel Dated at Washington, DC, August 14, 1996. materials two weeks prior to the (Millenium Section) to the National Carol-Lee Hurley, meeting date to the following address: Council on the Arts will be held on Chief, Regional Programs Coordination Unit. August 22, from 3:30 p.m. to 5:00 p.m. Ms. Lee Ann Carpenter, OAS/EA/BXA— [FR Doc. 96–21420 Filed 8–21–96; 8:45 am] This meeting will be held in Room 716, Room 3886C, U.S. Department of Commerce, Washington, D.C. 20230. at the Nancy Hanks Center, 1100 BILLING CODE 6335±01±P Pennsylvania Avenue, NW., The Assistant Secretary for Washington, DC 20506. Administration, with the concurrence of This meeting is for the purpose of DEPARTMENT OF COMMERCE the General Counsel, formally application evaluation, under the determined on December 13, 1995, Bureau of Export Administration National Foundation on the Arts and the pursuant to section 10(d) of the Federal Humanities Act of 1965, as amended, Sensors and Instrumentation Advisory Committee Act, as amended, including discussion of information Technical Advisory Committee; Notice that the series of meetings of the given in confidence to the Agency by of Partially Closed Meeting Committee and of any Subcommittees grant applicants. thereof, dealing with the classified In accordance with the determination A meeting of the Sensors and materials listed in 5 U.S.C., 552b(c)(1) of the Chairman of June 22, 1995, these Instrumentation Technical Advisory shall be exempt from the provisions sessions will be closed to the public Committee will be held September 20, relating to public meetings found in pursuant to subsections (c)(4), (6) and 1996, 9:00 a.m., in the Herbert C. section 10 (a)(1) and (a)(3), of the 9(B) of section 552b of Title 5, United Hoover Building, Room 1617M–2, 14th Federal Advisory Committee Act. The States Code. Street between Constitution and remaining series of meetings or portions Further information with reference to Pennsylvania Avenues, NW., thereof will be open to the public. this meeting can be obtained from Ms. Washington, DC. The Committee A copy of the Notice of Determination Kathy Plowitz-Worden, Panel advises the Office of the Assistant to close meetings or portions of Coordinator, National Endowment for Secretary for Export Administration meetings of the Committee is available the Arts, Washington, DC 20506, or call with respect to technical questions that for public inspection and copying in the (202) 682–5691. affect the level of export controls Central Reference and Records Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43333

Inspection Facility, Room 6020, U.S. Dated: July 24, 1996. by the U.S. embassy in Indonesia as Department of Commerce, Washington, Jeffrey P. Bialos, possible exporters of the subject DC 20230. For further information or Principal Deputy Assistant Secretary for merchandise: P.T. Multi Raya Indah copies of the minutes, contact Lee Ann Import Administration. Abadi (‘‘Multiraya’’), P.T. Meiwa Carpenter on (202) 482–2583. [FR Doc. 96–21462 Filed 8–21–96; 8:45 am] Indonesia (‘‘Meiwa’’), P.T. Mayer Dated: August 16, 1996. BILLING CODE 3510±DS±M Crocodile, and P.T. Impack Pratama. The questionnaire is divided into four Lee Ann Carpenter, sections. Section A requests general Director, Technical Advisory Committee Unit. [A±560±801] information concerning a company’s [FR Doc. 96–21355 Filed 8–21–96; 8:45 am] corporate structure and business Notice of Preliminary Determination of BILLING CODE 3510±DT±M practices, the merchandise under Sales at Less Than Fair Value and investigation that it sells, and the sales Postponement of Final Determination: of the merchandise in all of its markets. International Trade Administration Melamine Institutional Dinnerware Sections B and C request home market Products From Indonesia sales listings and U.S. sales listings, [A±557±805] AGENCY: Import Administration, respectively. Section D requests International Trade Administration, information on the cost of production Extruded Rubber Thread From Department of Commerce. (‘‘COP’’) of the foreign like product and Malaysia; Antidumping Duty constructed value (‘‘CV’’) of the subject EFFECTIVE DATE: August 22, 1996. Administrative Review; Extension of merchandise. Time Limits for Antidumping Duty FOR FURTHER INFORMATION CONTACT: On April 24, 1996, Meiwa advised the Administrative Review David J. Goldberger, Everett Kelly, or Department in a fax that it neither Barbara Wojcik-Betancourt, Import produces nor exports the subject AGENCY: Import Administration, Administration, International Trade merchandise. In a letter dated May 23, International Trade Administration, Administration, U.S. Department of 1996, Impack Pratama stated it does not Department of Commerce. Commerce, 14th Street and Constitution manufacture the subject merchandise. Avenue, NW., Washington, DC 20230; Multiraya filed a timely questionnaire ACTION: Notice of extension of time limit telephone: (202) 482–4136, (202) 482– response in this investigation (see for antidumping duty administrative 4194, or (202) 482–0629, respectively. below). P. T. Mayer Crocodile did not review. The Applicable Statute respond to the Department’s questionnaire. SUMMARY: The Department of Commerce Unless otherwise indicated, all On May 30, 1996, petitioner, the (the Department) is extending the time citations to the Tariff Act of 1930, as American Melamine Institutional limits of the preliminary and final amended (‘‘the Act’’) are references to Tableware Association (‘‘AMITA’’), results of the third antidumping duty the provisions effective January 1, 1995, alleged that Multiraya had made sales in administrative review of the the effective date of the amendments the home market at prices that were antidumping duty order on extruded made to the Act by the Uruguay Rounds below COP, pursuant to section 773(b) rubber thread from Malaysia. The Agreements Act (‘‘URAA’’). of the Act. As a result, the Department review covers the period October 1, Preliminary Determination began a COP investigation on June 11, 1994 through September 30, 1995. 1996 (see June 11, 1996, memorandum We preliminarily determine that EFFECTIVE DATE: August 22, 1996. from MIDP team to Gary Taverman, melamine institutional dinnerware Acting Office Director, Office of FOR FURTHER INFORMATION CONTACT: products (‘‘MIDPs’’) from Indonesia are Antidumping Investigations). Laurel LaCivita or Thomas F. Futtner, being, or are likely to be, sold in the On June 6, 1996, the Department Import Administration, International United States at less than fair value postponed the preliminary Trade Administration, U.S. Department (‘‘LTFV’’), as provided in section 733 of determination of this investigation and of Commerce, 14th Street and the Act. The estimated margins of sales the companion investigations on Constitution Avenue, N.W., at LTFV are shown in the ‘‘Suspension melamine dinnerware products from the Washington, D.C. 20230, telephone: of Liquidation’’ section of this notice. People’s Republic of China and Taiwan (202) 482–4740 or (202) 482–3814, Case History until August 14, 1996, in accordance respectively. with section 733(c)(1)(B) of the Act (61 Since the initiation of this SUPPLEMENTARY INFORMATION: Because it FR 30219, June 14, 1996). investigation (Notice of Initiation of Multiraya submitted its questionnaire is not practicable to complete this Antidumping Duty Investigations: review within the original time limit, responses in May and June 1996. We Melamine Institutional Dinnerware issued a supplemental request for the Department is extending the time Products from Indonesia, Taiwan and limits for the preliminary results until information in June and received the the People’s Republic of China (61 FR response to this request in July 1996. November 27, 1996, and the final results 8039, March 1, 1996), the following until 180 days after publication of the Multiraya submitted additional events have occurred: information supplementing its response preliminary results of review, in On March 22, 1996, the United States accordance with section 751(a)(3)(A) of during July 1996. International Trade Commission (‘‘ITC’’) Petitioner filed comments on the Tariff Act of 1930, as amended by issued an affirmative preliminary injury Multiraya’s questionnaire responses in the Uruguay Round Agreements Act. determination in this case (see ITC June, July and August 1996. (See Memorandum to the file dated July Investigation Nos. 731–TA–741, –742, 22, 1996.) and –743). Postponement of Final Determination These extensions are in accordance On April 15, 1996, the Department On August 5, 1996, Multiraya with section 751(a)(3)(A) of the Tariff issued an antidumping duty requested that, pursuant to section Act of 1930, as amended (19 U.S.C. questionnaire to the following 735(a)(2)(A) of the Act, in the event of 1675(a)(3)(A)). companies identified by petitioners or an affirmative preliminary 43334 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices determination in this investigation, the determination for that company on the number of EP sales to select from was Department postpone its final facts available. small. We compared that export price to determination until not later than 135 Section 776(b) of the Act provides the ex-factory normal value used in the days after the publication of the that adverse inferences may be used petition in order to calculate a margin affirmative preliminary determination against a party that has failed to for P. T. Mayer Crocodile. This in the Federal Register. In accordance cooperate by not acting to the best of its methodology is, of course, subject to with 19 CFR 353.20(b), inasmuch as our ability to comply with a request for Multiraya’s verification results. information. The Department has preliminary determination is B. Multiraya affirmative, Multiraya accounts for a determined that, in selecting from significant proportion of exports of the among the facts otherwise available, an To determine whether Multiraya’s subject merchandise, and we are not adverse inference is warranted. sales of the subject merchandise to the aware of the existence of any Section 776(c) of the Act provides that United States were made at less than compelling reasons for denying the where the Department selects from fair value, we compared the export price request, we are granting Multiraya’s among the facts otherwise available and (‘‘EP’’) to the Normal Value (‘‘NV’’), as request and postponing the final relies on ‘‘secondary information,’’ the described in the ‘‘Export Price’’ and determination. Suspension of Department shall, to the extent ‘‘Normal Value’’ sections of this notice. liquidation will be extended practicable, corroborate that information In accordance with section accordingly. See Preliminary from independent sources reasonably at 777A(d)(1)(A)(i), we compared POI- Determination of Sales at Less Than the Department’s disposal. The wide weighted-average EPs to weighted- Fair Value: Large Newspaper Printing Statement of Administrative Action average NVs. In determining averaging Presses and Components Thereof, accompanying the URAA, H.R. Doc. No. groups for comparison purposes, we Whether Assembled or Unassembled, 316, 103d Cong., 2d Sess. (1994) considered the appropriateness of such from Japan (61 FR 8029, March 1, 1996). (hereinafter, the ‘‘SAA’’), states that the factors as physical characteristics and petition is ‘‘secondary information’’ and level of trade. Scope of Investigation that ‘‘corroborate’’ means to determine (i) Physical Characteristics This investigation covers all items of that the information used has probative In accordance with section 771(16) of dinnerware (e.g., plates, cups, saucers, value. See SAA at 870. the Act, we considered all products bowls, creamers, gravy boats, serving In this proceeding, we considered the covered by the description in the dishes, platters, and trays) that contain petition as the most appropriate ‘‘Scope of Investigation’’ section of this at least 50 percent melamine by weight information on the record to form the notice, above, produced in Indonesia by and have a minimum wall thickness of basis for a dumping calculation for this Multiraya and sold in the home market 0.08 inch. This merchandise is uncoorperative respondent. In during the POI, to be foreign like classifiable under subheadings accordance with section 776(c) of the products for purposes of determining 3924.10.20, 3924.10.30, and 3924.10.50 Act, we attempted to corroborate the data contained in the petition. appropriate product comparisons to of the Harmonized Tariff Schedule of Specifically, the petitioner based both U.S. sales. Where there were no sales of the United States (‘‘HTSUS’’). Excluded the export price and normal value in the identical merchandise in the home from the scope of investigation are petition on Multiraya’s ex-factory prices market to compare to U.S. sales, we flatware products (e.g., knives, forks, for nine-inch plates obtained from a compared U.S. sales to the next most and spoons). market research report. We compared similar foreign like product on the basis Although the HTSUS subheadings are the petitioner’s submitted price data to of the characteristics listed in the provided for convenience and customs actual prices reported in Multiraya’s Department’s antidumping purposes, our written description of the questionnaire response for products of questionnaire. In making the product scope of this investigation is dispositive. the same size and shape. We found the comparisons, we relied on the following Period of Investigation Multiraya normal value data from the criteria (listed in order of preference): market research report to be consistent The period of investigation (‘‘POI’’) is shape type (i.e., flat, e.g., plates, trays, with normal value data in Multiraya’s January 1, 1995, through December 31, saucers, etc.; or container, e.g., bowls, questionnaire response. Thus, we 1995. cups, etc.), specific shape, diameter consider the normal value data in the (where applicable), length (where Fair Value Comparisons petition to have been corroborated and applicable), capacity (where applicable), will therefore utilize such data in our A. P.T. Mayer Crocodile thickness, design (i.e., whether or not a margin calculation for P.T. Mayer design is stamped into the piece), and We did not receive a response to our Crocodile. We did not, however, glazing (i.e., where a design is present, questionnaire from P.T. Mayer consider the export price from the whether or not it is also glazed). See Crocodile. Section 776(a)(2) of the Act petition to be corroborated because the also Model Match Methodology for the provides that if an interested party Multiraya export price data in the Preliminary Determinations withholds information that has been market research report was substantially memorandum from MIDP team to Louis requested by the Department, fails to different that the actual data reported by Apple, Acting Office Director, dated provide such information in a timely Multiraya in its questionnaire response. August 12, 1996. manner and in the form requested, Therefore, we have not used the export significantly impedes a proceeding, or price in the petition. (ii) Level of Trade provides such information but the In selecting from among the facts As set forth in section 773(a)(1)(B)(i) information cannot be verified, the otherwise available with regard to of the Act and in the SAA at 829–831, Department shall use the facts otherwise export price, we have used the lowest to the extent practicable, the available in reaching the applicable ex-factory export price reported by Department will calculate normal values determination. Because P.T. Mayer Multiraya for a nine-inch plate. We based on sales at the same level of trade Crocodile failed to submit the found this information to be sufficiently as the U.S. sales. When the Department information that the Department adverse to effectuate the purpose of the is unable to find sales in the comparison specifically requested, we must base our statute, and we also note that the market at the same level of trade as the Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43335

U.S. sale(s), the Department may where the subject merchandise was sold Multiraya reported that it pays an compare sales in the U.S. and foreign directly to the first unaffiliated excise tax on imported melamine markets at different levels of trade. See, purchaser in the United States prior to powder—a material that Multiraya also, Final Determination of Sales at importation and use of constructed reports is not produced in Indonesia— Less Than Fair Value: Certain Pasta export price (‘‘CEP’’) was not otherwise and then receives a corporate income from Italy (61 FR 30326, June 14, 1996) warranted based on the facts of record. tax credit equal to the amount of the (‘‘Pasta from Italy’’). We have preliminarily rejected excise tax paid on the imported In accordance with section petitioner’s request that CEP be used melamine powder content of the 773(a)(7)(A), if sales at different levels of because we do not find the record to exported subject merchandise. As such, trade are compared, the Department will indicate that the sole U.S. importer and Multiraya claims that this tax credit adjust the normal value to account for Multiraya are affiliated parties. Section constitutes a duty drawback under the difference in level of trade if two 771(33)(G) of the Act provides, inter section 772(c)(1)(B). The information conditions are met. First, there must be alia, that parties will be considered currently on the record supports differences between the actual selling affiliated when one controls the other. A Multiraya’s claim and we have included functions performed by the seller at the person controls another person ‘‘if the this adjustment in our EP calculation. level of trade of the U.S. sale and the person is legally or operationally in a We will, however, examine this claim level of trade of the normal value sale. position to exercise restraint or further at verification. Second, the difference must affect price direction over the other person.’’ The Normal Value comparability as evidenced by a pattern SAA further states that a company may of consistent price differences between be in a position to exercise restraint or Cost of Production Analysis sales at the different levels of trade in direction through, among other things, As noted in the ‘‘Case History’’ the market in which normal value is ‘‘close supplier relationships in which determined. section of this notice above, based on the supplier or buyer becomes reliant the petitioner’s allegations, the In its questionnaire responses, upon the other.’’ Multiraya did not specifically identify Department found reasonable grounds Pursuant to section 771(33) of the Act, levels of trade based on its selling to believe or suspect that Multiraya we reviewed Multiraya’s relationship activities by customer categories within made sales in the home market at prices with its U.S. importer and have each market. In order to independently below the cost of producing the determined, subject to verification, that confirm the absence of separate levels of merchandise. As a result, the petitioner’s claim is unwarranted. The trade within or between the U.S. and Department initiated an investigation to evidence indicates that there is no home markets, we examined Multiraya’s determine whether Multiraya made corporate or familial relationship questionnaire responses for indications home market sales during the POI at that Multiraya’s function as a seller between the two companies. Multiraya prices below the COP within the differed among customer categories. reported in its questionnaire response meaning of section 773(b) of the Act. Pursuant to section 773(a)(1)(B)(i) of the that it negotiated prices with the Before making any fair value Act, and the SAA at 827, in identifying importer, that the importer is free to comparisons, we conducted the COP levels of trade for directly observed (i.e., purchase MIDP from sources other than analysis described below. Multiraya (and has done so), and that not constructed) export price and A. Calculation of COP normal values sales, we considered the Multiraya is free to sell to any customer selling functions reflected in the starting in the United States. Therefore, we have We calculated the COP based on the price, before any adjustments. Where preliminarily determined that Multiraya sum of Multiraya’s reported cost of possible, we further examined whether and the U.S. importer are not affiliated. materials and fabrication for the foreign each selling function was performed on For Multiraya, we calculated EP based like product, plus amounts for home a substantial portion of sales. (See on packed, ex-works, FOB (‘‘free on market general and administrative Notice of Proposed Rulemaking and board’’) port to an unaffiliated customer expenses (‘‘G&A’’) and packing costs in Request for Public Comments, (61 FR in the United States. Where appropriate, accordance with section 773(b)(3) of the 7303, 7348, February 27, 1996)) we made deductions from the starting Act. price (gross unit price) for foreign (‘‘Proposed Regulations’’). B. Test of Home Market Prices Multiraya sold to a single customer in inland freight expenses, which include the U.S. market. In the home market, foreign brokerage and handling. In We used the respondent’s adjusted Multiraya sold only to one category of accordance with section 772(c)(1)(B), we weighted-average COP for the POI. We customer and performed the same added amounts for import duties compared the weighted-average COP selling functions between sales to the imposed on imported materials and figures to home market sales of the home market customers. Thus, our rebated upon export of the subject foreign like product as required under analysis of the questionnaire response merchandise (‘‘duty drawback’’). section 773(b) of the Act, in order to leads us to conclude that sales within Multiraya reported that it did not determine whether these sales had been each market are not made at different borrow in U.S. dollars during the POI. made at below-cost prices within an levels of trade. Accordingly, we In accordance with the Department’s extended period of time in substantial preliminarily find that no level of trade questionnaire instructions and practice quantities, and were not at prices which differences exist between any sales in (see, e.g., Pasta from Italy), Multiraya permit recovery of all costs within a either the home market or the U.S. calculated its reported U.S. imputed reasonable period of time. On a product- market. Therefore, all price comparisons credit expense using the average short- specific basis, we compared the COP to are at the same level of trade and an term interest rate (i.e., ‘‘prime rate’’) in the home market prices, less any adjustment pursuant to section the United States during the POI, as applicable movement charges and direct 773(a)(7)(A) is unwarranted. published by the International Monetary selling expenses. We did not deduct Fund in International Financial indirect selling expenses from the home Export Price Statistics, for purposes of making market price because these expenses We calculated EP, in accordance with circumstance of sale adjustment for this were included in the G&A portion of subsections 772 (a) and (c) of the Act, expense. COP. 43336 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

C. Results of COP Test the merchandise in accordance with currency is appreciating against the U.S. In determining whether to disregard section 773(a)(6)(C)(ii) of the Act. Where dollar. The use of an adjustment period home-market sales made at prices below the difference in merchandise was not warranted in this case because COP, we examine (1) whether, within an adjustment for every comparison the Indonesian rupiah did not undergo extended period of time, such sales product exceeded 20 percent, we based a sustained movement, nor were there NV on CV. In addition, in accordance were made in substantial quantities and currency fluctuations during the POI. with section 773(a)(6)(B), we deducted (2) whether such sales were made at home market packing costs and added Verification prices which permitted the recovery of U.S. packing costs. As provided in section 782(i) of the all costs within a reasonable period of Act, we will verify all information time in the normal course of trade. Price to CV Comparisons determined to be acceptable for use in Where less than 20 percent (by quantity) Where we compared CV to export making our final determination. of a respondent’s sales of a given prices, we deducted from CV the product were at prices less than the weighted-average home market direct Suspension of Liquidation COP, we do not disregard any below- selling expenses and added the In accordance with section 733(d) of cost sales of that product. Where 20 weighted-average U.S. product-specific the Act, we are directing the Customs percent (by quantity) or more of a direct selling expenses (where Service to suspend liquidation of all respondent’s sales of a given product appropriate) in accordance with section imports of subject merchandise that are during the POI were at prices less than 773(a)(8) of the Act. entered, or withdrawn from warehouse, the COP, we determine such sales to Currency Conversion for consumption on or after the date of have been made in substantial publication of this notice in the Federal quantities within an extended period; We made currency conversions into Register. We will instruct the Customs where we determine that such sales U.S. dollars based on the official Service to require a cash deposit or the were also not made at prices that permit exchange rates in effect on the dates of posting of a bond equal to the weighted- recovery of cost within a reasonable the U.S. sales as certified by the Federal average amount by which the NV period, we disregard the below-cost Reserve Bank. exceeds the export price, as indicated in sales. Section 773A(a) of the Act directs the the chart below. These suspension of In this case, we found that some Department to convert foreign liquidation instructions will remain in products had no above-cost sales currencies based on the dollar exchange effect until further notice. available for matching purposes. rate in effect on the date of sale of the Accordingly, export prices that would subject merchandise, except if it is Weighted- established that a currency transaction have been compared to home market Exporter/manufacturer average prices for these models were instead on forward markets is directly linked to margin compared to CV. an export sale. When a company percentage demonstrates that a sale on forward D. Calculation of CV P. T. Mayer Crocodile ...... 12.90 markets is directly linked to a particular P. T. Multi Raya Indah Abadi ..... 5.24 In accordance with section 773(e)(1) export sale in order to minimize its All others ...... 5.24 of the Act, we calculated CV based on exposure to exchange rate losses, the the sum of Multiraya’s cost of materials, Department will use the rate of Pursuant to section 733(d)(1)(A) and fabrication, selling, general, and exchange in the forward currency sale section 735(c)(5) of the Act, the administrative expenses (‘‘SG&A’’), and agreement. Department has not included zero and profit, plus U.S. packing costs as Section 773A(a) also directs the de minimis weighted-average dumping reported in the U.S. sales database. In Department to use a daily exchange rate margins and margins determined accordance with section 773(e)(2)(A) of in order to convert foreign currencies entirely under section 776 of the Act, in the Act, we based SG&A and profit on into U.S. dollars unless the daily rate the calculation of the ‘‘all others’’ the amounts incurred and realized by involves a fluctuation. It is the deposit rate. the respondent in connection with the Department’s practice to find that a production and sale of the foreign like fluctuation exists when the daily ITC Notification product in the ordinary course of trade, exchange rate differs from the In accordance with section 733(f) of for consumption in the foreign country. benchmark rate by 2.25 percent. The the Act, we have notified the ITC of our We calculated Multiraya’s CV based on benchmark is defined as the moving determination. If our final the methodology described above for the average of rates for the past 40 business determination is affirmative, the ITC calculation of COP. For selling days. When we determine a fluctuation will determine before the later of 120 expenses, we used the weighted-average exists, we substitute the benchmark rate days after the date of this preliminary home market selling expenses. for the daily rate, in accordance with determination or 45 days after our final established practice. Further, section determination whether these imports Adjustments to Prices 773A(b) directs the Department to allow are materially injuring, or threaten We calculated NV based on packed, a 60-day adjustment period when a material injury to, the U.S. industry. delivered prices to unaffiliated currency has undergone a sustained customers. Where appropriate, we made movement. A sustained movement has Public Comment deductions from the starting price (gross occurred when the weekly average of Case briefs or other written comments unit price) for discounts and inland actual daily rates exceeds the weekly in at least ten copies must be submitted freight. In addition, where appropriate, average of benchmark rates by more to the Assistant Secretary for Import we adjusted for differences in than five percent for eight consecutive Administration no later than November circumstances of sale for imputed credit weeks. (For an explanation of this 13, 1996, and rebuttal briefs, no later expenses, bank charges (U.S. market), method, see Policy Bulletin 96–1: than November 20, 1996. A list of and warranty expenses (home market). Currency Conversions (61 FR 9434, authorities used and an executive We made adjustments, where March 8, 1996)). Such an adjustment summary of issues should accompany appropriate, for physical differences in period is required only when a foreign any briefs submitted to the Department. Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43337

Such summary should be limited to five the provisions effective January 1, 1995, Tar Hong Melamine Xiamen Co. Ltd. pages total, including footnotes. In the effective date of the amendments (hereinafter, ‘‘Tar Hong Xiamen’’) accordance with section 774 of the Act, made to the Act by the Uruguay Rounds Chen Hao (Xiamen) Plastic Industrial Co. Ltd. (hereinafter, ‘‘Chen Hao Xiamen’’), and we will hold a public hearing, if Agreements Act (‘‘URAA’’). Gin Harvest Melamine (Heyuan) Enterprises requested, to afford interested parties an Preliminary Determination Co. Ltd. (hereinafter, Gin Harvest Heyuan). opportunity to comment on arguments raised in case or rebuttal briefs. We preliminarily determine that On April 8, 1996, the Department Tentatively, the hearing will be held on melamine institutional dinnerware received faxes from two of the identified November 26, 1996, at 10:00 a.m. in products (‘‘MIDPs’’) from the People’s companies, Guandong and Xinjian FTC, Room 1414 at the U.S. Department of Republic of China (‘‘PRC’’) are being, or stating that they did not export the Commerce, 14th Street and Constitution are likely to be, sold in the United States subject merchandise to the United Avenue, NW., Washington, DC 20230. at less than fair value (‘‘LTFV’’), as States during the POI. On April 15, 1996, the Department Parties should confirm by telephone the provided in section 733 of the Act. The issued an antidumping questionnaire to time, date, and place of the hearing 48 estimated margins are shown in the the China Chamber and MOFTEC with hours before the scheduled time. ‘‘Suspension of Liquidation’’ section of Interested parties who wish to request this notice. instructions to forward the document to all producers/exporters of the subject a hearing, or to participate if one is Case History requested, must submit a written merchandise and that these companies request to the Assistant Secretary for Since the initiation of this must respond by the due dates. We also Import Administration, U.S. Department investigation (61 FR 8039, March 1, sent courtesy copies of the antidumping of Commerce, Room B–099, within ten 1996) the following events have duty questionnaire to all identified days of the publication of this notice. occurred: companies. The questionnaire is Requests should contain: (1) the party’s On March 22, 1996, the United States divided into four sections. Section A name, address, and telephone number; International Trade Commission (‘‘ITC’’) requests general information concerning (2) the number of participants; and (3) issued an affirmative preliminary injury a company’s corporate structure and a list of the issues to be discussed. Oral determination in this case (see ITC business practices, the merchandise presentations will be limited to issues Investigation Nos. 731–TA–741, –742, under investigation that it sells, and the raised in the briefs. If this investigation and –743). sales of the merchandise in all of its proceeds normally, we will make our On March 8 and 29, 1996, we sent markets. Sections B and C request home final determination by 135 days after the surveys to the PRC’s Ministry of Foreign market sales listings and U.S. sales publication of this notice in the Federal Trade and Economic Cooperation listings, respectively (section B does not Register. (‘‘MOFTEC’’) and to the China Chamber normally apply in antidumping This determination is published of Commerce of Metals, Minerals, and proceedings involving the PRC). Section pursuant to section 733(d) of the Act. Chemicals (‘‘China Chamber’’) D requests information on the factors of requesting the identification of production of the subject merchandise. Dated: August 14, 1996. producers and exporters, and On May 10, 1996, the Department Jeffrey P. Bialos, information on production and sales of requested that interested parties provide Acting Assistant Secretary for Import MIDPs exported to the United States. In information for valuing the factors of Administration. April we received responses from the production and for surrogate country [FR Doc. 96–21463 Filed 8–21–96; 8:45 am] PRC government identifying the selection. We received comments from BILLING CODE 3510±DS±P following exporters as companies who the interested parties in June 1996. sold the subject merchandise during the On June 6, 1996, the Department postponed the preliminary [A±570±844] period of investigation (‘‘POI’’). determination of this investigation and Shenzhen Baon District Foreign Economic the companion investigations from Notice of Preliminary Determination of Development Corp. Sales at Less Than Fair Value and Shenzhen Longang District Foreign Economic Indonesia and Taiwan until August 14, Postponement of Final Determination: Service Corp. 1996, in accordance with section Melamine Institutional Dinnerware Guandong Light Industrial Products Import & 733(c)(1)(B) of the Act (61 FR 30219, Products From the People's Republic Export Corp. (hereinafter, ‘‘Guandong’’) June 14, 1996). of China Xinjian Foreign Trade Corp. (hereinafter, In May and June 1996, the five ‘‘Xinjian FTC’’) participating respondents—Chen Hao AGENCY: Import Administration, Shanghai Foreign Corp. Xiamen, Sam Choan, Dongguan, Tar International Trade Administration, Sam Choan Plastic Co. Ltd. (hereinafter, Hong Xiamen, and Gin Harvest— Department of Commerce. ‘‘Sam Choan’’) submitted questionnaire responses. We Nian Jing Koto Melamine Products Company EFFECTIVE DATE: August 22, 1996. Ltd. issued supplemental questionnaires to FOR FURTHER INFORMATION CONTACT: Zhejiang Melamine Dinnerware Company these companies on June 26, 1996, and Barbara Wojcik-Betancourt, Everett Ltd. we received responses in July 1996. We Kelly, David J. Goldberger, Import Hui Zhou Ziao Cheng Plastic Products Co. did not receive any information from Administration, International Trade Ltd. the other thirteen identified companies. Administration, U.S. Department of Shang Hai Jia Da Plastic Products Co. Ltd. On May 29, 1996, petitioner, the Commerce, 14th Street and Constitution Dongguan Wan Chao Melamine Products Co., American Melamine Institutional Avenue, NW., Washington, DC 20230; Ltd. Tableware Association (‘‘AMITA’’), Shin Lung Melamine Guangzhou Co., Ltd. telephone: (202) 482–0629, (202) 482– requested that the Department consider Dong Guan Hotai Plastic Products Company whether the special rule for certain 4194, or (202) 482–4136, respectively. Ltd. multinational corporations (‘‘MNC’’) set The Applicable Statute Ji Nan Fortune Long Melamine Products Co. Ltd. forth in section 773(d) of the Act should Unless otherwise indicated, all Kunshan Ever Unison Melamine Products be applied in this investigation. citations to the Tariff Act of 1930, as Co. Ltd. Petitioner suggested that this provision amended (‘‘the Act’’) are references to Guang Dong Guan Living Products Co. Ltd. should be applied with respect to Chen 43338 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

Hao Xiamen (for further discussion, see the Act, we will continue to treat the To establish whether a firm is the ‘‘Normal Value’’ section of this PRC as an NME in this investigation. sufficiently independent from notice, below). When the Department is investigating government control to be entitled to a separate rate, the Department analyzes Postponement of Final Determination imports from an NME, section 773(c)(1) of the Act directs us to base normal each exporting entity under a test On August 5, 1996, all participating value (NV) on the NME producers’ arising out of the Final Determination of respondents requested that, pursuant to factors of production, valued, to the Sales at Less Than Fair Value: Sparklers section 735(a)(2)(A) of the Act, in the extent possible, in a comparable market from the People’s Republic of China 56 event of an affirmative preliminary economy that is a significant producer FR 20588 (May 6, 1991) and amplified determination in this investigation, the of comparable merchandise. The in Silicon Carbide. Under the separate Department postpone its final sources of individual factor prices are rates criteria, the Department assigns determination until not later than 135 discussed under the NV section, below. separate rates in nonmarket economy days after the publication of the cases only if respondents can affirmative preliminary determination Surrogate Country demonstrate the absence of both de jure in the Federal Register. In accordance The Department has determined that and de facto governmental control over with 19 CFR 353.20(b), inasmuch as our India, Nigeria, Pakistan, Sri Lanka, export activities. preliminary determination is Egypt, and Indonesia are countries 1. Absence of De Jure Control affirmative, these respondents account comparable to the PRC in terms of for a significant proportion of exports of overall economic development (see Both Dongguan and Sam Choan have the subject merchandise, and we are not Memorandum from David Mueller, submitted for the record the 1994 aware of the existence of any Director, Office of Policy, to Gary Foreign Trade Law of the PRC, enacted compelling reasons for denying the Taverman, Acting Director, Office of by the State Council of the central request, we are granting respondents’ Antidumping Investigations, dated May government of the PRC, which request and are postponing the final 6, 1996). demonstrates absence of de jure control. determination. According to the available The companies also reported that MIDPs are not included on any list of products Scope of the Investigation information on the record, we have determined that Indonesia is the only that may be subject to central This investigation covers all items of significant producer of MIDPs among government export constraints. dinnerware (e.g., plates, cups, saucers, these six potential surrogate countries. In prior cases, the Department has bowls, creamers, gravy boats, serving Accordingly, we have calculated NV analyzed the provisions of the law that dishes, platters, and trays) that contain using Indonesian prices—except, as the respondents have submitted in this at least 50 percent melamine by weight noted below in the ‘‘Normal Value’’ case and found that they establish an and have a minimum wall thickness of section of this notice, in certain absence of de jure control (see, e.g., 0.08 inch. This merchandise is instances where an input was sourced Bicycles). We have no new information classifiable under subheadings from a market economy—for the PRC in this proceeding which would cause 3924.10.20, 3924.10.30, and 3924.10.50 producers’ factors of production. We us to reconsider this determination. of the Harmonized Tariff Schedule of have obtained and relied upon However, as in previous cases, there the United States (‘‘HTSUS’’). Excluded published, publicly available is some evidence that the PRC central from the scope of investigation are information wherever possible. government enactments have not been flatware products (e.g., knives, forks, Separate Rates implemented uniformly among different and spoons). sectors and/or jurisdictions in the PRC. Although the HTSUS subheadings are Of the five responding exporters in (See Silicon Carbide and Furfuryl provided for convenience and customs this investigation, three—Gin Harvest Alcohol). Therefore, the Department has purposes, our written description of the Heyuan, Tar Hong Xiamen, and Chen determined that an analysis of de facto scope of this investigation is dispositive. Hao Xiamen—reported that (1) they are control is critical in determining wholly foreign-owned and (2) all sales whether respondents are, in fact, subject Period of Investigation to the United States of merchandise to a degree of governmental control The POI for all participating produced by these companies are made which would preclude the Department companies is January 1, 1995, through by the Taiwan parent companies. Thus, from assigning separate rates. December 31, 1995. we consider the Taiwan-based parent to be the respondent exporter in the 2. Absence of De Facto Control Nonmarket Economy Country Status proceeding. No separate separate rates The Department typically considers The Department has treated the PRC analysis is required for these exporters. four factors in evaluating whether each as a nonmarket economy country (See, e.g., Final Determination of Sales respondent is subject to de facto (‘‘NME’’) in all past antidumping at Less Than Fair Value: Disposable governmental control of its export investigations and administrative Pocket Lighters from the People’s functions: (1) Whether the export prices reviews (see, e.g., Final Determination Republic of China (60 FR 22359, 22361 are set by or subject to the approval of of Sales at Less Than Fair Value: Silicon May 5, 1995).) a governmental authority; (2) whether Carbide from the People’s Republic of Dongguan reported that it is a joint the respondent has authority to China 59 FR 22585 (May 2, 1994) venture involving a Hong Kong negotiate and sign contracts and other (Silicon Carbide) and Final company. Sam Choan is wholly foreign agreements; (3) whether the respondent Determination of Sales at Less Than owned but its sales to the United States has autonomy from the government in Fair Value: Furfuryl Alcohol from the are made from its facilities in the PRC. making decisions regarding the People’s Republic of China 60 FR 22544 For these respondents, a separate rates selection of management; and (4) (May 8, 1995) (Furfuryl Alcohol). No analysis is necessary to determine whether the respondent retains the party to the proceeding has challenged whether they are independent from proceeds of its export sales and makes such treatment. Therefore, in government control over their export independent decisions regarding accordance with section 771(18)(C) of activities. disposition of profits or financing of Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43339 losses (see Silicon Carbide and Furfuryl In addition, section 776(b) of the Act memorandum from MIDP team to Louis Alcohol). provides that, if the Department finds Apple, Acting Office Director, dated With respect to Dongguan and Sam that an interested party ‘‘has failed to August 12, 1996. cooperate by not acting to the best of its Choan, each has asserted the following: Export Price and Constructed Export ability to comply with a request for (1) It establishes its own export prices; Price (2) it negotiates contracts, without information,’’ the Department may use guidance from any governmental information that is adverse to the For all responding exporters, when entities or organizations; (3) it makes its interests of that party as the facts the subject merchandise was sold own personnel decisions and there is no otherwise available. The statute also directly to the first unaffiliated central government control over provides that such an adverse inference purchaser in the United States prior to selection of management; and (4) it may be based on secondary information, importation and when constructed retains the proceeds of its export sales, including information drawn from the export price (‘‘CEP’’) methodology was uses profits according to its business petition. not otherwise indicated, we calculated needs and has the authority to sell its The exporters that did not respond in the price of the subject merchandise in assets and to obtain loans. In addition, any form to the Department’s the United States in accordance with respondents’ questionnaire responses questionnaire have not cooperated at all. section 772(a) of the Act. In addition, for indicate company-specific pricing Further, absent a response, we must Tar Hong Xiamen, where sales to the during the POI, which suggests lack of presume government control of these first unaffiliated purchaser took place and all other PRC companies for which coordination among exporters. This after importation into the United States, we cannot make a separate rates information supports a preliminary we based the price in the United States determination. Accordingly, consistent finding that there is a de facto absence on CEP, in accordance with section with section 776(b)(1) of the Act, we of governmental control of export 772(b) of the Act. have applied, as total facts available the We made company-specific functions. highest margin calculated by the adjustments as follows: Consequently, we preliminarily Department for a participating determine that Dongguan and Sam respondent. 1. Chen Hao Xiamen Choan have met the criteria for the We calculated EP based on packed, application of separate rates. We will B. Participating Exporters FOB Xiamen port prices to unaffiliated examine this matter further at To determine whether respondents’ purchasers in the United States. We verification and determine whether the sales of the subject merchandise to the made deductions from the starting price, questionnaire responses are supported United States were made at less than where appropriate, for foreign inland by verifiable documentation. fair value, we compared the EP to the freight and brokerage and handling. NV, as described in the ‘‘Export Price’’ Fair Value Comparisons Because all foreign inland freight and and ‘‘Normal Value’’ sections of this brokerage and handling services were A. Non-Responding Exporters notice. In accordance with section provided by PRC suppliers, we based 777A(d)(1)(A)(i), we compared POI- Because some companies did not the deduction on surrogate values from wide weighted-average EPs to the valued in Indonesia. respond to the questionnaire, we are factors of production. For Chen Hao applying a single antidumping deposit Xiamen, in accordance with section 2. Dongguan rate—the PRC-wide rate—to all 771(16) of the Act, we considered all We calculated EP based on packed, exporters in the PRC (except the five products covered by the description in FOB Hong Kong port or ex-factory port participating exporters) based on our the ‘‘Scope of Investigation’’ section of prices to unaffiliated purchasers in the presumption that the export activities of this notice, above, produced in the United States, as appropriate. We made the companies that failed to respond are comparison market (Taiwan) by Chen deductions from the starting price, controlled by the PRC government. See, Hao and sold in that market during the where appropriate, for the following e.g., Final Determination of Sales at Less POI, to be foreign like products for services which were provided by market Than Fair Value: Bicycles from the purposes of determining appropriate economy suppliers: foreign brokerage People’s Republic of China (61 FR product comparisons to U.S. sales. and handling. We also deducted from 19026, April 30, 1996). Where there were no sales of identical the starting price, where appropriate, an This PRC-wide antidumping rate is merchandise in the home market to amount for foreign inland freight. based on adverse facts available. Section compare to U.S. sales, we compared Because the foreign inland freight 776(a)(2) of the Act provides that ‘‘if an U.S. sales to the next most similar services were provided by PRC interested party or any other person— foreign like product on the basis of the suppliers, we based the deduction on (A) Withholds information that has been characteristics listed in the surrogate values from valued in requested by the administering Department’s antidumping Indonesia. We also deducted, where authority, (B) fails to provide such questionnaire. In making the product appropriate, discounts. information by the deadlines for the comparisons, we relied on the following submission of the information or in the criteria (listed in order of preference): 3. Gin Harvest form and manner requested, subject to shape type (i.e., flat, e.g., plates, trays, We calculated EP based on packed, subsections (c)(1) and (e) of section 782, saucers, etc.; or container, e.g., bowls, ex-factory or FOB Hong Kong port (C) significantly impedes a proceeding cups, etc.), specific shape, diameter prices to unaffiliated purchasers in the under this title, or (D) provides such (where applicable), length (where United States, as appropriate. We made information but the information cannot applicable), capacity (where applicable), deductions from the starting price, be verified as provided in section 782(i), thickness, design (i.e., whether or not a where appropriate, for the following the administering design is stamped into the piece), and services: foreign inland freight and authority * * * shall, subject to glazing (i.e., where a design is present, foreign brokerage and handling section 782(d), use the facts otherwise whether or not it is also glazed). See expenses. However, because these available in reaching the applicable also Model Match Methodology for the movement services were provided by determination under this title.’’ Preliminary Determinations PRC suppliers they were valued in 43340 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

Indonesia. We also deducted discounts sample documents in the questionnaire (concerning viability of the PRC market) (for freight and brokerage charges). responses indicated that each producer has been met, per se, because Chen Hao had paid this tax. In instances where Xiamen, the PRC exporter, did not make 4. Sam Choan inputs were sourced domestically, we any sales at all in the PRC market during We calculated EP based on packed, valued the factors using published the POI. FOB Hong Kong port prices to publicly available information from In addition, the Department requested unaffiliated purchasers in the United Indonesia. Reported unit factor data to determine whether the third States, as appropriate. We made quantities were multiplied by criterion was satisfied in regard to Chen deductions from the starting price, Indonesian values. From the available Hao Xiamen. Hence, in addition to where appropriate, for the following: Indonesian surrogate values we selected calculating NV using the factors of foreign brokerage and handling the surrogate values based on the production methodology described expenses, which were provided by quality and contemporaneity of data. As above, we also calculated NV for market economy carriers and paid for in appropriate, we adjusted input prices to Taiwan-produced merchandise market economy currencies. We also make them delivered prices. For those (affiliated party NV) so that we could deducted an amount for foreign inland values not contemporaneous with the determine whether affiliated party NV freight but since this service was POI, we adjusted for inflation using exceeded PRC NV. provided by a PRC supplier, we valued wholesale price indices published in the In accordance with section 773(d)(3) this expense in Indonesia. International Monetary Fund’s of the Act, we compared the normal International Financial Statistics. For a value calculated according to the factors 5. Tar Hong Xiamen complete analysis of surrogate values, of production methodology, net of We calculated EP and CEP based on see the Valuation Memorandum, dated packing, to the weighted-average packed, FOB PRC port or CIF U.S. port August 14, 1996. We then added Taiwan price for the most similar prices to unaffiliated purchasers in the amounts for overhead, general expenses, product, adjusting for the difference United States. We made deductions interest and profit, based on the between the PRC cost of production as from the starting price, where experience of an MIDP producer in valued by the factors of production appropriate, for discounts, foreign Indonesia, as well as for packing methodology, and the Taiwan cost of inland freight, foreign brokerage and expenses incident to placing the production. We defined cost of handling, ocean freight, marine merchandise in condition packed and production as the sum of direct insurance, U.S. duty, and U.S. ready for shipment to the United States. materials, direct labor, and fixed and variable overhead. In order to determine movement expenses. For CEP sales, we B. Multinational Rule made additional deductions for indirect the most similar Taiwan product to the selling expenses, inventory carrying As noted above, petitioner has alleged PRC-produced product, we made expenses, commissions, and imputed that section 773(d) of the Act, the product comparisons based on shape credit expenses, and commissions special rule for multinational type (flat or container), specific shape, incurred in the United States. We added corporations, should be applied to Chen diameter, length, capacity, thickness, an amount for CEP profit by applying Hao Xiamen. The company did not weight, design, and glazing. However, the surrogate value profit rate to the sum respond to petitioner’s allegation. we did not compare products where the of selling expenses incurred in the U.S. The plain meaning of the MNC COM of the Taiwan product exceeded As foreign inland freight and foreign provision is that it applies, without that of the PRC product by more than 20 brokerage and handling expenses were exception, whenever, in any percent as a percentage of the COM of incurred in the PRC, the expenses for investigation under Title VII, the the PRC product. We deducted Taiwan statutory criteria are met—regardless of these services were based on surrogate movement expenses in order to arrive at whether the case involves a market or values. Because all other movement a net price equivalent to the PRC factors nonmarket economy. In addition, the expenses were incurred by market- of production normal value. history of the provision does not make In addition, as a cost of production economy service providers and paid in any reference to general limitations on investigation has been initiated on market economy currencies, we based its applicability. Also, the specificity of Taiwan sales in the companion our deductions on the actual amounts the MNC rule indicates that, when its proceeding covering Melamine reported. prerequisites have been satisfied, it Institutional Dinnerware Products from Normal Value controls the determination of normal Taiwan (‘‘MIDPs from Taiwan’’) value. See August 6, 1996, investigation, we compared Taiwan A. Factors of Production Memorandum from Jeffrey Bialos to prices to the Taiwan cost of production, In accordance with section 773(c) of Robert LaRussa Re: Use of Taiwanese according to the methodology discussed the Act, where appropriate, we Affiliate’s Price/Cost Data for further in our concurrent preliminary calculated NV based on factors of discussion. Accordingly, the determination of MIDPs from Taiwan. production reported by the responding Department would appear to be Where Taiwan prices were below COP, exporters. Where an input was sourced obligated by law to examine whether the we compared the factors of production from a market economy and paid for in MNC criteria are satisfied and apply the in the PRC to COP in Taiwan. market economy currency, we used the MNC rule where such statutory criteria We found the affiliated party NV actual price paid for the input to are met. (price or COP, as appropriate) exceeded calculate the factors-based NV in For Chen Hao Xiamen, we have the PRC NV for a substantial majority of accordance with our practice. See Lasko preliminarily determined that the record the sales based both on the number and Metal Products v. United States, 437 F. evidence supports a finding that the first quantity of sales involved. Therefore, in 3d 1442, 1443 (Fed. Cir. 1994) criterion of the MNC provision accordance with section 773(d) of the (‘‘Lasko’’). Where appropriate, we (ownership of the production facilities statute, we determined that affiliated adjusted the reported market-economy in the exporting country by an entity party NVs should be used to calculate prices for certain inputs to include an with production facilities located in the dumping margin for Chen Hao amount for a tax that the companies had another country) has been met. The Xiamen. We added to NV an amount for not included in the reported unit prices; second criterion of the MNC provision packing for shipment to the United Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43341

