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Pages 54927±55078 Vol. 61 10±23±96 No. 206 federal register October 23,1996 Wednesday 1 II Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996

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2 III

Contents Federal Register Vol. 61, No. 206

Wednesday, October 23, 1996

Alcohol, Tobacco and Firearms Bureau NOTICES RULES Agency information collection activities: Federal claims collection: Submission for OMB review; comment request, 54997– Alcoholic Beverage Labeling Act; civil monetary 54998 penalties, 54935–54936 Reporting and recordkeeping requirements, 54998–54999

Centers for Disease Control and Prevention Executive Office of the President NOTICES See Presidential Documents Meetings: See Trade Representative, Office of United States Energy-Related Epidemiologic Research Advisory Federal Aviation Administration Committee, 55001–55002 RULES Class E airspace, 54933 Commerce Department VOR Federal airways, 54933–54935 See National Oceanic and Atmospheric Administration PROPOSED RULES Airworthiness directives: Committee for the Implementation of Textile Agreements Airbus, 54955–54965 NOTICES Beech, 54965–54967 Cotton, wool, and man-made textiles: Construcciones Aeronauticas, S.A., 54958–54960 Fiji, 54985–54986 Jetstream, 54967–54969 Mauritius, 54986 McDonnell Douglas, 54963, 54969–54972 Mexico, 54986–54987 NOTICES Poland, 54987–54988 Meetings: Slovak Republic, 54988 Aviation Rulemaking Advisory Committee, 55066–55067 Turkey, 54988–54990 Federal Communications Commission Defense Department RULES NOTICES Common carrier services: Agency information collection activities: Terminal equipment, connection to telephone network— Submission for OMB review; comment request, 54990 End-to-end digital connectivity for consumers; correction, 54953 Education Department Radio broadcasting: NOTICES Emergency Alert System (EAS); clarification; correction, Meetings: 54952–54953 National Assessment Governing Board, 54990–54991 PROPOSED RULES Common carrier services: Interstate operator services calls from payphones, other Employment and Training Administration away-from-home aggregator locations, and collect NOTICES calls from prison inmates; charges, 54979–54980 Agency information collection activities: Radio services, special Proposed collection; comment request, 55016–55017 Private land mobile services— Public safety wireless communications equipment; Energy Department standards developed by non-accredited standard- See Federal Energy Regulatory Commission setting organizations, 54980–54981 NOTICES Environmental Protection Agency Reporting and recordkeeping requirements, 54999–55000 RULES Air quality implementation plans; approval and Federal Energy Regulatory Commission promulgation; various States: NOTICES California, 54941–54943 Electric rate and corporate regulation filings: Montana, 54946–54948 Niagara Mohawk Power Corp. et al., 54994–54997 New Jersey et al., 54948–54950 Environmental statements; availability, etc.: Tennessee, 54943–54946 Southern Natural Gas Co., 54997 Hazardous waste program authorizations: Summerville, WV, 54997 Ohio, 54950–54952 Applications, hearings, determinations, etc.: PROPOSED RULES AEP Resources International, Ltd., 54991 Air quality implementation plans; approval and AEP Resources Project Management Co., Ltd., 54991 promulgation; various States: ANR Pipeline Co., 54991–54992 Arizona, 54972–54975 Distrigas of Massachusetts Corp., 54992 California, 54975–54976 Dow Interstate Gas Co., 54992 Montana, 54976 Enserco Energy, Inc., 54992 New Jersey et al., 54976–54977 Northern Natural Gas Co., 54993 IV Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Contents

Questar Pipeline Co., 54993 International Trade Commission Viking Gas Transmission Co., 54994 NOTICES Williams Natural Gas Co., 54994 Meetings; Sunshine Act, 55015

Federal Maritime Commission Labor Department NOTICES See Employment and Training Administration Meetings; Sunshine Act, 55000 See Pension and Welfare Benefits Administration NOTICES Federal Reserve System Agency information collection activities: NOTICES Submission for OMB review; comment request, 55015– Banks and bank holding companies: 55016 Change in bank control, 55000 Formations, acquisitions, and mergers, 55000–55001 Land Management Bureau Permissible nonbanking activities, 55001 PROPOSED RULES Land resource management: Fish and Wildlife Service Withdrawals— NOTICES Alaska; National Petroleum Reserve, 54977–54978 Endangered and threatened species permit applications, Maritime Administration 55012–55013 NOTICES Environmental statements; availability, etc.: Agency information collection activities: Incidental take permits— Proposed collection; comment request, 55067 Travis County, TX; golden-cheeked warbler, 55013– Mortgagees and trustees; applicants approval, disapproval, 55014 etc.: Foreign Assets Control Office CoreStates Bank N.A., 55067 RULES Wells Fargo Bank, National Association, 55067 Foreign assets control regulations: National Archives and Records Administration Debt Collection Improvement Act of 1996; NOTICES implementation— Agency records schedules; availability, 55017–55018 Cuban and Iranian assets control regulations, Iranian transactions regulations, Libyan and Iraqi sanctions National Credit Union Administration regulations, etc., 54936–54941 NOTICES Agency information collection activities: Geological Survey Proposed collection; comment request, 55018–55019 NOTICES Meetings: National Highway Traffic Safety Administration Earth Observing System Land Processes Distributed PROPOSED RULES Active Archive Center Science Advisory Panel, Motor vehicle safety sandards: 55014 Lamps, reflective devices, and associated equipment— Upper beam headlamps intensity increase from 75,000 Health and Human Services Department to 140,000 cd; petition denied, 54981–54982 See Centers for Disease Control and Prevention NOTICES See Health Care Financing Administration Agency information collection activities: NOTICES Proposed collection; comment request, 55067–55069 Committees; establishment, renewal, termination, etc.: Blood Safety and Availability Advisory Committee, 55074 National Institute for Literacy NOTICES Health Care Financing Administration Grants and cooperative agreements; availability, etc.: NOTICES Adult learning system reform and improvement— Medicare: Equipped for the future adult literacy standards, Monthly actuarial rates and supplementary medical 55019–55025 insurance premium rates (1997 CY), 55002–55009 Meetings: Advisory Board, 55025 Housing and Urban Development Department NOTICES National Oceanic and Atmospheric Administration Grant and cooperative agreement awards: RULES Housing opportunities for persons with AIDS program, Fishery conservation and management: 55009–55010 Alaska; fisheries of Exclusive Economic Zone— Public and Indian housing— Pollock, 54953 Traditional Indian housing development program, Scallop; correction, 54953–54954 55010–55012 NOTICES Self-help homeownership opportunity program, 55012 Coastal zone management programs and estuarine sanctuaries: Interior Department State programs— See Fish and Wildlife Service Intent to evaluate performance, 54983 See Geological Survey Marine mammals: See Land Management Bureau Incidental taking; authorization letters, etc.— See Reclamation Bureau Unocal Corp., 54983–54984 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Contents V

Meetings: Applications, hearings, determinations, etc.: Gulf of Mexico Fishery Management Council, 54984– Reliv’ International, Inc., 55057 54985 Tasty Baking Co., 55057–55058 Western Pacific Fishery Management Council, 54985 Surface Transportation Board Nuclear Regulatory Commission NOTICES NOTICES Civil monetary penalties; inflation adjustment, 55070– Agency information collection activities: 55071 Submission for OMB review; comment request, 55025– 55026 Textile Agreements Implementation Committee Operating licenses, amendments; no significant hazards considerations; biweekly notices, 55028–55049 See Committee for the Implementation of Textile Petitions; Director’s decisions: Agreements Cleveland Public Power, 55049–55053 Reports; availability, etc.: Thrift Supervision Office Portable gauge licenses; program-specific guidance; NOTICES correctiom, 55053 Applications, hearings, determinations, etc.: Applications, hearings, determinations, etc.: Preferred Savings Bank, 55071 Tennessee Valley Authority, 55026–55028 Trade Representative, Office of United States Office of United States Trade Representative NOTICES See Trade Representative, Office of United States Australia: Subsidies affecting leather; investigation and comment Pension and Welfare Benefits Administration request, 55063–55064 NOTICES Meetings: Meetings: Small and Minority Business Industry Sector Advisory Employee Welfare and Pension Benefit Plans Advisory Committee, 55064 Council, 55017 Transportation Department Postal Service See Federal Aviation Administration NOTICES See Maritime Administration Domestic Mail Manual: See National Highway Traffic Safety Administration Transition book; revision, 55053–55057 See Research and Special Programs Administration Presidential Documents See Surface Transportation Board NOTICES PROCLAMATIONS Agency information collection activities: Special observances: Submission for OMB review; comment request, 55064– Consumers Week, National (Proc. 6945), 55077–55078 55066 Forest Products Week, National (Proc. 6944), 54927– 54928 EXECUTIVE ORDERS Treasury Department Committees; establishment, renewal, termination, etc.: See Alcohol, Tobacco and Firearms Bureau Tribal Colleges and Universities, Presidential Board of See Foreign Assets Control Office Advisors on (EO 13021), 54929–54932 See Thrift Supervision Office

Public Health Service See Centers for Disease Control and Prevention Separate Parts In This Issue Reclamation Bureau NOTICES Part II Meetings: Health and Human Services Department, 55074 Bay-Delta Advisory Council, 55014–55015 Part III Research and Special Programs Administration The President, 55077–55078 NOTICES Meetings: Pipeline safety user fee assessment methodology, 55069 Reader Aids Toward a metric America; national metrication process; Additional information, including a list of public laws, dialogue open to public, 55069–55070 telephone numbers, reminders, and finding aids, appears in Securities and Exchange Commission the Reader Aids section at the end of this issue. NOTICES Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 55058–55059 Electronic Bulletin Board Government Securities Clearing Corp., 55059–55060 Free Electronic Bulletin Board service for Public Law National Securities Clearing Corp., 55060–55062 numbers, Federal Register finding aids, and a list of Options Clearing Corp., 55062 documents on public inspection is available on 202–275– Philadelphia Stock Exchange, Inc., 55062–55063 1538 or 275–0920. VI Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 6944...... 54927 6945...... 55077 Executive Orders: 13021...... 54929 14 CFR 71 (2 documents) ...... 54933 Proposed Rules: 39 (8 documents) ...... 54955, 54958, 54960, 54961, 54963, 54965, 54967, 54969 27 CFR 16...... 54935 31 CFR 500...... 54936 515...... 54936 535...... 54936 550...... 54936 560...... 54936 575...... 54936 585...... 54936 590...... 54936 595...... 54936 40 CFR 52 (4 documents) ...... 54941, 54943, 54946, 54948 271...... 54950 Proposed Rules: 52 (4 documents) ...... 54972, 54975, 54976 43 CFR Proposed Rules: 2360...... 54977 47 CFR 11...... 54952 68...... 54952 Proposed Rules: 64...... 54979 90...... 54980 49 CFR Proposed Rules: 571...... 54981 50 CFR 679 (2 documents) ...... 54953 54927

Federal Register Presidential Documents Vol. 61, No. 206

Wednesday, October 23, 1996

Title 3— Proclamation 6944 of October 21, 1996

The President National Forest Products Week, 1996

By the President of the United States of America

A Proclamation For much of our Nation’s history, forests, like other natural resources, were considered inexhaustible. In this century, we began to recognize that forests are a precious birthright for all Americans—not only for us and for our children, but also for future generations. As part of this recognition, we observe National Forest Products Week. Forests are an important source of fuel and building materials, and they provide many valuable jobs. They also offer us unmatched recreational environments, as well as a spiritual refuge from city life. They provide essential habitat for myriad species of plants and animals, including hundreds that are endangered or threatened. Increasingly, their trees, shrubs, herbs, fungi, and microorganisms are yielding new and wondrous medicinal products and foods. And thanks to better planning and resource management that replace harvested lands with new forests, thousands of Americans will continue to earn their livelihood from our Nation’s forests, even as we protect them. Today, the same citizens who are reaping the forests’ bounty are personally and professionally involved in efforts to preserve it for future generations. Government, citizens, and the forestry industry now work hand-in-hand in a new cooperative stewardship that emphasizes healthy, diverse, and sustainable forests. Using the best available science and complying with all current environmental laws, we are examining past and present forest management practices to find the best mix of resource use, conservation, and recycling that will ensure continued productivity. America must promote environmental responsibility and observe the highest possible standards of conservation to lead the way for other nations. One of our most important tools in this endeavor is investment in forest research. Forest research is developing new wood products that extend raw material supplies, new technologies to extract and process wood products with less waste and fewer harmful byproducts, and new ways of reducing demand for forest raw materials through recycling. It is also unlocking the potential of forests to provide new products that will benefit people. With proper care, these lands can remain healthy, diverse, and resilient, capable of sustaining the lives—human and animal—that are dependent on them. In recognition of the central role forests play in the long-term welfare of our Nation, the Congress, by Public Law 86-753 (36 U.S.C. 163), has designated the week beginning on the third Sunday in October each year as ‘‘National Forest Products Week’’ and has authorized and requested the President to issue a proclamation in observance of this commemoration. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, do hereby proclaim October 20 through October 26, 1996, as National Forest Products Week. I call upon the people of the United States to honor the vital role forests play in our national life and to observe this week with appropriate ceremonies and activities. 54928 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of October, in the year of our Lord nineteen hundred and ninety- six, and of the Independence of the United States of America the two hundred and twenty-first.

[FR Doc. 96–27351 œ– Filed 10–22–96; 8:45 am] Billing code 3195–01–P Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Presidential Documents 54929 Presidential Documents

Executive Order 13021 of October 19, 1996

Tribal Colleges and Universities

By the authority vested in me as President by the Constitution and laws of the United States of America, in reaffirmation of the special relationship of the Federal Government to American Indians and Alaska Natives, and, for the purposes of helping to: (a) ensure that tribal colleges and universities are more fully recognized as accredited institutions, have access to the opportunities afforded other institutions, and have Federal resources committed to them on a continuing basis; (b) establish a mechanism that will increase accessibility of Federal resources for tribal colleges and universities in tribal communities; (c) promote access to high-quality educational opportunity for economically disadvantaged students; (d) promote the preservation and the revitalization of American Indian and Alaska Native languages and cultural traditions; (e) explore innovative approaches to better link tribal colleges with early childhood, elementary, and secondary education programs; and (f) support the National Education Goals (20 U.S.C. 5812), it is hereby ordered as follows: Section 1. Definition of Tribal Colleges and Universities. Tribal colleges and universities (‘‘tribal colleges’’) are those institutions cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note), any other institution that qualifies for funding under the Tribally Controlled Community College Assistance Act of 1978, (25 U.S.C. 1801 et seq.), and Navajo Community College, authorized in the Navajo Community College Assistance Act of 1978, Public Law 95-471, title II (25 U.S.C. 640a note). Sec. 2. Board of Advisors. (a) Establishment. There shall be established in the Department of Education a Presidential advisory committee entitled the President’s Board of Advisors on Tribal Colleges and Universities (‘‘Board’’). Notwithstanding the provisions of any other Executive order, the responsibilities of the President under the Federal Advisory Committee Act, as amended (5 U.S.C. App.), with respect to the Board, shall be performed by the Secretary of Education (‘‘Secretary’’), in accordance with the guidelines and procedures established by the Administrator of General Services. (b) Composition. The Board shall consist of not more than 15 Members who shall be appointed by the President. The Board shall include representatives of tribal colleges. The Board may also include representatives of the higher, early childhood, elementary, and secondary education communities; tribal officials; health, business, and financial institutions; private foundations; and such other persons as the President deems appropriate. Members of the Board will serve terms of 2 years and may be reappointed to additional terms. A Member may continue to serve until his or her successor is appointed. In the event a Member fails to serve a full term, an individual appointed to replace that Member will serve the remainder of that term. All terms will expire upon the termination of the Board. (c) Role of Board. The Board shall provide advice regarding the progress made by Federal agencies toward fulfilling the purposes and objectives of this order. The Board shall also provide recommendations to the President and the Secretary at least annually on ways tribal colleges can: (1) utilize long-term development, endowment building, and master planning to strengthen institutional viability; 54930 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Presidential Documents

(2) utilize the Federal and private sector to improve financial management and security, obtain private sector funding support, and expand and com- plement Federal education initiatives; (3) develop institutional capacity through the use of new and emerging technologies offered by both the Federal and private sectors; (4) enhance physical infrastructure to facilitate more efficient operation and effective recruitment and retention of students and faculty; and (5) help achieve National Education Goals and meet other high standards of education accomplishment. (d) Scheduled Meetings. The Board shall meet at least annually to provide advice and consultation on tribal colleges and relevant Federal and private sector activities, and to transmit reports and present recommendations. Sec. 3. Office of White House Initiative. There shall be established in the Department of Education the White House Initiative on Tribal Colleges and Universities (‘‘Initiative’’). The Initiative shall be authorized to: (a) provide the staff support for the Board; (b) assist the Secretary in the role of liaison between the executive branch and tribal colleges; (c) serve the Secretary in carrying out the Secretary’s responsibilities under this order; and (d) utilize the services, personnel, information, and facilities of other Federal, State, tribal, and local agencies with their consent, and with or without reimbursement, consistent with applicable law. To the extent permitted by law and regulations, each Federal agency shall cooperate in providing resources, including personnel detailed to the Initiative, to meet the objectives of the order. Sec. 4. Department and Agency Participation. Each participating executive department and agency (hereinafter collectively referred to as ‘‘agency’’), as determined by the Secretary, shall appoint a senior official, who is a full-time officer of the Federal Government and who is responsible for management or program administration, to serve as liaison to the White House Initiative. The official shall report directly to the agency head, or agency representative, on agency activity under this order and serve as liaison to the White House Initiative. To the extent permitted by law and regulation, each agency shall provide appropriate information in readily available formats requested by the White House Initiative staff pursuant to this order. Sec. 5. Five-Year Federal Plan. (a) Content. Each agency shall, in collaboration with tribal colleges, develop and document a Five-Year Plan of the agency’s efforts to fulfill the purpose of this order. These Five-Year Plans shall include annual performance indicators and appropriate measurable objectives for the agency. The plans shall address among other relevant issues: (1) barriers impeding the access of tribal colleges to funding opportunities and to participation in Federal programs, and ways to eliminate the barriers; (2) technical assistance and information that will be made available to tribal colleges regarding the program activities of the agency and the preparation of applications or proposals for grants, cooperative agreements, or contracts; and (3) an annual goal for agency funds to be awarded to tribally controlled colleges and universities in: (A) grants, cooperative agreements, contracts, and procurement; (B) related excess property-type acquisitions under various authorities such as section 923 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 2206a) and the Federal Property and Administrative Serv- ices Act of 1949, chapter 288, 63 Stat. 377 (codified as described at 40 U.S.C. 471 note); and Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Presidential Documents 54931

(C) the transfer of excess and surplus Federal computer equipment under Executive Order 12999. In developing the Five-Year Plans required by this order, agencies shall strive to include tribal colleges in all aspects and activities related to the attainment of the participation goals described in Executive Order 12928, ‘‘Promoting Procurement with Small Businesses Owned and Controlled by Socially and Economically Disadvantaged Individuals, Historically Black Col- leges and Universities, and Minority Institutions.’’ The Plans may also emphasize access to high-quality educational opportunity for economically disadvantaged Indian students; the preservation and revitalization of American Indian and Alaska Native languages and cultural traditions; innovative approaches to better link tribal colleges with early childhood, elementary, and secondary education programs; and the National Education Goals. (b) Submission. Each agency shall submit its Five-Year Plan to the White House Initiative Office. In consultation with the Board, the White House Initiative Office shall then review these Five-Year Plans and develop an integrated Five-Year Plan for Assistance to Tribal Colleges, which the Sec- retary shall review and submit to the President. The Five-Year Plan for Assistance to Tribal Colleges may be revised within the 5-year period. (c) Annual Performance Reports. Each agency shall submit to the White House Initiative Office an Annual Performance Report that shall measure each agency’s performance against the objectives set forth in its Five-Year Plan. In consultation with the Board, the White House Initiative Office shall review and combine Annual Performance Reports into one annual report, which shall be submitted to the Secretary for review, in consultation with the Office of Management and Budget. Sec. 6. Private Sector. In cooperation with the Board, the White House Initiative Office shall encourage the private sector to assist tribal colleges through increased use of such strategies as: (a) matching funds to support increased endowments; (b) developing expertise and more effective ways to manage finance, improve information systems, build facilities, and improve course offerings; and (c) increasing resources for and training of faculty. Sec. 7. Termination. The Board shall terminate 2 years after the date of this Executive order unless the Board is renewed by the President prior to the end of that 2-year period. Sec. 8. Administration. (a) Compensation. Members of the Board shall serve without compensation, but shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermit- tently in Government service (5 U.S.C. 5701-5707). (b) Funding. The Board and the Initiative shall be funded by the Department of Education. (c) Administrative Support. The Department of Education shall provide appropriate administrative services and staff support for the Board and the Initiative. With the consent of the Department of Education, other agencies participating in the Initiative shall provide administrative support to the White House Initiative Office consistent with statutory authority and shall make use of section 112 of title 3, United States Code, to detail agency employees to the extent permitted by law. The Board and the White House 54932 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Presidential Documents

Initiative Office shall have a core staff and shall be supported at appropriate levels. œ–

THE WHITE HOUSE, October 19, 1996. [FR Doc. 96–27352 Filed 10–22–96; 8:45 am] Billing code 3195–01–P 54933

Rules and Regulations Federal Register Vol. 61, No. 206

Wednesday, October 23, 1996

This section of the FEDERAL REGISTER The coordinates for this airspace § 71.1 [Amended] contains regulatory documents having general docket are based on North American 2. The incorporation by reference in applicability and legal effect, most of which Datum 83. Class E airspace areas 14 CFR 71.1 of Federal Aviation are keyed to and codified in the Code of designated as 700/1200 foot transition Administration Order 7400.9D, Airspace Federal Regulations, which is published under areas are published in Paragraph 6005 of Designations and Reporting Points, 50 titles pursuant to 44 U.S.C. 1510. Federal Aviation Administration Order dated September 4, 1996, and effective The Code of Federal Regulations is sold by 7400.9D, dated September 4, 1996, and September 16, 1996, is amended as the Superintendent of Documents. Prices of effective September 16, 1996, which are follows: new books are listed in the first FEDERAL incorporated by reference in 14 CFR * * * * * REGISTER issue of each week. 71.1 (61 FR 48403; September 13, 1996). The Class E airspace designations listed Paragraph 6005 Class E airspace extending upward from 700 feet or more above the in this document will be published surface of the earth. DEPARTMENT OF TRANSPORTATION subsequently in the Order. * * * * * The Rule Federal Aviation Administration AAL AK E5 Aniak, AK [Revised] This amendment to part 71 of the 14 CFR Part 71 Aniak Airport, AK Federal Aviation Regulations (14 CFR (Lat. 61°34′53′′ N, long. 159°32′35′′ W) [Airspace Docket No. 96±AAL±19] part 71) establishes Class E airspace Aniak NDB located at Aniak, AK, to provide (Lat. 61°35′25′′ N, long. 159°35′52′′ W) Revision of Class E Airspace; Aniak, Aniak Localizer controlled airspace extending upward ° ′ ′′ ° ′ ′′ AK from 700 feet AGL for aircraft executing (Lat. 61 34 36 N, long. 159 31 32 W) instrument landing and departing That airspace extending upward from 700 AGENCY: Federal Aviation procedures. feet above the surface within a 6.5-mile Administration (FAA), DOT. radius of the Aniak Airport and within 4 The Federal Aviation Administration ACTION: Final rule. miles north and 8 miles south of the 265° has determined that these proposed bearing of the Aniak NDB to 16 miles west SUMMARY: This action revises Class E regulations only involve an established of the NDB and within 2.5 miles each side airspace at Aniak Airport, AK. The body of technical regulations for which of the Aniak NDB 113° bearing extending development of a Global Positioning frequent and routine amendments are from the 6.5-mile radius of the airport to 14.7 System (GPS) instrument approach to necessary to keep them operationally miles east of the airport and 4 miles each side current. It, therefore—(1) Is not a of the Aniak Localizer front course extending RWY 10 at Aniak, AK, has made this from the 6.5-mile radius of the airport to 14.8 action necessary. The intended effect of ‘‘significant regulatory action’’ under miles northwest of the airport; and that this action is to provide adequate Executive Order 12866; (2) is not a airspace extending upward from 1,200 feet controlled airspace for IFR operations at ‘‘significant rule’’ under DOT above the surface within 8 miles north and Aniak Airport, AK. Regulatory Policies and Procedures (44 4 miles south of the Aniak Localizer front EFFECTIVE DATE: 0901 UTC, January 30, FR 11034; February 26, 1979); and (3) course extending from the airport to 27 miles 1997. does not warrant preparation of a west of the airport and within 4 miles north and 8 miles south of the Aniak NDB 113° FOR FURTHER INFORMATION CONTACT: regulatory evaluation as the anticipated impact is so minimal. Since this is a bearing extending from 5.6 miles east of the Robert van Haastert, System airport to 21.6 miles east of the airport. routine matter that will only affect air Management Branch, AAL–538, Federal * * * * * Aviation Administration, 222 West 7th traffic procedures and air navigation, it is certified that this rule will not have Issued in Anchorage, AK, on October 15, Avenue, Box 14, Anchorage, AK 99513– 1996. a significant economic impact on a 7587; telephone number (907) 271– Willis C. Nelson, 5863. substantial number of small entities under the criteria of the Regulatory Manager, Air Traffic Division, Alaskan SUPPLEMENTARY INFORMATION: Flexibility Act. Region. [FR Doc. 96–27189 Filed 10–22–96; 8:45 pm] History List of Subjects in 14 CFR Part 71 BILLING CODE 4910±13±P On July 31, 1996, a proposal to amend Airspace, Incorporation by reference, part 71 of the Federal Aviation Navigation (air). Regulations (14 CFR part 71) to revise 14 CFR Part 71 Adoption of the Amendment the Class E airspace at Aniak was [Airspace Docket No. 94±ASW±14] published in the Federal Register (61 In consideration of the foregoing, the RIN 2120±AA66 FR 39919). The development of a GPS Federal Aviation Administration instrument approach procedure to RWY amends 14 CFR part 71 as follows: 10 at Aniak Airport, AK, has made this Alteration of VOR Federal Airways; Louisiana action necessary. PART 71Ð[AMENDED] Interested parties were invited to AGENCY: Federal Aviation participate in this rulemaking 1. The authority citation for 14 CFR Administration (FAA), DOT. proceeding by submitting written Part 71 continues to read as follows: ACTION: Final rule. comments on the proposal to the FAA. Authority: 49 U.S.C. 40103, 40113, 40120; No comments to the proposals were E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 SUMMARY: This rule realigns nine received, thus, the rule is adopted as Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Federal airways located in Louisiana. written. 11.69. The New Orleans Very High Frequency 54934 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations

Omnidirectional Range/Tactical Air Reserve, LA, VOR/DME and the Harvey, Montgomery, AL; Tuskegee, AL; Columbus, Navigation (VORTAC) will be LA, VORTAC will be upgraded and the GA; INT Columbus 068° and Athens, GA, decommissioned because the platform airways will be realigned using the 195° radials; Athens; Electric City, SC; on which it is located is deteriorating. navigational aids. This action enhances Sugarloaf Mountain, NC; Barretts Mountain, As a result, the Reserve, LA, Very High air traffic procedures and accommodates NC; South Boston, VA; Richmond, VA; INT Richmond 039° and Brooke, VA, 132° radials; Frequency Omnidirectional Range/ concerns of airspace users. INT Patuxent, MD, 228° and Nottingham, Distance Measuring Equipment (VOR/ The FAA has determined that this MD, 174° radials; to Nottingham. The DME) and the Harvey, LA, VORTAC regulation only involves an established airspace on the main airway above 14,000 will be upgraded and the airways will body of technical regulations for which feet MSL from McAllen to 49 miles northeast be realigned using these navigational frequent and routine amendments are and the airspace within Mexico is excluded. aids. necessary to keep them operationally The airspace within R–4007A and R–4007B EFFECTIVE DATE: 0901 UTC, December 5, current. It, therefore—(1) is not a is excluded. 1996. ‘‘significant regulatory action’’ under * * * * * Executive Order 12866; (2) is not a FOR FURTHER INFORMATION CONTACT: Bill V–114 [Revised] Nelson, Airspace and Rules Division, ‘‘significant rule’’ under DOT ATA–400, Office of Air Traffic Airspace Regulatory Policies and Procedures (44 From Amarillo, TX, via Childress, TX; FR 11034; February 26, 1979); and (3) Wichita Falls, TX; INT Wichita Falls 117° Management, Federal Aviation and Blue Ridge, TX, 285° radials; Blue Ridge; Administration, 800 Independence does not warrant preparation of a regulatory evaluation as the anticipated Quitman, TX; Gregg County, TX; Alexandria, Avenue, SW., Washington, DC 20591; LA; INT Baton Rouge, LA, 307° and impact is so minimal. Since this is a telephone: (202) 267–8783. Lafayette, LA, 042° radials; 7 miles wide (3 routine matter that will only affect air miles north and 4 miles south of centerline); SUPPLEMENTARY INFORMATION: traffic procedures and air navigation, it Baton Rouge; INT Baton Rouge 112° and History is certified that this rule will not have Reserve, LA, 323° radials; Reserve; INT a significant economic impact on a ° ° On February 2, 1995, the FAA Reserve 084 and Gulfport, MS, 247 radials; substantial number of small entities Gulfport; INT Gulfport 344° and Eaton, MS, proposed to amend Title 14 of the Code under the criteria of the Regulatory 171° radials; to Eaton, excluding the portion of Federal Regulations part 71 (14 CFR Flexibility Act. within R–3801B and R–3801C. part 71) to realign nine Federal airways * * * * * located in Louisiana (60 FR 6462). List of Subjects in 14 CFR Part 71 Interested parties were invited to Airspace, Incorporation by reference, V–240 [Revised] participate in this rulemaking Navigation (air). From Harvey, LA, via Harvey 065° and proceeding by submitting written Semmes, AL, 224° radials; to Semmes. Adoption of the Amendment comments on the proposal to the FAA. * * * * * No comments were received. Except for In consideration of the foregoing, the editorial changes, a radial change in V– Federal Aviation Administration V–455 [Revised] 20 from ‘‘083°’’ to ‘‘084°’’; radial amends 14 CFR part 71 as follows: From Reserve, LA, via Picayune, MS; changes in V–114 from ‘‘083°’’ to ‘‘084°’’ Eaton, MS; to Meridian, MS. and from ‘‘115°’’ to ‘‘112°’’; and the § 71.1 [Amended] * * * * * 2. The incorporation by reference in amendment to V–114 that was V–543 [Revised] published in the Federal Register on 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9D, Airspace From Leeville, LA, via INT Leeville 356° July 3, 1996, Airspace Docket (ASD) No. ° Designations and Reporting Points, and Eaton, MS, 221 radials; Eaton; INT 93–ASW–4 (61 FR 34722) with an ° ° dated September 4, 1996, and effective Eaton 010 and Meridian, MS, 221 radials; effective date of October 10, 1996, that Meridian. supported the Dallas/Fort Worth September 16, 1996, is amended as Metroplex Plan but did not alter V–114 follows: * * * * * in the state of Louisiana; an amendment Paragraph 6010(a)—Domestic VOR Federal V–552 [Revised] to V–566 that was published in the Airways From Beaumont, TX, via INT Beaumont Federal Register on October 20, 1994, * * * * * 056° and Lake Charles, LA, 272° radials; Lake ASD No. 94–ASW–9 (59 FR 52895) with Charles; INT Lake Charles 064° and Lafayette, an effective date of December 8, 1994, V–9 [Revised] LA, 281° radials; Lafayette; Tibby, LA; that changed the name ‘‘Shreveport to From Leeville, LA; McComb, MS; Jackson, Harvey, LA; Picayune, MS; Semmes, AL; INT ‘‘Belcher’’; this amendment is the same MS; Sidon, MS; Gilmore, AR; Malden, MO; Semmes 063° and Monroeville, AL, 216° Farmington, MO; St. Louis, MO; Capital, IL; radials; to Monroeville. as that proposed in the notice. Domestic ° Pontiac, IL; INT Pontiac 343 and Rockford, * * * * * VOR Federal airways are published in IL, 169° radials; Rockford; Janesville, WI; paragraph 6010(a) of FAA Order Madison, WI; Oshkosh, WI; Green Bay, WI; V–555 [Revised] 7400.9D dated September 4, 1996, and Iron Mountain, MI; to Houghton, MI. From Picayune, MS, via McComb, MS; INT effective September 16, 1996, which is * * * * * McComb 019° and Jackson, MS, 169° radials; incorporated by reference in 14 CFR Jackson; INT Jackson 010° and Sidon, MS, V–20 [Revised] 71.1. The airways listed in this 159° radials; to Sidon. From McAllen, TX, via INT McAllen 038° document will be published * * * * * subsequently in the Order. and Corpus Christi, TX, 178° radials; 10 miles 8 miles wide, 37 miles 7 miles wide V–566 [Revised] The Rule (3 miles E and 4 miles W of centerline), From Gregg County, TX, via Belcher, LA; Corpus Christi; INT Corpus Christi 054° and This amendment to 14 CFR part 71 INT Belcher 176° and Alexandria, LA, 302° Palacios, TX, 226° radials; Palacios; Hobby, realigns nine Federal airways located in radials; Alexandria; INT Alexandria 109° and TX; Beaumont, TX; Lake Charles, LA; ° Louisiana. The New Orleans, LA, Lafayette, LA; Reserve, LA; INT Reserve 084° Reserve, LA, 323 radials; to Reserve; VORTAC will be decommissioned and Gulfport, MS, 247° radials; Gulfport; excluding the portion within R–3801B and because the platform on which it is Semmes, AL; INT Semmes 048° and R–3801C. located is deteriorating. As a result, the Monroeville, AL, 231° radials; Monroeville; * * * * * Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations 54935

Issued in Washington, DC, on October 16, assessed or enforced pursuant to an Government Warning: (1) According to the 1996 administrative proceeding or a civil Surgeon General, women should not drink Jeff Griffith, action in the Federal courts. The alcoholic beverages during pregnancy Program Director for Air Traffic Airspace purpose of the law is to provide more because of the risk of birth defects. (2) Management. Consumption of alcoholic beverages impairs effective tools for collections of your ability to drive a car or operate [FR Doc. 96–27182 Filed 10–22–96; 8:45 am] delinquent debts owed to the machinery, and may cause health problems. BILLING CODE 4910±13±P Government. See 27 U.S.C. 215. The health warning The amendment to the Act requires statement requirement applies to that the head of each Federal agency alcoholic beverages bottled on or after DEPARTMENT OF THE TREASURY shall, not later than 180 days after the November 18, 1989. date of enactment of the Debt Collection Section 207 of the ABLA, 27 U.S.C. 27 CFR Part 16 Improvement Act of 1996, and at least 218, provides that any person who once every 4 years thereafter, adjust [T.D. ATF±385] violates the provisions of the ABLA is each civil monetary penalty provided by subject to a civil penalty of not more RIN 1512±AB62 law within the jurisdiction of the than $10,000, with each day respective agency by the inflation constituting a separate offense. Implementation of the Debt Collection adjustment described under section 5 of Improvement Act of 1996 (Public Law the Act. The adjustment of the civil Civil Monetary Penalty Inflation 104±134) With Respect to the Civil monetary penalty must be done by Adjustment for Non-Compliance With Penalties Provision of the Alcoholic regulation and published in the Federal the ABLA Beverage Labeling Act of 1988 (96R± Register. The first inflation adjustment 023P) The Act provides that the inflation is required by October 23, 1996, 180 adjustment will be determined by AGENCY: Bureau of Alcohol, Tobacco days after the date of enactment of the increasing the maximum civil monetary and Firearms (ATF), Department of the Debt Collection Improvement Act of penalty by the cost-of-living adjustment. Treasury. 1996. The ‘‘cost-of-living’’ adjustment is the ACTION: Final rule, Treasury decision. Any increase in a civil monetary percentage by which the consumer price penalty made pursuant to the index for all-urban consumers (CPI) for SUMMARY: This final rule implements amendment will apply only to the month of June of the calendar year the provisions of the Debt Collection violations which occur after the date the preceding the adjustment exceeds the Improvement Act of 1996 with respect increase takes effect. The amendment CPI for the month of June of the to the civil penalties provision of the also provides that the first adjustment of calendar year in which the amount of Alcoholic Beverage Labeling Act of 1988 a penalty made pursuant to the such civil monetary penalty was last set (ABLA). This regulation implements the amendment may not exceed 10 percent or adjusted pursuant to law. Any statute by increasing the maximum civil of such penalty. increase determined under section 5 of monetary penalty from $10,000 to Certain civil monetary penalties are the Act must be rounded in accordance $11,000 for violations of the provisions excluded from the mandatory inflation with the provisions of that section, of the ABLA. adjustment. The statute specifically which provides that for penalties less EFFECTIVE DATE: The effective date of provides that the inflation adjustment than or equal to $10,000, the increase this final rule is October 23, 1996. does not apply to penalties under the shall be rounded to the nearest multiple FOR FURTHER INFORMATION CONTACT: Internal Revenue Code of 1986, the of $1,000. James P. Ficaretta, Wine, Beer and Tariff Act of 1930, the Occupational Since the ABLA was enacted in 1988, Spirits Regulations Branch, Bureau of Safety and Health Act of 1970, and the the inflation adjustment is achieved by Alcohol, Tobacco and Firearms, 650 Social Security Act. Most of the civil calculating the percentage by which the Massachusetts Avenue, NW., monetary penalties administered by CPI for June of 1995 (456.7) exceeds the Washington, DC 20226 (202–927–8230). ATF are imposed by the Internal CPI for June of 1988 (353.5). This results Revenue Code of 1986, and are thus not in an inflation factor of approximately SUPPLEMENTARY INFORMATION: subject to the inflation adjustment 1.29. Thus, the maximum penalty Background mandated by the Act. Accordingly, the amount after increase and rounding only civil monetary penalty enforced by would be $13,000. However, the Debt Debt Collection Improvement Act of ATF which is subject to the inflation Collection Improvement Act of 1996 1996 adjustment is the civil monetary penalty provides that the first adjustment of a The Debt Collection Improvement Act imposed by the Alcoholic Beverage civil monetary penalty may not exceed of 1996 (Pub. L. 104–134, § 31001(s), Labeling Act (ABLA), 27 U.S.C. 218. 10 percent of such penalty. Accordingly, 110 Stat. 1321–358, 1321–373), enacted Alcoholic Beverage Labeling Act the regulations in Part 16 are amended on April 26, 1996, amended the Federal to provide that the maximum penalty Civil Penalties Inflation Adjustment Act On November 18, 1988, the Alcoholic amount for violations of the ABLA is of 1990 (Pub. L. 101–410, 104 Stat. 890, Beverage Labeling Act of 1988, Title VIII $11,000 ($10,000×10%=$1,000; hereinafter ‘‘the Act’’), 28 U.S.C. 2461 of the Anti-Drug Abuse Act of 1988, was $10,000×$1,000=$11,000). note, by requiring the inflation enacted. The law requires that the The regulations in 27 CFR Part 16 adjustment of civil monetary penalties. following health warning statement implement the statutory requirement for A ‘‘civil monetary penalty’’ is defined in appear on the labels of all containers of a health warning statement under the the Act as any penalty, fine or other alcoholic beverages sold or distributed ABLA; however, the current regulations such sanction that (1) is for a specific in the United States, as well as on do not specifically reference the penalty monetary amount as provided by containers of alcoholic beverages that imposed by 27 U.S.C. 218. ATF is Federal law, or has a maximum amount are sold, distributed, or shipped to accordingly amending the regulations to provided for by Federal law; (2) is members or units of the U.S. Armed include a new section 16.33 which will assessed or enforced by an agency Forces, including those located outside set forth the $10,000 penalty imposed pursuant to Federal law; and, (3) is the United States: by the ABLA. The new regulation will 54936 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations also explain that this civil penalty shall Authority: 27 U.S.C. 205, 215, 218; 28 of Yugoslavia (Serbia and Montenegro) be periodically adjusted for inflation in U.S.C. 2461 note. and Bosnian Serb-Controlled Areas of accordance with the provisions of the Par. 2. Section 16.33 is added to the Republic of Bosnia and Herzegovina Federal Civil Penalties Inflation Subpart D to read as follows: Sanctions Regulations, UNITA (Angola) Adjustment Act of 1990. Finally, the Sanctions Regulations, and Terrorism regulation shall state that for violations § 16.33 Civil penalties. Sanctions Regulations (collectively, the occurring after October 23, 1996, the (a) General. Any person who violates ‘‘Regulations’’) to implement section 4 civil penalty shall be not more than the provisions of this part shall be of the Federal Civil Penalties Inflation $11,000 for each offense. subject to a civil penalty of not more Adjustment Act of 1990, as amended by than $10,000, and each day shall Executive Order 12866 the Debt Collection Improvement Act of constitute a separate offense. 1996, by adjusting for inflation the It has been determined that this final (b) Adjusted penalty for violations amount of the civil monetary penalties rule is not a significant regulatory action occurring after October 23, 1996. that may be assessed under the as defined in E.O. 12866, because any Pursuant to the provisions of the Regulations. The rule also amends the economic effects flow directly from the Federal Civil Penalties Inflation penalty provisions of the Regulations to underlying statute and not from this Adjustment Act of 1990, as amended, reflect a 1994 amendment to 18 U.S.C. final rule. Therefore, a regulatory the civil penalty provided for in 1001. Certain of the Regulations are also assessment is not required. paragraph (a) of this section shall be amended to note the availability of periodically adjusted in accordance Administrative Procedure Act higher criminal fines under 18 U.S.C. with inflation. Accordingly, for 3571. Because this document merely violations occurring after October 23, implements the law and because 1996, the civil penalty shall be not more EFFECTIVE DATE: October 21, 1996. immediate guidance is necessary to than $11,000. FOR FURTHER INFORMATION CONTACT: Mrs. implement the provisions of the law, it Signed: September 25, 1996. B.S. Scott, Chief, Civil Penalties is found to be impracticable to issue this Program (tel.: 202/622–6140); or Treasury decision with notice and John W. Magaw, Director. William B. Hoffman, Chief Counsel (tel.: public procedure under 5 U.S.C. 553(b), 202/622–2410), Office of Foreign Assets or subject to the effective date limitation Approved: October 3, 1996. Control, Department of the Treasury, in section 553(d). Timothy E. Skud, Washington, DC 20220. Regulatory Flexibility Act Acting Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement). SUPPLEMENTARY INFORMATION: The provisions of the Regulatory [FR Doc. 96–27083 Filed 10–22–96; 8:45 am] Electronic and Facsimile Availability Flexibility Act relating to an initial and BILLING CODE 4810±31±P final regulatory flexibility analysis (5 This document is available as an U.S.C. 603, 604) are not applicable to electronic file on The Federal Bulletin this final rule because the agency was Office of Foreign Assets Control Board the day of publication in the not required to publish a notice of Federal Register. By modem, dial 202/ proposed rulemaking under 5 U.S.C. 31 CFR Parts 500, 515, 535, 550, 560, 512–1387 and type ‘‘/GO FAC,’’ or call 553 or any other law. Accordingly, a 575, 585, 590 and 595 202/512–1530 for disk or paper copies. regulatory flexibility analysis is not This file is available for downloading required. Foreign Assets Control Regulations, without charge in WordPerfect 5.1, Cuban Assets Control Regulations, TM Paperwork Reduction Act ASCII, and Adobe Acrobat readable Iranian Assets Control Regulations, (*.PDF) formats. For Internet access, the The provisions of the Paperwork Libyan Sanctions Regulations, Iranian address for use with the World Wide Reduction Act of 1995, Pub. L. 104–13, Transactions Regulations, Iraqi Web (Home Page), Telnet, or FTP 44 U.S.C. Chapter 35, and its Sanctions Regulations; Federal protocol is: fedbbs.access.gpo.gov. The implementing regulations, 5 CFR Part Republic of Yugoslavia (Serbia and document is also accessible for 1320, do not apply to this final rule Montenegro) and Bosnian Serb- downloading in ASCII format without because no requirement to collect Controlled Areas of the Republic of charge from Treasury’s Electronic information is imposed. Bosnia and Herzegovina Sanctions Library (‘‘TEL’’) in the ‘‘Business, Trade Regulations, UNITA (Angola) Drafting Information and Labor Mall’’ of the FedWorld Sanctions Regulations, Terrorism bulletin board. By modem, dial 703/ The author of this document is James Sanctions Regulations; 321–3339, and select the appropriate P. Ficaretta, Wine, Beer and Spirits Implementation of Section 4 of the self-expanding file in TEL. For Internet Regulations Branch, Bureau of Alcohol, Federal Civil Penalties Inflation access, use one of the following Tobacco and Firearms. Adjustment Act of 1990, as Amended protocols: Telnet=fedworld.gov List of Subjects in 27 CFR Part 16 by the Debt Collection Improvement (192.239.93.3); World Wide Web (Home Act of 1996 Beer, Consumer protection, Customs Page) = http://www.fedworld.gov; FTP duties and inspection, Health, Imports, AGENCY: Office of Foreign Assets = ftp.fedworld.gov (192.239.92.205). Labeling, Liquors, Packaging and Control, Treasury. Additional information concerning the containers, Safety, and Wine. ACTION: Final rule; amendments. programs of the Office of Foreign Assets Control is available for downloading Authority and Issuance SUMMARY: This final rule amends the from the Office’s Internet Home Page: 27 CFR Part 16—ALCOHOLIC Foreign Assets Control Regulations, http://www.ustreas.gov/treasury/ BEVERAGE HEALTH WARNING Cuban Assets Control Regulations, services/fac/fac.html, or in fax form STATEMENT is amended as follows: Iranian Assets Control Regulations, through the Office’s 24-hour fax-on- Paragraph 1. The authority citation Libyan Sanctions Regulations, Iranian demand service: call 202/622–0077 for 27 CFR Part 16 is revised to read as Transactions Regulations, Iraqi using a fax machine, fax modem, or follows: Sanctions Regulations, Federal Republic touch tone telephone. Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations 54937

Background increase the CMP under IEEPA by 31 CFR Part 535 Section 4 of the Federal Civil 151.2%, exceeding the DCIA’s 10% cap. Administrative practice and Penalties Inflation Adjustment Act of The adjustment is limited to $1,000. procedure, Banks, banking, Blocking of 1990 (Pub. L. 101–410, 104 Stat. 890, 28 Thus, this rule fixes the maximum assets, Currency, Foreign investment in U.S.C. 2461 note), as amended by the IEEPA-based CMP per violation at the United States, Iran, Penalties, Debt Collection Improvement Act of $11,000. Reporting and recordkeeping 1996 (Pub.L. 104–134, sec. 31001(s)(1), The CMP amount of $250,000 under requirements, Securities, Terrorism. Apr. 26, 1996, 110 Stat. 1321–373—the the ISA was set in 1990. The CPI inflator 31 CFR Part 550 ‘‘DCIA’’) (jointly, the ‘‘FCPIA’’), requires under the FCPIA (17.4%) again exceeds each Federal agency with statutory the DCIA 10% cap of $25,000. Thus, Administrative practice and authority to assess civil monetary this rule amends the maximum ISA- procedure, Banks, banking, Blocking of penalties (‘‘CMPs’’) to adjust CMPs for based CMP per violation to be $275,000. assets, Exports, Foreign investment, inflation according to a formula This rule also amends the penalty Foreign trade, Government of Libya, described in section 5 of the FCPIA. The provisions of the Regulations to reflect Imports, Libya, Loans, Penalties, purpose of the FCPIA is to maintain the an amendment to 18 U.S.C. 1001 Reporting and recordkeeping deterrent effect of CMPs through contained in section 330016(1)(L) of requirements, Securities, Services, periodic cost-of-living based Public Law 103–322, Sept. 13, 1994, 108 Specially designated nationals, adjustments. The first inflation Stat. 2147. The amendment strikes the Terrorism, Travel restrictions. adjustment is required by October 23, $10,000 cap on fines imposed for 31 CFR Part 560 1996—180 days after the enactment of fraudulent dealing with Federal the DCIA. Thereafter, agencies are to agencies. Finally, this rule amends the Administrative practice and make inflation adjustments at least once Regulations to note the availability of procedure, Agriculture commodities, every four years. Adjustments of CMPs higher criminal fines pursuant to the Banking and finance, Exports, Foreign are to be made by regulation published formulas set forth in 18 U.S.C. 3571. trade, Imports, Information, Investments, Iran, Loans, Penalties, in the Federal Register. Any increase in Since the Regulations involve a Reporting and recordkeeping a CMP made pursuant to the FCPIA foreign affairs function, Executive Order requirements, Services, Specially applies only to violations that occur 12886 and the provisions of the designated nationals, Terrorism, after the date the increase takes effect. Administrative Procedure Act (5 U.S.C. Transportation. Section 5 of the FCPIA requires that 553), requiring notice of proposed each CMP having a specified or rulemaking, opportunity for public 31 CFR Part 575 maximum monetary amount provided participation, and delay in effective Administrative practice and for by Federal law be increased by the date, are inapplicable. Because no procedure, Banks, banking, Blocking of percentage by which the Consumer notice of proposed rulemaking is assets, Exports, Foreign trade, Price Index for all urban consumers (the required for this rule, the Regulatory Humanitarian aid, Imports, Iraq, Oil ‘‘CPI’’) for the month of June of the Flexibility Act (5 U.S.C. 601–612) does imports, Penalties, Petroleum, calendar year preceding the adjustment not apply. Petroleum products, Reporting and exceeds the CPI for the month of June This rule contains no collection of recordkeeping requirements, Specially of the calendar year in which the information. designated nationals, Terrorism, Travel amount of the CMP was last set or restrictions. adjusted pursuant to law. Section 5 also List of Subjects provides a formula for rounding the 31 CFR Part 500 31 CFR Part 585 final CMP amount. Finally, section Administrative practice and 31001(s)(2) of the DCIA mandates that Administrative practice and procedure, Banking and finance, the first inflation adjustment of a CMP procedure, Banks, banking, Blocking of Blocking of assets, Exports, Federal may not exceed 10 percent of the assets, Cambodia, Exports, Finance, Republic of Yugoslavia (Serbia and penalty prior to adjustment. Foreign claims, Foreign investment in Montenegro), Foreign trade, Imports, The Office of Foreign Assets Control the United States, Foreign trade, Intellectual property, Loans, Penalties, currently imposes CMPs pursuant to Imports, Information and informational Reporting and recordkeeping three statutes: the Trading with the materials, International organizations, requirements, Securities, Services, Enemy Act (50 U.S.C. App. 16— North Korea, Penalties, Publications, Shipping, Telecommunications, ‘‘TWEA’’), the International Emergency Reporting and recordkeeping Transfer of assets, Vessels. Economic Powers Act (50 U.S.C. 1705— requirements, Securities, Services, ‘‘IEEPA’’), and section 580E of the Iraq Specially designated nationals, 31 CFR Part 590 Sanctions Act of 1990 (Pub.L. 101–513, Terrorism, Travel restrictions, Trusts Administrative practice and 104 Stat. 2049, 50 U.S.C. 1701 note— and estates, Vietnam. procedure, Angola, Exports, Foreign ‘‘ISA’’). The CMP amount of $50,000 31 CFR Part 515 trade, National Union for the Total under TWEA was set in 1992. Thus, Independence of Angola, Penalties, pursuant to the FCPIA, the TWEA Administrative practice and Reporting and recordkeeping statutory CMP must be increased by the procedure, Air carriers, Banks, banking, requirements, Shipping, UNITA, difference between the CPI for 1995 and Blocking of assets, Cuba, Currency, Vessels. the CPI for 1992, or 8.8%, which, after Estates, Exports, Foreign investment in rounding, equals $5,000. Thus, this final the United States, Foreign trade, 31 CFR Part 595 rule amends the maximum TWEA-based Imports, Informational materials, Administrative practice and CMP per violation to be the inflation- Penalties, Publications, Reporting and procedure, Banking and finance, adjusted amount of $55,000. recordkeeping requirements, Securities, Blocking of assets, Penalties, Reporting The CMP amount of $10,000 under Shipping, Specially designated and recordkeeping requirements, IEEPA was set in 1977. Applying the nationals, Terrorism, Travel restrictions, Specially designated terrorists, CPI inflator of the FCPIA would Trusts and trustees, Vessels. Terrorism, Transfer of Assets. 54938 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations

For the reasons set forth in the Authority: 50 U.S.C. App. 1–44; 22 U.S.C. 12211, 45 FR 26685, 3 CFR, 1980 Comp., p. preamble, 31 CFR chapter V is amended 6001–6010; 22 U.S.C. 2370(a); Pub. L. 104– 253; E.O. 12276, 46 FR 7913, 3 CFR 1981 as follows: 132, 110 Stat. 1214, 1254 (18 U.S.C. 2332d); Comp., p. 104; E.O. 12279, 46 FR 7919, 3 Pub. L. 101–410, 104 Stat. 890 (28 U.S.C. CFR, 1981 Comp., p. 109; E.O. 12280, 46 FR PART 500ÐFOREIGN ASSETS 2461 note); Proc. 3447 27 FR 1085, 3 CFR 7921, 3 CFR, 1981 Comp., p. 110; E.O. 12281, CONTROL REGULATIONS 1959–1963 Comp., p. 157; E.O. 9193, 7 FR 46 FR 7923, 3 CFR, 1981 Comp., p. 110; E.O. 5205, 3 CFR, 1938–1943 Comp., p. 1147; E.O. 12282, 46 FR 7925, 3 CFR, 1981 Comp., p. 1. The authority citation for part 500 9989, 13 FR 4891, 3 CFR, 1943–48 Comp., p. 113; E.O. 12283, 46 FR 7927, 3 CFR, 1981 is revised to read as follows: 748; E.O. 12854, 58 FR 36587, 3 CFR 1993 Comp., p.114; and E.O. 12294, 46 FR 14111, Comp., p. 614. 3 CFR, 1981 Comp., p. 139. Authority: 50 U.S.C. App. 1044; Pub. L. 104–132, 110 Stat. 1214, 1254 (18 U.S.C. Subpart GÐPenalties Subpart GÐPenalties 2332d); Pub. L. 101–410, 104 Stat. 890 (28 U.S.C. 2461 note); E.O. 9193, 7 FR 5205, 3 2. Section 515.701 is amended by 2. Section 535.701 is amended by CFR, 1938–1943 Comp., p. 1174; E.O. 9989, removing paragraph (a)(5), redesignating redesignating existing paragraphs (b) 13 FR 4891, 3 CFR, 1943–48 Comp., p. 748. paragraphs (b), (c), (d) and (e) as and (c) as paragraphs (c) and (d), paragraphs (c), (d), (e) and (f), Subpart GÐPenalties respectively, adding a new paragraph respectively, adding a new paragraph (b), and revising paragraph (a) and 2. Section 500.701 is amended by (b), and revising introductory paragraph redesignated paragraph (c) to read as removing paragraph (a)(6), redesignating (a), paragraph (a)(3), and redesignated follows: existing paragraphs (b) and (c) as paragraph (d) to read as follows: § 535.701 Penalties. paragraphs (c) and (d), respectively, § 515.701 Penalties. adding a new paragraph (b), and (a) Attention is directed to section 206 (a) Attention is directed to section 16 revising introductory paragraph (a), of the International Emergency of the Trading with the Enemy Act (50 paragraph (a)(3), and redesignated Economic Powers Act (the ‘‘Act’’) (50 U.S.C. App. 16), as amended by the paragraph (c) to read as follows: U.S.C. 1705), which is applicable to Federal Civil Penalties Inflation violations of the provisions of any § 500.701 Penalties. Adjustment Act of 1990 (Pub.L. 101– license, ruling, regulation, order, (a) Attention is directed to section 16 410, as amended, 28 U.S.C. 2461 note), direction or instruction issued by or of the Trading with the Enemy Act (50 which provides that: pursuant to the direction or (1) * * * U.S.C. App. 16), as amended by the authorization of the Secretary of the (2) * * * Federal Civil Penalties Inflation Treasury pursuant to this part or (3) The Secretary of the Treasury may Adjustment Act of 1990 (Pub. L. 101– otherwise under the Act. Section 206 of impose a civil penalty of not more than 410, as amended, 28 U.S.C. 2461 note), the Act, as amended by the Federal Civil $55,000 per violation on any person which provides that: Penalties Inflation Adjustment Act of who violates any license, order, or (1) * * * 1990 (Pub.L. 101–410, as amended, 28 regulation issued under that act; (2) * * * (4) * * * U.S.C. 2461 note), provides that: (3) The Secretary of the Treasury may (b) The criminal penalties provided in (1) A civil penalty of not to exceed impose a civil penalty of not more than the Trading with the Enemy Act are $11,000 per violation may be imposed $55,000 per violation on any person subject to increase pursuant to 18 U.S.C. on any person who violates any license, who violates any license, order, or 3571. order, or regulation issued under the regulation issued under that act; (c) * * * Act; (4) * * * (d) Attention is directed to 18 U.S.C. (2) Whoever willfully violates any (5) * * * 1001, which provides that whoever, in license, order, or regulation issued (b) The criminal penalties provided in any matter within the jurisdiction of any under the Act shall, upon conviction, be the Trading with the Enemy Act are department or agency of the United fined not more than $50,000, or, if a subject to increase pursuant to 18 U.S.C. States, knowingly and willfully falsifies, natural person, may be imprisoned for 3571. conceals or covers up by any trick, not more than ten years, or both; and (c) Attention is directed to 18 U.S.C. scheme, or device a material fact, or any officer, director, or agent of any 1001, which provides that whoever, in makes any false, fictitious or fraudulent corporation who knowingly participates any matter within the jurisdiction of any statements or representation or makes or in such violation may be punished by a department or agency of the United uses any false writing or document like fine, imprisonment or both. States, knowingly and willfully falsifies, knowing the same to contain any false, (b) The criminal penalties provided in conceals or covers up by any trick, fictitious or fraudulent statement or the Act are subject to increase pursuant scheme, or device a material fact, or entry, shall be fined under title 18, to 18 U.S.C. 3571. makes any false, fictitious or fraudulent United States Code, or imprisoned not (c) Attention is also directed to 18 statements or representation or makes or more than five years, or both. uses any false writing or document U.S.C. 1001, which provides that * * * * * knowing the same to contain any false, whoever, in any matter within the fictitious or fraudulent statement or jurisdiction of any department or agency PART 535ÐIRANIAN ASSETS of the United States, knowingly and entry, shall be fined under title 18, CONTROL REGULATIONS United States Code, or imprisoned not willfully falsifies, conceals or covers up more than five years, or both. 1. The authority citation for part 535 by any trick, scheme, or device a is revised to read as follows: material fact, or makes any false, * * * * * fictitious or fraudulent statement or Authority: 50 U.S.C. 1701–1706; Pub. L. PART 515ÐCUBAN ASSETS 104–132, 110 Stat. 1214, 1254 (18 U.S.C. representation or makes or uses any CONTROL REGULATIONS 2332d); Pub. L. 101–410, 104 Stat. 890 (28 false writing or document knowing the U.S.C. 2461 note); E.O. 12170, 44 FR 65729, same to contain any false, fictitious or 1. The authority citation for part 515 3 CFR, 1979 Comp., p. 457; E.O. 12205, 45 fraudulent statement or entry, shall be is revised to read as follows: FR 24099, 3 CFR, 1980 Comp., p. 248; E.O. fined under title 18, United States Code, Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations 54939 or imprisoned not more than five years, by any trick, scheme, or device a (c) Attention is also directed to 18 or both. material fact, or makes any false, U.S.C. 1001, which provides that * * * * * fictitious or fraudulent statement or whoever, in any matter within the representation or makes or uses any jurisdiction of any department or agency PART 550ÐLIBYAN SANCTIONS false writing or document knowing the of the United States, knowingly and REGULATIONS same to contain any false, fictitious or willfully falsifies, conceals or covers up fraudulent statement or entry, shall be by any trick, scheme, or device a 1. The authority citation for part 550 fined under title 18, United States Code, material fact, or makes any false, is revised to read as follows: or imprisoned not more than five years, fictitious or fraudulent statement or Authority: 50 U.S.C. 1701–1706; 50 U.S.C. or both. representation or makes or uses any 1601–1651; 22 U.S.C. 287c; 49 U.S.C. App. * * * * * false writing or document knowing the 1514; 22 U.S.C. 2349aa–8 and 2349aa–9; Pub. same to contain any false, fictitious or L. 104–132, 110 Stat. 1214, 1254 (18 U.S.C. PART 560ÐIRANIAN TRANSACTIONS fraudulent statement or entry, shall be 2332d); 3 U.S.C. 301; Pub. L. 101–410, 104 REGULATIONS fined under title 18, United States Code, Stat. 890 (28 U.S.C. 2461 note); E.O. 12543, or imprisoned not more than five years, 51 FR 875, 3 CFR, 1986 Comp., p. 181; E.O. 1. The authority citation for part 560 or both. 12544, 51 FR 1235, 3 CFR, 1986 Comp., p. is revised to read as follows: 183; E.O. 12801, 57 FR 14319, 3 CFR, 1992 * * * * * Comp., p. 294. Authority: 50 U.S.C. 1701–1706; 50 U.S.C. 1601–16512; 22 U.S.C. 2349aa–9; Pub. L. PART 575ÐIRAQI SANCTIONS Subpart GÐPenalties 104–132, 110 Stat. 1214, 1254 (18 U.S.C. REGULATIONS 2332d); Pub. L. 101–410, 104 Stat. 890 (28 2. Section 550.701 is amended by U.S.C. 2461 note); 3 U.S.C. 301; E.O. 12613, 1. The authority citation for part 575 redesignating existing paragraphs (b), (c) 52 FR 41940, 3 CFR, 1987 Comp., p. 256; E.O. is revised to read as follows: 12957, 60 FR 14615, 3 CFR 1995 Comp., p. and (d) as paragraphs (c), (d) and (e), 332; E.O. 12959, 60 FR 24757, 3 CFR 1995 Authority: 50 U.S.C. 1701–1706; 50 U.S.C. respectively, adding a new paragraph Comp., p. 356. 1601–1651; 22 U.S.C. 287c; Pub. L. 104–132, (b), and revising paragraph (a) and 110 Stat. 1214, 1254 (18 U.S.C. 2332d); Pub. redesignated paragraph (c) to read as Subpart GÐPenalties L. 101–410, 104 Stat. 890 (28 U.S.C. 2461 follows: note); 3 U.S.C. 301; E.O. 12722, 55 FR 31803, 2. Section 560.701 is amended by 3 CFR, 1990 Comp., p. 294; E.O. 12724, 55 § 550.701 Penalties. redesignating existing paragraphs (b), (c) FR 33089, 3 CFR, 1992 Comp., p. 317. and (e) as paragraphs (c), (e) and (d), (a) Attention is directed to section 206 Subpart GÐPenalties of the International Emergency respectively, adding a new paragraph Economic Powers Act (the ‘‘Act’’) (50 (b), and revising paragraph (a) and 2. Section 575.701 is amended by U.S.C. 1705), which is applicable to redesignated paragraph (c) to read as redesignating existing paragraphs (b), violations of the provisions of any follows: (c), (d) and (e) as paragraphs (c), (d), (e) license, ruling, regulation, order, § 560.701 Penalties. and (f), respectively, adding a new paragraph (b), adding a new final direction or instruction issued by or (a) Attention is directed to section 206 sentence to redesignated paragraph (c), pursuant to the direction or of the International Emergency and revising introductory paragraph (a), authorization of the Secretary of the Economic Powers Act (the ‘‘Act’’) (50 paragraph (a)(1), and redesignated Treasury pursuant to this part or U.S.C. 1705), which is applicable to paragraph (d) to read as follows: otherwise under the Act. Section 206 of violations of the provisions of any the Act, as amended by the Federal Civil license, ruling, regulation, order, § 575.701 Penalties. Penalties Inflation Adjustment Act of direction or instruction issued by or 1990 (Pub.L. 101–410, as amended, 28 (a) Section 580E of the Iraq Sanctions pursuant to the direction or Act of 1990 (Public Law 101–513, 104 U.S.C. 2461 note), provides that: authorization of the Secretary of the (1) A civil penalty of not to exceed Stat. 2049), as amended by the Federal Treasury pursuant to this part or Civil Penalties Inflation Adjustment Act $11,000 per violation may be imposed otherwise under the Act. Section 206 of on any person who violates any license, of 1990 (Pub.L. 101–410, as amended, the Act, as amended by the Federal Civil 28 U.S.C. 2461 note), provides that, order, or regulation issued under the Penalties Inflation Adjustment Act of notwithstanding section 206 of the Act; 1990 (Pub.L. 101–410, as amended, 28 International Emergency Economic (2) Whoever willfully violates any U.S.C. 2461 note), provides that: Powers Act (50 U.S.C. 1705) and section license, order, or regulation issued (1) A civil penalty of not to exceed 5(b) of the United Nations Participation under the Act shall, upon conviction be $11,000 per violation may be imposed Act of 1945 (22 U.S.C. 287c(b)): fined not more than $50,000, or, if a on any person who violates any license, (1) A civil penalty of not to exceed natural person, may be imprisoned for order, or regulation issued under the $275,000 per violation may be imposed not more than ten years, or both; and Act; on any person who, after the enactment any officer, director, or agent of any (2) Whoever willfully violates any of this Act, violates or evades or corporation who knowingly participates license, order, or regulation issued attempts to violate or evade Executive in such violation may be punished by a under the Act shall, upon conviction be Order Number 12722, 12723, 12724, or like fine, imprisonment or both. fined not more than $50,000, or, if a 12725, or any license, order, or (b) The criminal penalties provided in natural person, may be imprisoned for regulation issued under any such the Act are subject to increase pursuant not more than ten years, or both; and Executive Order; to 18 U.S.C. 3571. any officer, director, or agent of any (2) * * * (c) Attention is also directed to 18 corporation who knowingly participates (3) * * * U.S.C. 1001, which provides that in such violation may be punished by a (b) The criminal penalties provided in whoever, in any matter within the like fine, imprisonment or both. the Iraq Sanctions Act are subject to jurisdiction of any department or agency (b) The criminal penalties provided in increase pursuant to 18 U.S.C. 3571. of the United States, knowingly and the Act are subject to increase pursuant (c) * * * The criminal penalties willfully falsifies, conceals or covers up to 18 U.S.C. 3571. provided in the United Nations 54940 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations

Participation Act are subject to increase (2) Whoever willfully violates any 1990 (Pub. L. 101–410, as amended, 28 pursuant to 18 U.S.C. 3571. license, order, or regulation issued U.S.C. 2461 note), provides that: (d) Attention is also directed to 18 under the Act shall, upon conviction be (1) A civil penalty of not to exceed U.S.C. 1001, which provides that fined not more than $50,000, or, if a $11,000 per violation may be imposed whoever, in any matter within the natural person, may be imprisoned for on any person who violates any license, jurisdiction of any department or agency not more than ten years, or both; and order, or regulation issued under the of the United States, knowingly and any officer, director, or agent of any Act; willfully falsifies, conceals or covers up corporation who knowingly participates (2) Whoever willfully violates any by any trick, scheme, or device a in such violation may be punished by a license, order, or regulation issued material fact, or makes any false, like fine, imprisonment or both. under the Act shall, upon conviction be fictitious or fraudulent statement or (b) The criminal penalties provided in fined not more than $50,000, or, if a representation or makes or uses any the Act are subject to increase pursuant natural person, may be imprisoned for false writing or document knowing the to 18 U.S.C. 3571. not more than ten years, or both; and same to contain any false, fictitious or (c) * * * The criminal penalties any officer, director, or agent of any fraudulent statement or entry, shall be provided in the United Nations corporation who knowingly participates fined under title 18, United States Code, Participation Act are subject to increase in such violation may be punished by a or imprisoned not more than five years, pursuant to 18 U.S.C. 3571. like fine, imprisonment or both. or both. (d) Attention is also directed to 18 (b) The criminal penalties provided in * * * * * U.S.C. 1001, which provides that the Act are subject to increase pursuant whoever, in any matter within the to 18 U.S.C. 3571. PART 585ÐFEDERAL REPUBLIC OF jurisdiction of any department or agency (c) * * * The criminal penalties YUGOSLAVIA (SERBIA AND of the United States, knowingly and provided in the United Nations MONTENEGRO) AND THE BOSNIAN willfully falsifies, conceals or covers up Participation Act are subject to increase SERB-CONTROLLED AREAS OF THE by any trick, scheme, or device a pursuant to 18 U.S.C. 3571. REPUBLIC OF BOSNIA AND material fact, or makes any false, (d) Attention is also directed to 18 HERZEGOVINA SANCTIONS fictitious or fraudulent statement or U.S.C. 1001, which provides that REGULATIONS representation or makes or uses any whoever, in any matter within the false writing or document knowing the jurisdiction of any department or agency 1. The authority citation for part 585 same to contain any false, fictitious or of the United States, knowingly and is revised to read as follows: fraudulent statement or entry, shall be willfully falsifies, conceals or covers up Authority: 50 U.S.C. 1701–1706; 50 U.S.C. fined under title 18, United States Code, by any trick, scheme, or device a 1601–1651; 22 U.S.C. 287c; 49 U.S.C. App. or imprisoned not more than five years, material fact, or makes any false, 1514; Pub. L. 101–410, 104 Stat. 890 (28 or both. fictitious or fraudulent statement or U.S.C. 2461 note); 3 U.S.C. 301; E.O. 12808, * * * * * representation or makes or uses any 57 FR 23299; E.O. 12810, 57 FR 24347; E.O. false writing or document knowing the 12831, 58 FR 5253. PART 590ÐUNITA (ANGOLA) same to contain any false, fictitious or Subpart GÐPenalties SANCTIONS REGULATIONS fraudulent statement or entry, shall be fined under title 18, United States Code, 2. Section 585.701 is amended by 1. The authority citation for part 590 or imprisoned not more than five years, redesignating existing paragraphs (b), is revised to read as follows: or both. (c), and (d) as paragraphs (c), (d), and Authority: 50 U.S.C. 1701–1706; 50 U.S.C. * * * * * (e), respectively, adding a new 1601–1651; 22 U.S.C. 287c; Pub. L. 101–410, paragraph (b), adding a new final 104 Stat. 890 (28 U.S.C. 2461 note); 3 U.S.C. PART 595ÐTERRORISM SANCTIONS sentence to redesignated paragraph (c), 301; E.O. 12865, 58 FR 51005. REGULATIONS and revising paragraph (a) and Subpart GÐPenalties redesignated paragraph (d) to read as 1. The authority citation for part 595 follows: 2. Section 590.701 is amended by is revised to read as follows: redesignating existing paragraphs (b), (c) Authority: 50 U.S.C. 1701–1706; 50 U.S.C. § 585.701 Penalties. and (d) as paragraphs (c), (d) and (e), 1601–1651; 3 U.S.C. 301; Pub. L. 101–410, (a) Attention is directed to section 206 respectively, adding a new paragraph 104 Stat. 890 (28 U.S.C. 2461 note); E.O. of the International Emergency (b), adding a new final sentence to 12947, 60 FR 5079. Economic Powers Act (the ‘‘Act’’) (50 redesignated paragraph (c), and revising Subpart GÐPenalties U.S.C. 1705), which is applicable to paragraph (a) and redesignated violations of the provisions of any paragraph (d) to read as follows: 2. Section 595.701 is amended by license, ruling, regulation, order, redesignating existing paragraph (b) as direction or instruction issued by or § 590.701 Penalties. paragraph (c), adding a new paragraph pursuant to the direction or (a) Attention is directed to section 206 (b), and revising paragraph (a) and authorization of the Secretary of the of the International Emergency redesignated paragraph (c) to read as Treasury pursuant to this part or Economic Powers Act (the ‘‘Act’’) (50 follows: otherwise under the Act. Section 206 of U.S.C. 1705), which is applicable to the Act, as amended by the Federal Civil violations of the provisions of any § 595.701 Penalties. Penalties Inflation Adjustment Act of license, ruling, regulation, order, (a) Attention is directed to section 206 1990 (Pub.L. 101–410, as amended, 28 direction or instruction issued by or of the International Emergency U.S.C. 2461 note), provides that: pursuant to the direction or Economic Powers Act (the ‘‘Act’’) (50 (1) A civil penalty of not to exceed authorization of the Secretary of the U.S.C. 1705), which is applicable to $11,000 per violation may be imposed Treasury pursuant to this part or violations of the provisions of any on any person who violates any license, otherwise under the Act. Section 206 of license, ruling, regulation, order, order, or regulation issued under the the Act, as amended by the Federal Civil direction or instruction issued by or Act; Penalties Inflation Adjustment Act of pursuant to the direction or Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations 54941 authorization of the Secretary of the ACTION: Direct final rule. SUPPLEMENTARY INFORMATION: Treasury pursuant to this part or Applicability otherwise under the Act. Section 206 of SUMMARY: EPA is taking direct final the Act, as amended by the Federal Civil action on revisions to the California The rules being approved into the Penalties Inflation Adjustment Act of State Implementation Plan (SIP). The California SIP include: SCAQMD Rule 1990 (Pub. L. 101–410, as amended, 28 revisions concern rules from the 463, Organic Liquid Storage and U.S.C. 2461 note), provides that: following Districts: Ventura County Air VCAPCD Rule 70, Storage and Transfer (1) A civil penalty of not to exceed Pollution Control District (VCAPCD) of Gasoline. These rules were submitted $11,000 per violation may be imposed and South Coast Air Quality by the California Air Resources Board on any person who violates any license, Management District (SCAQMD). This (CARB) to EPA on May 24, 1994 and order, or regulation issued under the approval action will incorporate these August 10, 1995, respectively. Act; rules into the federally approved SIP. Background (2) Whoever willfully violates any The intended effect of approving these On March 3, 1978, EPA promulgated license, order, or regulation issued rules is to regulate emissions of volatile a list of ozone nonattainment areas under the Act shall, upon conviction be organic compounds (VOCs) in under the provisions of the Clean Air fined not more than $50,000, or, if a accordance with the requirements of the Act, as amended in 1977 (1977 Act or natural person, may be imprisoned for Clean Air Act, as amended in 1990 pre-amended Act), that included the Los not more than ten years, or both; and (CAA or the Act). The revised rules Angeles-South Coast Air Basin (LA any officer, director, or agent of any control VOC emissions from the storage Basin) and the Ventura County Area. 43 corporation who knowingly participates and transfer of gasoline and organic FR 8964, 40 CFR 81.305. On May 26, in such violation may be punished by a liquid storage. Thus, EPA is finalizing 1988, EPA notified the Governor of like fine, imprisonment or both. the approval of these revisions into the California, pursuant to section (b) The criminal penalties provided in California SIP under provisions of the 110(a)(2)(H) of the 1977 Act, that the the Act are subject to increase pursuant CAA regarding EPA action on SIP above districts’ portions of the to 18 U.S.C. 3571. submittals, SIPs for national primary California SIP were inadequate to attain (c) Attention is also directed to 18 and secondary ambient air quality and maintain the ozone standard and U.S.C. 1001, which provides that standards and plan requirements for requested that deficiencies in the whoever, in any matter within the nonattainment areas. existing SIP be corrected (EPA’s SIP- jurisdiction of any department or agency DATES: This action is effective on Call). On November 15, 1990, the Clean of the United States, knowingly and December 23, 1996 unless adverse or Air Act Amendments of 1990 were willfully falsifies, conceals or covers up critical comments are received by enacted. Pub. L. 101–549, 104 Stat. by any trick, scheme, or device a November 22, 1996. If the effective date 2399, codified at 42 U.S.C. 7401–7671q. material fact, or makes any false, is delayed, a timely notice will be In amended section 182(a)(2)(A) of the fictitious or fraudulent statement or published in the Federal Register. CAA, Congress statutorily adopted the representation or makes or uses any requirement that nonattainment areas false writing or document knowing the ADDRESSES: Copies of the rule revisions fix their deficient reasonably available same to contain any false, fictitious or and EPA’s evaluation report for each control technology (RACT) rules for fraudulent statement or entry, shall be rule are available for public inspection ozone and established a deadline of May fined under title 18, United States Code, at EPA’s Region IX office during normal 15, 1991 for states to submit corrections or imprisoned not more than five years, business hours. Copies of the submitted rule revisions are available for of those deficiencies. or both. Section 182(a)(2)(A) applies to areas inspection at the following locations: * * * * * designated as nonattainment prior to Dated: October 17, 1996. Rulemaking Section (A–5–3), Air and enactment of the amendments and R. Richard Newcomb, Toxics Division, U.S. Environmental classified as marginal or above as of the Director, Office of Foreign Assets Control. Protection Agency, Region IX, 75 date of enactment. It requires such areas Approved: October 18, 1996. Hawthorne Street, San Francisco, CA to adopt and correct RACT rules James E. Johnson, 94105 pursuant to pre-amended section 172(b) Assistant Secretary (Enforcement). Environmental Protection Agency, Air as interpreted in pre-amendment 1 [FR Doc. 96–27285 Filed 10–21–96; 11:00 Docket (6102), 401 ‘‘M’’ Street, SW., guidance. EPA’s SIP-Call used that am] Washington, DC 20460 guidance to indicate the necessary BILLING CODE 4810±25±W California Air Resources Board, corrections for specific nonattainment Stationary Source Division, Rule areas. The LA Basin is classified as Evaluation Section, 2020 ‘‘L’’ Street, extreme and the Ventura County Area is 2 ENVIRONMENTAL PROTECTION Sacramento, CA 92123–1095 classified as severe ; therefore, these AGENCY South Coast Air Quality Management 1 Among other things, the pre-amendment District, 21865 E. Copley Drive, guidance consists of those portions of the proposed 40 CFR Part 52 Diamond Bar, CA 91765–4182 post-1987 ozone and carbon monoxide policy that [CA 083±0015a; FRL±5633±8] Ventura County Air Pollution Control concern RACT, 52 FR 45044 (November 24, 1987); ‘‘Issues Relating to VOC Regulation Cutpoints, District, 669 County Square Drive, Deficiencies, and Deviations, Clarification to Approval and Promulgation of Second Floor, Ventura, CA 93003 Appendix D of November 24, 1987 Federal Register Implementation Plans; California State Notice’’ (Blue Book) (notice of availability was FOR FURTHER INFORMATION CONTACT: Implementation Plan Revision, Ventura published in the Federal Register on May 25, 1988); County Air Pollution Control District Christine Vineyard, Rulemaking Section and the existing control technique guidelines (CTGs). and South Coast Air Quality (A–5–3), Air and Toxics Division, U.S. Environmental Protection Agency, 2 The LA Basin and Ventura County Area have Management District retained their designation of nonattainment and Region IX, 75 Hawthorne Street, San were classified by operation of law pursuant to AGENCY: Environmental Protection Francisco, CA 94105, Telephone: (415) sections 107(d) and 181(a) upon the date of Agency (EPA). 744–1197. Continued 54942 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations areas were subject to the RACT fix-up requirements of the Act and specify the with the standard format of subsequent requirement and the May 15, 1991 presumptive norms for what is RACT District rules; deadline. for specific source categories. Under the • The Definitions section was The State of California submitted CAA, Congress ratified EPA’s use of expanded to clarify the meaning of many revised RACT rules for these documents, as well as other terms used in the rule and to ensure that incorporation into its SIP on May 24, Agency policy, for requiring States to they are used consistently throughout 1994 and August 10, 1995, including the ‘‘fix-up’’ their RACT rules. See section the rule; rules being acted on in this notice. This 182(a)(2)(A). The CTGs applicable to • The Requirements section was notice addresses EPA’s direct-final SCAQMD Rule 463 are entitled, revised to: (1) Include a self-inspection action for SCAQMD Rule 463, Organic ‘‘Control of Volatile Organic Emissions program; (2) delete the permit Liquid Storage and VCAPCD Rule 70, from Petroleum Liquid Storage in requirements for replacement of floating Storage and Transfer of Gasoline. External Floating Roof Tanks’’, (EPA roof tanks seals; (3) include floating roof SCAQMD adopted Rule 463 on March 450/2–78–047) and ‘‘Control of Volatile tank seals categories based on emission 11, 1994 and VCAPCD adopted Rule 70 Organic Emissions from Storage of control effectiveness; and (4) include a on May 9, 1995. These submitted rules Petroleum Liquids in Fixed-Roof provision for emissions reporting to were found to be complete on July 14, Tanks’’, (EPA 450/2–77–036). The CTGs help streamline annual emissions 1994 and October 4, 1995 pursuant to reporting, recordkeeping and tracking; applicable to VCAPCD Rule 70 are • EPA’s completeness criteria that are set entitled, ‘‘Control of Hydrocarbons from The revised rule includes specific forth in 40 CFR part 51 Appendix V 3 Tank Truck Gasoline Loading Test Methods for use in evaluating rule and is being finalized for approval into Terminals’’, (EPA 450/2–77–026); compliance or violations. EPA has evaluated the submitted the SIP. ‘‘Control of Volatile Organic Emissions rules and has determined that they are SCAQMD Rule 463 controls VOC from Bulk Gasoline Plants’’, (EPA 450/ consistent with the CAA, EPA emissions from above-ground stationary 2–77–035); and ‘‘Control of Volatile regulations, and EPA policy. Therefore, tanks used for storage of organic liquids. Organic Compound Leaks from Gasoline SCAQMD Rule 473, Organic Liquid VCAPCD Rule 70 reduces the emission Tank Trucks and Vapor Collection Storage and VCAPCD Rule 70, Storage of VOCs from the storage and transfer of Systems’’, (EPA 450/2–78–051). Further gasoline. VOCs contribute to the and Transfer of Gasoline are being interpretations of EPA policy are found approved under section 110(k)(3) of the production of ground level ozone and in the Blue Book, referred to in footnote smog. These rules were originally CAA as meeting the requirements of 1. In general, these guidance documents section 110(a) and part D. adopted as part of SCAQMD’s and have been set forth to ensure that VOC VCAPCD’s effort to achieve the National Nothing in this action should be rules are fully enforceable and construed as permitting or allowing or Ambient Air Quality Standard (NAAQS) strengthen or maintain the SIP. for ozone and in response to EPA’s SIP- establishing a precedent for any future SCAQMD’s submitted Rule 463, Call and the section 182(a)(2)(A) CAA implementation plan. Each request for Organic Liquid Storage, includes the requirement. The following is EPA’s revision to the state implementation following significant changes from the evaluation and final action for these plan shall be considered separately in current SIP: light of specific technical, economic, rules. • Emissions from all tanks must now and environmental factors and in EPA Evaluation and Action be reduced by at least 90%. relation to relevant statutory and In determining the approvability of a Requirements for coaxial Phase I vapor regulatory requirements. VOC rule, EPA must evaluate the rule recovery systems, pressure relief valves, EPA is publishing this notice without for consistency with the requirements of and liquid removal devices have added; prior proposal because the Agency the CAA and EPA regulations, as found • Criteria for opening hatches for views this as a noncontroversial in section 110 and part D of the CAA visual inspections of delivery vehicles amendment and anticipates no adverse and 40 CFR part 51 (Requirements for are defined; comments. However, in a separate Preparation, Adoption, and Submittal of • Tanks with capacities less than 550 document in this Federal Register Implementation Plans). The EPA gallons are exempted from the rule publication, the EPA is proposing to interpretation of these requirements, unless they are located at a retail service approve the SIP revisions should which forms the basis for today’s action, station; adverse or critical comments be filed. appears in the various EPA policy • The recordkeeping requirements This action will be effective December guidance documents listed in footnote have been updated; 23, 1996, unless, by November 22, 1996, 1. Among those provisions is the • Testing requirements and test adverse or critical comments are requirement that a VOC rule must, at a methods have been included; received. minimum, provide for the • Several new definitions have been If the EPA receives such comments, implementation of RACT for stationary added to the rule: Altered or repaired, this action will be withdrawn before the sources of VOC emissions. This balance system, CARB executive orders, effective date by publishing a requirement was carried forth from the insertion interlock, mobile refueler, subsequent document that will pre-amended Act. rebuilt equipment, Reid vapor pressure, withdraw the final action. All public For the purpose of assisting state and top off, vacuum assist system, and vapor comments received will then be local agencies in developing RACT tight. addressed in a subsequent final rule rules, EPA prepared a series of Control VCAPCD’s submitted Rule 70, Storage based on this action serving as a Technique Guideline (CTG) documents. and Transfer of Gasoline, includes the proposed rule. The EPA will not The CTGs are based on the underlying following significant changes from the institute a second comment period on current SIP: this action. Any parties interested in enactment of the CAA. See 56 FR 56694 (November • The format of the rule was commenting on this action should do so 6, 1991). restructured to conform with the at this time. If no such comments are 3 EPA adopted the completeness criteria on standard format of subsequent rules; received, the public is advised that this February 16, 1990 (55 FR 5830) and, pursuant to • section 110(k)(1)(A) of the CAA, revised the criteria An Applicability section was added action will be effective December 23, on August 26, 1991 (56 FR 42216). to the rule to make its format consistent 1996. Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations 54943

Regulatory Process government in the aggregate or to the (224) * * * Under the Regulatory Flexibility Act, private sector. (i) * * * This action has been classified as a 5 U.S.C. 600 et seq., EPA must prepare (B) Ventura County Air Pollution Table 3 action for signature by the a regulatory flexibility analysis Control District. Regional Administrator under the assessing the impact of any proposed or (1) Rule 70, adopted on May 9, 1995. procedures published in the Federal final rule on small entities. 5 U.S.C. 603 * * * * * Register on January 19, 1989 (54 FR and 604. Alternatively, EPA may certify [FR Doc. 96–26573 Filed 10–22–96; 8:45 am] 2214–2225), as revised by a July 10, that these rules will not have a BILLING CODE 6560±50±P 1995 memorandum from Mary Nichols, significant impact on a substantial Assistant Administrator for Air and number of small entities. Small entities Radiation. The Office of Management 40 CFR Part 52 include small businesses, small not-for- and Budget (OMB) has exempted this profit enterprises and government regulatory action from Executive Order [TN±167±1±9702; FRL±5637±1] entities with jurisdiction over 12866 review. population of less than 50,000. SIP approvals under sections 110 and Submission to Congress and the Control Strategy: Ozone; Tennessee 301(a) and subchapter I, Part D of the General Accounting Office AGENCY: Environmental Protection CAA do not create any new Under 5 U.S.C. 801(a)(1)(A) as added Agency (EPA). requirements, but simply approve by the Small Business Regulatory ACTION: Final rule. requirements that the State is already Enforcement Fairness Act of 1996, EPA imposing. Therefore, because the submitted a report containing this rule SUMMARY: EPA is approving an Federal SIP-approval does not impose and other required information to the exemption request from the oxides of any new requirements, I certify that it U.S. Senate, the U.S. House of nitrogen (NOX) reasonably available does not have a significant impact on Representatives and the Comptroller control technology (RACT) and any small entities affected. Moreover, General of the General Accounting conformity requirements of the Clean due to the nature of the Federal-state Office prior to publication of this rule in Air Act as amended in 1990 (CAA) for relationship under the CAA, preparation today’s Federal Register. This rule is the five county Middle Tennessee of a regulatory flexibility analysis would not a ‘‘major rule’’ as defined by 5 (Nashville) moderate ozone (O3) constitute Federal inquiry into the U.S.C. 804(2). nonattainment area. The request for a economic reasonableness of state action. NO RACT and conformity exemption List of Subjects in 40 CFR Part 52 X The CAA forbids EPA to base its actions was submitted on March 21, 1995, by concerning SIPs on such grounds. Environmental protection, Air the State of Tennessee through the Union Electric Co. v. U.S. E.P.A., 427 pollution control, Hydrocarbons, Tennessee Department of Environment U.S. 246, 256–66 (S. Ct. 1976); 42 U.S.C. Incorporation by reference, and Conservation (TDEC). The 7410(a)(2). Intergovernmental relations, Ozone, exemption request is based upon the Unfunded Mandates Reporting and recordkeeping most recent monitoring data, which requirements, Volatile organic demonstrate that additional reductions Under Sections 202, 203, and 205 of compounds. of NOX would not contribute to the Unfunded Mandates Reform Act of Note: Incorporation by reference of the attainment of the National Ambient Air 1995 (‘‘Unfunded Mandates Act’’), State Implementation Plan for the State of Quality Standards (NAAQS). EPA signed into law on March 22, 1995, EPA California was approved by the Director of initially published a direct-final rule on must undertake various actions in the Federal Register on July 1, 1982. July 11, 1996, approving this request. association with proposed or final rules Dated: September 30, 1996. Due to the receipt of adverse comments, that include a Federal mandate that may Felicia Marcus, EPA withdrew the direct-final rule on result in estimated costs of $100 million Regional Administrator. September 6, 1996. This document or more to the private sector or to State, addresses those comments received and local, or tribal governments in the Subpart F of Part 52, Chapter I, Title 40 of the Code of Federal Regulations is grants final approval to the exemption aggregate. request. Through submission of this state amended as follows: EFFECTIVE DATE: This final rule is implementation plan or plan revision, PART 52Ð[AMENDED] the State and any affected local or tribal effective October 23, 1996. ADDRESSES: A copy of the exemption governments have elected to adopt the Subpart FÐCalifornia program provided for under Part D of request is available for inspection at the the Clean Air Act. These rules may bind 1. The authority citation for Part 52 following locations (it is recommended State, local, and tribal governments to continues to read as follows: that you contact William Denman at perform certain actions and also require Authority: 42 U.S.C. 7401–7671q. (404) 562–9030 before visiting the the private sector to perform certain Region 4 office). 2. Section 52.220 is amended by duties. The rules being approved for by United States Environmental Protection adding paragraphs (c)(197)(i)(A)(2) and this action will impose no new Agency; Air, Pesticides, and Toxics (c)(224)(i)(B) to read as follows: requirements because affected sources Management Division; Air Planning are already subject to these regulations § 52.220 Identification of plan. Branch; Regulatory Planning Section; under State law. Therefore, no * * * * * 100 Alabama Street SW., Atlanta, additional costs to State, local, or tribal (c) * * * Georgia 30303. government or to the private sector (197) * * * Tennessee Department of Environment result from this action. EPA has also (i) * * * and Conservation, Division of Air determined that this final action does (A) * * * Pollution Control, L & C Annex, 9th not include a mandate that may result (2) Rule 463, adopted on March 11, Floor, 401 Church Street, Nashville, in estimated costs of $100 million or 1994. Tennessee 37243–1531, 615/532– more to State, local, or tribal * * * * * 0554. 54944 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT: results of the New York State petition should be noted that all major NOX William Denman; Regulatory Planning for review before the 7th Circuit are sources in the area are regulated by the Section; Air Planning Branch; Air decided. Tennessee regulation for the control of Pesticides and Toxics Management 2. The commenter believes EPA’s NOX. This NOX RACT exemption Division; U.S. Environmental Protection approval of the Middle Tennessee NOX merely exempts the sources from Agency; 100 Alabama Street SW., exemption request conflicts with section meeting federal NOX RACT Atlanta, Georgia 30303; (404) 562–9030. 110(a)(2)(D) of the Clean Air Act requirements. Reference file TN–167–9702. because it fails to consider the effects 4. The commenter believes that SUPPLEMENTARY INFORMATION: The that such action will have on downwind instead of decreasing the focus on original direct-final rule approving areas. The commenter also believes this nitrogen oxides, recent comprehensive action is inconsistent with efforts being studies indicate we should be increasing Tennessee’s NOX RACT exemption request was published on July 11, 1996, taken on state, regional, and national efforts to control NOX as a more (61 FR 36502) and provided for a thirty levels to address the problem of effective strategy for controlling ozone day public comment period which transport of NOX and ozone and that in the urban and rural areas of the expired on August 12, 1996. Also, on EPA’s ‘‘clean data’’ policy fails in that South. The commenter believes the it does not address problems of long control of ozone may not be possible July 11, 1996, a notice of proposed range transport of ozone. without a stronger focus on nitrogen rulemaking for the NO RACT X oxides. exemption was published (61 FR EPA Response 36534). On August 12, 1996, the New The requirements for redesignation to EPA Response York State Department of attainment of the ozone standard do not As stated previously, the Middle Environmental Conservation, the currently require areas to address long- Tennessee ozone nonattainment area Citizens Commission for Clean Air in range transport. Therefore, since attained the national ambient air quality the Lake Michigan Basin, and the Tennessee’s SIP has been determined to standard for ozone for the three year American Lung Association of contain adequate regulations for period 1992 through 1994, including Tennessee submitted adverse continued attainment of the ozone 1995, and has continued to maintain the comments. As a result, a Federal standard and their redesignation request standard to date. Therefore, not only is Register document was published on has been determined to meet all the the control of ozone in this area possible September 6, 1996, withdrawing the redesignation requirements, Tennessee without a stronger focus on nitrogen direct-final action. In this document, has met the necessary criteria to be oxides, it has been demonstrated since EPA is taking final action on the redesignated to attainment. With respect the 1992–1994 attainment period. exemption request and is addressing to the requirements under Section 5. The commenter believes that the public comments received on the 110(a)(2)(D) of the Act, EPA does not Middle Tennessee Ozone Study original direct-final action. The believe, nor has the commenter Network does not accurately indicate comments received and EPA’s responses provided any evidence, that granting a actual ozone and ozone precursor are given below. NOX exemption to the Middle emissions concentrations in the Middle 1. The commenter disagrees with EPA Tennessee area will contribute Tennessee moderate ozone viewing the NOX exemption as non- significantly to nonattainment of the nonattainment area. controversial and taking the direct-final ozone standard in another state, or EPA Response approach to approve the exemption. interfere with maintenance of the ozone This view results from the perception standard. The matter of long range The Ozone Study Network was not that EPA is not granting NOX transport of ozone, NOX and volatile developed for the purpose of exemptions until the New York State’s organic compounds is still under study determining attainment or petition for review is decided by the 7th by EPA. nonattainment of the ozone standard. Circuit or settled by the parties. 3. The commenter does not believe The monitoring network developed and used for the purpose of monitoring EPA Response the NOX and VOC programs currently in place in Middle Tennessee are adequate attainment or nonattainment ozone The approval of this NOX exemption to maintain the ‘‘clean data’’ trend for levels in the Middle Tennessee ozone was published as a direct-final notice the nonattainment area. nonattainment area meets the because Region 4 felt that all major requirements of 40 CFR Part 58 and EPA Response comments regarding NOX exemptions therefore meets the ozone redesignation had been made on previous actions. The Nashville ozone nonattainment requirements. These major comments along with the area has ambient monitoring data that 6. The commenter suggests that EPA EPA responses were restated in the show no violations of the ozone should reconsider the Middle Tennessee direct-final rule. The public was in no standard during the period of 1992 NOX exemption request, relying upon way impeded from comments under the through 1995 and to date in 1996. EPA ambient ozone monitoring data direct-final format. The other option for has determined that the maintenance collected in 1992, 1993, and 1994, and approval was to issue only a proposal plan and contingency measures for the review the Southern Oxidant Study notice, and then publish a final notice Nashville area are adequate to ensure 1995 Nashville Intensive Ozone Field addressing comments. The only the attainment of the national ambient Study, and Ozone Transport Assessment difference in the direct-final approach is air quality standard for ozone. In a Group (OTAG) efforts to characterize, that, due to the possibility of receiving separate notice published on July 29, examine, and make regional control adverse comments, EPA had 1996, (61 FR 39326) EPA approved recommendations addressing the simultaneously published a notice of regulations providing for NOX controls transport of ozone and ozone precursor proposed rulemaking, and after which Tennessee either imposed on emissions. Additionally, the USEPA withdrawing the direct-final rule now major sources prior to attaining the should await the successful publishes this document as the final ozone standard or controls which implementation of a ‘‘super-regional’’ rule. EPA has not decided to withhold Tennessee used to demonstrate future NOX strategy prior to approval of the action on NOX exemptions until the maintenance of the ozone standard. It NOX exemption and must review the Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations 54945