States, based on the PRC factors of including footnotes. We will hold a made to the Act by the Uruguay Round production, as valued in a surrogate public hearing, if requested, to afford Agreements Act (‘‘URAA’’). country, in accordance with section interested parties an opportunity to Preliminary Determination 773(d)(3) of the Act. comment on arguments raised in case or rebuttal briefs. At this time, the hearing We preliminarily determine that Verification is scheduled for December 6, 1996, at melamine institutional dinnerware As provided in section 782(i) of the 10:00 a.m. in Room 1412 at the U.S. products (‘‘MIDPs’’) from Taiwan are Act, we will verify the information used Department of Commerce, 14th Street being, or are likely to be, sold in the in making our final determination. and Constitution Avenue, NW., United States at less than fair value (‘‘LTFV’’), as provided in section 733 of Suspension of Liquidation Washington, DC 20230. Parties should confirm by telephone the time, date, and the Act. The estimated margins of sales In accordance with section 733(d) of place of the hearing 48 hours before the at LTFV are shown in the ‘‘Suspension the Act, we are directing the Customs scheduled time. of Liquidation’’ section of this notice. Service to suspend liquidation of all Interested parties who wish to request Case History entries of MIDPs from the PRC—except a hearing, or to participate if one is those exported by Dongguan, Gin requested, must submit a written Since the initiation of this Harvest, Sam Choan, and Tar-Hong request to the Assistant Secretary for investigation (Notice of Initiation of Xiamen—that are entered, or withdrawn Import Administration, U.S. Department Antidumping Duty Investigations: from warehouse, for consumption on or of Commerce, Room B–099, within ten Melamine Institutional Dinnerware after the date of publication of this days of the publication of this notice. Products from Indonesia, Taiwan and notice in the Federal Register. The Requests should contain: (1) The party’s the People’s Republic of China (61 FR Customs Service will require a cash name, address, and telephone number; 8039, March 1, 1996), the following deposit or posting of a bond equal to the (2) the number of participants; and (3) events have occurred: On March 22, 1996, the United States estimated dumping margins by which a list of the issues to be discussed. In International Trade Commission (‘‘ITC’’) the NV exceeds the EP, as shown below. accordance with 19 CFR 353.38(b) oral issued an affirmative preliminary injury These suspension of liquidation presentations will be limited to issues determination in this case (see ITC instructions will remain in effect until raised in the briefs. If this investigation Investigation Nos. 731–TA–741, –742, further notice. proceeds normally, we will make our and –743). The weighted-average dumping final determination 135 days after margins are as follows: In March 1996, through counsel, the publication of this notice in the Federal Department identified Chen Hao Plastic Register. Industrial Co., Ltd (‘‘Chen Hao Manufacturer/pro- Weighted-average, This determination is published ducer/exporter margin percentage Taiwan’’); Taiwan Melamine Products pursuant to section 733(f) of the Act. Industrial Co., Ltd (‘‘Taiwan Chen Hao Xiamen 10.49 Dated: August 14, 1996. Melamine’’); Yu Cheer Industrial Co., Dongguan ...... 0.43 (de minimis). Jeffrey P. Bialos, Ltd (‘‘Yu Cheer’’); Gin Harvest Gin Harvest ...... 0.29 (de minimis). Acting Assistant Secretary for Import Sam Choan ...... 0.01 (de minimis). Enterprises (‘‘Gin Harvest’’) and Tar Administration. Tar Hong Xiamen .... 0.02 (de minimis). Hong Melamine (‘‘Tar Hong’’) as PRC-Wide Rate ...... 10.49 [FR Doc. 96–21464 Filed 8–21–96; 8:45 am] producers/exporters of the subject BILLING CODE 3510±DS±P merchandise. In addition, Taiwan’s The PRC-Wide rate applies to all Association of Plastic Producers identified to the Department, Gallant entries of subject merchandise except [A±583±825] for entries from exporters/factories that Chemical Corporation (‘‘Gallant’’); Hao are identified individually above. Notice of Preliminary Determination of Way Enterprise Co., Ltd (‘‘Hao Way’’); Sun Rudder Ind. (‘‘Sun Rudder’’); Win ITC Notification Sales at Less Than Fair Value and Postponement of Final Determination: Great Trading Co., Ltd (‘‘Win Great’’); In accordance with section 733(f) of Melamine Institutional Dinnerware and IKEA Trading Far East Ltd. the Act, we have notified the ITC of our Products From Taiwan (‘‘IKEA’’), as producers/exporters of the determination. If our final subject merchandise. determination is affirmative, the ITC AGENCY: Import Administration, On March 29, 1996, we requested will determine before the later of 120 International Trade Administration, sales information regarding exports of days after the date of this preliminary Department of Commerce. the subject merchandise to the United determination or 45 days after our final EFFECTIVE DATE: August 22, 1996. States from the above-referenced determination whether these imports FOR FURTHER INFORMATION CONTACT: companies. During April and May 1996, are materially injuring, or threaten Everett Kelly, David J. Goldberger, or Hao Way, Win Great, and Sun Rudder material injury to, the U.S. industry. Barbara Wojcik-Betancourt, Import informed the Department that they did not ship the subject merchandise to the Public Comment Administration, International Trade Administration, U.S. Department of United States during the period of In accordance with 19 CFR 353.38, Commerce, 14th Street and Constitution investigation (‘‘POI’’). In addition, in case briefs or other written comments in Avenue, N.W., Washington, D.C. 20230; information submitted in the concurrent at least ten copies must be submitted to telephone: (202) 482–4194, (202) 482– MIDP investigation from the People’s the Assistant Secretary for Import 4136, or (202) 482–0629, respectively. Republic of China, Gin Harvest and Tar Administration no later than November Hong reported that they made no sales 26, 1996, and rebuttal briefs, no later The Applicable Statute of Taiwan-produced MIDP to the United than December 4, 1996. A list of Unless otherwise indicated, all States during the POI. authorities used and a summary of citations to the Tariff Act of 1930, as On April 15, 1996, the Department arguments made in the briefs should amended (‘‘the Act’’) are references to issued an antidumping duty accompany these briefs. Such summary the provisions effective January 1, 1995, questionnaire to the following should be limited to five pages total, the effective date of the amendments companies, as exporters of the subject 43342 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices merchandise: Taiwan Melamine, Chen Yu Cheer and Chen Hao Taiwan Fair Value Comparisons Hao Taiwan, Yu Cheer, IKEA, Gallant, submitted questionnaire responses in A. IKEA and Gallant and Sun Rudder. The questionnaire is May and June 1996. We issued a divided into four sections: Section A supplemental request for information in We did not receive a response to our requests general information concerning June 1996, and received the questionnaire from either IKEA or a company’s corporate structure and supplemental responses to this request Gallant. Section 776(a)(2) of the Act business practices, the merchandise in July 1996, respectively. Chen Hao provides that if an interested party under investigation that it sells, and the Taiwan provided its response to the withholds information that has been sales of the merchandise in all of its COP section of the questionnaire on July requested by the Department, fails to markets. Sections B and C request home 26, 1996. provide such information in a timely market sales listings and U.S. sales manner and in the form requested, Petitioner filed comments on the significantly impedes a proceeding, or listings, respectively. Section D requests Chen Hao Taiwan and Yu Cheer information on the cost of production provides such information but the questionnaire responses in May and July information cannot be verified, the (‘‘COP’’) of the foreign like product and 1996. constructed value (‘‘CV’’) of the subject Department shall use the facts otherwise merchandise. Postponement of Final Determination available in reaching the applicable On May 30, 1996, after responding to determination. Because IKEA and section A of the antidumping On August 5, 1996, Chen Hao Taiwan Gallant failed to submit the information questionnaire, Taiwan Melamine and Yu Cheer requested that, pursuant that the Department specifically requested that the Department exclude to section 735(a)(2)(A) of the Act, in the requested, we must base our it as a mandatory respondent and not event of an affirmative preliminary determinations for those companies on require it to respond to the remainder of determination in this investigation, the the facts available. the questionnaire in this investigation Department postpone its final Section 776(b) of the Act provides based on its small volume of exports of determination until not later than 135 that adverse inferences may be used the subject merchandise to the United days after the publication of the against a party that has failed to States during the POI. On June 3, 1996, affirmative preliminary determination cooperate by not acting to the best of its petitioner stated that, based on the small in the Federal Register. In accordance ability to comply with a request for volume of exports and its desire for an with 19 U.S.C. 1673d(a)(2) and 19 CFR information. The Department has expeditious determination, it had no 353.20(b), inasmuch as our preliminary determined that, in selecting from objection to Taiwan Melamine’s request. determination is affirmative, the among the facts otherwise available, an Accordingly, on June 7, 1996, the respondents account for a significant adverse inference is warranted. Department excluded Taiwan Melamine proportion of exports of the subject Section 776(c) of the Act provides that as a mandatory respondent and excused merchandise, and we are not aware of where the Department selects from it from completing the antidumping the existence of any compelling reasons among the facts otherwise available and questionnaire. for denying the request, we are granting relies on ‘‘secondary information,’’ the On May 31, and June 12, 1996, IKEA the respondents’ request and postponing Department shall, to the extent requested that the Department exclude the final determination. Suspension of practicable, corroborate that information it as a mandatory respondent in this liquidation will be extended from independent sources reasonably at investigation and excuse it from the accordingly. See Preliminary the Department’s disposal. The obligation to respond to the Determination of Sales at Less Than Statement of Administrative Action questionnaire because it had shipped Fair Value: Large Newspaper Printing accompanying the URAA, H.R. Doc. No. only a small volume of Taiwan- Presses and Components Thereof, 316, 103d Cong., 2d Sess. (1994) produced MIDPs to the United States Whether Assembled or Unassembled, (hereinafter, the ‘‘SAA’’), states that the during the POI. IKEA’s request came from Japan (61 FR 8029, March 1, 1996). petition is ‘‘secondary information’’ and after IKEA had already missed the that ‘‘corroborate’’ means to determine deadline for responding to section A of Scope of Investigation that the information used has probative the antidumping questionnaire. Further, This investigation covers all items of value. See SAA at 870. petitioner did not indicate that it had no dinnerware (e.g., plates, cups, saucers, In this proceeding, we considered the objection to IKEA’s request. bowls, creamers, gravy boats, serving petition as the most appropriate Accordingly, the Department has not dishes, platters, and trays) that contain information on the record to form the granted IKEA’s request. at least 50 percent melamine by weight basis for a dumping calculation for these On June 6, 1996, the Department and have a minimum wall thickness of uncooperative respondents. In postponed the preliminary 0.08 inch. This merchandise is accordance with section 776(c) of the determination of this investigation and classifiable under subheadings Act, we sought to corroborate the data the companion investigations on MIDPs 3924.10.20, 3924.10.30, and 3924.10.50 contained in the petition. from the People’s Republic of China and of the Harmonized Tariff Schedule of The petitioner based its allegation of Indonesia until August 14, 1996, in the United States (HTSUS). Excluded both normal value and export price in accordance with section 733(c)(1)(B) of from the scope of investigation are the petition on a market research report the Act (61 FR 30219, June 14, 1996). flatware products (e.g., knives, forks, which utilized price quotations from a Based on a timely allegation by the and spoons). manufacturer/exporter of MIDPs in petitioner, the American Melamine Taiwan. The petitioner also submitted a Institutional Tableware Association Although the HTSUS subheadings are published price list of comparable (‘‘AMITA’’), the Department began an provided for convenience and customs merchandise sold during the POI in investigation into whether Chen Hao purposes, our written description of the Taiwan. The Department has Taiwan had made sales in the home scope of this investigation is dispositive. determined that the price list market at prices that were below COP, Period of Investigation corroborates normal value used in the pursuant to section 773(b) of the Act petition. (see July 11, 1996, Memorandum from The POI is January 1, 1995, through The export price in the petition is MIDP Team to Louis Apple). December 31, 1995. consistent with export prices reported Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43343 by responding companies on the record markets at different levels of trade. See Chen Hao Taiwan of this investigation. Therefore, we also Final Determination of Sales at Less We calculated EP based on packed, determine that further corroboration of Than Fair Value: Certain Pasta from ex-works, FOB port, and delivered the facts available margin is Italy (61 FR 30326, June 14, 1996) prices to unaffiliated customers in the unnecessary. (‘‘Pasta from Italy’’). See, also, Final United States. Where appropriate, we B. Chen Hao Taiwan and Yu Cheer Determination of Sales at Less Than made deductions from the starting price Fair Value: Certain Pasta from Italy (61 To determine whether sales of the (gross unit price) for foreign inland FR 30326, June 14, 1996) (‘‘Pasta from freight and Taiwan brokerage and subject merchandise by Chen Hao Italy’’). Taiwan and Yu Cheer to the United handling. We also deducted reported In accordance with section discounts. States were made at less than fair value, 773(a)(7)(A), if sales at different levels of we compared the Export Price (‘‘EP’’) to trade are compared, the Department will Yu Cheer the Normal Value (‘‘NV’’), as described adjust the normal value to account for We calculated EP based on packed, in the ‘‘Export Price’’ and ‘‘Normal the difference in level of trade if two FOR customer’s warehouse prices to Value’’ sections of this notice. In conditions are met. First, there must be unaffiliated customers in the United accordance with section differences between the actual selling States. Where appropriate, we made 777A(d)(1)(A)(i), we compared POI- functions performed by the seller at the deductions from the starting price (gross wide weighted-average EPs to weighted- level of trade of the U.S. sale and the unit price) for foreign inland freight. average NVs. In determining averaging level of trade of the normal value sale. groups for comparison purposes, we Second, the difference must affect price Normal Value considered the appropriateness of such comparability as evidenced by a pattern Cost of Production Analysis factors as physical characteristics and of consistent price differences between As noted in the ‘‘Case History’’ level of trade. sales at the different levels of trade in section above, based on the petitioner’s (i) Physical Characteristics the market in which normal value is allegation, on July 11, 1996, the determined. In accordance with section 771(16) of Department found reasonable grounds the Act, we considered all products Pursuant to section 773(a)(1)(B)(i) of to believe or suspect that Chen Hao covered by the description in the Scope the Act, and the SAA at 827, in Taiwan sales in the home market were of Investigation section, above, identifying levels of trade for directly made at prices below the cost of produced in Taiwan and sold in the observed (i.e., not constructed) export producing the merchandise. As a result, home market during the POI, to be price and normal values sales, we the Department initiated an foreign like products for purposes of considered the selling functions investigation to determine whether determining appropriate product reflected in the starting price, before any Chen Hao Taiwan made home market comparisons to U.S. sales. Where there adjustments. Where possible, we further sales during the POI at prices below were no sales of identical merchandise examined whether the selling function their respective cost of production in the home market to compare to U.S. was performed on a substantial portion within the meaning of section 773(b) of sales, we compared U.S. sales to the of sales. the Act. next most similar foreign like product Chen Hao Taiwan and Yu Cheer Before making any fair value on the basis of the characteristics listed reported that sales within both the home comparisons, we conducted the COP in the Department’s antidumping and U.S. markets involve essentially the analysis described below. questionnaire. In making the product same selling functions. We examined comparisons, we relied on the following the record evidence and confirmed that A. Calculation of COP criteria (listed in order of preference): selling functions in the aggregate are the We calculated the COP based on the shape type (i.e., flat—e.g., plates, trays, same despite customer categories— sum of Chen Hao Taiwan’s cost of saucers etc.; or container—e.g., bowls, trading company and distributor—being materials and fabrication for the foreign cups, etc.), specific shape, diameter somewhat different (see Notice of like product, plus amounts for home (where applicable), length (where Proposed Rulemaking and Request for market general and administrative applicable), capacity (where applicable, Public Comments, 61 FR 7303, 7348 expenses (‘‘G&A’’) and packing costs in thickness, design (i.e., whether or not a (February 27, 1996)) (‘‘Proposed accordance with section 773(b)(3) of the design is stamped into the piece), and Regulations’’). Accordingly, we Act. preliminarily find that no level of trade glazing (i.e., where a design is present, B. Test of Home Market Prices whether or not it is also glazed). See differences exist for either company also Model Match Methodology for the between any sales in either the home We used Chen Hao Taiwan’s adjusted Preliminary Determinations, market or the U.S. market. Therefore, all weighted-average COP for the POI. We memorandum from MIDP team to Louis price comparisons are at the same level compared the weighted-average COP Apple, Acting Office Director, dated of trade and an adjustment pursuant to figures to home market sales of the August 12, 1996. section 773(a)(7)(A) is unwarranted. foreign like product as required under section 773(b) of the Act in order to Export Price (ii). Level of Trade determine whether these sales had been As set forth in section 773(a)(1)(B)(i) We calculated EP, in accordance with made at below-cost prices within an of the Act and in the SAA at 829–831, subsections 772(a) and (c) of the Act, extended period of time in substantial to the extent practicable, the where the subject merchandise was sold quantities, and were not at prices which Department will calculate normal values directly to the first unaffiliated permit recovery of all costs within a based on sales at the same level of trade purchaser in the United States prior to reasonable period of time. On a model- as the U.S. sales. When the Department importation and where CEP was not specific basis, we compared the COP to is unable to find sales in the comparison otherwise warranted based on the facts the home market prices, less any market at the same level of trade as the of record. applicable movement charges and direct U.S. sale(s), the Department may We made company-specific selling expenses. We did not deduct compare sales in the U.S. and foreign adjustments as follows: indirect selling expenses from the home 43344 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices market price because these expenses freight. In addition, where appropriate, into U.S. dollars unless the daily rate were included in the G&A portion of we adjusted for differences in involves a fluctuation. It is the COP. circumstances of sale for imputed credit Department’s practice to find that a expenses, and royalty expenses (home fluctuation exists when the daily C. Results of COP Test market). exchange rate differs from the In determining whether to disregard benchmark rate by 2.25 percent. The Yu Cheer home-market sales made at prices below benchmark is defined as the moving COP, we examine (1) whether, within an We calculated NV based on packed, average of rates for the past 40 business extended period of time, such sales delivered prices to unaffiliated days. When we determine a fluctuation were made in substantial quantities and customers. Where appropriate, we made to have existed, we substitute the (2) whether such sales were made at deductions from the starting price (gross benchmark rate for the daily rate, in prices which permitted the recovery of unit price) for inland freight. In accordance with established practice. all costs within a reasonable period of addition, where appropriate, we Further, section 773A(b) directs the time in the normal course of trade. adjusted for differences in Department to allow a 60-day Where less than 20 percent (by quantity) circumstances of sale for imputed credit adjustment period when a currency has of a respondent’s sales of a given expenses. Yu Cheer’s sales to the United undergone a sustained movement. A product were at prices less than the States as well as those in the home sustained movement has occurred when COP, we do not disregard any below- market, were made in Taiwan dollars. the weekly average of actual daily rates cost sales of that product. Where 20 Accordingly, Yu Cheer calculated its exceeds the weekly average of percent (by quantity) or more of a credit expenses in both markets by benchmark rates by more than five respondent’s sales of a given product applying the average short term interest percent for eight consecutive weeks. during the POI were at prices less than rates in Taiwan. (For an explanation of this method, see the COP, we determine such sales to For each respondent, we made Policy Bulletin 96–1: Currency have been made in substantial adjustments, where appropriate, for Conversions (61 FR 9434, March 8, quantities within an extended period; physical differences in the merchandise 1996).) Such an adjustment period is where we determine that such sales in accordance with section required only when a foreign currency were also not made at prices that permit 773(a)(6)(C)(ii) of the Act. Where the is appreciating against the U.S. dollar. recovery of cost within a reasonable difference in merchandise adjustment The use of an adjustment period was not period, we disregard the below-cost for every comparison product exceeded warranted in this case because the New sales. 20 percent, we based NV on CV. In Taiwan dollar did not undergo a In this case, we found that some addition, in accordance with section sustained movement, nor were there products had no above-cost sales 773(a)(6)(B), we deducted home market currency fluctuations during the POI. available for matching purposes. packing costs and added U.S. packing Accordingly, export prices that would costs for all respondents. Verification have been compared to home market Price to CV Comparisons As provided in section 782(i) of the prices for these models were instead Act, we will verify all information compared to CV. Where we compared CV to export prices, we deducted from CV the determined to be acceptable for use in D. Calculation of CV weighted-average home market direct making our final determination. In accordance with section 773(e)(1) selling expenses and added the Suspension of Liquidation of the Act, we calculated CV based on weighted-average U.S. product-specific the sum of a respondent’s cost of direct selling expenses (where In accordance with section 733(d) of materials, fabrication, selling, general, appropriate) in accordance with section the Act, we are directing the Customs and administrative expenses (‘‘SG&A’’), 773(a)(8) of the Act. Service to suspend liquidation of all profit and U.S. packing costs as reported imports—with the exception of those Currency Conversion in the U.S. sales databases. In exported by Chen Hao Taiwan, Yu accordance with section 773(e)(2)(A) of We made currency conversions into Cheer, or any other company except the Act, we based SG&A and profit on U.S. dollars based on the official IKEA and Gallant—of subject the amounts incurred and realized by exchange rates in effect on the dates of merchandise that are entered, or the respondent in connection with the the U.S. sales as certified by the Federal withdrawn from warehouse, for production and sale of the foreign like Reserve Bank. consumption on or after the date of product in the ordinary course of trade Section 773A(a) of the Act directs the publication of this notice in the Federal for consumption in the foreign country. Department to convert foreign Register. We will instruct the Customs Where appropriate, we calculated each currencies based on the dollar exchange Service to require a cash deposit or the respondent’s CV based on the rate in effect on the date of sale of the posting of a bond equal to the weighted- methodology described in the subject merchandise, except if it is average amount by which the NV calculation of COP above. established that a currency transaction exceeds the export price, as indicated in on forward markets is directly linked to the chart below. These suspension of Adjustments to Prices an export sale. When a company liquidation instructions will remain in We made company-specific demonstrates that a sale on forward effect until further notice. adjustments to prices used as NV, as markets is directly linked to a particular export sale in order to minimize its follows: Exporter/manufacturer Weighted-average exposure to exchange rate losses, the margin percentage Chen Hao Taiwan Department will use the rate of We calculated NV based on packed, exchange in the forward currency sale Chen Hao Taiwan ...... 1.53 (de minimis). delivered prices to unaffiliated agreement. Yu Cheer ...... 0. customers. Where appropriate, we made Section 773A(a) also directs the IKEA ...... 53.13. Gallant ...... 53.13. deductions from the starting price (gross Department to use a daily exchange rate All Others ...... 1.55 (de minimis). unit price) for discounts and inland in order to convert foreign currencies Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43345

Pursuant to section 733(d)(1)(A) and days of the publication of this notice. Dated: August 19, 1996. section 735(c)(5) of the Act, the Requests should contain: (1) The party’s Samuel Kramer, Department normally may not include name, address, and telephone number; Associate Director. zero and de minimis weighted-average (2) the number of participants; and (3) [FR Doc. 96–21480 Filed 8–21–96; 8:45 am] dumping margins and margins a list of the issues to be discussed. Oral BILLING CODE 3510±13±M determined entirely under section 776 presentations will be limited to issues of the Act, in the calculation of the ‘‘all- raised in the briefs. If this investigation others’’ deposit rate. However, such proceeds normally, we will make our Computer System Security and Privacy rates were the only margins available in final determination by 135 days after the Advisory Board; Meeting this determination. Accordingly, the publication of this notice in the Federal AGENCY: National Institute of Standards Department may, pursuant to section Register. 735(c)(5)(B) of the Act, use ‘‘any and Technology, Commerce. reasonable method’’ to calculate the all- This determination is published ACTION: Notice of meeting. others rate. In this case, the Department pursuant to section 733(d) of the Act. SUMMARY: Pursuant to the Federal calculated the all-others rate by using a Dated: August 14, 1996. Advisory Committee Act, 5 U.S.C. App., weighted average of the rates applicable Jeffrey P. Bialos, to Chen Hao Taiwan, Yu Cheer, and notice is hereby given that the Computer IKEA (Gallant’s deposit rate was not Acting Assistant Secretary for Import System Security and Advisory Board Administration. included in the all-others rate will meet on Wednesday, September 18 calculation because no weighting factor [FR Doc. 96–21465 Filed 8–21–96; 8:45 am] and Thursday, September 19, 1996 from was available and our examination of BILLING CODE 3510±DS±P 9:00 a.m. to 5:00 p.m. The Advisory PIERS import data and other record Board was established by the Computer evidence indicates that Gallant’s Security Act of 1987 (P.L. 100–235) to exports—if any—do not appear to be National Institute of Standards and advise the Secretary of Commerce and significant). See SAA at 873. Technology the Director of NIST on security and privacy issues pertaining to federal ITC Notification [Docket No. 95±015] computer systems. All sessions will be In accordance with section 733(f) of open to the public. the Act, we have notified the ITC of our Notice of Government Owned DATES: The meeting will be held on determination. If our final Inventions Available for Licensing September 18 and 19, 1996 from 9:00 determination is affirmative, the ITC a.m. to 5:00 p.m. will determine before the later of 120 SUMMARY: The inventions listed below ADDRESSES: The meeting will take place days after the date of this preliminary are owned by the U.S. Government, as at the National Institute of Standards determination or 45 days after our final represented by the Department of and Technology, Gaithersburg, determination whether these imports Commerce, and are available for Maryland 20899–0001. are materially injuring, or threaten licensing in accordance with 35 U.S.C. AGENDA: material injury to, the U.S. industry. 207 and 37 CFR Part 404 to achieve —Welcome and Overview Public Comment expeditious commercialization of —Issues Update results of federally funded research and Case briefs or other written comments —Encryption/Key Escrow in at least ten copies must be submitted development. —Privacy/Data Protection to the Assistant Secretary for Import FOR FURTHER INFORMATION CONTACT: —Pending Business Administration no later than November Technical and licensing information on —Public Participation —Agenda development for December 26, 1996, and rebuttal briefs, no later these inventions may be obtained by than December 3, 1996. A list of meeting writing to: Marcia Salkeld, National —Wrap-Up authorities used and an executive Institute of Standards and Technology, PUBLIC PARTICIPATION: The Board agenda summary of issues should accompany Office of Technology Partnerships, will include a period of time, not to any briefs submitted to the Department. Building 820, Room 213, Gaithersburg, exceed thirty minutes, for oral Such summary should be limited to five MD 20899; Fax 301–869–2751. Any comments and questions from the pages total, including footnotes. In request for information should include accordance with section 774 of the Act, public. Each speaker will be limited to the NIST Docket No. and Title for the five minutes. Members of the public we will hold a public hearing, if relevant invention as indicated below. requested, to afford interested parties an who are interested in speaking are asked opportunity to comment on arguments SUPPLEMENTARY INFORMATION: The to contact the Board Secretariat at the raised in case or rebuttal briefs. inventions available for licensing are: telephone number indicated below. In addition, written statements are invited Tentatively, the hearing will be held on Title: Photoinitiators for Free-Radical and may be submitted to the Board at December 5, 1996, at 10:00 a.m. in and Cationic Polymerization. Room 1412 at the U.S. Department of any time. Written statements should be Commerce, 14th Street and Constitution Description: Photoinitiators based on directed to the Computer Systems Avenue, NW., Washington, DC 20230. the interaction of diaryliodonium salts Laboratory, Building 820, Room 426, Parties should confirm by telephone the and acylphosphine oxides activated by National Institute of Standards and time, date, and place of the hearing 48 visible light radiation effectively Technology, Gaithersburg, MD 20899– hours before the scheduled time. polymerize both acrylic and non-acrylic 0001. It would be appreciated if fifteen Interested parties who wish to request monomers so that hybrid monomer copies of written material were a hearing, or to participate if one is systems can be polymerized by submitted for distribution to the Board requested, must submit a written concurrent free-radical and cationic by September 6, 1996. Approximately request to the Assistant Secretary for modes of polymerization. Fabrication of 20 seats will be available for the public Import Administration, U.S. Department improved acrylic resin-based dental and media. of Commerce, Room B–099, within ten materials results. FOR FURTHER INFORMATION CONTACT: 43346 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

Mr. Edward Roback, Board Secretariat, Dated: August 16, 1996. students in average daily attendance in Computer Systems Laboratory, National P. Michael Payne, the schools of that LEA in that fiscal Institute of Standards and Technology, Acting Director, Office of Protected Resources, year are military dependent students Building 820, Room 426, Gaithersburg, National Marine Fisheries Service. counted under subsection 8003(a) of the MD 20899–0001, telephone: (301) 975– [FR Doc. 96–21377 Filed 8–21–96; 8:45 am] Elementary and Secondary Education 3696. BILLING CODE 3510±22±F Act of 1965 (20 U.S.C. 7703(a)); (2) There has been a significant Dated: August 19, 1996. increase, as determined by the Samuel Kramer, DEPARTMENT OF DEFENSE Secretary, in the number of military Associate Director. dependent students in average daily [FR Doc. 96–21470 Filed 8–21–96; 8:45 am] Office of the Secretary attendance in the LEA’s schools as a BILLING CODE 3510±CN±M result of relocation of Armed Forces Assistance to Local Educational personnel or civilian employees of the Agencies (LEAs) Department of Defense or as a result of a realignment of one or more military National Oceanic and Atmospheric AGENCY: Office of the Secretary, DoD. Administration installations; or ACTION: Notice of a program for (3) An LEA is a successor of one or providing financial assistance to LEAs. more LEAs that was eligible for [I.D. 081596H] SUMMARY: Pursuant to Section 386 of payments in Fiscal Year 1992 under DoD Directive 1342.18, and satisfies one New England Recovery Plan Pub. L. No. 102–484, as amended by of the two previously listed criteria. Implementation Team Meeting Section 373 of Public Law 103–160, the ‘‘National Defense Authorization Act for Pursuant to subsection 386(d) of Fiscal Year 1994’’ and Section 1074 of Public Law 102–484; as amended, 5 AGENCY: National Marine Fisheries million dollars is authorized for the Service (NMFS), National Oceanic and Public Law 104–106, the ‘‘National Defense Authorization Act for Fiscal Secretary to make educational agency Atmospheric Administration (NOAA), payments to LEAs that are impacted by Commerce. Year 1996,’’ February 10, 1996, notice is hereby given of a program to provide reductions in the size of the Armed ACTION: Public meeting. financial assistance to eligible LEAs that Forces. Eligible LEAs are those that are impacted by the presence of military during the period between the end of SUMMARY: The New England Recovery dependent children or by the base the school year preceding the fiscal year Plan Implementation Team (Team) for closure process. for which the payments are authorized and the beginning of the school year the Northern Right Whale and DATE: August 22, 1996. immediately preceding that school year, Humpback Whale Recovery Plans will ADDRESSES: Deputy Assistant Secretary had an overall reduction of not less than hold a 1-day public meeting to consider of Defense (Personnel Support, Families 20 percent of military dependent whale recovery plan implementation & Education), room 3E784, The students, as a result of closure or actions, particularly for the northern Pentagon, Washington, DC 20301–4000. realignment of military installations. right whale. FOR FURTHER INFORMATION CONTACT: Dr. Any funds provided under this notice Hector O. Nevarez or Mr. Norman R. DATES: The meeting will begin at 9:15 shall be available only for eligible LEAs Heitzman, Domestic Dependent a.m. and end by 5:00 p.m., September who (1) exercise due diligence in Elementary and Secondary Schools, 25, 1996. obtaining State and other financial 4040 North Fairfax Drive, Arlington, VA assistance; (2) are treated the same as ADDRESSES: The Team meeting will be 22203–1635; telephone (703) 696–4354 other LEAs under State law for the held at the office of the New England or 4361; facsimile number (703) 696– purpose of receiving State aid for public Fishery Management Council, at 5 8920. education; and (3) file with the Under Broadway (Route One), Saugus, MA SUPPLEMENTARY INFORMATION: Secretary of Defense for Personnel and 01906–1097. Readiness, a letter of application (see Program Announcement FOR FURTHER INFORMATION CONTACT: Dr. Sample Letter at the end of this notice) During fiscal year (FY) 1996, the Thomas French, Team Chairperson, and a copy of an independently audited Department of Defense (DoD) is financial report on the LEA for the (508) 792–7270 (X163), or Sal authorized to 35 million dollars to assist preceding fiscal year. Testaverde, NMFS, Northeast Regional eligible Local Education Agencies Applications for financial assistance Office, (508) 281–9368. (LEAs) affected by the impact of military in response to this notice must be SUPPLEMENTARY INFORMATION: The Team dependent students or by reductions in received no later than August 30, 1996. the size of the Armed Forces. DoD shall is made up of state and Federal agencies Definitions from New England identified in each of rely on data from the Department of the recovery plans as having a role in Education for the purpose of For the purposes of this program, the recovery of these two whale species. determining eligibility of an LEA. following definitions are applicable: (a) Applicant. Any LEA requesting The September 25, 1996, Team meeting Pursuant to subsection 386(c) of Pub. assistance under this notice. (b) Local will include a discussion on the Team L. No. 102–484, as amended, 30 million Education Agency (LEA). A public composition, a report from the dollars will be provided to eligible LEAs board of education or other public subcommittee on vessel interaction for educational agency assistance if without such assistance, that LEA authority legally constituted within a conflicts, redrafting of the recovery would be unable to provide its students State for either administrative control or plans, a response plan for retrieving with a level of education equivalent to direction of, or to perform a service stranded or dead whales, and the the minimum available in other LEAs in function for, public elementary or construction of the Massachusetts Water the same state, and secondary schools in a city, county, Resource Authority’s outfall tunnel. (1) At least 20 percent (as rounded to township, school district, or other Authority: 16 U.S.C. 1531 et seq. the nearest whole percent) of the political subdivision of a State, or such Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43347 combination of school districts or 1204, Arlington, VA 22202–4302. Wurtsmith AFB closed on June 30, counties as are recognized in a State as Respondents should be aware that 1993, pursuant to the Defense Base an administrative agency for its public notwithstanding any other provision of Closure and Realignment Act of 1990 elementary or secondary schools. Such law, no person shall be subject to any (10 U.S.C. § 2687 note) and the term includes any other public penalty for failing to comply with a recommendations of the Defense Base institution or agency having collection of information if it does not Closure and Realignment Commission. administrative control and direction of display a currently valid OMB control The FEIS analyzed potential a public elementary or secondary number. environmental impacts of the Air school. (c) Military Dependent Student. Force’s disposal options by portraying a A student that is a dependent child of Sample Letter of Application for Financial Assistance variety of potential land uses to cover a a member of the Armed Forces or a range of reasonably foreseeable future dependent child of a civilian employee Assistant Secretary of Defense (Force uses of the property and facilities by of the Department of Defense. Management Policy), others. 4000 Defense Pentagon, Washington, DC Amount of Assistance 20301–4000. The Air Force issued a ROD on An applicant requesting assistance Dear Mr. Assistant Secretary: Pursuant to December 12, 1994 which documented under this notice shall submit a letter of this ‘‘Notice of a Program for Providing a series of decisions regarding the Financial Assistance to LEAs,’’ lll intended disposal of Government- application (see sample letter at the end lll lll of this notice) and a copy of an Federal Register ( , 1996), the owned property for public airport use, (name of the local educational agency (LEA)) independently audited financial report the intended termination of certain requests financial assistance for the LEA for of the applicant LEA for the second school year 1995–1996. We certify that the leases of improved real property with preceding FY, requesting a DoD LEA has applied for financial assistance from the Township of Oscoda, the disposal of contribution and assuring the all sources, including the State/ the base electrical, gas, and telephone ASD(FMP) that the LEA has applied for, Commonwealth of (name). We understand systems, both on Government and has received or shall receive all that funds available for that purpose shall be Township-owned land, and the disposal financial assistance from other sources paid on a per-pupil basis for military of property for homeless assistance. At for which it is qualified. Letters of dependent students, as in the ‘‘Notice of a the time of the ROD, the Air Force application must be addressed as Program for Providing Financial Assistance deferred decisions regarding the to LEAs.’’ Enclosed find a copy of our follows: Assistant Secretary of Defense, parcelization and disposal of the (Force Management Policy), 4000 independent audit ‘‘(Title)’’ prepared by (name of firm or agency). We have submitted remaining Air Force-controlled Defense Pentagon, Washington, D.C. a complete and timely application for Section Government property as well as the 20301–4000. 3 impact aid assistance to the Secretary of termination of the remaining Air Force The applicant shall also file a copy of Education and have submitted applications leases and permits. the letter of application for financial for all other assistance for which the LEA assistance and required supportive may be entitled. This LEA is treated the same This SROD modifies certain decisions information with the State educational as other LEAs under state law for the purpose made in the ROD and addresses the agency (SEA). The SEA may submit of state aid for public education. A copy of decisions deferred from the ROD, thus comments on the LEA’s application to this letter, with the above supporting completing the disposal decisions for the Department of Defense (at the above information, is being submitted to the State Wurtsmith AFB. The Air Force has address) by August 30, 1996. Such educational agency. decided to modify the boundary of the comments shall be considered when Sincerely, airport conveyance and revise the applications are reviewed by the OSD. (Authorized LEA Official) disposition of utility systems. It will The LEA’s application and all required Dated: August 16, 1996. also make property available for supporting information must reach the Patricia L. Toppings, Economic Development Conveyance ASD(FMP) no later than August 30, Alternate OSD Federal Register Liaison (EDC), recreation and education public 1996. No assurances of confidentiality Officer, Department of Defense. benefit conveyance, and public sale. are being made, other than the [FR Doc. 96–21402 Filed 8–21–96; 8:45 am] Property at the base which the Air Force assurance that the audits will not be BILLING CODE 5000±04±M leases from the State of Michigan and released. the Charter Township of Oscoda will be This information collection has been returned to those entities. Property approved as OMB Control Number Department of the Air Force included in the proposed EDC includes 0704–0389, with an expiration date of housing, office and industrial facilities, 09/30/96. The public reporting burden Record of Decision (ROD) for the and utility systems. for this collection of information is Disposal and Reuse of Wurtsmith Air The implementation of these estimated to average 20 minutes per Force Base (AFB), Michigan response, including the time for conversion activities and associated reviewing instructions, searching On June 7, 1996, the Air Force issued mitigation measures will proceed with existing data sources, gathering and the Supplemental Record of Decision minimal adverse impact to the maintaining the data needed, and (SROD) for the Disposal and Reuse of environment. This action conforms with completing and reviewing the collection Wurtsmith AFB, Michigan. The applicable Federal, State and local of information. Send comments decisions included in this Supplemental statutes and regulations, and all regarding this burden estimate or any ROD have been made in consideration reasonable and practical efforts have other aspect of this collection of of, but not limited to, the information been incorporated to minimize harm to information, including suggestions for contained in the Final Environmental the local public and the environment. reducing the burden, to Department of Impact Statement (FEIS) for the Disposal Any questions regarding this matter Defense, Washington Headquarters and Reuse of Wurtsmith AFB, filed with should be directed to Ms. Teresa Services, Directorate for Information the Environmental Protection Agency Pohlman, Program Manager at (703) Operations and Reports (0704–0389), and made available to the public on 696–5240. Correspondence should be 1215 Jefferson Davis Highway, Suite September 24, 1993. sent to: AFBCA/DD, 1700 North Moore 43348 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

Street, Suite 2300, Arlington, VA Mr. Horst R. Kelly ACTION: Notice. 22209–2802. Patsy J. Conner, Patsy J. Conner, Air Force Federal Register Liaison Officer. SUMMARY: This Notice identifies surplus Air Force Federal Register Liaison Officer. [FR Doc. 96–21366 Filed 8–21–96; 8:45 am] real property located at Fort McClellan, [FR Doc. 96–21422 Filed 8–21–96; 8:45 am] BILLING CODE 3910±01±P Alabama. These properties are projected BILLING CODE 3910±01±W to be surplus to Federal requirements on or before closure of Fort McClellan. Department of the Army They are not necessarily immediately Intent To Grant an Exclusive Patent available. Fort McClellan is located in License Armed Forces Institute of Pathology, northeast Alabama, immediately North Scientific Advisory Board; Meeting of the City of Anniston. Interstate Pursuant to the provisions of Part 404 AGENCY: Armed Forces Institute of Highway 20 lies approximately 9 miles of Title 37, Code of Federal Regulations, Pathology (AFIP). to the south. The installation is served which implements Public Law 96–517, by commercial rail, a limited service the Department of the Air Force ACTION: Notice of open meeting. commercial airport is approximately 10 announces its intention to grant an SUMMARY: In accordance with 10(a)(2) of miles to the south and a full service exclusive license to Polychip, Inc. of the Federal Advisory Committee Act, commercial airport is located 60 miles Chevy Chase MD, under U.S. Patent Public Law (92–463) announcement is west in Birmingham, Alabama. Application S/N 08/442,041 for ‘‘System made of the following open meeting: and Method for Enhanced Visualization Name of Committee: Scientific FOR FURTHER INFORMATION CONTACT: of Subcutaneous Structures.’’ Advisory Board (SAB). Mr. Jim Phillips, U.S. Army Engineer The license described above will be Dates of Meeting: 7–8 November 1996. District, Mobile, ATTN: CESAM–RE– Place: Armed Forces Institute of granted unless an objection thereto, MD, P.O. Box 2288, Mobile, Alabama Pathology, Building 54, 14th St. & together with a request for an 36628–0001 (telephone 334/694–3681); Alaska Ave, NW, Washington, DC opportunity to be heard, if desired, is or Mr. Gary Harvey, Base Transition 20306–6000. received in writing by the addressee set Coordinator, ATTN: ATZN–PTS Fort forth below within (60) days from the Time: 8:00 a.m.—4:30 p.m. (7 November 1996); 8:00 a.m.—12:00 p.m. McClellan, Alabama 36205–5000 date of publication of this notice. Copies (telephone 205/848–3588). of the patent application may be (8 November 1996). obtained, on request, from the same FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: This addressee. Mr. Ridgely Rabold, Center for surplus property is available under the All communications concerning this Advanced Pathology (CAP), AFIP, provisions of the Federal Property and notice should be sent to: Mr. Samuel B. Building 54, Washington, DC 20306– Administrative Services Act of 1949 and Smith, Jr., 1501 Wilson Blvd, Suite 805, 6000, phone (202) 782–2553. the Base Closure Community Arlington VA 22209–2403, Telephone SUPPLEMENTARY INFORMATION: Redevelopment and Homeless Assistance Act of 1994. Notices of No: (703) 696–9033. General function of the board: The interest should be forwarded to Fort Patsy J. Conner, Scientific Advisory Board provides McClellan Reuse and Redevelopment Air Force Federal Register Liaison Officer. scientific and professional advice and Authority, Attention: Mr. Robert H. [FR Doc. 96–21365 Filed 8–21–96; 8:45 am] guidance on programs, policies, and Richardson, Executive Director, 1702 BILLING CODE 3910±01±P procedures of the AFIP. Agenda: The Board will hear status Noble Street, Suite 101, P.O. Box 306, reports from the AFIP Deputy Directors, Anniston, Alabama 36202 (telephone Performance Review Boards List of Center for Advanced Pathology Director, 205/231–1724). Members the National Museum of Health and The surplus real property consists of Medicine, and each of the pathology approximately 17,200 acres and Below is a list of additional departments. Board members will visit includes 62 administration buildings, 85 individuals who are eligible to serve on several of the pathology departments. storage buildings, 230 residential the Performance Review Boards for the Open board discussions. Reports will structures (containing 571 dwelling Department of the Air Force in be given on all visited departments. The units) and 322 miscellaneous support accordance with the Air Force Senior reports will consist of findings, buildings. The current range of uses Executive Appraisal and Award System. recommended areas of further research, includes administrative, educational, Secretariat and suggested solutions. New trends storage, maintenance, industrial, and/or technologies will be discussed barracks, residential and recreational. Mr. William A. Davidson and goals established. The meeting is Building and infrastructure construction Mr. Richard M. McCormick open to the public. spans from the 1940s to present and Brig Gen Lansford E. Trapp, Jr. Paul E. Bluteau, may contain lead based paint and/or Brig Gen Timothy P. Malishenko Col, MS, USA, Executive Officer. asbestos. Some facilities are historic and [FR Doc. 96–21370 Filed 8–21–96; 8:45 am] may be eligible for listing on the Air Staff and ‘‘Others’’ BILLING CODE 3710±08±M National Register of Historic Places. Lt Gen George T. Babbitt, Jr. Infrastructure includes roads, storm Ms. Karla W. Corcoran water, and utility systems. Utility Corps of Engineers Mr. John T. Manclark systems available include electric, gas, water, sewer, telephone and central Mr. William C. James Notice of Availability of Surplus Land heating/cooling plants. Property and and Buildings Located at Fort Mr. Harlan G. Wilder facilities are not anticipated to be McClellan, AL Mr. Thomas F. Bachman available for final disposal until after Ms. Sandra G. Grese AGENCY: Corps of Engineers, DOD. October 1999 when active Army Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43349 missions have been relocated from Fort 3. Control No.: 1902–0005. The and TVMGA request Commission McClellan. Commission is now requesting that approval to eliminate the provision Donald L. Burchett, OMB approve a three year extension of under the Settlement requiring Chief, Real Estate Division, U.S. Army these mandatory collection Alabama-Tennessee to file a general Engineer District, Mobile. requirements. case under Section 4 of the Natural Gas [FR Doc. 96–21423 Filed 8–21–96; 8:45 am] 4. Necessity of Collection of Act on or before September 1, 1996. The BILLING CODE 3710±CR±M Information: Submission of the parties agreed that the Settlement be information is necessary to enable the amended and that Alabama-Tennessee Commission to carry out its file revised tariff sheets implementing a DEPARTMENT OF ENERGY responsibilities in implementing the 6% reduction in its transportation rates, provisions of both the Natural Gas Act to be effected on the first day of the Federal Energy Regulatory and the Natural Gas Policy Act. The month following a Commission order. Commission Commission uses the information The parties request that the collected to obtain accurate data on Commission grant all necessary waivers [FERC±567] pipeline facilities and the peak day and other authorizations so that the Agency Information Collection Under capacity of these facilities. Specifically, decreased rates can become effective as Review by the Office of Management the FERC–567 is used in determining soon as possible. and Budget the configuration and location of Any person desiring to protest said installed pipeline facilities; evaluating filing should file a protest with the August 16, 1996. the need for proposed facilities to serve Federal Energy Regulatory Commission, AGENCY: Federal Energy Regulatory market expansions; determining 888 First Street, N.E., Washington, D.C., Commission. pipeline interconnections and receipt 20426 in accordance with Rule 211 of ACTION: Notice of request submitted for and delivery points; and developing and the Commission’s Rules of Practice and review to the Office of Management and evaluating alternatives to proposed Procedure (18 CFR 385.211). All such Budget. facilities as a means to mitigate protests must be filed on or before environmental impact of new pipeline August 23, 1996. Protests will be SUMMARY: The Federal Energy construction. The FERC–567 also considered by the Commission in Regulatory Commission (Commission) contains valuable information that determining the appropriate action to be has submitted the energy information could be used to assist federal officials taken but will not serve to make collection listed in this notice to the in maintaining adequate natural gas protestants parties to the proceeding. Office of Management and Budget service in times of national emergency. Copies of this filing are on file with the (OMB) for review under provisions of 5. Respondent Description: The Commission and are available for public the Paperwork Reduction Act of 1995 respondent universe currently inspection. (Pub. L. 104–13). Any interested person comprises approximately 89 natural gas Lois D. Cashell, may file comments on the collection of pipeline companies that are engaged in information directly with OMB and Secretary. the transportation and storage of natural should address a copy of those [FR Doc. 96–21379 Filed 8–21–96; 8:45 am] gas. comments to the Commission, as BILLING CODE 6717±01±M 6. Estimated Burden: 11,747 total explained below. The Commission is burden hours, 89 respondents, 144 also responding in this submission to responses annually, 81.58 hours per [Docket No. ER96±2150±000] comments it received to an earlier response (average). Federal Register notice of April 22, Edison Source; Notice of Issuance of 1996 (61 FR 17692). Statutory Authority: Sections 4–10, 16 of Order the Natural Gas Act, Pub. L. 75–688, and DATES: Comments must be filed on or Sections 301(a), 303(a), 304(d), 401, 402, and before September 23, 1996. August 16, 1996. 508 of the Natural Gas Policy Gas Policy Act Edison Source filed an application for ADDRESSES: Address comments to Office (Pub. L. 95–621). of Management and Budget, Office of authorization to sell power at market- Lois D. Cashell, based rates, and for certain waivers and Information and Regulatory Affairs, Secretary. Attention: Federal Energy Commission authorizations. In particular, Edison Desk Officer, 726 Jackson Place NW., [FR Doc. 96–21383 Filed 8–21–96; 8:45 am] Source requested that the Commission Washington, DC 20503. A copy of the BILLING CODE 6717±01±M grant blanket approval under 18 CFR comments should also be sent to Federal Part 34 of all future issuances of Energy Regulatory Commission, [Docket No. RP92±273±028] securities and assumptions of liabilities Division of Information Services, by Edison Source. On August 13, 1996, Attention: Mr. Michael Miller, 888 First Alabama-Tennessee Natural Gas the Commission issued an Order Street, NE., Washington DC 20426. Mr. Company; Notice of Motion To Amend Conditionally Accepting For Filing Miller may be reached by telephone at Approved Settlement Proposed Market-Based Rates And (202) 208–1415 and by e-mail at Consolidating Proceedings (Order), in [email protected]. August 16, 1996. the above-docketed proceeding. Take notice that on August 12, 1996, The Commission’s August 13, 1996 SUPPLEMENTARY INFORMATION: Alabama-Tennessee Natural Gas Order granted the request for blanket Description: The energy information Company (Alabama-Tennessee) and the approval under Part 34, subject to the collection submitted to OMB for review Tennessee Valley Municipal Gas conditions found in Ordering contains: Association (TVMGA) filed a motion to Paragraphs (H), (I), and (K): 1. Collection of Information: FERC– amend the Stipulation and Agreement (H) Within 30 days of the date of this 567, ‘‘Annual Reports of System Flow (Settlement) approved by the order, any person desiring to be heard Diagrams and System Capacity’’. Commission on December 20, 1993, in or to protest the Commission’s blanket 2. Sponsor: Federal Energy Regulatory Docket No. RP92–273–010, et al. (65 approval of issuances of securities or Commission. FERC ¶ 61,441). Alabama-Tennessee assumptions of liabilities by Edison 43350 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

Source should file a motion to intervene or to protest the blanket approval of the vicinity of the projects. If the or protest with the Federal Energy issuances of securities or assumptions of Commission accepts the staff’s Regulatory Commission, 888 First liability by EESC should file a motion to conclusions regarding navigability, the Street, NE., Washington, DC 20426, in intervene or protest with the Federal likely outcome will be a Commission accordance with Rules 211 and 214 of Energy Regulatory Commission, 888 determination that the projects are not the Commission’s Rules of Practice and First Street, N.E., Washington, D.C. required to be licensed pursuant to Procedure, 18 CFR 385.211 and 385.214. 20426, in accordance with Rules 211 Section 23(b)(1) of the Federal Power (I) Absent a request to be hard within and 214 of the Commission’s Rules of Act (FPA). Because this determination the period set forth in Ordering Practice and Procedure (18 CFR 385.211 may affect the resolution of matters at Paragraph (H) above, Edison Source is and 385.214). issue in the relicensing proceedings, all hereby authorized, pursuant to section Absent a request for hearing within parties and interested persons are being 204 of the FPA, to issue securities and this period, EESC is authorized to issue given notice of the pending to assume obligations and liabilities as securities and assume obligations or jurisdictional inquiry and an guarantor, endorser, surety or otherwise liabilities as a guarantor, indorser, opportunity to comment on the in respect of any security of another surety, or otherwise in respect of any navigability report. Comments may be person; provided that such issue or security of another person; provided filed within 30 days of the above date. assumption is for some lawful object that such issuance or assumption is for Jurisdiction within the corporate purposes of Edison some lawful object within the corporate Source, compatible with the public purposes of the applicant, and The Commission recently explained 1 interest, and reasonably necessary or compatible with the public interest, and its licensing jurisdiction as follows: appropriate for such purposes. is reasonably necessary or appropriate Under the FPA, the Commission has two types of licensing jurisdiction: permissive (K) The Commission reserves the right for such purposes. and mandatory. Permissive licensing is to modify this order to require a further The Commission reserves the right to authorized rather than required, and is showing that neither public nor private require a further showing that neither governed by Section 4(e) of the FPA. interests will be adversely affected by public nor private interests will be Mandatory licensing is governed by Section continued Commission approval of adversely affected by continued 23(b)(1) of the FPA, which prohibits the Edison Source’s issuances of securities approval of EESC’s issuances of unlicensed construction and operation of or assumptions of liabilities. * ** securities or assumptions of liability. certain hydroelectric projects Thus, it is Notice is hereby given that the possible for a voluntary applicant to obtain Notice is hereby given that the a license under Section 4(e) of the FPA for deadline for filing motions to intervene deadline for filing motions to intervene a project that would not require a license or protests, as set forth above, is or protests, as set forth above, is under Section 23(b)(1). September 12, 1996. September 9, 1996. Under Section 23(b)(1) of the FPA, a Copies of the full text of the Order are Copies of the full text of the order are license is required for a hydroelectric project available from the Commission’s Public available from the Commission’s Public if it: (1) is located on ‘‘navigable waters of the Reference Branch, 888 First Street, NE., Reference Branch, 888 First Street, NE., United States’’; (2) occupies lands or Washington, DC 20426. Washington, DC 20426. reservations of the United States; (3) uses the surplus water or water power from a Lois D. Cashell, Lois D. Cashell, government dam; or (4) is located on a non- Secretary. Secretary. navigable Commerce Clause stream, affects [FR Doc. 96–21384 Filed 8–21–96; 8:45 am] [FR Doc. 96–21388 Filed 8–21–96; 8:45 am] the interests of interstate or foreign commerce, and has undergone construction BILLING CODE 6717±01±M BILLING CODE 6717±01±M or major modification after August 26, 1935.2 If those conditions are not met, Section 4(e) [Docket No. ER96±1731±000] [Project Nos. 2555; 2556; 2557; 2559] of the FPA would permit licensing of a hydroelectric project in response to a Engineered Energy Systems Kennebec Water District and Central voluntary application if the project is located Corporation; Notice of Issuance of Maine Power Company; Notice of on a Commerce Clause water. Order Availability of Navigability Report for The Commission staff has determined the Messalonskee Stream, Request for that the Messalonskee Stream projects August 16, 1996. Comments, and Notice of Pending would not be located on federal lands or Engineered Energy Systems Jurisdictional Inquiry make use of a government dam. Corporation (EESC) submitted for filing Therefore, if licensing is required a rate schedule under which EESC will August 16, 1996. depends on whether conditions (1) or engage in wholesale electric power and Kennebec Water District and Central (4) above are met. energy transactions as a marketer. EESC Maine Power Company filed Regarding (4) above, the Commission also requested waiver of various applications for subsequent licenses to staff has concluded that the Commission regulations. In particular, continue operating Automatic Project Messalonskee Stream projects are EESC requested that the Commission No. 2555, Union Gas Project No. 2556, located on a non-navigable Commerce grant blanket approval under 18 CFR Rice Rips Project No. 2557, and Oakland Clause stream within the meaning of 3 Part 34 of all future issuances of Project No. 2559. The projects are Section 23(b)(1) of the FPA. Because securities and assumptions of liability located on the Messalonskee Stream 1 Swanton Village, Vermont, 70 FERC ¶ 61,325 at by EESC. near the city of Waterville, Kennebec pp. 61,992–93 (1995) (citations omitted). See Cooley On August 8, 1996, pursuant to County, Maine. As part of its review of v. FERC, 843 F.2d 1464, 1471 (D.C. Cir. 1988), cert. delegated authority, the Director, these relicense applications, the denied, 109 S.CT. 327 (1988). Division of Applications, Office of Commission staff is investigating the 2 See Farmington River Power Co. v. Federal Electric Power Regulation, granted jurisdictional status of the projects and Power Commission, 455 F.2d 86 (2d Cir. 1972). requests for blanket approval under Part has prepared a navigability report for 3 The Messalonskee Stream flows into the 34, subject to the following: the Messalonskee Stream. The navigable Kennebec River. It is well-settled that Commerce Clause streams include the headwaters Within thirty days of the date of the navigability report concludes that the and tributaries of navigable rivers. See 70 FERC ¶ order, any person desiring to be heard Messalonskee Stream is not navigable in 61,325 at p. 61,994. Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43351 the Messalonskee Stream projects should reference Projects No. 2555, Reference Branch, 888 First Street, NE., generate power for the interstate electric 2556, 2557, and 2559. For further Washington, DC 20426. grid, the project affects the interests of information, please contact John Blair at Lois D. Cashell, interstate commerce within the meaning (202) 219–2845. Secretary. 4 of Section 23(b)(1). However, the Lois D. Cashell, [FR Doc. 96–21387 Filed 8–21–96; 8:45 am] projects were constructed between 1918 Secretary. BILLING CODE 6717±01±M and 1924, and the Commission staff has [FR Doc. 96–21382 Filed 8–21–96; 8:45 am] found no evidence of any significant BILLING CODE 6717±01±M construction or major modification of [Docket No. RP96±200±007] the projects after 1935. [Docket No. ER96±2143±000] Navigability NorAm Gas Transmission Company; Notice of Filing In these circumstances, if licensing is Monterey Consulting Associates, Inc.; required depends on whether the Notice of Issuance of Order August 16, 1996. Messalonskee Stream projects are August 16, 1996. Take notice that on August 1, 1996, located on a ‘‘navigable river of the Monterey Consulting Associates, Inc. NorAM Gas Transmission Company United States.’’ The staff’s navigability (Monterey) submitted for filing a rate (NGT) tendered for filing to become part river of the United States.’’ The staff’s schedule under which Monterey will of its FERC Gas Tariff, Fourth Revised navigability report concludes that the engage in wholesale electric power and Volume No. 1, the following revised Messalonskee Stream is not navigable in energy transactions as a marketer. tariff sheets, to become effective August the vicinity of the four Messalonskee Monterey also requested waiver of 1, 1996: Stream projects. It finds that, although various Commission regulations. In Fourth Revised Sheet No. 7 recreational boaters use portions of the particular, Monterey requested that the Messalonskee Stream in a continuous Commission grant blanket approval NGT states that the tariff sheet is manner, from above, past and below the under 18 CFR Part 34 of all future being filed to reflect specific negotiated project sites. The staff’s navigability issuances of securities and assumptions rate transactions for the month of report finds no evidence that the of liability by Monterey. August 1996. Messalonskee Stream, from the project On August 8, 1996, pursuant to Any person desiring to protest this sites to the Kennebec River, was ever delegated authority, the Director, filing should file a protest with the used or suitable for use for the Division of Applications, Office of Federal Energy Regulatory Commission, transportation of persons or property in Electric Power Regulation, granted 888 First Street, N.E., Washington, D.C. interstate or foreign commerce. requests for blanket approval under Part 20426, in accordance with Rule 211 of If licensing is not required, a 34, subject to the following: the Commission’s Rule of Practice and hydroelectric licensee may, following Within 30 days of the date of the Procedure (18 CFR 385.211). All such expiration of its original license, order, any person desiring to be heard protest must be filed as provided in withdraw its relicense application or or to protest the blanket approval of Section 154.210 of the Commission’s reject a new or subsequent license and issuances of securities or assumptions of Regulations. Protests will be considered continue to operate the project without liability by Monterey should file a by the Commission in determining the a license under the FPA, subject only to motion to intervene or protest with the appropriate action to be taken, but will whatever other federal, state, or local Federal Energy Regulatory Commission, not serve to make protestants parties to laws may be applicable.5 888 First Street, NE., Washington, DC the proceeding. Copies of this filing are Comments are invited on the staff’s 20426, in accordance with Rules 211 on file with the Commission and are navigability report. If the Commission and 214 of the Commission’s Rules of available for public inspection. accepts the staff’s conclusions regarding Practice and Procedure (18 CFR 385.211 Lois D. Cashell, navigability, the likely outcome will be and 385.214). Secretary. a Commission determination that the Absent a request for hearing within [FR Doc. 96–21380 Filed 8–21–96; 8:45 am] Messalonskee Stream projects are not this period, Monterey is authorized to BILLING CODE 6717±01±M required to be licensed under Section issue securities and assume obligations 23(b)(1) of the FPA. or liabilities as a guarantor, indorser, Concurrent with publication of this surety, or otherwise in respect of any [Docket No. RP96±200±005] notice, all persons whose names appear security of another person; provided on the official service list for the Central that such issuance or assumption is for NorAm Gas Transmission Company; Maine and Kennebec Water District some lawful object within the corporate Notice of Filing relicensing proceedings will receive a purposes of the applicant, and copy of the navigability report. compatible with the public interest, and August 16, 1996. Additional copies are available for is reasonably necessary or appropriate Take notice that on July 11, 1996, review in the Public Reference Branch, for such purposes. NorAm Gas Transmission Company Room 2A, of the Commission’s offices at The Commission reserves the right to (NGT) tendered for filing to become part 888 First Street, N.E., Washington, D.C. require a further showing that neither of its FERC Gas Tariff, Fourth Revised 20426. Comments should be filed public nor private interests will be Volume No. 1, the following revised within 30 days of the above date, and adversely affected by continued tariff sheets, to be effective as shown: approval of Monterey’s issuances of Effective April 1, 1996: 4 See Federal Power Commission v. Union securities or assumptions of liability. Second Substitute First Revised Sheet No. Electric Co. (‘‘Taum Sauk’’), 381 U.S. 90, 97 (1965). Notice is hereby given that the 7 5 See Pennsylvania Electric Co., 56 FERC ¶ 61,435 deadline for filing motions to intervene Effective May 1, 1996: (1991) (hydroelectric licensee with a voluntary or protests, as set forth above, is license under Section 4(e) of the FPA need not file Substitute Second Revised Sheet No. 7 a relicense application and may continue operating September 9, 1996. Effective June 1, 1996: without a license following expiration of the Copies of the full text of the order are First Revised Substitute Second Revised original license). available from the Commission’s Public Sheet No. 7 43352 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