Southern Oxidant Study 1995 Nashville it is obvious that ‘‘additional reductions General Conformity Rules’ Decision Intensive study and reconcile its results of oxides of nitrogen would not Memorandum.’’ This action will be with this NOX exemption request. contribute to attainment of the national effective on October 23, 1996. ambient air quality standards for ozone EPA Response Nothing in this action should be in the area’’, since the area continues to construed as permitting or allowing or Section 182(f) of the Clean Air Act attain the ozone standard. Therefore, it establishing a precedent for any future does not require States to take into meets the 182(f) requirement. Under request for revision to any state account future findings of studies nor section 185B, the Administrator is not implementation plan. Each request for future efforts of workgroups when required to consider the report in revision to the state implementation applying for a NO exemption. EPA X evaluating the 182(f) NOX exemption. plan shall be considered separately in believes Tennessee has met the 9. Approval of the 182(f) NOX light of specific technical, economic, necessary requirements and has exemption request will have an adverse and environmental factors and in demonstrated through attaining and impact on visibility in the Great Smoky relation to relevant statutory and continued maintenance of the ozone Mountains National Park and the regulatory requirements. standard for the years 1992 to 1996 that Shenandoah National Park, adversely additional NOX controls are not affect the health of wildlife and fauna in Administrative Requirements necessary to meet the national ambient these Class I areas, and should be A. Executive Order 12866 air quality standard for ozone. reevaluated. 7. The ambient monitoring data is This action has been classified as a EPA Response suspect due to a sparse ozone Table 3 action for signature by the monitoring network that consistently Tennessee has adopted and submitted Regional Administrator under the fails to accurately monitor elevated to EPA regulations intended to meet the procedures published in the Federal ozone concentrations in the Middle visibility protection requirements of the Register on January 19, 1989 (54 FR Tennessee ozone nonattainment area. CAA. EPA will act on this submittal in 2214–2225), as revised by a July 10, a separate notice. EPA does not have the EPA Response 1995 memorandum from Mary Nichols, authority under the CAA to regulate Assistant Administrator for Air and States with areas required to have NOX for the purpose of visibility using Radiation. The Office of Management monitoring networks must meet the the requirements intended for meeting and Budget (OMB) has exempted this requirements of 40 CFR Part 58. EPA the ozone standard. The CAA provides regulatory action from E.O. 12866 has determined that Tennessee’s separate regulations to protect visibility review. monitoring network meets these in Class I areas. requirements. The commenter mentions B. Regulatory Flexibility Act Final Action that on July 12, 1995, during the 1995 Under the Regulatory Flexibility Act, The EPA is today approving Nashville Intensive Ozone Field Study, 5 U.S.C. 600 et seq., EPA must prepare Tennessee’s request to exempt the a Southern Oxidant Study monitor a regulatory flexibility analysis Middle Tennessee moderate O recorded higher levels than the official 3 assessing the impact of any proposed or nonattainment area from the section ozone monitors in the area. The final rule on small entities. 5 U.S.C. 182(f) NO RACT and NO conformity monitoring networks are designed to X X section 603 and 604. Alternatively, EPA requirements. Due to the receipt of provide data representative of an entire may certify that the rule will not have adverse public comments, the original area’s ozone concentration. However, a significant impact on a substantial approval of this request was withdrawn ozone is not distributed evenly number of small entities. Small entities on September 6, 1996. The original throughout the atmosphere and include small businesses, small not-for- proposal notice published on July 11, therefore, an infinite number of profit enterprises, and government 1996, proposed the rule for approval monitors would be required to entities with jurisdiction over and provided for a thirty-day public determine the exact concentration of populations of less than 50,000. ozone at all points. comment period. Therefore, an 8. Under 182(f), the Administrator is additional comment period is not Granting the NOX RACT exemption makes less burdensome the authorized to waive NOX RACT and required. This approval is based upon requirements on those small entities in NOX conformity requirements if the the evidence provided by Tennessee Administrator determines that ‘‘net air showing compliance with the middle Tennessee that are regulated quality benefits are greater in the requirements outlined in the CAA and under the State’s ozone control plan. absence of reductions of oxides of in applicable EPA guidance. EPA feels Accordingly, the Administrator hereby nitrogen from the sources concerned,’’ all comments received have been certifies that this action will not have a or if ‘‘additional reductions of oxides of adequately addressed and is therefore significant economic impact on a nitrogen would not contribute to proceeding with approval of this action. substantial number of small entities. attainment of the national ambient air This action is not a SIP revision and C. Unfunded Mandates quality standards for ozone in the area’’. is not subject to the requirements of The EPA submitted The Role of Ozone section 110 of the CAA. The authority Under section 202 of the Unfunded Precursors in Tropospheric Ozone to approve or disapprove exemptions Mandates Reform Act of 1995 Formation and Control in July 1993, to from NOX requirements under section (‘‘Unfunded Mandates Act’’), signed meet the 185B requirement of the Clean 182 of the CAA was delegated to the into law on March 22, 1995, EPA must Air Act. The Administrator must Regional Administrator from the prepare a budgetary impact statement to consider the 185B report in evaluating Administrator in a memo dated July 6, accompany any proposed or final rule 182(f) NOX exemption requests. 1994, from Jonathan Cannon, Assistant that includes a Federal mandate that Administrator, to the Administrator, may result in estimated costs to State, EPA Response titled, ‘‘Proposed Delegation of local, or tribal governments in the The middle Tennessee area has three Authority: ‘Exemptions from Nitrogen aggregate; or to private sector, of $100 years of attainment data for 1992, 1993, Oxide Requirements Under Clean Air million or more. Under section 205, and 1994, and has continued to attain Act section 182(f) and Related EPA must select the most cost-effective the standard to date in 1996. Therefore, Provisions of the Transportation and and least burdensome alternative that 54946 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations achieves the objectives of the rule and PART 52Ð[AMENDED] comments are received by November 22, is consistent with statutory 1996. If the effective date is delayed, requirements. Section 203 requires EPA 1. The authority citation for part 52 timely notice will be published in the to establish a plan for informing and continues to read as follows: Federal Register. advising any small governments that Authority: 42 U.S.C. 7401–7671q. ADDRESSES: Copies of the State’s may be significantly or uniquely Subpart RRÐTennessee submittal and other information are impacted by the rule. available for inspection during normal EPA has determined that the approval 2. Section 52.2237 is added to read as business hours at the following action does not include a Federal follows: locations: Air Program, Environmental mandate that may result in estimated Protection Agency, Region VIII, 999 costs of $100 million or more to either § 52.2237 NOX RACT and NOX Conformity 18th Street, Suite 500, Denver, Colorado Exemption. State, local, or tribal governments in the 80202–2405; Montana Department of aggregate, or to the private sector. This Approval. EPA is approving the Environmental Quality, 1520 East 6th Federal action approves pre-existing section 182(f) oxides of nitrogen (NOX) Avenue, P.O. Box 200901, Helena, requirements under State or local law, reasonably available control technology Montana 59620–0901; and The Air and and imposes no new Federal (RACT) and NOX conformity exemption Radiation Docket and Information requirements. Accordingly, no request submitted by the Tennessee Center, 401 M Street, SW., Washington, additional costs to State, local, or tribal Department of Environment and DC 20460. governments, or to the private sector, Conservation on March 21, 1995, for the FOR FURTHER INFORMATION CONTACT: result from this action. five county middle Tennessee (Nashville) ozone moderate Vicki Stamper, 8P2–A, Environmental D. Submission to Congress and the nonattainment area. This approval Protection Agency, Region VIII, 999 General Accounting Office exempts the area from implementing 18th Street, Suite 500, Denver, Colorado, (303) 312–6445. Under section 801(a)(1)(A) added by federal NOX RACT on major sources of the Small Business Regulatory NOX and exempts Tennessee from NOX SUPPLEMENTARY INFORMATION: On May Enforcement Fairness Act of 1996, EPA conformity. This approval does not 22, 1995, the Governor of Montana submitted a report containing this rule exempt sources from any State required submitted two SIP submittals which are and other required information to the or State Implementation Plan (SIP) being acted on in this document. One U.S. Senate, the U.S. House of approved NOX controls. If a violation of submittal included changes to the Representatives and the Comptroller the ozone NAAQS occurs in the area, State’s open burning rules. The second General of the General Accounting the exemption from the requirement of submittal included changes to Office prior to publication of the rule in section 182(f) of the CAA in the numerous State regulations to make today’s Federal Register. This rule is applicable area shall not apply. minor administrative amendments. This not a ‘‘major rule’’ as defined by 5 [FR Doc. 96–26875 Filed 10–22–96; 8:45 am] document evaluates the State’s submittals for conformity with the U.S.C. section 804(2). BILLING CODE 6560±50±P corresponding Federal regulations and E. Petitions for Judicial Review the requirements of the Act. Under section 307(b)(1) of the Clean 40 CFR Part 52 I. Procedural Analysis of the State’s Air Act, petitions for judicial review of Submissions this action must be filed in the United [MT001±0001a; FRL±5635±6] The Act requires States to observe States Court of Appeals for the Clean Air Act Approval and certain procedural requirements in appropriate circuit by December 23, Promulgation of State Implementation developing implementation plans and 1996. Filing a petition for Plan for Montana; Revisions to the plan revisions for submission to EPA. reconsideration by the Administrator of Montana Air Pollution Control Program this final rule does not affect the finality Section 110(a)(2) of the Act provides of this rule for the purposes of judicial AGENCY: Environmental Protection that each implementation plan review nor does it extend the time Agency (EPA). submitted by a State must be adopted within which a petition for judicial ACTION: Direct final rule. after reasonable notice and public review may be filed, and shall not hearing. Section 110(l) of the Act postpone the effectiveness of such rule SUMMARY: EPA approves the State similarly provides that each revision to or action. This action may not be implementation plan (SIP) revisions an implementation plan submitted by a challenged later in proceedings to submitted by the Governor of Montana State under the Act must be adopted by enforce its requirements. (See section on May 22, 1995. The revisions being such State after reasonable notice and 307(b)(2).) approved in this document include; public hearing. changes to the State’s open burning The EPA also must determine List of Subjects in 40 CFR Part 52 rules which, among other things, whether a submittal is complete and Environmental protection, Air address deficiencies and add new rules therefore warrants further EPA review pollution control, Intergovernmental for the open burning of Christmas tree and action (see section 110(k)(1) and 57 relations, Nitrogen dioxide, Ozone, waste and open burning for commercial FR 13565, April 16, 1992). The EPA’s Reporting and recordkeeping film or video productions; and changes completeness criteria for SIP submittals requirements. to numerous State regulations to make are set out at 40 CFR part 51, appendix minor administrative amendments and Dated: October 7, 1996. V. The EPA attempts to make to update incorporation by reference completeness determinations within 60 A. Stanley Meiburg, citations. EPA is approving these days of receiving a submission. Acting Regional Administrator. revisions because they are consistent However, a submittal is deemed Part 52 of chapter I, title 40, Code of with the Clean Air Act (Act). complete by operation of law under Federal Regulations, is amended as DATES: This action is effective on section 110(k)(a)(B) if a completeness follows: December 23, 1996 unless adverse determination is not made by EPA Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations 54947 within six months after receipt of the thus addressing EPA’s January 2, 1992 16.8.1301–1310, as in effect on submission. disapproval. September 9, 1994, and 16.8.708, The State of Montana held public EPA’s review of the new ARM 16.8.946, 16.8.1120, 16.8.1429, hearings on May 20, 1994 for the 16.8.1309 and 16.8.1310, which allow 16.8.1702, 16.8.1802, and 16.8.2003, as revisions to the open burning rules and open burning of Christmas tree waste in effect on October 28, 1994. on September 16, 1994 for the other and open burning for commercial film EPA is publishing this action without revisions to entertain public comment or video productions, found these rules prior proposal because the Agency on the SIP revisions, and the rule to be consistent with corresponding views this as a noncontroversial revisions were subsequently adopted at Federal requirements. The State’s rules amendment and anticipates no adverse the respective public hearings by the will only allow these types of open comments. However, in a separate State. These rule revisions were burning if such burning will not document in this Federal Register formally submitted to EPA for approval endanger public health or welfare or publication, EPA is proposing to in the SIP as two separate SIP submittals cause or contribute to a violation of the approve the SIP revision should adverse on May 22, 1995. NAAQS. or critical comments be filed. Under the In a May 18, 1994 letter commenting procedures established in the May 10, The SIP revisions were reviewed by on these regulatory changes, EPA EPA to determine completeness shortly 1994 Federal Register (59 FR 24054), requested that the State provide this action will be effective December after their submittal, in accordance with documentation that the extension of the the completeness criteria referenced 23, 1996 unless, by November 22, 1996, essential agricultural open burning adverse or critical comments are above. The submittals were found to be season will not adversely impact complete, and a letter dated July 27, received. Montana’s PM–10 nonattainment areas. If such comments are received, this 1995 was forwarded to the Governor The State’s response indicated that the indicating the completeness of the action will be withdrawn before the majority of essential agricultural open effective date by publishing a submittals and the next steps to be taken burning ‘‘is done in areas sufficiently in the processing of the SIP submittals. subsequent document that will removed from the PM–10 nonattainment withdraw the final action. All public II. Evaluation of the State’s Submittals areas’’ and that Montana’s fall smoke comments received will then be management program, which is also A. Revisions to the Open Burning Rules addressed in a subsequent final rule used to regulated prescribed wildland based on this action serving as a Numerous revisions were made to the open burning, will minimize the impact proposed rule. EPA will not institute a State’s open burning provisions in rules from smoke during the fall season from second comment period on this action. 16.8.1301–1310 of the Administrative essential agricultural open burning. EPA Any parties interested in commenting Rules of Montana (ARM). Revisions concurs with the State’s response and on this action should do so at this time. were made to address EPA’s January 2, believes the State’s smoke management If no such comments are received, the 1992 disapproval of the State’s previous plan will help to ensure the NAAQS are public is advised that this action will be revisions to its open burning rules (see met. effective on November 22, 1996. 57 FR 23–24) and to add new provisions EPA has reviewed the other revisions Nothing in this action should be addressing open burning of Christmas to the State’s open burning rules and construed as permitting or allowing or tree waste and open burning for believes that the revisions are consistent establishing a precedent for any future commercial film or video productions. with the requirements of the Act. request for revision to any SIP. Each In addition, the State made other Consequently, EPA is approving the request for revision to a SIP shall be revisions to its open burning rules to State’s revisions to its open burning considered separately in light of specific add public participation requirements regulations in ARM 16.8.1301–1310 technical, economic, and environmental for major open burning permits, to add submitted on May 22, 1995. factors and in relation to relevant more specific requirements for open B. Other Minor Administrative statutory and regulatory requirements. burning for firefighter training, to add Regulatory Revisions IV. Administrative Requirements requirements for the issuance of The State’s second May 22, 1995 SIP A. Executive Order 12866 conditional open burning permits, and submittal being acted on in this to extend the essential agricultural document contained minor This action has been classified as a burning period to be the same as administrative revisions and updated Table 3 action for signature by the prescribed wildland open burning the incorporation by reference citations Regional Administrator under the periods and add new provisions for for both Federal regulations and State procedures published in the Federal these types of open burning. procedures. EPA has reviewed the Register on January 19, 1989 (54 FR On January 2, 1992, EPA disapproved revisions and found the revisions to be 2214–2225), as revised by a July 10, the State’s previous SIP revision of its consistent with the requirements of the 1995 memorandum from Mary Nichols, open burning rules because the State Act. Therefore, EPA is approving the Assistant Administrator for Air and had relaxed its rules by allowing the revisions to ARM 16.8.708, 16.8.946, Radiation. The Office of Management open burning of creosote-treated 16.8.1120, 16.8.1429, 16.8.1702, and Budget (OMB) has exempted this railroad ties (which were previously 16.8.1802, and 16.8.2003 submitted on regulatory action from E.O. 12866 prohibited from being open-burned), May 22, 1995. review. and the State did not adequately demonstrate that the SIP relaxation III. Final Action B. Regulatory Flexibility Act would not adversely impact attainment EPA is approving the revisions to the Under the Regulatory Flexibility Act, and/or maintenance of the particulate Montana SIP submitted by the State on 5 U.S.C. 600, et seq., EPA must prepare matter national ambient air quality May 22, 1995, which affect the State’s a regulatory flexibility analysis standards (NAAQS). In the State’s May open burning rules and make other assessing the impact of any proposed or 22, 1995 SIP revision, the State minor administrative changes. final rule on small entities. 5 U.S.C. 603 reinstated the prohibition on open Specifically, EPA is approving revisions and 604. Alternatively, EPA may certify burning of creosote-treated railroad ties, to the following sections of the ARM: that the rule will not have a significant 54948 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations economic impact on a substantial U.S. Senate, the U.S. House of 16.8.1702, 16.8.1802, and 16.8.2003, number of small entities. Small entities Representatives, and the Comptroller effective October 28, 1994. include small businesses, small not-for- General of the General Accounting * * * * * profit enterprises, and government Office prior to publication of the rule in [FR Doc. 96–27006 Filed 10–22–96; 8:45 am] entities with jurisdiction over today’s Federal Register. This rule is BILLING CODE 6560±50±P populations of less than 50,000. not a ‘‘major rule’’ as defined by 5 SIP approvals under section 110 and U.S.C. 804(2). subchapter I, part D of the Clean Air Act 40 CFR Part 52 do not create any new requirements but E. Petitions for Judicial Review simply approve requirements that the [Region 2 Docket No. NJ12±3±157a, VI2± Under section 307(b)(1) of the Clean 3±158a; FRL±5637±8] State is already imposing. Therefore, Air Act, petitions for judicial review of because the Federal SIP approval does this action must be filed in the United Clean Air Act Approval and not impose any new requirements, the States Court of Appeals for the Promulgation of Title V, Section 507, Administrator certifies that it does not appropriate circuit by December 23, Small Business Stationary Source have a significant impact on any small 1996. Filing a petition for Technical and Environmental entities affected. Moreover, due to the reconsideration by the Administrator of nature of the Federal-state relationship Compliance Assistance Program; New this final rule does not affect the finality Jersey and the U.S. Virgin Islands under the Act, preparation of a of this rule for the purposes of judicial flexibility analysis would constitute review nor does it extend the time AGENCY: Environmental Protection Federal inquiry into the economic within which a petition for judicial Agency (EPA). reasonableness of state action. The Act review must be filed, and shall not ACTION: Direct final rule. forbids EPA to base its actions postpone the effectiveness of such rule concerning SIPs on such grounds. or action. This action may not be SUMMARY: The EPA is fully approving Union Electric Co. v. U.S. EPA, 427 U.S. challenged later in proceedings to the State Implementation Plan (SIP) 246, 255–66 (1976); 42 U.S.C. enforce its requirements (see section revisions submitted by the States of 7410(a)(2). 307(b)(2)). New Jersey and the U.S. Virgin Islands C. Unfunded Mandates for the establishment of Compliance List of Subjects in 40 CFR Part 52 Advisory Panels under their Small Under section 202 of the Unfunded Business Stationary Source Technical Environmental protection, Air Mandates Reform Act of 1995 and Environmental Compliance pollution control, Incorporation by (‘‘Unfunded Mandates Act’’), signed Assistance Programs. The SIP revisions reference, Intergovernmental relations, into law on March 22, 1995, EPA must were submitted by New Jersey and the Particulate matter, Reporting and prepare a budgetary impact statement to Virgin Islands to satisfy the Federal recordkeeping requirements. accompany any proposed or final rule mandate, found in the Clean Air Act that includes a Federal mandate that Dated: September 26, 1996. (CAA), that states create a Compliance may result in estimated costs to State, Patricia D. Hull, Advisory Panel which is authorized to local, or tribal governments in the Acting Regional Administrator. determine the state’s effectiveness in aggregate; or to the private sector, of ensuring that small businesses have $100 million or more. Under section Chapter I, title 40 of the Code of access to the technical assistance and 205, EPA must select the most cost- Federal Regulations is amended as regulatory information necessary to effective and least burdensome follows: comply with the CAA. The rationale for alternative that achieves the objectives PART 52Ð[AMENDED] the approval is set forth in this of the rule and is consistent with document; additional information is statutory requirements. Section 203 1. The authority citation for part 52 available at the address indicated in the requires EPA to establish a plan for ADDRESSES section. informing and advising any small continues to read as follows: DATES: This rule is effective on governments that may be significantly Authority: 42 U.S.C. 7401–7671q. December 23, 1996 unless adverse or or uniquely impacted by the rule. EPA has determined that the approval Subpart BBÐMontana critical comments are received by action promulgated does not include a November 22, 1996. If the effective date Federal mandate that may result in 2. Section 52.1370 is amended by is delayed, timely notice will be estimated costs of $100 million or more adding paragraph (c)(43) to read as published in the Federal Register. to either State, local, or tribal follows: ADDRESSES: Copies of all of New Jersey’s governments in the aggregate, or to the § 52.1370 Identification of plan. and the Virgin Islands’ submittals are private sector. This Federal action available for inspection during normal * * * * * approves pre-existing requirements business hours at the EPA Region 2 under state or local law, and imposes no (c) * * * Office, 290 Broadway, 25th Floor, New new Federal requirements. Accordingly, (43) On May 22, 1995, the Governor York, New York 10007–1866. In no additional costs to State, local, or of Montana submitted revisions to the addition, copies can be found at the tribal governments, or to the private plan, which included revisions to the New Jersey Department of sector, result from this action. State’s open burning regulation and Environmental Protection, Office of other minor administrative revisions. Permit Information and Assistance, 401 D. Submission to Congress and the East State Street, Trenton, New Jersey, (i) Incorporation by reference. General Accounting Office attention: Chuck McCarty; and the Under 5 U.S.C. 801(a)(1)(A) as added (A) Revisions to the Administrative Virgin Islands Department of Planning by the Small Business Regulatory Rules of Montana (ARM), 16.8.1301– and Natural Resources, Division of Enforcement Fairness Act of 1996, EPA 1310, effective September 9, 1994; and Environmental Protection, Wheatley submitted a report containing this rule (B) Revisions to the ARM, 16.8.708, Shopping Center #2, St. Thomas, VI and other required information to the 16.8.946, 16.8.1120, 16.8.1429, 00802, attention: Marilyn Stapleton. Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations 54949

All comments should be addressed to: conditional approval on July 5, 1994 (59 comment period on this action. Any Ronald J. Borsellino, Chief, Air FR 34383). A detailed discussion of parties interested in commenting on this Programs Branch, Environmental New Jersey’s and the Virgin Islands’ action should do so at this time. If no Protection Agency, Region 2 Office, 290 PROGRAM and EPA’s evaluations of the such comments are received, the public Broadway, New York, New York 10007– PROGRAM is contained in the above is advised that this action will be 1866. cited Federal Registers. EPA found that effective December 23, 1996. FOR FURTHER INFORMATION CONTACT: New Jersey and the U.S. Virgin Islands Nothing in this action should be Christine Fazio, Permitting Section, Air lacked the requisite authority to construed as permitting or allowing or Programs Branch, at the above EPA establish a CAP. Therefore, EPA establishing a precedent for any future address or at telephone number (212) conditionally approved New Jersey’s request for revision to any state 637–4015. and the U.S. Virgin Islands’ section 507 implementation plan. Each request for programs and stated that full approval revision to the state implementation SUPPLEMENTARY INFORMATION: will be granted once authority to plan shall be considered separately in I. Background establish a CAP has been enacted and light of specific technical, economic, submitted as a SIP revision. Implementation of the provisions of and environmental factors and in the Clean Air Act (CAA), as amended in II. Summary of Submittal relation to relevant statutory and regulatory requirements. 1990, will require regulation of many Section 507(e) requires the State to small businesses so that areas may establish a CAP that must include two Administrative Requirements attain and maintain the national members selected by the Governor who Executive Order 12866 ambient air quality standards (NAAQS) are not owners or representatives of and reduce the emission of air toxics. owners of small businesses; four This action has been classified as a Small businesses frequently lack the members selected by the State Table 3 action for signature by the technical expertise and financial legislature who are owners, or represent Regional Administrator under the resources necessary to evaluate such owners, of small businesses; and one procedures published in the Federal regulations and to determine the member selected by the head of the Register on January 19, 1989 (54 FR appropriate mechanisms for agency in charge of the Air Pollution 2214–2225), as revised by a July 10, compliance. In anticipation of the Permit Program. The Governor of New 1995 memorandum from Mary Nichols, impact of these requirements on small Jersey signed Chapter 188 of the Laws Assistant Administrator for Air and businesses, the CAA requires that states of New Jersey on August 2, 1995. New Radiation. The Office of Management adopt a Small Business Stationary Jersey’s law specified the CAP’s make- and Budget (OMB) has exempted this Source Technical and Environmental up, terms, and duties consistent with regulatory action from E.O. 12866 Compliance Assistance Program section 507 of the CAA. The Governor review. (PROGRAM), and submit this of the U.S. Virgin Islands signed Act No. Regulatory Flexibility Act PROGRAM as a revision to the Federally 6011 on September 2, 1994 which approved SIP. In addition, the CAA authorizes the establishment of a CAP. Under the Regulatory Flexibility Act, directs the Environmental Protection Act No. 6011 specifies the CAP’s make- 5 U.S.C. 600 et seq., EPA must prepare Agency (EPA) to oversee these small up, terms, and duties consistent with a regulatory flexibility analysis business assistance programs and report the requirements in section 507 of the assessing the impact of any proposed or to Congress on their implementation. CAA. final rule on small entities. 5 U.S.C. 603 The requirements for establishing a and 604. Alternatively, EPA may certify PROGRAM are set out in section 507 of III. Final Action that the rule will not have a significant Title V of the CAA. In February 1992, EPA is fully approving the SIP impact on a substantial number of small EPA issued Guidelines for the revisions submitted by New Jersey and entities. Small entities include small Implementation of Section 507 of the the U.S. Virgin Islands. The revisions businesses, small not-for-profit 1990 Clean Air Act Amendments (Final satisfy the requirements of section 507 enterprises, and government entities Guidelines) in order to delineate the of the CAA. with jurisdiction over populations of federal and state roles in meeting the The EPA is publishing this action less than 50,000. new statutory provisions and as a tool without prior proposal because the By today’s action, EPA is fully to provide further guidance to the states Agency views this as a noncontroversial approving State programs created for the on submitting acceptable SIP revisions. amendment and anticipates no adverse purpose of assisting small businesses in In order to gain full approval, the state comments. However, in a separate complying with existing statutory and submittal must provide for each of the document in this Federal Register regulatory requirements. The programs following PROGRAM components: (1) publication, the EPA is proposing to being fully approved today do not The establishment of a Small Business approve the SIP revision should adverse impose any new regulatory burden on Assistance Program (SBAP) to provide or critical comments be filed. This small businesses; they are programs technical and compliance assistance to action will be effective December 23, under which small businesses may elect small businesses; (2) the establishment 1996 unless, by November 22, 1996, to take advantage of assistance provided of a State Small Business Ombudsman adverse or critical comments are by the State. Therefore, because the full to represent the interests of small received. approval does not impose any new businesses in the regulatory process; If the EPA receives such comments, regulatory requirements on small and (3) the creation of a Compliance this action will be withdrawn before the businesses, EPA certifies that this action Advisory Panel (CAP) to determine and effective date by publishing a does not have a significant economic report on the overall effectiveness of the subsequent notice that will withdraw impact on any small entities affected. SBAP. the final action. All public comments EPA proposed to conditionally received will be addressed in a Unfunded Mandates approve New Jersey’s and the U.S. subsequent final rule based on this Under section 202 of the Unfunded Virgin Islands’ SIPs on December 21, action serving as a proposed rule. The Mandates Reform Act of 1995 1993 (58 FR 67383) and finalized the EPA will not institute a second (‘‘Unfunded Mandates Act’’), signed 54950 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations into law on March 22, 1995, EPA must List of Subjects in 40 CFR Part 52 ADDRESSES: Copies of Ohio’s final prepare a budgetary impact statement to Environmental protection, Air Authorization Revision Application are accompany any proposed or final rule pollution control, Small business available for inspection and copying that includes a Federal mandate that assistance program. from 9 a.m. to 4 p.m., at the following may result in estimated costs to State, addresses: Ms. Kit Arthur, Ohio Dated: September 30, 1996. local, or tribal governments in the Environmental Protection Agency, 1800 aggregate; or to private sector, of $100 William J. Muszynski, WaterMark Drive, Columbus, Ohio million or more. Under section 205, Acting Regional Administrator. 43215, Phone 614/644–3174; Mr. EPA must select the most cost-effective For the reasons set forth in the Timothy O’Malley, U.S. EPA Region 5, and least burdensome alternative that preamble, the State implementation DR–7J, 77 W. Jackson, Chicago, Illinois achieves the objectives of the rule and Plan revisions which were conditionally 60604, Phone 312/886–6085. Written is consistent with statutory approved and listed in 40 CFR 52.1607 comments should be sent to Mr. Timothy O’Malley, U.S. EPA Region 5, requirements. Section 203 requires EPA and 52.2782 (59 FR 34386, July 5, 1994) DR–7J, 77 W. Jackson (DR–7J), Chicago, to establish a plan for informing and are fully approved. Illinois, 60604, Phone (312) 886–6085. advising any small governments that [FR Doc. 96–27130 Filed 10–22–96; 8:45 am] FOR FURTHER INFORMATION CONTACT: Mr. may be significantly or uniquely BILLING CODE 6560±50±P Timothy O’Malley, Ohio Regulatory impacted by the rule. Specialist, U.S. EPA Region 5, DR–7J, 77 EPA has determined that the approval 40 CFR Part 271 West Jackson Blvd., Chicago, Illinois, action promulgated does not include a 60604, (312) 886–6085. Federal mandate that may result in estimated costs of $100 million or more [FRL±5638±1] SUPPLEMENTARY INFORMATION to either State, local, or tribal Ohio: Authorization of State Hazardous A. Background governments in the aggregate, or to the Waste Management Program States with final authorization under private sector. This federal action section 3006(b) of RCRA, 42 U.S.C. approves pre-existing requirements AGENCY: Environmental Protection 6929(b), have a continuing obligation to under State or local law, and imposes Agency. maintain a hazardous waste program no new Federal requirements. ACTION: Immediate final rule. that is equivalent to, consistent with, Accordingly, no additional costs to and no less stringent than the Federal State, local, or tribal governments, or to SUMMARY: Ohio submitted an hazardous waste program. In addition, the private sector, result from this application seeking final authorization as an interim measure, the Hazardous of revisions to its hazardous waste action. and Solid Waste Amendments of 1984 program under the Resource (Public Law 98–616, November 8, 1984, Submission to Congress and the General Conservation and Recovery Act of 1976, hereinafter HSWA) allows States to Accounting Office as amended (RCRA). The application revise their programs to become included a program description, a Under 5 U.S.C. 801(a)(1)(A) as added substantially equivalent instead of statement by the Ohio Attorney General, equivalent to RCRA requirements by the Small Business Regulatory a memorandum of agreement, and the promulgated under HSWA authority. Enforcement Fairness Act of 1996, EPA revisions to Ohio’s Administrative States exercising the latter option submitted a report containing this rule Code. The Environmental Protection receive interim authorization for the and other required information to the Agency (EPA) has reviewed Ohio’s HSWA requirements under Section U.S. Senate, the U.S. House of application and has reached a decision, 3006(g) of RCRA, 42 U.S.C. 6926(g), and Representatives and the Comptroller subject to public review and comment, later apply for final authorization for the General of the General Accounting that these hazardous waste program HSWA requirements. Office prior to publication of the rule in revisions satisfy all the requirements In accordance with 40 CFR 271.21, today’s Federal Register. This rule is necessary to qualify for final revisions to State hazardous waste not a ‘‘major rule’’ as defined by 5 authorization. Thus, EPA intends to programs are necessary when Federal or U.S.C. section 804(2). grant final authorization to Ohio to State statutory or regulatory authority is operate its expanded program, subject to modified or when certain other changes Petitions for Judicial Review authority retained by EPA under the occur. Most commonly, State program Hazardous and Solid Waste Under section 307(b)(1) of the Clean revisions are necessitated by changes to Amendments of 1984 (Pub. L. 98–616, EPA’s regulations in 40 CFR Parts 124, Air Act, petitions for judicial review of November 8, 1984, hereinafter HSWA). this action must be filed in the United 260–266, 268, and 270. EFFECTIVE DATE: Final authorization for States Court of Appeals for the Ohio shall be effective on December 23, B. Ohio appropriate circuit by December 23, 1996 unless EPA publishes a prior Ohio initially received final 1996. Filing a petition for Federal Register (FR) action authorization for its program effective reconsideration by the Administrator of withdrawing this immediate final rule. June 30, 1989 (54 FR 27170). this final rule does not affect the finality All comments on Ohio’s final Subsequently, Ohio received of this rule for the purposes of judicial authorization must be received by 4:30 authorization for revisions to its review nor does it extend the time p.m. central time on November 22, program, which became effective on within which a petition for judicial 1996. If an adverse comment is received, June 7, 1991 (56 FR 14203), August 19, review may be filed, and shall not EPA will publish either: a withdrawal of 1991 (56 FR 28008), and September 25, postpone the effectiveness of such rule this immediate final rule or a document 1995 (60 FR 38502). On September 10, or action. This action may not be containing a response to the comment 1996, Ohio submitted a final program challenged later in proceedings to which either affirms that the immediate revision application for additional enforce its requirements. (See section final decision takes effect or reverses the program approvals. Today, Ohio is 307(b)(2).) decision. seeking approval of this program Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations 54951 revision in accordance with 40 CFR Copies of Ohio’s application for decision, or (2) a notice containing a 271.21(b)(3). program revision are available for response to comments which either EPA has reviewed Ohio’s application, inspection and copying at the locations affirms that the immediate final and has made an immediate final indicated in the ADDRESSES section of decision takes effect or reverses the decision that Ohio’s hazardous waste this notice. decision. program revisions satisfy all of the Approval of Ohio’s program revision requirements necessary to qualify for shall become effective in 60 days unless On December 23, 1996, Ohio will be final authorization. Consequently, EPA an adverse comment pertaining to the authorized to carry out, in lieu of the intends to grant final authorization for State’s revision discussed in this notice Federal program, those provisions of the the additional program modifications to is received by the end of the comment State’s program which are analogous to Ohio. The public may submit written period. If an adverse comment is the following provisions of the Federal comments on EPA’s immediate final received, EPA will publish either (1) A program: decision up until November 22, 1996. withdrawal of the immediate final

Federal requirement Analogous State authority

HSWA Codification RuleÐCorrective Action, July 15, 1985, (50 FR Ohio Administrative Code (OAC) 3745±55±011 (A) and (B); effective 28702).1. June 29, 1990. OAC 3745±50±46 (A)(1)(b)(vii) and (B); 3745±54± 90(A); effective February 11, 1992. HSWA Codification Rule 2ÐPermit Application Requirements Regard- Ohio Administrative Code (OAC) 3745±50±44 (B) and (D), (D)(1)(a)± ing Corrective Action, December 1, 1987, (52 FR 45788)1. (e), (D)(2) and (D)(3); effective April 15, 1993. HSWA Codification Rule 2ÐCorrective Action Beyond the Facility Ohio Administrative Code (OAC) 3745±55±01(E), (E) (1) and (2); effec- Boundary, December 1, 1987, (52 FR 45788).1. tive February 11, 1992. OAC 3745±55±011(C); effective June 29, 1990. 1 Indicates HSWA requirement.

EPA shall administer any RCRA D. Codification in Part 272 not impose new or additional enforceable duties on any State, local or hazardous waste permits, or portions of EPA incorporates by reference tribal governments or the private sector permits, that contain conditions based authorized State programs in Part 272 of because the requirements of the Ohio upon the Federal program provisions for 40 CFR to provide notice to the public program are already imposed by the which the State is applying for of the scope of the authorized program State and subject to State law. Second, authorization, and which were issued in each State. Incorporation by reference the Act also generally excludes from the by EPA prior to the effective date of this of the Ohio program will be completed definition of a ‘‘Federal mandate’’ duties authorization. EPA has previously at a later date. suspended issuance of permits for the that arise from participation in a other provisions on June 30, 1989, June Compliance With Executive Order voluntary Federal program. Ohio’s 7, 1991, August 19, 1991, and 12866 participation in an authorized September 25, 1995, the effective dates hazardous waste program is voluntary. The Office of Management and Budget Even if today’s rule did contain a of Ohio’s final authorization for the has exempted this rule from the Federal mandate, this rule will not RCRA base program, and for subsequent requirements of Section 6 of Executive result in annual expenditures of $100 program revisions. Order 12866. million or more for State, local, and/or Ohio is not authorized to operate the Unfunded Mandates Reform Act tribal governments in the aggregate, or Federal program on Indian lands. This the private sector. Costs to State, local authority remains with EPA unless Title II of the Unfunded Mandates and/or tribal governments already exist provided otherwise in a future statute or Reform Act of 1995 (UMRA), Pub. L. under the Ohio program, and today’s regulation. 104–4, establishes requirements for action does not impose any additional Federal agencies to assess the effects of obligations on regulated entities. In fact, C. Decision certain regulatory actions on State, EPA’s approval of State programs local, and tribal governments and the generally may reduce, not increase, I conclude that Ohio’s program private sector. Under sections 202 and revision meets all of the statutory and compliance costs for the private sector. 205 of the UMRA, EPA generally must The requirements of section 203 of regulatory requirements established by prepare a written statement of economic UMRA also do not apply to today’s RCRA described in its revised program and regulatory alternatives analyses for action. Before EPA establishes any application, subject to the limitations of proposed and final rules with Federal regulatory requirements that may the HSWA. Accordingly, EPA grants mandates, as defined by the UMRA, that significantly or uniquely affect small Ohio final authorization to operate its may result in expenditures to State, governments, section 203 of the UMRA hazardous waste program as revised. local, and tribal governments, in the requires EPA to develop a small Ohio currently has responsibility for aggregate, or to the private sector, of government agency plan. This rule permitting treatment, storage, and $100 million or more in any one year. contains no regulatory requirements that disposal facilities within its borders and The section 202 and 205 requirements might significantly or uniquely affect carrying out other aspects of the RCRA do not apply to today’s action because small governments. The Agency program and its amendments. Ohio also it is not a ‘‘Federal mandate’’ and recognizes that although small has primary enforcement because it does not impose annual costs governments may be hazardous waste responsibilities, although EPA retains of $100 million or more. generators, transporters, or own and/or the right to conduct inspections under Today’s rule contains no Federal operate TSDFs, they are already subject section 3007 of RCRA, and to take mandates for State, local or tribal to the regulatory requirements under enforcement actions under sections governments or the private sector for existing State law which are being 3008, 3013, and 7003 of RCRA. two reasons. First, today’s action does authorized by EPA, and, thus, are not 54952 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations subject to any additional significant or Intergovernmental relations, Penalties, § 11.31 EAS protocol. unique requirements by virtue of this Reporting and recordkeeping * * * * * program approval. requirements, Water pollution control, (c) The EAS protocol, including any Water supply. codes, must not be amended, extended Certification Under the Regulatory Flexibility Act Authority: This notice is issued under the or abridged without FCC authorization. authority of Sections 2002(a), 3006 and The EAS protocol and message format EPA has determined that this 7004(b) of the Solid Waste Disposal Act as are specified in the following authorization will not have a significant amended 42 U.S.C. 6912(a), 6926, and representation. Examples are also economic impact on a substantial 6974(b). provided in the EAS Operating number of small entities. Such small Dated: October 8, 1996. Handbook. entities which are hazardous waste David A. Ullrich, [PREAMBLE] ZCZC - ORG - EEE - PSSCCC generators, transporters, or which own Acting Regional Administrator. + TTTT - JJJHHMM - LLLLLLLL - and/or operate TSDFs are already [FR Doc. 96–26917 Filed 10–22–96; 8:45 am] (one second pause) subject to the regulatory requirements [PREAMBLE] ZCZC - ORG - EEE - PSSCCC BILLING CODE 6560±50±P under existing State law which are + TTTT - JJJHHMM - LLLLLLLL - being authorized by EPA. EPA’s (one second pause) authorization does not impose any [PREAMBLE] ZCZC - ORG - EEE - PSSCCC additional burdens on these small FEDERAL COMMUNICATIONS + TTTT - JJJHHMM - LLLLLLLL - entities. This is because EPA’s COMMISSION (at lease a one second pause) (transmission of 8 to 25 seconds of Attention authorization would simply result in an Signal) administrative change, rather than a 47 CFR Part 11 (transmission of audio, video or text change in the substantive requirements messages) imposed on these small entities. [FO Docket Nos. 91±301 and 91±171; FCC (at least a one second pause) Therefore, EPA provides the following 94±288] [PREAMBLE] NNNN certification under the Regulatory (one second pause) Emergency Alert System; Correction Flexibility Act, as amended by the [PREAMBLE] NNNN (one second pause) Small Business Regulatory Enforcement AGENCY: Federal Communications [PREAMBLE] NNNN Fairness Act. Pursuant to the provision Commission. (at least one second pause) at 5 U.S.C. 605(b), I hereby certify that ACTION: Correcting amendments. [PREAMBLE] This is a consecutive string this authorization will not have a of bits (sixteen bytes of AB hexadecimal [8 significant economic impact on a SUMMARY: This document contains bit byte 10101011]) sent to clear the system, substantial number of small entities. corrections to the final regulations set AGC and set asynchoronous decoder This authorization approves regulatory which were published Monday, clocking cycles. The preamble must be requirements under existing State law to November 6, 1995, (60 FR 55999). The transmitted before each header and End Of which small entities are already subject. regulations related to the Emergency Message code. It does not impose any new burdens on Alert System. ZCZC- This is the identifier, sent as ASCII characters ZCZC to indicate the start small entities. This rule, therefore, does EFFECTIVE DATE: October 23, 1996. of ASCII code. not require a regulatory flexibility FOR FURTHER INFORMATION CONTACT: ORG- This is the Originator code and analysis. Frank Lucia, (202) 418–1220. indicates who originally initiated the Submission to Congress and the activation of the EAS. These codes are General Accounting Office. Under 5 SUPPLEMENTARY INFORMATION: specified in paragraph (d) of this section. EEE- This is the Event code and indicates U.S.C. 801(a)(1)(A) as added by the Background Small Business Regulatory Enforcement the nature of the EAS activation. The codes Fairness Act of 1996, EPA submitted a The final regulations that are the are specified in paragrah (e) of this section. report containing this rule and other subject of these corrections affect the The Event codes must be compatible with the codes used by the NWS Weather Radio required information to the U.S. Senate, Emergency Alert System protocol and message format. Specific Area Message Encoder (WRSAME). the U.S. House of Representatives and PSSCCC- This is the Location code and the Comptroller General of the General Need for Correction indicates the geographic area affected by the Accounting Office prior to publication EAS alert. There may be 31 Location codes of the rule in today’s Federal Register. As published, the final regulations in an EAS alert. The Location code uses the This rule is not a ‘‘major rule’’ as contain errors which may prove to be Federal Information Processing System defined by 5 U.S.C. 804(2). misleading and are in need of (FIPS) numbers as described by the U.S. clarification. Department of Commerce in National Paperwork Reduction Act Institute of Standards and Technology List of Subjects in 47 CFR Part 11 Under the Paperwork Reduction Act, publication 772. Each state is assigned an SS Emergency Alert System. number as specified in paragraph (f) of this 44 U.S.C. § 3501 et seq., Federal section. Each county is assigned a CCC agencies must consider the paperwork number. A CCC number of 000 refers to an burden imposed by any information PART 11ÐEMERGENCY ALERT SYSTEM (EAS) entire State or Territory. P defines county request contained in a proposed rule or subdivisions as follows: 0 = all or an a final rule. This rule will not impose Accordingly, 47 CFR Part 11 is unspecified portion of a county, 1 = any information requirements upon the corrected by making the following Northwest, 2 = North Central, 3 = Northeast, regulated community. 4 = West Central, 5 = Central, 6 = East correcting amendments: Central, 7 = Southwest, 8 = South Central, 9 List of Subjects in 40 CFR Part 271 1. The authority citation for Part 11 = Southeast. Other numbers may be continues to read as follows: Environmental protection, designated later for special applications. The use of county subdivisions will probably be Administrative practice and procedure, Authority: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g) and 606. rare and generally for oddly shaped or Confidential business information, unusually large counties. Any subdivisions Hazardous materials transportation, 2. In § 11.31, paragraph (c) is revised must be defined and agreed to by the local Hazardous waste, Indian lands, to read as follows: officials prior to use. Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations 54953

+TTTT- This indicates the valid time PART 68ÐCONNECTION OF Fishery Management Council under period of a message in 15 minute segments TERMINAL EQUIPMENT TO THE authority of the Magnuson Fishery up to one hour and then in 30 minute TELEPHONE NETWORK Conservation and Management Act. segments beyond one hour; i.e., +0015, Fishing by U.S. vessels is governed by +0030, +0045, +0100, +0430 and +0600. Accordingly, 47 CFR Part 68 is JJJHHMM- This is the day in Julian regulations implementing the FMP at corrected by making the following subpart H of 50 CFR part 600 and 50 Calender days (JJJ) of the year and the time correcting amendment: in hours and minutes (HHMM) when the CFR part 679. message was initially released by the 1. The authority citation for Part 68 In accordance with § 679.20(c)(3)(iii), originator using 24 hour Universal continues to read as follows: the second seasonal allowance of Coordinated Time (UTC). Authority: 47 U.S.C. 151, 154, 155, 201– pollock for vessels catching pollock for LLLLLLLL- This is the call sign or other 205, 208, 215, 218, 220, 226, 227, 303, 313, processing by the offshore component in identification of the broadcast station, or 314, 403, 404, 410, 412, 522. the BS was established by the Final NWS office transmitting or retransmitting the 1996 Harvest Specifications of message. These codes will be automatically § 68.300 [Corrected] affixed to all outgoing messages by the EAS Groundfish (61 FR 4311, February 5, 2. Section 68.300 is amended by 1996), and subsequent reserve encoder. removing the second paragraph ‘‘(c)’’ NNNN- This is the End of Message (EOM) apportionment (61 FR 16085, April 11, designator and adding in its place the 1996) as 419,623 metric tons (mt). code sent as a string of four ASCII N paragraph designator ‘‘(d)’’. characters. The Director, Alaska Region, NMFS * * * * * Federal Communications Commission. (Regional Director) has established a Federal Communications Commission. William F. Caton, directed fishing allowance of 397,623 William F. Caton, Acting Secretary. mt and set aside the remaining 22,000 Acting Secretary. [FR Doc. 96–27135 Filed 10–22–96; 8:45 am] mt as bycatch to support directed [FR Doc. 96–27136 Filed 10–22–96; 8:45 am] BILLING CODE 6712±01±P fishing for other species in the BS. The Regional Director has determined in BILLING CODE 6712±01±P accordance with § 679.20(d)(1)(iii), that DEPARTMENT OF COMMERCE the second seasonal allowance of 47 CFR Part 68 pollock TAC for vessels catching National Oceanic and Atmospheric pollock for processing by the offshore Administration component in the BS soon will be [FCC 96±1] reached. Consequently, NMFS is closing Labelling Requirements; Correction 50 CFR Part 679 directed fishing for pollock by vessels [Docket No. 960129019±6019±01; I.D. catching pollock for processing by the AGENCY: Federal Communications 101696B] offshore component in the BS. Commission. Maximum retainable bycatch amounts ACTION: Correcting amendments. Fisheries of the Exclusive Economic for applicable gear types may be found Zone Off Alaska; Offshore Component in the regulations at § 679.20(e). SUMMARY: This document contains of Pollock in the Bering Sea Subarea Classification corrections to the final regulations AGENCY: National Marine Fisheries which were published Thursday, This action is taken under § 679.20 Service (NMFS), National Oceanic and August 15, 1966 (61 FR 42386). The and is exempt from review under E.O. Atmospheric Administration (NOAA), regulations related to labelling 12866. Commerce. requirements contained in § 68.300(c). Authority: 16 U.S.C. 1801 et seq. ACTION: Closure. EFFECTIVE DATE: November 13, 1996. Dated: October 16, 1996. FOR FURTHER INFORMATION CONTACT: Bill SUMMARY: NMFS is closing directed Bruce Morehead, von Alven, Senior Engineer, (202) 418– fishing for pollock by vessels catching Acting Director, Office of Sustainable 2342 or Marian Gordon, Special pollock for processing by the offshore Fisheries, National Marine Fisheries Service. Counsel, Networks Services Division, component in the Bering Sea subarea [FR Doc. 96–27080 Filed 10–17–96; 4:13 pm] Common Carrier Bureau, (202) 418– (BS) of the Bering Sea and Aleutian BILLING CODE 3510±22±F 2337. Islands management area (BSAI). This action is necessary to prevent exceeding SUPPLEMENTARY INFORMATION: the second seasonal allowance of the 50 CFR Part 679 Background pollock total allowable catch (TAC) allocated to vessels harvesting pollock [I.D. 082796E] The final regulations that are the for processing by the offshore subject of these corrections set forth the component in this area. Fisheries of the Exclusive Economic labelling requirements that must be EFFECTIVE DATE: 1200 hrs, Alaska local Zone Off Alaska; Scallop Fishery followed to register equipment under Closure; Correction Part 68. time (A.l.t.), October 17, 1996, until 2400 hrs, A.l.t., December 31, 1996. AGENCY: Need for Correction National Marine Fisheries FOR FURTHER INFORMATION CONTACT: Service (NMFS), National Oceanic and As published, the final regulations Mary Furuness, 907–586-7228. Atmospheric Administration (NOAA), contain an error which may prove to be SUPPLEMENTARY INFORMATION: The Commerce. misleading and is in need of groundfish fishery in the BSAI exclusive ACTION: Correction to a closure clarification. economic zone is managed by NMFS notification. according to the Fishery Management List of Subjects in 47 CFR Part 68 Plan for the Groundfish Fishery of the SUMMARY: This document contains a Registered terminal equipment, Bering Sea and Aleutian Islands Area correction to a closure notification (I.D. Telephone. (FMP) prepared by the North Pacific 082796E), which was published 54954 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Rules and Regulations