NGT states that the revised tariff some lawful object within the corporate compatible wit the public interest, and sheets are being filed in compliance purposes of the applicant, and is reasonably necessary or appropriate with the Commission’s June 26, 1996, compatible with the public interest, and for such purposes. order in Docket Nos. RP96–200–002 and is reasonably necessary or appropriate The Commission reserves the right to 003. for such purposes. require a further showing that neither Any person desiring to protest this The Commission reserves the right to public nor private interests will be filing should file a protest with the require a further showing that neither adversely affected by continued Federal Energy Regulatory Commission, public nor private interests will be approval of Sonat’s issuances of 888 First Street, NE., Washington, DC adversely affected by continued securities or assumptions of liability. 20426, in accordance with Rule 211 of approval of PESI’s issuances of Notice is hereby given that the the Commission’s Rule of Practice and securities or assumptions of liability. deadline for filing motions to intervene Procedure (18 CFR 385.211). All such Notice is hereby given that the or protests, as set forth above, is protest must be filed as provided in deadline for filing motions to intervene September 11, 1996. Section 154.210 of the Commission’s or protests, as set forth above, is Copies of the full text of the order are Regulations. Protests will be considered September 12, 1996. available from the Commission’s Public by the Commission in determining the Copies of the full text of the order are Reference Branch, 888 First Street, NE., appropriate action to be taken, but will available from the Commission’s Public Washington, DC 20426. not serve to make protestants parties to Reference Branch, 888 First Street, N.E. Lois D. Cashell, the proceeding. Copies of this filing are Washington, D.C. 20426. Secretary. on file with the Commission and are Lois D. Cashell, [FR Doc. 96–21386 Filed 8–21–96; 8:45 am] available for public inspection. Secretary. BILLING CODE 6717±01±M Lois D. Cashell, [FR Doc. 96–21385 Filed 8–21–96; 8:45 am] Secretary. BILLING CODE 6717±01±M [Docket No. ER91±195±025, et al.] [FR Doc. 96–21381 Filed 8–21–96; 8:45 am] BILLING CODE 6717±01±M [Docket No. ER96±2343±000] Western Systems Power Pool, et al.; Electric Rate and Corporate Regulation [Docket No. ER96±2141±000] Sonat Power Marketing L.P.; Notice of Filings Issuance of Order Preferred Energy Services, Inc.; Notice August 15, 1996. of Issuance of Order August 16, 1996. Take notice that the following filings Sonat Power Marketing L.P. (Sonat) have been made with the Commission: August 15, 1996. submitted for filing a rate schedule 1. Western Systems Power Pool Preferred Energy Services, Inc. (PESI) under which Sonat will engage in submitted for filing a rate schedule wholesale electric power and energy [Docket No. ER91–195–025] under which PESI will engage in transactions as a marketer. Sonat also Take notice that on July 30, 1996, the wholesale electric power and energy requested waiver of various Commission Western Systems Power Pool (WSPP) transactions as a marketer. PESI also regulations. in particular, Sonat filed certain information as required by requested waiver of various Commission requested that the Commission grant May 13, 1993, letter order in the above- regulations. In particular, PESI blanket approval under 18 CFR Part 34 referenced proceeding. Copies of requested that the Commission grant of all future issuances of securities and WSPP’s informational filing are on file blanket approval under 18 CFR Part 34 assumptions of liability by Sonat. with the Commission and are available of all future issuances of securities and On August 12, 1996, pursuant to for public inspection. assumptions of liability by PESI. delegated authority, the Director, On August 13, 1996, pursuant to Division of Applications, Office of 2. North American Energy delegated authority, the Director, Electric Power Regulation, granted Conservation, Eastern Power Division of Applications, Office of requests for blanket approval under Part Distribution, Inc., Coastal Electric Electric Power Regulation, granted 34, subject to the following: Services Company, Calpine Power requests for blanket approval under Part Within thirty days of the date of the Services Company, CNG Power 34, subject to the following: order, an person desiring to be heard or Services Corporation, Citizens Lehman Within thirty days of the date of the to protest the blanket approval of Power Sales, and Howard Energy order, any person desiring to be heard issuances of securities or assumptions of Marketing, Inc. or to protest the blanket approval of liability by Sonat should file a motion [Docket Nos. ER94–152–010, ER94–964–010, issuances of securities or assumptions of to intervene or protest with the Federal ER94–1450–011, ER94–1545–007, ER94– liability by PESI should file a motion to Energy Regulatory Commission, 888 1554–009, ER94–1685–008 and ER95–252– intervene or protest with the Federal First Street, NE., Washington, DC 20426, 006 (not consolidated)] Energy Regulatory Commission, 888 in accordance with Rules 211 and 214 Take notice that the following First Street, N.E., Washington, D.C. of the Commission’s Rules of Practice informational filings have been made 20426, in accordance with Rules 211 and Procedure (18 CFR 385.211 and with the Commission and are on file and 214 of the Commission’s Rules of 385.214). and available for public inspection and Practice and Procedure (18 CFR 385.211 Absent a request for hearing within coping in the Commission’s Public and 385.214). this period, Sonat is authorized to issue Reference Room: Absent a request for hearing within securities and assume obligations or On July 30, 1996, North American this period, PESI is authorized to issue liabilities as a guarantor, indorser, Energy Conservation filed certain securities and assume obligations or surety, or otherwise in respect of any information as required by the liabilities as a guarantor, indorser, security of another person; provided Commission’s February 10, 1994, order surety, or otherwise in respect of any that such issuance or assumption is for in Docket No. ER94–152–000. security of another person; provided some lawful object within the corporate On August 1, 1996, Eastern Power that such issuance or assumption is for purposes of the applicant, and Distribution, Inc. filed certain Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43353 information as required by the NMPC has served copies of the filing application requesting that the Commission’s April 5, 1994, order in on the New York Public Service Commission order Public Service Docket No. ER94–964–000. Commission and customers authorized Company of New Mexico (PNM) to On July 31, 1996, Coastal Electric to receive service under the sales tariff. provide transmission services pursuant Services Company filed certain Comment date: August 29, 1996, in to Section 211 of the Federal Power Act. information as required by the accordance with Standard Paragraph E The transmission service sought by Commission’s September 29, 1994, at the end of this notice. Plains in the Application is 56 MW of order in Docket No. ER94–1450–000. firm, point-to-point transmission service 6. Pacific Gas and Electric Company On July 31, 1996, Calpine Power over PNM’s San Juan-ojo 345 Kv Services Company filed certain [Docket No. ER96–1703–000] transmission line, which extends from information as required by the Take notice that on August 1, 1996, the San Juan 345 Kv switchyard in the Commission’s March 9, 1995, order in Pacific Gas and Electric Company Four Corners area of Northwestern New Docket No. ER94–1545–000. tendered for filing additional Mexico to the ojo 345 Kv Switching On July 31, 1996, CNG Power Services information requested by FERC in its Station near Espanola, New Mexico, Corporation filed certain information as letter dated July 2, 1996. beginning on December 10, 1996 and required by the Commission’s October Comment date: August 29, 1996, in continuing thereafter on a long-term 25, 1994, order in Docket No. ER94– accordance with Standard Paragraph E basis. 1554–000. at the end of this notice. Comment date: September 16, 1996, On July 31, 1996, Citizens Lehman in accordance with Standard Paragraph 7. Southwestern Public Service Power Sales filed certain information as E at the end of this notice. required by the Commission’s February Company Standard Paragraph 2, 1995, order in Docket No. ER94– [Docket No. ER96–1969–000] 1685–000. Take notice that on July 31, 1996, E. Any person desiring to be heard or On August 5, 1996, Howard Energy Southwestern Public Service Company to protest said filing should file a Marketing, Inc. filed certain information tendered for filing an amendment in the motion to intervene or protest with the as required by the Commission’s above-referenced docket. Federal Energy Regulatory Commission, February 24 1995, order in Docket No. Comment date: August 29, 1996, in 888 First Street, NE., Washington, DC. ER94–252–000. accordance with Standard Paragraph E 20426, in accordance with Rules 211 and 214 of the Commission’s Rules of 3. Cincinnati Gas & Electric Company at the end of this notice. Practice and Procedure (18 CFR 385.211 [Docket No. ER95–625–002] 8. Southern Company Services, Inc. and 18 CFR 385.214). All such motions Take notice that on August 9, 1996, [Docket No. ER96–2566–000] or protests should be filed on or before Cincinnati Gas & Electric Company Take notice that on July 30, 1996, the comment date. Protests will be tendered for filing a letter advising the Southern Company Services, Inc. acting considered by the Commission in Commission that no refunds are due to on behalf of Alabama Power Company, determining the appropriate action to be its Ohio wholesale customers group Georgia Power Company, Gulf Power taken, but will not serve to make which include the Villages of Bethel, Company, Mississippi Power Company, protestants parties to the proceeding. Blanchester, Georgetown, Hamersville, and Savannah Electric and Power Any person wishing to become a party Ripley and the City of Lebanon. Company (collectively referred to as must file a motion to intervene. Copies Comment date: August 29, 1996, in ‘‘Southern Companies’’) submitted a of this filing are on file with the accordance with Standard Paragraph E report of short-term transactions that Commission and are available for public at the end of this notice. have occurred under the Market Based inspection. Lois D. Cashell, 4. Massachusetts Electric Company, Rate Power Sales Tariff (FERC Electric New England Power Company Tariff, Original Volume No. 4) during Secretary. the period April 30, 1996 through June [FR Doc. 96–21389 Filed 8–21–96; 8:45 am] [Docket No. ER96–1626–002] 30, 1996. BILLING CODE 6717±01±P Take notice that on July 29, 1996, Comment date: August 29, 1996, in Massachusetts Electric Company and accordance with Standard Paragraph E New England Power Company tendered at the end of this notice. [Project Nos. 11580±000, et al.] for filing a compliance filing in this 9. Cumberland Power, Inc. Hydroelectric Applications [Cascade docket. Energy Limited Partnership, et al.]; Comment date: August 29, 1996, in [Docket No. ER96–2624–000] Notice of Applications accordance with Standard Paragraph E Take notice that on August 5, 1996, at the end of this notice. Cumberland Power, Inc. tendered for Take notice that the following filing a request for blanket authorization 5. Niagara Mohawk Power Corporation hydroelectric applications have been under the Commission’s Regulations for filed with the Commission and are [Docket No. ER96–1687–001] approval to sell electricity for resale in available for public inspection: Take notice that on July 26, 1996, interstate commerce. 1 a. Type of Application: Preliminary Niagara Mohawk Power Corporation Comment date: August 29, 1996, in Permit. (NMPC) tendered for filing with the accordance with Standard Paragraph E b. Project No.: 11580–000. Federal Energy Regulatory Commission at the end of this notice. c. Date filed: June 3, 1996. the following: (1) an Amended and 10. Plains Electric Generation and d. Applicant: Cascade Energy Limited Restated Service Agreement between Transmission Cooperative, Inc. Partnership. NMPC and Plum Street Enterprises, Inc. e. Name of Project: Lewis River (PSE), and (ii) two revised pages to [Docket No. TX96–11–000] Pumped Storage Project. NMPC’s Wholesale Power Sales Tariff On August 6, 1996, Plains Electric f. Location: On the Lake Merwin No. 2 in compliance with the Order Generation and Transmission section of the Lewis River, issued on June 26, 1996. Cooperative, Inc. (Plains), filed an approximately 19 miles southeast of the 43354 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices city of Longview, in Cowlitz and Clark j. Comment Date: October 24, 1996. Lloyd Everhart, Northern States Power Counties, Washington. Sections 9, 10, k. Description of Project: The Company—Wisconsin, 100 North 15, 16, 22, 33, and 34 in T6N, R3E; proposed pumped storage project would Barstow Street, Eau Claire, WI 54701, sections 3 and 4 in T5S, R3E. consist of: (1) an 80-foot-high dam and (715) 839–2692. g. Filed Pursuant to: Federal Power 40-foot-high dam forming a 500-acre William J. Madden, Jr., John A. Act, 16 U.S.C. § 791(a)–825(r). upper reservoir; (2) a 35-foot-diameter, Whittaker, IV, Winston & Strawn, h. Applicant Contact: Ms. Carol H. 16,570-foot-long power tunnel 1400 L Street, N.W., Washington, DC Cunningham, Consolidated Pumped connecting the upper reservoir with a 20005, (202) 371–5700. Storage, Inc., 680 Washington Blvd., 5th lower reservoir; (3) a 65-foot-high dam i. FERC Contact: Tom Papsidero, (202) Floor, Stamford, CT 06901, (203) 425– forming the 570-acre lower reservoir; (4) 219–2715. 8850. a powerhouse containing four j. Comment Date: September 30, 1996. i. FERC Contact: Mr. Michael generating units with a combined k. Description of Proposed Action: Strzelecki, (202) 219–2827. installed capacity of 1,000 MW; (5) a 4- The licensee requests an amendment to j. Comment Date: October 24, 1996. mile-long transmission line extend the expiration date of the license k. Description of Project: The interconnecting with an existing Pacific for the Cedar Falls Project from January applicant is exploring two alternative Southwest transmission line; and (6) 31, 2001 to March 31, 2005. The schemes for the proposed pumped appurtenant facilities. licensee makes this request so that the storage project. Both alternatives would Water for the project will come from expiration date coincides with the utilize PacifiCorp’s existing Lake the Bureau of Reclamation’s and expiration date for its Menomonie Merwin (FERC Project No. 935) as a Klamath Irrigation District’s ‘‘D’’ Canal. Project, located on the Red Cedar River lower reservoir. The first alternative No new access roads will be needed approximately six miles downstream of would also consist of: (1) a 240-foot- to conduct the studies. the Cedar Falls Project. high dam and 105-acre upper reservoir; l. This notice also consists of the Concurrent expiration dates for both (2) a 26-foot-diameter, 6,800-foot-long following standard paragraphs: A5, A7, projects would be more efficient for all penstock; (3) a powerhouse containing A9, A10, B, C, and D2. interested parties, including the four generating units with a total 3 a. Type of Application: Transfer of Commission and state and federal installed capacity of 700 MW; (4) two License. resource agencies, because 26-foot-diameter, 1,500-foot-long b. Project No.: 2506–018. environmental and other relicensing tailraces; and (5) appurtenant facilities. c. Date filed: July 22, 1996. issues could be addressed concurrently. The second alternative would also d. Applicant: Mead Corporation, The licensee has coordinated its request consist of: (1) a 150-foot-high dam, a Publishing Paper Division. with the State of Wisconsin Department 100-foot-high dam, and an 84-acre e. Name of Project: Escanaba. of Natural Resources and the U.S. Fish upper reservoir; (2) a 24-foot-diameter, f. Location: On the Escanaba River, and Wildlife Service, who have no 3,800-foot-long penstock; (3) a near the township of Escanaba in Delta objection. powerhouse containing three generating and Marquette Counties, Michigan. l. This notice also consists of the units with a total installed capacity of g. File Pursuant to: Federal Power following standard paragraphs: B, C1, 500 MW; (4) two 24-foot-diameter, Act, 16 USC 791(a)–825(r). D2. 1,350-foot-long tailraces; and (5) h. Applicant Contact: 5 a. Type of Application: Joint appurtenant facilities. Mr. Max Curtis, Upper Peninsula Power Application for Transfer of License. No new access roads will be needed Co., 600 Lakeshore Drive, P.O. Box b. Project No.: 8864–012. to conduct the studies. 130, Houghton, Michigan 49931, (906) c. Date Filed: July 16, 1996. l. This notice also consists of the 487–5063. d. Applicants: Weyerhaeuser following standard paragraphs: A5, A7, Ms. Amy S. Koch, McKenna LLP, 1800 Company and Calligan Hydro, Inc. A9, A10, B, C, and D2. M Street, N.W., Suite 600 South e. Name of Project: Calligan Creek 2 a. Type of Application: Preliminary Lobby, Washington, D.C. 20036, (202) Hydroelectric Project. Permit. 466–9270. f. Location: On Calligan Creek in King b. Project No.: 11589–000. i. FERC Contact: Thomas F. Papsidero County, Washington. c. Date filed: July 19, 1996. (202) 219–2715. g. Filed Pursuant to: Federal Power d. Applicant: United Power j. Comment Date: September 30, 1996. Act, 16 USC §§ 791 (a)–825 (r). Corporation. k. Description of Filing: Application h. Contacts: e. Name of Project: Bryant Mountain to transfer the license for the Escanaba Mr. Richard A. Ryon, 7001–396th S.E., Hydroelectric Pumped Storage Project. Project to the Upper Peninsula Power Snoqualmie, WA 98065, (206) 888– f. Location: Partially on lands Company. 2511 ext. 251. administered by the Bureau of Land l. This notice also consists of the Mr. Martin W. Thompson, 19515 North Management, approximately 3 miles following standard paragraphs: B, C2 & Creek Parkway, Suite 310, Bothell, northeast of the town of Malin, in D2. WA 98011–8200, (206) 487–6541. Klamath County, Oregon. Sections 1, 2, 4 a. Type of Application: Amendment i. FERC Contact: Mr. Lynn R. Miles, 11, 12, and 14 in T41S, R12E; Sections of License. (202) 219–2671. 22, 23, 26, 27, 35, and 36 in T40S, R13E; b. Project No.: 2697–007. j. Comment Date: September 27, 1996. Sections 19, 20, 29, 30, and 31 in T40S, c. Date filed: May 13, 1996. k. Description of the Proposed Action: R13E. d. Applicant: Northern States Power The licensee, Weyerhaeuser Company, g. Filed Pursuant to: Federal Power Company. seeks to transfer the project license to Act, 16 U.S.C. § 791(a)–825(r). e. Name of Project: Cedar Falls. Calligan Hydro, Inc. h. Applicant Contact: United Power f. Location: On the Red Cedar River, l. This notice also consists of the Corporation, Mr. Bart O’Keeffe, P.O. Box in Dunn County, Wisconsin. following standard paragraphs: B, C2, 245, Byron, CA 94514, 510–634–1550. g. File Pursuant to: Federal Power and D2. i. FERC Contact: Mr. Michael Act, 16 USC 791(a)–825(r). 6 a. Type of Application: Joint Strzelecki, (202) 219–2827. h. Applicant Contact: Application for Transfer of License. Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43355

b. Project No.: 9025–008. c. Date filed: July 29, 1996. 2200 Wright Street, Marquette, c. Date Filed: July 16, 1996. d. Submitted By: Board of Light and Michigan 49855, (906) 228–0320. d. Applicants: Weyerhaeuser Power, City of Marquette, Michigan, l. FERC contact: Charles T. Raabe Company and Hancock Hydro, Inc. current licensee. (202) 219–2811. e. Name of Project: Hancock Creek e. Name of Project: Marquette. m. Pursuant to 18 CFR 16.8, 16.9, and Hydroelectric Project. f. Location: On the Dead River, in 16.10 each application for a new license f. Location: On Hancock Creek in King Marquette County, Michigan. and any competing license applications County, Washington. g. Filed Pursuant to: Section 15 of the must be filed with the Commission at g. Filed Pursuant to: Federal Power Federal Power Act, 18 CFR 16.6 of the least 24 months prior to the expiration Act, 16 USC §§ 791 (a)–825 (r). Commission’s regulations. of the existing license. All applications h. Contacts: h. Effective date of original license: for license for this project must be filed Mr. Richard A. Ryon, 7001–396th S.E., April 1, 1962. by July 30, 1999. i. Expiration date of original license: Snoqualmie, WA 98065, (206) 888– 9 a. Type of Action: Proceeding July 30, 2001. Pursuant to Article 408, Proposed 2511 ext. 251. j. The project consists of three Mr. Martin W. Thompson, 19515 North Amendment of License for Whitewater developments: Boating. Creek Parkway, Suite 310, Bothell, (1) Development No. 1, comprising: WA 98011–8200, (206) 487–6541. b. Project No: 9690–025. (a) Dam No. 2 (Upper Dam), a 425-foot- c. License Issued: April 14, 1992. i. FERC Contact: Mr. Lynn R. Miles, long, 55-foot-high concrete structure d. Licensee: Orange and Rockland (202) 219–2671. consisting of a 202-foot-long overflow Utilities, Inc. j. Comment Date: September 27, 1996. section with spillway crest elevation e. Name of Project: Rio Project. k. Description of the Proposed Action: 770.98 feet NGVD, a short closed f. Location: Mongaup River in Orange The licensee, Weyerhaeuser Company, section, a 33-foot-wide penstock intake and Sullivan Counties, New York. seeks to transfer the project license to section with trash racks, headgates, and g. Filed Pursuant to: Federal Power Hancock Hydro, Inc. a gate house, and an abutment wall; (b) Act, 16 U.S.C. 791(a)–825(r) and Article l. This notice also consists of the the Forestville Reservoir, having a 106- 408 of project license. following standard paragraphs: B, C2, acre surface area; and (c) appurtenant h. Licensee Contact: Mr. Hans Hasnay, and D2. facilities; Orange and Rockland Utilities, Inc., One 7a. Type of Application: Preliminary (2) Development No. 2, comprising: Blue Hill Plaza, Pearl River, NY 10965, Permit. (a) A 90-inch-diameter, 4,167-foot-long (914) 577–2648. b. Project No.: 11588–000. woodstave pipeline from Dam No. 2 to i. FERC Contact: Heather Campbell, c. Date filed: July 15, 1996. a 30-foot-diameter concrete surge tank, (202) 219–3097. d. Applicant: Alaska Power and and two 78-inch-diameter, 450-foot-long j. Comment Date: September 23, 1996. Telephone Company. steel penstocks from the surge tank to k. Description of Proposal: Pursuant e. Name of Project: Otter Creek. Plant No. 2; (b) Plant No. 2, a to article 408, the Commission staff is f. Location: On the Kasidaya Creek, powerhouse containing an installed considering revising the approved within City of Skagway City Limits (S.E. generating capacity of 3,200-kW; (c) whitewater boating release schedule to Alaska), Alaska, partially within the generator leads to the 2-phase provide for scheduled two-turbine Tongass National Forest. switchyard; (d) one 2-phase bus and one releases. These two-turbine releases are g. Filed Pursuant to: Federal Power 3-phase bus; (e) two 2,000-kVA currently taking place at the discretion Act, 16 U.S.C., § 791(a)–825(r). transformers; and (f) appurtenant of the licensee when ample water is h. Applicant Contact: Mr. Robert S. facilities. present. Grimm, President, Alaska Power and (3) Development No. 3, comprising: A public notice was issued on July 17, Telephone Company, P.O. Box 222, Port (a) Dam No. 3 (Lower Dam), a 970-foot- 1996 with a comment date of August 23, Townsend, WA 98368, (206) 385–1733. long, 20-foot-high structure, consisting 1996. On August 5, 1996, the Upper i. FERC Contact: Mr. Hector M. Perez, of a 79-foot-long concrete overflow Delaware Council requested an (202) 219–2843. section with spillway crest elevation extension of 30 days for comments. This j. Comment Date: October 24, 1996. 638.0 feet NGVD, a gated section having notice is to inform all parties that k. Description of Project: The two 10-foot-wide, 10-foot-high tainter comments on the proposal to amend the proposed project would consist of: (1) a gates, an embankment section having license will be accepted until September 30-foot-long, 15-foot-high concrete or continuous reinforced concrete 23, 1996. wood crib diversion structure and a corewalls, and a 21-foot-wide penstock l. This notice also consists of the screened intake; (2) a small intake section with trashracks and a following standard paragraphs: B, C1, impoundment with a surface area of headgate; (b) a one-mile-long, 110-acre and D2. about 5 acres; (3) a 42-inch-diameter surface area reservoir; (c) a 96-inch- Standard Paragraphs and 3,000-foot-long penstock; (4) a diameter, 139-foot-long steel penstock; prefabricated metal powerhouse with an (d) Plant No. 3, a powerhouse A5. Preliminary Permit—Anyone installed capacity of 4.5 Kw; (5) a short containing an installed generating desiring to file a competing application tailrace; (6) a 35–Kv transmission line capacity of 700-kW; (e) generator leads; for preliminary permit for a proposed connecting the project to the (f) a bank of 2,400/7,200-volt project must submit the competing distribution system of the Dewey Lakes transformers; (g) a 1.66-mile-long, 7,200- application itself, or a notice of intent to Project No. 1051; and (6) other volt transmission line to the 3-phase file such an application, to the appurtenances. side of the switchyard at Plant No. 2; Commission on or before the specified l. This notice also consists of the and (h) appurtenant facilities. comment date for the particular following standard paragraphs: A5, A7, The project has a total installed application (see 18 CFR 4.36). A9, A10, B, C, and D2. capacity of 3,900-kW. Submission of a timely notice of intent 8 a. Type of filing: Notice of Intent to k. Pursuant to 18 CFR 16.7, allows an interested person to file the File An Application for a New License. information on the project is available competing preliminary permit b. Project No.: 2589. at: Marquette Board of Light and Power, application no later than 30 days after 43356 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices the specified comment date for the party to the proceeding. Any comments, ‘‘MOTION TO INTERVENE,’’ as particular application. A competing protests, or motions to intervene must applicable, and the Project Number of preliminary permit application must be received on or before the specified the particular application to which the conform with 18 CFR 4.30(b) and 4.36. comment date for the particular filing refers. Any of these documents A7. Preliminary Permit—Any application. must be filed by providing the original qualified development applicant C. Filing and Service of Responsive and the number of copies provided by desiring to file a competing Documents—Any filings must bear in the Commission’s regulations to: The development application must submit to all capital letters the title Secretary, Federal Energy Regulatory the Commission, on or before a ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT Commission, 888 First Street, N.E., specified comment date for the TO FILE COMPETING APPLICATION’’, Washington, D.C. 20426. A copy of a particular application, either a ‘‘COMPETING APPLICATION’’, notice of intent, competing application, competing development application or a ‘‘PROTEST’’, ‘‘MOTION TO or motion to intervene must also be notice of intent to file such an INTERVENE’’, as applicable, and the served upon each representative of the application. Submission of a timely Project Number of the particular Applicant specified in the particular notice of intent to file a development application to which the filing refers. application. application allows an interested person Any of the above-named documents D2. Agency Comments—Federal, to file the competing application no must be filed by providing the original later than 120 days after the specified and the number of copies provided by state, and local agencies are invited to comment date for the particular the Commission’s regulations to: The file comments on the described application. A competing license Secretary, Federal Energy Regulatory application. A copy of the application application must conform with 18 CFR Commission, 888 First Street, N.E., may be obtained by agencies directly 4.30(b) and 4.36. Washington, D.C. 20426. An additional from the Applicant. If an agency does A9. Notice of intent—A notice of copy must be sent to Director, Division not file comments within the time intent must specify the exact name, of Project Review, Federal Energy specified for filing comments, it will be business address, and telephone number Regulatory Commission, at the above- presumed to have no comments. One of the prospective applicant, and must mentioned address. A copy of any copy of an agency’s comments must also include an unequivocal statement of notice of intent, competing application be sent to the Applicant’s intent to submit, if such an application or motion to intervene must also be representatives. may be filed, either a preliminary served upon each representative of the Dated: August 16, 1996 Washington, D. C. permit application or a development Applicant specified in the particular Lois D. Cashell, application (specify which type of application. Secretary. application). A notice of intent must be C1. Filing and Service of Responsive [FR Doc. 96–21411 Filed 8–21–96; 8:45 am] served on the applicant(s) named in this Documents—Any filings must bear in BILLING CODE 6717±01±P public notice. all capital letters the title A10. Proposed Scope of Studies under ‘‘COMMENTS’’, Permit—A preliminary permit, if issued, ‘‘RECOMMENDATIONS FOR TERMS Office of Hearings and Appeals does not authorize construction. The AND CONDITIONS’’, ‘‘PROTEST’’, OR term of the proposed preliminary permit ‘‘MOTION TO INTERVENE’’, as Notice of Cases Filed; Week of May 27 would be 36 months. The work applicable, and the Project Number of Through May 31, 1996 proposed under the preliminary permit the particular application to which the would include economic analysis, filing refers. Any of the above-named During the week of May 27 through preparation of preliminary engineering documents must be filed by providing May 31, 1996, the appeals, applications, plans, and a study of environmental the original and the number of copies petitions or other requests listed in this impacts. Based on the results of these provided by the Commission’s Notice were filed with the Office of studies, the Applicant would decide regulations to: The Secretary, Federal Hearings and Appeals of the Department whether to proceed with the preparation Energy Regulatory Commission, 888 of Energy. of a development application to First Street, N.E., Washington, D.C. Any person who will be aggrieved by construct and operate the project. 20426. A copy of any motion to the DOE action sought in any of these B. Comments, Protests, or Motions to intervene must also be served upon each cases may file written comments on the Intervene—Anyone may submit representative of the Applicant application within ten days of comments, a protest, or a motion to specified in the particular application. publication of this Notice or the date of intervene in accordance with the C2. Filing and Service of Responsive receipt of actual notice, whichever requirements of Rules of Practice and Documents—Any filings must bear in occurs first. All such comments shall be Procedure, 18 CFR 385.210, 385.211, all capital letters the title filed with the Office of Hearings and 385.214. In determining the appropriate ‘‘COMMENTS,’’ Appeals, Department of Energy, action to take, the Commission will ‘‘RECOMMENDATIONS FOR TERMS Washington, DC 20585–0107. consider all protests or other comments AND CONDITIONS,’’ ‘‘NOTICE OF filed, but only those who file a motion INTENT TO FILE COMPETING Dated: August 15, 1996. to intervene in accordance with the APPLICATION,’’ ‘‘COMPETING George B. Breznay, Commission’s Rules may become a APPLICATION,’’ ‘‘PROTEST,’’ or Director, Office of Hearings and Appeals. Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43357

LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALS [Week of May 27 through May 31, 1996]

Date Name and location of applicant Case No. Type of submission

May 28, 1996 ...... Anibal L. Taboas, Argonne, Illinois VFA±0171 Appeal of an information request denial. If granted: The May 17, 1996 Freedom of Information Request Denial issued by Chicago Oper- ations Office would be rescinded, and Anibal L. Taboas would re- ceive access to certain DOE information. May 29, 1996 ...... Bradley S. Tice, Cupertino, Califor- VFA±0172 Appeal of an information request denial. If granted: The May 8, 1996 nia. Freedom of Information Request Denial issued by Albuquerque Op- erations Office would be rescinded, and Bradley S. Tice would re- ceive access to certain DOE information. Do ...... M. Spiegel & Sons, Inc., Washing- RR265±4 Request for modification/rescission in the Getty Refund Proceeding. If ton, DC. granted: The May 3, 1993 Decision and Order, Case Number RF265±2300, issued to M. Spiegel & Sons, Inc., would be modified regarding the firm's application for refund submitted in the Getty re- fund proceeding. May 30, 1996 ...... Lyondell Petrochemical Co., RR272±239 Request for modification/rescission in the crude oil refund proceeding. Washington, DC. If granted: The May 3, 1996 Decision and Order, Case No. RG272± 532, issued to Lyondell Petrochemical Co. would be modified re- garding the firm's application for refund submitted in the Crude Oil refund proceeding. May 31, 1996 ...... Lovelace Gas Service, Inc., Wash- VCX±0008 Supplemental Order. If granted: The May 11, 1995 Decision and ington, DC. Order, Case Number LEE±0131, issued to Lovelace Gas Service, Inc. by the Office of Hearings and Appeals would be modified in connection with a May 21, 1996 Order issued by the Federal En- ergy Regulatory Commission. Do ...... Middleton Oil Company, Inc., VEE±0025 Exception to the reporting requirements. If granted: Middleton Oil Greenville, AL. Company, Inc. would not be required to file Form EIA±782B, Re- sellers'/Retailers' Monthly Petroleum Product Sales Report. Do ...... Mystic Fuel, Inc., Washington, DC RR300±284 Request for modification/rescission in the Gulf Refund Proceeding. If granted: The March 6, 1996 Dismissal Letter, Case Number RF300±20396, issued to Mystic Fuel, Inc. would be modified re- garding the firm's application for refund submitted in the Gulf refund proceeding.

REFUND APPLICATIONS RECEIVED [Week of May 27 through May 31, 1996]

Name of refund proceeding/name of refund Date received applicant Case No.

5/27/96 thru 5/31/96 ...... Citronelle Refund Applications ...... RF345±51 thru RF345±68. 5/27/96 thru 5/31/96 ...... Crude Oil Refund Applications ...... RK272±3566 thru RK272±3578. 5/27/96 thru 5/31/96 ...... Vessels Gas Refund Applications ...... RF354±8 thru RF354±9.

[FR Doc. 96–21406 Filed 8–21–96; 8:45 am] petitions or other requests listed in this occurs first. All such comments shall be BILLING CODE 6450±01±P Notice were filed with the Office of filed with the Office of Hearings and Hearings and Appeals of the Department Appeals, Department of Energy, of Energy. Washington, D.C. 20585–0107. Office of Hearing and Appeals Any person who will be aggrieved by Dated: August 15, 1996. the DOE action sought in these cases Notice of Cases Filed; Week of June 3 George B. Breznay, Through June 7, 1996 may file written comments on the application within ten days of Director, Office of Hearings and Appeals. During the Week of June 3 through publication of this Notice or the date of June 7, 1996, the appeals, applications, receipt of actual notice, whichever

LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALS [Week of June 3 through June 7, 1996]

Date Name and location of applicant Case No. Type of submission

June 4, 1996 ...... Association of Public Agency Cus- VFA±0174 Appeal of an information request denial. If granted: The Association of tomers, Portland, Oregon. Public Agency Customers would receive a waiver of all fees in- curred in the processing of their Freedom of Information Request for certain DOE information. 43358 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALSÐContinued [Week of June 3 through June 7, 1996]

Date Name and location of applicant Case No. Type of submission

Do ...... David W. Smith, Borger, Texas ..... VFA±0173 Appeal of an information request denial. If granted: The May 9, 1996 Freedom of Information Request Denial issued by Albuquerque Op- erations Office would be rescinded, and David W. Smith would re- ceive access to certain DOE information. June 5, 1996 ...... Marlene Flor, Albuquerque, New VFA±0175 Appeal of an information request denial. If granted: Marlene Flor Mexico. would receive a waiver of all fees incurred in the processing of her Freedom of Information Request for certain DOE information. June 6, 1996 ...... Pittsburgh Naval Reactors Office, VSA±0082 Request for review of opinion under 10 CFR part 710. If granted: The West Mifflin, Pennsylvania. April 22, 1996 Opinion of an Office of Hearings and Appeals Hear- ing Officer, Case No. VSO±0082, would be reviewed at the request of an individual employed at the Pittsburgh Naval Reactors Office. Do ...... Savannah River Operations Office, VSO±0098 Request for hearing under 10 CFR. part 710. If granted: An individual Aiken, South Carolina. employed at the Savannah River Operations Office would receive a hearing under 10 CFR Part 710.

REFUND APPLICATIONS RECEIVED [Week of June 3 through June 7, 1996]

Name of refund proceeding/name of refund Date received applicant Case No.

6/3/96 thru 6/7/96 ...... Crude Oil Refund Applications ...... RK272±3579 thru RK272±3589.

[FR Doc. 96–21407 Filed 8–21–96; 8:45 am] applications, petitions or other requests receipt of actual notice, whichever BILLING CODE 6450±01±P listed in this Notice were filed with the occurs first. All such comments shall be Office of Hearings and Appeals of the filed with the Office of Hearings and Department of Energy. Appeals, Department of Energy, Notice of Cases Filed With the Office Any person who will be aggrieved by Washington, DC 20585–0107. of Hearings and Appeals; Week of the DOE action sought in any of these June 10 Through June 14, 1996 Dated: August 15, 1996. cases may file written comments on the George B. Breznay, During the Week of June 10 through application within ten days of Director, Office of Hearings and Appeals. June 14, 1996, the appeals, and publication of this Notice or the date of

LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALS [Week of June 10 through June 14, 1996]

Date Name and location of applicant Case No. Type of submission

June 10, 1996 ...... Burlin McKinney, Oliver Springs, VFA±0177 Appeal of an information request denial. If granted: The May 20, 1996 Tennessee Freedom of Information Request Denial issued by the Office of Human Radiation Experiments would be rescinded, and Burlin McKinney would receive access to certain DOE information. Do ...... C. Lawrence Cornett, Washington, VWX±0009 Order to show cause. If granted: OHA will convene a hearing to per- DC mit C. Lawrence Cornett to show cause why his complaint to the Office of Contractor Employee Protection and Request for Hearing pursuant to 10 CFR Part 708 should not be dismissed. Do ...... Tenaska Washington Partners II, VFA±0176 Appeal of an information request denial. If granted: The May 21, 1996 Portland, Oregon Freedom of Information Request Denial issued by the Bonneville Power Administration would be rescinded, and Tenaska Washing- ton Partners II would receive access to certain DOE information. Do ...... J. Enterprises, Inc., Swansea, VEE±0027 Exception to the reporting requirements. If granted: J. Enterprises, Massachusetts Inc. would not be required to file Form EIA±782B, ``Resellers'/Re- tailers' Monthly Petroleum Product Sales Report.'' June 11, 1996 ...... R.W. Hays Co., Medford, Oregon VEE±0026 Exception to the reporting requirements. If granted: R.W. Hays Co. would not be required to file Form EIA±782B, ``Resellers'/Retailers' Monthly Petroleum Product Sales Report.'' June 10, 1996 ...... William H. Payne, Albuquerque, VFA±0178 Appeal of an information request denial. If granted: The March 18, New Mexico 1996 Freedom of Information Request Denial issued by the Kirtland Area Office would be rescinded, and William H. Payne would re- ceive access to all of the investigation reports requested. Do ...... Albuquerque Operations Office, Al- VSO±0099 Request for hearing under 10 CFR. Part 710. If granted: An individual buquerque, New Mexico employed at Albuquerque Operations Office would receive a hear- ing under 10 CFR Part 710. Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43359

LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALSÐContinued [Week of June 10 through June 14, 1996]

Date Name and location of applicant Case No. Type of submission

Do ...... Ronny J. Escamilla, Washington, VWA±0012 Request for hearing under DOE contractor employee protection pro- D.C gram. If granted: A Hearing under 10 CFR Part 708 would be held concerning the complaint of Mr. Ronny J. Escamilla that reprisals were taken by management officials of Systems Engineering & Management Associates, Incorporation, as a consequence of the disclosure to the Office of the Inspector General of certain safety/ health concerns. Do ...... Glen Milner, Seattle, Washington VFA±0179 Appeal of an information request denial. If granted: The May 29, 1996 Freedom of Information Request Denial issued by the Office of De- fense Programs would be rescinded, and Glen Milner would receive access to certain DOE information.

[FR Doc. 96–21408 Filed 8–21–96; 8:45 am] applications, petitions or other requests receipt of actual notice, whichever BILLING CODE 6450±01±P listed in this Notice were filed with the occurs first. All such comments shall be Office of Hearings and Appeals of the filed with the Office of Hearings and Department of Energy. Appeals, Department of Energy, Notice of Cases Filed With the Office Any person who will be aggrieved by Washington, DC 20585–0107. of Hearings and Appeals; Week of the DOE action sought in any of these June 17 Through June 21, 1996 Dated: August 15, 1996. cases may file written comments on the George B. Breznay, During the week of June 17 through application within ten days of Director, Office of Hearings and Appeals. June 21, 1996, the appeals, and publication of this Notice or the date of

LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALS [Week of June 17 through June 21, 1996]

Date Name and location of applicant Case No. Type of submission

June 17, 1996 ...... Burns Concrete, Inc., Idaho Falls, VFA±0182 Appeal of an information request denial. If granted: April 26, 1996 Idaho. Freedom of Information Request Denial issued by the Pittsburgh Naval Reactors Office would be rescinded, and Burns Concrete, Inc. would receive access to certain DOE information. Do ...... U.S. Solar Roof, Bothell, Washing- VFA±0180 Appeal of an information request denial. If granted: The June 5, 1996 ton. and VFA± Freedom of Information Request Denial issued by the Office of Util- 0181 ity Technologies would be rescinded, and U.S. Solar Roof would re- ceive access to certain DOE information. June 18, 1996 ...... Laney Oil Co., Inc., Monroe, North VEE±0028 Exception to the reporting requirements. If granted: Laney Oil Co., Carolina. Inc. would not be required to file Form EIA±782B Reseller's/Retail- er's Monthly Petroleum Product Sales Report. June 20, 1996 ...... Charlie Nichols Contractor, Globe, LFA±0409 Request for modification/rescission in the crude oil refund proceeding. Arizona. If granted: The April 18, 1994 Dismissal, Case No. RF272±92955, issued to Charlie Nichols Contractor would be modified regarding the firm's application for refund submitted in the crude oil refund proceeding. June 21, 1996 ...... Oak Ridge Operations, Oak Ridge, VSO±0100 Request for hearing under 10 CFR part 710. If granted: An individual Tennessee. employed at Oak Ridge Operations Office would receive a hearing under 10 CFR part 710. Do ...... Oak Ridge Operations, Oak Ridge, VSO±0101 Request for hearing under 10 CFR part 710. If granted: An individual Tennessee. employed at Oak Ridge Operations Office would receive a hearing under 10 CFR part 710. Do ...... Richard Joslin, Portland, Oregon VFA±0183 Appeal of an information request denial. If granted: The June 17, 1996 Freedom of Information Request Denial issued by the Bonne- ville Power Administration would be rescinded, and Richard Joslin would receive access to certain DOE information.

[FR Doc. 96–21409 Filed 8–21–96; 8:45 am] petitions or other requests listed in this occurs first. All such comments shall be BILLING CODE 6450±01±P Notice were filed with the Office of filed with the Office of Hearings and Hearings and Appeals of the Department Appeals, Department of Energy, of Energy. Any person who will be Washington, DC 20585–0107. Notice of Cases Filed With the Office aggrieved by the DOE action sought in Dated: August 15, 1996. of Hearings and Appeals; Week of these cases may file written comments George B. Breznay, June 24 Through June 28, 1996 on the application within ten days of Director, Office of Hearings and Appeals. During the Week of June 24 through publication of this Notice or the date of June 28, 1996, the appeals, applications, receipt of actual notice, whichever 43360 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALS [Week of June 24, through June 28, 1996]

Date Name and location of applicant Case No. Type of submission

June 24,1996 ...... Marlene Flor, Albuquerque, New VFA±0184 Appeal of an information request denial. If granted: The May 16, 1996 Mexico. Freedom of Information Request Denial issued by Albuquerque Op- erations Office would be rescinded, and Marlene Flor would receive access to certain DOE information. Do ...... Mississippi, Jackson, Mississippi ... RQ23±610 Application for second stage charter refund. If granted: The second stage refund application submitted by Mississippi in the Charter Re- fund Proceeding would be granted. Do ...... Motor Transport Company, Mem- RR272±241 Request for modification/rescission in the crude oil refund proceeding. phis, Tennessee. If granted: The May 17, 1996 Decision and Order, Case Number RF272±78490, issued to Motor Transport Company would be modi- fied regarding the firm's application for refund submitted in the Crude Oil Refund Proceeding. June 26, 1996 ...... Albuquerque Operations Office, Al- VSO±0102 Request for hearing under 10 CFR part 710. If granted: An individual buquerque, New Mexico. employed at Albuquerque Operations Office would receive a hear- ing under 10 CFR part 710. Do ...... Greenpeace, Washington, D.C ...... VFA±0186 Appeal of an information request denial. If granted: The June 5, 1996, Freedom of Information Request Denial issued by the Office of the Assistant Secretary for Defense Programs would be rescinded, and Greenpeace would receive access to certain DOE information. Do ...... Vernon J. Brechin, Mountain View, VFA±0185 Appeal of an information request denial. If granted: The June 10, California. 1996 Freedom of Information Request Denial issued by Nevada Operations Office would be rescinded, and Vernon J. Brechin would receive access to certain DOE information. June 27, 1996 ...... Albuquerque Operations Office, Al- VSA±0077 Request for review of opinion under 10 CFR part 710. If granted: The buquerque, New Mexico. May 23, 1996 Opinion of the Office of Hearings and Appeals, Case No. VSO±0077, would be reviewed at the request of an individual employed at Albuquerque Operations Office. June 28, 1996 ...... Betty B. Plank, Vancouver, Wash- VFA±0187 Appeal of an Information request denial. If granted: The May 29, 1996 ington. Freedom of Information Request Denial issued by Albuquerque Op- erations Office would be rescinded, and Betty B. Plank would re- ceive access to certain DOE information.

[FR Doc. 96–21410 Filed 8–21–96; 8:45 am] FEDERAL COMMUNICATIONS application for renewal of broadcast BILLING CODE 6450±01±P COMMISSION license Renewal Application Designated for Hearing 1. The Assistant Chief, Audio Services Division, has before him the following

MM Licensee City/State File No. docket No.

Chester Broadcasting Company, Chester, South Carolina ...... BR±950726YG 96±169 Inc.

(seeking renewal of the license for (c) To determine, in light of the Federal Communications Commission. WGCD(AM)) evidence adduced pursuant to the Stuart B. Bedell, 2. Pursuant to Section 309(e) of the foregoing issues, whether grant of the Assistant Chief, Audio Services Division, Communications Act of 1934, as subject renewal of license application Mass Media Bureau. amended, the above application has would service the public interest, [FR Doc. 96–21352 Filed 8–21–96; 8:45 am] been designated for hearing in a convenience and necessity. BILLING CODE 6712±01±P proceeding upon the following issues: A copy of the complete HDO in this (a) To determine whether Chester proceeding is available for inspection Broadcasting Company, Inc. has the and copying during normal business FEDERAL MARITIME COMMISSION capability and intent to expeditiously hours in the FCC Dockets Branch (Room resume the broadcast operations of 239), 1919 M Street, NW., Washington, Ocean Freight Forwarder License WGCD(AM), consistent with the DC. The complete text may also be Applicants Commission’s Rules. purchased from the Commission’s (b) To determine whether Chester duplicating contractor, International Notice is hereby given that the Broadcasting Company, Inc. has Transcription Service, 2100 M Street, following applicants have filed with the violated Sections 73.1740 and/or NW., Suite 140, Washington, DC 20037 Federal Maritime Commission 73.1750 of the Commission’s Rules. (telephone 202–857–3800). applications for licenses as ocean freight Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43361 forwarders pursuant to section 19 of the nonbanking company can ‘‘reasonably North Pearl Street, Dallas, Texas 75201- Shipping Act of 1984 (46 U.S.C. app. be expected to produce benefits to the 2272: 1718 and 46 CFR 510). public, such as greater convenience, 1. First International Bancshares, Inc., Persons knowing of any reason why increased competition, or gains in Corpus Christi, Texas; to become a bank any of the following applicants should efficiency, that outweigh possible holding company by acquiring 100 not receive a license are requested to adverse effects, such as undue percent of the voting shares of Delaware contact the Office of Freight Forwarders, concentration of resources, decreased or International Bancshares, Inc., Dover, Federal Maritime Commission, unfair competition, conflicts of Delaware, and thereby indirectly Washington, DC 20573. interests, or unsound banking practices’’ acquire The International Bank, Corpus Armando’s Freight Forwarders, 3446 W. (12 U.S.C. 1843). Any request for Christi, Texas. Irving Park, Chicago, IL 60618, Armando L. a hearing must be accompanied by a 2. Delaware International Bancshares, Rosales, Jr., Sole Proprietor statement of the reasons a written Inc., Dover, Delaware; to become a bank KFS, Inc., 756 Port America Place, Suite presentation would not suffice in lieu of holding company by acquiring 100 700, Grapevine, TX 76051, Officers: James F. a hearing, identifying specifically any percent of the voting shares of The Keller, President, Matthew J. Keller, Vice questions of fact that are in dispute, International Bank, Corpus Christi, President summarizing the evidence that would Texas. Cortina & Roth, Inc., 2801 N.W. 74th Avenue, Suite 204, Miami, FL 33122, be presented at a hearing, and indicating Board of Governors of the Federal Reserve Officers: Carlos E. Cortina, President, Linda how the party commenting would be System, August 16, 1996. Roth-Cortina, Vice President aggrieved by approval of the proposal. Jennifer J. Johnson Alpi USA Inc., 156–15 146th Avenue, Suite Unless otherwise noted, nonbanking Deputy Secretary of the Board 110, Jamaica, NY 11434, Officers: Piero activities will be conducted throughout [FR Doc. 96–21413 Filed 8–21–96; 8:45 am] Albini, President, Cathy Ingebrethsen, the United States. BILLING CODE 6210±01±F Secretary/Treasurer Unless otherwise noted, comments Global Marine Services, Inc., 12705 Caron regarding each of these applications Drive, Jacksonville, FL 32258, Officer: Julie must be received at the Reserve Bank Formations of, Acquisitions by, and A. Fernandez, President. indicated or the offices of the Board of Dated: August 16, 1996. Mergers of Bank Holding Companies; Governors not later than September 16, Correction Joseph T. Farrell, 1996. Acting Secretary. A. Federal Reserve Bank of Atlanta This notice corrects a notice (FR Doc. [FR Doc. 96–21372 Filed 8–21–96; 8:45 am] (Zane R. Kelley, Vice President) 104 96-17095) published on page 35215 - BILLING CODE 6730±01±M Marietta Street, N.W., Atlanta, Georgia 35216 of the issue for Friday, July 5, 30303: 1996. 1. 1st United Bancorp, Boca Raton, Under the Federal Reserve Bank of FEDERAL RESERVE SYSTEM Florida; to acquire 100 percent of the San Francisco heading, the entry for voting shares of Park Bancshares, Inc., Eggemeyer Corp., Castle Creek Capital Formations of, Acquisitions by, and Boca Raton, Florida, and thereby Partners Fund—I, L.P., Castle Creek Mergers of Bank Holding Companies indirectly acquire First National Bank of Capital, L.L.C., is revised to read as Lake Park, Lake Park, Florida. follows: The companies listed in this notice B. Federal Reserve Bank of Chicago 1. Eggemeyer Advisory Corp., Castle have applied to the Board for approval, (James A. Bluemle, Vice President) 230 Creek Capital Partners Fund—I, L.P., pursuant to the Bank Holding Company South LaSalle Street, Chicago, Illinois and Castle Creek Capital, L.L.C., all of Act of 1956 (12 U.S.C. 1841 et seq.) 60690: Chicago, Illinois; to become bank (BHC Act), Regulation Y (12 CFR Part 1. Kerkhoff L.P., to become a bank holding companies by acquiring more 225), and all other applicable statutes holding company by acquiring 34.60 than 25 percent of the voting shares of and regulations to become a bank percent of the voting shares of Monarch Bancorp, Laguna Niguel, holding company and/or to acquire the Southwest Financial Group of Iowa, California, and thereby indirectly assets or the ownership of, control of, or Inc., and thereby indirectly acquire acquire control of Monarch Bank, the power to vote shares of a bank or Houghton State Bank, all of Red Oak, Laguna Niguel, California, and Western bank holding company and all of the Iowa. Bank, Los Angeles, California. banks and nonbanking companies C. Federal Reserve Bank of St. Louis Comments on this application must owned by the bank holding company, (Randall C. Sumner, Vice President) 411 be received by September 3, 1996. including the companies listed below. Locust Street, St. Louis, Missouri 63166: Board of Governors of the Federal Reserve The applications listed below, as well 1. River Valley Bancorp, to become a System, August 16, 1996. as other related filings required by the bank holding company by acquiring 100 Jennifer J. Johnson, Board, are available for immediate percent of the voting shares of Citizens Deputy Secretary of the Board. inspection at the Federal Reserve Bank National Bank of Madison, both of [FR Doc. 96–21415 Filed 8–21–96; 8:45 am] indicated. Once the application has Madison, Indiana. been accepted for processing, it will also In connection with this application, BILLING CODE 6210±01±F be available for inspection at the offices River Valley Bancorp also has applied to of the Board of Governors. Interested acquire Madison First Federal Savings Notice of Proposals To Engage in persons may express their views in and Loan Association, Madison, Permissible Nonbanking Activities or writing on the standards enumerated in Indiana, and thereby engage in the To Acquire Companies That are the BHC Act (12 U.S.C. 1842(c)). If the operation of a savings association, Engage in Permissible Nonbanking proposal also involves the acquisition of pursuant to § 225.25(b)(9) of the Board’s Activities; Correction a nonbanking company, the review also Regulation Y; and to engage in making includes whether the acquisition of the and servicing loans pursuant to § This notice corrects a notice (FR Doc. nonbanking company complies with the 225.25(b)(1) of the Board’s Regulation Y. 96-20678) published on pages 42251 - standards in section 4 of the BHC Act, D. Federal Reserve Bank of Dallas 42252 of the issue for Wednesday, including whether the acquisition of the (Genie D. Short, Vice President) 2200 August 14, 1996. 43362 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

Under the Federal Reserve Bank of FEDERAL TRADE COMMISSION and requires that notice of this action be Chicago heading, the entry for Capitol published in the Federal Register. Granting of Request for Early Bankshares, Inc., is revised to read as The following transactions were Termination of the Waiting Period follows: granted early termination of the waiting 1. Capitol Bankshares, Inc., Madison, Under the Premerger Notification Wisconsin; to engage de novo through Rules period provided by law and the its subsidiary Capitol Mortgage premerger notification rules. The grants Section 7A of the Clayton Act, 15 Corporation, Madison, Wisconsin, in were made by the Federal Trade U.S.C. § 18a, as added by Title II of the making and servicing loans pursuant to Commission and the Assistant Attorney Hart-Scott-Rodino Antitrust § 225.25(b)(1) of the Board’s Regulation General for the Antitrust Division of the Improvements Act of 1976, requires Y. Department of Justice. Neither agency Comments on this application must persons contemplating certain mergers intends to take any action with respect be received by August 23, 1996. or acquisitions to give the Federal Trade to these proposed acquisitions during Commission and the Assistant Attorney the applicable waiting period. Board of Governors of the Federal Reserve General advance notice and to wait System, August 16, 1996. designated periods before Jennifer J. Johnson, consummation of such plans. Section Deputy Secretary of the Board. 7A(b)(2) of the Act permits the agencies, [FR Doc. 96–21414 Filed 8–21–96; 8:45 am] in individual cases, to terminate this BILLING CODE 6210±01±F waiting period prior to its expiration

TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN: 072996 AND 080996

Date Name of acquiring person, name of acquired person, and name of acquired entity PMN No. terminated

Baxter International Inc., Nestle, S.A. (a Swiss company), Clintec Nutrition Company ...... 96±2373 07/29/96 Philip F. Anschutz, Union Pacific Corporation, Union Pacific Corporation ...... 96±2375 07/29/96 FrontierVision Partners, L.P., VS&A Communications Partners, L.P., Triax Southeast Associates, L.P ...... 96±2382 07/29/96 Nationwide Mutual Insurance Company, Lane Investment Limited Partnership, Secret Communications Limited Partnership ...... 96±2394 07/29/96 Assurance Generales de France, ACI Holding, Inc., ACI Holding Inc ...... 96±2396 07/29/96 Bay Networks, Inc., Penril DataComm Networks, Inc., Penril DataComm Networks, Inc ...... 96±2417 07/29/96 MascoTech, Inc., The Estate of David J. McGrath, Jr., Pioneer Acquisition Corporation ...... 96±2420 07/29/96 A. Jerrold Perenchio, A. Jerrold Perenchio, The Univision Network Holding Limited Partnership ...... 96±2425 07/29/96 Anheuser-Busch Companies, Inc., Glenn Goodman, Twin City Distributors, Inc ...... 96±2445 07/29/96 Anheuser-Busch Companies, Inc., Robert E. Goodman, Twin City Distributors, Inc ...... 96±2446 07/29/96 Casino America, Inc., Edward J. DeBartolo, Jr., Louisiana Riverboat Gaming Partnership ...... 96±2449 07/29/96 Casino America, Inc., Casino America, Inc., Louisiana Riverboat Gaming Partnership ...... 96±2450 07/29/96 General Re Corporation, National Re Corporation, National Re Corporation ...... 96±2460 07/29/96 VEBA AG, Nalco Chemical Company, Nalco Chemical Company ...... 96±2462 07/29/96 Moorman Manufacturing Company, Randall A. Gormley, Gormley & Company, Inc ...... 96±2473 07/29/96 Bankers Trust New York Corporation, Dorothy D. Park, RHP Incorporated ...... 96±2487 07/29/96 Michael Wilkinson, McLouth Steel Products Corporation, McLouth Steel Products Corporation ...... 96±2493 07/29/96 Advance Voting Trust, Media/Communications Partners Limited Partnership, CityMedia, Inc ...... 96±2344 07/30/96 El Paso Natural Gas Company, Tenneco Inc., Tenneco Inc.-Post Spinoff ...... 96±2366 07/30/96 Polymer Group, Inc., Petropar S.A. (a Brazilian company), Petropar North America Corp ...... 96±2481 07/30/96 ShopKo Stores, Inc., FoxMeyer Health Corporation, Healthcare Connect, Inc., Health Care Pharmacy Provider 96±2442 07/31/96 Republic Industries, Inc., Addington Resources, Inc., Addington Resources, Inc ...... 96±2472 07/31/96 U.S. Office Products Company, American Loose Leaf/Business Products, Inc., American Loose Leaf/Business Products, Inc ...... 96±2260 08/02/96 Fuji Photo Film Co., Ltd., Wal-Mart Stores, Inc., Wal-Mart Stores, Inc ...... 96±2367 08/02/96 GS Capital Partners II, L.P., Global Financial Information Corporation, Global Financial Information Corporation 96±2381 08/02/96 General Electric Company, Latin Communications Group Inc., Latin Communications Group Inc ...... 96±2387 08/02/96 Lane Investment Limited Partnership, Joseph M. Field, Entertainment Communications, Inc ...... 96±2395 08/02/96 Letitia Corporation, T. Lynn Morris, TVM Group, Inc ...... 96±2443 08/02/96 First Chicago NBD Corporation, The Sherwin-Williams Company, Pierce & Stevens Corporation ...... 96±2453 08/02/96 Harold C. Simmons Family Trust No. 2, DeSoto, Inc., DeSoto, Inc ...... 96±2479 08/02/96 George S. Hofmeister, MascoTech, Inc., Taylor Building Products Co., Eagle Window & Door, Inc ...... 96±2482 08/02/96 Citation Corporation, Interstate Forging Industries, Inc., Interstate Forging Industries, Inc ...... 96±2491 08/02/96 SYGNET Communications, Inc., Horizon Cellular Telephone Company, L.P., Horizon Cellular Telephone Com- pany of Chautauqua, L.P ...... 96±2510 08/02/96 Marmon Holdings, Inc., FMI Holdings Corporation, FMI Holdings Corporation ...... 96±2521 08/02/96 Broderbund Software, Inc., Deluxe Corporation, T/Maker Company ...... 96±2451 08/05/96 Moore Corporation Limited, Aetna Life and Casualty Company, Aetna Life Insurance Company ...... 96±2474 08/05/96 United Asset Management Corporation, Clay Finlay Inc., Clay Finlay Inc ...... 96±2498 08/05/96 D. Francis K. Finlay, United Asset Management Corporation, United Asset Management Corporation ...... 96±2499 08/05/96 John P. Clay, United Asset Management Corporation, United Asset Management Corporation ...... 96±2500 08/05/96 David A. Beckerman, Galt Sand Company, Galt Sand Company ...... 96±2519 08/05/96 Legal & General Ventures 1996 Unquoted Equity Fund, LP, Mannesman AG (a German company), Mannesman Tally GmbH ...... 96±2537 08/05/96 Swiss Reinsurance Company, ACI Holding Inc., ACI Holding Inc ...... 96±2404 08/06/96 Pharmaceutical Product Development, Inc., Applied Bioscience International Inc., Applied Bioscience Inter- national Inc ...... 96±2410 08/06/96 UGI Corporation, Phillips Petroleum Company, Phillips 66 Propane Company ...... 96±2452 08/06/96 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43363

TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN: 072996 AND 080996ÐContinued

Date Name of acquiring person, name of acquired person, and name of acquired entity PMN No. terminated

Trump Hotels & Casino Resorts, Inc., Donald J. Trump, Trump's Castle Associates & Trump's Castle Hotel & Casi ...... 96±2492 08/06/96 Charterhouse Equity Partners II, L.P, Cencom Cable Income Partners II, L.P., Cencom Partners, L.P., ...... 96±2368 08/07/96 Steven L. Volla, Richmond Heights General Hospital, Richmond Heights General Hospital ...... 96±2439 08/07/96 Dr. Rajendra Singh, LCC International, Inc., LCC International, Inc ...... 96±2448 08/07/96 Tractebel, S.A., Thomas A.V. Cassel, Northeastern Power Company ...... 96±2480 08/07/96 FS Equity Partners III, L.P., The Pantry, Inc., The Pantry, Inc ...... 96±2485 08/07/96 Framatome S.A., Robert G. Patricia M. Peterson (spouses), Interlock Corporation ...... 96±2486 08/07/96 Steven M. Estrick, Paychex, Inc., Paychex, Inc ...... 96±2504 08/07/96 Paychex, Inc., National Business Solutions, Inc., National Business Solutions, Inc ...... 96±2505 08/07/96 Stuart G. Lasher, Paychex, Inc., Paychex, Inc ...... 96±2506 08/07/96 Golder, Thoma, Cressey, Rauner Fund IV, L.P., Matthew Coleman, GNWC Wire, Cable and Network Prod- ucts, Inc ...... 96±2507 08/07/96 Wang Laboratories, Inc., Kaval Bajaj, I±NET, Inc ...... 96±2508 08/07/96 Brunswick Corporation, Roadmaster Industries, Inc., Roadmaster Industries, Inc. and Roadmaster Corporation 96±2516 08/07/96 First USA, Inc., Golder Thoma Cressey Fund III Limited Partnership, Bensar Holdings Inc ...... 96±2523 08/07/96 Global Universal Systems, Inc., Scientific-Atlanta, Inc., Scientific-Atlanta, Inc ...... 96±2538 08/07/96 The Harper Group, Inc., TDS Logistics, Inc., TDS Logistics, Inc ...... 96±2545 08/07/96 Mr. John M. Rudey, Weyerhaeuser Company, Weyerhaeuser Company ...... 96±2556 08/07/96 PriCellular Corporation, Vanguard Cellular Systems, Inc., Orange County Cellular Telephone Corp ...... 96±2527 08/08/96 Vanguard Cellular Systems, Inc., PriCellular Corporation, Chill Cellular Corporation ...... 96±2528 08/08/96 Mississippi Chemical Corporation, Arie Genger, New Mexico Potash Corporation and Eddy Potash, Inc ...... 96±2171 08/09/96 First Data Corporation, Electronic Data Systems Corporation, EDS Fleet Services, Inc ...... 96±2454 08/09/96 United Magazine Company, Ohio Periodical Distributors, Inc., Ohio Periodical Distributors, Inc ...... 96±2520 08/09/96 Compagnie de Saint-Gobain, The Benderson 1993±3 Trust, Bufftech Inc ...... 96±2532 08/09/96 Compagnie de Saint-Gobain, The Benderson 1993±2 Trust, Bufftech, Inc ...... 96±2542 08/09/96 Promotora El Gallo, S.A. de C.V., M.G. Products, Inc., M.G. Products, Inc ...... 96±2547 08/09/96 Cortec Group Fund II, L.P., Uniroyal Technology Corporation, Uniroyal Technology Corporation ...... 96±2548 08/09/96 MAIC Holdings, Inc., MOMED Holding Company, MOMED Holding Company ...... 96±2551 08/09/96 Prideaux & Associates Limited, AT&T Corp., AT&T Capital Corporation ...... 96±2563 08/09/96 The Nomura Securities Co., Ltd., AT&T Corp., AT&T Capital Corporation ...... 96±2564 08/09/96 Nicolas Lethbridge, AT&T Corp., AT&T Capital Corporation ...... 96±2566 08/09/96 Occidental Petroleum Corporation, Laurel Industries, Inc., Laurel Industries, Inc ...... 96±2568 08/09/96 Carlisle Companies Incorporated, Virgil Scherping, Sherping Systems, Inc ...... 96±2574 08/09/96 Raycom Media, Inc., Federal Enterprises, Inc., Federal Enterprises, Inc ...... 96±2577 08/09/96 Golden Books Family Entertainment, Inc., Mr. Lorne Michaels, Broadway Video Entertainment, L.P ...... 96±2579 08/09/96 Three Cities Fund II, L.P., Salem Corporation, Salem Corporation ...... 96±2585 08/09/96 Entergy Corporation, WestSphere Equity Holdings III, Ltd., 280 Security Holdings, Inc ...... 96±2591 08/09/96 SCOR, The Allstate Corporation, Allstate Insurance Company-Barrington Division ...... 96±2594 08/09/96 The Goldman Sachs Group, L.P., Joseph E. Robert, Jr., JER Venture Management, Inc ...... 96±2598 08/09/96 Guinness Peat Group plc, Citation Insurance Group, Citation Insurance Group ...... 96±2599 08/09/96 Kirk Kerkorian, P&F Acquisition Corp., P&F Acquisition Corp ...... 96±2608 08/09/96 Seven Network Limited, P&F Acquisition Corporation, P&F Acquisition Corporation ...... 96±2609 08/09/96

FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HEALTH AND Section AMG.00 Mission Sandra M. Peay or Renee A. Horton, HUMAN SERVICES The Office of Grants and Acquisition Contact Representatives, Federal Trade Management (OGAM) provides Commission, Premerger Notification Statement of Organization, Functions and Delegations of Authority; functional management direction in the Office, Bureau of Competition, Room areas of grants management, acquisition Assistant Secretary for Management 303, Washington, D.C. 20580, (202) 326– and logistics. Formulates cost principles and Budget 3100. and grant and contract cost By Direction of the Commission. Part A, Office of the Secretary, reimbursement policy. Resolves cross- cutting audit findings. Provides Donald S. Clark, Statement of Organization, Functions, Department-wide leadership in these Secretary. and Delegations of Authority for the areas through policy development, [FR Doc. 96–21417 Filed 8–22–96; 8:45 am] Department of Health and Human oversight and training. Awards and Services is being amended at Chapter BILLING CODE 6750±01±M administers contracts in support of the AM, HHS Management and Budget program needs of the Office of the Office, Chapter AMG, Office of Grants Secretary, and provides administrative and Acquisition Management, as last management and support to the Small amended at 57 FR 37813–15, 8/20/92. and Disadvantaged Business Utilization The changes are to reflect a realignment Program for the Department. Represents of functions within the Office of Grants the Department in dealings with OMB, and Acquisition Management. GSA and other Federal agencies and Delete Chapter AMG in its entirety Congress in the areas of mandatory and and replace with the following: discretionary grants, procurement and 43364 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices logistics. Fosters creativity and development, oversight and training. Administration on Aging. In the case of innovation in the administration of The Office awards and administers certain consolidated and centralized these functions throughout the contracts in support of the program commodities and services (including Department. needs of the Office of the Secretary. The information technology) also provides office is responsible for the following: contract support for the Administration Section AMG.10 Organization a. Formulates Department-wide on Children and Families as well as The Office of Grants and Acquisition acquisition policies governing other components of the Department. Management (OGAM), headed by a procurement activities. Publishes these k. Administers and manages Deputy Assistant Secretary for Grants in regulations and manuals. performance of the contracts of the and Acquisition Management who Recommends and participates in Office of the Secretary to ensure that it reports to the Assistant Secretary for development of government-wide receives the timely and quality Management and Budget, consists of the acquisition policy. performance and the products for which following components: b. Provides advice and technical it has contracted. A. Immediate Office (AMG) assistance on procurement activities and l. Is responsible for award and B. Logistics Policy Staff (AMG–1) policy matters to the Department’s administration of contracts. Is C. Office of Acquisition Management Operating and Staff Divisions. authorized to enter into contracts at the (AMG1) c. Develops, participates in and micro-purchase, simplified acquisition, D. Office of Small and Disadvantaged evaluates the procurement training and and major purchase (purchases in Business Utilization (AMG12) certification program for Department’s excess of $100,000.00) levels. E. Office of Grants Management (AMG2) procurement staff; develops and m. Tests innovative ideas and F. Office of Audit Resolution and Cost participates in training activities for the techniques to develop improved Policy (AMG3) Department’s program staff who act as procurement methodologies. project officers on the Department’s D. Office of Small and Disadvantaged Section AMG.20 Functions contracts. Business Utilization (AMG12). A. Office of the Deputy Assistant d. Monitors the adoption of a. Has responsibility within the Secretary (AMG). The Office of the acquisition policies by the Department’s Department for policy, plans, and Deputy Assistant Secretary for Grants Operating and Staff Divisions to ensure oversight of execution of the functions and Acquisition Management provides consistent policy interpretation and under section 8 and 15 of the Small leadership, policy, guidance and application. Business Act as amended and Executive supervision, as well as coordinating e. Conducts Performance Order 12073 an 12138, relating to long and short-range planning to Measurement of the Department’s preference programs for small constituent organization. procurement system to ensure businesses, disadvantaged businesses, B. Logistics Policy Staff (AMG–1). compliance with procurement laws and labor surplus area concerns, and Serves as the Department’s focal point policies and efficient acquisition of the women-owned businesses. Under and liaison with the Operating and Staff Department’s program needs. provision of Public Law 95–507, the Divisions for policy development, f. Makes studies of problems requiring Director reports directly to the Deputy technical assistance, oversight and creation of new policies or revision of Secretary. Pursuant to Deputy training in the area of logistics. The Staff current policies, including the Secretarial direction, the day-to-day is responsible for the following: application of Departmental operational review will be provided by a. Formulates Department-wide management controls and reports the Deputy Assistant Secretary for logistics policies governing the related to the Department’s procurement Grants and Acquisition Management to management of personal property activities; resolves issues arising from ensure effective departmental throughout the Department. implementation of those policies; coordination and execution of these b. Provides advice and technical maintains similar relationships and programs. assistance on logistics activities and associations with public and private b. Acts as the advocate for the policy matters to the Department’s contractor organizations. Secretary and Deputy Secretary within Operating Divisions. g. Researches, analyzes and tests the Department for matters relating to c. Monitors the adoption of logistics innovative ideas, techniques and sections 8 and 15 of the Small Business policies by the Department’s Operating policies in the area of acquisitions. Act and Executive Orders 12073 and Divisions to ensure consistent policy Establishes and directs ad hoc teams to 12138 and represents the Department in interpretation and application. work on special projects to develop dealing with other Federal agencies on d. Oversees the implementation of creative approaches to problems in the those matters. logistics functions throughout the area of acquisition. c. Acts as focal point and advocate for Department. h. Serves as the Department’s liaison the small business, disadvantaged e. Develops, participates in and in the area of acquisitions and maintains business, labor surplus area and evaluates logistics training programs for working relationships with OMB, GSA, women-owned business firms in their Department staff. GAO, and other Federal agencies to dealing with the Department. f. Researches, analyzes and tests coordinate and assist in the d. Formulates, recommends and innovative ideas, techniques and Development of policy and to monitors implementation of policies for policies in the area of logistics. participate in government-wide tests of the Department’s small business, Small g. Serves as the Department’s liaison procurement innovations. Business Innovation Research, in the area of logistics and maintains i. Conducts special projects to disadvantaged business, labor surplus working relationships with OMB, GSA develop improved mechanisms for area, and women-owned business and other Federal agencies to coordinate Department-wide management of programs. and assist in the development of policy. procurement. e. Coordinates and prepares the C. Office of Acquisition Management j. Plans, directs, and carries out the Department’s goals for assigned (AMG1). The Office of Acquisition centralized contracting program for the programs, recommends Secretarial Management provides leadership in the Office of the Secretary, the Office of approval of such goals and subsequent area of acquisition through policy Consumer Affairs, and the to Secretarial approval, negotiates, Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43365 establishes and reports on goals for the Divisions to ensure consistent policy agencies on the financial or cost assigned programs with the cognizant interpretation and application. management of grants and contracts. Federal agencies. d. Provides advice and technical e. Reviews audit reports containing f. Encourages the awarding of assistance to the Department’s monetary findings or findings involving contracts and subcontracts to small Operating and Staff Divisions and to the deficiencies in the management systems business, disadvantaged business, labor general public on matters relating to the of grantee and contractor organizations surplus area, and women-owned administration of grants and other forms which affect the programs of more than business firms by providing information of Federal financial assistance. one Operating or Staff Division or and assistance to all of the Department’s e. Develops, participants in and Federal agency and resolves the organizational units. evaluates grants management training findings. Conducts or arranges for g. Prepares documentation and programs for Department staff. additional reviews or acquires reports to the Executive Office of the f. Serves as the Department’s liaison additional information to the extent President, the Congress, Office of in grants and maintains working necessary to determine the actions Management and Budget, the Small relationships with OMB and other required to resolve the findings and Business Administration, and other Federal agencies to coordinate and correct the deficiencies. agencies, as required. assist in the development of f. Coordinates where necessary with h. Ensures effective implementation government-wide grant policies. other affected Federal agencies to by the Department of mandatory plans g. Conducts special studies of grants establish a uniform Federal position on and/or contract clauses as required by management issues to identify and the actions needed to be taken to resolve Public Law 95–507 for small business implement improvements in the way the findings and correct the and disadvantaged business firms and the Department awards and administers deficiencies. monitors the activities relating to such grants and other forms of Federal g. Negotiates and determines the plans. financial assistance; designs and assists settlement of the findings and the i. Provides input for coordinated in execution of demonstrations, actions needed to correct the Departmental positions on proposed experimentation and tests of innovative deficiencies with grantee and contractor legislation and Government regulations approaches to grants management. organizations. As designated by OMB, on matters affecting cognizant h. Develops, analyzes and tests performs these functions on behalf of all socioeconomic programs and maintain innovative ideas, techniques and Federal Departments and Agencies. liaison with Congress through policies in grants management. Fosters established Departmental channels. creativity in the administration of h. When deemed necessary to protect j. Manages the Department’s Small grants. the interests of the Department, makes Business Innovation Research Program i. Establishes and manages improved recommendations to the Secretary, the (SBIR) established under Public Law grants management information and ASMB/CFO and other officials on 97–219 and provides liaison between monitoring systems. safeguards or other actions against a the Department and the Small Business j. Establishes and manages training grantee or contractor, where the Administration on SBIR matters. and certification programs for grants organization is unwilling to correct k. Oversees and monitors the management professionals throughout serious deficiencies in a timely manner Departmental review and screening of the Department. or fails to comply with previous planned procurement by programs and F. Office of Audit Resolution and Cost agreements on corrective actions. procurement offices to ensure that Policy (AMG3). The Office of Audit i. Provides and arranges for technical preference programs are given thorough Resolution and Cost Policy provides assistance to grantees and contractors on consideration throughout the decision- leadership in the areas of resolving the correction of deficiencies and on making process. audits and managing cost policy. The other matters related to the financial E. Office of Grants Management Office has functional responsibility for management of grants and contracts. (AMG2). cost principles and Department-wide j. Upon request, reviews and approves The Office of Grants management cost policies and procedures affecting accounting or other systems developed provides leadership in the area of grants and contracts. In addition, the by grantees and contractors to comply mandatory and discretionary grants Office is responsible for resolving cross- with Federal cost principles and through policy development, oversight cutting audit findings and the following: policies. and training. The Office has functional a. Formulates cost principles and k. Provides advice and technical responsibility for Department-wide Department-wide cost policies and assistance to Operating and Staff grants policies and grant regulations. In procedures affecting grants and Divisions’ audit resolution staffs on the addition, the Office is responsible for contracts. resolution of audit reports assigned to oversight of the HHS grants b. Formulates Department-wide cost them and on other matters related to the management operations and the policy for resolving audit findings on financial management of grants and following: grantee and contractor organizations. contracts. a. Manages oversight of the award and c. Serves as the Departmental liaison l. Develops and presents training administration of mandatory and and maintains working relationships programs for Department staff and discretionary grants and other forms of with OMB other Federal agencies in the grantee and contractor organizations on Federal financial assistance throughout development of government-wide cost audit resolution, and other areas related the Department. principles and audit resolution policies; to the financial management of grants b. Formulates Department-wide grant maintains similar relationships with and contracts. policies governing the award and associations of States, universities and administration of grant activities. other grantee and contractor Dated: August 24, 1996. Publishes these in regulations and other organizations. John J. Callahan, directives. d. Provides advice and technical Assistant Secretary for Management and c. Monitors the adoption of grant assistance to the Operating and Staff Budget. policies and procedures by the Divisions, grantee and contractor [FR Doc. 96–21360 Filed 8–21–96; 8:45 am] Department’s Operating and Staff organizations, and other Federal BILLING CODE 4150±04±M 43366 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

Centers for Disease Control and Secretary of Health and Human individuals with disabilities, and small Prevention Services, with the concurrence of the businesses are adequately represented Committee Management Secretariat, on advisory committees and, therefore, National Center for Environmental General Services Administration, encourages nominations for Health Advisory Committee formally determines that continuance is appropriately qualified candidates from Pursuant to the Federal Advisory in the public interest. these groups, as well as nominations Committee Act, Public Law 92–463, as Dated: August 16, 1996. from small businesses that manufacture amended (5 U.S.C. App. 2), the Centers Nancy C. Hirsch, medical devices subject to the for Disease Control and Prevention Acting Director, Management Analysis and regulations. (CDC) announces the establishment by Services Office, Centers for Disease Control DATES: Nominations should be received the Secretary of Health and Human and Prevention (CDC). by October 21, 1996, for vacancies listed Services, August 2, 1996, of the [FR Doc. 96–21392 Filed 8–21–96; 8:45 am] in this notice. following Federal advisory committee: BILLING CODE 4163±18±M Designation: Advisory Committee to ADDRESSES: All nominations and the Director, National Center for curricula vitae for consumer Environmental Health. Food and Drug Administration representatives should be submitted in Purpose: The Advisory Committee to writing to Annette Funn (address the Director, National Center for Request for Nominations for below). All nominations and curricula Environmental Health (NCEH), will Representatives of Consumer and vitae (which includes nominee’s office provide advice and guidance to the Industry Interests on Public Advisory address and telephone number) for the Secretary, HHS; the Assistant Secretary Panels or Committees industry representatives should be for Health; the Director, CDC; and the submitted in writing to Kathleen L. Director, NCEH, CDC, regarding AGENCY: Food and Drug Administration, Walker (address below). program goals and objectives, strategies, HHS. FOR FURTHER INFORMATION CONTACT: and priorities. The Committee will ACTION: Notice. provide advice on: (1) Environmental Regarding consumer representatives: public health problems that potentially SUMMARY: The Food and Drug Annette Funn, Office of Consumer pose the greatest risks to human health Administration (FDA) is requesting Affairs (HFE–88), Food and Drug and may not be receiving adequate nominations for consumer Administration, 5600 Fishers Lane, attention; (2) the primary prevention of representatives and industry Rockville, MD 20857, 301–443– birth defects and developmental and representatives to serve on certain 5006. device panels of the Medical Devices other disabilities; (3) the prevention of Regarding industry representatives: Advisory Committee and on the secondary conditions in those with a Kathleen L. Walker, Food and Drug National Mammography Quality primary disability; and (4) the research Administration, Center for Devices Assurance Advisory Committee in the agenda needed to improve the science and Radiological Health (HFZ–17), Center for Devices and Radiological base relative to human health effects 2098 Gaither Rd., Rockville, MD Health. Nominations will be accepted and environmental exposures, which 20850, 301–594–1283, ext. 114. will ultimately provide sound human for current vacancies and for those that health data for policy and decision- will or may occur through June 30, SUPPLEMENTARY INFORMATION: FDA is making. 1997. requesting nominations for members Authority for this committee will FDA has a special interest in ensuring representing consumer and industry expire on August 2, 1998, unless the that women, minority groups, interests for the vacancies listed below: Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43367

Approximate Date Representative is Needed Committee or Panel Consumer Industry

Circulatory System Devices Panel NV July 1, 1997 Dental Products Panel: Devices November 1, 1996 NV Cosmetics NV November 1, 1996 Ear, Nose, and Throat Devices Panel NV November 1, 1996 Immunology Devices Panel NV March 1, 1997 Neurological Devices Panel December 1, 1996 December 1, 1996 Obstetrics and Gynecology Devices Panel February 1, 1997 NV Orthopedic and Rehabilitation Devices Panel NV IMMED Radiological Devices Panel NV February 1, 1997 National Mammography Quality Assurance Advisory Committee February 1, 1997 NA NV = No vacancy NA = Not applicable IMMED = Immediate vacancy

Functions recommend exemption to certain changed to over-the-counter status; (2) devices from the application of portions evaluate data and make Medical Device Panels of the Federal Food, Drug, and Cosmetic recommendations concerning the The functions of the panels are to: (1) Act; (8) advise on the necessity to ban approval of new dental drug products Review and evaluate data on the safety a device; (9) respond to requests from for human use; (3) evaluate data and and effectiveness of marketed and the agency to review and make make recommendations concerning investigational devices and make recommendations on specific issues or drug products that may also be recommendations for their regulation; problems concerning the safety and cosmetics; and (4) using the Plaque (2) advise the Commissioner of Food effectiveness of devices; and (10) make Subcommittee, review and evaluate data and Drugs regarding recommended recommendations on the quality in the concerning the safety and effectiveness classification or reclassification of these design of clinical studies regarding the of active ingredients, and combinations devices into one of three regulatory safety and effectiveness of marketed and thereof, of various currently marketed categories; (3) advise on any possible investigational devices. dental drug products for human use, risks to health associated with the use The Dental Products Panel also and the adequacy of their labeling. The of devices; (4) advise on formulation of functions at times as a dental drug subcommittee will advise on the product development protocols; (5) advisory panel. The functions of the promulgation of monographs review premarket approval applications drug panel are to: (1) Evaluate and establishing conditions under which for medical devices; (6) review recommend whether various these drugs are generally recognized as guidelines and guidance documents; (7) prescription drug products should be safe and effective and not misbranded. 43368 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

National Mammography Quality mammography. The committee may Nominees shall be full-time Assurance Advisory Committee include one technically qualified employees of firms that manufacture The functions of the committee are to member who is identified with products that would come before the advise the Food and Drug consumer interests. panel, or consulting firms that represent Administration on: (1) Developing Nomination Procedures manufacturers. Nominations shall appropriate quality standards and include a complete curriculum vitae of regulations for mammography facilities; Consumer Representatives each nominee. The term of office is up (2) developing appropriate standards Any interested person may nominate to 4 years, depending on the and regulations for bodies accrediting one or more qualified persons as a appointment date. mammography facilities under this member of a particular advisory Selection Procedures program; (3) developing regulations committee or panel to represent with respect to sanctions; (4) developing consumer interests as identified in this Consumer Representatives procedures for monitoring compliance notice. Self-nominations are also with standards; (5) establishing a accepted. To be eligible for selection, Selection of members representing mechanism to investigate consumer the applicant’s experience and/or consumer interests is conducted complaints; (6) reporting new education will be evaluated against through procedures which include use developments concerning breast Federal civil service criteria for the of a consortium of consumer imaging which should be considered in position to which the person will be organizations which has the the oversight of mammography appointed. responsibility for recommending facilities; (7) determining whether there Nominations shall include a complete candidates for the agency’s selection. exists a shortage of mammography curriculum vitae of each nominee and Candidates should possess appropriate facilities in rural and health shall state that the nominee is aware of qualifications to understand and professional shortage areas and the nomination, is willing to serve as a contribute to the committee’s work. determining the effects of personnel or member, and appears to have no conflict Industry Representatives other requirements on access to the of interest that would preclude services of such facilities in such areas; membership. FDA will ask the potential Regarding nominations for members (8) determining whether there will exist candidates to provide detailed representing the interests of industry, a a sufficient number of medical information concerning such matters as letter will be sent to each person that physicists after October 1, 1999; and (9) financial holdings, employment, and has made a nomination, and to those determining the costs and benefits of research grants and/or contracts to organizations indicating an interest in compliance with these requirements. permit evaluation of possible sources of participating in the selection process, Consumer and Industry Representation conflict of interest. The nomination together with a complete list of all such should state whether the nominee is organizations and the nominees. This Medical Device Panels interested only in a particular advisory letter will state that it is the Section 520(f)(3) of the Federal Food, committee or panel or in any advisory responsibility of each nominator or Drug, and Cosmetic Act (the act) (21 committee or panel. The term of office organization indicating an interest in U.S.C. 360j(f)(3)), as amended by the is up to 4 years, depending on the participating in the selection process to Medical Device Amendments of 1976, appointment date. consult with the others in selecting a provides that each medical device panel Industry Representatives single member representing industry include as members one nonvoting Any organization in the medical interests for the panel within 60 days representative of consumer interests and after receipt of the letter. If no one nonvoting representative of device manufacturing industry (industry interests) wishing to participate in the individual is selected within 60 days, interests of the medical device the agency will select the nonvoting manufacturing industry. selection of an appropriate member of a particular panel may nominate one or member representing industry interests. National Mammography Quality more qualified persons to represent This notice is issued under the Assurance Advisory Committee industry interests. Persons who Federal Advisory Committee Act (5 Section 354n of the Public Health nominate themselves as industry U.S.C. app. 2) and 21 CFR part 14 Service Act (42 U.S.C 263b), as representatives for the panels will not relating to advisory committees. amended by the Mammography Quality participate in the selection process. It is, Dated: August 13, 1996. Standards Act of 1992, provides that at therefore, recommended that all least four of the individuals nominated nominations be made by someone with Michael A. Friedman, for membership should be from among an organization, trade association, or Deputy Commissioner for Operations. national breast cancer or consumer firm who is willing to participate in the [FR Doc. 96–21356 Filed 8–21–96; 8:45 am] health organizations with expertise in selection process. BILLING CODE 4160±01±F Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43369

Request for Nominations for Voting 1. Anesthesiology and Respiratory clinical immunology, allergy, or clinical Members on Public Advisory Panels or Therapy Devices Panel: One vacancy laboratory medicine. Committees in the Center for Devices occurring November 30, 1996; 9. Microbiology Devices Panel: Two and Radiological Health anesthesiologists, pulmonary medicine vacancies occurring February 28, 1997; specialists, or other experts who have infectious disease clinicians; clinical AGENCY: Food and Drug Administration, specialized interests in ventilatory microbiologists with expertise in HHS. support, pharmacology, physiology, or antimicrobial and antimycobacterial ACTION: Notice. the effects and complications of susceptibility testing and chemotherapy; SUMMARY: The Food and Drug anesthesia. clinical virologists with expertise in Administration (FDA) is requesting 2. Circulatory System Devices Panel: diagnosis and assays; clinical nominations for voting members to Two vacancies occurring June 30, 1997; oncologists experienced with antitumor serve on certain device panels of the interventional cardiologists, resistance and susceptibility; and Medical Devices Advisory Committee electrophysiologists, invasive (vascular) molecular biologists. and on the National Mammography radiologists, vascular and cardiothoracic 10. Neurological Devices Panel: Two Quality Assurance Advisory Committee surgeons, and cardiologists with special vacancies occurring November 30, 1996; in the Center for Devices and interest in congestive heart failure. neurologists, epileptologists, biomedical Radiological Health (CDRH). 3. Dental Products Panel: Two engineers, interventional Nominations will be accepted for vacancies occurring October 31, 1996; neuroradiologists, neurosurgeons with current vacancies and those that will or dentists who have experience with interest in medical devices, or persons may occur through June 30, 1997. lasers, endosseous implants, and experienced with neurological devices FDA has a special interest in ensuring temporomandibular joint implants; or with a strong background in that women, minority groups, and experts in bone physiology relative to biostatistics. individuals with disabilities are the oral and maxillofacial area. 11. Obstetrics and Gynecology Devices adequately represented on advisory 4. Gastroenterology and Urology Panel: Two vacancies immediately, one committees and, therefore, encourages Devices Panel: Three vacancies vacancy occurring January 31, 1997; nominations of qualified candidates immediately; nephrologists, urologists, experts in reproductive endocrinology, from these groups. and gastroenterologists with expertise in endoscopy, electrosurgery, laser surgery, DATES: Because scheduled vacancies diagnostic and therapeutic management assisted reproductive technologies, and occur on various dates throughout each of adult and pediatric patient contraception. year, no cutoff date is established for the populations. 12. Ophthalmic Devices Panel: One receipt of nominations. However, when 5. General and Plastic Surgery Devices vacancy immediately, one vacancy possible, nominations should be Panel: One vacancy immediately, one occurring October 31, 1996; received at least 6 months before the vacancy occurring August 31, 1996; ophthalmologists specializing in date of scheduled vacancies for each general surgeons, plastic surgeons, glaucoma, surgical pediatric year, as indicated in this notice. biomaterials experts, laser experts, ADDRESSES: All nominations and ophthalmology (experienced in curricula vitae for the panels should be wound healing experts, or endoscopic correction of aphakia), retinal diseases sent to Nancy J. Pluhowski, Office of surgery experts. or corneal diseases; optometrists with Device Evaluation (HFZ–400), Center for 6. General Hospital and Personal Use expertise in contact lenses, or specialists Devices and Radiological Health, Food Devices Panel: One vacancy in clinical study design. and Drug Administration, 9200 immediately, four vacancies occurring 13. Orthopedic and Rehabilitation Corporate Blvd., Rockville, MD 20850. December 31, 1996; internists, Devices Panel: Two vacancies All nominations and curricula vitae pediatricians, neonatologists, immediately; orthopedic surgeons for the National Mammography Quality gerontologists, nurses, biomedical experienced with prosthetic ligament Assurance Advisory Committee should engineers, or microbiologists/infection devices, joint implants, or spinal be sent to Charles K. Showalter, Center control practitioners or experts. instrumentation; physical therapists for Devices and Radiological Health 7. Hematology and Pathology Devices experienced in spinal cord injuries, (HFZ–240), Food and Drug Panel: Two vacancies occurring neurophysiology, electrotherapy, and Administration, 1350 Piccard Dr., February 28, 1997; cytopathologists and joint biomechanics; rheumatologists; or Rockville, MD 20850. histopathologists; hematologists (blood biomedical engineers. FOR FURTHER INFORMATION CONTACT: banking, coagulation, and hemostatis); 14. Radiological Devices Panel: One Kathleen L. Walker, Center for Devices molecular biologists (nucleic acid vacancy occurring January 31, 1997; and Radiological Health (HFZ–17), Food amplification techniques), and physicians and scientists with expertise and Drug Administration, 2098 Gaither hematopathologists (oncology). in nuclear medicine, diagnostic or Rd., Rockville, MD 20850, 301–594– 8. Immunology Devices Panel: Three therapeutic radiology, mammography, 1283, ext. 114. vacancies immediately, two vacancies thermography, transillumination, SUPPLEMENTARY INFORMATION: FDA is occurring February 28, 1997; persons hyperthermia cancer therapy, bone requesting nominations of voting with experience in medical, surgical, or densitometry, magnetic resonance, members for vacancies listed below. clinical oncology, internal medicine, computed tomography, or ultrasound. 43370 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

15. National Mammography Quality National Mammography Quality Nomination Procedures Assurance Advisory Committee: Five Assurance Advisory Committee Any interested person may nominate vacancies immediately, six vacancies The functions of the committee are to one or more qualified persons for occurring January 31, 1997; physicians, advise FDA on: (1) Developing membership on one or more of the practitioners, and other health appropriate quality standards and advisory panels or the National professionals whose clinical practice, regulations for mammography facilities; Mammography Quality Assurance research specialization, or professional (2) developing appropriate standards Advisory Committee. Self–nominations expertise include a significant focus on and regulations for bodies accrediting are also accepted. Nominations shall mammography. mammography facilities under this include a complete curriculum vitae of program; (3) developing regulations Functions each nominee, current business address with respect to sanctions; (4) developing and telephone number, and shall state Medical Device Panels procedures for monitoring compliance that the nominee is aware of the with standards; (5) establishing a nomination, is willing to serve as a The functions of the panels are to: (1) mechanism to investigate consumer member, and appears to have no conflict Review and evaluate data on the safety complaints; (6) reporting new of interest that would preclude and effectiveness of marketed and developments concerning breast membership. FDA will ask the potential investigational devices and make imaging which should be considered in candidates to provide detailed recommendations for their regulation; the oversight of mammography information concerning such matters as (2) advise the Commissioner of Food facilities; (7) determining whether there financial holdings, employment, and and Drugs regarding recommended exists a shortage of mammography research grants and/or contracts to classification or reclassification of these facilities in rural and health permit evaluation of possible sources of devices into one of three regulatory professional shortage areas and conflict of interest. categories; (3) advise on any possible determining the effects of personnel or This notice is issued under the risks to health associated with the use other requirements on access to the Federal Advisory Committee Act (5 of devices; (4) advise on formulation of services of such facilities in such areas; U.S.C. app. 2) and 21 CFR part 14, product development protocols; (5) (8) determining whether there will exist relating to advisory committees. review premarket approval applications a sufficient number of medical Dated: August 13, 1996. physicists after October 1, 1999; and (9) for medical devices; (6) review Michael A. Friedman, determining the costs and benefits of guidelines and guidance documents; (7) Deputy Commissioner for Operations. recommend exemption to certain compliance with these requirements. [FR Doc. 96–21357 Filed 8–21–96; 8:45 am] devices from the application of portions Qualifications of the Federal Food, Drug, and Cosmetic BILLING CODE 4160±01±F Act; (8) advise on the necessity to ban Medical Device Panels a device; (9) respond to requests from Persons nominated for membership Advisory Committees; Notice of the agency to review and make on the panels shall have adequately Meetings recommendations on specific issues or diversified experience appropriate to problems concerning the safety and the work of the panel in such fields as AGENCY: Food and Drug Administration, effectiveness of devices; and (10) make clinical and administrative medicine, HHS. recommendations on the quality in the engineering, biological and physical ACTION: Notice. design of clinical studies regarding the sciences, statistics, and other related SUMMARY: This notice announces safety and effectiveness of marketed and professions. The nature of specialized forthcoming meetings of public advisory investigational devices. training and experience necessary to qualify the nominee as an expert committees of the Food and Drug The Dental Products Panel also suitable for appointment may include Administration (FDA). This notice also functions at times as a dental drug experience in medical practice, summarizes the procedures for the advisory panel. The functions of the teaching, and/or research relevant to the meetings and methods by which drug panel are to: (1) Evaluate and field of activity of the panel. The interested persons may participate in recommend whether various particular needs at this time for each open public hearings before FDA’s prescription drug products should be panel are shown above. The term of advisory committees. changed to over–the–counter status; (2) office is up to 4 years, depending on the FDA has established an Advisory evaluate data and make appointment date. Committee Information Hotline (the recommendations concerning the hotline) using a voice-mail telephone approval of new dental drug products National Mammography Quality system. The hotline provides the public for human use; (3) evaluate data and Assurance Advisory Committee with access to the most current make recommendations concerning Persons nominated for membership information on FDA advisory committee drug products that may also be should be physicians, practitioners, and meetings. The advisory committee cosmetics; and (4) using a Plaque other health professionals, whose hotline, which will disseminate current Subcommittee, review and evaluate data clinical practice, research information and information updates, concerning the safety and effectiveness specialization, or professional expertise can be accessed by dialing 1–800–741– of active ingredients, and combinations include a significant focus on 8138 or 301–443–0572. Each advisory thereof, of various currently marketed mammography. Prior experience on committee is assigned a 5-digit number. dental drug products for human use, Federal public advisory committees in This 5-digit number will appear in each and the adequacy of their labeling. The the same or similar subject areas will individual notice of meeting. The subcommittee will advise on the also be considered relevant professional hotline will enable the public to obtain promulgation of monographs expertise. The particular needs for this information about a particular advisory establishing conditions under which committee are shown above. The term of committee by using the committee’s 5- these drugs are generally recognized as office is up to 4 years, depending on the digit number. Information in the hotline safe and effective and not misbranded. appointment date. is preliminary and may change before a Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43371 meeting is actually held. The hotline that long; open committee discussion, data, and (4) a closed committee will be updated when such changes are 9:45 a.m. to 11:30 a.m.; open public deliberation. Every advisory committee made. hearing, 11:30 a.m. to 12 m., unless meeting shall have an open public MEETINGS: The following advisory public participation does not last that hearing portion. Whether or not it also committee meetings are announced: long; open committee discussion, 12 m. includes any of the other three portions to 3 p.m.; open public hearing, 3 p.m. will depend upon the specific meeting Endocrinologic and Metabolic Drugs to 3:30 p.m., unless public participation involved. There are no closed portions Advisory Committee does not last that long; open committee for the meetings announced in this Date, time, and place. September 26, discussion, 3:30 p.m. to 5 p.m.; open notice. The dates and times reserved for 1996, 8 a.m., Holiday Inn—Bethesda, committee discussion, September 27, the open portions of each committee Versailles Ballrooms I and II, 8120 1996, 8 a.m. to 9:30 a.m.; open public meeting are listed above. Wisconsin Ave., Bethesda, MD. hearing, 9:30 a.m. to 10 a.m., unless The open public hearing portion of Type of meeting and contact person. public participation does not last that each meeting shall be at least 1 hour Open public hearing, 8 a.m. to 9 a.m., long; open committee discussion, 10 long unless public participation does unless public participation does not last a.m. to 12 m.; Linda A. Smallwood, not last that long. It is emphasized, that long; open committee discussion, 9 Center for Biologics Evaluation and however, that the 1 hour time limit for a.m. to 5 p.m.; Kathleen R. Reedy or Research (HFM–350), Food and Drug an open public hearing represents a LaNise S. Giles, Center for Drug Administration, 1401 Rockville Pike, minimum rather than a maximum time Evaluation and Research (HFD–21), Rockville, MD 20852, 301–827–3514, or for public participation, and an open Food and Drug Administration, 5600 FDA Advisory Committee Information public hearing may last for whatever Fishers Lane, Rockville, MD 20857, Hotline, 1–800–741–8138 (301–443– longer period the committee 301–443–5455, or FDA Advisory 0572 in the Washington, DC area) Blood chairperson determines will facilitate the committee’s work. Committee Information Hotline, 1–800– Products Advisory Committee, code Public hearings are subject to FDA’s 741–8138 (301–443–0572 in the 12388. Please call the hotline for information concerning any possible guideline (subpart C of 21 CFR part 10) Washington, DC area), Endocrinologic concerning the policy and procedures and Metabolic Drugs Advisory changes. General function of the committee. for electronic media coverage of FDA’s Committee, code 12536. Please call the The committee reviews and evaluates public administrative proceedings, hotline for information concerning any data on the safety and effectiveness, and including hearings before public possible changes. advisory committees under 21 CFR part General function of the committee. appropriate use of blood products 14. Under 21 CFR 10.205, The committee reviews and evaluates intended for use in the diagnosis, prevention, or treatment of human representatives of the electronic media data on the safety and effectiveness of diseases. may be permitted, subject to certain marketed and investigational human Agenda—Open public hearing. limitations, to videotape, film, or drugs for use in endocrine and Interested persons may present data, otherwise record FDA’s public metabolic disorders. information, or views, orally or in administrative proceedings, including Agenda—Open public hearing. writing, on issues pending before the presentations by participants. Interested persons may present data, committee. Those desiring to make Meetings of advisory committees shall information, or views, orally or in formal presentations should notify the be conducted, insofar as is practical, in writing, on issues pending before the contact person before September 16, accordance with the agenda published committee. Those desiring to make 1996, and submit a brief statement of in this Federal Register notice. Changes formal presentations should notify the the general nature of the evidence or in the agenda will be announced at the contact person before September 18, arguments they wish to present, the beginning of the open portion of a 1996, and submit a brief statement of names and addresses of proposed meeting. the general nature of the evidence or participants, and an indication of the Any interested person who wishes to arguments they wish to present, the approximate time required to make their be assured of the right to make an oral names and addresses of proposed comments. presentation at the open public hearing participants, and an indication of the Open committee discussion. On the portion of a meeting shall inform the approximate time required to make their morning of September 26, 1996, the contact person listed above, either orally comments. committee will hear informational or in writing, prior to the meeting. Any Open committee discussion. The presentations on detection of the human person attending the hearing who does committee will hear presentations and immunodeficiency virus (HIV)–1 Group not in advance of the meeting request an discuss the safety and efficacy of a new ‘‘O’’ and on the possible transmission of opportunity to speak will be allowed to drug application (NDA) 20–632, hepatitis C (HCV) by Immune Globulin. make an oral presentation at the sibutramine hydrochloride In the afternoon, the committee will TM hearing’s conclusion, if time permits, at monohydrate, (Meridia , Knoll review issues concerning recombinant the chairperson’s discretion. Pharmaceutical Co.) for weight loss in Factor VIIa, Novo Nordisk. On The agenda, the questions to be obesity. September 27, 1996, the committee will addressed by the committee, and a Blood Products Advisory Committee sit as a Medical Device Panel to review current list of committee members will and make recommendations on the be available at the meeting location on Date, time, and place. September 26 reclassification of the Autopheresis-C the day of the meeting. and 27, 1996, 8 a.m., Holiday Inn— System, a rotating membrane filtration Transcripts of the open portion of the Bethesda, Versailles Ballrooms II and III, blood separator, Fenwal Division, meeting may be requested in writing 8120 Wisconsin Ave., Bethesda, MD. Baxter Healthcare Corp. from the Freedom of Information Office Type of meeting and contact person. FDA public advisory committee (HFI–35), Food and Drug Open committee discussion, September meetings may have as many as four Administration, rm. 12A–16, 5600 26, 1996, 8 a.m. to 9:15 a.m.; open separable portions: (1) An open public Fishers Lane, Rockville, MD 20857, public hearing, 9:15 a.m. to 9:45 a.m., hearing, (2) an open committee approximately 15 working days after the unless public participation does not last discussion, (3) a closed presentation of meeting, at a cost of 10 cents per page. 43372 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