Tuesday, September 3, 1996 (61 FR Need for Correction 082796E), which was the subject of FR 46399). In accordance with § 679.62(c), the Doc. 96–22369, is corrected as follows: EFFECTIVE DATE: 0800 hours, Alaska Director, Alaska Region, NMFS, On page 46400, in the first column, local time (A.l.t.), August 27, 1996, determined that the scallop TAC for this the EFFECTIVE DATE section should read through 2400 hours, A.l.t., June 30, area had been reached and NMFS as follows: EFFECTIVE DATE: 0800 hours, 1997. prohibited the taking and retention of Alaska local time (A.l.t.), August 27, FOR FURTHER INFORMATION CONTACT: scallops in this area effective at 0800 1996, through 2400 hours, A.l.t., June Mary Furuness, 907–586–7228. hours, A.l.t., August 27, 1996. Under 30, 1997. § 679.62(a)(2)(ii), annual scallop TACs SUPPLEMENTARY INFORMATION: are specified for the 12-month time On page 46400, in the third column, the third and fourth lines should read as Background period extending from July 1 through June 30 of the following year. Therefore, follows: On September 3, 1996, NMFS this closure should only have been August 27, 1996, through 2400 hours, published notification in the Federal effective through the end of the current A.l.t., June 30, 1997. Register announcing closure of the fishing year which expires at 2400 Authority: 16 U.S.C. 1801 et seq. directed fishery for scallops in the hours, A.l.t., June 30, 1997. However, Kamishak Bay District of Registration the closure notification published Dated: October 16, 1996. Area H (Cook Inlet). The closure was September 3, 1996, inadvertently Bruce Morehead, intended to be effective through the end extended the closure through 1159 Acting Director, Office of Sustainable of the current fishing year, 2400 hours, hours, A.l.t., July 1, 1997. Fisheries, National Marine Fisheries Service. A.l.t., June 30, 1997. The action was necessary to prevent exceeding the total Correction of Publication [FR Doc. 96–27076 Filed 10–22–96; 8:45 am] allowable catch (TAC) of scallops in this Accordingly, the publication on BILLING CODE 3510±22±F area. September 3, 1996, of the closure (I.D. 54955

Proposed Rules Federal Register Vol. 61, No. 206

Wednesday, October 23, 1996

This section of the FEDERAL REGISTER location between 9:00 a.m. and 3:00 96–NM–65–AD, 1601 Lind Avenue, contains notices to the public of the proposed p.m., Monday through Friday, except SW., Renton, Washington 98055–4056. issuance of rules and regulations. The Federal holidays. Discussion purpose of these notices is to give interested The service information referenced in persons an opportunity to participate in the the proposed rule may be obtained from On May 25, 1990, the FAA issued AD rule making prior to the adoption of the final Airbus Industrie, 1 Rond Point Maurice 90–12–13, amendment 39–6625 (55 FR rules. Bellonte, 31707 Blagnac Cedex, France. 23190, June 7, 1990), which is This information may be examined at applicable to Airbus Model A300–600 DEPARTMENT OF TRANSPORTATION the FAA, Transport Airplane and A310 series airplanes equipped Directorate, 1601 Lind Avenue, SW., with pre-modification 5844D4829 Federal Aviation Administration Renton, Washington. rudders. That AD requires repetitive FOR FURTHER INFORMATION CONTACT: Tim visual inspections and tap tests of the 14 CFR Part 39 Backman, Aerospace Engineer, rudder skin panels to detect disbonding and cracking; and repairs, if necessary. [Docket No. 96±NM±65±AD] Standardization Branch, ANM–113, FAA, Transport Airplane Directorate, That AD was prompted by reports of RIN 2120±AA64 1601 Lind Avenue, SW., Renton, disbonding and cracking in the layers of the rudder skin panels, as well as Airworthiness Directives; Airbus Model Washington 98055–4056; telephone (206) 227–2797; fax (206) 227–1149. rupture of the honeycomb core of the A300±600 and A310 Series Airplanes rudder. The requirements of that AD are Equipped With Pre-Modification SUPPLEMENTARY INFORMATION: intended to prevent loss of stiffness in 5844D4829 Rudders Comments Invited the rudder which, if not corrected, could reduce the structural integrity of AGENCY: Federal Aviation Interested persons are invited to Administration, DOT. the rudder, and consequently lead to a participate in the making of the reduction in its ability to sustain limit ACTION: Notice of proposed rulemaking proposed rule by submitting such loads. (NPRM). written data, views, or arguments as At the time AD 90–12–13 was issued, they may desire. Communications shall SUMMARY: This document proposes the the FAA considered it to be interim identify the Rules Docket number and supersedure of an existing airworthiness action because the manufacturer was be submitted in triplicate to the address directive (AD), applicable to certain attempting to determine the extent and specified above. All communications Airbus Model A300–600 and A310 nature of the disbonding and cracking received on or before the closing date series airplanes, that currently requires within the fleet, and was developing a for comments, specified above, will be repetitive visual inspections and tap repetitive inspection schedule. considered before taking action on the tests of the rudder skin panels to detect Additionally, the manufacturer had proposed rule. The proposals contained disbonding; and repairs, if necessary. advised that it was developing a in this notice may be changed in light That AD was prompted by reports of modification of the rudder that would of the comments received. weakening of the bonding material preclude the need for repetitive Comments are specifically invited on between the core of the rudder and its inspections. the overall regulatory, economic, inner and outer skin, and cracking of the environmental, and energy aspects of Actions Since Issuance of Previous AD core. The proposed action would add the proposed rule. All comments Since the issuance of that AD, the repetitive elasticity laminate checker submitted will be available, both before Direction Ge´ne´rale de l’Aviation Civile (ELCH) inspections of the rudder in and after the closing date for comments, (DGAC), which is the airworthiness place of the currently required tap tests. in the Rules Docket for examination by authority for France, notified the FAA It also would require replacement of the interested persons. A report that it has received additional reports rudder with a modified rudder, which summarizing each FAA-public contact indicating that disbonding had occurred would terminate the repetitive concerned with the substance of this on certain Airbus Model A310 series inspections. These actions are intended proposal will be filed in the Rules airplanes between the inner skin and to detect and prevent disbonding of the Docket. the honeycomb core of the rudder; this rudder, which, if not corrected, could Commenters wishing the FAA to disbonding had led to cracking and reduce the structural integrity of the acknowledge receipt of their comments rupture of the core and outer skin of the rudder, and consequently lead to a submitted in response to this notice rudder. The affected airplanes had reduction in its ability to sustain limit must submit a self-addressed, stamped accumulated between 9,500 and 15,000 loads. postcard on which the following hours time-in-service, and between DATES: Comments must be received by statement is made: ‘‘Comments to 5,200 and 15,000 flight cycles. December 2, 1996. Docket Number 96–NM–65–AD.’’ The Investigation has revealed that 80 ADDRESSES: Submit comments in postcard will be date stamped and Model A300–600 and A310 series triplicate to the Federal Aviation returned to the commenter. airplanes, among the earliest Administration (FAA), Transport manufactured, may have a rudder in Airplane Directorate, ANM–103, Availability of NPRMs which the bond between the honeycomb Attention: Rules Docket No. 96–NM– Any person may obtain a copy of this core and the inner and outer skins was 65–AD, 1601 Lind Avenue, SW., NPRM by submitting a request to the made using a bridging layer of aramide Renton, Washington 98055–4056. FAA, Transport Airplane Directorate, carbon hybride laminate. Laboratory Comments may be inspected at this ANM–103, Attention: Rules Docket No. analysis has shown that flight cycles, 54956 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules over time, gradually weaken this bond, determined that AD action is necessary would require that the modified rudder leading to areas of disbonding and for products of this type design that are be installed within 5 years, as cracking, which can spread rapidly certificated for operation in the United terminating action for the inspections. throughout the rudder. This condition, States. The FAA has determined that long-term, if not corrected, could reduce the continued operational safety will be Explanation of Requirements of structural integrity of the rudder, and Proposed Rule better assured by modifications or consequently lead to a reduction in its design changes to remove the source of ability to sustain limit loads. Since an unsafe condition has been the problem, rather than by repetitive Additionally, the manufacturer identified that is likely to exist or inspections. Long-term inspections may recently has developed an elasticity develop on other airplanes of the same not be providing the degree of safety laminate checker (ELCH) inspection, type design registered in the United assurance necessary for the transport which relies on a vacuum principle to States, the proposed AD would airplane fleet. This, coupled with a detect and assess areas of disbonding supersede AD 90–12–13 to continue to better understanding of the human and cracking. This inspection, which require repetitive visual inspections of factors associated with numerous can detect disbonding defects as small the rudder skin panels. It would repetitive inspections, has led the FAA as 120 mm in diameter, is considered to eliminate the currently required tap to consider placing less emphasis on be more reliable than the tap test that is tests, and instead require ELCH special procedures and more emphasis currently required by AD 90–12–13. inspections of the rudder skin panels. If on design improvements. The proposed The manufacturer also has developed defects are detected, repair would be modification requirement is in a modified rudder which, if installed, required. All inspections and the repair consonance with these considerations. would eliminate the need for both types of smaller areas of disbonding or of repetitive inspections. cracking would be required to be carried Cost Impact out in accordance with the applicable Explanation of Relevant Service There are approximately 44 Model inspection service bulletins described Information A310 and Model A300–600 series previously; repairs of the largest airplanes of U.S. registry that would be Airbus has issued Service Bulletins defective areas, however, would have to affected by this proposed AD. A300–55–6008 (for Model A300–600 be performed in a manner approved by The tap tests that are currently series airplanes) and A310–55–2010 (for the FAA. required by AD 90–12–13 take Model A310 series airplanes), both Until an initial ELCH inspection of approximately 4 work hours per dated December 10, 1990, which the complete rudder is performed, the airplane to accomplish. The average describe procedures for repetitive visual proposal would require visual labor rate is $60 per work hour. Based and ELCH inspections of the rudder to inspections of the rudder to be on these figures, the cost impact of these detect disbonding. The service bulletins performed weekly or prior to the currently-required actions on U.S. also describe procedures for repairs. The accumulation of 50 flight cycles, operators is estimated to be $10,560, or DGAC classified these service bulletins whichever occurs first. Thereafter, $240 per airplane, per tap test. as mandatory, and issued French visual inspections would be carried out The visual inspections that are airworthiness directive (CN) 90–0098– at less frequent intervals, as would currently required by AD 90–12–13 (and 112(B)R1, dated May 2, 1991, in order subsequent ELCH inspections. to assure the continued airworthiness of Should a visual inspection prior to retained in this new proposed AD) take these airplanes in France. the initial ELCH inspection, however, approximately 1 work hour per airplane Airbus also has issued Service detect possible disbonding or cracking, to accomplish, at an average labor rate Bulletins A300–55–6010 (for Model the proposed AD would require an of $60 per work hour. Based on these A300–600 series airplanes) and A310– ELCH inspection of the area in which figures, the cost impact of these 55–2012 (for Model A310 series the suspected defects may be located. If inspections on U.S. operators is airplanes), both dated April 18, 1991, that ELCH inspection confirms any estimated to be $2,640, or $60 per which describe procedures for defects, repairs would be made prior to airplane, per inspection. replacement of the rudder with a further flight. Regardless of the results Each ELCH inspection proposed in modified rudder. Installation of the of the ELCH inspection of the area in this new AD action would take modified rudder will preclude the which suspected defects may be located, approximately 14 work hours per addressed cracking and disbonding the proposal would still require that an airplane to accomplish, at an average problems, and will eliminate the need initial ELCH inspection of the complete labor rate of $60 per work hour. Based for repetitive inspections of the area for rudder be conducted. on these figures, the cost impact these those defects. The DGAC classified The proposed AD also would require proposed inspections on U.S. operators these service bulletins as optional. replacement of the rudder with a rudder is estimated to be $36,960, or $840 per modified by the manufacturer; this airplane, per inspection. FAA’s Conclusions action would constitute terminating The replacement of the rudder that is These airplane models are action for the repetitive visual and proposed by this new AD action would manufactured in France and are type ELCH inspections. The replacement of take approximately 42 work hours per certificated for operation in the United the rudder would be required to be airplane to accomplish, at an average States under the provisions of section accomplished in accordance with the labor rate of $60 per work hour. Based 21.29 of the Federal Aviation applicable modification service on these figures, the cost impact of this Regulations (14 CFR 21.29) and the bulletins described previously. proposed replacement action on U.S. applicable bilateral airworthiness operators is estimated to be $110,880, or agreement. Pursuant to this bilateral Difference Between Proposed Rule and $2,520 per airplane. airworthiness agreement, the DGAC has Parallel French CN The cost impact figures discussed kept the FAA informed of the situation Unlike French CN 90–098–112(B)R1, above are based on assumptions that no described above. The FAA has which permits installation of the operator has yet accomplished any of examined the findings of the DGAC, modified rudder as an optional the current or proposed requirements of reviewed all available information, and terminating action, this proposed AD this AD action, and that no operator Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules 54957 would accomplish those actions in the A5547150000600 (2) If defects are found, prior to further future if this AD were not adopted. A5547150000800 flight, perform a tap test in accordance with A5547150001000 paragraph (b) of this AD. Regulatory Impact A5547150001200 (b) Tap Tests (as Required by AD 90–12– The regulations proposed herein A5547150001400 13). Within 300 landings after June 20, 1990, Note 1: The pre-modification rudders to perform a tap test to determine the extent of would not have substantial direct effects the damage, in accordance with Airbus AOT which this AD applies were installed at the on the States, on the relationship 55/90/01, Revision 1, dated April 27, 1990. time of delivery on Model A300–600 and between the national government and (1) If disbonding is less than 100 square the States, or on the distribution of A310 series airplanes specified in the cm, repeat the tap test of the affected area power and responsibilities among the effectivity listings of the Airbus service every 28 days or 200 landings, whichever bulletins that are referenced in this AD. occurs first, until the ELCH inspection various levels of government. Therefore, However, such rudders may have been in accordance with Executive Order requirements of paragraph (d) of this AD are installed after delivery on airplanes other initiated. For any signs of additional rudder 12612, it is determined that this than the ones listed in those service skin panel disbonding, perform drilling proposal would not have sufficient bulletins. Therefore, as specified by the procedures in accordance with paragraph federalism implications to warrant the preceding applicability provision, the 4.2.2.3. of the AOT; and thereafter repeat the preparation of a Federalism Assessment. operator of any Model A300–600 or A310 visual inspection of the rudder skin panels For the reasons discussed above, I series airplane equipped with the pre- specified in paragraph (a) of this AD, until certify that this proposed regulation (1) modified rudder is required to comply with the ELCH inspection requirements of is not a ‘‘significant regulatory action’’ the requirements of this AD. paragraph (d) of this AD are initiated. under Executive Order 12866; (2) is not Note 2: This AD applies to each airplane (2) If disbonding is more than 100 square a ‘‘significant rule’’ under the DOT identified in the preceding applicability cm, but less than 5,000 square cm, repair in provision, regardless of whether it has been accordance with paragraph 4.2.2.3. of the Regulatory Policies and Procedures (44 AOT. Thereafter, repeat the visual inspection FR 11034, February 26, 1979); and (3) if otherwise modified, altered, or repaired in the area subject to the requirements of this of the rudder skin panels in accordance with promulgated, will not have a significant AD. For airplanes that have been modified, paragraph (a) of this AD; and perform economic impact, positive or negative, altered, or repaired so that the performance repetitive tap tests of the repaired areas at the on a substantial number of small entities of the requirements of this AD is affected, the following intervals; until the visual inspection requirements of paragraph (c) of under the criteria of the Regulatory owner/operator must request approval for an this AD are initiated: Flexibility Act. A copy of the draft alternative method of compliance in (i) Perform the tap test of the repaired area regulatory evaluation prepared for this accordance with paragraph (f) of this AD. The every 500 landings for disbonding greater action is contained in the Rules Docket. request should include an assessment of the than 100 square cm but less than 300 square A copy of it may be obtained by effect of the modification, alteration, or repair cm; contacting the Rules Docket at the on the unsafe condition addressed by this (ii) Perform the tap test of the repaired area location provided under the caption AD; and, if the unsafe condition has not been every 250 landings for disbonding greater eliminated, the request should include ADDRESSES. than 300 square cm, but less than 1,000 specific proposed actions to address it. square cm; List of Subjects in 14 CFR Part 39 Note 3: The requirements of paragraphs (a) (iii) Perform the tap test of the repaired Air transportation, Aircraft, Aviation and (b) of this AD are restatements of area every 75 landings for disbonding that is paragraphs A. and B. that appeared in AD greater than 1,000 square cm, but less than safety, Safety. 90–12–13, amendment 39–6625. These 5,000 square cm. The Proposed Amendment paragraphs require no additional action by (3) If disbonding is greater than 5,000 operators who already have initiated the square cm, or if a crack is found, prior to Accordingly, pursuant to the specified actions. (As indicated in both further flight, repair in a manner approved by authority delegated to me by the paragraphs, these actions are to continue the Manager, Standardization Branch, ANM– Administrator, the Federal Aviation until the new actions required by this AD are 113, FAA, Transport Airplane Directorate. Administration proposes to amend part initiated.) (c) New Visual Inspection Requirement. 39 of the Federal Aviation Regulations Compliance: Required as indicated, unless Perform a visual inspection of the complete (14 CFR part 39) as follows: accomplished previously. rudder to detect disbonding and cracking of the rudder skin panels, left and right, in To detect and prevent disbonding which, accordance with Airbus Service Bulletin PART 39ÐAIRWORTHINESS if not corrected, could reduce the structural A300–55–6008 (for Airbus Model A300–600 DIRECTIVES integrity of the rudder, and consequently series airplanes), or Airbus Service Bulletin lead to a reduction in its ability to sustain A310–55–2010 (for Airbus Model A310 series 1. The authority citation for part 39 limit loads, accomplish the following: continues to read as follows: airplanes), both dated December 10, 1990, as (a) Visual Inspections (as Required by AD applicable. Initiation of this inspection Authority: 49 U.S.C. 106(g), 40113, 44701. 90–12–13). Within 10 landings after June 20, constitutes terminating action for the 1990 (the effective date of AD 90–12–13, requirements of paragraph (a) and specified § 39.13 [Amended] amendment 39–6625), perform a visual portions of paragraph (b) of this AD. 2. Section 39.13 is amended by inspection to detect disbonding of the rudder (1) Perform the initial inspection at the removing amendment 39–6625 (55 FR skin panels, left and right, in accordance later of the times specified in paragraph 23190, June 7, 1990), and by adding a with Airbus All Operators’ Telex (AOT) 55/ (c)(1)(i) or (c)(1)(ii) of this AD: new airworthiness directive (AD), to 90/01, Revision 1, dated April 27, 1990. After (i) Within 7 days or 50 landings after the read as follows: the effective date of this AD, perform this effective date of this AD, whichever is first; inspection in accordance with Airbus Service or Airbus Industrie: Docket 96–NM–65–AD. Bulletin A300–55–6008 (for Airbus Model (ii) Within 7 days or 50 landings whichever Supersedes AD 90–12–13, Amendment A300–600 series airplanes), or Airbus Service occurs first after the last visual inspection 39–6625. Bulletin A310–55–2010 (for Airbus Model performed in accordance with AD 90–12–13, Applicability: Model A300–600 and A310 A310 series airplanes), both dated December amendment 39–6625. series airplanes; certificated in any category; 10, 1990, as applicable. (2) If no disbonding or cracking is detected equipped with pre-modification 5844D4829 (1) If no defects are found, repeat the visual during this inspection accomplish the actions rudders having the following part numbers: inspection thereafter at intervals not to specified in paragraphs (c)(2)(i) and (c)(2)(ii) A5547150000000 exceed 7 days or 50 landings, whichever of this AD: A5547150000200 occurs first, until the requirements of (i) Repeat the visual inspection at intervals A5547150000400 paragraph (c) of this AD are initiated. not to exceed 7 days or 50 landings, 54958 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules whichever occurs first, until the initial ELCH rudder in accordance with Airbus Service degrade the structural integrity of the inspection is accomplished in accordance Bulletin A300–55–6010 (for Model A300–600 NLG. with paragraph (d) of this AD. And series airplanes) or Airbus Service Bulletin (ii) After the initial ELCH inspection A310–55 2012 (for Model A310 series DATES: Comments must be received by required by paragraph (d) of this AD has been airplanes), both dated April 18, 1991, as December 2, 1996. accomplished, repeat these visual applicable. This replacement constitutes ADDRESSES: Submit comments in inspections thereafter at intervals not to terminating action for the inspection triplicate to the Federal Aviation exceed 350 landings, in accordance with the requirements of this AD. Administration (FAA), Transport applicable service bulletin. (f) An alternative method of compliance or Airplane Directorate, ANM–103, (3) If any disbonding or cracking is adjustment of the compliance time that detected, prior to further flight, conduct an provides an acceptable level of safety may be Attention: Rules Docket No. 96–NM– ELCH inspection of the suspected area for used if approved by the Manager, 76–AD, 1601 Lind Avenue, SW., signs of disbonding, and accomplish follow- Standardization Branch, ANM–113. Renton, Washington 98055–4056. on actions in accordance with the Flow Operators shall submit their requests through Comments may be inspected at this Chart, Figure 2, of the applicable service an appropriate FAA Principal Maintenance location between 9:00 a.m. and 3:00 bulletin. If the confirmed extent of Inspector, who may add comments and then p.m., Monday through Friday, except disbonding, however, is greater than 400 send it to the Manager, Standardization Federal holidays. square cm in Area I, or greater than 800 Branch, ANM–113. square cm in Area II, as those areas of the The service information referenced in Note 5: Information concerning the the proposed rule may be obtained from rudder are defined in the applicable service existence of approved alternative methods of bulletin, prior to further flight, repair and Construcciones Aeronauticas, S.A., compliance with this AD, if any, may be accomplish subsequent inspections in Getafe, Madrid, Spain. This information obtained from the Manager, Standardization accordance with the requirements of Branch, ANM–113. may be examined at the FAA, Transport paragraph (d)(3) of this AD. Airplane Directorate, 1601 Lind (g) Special flight permits may be issued in (d) ELCH Inspections. Within 6 months Avenue, SW., Renton, Washington. after the effective date of this AD, conduct an accordance with sections 21.197 and 21.199 initial elasticity laminate checker (ELCH) of the Federal Aviation Regulations (14 CFR FOR FURTHER INFORMATION CONTACT: Greg inspection of the complete rudder, in 21.197 and 21.199) to operate the airplane to Dunn, Aerospace Engineer, accordance with Airbus Service Bulletin a location where the requirements of this AD Standardization Branch, ANM–113, A300–55–6008 (for Model A300–600 series can be accomplished. FAA, Transport Airplane Directorate, airplanes) or Airbus Service Bulletin A310– Issued in Renton, Washington, on October 1601 Lind Avenue, SW., Renton, 55–2008 (for Model A310 series airplanes), 16, 1996. Washington 98055–4056; telephone both dated December 10, 1990, as applicable. Darrell M. Pederson, (206) 227–2799; fax (206) 227–1149. Initiation of this inspection constitutes Acting Manager, Transport Airplane terminating action for the requirements of Directorate, Aircraft Certification Service. SUPPLEMENTARY INFORMATION: paragraph (a) and specified portions of paragraph (b) of this AD. [FR Doc. 96–27125 Filed 10–22–96; 8:45 am] Comments Invited (1) If no disbonding or cracking is detected, BILLING CODE 4910±13±U Interested persons are invited to repeat the ELCH inspection at intervals not participate in the making of the to exceed 2 years or 3,500 landings, proposed rule by submitting such 14 CFR Part 39 whichever occurs first. written data, views, or arguments as (2) If disbonding or cracking is confirmed by ELCH inspection, and the extent of the [Docket No. 96±NM±76±AD] they may desire. Communications shall disbonding is equal to or less than 400 square identify the Rules Docket number and RIN 2120±AA64 cm in Area I, or equal to or less than 800 be submitted in triplicate to the address specified above. All communications square cm in Area II, as those areas of the Airworthiness Directives; rudder are defined in the applicable service received on or before the closing date Construcciones Aeronauticas, S.A. bulletin: Prior to further flight, accomplish for comments, specified above, will be (CASA) Model CN±235 Series follow-on actions in accordance with Flow considered before taking action on the Airplanes Chart, Figure 2, of the applicable service proposed rule. The proposals contained bulletin. in this notice may be changed in light (3) If disbonding or cracking is confirmed AGENCY: Federal Aviation by ELCH inspection, and the extent of the Administration, DOT. of the comments received. disbonding is greater than 400 square cm in ACTION: Notice of proposed rulemaking Comments are specifically invited on Area I, or greater than 800 square cm in Area (NPRM). the overall regulatory, economic, II, as those areas of the rudder are defined in environmental, and energy aspects of the applicable service bulletin: Prior to SUMMARY: This document proposes the the proposed rule. All comments further flight, accomplish either paragraph adoption of a new airworthiness submitted will be available, both before (d)(3)(i) or (d)(3)(ii) of this AD: directive (AD) that is applicable to all and after the closing date for comments, (1) Repair in a manner approved by the CASA CN–235 series airplanes. This in the Rules Docket for examination by Manager, Standardization Branch, ANM–113, interested persons. A report FAA, Transport Airplane Directorate. proposal would require repetitive eddy Thereafter, continue to conduct ELCH current inspections to detect fatigue summarizing each FAA-public contact inspections in a manner and at intervals cracks in the nose landing gear (NLG) concerned with the substance of this approved by the Manager, Standardization turning tube, and replacement of proposal will be filed in the Rules Branch, ANM–113. cracked tubes. This proposal is Docket. (ii) Replace the rudder in accordance with prompted by a report of the failure of an Commenters wishing the FAA to Airbus Service Bulletin A300–55–6010 (for NLG turning tube during landing roll; acknowledge receipt of their comments Model A300–600 series airplanes) or Airbus the failure was attributed to fatigue submitted in response to this notice Service Bulletin A310–55 2012 (for Model cracking in the turning tube. The actions must submit a self-addressed, stamped A310 series airplanes), both dated April 18, 1991, as applicable. After this replacement is specified by the proposed AD are postcard on which the following accomplished, no further actions are required intended to ensure that fatigue cracking statement is made: ‘‘Comments to by this AD. in the NLG turning tube is detected and Docket Number 96–NM–76–AD.’’ The (e) Terminating Action. Within five years corrected before it could cause the postcard will be date stamped and after the effective date of this AD, replace the failure of the tube and, consequently, returned to the commenter. Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules 54959

Availability of NPRMs Explanation of Requirements of regulatory evaluation prepared for this Any person may obtain a copy of this Proposed Rule action is contained in the Rules Docket. NPRM by submitting a request to the Since an unsafe condition has been A copy of it may be obtained by FAA, Transport Airplane Directorate, identified that is likely to exist or contacting the Rules Docket at the ANM–103, Attention: Rules Docket No. develop on other airplanes of the same location provided under the caption 96–NM–76–AD, 1601 Lind Avenue, type design registered in the United ADDRESSES. SW., Renton, Washington 98055–4056. States, the proposed AD would require List of Subjects in 14 CFR Part 39 repetitive eddy current inspections to Discussion detect fatigue cracking in the NLG Air transportation, Aircraft, Aviation The Direccio´n General de Aviacio´n turning tube. If any cracking is detected, safety, Safety. (DGAC), which is the airworthiness the turning tube would be required to be The Proposed Amendment authority for Spain, recently notified the replaced with a new unit prior to further FAA that an unsafe condition may exist flight. The actions would be required to Accordingly, pursuant to the on all CASA Model CN–235 series be accomplished in accordance with the authority delegated to me by the airplanes. The DGAC advises that it service bulletin described previously. Administrator, the Federal Aviation received a report from one operator who Administration proposes to amend part experienced, during landing roll, the Interim Action 39 of the Federal Aviation Regulations failure of the nose landing gear (NLG) This is considered interim action (14 CFR part 39) as follows: turning tube. Investigation revealed that until final action is identified, at which the failure was due to fatigue cracking time the FAA may consider further PART 39ÐAIRWORTHINESS in the turning tube. The tube had rulemaking. DIRECTIVES accumulated over 8,600 landings. A Cost Impact 1. The authority citation for part 39 subsequent inspection of the fleet continues to read as follows: revealed fatigue cracking in the NLG The FAA estimates that 1 CASA turning tubes on other airplanes; in each Model CN–235 series airplane of U.S. Authority: 49 U.S.C. 106(g), 40113, 44701. case, the tube had accumulated more registry would be affected by this § 39.13 [Amended] than 8,000 landings. Such cracking, if proposed AD, that it would take 2. Section 39.13 is amended by not detected and corrected in a timely approximately 8 work hours per adding the following new airworthiness manner, could result in failure of the airplane to accomplish the proposed directive: NLG turning tube. This situation could actions, and that the average labor rate degrade the structural integrity of the is $60 per work hour. Required parts Casa: Docket 96–NM–76–AD. NLG, and adversely effect landing would be provided by the manufacturer Applicability: All Model CN–235 series operations. at no cost to operators. Based on these airplanes, certificated in any category. figures, the cost impact of the proposed Note 1: This AD applies to each airplane Explanation of Relevant Service AD on U.S. operators is estimated to be identified in the preceding applicability Information $480. provision, regardless of whether it has been CASA has issued Maintenance The cost impact figure is based on modified, altered, or repaired in the area Instructions COM 235–092, Revision assumptions that no operator has yet subject to the requirements of this AD. For No. 2, dated May 5, 1995, which accomplished any of the proposed airplanes that have been modified, altered, or describes procedures for conducting requirements of this AD action, and that repaired so that the performance of the no operator would accomplish those requirements of this AD is affected, the repetitive high frequency eddy current owner/operator must request approval for an (HFEC) inspections to detect fatigue actions in the future if this AD were not alternative method of compliance in cracking in the NLG turning tube. It also adopted. accordance with paragraph (d) of this AD. describes procedures for replacing Regulatory Impact The request should include an assessment of cracked tubes with new units. The the effect of the modification, alteration, or DGAC classified this service bulletin as The regulations proposed herein repair on the unsafe condition addressed by mandatory and issued Spanish would not have substantial direct effects this AD; and, if the unsafe condition has not airworthiness directive 01/95, Revision on the States, on the relationship been eliminated, the request should include 1, dated May 18, 1995, in order to assure between the national government and specific proposed actions to address it. the continued airworthiness of these the States, or on the distribution of Compliance: Required as indicated, unless airplanes in Spain. power and responsibilities among the accomplished previously. various levels of government. Therefore, To prevent structural degradation of the FAA’s Conclusions in accordance with Executive Order nose landing gear (NLG) due to failure of the This airplane model is manufactured 12612, it is determined that this NLG turning tube, accomplish the following: (a) At the applicable time specified in in Spain and is type certificated for proposal would not have sufficient either paragraph (a)(1) or (a)(2) of this AD, operation in the United States under the federalism implications to warrant the conduct a high frequency eddy current provisions of section 21.29 of the preparation of a Federalism Assessment. (HFEC) inspection to detect fatigue cracking Federal Aviation Regulations (14 CFR For the reasons discussed above, I in the NLG turning tube, in accordance with 21.29) and the applicable bilateral certify that this proposed regulation (1) the procedures specified in Annex 1 and airworthiness agreement. Pursuant to is not a ‘‘significant regulatory action’’ Annex 2 of CASA Maintenance Instructions this bilateral airworthiness agreement, under Executive Order 12866; (2) is not COM 235–092, Revision No. 2, dated May 5, the DGAC has kept the FAA informed a ‘‘significant rule’’ under the DOT 1995. of the situation described above. The Regulatory Policies and Procedures (44 (1) For Model CN–235 airplanes [Basic FAA has examined the findings of the FR 11034, February 26, 1979); and (3) if model; Maximum Takeoff Weight (MTOW)=31,746 lbs. (14,400 kgs.)]: Conduct DGAC, reviewed all available promulgated, will not have a significant the inspection prior to or upon the information, and determined that AD economic impact, positive or negative, accumulation of 6,000 landings on the NLG action is necessary for products of this on a substantial number of small entities turning tube, or within 50 landings after the type design that are certificated for under the criteria of the Regulatory effective date of this AD, whichever occurs operation in the United States. Flexibility Act. A copy of the draft later. 54960 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules

(2) For Model CN–235–100 series airplanes SUMMARY: This document proposes the in the Rules Docket for examination by [MTOW=33,290 lbs. (15,100 kgs.)] and Model adoption of a new airworthiness interested persons. A report CN–235–200 series airplanes [MTOW=34,833 directive (AD) that is applicable to summarizing each FAA-public contact lbs. (15,800 kgs)]: Conduct the inspection certain Airbus Model A320–111, –211, concerned with the substance of this prior to or upon the accumulation of 4,800 –212, and –231 series airplanes. This landings on the NLG turning tube, or within proposal will be filed in the Rules 50 landings after the effective date of this AD, proposal would require reinforcement of Docket. whichever occurs later. the tail section of the fuselage at frames Commenters wishing the FAA to (b) If no cracking is detected during the 68 and 69. This proposal is prompted by acknowledge receipt of their comments inspection required by paragraph (a) of this reports indicating that the tail section submitted in response to this notice AD, repeat the inspection thereafter at has struck the runway during takeoffs must submit a self-addressed, stamped intervals not to exceed 200 landings. and landings. The actions specified by postcard on which the following (c) If any cracking is detected during any the proposed AD are intended to statement is made: ‘‘Comments to inspection required by paragraph (a) or (b) of prevent structural damage to the tail Docket Number 96–NM–93–AD.’’ The this AD, prior to further flight, replace the section when it strikes the runway. This postcard will be date stamped and NLG turning tube with a new unit in condition, if not detected, could result accordance with CASA Maintenance returned to the commenter. in depressurization of the fuselage Instructions COM 235–092, Revision No. 2, Availability of NPRMs dated May 5, 1995. After replacement, repeat during flight. the HFEC inspection prior to or upon the DATES: Comments must be received by Any person may obtain a copy of this accumulation of 6,000 landings on the new December 2, 1996. NPRM by submitting a request to the NLG turning tube installed on Model CN–325 ADDRESSES: Submit comments in FAA, Transport Airplane Directorate, airplanes (basic model); or prior to or upon triplicate to the Federal Aviation ANM–103, Attention: Rules Docket No. the accumulation of 4,800 landings on the Administration (FAA), Transport 96–NM–93–AD, 1601 Lind Avenue, new NLG turning tube installed on Model SW., Renton, Washington 98055–4056. CN–325–100 and –200 series airplanes. Airplane Directorate, ANM–103, Thereafter, repeat the inspection at intervals Attention: Rules Docket No. 96–NM– Discussion 93–AD, 1601 Lind Avenue, SW., not to exceed 200 landings. The Direction Ge´ne´rale de l’Aviation Renton, Washington 98055–4056. (d) An alternative method of compliance or Civile (DGAC), which is the adjustment of the compliance time that Comments may be inspected at this airworthiness authority for France, provides an acceptable level of safety may be location between 9:00 a.m. and 3:00 notified the FAA that an unsafe used if approved by the Manager, p.m., Monday through Friday, except condition may exist on certain Airbus Standardization Branch, ANM–113, FAA, Federal holidays. Transport Airplane Directorate. Operators The service information referenced in Model A320–111, –211, –212, and –231 shall submit their requests through an series airplanes. The DGAC advises that appropriate FAA Principal Maintenance the proposed rule may be obtained from Airbus Industrie, 1 Rond Point Maurice it has received reports indicating that Inspector, who may add comments and then the tail section of some Model A320 send it to the Manager, Standardization Bellonte, 31707 Blagnac Cedex, France. This information may be examined at series airplanes has struck the runway Branch, ANM–113. during takeoffs and landings. These Note 2: Information concerning the the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., impacts could damage the structural existence of approved alternative methods of integrity of the tail section. This compliance with this AD, if any, may be Renton, Washington. condition, if not detected, could cause obtained from the Standardization Branch, FOR FURTHER INFORMATION CONTACT: depressurization of the fuselage during ANM–113. Charles Huber, Aerospace Engineer, flight. (e) Special flight permits may be issued in Standardization Branch, ANM–113, accordance with sections 21.197 and 21.199 FAA, Transport Airplane Directorate, Explanation of Relevant Service of the Federal Aviation Regulations (14 CFR 1601 Lind Avenue, SW., Renton, Information 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD Washington 98055–4056; telephone Airbus has issued Service Bulletin can be accomplished. (206) 227–2589; fax (206) 227–1149. A320–53–1110, dated August 28, 1995, Issued in Renton, Washington, on October SUPPLEMENTARY INFORMATION: which describes procedures for 16, 1996. modification of the tail section of the Comments Invited Darrell M. Pederson, airplane by reinforcing the fuselage at Acting Manager, Transport Airplane Interested persons are invited to frames 68 and 69. Should a tail strike go Directorate, Aircraft Certification Service. participate in the making of the undetected, this modification will [FR Doc. 96–27124 Filed 10–22–96; 8:45 am] proposed rule by submitting such provide sufficient margins of strength to written data, views, or arguments as BILLING CODE 4910±13±U protect the fuselage from further damage they may desire. Communications shall during flight. The DGAC classified this identify the Rules Docket number and service bulletin as mandatory and 14 CFR Part 39 be submitted in triplicate to the address issued French Airworthiness Directive specified above. All communications (CN) 96–009–0074(B), dated January 3, [Docket No. 96±NM±93±AD] received on or before the closing date 1996, in order to assure the continued for comments, specified above, will be airworthiness of these airplanes in RIN 2120±AA64 considered before taking action on the France. proposed rule. The proposals contained Airworthiness Directives; Airbus Model in this notice may be changed in light FAA’s Conclusions A320±111, ±211, ±212, and ±231 Series of the comments received. This airplane model is manufactured Airplanes Comments are specifically invited on in France and is type certificated for AGENCY: Federal Aviation the overall regulatory, economic, operation in the United States under the Administration, DOT. environmental, and energy aspects of provisions of section 21.29 of the the proposed rule. All comments Federal Aviation Regulations (14 CFR ACTION: Notice of proposed rulemaking submitted will be available, both before 21.29) and the applicable bilateral (NPRM). and after the closing date for comments, airworthiness agreement. Pursuant to Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules 54961 this bilateral airworthiness agreement, on a substantial number of small entities Standardization Branch, ANM–113, FAA, the DGAC has kept the FAA informed under the criteria of the Regulatory Transport Airplane Directorate. Operators of the situation described above. The Flexibility Act. A copy of the draft shall submit their requests through an FAA has examined the findings of the regulatory evaluation prepared for this appropriate FAA Principal Maintenance DGAC, reviewed all available Inspector, who may add comments and then action is contained in the Rules Docket. send it to the Manager, Standardization information, and determined that AD A copy of it may be obtained by Branch, ANM–113. action is necessary for products of this contacting the Rules Docket at the Note 2: Information concerning the type design that are certificated for location provided under the caption existence of approved alternative methods of operation in the United States. ADDRESSES. compliance with this AD, if any, may be Explanation of Requirements of List of Subjects in 14 CFR Part 39 obtained from the Standardization Branch, Proposed Rule ANM–113. Air transportation, Aircraft, Aviation (c) Special flight permits may be issued in Since an unsafe condition has been safety, Safety. accordance with sections 21.197 and 21.199 identified that is likely to exist or The Proposed Amendment of the Federal Aviation Regulations (14 CFR develop on other airplanes of the same 21.197 and 21.199) to operate the airplane to type design registered in the United Accordingly, pursuant to the a location where the requirements of this AD States, the proposed AD would require authority delegated to me by the can be accomplished. modification of the tail section of the Administrator, the Federal Aviation Issued in Renton, Washington, on October airplane by reinforcement of the Administration proposes to amend part 16, 1996. fuselage at frames 68 and 69. The 39 of the Federal Aviation Regulations Darrell M. Pederson, actions would be required to be (14 CFR part 39) as follows: Acting Manager, Transport Airplane accomplished in accordance with the Directorate, Aircraft Certification Service. service bulletin described previously. PART 39ÐAIRWORTHINESS [FR Doc. 96–27123 Filed 10–22–96; 8:45 am] DIRECTIVES Cost Impact BILLING CODE 4910±13±U 1. The authority citation for part 39 The FAA estimates that 97 Airbus continues to read as follows: Model A320–111, –211, –212, and –231 14 CFR Part 39 series airplanes of U.S. registry would Authority: 49 U.S.C. 106(g), 40113, 44701. [Docket No. 96±NM±199±AD] be affected by this proposed AD, that it § 39.13 [Amended] would take approximately 196 work RIN 2120±AA64 2. Section 39.13 is amended by hours per airplane to accomplish the adding the following new airworthiness proposed actions, and that the average Airworthiness Directives; McDonnell directive: labor rate is $60 per work hour. Douglas Model DC±9, DC±9±80, and C± Required parts would be provided by Airbus Industrie: Docket 96–NM–93–AD. 9 (Military) Series Airplanes, and Model the manufacturer at no cost to operators. Applicability: Model A320–111, –211, MD±88 Airplanes Based on these figures, the cost impact –212, and –231 series airplanes, as listed in Airbus Service Bulletin A320–53–1110, AGENCY: Federal Aviation of the proposed AD on U.S. operators is Administration, DOT. estimated to be $1,140,720, or $11,760 dated August 28, 1995; certificated in any per airplane. category. ACTION: Notice of proposed rulemaking The cost impact figure discussed Note 1: This AD applies to each airplane (NPRM). above is based on assumptions that no identified in the preceding applicability provision, regardless of whether it has been SUMMARY: This document proposes the operator has yet accomplished any of otherwise modified, altered, or repaired in adoption of a new airworthiness the proposed requirements of this AD the area subject to the requirements of this directive (AD) that is applicable to action, and that no operator would AD. For airplanes that have been modified, certain McDonnell Douglas Model DC– accomplish those actions in the future if altered, or repaired so that the performance 9, DC–9–80, and C–9 (military) series this AD were not adopted. of the requirements of this AD is affected, the airplanes, and Model MD–88 airplanes. owner/operator must request approval for an This proposal would require Regulatory Impact alternative method of compliance in The regulations proposed herein accordance with paragraph (b) of this AD. modification of certain non-regulating would not have substantial direct effects The request should include an assessment of shutoff valves on the engine starter. This on the States, on the relationship the effect of the modification, alteration, or proposal is prompted by reports of between the national government and repair on the unsafe condition addressed by uncontained failures of engine starters this AD; and, if the unsafe condition has not during flight and maintenance, which the States, or on the distribution of been eliminated, the request should include power and responsibilities among the resulted from the application of specific proposed actions to address it. excessive pressure on the engine starter various levels of government. Therefore, Compliance: Required as indicated, unless in accordance with Executive Order that was associated with the installation accomplished previously. To prevent of non-regulating shutoff valves on the 12612, it is determined that this structural damage to the tail section of the proposal would not have sufficient starter. The actions specified by the airplane when it strikes the runway which, proposed AD are intended to prevent federalism implications to warrant the if undetected, could result in preparation of a Federalism Assessment. depressurization of the fuselage during flight, such uncontained failures of the engine For the reasons discussed above, I accomplish the following: starters, which could create a fire hazard certify that this proposed regulation (1) (a) Within 4 years after the effective date in the engine nacelle. is not a ‘‘significant regulatory action’’ of this AD, modify the fuselage by reinforcing DATES: Comments must be received by under Executive Order 12866; (2) is not frames 68 and 69 in accordance with Airbus December 2, 1996. Service Bulletin A320–53–1110, dated ADDRESSES: a ‘‘significant rule’’ under the DOT August 28, 1995. Submit comments in Regulatory Policies and Procedures (44 (b) An alternative method of compliance or triplicate to the Federal Aviation FR 11034, February 26, 1979); and (3) if adjustment of the compliance time that Administration (FAA), Transport promulgated, will not have a significant provides an acceptable level of safety may be Airplane Directorate, ANM–103, economic impact, positive or negative, used if approved by the Manager, Attention: Rules Docket No. 96–NM– 54962 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules

199–AD, 1601 Lind Avenue, SW., Discussion starter. The actions would be required to Renton, Washington 98055–4056. The FAA has received reports be accomplished in accordance with the Comments may be inspected at this indicating that uncontained failures of service bulletin described previously. location between 9:00 a.m. and 3:00 engine starters on some McDonnell Differences Between Proposed Rule and p.m., Monday through Friday, except Douglas Model DC–9–80 series Relevant Service Information Federal holidays. airplanes have occurred during flight The service information referenced in The proposed AD and the referenced and during maintenance. In the former service bulletin differ as to the the proposed rule may be obtained from circumstance, the failure of the engine AlliedSignal Aerospace, Technical compliance times specified in each: The starter occurred when the pneumatic proposed AD would require that the Publications, Dept. 65–70, P.O. Box augmentation valve failed in the open 52170, Phoenix, Arizona 85072–2170. modification be accomplished within 12 position. In the latter circumstance, the months after the effective date of the This information may be examined at engine was being used as a source of the FAA, Transport Airplane AD; however, the service bulletin compressed air for testing the recommends that the modification be Directorate, 1601 Lind Avenue, SW., pneumatic ducts, and the pneumatic Renton, Washington. accomplished within 8 months. augmentation valve was placed in the In developing an appropriate FOR FURTHER INFORMATION CONTACT: open position. compliance time for this action, the Robert Baitoo, Aerospace Engineer, In each of these uncontained failures, FAA considered not only the safety Propulsion Branch, ANM–140L, FAA, the valve on the engine starter was a implications, but the average utilization Los Angeles Aircraft Certification converted non-regulating shutoff valve. rate of the affected fleet, the availability Office, 3960 Paramount Boulevard, This non-regulating shutoff valve of required modification parts, and Lakewood, California 90712; telephone initially had been produced as a normal maintenance schedules of (310) 627–5245; fax (310) 627–5210. regulating and shutoff valve; it was later affected operators for timely SUPPLEMENTARY INFORMATION: converted to its non-regulating accomplishment of the modification. configuration in accordance with Comments Invited After evaluating these factors, the FAA procedures described in a service has determined that a 12-month Interested persons are invited to bulletin issued by the valve compliance period is appropriate in participate in the making of the manufacturer, AlliedSignal Aerospace that: proposed rule by submitting such (formerly Garrett). 1. It will allow the modification to be written data, views, or arguments as An evaluation revealed that performed during a regularly scheduled they may desire. Communications shall elimination of the regulating feature maintenance interval at a main base, identify the Rules Docket number and from the engine starter valve can result where necessary tooling and trained be submitted in triplicate to the address in the application of excessive pressure personnel will be available. This will specified above. All communications on the starter. This condition, if not minimize any costs that would be received on or before the closing date corrected, could cause an uncontained associated with the necessary disruption for comments, specified above, will be failure of the starter and, consequently, of fight schedules in order to special considered before taking action on the could create a fire hazard in the engine schedule airplanes for accomplishment proposed rule. The proposals contained nacelle. of the modification. in this notice may be changed in light Since these non-regulating shutoff 2. It also will provide adequate time of the comments received. valves can be installed on any for the valve manufacturer to ensure Comments are specifically invited on McDonnell Douglas Model DC–9, DC–9– that ample modification kits are the overall regulatory, economic, 80, and C–9 (military) series airplanes, available for the U.S. fleet; for operators environmental, and energy aspects of and Model MD–88 airplanes, all of these to order and receive the kits; and for the the proposed rule. All comments models may be subject to this same fleet to be modified in an orderly and submitted will be available, both before unsafe condition. timely manner. and after the closing date for comments, Explanation of Relevant Service in the Rules Docket for examination by Cost Impact Information interested persons. A report There are approximately 1,970 Model summarizing each FAA-public contact The FAA has reviewed and approved DC–9, DC–9–80, and C–9 (military) concerned with the substance of this AlliedSignal Aerospace Service Bulletin series airplanes and Model MD–88 proposal will be filed in the Rules 979410–80–1611, dated November 27, airplanes of the affected design in the Docket. 1995, which describes procedures for worldwide fleet. The FAA estimates that Commenters wishing the FAA to modification of certain converted or first 1,100 airplanes of U.S. registry would be acknowledge receipt of their comments production non-regulating shutoff affected by this proposed AD, that it submitted in response to this notice valves on the engine starter by would take approximately 16 work must submit a self-addressed, stamped installation of a pressure regulator on hours per airplane to accomplish the postcard on which the following the valve. Accomplishment of this proposed actions, and that the average statement is made: ‘‘Comments to modification entails reworking the valve labor rate is $60 per work hour. Docket Number 96–NM–199–AD.’’ The into a regulating and shutoff valve. Required parts would cost postcard will be date stamped and approximately $400 per airplane. Based Explanation of Requirements of returned to the commenter. on these figures, the cost impact of the Proposed Rule proposed AD on U.S. operators is Availability of NPRMs Since an unsafe condition has been estimated to be $1,496,000, or $1,360 Any person may obtain a copy of this identified that is likely to exist or per airplane. NPRM by submitting a request to the develop on other products of this same The cost impact figure discussed FAA, Transport Airplane Directorate, type design, the proposed AD would above is based on assumptions that no ANM–103, Attention: Rules Docket No. require modification of certain operator has yet accomplished any of 96–NM–199–AD, 1601 Lind Avenue, converted or first production non- the proposed requirements of this AD SW., Renton, Washington 98055–4056. regulating shutoff valves on the engine action, and that no operator would Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules 54963 accomplish those actions in the future if provision, regardless of whether it has been directive (AD), applicable to certain this AD were not adopted. otherwise modified, altered, or repaired in Airbus Model A320–111, –211, and the area subject to the requirements of this –231 series airplanes, that currently Regulatory Impact AD. For airplanes that have been modified, requires replacing the existing standby The regulations proposed herein altered, or repaired so that the performance of the requirements of this AD is affected, the generator control unit (GCU) with a new would not have substantial direct effects owner/operator must request approval for an improved standby GCU. That action was on the States, on the relationship alternative method of compliance in prompted by reports of improper between the national government and accordance with paragraph (b) of this AD. functioning of the standby GCU. This the States, or on the distribution of The request should include an assessment of new proposed action would require the power and responsibilities among the the effect of the modification, alteration, or replacement of the GCU on addition various levels of government. Therefore, repair on the unsafe condition addressed by affected airplanes. For some airplanes, it in accordance with Executive Order this AD; and, if the unsafe condition has not would require that a wiring been eliminated, the request should include 12612, it is determined that this specific proposed actions to address it. modification be accomplished prior to proposal would not have sufficient Compliance: Required as indicated, unless replacement of the GCU. The actions federalism implications to warrant the accomplished previously. specified by the proposed AD are preparation of a Federalism Assessment. To prevent the application of excessive intended to prevent such improper For the reasons discussed above, I pressure on the engine starter, which could functioning of the GCU, which could certify that this proposed regulation (1) cause uncontained failure of an engine starter result in the loss of the standby Is not a ‘‘significant regulatory action’’ and, consequently, could create a fire hazard emergency generation system. under Executive Order 12866; (2) is not in the nacelle of the engine, accomplish the following: DATES: Comments must be received by a ‘‘significant rule’’ under the DOT (a) Within 12 months after the effective December 2, 1996. Regulatory Policies and Procedures (44 date of this AD, modify any converted or first ADDRESSES: Submit comments in FR 11034, February 26, 1979); and (3) if production non-regulating shutoff valve, P/N triplicate to the Federal Aviation promulgated, will not have a significant 979410–1–1 or 979410–2–1, on the engine Administration (FAA), Transport economic impact, positive or negative, starter by installing a pressure regulator on Airplane Directorate, ANM–103, on a substantial number of small entities the valve in accordance with AlliedSignal Aerospace Service Bulletin 979410–80–1611, Attention: Rules Docket No. 96–NM– under the criteria of the Regulatory 11–AD, 1601 Lind Avenue, SW., Flexibility Act. A copy of the draft dated November 27, 1995. (b) An alternative method of compliance or Renton, Washington 98055–4056. regulatory evaluation prepared for this adjustment of the compliance time that Comments may be inspected at this action is contained in the Rules Docket. provides an acceptable level of safety may be location between 9:00 a.m. and 3:00 A copy of it may be obtained by used if approved by the Manager, Los p.m., Monday through Friday, except contacting the Rules Docket at the Angeles Aircraft Certification Office (ACO), Federal holidays. location provided under the caption FAA, Transport Airplane Directorate. The service information referenced in ADDRESSES. Operators shall submit their requests through an appropriate FAA Principal Maintenance the proposed rule may be obtained from List of Subjects in 14 CFR Part 39 Inspector, who may add comments and then Airbus Industrie, 1 Rond Point Maurice send it to the Manager, Los Angeles ACO. Bellonte, 31707 Blagnac Cedex, France. Air transportation, Aircraft, Aviation This information may be examined at safety, Safety. Note 2: Information concerning the existence of approved alternative methods of the FAA, Transport Airplane The Proposed Amendment compliance with this AD, if any, may be Directorate, 1601 Lind Avenue, SW., obtained from the Los Angeles ACO. Renton, Washington. Accordingly, pursuant to the (c) Special flight permits may be issued in FOR FURTHER INFORMATION CONTACT: Tim authority delegated to me by the accordance with section 21.197 and 21.199 of Administrator, the Federal Aviation the Federal Aviation Regulations (14 CFR Backman, Aerospace Engineer, Administration proposes to amend part 21.197 and 21.199) to operate the airplane to Standardization Branch, ANM–113, 39 of the Federal Aviation Regulations a location where the requirements of this AD FAA, Transport Airplane Directorate, (14 CFR part 39) as follows: can be accomplished. 1601 Lind Avenue, SW., Renton, Issued in Renton, Washington, on October Washington 98055–4056; telephone PART 39ÐAIRWORTHINESS 16, 1996. (206) 227–2797; fax (206) 227–1149. DIRECTIVES Darrell M. Pederson, SUPPLEMENTARY INFORMATION: Acting Manager, Transport Airplane 1. The authority citation for part 39 Comments Invited continues to read as follows: Directorate, Aircraft Certification Service. [FR Doc. 96–27122 Filed 10–22–96; 8:45 am] Interested persons are invited to Authority: 49 U.S.C. 106(g), 40113, 44701. BILLING CODE 4910±13±U participate in the making of the § 39.13 [Amended] proposed rule by submitting such 2. Section 39.13 is amended by written data, views, or arguments as adding the following new airworthiness 14 CFR Part 39 they may desire. Communications shall identify the Rules Docket number and directive: [Docket No. 96±NM±11±AD] be submitted in triplicate to the address McDonnell Douglas: Docket 96–NM–199– RIN 2120±AA64 specified above. All communications AD. received on or before the closing date Applicability: Model DC–9, DC–9–80, and Airworthiness Directives; Airbus Model for comments, specified above, will be C–9 (military) series airplanes and Model A320 Series Airplanes considered before taking action on the MD–88 airplanes, on which a converted or first production non-regulating shutoff valve AGENCY: Federal Aviation proposed rule. The proposals contained having AlliedSignal Aerospace part number Administration, DOT. in this notice may be changed in light (P/N) 979410–1–1 or 979410–2–1 has been ACTION: Notice of proposed rulemaking of the comments received. installed on the engine starter; certificated in (NPRM). Comments are specifically invited on any category. the overall regulatory, economic, Note 1: This AD applies to each airplane SUMMARY: This document proposes the environmental, and energy aspects of identified in the preceding applicability supersedure of an existing airworthiness the proposed rule. All comments 54964 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules submitted will be available, both before Bulletin No. 520754–24–01 as an Cost Impact and after the closing date for comments, additional source of service There are approximately 106 Airbus in the Rules Docket for examination by information.) Model A320 series airplanes of U.S. interested persons. A report Revision 2 of the service bulletin registry that would be affected by this summarizing each FAA-public contact differs from Revision 1 in that its proposed AD. Of this number, 18 concerned with the substance of this effectivity listing includes additional currently are subject to the requirements proposal will be filed in the Rules airplanes that are subject to the of AD 91–01–01, and the remaining 88 Docket. addressed unsafe condition. are the airplanes that would be added to Commenters wishing the FAA to Airbus has also issued Service the AD applicability by this proposed acknowledge receipt of their comments Bulletin A320–24–1022, Revision 1, action. submitted in response to this notice dated February 27, 1990. This service The replacement of the GCU that must submit a self-addressed, stamped bulletin describes procedures for would be required by this AD takes postcard on which the following modifying the wiring associated with approximately 1.5 work hours per statement is made: ‘‘Comments to the GCU assembly (wiring in relay box airplane to accomplish, at an average Docket Number 96–NM–11–AD.’’ The 103VU, the wiring in power center AC/ labor rate of $60 per work hour. postcard will be date stamped and DC emergency 106VU, and the wiring Required parts would cost returned to the commenter. between 103VU and 106VU). This approximately $450 per airplane. Based Availability of NPRMs wiring modification must be on these figures, the cost impact of this accomplished prior to replacing the proposed action on U.S. operators is Any person may obtain a copy of this GCU. The procedures described in this NPRM by submitting a request to the estimated to be $57,240 for the entire service bulletin are applicable to certain affected fleet (or $540 per airplane). FAA, Transport Airplane Directorate, airplanes on which the wiring ANM–103, Attention: Rules Docket No. However, based on the effective date modification was not accomplished and the compliance time established by 96–NM–11–AD, 1601 Lind Avenue, prior to delivery. SW., Renton, Washington 98055–4056. AD 91–01–01, the FAA assumes that the The DGAC classified these service 18 airplanes that are currently subject to Discussion bulletins as mandatory and issued that AD already have completed the On January 28, 1991, the FAA issued French airworthiness directive 89–198– required replacement of the GCU. AD 91–01–01, amendment 39–6845 (55 004(B)R1, dated May 27, 1992, in order Therefore, the future cost impact of the FR 51895, December 18, 1990), to assure the continued airworthiness of replacement action is only $47,520 (for applicable to certain Airbus Model these airplanes in France. the 88 airplanes that would be added to A320–111, –211, and –231 series FAA’s Conclusions the applicability of the AD). airplanes, to require replacement of the For airplanes on which the existing standby generator control unit This airplane model is manufactured modification of the wiring assembly is (GCU) with a new improved standby in France and is type certificated for required, it would take approximately GCU. That action was prompted by operation in the United States under the 8.5 work hours to accomplish, at an reports of improper functioning of the provisions of section 21.29 of the average labor rate of $60 per work hour. standby GCU. The requirements of that Federal Aviation Regulations (14 CFR Based on these figures, the cost impact AD are intended to prevent loss of the 21.29) and the applicable bilateral of this proposed action on U.S. standby emergency generation system, airworthiness agreement. Pursuant to operators of those airplanes is estimated which provides necessary back-up this bilateral airworthiness agreement, to be $510 per airplane. the DGAC has kept the FAA informed capability when both main generators Regulatory Impact fail. of the situation described above. The FAA has examined the findings of the The regulations proposed herein Actions Since Issuance of Previous Rule DGAC, reviewed all available would not have substantial direct effects Since issuance of that AD, the information, and determined that AD on the States, on the relationship Direction Ge´ne´rale de l’Aviation Civile action is necessary for products of this between the national government and (DGAC), which is the airworthiness type design that are certificated for the States, or on the distribution of authority for France, has advised the operation in the United States. power and responsibilities among the various levels of government. Therefore, FAA that additional airplanes have been Explanation of Requirements of in accordance with Executive Order identified that are subject to the same Proposed Rule unsafe condition addressed by AD 91– 12612, it is determined that this 01–01. Since an unsafe condition has been proposal would not have sufficient identified that is likely to exist or federalism implications to warrant the Explanation of Relevant Service develop on other airplanes of the same preparation of a Federalism Assessment. Information type design registered in the United For the reasons discussed above, I Airbus has issued Revision 2 of States, the proposed AD would certify that this proposed regulation (1) Service Bulletin A320–24–1035, dated supersede AD 91–01–01 to continue to is not a ‘‘significant regulatory action’’ June 2, 1994. This revision of the service require replacement of the existing under Executive Order 12866; (2) is not bulletin describes procedures for standby GCU with an improved standby a ‘‘significant rule’’ under the DOT replacement of the GCU and for follow- GCU. The proposed AD also would Regulatory Policies and Procedures (44 on operational testing. The procedures require the identical replacement to be FR 11034, February 26, 1979); and (3) if described in this revision are essentially accomplished on additional airplanes. promulgated, will not have a significant identical to those described in Revision For some airplanes, a wiring economic impact, positive or negative, 1 of the service bulletin, which was modification would be required prior to on a substantial number of small entities referenced in AD 91–01–01 as the replacement of the GCU. The actions under the criteria of the Regulatory appropriate source of service would be required to be accomplished Flexibility Act. A copy of the draft information. (Both revisions of this in accordance with the service bulletins regulatory evaluation prepared for this service bulletin refer to Vickers Service described previously. action is contained in the Rules Docket. Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules 54965

A copy of it may be obtained by through 058, inclusive, 060 through 067, (d) Special flight permits may be issued in contacting the Rules Docket at the inclusive, 069 through 072, inclusive, 074 accordance with sections 21.197 and 21.199 location provided under the caption through 083, inclusive, and 085: Within 150 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to ADDRESSES. days after January 28, 1991 (the effective date of AD 91–01–01, amendment 39–6845), a location where the requirements of this AD List of Subjects in 14 CFR Part 39 remove one generator control unit (GCU) can be accomplished. Air transportation, Aircraft, Aviation identified as 1XE part number (P/N) 520754, Issued in Renton, Washington, on October and install a modified GCU identified as 1XE, safety, Safety. 16, 1996. P/N 520915, in accordance with Airbus Darrell M. Pederson, The Proposed Amendment Service Bulletin A320–24–1035, Revision 1, dated February 27, 1990, or Revision 2, dated Acting Manager, Transport Airplane Accordingly, pursuant to the June 24, 1994. Following installation, Directorate, Aircraft Certification Service. authority delegated to me by the perform an operational test of the emergency [FR Doc. 96–27121 Filed 10–22–96; 8:45 am] Administrator, the Federal Aviation generation system, emergency GCU from the BILLING CODE 4910±13±P Administration proposes to amend part centralized fault display system, and the 39 of the Federal Aviation Regulations static inverter, in accordance with the service (14 CFR part 39) as follows: bulletin. 14 CFR Part 39 (b) For airplanes not subject to paragraph PART 39ÐAIRWORTHINESS (a) of this AD: Within 150 days after the [Docket No. 96±CE±27±AD] DIRECTIVES effective date of this AD, accomplish either RIN 2120±AA64 paragraph (b)(1) or (b)(2) of this AD, as 1. The authority citation for part 39 applicable. Airworthiness Directives; Beech continues to read as follows: Note 4: Replacement of the GCU Aircraft Corporation Model 1900D Authority: 49 U.S.C. 106(g), 40113, 44701. accomplished prior to the effective date of Airplanes this AD in accordance with Airbus Service § 39.13Ð[Amended] Bulletin A320–24–1035, Revision 1, dated AGENCY: Federal Aviation 2. Section 39.13 is amended by February 27, 1990, is considered acceptable Administration, DOT. for compliance with the actions specified in ACTION: Notice of proposed rulemaking removing amendment 39–6845 (55 FR this paragraph. 51895, December 18, 1990), and by (NPRM). (1) For airplanes equipped with GCU 1XE adding a new airworthiness directive having P/N 520754: Replace the GCU 1XE, (AD), to read as follows: SUMMARY: This document proposes to having P/N 520754, in zone 125 of the adopt a new airworthiness directive avionics compartment, with a modified GCU Airbus Industrie: Docket 96–NM–11–AD. (AD) that would apply to Beech Aircraft Supersedes AD 91–01–01, Amendment 1XE, having P/N 520915, in accordance with 39–6845. Airbus Service Bulletin A320–24–1035, Corporation (Beech) Model 1900D airplanes. The proposed action would Applicability: Model A320 series airplanes; Revision 2, dated June 24, 1994. Prior to on which a generator control unit (GCU) further flight following accomplishment of require inspecting the stabilon having part number (P/N) 520915 has not the replacement, perform an operational test attachment angles for the correct been installed, or on which Airbus of the affected components in accordance thickness, repetitively inspecting for Modification 21052 (reference Airbus Service with that service bulletin. cracks in the attachment angles and Bulletin A320–24–1022) and Airbus (2) For airplanes equipped with GCU 1XE replacing the attachment angles with Modification 21736 (reference Airbus Service having P/N 520738: Accomplish the ones of the correct thickness. Recent requirements of paragraphs (b)(2)(i) and Bulletin A320–24–1035) have not been reports of installing the incorrect size of accomplished; certificated in any category. (b)(2)(ii) of this AD: (i) Modify the wiring in relay box 103VU, stabilon attachment angles on certain Note 1: This AD applies to each airplane the wiring in power center AC/DC emergency Beech 1900D airplanes prompted the identified in the preceding applicability 106VU, and the wiring between 103VU and proposed action. The actions specified provision, regardless of whether it has been 106VU, in accordance with Airbus Service by the proposed AD are intended to modified, altered, or repaired in the area Bulletin A320–24–1022, dated June 16, 1989. subject to the requirements of this AD. For prevent separation of the stabilon from (ii) After modifying the wiring, replace the airplanes that have been modified, altered, or the airplane, which could cause loss of GCU 1XE, having P/N 520738, located in the repaired so that the performance of the airplane stability during flight. nose gear well in zone 125, with a modified requirements of this AD is affected, the GCU 1XE, having P/N 520915, in accordance DATES: Comments must be received on owner/operator must request approval for an with Airbus Service Bulletin A320–24–1035, or before December 30, 1996. alternative method of compliance in Revision 2, dated June 24, 1994. Prior to ADDRESSES: Submit comments in accordance with paragraph (c) of this AD. further flight following accomplishment of The request should include an assessment of triplicate to the Federal Aviation the replacement, perform an operational test the effect of the modification, alteration, or Administration (FAA), Central Region, of the affected components in accordance repair on the unsafe condition addressed by Office of the Assistant Chief Counsel, with that service bulletin. this AD; and, if the unsafe condition has not Attention: Rules Docket No. 96–CE–27– (c) An alternative method of compliance or been eliminated, the request should include adjustment of the compliance time that AD, Room 1558, 601 E. 12th Street, specific proposed actions to address it. provides an acceptable level of safety may be Kansas City, Missouri 64106. Comments Compliance: Required as indicated, unless used if approved by the Manager, may be inspected at this location accomplished previously. Standardization Branch, ANM–113, FAA, between 8 a.m. and 4 p.m., Monday To prevent loss of the standby emergency Transport Airplane Directorate. Operators through Friday, holidays excepted. generation system, which provides necessary shall submit their requests through an Service information that applies to the back-up capability when both main appropriate FAA Principal Maintenance proposed AD may be obtained from generators fail, accomplish the following: Inspector, who may add comments and then Beech Aircraft Corporation, P.O. Box 85, Note 2: Airbus Service Bulletin A320–24– send it to the Manager, Standardization Wichita, Kansas 67201–0085. This 1035 and Airbus Service Bulletin A320–24– Branch, ANM–113. 1022 refer to Vickers Service Bulletin No. information also may be examined at Note 2: Information concerning the the Rules Docket at the address above. 520754–24–01 as an additional source of existence of approved alternative methods of specific procedural information. compliance with this AD, if any, may be FOR FURTHER INFORMATION CONTACT: Mr. (a) For Model A320–111, –211, and –231 obtained from the Standardization Branch, Steven E. Potter, Aerospace Engineer, series airplanes; having serial numbers 003 ANM–113. Wichita Aircraft Certification Office, 54966 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules

1801 Airport Rd., Rm. 100, Mid- Model 1900C airplane and are not able —The replacement of the stabilon Continent Airport, Wichita, Kansas to support the increased stabilon load of attachment angles with the correct 67209; telephone (316) 946–4124; the Model 1900D airplane. Beech Model angles P/N 114–620024–47 (left-hand facsimile (316) 946–4407. 1900D airplanes should have a different upper), 114–620024–48 (right-hand stabilon attachment angle installed, upper), 114–620024–49 (left-hand SUPPLEMENTARY INFORMATION: having a thickness of .090-inch and lower), and P/N 114–620024–50 Comments Invited having P/N 114–620024–47 (left-hand (right-hand lower), at any time after Interested persons are invited to upper), 114–620024–48 (right-hand the effective date of the proposed AD participate in the making of the upper), 114–620024–49 (left-hand will terminate the inspection proposed rule by submitting such lower), and P/N 114–620024–50 (right- requirements of the proposed AD. hand lower). written data, views, or arguments as Cost Impact they may desire. Communications Related Service Information should identify the Rules Docket The FAA estimates that 215 airplanes number and be submitted in triplicate to Beech has issued a Mandatory Service in the U.S. registry would be affected by the address specified above. All Bulletin (SB) No. 2651, Issued January the proposed AD, that it would take communications received on or before 1996, which specifies inspecting the approximately 1 hour per airplane to the closing date for comments, specified stabilon attachment angles for proper accomplish the proposed initial above, will be considered before taking thickness, repetitively inspecting for inspection, and that the average labor action on the proposed rule. The cracks, and replacing the attachment rate is approximately $60 an hour. The proposals contained in this notice may angles if either cracks or incorrect size manufacturer’s warranty is providing be changed in light of the comments are found. the labor for the proposed installation received. Evaluation of All Applicable and parts at no cost to the owners/ Comments are specifically invited on Information operators. Based on these figures, the the overall regulatory, economic, total cost impact of the proposed AD on environmental, and energy aspects of After examining the circumstances U.S. operators is estimated to be $12,900 the proposed rule. All comments and reviewing all available information or $60 per airplane. This figure is only submitted will be available, both before related to the conditions described accounting for the initial inspection and and after the closing date for comments, above, the FAA has determined that AD possible replacement of the stabilon in the Rules Docket for examination by action should be taken to prevent attachment angles and is not interested persons. A report that separation of the stabilon from the considering the number of repetitive summarizes each FAA-public contact airplane, which could cause loss of inspections that may be incurred over concerned with the substance of this airplane stability during flight. the life of the airplane. proposal will be filed in the Rules Docket. Explanation of the Provisions of the Regulatory Impact Proposed AD Commenters wishing the FAA to The regulations proposed herein acknowledge receipt of their comments Since an unsafe condition has been would not have substantial direct effects submitted in response to this notice identified that is likely to exist or on the States, on the relationship must submit a self-addressed, stamped develop in other Beech Model 1900D between the national government and postcard on which the following airplanes of the same type design, the the States, or on the distribution of statement is made: ‘‘Comments to proposed AD would require: power and responsibilities among the Docket No. 96–CE–27–AD.’’ The —Inspecting the left (upper and lower) various levels of government. Therefore, postcard will be date stamped and and right (upper and lower) stabilon in accordance with Executive Order returned to the commenter. attachment angles for proper 12612, it is determined that this Availability of NPRMs thickness, which is .090-inch thick. proposal would not have sufficient Any person may obtain a copy of this —If the attachment angles are the federalism implications to warrant the NPRM by submitting a request to the correct thickness, then no further preparation of a Federalism Assessment. FAA, Central Region, Office of the action is required. For the reasons discussed above, I Assistant Chief Counsel, Attention: —If the attachment angles are not the certify that this action (1) is not a Rules Docket No. 96–CE–27–AD, Room correct thickness (.090-inch thick), the ‘‘significant regulatory action’’ under 1558, 601 E. 12th Street, Kansas City, proposed AD would require: Executive Order 12866; (2) is not a Missouri 64106. —Repetitively inspecting the stabilon ‘‘significant rule’’ under DOT attachment angles for visible cracks at Regulatory Policies and Procedures (44 Discussion intervals not to exceed 50 hours time- FR 11034, February 26, 1979); and (3) if The FAA has recently been notified in-service (TIS), until cracks are promulgated, will not have a significant that certain stabilons with pre- visible or until the replacement of the economic impact, positive or negative, assembled attachment angles, part angles is accomplished. on a substantial number of small entities number (P/N) 114–620024–43 (left) and —Replacing the attachment angles with under the criteria of the Regulatory P/N 114–620024–44 (right), installed on attachment angles of the correct Flexibility Act. A copy of the draft certain Beech Model 1900D airplanes thickness (.090-inch) when cracks regulatory evaluation prepared for this are undersized and may crack and become visible. action has been placed in the Rules separate from the fuselage of the —If no cracks are visible during any of Docket. A copy of it may be obtained by airplane. Although there have not been the required inspections of the contacting the Rules Docket at the any incidents or accidents, these proposed AD, replacing the location provided under the caption particular attachment angles, which are attachment angles with attachment ADDRESSES. angles of the correct thickness upon .071-inch thick, were not designed for List of Subjects in 14 CFR Part 39 use on the Beech Model 1900D airplane. the accumulation of 600 hours TIS, Instead, these particular attachment after the effective date of the proposed Air transportation, Aircraft, Aviation angles were designed for the Beech AD. safety, Safety. Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules 54967

The Proposed Amendment (i) Repetitively inspect the stabilon directive (AD), applicable to certain attachment angles for cracks, at intervals not Jetstream Model 4101 airplanes, that Accordingly, pursuant to the to exceed 50 hours TIS, until cracks are currently requires a one-time inspection authority delegated to me by the visible or until the attachment angles are of the airplane records to determine the Administrator, the Federal Aviation replaced. serial number, the total number of hours Administration proposes to amend part (ii) If cracks are visible, prior to further time-in-service accumulated, and the 39 of the Federal Aviation Regulations flight, replace the attachment angles with date of installation of the yaw damper (14 CFR part 39) as follows: attachment angles of the correct thickness (.090-inch). servo in the autopilot system; and to PART 39ÐAIRWORTHINESS (iii) If no cracks are visible during any of determine the date of installation of a the required inspections of this AD, replace DIRECTIVES particular kit, if installed. That AD also the attachment angles with attachment angles requires removing and replacing the of the correct thickness (.090-inch) upon the yaw damper servo, or rendering the yaw 1. The authority citation for part 39 accumulation of 600 hours TIS, after the continues to read as follows: effective date of this AD. damper servo inoperative. The actions Authority: 49 U.S.C. 106(g), 40113, 44701. (b) The replacement of the correct stabilon specified by that AD are intended to attachment angles at any time after the prevent overheat failure of the Flight § 39.13 [Amended] effective date of this AD will terminate the Control Computer (FCC), which could 2. Section 39.13 is amended by repetitive inspection requirements of this result in smoke in the flight deck that AD. could inhibit the ability of the adding a new airworthiness directive (c) Special flight permits may be issued in (AD) to read as follows: flightcrew to safely operate and land the accordance with sections 21.197 and 21.199 airplane. This action would require of the Federal Aviation Regulations (14 CFR Beech Aircraft Corporation: Docket No. 96– installation of circuit breakers on the CE–27–AD. 21.197 and 21.199) to operate the airplane to avionics relay panel, which, when Applicability: Model 1900D airplanes a location where the requirements of this AD can be accomplished. accomplished, would constitute (serial numbers UE–1 through UE–215), (d) An alternative method of compliance or terminating action for the previous certificated in any category. adjustment of the initial or repetitive requirements of the AD. Note 1: This AD applies to each airplane compliance times that provides an equivalent identified in the preceding applicability DATES: Comments must be received by level of safety may be approved by the December 3, 1996. provision, regardless of whether it has been Manager, Wichita Aircraft Certification modified, altered, or repaired in the area Office, 1801 Airport Rd., Rm. 100, Mid- ADDRESSES: Submit comments in subject to the requirements of this AD. For Continent Airport, Wichita, Kansas 67209. triplicate to the Federal Aviation airplanes that have been modified, altered, or The request shall be forwarded through an Administration (FAA), Transport repaired so that the performance of the appropriate FAA Maintenance Inspector, Airplane Directorate, ANM–103, requirements of this AD is affected, the who may add comments and then send it to Attention: Rules Docket No. 96–NM– owner/operator must request approval for an the Manager, Wichita Aircraft Certification 243–AD, 1601 Lind Avenue SW., alternative method of compliance in Office. accordance with paragraph (d) of this AD. Renton, Washington 98055–4056. Note 2: Information concerning the Comments may be inspected at this The request should include an assessment of existence of approved alternative methods of the effect of the modification, alteration, or compliance with this AD, if any, may be location between 9:00 a.m. and 3:00 repair on the unsafe condition addressed by obtained from the Wichita Aircraft p.m., Monday through Friday, except this AD; and, if the unsafe condition has not Certification Office. Federal holidays. been eliminated, the request should include (e) All persons affected by this directive The service information referenced in specific proposed actions to address it. may obtain copies of this document referred the proposed rule may be obtained from Note 2: The paragraph structure of this AD to herein upon request to Beech Aircraft Jetstream Aircraft, Inc., P.O. Box 16029, is as follows: Corporation, P. O. Box 85, Wichita, Kansas Dulles International Airport, Level 1: (a), (b), (c), etc. 67201–0085; or may examine this document Washington, DC 20041–6029. This Level 2: (1), (2), (3), etc. at the FAA, Central Region, Office of the information may be examined at the Level 3: (i), (ii), (iii), etc. Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. FAA, Transport Airplane Directorate, Level 2 and Level 3 structures are 1601 Lind Avenue SW., Renton, Issued in Kansas City, Missouri, on designations of the Level 1 paragraph they Washington. immediately follow. October 16, 1996. Compliance: Required within the next 50 Bobby W. Sexton, FOR FURTHER INFORMATION CONTACT: hours time-in-service (TIS) after the effective Acting Manager, Small Airplane Directorate, William Schroeder, Aerospace Engineer, date of this AD, and thereafter as indicated Aircraft Certification Service. Standardization Branch, ANM–113, in the body of this AD, unless already [FR Doc. 96–27138 Filed 10–22–96; 8:45 am] FAA, Transport Airplane Directorate, accomplished. 1601 Lind Avenue SW., Renton, BILLING CODE 4910±13±U To prevent separation of the stabilons from Washington 98055–4056; telephone the airplane, which could cause loss of (206) 227–2148; fax (206) 227–1149. airplane stability during flight, accomplish the following: 14 CFR Part 39 SUPPLEMENTARY INFORMATION: (a) Inspect the left upper and lower, and [Docket No. 96±NM±243±AD] Comments Invited the right upper and lower stabilon attachment angles for proper thickness, RIN 2120±AA64 Interested persons are invited to which is .090-inch, in accordance with the participate in the making of the ACCOMPLISHMENT INSTRUCTIONS Airworthiness Directives; Jetstream proposed rule by submitting such section of Beechcraft Mandatory Service Model 4101 Airplanes written data, views, or arguments as Bulletin (MSB) 2651, issued January 1996. AGENCY: Federal Aviation they may desire. Communications shall (1) If the attachment angles are the correct identify the Rules Docket number and thickness, then no further action is required. Administration, DOT. (2) If the attachment angles are not the ACTION: Notice of proposed rulemaking be submitted in triplicate to the address correct thickness, accomplish the following (NPRM). specified above. All communications in accordance with the ACCOMPLISHMENT received on or before the closing date INSTRUCTIONS section of Beechcraft MSB SUMMARY: This document proposes the for comments, specified above, will be 2651, issued January 1996: supersedure of an existing airworthiness considered before taking action on the 54968 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules proposed rule. The proposals contained within the FCC. Such burning, if not described above. The FAA has in this notice may be changed in light corrected, could result in smoke in the examined the findings of the CAA, of the comments received. flight deck, which could inhibit the reviewed all available information, and Comments are specifically invited on ability of the flightcrew to safely operate determined that AD action is necessary the overall regulatory, economic, and land the airplane. The actions for products of this type design that are environmental, and energy aspects of specified in this AD are intended to certificated for operation in the United the proposed rule. All comments prevent such overheat failure. States. submitted will be available, both before and after the closing date for comments, Actions Since Issuance of Previous Rule Explanation of Requirements of in the Rules Docket for examination by When AD 96–19–06 was issued, it Proposed Rule interested persons. A report contained a provision for the optional Since an unsafe condition has been summarizing each FAA-public contact installation of circuit breakers on the identified that is likely to exist or concerned with the substance of this avionics relay panel, which, if installed, develop on other airplanes of the same proposal will be filed in the Rules would constitute terminating action for type design registered in the United Docket. the requirements of the AD. In the States, the proposed AD would Commenters wishing the FAA to preamble to AD 96–19–06, the FAA supersede AD 96–19–06. It would acknowledge receipt of their comments indicated that it intended to revise that continue to require a one-time submitted in response to this notice AD to require the installation of circuit inspection of the airplane records to must submit a self-addressed, stamped breakers on the avionics relay panel. determine the serial number, the total postcard on which the following This action proposes such a number of hours time-in-service statement is made: ‘‘Comments to requirement. accumulated, and the date of Docket Number 96–NM–243–AD.’’ The Explanation of Relevant Service installation of the yaw damper servo in postcard will be date stamped and Information the autopilot system; and to determine returned to the commenter. the date of installation of a particular Jetstream issued Service Bulletin J41– Availability of NPRMs kit, if installed. It also would continue 22–006, dated July 1, 1996, which to require removing and replacing the Any person may obtain a copy of this describes procedures for installation of yaw damper servo, or rendering the yaw NPRM by submitting a request to the circuit breakers on the avionics relay damper servo inoperative. These actions FAA, Transport Airplane Directorate, panel (Kit JK42867) that will open when would be required to be accomplished ANM–103, Attention: Rules Docket No. the current through certain autopilot in accordance with Jetstream Alert 96–NM–243–AD, 1601 Lind Avenue servos is more than a set value. This Service Bulletin J41–22–005, dated July SW., Renton, Washington 98055–4056. installation entails installing a bracket 1, 1996. Discussion and two circuit breakers on the avionics This new proposed AD would require relay panel, re-routing two cables, installation of circuit breakers on the On September 4, 1996, the FAA installing two new cables, and avionics relay panel. Accomplishment issued AD 96–19–06, amendment 39– performing an operational test of the of the installation would constitute 9754 (61 FR 48614, September 16, autopilot system. Accomplishment of terminating action for the previous 1996), applicable to certain Jetstream the installation will prevent overheat requirements of the (existing) AD. The Model 4101 airplanes, to require a one- failure of the FCC when any failure installation would be required to be time inspection of the airplane records occurs in the rudder/yaw damper servo accomplished in accordance with to determine the serial number, the total system or elevator servo system that Jetstream Service Bulletin J41–A22–006, number of hours time-in-service results in excessive current flow to the dated July 1, 1996, described accumulated, and the date of servos. In addition, accomplishment of previously. installation of the yaw damper servo in the installation eliminates the need for the autopilot system; and to determine the one-time inspection, removing and FAA’s Determination Relative to the date of installation of a particular replacing the yaw damper servo and Terminating Actions kit, if installed. That AD also requires installing a new protective box (if not The FAA has determined that long removing and replacing the yaw damper installed previously), or rendering the term continued operational safety will servo, or rendering the yaw damper yaw damper servo inoperative. be better assured by modifications or servo inoperative. That action was The Civil Aviation Authority (CAA), design changes to remove the source of prompted by reports of smoke in the which is the airworthiness authority for the problem, rather than by attempting flight deck due to overheat failure of the the United Kingdom, classified this to eliminate all possible failures of the Flight Control Computer (FCC). service bulletin as mandatory and autopilot rudder/yaw damper servo Investigation revealed that this failure issued British airworthiness directive system or elevator servo system that occurred due to contamination and 002–07–96, dated July 1996, in order to result in excessive current flow to the internal corrosion of the yaw damper assure the continued airworthiness of servos. The proposed modification servo, which is mounted in the tailcone these airplanes in the United Kingdom. requirement is in consonance with this of the airplane. This condition caused consideration. corrosion deposits to build up in the FAA’s Conclusions pins and shell of the electrical This airplane model is manufactured Cost Impact connector of the yaw damper servo and in the United Kingdom and is type There are approximately 55 Jetstream consequent electrical breakdown and certificated for operation in the United Model 4101 airplanes of U.S. registry high current flow through the States under the provisions of section that would be affected by this proposed connecting wires to the FCC, which is 21.29 of the Federal Aviation AD. mounted under the flight deck floor. Regulations (14 CFR 21.29) and the The actions that are currently While this current flow was not high applicable bilateral airworthiness required by AD 96–19–06 take enough to trip the 7.5A circuit breaker agreement. Pursuant to this bilateral approximately 2 to 5 work hours per that protects the FCC, it was sufficient airworthiness agreement, the CAA has airplane to accomplish, at an average to cause burning of the circuit boards kept the FAA informed of the situation labor rate of $60 per work hour. Based Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules 54969 on these figures, the cost impact on U.S. Administrator, the Federal Aviation (1) If Kit JK42716 has not been installed: operators of the actions currently Administration proposes to amend part Prior to the accumulation of 1,000 hours total required is estimated to be between 39 of the Federal Aviation Regulations time-in-service on the yaw damper servo, or $6,600 and $16,500, or between $120 (14 CFR part 39) as follows: within 30 days after October 1, 1996, whichever occurs later. and $300 per airplane. PART 39ÐAIRWORTHINESS (2) If Kit JK42716 has been installed and The new action (installation) that is the yaw damper servo was installed prior to proposed in this AD action would take DIRECTIVES the installation of Kit JK42716: Prior to the approximately 3 work hours per 1. The authority citation for part 39 accumulation of 1,000 hours total time-in- airplane to accomplish, at an average continues to read as follows: service on the yaw damper servo, or within labor rate of $60 per work hour. 30 days after October 1, 1996, whichever Required parts would be provided by Authority: 49 U.S.C. 106(g), 40113, 44701. occurs later. (3) If Kit JK42716 has been installed and the manufacturer at no cost to operators. § 39.13 [Amended] Based on these figures, the cost impact the yaw damper servo was installed after the 2. Section 39.13 is amended by installation of Kit JK42716: Prior to the on U.S. operators of the proposed removing amendment 39–9754 (61 FR accumulation of 3,000 total hours time-in- installation requirement of this AD is 48614, September 16, 1996), and by service on the yaw damper servo, or within estimated to be $9,900, or $180 per adding a new airworthiness directive 30 days after October 1, 1996, whichever airplane. (AD), to read as follows: occurs later. Based on the figures discussed above, (b) Within 90 days after the effective date the (combined) cost impact of this Jetstream Aircraft Limited: Docket 96–NM– of this AD, install circuit breakers on the proposed AD on U.S. operators would 243–AD. Supersedes AD 96–19–06, avionics relay panel (Kit JK42867) in be between $16,500 and $26,400, or Amendment 39–9754. accordance with Jetstream Service Bulletin Applicability: Model 4101 airplanes having J41–22–006, dated July 1, 1996. between $300 and $480 per airplane. Accomplishment of this installation The cost impact figures discussed serial numbers 41004 through 41092 inclusive, on which Jetstream Service constitutes terminating action for the above are based on assumptions that no Bulletin J41–22–006, dated July 1, 1996 (Kit requirements of paragraph (a) of this AD. operator has yet accomplished any of JK42867), has not been accomplished; (c) An alternative method of compliance or the current or proposed requirements of certificated in any category. adjustment of the compliance time that this AD action, and that no operator Note 1: This AD applies to each airplane provides an acceptable level of safety may be would accomplish those actions in the identified in the preceding applicability used if approved by the Manager, future if this AD were not adopted. provision, regardless of whether it has been Standardization Branch, ANM–113, FAA, modified, altered, or repaired in the area Transport Airplane Directorate. Operators Regulatory Impact subject to the requirements of this AD. For shall submit their requests through an The regulations proposed herein airplanes that have been modified, altered, or appropriate FAA Principal Maintenance Inspector, who may add comments and then would not have substantial direct effects repaired so that the performance of the requirements of this AD is affected, the send it to the Manager, Standardization on the States, on the relationship Branch, ANM–113. between the national government and owner/operator must request approval for an alternative method of compliance in Note 2: Information concerning the the States, or on the distribution of accordance with paragraph (c) of this AD. existence of approved alternative methods of power and responsibilities among the The request should include an assessment of compliance with this AD, if any, may be various levels of government. Therefore, the effect of the modification, alteration, or obtained from the Standardization Branch, in accordance with Executive Order repair on the unsafe condition addressed by ANM–113. 12612, it is determined that this this AD; and, if the unsafe condition has not (d) Special flight permits may be issued in proposal would not have sufficient been eliminated, the request should include accordance with sections 21.197 and 21.199 federalism implications to warrant the specific proposed actions to address it. of the Federal Aviation Regulations (14 CFR preparation of a Federalism Assessment. Compliance: Required as indicated, unless 21.197 and 21.199) to operate the airplane to For the reasons discussed above, I accomplished previously. a location where the requirements of this AD certify that this proposed regulation (1) To prevent overheat failure of the Flight can be accomplished. Control Computer (FCC), which could result Issued in Renton, Washington, on October is not a ‘‘significant regulatory action’’ in smoke in the flight deck that could inhibit under Executive Order 12866; (2) is not 17, 1996. the ability of the flightcrew to safely operate Darrell M. Pederson, a ‘‘significant rule’’ under the DOT and land the airplane, accomplish the Regulatory Policies and Procedures (44 following: Acting Manager, Transport Airplane FR 11034, February 26, 1979); and (3) if (a) Within 14 days after October 1, 1996 Directorate, Aircraft Certification Service. promulgated, will not have a significant (the effective date of AD 96–19–06), perform [FR Doc. 96–27239 Filed 10–22–96; 8:45 am] economic impact, positive or negative, a one-time inspection of the airplane records BILLING CODE 4910±13±U on a substantial number of small entities to determine the serial number, the total number of hours time-in-service under the criteria of the Regulatory accumulated, and the date of installation of 14 CFR Part 39 Flexibility Act. A copy of the draft the yaw damper servo in the autopilot regulatory evaluation prepared for this system; and to determine the date of [Docket No. 96±NM±235±AD] action is contained in the Rules Docket. installation of Kit JK42716 (reference RIN 2120±AA64 A copy of it may be obtained by Jetstream Service Bulletin J41–53–016 or J41– contacting the Rules Docket at the 22–007), if installed. Accomplish the inspection in accordance with Part 1 of the Airworthiness Directives; McDonnell location provided under the caption Douglas Model DC±9 Series Airplanes ADDRESSES. Accomplishment Instructions of Jetstream Alert Service Bulletin J41–A22–005, dated AGENCY: Federal Aviation List of Subjects in 14 CFR Part 39 July 1, 1996. Thereafter, either remove and replace the yaw damper servo and install Kit Administration, DOT. Air transportation, Aircraft, Aviation JK42716 (if not installed previously), or ACTION: Notice of proposed rulemaking safety, Safety. render the yaw damper servo inoperative, in (NPRM). The Proposed Amendment accordance with Part 2 or 3 of the alert service bulletin, respectively, at the time SUMMARY: This document proposes the Accordingly, pursuant to the specified in paragraph (a)(1), (a)(2), or (a)(3) supersedure of an existing airworthiness authority delegated to me by the of this AD, as applicable. directive (AD), applicable to certain 54970 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules

McDonnell Douglas DC–9 series received on or before the closing date new procedure for the installation of the airplanes, that currently requires for comments, specified above, will be ADF antennas. Installation of the repetitive visual inspections to detect considered before taking action on the antennas using the improved corrosion and cracking of the fuselage proposed rule. The proposals contained installation procedure will eliminate the upper skin and frames in the area of the in this notice may be changed in light need for repetitive inspections to detect loop antenna assemblies of the of the comments received. corrosion and cracking of the fuselage automatic direction finder (ADF), and Comments are specifically invited on upper skin for cracks and corrosion repair, if necessary. This action would the overall regulatory, economic, under the ADF loop antenna. add a requirement to perform a visual environmental, and energy aspects of and an eddy current inspection of the the proposed rule. All comments Explanation of Relevant Service fuselage forward upper skin under the submitted will be available, both before Information antennas, followed by the reinstallation and after the closing date for comments, The FAA has reviewed and approved of the ADF antennas using an improved in the Rules Docket for examination by McDonnell Douglas Service Bulletin procedure. This proposal is prompted interested persons. A report DC–9–53–284, dated August 20, 1996, by the development of a modification of summarizing each FAA-public contact which describes procedures for a one- the ADF antenna installation that would concerned with the substance of this time visual and a one-time high constitute terminating action for the proposal will be filed in the Rules frequency eddy current inspection to required repetitive visual inspections. Docket. detect corrosion and cracking of the The actions specified by the proposed Commenters wishing the FAA to fuselage forward upper skin under the AD are intended to prevent rapid acknowledge receipt of their comments antennas. The service bulletin also decompression of the fuselage, submitted in response to this notice describes procedures for repair of significant structural damage, and must submit a self-addressed, stamped certain corrosion or cracking that is subsequent reduced structural integrity postcard on which the following within the limits specified by the of the airplane, due to problems statement is made: ‘‘Comments to service bulletin. In addition, the service associated with corrosion and fatigue Docket Number 96–NM–235–AD.’’ The bulletin describes procedures for cracking in the subject area. postcard will be date stamped and modification of the ADF antennas using DATES: Comments must be received by returned to the commenter. an improved installation procedure. December 3, 1996. Availability of NPRMs Accomplishment of the inspections and ADDRESSES: Submit comments in installation procedure eliminates the triplicate to the Federal Aviation Any person may obtain a copy of this need for repetitive visual inspections of Administration (FAA), Transport NPRM by submitting a request to the the area. Airplane Directorate, ANM–103, FAA, Transport Airplane Directorate, Explanation of Requirements of Attention: Rules Docket No. 96–NM– ANM–103, Attention: Rules Docket No. Proposed Rule 235–AD, 1601 Lind Avenue, SW., 96–NM–235–AD, 1601 Lind Avenue, Renton, Washington 98055–4056. SW., Renton, Washington 98055–4056. Since an unsafe condition has been Comments may be inspected at this Discussion identified that is likely to exist or location between 9:00 a.m. and 3:00 On March 28, 1996, the FAA issued develop on other products of this same p.m., Monday through Friday, except AD 96–07–51, amendment 39–9562 (61 type design, the proposed AD would Federal holidays. FR 15882, April 10, 1996), applicable to supersede AD 96–07–51 to continue to The service information referenced in certain McDonnell Douglas DC–9 series require repetitive internal visual the proposed rule may be obtained from airplanes, to require repetitive internal inspections to detect corrosion and McDonnell Douglas Corporation, 3855 visual inspections to detect corrosion cracking of the fuselage forward upper Lakewood Boulevard, Long Beach, and cracking of the fuselage forward skin and to detect cracking of the California 90846, Attention: Technical upper skin and to detect cracking of the fuselage frame in the area of the forward Publications Business Administration, fuselage frames in the subject area. That and aft loop antenna assemblies of the Department C1–L51 (2–60). This AD also requires repair of any corrosion automatic direction finder (ADF). information may be examined at the or cracking found. That action was The proposed AD would add a FAA, Transport Airplane Directorate, prompted by a report indicating that requirement for removing the ADF 1601 Lind Avenue, SW., Renton, severe corrosion and a 39-inch crack of antennas and performing a one-time Washington. the forward fuselage upper skin was visual and a one-time high frequency FOR FURTHER INFORMATION CONTACT: found during scheduled maintenance on eddy current inspection to detect Wahib Mina, Aerospace Engineer, a McDonnell Douglas Model DC–9–31 corrosion and cracking of the fuselage Airframe Branch, ANM–120L, FAA, Los series airplane. Additionally, forward upper skin under the antennas; Angeles Aircraft Certification Office, subsequent inspection of the adjacent reinstallation of the ADF antennas using 3960 Paramount Boulevard, Lakewood, structure revealed cracking of the an improved installation procedure California 90712; telephone (310) 627– fuselage frame at fuselage station 275. would constitute terminating action for 5324; fax (310) 627–5210. The cracking found has been attributed the previously required repetitive visual SUPPLEMENTARY INFORMATION: to fatigue. Corrosion and fatigue inspections. The proposed AD also cracking in these areas, if not detected would require repair of any corrosion or Comments Invited and corrected in a timely manner, could cracking detected that is within the Interested persons are invited to result in rapid decompression of the limits specified by the service bulletin. participate in the making of the fuselage, significant damage to adjacent Those actions would be required to be proposed rule by submitting such structure, and subsequent reduced accomplished in accordance with the written data, views, or arguments as structural integrity of the airplane. service bulletin described previously. they may desire. Communications shall If any corrosion or cracking is identify the Rules Docket number and Actions Since Issuance of Previous Rule detected that is beyond the limits be submitted in triplicate to the address Since the issuance of that AD, specified in the service bulletin, the specified above. All communications McDonnell Douglas has developed a repair would be required to be Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules 54971 accomplished in acordance with a For the reasons discussed above, I subsequent reduced structural integrity of the method approved by the FAA. certify that this proposed regulation (1) airplane, due to problems associated with is not a ‘‘significant regulatory action’’ corrosion and fatigue cracking, accomplish FAA’s Determination Regarding under Executive Order 12866; (2) is not the following: Terminating Actions (a) Within 15 days after April 15, 1996 (the a ‘‘significant rule’’ under the DOT The FAA has determined that long effective date of AD 96–07–51, amendment Regulatory Policies and Procedures (44 39–9562): Perform an internal visual term continued operational safety will FR 11034, February 26, 1979); and (3) if inspection to detect corrosion and cracking of be better assured by modifications or promulgated, will not have a significant the fuselage forward upper skin and to detect design changes to remove the source of economic impact, positive or negative, cracking of the fuselage frame in the area of the problem, rather than by repetitive on a substantial number of small entities the forward and aft loop antenna assemblies inspections. Long term inspections may under the criteria of the Regulatory of the automatic direction finder (ADF), in not be providing the degree of safety Flexibility Act. A copy of the draft accordance with McDonnell Douglas Alert Service Bulletin DC9–53A282, dated March assurance necessary for the transport regulatory evaluation prepared for this airplane fleet. This, coupled with a 20, 1996. action is contained in the Rules Docket. (1) If no corrosion or cracking is detected: better understanding of the human A copy of it may be obtained by Repeat the visual inspection required by factors associated with numerous contacting the Rules Docket at the paragraph (a) of this AD thereafter at repetitive inspections, has led the FAA location provided under the caption intervals not to exceed six months. to consider placing less emphasis on ADDRESSES. (2) If any corrosion or cracking is detected special procedures and more emphasis that is within the limits specified in Chapter on design improvements. The proposed List of Subjects in 14 CFR Part 39 53–04, Figure 29, of the DC–9 Structural modification requirement is in Air transportation, Aircraft, Aviation Repair Manual (SRM): Prior to further flight, consonance with these considerations. safety, Safety. repair in accordance with Chapter 53–04, Figure 29, of the SRM. Repeat the visual Cost Impact The Proposed Amendment inspection required by paragraph (a) of this AD thereafter at intervals not to exceed six There are approximately 569 Accordingly, pursuant to the months. McDonnell Douglas Model DC–9 series authority delegated to me by the (3) If any corrosion or cracking is detected airplanes of the affected design in the Administrator, the Federal Aviation in the fuselage forward upper skin, or if any worldwide fleet. The FAA estimates that Administration proposes to amend part cracking is detected in the fuselage frame, 403 airplanes of U.S. registry would be 39 of the Federal Aviation Regulations and that corrosion or cracking is outside the affected by this proposed AD. (14 CFR part 39) as follows: limits specified in Chapter 53–04, Figure 29, The actions that are currently of the SRM: Prior to further flight, repair in required by AD 96–07–51 take PART 39ÐAIRWORTHINESS accordance with a method approved by the approximately 5 work hours per DIRECTIVES Manager, Los Angeles Aircraft Certification airplane to accomplish, at an average Office (ACO), FAA, Transport Airplane 1. The authority citation for part 39 Directorate. labor rate of $60 per work hour. Based continues to read as follows: (b) Within 24 months after the effective on these figures, the cost impact on U.S. date of this AD: Remove the ADF antennas Authority: 49 U.S.C. 106(g), 40113, 44701. operators of the actions currently and perform visual and high frequency eddy required is estimated to be $120,900, or § 39.13 [Amended] current inspections to detect corrosion and $300 per airplane, per inspection. 2. Section 39.13 is amended by cracking of the fuselage forward upper skin The new actions that are proposed in under the antennas, in accordance with removing amendment 39–9562 (61 FR this AD action would take McDonnell Douglas Service Bulletin DC9– 15882, April 10, 1996), and by adding approximately 16 work hours per 53–284, dated August 20, 1996; and a new airworthiness directive (AD), to airplane to accomplish, at an average accomplish the requirements of paragraph read as follows: labor rate of $60 per work hour. Based (b)(1), (b)(2), or (b)(3) of this AD, as McDonnell Douglas: Docket 96–NM–235– applicable, at the times specified. on these figures, the cost impact on U.S. Accomplishment of the actions specified in operators of the proposed requirements AD. Supersedes AD 96–07–51, Amendment 39–9562. paragraph (b)(1) or (b)(2) of this AD of this AD is estimated to be $386,880, constitute terminating action for the or $960 per airplane. Applicability: Model DC–9 series airplanes requirements of paragraphs (a)(1) and (a)(2) The cost impact figures discussed having fuselage numbers 001 through 631 of this AD. inclusive, certificated in any category. above are based on assumptions that no (1) If no cracking or corrosion is detected: operator has yet accomplished any of Note 1: This AD applies to each airplane Prior to further flight, reinstall the ADF identified in the preceding applicability antennas using the improved installation the current or proposed requirements of provision, regardless of whether it has been this AD action, and that no operator procedure in accordance with the service modified, altered, or repaired in the area bulletin. would accomplish those actions in the subject to the requirements of this AD. For (2) If any cracking or corrosion is detected future if this AD were not adopted. airplanes that have been modified, altered, or that is within the limits specified in Chapter repaired so that the performance of the Regulatory Impact 53–04 of the DC–9 Structural Repair Manual requirements of this AD is affected, the (SRM): Prior to further flight, repair in The regulations proposed herein owner/operator must request approval for an accordance with Chapter 53–04 of the DC–9 would not have substantial direct effects alternative method of compliance in SRM, and reinstall the ADF antennas using on the States, on the relationship accordance with paragraph (c)(1) of this AD. the improved installation procedure in between the national government and The request should include an assessment of accordance with the service bulletin. the States, or on the distribution of the effect of the modification, alteration, or (3) If any cracking or corrosion is detected repair on the unsafe condition addressed by that is outside the limits specified in Chapter power and responsibilities among the this AD; and, if the unsafe condition has not various levels of government. Therefore, 53–04 of the SRM: Prior to further flight, been eliminated, the request should include repair in accordance with a method approved in accordance with Executive Order specific proposed actions to address it. by the Manager, Los Angeles Certification 12612, it is determined that this Compliance: Required as indicated, unless Office (ACO), FAA, Transport Airport proposal would not have sufficient accomplished previously. Directorate. federalism implications to warrant the To prevent rapid decompression of the (c)(1) An alternative method of compliance preparation of a Federalism Assessment. fuselage, significant structural damage, and or adjustment of the compliance time that 54972 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules provides an acceptable level of safety may be opinion by providing such an views on how the Agency intends to used if approved by the Manager, Los opportunity. review SIPs and SIP revisions submitted Angeles Aircraft Certification Office (ACO), DATES: Comments on this proposed under Title I of the Act, including those FAA, Transport Airplane Directorate. state submittals containing moderate Operators shall submit their requests through action must be received in writing by an appropriate FAA Principal Maintenance December 23, 1996. PM10 nonattainment area SIP Inspector, who may add comments and then ADDRESSES: Comments must be provisions. See generally 57 FR 13498 send it to the Manager, Los Angeles ACO. submitted to Frances Wicher, U.S. (April 16, 1992) and 57 FR 18070 (April Note 2: Information concerning the Environmental Protection Agency 28, 1992). existence of approved alternative methods of Region 9, 75 Hawthorne Street, San Those states containing initial compliance with this AD, if any, may be Francisco, CA 94105. Copies of the moderate PM10 nonattainment areas obtained from the Los Angeles ACO. State’s submittal and other information were required to submit, among other (2) Alternative methods of compliance, are contained in the docket for this things, the following provisions by approved in accordance with AD 96–07–71, rulemaking. The docket is available for November 15, 1991: amendment 39–9562, are approved as inspection during normal business alternative methods of compliance with this 1. Pursuant to section 189(a)(1)(C) of AD. hours at the above Region 9 address. the CAA, provisions to assure that (d) Special flight permits may be issued in FOR FURTHER INFORMATION CONTACT: reasonably available control measures accordance with sections 21.197 and 21.199 Frances Wicher (A–2–1) U. S. (RACM) (including such reductions in of the Federal Aviation Regulations (14 CFR Environmental Protection Agency, emissions from existing sources in the 21.197 and 21.199) to operate the airplane to Region 9, Air and Toxics Division, 75 area as may be obtained through the a location where the requirements of this AD Hawthorne Street, San Francisco, CA adoption, at a minimum, of reasonably can be accomplished. 94105, (415) 744–1248. available control technology—RACT) Issued in Renton, Washington, on October shall be implemented no later than 17, 1996. SUPPLEMENTARY INFORMATION: December 10, 1993; Darrell M. Pederson, I. Background 2. Pursuant to section 189(a)(1)(B), Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. A. Clean Air Act Requirements either a demonstration (including air quality modeling) that the plan will [FR Doc. 96–27238 Filed 10–22–96; 8:45 am] On the date of enactment of the 1990 provide for attainment as expeditiously BILLING CODE 4910±13±U Clean Air Act Amendments, PM10 areas, including the Phoenix Planning Area as practicable but no later than (PPA), meeting the conditions of section December 31, 1994 or a demonstration 107(d) of the Act were designated that attainment by that date is ENVIRONMENTAL PROTECTION nonattainment by operation of law. impracticable; AGENCY Once an area is designated 3. Pursuant to section 189(c), for plan 40 CFR Part 52 nonattainment, section 188 of the Act revisions demonstrating attainment, outlines the process for classification of quantitative milestones which are to be [AZ±036±1±0008; FRL±5632±2] the area and establishes the area’s achieved every 3 years and which attainment date. In accordance with demonstrate reasonable further progress Approval and Promulgation of section 188(a), at the time of (RFP) toward attainment by December 2 Implementation Plans; ArizonaÐ designation, all PM10 nonattainment 31, 1994; and Phoenix Nonattainment Area; PM10 areas were initially classified as 4. Pursuant to sections 172(c)(2) and ‘‘moderate’’ by operation of law. See 56 AGENCY: U.S. Environmental Protection 171(1), for plan revisions demonstrating Agency (EPA). FR 11101 (March 15, 1991). A moderate impracticability, such annual area may subsequently be reclassified as ACTION: Notice of proposed rulemaking. incremental reductions in PM10 ‘‘serious’’ under section 188(b)(1) of the emissions as are required by part D of SUMMARY: EPA today proposes to restore Clean Air Act (CAA) if at any time EPA the Act or may reasonably be required its approval of portions of the State determines that the area cannot by the Administrator for the purpose of implementation plan (SIP) submitted by practicably attain the PM10 NAAQS by ensuring attainment of the PM10 the State of Arizona for the purpose of the applicable attainment date for NAAQS by the applicable attainment bringing about the attainment in the moderate areas, December 31, 1994. date. Phoenix Planning Area (PPA) of the Moreover, a moderate area must be B. EPA Approval of Arizona’s Moderate national ambient air quality standards reclassified if EPA determines within Area PM Plan (NAAQS) for particulate matter with an six months after the applicable 10 aerodynamic diameter less than or equal attainment date that, based on actual air On July 28, 1994, EPA proposed to to a nominal 10 micrometers (PM10). quality data, the area is not in approve The State of Arizona’s In April 1995, EPA approved the attainment after that date. See section moderate area PM10 implementation State’s ‘‘moderate’’ area SIP as satisfying 188(b)(2) of the CAA.1 plan revision for the PPA. 59 FR 38402. Federal requirements in the Clean Air The air quality planning requirements In its Notice of Proposed Rulemaking Act for an approvable nonattainment for moderate PM10 nonattainment areas (NPRM), EPA proposed to approve, are set out in subparts 1 and 4 of Title area PM10 plan for the PPA. In May among other elements in the plan, the 1996, the United States Court of I of the Act. EPA has issued a ‘‘General State’s RFP and RACM demonstrations Appeals for the Ninth Circuit in Ober v. Preamble’’ describing EPA’s preliminary as meeting the requirements of sections EPA vacated EPA’s approval and 172(c)(2), 171(1), 172(c)(1), and 1 directed the Agency to provide an On May 10, 1996, EPA published a final 189(a)(1)(C) of the CAA. Based on its reclassification of the PPA as a serious PM10 opportunity for comment on issues nonattainment area based on actual air quality data. 2 related to the reasonably available See 61 FR 21372. Having been reclassified, the area As will be seen below, the PM10 plan for the control measure (RACM) and reasonable is required to meet the serious area requirements in PPA did not demonstrate attainment by December further progress (RFP) demonstrations the CAA, including a demonstration that the area 31, 1994, but rather included the alternative will attain the PM NAAQS as expeditiously as in the SIP. The intent of this proposed 10 demonstration that attainment by that date is practicable but no later than December 31, 2001. impracticable. Therefore, section 189(c) does not See sections 188(c)(2) and 189(b). action is to comply with the Court’s apply and is not discussed further in this notice. Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules 54973 approval of the RACM demonstration, On April 10, 1995, having considered by the statutory deadline. Instead, the EPA also proposed to approve, as ACLPI’s comments, EPA published a Court found that the Agency improperly meeting the requirements of section NFRM in the Federal Register substituted its own recalculation of the 189(a)(1)(B), the State’s demonstration approving the State’s moderate area emission reduction credit attributed to that even with the implementation of all PM10 SIP for the PPA. 60 FR 18010. In rule 310 without providing the required RACM by December 10, 1993, it was its final action, EPA approved, among opportunity for public comment. impracticable for the PPA to attain the other elements of the plan, the State’s Having made the above findings, the 3 PM10 NAAQS by December 31, 1994. RACM and RFP demonstrations, and the Court remanded the case to EPA with During the 30 day public comment State’s demonstration that even with the instructions to provide an opportunity period on the NPRM, the Arizona Center implementation of all RACM by for public comment on the post- for Law in the Public Interest (ACLPI) December 10, 1993, it was not comment period justifications for submitted lengthy comments on many practicable for the PPA to attain the rejecting certain control measures as aspects of EPA’s proposed approval of PM10 NAAQS by December 31, 1994. RACM and on the RFP demonstration. the State’s moderate area PM plan. 10 II. Today’s Actions Among ACLPI’s comments was a claim C. Ninth Circuit Litigation that the State had failed to submit On May 1, 1995, ACLPI filed, on A. RACM Demonstration adequate, or in some instances any, behalf of two Phoenix residents, a In today’s action, EPA is taking justifications, as required by the CAA petition for review, Ober v. EPA, No. comment on the expanded justifications and EPA policy guidance, for rejecting 95–70352, of EPA’s approval of for rejecting certain control measures as certain measures as RACM. In preparing Arizona’s moderate area PM10 plan for RACM that the State submitted to EPA a response to this comment, EPA the PPA in the United States Court of in December 1994, following the close requested that the State submit Appeals for the Ninth Circuit. On May of the public comment period on EPA’s additional detail and elaboration on the 14, 1996, the Court issued its opinion in July 1994 proposed approval of the State’s reasoning regarding its RACM the Ober case vacating EPA’s approval State’s moderate area PM10 plan. See determination. The State submitted this of the State’s plan.5 MAG Supplementary document. information in December 1994 after the As an initial matter, the Court EPA is today reaffirming its analysis close of the public comment period on concluded that the State was required to of the RACM demonstration in the the NPRM in a document entitled address in its SIP the moderate area State’s moderate area PM10 plan as ‘‘Summary of Local Government requirements regarding RFP, RACM and discussed in the NPRM and the NFRM Commitments to Implement Measures attainment or impracticability for both for the Agency’s approval action, and and Reasoned Justification for the 24-hour and the annual PM10 therefore proposes to restore its Nonimplementation for the MAG 1991 NAAQS. The Court found that the approval of these elements of the State’s Particulate Plan for PM10 and Select State’s moderate area SIP improperly plan.7 Measures from the Clean Air Act addressed the required demonstrations B. RFP Demonstration Section 108(f)’’ (MAG Supplementary only for the annual standard.6 The Court document). This document is included then considered EPA’s approval of the As stated above, the Ober Court in the docket for EPA’s final action following annual standard directed EPA to take comment on the approving the moderate area plan. 60 FR demonstrations in the plan. appropriate emission reduction credit 18010. With regard to EPA’s approval of the attributed to Maricopa County rule 310 ACLPI also disputed EPA’s proposed State’s RACM demonstration, the Court as it relates to the RFP demonstration in approval of the State’s moderate area concluded that EPA violated the the State’s moderate area PM10 plan. In PM10 plan as meeting the CAA’s RFP Administrative Procedure Act and the preparing to comply with the Court’s requirements. ACLPI claimed that the CAA by not providing an opportunity directive, the Agency reviewed both the State failed to demonstrate any for public comment on the justifications emission reduction credits originally incremental progress in the PPA for rejecting certain control measures as assigned by the State to the control because under the plan PM10 emissions RACM that the State provided to EPA measures in the plan, including rule would actually increase from the 1989 after the close of the public comment 310, and EPA’s recalculation of those base year to 1994, the attainment year.4 period on the Agency’s proposed SIP credits as described in the NFRM. See approval action. See MAG 60 FR 18018. In that recalculation EPA 3 The reader should refer to both the NPRM, 59 Supplementary document. had assumed the measures in the plan FR 38402, and the Notice of Final Rulemaking In addition, with regard to EPA’s would yield emission reductions over a (NFRM), 60 FR 18010 (April 10, 1995), for EPA’s approval of the RFP demonstration, the greater geographic area than the State interpretation of the certain moderate area PM10 had claimed. EPA has, however, requirements of the CAA and the Agency’s Court did not reach the merits of application of these interpretations to the State’s ACLPI’s challenge to EPA’s concluded from its current review that moderate area PM10 plan. Those notices should also interpretation of RFP for moderate PM10 the emission reduction potential of the be consulted for the history of the State’s PM10 plan areas demonstrating that it was measures cited in the NFRM was in submittals and EPA’s actions concerning them. impracticable to attain the PM NAAQS error, and that the State’s original 4 During the Ninth Circuit litigation on EPA’s 10 approval of the plan, discussed in section I.C. of calculation was appropriate. EPA’s this notice, ACLPI elaborated on this claim. ACLPI 5 The reader is referred to the text of the opinion review and conclusions are discussed in maintained that EPA had erroneously and for the Court’s disposition of the range of issues detail in the Technical Support improperly recalculated the emission reduction raised by ACLPI in its petition. See 84 F.3d 304 (9th Document (TSD) for this notice. credit assigned by the State to Maricopa County Cir. 1996). Today’s notice addresses only a portion In conducting the above review, it rule 310 (fugitive dust). ACLPI asserted that EPA of that disposition. was not entitled to calculate the control 6 In order to remedy the failure of the State to also came to the Agency’s attention that effectiveness of the rule based on the entire address the required demonstrations for the 24-hour nonattainment area (rather than just the urban standard, the Court required EPA to in turn require 7 EPA intends in a future rulemaking to restore its portion as the State had done). ACLPI claimed that the State to submit those demonstrations. Today’s final approval of several Maricopa County rules in without EPA’s unwarranted inflation of the credit notice, however, addresses only those aspects of the the moderate area PM10 plan that were not assigned to the rule, PM10 emissions in the PPA Court’s findings and conclusions with respect to the challenged in the Ninth Circuit, the approval of would increase in violation of the CAA’s RFP RACM, RFP and impracticability demonstrations which were nevertheless vacated by the Court’s requirements. for the annual standard. opinion. 54974 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules its statements in the NFRM regarding Ober litigation. See Brief for C. Impracticability Demonstration 9 the scope of the emission reductions Respondents, pp. 7–8 and 42. The Ober Court did not specifically required to demonstrate RFP under EPA believes the interpretation address EPA’s approval of the State’s sections 172(c)(2) and 171(1) of the Act presented in the Agency’s Ober brief is moderate area demonstration that it was consistent with the statutory term for plans demonstrating impracticability impracticable for the PPA to attain the ‘‘reasonable further progress.’’ RFP is may be ambiguous. In order to eliminate PM NAAQS by the statutory deadline. defined in section 171(1) as either 10 any confusion that may have resulted Nor did the Court direct EPA to take any annual incremental reductions as are from these statements, EPA is today action with respect to that required under part D, or such clarifying its interpretation of the RFP demonstration. Nevertheless, for the reductions as the Administrator may requirements for such plans. reasons discussed below, EPA is today In response to ACLPI’s comment on reasonably require ‘‘for the purpose of proposing to restore its approval of the the NPRM that the plan did not ensuring attainment of the [NAAQS] by State’s moderate area impracticability demonstrate RFP from the 1989 base the applicable date.’’ However, as demonstration. year to 1994 because emissions actually mentioned above, the PPA did not As stated previously, the Ninth increased during that period, EPA in the demonstrate attainment, but instead Circuit vacated EPA’s approval of the NFRM noted the 1989 base year demonstrated that it was impracticable State’s moderate area PM plan in its inventory and the projected 1994 to attain the PM standard by the 10 10 entirety, including the State’s inventory numbers. EPA then stated that December 31, 1994 moderate area PM10 ‘‘* * * the total 1994 projected attainment deadline, even after demonstration that it was impracticable inventory after application of RACM implementation of RACM. Once EPA for the PPA to attain the annual PM10 ** * shows, consistent with EPA’s has determined that such an area has NAAQS by the end of 1994 even with guidance on demonstrating RFP, which implemented all reasonable control the implementation of all RACM. is described in greater detail earlier in measures that are available, and that the Clearly the validity of EPA’s approval of this notice [at p. 18013] * * * that the area still would not timely attain, there this impracticability demonstration is area has indeed made progress in are no further reductions that would be dependent on an approved RACM reducing emissions from the base year reasonable to require ‘‘for the purpose of demonstration. The approvability of the total, and thus has demonstrated it has ensuring attainment’’ by the moderate RACM demonstration depends in turn met the requirements of section area attainment deadline. Thus, the on the appropriateness of the State’s 172(c)(2) for the period 1990–1994.’’ 60 emissions reductions achieved by such justification for rejecting certain control FR 18018, col. 2. an area through implementation of all measures as RACM. As stated above, Elsewhere in the NFRM, in its general RACM, by definition, would satisfy the EPA is providing an opportunity for discussion of the issue, the Agency requirement to demonstrate reasonable comment on a number of these stated that plans demonstrating further progress in the period before the justifications and proposing to restore impracticability ‘‘should show that even State must submit the additional its approval of the RACM demonstration though the emission reductions measures needed to produce the net in today’s notice. achieved through the implementation of emissions reductions required to bring EPA believes that because the PPA all RACM may not be enough to enable about attainment. was reclassified from a moderate to a the area to demonstrate attainment by As discussed in the TSD for this serious nonattainment area in 1996, the the moderate area deadline of December notice, EPA has concluded that the moderate area attainment requirements 31, 1994, such implementation has State’s original calculation of the (demonstration of impracticability or resulted in ‘incremental reductions’ in emission reduction potential of the attainment by no later than December emissions of PM10 as the RFP definition control measures in its moderate area 31, 1994) have been superseded by the in section 171(1) specifies.’’ 60 FR PM10 plan demonstrates incremental serious area attainment requirement 18013, col. 2. PM10 emission reductions from the (attainment by no later than December EPA intended in the above NFRM implementation of all RACM over pre- 31, 2001) and are therefore now moot. discussions to interpret the RFP implementation levels. Therefore, EPA Having reviewed the CAA’s moderate requirement for areas demonstrating believes that the State has met the RFP and serious area PM10 attainment impracticability as being met by a requirements, as clarified in today’s provisions, EPA has concluded that showing that the implementation of all notice, of section 172(c)(2) for plans when a moderate PM10 area has been RACM has resulted in incremental demonstrating impracticability. As a reclassified after the moderate area emission reductions below pre- result, EPA is today proposing to restore attainment deadline has passed and implementation levels.8 That EPA its approval of the RFP demonstration in been replaced with a new deadline, the intended this interpretation is the State’s moderate area PM10 plan. moderate area deadline no longer has demonstrated by the discussion of the EPA is also today reaffirming, with the any logical, practical or legal RFP issue in the Agency’s brief in the above clarification, its analysis of the significance. Similarly, once such a RFP requirements for moderate area reclassification has occurred, the 8 EPA did not intend to suggest, as might be PM10 plans demonstrating approval status of the SIP provisions inferred from its response to ACLPI’s comment, that impracticability as discussed in the addressing the previous attainment a showing in such plans of emission reductions from 1989 (or 1990) to 1994 would be necessary to NFRM at 60 FR 18012–13. requirements is no longer of any meet the RFP requirements. As stated in the quoted consequence. Thus, under this passage from EPA’s response to ACLPI’s comment, 9 See also Brief for Respondents at pp. 43–44: interpretation, there would be no need the Agency simply meant that such a showing What the Act requires is the implementation of to restore the Agency’s approval of the would be consistent with EPA’s guidance as set RACM by December 10, 1993. 42 U.S.C. State’s moderate area impracticability forth at 60 FR 18013. Having concluded that the 7513a(a)(1)(C). For that reason * * * EPA has State’s original calculation of the emission stated that the incremental reductions compelled demonstration for the PPA. reduction potential of the control measures in the for moderate areas are those that resulted from the However, in addition to the Ninth plan is appropriate, EPA agrees with ACLPI that implementation of RACM. 60 Fed. Reg. 18013 Circuit’s remedy, addressed in today’s PM10 emissions increased from 1989 to 1994. EPA ** *. The definition of RFP, 42 U.S.C. 7501(1), notice, for deficiencies related to EPA’s does not, however, agree that emissions must does not mandate that EPA require any additional decrease during that period in order for the plan to reductions beyond what RACM itself would approval of the moderate area RFP and meet the section 172(c)(2) RFP requirement. achieve. RACM demonstrations for the annual Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules 54975

PM10 standard, the Court directed EPA remedies in Ober, the Agency does not grounds. Union Electric Co. v. to require the State to address the believe that it would have been in the U.S.E.P.A., 427 U.S. 246, 256–66 (S.Ct. moderate area attainment requirements public interest to do so. Such a review 1976); 42 U.S.C. 7410(a)(2). for the 24-hour standard. See footnote 6. would necessarily have occurred C. Unfunded Mandates By analogy, EPA assumes that the Court without benefit of a thorough briefing expects that the moderate area on the issue and in the absence of an Under section 202 of the Unfunded attainment requirements for the annual administrative record. Thus EPA has Mandates Reform Act of 1995 standard must also be met. chosen to comply with the Court’s (‘‘Unfunded Mandates Act’’), signed When the Court fashioned its remedy remedies regarding the moderate area into law on March 22, 1995, EPA must requiring the State to address the attainment requirements in spite of the prepare a budgetary impact statement to moderate area attainment requirements Agency’s view that the reclassification accompany any proposed or final rule for the 24-hour standard, it did so in the of the PPA based on air quality rendered that includes a federal mandate that context of a pending proposed those requirements legally ineffective.11 may result in estimated costs to state, reclassification of the PPA to serious.10 The Agency does, however, reserve its local, or tribal governments in the However, the Court believed that EPA right to assert its interpretation in any aggregate; or to the private sector, of was proposing the reclassification under challenge to EPA’s implementation of $100 million or more. Under section section 188(b)(1) of the CAA based on the Court’s remedies or in the context of 205, EPA must select the most cost- the State’s impracticability other reclassifications. effective and least burdensome demonstration. 304 F.3d at 309. In fact, III. Administrative Requirements alternative that achieves that objectives EPA had proposed to reclassify the area of the rule and is consistent with either under section 188(b)(1) or, in the A. Executive Order 12866 statutory requirements. Section 203 alternative, under section 188(b)(2) This action has been classified as a requires EPA to establish a plan for (after the attainment deadline based on Table 3 action for signature by the informing and advising any small actual air quality data indicating that Regional Administrator under the governments that may be significantly the area has failed to attain the PM10 procedures published in the Federal or uniquely impacted by this rule. NAAQS by the statutory deadline). See Register on January 19, 1989 (54 FR EPA has determined that the approval 60 FR 30046 (June 7, 1995). The area’s 2214–2225), as revised by a July 10, action proposed does not include a final reclassification was based on a 1995 memorandum from Mary Nichols, federal mandate that may result in finding under section 188(b)(2) that the Assistant Administrator for Air and estimate costs of $100 million or more area had failed to attain the PM10 Radiation. The Office of Management to either state, local, or tribal NAAQS because of violations of both and Budget (OMB) has exempted this governments in the aggregate, or to the the annual and 24-hour standards. See regulatory action from E.O. 12866 private sector. This Federal action 61 FR 21372. review. approves pre-existing requirements Therefore, EPA believes that, to the under state or local law, imposes no extent the Court concluded in B. Regulatory Flexibility Act new federal requirements. Accordingly, fashioning its remedy that an area must Under the Regulatory Flexibility Act, no additional costs to State, local or continue to meet the moderate area 5 U.S.C. 600 et seq., EPA must prepare tribal governments, or to the private attainment requirements after it has a regulatory flexibility analysis sector, results from this action. been reclassified to serious, the Court assessing the impact of any proposed or could not have made this judgment final rule on small entities. 5 U.S.C. 603 List of Subjects in 40 CFR Part 52 based on a consideration of the legal and 604. Alternatively, EPA may certify Environmental protection, Air effect of a final reclassification under that the rule will not have a significant pollution control, Particulate matter, section 188(b)(2) on the area’s pre- impact on a substantial number of small Intergovernmental relations. existing moderate area attainment entities. Small entities include small Authority: 42 U.S.C. 7401–7671q. requirements. Consequently, EPA business, small not-for-profit enterprises Dated: September 26, 1996. believes that it is not precluded by the and government entities with Court’s decision from concluding that, jurisdiction over populations of less Felicia Marcus, under these circumstances, the than 50,000. Regional Administrator. moderate area attainment requirements SIP approvals under subchapter I, part [FR Doc. 96–26574 Filed 10–22–96; 8:45 am] for both the annual and 24 hour NAAQS D of the Clean Air Act, do not create any BILLING CODE 6560±50±P have been legally superseded by the new requirements, but simply approve serious area attainment requirements requirements that a state is already and therefore are now moot and need imposing. Therefore, because the federal 40 CFR Part 52 not be addressed after the area’s SIP approval does not impose any new [CA 083±0015b; FRL±5633±9] reclassification. requirements, the Administrator While EPA could have sought certifies that it does not have a Approval and Promulgation of State clarification from the Ninth Circuit in significant impact on any small entities Implementation Plans; California State order to apply this conclusion in the affected. Moreover, due to the nature of Implementation Plan Revision, Ventura context of compliance with the Court’s the Federal-State relationship under the County Air Pollution Control District CAA, preparation of a flexibility and South Coast Air Quality 10 While neither the reclassification nor its effect on moderate area planning requirements was before analysis would constitute federal Management District the Ober Court, the Court was aware of the inquiry into the economic AGENCY: proposed reclassification when the case was briefed reasonableness of state action. The Environmental Protection and argued. And it is clear from the opinion that Clean Air Act forbids EPA to base its Agency (EPA). the Court believed EPA was required to promulgate ACTION: Proposed rule. a final reclassification. 304 F.3d at 309–311. EPA actions concerning SIPs on such published its final reclassification of the PPA to a SUMMARY: serious nonattainment area on May 10, 1996, four 11 Because EPA is not applying this interpretation EPA is proposing to approve days before the Ninth Circuit issued its Ober in today’s rulemaking, it does not constitute final revisions to the California State opinion. 61 FR 21372. agency action. Implementation Plan (SIP) which 54976 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules concern the control of volatile organic County Air Pollution Control District DATES: Comments on this proposed compound (VOC) emissions from the Rule 70, Storage and Transfer of action must be received in writing by storage and transfer of gasoline and Gasoline, submitted to EPA on May 24, November 22, 1996. organic liquid storage. 1994 and August 10, 1995, respectively, ADDRESSES: Written comments should The intended effect of proposing by the California Air Resources Board. be addressed to Vicki Stamper, 8P2–A, approval of these rules is to regulate For further information, please see the at the EPA Regional Office listed below. emissions of VOCs in accordance with information provided in the Direct Final Copies of the documents relevant to this the requirements of the Clean Air Act, action which is located in the Rules proposed rule are available for public as amended in 1990 (CAA or the Act). section of this Federal Register. inspection during normal business In the Final Rules Section of this Authority: 42 U.S.C. 7401–7671q. hours at the following locations: Air Federal Register, the EPA is approving Program, Environmental Protection the state’s SIP revision as a direct final Dated: September 30, 1996. Felicia Marcus, Agency, Region VIII, 999 18th Street, rule without prior proposal because the Suite 500, Denver, Colorado 80202– Regional Administrator. Agency views this as a noncontroversial 2466; and Montana Department of revision amendment and anticipates no [FR Doc. 96–26572 Filed 10–22–96; 8:45 am] Environmental Quality, 1520 East 6th adverse comments. A detailed rationale BILLING CODE 6560±50±P Avenue, P.O. Box 200901, Helena, for this approval is set forth in the direct Montana 59620. final rule. If no adverse comments are 40 CFR Part 52 FOR FURTHER INFORMATION CONTACT: received in response to this proposed Vicki Stamper at (303) 312–6445. rule, no further activity is contemplated SUPPLEMENTARY INFORMATION: See the in relation to this rule. If EPA receives [MT001±0001b; FRL±5635±7] information provided in the Direct Final adverse comments, the direct final rule rule of the same title which is located will be withdrawn and all public Clean Air Act Approval and in the Rules Section of this Federal comments received will be addressed in Promulgation of State Implementation Register. a subsequent final rule based on this Plan for Montana; Revisions to the proposed rule. The EPA will not Montana Air Pollution Control Program Dated: September 26, 1996. institute a second comment period on Patricia D. Hull, AGENCY: Environmental Protection this document. Any parties interested in Agency (EPA). Acting Regional Administrator. commenting on this action should do so [FR Doc. 96–27007 Filed 10–22–96; 8:45 am] ACTION: Notice of proposed rulemaking. at this time. BILLING CODE 6560±50±P DATES: Comments on this proposed rule SUMMARY: In this document, the EPA is must be received in writing by proposing approval of revisions to the November 22, 1996. State Implementation Plan (SIP) 40 CFR Part 52 ADDRESSES: Written comments on this submitted by the Governor of Montana [Region 2 Docket No. NJ12±3±157b, VI2± action should be addressed to: Daniel A. on May 22, 1995. The revisions 3±158b; FRL±5637±9] Meer, Rulemaking Section (A–5–3), Air included; changes to the State’s open and Toxics Division, U.S. burning rules which, among other Clean Air Act Approval and Environmental Protection Agency, things, address deficiencies and add Promulgation of Title V, Section 507, Region 9, 75 Hawthorne Street, San new rules for the open burning of Small Business Stationary Source Francisco, CA 94105–3901. Christmas tree waste and open burning Technical and Environmental Copies of the rule revisions and EPA’s for commercial film or video Compliance Assistance Program; New evaluation report of each rule are productions; and changes to numerous Jersey and the U.S. Virgin Islands available for public inspection at EPA’s State regulations to make minor AGENCY: Environmental Protection Region 9 office during normal business administrative amendments and to Agency (EPA). hours. Copies of the submitted rule update incorporation by reference ACTION: Proposed rule. revisions are also available for citations. inspection at the following locations: In the final rules section of this SUMMARY: The EPA is fully approving California Air Resources Board, Federal Register, the EPA is acting on the State Implementation Plan (SIP) Stationary Source Division, Rule the State’s SIP submittals in a direct revisions submitted by the States of Evaluation Section, 2020 ‘‘L’’ Street, final rule without prior proposal New Jersey and the U.S. Virgin Islands Sacramento, CA 95812. because the Agency views these for the establishment of Compliance South Coast Air Quality Management submittals as noncontroversial and Advisory Panels under their Small District, 21865 E. Copley Drive, anticipates no adverse comments. A Business Stationary Source Technical Diamond Bar, CA 91765–4182. detailed rationale for the approval is set and Environmental Compliance Ventura County Air Pollution Control forth in the direct final rule. If no Assistance Programs. The SIP revisions District, 669 County Square Drive, adverse comments are received in were submitted by New Jersey and the Second Floor, Ventura, CA 93003. response to this proposed rule, no Virgin Islands to satisfy the Federal FOR FURTHER INFORMATION CONTACT: further activity is contemplated in mandate, found in the Clean Air Act Christine Vineyard, Rulemaking Section relation to this rule. If the EPA receives (CAA), that states create a Compliance (A–5–3), Air and Toxics Division, U.S. adverse comments, then the direct final Advisory Panel which is authorized to Environmental Protection Agency, rule will be withdrawn and all public determine the state’s effectiveness in Region 9, 75 Hawthorne Street, San comments received will be addressed in ensuring that small businesses have Francisco, CA 94105–3901, Telephone: a subsequent final rule based on this access to the technical assistance and (415) 744–1197). proposed rule. The EPA will not regulatory information necessary to SUPPLEMENTARY INFORMATION: This institute a second comment period on comply with the CAA. In the final rules document concerns South Coast Air this document. Any parties interested in section of this Federal Register, the EPA Quality Management District Rule 463, commenting on this document should is approving the States’ SIP revisions as Organic Liquid Storage, and Ventura do so at this time. a direct final rule without prior proposal Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules 54977 because the Agency views these as DEPARTMENT OF THE INTERIOR I. Public Comment Procedures noncontroversial revision amendments Written Comments and anticipates no adverse comments. A Bureau of Land Management detailed rationale for the approval is set Written comments on the proposed 43 CFR Part 2360 forth in the direct final rule. If no rule should be specific, should be adverse comments are received in [WO±350±1430±00 24 1A] confined to issues pertinent to the rule, and should explain the reason for any response to that direct final rule no RIN 1004±AC79 recommended change. Where possible, further activity is contemplated in comments should reference the specific National Petroleum Reserve, Alaska relation to this proposed rule. If EPA section or paragraph of the proposal receives adverse comments, the direct AGENCY: Bureau of Land Management, which the comment addresses. BLM final rule will be withdrawn and all Interior. will not necessarily consider or include public comments received will be ACTION: Proposed rule. in the Administrative Record for the addressed in a subsequent final rule rule comments which BLM receives that based on this proposed rule. The EPA SUMMARY: The Bureau of Land are hand-delivered, postmarked or sent will not institute a second comment Management (BLM) proposes to remove via the Internet after the close of the period on this notice. Any parties 43 CFR part 2360 with the exception of comment period (see DATES) or interested in commenting on this notice provisions for use authorizations, which comments delivered to an address other should do so at this time. will be condensed and rewritten. This than those listed above (see ADDRESSES). action is undertaken because it is not DATES: Comments must be received on necessary for the provisions proposed II. Background and Discussion of or before November 22, 1996. for removal to be published in the Code Proposed Rule ADDRESSES: Written comments on this of Federal Regulations. This part The management of the National action should be addressed to Ronald J. consists almost entirely of either Petroleum Reserve-Alaska is primarily Borsellino, Chief, Air Programs Branch, provisions found elsewhere in the law under the Naval Petroleum Reserves Production Act, 42 U.S.C. 6501 et seq., at the EPA Regional Office listed below. or guidance better suited for publication in the BLM manual. In addition, various and the Federal Land Policy and Copies of the documents relevant to this changes in the law over the last 20 years Management Act of 1976 (FLPMA), 43 proposed rule are available for public have made the existing regulations U.S.C. 1701 et seq. These statutes inspection during normal business obsolete. authorize BLM to promulgate hours at the EPA Region 2 Office, 290 DATES: Submit comments to BLM at the appropriate and necessary regulations Broadway, 25th Floor, New York, New address below on or before November for the management of the reserves. In York 10007–1866. In addition, copies of 22, 1996. Comments received which are light of the regulatory reform initiative the New Jersey submittal can be found hand-delivered, postmarked or sent via currently underway throughout the at the New Jersey Department of the Internet after the above date will not administration, BLM has determined Environmental Protection, Office of necessarily be considered in the that the existing regulations at 43 CFR Permit Information and Assistance, 401 decisionmaking process on the final part 2360 are unnecessary, except for East State Street, Trenton, NJ 08625, rule. portions pertaining to use attention: Chuck McCarty. Copies of the ADDRESSES: If you wish to comment, authorizations. Much of part 2360 Virgin Islands’ submittal can be found at you may hand-deliver comments to the contains language intended to guide the Virgin Islands Department of Bureau of Land Management, BLM officers in the exercise of their Planning and Natural Resources, Administrative Record, Room 401, 1620 discretion. The relocation of this Division of Environmental Protection, L Street, NW, Washington, DC; or mail language to the BLM manual would Wheatley Shopping Center #2, St. comments to the Bureau of Land provide BLM more flexibility and Thomas, VI 00802, attention: Marilyn Management, Administrative Record, adequate guidance. The remainder of Stapleton. Room 401LS, 1849 C Street, NW, this part rephrases statutory provisions. Washington, DC 20240. You also may The regulatory reform initiative calls for FOR FURTHER INFORMATION CONTACT: transmit comments electronically via agencies to streamline their regulations Christine Fazio, Permitting Section, Air the Internet to to remove unnecessary material, and Programs Branch, at the above EPA [email protected]. reorganize remaining provisions in a address or at telephone number (212) Please include ‘‘Attn: AC79’’, in your way that will make them more 637–4015. name and address in your message. If accessible and efficient, without weakening their effectiveness. BLM SUPPLEMENTARY INFORMATION: you do not receive a confirmation from See the believes that the removal of part 2360, information provided in the direct final the system that we have received your Internet message, contact us directly at except for use authorizations, satisfies action of the same title which is located these goals without any material impact in the final rules section of this Federal (202) 452–5030. Comments will be available for public review at the L on the public at large. Register. Furthermore, numerous changes in Street address during regular business the law have occurred which affect the Dated: September 30, 1996. hours 7:45 a.m. to 4:15 p.m., Monday management of the National Petroleum William J. Muszynski, through Friday, except holidays. Reserve in Alaska, rendering the current Acting Regional Administrator. FOR FURTHER INFORMATION CONTACT: Jeff regulations out-of-date. For example, in [FR Doc. 96–27129 Filed 10–22–96; 8:45 am] Holdren, Realty Use Group, (202) 452– 1980 the Reserve was opened to gas BILLING CODE 6560±50±P 7779. leasing and Indian allotments, and the role of the U.S. Geological Survey SUPPLEMENTARY INFORMATION: I. Public Comment Procedures (USGS) was reduced to activities in the II. Background and Discussion of Proposed Barrow gas fields. In 1983, USGS Rule transferred its Barrow gas fields to the III. Procedural Matters North Slope Borough. As a result, USGS 54978 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules no longer has any role in the National flexibility analysis if a rule would have Bureau of Land Management, 1849 C Petroleum Reserve management a significant economic impact, either Street, NW., Washington, DC 20240; program, and references to USGS at detrimental or beneficial, on a Telephone (202) 452–7779. section 2361.1 of this part are outdated substantial number of small entities. and unnecessary. This is typical of the The BLM has determined under the List of Subjects for 43 CFR Part 2360 changes that have taken place in the RFA that this proposed rule would not Alaska; Environmental protection; Reserve, and BLM intends to review the have a significant economic impact on Land Management Bureau; Natural program to assess what regulations are a substantial number of small entities. resources; Oil and gas reserves; Public necessary to enhance our future role. At present, however, the existing Executive Order 12866 lands-withdrawal. regulations do not reflect these changes According to the criteria listed in For the reasons stated in the in the law, and should be removed in section 3(f) of Executive Order 12866, preamble, and under the authority of 43 order to eliminate further confusion. BLM has determined that the proposed U.S.C. 1740, part 2360, Group 2300, Although the use authorization rule is not a significant regulatory Subchapter B, Chapter II of Title 43 of provisions of 43 CFR section 2361.2 are action. As such, the rule is not subject the Code of Federal Regulations is substantially covered by various to Office of Management and Budget proposed to be amended as set forth sections of the Code of Federal review under section 6(a)(3) of the below: Regulations, we will retain portions of order. section 2361.2 and 2361.3 in condensed 1. Part 2360 is revised to read as form in part 2360. The new part 2360 Unfunded Mandates Reform Act follows: will eliminate provisions already The proposed rule does not include a covered in the Naval Petroleum Federal mandate that will result in the PART 2360ÐNATIONAL PETROLEUM Reserves Act, limiting the text to only expenditure by state, local or tribal RESERVE IN ALASKA those portions of the existing governments in the aggregate, or by the Sec. regulations that are still necessary and private sector, of $100,000,000 or more 2360.1 Use authorizations. useful to the public at large. in any one year. Authority: 30 U.S.C. 181 et seq., 43 U.S.C. III. Procedural Matters Executive Order 12612 1740.