The transcript may be viewed at the Oncologic Drugs Advisory Committee B. McGoodwin or Danyiel D’Antonio, Dockets Management Branch (HFA– Center for Drug Evaluation and Research 305), Food and Drug Administration, Date, time, and place. September 11, (HFD–21), Food and Drug rm. 1–23, 12420 Parklawn Dr., 1996, 8:30 a.m., Holiday Inn— Administration, 5600 Fishers Lane, Gaithersburg, Ballroom, Two Rockville, MD 20857, approximately 15 Rockville, MD 20857, 301–443–5455, or Montgomery Village Ave., Gaithersburg, working days after the meeting, between FDA Advisory Committee Information MD. the hours of 9 a.m. and 4 p.m., Monday Hotline, 1–800–741–8138 (301–443– Type of meeting and contact person. 0572 in the Washington, DC area), through Friday. Summary minutes of Open public hearing, 8:30 a.m. to 9:30 the open portion of the meeting may be Peripheral and Central Nervous System a.m., unless public participation does Drugs Advisory Committee, code 12543. requested in writing from the Freedom not last that long; open committee of Information Office (address above) Please call the hotline for information discussion, 9:30 a.m. to 4:30 p.m.; concerning any possible changes. beginning approximately 90 days after Jannette O’Neill-Gonzalez, Center for the meeting. General function of the committee. Drug Evaluation and Research (HFD– The committee reviews and evaluates This notice is issued under section 21), Food and Drug Administration, data on the safety and effectiveness of 10(a)(1) and (a)(2) of the Federal 5600 Fishers Lane, Rockville, MD marketed and investigational human Advisory Committee Act (5 U.S.C. app. 20857, 301–443–5455, or FDA Advisory drugs for use in neurological disease. 2), and FDA’s regulations (21 CFR part Committee Information Hotline, 1–800– Agenda—Open public hearing. 14) on advisory committees. 741–8138 (301–443–0572 in the Interested persons may present data, Washington, DC area), Oncologic Drugs Dated: August 15, 1996. information, or views, orally or in Advisory Committee, code 12542. writing, on issues pending before the Michael A. Friedman, Please call the hotline for information committee. Those desiring to make Deputy Commissioner for Operations. concerning any possible changes. formal presentations should notify the [FR Doc. 96–21358 Filed 8–21–96; 8:45 am] General function of the committee. contact person before September 12, BILLING CODE 4160±01±F The committee reviews and evaluates 1996, and submit a brief statement of data on the safety and effectiveness of the general nature of the evidence or marketed and investigational human arguments they wish to present, the Advisory Committees; Notice of drugs for use in the treatment of cancer. names and addresses of proposed Meetings Agenda—Open public hearing. participants, and an indication of the Interested persons may present data, approximate time required to make their AGENCY: Food and Drug Administration, information, or views, orally or in comments. HHS. writing, on issues pending before the Open committee discussion. The committee. Those desiring to make committee will discuss the safety and ACTION: Notice. formal presentations should notify the effectiveness of COPAXONE contact person before August 28, 1996, (copolymer-1), NDA 20–622, TEVA SUMMARY: This notice announces and submit a brief statement of the Pharmaceuticals USA, as a treatment for forthcoming meetings of public advisory general nature of the evidence or patients with exacerbating-remitting committees of the Food and Drug arguments they wish to present, the multiple sclerosis. Administration (FDA). This notice also names and addresses of proposed FDA public advisory committee summarizes the procedures for the participants, and an indication of the meetings may have as many as four meetings and methods by which approximate time required to make their separable portions: (1) An open public interested persons may participate in comments. hearing, (2) an open committee open public hearings before FDA’s Open committee discussion. The discussion, (3) a closed presentation of advisory committees. committee will discuss: (1) New drug data, and (4) a closed committee application (NDA) 19–297/S–014 deliberation. Every advisory committee FDA has established an Advisory Novantrone for injection concentrate Committee Information Hotline (the meeting shall have an open public (mitoxantrone, Immunex Corp.), for use hearing portion. Whether or not it also hotline) using a voice-mail telephone in combination with corticosteroids as system. The hotline provides the public includes any of the other three portions initial chemotherapy for treatment of will depend upon the specific meeting with access to the most current patients with prostate cancer after information on FDA advisory committee involved. There are no closed portions failure of primary hormonal therapy; for the meetings announced in this meetings. The advisory committee and (2) NDA 20–660 Remisar tablets hotline, which will disseminate current notice. The dates and times reserved for (bropirimine, Pharmacia & Upjohn Co.), the open portions of each committee information and information updates, for treatment of patients with bladder can be accessed by dialing 1–800–741– meeting are listed above. carcinoma in situ (CIS) after failure of The open public hearing portion of 8138 or 301–443–0572. Each advisory Bacillus Calmette-Guerin (BCG) therapy. each meeting shall be at least 1 hour committee is assigned a 5-digit number. long unless public participation does This 5-digit number will appear in each Peripheral and Central Nervous not last that long. It is emphasized, individual notice of meeting. The System Drugs Advisory Committee however, that the 1 hour time limit for hotline will enable the public to obtain Date, time, and place. September 19, an open public hearing represents a information about a particular advisory 1996, 8:30 a.m., Holiday Inn— minimum rather than a maximum time committee by using the committee’s 5- Gaithersburg, Ballroom, Two for public participation, and an open digit number. Information in the hotline Montgomery Village Ave., Gaithersburg, public hearing may last for whatever is preliminary and may change before a MD. longer period the committee meeting is actually held. The hotline Type of meeting and contact person. chairperson determines will facilitate will be updated when such changes are Open public hearing, 8:30 a.m. to 9:30 the committee’s work. made. a.m., unless public participation does Public hearings are subject to FDA’s MEETINGS: The following advisory not last that long; open committee guideline (subpart C of 21 CFR part 10) committee meetings are announced: discussion, 9:30 a.m. to 5 p.m.; Ermona concerning the policy and procedures Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43373 for electronic media coverage of FDA’s Health Care Financing Administration wish to participate in the Medicare public administrative proceedings, program. The regulations establish [Document Identifier: HCFA±9026] including hearings before public standards for eligibility, reimbursement advisory committees under 21 CFR part Agency Information Collection standards and procedures, and delineate 14. Under 21 CFR 10.205, Activities: Proposed Collection; conditions that hospices must meet to representatives of the electronic media Comment Request be approved for participation in may be permitted, subject to certain Medicare. Frequency: On occasion; limitations, to videotape, film, or AGENCY: Health Care Financing Affected Public: Business or other for- otherwise record FDA’s public Administration, HHS. profit and Not-for-profit institutions; administrative proceedings, including In compliance with the requirement Number of Respondents: 1,927; Total presentations by participants. of section 3506(c)(2)(A) of the Annual Responses: 1,927; Total Annual Paperwork Reduction Act of 1995, the Meetings of advisory committees shall Hours Requested: 3,977,762. As a note, Health Care Financing Administration this collection was inadvertently be conducted, insofar as is practical, in (HCFA), Department of Health and accordance with the agenda published announced in the Federal Register, on Human Services, is publishing the 8/8/96, as a 30 day comment request. in this Federal Register notice. Changes following summaries of proposed in the agenda will be announced at the To obtain copies of the supporting collections for public comment. statement for the proposed paperwork beginning of the open portion of a Interested persons are invited to send meeting. collections referenced above, access comments regarding this burden HCFA’s WEB SITE ADDRESS at http:// Any interested person who wishes to estimate or any other aspect of this www.hcfa.gov, or to obtain the be assured of the right to make an oral collection of information, including any supporting statement and any related presentation at the open public hearing of the following subjects: (1) The forms, E-mail your request, including portion of a meeting shall inform the necessity and utility of the proposed your address and phone number, to contact person listed above, either orally information collection for the proper [email protected], or call the Reports or in writing, prior to the meeting. Any performance of the agency’s functions; Clearance Office on (410) 786–1326. person attending the hearing who does (2) the accuracy of the estimated Written comments and not in advance of the meeting request an burden; (3) ways to enhance the quality, recommendations for the proposed opportunity to speak will be allowed to utility, and clarity of the information to information collections must be mailed make an oral presentation at the be collected; and (4) the use of within 60 days of this notice directly to hearing’s conclusion, if time permits, at automated collection techniques or the HCFA Paperwork Clearance Officer the chairperson’s discretion. other forms of information technology to designated at the following address: The agenda, the questions to be minimize the information collection HCFA, Office of Financial and Human burden. addressed by the committee, and a Resources, Management Planning and 1. HCFA–9026 Type of Information current list of committee members will Analysis Staff, Attention: John Burke, Collection Request: Reinstatement, be available at the meeting location on without change, of previously approved Room C2–26–17, 7500 Security the day of the meeting. collection for which approval has Boulevard, Baltimore, Maryland 21244– Transcripts of the open portion of the expired; Title of Information Collection: 1850. meeting may be requested in writing Intermediary Request to Hospitals for Dated: August 14, 1996. from the Freedom of Information Office Medical Information on Inpatient Edwin J. Glatzel, (HFI–35), Food and Drug Claims for Statutorily Excluded Director, Management Planning and Analysis Administration, rm. 12A–16, 5600 Services/SSA 1862; 42 CFR 411.15; FR Staff, Office of Financial and Human Fishers Lane, Rockville, MD 20857, Vol. 60 No. 181; Form No.: HCFA–9026; Resources, Health Care Financing approximately 15 working days after the Use: This information request is to Administration. meeting, at a cost of 10 cents per page. enable intermediaries to obtain hospital [FR Doc. 96–21425 Filed 8–21–96; 8:45 am] The transcript may be viewed at the medical records for inpatient claims BILLING CODE 4120±03±P Dockets Management Branch (HFA– involving statutorily excluded services 305), Food and Drug Administration, and other non-covered services and [HCFA±0301] rm. 1–23, 12420 Parklawn Dr., devices. 42 CFR 411.15 is the regulation Rockville, MD 20857, approximately 15 supporting this collection of Submitted for Collection of Public working days after the meeting, between information; Frequency: On occasion; Comment: Submission for OMB the hours of 9 a.m. and 4 p.m., Monday Affected Public: Business or other for Review through Friday. Summary minutes of profit, not for profit institutions, State, the open portion of the meeting may be local, or tribal governments, Federal In compliance with the requirement requested in writing from the Freedom government; Number of Respondents: of section 3506(c)(2)(A) of the of Information Office (address above) 5,258; Total Annual Responses: 20,355; Paperwork Reduction Act of 1995, the beginning approximately 90 days after Total Annual Hours: 5,088. Health Care Financing Administration the meeting. 2. HCFA–R–30 Type of Information (HCFA), Department of Health and This notice is issued under section Collection Request: Reinstatement, with Human Services, has submitted to the 10(a)(1) and (2) of the Federal Advisory change, of a previously approved Office of Management and Budget Committee Act (5 U.S.C. app. 2), and collection for which approval has (OMB) the following proposals for the FDA’s regulations (21 CFR part 14) on expired; Title of Information Collection: collection of information. Interested advisory committees. ICR in the Hospice Care Regulation for persons are invited to send comments 42 [email protected], 418.24, 418.28, regarding this burden estimate or any Dated: August 15, 1996. 418.56(b), 418.56(e)(1), 418.56(e)(3), other aspect of this collection of Michael A. Friedman, 418.58, 418.70(d), 418.70(e), 418.74, information, including any of the Deputy Commissioner for Operations. 418.83, 418.96(b) and 418.100(b); Form following subjects: (1) The necessity and [FR Doc. 96–21359 Filed 8–21–96; 8:45 am] No.: HCFA–R–30; Use: The HCFA–R–30 utility of the proposed information BILLING CODE 4160±01±F establishes standards for hospices who collection for the proper performance of 43374 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices the agency’s functions; (2) the accuracy persons are invited to send comments Health Resources and Services of the estimated burden; (3) ways to regarding the burden estimate or any Administration enhance the quality, utility, and clarity other aspect of this collection of of the information to be collected; and information, including any of the Cooperative Agreement With the (4) the use of automated collection following subjects: (1) The necessity and George Mason University Center for techniques or other forms of information utility of the proposed information Health Policy technology to minimize the information collection for the proper performance of AGENCY: Health Resources and Services collection burden. the agency’s functions; (2) the accuracy Administration (HRSA), Health and 1. Type of Request: Revision of a of the estimated burden; (3) ways to Human Services (HHS). currently approved collection; Title of enhance the quality, utility, and clarity SUMMARY: The Office of Rural Health Information Collection: Certification of of the information to be collected; and Medicaid Eligibility Quality Control Policy (ORHP), Health Resources and (4) the use of automated collection (MEQC) Payment Error Rates and Services Administration, announces its techniques or other forms of information supporting regulations 42 CFR 431.802– intent to award funds in FY 1996 to 822 and 42 CFR 431.865; Form No.: technology to minimize the information support a grant to the George Mason HCFA–301; Use: This certification is the collection burden. University Center for Health Policy, in new form by which States will report Type of Information Collection Fairfax, Virginia. The Office of Rural Health Policy their MEQC payment error rate findings. Request: Reinstatement, with change, of works closely with numerous national This form represents aggregate data a previously approved collection for organizations with rural health policy which were formerly collected through which approval has expired; Title of and program interests. Virtually all of the Integrated Review Schedule. Information Collection: Title Conditions these groups are either headquartered in Regulations 42 CFR 431.802–822 and 42 of Participation for Rehabilitation the Washington, DC area, or locate their CFR 431.865 requires the States to Agencies and Conditions for Coverage principal policy office here. The submit this data in the MEQC program; for Physical Therapists in Independent involvement of these associations, Frequency: Semi-annually; Affected Practice; Form No.: HCFA R–44; Use: foundations and other organizations in Public: State, local, or tribal This information is needed to determine addressing rural health concerns is government; Number of Respondents: if an agency or therapist is in limited by the lack of availability of 51; Total Annual Responses: 102; Total compliance with published health and readily available information on rural Annual Hours: 22,515. safety requirements. Respondents are health policy and programs, by the lack To request copies of the proposed outpatient clinics, rehabilitation of any educational forum for building paperwork collection referenced above, agencies, public health agencies, and common understanding of current E-mail your request, including your therapists in independent practice. directions in rural health policy, and by address, to [email protected], or call the lack of any facilitation of sharing the Reports Clearance Office on (410) Frequency: On occasion; Affected among the rural health representatives 786–1326. Written comments and Public: Business or other for-profit; of these organizations. The office recommendations for the proposed Number of Respondents: 9,634; Total intends, through this grant, to sponsor information collections should be sent Annual Responses: 9,634; Total Annual invitational meetings three or four times within 60 days of this notice directly to Hours Requested: 26,397. per year which would be high quality the HCFA Paperwork Clearance Officer To obtain copies of the supporting educational forums that would designated at the following address: statement for the proposed paperwork encourage the development and OMB Human Resources and Housing collections referenced above, access exchange of ideas and approaches to Branch, Attention: Allison Eydt, New HCFA’s WEB SITE ADDRESS at http:// rural health problems solving, and Executive Office Building, Room 10235, www.hcfa.gov, or to obtain the would encourage the growth of Washington, D.C. 20503. supporting statement and any related expertise on rural health among the Dated: August 14, 1996. forms, E-mail your request, including invited participants. The grant would Edwin J. Glatzel, your address and phone number, to also provide for ongoing communication Director, Management Planning and Analysis [email protected], or call the Reports on rural health issues meetings, Staff, Office of Financial and Human Clearance Office on (410) 786–1326. conferences etc., as well as background Resources, Health Care Financing Written comments and papers as needed. Administration. recommendations for the proposed HRSA plans to award this grant to the [FR Doc. 96–21424 Filed 8–21–96; 8:45 am] information collections must be mailed George Mason Center, because of its BILLING CODE 4120±03±P within 30 days of this notice directly to unique characteristics, skills and the HCFA Paperwork Clearance Officer superior qualifications in the Washington area in rural health issues [HCFA R±44] designated at the following address: OMB Human Resources and Housing as well as its mandate and ability to Agency Information Collection Branch, Attention: Allison Eydt, New conduct conferences and forums health Activities: Submission for OMB Executive Office Building, Room 10235, policy leadership workshops, research Review; Comment Request Washington, DC 20503. and position papers, and collaboration with professional and community based In compliance with the requirement Dated: August 14, 1996. organizations. Accordingly, HRSA has of section 3506(c)(2)(A) of the Edwin J. Glatzel, determined that there is adequate basis Paperwork Reduction Act of 1995, the Director, Management Planning and Analysis for awarding this grant to the George Health Care Financing Administration Staff, Office of Financial and Human Mason Center without competition. (HCFA), Department of Health and Resources, Health Care Financing Authority: This grant is authorized under Human Services, has submitted to the Administration. Section 301 of the Public Health Service Act. Office of Management and Budget [FR Doc. 96–21426 Filed 8–21–96; 8:45 am] With funds appropriated under Public Law (OMB) the following proposal for the BILLING CODE 4120±03±P 103–112 (Omnibus Budget Reconciliation collection of information. Interested Act of 1996). Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43375

AVAILABILITY OF FUNDS: Approximately Final Project Requirements continuum to assist students through $150,000 will be made available to The following project requirements graduation from a health professions support the grant for a budget period of are final: school. This would be accomplished one year, beginning FY 1996. The 1. The Partnerships for Health through development and project period will be four years at a Professions Education cooperative implementation of activities related to total cost of approximately $600,000. agreement is to include efforts to all the purposes identified in sections OTHER AWARD INFORMATION: This increase the numbers and quality of: 738(b), 739, and 740 of the PHS Act. program is not subject to the provision (a) Minority and disadvantaged health (b) Minority faculty development of Executive Order 12372, professionals who provide health initiatives designed to recruit and Intergovernmental Review of Federal services to underserved populations and provide a formal structured program of Programs (as implemented by 45 CFR (b) Minority faculty serving in health preparation in such areas as pedagogical Part 100). professions schools. This would be skills, program administration, grant FOR FURTHER INFORMATION: Contact accomplished through comprehensive writing and publication skills, research Jeffrey Human, Director, Office of Rural geographically defined cooperative methodology, development of research Health Policy, 5600 Fishers Lane, Room initiatives involving several educational proposals and community service 9–05, Rockville, MD 20857, (301) 443– and community-based institutions and abilities under a senior faculty mentor. 0835, [email protected]. organizations. Specifically, the project is It should involve pre-faculty to establish and test a model appointment, faculty fellowship Dated: August 16, 1996. opportunities and retention for junior Ciro V. Sumaya, comprehensive program in a defined geographic area (e.g., region, state, minority faculty in health professions Administrator. metropolitan or rural area). The project schools; (c) Information resources and [FR Doc. 96–21399 Filed 8–21–96; 8:45 am] would bring together a variety of curricula addressing minority health BILLING CODE 4160±15±P educational and community entities issues and clinical education at into a formal educational continuum community based sites remote from the that addresses: Final Project Requirements and health professions school that (a) The needs of minority and Review Criteria for Cooperative predominantly serve underserved disadvantaged students through Agreements for Partnerships for populations; and graduation from a health professions Health Professions Education for (d) Faculty and student research on school, and Fiscal Year 1996 health issues particularly affecting (b) Junior minority faculty aspiring to minority groups. The Health Resources and Services senior faculty positions in health 5. Measurable, outcome oriented and Administration (HRSA) announces the professions schools. time framed performance outcome final project requirements and review 2. The proposed model must standards will be used to evaluate the criteria for cooperative agreements for encompass formulation of academic- project. Partnerships for Health Professions community educational partnerships 6. All award recipients must agree to Education. This model/demonstration including: maintain institutional expenditures of program will be jointly funded under (a) Formal linkages among health non-Federal funds in an amount not less sections 738(b) (Minority Faculty profession and prehealth profession than the previous fiscal year. Fellowship Program), 739 (Centers of schools, where both have strong 7. Program activities and experiences Excellence in Minority Health histories and established administrative related to the establishment of the Professions Education), and 740 (Health infrastructures for addressing the types Partnerships for Health Professions Careers Opportunity Program) of the of purposes proposed in this model Education Program must be documented Public Health Service Act, as amended program; in a format that would allow for future by the Health Professions Education (b) Linkages among health professions duplication by other institutional Extension Amendments of 1992, Pub. L. schools and community based health organizations. 102–408, dated October 13, 1992. care entities serving underserved populations. This would allow targeted Final Review Criteria Purpose health professions school students to be The following criteria are final: The purposes of this program are to: offered experiences in the delivery of 1. The relationship of the applicants (1) Assist schools in supporting health services in community-based proposal to the purposes stated for the programs of excellence in health facilities located at sites remote from the Partnerships for Health Professions professions education for minority institution; and Education Program, the students, (2) assist individuals from c. Consortium arrangements (where comprehensiveness and geographic base disadvantaged backgrounds to appropriate) among participating health of the proposed project, the extent to undertake education to enter and professions schools. which linkages with community entities graduate from a health professions 4. The Partnerships for Health and institutions are documented, and school and (3) to assist schools in Professions Education Programs shall, the degree to which the proposed increasing the number of for a geographically prescribed area project plans are transferable to other underrepresented minority faculty establish: institutions. members at such schools. (a) An educational and non- 2. The extent, institutional A proposed notice was published in educational support system designed to commitment and outcomes of past the Federal Register on April 29, 1996 improve the quality of the minority efforts and activities of the institution in at 61 FR 18750 for public comment. No applicant pool involving preliminary conducting minority/disadvantaged comments were received during the 30- education, facilitating entry (including programs, the extent to which applicant day comment period. Therefore, the post baccalaureate projects where data indicate trends, the numbers and proposed project requirements and appropriate) and retention activities at type (race/ethnicity, gender) of review criteria will be retained as the health professions school level. individuals that can be expected to follows: There should be an uninterrupted benefit from the project, and suitability 43376 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices of participant eligibility requirements, Substance Abuse and Mental Health DEPARTMENT OF THE INTERIOR selection criteria, and process. Services Administration 3. The relevance of objective(s) to the Bureau of Land Management stated problem and need, and to model Notice of Meeting purposes; their measurability and [MT±960±1120±00] attainability within a specific time Pursuant to Public Law 92–463, frame; and the extent to which they notice is hereby given of the meeting of Notice of Meeting represent outcome measures. the Center for Substance Abuse 4. The scope of specific activities and Prevention (CSAP) National Advisory AGENCY: Bureau of Land Management their relevance to the stated objectives Council in September 1996. (BLM), Montana, Miles City District, and projected outcomes; their The agenda includes the review, Interior. appropriateness for a Partnership for discussion and evaluation of individual ACTION: Notice of Meeting. Health Professions Education Program; grant applications and contract their soundness in terms of the extent proposals. Therefore, a portion of this SUMMARY: The Miles City District and nature of the academic content and meeting will be closed to the public as Resource Advisory Council will have a non-academic services; and their determined by the Administrator, meeting Tuesday, September 24, 1996 at validity as to the methodologies, logic SAMHSA, in accordance with Title 5 10:00 a.m. in the Miles City District and sequencing proposed. U.S.C. 552b(c) (3), (4) and (6) and 5 Office Conference Room located at 111 5. The administrative and managerial U.S.C. App. 2 10(d). Garryowen Road, just west of Miles capability of the applicant to conduct On September 12, additional agenda City. The meeting is called primarily to the project, qualifications of the staff items will include a presentation from discuss proposed plan amendments and faculty, their academic and the Department of Education and related to block management and off- experiential background and time highway vehicles, Bureau of commitment, the nature and degree of Department of HUD, discussions of their involvement, and their experience administrative matters and Reclamation divestiture proposal, water in working with the proposed target announcements, and reports by rights, and an update on the status of group. workgroups of the SAMHSA National development of Rangeland Health Advisory Council and the CSAP Standards and Guidelines. The meeting 6. The appropriateness of the budget is expected to last until 4:00 p.m. for assuring effective utilization of National Advisory Council. cooperative agreement funds and the A summary of this meeting and roster The meeting is open to the public and institutional or organizational plan for of committee members may be obtained the public comment period is set for phasing-in income from other sources from Ms. Vera Jones, Acting Committee 1:00 p.m. The public may make oral and developing self-sufficiency for Management Officer, CSAP, Rockwall II statements before the Council or file continuing the program after Federal Building Suite 7A140, 5600 Fishers written statements for the Council to funding. Lane, Rockville, Maryland 20857, consider. Depending on the number of 7. The degree to which the applicant Telephone: (301) 443–9542. persons wishing to make an oral has made significant efforts to increase Substantive program information may statement, a per person time limit may the number of minority individuals be obtained from the contact whose be established. Summary minutes of the serving in faculty or administrative name, room number and telephone meeting will be available for public positions at the health professions number is listed below. inspection and copying during regular school. business hours. Committee Name: Center for Substance 8. Techniques and methods to be FOR FURTHER INFORMATION CONTACT: employed in evaluating the project. Abuse Prevention National Advisory Council. Marilyn Krause, Public Affairs Additional Information Meeting Date(s): September 11–12, 1996. Specialist, Miles City District, 111 Place: Bethesda Marriott Residence Inn, Garryowen Road, Miles City, Montana Requests for technical or 7335 Wisconsin Avenue, Bethesda, Maryland 59301, telephone (406) 232–4331. programmatic information should be 20814. directed to: Dr. Ciriaco Q. Gonzales, Closed: September 11, 1996, 1:00 p.m. to SUPPLEMENTARY INFORMATION: The Director, Division of Disadvantaged 5:00 p.m. purpose of the Council is to advise the Assistance, Bureau of Health Open: September 12, 1996, 8:30 a.m. to Secretary of the Interior, through the Professions, Health Resources and 5:00 p.m. BLM, on a variety of planning and Services Administration, Parklawn Contact: Yuth Nimit, Ph.D., Rockwall management issues associated with Building, Room 8A–09, 5600 Fishers Building, Suite 7A–140; Telephone: (301) public land management. The 15 Lane, Rockville, Maryland 20857. 443–8455. member Council includes individuals This program is not subject to the Dated: August 16, 1996. who have expertise, education, training provisions of Executive Order 12372, Jeri Lipov, or practical experience in the planning Intergovernmental Review of Federal and management of public lands and Programs (as implemented through 45 Committee Management Officer, Substance Abuse and Mental Health Services their resources and who have a CFR part 100). This program is also not Administration. knowledge of the geographical subject to the Public Health System [FR Doc. 96–21401 Filed 8–21–96; 8:45 am] jurisdiction of the Council. Reporting Requirements. BILLING CODE 4162±20±U Dated: August 13, 1996. Dated: August 16, 1996. Todd Christensen, Ciro V. Sumaya, Acting District Manager. Administrator. [FR Doc. 96–21368 Filed 8–21–96; 8:45 am] [FR Doc. 96–21400 Filed 8–21–96; 8:45 am] BILLING CODE 4310±DN±P BILLING CODE 4l60±15±P Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43377

[ID±933±1430±01; IDI±18881, IDI±18512] U.S.C. Sec. 38, shall vest no rights against the Inc., and Michael S. and Cynthia United States. Acts required to establish a Huempfner: Termination of Desert Land Entry and location and to initiate a right of possession Carey Act Classifications and Opening are governed by State law where not in Principal Meridian, Montana Order; Idaho conflict with Federal law. The Bureau of T. 4 N., R. 2 E., Land Management will not intervene in Sec. 11, lots 1, 5, and 6, and SE1⁄4NE1⁄4. AGENCY: Bureau of Land Management, disputes between rival locators over T. 4 N., R. 3 E., Interior. possessory rights since Congress has Sec. 7, S1⁄2SE1⁄4; ACTION: Notice. provided for such determinations in local Sec. 18, lot 1 and NE1⁄4NE1⁄4, excepting courts. therefrom, however, a strip of land SUMMARY: This notice terminates a Dated: August 12, 1996. extending through the same, or so much of such strip of land as may be within Desert Land Entry and Carey Act Jimmie Buxton, said described premises, of the width of Classification on 80.00 acres and a non- Branch Chief, Lands and Realty. suitable Desert Land Entry Classification 400 feet, lying between two lines each [FR Doc. 96–21427 Filed 8–21–96; 8:45 am] drawn parallel to and distant 200 feet on 40.00 acres so the lands can be BILLING CODE 4310±GG±P from the center line of the main track of exchanged under Sec. 206 of the Federal the Northern Pacific Railway Company, Land Policy and Management Act of as the same is now located, constructed 1976. The lands will be open to surface [MT±924±1430±01; MTM 82176] and operated on, over and across said entry and mining. The lands have been described premises, or within 200 feet of and will remain open to mineral leasing. Conveyance of Public Lands and Order same. EFFECTIVE DATE: August 22, 1996. Providing for Opening of Public Lands; Total acreage acquired: 251.74 acres. Broadwater and Gallatin Counties; FOR FURTHER INFORMATION CONTACT: 3. The value of the Federal land was Montana Larry R. Lievsay, BLM Idaho State appraised at $52,000.00 and the private Office, 3380 Americana Terrace, Boise, AGENCY: Bureau of Land Management, land was appraised at $52,150.00. The Idaho 83706–2500, 208–384–3166. Interior. difference in value was waived and no SUPPLEMENTARY INFORMATION: On May ACTION: Notice. equalization payment was made. 16, 1982, 80.00 acres were classified 4. At 9 a.m. on November 11, 1996, suitable for entry and on March 30, SUMMARY: This order informs the public the lands described in paragraph 2 will 1983, 40.00 acres were classified and interested state and local be opened only to the operation of the unsuitable for entry under the authority governmental officials of the public land laws generally, subject to of the Desert Land Act of March 3, 1877, conveyance of 750.27 acres of public valid exiting rights and requirements of as amended and supplemented (43 lands out of Federal ownership and will applicable law. All valid applications U.S.C. 321, et. seq.) and the Carey Act open 251.74 acres of surface estate received at or prior to 9 a.m. on of August 18, 1894 (28 Stat. 422), as reconveyed to the United States in an November 11, 1996, shall be considered amended (43 U.S.C. 641 et seq.), the exchange under the Federal Land Policy as simultaneously filed at that time. classifications are hereby terminated and Management Act of 1976, 43 U.S.C. Those received thereafter shall be and the segregation for the following 1701 et seq. (1988) to the operation of considered in the order of filing. described lands are hereby terminated: the public land laws. The lands Dated: August 13, 1996. acquired in the exchange contain Boise Meridian Thomas P. Lonnie, significant riparian habitat and provide Deputy State Director, Division of Resources. (IDI–18881) public fishing and river access. The T. 6 S., R. 3 E., public is well served through [FR Doc. 96–21430 Filed 8–21–96; 8:45 am] Sec. 5, N1⁄2SE1⁄4. completion of this land exchange. BILLING CODE 4310±DN±P (IDI–18512) EFFECTIVE DATE: November 11, 1996. T. 1 N., R. 2 W., FOR FURTHER INFORMATION CONTACT: [ID±030±06±1430±01; IDI±29465] Sec. 13, SE1⁄4SE1⁄4. Sandra Ward, BLM Montana State The areas described above aggregate 120.00 Office, P.O. Box 36800, Billings, Exchange of Public Lands; Idaho acres in Owyhee and Canyon Counties. Montana 59107, 406–255–2949. AGENCY: Bureau of Land Management, At 9:00 a.m. on August 22, 1996, the above described lands will be opened to operation SUPPLEMENTARY INFORMATION: Interior. ACTION: Notice of Realty Action; of the public land laws generally, subject to 1. Notice is hereby given that in an valid existing rights, the provisions of Exchange of Public Lands in Bonneville, existing withdrawals, and the requirements exchange of lands made pursuant to Clark, Fremont, and Jefferson Counties, of applicable law. All valid applications Section 206 of the Federal Land Policy Idaho. received at or prior to 9:00 a.m., on August and Management Act of 1976, 43 U.S.C. 22, 1996, will be considered as 1716 (1988), the following described SUMMARY: The following described simultaneously filed at that time. Those lands were transferred to Huem public lands have been determined to be received thereafter will be considered in the Holding, Inc.: suitable for disposal by exchange under order of filing. Principal Meridian, Montana Section 206 of the Federal Land Policy At 9:00 a.m. on August 22, 1996, the lands and Management Act of 1976, 43 U.S.C. will be opened to location and entry under T. 3 N., R. 2 E., 1716; the United States mining laws, subject to Sec. 12, lots 6 and 7, and SW1⁄4NW1⁄4. valid existing rights, the provisions of T. 4 N., R. 2 E., Boise Meridian, Idaho existing withdrawals, other segregations of Sec. 12, lot 6; Parcel A record, and the requirements of applicable Sec. 26, W1⁄2; law. Appropriation of any of the lands Sec. 34, E1⁄2. T. 6 N., R. 35 E., described in this order under the general Total acreage conveyed: 750.27 acres. Sec. 13, SE1⁄4; mining laws prior to the date and time of Sec. 24, lots 1, 3, 5, 7. restoration is unauthorized. Any such 2. In the exchange for the above lands, T. 6 N., R. 36 E., attempted appropriation, including the United States acquired the following Sec. 3, lots 4, 6 to 9, inclusive, and lots 12 attempted adverse possession under 30 described lands from Huem Holding, to 15, inclusive, S1⁄2NW1⁄4, SW1⁄4; 43378 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

Sec. 4, lot 1, S1⁄2N1⁄2, S1⁄2; Parcel XII Snake River along Lots 9 and 10, T. 2 1 Sec. 8, E ⁄2; T. 8 N., R. 38 E., N., R. 37 E., B.M. Sec. 9, All; Sec. 36, All. For a period of 45 days from the date Sec. 10, lots 2 to 5, inclusive, and lots 8 of publication of this notice in the 1 2 Parcel XIII to 11, inclusive, W ⁄ ; Federal Register interested parties may Sec. 15, lots 2 to 5, inclusive, and lots 8 T. 4 N., R. 40 E., 1 1 1 submit comments to the District to 11, inclusive, W ⁄2, SW ⁄4SE ⁄4; Sec. 36, unsurveyed portion. Sec. 17, All; Manager at the above address. Sec. 18, lots 3, 4, E1⁄2SW1⁄4, E1⁄2; Parcel XIV Objections will be reviewed by the State Sec. 19, lots 5, 7, 9, 11; T. 8 N., R. 40 E., Director who may sustain, vacate, or Sec. 20, lots 1, 3, 5, 7; Sec. 16, All. modify this realty action. In the absence Sec. 21, lots 1, 2, 5, 7, N1⁄2NE1⁄4; of any objections, this realty action will Sec. 22, lots 9 to 12, inclusive, and lots 14 Parcel XV become the final determination of the to 17 inclusive, W1⁄2NE1⁄4, W1⁄2, T. 9 N., R. 40 E., 1 1 Department of the Interior. SW ⁄4SE ⁄4; 1 1 Sec. 36, lots 1 to 4, inclusive, W ⁄2E ⁄2, Sec. 23, NW1⁄4SW1⁄4. Dated: August 12, 1996. W1⁄2. Parcel B The areas described contain 8,264.08 acres. Joe Kraayenbrink, Area Manager, Medicine Lodge Resource T. 2 N., R. 37 E., DATES: The publication of this notice in Area. Sec. 12, lots 9, 10. the Federal Register will segregate the [FR Doc. 96–21428 Filed 8–21–96; 8:45 am] The areas described contain 5,288.29 acres. public lands described above to the BILLING CODE 4310±GG±P In exchange for these lands, the United extent that they will not be subject to States will acquire the following described appropriation under the public land lands from the State of Idaho: laws, including the mining laws. As Minerals Management Service Boise Meridian, Idaho provided by the regulations of 43 CFR Agency Information Collection Parcel I 2201.1(b), any subsequently tendered application, allowance of which is Activities: Submission for Office of T. 13 N., R. 32 E., discretionary, shall not be accepted, Management and Budget Review; Sec. 36, N1⁄2NE1⁄4, NE1⁄4NW1⁄4, SW1⁄4. shall not be considered as filed and Comment Request Parcel II shall be returned to the applicant. The AGENCY: Minerals Management Service segregative effect of this notice will T. 12 N., R. 33 E., (MMS), Interior. Sec. 16, N1⁄2, E1⁄2SW1⁄4, SE1⁄4. terminate upon issuance of patent or in two years, whichever occurs first. ACTION: Notice of extension for five Parcel III currently approved information ADDRESSES: T. 12 N., R. 33 E., Detailed information collections. Sec. 36, lots 1 to 4 inclusive, N1⁄2, N1⁄2S1⁄2. concerning the exchange is available for review at the Idaho Falls Bureau of Land SUMMARY: The Department of the Parcel IV Management Office, 1405 Hollipark Dr., Interior has submitted five proposals for T. 13 N., R. 33 E., Idaho Falls, Idaho 83401. the collections of information listed Sec. 16, All. SUPPLEMENTARY INFORMATION: The below to the Office of Management and Parcel V purpose of the land exchange is to Budget (OMB) for approval under the T. 13 N., R. 33 E., facilitate more efficient management of provisions of the Paperwork Reduction Sec. 36, All. the public lands through consolidation Act of 1995 (Act). The Act provides that an agency may not conduct or sponsor, Parcel VI of ownership and to benefit the public interest by obtaining important resource and a person is not required to respond T. 11 N., R. 34 E., values. The exchange is consistent with to, a collection of information unless it Sec. 16, N1⁄2, S1⁄2SW1⁄4, SE1⁄4. the local Bureau of Land Management’s displays a currently valid OMB control Parcel VII land use plans and the public interest number. T. 12 N., R. 34 E., will be well served by making this ADDRESSES: Submit comments and Sec. 16, N1⁄2NE1⁄4, SE1⁄4NE1⁄4, W1⁄2, exchange. An environmental suggestions directly to the Office of SW1⁄4SE1⁄4. assessment, prepared to analyze impacts Information and Regulatory Affairs, Parcel VIII of the proposed exchange, is available OMB, Attention: Desk Officer for the Department of the Interior (1010–0044, T. 12 N., R. 34 E., for public review. The value of the lands to be 1010–0045, 1010–0046, 1010–0039, or Sec. 36, lot 4, SW1⁄4NW1⁄4, NW1⁄4SW1⁄4, N1⁄2N1⁄2. exchanged will be of equal value. 1010–0017), Washington, DC 20503. Acreages will be adjusted to equalize Send a copy of your comments to the Parcel IX values upon completion of a final Chief, Engineering and Standards T. 9 N., R. 37 E., appraisal of both the state and BLM- Branch, Mail Stop 4700, Minerals Sec. 16, All. administered public lands. Management Service, 381 Elden Street, Parcel X The exchange will be subject to: Herndon, Virginia 20170–4817. T. 9 N., R. 37 E., 1. All valid existing rights, including FOR FURTHER INFORMATION CONTACT: Sec. 17, SE1⁄4SW1⁄4, W1⁄2SE1⁄4; any rights-of-way, easements, permits, Alexis London, Engineering and Sec. 19, SE1⁄4SE1⁄4; or lease of record. Standards Branch, Mail Stop 4700, Sec. 20, W1⁄2NE1⁄4, E1⁄2NW1⁄4, S1⁄2SW1⁄4, 2. A reservation to the United States Minerals Management Service, 381 NE1⁄4SW1⁄4, SE1⁄4; of a right-of-way for ditches and canals Elden Street, Herndon, Virginia 22070– Sec. 29, N1⁄2, N1⁄2S1⁄2. constructed by the authority of the 4817; telephone (703) 787–1600. You Parcel XI United States under the Act of August may obtain copies of the proposed T. 9 N., R. 37 E., 30, 1890 (43 U.S.C. 945). collection of information and related Sec. 21, E1⁄2SW1⁄4, N1⁄2SE1⁄4, SW1⁄4SE1⁄4; 3. A recreational easement over and forms by contacting MMS’s Clearance Sec. 28, NE1⁄4, E1⁄2NW1⁄4, NE1⁄4SW1⁄4, across a 100 foot strip parallel to the Officer at the telephone number listed N1⁄4SE1⁄4, SE1⁄4SE1⁄4. high water line of the left bank of the below. Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43379

SUPPLEMENTARY INFORMATION: minimize the risks to personnel and the occasion; Form MMS–128 is semi- Titles: Application for Permit to Drill, environment. annual. b. Form MMS–124, Sundry Notices Form MMS–123; Sundry Notices and Estimated Number of Respondents: and Reports on Wells: MMS District Reports on Wells, Form MMS–124; Well 130 respondents for each form. Supervisors use the information to Summary Report, Form MMS–125; Well Estimate of Annual Burden: evaluate the adequacy of the equipment, MMS–123 1,013 responses @ 2 hrs Potential Test Report and Request for materials, and/or procedures that the per response = 2,026 hours. Maximum Production Rate (MPR), Form lessee plans to use for drilling, MMS–124 9,950 responses @ 1 hr MMS–126; and Semi-Annual Well Test production, well-completion, and well- per response = 9,950 hours. Report, Form MMS–128. workover operations. These include MMS–125 2,118 responses @ 1 hr OMB Control Numbers (Form deepening and plugging back and well- per response = 2,118 hours. Numbers): 1010–0044 (MMS–123); abandonment operations, including MMS–126 4,040 responses @ 1.4 1010–0045 (MMS–124); 1010–0046 temporary abandonments where the hr per response = 5,656 hours. (MMS–125); 1010–0039 (MMS–126); wellbore will be reentered and MMS–128 1,716 responses @ 2 hrs 1010–0017 (MMS–128). completed or permanently abandoned. per response = 3,432 hours. Abstract: Section 3506 of the Act (44 If MMS did not collect this information, Comments: The OMB is required to U.S.C. Chapter 35) requires that OMB we could not review lessee plans to make a decision concerning the provide interested Federal agencies and require changes to drilling procedures proposed collection of information the public an opportunity to comment or equipment to ensure that levels of between 30 and 60 days after on information collection requests. safety and environmental protection are publication of this notice in the Federal The Outer Continental Shelf Lands maintained. Nor could we review Register. Therefore, a comment to OMB Act (OCSLA), 43 U.S.C. 1331 et seq., information concerning requests for is best ensured of having its full effect requires the Secretary of the Interior to approval or subsequent reporting of if OMB receives it within 30 days of preserve, protect, and develop oil and well-completion or well-workover publication. gas resources in the OCS; make such operations to ensure that procedures Bureau Clearance Officer: Carole resources available to meet the Nation’s and equipment are appropriate for the deWitt (703) 787–1242. energy needs as rapidly as possible; anticipated conditions. Dated: July 11, 1996. balance orderly energy resources c. Form MMS–125, Well Summary Henry G. Bartholomew, development with protection of the Report: MMS District Supervisors use human, marine, and coastal the information to ensure that they have Deputy Associate Director for Operations and Safety Management. environment; ensure the public a fair accurate data on the wells under their and equitable return on the resources jurisdiction and to ensure compliance [FR Doc. 96–21431 Filed 8–21–96; 8:45 am] offshore; preserve and maintain free with approved plans. It is also used to BILLING CODE 4310±MR±M enterprise competition, and ensure that evaluate remedial action in well- the extent of oil and natural gas equipment failure or well-control loss National Park Service resources of the OCS is assessed at the situations. earliest practicable time. To carry out d. Form MMS–126, Well Potential Test these responsibilities, the MMS issued Jimmy Carter National Historic Site; Report and Request for Maximum Advisory Commission Meeting rules governing oil and gas and sulphur Production Rate (MPR): MMS District operations in the OCS. These rules and Supervisors use this form to determine SUMMARY: Notice is hereby given in the associated information collection the MPR for an oil or gas well. The form accordance with the Federal Advisory requirements are contained in 30 CFR contains information concerning the Commission Act that a meeting of the Part 250, Subpart D, Drilling Operations; conditions and results of a well- Jimmy Carter National Historic Site Subpart E, Well-Completion Operations; potential test. This requirement carries Advisory Commission will be held at Subpart F, Well-Workover Operations; out the conservation provisions of the 8:30 a.m. to 4:00 p.m., at the following Subpart G, Abandonment of Wells; OCSLA and 30 CFR Part 250. Failure to location and date. Subpart K, Production Rates; and collect this information could result in DATE: October 1, 1996. Subpart P, Sulphur Operations. Various waste of energy resources in the OCS by LOCATION: Plains High School Visitor sections of these Subparts require production at imprudent rates, lessees to submit several MMS forms. Center/Museum, North Bond Street, jeopardizing the ultimate full recovery Plains, Georgia 31780. Failure to collect this information of hydrocarbons. would prevent the Director from e. Form MMS–128, Semi-annual Well FOR FURTHER INFORMATION CONTACT: Mr. carrying out the mandate of the OCSLA Test Report: MMS Gulf of Mexico and Fred Boyles, Superintendent, Jimmy and implementing the provisions Pacific Regional Supervisors use this Carter National Historic Site, Route 1, contained in 30 CFR Part 250. The information to evaluate the results of Box 800, Andersonville, Georgia 31711, following explains how MMS uses the well tests to find out if reservoirs are (912) 924–0343. information collected and the being depleted in a way that will lead SUPPLEMENTARY INFORMATION: The consequences if MMS did not collect to the greatest ultimate recovery of purpose of the Jimmy Carter National the information. hydrocarbons. The form is designed to Historic Site Advisory Commission is to a. Form MMS–123, Application for present current well data on a advise the Secretary of the Interior or Permit to Drill: MMS uses the semiannual basis to allow the updating his designee on achieving balanced and information to determine the conditions of permissible producing rates and to accurate interpretation of the Jimmy of a drilling site in order to avoid provide the basis for estimates of Carter National Historic Site. hazards inherent in drilling operations currently remaining recoverable gas The members of the Advisory and to decide whether the drilling reserves. Commission are as follows: operations are safe and environmentally Description of Respondents: Federal Dr. Steven Hochman sound. If MMS did not collect this OCS oil and gas lessees. Dr. James Sterling Young information, we could not ensure that Frequency: Forms MMS–123, MMS– Dr. Donald B. Schewe drilling operations were planned to 124, MMS–125, and MMS–126, are on Dr. Henry King Stanford 43380 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