National Environmental Policy Act The proposed rule would not have 2360.1 Use authorizations. The BLM has prepared an sufficient federalism implications to (a) Except for petroleum exploration environmental assessment (EA), and has warrant BLM’s preparation of a authorized by law, anyone wishing to found that the proposed rule would not Federalism Assessment (FA). use National Petroleum Reserve land constitute a major federal action Executive Order 12630 significantly affecting the quality of the must first obtain a use authorization human environment under section The proposed rule does not represent from BLM. BLM will issue an 102(2)(C) of the National Environmental a government action capable of authorization only for those uses Policy Act of 1969 (NEPA), 42 U.S.C. interfering with constitutionally consistent with the purposes and 4332(2)(C). The BLM has placed the EA protected property rights. Section 2(a)(1) objectives of the Naval Petroleum and the Finding of No Significant of Executive Order 12630 specifically Reserves Production Act, 42 U.S.C. 6501 Impact (FONSI) on file in the BLM excludes actions abolishing regulations et seq., and subject to any terms and Administrative Record at the address or modifying regulations in a way that conditions that BLM determines are specified previously. The BLM invites lessens interference with private necessary to protect the Reserve’s the public to review these documents by property use from the definition of environmental, fish and wildlife, and contacting us at the addresses listed ‘‘policies that have takings cultural, historical or scenic values. above (see ADDRESSES), and suggests implications’’ Since the primary Contact BLM for an application. that anyone wishing to submit function of the proposed rule is to However, unless BLM has otherwise comments in response to the EA and abolish unnecessary regulations, there limited or restricted use, you will not FONSI do so in accordance with the will be no private property rights need use authorizations for (1) Public Comment Procedure section impaired as a result. Therefore, BLM has subsistence uses (e.g., hunting, fishing, above, or contact us directly. determined that the rule would not and berry picking), and (2) recreational cause a taking of private property, or Paperwork Reduction Act uses (e.g. hunting, fishing, backpacking, require further discussion of takings and wildlife observation). Contact BLM The rule does not contain information implications under this Executive for an application. collection requirements which the Order. Office of Management and Budget must (b) Any person who violates or fails Executive Order 12988 approve under the Paperwork Reduction to comply with regulations of this part Act, 44 U.S.C. 3501 et seq. The Department of the Interior has is subject to prosecution, including determined that this rule meets the trespass and liability for damages, Regulatory Flexibility Act applicable standards provided in pursuant to applicable law. Congress enacted the Regulatory sections 3(a) and 3(b)(2) of Executive Dated: October 15, 1996. Flexibility Act of 1980 (RFA), 5 U.S.C. Order 12988. Sylvia V. Baca, 601 et seq., to ensure that government regulations do not unnecessarily or Author Deputy Assistant Secretary of the Interior. disproportionately burden small The principal author of this proposed [FR Doc. 96–27179 Filed 10–22–96; 8:45 am] entities. The RFA requires a regulatory rule is Jeff Holdren, Realty Use Group, BILLING CODE 4310±84±P Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules 54979

FEDERAL COMMUNICATIONS Preference for InterLATA 0+ Calls, submitting diskettes should submit COMMISSION Second Further Notice of Proposed them to Adrien Auger, Common Carrier Rulemaking, CC Docket No. 92–77, 11 Bureau, Enforcement Division, 2025 M 47 CFR Part 64 FCC Rcd 7274 (Second Further Notice), Street, N.W., Suite 6008, Washington, [CC Docket No. 92±77; DA 96±1695] 61 FR 30581 (June 17, 1996). In the D.C. 20554. Such a submission should Second Further Notice, the Commission be on a 3.5 inch diskette in an IBM Charges for Interstate Operator sought comment on, among other compatible format using WordPerfect Services Calls From Payphones, Other things, a proposed requirement that all 5.1 for Windows software in a ‘‘read Away-from-home Aggregator providers of operator services at only’’ mode. The diskette should be Locations, and Collect Calls From payphone and other aggregator locations clearly labelled with the party’s name, Prison Inmates (OSPs), before connecting any interstate proceeding, and date of submission. The 0+ call, orally disclose to the party to be diskette should be accompanied by a AGENCY: Federal Communications billed for such a call the specific rate, cover letter. Commission. as well as applicable aggregator Federal Communications Commission. ACTION: Proposed rule; further comment surcharges or premises-imposed-fees sought. (PIFs), if any, allowed by the OSP’s William F. Caton, contract with the aggregator at the Acting Secretary. SUMMARY: On June 4, 1996 the particular location, that the billed party Commission sought comment on Attachment will be charged for the call. The proposals with regard to high charges Commission also sought comment on 1. Are there any industries in which paid by consumers for interstate what alternatives to a billed party price disclosure to consumers at the operator services from payphones and preference (BPP) system would serve point of purchase is not the normal other aggregator locations and by the public interest with respect to practice? If so, what are those industries persons billed for interstate collect calls charges for interstate 0+ calls from and what are the particular initiated by inmates of prisons and other prison inmates. Comments and Reply circumstances surrounding the correctional institutions. In the Matter Comments in response to the Second developments of those industries? of Billed Party Preference for InterLATA Further Notice were received on July 17, 2. What kinds of technologies 0+ Calls, Second Further Notice of 1996 and August 16, 1996, respectively. (including payphone equipment and Proposed Rulemaking, CC Docket No. Having reviewed the submissions, the associated software) are currently 92–77, 11 FCC Rcd 7274 (Second Common Carrier Bureau seeks further available to provide on-demand call Further Notice). The Commission comment on specific issues relating to rating information for calls from therein authorized its Common Carrier the subjects previously noticed in this payphones, other aggregator locations, Bureau to obtain additional information proceeding. Specifically, interested and phones in correctional institutions if necessary for a more complete record. parties are invited to file comments in that are provided for use by inmates? Comments and reply comments in response to the attached list of Commenters should discuss the response to the Second Further Notice questions. Commenters should restate anticipated declining cost of these were received on July 17, 1996 and and underline each question above their technologies, assuming a wide-spread August 16, 1996, respectively. In a responses. Commenters also must demand for these services. Public Notice released on October 10, provide a brief summary of their 3. Are there any telecommunications 1996, the Bureau seeks additional comments, not to exceed three markets outside of the U.S. that already comment on a number of specific sentences per question or three double- make use of price disclosure prior to questions relating to this matter. spaced pages in total, as a preface to call completion, for example, in the Additional comment is sought on their comments. The comments and U.K.? If so, please provide the specific questions in order to comment summary should follow the technological and financial details supplement the record. order of the questions. Comments behind the implementation of these DATES: Comments are due on or before should be filed on or before November services and any indication as to the November 13, 1996. Reply comments 13, 1996 and Reply Comments on or cost and benefits from the perspective of are due on or before December 3, 1996. before December 3, 1996. Interested consumers. ADDRESSES: Office of the Secretary, parties must file an original and four 4. Some commenters have claimed Federal Communications Commission, copies of their comments with the that price disclosure prior to call Room 222, 1919 M Street, N.W., Office of the Secretary, Federal completion would create an Washington, DC 20554. Communications Commission, Room unacceptable delay to consumers. Are 222, 1919 M Street, N.W., Washington, FOR FURTHER INFORMATION CONTACT: there any studies that substantiate or D.C. 20554. Comments should reference Adrien Auger, Enforcement Division, dispute this contention and are those CC Docket No. 92–77. Common Carrier Bureau, (202) 418– studies available? Are there any studies 0960. Parties should send one copy of their comments to the Commission’s copy available that provide indications of SUPPLEMENTARY INFORMATION: contractor, International Transcription consumer satisfaction or dissatisfaction Released: October 10, 1996. Service, Room 140, 2100 M Street, N.W., with 0+ services provided in this fashion? Common Carrier Bureau Seeks Further Washington, D.C. 20037. Comments will 5. If some or all of embedded base Comment on Specific Questions in OSP be available for public inspection during equipment and software are incapable of Reform Rulemaking Proceeding regular business hours in the FCC Reference Center, Room 239, 1919 M providing audible notice to consumers In the Matter of Billed Party Preference for Street, N.W., Washington, D.C. 20554. for on-demand call rating, what time InterLATA 0+ Calls, CC Docket 92–77. Parties are also asked to submit period would be reasonable for Comment Date: November 13, 1996; comments on diskette. Such diskette substituting equipment and software Reply Comment Date: December 3, submissions would be in addition to, that is capable of doing so? 1996. On June 4, 1996, the Commission and not a substitute for, the formal filing 6. What percentage of interstate 0+ adopted In the Matter of Billed Party requirements addressed above. Parties calls do calls from correctional 54980 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules institutions constitute, both in quantity copying during normal business hours not further specified. The Advisory and dollar volume, over the last 5 years? in the FCC Reference Center (Room Committee subsequently recommended 7. What effects, if any, will the recent 239), 1919 M Street, N.W., Washington, that follow-up efforts be continued to Report and Order in In the Matter of Pay D.C., 20554. The complete text of this advise the Commission and NTIA on Telephone Reclassification and Public Notice is available and may be public safety wireless communications Compensation Provisions of the purchased from the Commission’s copy and adopted the Subcommittee’s Telecommunications Act of 1996, contractor, International Transcription recommendation that future standards Policies and Rules Concerning Operator Services, Inc. (ITS, Inc.), 2100 M Street, be developed in a fair and open process. Service Access and Pay Telephone N.W., Suite 140, Washington, D.C. 3. Section 273(d)(4) of the Compensation, CC Docket Nos. 96–128, 20037, Telephone number (202) 857– Communications Act of 1934, as 91–35, FCC 96–388 (released September 3800. amended (the Act) establishes 20, 1996), 61 FR 52307 (October 7, 1996) procedural and other requirements that Summary of Public Notice have on this proceeding? certain non-accredited entities must 1. On April 5, 1996, the Commission follow if they develop industry-wide [FR Doc. 96–27072 Filed 10–22–96; 8:45 am] adopted a Notice of Proposed telecommunications standards or BILLING CODE 6712±01±P Rulemaking (NPRM) in WT Docket No. generic network equipment 96–86, 61 F.R. 25185 (May 20, 1996) requirements. We believe that the that seeks comment on the development requirements of Section 273(d)(4) of the 47 CFR Part 90 of operational, technical, and spectrum Act apply specifically to the [WT Docket No. 96±86; FCC 96±403] requirements for meeting Federal, state, development of standards for and local public safety agency telecommunications equipment, Non-Accredited Standard-Setting communication requirements through customer premises equipment and Organizations That Develop Standards the year 2010. Specifically, the Notice software used in the provision of For Public Safety Wireless asks for comment on: (1) Methods to wireline telephone exchange service, Communications Equipment facilitate the development of and are not applicable to non-accredited interoperable equipment and AGENCY: Federal Communications standards-setting organizations that technologies, including the Commission. develop standards for public safety development of standards to foster wireless communications equipment. ACTION: Request for Comments. interoperability; (2) the service features We seek comment, however, on whether SUMMARY: This action seeks additional and system requirements essential to the the general principles articulated in comment on non-accredited standard effective performance of public safety Section 273(d)(4) nonetheless may be setting organizations that develop functions; (3) technological issues useful in the development of standards standards for public safety wireless regarding the enhancement and initiated in the future for public safety communications equipment. It is improvement of public safety wireless equipment. Accordingly, we seek necessary for the Commission to receive communications; (4) regulatory comment on whether the Act generally comment on whether the approaches that address the problems of provides the Commission with authority Communications Act of 1934 generally congested spectrum and fragmented to impose requirements similar to those provides the Commission with authority public safety allocations; (5) measures identified in Section 273(d)(4), and, if to impose requirements similar to those that would foster the development of so, whether the Commission should identified in Section 273(d)(4) of the public safety wireless communications exercise this authority. Specifically, we Act, and, if so, whether the Commission that are spectrally-efficient, of high seek additional comment on whether to should exercise this authority. The quality, and effective; and (6) the means require open and fair processes, similar effect of the action will be to seek to promote competition in the supply of to those described in the Act, in the additional comment on whether to goods and services used by public safety development and adoption of future require open and fair processes, similar agencies. standards for public safety wireless 2. Prior to the adoption of this NPRM, to those described in the Act, in the communications equipment and the Commission and the National development and adoption of future systems. Telecommunications and Information standards for public safety wireless 4. Comments and replies should be Administration (NTIA) established the communications equipment and filed in accordance with the procedures Public Safety Wireless Advisory systems. established in WT Docket No. 96–86. Committee (Advisory Committee) to Interested parties must file an original DATES: Comments are to be filed on or address many of these same issues. In and four copies of their comments with before October 21, 1996; reply the discussions of the Advisory the Office of the Secretary, Federal comments are to be filed on or before Committee’s Interoperability Communications Commission, Room December 3, 1996. Subcommittee, a need was identified to 222, 1919 M Street, N.W., Washington, FOR FURTHER INFORMATION CONTACT: Bob develop a baseline technology to D.C. 20554. Comments should reference McNamara or John Borkowski, Federal promote interoperability between and WT Docket No. 96–86. Parties should Communications Commission, Wireless among public safety entities. The send one copy of their comments to the Telecommunications Bureau, Subcommittee subsequently Commission’s copy contractor, Washington, D.C. 20554, (202) 418– recommended a baseline technology for International Transcription Service, 0680. analog applications. It further Room 140, 2100 M Street, N.W., SUPPLEMENTARY INFORMATION: This is a recommended that a group comprised of Washington, D.C. 20037. Comments will summary of the Commission’s Public experts from government, industry, and be available for public inspection during Notice, released October 9, 1996. The users be organized, following the regular business hours in the FCC complete (but unofficial) text of this termination of the Committee’s work, to Reference Center, Room 239, 1919 M Commission Public Notice is available examine a baseline interoperability Street, N.W., Washington, D.C. 20554. on the Internet at: http://www.fcc.gov/ technology that could be used in digital Bureaus/Wireless/PubliclNotices/ systems. The organization, membership, List of Subjects in 47 CFR Part 90 fcc96403.txt and for inspection and and charter of the proposed group were Public safety, Radio. Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules 54981

Federal Communications Commission. or the need for two different headlamp reverse its previous decisions about the William F. Caton, assemblies. agency’s upper beam intensity research. Bosch claims that full harmonization Acting Secretary. Other Factors [FR Doc. 96–27073 Filed 10–22–96; 8:45 am] between U. S. and European-type headlamps will be possible, with In addition, other factors are present BILLING CODE 6712±01±P implementation of its petition and the in the 18 years that have passed since results of the visual aim rulemaking, NHTSA’s statements on increased and thus car manufacturers will be able intensity upper beam headlamps. These DEPARTMENT OF TRANSPORTATION to install the same type of headlamp on factors influencing our decision for vehicles for both markets. Reduced tool denial are: National Highway Traffic Safety and parts costs will be the result. 1. State laws specify the distances Administration The agency has reviewed the claims from other vehicles when upper beam associated with the petitioner’s desired headlamps must be dimmed. These 49 CFR Part 571 solution. It has found that full were set at a time when upper beam photometric harmonization of upper headlamps had 37,500 cd. maximums. Denial of Petition for Rulemaking; beam headlamp requirements already is With the doubling in 1978 of upper Federal Motor Vehicle Safety possible without this requested action beam intensity and a redoubling that Standards because headlamps designed above would result from this petition, the AGENCY: National Highway Traffic European minimum levels and below dimming distances to prevent blinding Safety Administration (NHTSA), U.S. maximums are achievable. FMVSS oncoming motorists may have to Department of Transportation. No. 108 requires that upper beam increase dramatically. Most states have headlamps have a minimum H–V axis 500 foot approaching, 200 foot following ACTION: Denial of a petition for dimming distances. Because the rulemaking. intensity of 25,000 cd. to a maximum of 75,000 cd. for some lamps and 40,000 illumination at the eye is proportional SUMMARY: This document denies a cd. to 75,000 cd. for others when to the lamp’s intensity and inversely petition from Robert Bosch GMBH measured at a test voltage of 12.8 Volts. proportional to the square of the (Bosch) to amend Federal Motor Vehicle The standard was last amended in 1978 distance, an estimate can be made for Safety Standard (FMVSS) No. 108; when NHTSA increased the upper beam how dimming laws should be changed. Lamps, Reflective devices, and headlamp maximum allowed intensity If 500/200 feet were deemed to be associated equipment to allow the from 37,500 cd. to 75,000 cd. NHTSA acceptable for 37,500 cd. headlamps, intensity of upper beam headlamps to stated in that rulemaking action that its then for the 75,000 cd. headlamps, the increase from 75,000 to 140,000 cd. research has demonstrated that an dimming distance should have been increase in upper beam intensity to a changed to 700/280 feet and for 140,000 FOR FURTHER INFORMATION CONTACT: Mr. maximum value of 75,000 cd. (150,000 cd. lamps the dimming distance should Jere Medlin, Office of Crash Avoidance cd. per vehicle) will enhance seeing be changed to be 970/390 feet. Drivers Standards, NHTSA, 400 Seventh Street, ability without any significant increase of the new cars with such headlamps SW, Washington, D.C. 20590. Mr. in glare, but that photometric output would have to be reeducated on this or Medlin’s telephone number is: (202) exceeding 150,000 cd. results in only a states would have to change their laws. 366–5276. His facsimile number is (202) marginal increase in visibility with an Either is problematic for NHTSA 366–4329. increase in glare. The agency has done because we cannot compel states to SUPPLEMENTARY INFORMATION: By letter no similar research work on upper beam change their laws. dated June 21, 1996, Bosch petitioned headlamps since then nor is it aware of 2. The number of aging, glare the agency to amend FMVSS No. 108 to other safety research in this area. Bosch sensitive U.S. drivers is at an all time allow upper beam headlamps with a provided no such safety research data. high and increasing. This population maximum intensity at point H–V of The agency did inquire as to how the complains that glare from existing 140,000 cd. or alternatively, the upper Society of Automotive Engineers (SAE) headlamps and auxiliary lamps already beam requirements in SAE J1735 JAN95 justified the value it used in SAE J1735 is too high. This population is the most in place of the current Fig. 15 and Fig. JAN95 for maximum upper beam sensitive to glare and roadway 17 upper beam requirements. Bosch intensity. An obstacle detection illumination effects. Glare resistance stated that present U. S. photometric rationale was used. The upper beam reduces markedly as drivers age. requirements for upper beam headlamps intensities which would be required to According to research, the glare allow a maximum candlepower of detect low (7%) luminance (reflectance) resistance of the human eye at age 72 is 60,000 and 75,000 cd. at 12.8 Volts. obstacles were defined by parametric half as good as it is for age 20. Contrast Bosch states that in Europe the extrapolations of data from different sensitivity, an important factor in night maximum candlepower is limited to illumination studies. The light vision, decreases markedly with age 112,500 cd. at approximately 12 Volts intensities calculated for alerting drivers making targets more difficult to (which it claims is approximately to detect an obstacle within the perceive. While having more intense 140,000 cd. at 12.8 Volts). Bosch claims potential stopping distance of their upper beams may help older drivers see that with today’s technology and vehicle were found to be 243,000 to better, they will be blinded more often particularly in the future with the 284,000 cd. at 65 mph. by other drivers who choose to use results of the Advisory Committee on NHTSA observes, however, that there upper beams and do not dim them at Visual Aim, (a proposal to permit visual may be other criteria beside the ability greater distances. headlamp aim is pending) it will be to stop, for establishing requisite seeing 3. The window of harmonization for possible to build a headlamp with the distances, such as the ability to upper beam headlamp intensity appears same lower beam pattern for the U. S. maneuver. The scope of the SAE to be adequate. The European and Europe markets. Bosch claims that investigation was limited only to specification for upper beam intensity at the different requirements for the upper stopping distance and glare was not the H–V point is 30,000 cd. minimum beam in the U.S. and Europe ask either studied. This justification is not to 150,000 cd. maximum at 12.0 volts. for a ‘‘bad’’ compromise in a headlamp, comprehensive enough for NHTSA to When converted to testing at 12.8 volts 54982 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Proposed Rules this is a range from 37,800 to 189,000 agency is not aware of any quantitative increase the intensity and why today it cd. Compared to the specification that information on the upper beams that would be acceptable. We are aware of has been proposed to be changed contributed to prevention or causation no new data, only modeling and (40,000 to 75,000), the European of crashes, one can imagine that in the calculations that say that intensity specification has a much wider less populated areas of the United States increases could offer seeing distance allowable range, yet is harmonious with where lower density traffic often exists improvements. the current U.S. specification. That is, a (with limited opposing traffic-and hence Since there is no new safety research headlamp that complies with the 40K to no glare problems) and higher nighttime that is more compelling than the 75K cd. U.S. performance is completely speeds are likely because of the greater research considered in establishing the acceptable for European regulations distances necessary for travel, upper present limits, for the maximum having a range of 37.8K to 189K cd. The beam headlamps are likely used for intensity of upper beams, NHTSA is only difference is that it may not be as considerably more miles than on the denying this petition. In accordance intense as some manufacturers might east or west coasts. Thus, there is likely think that their customers might desire. a sizeable population that could benefit with 49 CFR part 552, this completes from better nighttime vision from more the agency’s review of the petition. The What Advantages Are There From intense upper beams. agency has concluded that there is no Adopting the Higher Intensity? reasonable possibility that the specific 1. The claimed advantage is the What Disadvantages Are There From requirement requested by the petitioner achievement of harmonization. As Adopting the Higher Intensity? would be issued at the conclusion of a explained above, there is already 1. As stated above, the changes that rulemaking proceeding. substantial harmonization between the have occurred in upper beam Authority: 49 U.S.C. 30103, 30162; U.S. and European standards for upper performance have the effect of delegation of authority at 49 CFR 1.50 and beams. Thus NHTSA does not find the increasing glare when approaching 501.8. claimed harmonization advantage other vehicles; this change would make Issued on: October 17, 1996. persuasive. this situation worse unless dimming 2. The higher output would offer a distances could be increased. L. Robert Shelton, seeing advantage to those drivers that 2. While not an actual disadvantage of Associate Administrator for Safety use upper beam headlamps, particularly increasing the upper beam intensity, Performance Standards. at higher speeds that may be permissible NHTSA itself has no research to explain [FR Doc. 96–27170 Filed 10–22–96; 8:45 am] on autobahns in Europe. While the why it was once unsafe to significantly BILLING CODE 4910±59±P 54983

Notices Federal Register Vol. 61, No. 206

Wednesday, October 23, 1996

This section of the FEDERAL REGISTER The Washington Coastal Zone and Coastal Resource Management, contains documents other than rules or Management Program site visit will be NOS/NOAA, 1305 East-West Highway, proposed rules that are applicable to the from November 18–22, 1996. A public Silver Spring, Maryland, 20910, (301) public. Notices of hearings and investigations, meeting will be held on Thursday, 713–3090, ext. 126. committee meetings, agency decisions and November 21, 1996, at 7:00 P.M., at the rulings, delegations of authority, filing of Federal Domestic Assistance Catalog petitions and applications and agency Department of Ecology, 300 Desmond 11.419 Coastal Zone Management Program statements of organization and functions are Drive, Olympia, WA. Administration. examples of documents appearing in this The Mississippi Coastal Zone Dated: October 16, 1996. section. Management Program site visit will be W. Stanley Wilson, from December 2–6, 1996. A public Assistant Administrator for Ocean Services meeting will be held on Wednesday, and Coastal Zone. DEPARTMENT OF COMMERCE December 4, 1996, at 7:00 P.M., at the [FR Doc. 96–27127 Filed 10–22–96; 8:45 am] Mississippi Department of Marine National Oceanic and Atmospheric Resources, Conference Room, 152 BILLING CODE 3510±08±M Administration Gateway Drive, Biloxi, Mississippi, 39531. [I.D. 101196A] Evaluation of Coastal Zone The Rookery Bay National Estuarine Management Program and National Research Reserve in Florida site visit Incidental Take of Marine Mammals; Estuarine Research Reserves will be from December 9–13, 1996. A Bottlenose Dolphins and Spotted public meeting will be on Wednesday, Dolphins AGENCY: Office of Ocean and Coastal December 11, 1996, at 7:00 P.M., at the Resource Management, National Ocean AGENCY: National Marine Fisheries Rookery Bay Headquarters Building, 300 Service, National Oceanic and Service (NMFS), National Oceanic and Tower Road, Main Meeting Room, Atmospheric Administration (NOAA), Atmospheric Administration (NOAA), Naples, Florida, 33962. DOC. Commerce. The California Coastal Management ACTION: Notice of intent to evaluate. Program site visit will be from ACTION: Notice of issuance of letter of December 2–12, 1996. Public meetings authorization. SUMMARY: The NOAA Office of Ocean will be held on Wednesday, December SUMMARY: and Coastal Resource Management In accordance with the 4, 1996 from 5:00–7:00 p.m. at the Port Marine Mammal Protection Act (OCRM) announces its intent to evaluate Commission Room, Ferry Building, the performance of Washington, (MMPA) as amended, and implementing Suite 3100 at the foot of Market Street regulations, notification is hereby given Mississippi, and California Coastal Zone in San Francisco, California, and on Management Programs and the Rookery that letters of authorization to take Monday, December 9, 1996 from 5:00– bottlenose and spotted dolphins Bay National Estuarine Research 7:00 p.m. at the Ventura City Hall, Reserve in Florida. incidental to oil and gas structure Community Meeting Room, 501 Poli removal activities were issued on this These evaluations will be conducted Street, Ventura, California. date to Unocal Corporation, 4021–4023 pursuant to section 312 of the Coastal The States will issue notice of the Ambassador Caffery Parkway, Lafayette, Zone Management Act of 1972 (CZMA), public meeting(s) in a local Louisiana 70503 and to Burlington as amended. The CZMA requires a newspaper(s) at least 45 days prior to Resources, 400 N. Sam Houston continuing review of the performance of the public meeting(s), and will issue Parkway, Houston, Texas 77060. states with respect to coastal program other timely notices as appropriate. implementation. Evaluation of Coastal Copies of the State’s most recent EFFECTIVE DATE: The letter of Zone Management programs and performance reports, as well as OCRM’s authorization is effective from October National Estuarine Research Reserves notifications and supplemental request 11, 1996, through October 11, 1997. requires findings concerning the extent letters to the States, are available upon ADDRESSES: The application and letter to which a state has met the national request from OCRM. Written comments are available for review in the following objectives, adhered to its coastal from interested parties regarding these offices: Office of Protected Resources, program document or reserve Programs are encouraged and will be NMFS, 1315 East-West Highway, Silver management plan approved by the accepted until 15 days after the public Spring, MD 20910 and the Southeast Secretary of Commerce, and adhered to meeting. Please direct written comments Region, NMFS, 9721 Executive Center the terms of financial assistance awards to Vickie A. Allin, Chief, Policy Drive N, St. Petersburg, FL 33702. funded under the CZMA. The Coordination Division, Office of Ocean FOR FURTHER INFORMATION CONTACT: evaluations will include a site visit, and Coastal Resource Management, Kenneth R. Hollingshead, Office of consideration of public comments, and NOS/NOAA, 1305 East-West Highway, Protected Resources, NMFS, (301) 713– consultations with interested Federal, Silver Spring, Maryland, 20910. When 2055 or Charles Oravetz, Southeast State, and local agencies and members the evaluation is completed, OCRM will Region (813) 570–5312. of the public. Public meetings are held place a notice in the Federal Register SUPPLEMENTARY INFORMATION: Section as part of the site visits. announcing the availability of the Final 101(a)(5)(A) of the MMPA (16 U.S.C. Notice is hereby given of the dates of Evaluation Findings. 1361 et seq.) directs NMFS to allow, on the site visits for the listed evaluations, FOR FURTHER INFORMATION CONTACT: request, the incidental, but not and the dates, local times, and locations Vickie A. Allin, Chief, Policy intentional, taking of small numbers of of public meetings during the site visits. Coordination Division, Office of Ocean marine mammals by U.S. citizens who 54984 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices engage in a specified activity (other than SUMMARY: The Gulf of Mexico Fishery review the recommendations of a commercial fishing) within a specified Management Council will convene scientific stock assessment panel and geographical region, if certain findings public meetings. socioeconomic panel on acceptable are made and regulations are issued. DATES: The meetings will be held on biological catch (ABC) and on TAC for Under the MMPA, the term ‘‘taking’’ November 11–15, 1996. these stocks as well as the means to harass, hunt, capture, or kill or ADDRESSES: These meetings will be held recommendations of the Scientific and to attempt to harass, hunt, capture or at the Marriott’s Grand Hotel, U.S. Statistical Committee (SSC) and Red kill marine mammals. Highway 98, Point Clear, AL; telephone: Snapper Advisory Panel. The committee Permission may be granted for periods (334) 928–9201. will develop its recommendations to the up to 5 years if NMFS finds, after Council address: Gulf of Mexico Council on TAC, bag limits, and notification and opportunity for public Fishery Management Council, 5401 commercial quotas for red snapper and comment, that the taking will have a West Kennedy Boulevard, Suite 331, vermilion snapper, and management negligible impact on the species or Tampa, FL 33609. actions for the other stocks. stock(s) of marine mammals and will November 12 not have an unmitigable adverse impact FOR FURTHER INFORMATION CONTACT: 8:00 a.m. - 9:30 a.m.—Convene the on the availability of the species or Wayne E. Swingle, Executive Director; Habitat Protection Committee. stock(s) for subsistence uses. In telephone: (813) 228–2815. 9:30 a.m. - 12:00 noon and 1:00 p.m. addition, NMFS must prescribe SUPPLEMENTARY INFORMATION: - 5 p.m.—Convene the Shrimp regulations that include permissible Council Management Committee. This methods of taking and other means committee will review summaries of the effecting the least practicable adverse November 13 public comments, obtained from the 14 impact on the species and its habitat, 8:30 a.m.—Convene. public hearings held in October, on the and on the availability of the species for 9:00 a.m. - 5:30 p.m.—Receive public bycatch amendment. It will also review subsistence uses, paying particular testimony on Reef Fish Total Allowable the recommendations of the Shrimp attention to rookeries, mating grounds Catch (TAC) and Draft Shrimp Advisory Panel and the SSC on the and areas of similar significance. The Amendment 9. amendment and will develop its regulations must include requirements November 14 recommendations to the Council on the pertaining to the monitoring and 8:30 a.m. - 12:00 noon—Continue rules that shall be adopted. The reporting of such taking. Regulations receiving public testimony on Draft alternatives for rules are as follows: governing the taking of bottlenose and Shrimp Amendment 9. • Require the installation of a NMFS- spotted dolphins incidental to oil and 1:30 p.m. - 4:30 p.m.—Reconvene to certified Bycatch Reduction Device gas structure removal activities in the receive a report of the Shrimp (BRD) in all nets used aboard vessels Gulf of Mexico were published on Management Committee. trawling for shrimp in the exclusive October 12, 1995 (60 FR 53139) and 4:30 p.m. - 4:45 p.m.—Receive a economic zone (EEZ) of the Gulf of remain in effect until November 13, report of the Budget Committee. Mexico, except for a single test or ‘‘try’’ 2000. 4:45 p.m.- 5:00 p.m.—Receive a report net not exceeding 16 feet in headrope of the Stone Crab Management Summary of Request length. Vessels with trawls for Committee. groundfish or butterfish and those NMFS received requests for letters of November 15 trawling for royal red shrimp beyond authorization on September 30, 1996, 8:30 a.m. - 10:00 a.m.—Receive a the 100–fathom contour depth are from Unocal Corporation and on report of the Reef Fish Management exempted. October 4, 1996, from Burlington Committee. • Require the installation of a NMFS- Resources. These letters requested a take 10:00 a.m. - 10:15 a.m.—Receive a certified BRD in shrimp trawls in the by harassment of a small number of report of the Habitat Protection EEZ of the Gulf of Mexico within the bottlenose and spotted dolphins Committee. 100–fathom contour depth. incidental to the described activity. 10:15 a.m. - 10:30 a.m.—Receive a • Require the installation of a NMFS- Issuance of these letters of authorization report of the International Commission certified BRD in shrimp trawls in the are based on a finding that the total for the Conservation of Atlantic Tunas EEZ of the Gulf of Mexico within the takings will have a negligible impact on Advisory Committee. 100–fathom contour depth west of Cape the bottlenose and spotted dolphin 10:30 a.m. - 11:00 a.m.—Receive a San Blas, FL. stocks of the Gulf of Mexico. report of Magnuson Act Amendments. • Require the installation of a NMFS- Dated: October 16, 1996. 11:00 a.m. - 11:15 a.m. —Receive certified BRD in shrimp trawls in the Patricia Montanio, Enforcement Report. EEZ of the Gulf of Mexico between the 11:15 a.m. - 11:40 a.m.—Receive 10– and 100–fathom contour depth. Acting Director, Office of Protected Resources, • National Marine Fisheries Service. Director’s Reports. Require the installation of a NMFS- [FR Doc. 96–27079 Filed 10–22–96; 8:45 am] 11:40 a.m. - 12:00 noon—Other certified BRD in shrimp trawls in the business to be discussed. EEZ of the Gulf of Mexico between the BILLING CODE 3510±22±F 10– and 100–fathom contour depth and Committees west of Cape San Blas, Fl. [I.D. 101596B] November 11 • Establish the following bycatch 10:30 a.m. - 11:15 a.m.—Convene the reduction criteria for a BRD to be Gulf of Mexico Fishery Management Budget Committee. certified: It must reduce the bycatch of Council; Public Meetings 11:15 a.m. - 12:00 noon—Convene the juvenile red snapper (age 0 and age 1) AGENCY: National Marine Fisheries Stone Crab Management Committee. by 50 percent from the average level of Service (NMFS), National Oceanic and 1:00 p.m. - 5:30 p.m.—Convene the mortality on those age groups during the Reef Fish Management Committee. The years 1984–89. Atmospheric Administration (NOAA), • Commerce. committees will hear stock assessment Establish a framework procedure for reports for red snapper, vermilion modifying the bycatch reduction ACTION: Notice of public meeting. snapper, and amberjack. They will criteria. Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 54985

• Establish a framework procedure for The Council will discuss and may sign language interpretation or other establishing BRD certification and take action on the following agenda auxiliary aids should be directed to decertification criteria and a BRD testing items: Kitty M. Simonds, 808–522–8220 protocol. 1. Reports from the islands; (voice) or 808–522–8226 (fax), at least 5 The Shrimp Committee will also hear 2. Reports from fishery agencies and days prior to meeting date. scientific reports of a statistical review organizations; 3. Ecosystems and Habitat, including: Dated: October 16, 1996. committee and from stock assessment Bruce Morehead, analyses related to the accuracy of Summary of recent issues and Acting Director, Office of Sustainable bycatch estimates of red snapper. activities: coral reef activities, whale sanctuary, Memorandum of Fisheries, National Marine Fisheries Service. Special Accommodations Understanding, Midway public use, etc.; [FR Doc. 96–27078 Filed 10–22–96; 8:45 am] These meetings are physically 4. Pelagic fishery issues, including: BILLING CODE 3510±22±F accessible to people with disabilities. (a) Gear conflict between handliners Requests for sign language and longliners, (b) Status of Pelagic Fisheries interpretation or other auxiliary aids COMMITTEE FOR THE Research Program and other pelagic should be directed to Anne Alford at the IMPLEMENTATION OF TEXTILE research, AGREEMENTS Council (see ADDRESSES) by November (c) Bycatch issues, 4, 1996. (d) Single Council designation Announcement of an Import Restraint Dated: October 16, 1996. response, Limit for Certain Cotton and Man-Made Bruce Morehead, (e) Status of Albatross Workshop, Fiber Textile Products Produced or Acting Director, Office of Sustainable (f) Pelagics data amendment, and Manufactured in Fiji Fisheries, National Marine Fisheries Service. (g) Control date for U.S. pelagic [FR Doc. 96–27077 Filed 10–22–96; 8:45 am] fishermen in the Pacific; 5. Crustaceans October 16, 1996. fishery issues, including: AGENCY: Committee for the BILLING CODE 3510±22±F (a) Report on 1996 Northwestern Implementation of Textile Agreements Hawaiian Islands (NWHI) lobster (CITA). fishery, ACTION: Issuing a directive to the [I.D. 101596D] (b) Report on research cruise and Commissioner of Customs establishing a handling experiment, limit. Western Pacific Fishery Management (c) Lobster trap design study, Council; Public Meetings (d) Preliminary harvest guidelines, EFFECTIVE DATE: January 1, 1997. (e) Mandatory Vessel Monitoring AGENCY: FOR FURTHER INFORMATION CONTACT: Ross National Marine Fisheries System (VMS), and Service (NMFS), National Oceanic and Arnold, International Trade Specialist, (f) Size distribution and high grading Office of Textiles and Apparel, U.S. Atmospheric Administration (NOAA), estimation; Commerce. Department of Commerce, (202) 482– 6. Bottomfish issues, including: 4212. For information on the quota ACTION: Notice of public meetings. (a) Status of Department of Land and status of this limit, refer to the Quota Natural Resources management plan for Status Reports posted on the bulletin SUMMARY: The Western Pacific Fishery Main Hawaiian Island onaga and ehu, Management Council (Council) will (b) Council’s proposed draft boards of each Customs port or call hold its 91st meeting. amendment for Main Hawaiian Island (202) 927–5850. For information on embargoes and quota re-openings, call DATES: The meeting will be held on onaga and ehu stocks, (202) 482–3715. November 18–21, 1996. See (c) Reevaluation of the NWHI SUPPLEMENTARY INFORMATION for specific bottomfish fishery, and SUPPLEMENTARY INFORMATION: dates and times. (d) Report from the Task Force; Authority: Executive Order 11651 of March 7. Enforcement issues, including: 3, 1972, as amended; section 204 of the ADDRESS: The meeting will be held at (a) NMFS activities, Agricultural Act of 1956, as amended (7 the Ala Moana Hotel, Garden Lanai (b) Status of violations, and U.S.C. 1854); Uruguay Round Agreements Room, Honolulu, HI; telephone: (808) (c) VMS Committee report; Act. 855–4811. 8. Native rights and indigenous Council address: Western Pacific The import restraint limit for textile fishing issues, including; products, produced or manufactured in Fishery Management Council, 1164 (a) Implication of reauthorized Fiji and exported during the period Bishop St., Suite 1405, Honolulu, HI Magnuson Fisheries Conservation and January 1, 1997 through December 31, 96813. Management Act (Magnuson Act) 1997 is based on the limit notified to the FOR FURTHER INFORMATION CONTACT: provisions; 9. Program planning, including; Textiles Monitoring Body pursuant to Kitty M. Simonds, Executive Director; the Uruguay Round Agreements Act and telephone: (808) 522–8220. (a) New provisions of reauthorized Magnuson Act, the Uruguay Round Agreement on SUPPLEMENTARY INFORMATION: The (b) Status of Western Pacific Fisheries Textiles and Clothing (ATC). Council’s Standing Committees will Information Network, and In the letter published below, the meet from 1:00 p.m. to 5:00 p.m. on (c) Consider changes in the way the Chairman of CITA directs the November 18, and from 8:30 a.m. to 5:00 Council conducts meetings; Commissioner of Customs to establish p.m. on November 19. The full Council 10. Administrative matters, including: the limit for the 1997 period. will meet from 8:30 a.m. to 5:00 p.m. on (a) 1997–98 Advisory Panel A description of the textile and November 20–21. A joint meeting of the appointments; and apparel categories in terms of HTS Marine and Fisheries Advisory 11. Other business as required. numbers is available in the Committee (MAFAC) and Council will CORRELATION: Textile and Apparel be held on November 20, from 8:30 a.m. Special Accommodations Categories with the Harmonized Tariff to 12:00 p.m., and from 1:30 p.m. to 2:30 This meeting is physically accessible Schedule of the United States (see p.m. to people with disabilities. Requests for Federal Register notice 60 FR 65299, 54986 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices published on December 19, 1995). to include entry for consumption into the implementation of certain of their Information regarding the 1997 Commonwealth of Puerto Rico. provisions. CORRELATION will be published in the The Committee for the Implementation of Troy H. Cribb, Textile Agreements has determined that this Federal Register at a later date. Chairman, Committee for the Implementation The letter to the Commissioner of action falls within the foreign affairs exception to the rulemaking provisions of 5 of Textile Agreements. Customs and the actions taken pursuant U.S.C. 553(a)(1). Committee for the Implementation of Textile to it are not designed to implement all Sincerely, Agreements of the provisions of the Uruguay Round Troy H. Cribb, October 16, 1996. Agreements Act and the ATC, but are Chairman, Committee for the Implementation designed to assist only in the Commissioner of Customs, of Textile Agreements. Department of the Treasury, Washington, DC implementation of certain of their [FR Doc. 96–27085 Filed 10–22–96; 8:45 am] 20229. provisions. BILLING CODE 3510±DR±F Dear Commissioner: This directive Troy H. Cribb, amends, but does not cancel, the directive Chairman, Committee for the Implementation issued to you on November 29, 1995, by the of Textile Agreements. Adjustment of Import Limits for Certain Chairman, Committee for the Implementation Committee for the Implementation of Textile Cotton and Man-Made Fiber Textile of Textile Agreements. That directive Agreements Products Produced or Manufactured in concerns imports of certain cotton, wool, man-made fiber, silk blend and other October 16, 1996. Mauritius vegetable fiber textiles and textile products, Commissioner of Customs, October 16, 1996. produced or manufactured in Mauritius and Department of the Treasury, Washington, DC exported during the twelve-month period 20229. AGENCY: Committee for the which began on January 1, 1996 and extends Dear Commissioner: Pursuant to section Implementation of Textile Agreements through December 31, 1996. 204 of the Agricultural Act of 1956, as (CITA). Effective on October 23, 1996, you are amended (7 U.S.C. 1854), the Uruguay Round directed to adjust the limits for the following Agreements Act and the Uruguay Round ACTION: Issuing a directive to the categories, as provided for under the Uruguay Agreement on Textiles and Clothing (ATC); Commissioner of Customs adjusting Round Agreements Act and the Uruguay and in accordance with the provisions of limits. Round Agreement on Textiles and Clothing: Executive Order 11651 of March 3, 1972, as amended, you are directed to prohibit, EFFECTIVE DATE: October 23, 1996. Category Adjusted twelve-month effective on January 1, 1997, entry into the limit 1 United States for consumption and FOR FURTHER INFORMATION CONTACT: withdrawal from warehouse for consumption Jennifer Aldrich, International Trade Levels not in a group of cotton and man-made fiber textile Specialist, Office of Textiles and 338/339 ...... 456,115 dozen. products in Categories 338/339/638/639, Apparel, U.S. Department of Commerce, 340/640 ...... 516,484 dozen of produced or manufactured in Fiji and (202) 482–4212. For information on the which not more than exported during the twelve-month period 369,315 dozen shall beginning on January 1, 1997 and extending quota status of these limits, refer to the Quota Status Reports posted on the be in Categories through December 31, 1997, in excess of 340±Y/640±Y 2. 1,168,614 dozen of which not more than bulletin boards of each Customs port or 638/639 ...... 382,120 dozen. 973,846 dozen shall be in Categories 338–S/ call (202) 927–5850. For information on 339–S/638–S/639–S 1. embargoes and quota re-openings, call 1 The limits have not been adjusted to ac- Imports charged to this category limit for (202) 482–3715. count for any imports exported after December the period January 1, 1996 through December 31, 1995. 2 31, 1996 shall be charged against that level SUPPLEMENTARY INFORMATION Category 340±Y: only HTS numbers : 6205.20.2015, 6205.20.2020, 6205.20.2046, of restraint to the extent of any unfilled Authority: Executive Order 11651 of March 6205.20.2050 and 6205.20.2060; Category balance. In the event the limit established for 3, 1972, as amended; section 204 of the 640±Y: only HTS numbers 6205.30.2010, that period has been exhausted by previous Agricultural Act of 1956, as amended (7 6205.30.2020, 6205.30.2050 and entries, such goods shall be subject to the U.S.C. 1854); Uruguay Round Agreements 6205.30.2060. level set forth in this directive. Act. The limit set forth above is subject to The Committee for the Implementation of adjustment in the future pursuant to the The current limits for certain Textile Agreements has determined that provisions of the Uruguay Round Agreements categories are being adjusted, variously these actions fall within the foreign affairs Act, the Uruguay Round Agreement on for swing, special shift and carryforward exception to the rulemaking provisions of 5 Textiles and Clothing and any administrative used. U.S.C. 553(a)(1). arrangements notified to the Textiles Sincerely, Monitoring Body. A description of the textile and Troy H. Cribb, apparel categories in terms of HTS In carrying out the above directions, the Chairman, Committee for the Implementation Commissioner of Customs should construe numbers is available in the of Textile Agreements. CORRELATION: Textile and Apparel entry into the United States for consumption [FR Doc. 96–27087 Filed 10–22–96; 8:45 am] Categories with the Harmonized Tariff BILLING CODE 3510±DR±F 1 Category 338–S: only HTS numbers Schedule of the United States (see 6103.22.0050, 6105.10.0010, 6105.10.0030, Federal Register notice 60 FR 65299, 6105.90.8010, 6109.10.0027, 6110.20.1025, published on November 19, 1995). Also 6110.20.2040, 6110.20.2065, 6110.90.9068, Announcement of Levels for Certain 6112.11.0030 and 6114.20.0005; Category 339–S: see 60 FR 62402, published on Cotton, Wool and Man-Made Fiber only HTS numbers 6104.22.0060, 6104.29.2049, December 6, 1995. Textile Products Produced or 6106.10.0010, 6106.10.0030, 6106.90.2510, 6106.90.3010, 6109.10.0070, 6110.20.1030, The letter to the Commissioner of Manufactured in the United Mexican 6110.20.2045, 6110.20.2075, 6110.90.9070, Customs and the actions taken pursuant States 6112.11.0040, 6114.20.0010 and 6117.90.9020; to it are not designed to implement all Category 638–S: all HTS numbers except of the provisions of the Uruguay Round October 17, 1996. 6109.90.1007, 6109.90.1009, 6109.90.1013 and AGENCY: Committee for the 6109.90.1025; Category 639–S: all HTS numbers Agreements Act and the Uruguay Round except 6109.90.1050, 6109.90.1060, 6109.90.1065 Agreement on Textiles and Clothing, but Implementation of Textile Agreements and 6109.90.1070. are designed to assist only in the (CITA). Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 54987

ACTION: Issuing a directive to the implementation of certain of its re-imported into the United States under U.S. Commissioner of Customs establishing provisions. tariff item 9802.00.90. In carrying out the above directions, the levels under the North America Free Troy H. Cribb, Commissioner of Customs should construe Trade Agreement. Chairman, Committee for the Implementation entry into the United States for consumption of Textile Agreements. to include entry for consumption into the EFFECTIVE DATE: January 1, 1997. Committee for the Implementation of Textile Commonwealth of Puerto Rico. Agreements The Committee for the Implementation of FOR FURTHER INFORMATION CONTACT: Textile Agreements has determined that October 17, 1996. Naomi Freeman, International Trade these actions fall within the foreign affairs Specialist, Office of Textiles and Commissioner of Customs, exception of the rulemaking provisions of 5 Department of the Treasury, Washington, DC U.S.C. 553(a)(1). Apparel, U.S. Department of Commerce, 20229. (202) 482–4212. For information on the Sincerely, Dear Commissioner: Pursuant to section Troy H. Cribb, quota status of these limits, refer to the 204 of the Agricultural Act of 1956, as Chairman, Committee for the Implementation Quota Status Reports posted on the amended (7 U.S.C. 1854); and the North of Textile Agreements. bulletin boards of each Customs port or America Free Trade Agreement (NAFTA), call (202) 927–6711. For information on between the Governments of the United [FR Doc. 96–27084 Filed 10–22–96; 8:45 am] embargoes and quota re-openings, call States, the United Mexican States and BILLING CODE 3510±DR±F Canada; and in accordance with the (202) 482–3715. provisions of Executive Order 11651 of March 3, 1972, as amended, you are directed SUPPLEMENTARY INFORMATION: Adjustment of Import Limits for Certain to prohibit, effective on January 1, 1997, Wool Textile Products Produced or Authority: Executive Order 11651 of March entry into the United States for consumption Manufactured in Poland 3, 1972, as amended; section 204 of the and withdrawal from warehouse for Agricultural Act of 1956, as amended (7 consumption of cotton, wool and man-made October 16, 1996. U.S.C. 1854). fiber textile products in the following AGENCY: Committee for the categories, produced or manufactured in Implementation of Textile Agreements In order to implement Annex 300–B Mexico and exported during the twelve- (CITA). of the North America Free Trade month period beginning on January 1, 1997 ACTION: Issuing a directive to the Agreement (NAFTA), restrictions and and extending through December 31, 1997, in Commissioner of Customs adjusting consultation levels for certain cotton, excess of the following levels: limits. wool and man-made fiber textile Category Twelve-month limit products from Mexico are being EFFECTIVE DATE: October 23, 1996. established for the period beginning on 219 ...... 9,438,000 square me- FOR FURTHER INFORMATION CONTACT: January 1, 1997 and extending through ters. Naomi Freeman, International Trade December 31, 1997. 313 ...... 16,854,000 square Specialist, Office of Textiles and meters. These restrictions and consultation Apparel, U.S. Department of Commerce, 314 ...... 6,966,904 square me- (202) 482–4212. For information on the levels do not apply to NAFTA ters. originating goods, as defined in Annex 315 ...... 6,966,904 square me- quota status of these limits, refer to the 300–B, Chapter 4 and Annex 401 of the ters. Quota Status Reports posted on the bulletin boards of each Customs port or agreement. In addition, restrictions and 317 ...... 8,427,000 square me- call (202) 927–5850. For information on consultation levels do not apply to ters. 338/339/638/639 ...... 650,000 dozen. embargoes and quota re-openings, call textile and apparel goods that are 340/640 ...... 147,378 dozen. (202) 482–3715. assembled in Mexico from fabrics 347/348/647/648 ...... 650,000 dozen. wholly formed and cut in the United 410 ...... 397,160 square me- SUPPLEMENTARY INFORMATION: States and exported from and re- ters. Authority: Executive Order 11651 of March imported into the United States under 433 ...... 11,000 dozen. 3, 1972, as amended; section 204 of the U.S. tariff item 9802.00.90. 443 ...... 168,730 numbers. Agricultural Act of 1956, as amended (7 611 ...... 1,267,710 square me- U.S.C. 1854); Uruguay Round Agreements In the letter published below, the ters. Act. Chairman of CITA directs the 633 ...... 10,000 dozen. The current limit for Category 443 is Commissioner of Customs to implement 643 ...... 155,556 numbers. being increased for swing and levels for the 1997 period. carryforward. The limit for Category 410 Imports charged to these category limits for is being reduced to account for the A description of the textile and the period January 1, 1996 through December apparel categories in terms of HTS 31, 1996 shall be charged against those levels swing being applied. numbers is available in the of restraint to the extent of any unfilled A description of the textile and CORRELATION: Textile and Apparel balances. In the event the limits established apparel categories in terms of HTS Categories with the Harmonized Tariff for that period have been exhausted by numbers is available in the Schedule of the United States (see previous entries, such goods shall be subject CORRELATION: Textile and Apparel Federal Register notice 60 FR 65299, to the levels set forth in this directive. Categories with the Harmonized Tariff The levels set forth above are subject to published on December 19, 1995). Schedule of the United States (see adjustment in the future pursuant to the Federal Register notice 60 FR 65299, Information regarding the 1997 provisions of Annex 300–B of the NAFTA. CORRELATION will be published in the published on December 19, 1995). Also The foregoing levels do not apply to see 60 FR 62404, published on Federal Register at a later date. NAFTA originating goods, as defined in December 6, 1995. The letter to the Commissioner of Annex 300–B, Chapter 4 and Annex 401 of the agreement. In addition, restrictions and The letter to the Commissioner of Customs and the actions taken pursuant consultation levels do not apply to textile Customs and the actions taken pursuant to it are not designed to implement all and apparel goods that are assembled in to it are not designed to implement all of the provisions of NAFTA, but are Mexico from fabrics wholly formed and cut of the provisions of the Uruguay Round designed to assist only in the in the United States and exported from and Agreements Act and the Uruguay Round 54988 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