Dr. Barbara Fields DEPARTMENT OF JUSTICE appropriate remedy for the antitrust Director, National Park Service, Ex- violations alleged in the Complaint. Antitrust Division Officio member Once the public comments and this [Civil Action No. 96±389±BMZ] Response have been published in the The matters to be discussed at this Federal Register, pursuant to 15 U.S.C. meeting include the status of park United States v. Woman's Hospital 16(d), the United States will move the development and planning activities. Foundation and Woman's Physician Court to enter the Consent Decree. This meeting will be open to the public. Health Organization; Public Comments On April 23, 1996, the United States However, facilities and space for and United States' Response to Public filed a Complaint alleging that accommodating members of the public Comments Defendants Woman’s Hospital are limited. Any member of the public Foundation and Woman’s Physician Pursuant to the Antitrust Procedures may file with the commission a written Health Organization (‘‘WPHO’’) violated and Penalties Act, 15 U.S.C. 16(b)–(h), sections 1 and 2 of the Sherman Act, 15 statement concerning the matters to be the United States publishes below the discussed. Written statements may also U.S.C. 1, 2. At the same time, the United comments received on the proposed States filed a proposed Consent Decree, be submitted to the Superintendent at Final Judgment in United States v. a Stipulation signed by all parties the address above. Minutes of the Woman’s Hospital Foundation and agreeing to entry of the Decree following meeting will be available at Park Woman’s Physician Health compliance with the Tunney Act, and a Headquarters for public inspection Organization, Civil Action 96–389– Competitive Impact Statement (‘‘CIS’’). approximately 4 weeks after the BMZ, United States District Court for On May 6, 1996, the United States filed meetings. the Middle District of Louisiana, a Notice of Amendment of Competitive Dated: July 30, 1996. together with the response of the United Impact Statement and an Amended States to the comments. Jean Belson, Competitive Impact Statement. Copies of the response and the public Pursuant to the Tunney Act, on May Acting Field Director. comments are available on request for 3, 1996, the Defendants filed the [FR Doc. 96–21363 Filed 8–21–96; 8:45 am] inspection and copying in Room 200 of required description of certain written BILLING CODE 4310±70±M the U.S. Department of Justice, Antitrust and oral communications made on their Division, 325 7th Street, NW., behalf. A summary of the terms of the Washington, DC 20530, and for proposed Decree and the CIS and Mojave National Preserve, Advisory inspection at the Office of the Clerk of directions for the submission of written Commission; Notice of Meetings the United States District Court for the comments were published in the Middle District of Louisiana, United Washington Post for seven consecutive Notice is hereby given in accordance States Courthouse, 777 Florida Street, days, from April 28, through May 4, with the Federal Advisory Committee Suite 208, Baton Rouge, Louisiana 1996, and in the Baton Rouge Advocate Act that meetings of the Mojave 70801. from April 30, through May 7, 1996. The National Preserve Advisory Commission Rebecca P. Dick, proposed Consent Decree and the CIS will be held September 11, 1996; Deputy Director of Operations, Antitrust were published in the Federal Register assemble at 9:30 AM at the Hole-in-the- Division. on May 10, 1996. 61 FR 21,489 (1996). Wall Campground, Mojave National United States’ Response to Public The 60-day period for public Preserve, California. September 12, Comments comments began on May 10, 1996, and 1996, leave at 9:30 AM from the Hole- expired on July 9, 1996. General Health Pursuant to the requirements of the in-the-Wall Information Center, Mojave submitted several comments; the United Antitrust Procedures and Penalties Act States is filing them as attachments to National Preserve; travel by vehicle to (commonly referred to as the ‘‘Tunney Zzyzx at Soda Dry Lake. this Response. The United States has Act’’), 15 U.S.C. 16(b)–(h), the United concluded that the Consent Decree, as The agenda: Project Agreement for States hereby responds to public amended, reasonably, adequately, and Northern and Eastern Mojave Planning comments regarding the Consent Decree appropriately addresses the harm Effort; Status Report update; Wild Horse proposed to settle this proceeding in the alleged in the Complaint. Therefore, and Burro Management and Soda public interest. The United States following publication of the comments Springs Management Options (Zzyzx). received several comments from a single and this Response, the United States The Advisory Commission was source, General Health, Inc. (‘‘General will move this Court to hold that entry Health’’). General Health does not established by Public Law 103–433 to of the proposed Consent Decree, as oppose entry of the Consent Decree. provide for the advice on the amended, is in the public interest. Rather, one of its comments points out development and implementation of the an inadvertent mistake in the language I. Background General Management Plan. of the Decree which has been corrected Woman’s Hospital Foundation owns Members of the Commission are: to reflect the original intent of the and operates Woman’s Hospital, a Micheal Attaway, Irene Ausmus, Rob parties. (A revised Final Judgment will facility with 149 staffed acute care beds. Blair, Peter Burk, Dennis Casebier, be filed shortly with the Court as an Woman’s Hospital provides a range of Donna Davis, Nathan ‘Levi’ Esquerra, attachment to a motion for entry of the care, including inpatient, outpatient, Gerald Freeman, Willis Herron, Eldon Judgment.) General Health’s two other and home health services, to women Hughes, Claudia Luke, Clay Overson, comments suggest additional and infants in the Baton Rouge area. It Norbert Riedy, Mal Wessel. prophylactic relief. After careful is the dominant provider of private This meeting is open to the public. consideration of these comments, the inpatient obstetrical care in Baton United States concludes that the Rouge. Mary G. Martin, additional relief suggested by General In the late 1980’s, competition among Superintendent, Mojave National Preserve. Health is not necessary because the doctors for participation in managed [FR Doc. 96–21362 Filed 8–21–96; 8:45 am] proposed Consent Decree, as amended, care plans created the opportunity for BILLING CODE 4310±70±P will provide an effective and the entry of other Baton Rouge area Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43381 hospitals into the market for inpatient comments is discussed separately prices or other terms and conditions, or obstetrical care. Woman’s Hospital below. negotiating on behalf of competing viewed the new entrants, particularly 1. General Health’s first comment physicians.’’ Any attempt by Woman’s the Health Center, owned by General refers to the language used in the Hospital or WPHO informally to enter Health, as a serious competitive threat definition of ‘‘qualified managed care into an agreement relating to prices or because General Health also owned the plan’’ (‘‘QMCP’’). General Health other terms and conditions for the Gulf South Health Plans, Inc. (‘‘Gulf proposes that the last phrase of Section provision of competing physicians’ South’’), the largest managed care plan II (G)(1)(b) be amended to add the services would violate this Section of in Baton Rouge. underscored word ‘‘or’’ as follows: ‘‘so the proposed Decree. In June 1992, in an effort to stave off long as Woman’s Hospital or WPHO and General Health’s suggestion to competition from the new Health they do not own an interest in another prohibit consenting physicians from Center, Woman’s Hospital entered into physician network * * *.’’ (‘‘They’’ participating in agreements involving negotiations with General Health refers to any single physician or single Woman’s Hospital’s fees would add a offering to continue contracting at pre-existing physician practice group.) substantive provision that is discounted hospital rates with Gulf The rationale for the proposed change is inappropriate and unnecessary. This South in return for General Health’s to make clear that the prohibition additional injunctive relief would agreement not to provide inpatient against ownership in another physician prevent a single consenting physician obstetrical services for the next 5 to 7 network applies to any physician from participating in a managed care years. Woman’s Hospital eventually network in which Woman’s Hospital plan controlled solely by another area retreated from this particular attempt to and ‘‘they’’ or WPHO and ‘‘they’’ are hospital for the purpose of competing foreclose competition from the Health involved, rather than only to physician with other managed care companies Center. networks in which all three entities are simply because Woman’s Hospital was In 1993, Woman’s Hospital made involved. The United States discussed also participating in the other hospital’s another effort to prevent new entrants this comment with Defendants’ counsel plan. Such circumstances do not from becoming significant competitors. who concurs that the proposed change necessarily raise competitive concerns. Woman’s Hospital formed an economic actually clarifies the original intent of In fact, to the extent that formation of alliance with its medical staff in the the parties. such a plan offers consumers additional form of defendant WPHO, a physician 2. General Health’s second comment choice in the marketplace, its formation hospital organization. WPHO’s purpose suggests adding two provisions to the could be procompetitive. was to establish a minimum physician proposed Decree. First, General Health Moreover, the allegations in the fee schedule and serve as a joint would add a prohibition against Complaint directed at physicians bargaining agent on behalf of Woman’s Woman’s Hospital and WPHO involve agreements among competing Hospital and participating doctors with participating in ‘‘any agreement relating physicians concerning the prices managed care payers. Through WPHO, to prices, terms, or conditions upon charged for physician services. The Woman’s Hospital hoped to assure the which physician services are provided United States has not alleged any continued ‘‘loyalty’’ of its medical staff. to patients’’ except in connection with anticompetitive conduct resulting from Nearly every OB/GYN on Woman’s a QMCP or messenger model. Second, an agreement by physicians regarding Hospital’s medical staff joined WPHO. General Health would add a provisions the fees charged for Woman’s Hospital The physicians’ agreement with WPHO enjoining consenting physicians from services. The injunctive relief against authorized it to contract with managed participating in ‘‘any agreement relating consenting physicians in Section care plans on behalf of doctors at or to the prices, terms or conditions upon IV(B)(2) provides appropriate and above a minimum fee schedule. WPHO which Woman’s Hospital provides adequate relief by prohibiting them from did not develop utilization review hospital services to patients’’ except in ‘‘participating in or facilitating any standards, and the agreement to limit connection with a QMCP or messenger agreement among competing physicians price competition was not reasonably model. The rationale asserted for these on fees or other terms and conditions for necessary to further any efforts by proposed changes is that the Final physician services, including the WPHO to encourage physicians to Judgment will not prevent the willingness of physicians to contract on practice more cost effectively. defendants and consenting physicians any terms with particular payers or to Defendants and WPHO physicians from ‘‘informally’’ engaging in the same use facilities competing with Woman’s collectively obtained higher fees for OB/ types of anticompetitive conduct alleged Hospital’s facilities * * *.’’ In sum, the GYNs, deprived managed care plans of in the Complaint. proposed Decree provides appropriate the ability to selectively contract with The United States believes that the and adequate relief for the violations OB/GYNs, and prevented the Court should enter the proposed alleged in the Complaint. development of competition for Consent Decree without these additions. 3. General Health’s third comment inpatient obstetrical services. The proposed ‘‘addition’’ to the suggests that any network operated by These actions, along with the injunctive relief against Woman’s Defendants based on a messenger model additional conduct alleged in the Hospital and WPHO neither differs should be subject to the 30% physician Complaint, violated Sections 1 and 2 of substantively from, nor adds to, the participation limitation placed on a the Sherman Act. relief already provided. Contrary to QMCP and the requirement of prior General Health’s contention, the written approval for its formation from II. Response to Public Comments proposed Final Judgment does not the Department of Justice. The comments on the Consent Decree permit Woman’s Hospital and WPHO to These additional limitations are are from a single source, General Health, engage in ‘‘informal’’ anticompetitive inappropriate. The messenger model in whose relationship with Woman’s conduct. Specifically, Section IV(A)(1) the proposed Consent Decree uses an Hospital is discussed above. General enjoins Woman’s Hospital and WPHO agent or third party to facilitate the Health does not object to the entry of the from ‘‘directly, or through any agent, transfer of information concerning proposed Decree, rather its comments organization or other third party, prices and other competitively sensitive suggest changes or additions to the relief expressing views on, or conveying information between individual set forth. Each of General Health’s information on, competing physicians’ physicians and purchasers of physician 43382 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices services. The critical feature of a The Court is not ‘‘to make de novo comments and this Response in the properly devised and operated determination of facts and issues.’’ Federal Register. After such messenger model, as defined by the Western Elec., 993 F.2d at 1577. Rather, publication, the United States will Decree, is that individual providers ‘‘[t]he balancing of competing social and notify this Court and move for entry of make their own separate decisions about political interests affected by a proposed the proposed Consent Decree based on whether to accept or reject a purchaser’s antitrust decree must be left, in the first this Court’s determination that the proposal, independent of the other instance, to the discretion of the Decree is in the public interest. physicians’ decisions and without any Attorney General.’’ Id. (internal Respectfully submitted, quotation and citation omitted influence by the messenger. Thus, the Mark J. Botti, Pamela C. Girardi, messenger model in the Decree already throughout). In particular, the Court must defer to the Department’s U.S. Department of Justice, Antitrust Division, contains adequate safeguards against its Liberty Place—Suite 400, 325 7th St., N.W., being used as a vehicle for organizing a assessment of likely competitive Washington, D.C. 20530, (202) 307–0827. consequences, which it may reject ‘‘only physician boycott. As explained in the L.J. Hymel, CIS, the messenger may not coordinate if it has exceptional confidence that adverse antitrust consequences will United States Attorney. individual providers’ responses to a llllll particular proposal, disseminate to result—perhaps akin to the confidence By: # 14976, physicians the messenger’s or other that would justify a court in overturning John J. Gaupp LBN physician’s views or intentions the predictive judgments of an Assistant United States Attorney, 777 Florida concerning the proposal, act as an agent administrative agency.’’ Id 2 St., Suite 208, Baton Rouge, LA 70801, (504) for collective negotiation and The Tunney Act does not empower 389–0443, Local Counsel. agreement, or otherwise serve to the Court to reject the remedies in the June 25, 1996 facilitate collusive behavior. CIS at 18. proposed Decree based on the belief that Pam Girardi Because a QMCP, in contrast to a ‘‘other remedies were preferable.’’ United States Department of Justice messenger model, allows for some Microsoft, 56 F.2d at 1460. To a great Health Care Task Force extent it is the realities and Room 434 collective decision-making among 325 7th St., N.W. competing physicians, including uncertainties of litigation that constrain the role of courts in Tunney Act Washington, D.C. 20530 agreements among competitors on the Dear Ms. Girardi: As we discussed over the prices for their services, a QMCP proceedings. See United States v. Gillette Co., 406 F. Supp. 713, 715–16 phone last week, we would like to comment, presents a greater risk of collusive on behalf of our client General Health, Inc., behavior. For this reason, in the (D. Mass. 1975). As Judge Greene has on the Department’s proposed consent order circumstances of this case, the proposed observed: with Woman’s Hospital and Woman’s Decree requires that defendants obtain If courts acting under the Tunney Act Physician Hospital Organization. We will prior approval from the Department of disapproved proposed consent decrees formally submit our comments before the Justice to operate a QMCP and limits merely because they did not contain the comment period expires on July 9th. physician ownership participation to no exact relief which the court would have However, I have attached a draft of our imposed after a finding of liability, comments for your information, and to more than 30% in any relevant market. defendants would have no incentive to facilitate an informal discussion of our III. The Legal Standard Governing the consent to judgment and this element of proposed comments. I would appreciate Court’s Public Interest Determination compromise would be destroyed. The having an opportunity to discuss our consent decree would thus as a practical comments with you before we formally The Tunney Act directs the Court to matter be eliminated as an antitrust submit them. I can be reached at (202) 861– determine whether entry of the enforcement tool, despite Congress’ directive 1888. Thank you very much for your proposed Decree ‘‘is in the public that it be preserved. consideration. interest.’’ 15 U.S.C. § 16(e). In making United States v. American Tel. & Tel. Sincerely, that determination, ‘‘the court’s function Co., 552 F. Supp. 131, 151 (D.D.C. Michael R. Bissegger is not to determine whether the 1982), aff’d sub nom., Maryland v. resulting array of rights and liabilities is United States, 460 U.S. 1001 (1983) II. one that will best serve society, but only (Mem.). Indeed, where, as here, the Definitions to confirm the resulting settlement is Consent Decree comes before the Court (C) ‘‘Qualified managed care plan’’ within the reaches of the public at the time the Complaint is filed, ‘‘the means an organization that is owned, in interest.’’ United States v. Western Elec. district judge must be even more whole or in part, by either or both of the deferential to the government’s Co., 993 F.2d 1572, 1576 (D.C. Cir.), defendants, offers a provider panel and predictions as to the effect of the cert. denied, 114 S. Ct. 487 (1993) satisfies each of the following criteria: (internal quotation and citation proposed remedies * * *.’’ Microsoft, (1) Its owners or not-for-profit omitted).1 56 F.3d at 1461. members (‘‘members’’) who compete The Court should evaluate the relief IV. Conclusion with other owners or members or with set forth in the Decree in light of the subcontracting physicians participating claims alleged in the Complaint and As required by the Tunney Act, the United States will publish the public in the plan, (a) [NO CHANGE] and (b) should enter the Decree if it falls within in combination with the owners and the Government’s ‘‘rather broad members of all other physician discretion to settle with the defendant 2 The Tunney Act does not give a court authority to impose different terms on the parties. See, e.g., networks in which Woman’s Hospital, within the reaches of the public United States v. American Tel. & Tel. Co., 552 F. WPHO or any of them who own an interest.’’ United States v. Microsoft Supp. 131, 153 n.95 (D.D.C. 1982), aff’d sub nom. interest constitute no more than 30% of Corp., 56 F.3d 1448, 1461 (D.C. Cir. Maryland v. United States, 460 U.S. 1001 (1983) (Mem.); accord H.R. Rep. No. 1463, 93d Cong., 2d the physicians in any relevant physician 1995). Sess. 8 (1974). A court, of course, may condition market, except that it may include any entry of a decree on the parties’ agreement to a single physician, or any single 1 The Western Electric decision concerned a different bargain, see, e.g., AT&T, 552 F. Supp. at preexisting physician practice group for consensual modification of an existing antitrust 225, but if the parties do not agree to such terms, decree. The Court of Appeals assumed that the the court’s only choices are to enter the decree the each relevant physician market, so long Tunney Act was applicable. parties proposed or to leave the parties to litigate. as Woman’s Hospital or WPHO and they Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43383 do not own an interest in another Woman’s Hospital. The restrictions and address the potential for price fixing physician network; limitations placed on the defendants agreements, the Final Judgement is (2) [NO CHANGE] and consenting physicians go a long ambiguous as to whether or not the (3) [NO CHANGE] way toward preventing future messenger model provisions are subject (4) [NO CHANGE] agreements on price, concerted refusals to the limitations placed on qualified (5) [NO CHANGE] to deal, and other forms of managed care plans that prevent or The organization * * * [NO anticompetitive concerted action hinder the formation of collective CHANGE] undertaken through a formal agreement agreements not to deal. Without similar or organization such as WPHO. limitations, a messenger model could be [RATIONALE FOR CHANGE] However, without the type of a vehicle for providers to collectively The word ‘‘or’’ (at the bottom of page prohibition or fencing in provision agree not to deal. 7) is needed to make it clear that the suggested above, the defendants and The Competitive Impact Statement prohibition identified after the phrase consenting physicians will remain would apparently allow Women’s ‘‘so long as’’ (at the bottom of page 7) relatively free to informally engage in Hospital and WPHO to use a messenger is against any physician network in the same types of anticompetitive model that is not subject to the which two of the three parties (e.g., conduct as alleged in the complaint limitations, including the percentage of Woman’s Hospital and the single through other means. physicians that can participate, that are physician or preexisting physician Given the fact that the defendants and placed on the defendants’ development group practice, but not WPHO), rather consenting physicians have a history of of a qualified managed care plan. We than only prohibiting a physician coordinating their actions and have believe that any negotiating organization network in which all three are involved already ironed out a lot of the developed by the defendants using the (e.g., Woman’s Hospital, WPHO, and a mechanics of concerted action, it would messenger model should be subject to single physician or preexisting be particularly easy for these defendants the same constraints as those placed on physician group). and consenting physicians to continue a qualified managed care plan, and that their previous course of conduct the language of the Final Judgement and IV. without creating the formal agreements Competitive Impact Statement should Injunctive Relief and organizational structure prohibited be modified to make that limitation by the Final Order. Consequently, we explicit. (A) Woman’s Hospital and WPHO are believe it is imperative that the Final The price-fixing protections contained enjoined from: Order address the potential for the in the definition of the messenger model (7) Directly, or indirectly, entering traditional, informal price agreements, do not adequately protect against the into, or participating in, any agreement boycotts, etc. that have been such a messenger model becoming the means relating to the prices, terms, or significant part of antitrust enforcement for boycott activity. A physician conditions upon which physician for almost a century. network organized and operating services are provided to patients; unless (D) Nothing in this Final Judgment according to the messenger model such an agreement is necessary for the prohibits the defendants or the defined in the Final Judgement is formation, organization, or operation of consenting physicians from indeed, less likely to lead to price fixing a qualified managed care plan or (1) Forming, operating, owning an behavior, but it is wholly inadequate to messenger model as defined herein, and interest in, or participating in (a) a prevent or even significantly hinder approved in writing by the Department messenger model (provided such attempts among the participants to of Justice. Nothing in this paragraph messenger model satisfies each of the collectively refuse to deal. For example, IV(A)(7) prevents Woman’s Hospital or criteria used to define a qualified the messenger model as defined would WPHO from entering an agreement with managed care plan in II.(G)), or (b) a not prohibit the messenger from a managed care plan or network for the qualified managed care plan, if informing participating physicians provision of hospital services, provided defendants obtain prior written about the number of physicians that that such managed care plan or network approval from the Department of Justice, have agreed to participate in a given is not owned or controlled by Woman’s which will not be withheld plan, as long as the messenger does not Hospital, WPHO, or any consenting unreasonably, or covey any information about prices or physician. (2) [NO CHANGE] terms. Similarly, the messenger would (B) Each consenting physician is not be prohibited from communicating [RATIONALE FOR CHANGE] enjoined from: to physicians how many other (3) Directly, or indirectly, entering The Department’s complaint alleges physicians were generally participating into, or participating in, any agreement that the defendants engaged in two in the network. The messenger would relating to the prices, terms, or types of anticompetitive behavior: an also be allowed to provide physicians conditions upon which Woman’s agreement on price among and between with a comparison of offers from various Hospital provides hospital services to physicians and Woman’s Hospital; and payers, which could easily become a patients; unless such an agreement is an agreement among and between means for conveying to physicians necessary for the formation, physicians and Woman’s Hospital which payer contracts are favored, and organization, or operation of a qualified regarding with whom physicians would which ones are not. managed care plan or messenger model deal (only those payers willing to Obviously, the language of the as defined herein, and approved in negotiate with WPHO), and would not messenger model provisions could be writing by the Department of Justice. deal (General Health’s Health Center). modified to address the problems noted The provisions in the Final Judgement above. However, it would be extremely [RATIONALE FOR CHANGE] relating to qualified managed care plans difficult to ascertain whether defendants The formation of WPHO and the other clearly address both the potential for are complying with the substantive acts included in the complaint represent price fixing and for collective protections included in the messenger the continuation of a long-standing agreements not to deal. However, while model provisions. Ensuring or verifying pattern of concerted action among many the messenger model provisions contain compliance is particularly important of the physicians in the community and in the Final Judgement do apparently given the fact that WPHO has already 43384 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices been used as a vehicle to boycott the consenting physicians also be required without a hearing pursuant to 21 CFR new Health Center. Subjecting a to obtain prior written approval from 1301.54(e) and 1301.57. messenger model network to a 30% the DOJ before forming, operating, The Deputy Administrator finds that, limit on participation, as well as to the owning an interest in, or participation in July of 1992, the Respondent other qualified managed care plan in a messenger model. voluntarily surrendered his DEA limitations, is not only the most Certificate of Registration prior to effective way to prevent a boycott from Certificate of Service receiving a misdemeanor conviction in being effective, but also makes I, Pamela Girardi, hereby certify that the Court of Common Pleas of compliance easily verifiable.1 Allowing copies of the United States’ Response to Allegheny County, Pennsylvania, for defendants to operate a messenger Public Comments in U.S. v. Women’s prescribing controlled substances ‘‘not model that does not require DOJ Hospital Foundation and Woman’s in good faith in the course of this approval and does not limit the number Physician Health Organization, Civ. No. professional practice.’’ On July 7, 1993, of physicians who can participate, 96–389–B–MZ were served on the 15th the Respondent applied for a new would be imprudent and would day of August 1996 by first class mail Certificate of Registration, disclosing his jeopardize the efficacy of the Final to counsel as follows: prior voluntary surrender and for Judgment. Consequently, we believe circumstances surrounding that event. John J. Miles, that any network operated by Further investigation disclosed that defendants based on a messenger model Ober, Kaler, Grimes & Shriver, Fifth Floor, on September 23, 1993, and on October 1401 H Street, NW., Washington, DC 20005. should be subject to all the limitations 8, 1993, the Respondent unlawfully placed on a qualified managed care Toby G. Singer, wrote prescriptions without a legitimate plan. Jones, Day, Reavis & Pogue, 1450 G Street, medical purpose, and obtained A 30% participation limitation on the NW., Washington, DC 20005. possession of Schedule II controlled messenger model would also have a Pamela C. Girardi. substances containing oxycodone. significant deterrent effect on any [FR Doc. 96–21432 Filed 8–21–96; 8:45 am] Consequently, on May 16, 1994, the attempts to use the messenger model as BILLING CODE 4410±01±M Respondent pleaded guilty to two a means to coordinate pricing because counts of unlawful possession of managed care plans competing with the controlled substances by Woman’s Hospital/WPHO qualified Drug Enforcement Administration misrepresentation, in violation of the managed care plan could exclude the Pennsylvania Controlled Substance, 30% of the doctors involved in the price Mitchell F. West, D.O., Denial of Drug, Device and Cosmetic Act, (Drug fix. Consequently, there would be little Application Act) resulting in a state felony incentive for only 30% of the physicians conviction. The investigation revealed On January 24, 1996, the Deputy to agree on prices. Therefore, the 30% that the Respondent had a substance Assistant Administrator, Office of participation limit goes a long way abuse problem, and as part of his court Diversion Control, Drug Enforcement toward preventing such an agreement sentence, he was ordered to seek Administration (DEA), issued an Order from taking place. evaluation for substance abuse and to If it is important to prevent both price to Show Cause to Mitchell F. West, ‘‘follow all treatment fixing and boycott activity via the D.O., (Respondent) of Bethel Park, recommendations.’’ formation of a managed care plan, it is Pennsylvania, notifying him of an Also, on July 20, 1994, the illogical to address only the price fixing opportunity to show cause as to why Respondent pleaded guilty to one count potential inherent in a negotiating DEA should not deny his application, of delivering a controlled substance in organization of physician and hospital dated July 7, 1993, for a DEA Certificate violation of the Drug Act, again a felony providers. The use of the messenger of Registration pursuant to 21 U.S.C. offense. Consequently, on December 5, model alone does not address the 823(f), as being inconsistent with the 1994, the State Board of Osteopathic potential for such a negotiating public interest. The order also notified Medicine (Board) ordered the organization to be the vehicle for the Respondent that, should no request Respondent to ‘‘cease and desist organizing a boycott. Without for a hearing be filed within 30 days, the immediately from the practice of limitations such as those placed on hearing right would be deemed waived. osteopathic medicine in the qualified managed care plans, a The order was mailed by certified mail, Commonwealth of Pennsylvania’’ messenger model could be a vehicle for and a signed return receipt dated because of his felony convictions. From providers to collectively agree not to January 30, 1996, was received by the these facts, the Deputy Administrator deal. Similarly, we cannot see any DEA. However, no request for a hearing infers that, since the Respondent is not distinction between a messenger model or any other reply was received by the authorized to practice medicine in and qualified managed care plan that DEA from the Respondent or anyone Pennsylvania, he also lacks justifies not requiring prior written DOJ purporting to represent him in this authorization to handle controlled approval for operating a messenger matter. Subsequently, on March 25, substances in that state. model. Consequently, we believe that 1996 the investigative file was The Drug Enforcement the messenger model should be limited transmitted to the Deputy Administrator Administration cannot register a to participation by 30% of the for final agency action. practitioner who is not duly authorized physicians in any relevant market, and Therefore, the Deputy Administrator, to handle controlled substances in the should be subject to the other finding that (1) thirty days have passed state in which he conducts his business. restrictions placed on qualified since the issuance of the Order to Show See 21 U.S.C. 823(f) (authorizing the managed care plans. Finally, we Cause, and (2) no request for a hearing Attorney General to register a recommend that the defendants and has been received, concludes that the practitioner to dispense controlled Respondent is deemed to have waived substances only if the applicant is 1 While 30% of the physicians in a market could his hearing right. After considering authorized to dispense controlled attempt a boycott, it is unlikely they would try relevant material from the investigative substances under the laws of the state in because a boycott consisting of only 30% of the physicians in any relevant market would file in this matter, the Deputy which he or she practices); and 802(21) undoubtedly, and obviously fail. Administrator now enters his final order (defining ‘‘practitioner’’ as one Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43385 authorized by the United States or the applicable State, Federal, or local laws obtained by calling the Department of state in which he or she practices to relating to controlled substances,’’ it is Labor Acting Departmental Clearance handle controlled substances in the undisputed that the Respondent has Officer, Theresa M. O’Malley ((202) course of professional practice or received two state felony convictions 219–5095). Individuals who use a research). This prerequisite has been since September of 1993, for violating telecommunications device for the deaf consistently upheld. See Dominick A. the Drug Act by unlawfully possessing (TTY/TDD) may call (202) 219–4720 Ricci, M.D., 58 FR 51,104 (1993); James controlled substances, and unlawfully between 1:00 p.m. and 4:00 p.m. Eastern H. Nickens, M.D., 57 FR 59,847 (1992); delivering controlled substances. Such time, Monday through Friday. Roy E. Hardman, M.D., 57 FR 49,195 conduct directly violates the public’s Comments should be sent to Office of (1992); Myong S. Yi, M.D., 54 FR 30,618 interest in the continuation of lawful Information and Regulatory Affairs, (1989); Bobby Watts, M.D., 53 FR 11,919 and safe handling of controlled Attn: OMB Desk Officer for (BLS/DM/ (1988). substances. ESA/ETA/OAW/MSHA/OSHA/PWBA/ Further, pursuant to 21 U.S.C. 823(f), Finally, as to factor five, ‘‘[s]uch other VETS), Office of Management and the Deputy Administrator may deny an conduct which may threaten the public Budget, Room 10235, Washington, DC application for a DEA Certificate of health and safety,’’ the Deputy 20503 ((202) 395–7316), within 30 days Registration if he determines that Administrator finds it significant that from the date of this publication in the granting the registration would be the Respondent demonstrated a blatant Federal Register. inconsistent with the public interest. disregard of Federal legal requirements The OMB is particularly interested in Section 823(f) requires that the by knowingly handling controlled comments which: following factors be considered: substances without possessing a DEA * Evaluate whether the proposed (1) The recommendation of the Certificate of Registration; in fact, he collection of information is necessary appropriate State licensing board or engaged in such conduct while his for the proper performance of the professional disciplinary authority. application for a registration was functions of the agency, including (2) The applicant’s experience in pending. Further, the Respondent’s whether the information will have dispensing, or conducting research with failure to respond to the Order to Show practical utility; respect to controlled substances. Cause, either by requesting a hearing or * Evaluate the accuracy of the (3) The applicant’s conviction record by submitting a written response, agency’s estimate of the burden of the under Federal or State laws relating to indicates that he is either unwilling or proposed collection of information, the manufacture, distribution, or unable to proffer support at the present including the validity of the dispensing of controlled substances. methodology and assumptions used; (4) Compliance with applicable State, time for his application. Therefore, the Deputy Administrator * Enhance the quality, utility, and Federal, or local laws relating to clarity of the information to be controlled substances. finds that the public interest is best served by denying the Respondent’s collected; and (5) Such other conduct which may * Minimize the burden of the application. Accordingly, the Deputy threaten the public health and safety. collection of information on those who Administrator of the Drug Enforcement These factors are to be considered in the are to respond, including through the Administration, pursuant to the disjunctive; the Deputy Administrator use of appropriate automated, authority vested in him by 21 U.S.C. may rely on any one or a combination electronic, mechanical, or other 823, and 28 CFR 0.100(b) and 0.104, of factors and may give each factor the technological collection techniques or hereby orders that the Respondent’s weight he deems appropriate in other forms of information technology, application for a DEA Certificate of determining whether a registration e.g., permitting electronic submission of Registration be, and it hereby is, denied. should be revoked or an application for responses. registration denied. See Henry J. This order is effective September 23, Agency: Employment and Training Schwarz, Jr., M.D., Docket No. 88–42, 54 1996. Administration. FR 16422 (1989). Dated: August 13, 1996. Title: Quarterly Determinations, In this case, all five factors are Stephen H. Greene, Allowance activities and Employability relevant in determining whether Deputy Administrator. Services Under the Trade Act; Training granting the Respondent’s application [FR Doc. 96–21416 Filed 8–21–96; 8:45 am] Waivers Issued and Revoked. would be inconsistent with the public OMB Number: 1205–0016. BILLING CODE 4410±09±M interest. As to factor one, Agency Number: ETA–563. ETA– ‘‘recommendation of the appropriate 9027. State licensing board * * *’’, the Board, Frequency: Quarterly. after reviewing the Respondent’s DEPARTMENT OF LABOR Affected Public: State, Local or Tribal Government. unlawful professional conduct, ordered Office of the Secretary the Respondent to cease the practice of Average osteopathic medicine in Pennsylvania. Submission for OMB Review; Re- time per Total It is therefore reasonable to infer, and Comment Request Form sponses response burden the Respondent does not deny, that (minutes) because he is not authorized to practice August 16, 1996. medicine, he is not authorized to handle The Department of Labor (DOL) has ETA± 45 (aver- 12 3,420 controlled substances in Pennsylvania submitted the following public 563. age 95 information collection requests (ICRs) to reports as a result of the Board’s order. per As to factor two, the Respondent’s the Office of Management and Budget quarter). ‘‘experience in dispensing * ** (OMB) for review and approval in ETA± 52 ...... 15 52 controlled substances,’’ factor three, the accordance with the Paperwork 9027. Respondent’s ‘‘conviction record under Reduction Act of 1995 (Pub. L. 104–13, Federal or State laws relating to * ** 44 U.S.C. Chapter 35). Copies of these Total Burden Hours: 3,472. controlled substances’’, and factor four, individual ICRs, with applicable Total Annualized capital/startup the Respondent’s ‘‘[c]ompliance with supporting documentation, may be costs: 0. 43386 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

Total annual costs (operating/ functions of the agency, including Average Time per Response: .34 maintaining systems or purchasing whether the information will have hours. services): 0. practical utility; Extimated Total Burden Hours: 212. Description: Quarterly data on trade • evaluate the accuracy of the Total Burden Cost (capital/startup): adjustment assistance and the North agency’s estimate of the burden of the $4,240. American Free Trade Agreement proposed collection of information, Comments submitted in response to (NAFTA) activity is needed for timely including the validity of the this comment request will be program evaluation necessary for methodology and assumptions used; summarized and/or included in the competent administration; and for • enhance the quality, utility, and request for Office of Management and providing legally mandated reports to clarity of the information to be Budget approval of the information the Congress on the Trade Adjustment collected; and collection request; they will also Assistance Program. Quarterly number • minimize the burden of the become a matter of public record. of waivers of training issued and collection of information on those who Dated: August 16, 1996. removed by reasons are needed for are to respond, including through the Mary Ann Wyrsch, proper administration and to provide use of appropriate automated, Director, Unemployment Insurance Service. statutorily required reports to the electronic, mechanical, or other [FR Doc. 96–21436 Filed 8–21–96; 8:45 am] Congress. technological collection techniques or BILLING CODE 4510±30±M Theresa M. O’Malley, other forms of information technology, Acting Departmental Clearance Officer. e.g., permitting electronic submissions [FR Doc. 96–21437 Filed 8–21–96; 8:45 am] of responses. Pension and Welfare Benefits BILLING CODE 4510±30±M ADDRESSEE: Cynthia Ambler, Administration Unemployment Insurance Service, Employment and Training Working Group on Guidance for Employment and Training Administration, U.S. Department of Selecting and Monitoring Service Administration Labor, Room S–4231, 200 Constitution Providers, Advisory Council on Ave., NW., Washington, DC, 20210; Employee, Welfare and Pension Proposed Collection; Comment telephone number (202) 219–9204; fax Benefits Plans; Notice of Meeting Request (202) 219–8506 (these are not toll free Pursuant to the authority contained in ACTION: Notice. numbers). Section 512 of the Employee Retirement SUPPLEMENTARY INFORMATION: Income Security Act of 1974 (ERISA), 29 SUMMARY: The Department of Labor, as U.S.C. 1142, a public meeting of the part of its continuing effort to reduce I. Background Working Group on Guidance for paperwork and respondent burden This report serves a variety of socio- Selecting and Monitoring Service conducts a preclearance consultation economic needs at both the State and Providers of the Advisory Council on program to provide the general public National offices because it provides the Employee Welfare and Pension Benefit and Federal agencies with an only demographic information on the Plans will be held on Sept. 10, 1996, in opportunity to comment on proposed insured unemployed. Among these Room S3215 A&B, U.S. Department of and/or continuing collections of needs are promoting employment Labor Building, Third and Constitution information in accordance with the opportunities, improving utilization of Avenue, NW., Washington, DC 20210. Paperwork Reduction Act of 1995 manpower resources, evaluation of the The purpose of the meeting, which (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This unemployment insurance program and will run from 9:30 a.m. to noon, is to program helps to ensure that requested projecting workloads and budgets. receive testimony from mutual funds data can be provided in the desired These areas can be tracked not just and insurance industry officials on how format, reporting burden (time and nationally but on a State by State basis. to guide plans in selecting investment financial resources) is minimized, This report becomes particularly useful consultants and advisers. collection instruments are clearly during economic downturns when Members of the public are encouraged understood, and the impact of collection interest in the composition of the to file a written statement pertaining to requirements on respondents can be insured unemployed is particularly any topic concerning ERISA by properly assessed. Currently, the high. submitting 20 copies on or before Aug. Employment and Training 28, 1996, to Sharon Morrissey, Acting Administration is soliciting comments II. Current Actions Executive Secretary, ERISA Advisory concerning the proposed extension of This report continues to be needed as Council, U.S. Department of Labor, the collection of the ETA 203, it is the only source of demographic Room N–5677, 200 Constitution Characteristics of the Insured information on the insured Avenue, NW., Washington, DC 20210. Unemployed. A copy of the proposed unemployed. Individuals or representatives of information collection request (ICR) can Type of Review: Extension without organizations wishing to address the be obtained by contacting the office change. Working Group on Guidance for listed below in the addressee section of Agency: Employment and Training Selecting and Monitoring Service this notice. Administration. Providers should forward their request DATES: Written comments must be Title: Characteristics of the Insured to the Acting Executive Secretary or submitted to the office listed in the Unemployed. telephone (202) 219–8753. Oral addressee section below on or before OMB Number: 1205–0009. presentations will be limited to 10 October 21, 1996. The Department of Agency Number: ETA 203. minutes, but an extended statement may Labor is particularly interested in Affected Public: State Government. be submitted for the record. Individuals comments which: Cite/Reference/Form/etc: ETA 203. with disabilities, who need special • evaluate whether the proposed Total Respondents: 53. accommodations, should contact Sharon collection of information is necessary Frequency: Monthly. Morrissey by Sept. 3, 1996, at the for the proper performance of the Total Responses: 636. address indicated in this notice. Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43387

Organizations or individuals may also Acting Executive Secretary of the Signed at Washington, DC this 16th day of submit statements for the record Advisory Council at the above address. August, 1996. without testifying. Twenty (20) copies of Papers will be accepted and included in Olena Berg, such statements should be sent to the the record of the meeting if received on Assitant Secretary, Pension and Welfare Acting Executive Secretary of the or before Aug. 28, 1996. Benefits Administration. Advisory Council at the above address. Signed at Washington, DC this 16th day of [FR Doc. 96–21440 Filed 8–21–96; 8:45 am] Papers will be accepted and included in August, 1996. BILLING CODE 4510±29±M the record of the meeting if received on Olena Berg, or before Aug. 28. Assistant Secretary, Pension and Welfare Signed at Washington, D.C., this 16th day Benefits Administration. Working Group on the Impact of of August 1996. [FR Doc. 96–21439 Filed 8–21–96; 8:45 am] Alternative Tax Reform Proposals on Olena Berg, BILLING CODE 4510±29±M ERISA Employer-Sponsored Plans; Assistant Secretary, Pension and Welfare Advisory Council on Employee Welfare Benefits Administration. and Pension Benefits Plans Meeting [FR Doc. 96–21438 Filed 8–21–96; 8:45 am] Pension and Welfare Benefits BILLING CODE 4510±29±M Administration Full Council Meeting; Pursuant to the authority contained in Advisory Council on Employee Section 512 of the Employee Retirement Welfare and Benefits Plans Income Security Act of 1974 (ERISA), 29 Pension and Welfare Benefit U.S.C. 1142, a public meeting of the Administration Pursuant to the authority contained in Working Group on the Impact of Section 512 of the Employee Retirement Alternative Tax Proposals on ERISA Working Group Studying Third Party Income Security Act of 1974 (ERISA), 29 Employer-Sponsored Plans of the Trustees To Protect Plan Participants, U.S.C. 1142, a full council meeting of Advisory Council on Employee Welfare Advisory Council on Employee Welfare the Advisory Council on Employee and Pension Benefit Plans will be held and Pension Benefits Plans; Notice of Welfare and Pension Benefit Plans will on Sept. 11, 1996, in Room S–3215 Meeting be held on Sept. 11, 1996, in Room S– A&B, U.S. Department of Labor Pursuant to the authority contained in 3215 A&B, U.S. Department of Labor Building, Third and Constitution Section 512 of the Employee Retirement Building, Third and Constitution Avenue, NW., Washington, DC 20210. Avenue, NW., Washington, DC 20210. Income Security Act of 1974 (ERISA), 29 The purpose of the meeting, which The purpose of this meeting, which U.S.C. 1142, a public meeting of the will be held from 9:30 a.m. to noon, is will be from 1 to 2 p.m., is to brief Working Group on Protections for to take public testimony on various Assistant Secretary Berg on the status of Benefit Plan Participants of the federal tax reform proposals and the the Working Groups’ progress in Advisory Council on Employee Welfare impact they may have on employer- meeting the challenges they agreed to and Pension Benefit Plans will be held sponsored ERISA plans. on Sept. 10, 1996, in Room S–3215 accept this year. The council will also be briefed by Assistant Secretary Berg Members of the public are encouraged A&B, U.S. Department of Labor to file a written statement pertaining to Building, Third and Constitution on the activities and accomplishments of the agency and the department. any topic concerning ERISA by Avenue, NW., Washington, DC 20210. submitting 20 copies on or before Aug. The purpose of the meeting, which Members of the public are encouraged 28, 1996, to Sharon Morrissey, Acting will be held from 1 to 3:30 p.m., is to to file a written statement pertaining to Executive Secretary, ERISA Advisory receive testimony on the issue. any topic concerning ERISA by Members of the public are encouraged submitting 20 copies on or before Aug. Council, U.S. Department of Labor, to file a written statement pertaining to 28, 1996, to Sharon Morrissey, Acting Suite N–5677, 200 Constitution Avenue, any topic concerning ERISA by Executive Secretary, ERISA Advisory NW., Washington, DC 20210. submitting 20 copies on or before Aug. Council, U.S. Department of Labor, Individuals or representatives of 28, 1996 to Sharon Morrissey, Acting Suite N–5677, 200 Constitution Avenue, organizations wishing to address the Executive Secretary, ERISA Advisory NW., Washington, DC 20210. Working Group on the Impact of Council, U.S. Department of Labor, Individuals or representatives or Alternative Tax Proposals on ERISA Suite N–5677, 200 Constitution Avenue, organizations wishing to address the Employer-Sponsored Plans should NW., Washington, DC 20210. Advisory Council should forward their forward their request to the Acting Individuals or representatives of request to the Acting Executive Executive Secretary or telephone (202) organizations wishing to address the Secretary of telephone (202) 219–8753. 219–8753. Oral presentations will be Working Group on Protections for Oral presentations will be limited to 10 limited to 10 minutes, but an extended Benefit Plan Participants of the minutes, but an extended statement may statement may be submitted for the Advisory Council should forward their be submitted for the record. Individuals record. Individuals with disabilities, request to the Acting Executive with disabilities, who need special who need special accommodations, Secretary or telephone (202) 219–8753. accommodations, should contact Sharon should contact Sharon Morrissey by Oral presentations will be limited to 10 Morrissey by Sept. 3 at the address Sept. 3 at the address indicated in this minutes, but an extended statement may indicated in this notice. notice. be submitted for the record. Individuals Organizations or individuals may also Organizations or individuals may also with disabilities, who need special submit statements for the record submit statements for the record accommodations, should contact Sharon without testifying. Twenty (20) copies of without testifying. Twenty (20) copies of Morrissey by Sept. 3, at the address such statements should be sent to the such statements should be sent to the indicated in the notice. Acting Executive Secretary of the Acting Executive Secretary of the Organizations or individuals may also Advisory Council at the above address. Advisory Council at the above address. submit statements for the record Papers will be accepted and included in Papers will be accepted and included in without testifying. Twenty (20) copies of the record of the meeting if received on the record of the meeting if received on such statements should be sent to the or before Aug. 28, 1996. or before Aug. 28, 1996. 43388 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

Signed at Washington, DC this 16th day of that are submitted will be summarized NATIONAL COMMUNICATIONS August, 1996. and included in the NARA request for SYSTEM Olena Berg, Office of Management and Budget Assistant Secretary, Pension and Welfare (OMB) approval. All comments will National Communications System Benefits Administration. become a matter of public record. In this Directive; Communications Resource [FR Doc. 96–21441 Filed 8–21–96; 8:45 am] notice, NARA is soliciting comments Information Sharing Initiative BILLING CODE 4510±29±M concerning the following information AGENCY: National Communications collection: System (NCS). Title: National Archives Order for ACTION: Notice of NCS Directive. NATIONAL ARCHIVES AND RECORDS Land Claim Records. ADMINISTRATION OMB number: New collection; SUMMARY: This directive establishes number to be assigned. National Communications System (NCS) Agency Information Collection policies pertaining to administering and Activities: Proposed Collection; Agency form number: NATF 84. using the NCS Communications Comment Request Type of review: Regular. Resource Information Sharing (CRIS) AGENCY: National Archives and Records Affected public: Individuals who wish initiative. Administration (NARA). to order copies of land claim records in Information: Telephone (703) 607– ACTION: Notice. the National Archives of the United 6104 or write the Manager, National States. Communications System, 701 S. SUMMARY: NARA is giving public notice Courthouse Rd., Arlington, VA 22204– Estimated number of respondents: that the agency proposes to establish a 2198. 14,000. new information collection for Dennis Bodson, submitting requests for copies of pages Estimated time per response: 10 Chief, Technology and Standards Division. of Federal land entry case files that are minutes. NCS Directive 3–9 in the National Archives of the United Frequency of response: On occasion States. The public is invited to comment (when respondent wishes to search for Telecommunications Operations on the proposed information collection or order copies of land claim records). Communications Resource Information pursuant to the Paperwork Reduction Estimated total annual burden hours: Sharing Initiative Act of 1995. 2,334 (rounded off number). DATES: Written comments must be 1. Purpose. This directive establishes received on or before October 28, 1996 Abstract: The NATF form 84 will be National Communications System (NCS) to be assured of consideration. used by researchers to request that policies pertaining to administrating NARA search for and make copies of and using the NCS Communications ADDRESSES: Comments should be sent pages from Federal land entry case files Resource Information Sharing (CRIS) to: Paperwork Reduction Act Comments (land claim records) in the custody of initiative. (PIRM–POL), Room 4100, National the National Archives. These records 2. Applicability. This directive is Archives and Records Administration, generally date from 1800 to binding upon NCS and other Executive 8601 Adelphi Rd, College Park, MD approximately 1965. Submission of entities that voluntarily elect to 20740–6001; or faxed to 301–713–7270; requests on a form is necessary to participate in the CRIS initiative. or electronically mailed to handle in a timely fashion the volume 2. Authority. This directive is issued [email protected]. of requests received for these records under the authority of Executive Order FOR FURTHER INFORMATION CONTACT: (approximately 14,000 per year) and the No. 12472, ‘‘Assignment of National Requests for additional information or need to obtain specific information from Security and Emergency Preparedness copies of the proposed information the researcher to search for the records Telecommunications Functions,’’ April collections and supporting statements sought. The form will be printed on 3, 1984; 49 Federal Register 13471, should be directed to Nancy Allard at carbonless paper as a multi-part form to April 5, 1984; and NCS Directive 1–1, telephone number 301–713–6730, ext. allow the researcher to retain a copy if ‘‘National Communications System 226, or fax number 301–713–7270. his request and NARA to respond to the (NCS) Issuance System,’’ November 30, SUPPLEMENTARY INFORMATION: Pursuant researcher on the results of the search or 1987. to the Paperwork Reduction Act of 1995 to bill for copies if the researcher wishes 4. References. (Public Law 104–13), NARA invites the to order the copies. As a convenience, a. Executive Order No. 12472, general public and other Federal the form will allow researchers to ‘‘Assignment of National Security and agencies to comment on proposed provide credit card information to Emergency Preparedness information collections. The comments authorize billing and expedited mailing Telecommunications Functions,’’ April and suggestions should address one or of the copies. NARA is not able at 3, 1984, 49 Federal Register 13471. more of the following points: (a) present to accept electronic submission b. Executive Order No. 12656, Whether the proposed collection of requests; however, we intend to ‘‘Assignment of Emergency information is necessary for the proper address security of financial information Preparedness Responsibilities,’’ performance of the functions of NARA; and other issues as we continue our November 18, 1988. (b) the accuracy of NARA’s estimate of efforts to increase electronic access to c. ‘‘A Concept of Operations for the the burden of the proposed information NARA and its holdings. NCS Communications Resource collections; (c) ways to enhance the Information Sharing (CRIS) Initiative,’’ Dated: August 16, 1996. quality, utility, and clarity of the April 2, 1994. information to be collected; and (d) L. Reynolds Cahoon, 5. General. ways to minimize the burden of the Assistant Archivist for Policy and IRM a. Many Federal departments and collection of information on Services. agencies possess communications respondents, including the use of [FR Doc. 96–21433 Filed 8–21–96; 8:45 am] resources in the form of assets, services, information technology. The comments BILLING CODE 7515±01±P and capabilities which could be shared Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43389 voluntarily with other Federal and emergency preparedness exercises) were open to the public, these matters departments and agencies. The NCS to assess its effectiveness. that are exempt under 5 U.S.C. 552b(c) CRIS initiative establishes an (3) Ensure that the missions and (4) and (6) of the Government in the information source which provides operations of departments and agencies Sunshine Act would be improperly resource points of contact, associated are not adversely impacted when using disclosed. communications resources, and CRIS. Dated: August 19, 1996. (4) Coordinate the use of existing supporting information for use by CRIS M. Rebecca Winkler, participants. radio frequency authorizations to ensure b. The CRIS information source will that interference with other authorized Committee Management Officer. facilitate on a voluntary basis the radio services does not occur when [FR Doc. 96–21445 Filed 8–21–96; 8:45 am] sharing of communications resources in loaning spectrum-dependent resources. BILLING CODE 7555±01±M non-Presidentially declared disasters, 7. Authorizing Provisions. An NCS emergencies, or as necessary for critical Handbook to support this directive is needs. authorized. Special Emphasis Panel in Design, c. Use of CRIS shall not interfere with 8. Effective Date. This Directive is Manufacture, and Industrial departmental or agency missions and effective immediately. Innovation; Notice of Meeting operations. 9. Expiration. This Directive is in In accordance with the Federal d. Participants will identify resource effect until superseded or canceled. Advisory Committee Act (Pub. L. 92– points of contact to facilitate the rapid Dated: February 12, 1996. 463, as amended), the National Science coordination and sharing of resources. John H. Gibbons, Foundation announces the following e. Participants having centralized meeting: control points or operations centers for Director, Office of Science and Technology managing communications assets may Policy. Name: Special Emphasis Panel in elect to identify only the control point [FR Doc. 96–21369 Filed 8–21–96; 8:45 am] Design, Manufacture, and Industrial as the point of contact. If the resources BILLING CODE 5000±03±M Innovation—(1194). are regionally based and administered, Date and Time: September 10, 1996, the controlling entity may elect to 8:30 a.m.–5:00 p.m. decentralize CRIS participation and NATIONAL SCIENCE FOUNDATION Place: Room 380, National Science identify regional control points as the Foundation, 4201 Wilson Boulevard, points of contact. Committee of Visitors Meeting in Arlington, VA 22230. f. Identification of CRIS resources may Design, Manufacture, and Industrial Type of Meeting: Closed. include government-owned and -leased Innovation; Notice of Meeting Contact Person: Darryl Gorman, SBIR Program Manager, SBIR Office, (703) or otherwise government-controlled In accordance with the Federal communications resources. 306–1391, Liselotte Schioler, Program Advisory Committee Act (Pub. L. 92– Officer, Materials Research, (703) 306– g. Supporting information in the CRIS 463, as amended), the National Science information source will include 1836, National Science Foundation, Foundation announces the following 4201 Wilson Boulevard, Arlington, VA minimum coordination guidance to meeting: ensure non-interference. 22230. h. Providers of CRIS resources may Name: Committee of Visitors in Purpose of Meeting: To provide establish terms and conditions related to Design, Manufacture, and Industrial advice and recommendations the sharing of CRIS resources. Innovation—(1194). concerning proposals submitted to the 6. Responsibilities. Date and Time: September 10–11, NSF for financial support. a. The NCS Committee of Principals is 1996, 8:30 a.m.–5:00 p.m. Agenda: To review and evaluate SBIR the approving body for the CRIS Place: Rooms 530 and 580, National Phase I proposals concerning Materials Initiative. The Office of the Manager, Science Foundation, 4201 Wilson Research and NanoMaterials as part of NCS (OMNCS), will provide technical, Boulevard, Arlington, VA 22230. the selection process for awards. administrative, and maintenance Type of Meeting: Closed. Reason for Closing: The proposals support in developing and Contact Person: Dr. Georgia-Ann being reviewed include information of a implementing CRIS. Upon Klutke, Program Director, Operations proprietary or confidential nature, implementation, the OMNCS will also and Productions Systems Program, (703) including technical information, act as a coordinator for CRIS. 306–1330, National Science Foundation, financial data such as salaries, and b. The Federal Emergency 4201 Wilson Boulevard, Arlington, VA personal information concerning Management Agency (FEMA), General 22230. individuals associated with the Services Administration (GSA), and Purpose of Meeting: To carry out proposals. These matters are exempt OMNCS will coordinate on Committee of Visitors (COV) review, under 5 USC 552b(c) (4) and (6) of the implementing and maintaining the CRIS including examination of decisions on Government in the Sunshine Act. information source, and distributing the proposals, reviewer comments, and Dated: August 19, 1996. information to ensure CRIS activities do other privileged materials. M. Rebecca Winkler, not conflict with the disaster and Closed Session: September 10–11, Committee Management Officer. 1996, 8:30 a.m.–5:00 p.m., to provide emergency management responsibilities [FR Doc. 96–21446 Filed 8–21–96; 8:45 am] of FEMA and GSA during Presidentially oversight review of the Operations and BILLING CODE 7555±01±M declared emergencies. Production Systems Program. c. CRIS participants will: Reason for Closing: The meeting is (1) Help develop the CRIS information closed to the public because the Special Emphasis Panel in Design, source and maintain the currency and Committee is reviewing proposal Manufacture, and Industrial accuracy of their information contained actions that will include privileged Innovation; Notice of Meeting in the information source. intellectual property and personal (2) Use CRIS in conjunction with information that could harm individuals In accordance with the Federal other activities (e.g., national security if they were disclosed. If discussions Advisory Committee Act (Pub L. 92– 43390 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

463, as amended), the National Science Reason for Closing: The proposals being Name: Special Emphasis Panel in the Foundation announces the following reviewed include information of a Geosciences (1756). meeting: proprietary of confidential nature including Date and Time: September 9 and technical information, financial data such as September 10, 1996; 8:30 am to 5:00 pm. Name: Special Emphasis Panel in Design, salaries, and personal information Place: Room 770, National Science Manufacture, and Industrial Innovation— concerning individuals associated with the Foundation, 4201 Wilson Boulevard, (1194). proposals. These matters are exempt under 5 Arlington, VA 22230. Date and Time: September 11, 1996, 8:30 U.S.C. 552b(c)(4) and (6) of the Government Type of Meeting: Closed. a.m.–5:00 p.m. in the Sunshine Act. Contact Person: Dr. Sunanda Basu, Place: Room 380, National Science Foundation, 4201 Wilson Boulevard, Dated: August 19, 1996. Program Director, Aeronomy; Dr. Robert M. Robinson, Program Director, Upper Arlington, VA 22230. M. Rebecca Winkler, Atmosphere Facilities; Division of Type of Meeting: Closed. Committee Management Officer. Contact Person: Sara Nerlove, SBIR Atmospheric Sciences; Room 775; 4201 Program Manager, SBIR Office, (703) 306– [FR Doc. 96–21448 Filed 8–21–96; 8:45 am] Wilson Boulevard; Arlington, VA 22230; 1391, Lawrence Scadden, Program Officer, BILLING CODE 7555±01±M telephone number (703) 306–1518. Education and Human Resources, HRD, (703) Purpose of Meeting: To provide and make 306–1636, National Science Foundation, recommendations concerning the Coupling, 4201 Wilson Boulevard, Arlington, VA Special Emphasis Panel in Elementary, Energetics and Dynamics of Atmospheric 22230. Secondary and Informal Education; Regions (CEDAR) proposals. Purpose of Meeting: To provide advice and Notice of Meeting Agenda: To review and evaluate the recommendations concerning proposals Coupling, Energetics and Dynamics of submitted to the NSF for financial support. In accordance with the Federal Atmospheric Regions (CEDAR) proposals. Agenda: To review and evaluate SBIR Reason for Closing: The proposals being Phase I proposals concerning Education and Advisory Committee Act (Pub. L. 92– 463, as amended), the National Science reviewed include information of a Human Resources as part of the selection proprietary or confidential nature, including process for awards. Foundation announces the following technical information, financial data, and Reason for Closing: The proposals being meeting. personal information concerning individuals reviewed include information of a Name and Committee Code: Special associated with the proposals. These matters proprietary or confidential nature, including Emphasis Panel in Elementary, Secondary are exempted under 5 U.S.C. 552b(c), (4) and technical information, financial data such as and Informal Education (#59). (6) of the Government in the Sunshine Act. salaries, and personal information Date and Time: Monday, September 9, concerning individuals associated with the Dated: August 19, 1996. 1996; 8:00 a.m. until 6:00 p.m. proposals. These matters are exempt under 5 M. Rebecca Winkler, USC 552b(c) (4) and (6) of the Government Place: National Science Foundation, 4201 Committee Management Office. in the Sunshine Act. Wilson Blvd. 3rd Fl., Arlington, VA 22230. Type of Meeting: Closed. [FR Doc. 96–21449 Filed 8–21–96; 8:45 am] Dated: August 19, 1996. Contact Person: Dr. Roger Mitchell, BILLING CODE 7555±01±M M. Rebecca Winkler, Program Director, Division of Elementary, Committee Management Officer. Secondary and Informal Education, National Science Foundation, 4201 Wilson Blvd., [FR Doc. 96–21447 Filed 8–21–96; 8:45 am] Special Emphasis Panel in Polar Arlington, VA 22230. Telephone: (703) 306– BILLING CODE 7555±01±M 1616. Programs; Notice of Meeting Purpose of Meeting: To provide advice and recommendations concerning Preliminary In accordance with the Federal Special Emphasis Panel in Design, proposals for the Parent Involvement in Advisory Committee Act (Pub. L. 92– Manufacture, and Industrial Science, Mathematics, and Technology 463, as amended), the National Science Innovation; Notice of Meeting Education Program submitted to NSF for Foundation announces the following financial support. meeting: In accordance with the Federal Agenda: To review and evaluate proposals Advisory Committee Act (Pub. L. 92– as part of the selection process for awards. Name: Special Emphasis Panel in Polar 463, as amended), the National Science Reason for closing: The proposals being Programs (1209). Foundation announces the following reviewed include information of a Date and Time: September 11–13, 1996, meeting: proprietary or confidential nature, including 8:00 am–5:00 pm. technical information; financial data, such as Place: Room 730, National Science Name: Special Emphasis Panel in Design, salaries; and personal information Foundation, 4201 Wilson Boulevard, Manufacture, and Industrial Innovation— concerning individuals associated with the Arlington, VA 22230. (1194). proposals. These matters are exempt under 5 Type of Meeting: Closed. Date and Time: September 11–12, 1996, U.S.C. 552b(c) (4) and (6) of the Government Contact Person: Scott Borg, Polar Programs, 8:30 a.m.–5:00 p.m. National Science Foundation, 4201 Wilson Place: Rooms 360 and 375, National in the Sunshine Act. Boulevard, Arlington, VA 22230. Telephone: Science Foundation, 4201 Wilson Boulevard, Dated: August 19, 1996. (703) 306–1033. Arlington, VA 22230. M. Rebecca Winkler, Type of Meeting: Closed. Purpose of Meeting: To provide advice and Committee Management Officer. Contact Person: Sara Nerlove, SBIR recommendations concerning proposals Program Manager, SBRI Office, (703) 306– [FR Doc. 96–21450 Filed 8–21–96; 8:45 am] submitted to NSF for financial support. 1391, Chalmers, Sechrist, Program Officer, BILLING CODE 7555±01±M Agenda: To review and evaluate Antarctic Education and Human Resources, HRD, (703) Geology and Geophysics Program proposals 306–1667, National Science Foundation, as part of the selection process for awards. 4201 Wilson Boulevard, Arlington, VA Special Emphasis Panel in Reason for Closing: The proposals being 22230. Geosciences: Notice of Meeting reviewed include information of a Purpose of Meeting: To provide advice and proprietary or confidential nature, including technical information; financial data, such as recommendations concerning proposals In accordance with the Federal submitted to the NSF for financial support. salaries and personal information concerning Agenda: To review and evaluate SBIR Advisory Committee Act (Pub. L. 92– individuals associated with the proposals. Phase I proposals concerning Education and 463, as amended), the National Science These matters are exempt under 5 U.S.C. Human Resources, Undergraduate Education Foundation announces the following 552b(c) (4) and (6) of the Government in the as part of the selection process for awards. meeting: Sunshine Act. Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43391

Dated: August 19, 1996. Purpose of Meeting: To provide advice and amendment request involves no M. Rebecca Winkler, recommendations concerning proposals significant hazards consideration. Under submitted to NSF for financial support. Committee Management Officer. the Commission’s regulations in 10 CFR Agenda: To review and evaluate U.S. 50.92, this means that operation of the [FR Doc. 96–21451 Filed 8–21–96; 8:45 am] research proposals for international BILLING CODE 7555±01±M collaboration in materials research as part of facility in accordance with the proposed the selection process for awards. amendment would not (1) involve a Reason for Closing: The proposals being significant increase in the probability or Special Emphasis Panel in Polar reviewed include information of a consequences of an accident previously Programs; Notice of Meeting proprietary or confidential nature, including evaluated; or (2) create the possibility of technical information; financial data, such as a new or different kind of accident from In accordance with the Federal salaries; and personal information any accident previously evaluated; or Advisory Committee Act (Pub. L. 92– concerning individuals associated with the (3) involve a significant reduction in a 463, as amended), the National Science proposals. These matters are exempt under 5 margin of safety. As required by 10 CFR U.S.C. 552b(c), (4) and (6) of the Government Foundation announces the following in the Sunshine Act. 50.91(a), the licensee has provided its meeting. analysis of the issue of no significant Dated: August 19, 1996. Name: Special Emphasis Panel in Polar hazards consideration, which is M. Rebecca Winkler, Programs (1209). presented below: Date and Time: September 11–13, 1996, Committee Management Officer. The proposed schedule changes do not 8:00 am–5:00 pm. [FR Doc. 96–21453 Filed 8–21–96; 8:45 am] involve a significant increase in the Place: Room 1120, National Science BILLING CODE 7555±01±M probability or consequences of an accident Foundation, 4201 Wilson Boulevard, previously evaluated because: Arlington, VA 22230. In general, the Technical Specification Type of Meeting: Closed. provisions approved under TSUP represent Contact Person: Julie Palais, Polar NUCLEAR REGULATORY the conversion of current requirements to a Programs, National Science Foundation, 4201 COMMISSION more generic format, or the addition of Wilson Boulevard, Arlington, VA 22230. [Docket Nos. 50±237 and 50±249] requirements which are based on the current Telephone: (703) 306–1033. safety analysis. The delay of implementation Purpose of Meeting: To provide advice and Commonwealth Edison Company; of TSUP will result in delay in the recommendations concerning proposals incorporation of provisions that provide submitted to NSF for financial support. Notice of Consideration of Issuance of increased reliability of equipment assumed to Agenda: To review and evaluate Antarctic Amendment to Facility Operating operate in the current safety analysis, or Glaciology Program proposals as part of the Licenses, Proposed No Significant provide continued assurance that specified selection process for awards. Hazards Consideration Determination, parameters remain within their acceptance Reason for Closing: The proposals being and Opportunity for a Hearing limits. A deferral in the implementation of reviewed include information of a the TSUP will not result in alteration of the proprietary or confidential nature, including The U.S. Nuclear Regulatory precursors associated with the transients and technical information; financial data, such as Commission (the Commission) is accidents that the current technical salaries and personal information concerning considering issuance of an amendment specifications and TSUP are based on. individuals associated with the proposals. to Facility Operating License Nos. DPR– Therefore, the deferral of TSUP These matters are exempt under 5 U.S.C. 19 and DPR–25 issued to implementation does not significantly 552b(c) (4) and (6) of the Government in the Commonwealth Edison Company (the increase the probability or consequences of a Sunshine Act. previously evaluated accident. licensee) for operation of the Dresden Create the possibility of a new or different Dated: August 19, 1996. Nuclear Power Station, Units 2 and 3, kind of accident from any previously M. Rebecca Winkler, respectively, located in Grundy County, evaluated because: Committee Management Officer. Illinois. In general, the Technical Specification [FR Doc. 96–21452 Filed 8–21–96; 8:45 am] The proposed amendment would provisions approved under TSUP represent the conversion of current requirements to a BILLING CODE 7555±01±M delay the implementation of an amendment issued on June 28, 1996. more generic format, or the addition of The implementation of the June 28, requirements which are based on the current safety analysis. TSUP provisions also Special Emphasis Panel in Social, 1996, license amendment was represent minor curtailments of the current Behavioral, and Economic Sciences; scheduled to take place 90 days after requirements which are based on generic Notice of Meeting issuance of the amendment, prior to guidance or previously approved provisions September 26, 1996. The amendment for other licensees. The changes to the In accordance with the Federal was the last in a series of amendments Technical Specification approved under Advisory Committee Act (Pub. L. 92– issued as part of the licensee’s TSUP have not required design changes to 463, as amended), the National Science Technical Specification Upgrade the plant nor will the deferral of TSUP result Foundation announces the following Program (TSUP). Both Dresden units in the creation of any design changes to meeting. Dresden Station. No new modes of have been in forced maintenance equipment operation are introduced by the Name: Special Emphasis Panel in Social, outages and, as a result, the licensee has deferral of TSUP implementation. The Behavioral, and Economic Sciences (1766). not been able to implement all of the deferral of TSUP implementation will Date and Time: September 12 and 13, Technical Specifications associated maintain at least the present level of 1996; 8:30 am–5:00 pm. with the TSUP program. operability. Place: Room 920, National Science Before issuance of the proposed Therefore, the proposed changes do not Foundation, 4201 Wilson Blvd., Arlington, license amendment, the Commission create the possibility of a new or different VA. will have made findings required by the kind of accident from any previously Type of Meeting: Closed. evaluated. Contact Persons: Rose Gombay and Atomic Energy Act of 1954, as amended Involve a significant reduction in the Christine French, Division of International (the Act) and the Commission’s margin of safety because: Programs, National Science Foundation, 4201 regulations. Some individual changes under TSUP Wilson Blvd., Arlington, VA 22230. The Commission has made a included the adoption of new requirements Telephone: (703) 306–1702. proposed determination that the which will provide enhancement of the 43392 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices reliability of the equipment assumed to The filing of requests for hearing and proceeding, a petitioner shall file a operate in the safety analysis, or provide petitions for leave to intervene is supplement to the petition to intervene enhanced assurance that specified discussed below. which must include a list of the parameters remain with their acceptance By September 23, 1996, the licensee contentions which are sought to be limits. The deferral of TSUP implementation may file a request for a hearing with litigated in the matter. Each contention will result in delay of realization of the addition of the enhanced provisions, but in respect to issuance of the amendment to must consist of a specific statement of no way creates an inadequacy of the current the subject facility operating license and the issue of law or fact to be raised or Technical Specifications to maintain the any person whose interest may be controverted. In addition, the petitioner existing margin of safety. The margin of affected by this proceeding and who shall provide a brief explanation of the safety in the current Technical Specifications wishes to participate as a party in the bases of the contention and a concise is adequate and is not reduced by the deferral proceeding must file a written request statement of the alleged facts or expert of TSUP. for a hearing and a petition for leave to opinion which support the contention The NRC staff has reviewed the intervene. Requests for a hearing and a and on which the petitioner intends to licensee’s analysis and, based on this petition for leave to intervene shall be rely in proving the contention at the review, it appears that the three filed in accordance with the hearing. The petitioner must also standards of 10 CFR 50.92(c) are Commission’s ‘‘Rules of Practice for provide references to those specific satisfied. Therefore, the NRC staff Domestic Licensing Proceedings’’ in 10 sources and documents of which the proposes to determine that the CFR Part 2. Interested persons should petitioner is aware and on which the amendment request involves no consult a current copy of 10 CFR 2.714 petitioner intends to rely to establish significant hazards consideration. which is available at the Commission’s those facts or expert opinion. Petitioner The Commission is seeking public Public Document Room, the Gelman must provide sufficient information to comments on this proposed Building, 2120 L Street, NW., show that a genuine dispute exists with Washington, DC, and at the local public determination. Any comments received the applicant on a material issue of law document room located at the Morris within 30 days after the date of or fact. Contentions shall be limited to Area Public Library District, 604 Liberty publication of this notice will be matters within the scope of the Street, Morris, Illinois 60450. If a considered in making any final amendment under consideration. The request for a hearing or petition for determination. contention must be one which, if leave to intervene is filed by the above proven, would entitle the petitioner to Normally, the Commission will not date, the Commission or an Atomic relief. A petitioner who fails to file such issue the amendment until the Safety and Licensing Board, designated a supplement which satisfies these expiration of the 30-day notice period. by the Commission or by the Chairman requirements with respect to at least one However, should circumstances change of the Atomic Safety and Licensing contention will not be permitted to during the notice period such that Board Panel, will rule on the request participate as a party. failure to act in a timely way would and/or petition; and the Secretary or the Those permitted to intervene become result, for example, in derating or designated Atomic Safety and Licensing parties to the proceeding, subject to any shutdown of the facility, the Board will issue a notice of hearing or limitations in the order granting leave to Commission may issue the license an appropriate order. intervene, and have the opportunity to amendment before the expiration of the As required by 10 CFR 2.714, a participate fully in the conduct of the 30-day notice period, provided that its petition for leave to intervene shall set hearing, including the opportunity to final determination is that the forth with particularity the interest of present evidence and cross-examine amendment involves no significant the petitioner in the proceeding, and witnesses. hazards consideration. The final how that interest may be affected by the If a hearing is requested, the determination will consider all public results of the proceeding. The petition Commission will make a final and State comments received. Should should specifically explain the reasons determination on the issue of no the Commission take this action, it will why intervention should be permitted significant hazards consideration. The publish in the Federal Register a notice with particular reference to the final determination will serve to decide of issuance and provide for opportunity following factors: (1) The nature of the when the hearing is held. for a hearing after issuance. The petitioner’s right under the Act to be If the final determination is that the Commission expects that the need to made party to the proceeding; (2) the amendment request involves no take this action will occur very nature and extent of the petitioner’s significant hazards consideration, the infrequently. property, financial, or other interest in Commission may issue the amendment Written comments may be submitted the proceeding; and (3) the possible and make it immediately effective, by mail to the Chief, Rules Review and effect of any order which may be notwithstanding the request for a Directives Branch, Division of Freedom entered in the proceeding on the hearing. Any hearing held would take of Information and Publications petitioner’s interest. The petition should place after issuance of the amendment. Services, Office of Administration, U.S. also identify the specific aspect(s) of the If the final determination is that the Nuclear Regulatory Commission, subject matter of the proceeding as to amendment request involves a Washington, DC 20555–0001, and which petitioner wishes to intervene. significant hazards consideration, any should cite the publication date and Any person who has filed a petition for hearing held would take place before page number of this Federal Register leave to intervene or who has been the issuance of any amendment. notice. Written comments may also be admitted as a party may amend the A request for a hearing or a petition delivered to Room 6D22, Two White petition without requesting leave of the for leave to intervene must be filed with Flint North, 11545 Rockville Pike, Board up to 15 days prior to the first the Secretary of the Commission, U.S. Rockville, Maryland, from 7:30 a.m. to prehearing conference scheduled in the Nuclear Regulatory Commission, 4:15 p.m. Federal workdays. Copies of proceeding, but such an amended Washington, DC 20555–0001, Attention: written comments received may be petition must satisfy the specificity Docketing and Services Branch, or may examined at the NRC Public Document requirements described above. be delivered to the Commission’s Public Room, the Gelman Building, 2120 L Not later than 15 days prior to the first Document Room, the Gelman Building, Street, NW., Washington, DC. prehearing conference scheduled in the 2120 L Street, NW., Washington, DC, by Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43393 the above date. Where petitions are filed concerning primary water stress SECURITIES AND EXCHANGE during the last 10 days of the notice corrosion cracking in control rod drive COMMISSION period, it is requested that the petitioner mechanisms and other vessel head [Release No. 34±37576; File No. SR±CHX± promptly so inform the Commission by penetrations of nuclear power reactors 96±23] a toll-free telephone call to Western that requested addressees to describe Union at 1-(800) 248–5100 (in Missouri their program for ensuring the timely Self-Regulatory Organizations; Notice 1-(800) 342–6700). The Western Union inspection of PWR control rod drive of Filing and Immediate Effectiveness operator should be given Datagram mechanism (CRDM) and other vessel of Proposed Rule Change by The Identification Number N1023 and the head penetrations. The comment period Chicago Stock Exchange, Incorporated following message addressed to Robert for this proposed generic letter was Relating to Limited Partnership A. Capra: petitioner’s name and originally scheduled to expire on Rollups, Depository Eligibility telephone number, date petition was September 3, 1996. In a letter dated Requirements and Nasdaq/NM mailed, plant name, and publication August 6, 1996, the Nuclear Energy Securities date and page number of this Federal Institute requested a 30-day extension of Register notice. A copy of the petition August 15, 1996. should also be sent to the Office of the the comment period to permit sufficient Pursuant to Section 19(b)(1) of the General Counsel, U.S. Nuclear time for the industry to assemble and Securities Exchange Act of 1934 Regulatory Commission, Washington, develop comments. In response to this (‘‘Act’’),1 notice is hereby given that on DC 20555–0001, and to Michael I. request, the NRC has decided to extend August 9, 1996, the Chicago Stock Miller, Esquire; Sidley and Austin, One the comment period 30 days. Exchange, Incorporated (‘‘CHX’’ or ‘‘Exchange’’) filed with the Securities First National Plaza, Chicago, Illinois DATES: The comment period has been and Exchange Commission 60603, attorney for the licensee. extended and now expires October 3, Nontimely filings of petitions for (‘‘Commission’’) the proposed rule 1996. Comments submitted after this change as described in Items I, II, and leave to intervene, amended petitions, date will be considered if it is practical supplemental petitions and/or requests III below, which Items have been to do so, but assurance of consideration for hearing will not be entertained prepared by the self-regulatory cannot be given except for comments absent a determination by the organization. The Commission is Commission, the presiding officer or the received on or before this date. publishing this notice to solicit presiding Atomic Safety and Licensing ADDRESSES: Submit written comments comments on the proposed rule change Board that the petition and/or request to Chief, Rules Review and Directives from interested persons. should be granted based upon a Branch, U.S. Nuclear Regulatory I. Self-Regulatory Organization’s balancing of the factors specified in 10 Commission, Mail Stop T–6D–69, Statement of the Terms of Substance of CFR 2.714(a)(1)(i)-(v) and 2.714(d). Washington, DC 20555–0001. Written the Proposed Rule Change For further details with respect to this comments may also be delivered to action, see the application for The CHX proposes to amend Rule 7(J), 11545 Rockville Pike, Rockville, Article XXVIII of its rules, regarding the amendment dated August 16, 1996, Maryland, from 7:30 am to 4:15 pm, which is available for public inspection listing of securities related to limited Federal workdays. Copies of written at the Commission’s Public Document partnership rollups and the depository comments received may be examined at Room, the Gelman Building, 2120 L eligibility requirement for issuers of Street, NW., Washington, DC, and at the the NRC Public Document Room, 2120 domestic securities. The rule change local public document room located at L Street, N.W. (Lower Level), also proposes to amend the following the Morris Area Public Library District, Washington, D.C. rules each relating to the trading of Nasdaq/NM Securities (i) Article XX, 604 Liberty Street, Morris, Illinois FOR FURTHER INFORMATION CONTACT: C. E. 60450. Rule 2, (ii) Article XX, Rule 37(a), (Gene) Carpenter (301) 415–2169. interpretations and policies, .01, (iii) Dated at Rockville, Maryland, this 19th day Dated at Rockville, Maryland, this 14th day Article XX, Rule 43, (iv) Article XXVIII, of August 1996. of August, 1996. Rule 18(b), (v) Article XXX, Rule 1, For the Nuclear Regulatory Commission. For the Nuclear Regulatory Commission. interpretations and policies .02, .03, (vi) Robert M. Pulsifer, Brian K. Grimes, Article XXX, Rule 23, interpretations Project Manager, Project Directorate III–2 and policies .01, (vii) Article XXXI, Rule Acting Director, Division of Reactor Program Division of Reactor Projects—III/IV Office of 5, interpretations and policies .01, and Nuclear Reactor Regulation. Management, Office of Nuclear Reactor (viii) Article XXXI, Rule 9(b). [FR Doc. 96–21403 Filed 8–21–96; 8:45 am] Regulation. BILLING CODE 7590±01±P [FR Doc. 96–21405 Filed 8–21–96; 8:45 am] II. Self-Regulatory Organization’s BILLING CODE 7590±01±P Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Proposed Generic Communication; Change Primary Water Stress Corrosion In its filing with the Commission, the Cracking of Control Rod Drive self-regulatory organization included Mechanism and Other Vessel Head statements concerning the purpose of Penetrations and basis for the proposed rule change AGENCY: Nuclear Regulatory and discussed any comments it received Commission. on the proposed rule change. The text ACTION: Extension of public comment of these statements may be examined at period. the places specified in Item IV below. The self-regulatory organization has SUMMARY: On August 1, 1996 (61 FR prepared summaries, set forth in 40253), the NRC published for public comment a proposed generic letter 1 15 U.S.C. 78s(b)(1). 43394 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

Sections A, B, and C below, of the most deemed to be amended to reflect this Commission and any person, other than significant aspects of such statements. new terminology.6 those that may be withheld from the public in accordance with the A. Self-Regulatory Organization’s 2. Statutory Basis provisions of 5 U.S.C. 552, will be Statement of the Purpose of, and The proposed rule change is available for inspection and copying at Statutory Basis for, the Proposed Rule 7 consistent with Section 6(b) of the Act the Commission’s Public Reference Change in general and furthers the objectives of Section, 450 Fifth Street, NW., 1. Purpose Section 6(b)(5) 8 in particular in that it Washington, DC 20549. Copies of such is designed to prevent fraudulent and filing also will be available for On December 16, 1994, the manipulative acts and practices and to inspection and copying at the principal Commission approved a proposed perfect the mechanism of a free and office of the Chicago Stock Exchange. change to Exchange Rule 7, Article open market. All submissions should refer to File No. XXVIII relating to the listing of SR–CHX–96–23 and should be securities related to limited partnership B. Self-Regulatory Organization’s Statement on Burden on Competition submitted by September 12, 1996. rollups.2 One purpose of this proposal is to update a citation referred to in this The proposed change does not impose For the Commission, by the Division of limited partnership rollup transaction any burden on competition that is not Market Regulation, pursuant to delegated authority.10 rule. Specifically, because the NASD necessary or appropriate in furtherance has overhauled its rules and has of the purposes of the Act. Margaret H. McFarland, Deputy Secretary. adopted a new numbering system, the C. Self-Regulatory Organization’s [FR Doc. 96–21371 Filed 8–21–96; 8:45 am] NASD rule cited in the Exchange’s Statement on Comments on the limited partnership rollup transaction Proposed Rule Change Received From BILLING CODE 8010±01±M rule, Section 34 of Article III of the Members, Participants, or Others NASD’s Rules of Fair Practice, should be replaced with its new cite, NASD The Exchange has neither solicited DEPARTMENT OF STATE Rule 2810. nor received written comments on the proposed rule change. [Public Notice 2430] On June 1, 1996, the Commission approved another proposed change to III. Date of Effectiveness of the Bureau for Oceans and International Rule 7, Article XXVIII of the Exchange’s Proposed Rule Change and Timing for Environmental and Scientific Affairs; rules relating to the depository Commission Action Information Collection Under Review eligibility requirement for issuers who The foregoing rule change constitutes Office of Management and Budget desire to list their securities on the a stated policy, practice or (OMB) approval is being sought for the Exchange.3 interpretation with respect to the information collection listed below. Another purpose of this proposed rule meaning, administration, or This proposed information collection change is to renumber the limited enforcement of an existing rule of the was previously published in the Federal Exchange pursuant to Section partnership rollup rule as Rule 1(f) of Register and allowed 60 days for public 19(b)(3)(A) of the Act and Rule 19b–4(e) Article XXVIII and the depository comment. thereunder.9 eligibility rule as Rule 1(g) of Article The purpose of this notice is to allow At any time within 60 days of the XXVIII. Specifically, because the 30 days for public comments from the filing of the proposed rule change, the Exchange has recently overhauled date listed at the top of this page in the Article XXVIII in the process of creating Commission may summarily abrogate such rule change if it appears to the Federal Register. This process is Tier I and Tier II securities listing conducted in accordance with 5 Code of standards, the rules should be Commission that such action is necessary or appropriate in the public Federal Regulation, Part 1320.10. renumbered and placed appropriately 1. Summary: The Department of State within the new listing requirements.4 interest, for the protection of investors, or otherwise in furtherance of the has established guidelines that require Finally, in response to a Commission purposes of the Act. each shipment of shrimp shipped to the request,5 an additional purpose of the U.S. have a certification that shipments rule change is to update several of the IV. Solicitation of Comments of shrimp have been harvested in a citations in the Exchange’s rule to Interested persons are invited to manner which does not harm sea NASDAQ/NMS Securities, with its new submit written data, views, and turtles, pursuant to Section 609 of P.L. term Nasdaq/NM Securities. Because arguments concerning the foregoing. 101–162. The revised DSP–121 is the Exchange currently has several Persons making written submissions necessary for that certification. proposed rule changes on file with the should file six copies thereof with the The following summarizes the SEC relating to Nasdaq/NM Securities, Secretary, Securities and Exchange information collection proposal the text of those rule filings should be Commission, 450 Fifth Street, NW., submitted to OMB: Washington, DC 20549. Copies of the Type of request—Revision of a 2 Securities Exchange Act Release No. 35111 (Dec. submission, all subsequent currently approved collection. 16, 1994), 59 FR 66388 (Dec. 23, 1994) (order amendments, all written statements Originating office—Bureau for Oceans approving File No. SR–CHX–94–24). with respect to the proposed rule and International Environmental and 3 Securities Exchange Act Release No. 35798 Scientific Affairs. (June 1, 1995), 60 FR 30909 (June 12, 1995) (order change that are filed with the approving File No. SR–CHX–95–12). Commission, and all written Title of information collection— 4 Securities Exchange Act Release No. 37481 (July communications relating to the Shrimp Exporter’s Declaration. 26, 1996), 61 FR 40270 (Aug. 1, 1996) (order proposed rule change between the Frequency—Each shipment. approving File No. SR–CHX–95–26). Form No.—DSP–121. 5 See, Securities Exchange Act Release Nos. 37327 6 Respondents—Business or others for (June 19, 1995), 61 FR 32870 (June 25, 1996) (notice Id. of File No. SR–CHX–96–15), and 37369 (June 25, 7 15 U.S.C. 78f(b). profit. 1996), 61 FR 34462 (July 2, 1996) (notice of File No. 8 15 U.S.C. 78f(b)(5). SR–CHX–96–16). 9 17 CFR 240.19b–4(e). 10 17 CFR 200.30–3(a)(12). Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43395

Estimated number of respondents— process, depending on the interests of Office of the Secretary 10,000. participating countries. Future issues, [Public Notice 2429] Average hours per response—0.5. such as substantive law involving Total estimated burden hours—5,000. priorities of claims, distribution, Extension of the Restriction on the Use 44 U.S.C. 3405(h) does not apply. discharge etc., might possibly be of United States Passports for Travel Additional Information or Comments: considered at a later stage, after an To, In, or Through Lebanon Copies of the proposed forms and assessment of the current focus on supporting documents may be obtained procedural matters. On January 26, 1987, pursuant to the from Charles S. Cunningham (202) 647– The effects of the UNCITRAL project authority of 22 U.S.C. 211a and 0596. Comments and questions should generally on U.S. interests, and its Executive Order 11295 (31 FR 10603), be directed to (OMB) Jefferson Hill (202) impact on facilitation of commerce and and in accordance with 22 CFR 395–3176. trade will be considered, as well as its 51.73(a)(3), all United States passports, Dated: August 14, 1996. relationship to the work of the National with the exception of passports of Patrick F. Kennedy, Bankruptcy Review Commission. immediate family members of hostages in Lebanon, were declared invalid for Assistant Secretary for Administration. Current projects by other organizations will also be referred to, including the travel to, in, or through Lebanon unless [FR Doc. 96–21459 Filed 8–21–96; 8:45 am] specifically validated for such travel. BILLING CODE 4710±24±M American Law Institute’s project exploring possible harmonization of This action was taken because the bankruptcy law between the NAFTA situation in Lebanon was such that [Public Notice No. 2432] states, the International Bar American citizens there could not be Association’s Concordat, the recent considered safe from terrorist acts. State Department Advisory Committee Although the security situation European Union proposed treaty on Study Group Meeting on Cross-Border continues to improve, the situation cross-border insolvency, as well as work Insolvency there has led me to conclude that by the International Association of Lebanon still continues to be an area Insolvency Practitioners (INSOL), the The Study Group on Cross-Border ‘‘. . . where there is imminent danger American Bankruptcy Institute, and Insolvency of the Secretary of State’s to the public health or the physical others. Advisory Committee on Private safety of United States travelers’’ within International Law (ACPIL) will hold its Background documents include the the meaning of 22 U.S.C. 221a and 22 next meeting on Saturday, September 7 Report of the first UNCITRAL Working CFR 51.73(a)(3). from 10 a.m. to 4 p.m. in Houston, Group (UN Doc. A/CN.9/419, Dec. 1, Accordingly, all United States Texas, to review international efforts to 1995) and a Report by INSOL on the passports shall remain invalid for travel harmonize rules on cross-border Joint Project of UNCITRAL and INSOL, to, in, or through Lebanon unless insolvency cases involving commercial March 1, 1995. Copies of these specifically validated for such travel entities. documents, as well as the IBA and under the authority of the Secretary of The meeting will review draft United European Union documents referred to, State. Nations rules for procedural aspects of are available from the Legal Adviser’s This Public Notice shall be effective cross-border insolvency, as set out in Office at the address indicated below. upon publication in the Federal the recent Report of the U.N. The meeting will be held in Houston Register and shall expire at midnight Commission on International Trade Law at the Chevron Tower, 51st floor February 28, 1997, unless extended or (UNCITRAL) Working Group on conference room, 1301 McKinney sooner revoked by Public Notice. Insolvency Law, which met for the Street, from 10 a.m. to 4 p.m., and is second time in April 1996 (U.N. Doc. A/ Dated: August 7, 1996. open to the public up to the capacity of Warren Christopher, CN.9/422, April 25, 1996). No decision the meeting room and subject to the Secretary of State. has been made as to the form the rulings of the Chair. Since space may be proposed rules should take, i.e. whether limited, persons wishing to attend [FR Doc. 96–21460 Filed 8–21–96; 8:45 am] to prepare UN guidelines, a UN model should advise either John Barrett at BILLING CODE 4710±10±M law, or a multilateral treaty. (713) 651–5202 or 8223, fax 651–5246, The Advisory Committee Study or Ms. Gonzales of the Office of Legal [Public Notice 2423] Group meeting will provide guidance Adviser (L/PIL) at (202) 776–8420, or for possible United States positions for fax (202) 776–8482. Bureau of Oceans and International the next meeting of the UNCITRAL Environmental and Scientific Affairs; intergovernmental Working Group in Persons who cannot attend the meeting are welcome to submit Certifications Pursuant to Section 609 October 1996, and consider other of Public Law 101±162 possible United States initiatives as comments to the Legal Adviser’s Office, well. L/PIL Suite 355 South Building, 2430 August 7, 1996. UNCITRAL decided at its Plenary ‘‘E’’ Street, NW., Washington, DC SUMMARY: On April 30, 1995, the session in May, 1995 to work primarily 20037–2800, or by fax to (202) 776– Department of State certified, pursuant on procedural, rather than substantive, 8482. For further information on the to section 609 of Public Law 101–162, rules. Based on the Report referenced United Nations Commission on that 36 countries with commercial above, this is likely to cover judicial International Trade Law or this project, shrimp trawl fisheries have adopted cooperation; jurisdiction; access to please contact Harold S. Burman, programs to reduce the incidental proceedings for foreign representatives; Advisory Committee Executive Director, capture of sea turtles in such fisheries the relationship between primary and at the above address or fax number. comparable to the program in effect in other proceedings; the scope and effect Peter H. Pfund, the United States and has an incidental of a possible stay; the scope of ‘‘national Assistant Legal Adviser and Advisory take rate comparable to that of the treatment’’; and related matters. Committee Co-Chair. United States, or that the fishing Other procedural concerns may be [FR Doc. 96–21566 Filed 8–21–96; 8:45 am] environment in the countries does not taken up at this stage in the U.N. BILLING CODE 4710±08±M pose a threat of the incidental taking of 43396 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices species of sea turtles protected under More recent evidence demonstrates FOR FURTHER INFORMATION CONTACT: U.S. law and regulations. The that a credible, reliable enforcement Jennifer Aldrich, International Trade Department was unable to issue a regime is once again in place in Specialist, Office of Textiles and certification on April 30 for Honduras Honduras. The Department of State, Apparel, U.S. Department of Commerce, and, as a result, imports of shrimp therefore, was able to certify to Congress (202) 482–4212. For information on the harvested in Honduras in a manner that Honduras has a regulatory program quota status of these limits, refer to the harmful to sea turtles were prohibited governing the incidental capture of sea Quota Status Reports posted on the effective May 1, 1996, pursuant to turtles that is comparable to the program bulletin boards of each Customs port or Public Law 101–162. The Department of in effect in the United States. call (202) 927–5850. For information on State subsequently issued a certification In another matter related to section embargoes and quota re-openings, call for Honduras on August 1, 1996 and, as 609 of Public Law 101–162, the Revised (202) 482–3715. a result, the ban on shrimp imports that State Department Guidelines published SUPPLEMENTARY INFORMATION: had been in effect since May 1, 1996, in the Federal Register on April 19, Authority: Executive Order 11651 of March was lifted. In a related matter, the 1996 (61 FR 17342) contained 3, 1972, as amended; section 204 of the Department has determined that, determination that import prohibitions Agricultural Act of 1956, as amended (7 beginning September 1, 1996, all imposed in 1996 pursuant to the law U.S.C. 1854); Uruguay Round Agreements shipments of shrimp and shrimp shall not apply to shipments of shrimp Act. products, regardless of the date of and products of shrimp with a date of In a Memorandum of Understanding export, will be subject to the provisions export prior to May 1, 1996. (MOU) dated July 18, 1996, the of section 609 of Public Law 101–162 Accordingly, such shipments that were Governments of the United States and El and the Revised State Department in transit prior to May 1, 1996 have been Salvador agreed, pursuant to the Guidelines implementing that law. permitted to enter the United States. Uruguay Round Agreement on Textiles EFFECTIVE DATE: August 22, 1996. The Department of State has now and Clothing (ATC), to establish limits determined that, by August 31, 1996, FOR FURTHER INFORMATION CONTACT: for Categories 342/642 for a three-year sufficient time will have elapsed in term—March 29, 1996 through Hollis Summers, Office of Marine which such shipments should have Conservation, Bureau of Oceans and December 31, 1996; January 1, 1997 reached the United States. Beginning through December 31, 1997; January 1, International Environmental and September 1, 1996, therefore, all Scientific Affairs, Department of State, 1998 through December 31, 1998; and shipments of shrimp and shrimp January 1, 1999 through March 28, 1999. Washington, DC 20520–7818; telephone: products to the United States will be (202) 647–3940. The two governments also agreed to subject to the provisions of section 609 establish Guaranteed Access Levels SUPPLEMENTARY INFORMATION: Section of Public Law 101–162 and the Revised (GALs) for Categories 342/642 for the 609 of Public Law 101–162 prohibits Guidelines, regardless of the date of periods January 1, 1997 through imports of shrimp from certain nations export. These provisions require, among December 31, 1997; January 1, 1998 unless the President certifies to the other things, that each such shipment be through December 31, 1998; and January Congress by May 1 of each year either: accompanied by a completed Shrimp 1, 1999 through March 28, 1999. (1) That the harvesting nation has Exporter’s/Importer’s Declaration (DSP– In a separate MOU dated July 18, adopted a program governing the 121, revised). 1996, the two governments agreed to incidental capture of sea turtles in its Dated: August 7, 1996. increase the base level for Categories commercial shrimp fishery comparable R. Tucker Scully, 352/652 for the period January 1, 1996 to the program in effect in the United Acting Deputy Assistant Secretary for Oceans. through December 31, 1996. States and has an incidental take rate [FR Doc. 96–21461 Filed 8–21–96; 8:45 am] Beginning on August 23, 1996, the comparable to that of the United States; U.S. Customs Service will start signing BILLING CODE 4710±09±M or (2) that the fishing environment in the first section of the form ITA–370P the harvesting nation does not pose a for shipments of U.S. formed and cut threat of the incidental taking of sea parts in Categories 342/642 that are turtles. The President has delegated the COMMITTEE FOR THE destined for El Salvador and subject to authority to make this certification to the GAL established for Categories 342/ the Department of State. Revised State IMPLEMENTATION OF TEXTILE AGREEMENTS 642 for the period beginning on January Department Guidelines for making the 1, 1997 and extending through required certifications were published Announcing Settlement on Import December 31, 1997. These products are in the Federal Register on April 19, Limits and Guaranteed Access Levels governed by Harmonized Tariff item 1996 (61 FR 17342). and Adjusting an Import Limit for number 9802.00.80.8015 and chapter 61 On April 30, 1996, the Department of Certain Cotton and Man-Made Fiber Statistical Note 5 and chapter 62 State certified that 36 shrimp harvesting Textile Products Produced or Statistical Note 3 of the Harmonized nations have met, for the current year, Manufactured in El Salvador Tariff Schedule. Interested parties the requirements of the law. The should be aware that shipments of cut Department of State was unable to August 16, 1996. parts in Categories 342/642 must be certify Honduras at that time. As a AGENCY: Committee for the accompanied by a form ITA–370P, result, imports of shrimp from Honduras Implementation of Textile Agreements signed by a U.S. Customs officer, prior that were harvested in ways harmful to (CITA). to export from the United States for sea turtles were prohibited pursuant to ACTION: Issuing a directive to the assembly in El Salvador in order to Public Law 101–162 effective May 1, Commissioner of Customs amending qualify for entry under the Special 1996, due solely to substantial evidence restraint period and limit, adjusting Access Program. that the requirement imposed on limit and announcing signing of ITA– In the letter published below, the commercial shrimp trawl vessels in 370P form. Chairman of CITA directs the Honduras to use turtle excluder devices Commissioner of Customs to amend the was not being properly enforced. EFFECTIVE DATE: August 23, 1996. restraint period for Categories 342/642 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43397 to end on December 31, 1996 at an Agreement on Textiles and Clothing (ATC), By the Department of Transportation. increased level and to increase the 1996 as follows: Patrick V. Murphy, limit for Categories 352/652. In Category Adjusted limit 1 Deputy Assistant Secretary for Aviation and addition, U.S. Customs Service is being International Affairs. directed to start signing the ITA–370P 342/642 ...... 500,000 dozen. [FR Doc. 96–21353 Filed 8–21–96; 8:45 am] form for shipments of U.S. formed and 352/652 ...... 8,103,774 dozen. BILLING CODE 4910±62±P cut parts in Categories 342/642 that are destined for El Salvador and re-exported 1 The limits have not been adjusted to ac- count for any imports exported after March 28, to the United States on and after January 1995 (Categories 342/642) and December 31, Federal Aviation Administration 1, 1997. 1995 (Categories 352/652). A description of the textile and RTCA, Inc.; Special Committee 159/ apparel categories in terms of HTS Beginning on August 23, 1996, the U.S. Customs Service is directed to start signing Working Group 4; Minimum numbers is available in the the first section of the form ITA–370P for Operational Performance Standards CORRELATION: Textile and Apparel shipments of U.S. formed and cut parts in for Airborne Navigation Equipment Categories with the Harmonized Tariff Categories 342/642 that are destined for El Using Global Positioning System Schedule of the United States (see Salvador and re-exported to the United States (GPS); Precision Approach and Federal Register notice 60 FR 65299, on and after January 1, 1997. Landing (CAT II/III) published on December 19, 1995). Also The Committee for the Implementation of see 60 FR 65296, published on Textile Agreements has determined that Pursuant to section 10(a)(2) of the December 19, 1995; 61 FR 34492, these actions fall within the foreign affairs Federal Advisory Committee Act (P.L. published on July 2, 1996. exception of the rulemaking provisions of 5 U.S.C. 553(a)(1). 92–463, 5 U.S.C., Appendix 2), notice is Sincerely, Requirements for participation in the hereby given for a Special Committee Troy H. Cribb, Special Access Program are available in (SC) 159 meeting to be held September Federal Register notices 51 FR 21208, Chairman, Committee for the Implementation 9–11, 1996, starting at 9:00 a.m. The of Textile Agreements. published on June 11, 1986; 52 FR meeting will be held at Boeing’s 26057, published on July 10, 1987; 54 [FR Doc. 96–21398 Filed 8–21–96; 8:45 am] Facilities, Seattle, Washington. To FR 50425, published on December 6, BILLING CODE 3510±DR±F ensure meeting access, contact Tim 1989; and 60 FR 2740, published on Murphy at (206) 294–1034. January 11, 1995. The agenda will be as follows: The letter to the Commissioner of DEPARTMENT OF TRANSPORTATION September 9–10: (1) Introductory Customs and the actions taken pursuant Remarks and Introductions; (2) Review/ to it are not designed to implement all Approval of Minutes of Previous [Docket 37554] of the provisions of the Uruguay Round Meeting; (3) FANS/LAAS Vision; (4) Agreements Act and the Uruguay Round Proposed CAT II/III LAAS Agreement on Textiles and Clothing, but Notice of Order Adjusting the Standard Requirements: Review of Draft MASPS are designed to assist only in the Foreign Fare Level Index Section 2.2; (5) Discussion of Other implementation of certain of their Section 41509(e) of Title 49 of the MASPS Sections and Schedules; (6) provisions. United States Code requires that the Other Business; (7) Date Location of Troy H. Cribb, Department, as successor to the Civil Next Meeting. September 11: Joint Chairman, Committee for the Implementation Aeronautics Board, establish a Standard Meeting with SC–159/Working Group of Textile Agreements. Foreign Fare Level (SFFL) by adjusting (WG)–2. Committee for the Implementation of Textile the SFFL base periodically by Attendance is open to the interested Agreements percentage changes in actual operating August 16, 1996. costs per available seat-mile (ASM). public but limited to space availability. Commissioner of Customs, Order 80–2–69 established the first With the approval of the chairman, Department of the Treasury, Washington, DC interim SFFL, and Order 96–6–41 members of the public may present oral 20229. established the currently effective two- statements at the meeting. Persons Dear Commissioner: This directive month SFFL applicable through July 31, wishing to present statements or obtain amends, but does not cancel, the directives 1996. information should contact Keith issued to you on December 13, 1995 and June McDonald, Chair of WG–4, at (703) 578– 26, 1996, by the Chairman, Committee for the In establishing the SFFL for the two- month period beginning August 1, 1996, 0700; Dr. George Ligler, Co-chair of Implementation of Textile Agreements. WG–4A, at (301) 983–4388; or Harold Those directives concern imports of certain we have projected non-fuel costs based cotton and man-made fiber textile products, on the year ended March 31, 1996 data, Moses, RTCA Program Director, at (202) produced or manufactured in El Salvador and have determined fuel prices on the 833–9339. Members of the public may and exported during the periods January 1, basis of the latest available experienced present a written statement to the 1996 through December 31, 1996, in the case monthly fuel cost levels as reported to committee at any time. of Categories 352/652; and March 29, 1996 the Department. through March 28, 1997, in the case of Issued in Washington, D.C., on August 16, Categories 342/642. By Order 96–8–21 fares may be 1996. Effective on August 23, 1996, you are increased by the following adjustment Janice L. Peters, directed to amend the restraint period for factors over the October 1979 level: Designated Official. Categories 342/642 to end on December 31, Atlantic—1.4533 [FR Doc. 96–21477 Filed 8–21–96; 8:45 am] 1996 and increase the limit for Categories 352/652, as provided for under Memoranda Latin America—1.5470 BILLING CODE 4810±13±M of Understanding (MOUs) dated July 18, 1996 Pacific—1.5278 between the Governments of the United States and El Salvador, the Uruguay Round For further information contact: Keith Agreements Act and the Uruguay Round A. Shangraw. 43398 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

Federal Highway Administration on this program. Further, the notice vehicle fleet. Towards achieving this, requests suggestions for topics to be NHTSA has undertaken research to Environmental Impact Statement: presented by the ITS JPO and NHTSA analyze accident data, identify crash Pointe Coupee, Louisiana, West involved in the ITS crash avoidance avoidance opportunities, develop Feliciana Parish, Louisiana research program. countermeasure concepts and establish performance specifications for crash AGENCY: Federal Highway DATES AND TIMES: The ITS Joint Program avoidance, and develop research tools to Administration (FHWA), DOT. Office of the Federal Highway Administration and NHTSA will hold evaluate technical performance of the ACTION: Withdrawal of Draft jointly a public meeting devoted countermeasures and their effectiveness. Environmental Impact Statement. primarily to establish a two-way In the next phase of our research SUMMARY: The FHWA is issuing this dialogue on topics of mutual interest program, while continuing our efforts to notice to advise the public that the Draft with the automotive industry on understand the system capabilities of Environmental Impact Statement (DEIS) September 12, 1996, beginning at 1:30 crash avoidance products, the agency prepared for the proposed highway p.m. and ending at approximately 4 also plans to pursue research to fully project, crossing the Mississippi River p.m. Interested parties are encouraged to understand the products’ potential for between Pointe Coupee and West suggest agenda topics prior to 4:15 p.m. user acceptance, considering factors Feliciana Parishes, Louisiana, has been on September 6, 1996. Questions may be such as system performance, usability, withdrawn. submitted in advance regarding the ITS/ product cost, and overall safety benefits. Involvement of automobile FOR FURTHER INFORMATION CONTACT: JPO Programs, NHTSA’s ITS research manufacturers and suppliers are critical Mr. William C. Farr, Program and development projects, and other topics. They should be submitted in to the success of meeting this objective. Operations Manager, Federal Highway The development and deployment of Administration, P.O. Box 3929, 750 writing by August 29, 1996, to the address given below. If sufficient time is crash avoidance products will be Florida Street, Baton Rouge, Louisiana facilitated by increased cooperation 70821–3929, or Vince Pizzolato, available, questions received after the August 29 date will be answered at the between JPO, NHTSA, and the Environmental Engineer Administrator, automobile industry, and other Louisiana Department of Transportation meeting in the discussion period. Topics and questions may also be innovators and suppliers of safety- and Development, P.O. Box 94245, related products. With this in mind, we Baton Rouge, Louisiana 70804–9245. provided at the meeting. The individual, group, or company asking a question seek your response to questions such as: SUPPLEMENTARY INFORMATION: A DEIS • does not have to be present for the Are there other research areas was being prepared on a proposal to question to be answered. A consolidated beyond what is currently being done for build a new bridge and associated list of the questions submitted by crash avoidance that NHTSA should approaches and roadway across the August 29 will be available at the pursue? Mississippi River between Pointe • meeting and will be mailed to requesters How can JPO and NHTSA Coupee Parish and West Feliciana after the meeting. accelerate/facilitate the deployment of Parish. Work on the DEIS has been crash avoidance countermeasures? suspended due to funding availability ADDRESSES: The meeting will be held at • How can we best transfer our and will be resumed when appropriate the Tysons Westpark Hotel, 8401 knowledge and technologies to you to funding is identified. Westpark Drive, McLean, Virginia meet your needs? 22101. Suggestions for specific topics • Issued on: August 13, 1996. How could the products and for the September 12, 1996, meeting countermeasures identified thus far William A. Sussmann, relating to the research and become affordable to the consumer? FHWA Division Administrator. development programs should be • Would any mechanism for [FR Doc. 96–21419 Filed 8–21–96; 8:45 am] submitted to the Office of the Director, standardization of performance BILLING CODE 4910±22±M Office of Crash Avoidance Research requirements of safety systems be NRD–50, National Highway Traffic helpful? If so, what vehicle could be Safety Administration, Room 6220, 400 used for the purpose? National Highway Traffic Safety Seventh St., SW., Washington, DC ITS/JPO and NHTSA also request Administration 20590, telephone 202–366–5662, fax suggestions from interested parties on number 202–366–7237, or Program the specific agenda topics and questions Research and Development Programs Coordinator, ITS/JPO, HVH–1, 400 to be discussed. The ITS/JPO and Meeting Seventh St., SW., Washington, DC NHTSA will base its decision about the AGENCY: National Highway Traffic 20590, telephone 202–366–2182, fax final agenda, in part, on the suggestions Safety Administration, DOT. number 202–366–8712. it receives by close of business at 4:15 ACTION: Notice. SUPPLEMENTARY INFORMATION: The ITS p.m. on September 6, 1996. JPO and NHTSA intend to provide an Questions regarding research projects SUMMARY: This notice announces a overview about their research and that have been submitted in writing not public meeting at which the ITS Joint development programs in this public later than close of business on August Program Office (JPO) of the Federal meeting. The purpose is to make 29, 1996, will be answered. A transcript Highway Administration and the Office available information regarding the ITS of the meeting, copies of materials of Crash Avoidance Research, National research and development programs handed out at the meeting, if any, and Highway Traffic Safety Administration related to crash avoidance research and copies of the suggestions offered by (NHTSA), plan to conduct a dialogue establish a channel for sharing commenters will be available for public primarily with industry to discuss the information which is of interest to all inspection in the NHTSA’s Technical crash avoidance research program. parties concerned. Reference Division, Room 5108, 400 Topics of interest will include the value The primary goal of the ITS crash Seventh St., SW., Washington, DC and direction of the crash avoidance avoidance research program is to 20590, or the ITS Joint Program Office, program and methods for improving the facilitate the introduction of collision Room 3422, 400 Seventh St., SW., cooperation between DOT and industry avoidance products into the motor Washington, DC 20590. Copies of the Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43399 transcript will then be available at 10 WVR has operated the line segments ADDRESS: Direct all written comments to cents a page, upon request to NHTSA’s under lease since 1993, and does not United States Secret Service, Special Technical Reference Division. The plan a change in operations. Investigations and Security Division, Technical Reference Division is open to DATES: This exemption is effective on Robin Deprospero, 1800 G. St., NW., the public from 9:30 a.m. to 4 p.m. September 21, 1996. Petitions to stay Washington, DC 20223, Room 924, 202/ The organizers of the meeting will must be filed September 6, 1996. 435–5830. provide technical aids to participants as Petitions to reopen must be filed by FOR FURTHER INFORMATION CONTACT: necessary, during the meeting. Thus, September 16, 1996. Requests for additional information or any person desiring the assistance of ADDRESSES: Send pleadings referring to copies of the form(s) and instructions ‘‘auxiliary aids’’ (e.g., sign-language Finance Docket No. 32684, to Surface should be directed to (Same as above). interpreter, telecommunication devices Transportation Board, Office of the SUPPLEMENTARY INFORMATION: for deaf persons (TTDs), readers, taped Secretary, 1201 Constitution Ave., NW., texts, braille materials, or large print Washington, DC 20423; and petitioner’s Title: Supplemental Investigative materials and/or a magnifying device, representative, Fritz R. Kahn, Suite 750 Data. please contact Rita Gibbons on 202– West, 1100 New York Ave., NW., OMB Number: 1555–0001. 366–4862 by close of business Washington, DC 20005–3934. Form Number: SSF 86A. September 4, 1996. Abstract: Respondents are all Secret FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927–5660. [TDD for Service applicants. These applicants, if Ray Resendes, ITS/JPO, HVH–1, 202– the hearing impaired (202) 927–5721.] approved for hire, will require a Top 366–2182, or Joseph Kanianthra, Office Secret Clearance, and possible SCI SUPPLEMENTARY INFORMATION: of Crash Avoidance Research, NHTSA, Access. Responses to questions on the 202–366–5662, 400 Seventh St., SW., Additional information is contained in SSF 86A yields information necessary Washington, DC 20590. Fax number: the Board’s decision. To purchase a for the adjudication for eligibility of the 202–366–7237. copy of the full decision, write to, call, clearance, as well as ensuring that the or pick up in person from: DC News & applicant meets all internal agency Issued: August 15, 1996. Data, Inc., Room 2229, 1201 Dr. Joseph N. Kanianthra, requirements. Constitution Ave., NW., Washington, Type of Review: Extension. Director, Office of Crash Avoidance Research. DC 20423. Telephone: (202) 289–4357– Affected Public: Individuals or [FR Doc. 96–21237 Filed 8–21–96; 8:45 am] 4359. [Assistance for the hearing Households. BILLING CODE 4910±59±P impaired is available through TDD Estimated Number of Respondents: services (202) 927–5721.] 7,500. Decided: August 13, 1996. Estimated Time Per Respondent: 1. Surface Transportation Board 1 By the Board, Chairman Morgan, Vice Estimated Total Annual Burden [Finance Docket No. 32684] Chairman Simmons, and Commissioner Hours: 7,500. Owen. Request for Comments: Comments Willamette Valley Railway CompanyÐ Vernon A. Williams, submitted in response to this notice will Acquisition ExemptionÐCertain Lines Secretary. be summarized and/or included in the of the Southern Pacific Transportation [FR Doc. 96–21361 Filed 8–21–96; 8:45 am] request for OMB approval. All Company BILLING CODE 4915±00±P comments will become a matter of AGENCY: Surface Transportation Board, public record. Comments are invited on: DOT. (a) Whether the collection of ACTION: Notice of exemption. DEPARTMENT OF THE TREASURY information is necessary for the proper performance of the functions of the SUMMARY: Under 49 U.S.C. 10505, the Secret Service agency, including whether the Board exempts from the prior approval information shall have practical utility; requirements of 49 U.S.C. 11343–45 the Proposed Collection; Comment (b) The accuracy of the agency’s acquisition by Willamette Valley Request estimate of the burden of the collection Railway Company (WVR) of several of information; railroad line segments totaling 67.66 August 9, 1996. (c) Ways to enhance the quality, miles, in Marion and Linn Counties, OR, ACTION: Notice and request for utility, and clarity of the information to from the Southern Pacific comments. be collected; Transportation Company, subject to (d) Ways to minimize the burden of SUMMARY: The Department of the the collection of information on standard labor protective conditions. Treasury, as part of its continuing effort respondents, including through the use to reduce paperwork and respondent 1 The ICC Termination Act of 1995, Pub. L. No. of automated collection techniques or burden, invites the general public and 104–88, 109 Stat. 803 (the ICCTA), which was other forms of information technology; other Federal agencies to take this enacted on December 29, 1995, and took effect on and January 1, 1996, abolished the Interstate Commerce opportunity to comment on proposed (e) The annual cost burden to Commission (ICC) and transferred certain functions and/or continuing information and proceedings to the Surface Transportation respondents or record keepers from the collections, as required by the Board (Board). Section 204(b)(1) of the ICCTA collection of information (a total capital Paperwork reduction Act of 1995, provides, in general, that proceedings pending and start-up cost and a total operation before the ICC on the effective date of that Public Law 104–13 (44 U.S.C. and maintenance cost). legislation shall be decided under the law in effect 3506(C)(2)(A)). Currently, the United prior to January 1, 1996, insofar as they involve Dated: August 9, 1996. functions retained by the ICCTA. This notice relates States Secret Service, within the to a proceeding that was pending with the ICC prior Department of the Treasury is soliciting John Machado, to January 1, 1996, and to functions that are subject comments concerning the SSF 86A, Branch Chief—Policy Analysis and Records to Board jurisdiction pursuant to 49 U.S.C. 11323. Supplemental Investigative Data. System Branch. Therefore, this notice applies the law in effect prior to the ICCTA and citations are to the former DATES: Written comments should be [FR Doc. 96–21443 Filed 8–21–96; 8:45 am] sections of the statute, unless otherwise indicated. received on or before October 22, 1996. BILLING CODE 4810±42±M 43400

Corrections Federal Register Vol. 61, No. 164

Thursday, August 22, 1996

This section of the FEDERAL REGISTER Roman Heading Thursday, May 16, 1996 make the contains editorial corrections of previously following correction: published Presidential, Rule, Proposed Rule, Roman Heading and Notice documents. These corrections are In the second column, under the On page 39588, in the second column, in subject heading ‘‘Comparator Systems prepared by the Office of the Federal §1.21(a)(1), in the first line, ‘‘administration’’ Register. Agency prepared corrections are should read ‘‘admission’’. Corp; Order of Suspension of Trading’’ issued as signed documents and appear in insert ‘‘May 14, 1996.’’. the appropriate document categories BILLING CODE 1505±01±D elsewhere in the issue. BILLING CODE 1505±01±D SECURITIES AND EXCHANGE COMMISSION SECURITIES AND EXCHANGE DEPARTMENT OF COMMERCE COMMISSION 17 CFR Parts 230, 240, 250, 270, 275 Patent and Trademark Office [Release Nos. 33-7293; 34-37220; 35-26517; [Release No. 34-37237; File No. SR-NYSE- 37 CFR Part 1 IC-21961; IA-1563; File No. S7-14-96] 96-11] RIN 3235-AG79 [Docket No. 960417113-6186-02] Self-Regulatory Organizations; Notice Proposal to Eliminate Fees Previously of Filing of Proposed Rule Change by RIN 0651-AA82 Adopted by the Commission Pursuant the New York Stock Exchange, Inc. Relating to Procedures for Public Revision of Patent Fees for Fiscal Year to the Independent Offices 1997 Appropriations Act of 1952 Release of Information by its Listed Companies Correction Correction In proposed rule document 96–12777 Correction In rule document 96–19309 beginning beginning on page 25601 in the issue of on page 39585 in the issue of Tuesday, In notice document 96–13387 Wednesday, May 22, 1996 make the July 30, 1996 make the following following correction: beginning on page 26943 in the issue of corrections: On page 25604, in the table, under the Wednesday, May 29, 1996 make the 1. On page 39586, in the second ‘‘Fee cite’’ heading, the footnote following correction: column, in the first line, ‘‘statue’’ ‘‘1(First/subseq.).’’ should be removed. On page 26944, in the second column, should read ‘‘statute’’. And in the third in the third paragraph, in the column, in the heading for section 1.17, BILLING CODE 1505±01±D penultimate line ‘‘[INSERT DATE 21 ‘‘Procession’’ should read ‘‘Processing’’. DAYS FROM DATE OF §1.16 [Corrected] SECURITIES AND EXCHANGE PUBLICATION]’’ should read ‘‘June 19, 2. On page 39587, in the third COMMISSION 1996’’. column, in §1.16(m), in the ninth line, [File No. 500-1] BILLING CODE 1505±01±D / Corrections ‘‘rely’’ should read ‘‘reply’’. Comparator Systems Corp; Order of §1.21 [Corrected] Suspension of Trading 3. On page 39588, in the second column, in §1.21(a)(1), in the first line, Correction ‘‘administration’’ should read In notice document 96–12468 ‘‘admission’’. appearing on page 24843 in the issue of federal register August 22,1996 Thursday Study; RequestforComments;Notice National HighwaySystemRouteMarker Federal HighwayAdministration Transportation Department of Part II 43401 43402 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

DEPARTMENT OF TRANSPORTATION Background U.S. numbered highways and State routes. Federal Highway Administration A proposed NHS was submitted to Federal law does not require Congress by the Department of compatibility between the National Transportation in December 1993 in [FHWA Docket No.96±22] Network and the NHS although they are response to a legislative mandate compatible to a large extent in many National Highway System Route contained in the Intermodal Surface States. Marker Study; Request for Comments Transportation Efficiency Act of 1991. A work group from the Federal On November 28, 1995, President Highway Administration was formed to AGENCY: Federal Highway Clinton signed the National Highway conduct the study and prepare the Administration (FHWA), DOT. System Designation Act of 1995. This report to Congress. The following list of ACTION: Notice; request for comments. Act designated a 161,108-mile National signing options was developed by the Highway System (NHS). work group. It is not intended to be SUMMARY: This is a request for The NHS consists of the most comprehensive. Minor variations could information to assist the Secretary of important rural and urban roads and be applied to any of the options, but the Transportation in responding to section streets in the country, including the FHWA position is that these options 359(b) of the National Highway System Interstate System and other principal capture the basic alternatives. Designation Act of 1995 (NHS Act) arterials. Although the system includes Options which requires a study be conducted to only 4 percent of total rural and urban determine the cost, need, and efficacy of highways, it serves about 42 percent of 1. Status Quo. Maintain the existing establishing a highway sign for total highway vehicle travel and nearly route numbering systems. No action is identifying routes on the National 70 percent of commercial vehicle travel. taken. This option would cost nothing. Highway System. The study results Ninety-eight percent of NHS routes are This option would not change the must be submitted to Congress by March under the jurisdictional control of the current route numbering systems, so 1, 1997. All the responses and State transportation agencies. In there should be no driver confusion comments will be fully considered addition to the Interstate System, the associated with a name/number change. before the study report is submitted. NHS includes some, but not all, U.S. There would be no costs to businesses DATES: Responses to this request must numbered routes, important State routes related to a change in name/numbering be received on or before October 21, and, in urban areas, some unnumbered (advertising, letterheads, etc.). 1996. roads and streets. In effect, the system 2. Add a sticker to existing route markers. Maintain the existing route ADDRESSES: Submit written, signed cuts across the full spectrum of existing numbering systems and place some type comments to FHWA Docket No. 96–22, route numbering systems—Interstate, of marker on the existing route number Federal Highway Administration, Room U.S. numbered routes, and State, county signs which are on highway segments 4232, HCC–10, Office of the Chief and city routes. that are part of the NHS. The marker Counsel, 400 Seventh Street SW., Under existing Federal law, FHWA’s could be as simple as an asterisk, a logo Washington, D.C. 20590. All comments role in route numbering is limited to the of some type, simply a letter, or other received will be available for Interstate System. Although the unique symbol. The presence of the examination at the above address American Association of State Highway identifying marker on the route number between 8:30 a.m. and 3:30 p.m., e.t., and Transportation Officials (AASHTO) shield would indicate that this highway Monday through Friday, except Federal plays an important role in Interstate section is part of the NHS. The cost to holidays. Those desiring notification of route numbering actions, the final implement this option, if it is receipt of comments must include a self- approval authority rests with the mandatory, would be approximately 8 addressed, stamped postcard/envelope. Federal Highway Administrator. to 12 million dollars. If it were an FOR FURTHER INFORMATION CONTACT: Mr. The U.S. numbered system does not optional feature, like the use of the Peter J. Hartman, Office of Highway have any basis in Federal law. The Eisenhower Sign on the Interstate or the Safety (HHS–10), (202) 366–8977, or Ms. States adopted the system in November National Network Sign, the cost could Gloria Hardiman-Tobin (HCC–32), 1926 and AASHTO (formerly AASHO) be lower. This option would not change Office of the Chief Counsel (202) 366– has since handled the numbering the current route numbering systems. 1397, Federal Highway Administration, without involvement by FHWA. Therefore, there should be no driver 400 Seventh Street, SW., Washington, For many years, routes on the U.S. confusion which often accompanies a D.C. 20590. Office hours are from 7:45 numbered highway system were name/number change. Additionally, a.m. to 4:15 p.m., e.t., Monday through considered the most important in the there would be no costs to businesses Friday, except Federal holidays. country. This gradually changed with (advertising, letterheads, etc.) related to SUPPLEMENTARY INFORMATION: Section the completion of segments of the a change in name/numbering. There 359(b) of the National Highway System Interstate System and, in some cases, may be a problem with the location of Designation Act of 1995 directs the the construction of major State routes. such a sticker because the useable area Secretary of Transportation to conduct a This change in the relative importance on a sign face is restricted. There may study to determine the cost, need, and of U.S. numbered routes as a national be a potential benefit to a community efficacy of establishing a highway sign system is also reflected in Federal laws located on the NHS as a result of the for identifying routes on the National and regulations related to the operation recognition gained from being Highway System. This section also of commercial motor vehicles. The connected by the NHS. specifies that the Secretary shall make a Surface Transportation Assistance Act 3. Delineate the NHS with a unique determination concerning whether to of 1982 required the States to identify sign. Maintain the existing route identify National Highway System route routes for use by larger-dimensioned numbering systems and erect a unique numbers. The Secretary is required to vehicles without regard to numbering sign at various intervals along highway submit a report to Congress on the system. The resulting network (called sections that are part of the NHS. The results of the study not later than March the National Network) includes all of sign could also be included, optionally, 1, 1997. the Interstate System, as well as many with appropriate route markers at Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices 43403 junctions and intersections. A new sign different systems in addition to the particularly interested in comments on may be more recognizable than a sticker NHS. This option adds another layer. the following questions: or symbol. The cost to implement this There are potential costs to businesses 1. Should highway segments that option, if it were mandatory, would be related to a change in name/numbering comprise the NHS be physically marked approximately 10 to 30 million dollars. (advertising, letterheads, etc.), but since via trailblazers, unique route numbers The cost is dependent upon sign this is only another layer, a business or some other identifying symbol? spacing and whether or not the sign is would have the option of making 2. If your basic response is ‘‘No,’’ is included with existing route markers at changes if it so desired. There may be it because you believe: intersections. If it were an optional a potential benefit to a community a. The anticipated benefits do not feature, like the Eisenhower Sign or the located on the NHS as a result of the outweigh the costs involved? Please National Network Sign, the cost could recognition gained from being explain. be lower. This option would not change connected by the NHS. Drivers might b. The existing guidance systems are the current route numbering systems. recognize that roadways marked as NHS adequate? Please explain. Therefore, there should be no driver routes are interconnected and that these c. The Federal government should not confusion which often accompanies a roadways might be more capable of be involved in this issue? Please name/number change. There would also facilitating through-traffic than other explain. be no costs to businesses related to a local roadways. d. There are possible safety change in name/numbering (advertising, 6. Redesign route numbering systems implications? Please explain. letterheads, etc.). There may be a to eliminate or minimize duplication of e. There is another reason, which we potential benefit to a community located route marking systems. Identify the NHS have not identified? Please explain. on the NHS as a result of the recognition with its own route numbering and If your basic response is ‘‘Yes,’’ then gained from being connected by the marker. This new system would be please respond to the following NHS. coordinated to the extent possible with questions. 3. Do you believe the anticipated 4. Delineate the NHS with a new route existing route numbering systems to benefits to drivers and communities marker sign. Maintain the existing route minimize route duplication. For outweigh the costs involved? Please numbering systems, but phase in a example, numbers for U.S. and State explain. newly designed route marker sign, such routes could be replaced by the NHS 4. Should marking the NHS be as a new shape and/or color, to be used numbering system. The Interstate voluntary on the part of each State or on those highway sections that are part numbering would not be changed under of the NHS. NHS sections would then be local jurisdiction, or should all States this option. Any highways not on the identified by the new route marker sign. and local jurisdictions be required to NHS could retain their existing The cost of this option would depend mark the system? designations or be revised at a State’s on the length of time allowed for the 5. Of the options discussed, which discretion. This would be the most phase-in. If a quick conversion is would provide the greatest benefits expensive option. Ultimately, it may required, the cost would be relative to cost? Please explain. have the most benefits to the driver with approximately 30 to 40 million dollars. 6. Is there another option for marking regards to system continuity, but could Since signs must be replaced the NHS, not covered above, that you be very confusing in the interim. Since periodically anyway, the cost of this feel has merit? If so, please describe the the NHS does not have a specific option could be lowered through an method. extended phase-in period. This option standard, like the Interstate System, it 7. What level(s) of government should would not change the current route could confuse the driver who is bear the cost of marking of the NHS? numbering system. Therefore, there expecting a certain type of roadway. a. Federal Government at 100% of the should be no driver confusion which Drivers might recognize, though, that cost. often accompanies a name/number roadways marked as NHS routes are b. Cost sharing between the Federal & change. There could, however, be some interconnected and that these roadways State Governments at some driver confusion related to a new sign might be more capable of facilitating predetermined percentage split, i.e., 50– design, in the interim conversion through-traffic than other local 50, 80–20, 90–10, etc. period. There would also be no costs to roadways. 8. If a marking system is ultimately businesses related to a change in name/ The cost of this option would be selected and if it involves the numbering (advertising, letterheads, approximately 50 to 80 million dollars. development of a new numbering etc.). There may be a potential benefit to There could be substantial costs to system, what agencies or groups should a community located on the NHS as a businesses related to a change in name/ be responsible for its development? result of the recognition gained from numbering (advertising, letterheads, a. The American Association of State being connected by the NHS. etc.). There may be a potential benefit to Highway and Transportation Officials 5. Delineate the NHS with a new route a community located on the NHS as a (AASHTO). (The AASHTO currently marker sign and new numbering system. result of the recognition gained from makes the decisions concerning U.S. This numbering system would simply being connected by the NHS. There routes.) be added to the existing numbering could also be negative effects on b. The Federal Government directly systems. The cost of this option would communities that rely on recognition through the FHWA. be similar to option four with additional related to other systems, such as the c. AASHTO and FHWA jointly. costs for the development of the U.S. Highway System, which could be d. Some other national group which numbering system and maintenance changed by a renumbering effort. A focuses on transportation issues, not costs for more signs. The cost to develop variation on this option would be to directly connected with either the and install a new route numbering include the Interstate System in the re- Federal or State governments. system on the NHS would be numbering process. 9. Is there another way to develop, install and maintain an NHS marking approximately 40 to 50 million dollars. Questions Driver confusion is a potential system not covered by the questions problem because of the layering of The FHWA invites comments on all included above? If so, please describe routes. A roadway might be on many aspects of the study requirements and is the process. 43404 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Notices

10. Do you have any other thoughts on this issue? Authority: 23 U.S.C. 315; 49 CFR 1.48; Sec. 359(b) of Pub. L. 104–59 (Nov. 28, 1995), 109 Stat. 626. Issued on: August 14, 1996. Rodney E. Slater, Federal Highway Administrator. [FR Doc. 96–21354 Filed 8–21–96; 8:45 am] BILLING CODE 4910±22±P federal register August 22,1996 Thursday Rule Amendments; FinalRuleandProposed Domestic Licensing:Technical 10 CFRParts2and51 Commission Nuclear Regulatory Part III 43405 43406 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Rules and Regulations

NUCLEAR REGULATORY SUPPLEMENTARY INFORMATION: 2 of this chapter, matters covered by COMMISSION Background Part 15 and Part 160 of this chapter, and any other matters covered by Appendix 10 CFR Parts 2 and 51 The NRC has removed Appendix C, C to Part 2 of this chapter.’’ Because ‘‘General Statement of Policy and Appendix C to 10 CFR Part 2 has been Procedures for NRC Enforcement RIN 3150±AF43 deleted, this sentence is incorrect. Thus, Actions,’’ from 10 CFR Part 2 (60 FR § 51.10(d) is amended by deleting the Deletion of Outdated References and 34380; June 30, 1995) inasmuch as the reference to Appendix C to 10 CFR Part Minor Change Enforcement Policy is a Policy 2. Enforcement-related actions Statement, not a regulation. The identified in the former Appendix C to AGENCY: Nuclear Regulatory enforcement policy, ‘‘General Statement 10 CFR Part 2 will be added as examples Commission. of Policy and Procedures for NRC to the list of actions in § 51.10(d). Enforcement Actions—Enforcement ACTION: Direct final rule. Policy,’’ was published as a Policy II. Grant of Discretion to Commission Statement on June 30, 1995 (60 FR To Require a Written Explanation in SUMMARY: The Nuclear Regulatory 34381). It was also published as Reply to a Notice of Violation Commission (NRC) is amending its NUREG–1600 in July 1995. There are Section 2.201 Notice of Violation regulations to delete all references to two sections (10 CFR 2.8(b) and Appendix C, of 10 CFR Part 2. 51.10(d)) in the Commission’s Section 2.201(a) states that, in Appendix C ‘‘General Statement of regulations that still reference Appendix response to a notice of violation, a Policy and Procedures for Enforcement C to Part 2. This rulemaking deletes licensee or other person subject to the Actions,’’ was removed from the Code of both outdated references. jurisdiction of the Commission to whom Federal Regulations because it is a This rulemaking also amends § 2.201, a notice of violation has been sent will Policy Statement, not a regulation, and ‘‘Notice of Violation,’’ to provide that be required to submit a written the enforcement policy was published the NRC may use discretion when statement in reply, including corrective as a Policy Statement on June 30, 1995. determining whether to require a steps that have been taken, and the date This direct final rule also provides that written explanation or statement in when full compliance will be achieved. the NRC may use discretion when reply to a notice of violation. When the However, when a licensee or other determining whether to require a NRC believes that the licensee or other person has already adequately written explanation or statement in person who received the notice of addressed the issues contained in the reply to a notice of violation. When the violation has already adequately notice of violation in writing, the NRC believes that the licensee or other addressed all the issues contained in licensee or other person has already, in person who receives the notice of that notice, further written responses effect, responded to the violation and a violation has already adequately may not be required. further written statement may be addressed all the issues contained in unnecessary. Therefore, § 2.201(a) is that notice, at the discretion of the NRC, Discussion amended to replace the existing phrase further written responses may not be I. Deletion of Outdated Reference to ‘‘will require’’ with ‘‘may require.’’ This required. Appendix C to 10 CFR Part 2 change grants the NRC discretion when DATES: This final rule is effective on determining whether to require the Section 2.8 Information Collection submittal of a written explanation or October 21, 1996, unless significant Requirements: OMB Approval adverse comments are received by the statement when the NRC believes that a NRC. Comments should be submitted by Section 2.8(a) currently states that the licensee or other person has already September 23, 1996. If the effective date Office of Management and Budget adequately addressed all the issues is delayed, timely notice will be (OMB) has approved the information contained in that notice of violation. collection requirements contained in published in the Federal Register. Electronic Access Part 2. Section 2.8(b) states that the ADDRESSES: Mail written comments to: approved information collection Comments may be submitted Secretary, U.S. Nuclear Regulatory requirements appear in Appendix C to electronically, in either ASCII text or Commission, Washington, DC, 20555– 10 CFR Part 2. Because Appendix C has WordPerfect format (version 5.1 or 0001. ATTN: Docketing and Service been removed from Part 2, there are no later), by calling the NRC Electronic Branch. longer any information collection Bulletin Board (BBS) on FedWorld. The Hand deliver comments to: 11555 requirements in this part. Thus, § 2.8 is bulletin board may be accessed using a Rockville Pike, Rockville, MD, between amended to state that there are no personal computer, a modem, and one 7:30 am and 4:15 pm Federal workdays. information collection requirements of the commonly available For information on submitting contained in this part. It should be communications software packages, or comments electronically, see the noted that any burden for the directly via Internet. discussion under Electronic Access in information collections related to If using a personal computer and the Supplementary Information Section. enforcement actions is currently modem, the NRC rulemaking subsystem associated with the policy statement on FedWorld can be accessed directly Copies of comments received may be by dialing the toll free number 1–800– examined or copies for a fee, at the NRC (June 30, 1995; 60 FR 34380), rather than with Part 2. 303–9672. Communication software Public Document Room, 2120 L Street parameters should be set as follows: NW. (Lower Level), Washington, DC. Section 51.10 Purpose and Scope of parity to none, data bits to 8, and stop FOR FURTHER INFORMATION CONTACT: M.L. Subpart; Application of Regulations of bits to 1 (N,8,1). Using ANSI or VT–100 Au, Office of Nuclear Regulatory Council on Environmental Quality terminal emulation, the NRC NUREGs Research, U.S. Nuclear Regulatory Section 51.10(d) currently states, and RegGuides for Comment subsystem Commission, Washington, DC 20555– ‘‘These actions include issuance of can then be accessed by selecting the 0001, telephone (301) 415–6181. E-Mail: notices, orders, and denials of requests ‘‘Rules Menu’’ option from the ‘‘NRC INTERNET:[email protected]. for action pursuant to Subpart B of Part Main Menu.’’ For further information Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Rules and Regulations 43407 about options available for NRC at receives significant adverse comments the direct final rule would be at most FedWorld, consult the ‘‘Help/ by September 23, 1996, then the NRC equal, but probably less than, the Information Center’’ from the ‘‘NRC will publish a document that withdraws burden under the existing regulations. Main Menu.’’ Users will find the this action and will address the This constitutes the regulatory analysis ‘‘FedWorld Online User’s Guides’’ comments received in response to the for the direct final rule. particularly helpful. Many NRC requested revisions which have been Small Business Regulatory Enforcement subsystems and data bases also have a proposed for approval and are being Act ‘‘Help/Information Center’’ option that concurrently published in the proposed is tailored to the particular subsystem. rules section of this Federal Register. In accordance with the Small The NRC subsystem on FedWorld can Comments will be addressed in the final Business Regulatory Enforcement also be accessed by a direct dial phone rule on this proposal. The NRC will not Fairness Act of 1996, the NRC has number for the main FedWorld BBS, initiate a second comment period on determined that this action is not a 703–321–3339, or by using Telnet via this action. major rule and has verified this Internet: fedworld.gov. If using 703– determination with the Office of 321–3339 to contact FedWorld, the NRC Environmental Impact: Categorical Information and Regulatory Affairs of subsystem will be accessed from the Exclusion OMB. main FedWorld menu by selecting the The NRC has determined that this Backfit Analysis ‘‘Regulatory, Government direct final rule is the type of action Administration and State Systems,’’ described as a categorical exclusion in The NRC has determined that the then selecting ‘‘Regulatory Information §§ 51.22(c)(1) and 51.22(c)(2). Therefore, backfit rule, 10 CFR 50.109, does not Mall.’’ At that point, a menu will be neither an environmental impact apply to this rule, because these displayed that has an option ‘‘U.S. statement nor an environmental amendments do not involve any Nuclear Regulatory Commission’’ that assessment has been prepared for this provisions that would impose backfits will take you to the NRC Online main direct final rule. as defined in 10 CFR 50.109(a)(1). menu. The NRC Online area also can be Therefore, a backfit analysis is not accessed directly by typing ‘‘/go nrc’’ at Paperwork Reduction Act Statement for required for this direct final rule. a FedWorld command line. If you access Direct Final Rule List of Subjects NRC from FedWorld’s main menu, you This direct final rule does not contain may return to FedWorld by selecting the a new or amended information 10 CFR Part 2 ‘‘Return to FedWorld’’ option from the collection requirement subject to the Administrative practice and NRC Online Main Menu. However, if Paperwork Reduction Act of 1995 (44 procedure, Antitrust, Byproduct you access NRC at FedWorld by using U.S.C. 3501 et seq.). Existing material, Classified information, NRC’s toll-free number, you will have information collections were approved Environmental protection, Nuclear full access to all NRC systems but you by the Office of Management and materials, Nuclear power plants and will not have access to the main Budget, approval numbers 3150–0136 reactors, Penalties, Sex discrimination, FedWorld system. and 3150–0021. Source material, Special nuclear If you contact FedWorld using Telnet, Public Protection Notification material, Waste treatment and disposal. you will see the NRC area and menus, including the Rules menu. Although The NRC may not conduct or sponsor, 10 CFR Part 51 you will be able to download and a person is not required to respond Administrative practice and documents and leave messages, you will to, a collection of information unless it procedure, Environmental Impact not be able to write comments or upload displays a currently valid OMB control statement, Nuclear power plants and files (comments). If you contact number. reactors, Reporting and recordkeeping FedWorld using FTP, all files can be Regulatory Analysis requirements. accessed and downloaded but uploads For reasons set out in the preamble are not allowed; all you will see is a list This direct final rule deletes outdated references to an appendix which and under the authority of the Atomic of files without descriptions (normal Energy Act of 1954, as amended, the Gopher look). An index file listing all previously has been deleted from the Commission regulations and provides Energy Reorganization Act of 1974 as files within a subdirectory, with amended, and 5 U.S.C. 552 and 553, the descriptions, is included. There is a 15- that the NRC may use discretion regarding the submittal of a written NRC is adopting the following minute limit for FTP access. amendments to 10 CFR parts 2 and 51. Although FedWorld can be accessed response from a licensee if the NRC believes that the licensee or other through the World Wide Web, like FTP, PART 2ÐRULES OF PRACTICE FOR person has already adequately that mode only provides access for DOMESTIC LICENSING PROCEEDINGS addressed all the issues contained in a downloading files and does not display AND ISSUANCE OF ORDERS the NRC Rules Menu. notice of violation. Deleting the For more information on NRC bulletin outdated references will have no impact 1. The authority citation for part 2 is boards call Mr. Arthur Davis, Systems on licensees, the NRC, or the public. revised as follows: Integration and Development Branch, The NRC’s discretion on requiring NRC, Washington, DC 20555, telephone reports responding to a notice of Authority: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231); sec. (301) 415–5780; e-mail [email protected]. violation will reduce the burdens of preparing unnecessary reports by 191, as amended, Pub. L. 87–615, 76 Stat. 409 Procedural Background (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as licensees and of reviewing these reports amended (42 U.S.C. 5841); 5 U.S.C. 552. Because NRC considers this action by the NRC without compromising the Section 2.101 also issued under secs. 53, noncontroversial and routine, we are public health and safety. However, it is 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, approving it without seeking public impossible to quantify the amount of 933, 935, 936, 937, 938, as amended (42 comments on proposed amendments. reduction in burden because the number U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, This action will become effective on of discretions to be authorized cannot be 2135); sec. 114(f), Pub. L. 97–425, 96 Stat. October 21, 1996. However, if the NRC estimated. Therefore, the burden under 2213, as amended (42 U.S.C. 10134(f)); sec. 43408 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Rules and Regulations

102, Pub. L. 91–190, 83 Stat. 853, as amended § 2.201 Notice of violation. 854, as amended (42 U.S.C. 4332, 4334, (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 (a) In response to an alleged violation 4335); and Pub. L. 95–604, Title II, 92 Stat. U.S.C. 5871). Sections 2.102, 2.103, 2.104, of any provision of the Act or this 3033–3041; and sec. 193, Pub. L. 101–575, 2.105, 2.721 also issued under secs. 102, 103, chapter or the conditions of a license or 104 Stat. 2835 (42 U.S.C. 2243). Sections 104, 105, 183, 189, 68 Stat. 936, 937, 938, an order issued by the Commission, the 51.20, 51.30, 51.60, 51.80, and 51.97 also 954, 955, as amended (42 U.S.C. 2132, 2133, issued under secs. 135, 141, Pub. L. 97–425, 2134, 2135, 2233, 2239). Section 2.105 also Commission may serve on the licensee or other person subject to the 96 Stat. 2232, 2241, and sec. 148, Pub. L. issued under Pub. L. 97–415, 96 Stat. 2073 100–203, 101 Stat. 1330–223 (42 U.S.C. jurisdiction of the Commission a written (42 U.S.C. 2239). Sections 2.200–2.206 also 10155, 10161, 10168). Section 51.22 also issued under secs. 161b, i, o, 182, 186, 234, notice of violation; a separate notice issued under sec. 274, 73 Stat. 688, as 68 Stat. 948–951, 955, 83 Stat. 444, as may be omitted if an order pursuant to amended by 92 Stat. 3036–3038 (42 U.S.C. amended (42 U.S.C. 2201(b),(i),(o), 2236, § 2.202 or demand for information 2021) and under Nuclear Waste Policy Act of 2282); sec. 206, 88 Stat. 1246 (42 U.S.C. pursuant to § 2.204 is issued that 1982, sec. 121, 96 Stat. 2228 (42 U.S.C. 5846). Sections 2.600–2.606 also issued otherwise identifies the apparent 10141). Sections 51.43, 51.67, and 51.109 under sec. 102, Pub. L. 91–190, 83 Stat. 853, violation. The notice of violation will as amended (42 U.S.C. 4332). Sections also under Nuclear Waste Policy Act of 1982, 2.700a, 2.719 also issued under 5 U.S.C. 554. concisely state the alleged violation and sec. 114(f), 96 Stat. 2216, as amended (42 Sections 2.754, 2.760, 2.770, 2.780 also may require that the licensee or other U.S.C. 10134(f)). issued under 5 U.S.C. 557. Section 2.764 also person submit, within 20 days of the issued under secs. 135, 141, Pub. L. 97–425, date of the notice or other specified 5. In § 51.10, paragraph (d) is revised 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). time, a written explanation or statement to read as follows: Section 2.790 also issued under sec. 103, 68 in reply if the Commission believes that § 51.10 Purpose and scope of subpart: Stat. 936, as amended (42 U.S.C. 2133) and the licensee has not already addressed Applications of regulations of Council on 5 U.S.C. 552. Sections 2.800 and 2.808 also all the issues contained in the notice of Environmental Quality. issued under 5 U.S.C. 553. Section 2.809 also violation, including: issued under 5 U.S.C. 553 and sec. 29, Pub. (1) Corrective steps which have been * * * * * L. 85–256, 71 Stat. 579, as amended (42 taken by the licensee or other person (d) Commission actions initiating or U.S.C. 2039). Subpart K also issued under relating to administrative or judicial sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. and the results achieved; 134, Pub. L. 97–425, 96 Stat. 2230 (42 U.S.C. (2) Corrective steps which will be civil or criminal enforcement actions or 10154). Subpart L also issued under sec. 189, taken; and proceedings are not subject to Section 68 Stat. 955 (42 U.S.C. 2239). Appendix A (3) The date when full compliance 102(2) of NEPA. These actions include also issued under sec. 6, Pub. L. 91–560, 84 will be achieved. issuance of notices of violation, orders, Stat. 1473 (42 U.S.C. 2135). Appendix B also * * * * * and denials of requests for action issued under sec. 10, Pub. L. 99–240, 99 Stat. pursuant to subpart B of part 2 of this 1842 (42 U.S.C. 2021b et seq.). PART 51ÐENVIRONMENTAL chapter; matters covered by part 15 and 2. Section 2.8 is revised to read as PROTECTION REGULATIONS FOR part 160 of this chapter; and issuance of follows: DOMESTIC LICENSING AND RELATED confirmatory action letters, bulletins, REGULATORY FUNCTIONS generic letters, notices of deviation, and § 2.8 Information collection requirements: notices of nonconformance. OMB approval. 4. The authority citation for Part 51 continues to read as follows: Dated at Rockville, Maryland, this 8th day This part contains no information of August, 1996. collection requirements and therefore is Authority: Sec. 161, 68 Stat. 948, as not subject to requirements of the amended, sec. 1701, 106 Stat. 2951, 2952, For the Nuclear Regulatory Commission. 2953, (42 U.S.C. 2201, 2297f); secs. 201, as James M. Taylor, Paperwork Reduction Act (44 U.S.C. amended, 202, 88 Stat. 1242, as amended, Executive Director for Operations. 3501 et seq.). 1244 (42 U.S.C. 5841, 5842). Subpart A also 3. In § 2.201, paragraph (a) is revised issued under National Environmental Policy [FR Doc. 96–21167 Filed 8–21–96; 8:45 am] to read as follows: Act of 1969, secs. 102, 104, 105, 83 Stat. 853– BILLING CODE 7590±01±P Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Proposed Rules 43409

NUCLEAR REGULATORY publishing this proposed rule accessed directly by typing ‘‘/go nrc’’ at COMMISSION concurrently as a Direct Final Rule in a FedWorld command line. If you access the final rule section of this Federal NRC from FedWorld’s main menu, you 10 CFR Parts 2 and 51 Register. The Direct Final Rule will may return to FedWorld by selecting the become effective on October 21, 1996. ‘‘Return to FedWorld’’ option from the RIN 3150±AF43 However, if the NRC receives significant NRC Online Main Menu. However, if Deletion of Outdated References and adverse comments on the Direct Final you access NRC at FedWorld by using Minor Change Rule by September 23, 1996, then the NRC’s toll-free number, you will have NRC will publish a document that full access to all NRC systems but you AGENCY: Nuclear Regulatory withdraws the Direct Final Rule. If the will not have access to the main Commission. Direct Final Rule is withdrawn, the NRC FedWorld system. ACTION: Proposed rule. will address in a Final Rule the If you contact FedWorld using Telnet, comments received in response to this SUMMARY: The Nuclear Regulatory proposed rule. Absent significant you will see the NRC area and menus, Commission (NRC) is proposing to modifications to the proposed revisions including the Rules menu. Although amend its regulations to delete all requiring republication, the NRC will you will be able to download references to Appendix C, of 10 CFR not initiate a second comment period on documents and leave messages, you will Part 2. Appendix C ‘‘General Statement this action in the event the Direct Final not be able to write comments or upload of Policy and Procedures for Rule is withdrawn. files (comments). If you contact Enforcement Actions,’’ was removed FedWorld using FTP, all files can be from the Code of Federal Regulations Electronic Access accessed and downloaded but uploads because it is a Policy Statement, not a Comments may be submitted are not allowed; all you will see is a list regulation, and the enforcement policy electronically, in either ASCII text or of files without descriptions (normal was published as a Policy Statement on WordPerfect format (version 5.1 or Gopher look). An index file listing all June 30, 1995. This proposed rule also later), by calling the NRC Electronic files within a subdirectory, with provides that the NRC may use Bulletin Board (BBS) on FedWorld. The descriptions, is included. There is a 15- discretion when determining whether to bulletin board may be accessed using a minute limit for FTP access. require a written explanation or personal computer, a modem, and one Although FedWorld can be accessed statement in reply to a notice of of the commonly available through the World Wide Web, like FTP, violation. When the NRC believes that communications software packages, or that mode only provides access for the licensee or other person who directly via Internet. downloading files and does not display receives the notice of violation has If using a personal computer and the NRC Rules Menu. already adequately addressed all the modem, the NRC rulemaking subsystem issues contained in that notice, at the on FedWorld can be accessed directly For more information on NRC bulletin discretion of the NRC, further written by dialing the toll free number 1–800– boards call Mr. Arthur Davis, Systems responses may not be required. 303–9672. Communication software Integration and Development Branch, DATES: Comments on the proposed rule parameters should be set as follows: NRC, Washington, DC 20555, telephone must be received on or before parity to none, data bits to 8, and stop (301) 415–5780; e-mail [email protected]. September 23, 1996. bits to 1 (N,8,1). Using ANSI or VT–100 List of Subjects ADDRESSES: Mail written comments to: terminal emulation, the NRC NUREGs Secretary, U.S. Nuclear Regulatory and RegGuides for Comment subsystem 10 CFR Part 2 Commission, Washington, DC, 20555– can then be accessed by selecting the Administrative practice and 0001. ATTN: Docketing and Service ‘‘Rules Menu’’ option from the ‘‘NRC procedure, Antitrust, Byproduct Branch. Main Menu.’’ For further information Hand deliver comments to: 11555 about options available for NRC at material, Classified information, Rockville Pike, Rockville, MD, between FedWorld, consult the ‘‘Help/ Environmental protection, Nuclear 7:30 am and 4:15 pm Federal workdays. Information Center’’ from the ‘‘NRC materials, Nuclear power plants and For information on submitting Main Menu.’’ Users will find the reactors, Penalties, Sex discrimination, comments electronically, see the ‘‘FedWorld Online User’s Guides’’ Source material, Special nuclear discussion under Electronic Access in particularly helpful. Many NRC material, Waste treatment and disposal. the Supplementary Information Section. subsystems and data bases also have a 10 CFR Part 51 Copies of comments received may be ‘‘Help/Information Center’’ option that examined or copies for a fee, at the NRC is tailored to the particular subsystem. Administrative practice and Public Document Room, 2120 L Street The NRC subsystem on FedWorld can procedure, Environmental Impact NW. (Lower Level), Washington, DC. also be accessed by a direct dial phone statement, Nuclear power plants and FOR FURTHER INFORMATION CONTACT: number for the main FedWorld BBS, reactors, Reporting and recordkeeping M.L. Au, Office of Nuclear Regulatory 703–321–3339, or by using Telnet via requirements. Research, U.S. Nuclear Regulatory Internet: fedworld.gov. If using 703– Commission, Washington, DC 20555– 321–3339 to contact FedWorld, the NRC For reasons set out in the preamble 0001, telephone (301) 415–6181. E-Mail: subsystem will be accessed from the and under the authority of the Atomic INTERNET:[email protected]. main FedWorld menu by selecting the Energy Act of 1954, as amended, the Energy Reorganization Act of 1974 as SUPPLEMENTARY INFORMATION: ‘‘Regulatory, Government For amended, and 5 U.S.C. 552 and 553, the additional information see the Direct Administration and State Systems,’’ then selecting ‘‘Regulatory Information NRC is proposing the amendments to 10 Final Rule published in the rules CFR parts 2 and 51 that are set forth in section of this Federal Register. Mall.’’ At that point, a menu will be displayed that has an option ‘‘U.S. the direct final rule published elsewhere Procedural Background Nuclear Regulatory Commission’’ that in this issue. Because NRC considers this action will take you to the NRC Online main Dated at Rockville, Maryland, this 8th day noncontroversial and routine, we are menu. The NRC Online area also can be of August, 1996. 43410 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Proposed Rules

For the Nuclear Regulatory Commission. James M. Taylor, Executive Director for Operations. [FR Doc. 96–21166 Filed 8–21–96; 8:45 am] BILLING CODE 7590±01±P i

Reader Aids Federal Register Vol. 61, No. 164 Thursday, August 22, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

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 981...... 42990 Public Laws Update Services (numbers, dates, etc.) 523±6641 982...... 42991 For additional information 523±5227 Executive Orders: 985...... 40959 10163 (Amended by Presidential Documents 997...... 42993 EO 13013)...... 41483 998...... 42993 Executive orders and proclamations 523±5227 12143 (Superceded by 1005...... 41488 The United States Government Manual 523±5227 EO 13014)...... 42963 1007...... 41488 Other Services 13013...... 41483 1011...... 41488 13014...... 42963 Electronic and on-line services (voice) 523±4534 1046...... 41488 Administrative Orders 1467...... 42137 Privacy Act Compilation 523±3187 Notice of August 14, 1703...... 42462 523±5229 TDD for the hearing impaired 1996 ...... 42527 1944...... 42842 Presidential Determinations: 1980...... 43147 ELECTRONIC BULLETIN BOARD 96±41 of August 12, 4000...... 42371 1996 ...... 43137 Proposed Rules: Free Electronic Bulletin Board service for Public Law numbers, 210...... 42396 Federal Register finding aids, and list of documents on public 5 CFR 220...... 40481, 42396 inspection. 202±275±0920 531...... 40949, 42939 225...... 42396 FAX-ON-DEMAND 831...... 41714 226...... 40481, 42396 837...... 41714 300...... 42565 You may access our Fax-On-Demand service. You only need a fax 841...... 41714 301 ...... 40354, 40361, 41990, machine and there is no charge for the service except for long 842...... 41714 42824 distance telephone charges the user may incur. The list of 843...... 41714 319...... 40362, 42565 documents on public inspection and the daily Federal Register’s 844...... 41714 457...... 41527, 41531 table of contents are available using this service. The document 847...... 41714 911...... 40550 numbers are 7050-Public Inspection list and 7051-Table of 1620...... 41485 929...... 43186 Contents list. The public inspection list will be updated 2634...... 40145 944...... 40550 immediately for documents filed on an emergency basis. 2635...... 40950, 42965 1530...... 40749 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 2470...... 41293 1710...... 41025 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 2471...... 41293 1714...... 41025 public inspection may be viewed and copied in our office located 2472...... 41293 1717...... 41025 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 2473...... 41293 1786...... 41025 telephone number is: 301±713±6905 Ch. LIV...... 40500 Ch. LXVI ...... 40505 8 CFR 217...... 41684 FEDERAL REGISTER PAGES AND DATES, AUGUST Proposed Rules: 591...... 41746 245...... 43028 40145±40288...... 1 Proposed Rules: 7 CFR 40289±40504...... 2 3...... 40552, 41684 40505±40716...... 5 9...... 42773 103...... 40552, 41684 212...... 40552 40717±40948...... 6 19...... 42371 26...... 40145 235...... 40552 40949±41292...... 7 51...... 40289 236...... 40552 41293±41482...... 8 400...... 40952, 42970 242...... 40552 41483±41728...... 9 402...... 42979 287...... 40552 41729±41948...... 10 457...... 41297 292...... 40552 41949±42136...... 13 620...... 42137 292a...... 40552 42137±42370...... 14 663...... 41949 9 CFR 42371±42528...... 15 800...... 43301 42529±42772...... 16 906...... 43139 78...... 41730 42773±42964...... 19 911...... 43141 94...... 40292, 43305 42965±43136...... 20 915...... 40290 304...... 43149, 43150 308...... 43149, 43150 43137±43300...... 21 920...... 40506 922...... 40954, 42988 310...... 43149, 43150 43301±43410...... 22 923...... 40954 317...... 42143 924...... 40954, 40956 320...... 43149, 43150 927...... 42529 327...... 43149, 43150 928...... 40146 381...... 43149, 43150 929...... 41729 416...... 43149, 43150 931...... 42529 417...... 43149, 43150 932...... 40507 Proposed Rules: 944...... 40507, 43141 92...... 43188 947...... 43144 102...... 43316 953...... 43146 104...... 43316 ii Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Reader Aids

130...... 43188 42784, 42785, 43310, 179...... 42381 5...... 40568 73...... 42550 184...... 40317 7...... 40568 10 CFR 95...... 40148 522...... 41498, 42383 19...... 40568 2...... 43406 97 ...... 40150, 40151, 42551, 556...... 42383 20...... 40568 50...... 41303 42552, 42554 601...... 40153 22...... 40568 51...... 43406 Proposed Rules: 620...... 40153 24...... 40568 Proposed Rules: 23...... 41688 630...... 40153 25...... 40568 2...... 43409 25 ...... 40710, 41688, 41924, 640...... 40153 27...... 40568 25...... 40555 42577 650...... 40153 70...... 40568 30...... 43193 33...... 41688 660...... 40153 250...... 40568 40...... 43193 39 ...... 40159, 40758, 40760, 680...... 40153 251...... 40568 51...... 43409 40762, 41037, 41039, 41537, 1309...... 40981 252...... 42462 70...... 43193 41539, 41751, 41753, 41755, 1310...... 40981 290...... 42462 95...... 40555 41757, 42195, 42825, 43317, 1313...... 40981 28 CFR 430...... 41748 43319 Proposed Rules: 434...... 40882 71...... 40365, 43320 201...... 42826 29...... 40723 435...... 40882 91...... 41040, 43196 331...... 42826 42...... 42556, 43119 490...... 41032 93...... 41040, 43196 352...... 42398 90...... 40727 121...... 41040, 43196 22 CFR 11 CFR 135...... 41040, 43196 29 CFR 50...... 43310 104...... 42371 255...... 42197, 42208 4...... 40714 51...... 43310 110...... 40961 Ch. 1 ...... 41750 5...... 40714 126...... 41499, 41737 Proposed Rules: 1691...... 42556 15 CFR 212...... 43002 1926...... 41738 109...... 41036 602...... 40332 110...... 41036 679...... 40481 2510...... 41220 774...... 41326 23 CFR 4044...... 42384 12 CFR 799A ...... 41326 Proposed Rules: Proposed Rules: 1...... 40366 26...... 40293 16 CFR 655...... 40484 212...... 40293 5...... 40366 348...... 40293 1700...... 40317 24 CFR 102...... 40369 Proposed Rules: 563...... 40293 103...... 41480 1507...... 41043 30 CFR 701...... 41312 111...... 41282 56...... 42787 931...... 40311 115...... 41282 17 CFR 57...... 42787 932...... 43151 203...... 42786 203...... 40734 933...... 42531 1...... 41496, 42999 221...... 42786 735...... 40155 941...... 43151 4...... 42146 280...... 42952 937...... 40155 Proposed Rules: 211...... 40721 700...... 42949 946...... 42788 3...... 42565 230...... 42786 982...... 42129 950...... 40735 208...... 42565 239...... 42786 3500...... 41944 270...... 42786 Proposed Rules: 219...... 43195 Proposed Rules: 274...... 42786 250...... 41541 225...... 42565 Ch. IX...... 42939 936...... 40369 325...... 42565 Proposed Rules: 10...... 42722 230...... 43400 357...... 40756 31 CFR 567...... 42565 240...... 43400 25 CFR 211...... 41739 613...... 42091 250...... 43400 Proposed Rules: 614...... 42091 270...... 43400 214...... 41365 Proposed Rules: 615...... 42901 275...... 43400 344...... 40764 618...... 42901 26 CFR 18 CFR 32 CFR 619...... 42901 1...... 40993, 42165 620...... 42901 284...... 40962 31...... 40993 Proposed Rules: 626...... 42901 381...... 40722 301...... 42178 202...... 40764 703...... 41750 Proposed Rules: 602...... 40993 33 CFR 704...... 41750 35...... 41759 Proposed Rules: 932...... 42570 284...... 41406 1...... 42401 100 ...... 40513, 42505, 41506 934...... 41535 20...... 43197 110...... 40993 19 CFR 935...... 40364 25...... 43197 117...... 40515, 43158 941...... 42570 10...... 41737 31...... 42401 154...... 41452, 42462 1270...... 42824 12...... 41737 35a...... 42401 156...... 41452 102...... 41737 301...... 42401 157...... 41684 13 CFR 134...... 41737 502...... 42401 165...... 40515, 40994 107...... 41496 503...... 42401 Proposed Rules: 121...... 42376, 43119 20 CFR 509...... 42401 165...... 40587 348...... 42377 513...... 42401 14 CFR 404...... 41329 514...... 42401 36 CFR 17 (2 documents) ...... 42396, 516...... 42401 31...... 40996 42397 21 CFR 517...... 42401 211...... 415070 25...... 41949,42144 73...... 40317 517...... 42401 Proposed Rules: 39 ...... 40313, 40511, 41733, 101 ...... 40320, 40963, 42742, 520...... 42401 7...... 41058 41951, 41953, 41955, 41957, 43119 521...... 42401 242...... 41060 42549, 42773, 42776, 42777, 136...... 40513 27 CFR 42779, 42781, 42782, 42994, 137...... 40513 37 CFR 42996, 43155, 43307 139...... 40513 252...... 41500 1...... 42790, 43400 71 ...... 40147, 40315, 40316, 175...... 42378 290...... 41500 15...... 42807 40717, 40718, 40719, 40961, 177...... 42379 Proposed Rules: 15a...... 42807 41684, 41735, 41736, 42146, 178...... 42381, 43156 4...... 40568 101...... 40997 Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Reader Aids iii

102...... 40997 201±24...... 40708 20...... 40374 4...... 41212, 41214 501...... 40997 Ch. 301 ...... 40524 25...... 40772 5...... 41212 32...... 40161, 41208 7...... 40284 38 CFR 42 CFR 64...... 40161, 41208 12...... 41214 19...... 43008 406...... 40343 73 ...... 40774, 40775, 41114, 14...... 41212 20...... 43008 407...... 40343 42228, 42229, 42230, 42412, 15...... 40284, 41214 Proposed Rules: 408...... 40343 42413, 43032, 43033, 43209 16...... 40284, 41214 1...... 40589 415...... 42385 25...... 41214 48 CFR 3...... 41368 416...... 40343 31...... 41214 17...... 41108 417...... 42385 Ch. 1...... 41466, 41477 36...... 41212 473...... 42385 2...... 41467 37...... 40284 39 CFR 498...... 42385 5...... 41467 42...... 43294 7...... 41467 111...... 42478 46...... 40284, 41214 43 CFR 8...... 41467 233...... 42557 52...... 40284, 41214 9...... 41467, 41472 Proposed Rules: 4...... 40347 53...... 43294 701...... 42219 12...... 40525 12...... 41467 15...... 41467 225...... 43214 Proposed Rules: 252...... 43214 40 CFR 1862...... 42579 16...... 41467 17...... 41467 909...... 40775 3...... 40500 3600...... 40373 19...... 41467 952...... 40775 5...... 41330 3610...... 40373 22...... 41467 970...... 40775 30...... 41959 3620...... 40373 23...... 41473 51...... 40940, 41838 3860...... 42407 25...... 41475 52 ...... 40516, 41331, 41335, 49 CFR 31...... 41476 41338, 41342, 41838 44 CFR 32...... 41467 192...... 41019 60...... 42808 64...... 40525, 42179 33...... 41467 195...... 43026 80...... 42812 65...... 40527 34...... 41467 390...... 42822 81...... 40516, 41342 Proposed Rules: 37...... 41467 544...... 41985 85...... 40940 67...... 40595 38...... 41467 571...... 41355, 41510 122...... 41698 206...... 43208 39...... 41467 Proposed Rules: 180 ...... 40337, 40338, 40340 45...... 41467 361...... 40781 261...... 40519 45 CFR 46...... 41467 362...... 40781 271 ...... 40520, 41345, 43009, 1336...... 42817 51...... 41467 363...... 40781 43018 1610...... 41960 52...... 41467, 41473 364...... 40781 272...... 41345 1617...... 41963 53...... 41467 385...... 40781 282...... 41507 1632...... 41964 253...... 43119 300...... 40523 1633...... 41965 386...... 40781 506...... 42190 391...... 40781 Proposed Rules: 547...... 42190 51...... 43030 46 CFR 393...... 40781 552...... 42190, 46462 571 ...... 40784, 41510, 41764, 52 ...... 40591, 40592, 41371, 31...... 41684 719...... 42939 41372, 42939, 43030, 43202 35...... 41684 43033 722...... 42939 1002...... 42190 59...... 40161 70...... 40281 752...... 42939 64...... 41991 108...... 40281 901...... 41702 70...... 41991, 42222 133...... 40281 905...... 41702 50 CFR 71...... 41991 153...... 42822 906...... 41702 13...... 40481 80...... 42827 168...... 40281 908...... 41702 14...... 40481 81 ...... 41371, 41759, 41764 199...... 40281 909...... 41684 17...... 41020, 43178 153...... 41764 572...... 40530 915...... 41702 20...... 42492 159...... 41764 Proposed Rules: 916...... 41702 222...... 41514 260...... 41111 10...... 41208 917...... 41702 285 ...... 40352, 43027, 43184 261...... 41111, 42318 15...... 41208 922...... 41702 660...... 40156, 40157 262...... 41111 540...... 43209 928...... 41702 264...... 41111 932...... 41702 678...... 43185 47 CFR 268...... 41111 933...... 41702 679 ...... 40158, 40353, 40748, 269...... 41111 1 ...... 40155, 41006, 41966, 935...... 41702 41024, 41363, 41523, 41744, 271...... 41111, 42318 43023 936...... 41702 43312 281...... 40592 2...... 41006, 42386 942...... 41702 Proposed Rules: 300 ...... 40371, 42402, 42404, 15...... 41006, 42558 945...... 41702 20 ...... 42495, 42500, 42506, 43203, 43205 20...... 40348 952...... 41702 42730 302...... 42318 24...... 41006 971...... 41702 30...... 41115 372...... 43207 63...... 40531 1801...... 40533 100...... 41060 64 ...... 42181, 42558, 43159 1802...... 40533 216...... 40377 41 CFR 68...... 42181, 42386 1803...... 40533 217...... 41116 50±201...... 40714 73 ...... 40156, 40746, 41019, 1804...... 40533 222...... 41116, 41541 50±206...... 40714 42189, 42190, 42394, 43025 1805...... 40533 227...... 40810 101±11...... 41000 76...... 43160 1806...... 40533 300...... 41987 101±35...... 41003 90...... 40747 1825...... 42394 622 ...... 42413, 42822, 43215 101±43...... 41352 97...... 41006 1852...... 40533 648...... 43217 101±46...... 41352 Proposed Rules: Proposed Rules: 660...... 41988 201±23...... 40708 Ch. 1 ...... 43031 1...... 41212 679 ...... 40380, 43035, 43325 iv Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Reader Aids

REMINDERS Prunes (dried) produced in Illinois; comments due by 8- National priorities list The items in this list were California; comments due by 26-96; published 7-25-96 update; comments due editorially compiled as an aid 8-30-96; published 7-31-96 Iowa; comments due by 8- by 8-26-96; published to Federal Register users. AGRICULTURE 28-96; published 7-29-96 7-26-96 Inclusion or exclusion from DEPARTMENT Missouri; comments due by National priorities list this list has no legal Animal and Plant Health 8-28-96; published 7-29- update; comments due significance. Inspection Service 96 by 8-28-96; published 7-29-96 Plant-related quarantine, Pennsylvania; comments domestic: due by 8-29-96; published Toxic chemical release RULES GOING INTO reporting; community right- Japanese beetle; comments 7-30-96 EFFECT TODAY to-know-- due by 8-26-96; published Tennessee; comments due 6-25-96 by 8-28-96; published 7- Metal mining, coal mining, AGRICULTURE 29-96 etc.; industry group list COMMERCE DEPARTMENT DEPARTMENT Washington; comments due additions; comments National Oceanic and Agricultural Marketing by 8-26-96; published 7- due by 8-26-96; Atmospheric Administration Service 25-96 published 6-27-96 Fishery conservation and Oranges and grapefruit grown Wisconsin; comments due FARM CREDIT management: in Texas; published 8-21-96 by 8-28-96; published 7- ADMINISTRATION LABOR DEPARTMENT Gulf of Alaska groundfish; 29-96 Farm credit system: comments due by 8-30- Occupational Safety and Air quality implementation Loan policies and 96; published 7-5-96 Health Administration plans; √A√approval and operations-- Gulf of Mexico reef fish; Shipyard employment safety promulgation; various Short- and intermediate- comments due by 8-30- and health standards: States; air quality planning term credit; FCS 96; published 8-15-96 Personal protective purposes; designation of (System) and non- equipment; published 5- Ocean salmon off coasts of areas: System lenders; 24-96 Washington, Oregon and Washington; comments due comments due by 8-30- California; comments due NATIONAL AERONAUTICS by 8-28-96; published 7- 96; published 7-17-96 by 8-27-96; published 8- 29-96 AND SPACE 13-96 FEDERAL ADMINISTRATION Clean Air Act: COMMUNICATIONS EDUCATION DEPARTMENT Grants and cooperative State operating permits COMMISSION agreements; uniform Direct grant programs; programs-- Common carrier services: administrative requirements: comments due by 8-30-96; New York; comments due published 7-16-96 Commercial mobile radio Institutions of higher by 8-29-96; published services-- education, hospitals, and Elementary and secondary 7-30-96 education: Enhanced 911 emergency other non-profit Drinking water: calling systems; organizations; published Indian fellowship and National primary and comments due by 8-26- 7-23-96 professional development secondary drinking water 96; published 8-2-96 STATE DEPARTMENT programs; comments due regulations-- by 8-26-96; published 7- Interstate information Nationality and passports: Enhanced surface water 26-96 services; comments due Passports and U.S. treatment requirements by 8-26-96; published 7- nationality claims in ENVIRONMENTAL for waterborne 26-96 PROTECTION AGENCY foreign countries; persons pathogens and viruses; Telecommunications Act of authorized to issue and Air pollution control; new comments due by 8-30- 1996; implementation-- motor vehicles and engines: 96; published 5-29-96 adjudicate; published 8- Accounting safeguards; Hazardous waste program 22-96 Highway heavy-duty comments due by 8-26- authorizations: TRANSPORTATION engines; emissions 96; published 8-1-96 control; comments due by Kansas; comments due by DEPARTMENT Radio stations; table of 8-26-96; published 6-27- 8-28-96; published 7-29- Federal Aviation assignments: 96 96 Administration Florida; comments due by Air pollution; standards of Hazardous waste: VOR Federal airways; 8-26-96; published 7-19- performance for new correction; published 8-22- Hazardous waste 96 stationary sources: management system-- 96 Louisiana; comments due by Nonmetallic mineral Contaminated media 8-26-96; published 7-19- processing plants; managed during 96 COMMENTS DUE NEXT comments due by 8-26- government-overseen WEEK 96; published 6-27-96 remedial actions; Nevada; comments due by 8-26-96; published 7-19- Volatile organic compound requirements; comments 96 AGRICULTURE (VOC) emissions-- due by 8-28-96; New Mexico; comments due DEPARTMENT Architectural coatings; published 7-1-96 by 8-26-96; published 7- Agricultural Marketing comments due by 8-30- Pesticides; tolerances in food, 19-96 Service 96; published 6-25-96 animal feeds, and raw Television broadcasting: Almonds grown in California; Air quality implementation agricultural commodities: comments due by 8-30-96; plans; approval and Acephate, etc.; comments Cable television systems-- published 7-31-96 promulgation; various due by 8-28-96; published Major television markets; Onions grown in-- States: 7-29-96 list; comments due by Idaho and Oregon; American Samoa et al.; Linuron; comments due by 8-26-96; published 7-2- comments due by 8-30- correction; comments due 8-26-96; published 6-26- 96 96; published 7-31-96 by 8-26-96; published 7- 96 FEDERAL MARITIME Potatoes (Irish) grown in-- 25-96 Superfund program: COMMISSION Idaho and Oregon; California; comments due by National oil and hazardous Ocean freight forwarders, comments due by 8-28- 8-26-96; published 7-25- substances contingency marine terminal operations, 96; published 7-29-96 96 plan-- and passenger vessels: Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 / Reader Aids v

Transportation Coastal dunes milk-vetch, identification; comments Lamps, reflective devices, nonperformance; financial etc. (five plants and lizard due by 8-26-96; published and associated responsibility from Monterey County, 6-26-96 equipment-- requirements; comments CA); comments due by 8- TRANSPORTATION Heavy truck conspicuity; due by 8-26-96; published 30-96; published 6-26-96 DEPARTMENT evaluation plan; 6-26-96 INTERIOR DEPARTMENT Federal regulatory review: comments due by 8-30- FEDERAL TRADE Endangered and threatened Classified information; 96; published 7-1-96 COMMISSION species: comments due by 8-30- Trade regulation rules: TRANSPORTATION Coastal dunes milkvetch, 96; published 7-1-96 DEPARTMENT Lubricating oil, previously etc. (five plants and lizard Freedom of Information Act; used; deceptive from Monterey County, implementation; comments Research and Special advertising and labeling; CA); comments due by 8- due by 8-26-96; published Programs Administration comments due by 8-26- 30-96; published 7-10-96 6-26-96 Pipeline safety: 96; published 7-26-96 INTERIOR DEPARTMENT TRANSPORTATION Natural gas distribution HEALTH AND HUMAN Surface Mining Reclamation DEPARTMENT systems; excess flow SERVICES DEPARTMENT and Enforcement Office Federal Aviation valve performance Food and Drug Permanent program and Administration standards; customer Administration abandoned mine land Airworthiness directives: notification; comments due Federal regulatory review: reclamation plan de Havilland; comments due by 8-26-96; published 6- Food and cosmetic labeling; submissions: by 8-26-96; published 7- 27-96 comments due by 8-26- Illinois; comments due by 8- 16-96 TREASURY DEPARTMENT 96; published 6-12-96 29-96; published 7-30-96 Aviat Aircraft Inc.; comments Human drugs: JUSTICE DEPARTMENT due by 8-30-96; published Fiscal Service New drugs; list Immigration and 7-9-96 Treasury certificates of consolidation; Federal Naturalization Service Boeing; comments due by indebtedness, notes, and regulatory review; Immigration: 8-27-96; published 8-12- bonds; State and local comments due by 8-27- Immigration petitions-- 96 government series; 96; published 6-11-96 Jetstream; comments due comments due by 8-26-96; Priority dates for Medical devices: by 8-27-96; published 6- published 7-26-96 employment-based Hematology and pathology 28-96 petitions; comments due TREASURY DEPARTMENT devices-- Short Brothers; comments by 8-26-96; published Internal Revenue Service Immunohistochemistry 6-27-96 due by 8-29-96; published reagents and kits; 7-12-96 Income taxes: classification and PERSONNEL MANAGEMENT OFFICE Shorts; comments due by 8- Low income housing credit; reclassification; 29-96; published 7-12-96 Administrative law judge available unit rule; comments due by 8-30- Class D airspace; comments examination; funding; comments due by 8-28- 96; published 6-14-96 due by 8-26-96; published comments due by 8-28-96; 96; published 5-30-96 Humanitarian use devices; 7-17-96 published 7-29-96 comments due by 8-26- Class E airspace; comments TREASURY DEPARTMENT 96; published 6-26-96 STATE DEPARTMENT due by 8-26-96; published Thrift Supervision Office INTERIOR DEPARTMENT Visas; nonimmigrant 7-10-96 documentation: Corporate governance; Federal Indian Affairs Bureau TRANSPORTATION Visa waiver pilot program-- regulatory review; comments Human services: DEPARTMENT due by 8-26-96; published Social welfare arrangements Australia; comments due National Highway Traffic 6-25-96 with States or other by 8-28-96; published Safety Administration 7-29-96 VETERANS AFFAIRS agencies; comments due Motor vehicle safety DEPARTMENT by 8-30-96; published 7-1- TRANSPORTATION standards: 96 DEPARTMENT Air brake systems-- Practice and procedure: INTERIOR DEPARTMENT Coast Guard Long-stroke brake Rulemaking notice-and- Fish and Wildlife Service Regattas and marine parades: chambers; comments comment provisions; Endangered and threatened Events requiring permits, due by 8-26-96; comments due by 8-30- species: written notices, or neither; published 7-11-96 96; published 7-1-96