Agreement on Textiles and Clothing, but Quota Status Reports posted on the The Committee for the Implementation of are designed to assist only in the bulletin boards of each Customs port or Textile Agreements has determined that implementation of certain of their call (202) 927–5850. For information on these actions fall within the foreign affairs provisions. embargoes and quota re-openings, call exception of the rulemaking provisions of 5 U.S.C. 553(a)(1). Troy H. Cribb, (202) 482–3715. Sincerely, Chairman, Committee for the Implementation SUPPLEMENTARY INFORMATION: Troy H. Cribb, of Textile Agreements. Authority: Executive Order 11651 of March Chairman, Committee for the Implementation Committee for the Implementation of Textile 3, 1972, as amended; section 204 of the of Textile Agreements. Agreements Agricultural Act of 1956, as amended (7 [FR Doc. 96–27088 Filed 10–22–96; 8:45 am] October 16, 1996. U.S.C. 1854); Uruguay Round Agreements Act. BILLING CODE 3510±DR±F Commissioner of Customs, Department of the Treasury, Washington, DC The current limit for Category 433 is 20229. being increased for swing and carryover. Announcement of Import Restraint Dear Commissioner: This directive The limit for Category 410 is being Limits for Certain Cotton, Wool and amends, but does not cancel, the directive reduced to account for the swing being Man-Made Fiber Textile Products issued to you on November 29, 1995, by the applied. Produced or Manufactured in the Chairman, Committee for the Implementation A description of the textile and Republic of Turkey of Textile Agreements. That directive apparel categories in terms of HTS concerns imports of certain cotton, wool and October 16, 1996. man-made fiber textile products, produced or numbers is available in the manufactured in Poland and exported during CORRELATION: Textile and Apparel AGENCY: Committee for the the twelve-month period which began on Categories with the Harmonized Tariff Implementation of Textile Agreements January 1, 1996 and extends through Schedule of the United States (see (CITA). December 31, 1996. Federal Register notice 60 FR 65299, ACTION: Issuing a directive to the Effective on October 23, 1996, you are published on December 19, 1995). Also Commissioner of Customs establishing directed to adjust the limits for the following see 60 FR 62409, published on limits. categories, as provided for in the Uruguay December 6, 1995. Round Agreements Act and the Uruguay The letter to the Commissioner of EFFECTIVE DATE: January 1, 1997. Round Agreement on Textiles and Clothing: Customs and the actions taken pursuant FOR FURTHER INFORMATION CONTACT: to it are not designed to implement all Naomi Freeman, International Trade Category Adjusted twelve-month limit 1 of the provisions of the Uruguay Round Specialist, Office of Textiles and Agreements Act and the Uruguay Round Apparel, U.S. Department of Commerce, 410 ...... 2,556,603 square me- Agreement on Textiles and Clothing, but (202) 482–4212. For information on the ters. are designed to assist only in the quota status of these limits, refer to the 443 ...... 228,146 numbers. implementation of certain of their Quota Status Reports posted on the 1 The limits have not been adjusted to ac- provisions. bulletin boards of each Customs port or count for any imports exported after December Troy H. Cribb, call (202) 927–6718. For information on 31, 1995. Chairman, Committee for the Implementation embargoes and quota re-openings, call The Committee for the Implementation of of Textile Agreements. (202) 482–3715. Textile Agreements has determined that Committee for the Implementation of Textile SUPPLEMENTARY INFORMATION: these actions fall within the foreign affairs exception of the rulemaking provisions of 5 Agreements Authority: Executive Order 11651 of March U.S.C. 553(a)(1). October 16, 1996. 3, 1972, as amended; section 204 of the Sincerely, Commissioner of Customs, Agricultural Act of 1956, as amended (7 Department of the Treasury, Washington, DC U.S.C. 1854); Uruguay Round Agreements Troy H. Cribb, Act. Chairman, Committee for the Implementation 20229. of Textile Agreements. Dear Commissioner: This directive The import restraint limits for textile amends, but does not cancel, the directive [FR Doc. 96–27089 Filed 10–22–96; 8:45 am] products, produced or manufactured in issued to you on November 29, 1995, by the Turkey and exported during the period BILLING CODE 3510±DR±F Chairman, Committee for the Implementation January 1, 1997 through December 31, of Textile Agreements. That directive 1997 are based on limits notified to the concerns imports of certain wool textile Textiles Monitoring Body pursuant to Adjustment of Import Limits for Certain products, produced or manufactured in the Wool Textile Products Produced or Slovak Republic and exported during the the Uruguay Round Agreements Act and Manufactured in the Slovak Republic twelve-month period which began on January the Uruguay Round Agreement on 1, 1996 and extends through December 31, Textiles and Clothing (ATC), and October 16, 1996. 1996. Memoranda of Understanding (MOUs) AGENCY: Committee for the Effective on October 23, 1996, you are dated July 19, 1995, between the Implementation of Textile Agreements directed to adjust the limits for the following Governments of the United States and (CITA). categories, as provided for in the Uruguay the Republic of Turkey. Round Agreements Act and the Uruguay ACTION: Issuing a directive to the In the letter published below, the Round Agreement on Textiles and Clothing: Commissioner of Customs adjusting Chairman of CITA directs the limits. Commissioner of Customs to establish Category Adjusted twelve-month limit 1 the 1997 limits. The limits for certain EFFECTIVE DATE: October 23, 1996. categories have been reduced for FOR FURTHER INFORMATION CONTACT: 410 ...... 355,331 square me- carryforward applied in 1996. Naomi Freeman, International Trade ters. A description of the textile and Specialist, Office of Textiles and 433 ...... 13,313 dozen. apparel categories in terms of HTS Apparel, U.S. Department of Commerce, 1 The limits have not been adjusted to ac- numbers is available in the (202) 482–4212. For information on the count for any imports exported after December CORRELATION: Textile and Apparel quota status of these limits, refer to the 31, 1995. Categories with the Harmonized Tariff Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 54989

Schedule of the United States (see Twelve-month restraint Twelve-month restraint Federal Register notice 60 FR 65299, Category limit Category limit published on December 19, 1995). Information regarding the 1997 Sublevel in Fabric 611 ...... 48,946,785 square CORRELATION will be published in the Group meters. 625/626/627/628/629 16,641,907 square Federal Register at a later date. 1 meters of which not Category 338±S: only HTS numbers The letter to the Commissioner of 6103.22.0050, 6105.10.0010, 6105.10.0030, more than 6,283,347 6105.90.8010, 6109.10.0027, 6110.20.1025, Customs and the actions taken pursuant square meters shall to it are not designed to implement all 6110.20.2040, 6110.20.2065, 6110.90.9068, be in Category 625; 6112.11.0030 and 6114.20.0005; Category of the provisions of the Uruguay Round not more than 339±S: only HTS numbers 6104.22.0060, Agreements Act, the ATC and MOUs, 6,656,763 square 6104.29.2049, 6106.10.0010, 6106.10.0030, but are designed to assist only in the meters shall be in 6106.90.2510, 6106.90.3010, 6109.10.0070, implementation of certain of their Category 626; not 6110.20.1030, 6110.20.2045, 6110.20.2075, more than 6,656,763 6110.90.9070, 6112.11.0040, 6114.20.0010 provisions. and 6117.90.9020; Category 638±S: all HTS square meters shall Troy H. Cribb, numbers except 6109.90.1007, 6109.90.1009, be in Category 627; Chairman, Committee for the Implementation 6109.90.1013 and 6109.90.1025; Category not more than 639±S: all HTS numbers except of Textile Agreements. 6,656,763 square 6109.90.1050, 6109.90.1060, 6109.90.1065 Committee for the Implementation of Textile meters shall be in and 6109.90.1070. Agreements Category 628; and 2 Category 340±Y: only HTS numbers 6205.20.2015, 6205.20.2020, 6205.20.2046, October 16, 1996. not more than 6,656,763 square 6205.20.2050 and 6205.20.2060; Category Commissioner of Customs, meters shall be in 640±Y: only HTS numbers 6205.30.2010, Department of the Treasury, Washington, DC 6205.30.2020, 6205.30.2050 and Category 629. 20229. 6205.30.2060. Limits not in a group 3 Dear Commissioner: Pursuant to section Category 341±Y: only HTS numbers 200 ...... 1,559,836 kilograms. 6204.22.3060, 6206.30.3010, 6206.30.3030 204 of the Agricultural Act of 1956, as 300/301 ...... 7,594,732 kilograms. and 6211.42.0054; Category 641±Y: only HTS amended (7 U.S.C. 1854), the Uruguay Round 335 ...... 327,917 dozen. numbers 6204.23.0050, 6204.29.2030, Agreements Act, the Uruguay Round 6206.40.3010 and 6206.40.3025. 336/636 ...... 772,427 dozen. Agreement on Textiles and Clothing (ATC) 4 Category 347±T: only HTS numbers and Memoranda of Understanding (MOUs) 338/339/638/639 ...... 4,539,664 dozen of 6103.19.2015, 6103.19.9020, 6103.22.0030, dated July 19, 1995 between the which not more than 6103.42.1020, 6103.42.1040, 6103.49.8010, Governments of the United States and the 3,404,749 dozen 6112.11.0050, 6113.00.9038, 6203.19.1020, Republic of Turkey; and in accordance with shall be in Cat- 6203.19.9020, 6203.22.3020, 6203.42.4005, the provisions of Executive Order 11651 of egories 338±S/339± 6203.42.4010, 6203.42.4015, 6203.42.4025, March 3, 1972, as amended, you are directed S/638±S/639±S 1. 6203.42.4035, 6203.42.4045, 6203.49.8020, 6210.40.9033, 6211.20.1520, 6211.20.3810 to prohibit, effective on January 1, 1997, 340/640 ...... 1,482,147 dozen of and 6211.32.0040; Category 348±T: only HTS entry into the United States for consumption which not more than numbers 6104.12.0030, 6104.19.8030, and withdrawal from warehouse for 421,542 dozen shall 6104.22.0040, 6104.29.2034, 6104.62.2010, consumption of cotton, wool and man-made be in Categories 6104.62.2025, 6104.69.8022, 6112.11.0060, fiber textile products in the following 340±Y/640±Y 2. 6113.00.9042, 6117.90.9060, 6204.12.0030, categories, produced or manufactured in 341/641 ...... 1,463,690 dozen of 6204.19.8030, 6204.22.3040, 6204.29.4034, Turkey and exported during the twelve- which not more than 6204.62.3000, 6204.62.4005, 6204.62.4010, month period beginning on January 1, 1997 6204.62.4020, 6204.62.4030, 6204.62.4040, 512,291 dozen shall 6204.62.4050, 6204.69.6010, 6304.69.9010. and extending through December 31, 1997, in be in Categories 6210.50.9060, 6211.20.1550, 6211.20.6810, excess of the following levels of restraint: 341±Y/641±Y 3. 6211.42.0030 and 6217.90.9050. 342/642 ...... 859,872 dozen. 5 Category 369±S: only HTS number Category Twelve-month restraint 347/348 ...... 4,678,286 dozen of 6307.10.2005. limit which not more than Imports charged to these category limits for 1,627,311 dozen the period January 1, 1996 through December Fabric Group shall be in Cat- 219, 313, 314, 315, 161,772,523 square egories 347±T/348± 31, 1996 shall be charged against those levels 317, 326, 617, meters of which not T 4. of restraint to the extent of any unfilled 625/626/627/628/ more than 350 ...... 460,322 dozen. balances. In the event the limits established 629, as a group. 36,968,320 square 351/651 ...... 735,976 dozen. for that period have been exhausted by meters shall be in previous entries, such goods shall be subject Category 219; 352/652 ...... 2,471,920 dozen. to the levels set forth in this directive. 45,183,501 square 361 ...... 1,639,587 numbers. 5 The limits set forth above are subject to meters shall be in 369±S ...... 1,695,021 kilograms. Category 313; 410/624 ...... 1,087,905 square me- adjustment in the future pursuant to the 26,288,583 square ters of which not provisions of the Uruguay Round Agreements meters shall be in more than 662,186 Act, the ATC and any administrative Category 314; square meters shall arrangements notified to the Textiles 35,325,285 square be in Category 410. Monitoring Body. meters shall be in 448 ...... 37,330 dozen. In carrying out the above directions, the Category 315; 604 ...... 1,956,551 kilograms. Commissioner of Customs should construe 36,968,320 square entry into the United States for consumption meters shall be in to include entry for consumption into the Category 317; Commonwealth of Puerto Rico. 4,107,590 square The Committee for the Implementation of meters shall be in Category 326, and Textile Agreements has determined that 24,645,548 square these actions fall within the foreign affairs meters shall be in exception of the rulemaking provisions of 5 Category 617. U.S.C. 553(a)(1). 54990 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

Sincerely, OMB Desk Officer: Mr. Edward C. N.W., Washington, D.C. 20002–4233, Troy H. Cribb, Springer. Written comments and Telephone: (202) 357–6938. Chairman, Committee for the Implementation recommendations on the proposed SUPPLEMENTARY INFORMATION: The of Textile Agreements. information collection should be sent to National Assessment Governing Board Mr. Springer at the Office of [FR Doc. 96–27086 Filed 10–22–96; 8:45 am] is established under section 412 of the BILLING CODE 3510±DR±F Management and Budget, Desk Officer for DoD, Room 10236, New Executive National Education Statistics Act of Office Building, Washington, DC 20503. 1994 (Title IV of the Improving DEPARTMENT OF DEFENSE DOD Clearance Officer: Mr. William America’s Schools Act of 1994) (Pub. L. Pearce. Written requests for copies of 103–382). Office of the Secretary the information collection proposal The Board is established to formulate should be sent to Mr. Pearce, WHS/ policy guidelines for the National Public Information Collection DIOR, 1215 Jefferson Davis Highway, Assessment of Educational Progress. Requirement Submitted to the Office of Suite 1204, Arlington, VA 22202–4302. The Board is responsible for selecting Management and Budget (OMB) for Dated: October 17, 1996. subject areas to be assessed, developing Review Patricia L. Toppings, assessment objectives, identifying ACTION: Notice. Alternate OSD Federal Register Liaison appropriate achievement goals for each Officer, Department of Defense. grade and subject tested, and The Department of Defense has establishing standards and procedures submitted to OMB for clearance, the [FR Doc. 96–27075 Filed 10–22–96; 8:45 am] for interstate and national comparisons. following proposal for collection of BILLING CODE 5000±04±M information under the provisions of the On November 14, from 3:00–5:00 Paperwork Reduction Act (44 U.S.C. P.M., there will be open meetings of the DEPARTMENT OF EDUCATION Chapter 35). Design and Methodology Committee and Subject Area Committee #2. The Title, Applicable Forms, and OMB National Assessment Governing Control Number: Personal Information Board; Meeting Design and Methodology Committee Questionnaire, NAVMC 11064, OMB will discuss several policy areas related Number 703–0012. AGENCY: National Assessment to the NAEP redesign including, but not Type of Request: Reinstatement, Governing Board; Education. limited to, changing sampling without change, of a previously ACTION: Notice of partially closed procedures to reduce the burden on approved collection for which approval meeting. states, policy options for states wishing has expired. to exercise flexible subject area or grade- SUMMARY: This notice sets forth the Number of Respondents: 16,700. level assessments, and options for Responses per Respondent: 1. schedule and proposed agenda of a Annual Responses: 16,700. international benchmarking with NAEP. forthcoming meeting of the National # Average Burden per Response: 30 Assessment Governing Board. This Subject Area Committee 2 will meet to minutes. notice also describes the functions of review the status of the 1997 arts probe Annual Burden Hours: 8,350. the Board. Notice of this meeting is and 1998 writing assessment, and to Needs and Uses: The Personal required under Section 10(a)(2) of the discuss NAEP redesign policy Information Questionnaire (PIQ) is used Federal Advisory Committee Act. This implementation issues. Also, on by the Marine Corps as a standardized document is intended to notify the November 14, the Executive Committee method in assisting Officer Selection general public of their opportunity to will meet in partially closed session. Officers, a Board of Officers at attend the open portions of the meeting. During the open portion of the meeting, Headquarters, Marine Corps in DATES: November 14–16, 1996 5:00–6:00 p.m., the Committee will hear determining the personal characteristics TIME: November 14—Design and an update on the NAEP redesign and of applicants for all Reserve officer Methodology Committee, and Subject review the proposed schedule of programs. The questionnaire is sent to at Area Committee #2, 3:00–5:00 p.m., assessments for the nest eight to ten least six persons to be named by the (open); Executive Committee, 5:00–6:00 years. The Committee will then meet in applicant, for completion and return. p.m. (open); 6:00–7:00 p.m. (closed). closed session from 6:00–7:00 p.m. to All PIQs will be included with the November 15— Full Board, 9:00 a.m., review official government cost application, and is an attempt to gather (open) Achievement Levels Committee estimates for the 1997 RFP for NAEP specific information about the 10:00–11:00 a.m., (open), 11:00–12:00 applicant’s character and background. programs. Public disclosure of this noon, (closed); Subject Area Committee information would likely have an This form provides the Marine Corps #1, and Reporting and Dissemination with precise data on personal adverse financial affect on the NAEP Committee, 10:00–12:00 noon, (open); program. The discussion of this characteristics of applicants which will Full Board 12:00 noon–2:00 p.m. ensure selection of the highest quality information would be likely to (closed), 2:15–4:30 p.m. (open). significantly frustrate implementation of commissioned officer for the Corps. November 16—Nominiations a proposed agency action if conducted While some objective evaluations can be Committee, 8:00 a.m.–9:00 a.m., (open); in open session. Such matters are made from academic records, test Full Board, 9:00 a.m. until adjournment, results, and employment records, such approximately 12:00 noon (open). protected by exemption (9)(B) of Section intangible qualities as personal 552b(c) of Title 5 U.S.C. LOCATION: The Hotel Washington, 15th characteristics can best be evaluated by On November 15, the full Board will the objective ratings of those persons and Pennsylvania Avenue, NW, Washington, DC. convene in open session at 9:00 a.m. who have personal knowledge of the The agenda for this session of the full candidate. FOR FURTHER INFORMATION CONTACT: Board meeting includes approval of the Affected Public: Individuals or agenda, the Executive Director’s Report, households. Mary Ann Wilmer, Operations Officer, Frequency: On occasion. National Assessment Governing Board, and an update on the NAEP project. Respondent’s Obligation: Voluntary. Suite 825, 800 North Capitol Street, Between 10:00 a.m. and 12:00 noon Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 54991 there will be meetings of three of the following categories: general public, [Docket No. EG96±35±000] Board’s standing committees: non-public school, business, local board Achievement Levels, Reporting and of education, state board of education, AEP Resources Project Management Company, Limited; Notice of Surrender Dissemination, Subject Area #1. state legislator (Republican), and test of Exempt Wholesale Generator Status The Achievement Levels Committee and measurement specialist. will meet in partially closed session. Beginning at 9:00 a.m., until October 17, 1996. During the open portion of the meeting, Take notice that on October 7, 1996, 10:00–11:00 a.m., the Committee will adjournment at approximately 12:00 noon, the full Board will reconvene. The pursuant to section 365.7 of the discuss the 1996 science level-setting Commission’s regulations, 18 CFR process and proposed achievement level agenda includes a presentation on international standards and reports from 365.7, AEP Resources Project descriptions. The Committee will then Management Company, Limited filed the standing committees—Subject Areas meet in closed session from 111:00 notification that it surrenders its status #1 and #2, Achievement Levels, a.m.–12:00 noon to discuss the results of as an exempt wholesale generator under the current 1996 science level-setting Reporting and Dissemination, Design section 32(a)(1) of the Public Utility and to review the current analysis of and Methodology, and Executive. Holding Company Act of 1935, as data and proposed exemplar items. This Summaries of the activities of the amended. part of the meeting must be conducted closed sessions and related matters, Lois D. Cashell, in closed session because references which are informative to the public and will be made to specific items from the Secretary. consistent with the policy of section 5 assessment and premature disclosure of [FR Doc. 96–27110 Filed 10–22–96; 8:45 am] the information presented for review U.S.C. 552b(c), will be available to the BILLING CODE 6717±01±M would be likely to significantly frustrate public within 14 days after the meeting. Records are kept of all Board implementation of a proposed agency [Docket No. CP97±17±000] action. Such matters are protected by proceedings and are available for public exemption (9)(B) of Section 552b(c) of inspection at the U.S. Department of ANR Pipeline Company; Notice of Title 5 U.S.C. Education, National Assessment Request Under Blanket Authorization Between 10:00 a.m. and 12:00 noon, Governing Board, Suite 825, 800 North there will be open meetings of the Capitol Street, N.W., Washington, D.C., October 17, 1996. Reporting and Dissemination from 8:30 a.m. to 5:00 p.m. Take notice that on October 8, 1996, ANR Pipeline Company (ANR), 500 Committee, and Subject Area Committee Dated: October 18, 1996. #1. Agenda items for the Reporting and Renaissance Center, Detroit, Michigan Dissemination Committee include a Roy Truby, 48243, filed in Docket No. CP97–17–000 discussion of redesign issues related to Executive Director, National Assessment a request pursuant to Sections 157.205 timely release of NAEP reports and Governing Board. and 157.212 of the Commission’s definitions of standard, comprehensive, [FR Doc. 96–27134 Filed 10–22–96; 8:45 am] Regulations under the Natural Gas Act and focussed reports. Subject Area BILLING CODE 4000±01±M (18 CFR 157.205 and 157.212) for Committee #1 will meet to review the authorization to construct and operate status of the 1998 civics and reading an interconnection between ANR and assessments, and to discuss NAEP Wisconsin Fuel & Light Company redesign policy implementation issues. DEPARTMENT OF ENERGY (WF&L), in Marathon County, The full Board will reconvene in Wisconsin, to accommodate WF&L’s closed session, beginning at 12:00 noon, Federal Energy Regulatory continuing growth load. ANR makes to hear a briefing on the proposed Commission such request under its blanket certificate achievement levels for the 1996 science issued in Docket No. CP82–480–000 assessment. This part of the meeting [Docket No. EG96±34±000] pursuant to Section 7 of the Natural Gas must be conducted in closed session Act, all as more fully set forth in the because reference will be made to AEP Resources International, Limited; request on file with the Commission and specific items from the assessment and Notice of Surrender of Exempt open to public inspection. premature disclosure of the information Wholesale Generator Status ANR is proposing to modify its presented for review would be likely to existing Callon tap which is located on significantly frustrate implementation of October 17, 1996. ANR’s Wittenberg Lateral in Marathon a proposed agency action. Such matters County. ANR mentions that the Callon Take notice that on October 7, 1996, tap was originally installed as part of are protected by exemption (9)(B) of pursuant to section 365.7 of the Section 552b(c) of Title 5 U.S.C. the Wittenberg Lateral in 1969, but that Beginning at 2:15 p.m., the meeting Commission’s regulations, 18 CFR 365.7 ANR never delivered gas at that tap. will be open to the public. During the (1996), AEP Resources International, ANR states that WF&L submitted a open portion of the meeting the Board Limited filed notification that it request to ANR, in which WF&L will hear two presentations: (1) the New surrenders its status as an exempt requested to tie into the Callon tap in Education Entity—Follow-up to the wholesale generator under section order to accommodate continuing load National Education Summit, and (2) an 32(a)(1) of the Public Utility Holding growth in WF&L’s Wausau distribution update on the NAEP redesign initiative. Company Act of 1935, as amended. area. It is indicated that the Callon tap On November 16, 1 the Nominations Lois D. Cashell, currently consists of a 4-inch Committee will meet in open session Secretary. underground valve with a high head from 8:00 a.m.–9:00 a.m. The Committee [FR Doc. 96–27109 Filed 10–22–96; 8:45 am] extension and a blind flange. ANR states will review procedures to be used for that it is proposing to modify the Callon the solicitation of the names of BILLING CODE 6717±01±M tap so that it would be above ground, individuals to succeed the Board making maintenance and repairs more members whose terms expire September convenient. ANR further states that it 30, 1997. The expiring terms are in the proposes to add a flange and an 54992 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices insulated flange, a reducer, two piping the Commission’s Regulations. Protests available for public inspection in the elbows, and approximately eight feet of will be considered by the Commission Public Reference Room. 2-inch piping at this interconnection, as in determining the appropriate action to Lois D. Cashell, part of the modification. be taken, but will not serve to make Secretary. ANR avers that approximately 240 protestants parties to the proceeding. [FR Doc. 96–27104 Filed 10–22–96; 8:45 am] Mcf of natural gas during a peak day, Copies of this filing are on file with the BILLING CODE 6717±01±M will be delivered to this Commission and are available for public interconnection, and that the delivery inspection in the Public Reference quantity will be within WF&L’s Room. certificated entitlements. It is estimated [Docket No. PR96±10±000] Lois D. Cashell, that the proposed modification will cost approximately $3,000. Secretary. Dow Intrastate Gas Company; Notice Any person or the Commission’s staff [FR Doc. 96–27107 Filed 10–22–96; 8:45 am] of Informal Settlement Conference may, within 45 days after issuance of BILLING CODE 6717±01±M October 17, 1996. the instant notice by the Commission, file pursuant to Rule 214 of the Take notice that an informal Commission’s Procedural Rules (18 CFR [Docket No. GT97±4±000] settlement conference in the above- 385.214) a motion to intervene or notice captioned proceeding will be held on of intervention and pursuant to Section Distrigas of Massachusetts Thursday, October 24, 1996, at 9:00 157.205 of the Regulations under the Corporation; Notice of Filing of Refund A.M. in a room to be designated at the Natural Gas Act (18 CFR 157.205) a Report offices of the Federal Energy Regulatory protest to the request. If no protest is Commission, 888 First Street, N.E., filed within the time allowed therefor, October 17, 1996. Washington, D.C. 20426. the proposed activity shall be deemed to Take notice that on October 8, 1996, Attendance will be limited to the be authorized effective the day after the Distrigas of Massachusetts Corporation parties and Staff. For additional time allowed for filing a protest. If a (DOMAC) tendered for filing a refund information, please contact Frank protest is filed and not withdrawn report to comply with the Commission Sparber at (202) 208–0335. within 30 days after the time allowed Order issued February 22, 1995, in Lois D. Cashell, for filing a protest, the instant request Docket No. RP95–124–000. The report shall be treated as an application for Secretary. indicates that on June 25, 1996, DOMAC authorization pursuant to Section 7 of [FR Doc. 96–27106 Filed 10–22–96; 8:45 am] received a refund of $7,876.00 from the the Natural Gas Act. BILLING CODE 6717±01±M Gas Research Institute (GRI) covering Lois D. Cashell, the 1995 Tier 1 refund. Secretary. [FR Doc. 96–27100 Filed 10–22–96; 8:45 am] Pursuant to the February 22, 1995 [Docket No. ER96±2964±000] BILLING CODE 6717±01±M order, member pipelines receiving refunds are required to maker credits Enserco Energy, Inc.; Notice of Filing pro rata to all eligible firm customers [Docket No. RP96±362±001] and to file a refund report. DOMAC October 17, 1996. states that it does not pass through its Take notice that on October 10, 1996, ANR Pipeline Co.; Notice of Proposed GRI funding obligations to its firm Enserco Energy, Inc. tendered for filing Changes in FERC Gas Tariff customers and consequently no firm an amendment in the above-referenced October 17, 1996. customer has borne these costs. Instead, docket. Take notice that on October 11, 1996, DOMAC has funded its obligations to Any person desiring to be heard or to ANR Pipeline Company (ANR) tendered GRI out of its own sales margin. protest said filing should file a motion for filing as part of its FERC Gas Tariff, Therefore, DOMAC states that it will not to intervene or protest with the Federal Second Revised Volume No. 1, the be crediting this refund to any of its firm Energy Regulatory Commission, 888 following tariff sheet to become effective customers. First Street, NE., Washington, DC 20426, September 1, 1996: Any person desiring to be heard or to in accordance with Rules 211 and 214 Substitute Nineteenth Revised Sheet No. 18 protest said filing should file a motion of the Commission’s Rules of Practice to intervene or protest with the Federal and Procedure (18 CFR 385.211 and 18 ANR states that the above-referenced CFR 385.214). All such motions or updated tariff sheet is being filed to Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. protests should be filed on or before restate its eleventh Quarterly Dakota October 28, 1996. Protests will be 20426, in accordance with Sections Reservation Surcharge to reflect the considered by the Commission in 385.214 and 385.211 of the impact of the update of the Eligible determining the appropriate action to be Commission’s Rules and Regulations. MDQ that is used to calculate those taken, but will not serve to make surcharges in compliance with the All such protests or motions should be protestants parties to the proceeding. Commission’s letter order dated filed on or before October 24, 1996. Any person wishing to become a party September 26, 1996. Protests will be considered by the must file a motion to intervene. Copies Any person desiring to protest this Commission in determining the of this filing are on file with the filing should file a protest with the appropriate action to be taken, but will Commission and are available for public Federal Energy Regulatory Commission, not serve to make protestants parties to inspection. 888 First Street, NE., Washington, DC the proceeding. Any person wishing to Lois D. Cashell, 20426, in accordance with 18 CFR become a party must file a motion to Secretary. 385.211 of the Commission’s Rules and intervene. Copies of this filing are on Regulations. All such protests must be file with the Commission and are [FR Doc. 96–27108 Filed 10–22–96; 8:45 am] filed as provided in Section 154.210 of BILLING CODE 6717±01±M Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 54993

[Docket No. CP97±20±000] authorization pursuant to Section 7 of substantially less than five percent and the Natural Gas Act. that Questar seeks rolled-in rate Northern Natural Gas Company; Notice Lois D. Cashell, treatment for the Phase I and Phase II of Request Under Blanket Secretary. facility costs. Furthermore, Questar Authorization [FR Doc. 96–27101 Filed 10–22–96; 8:45 am] avers that the installation of both phases of the looping project will benefit all October 17, 1996. BILLING CODE 6717±01±M existing customers of Questar by (1) Take notice that on October 9, 1996, providing expanded delivery-point Northern Natural Gas Company [Docket No. CP96±820±000] flexibility, (2) offering, through (Northern), 1111 South 103rd Street, broadened access to gas supplies, Questar Pipeline Co.; Notice of Omaha, Nebraska 68124–1000, filed in additional receipt point flexibility, (3) Application Docket No. CP97–20–000, a request improving market access for producers pursuant to Sections 157.205 and October 17, 1996. located adjacent to Questar’s 157.216(b) of the Commission’s Take notice that on September 30, transmission system, (4) enhancing Clay Regulations under the Natural Gas Act 1996, Questar Pipeline Company Basin storage service and (5) ensuring (18 FR 157.205 and 157.216(b)) for (Questar) 79 State Street, Salt Lake City, long-term service reliability. authorization to abandon 21 small Utah 84111, filed in Docket No. CP96– Any person desiring to be heard or to volume measuring station facilities 820–000 an application, pursuant to make any protest with reference to said (facilities) located in Iowa, Minnesota, Section 7(c) of the Natural Gas Act, for application should on or before Nebraska, and South Dakota, under the a certificate of public convenience and November 7, 1996, file with the Federal blanket certificate issued in Docket No. necessity for authorization to construct Energy Regulatory Commission, CP82–401–000, pursuant to Section 7(c) and operate, in two phases, Washington, DC 20426, a motion to of the Natural Gas Act, all as more fully approximately 41.2 miles of 20-inch intervene or a protest in accordance set forth in the request which is on file pipeline loop in Sweetwater County, with the requirements of the with the Commission and open to Wyoming and Daggett County, Utah, all Commission’s Rules of Practice and public inspection. as more fully set forth in the application Procedure (18 CFR 385.214 or 385.211) which is on file with the Commission and the Regulations under the Natural Northern states that 21 of its end- and open to public inspection. users have requested the removal of the Gas Act (18 CFR 157.10). All protests Questar states that it proposes to filed with the Commission will be facilities from their properties. Northern install, in two phases, 41.2 miles of 20- considered by it in determining the has included in its filing, a copy of a inch outside diameter pipeline looping appropriate action to be taken but will consent form from each end-user facilities that will parallel its existing not serve to make the protestants parties authorizing removal of such facilities. Main Line No. 58 (ML 58) between to the proceeding. Any person wishing Northern has listed the facilities to be Questar’s Clay Basin underground to become a party to a proceeding or to abandoned, with maps detailing their natural gas storage field and its participate as a party in any hearing locations, in Attachment A to the filing. Nightingale/Kanda/Coleman therein must file a motion to intervene Northern asserts that the facilities will Compressor Complex. Questar explains in accordance with the Commission’s be abandoned and removed in that Phase I of the looping project will Rules. accordance with all applicable comprise the installation of 27.6 miles Take further notice that, pursuant to environmental laws and regulations and of pipeline, the construction of which the authority contained in and subject to the sites restored to their original will commence during the spring of the jurisdiction conferred upon the condition by leveling the sites and 1997, increase mainline transmission Federal Energy Regulatory Commission reseeding with native vegetation. capacity by approximately 59,000 Dekatherms per day (Dth/d) and cost an by Sections 7 and 15 of the Natural Gas Northern says the removal will be Act and the Commission’s Rules of accomplished with no additional estimated $11,553,000. It is further explained that Phase II of the project Practice and Procedure, a hearing will disturbance since no piping associated will comprise the installation of 13.6 be held without further notice before the with the proposed abandonment of the miles of pipeline, the construction of Commission or its designee on this facilities will be abandoned. which is expected to commence during application if no motion to intervene is Any person or the Commission’s staff 1998, increase mainline capacity by filed within the time required herein, if may, within 45 days after issuance of approximately 29,000 Dth/d per day and the Commission on its own review of the instant notice by the Commission, cost an estimated $6,276,000. In all, the matter finds that a grant of the file pursuant to Rule 214 of the Questar states, the construction of both certificate is required by the public Commission’s Procedural Rules (18 CFR phases of the ML No. 58 project will convenience and necessity. If a motion 385.214) a motion to intervene or notice increase transmission capacity by for leave to intervene is timely filed, or of intervention and pursuant to Section approximately 88,000 Dth/d at an if the Commission on its own motion 157.205 of the Regulations under the estimated cost of $17,829,000. believes that a formal hearing is Natural Gas Act (18 CFR 157.205) a Questar further states that, thus far, it required, further notice of such hearing protest to the request. If no protest is has entered into two new firm will be duly given. filed within the time allowed therefor, transportation service agreements and Under the procedure herein provided the proposed activity shall be deemed to an amendment to an existing firm- for, unless otherwise advised, it will be be authorized effective the day after the service agreement, totalling 35,000 Dth/ unnecessary for Questar to appear or be time allowed for filing a protest. If a d, that support the looping project. It is represented at the hearing. stated that the net rate impact associated protest is filed and not withdrawn with rolling the combined Phase I and Lois D. Cashell, within 30 days after the time allowed Phase II construction costs and Secretary. for filing a protest, the instant request incremental service level into Questar’s [FR Doc. 96–27099 Filed 10–22–96; 8:45 am] shall be treated as an application for currently effective rate design is BILLING CODE 6717±01±M 54994 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

[Docket No. CP97±21±000] shall be treated as an application for accommodate the service proposed authorization pursuant to Section 7 of herein without determent or Viking Gas Transmission Company; the Natural Gas Act. disadvantage to its other customers. Notice of Request Under Blanket Lois D. Cashell, Authorization Any person or the Commission’s staff Secretary. may, within 45 days after issuance of October 17, 1996. [FR Doc. 96–27102 Filed 10–22–96; 8:45 am] the instant notice by the Commission, Take notice that on October 10, 1996, BILLING CODE 6717±01±M file pursuant to Rule 214 of the Viking Gas Transmission Company Commission’s Procedural Rules (18 CFR (Viking), 825 Rice Street, St. Paul, 385.214) a motion to intervene or notice [Docket No. CP97±23±000] Minnesota 55117, filed in Docket No. of intervention and pursuant to Section CP97–21–000 a request pursuant to Williams Natural Gas Company; Notice 157.205 of the Regulations under the Sections 157.205 and 157.212 of the of Request Under Blanket Natural Gas Act (18 CFR 157.205) a Commission’s Regulations under the Authorization protest to the request. If no protest is Natural Gas Act (18 CFR 157.205, filed within the time allowed therefore, 157.212) for authorization to add a new October 17, 1996. the proposed activity shall be deemed to delivery point for firm transportation Take notice that on October 10, 1996, be authorized effective the day after the services for RDO Foods Co., a North Williams Natural Gas Company time allowed for filing a protest. If a Dakota corporation (RDO Foods) under (Applicant), P.O. Box 3288, Tulsa, protest is filed and not withdrawn Vikings’ blanket certificate issued in Oklahoma 74101, filed in Docket No. within 30 days after the time allowed Docket No. CP82–414–000 pursuant to CP97–23–000 a request pursuant to for filing a protest, the instant request Section 7 of the Natural Gas Act, all as 157.205, 157.212 and 157.216 of the shall be treated as an application for more fully set forth in the request that Commission’s Regulations under the authorization pursuant to Section 7 of is on file with the Commission and open Natural Gas Act for authorization to (1) the Natural Gas Act. to public inspection. to relocate and reinstall the Glacier Lois D. Cashell, Viking states that the new RDO Foods Petroleum Company, Inc. (Glacier) Secretary. delivery point will be located in Grand meter setting, and after relocation, (2) to [FR Doc. 96–27103 Filed 10–22–96; 8:45 am] Forks County, North Dakota at Milepost abandon by sale to Glacier 2204A–101+15.18 on Viking’s system. approximately 1.56 miles of the Thrall BILLING CODE 6717±01±M Viking states that RDO Foods has 3-inch lateral pipeline, all located in requested deliveries of up to 1,200 Dth Greenwood County, Kansas, under of natural gas per day at the Grand Forks blanket certificate issued in Docket No. [Docket No. ER97±63±000, et al.] County, North Dakota delivery point. CP82–479–000,1 all as more fully set Viking also states that RDO Foods has forth in the request for authorization on Niagara Mohawk Power Corporation, et agreed to reimburse Viking for the costs file with the Commission and open for al.; Electric Rate and Corporate of the facilities, which consist of a two- public inspection. Regulation Filings inch hot tap, piping, valves, regulation, Applicant proposes to reclaim the October 16, 1996. odorization, measurement, and data existing Glacier meter setting, originally acquisition equipment. The estimated installed in 1940 and replaced in 1986, Take notice that the following filings cost of these facilities is $144,000. from Section 28, Township 23 South, have been made with the Commission: Viking further states that the total Range 10 East, and to reinstall it at the 1. Niagara Mohawk Power Corporation quantities to be delivered by Viking to point where the 3-inch Thrall lateral RDO Foods after the establishment of pipeline branches off Applicant’s 4-inch [Docket No. ER97–63–000] the new delivery point will not exceed line in Section 16, Township 23 South, Take notice that on October 7, 1996, contract quantities, and the changes Range 10 East. Relocating the meter Niagara Mohawk Power Corporation proposed are not prohibited by Viking’s setting to Applicant’s mainline will (NMPC), tendered for filing with the tariff. Viking also states that it has make it possible to sell in place to Federal Energy Regulatory Commission sufficient capacity in its system to Glacier approximately 1.56 miles of 3- an executed Service Agreement between accomplish delivery of gas to the inch pipeline downstream of the NMPC and Williams Energy Services proposed Grand Forks County delivery relocated meter. Applicant states the 3- Company (WESCO). This Service point without detriment or disadvantage inch Thrall line was originally installed Agreement specifies that WESCO has to any of Viking’s other customers. in 1940 and certificated in Docket No. signed on to and has agreed to the terms Any person or the Commission’s staff G–298. and conditions of NMPC’s Power Sales may, within 45 days after issuance of Applicant states the cost to relocate Tariff designated as NMPC’s FERC the instant notice by the Commission, the Glacier meter setting is estimated to Electric Tariff, Original Volume No. 2. file pursuant to Rule 214 of the be $4,743. Since the existing meter This Tariff, approved by FERC on April Commission’s Procedural Rules (18 CFR setting will be reinstalled, any meter 15, 1994, and which has an effective 385.214) a motion to intervene or notice setting reclaim costs are included in the date of March 13, 1993, will allow of intervention and pursuant to Section cost of construction. There are no NMPC and WESCO to enter into 157.205 of the Regulations under the reclaim costs associated with the separately scheduled transactions under Natural Gas Act (18 CFR 157.205) a pipeline since it will be sold in place for which NMPC will sell to WESCO protest to the request. If no protest is $10. Applicant states that the projected capacity and/or energy as the parties filed within the time allowed therefor, volume of delivery is not expected to may mutually agree. the proposed activity shall be deemed to exceed the current delivered volume. be authorized effective the day after the Applicant states that this change is not In its filing letter, NMPC also time allowed for filing a protest. If a prohibited by its existing tariff and that included a Certificate of Concurrence protest is filed and not withdrawn it has sufficient capacity to executed by the Purchaser. within 30 days after the time allowed NMPC requests an effective date of for filing a protest, the instant request 1 See, 20 FERC ¶ 62,592 (1982). September 20, 1996. NMPC has Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 54995 requested waiver of the notice Committee filed a signature page to the between KCPL and Minnesota Power & requirements for good cause shown. NEPOOL Agreement dated September 1, Light Company (MP). KCPL proposes an NMPC is serving copies of the filing 1971, as amended, signed by Citizens effective date of September 16, 1996, upon the New York State Public Service Lehman Power Sales (Citizens Lehman). and requests waiver of the Commission and WESCO. The New England Power Pool Commission’s notice requirement. This Comment date: October 30, 1996, in Agreement, as amended, has been Agreement provides for the rates and accordance with Standard Paragraph E designated NEPOOL FPC No. 2. charges for Non-Firm Transmission at the end of this notice. The Executive Committee states that Service between KCPL and MP. 2. Wisconsin Electric Power Company acceptance of the signature page would In its filing, KCPL states that the rates permit Citizens Lehman to join the over included in the above-mentioned [Docket No. ER97–64–000] 100 Participants already in the Pool. Service Agreement are KCPL’s rates and Take notice that on October 7, 1996, NEPOOL further states that the filed charges in the compliance filing to Wisconsin Electric Power Company signature page does not change the FERC Order 888 in Docket No. OA96– (Wisconsin Electric), tendered for filing NEPOOL Agreement in any manner, 4–000. an Electric Service Agreement and a other than to make Citizens Lehman a Comment date: October 30, 1996, in Non-Firm Transmission Service Participant in the Pool. NEPOOL accordance with Standard Paragraph E Agreement between itself and National requests an effective date of November at the end of this notice. Gas & Electric L.P. The Electric Service 1, 1996 for commencement of 8. Wisconsin Electric Power Company Agreement provides for service under participation in the Pool by Citizens Wisconsin Electric’s Coordination Sales Lehman. [Docket No. ER97–70–000] Tariff. The Transmission Service Comment date: October 30, 1996, in Take notice that on October 7, 1996, Agreement allows National Gas & accordance with Standard Paragraph E Wisconsin Electric Power Company Electric L.P. to receive non-firm at the end of this notice. (Wisconsin Electric), tendered for filing transmission service under Wisconsin a transmission service agreement and an Electric’s FERC Electric Tariff, Original 5. Virginia Electric and Power Company electric service agreement between itself Volume No. 7. and Pennsylvania Power and Light Wisconsin Electric requests an [Docket No. ER97–67–000] Company (PP&L). The agreement effective date of sixty days from date of Take notice that on October 7, 1996, establishes PP&L as a customer under filing. Copies of the filing have been Virginia Electric and Power Company Wisconsin Electric’s transmission served on National Gas & Electric L.P., (Virginia Power), tendered for filing an service tariff (FERC Electric Tariff, the Public Service Commission of executed version of the service Wisconsin and the Michigan Public Original Volume No. 7) and Service Commission. agreement with Koch Power Services, Coordination Sales Tariff (FERC Electric Comment date: October 30, 1996, in Inc., which it had filed in unexecuted Tariff, Original Volume No. 2). accordance with Standard Paragraph E form on September 5, 1996. Wisconsin Electric respectfully at the end of this notice. Comment date: October 30, 1996, in requests an effective date sixty days accordance with Standard Paragraph E after filing. Wisconsin Electric is 3. Wisconsin Electric Power Company at the end of this notice. authorized to state that PP&L joins in the requested effective date. [Docket No. ER97–65–000] 6. Kansas City Power & Light Company Take notice that on October 7, 1996, Copies of the filing have been served Wisconsin Electric Power Company [Docket No. ER97–68–000] on PP&L, the Michigan Public Service (Wisconsin Electric), tendered for filing Take notice that on October 7, 1996, Commission, and the Public Service an Electric Service Agreement and a Kansas City Power & Light Company Commission of Wisconsin. Non-Firm Transmission Service (KCPL), tendered for filing a Service Comment date: October 30, 1996, in Agreement between itself and Power Agreement dated September 17, 1996, accordance with Standard Paragraph E Company of America, L.P. The Electric between KCPL and Aquila Power at the end of this notice. Service Agreement provides for service Corporation (Aquila). KCPL proposes an 9. New England Power Company under Wisconsin Electric’s Coordination effective date of September, 1996, and Sales Tariff. The Transmission Service requests waiver of the Commission’s [Docket No. ER97–71–000] Agreement allows Power Company of notice requirement. This Agreement Take notice that on October 7, 1996, America, L.P. to receive non-firm provides for the rates and charges for New England Power Company (NEP), transmission service under Wisconsin Non-Firm Transmission Service filed an Interconnection Agreement Electric’s FERC Electric Tariff, Original between KCPL and Aquila. between Green Mountain Power Volume No. 7. In its filing, KCPL states that the rates Corporation and NEP, under which the Wisconsin Electric requests an included in the above-mentioned parties have agreed to the effective date of sixty days from date of Service Agreement are KCPL’s rates and interconnection of a 6 MW facility in filing. Copies of the filing have been charges in the compliance filing to Searsburg, Vermont with NEP’s served on Power Company of America, FERC Order 888 in Docket No. 0A96–6– transmission system. NEP requests an L.P., the Public Service Commission of 000. effective date of the day following the Wisconsin and the Michigan Public Comment date: October 30, 1996, in date of filing. Service Commission. accordance with Standard paragraph E Comment date: October 30, 1996, in Comment date: October 30, 1996, in at the end of this notice. accordance with Standard Paragraph E at the end of this notice. accordance with Standard Paragraph E 7. Kansas City Power & Light Company at the end of this notice. [Docket No. ER97–69–000] 10. Niagara Mohawk Power 4. New England Power Pool Corporation Take notice that on October 7, 1996, [Docket No. ER97–66–000] Kansas City Power & Light Company [Docket No. ER97–72–000] Take notice that on October 7, 1996, (KCPL), tendered for filing a Service Take notice that on October 7, 1996, the New England Power Pool Executive Agreement dated September 16, 1996, Niagara Mohawk Power Corporation 54996 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

(NMPC), tendered for filing with the Comment date: October 30, 1996, in (WPSC), tendered for filing an executed Federal Energy Regulatory Commission, accordance with Standard Paragraph E Transmission Service Agreement an executed Service Agreement between at the end of this notice. between WPSC and Wisconsin Power & NMPC and Western Power Services, Inc. Light Company. The Agreement 13. PacifiCorp (Western). This Service Agreement provides for transmission service under specifies that Western has signed on to [Docket No. ER97–76–000] the Open Access Transmission Service and has agreed to the terms and Take notice that on October 8, 1996, Tariff, FERC Original Volume No. 11. conditions of NMPC’s Power Sales PacifiCorp, tendered for filing in WPSC also filed a refund compliance Tariff designated as NMPC’s FERC accordance with 18 CFR Part 35 of the report. Electric Tariff, Original Volume No. 2. Commission’s Rules and Regulations, Comment date: October 30, 1996, in This Tariff, approved by FERC on April Service Agreements with AIG Trading accordance with Standard Paragraph E 15, 1994, and which has an effective Corporation and Citizens Lehman Power at the end of this notice. date of March 13, 1993, will allow Sales under, PacifiCorp’s FERC Electric 16. Arizona Public Service Company NMPC and Western to enter into Tariff, Original Volume No. 11. separately scheduled transactions under Copies of this filing were supplied to [Docket No. ER97–79–000] which NMPC will sell to Western the Washington Utilities and Take notice that on October 8, 1996, capacity and/or energy as the parties Transportation Commission and the Arizona Public Service Company (APS), may mutually agree. Public Utility Commission of Oregon. tendered for filing a Service Agreement In its filing letter, NMPC also A copy of this filing may be obtained to provide Non-Firm Point-to-Point included a Certificate of Concurrence from PacifiCorp’s Regulatory Transmission Service to AIG Trading executed by the Purchaser. Administration Department’s Bulletin Corporation under APS’ Open Access NMPC requests an effective date of Board System through a personal Transmission Tariff filed in Compliance September 20, 1996. NMPC has computer by calling (503) 464–6122 with FERC Order No. 888. requested waiver of the notice (9600 baud, 8 bits, no parity, 1 stop bit). A copy of this filing has been served requirements for good cause shown. Comment date: October 30, 1996, in on the above listed party and the NMPC is serving copies of the filing accordance with Standard Paragraph E Arizona Corporation Commission. APS upon the New York State Public Service at the end of this notice. requests that the Service Agreement Commission and Western. become effective September 11, 1996. 14. Niagara Mohawk Power Comment date: October 30, 1996, in Comment date: October 30, 1996, in Corporation accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. [Docket No. ER97–77–000] at the end of this notice. 11. Great Bay Power Corporation Take notice that on October 7, 1996, 17. Carolina Power & Light Company Niagara Mohawk Power Corporation [Docket No. ER97–73–000] (NMPC), tendered for filing with the [Docket No. ER97–80–000] Take notice that on October 7, 1996, Federal Energy Regulatory Commission, Take notice that on October 8, 1996, Great Bay Power Corporation (Great an executed Transmission Service Carolina Power & Light Company Bay), tendered for filing two service Agreement between NMPC and Energy (CP&L), tendered for filing separate agreements between Central Maine Transfer Group, L.L.C. This Service Agreements for Non-Firm Point- Power Company and Great Bay and Transmission Service Agreement to-Point Transmission Service executed Massachusetts Municipal Wholesale specifies that Energy Transfer Group, between CP&L and the following Electric Company and Great Bay for L.L.C. has signed on to and has agreed Eligible Transmission Customer, Delhi service under Great Bay’s revised Tariff to the terms and conditions of NMPC’s Energy Services, Inc. Service to each for Short Term Sales. This Tariff was Open Access Transmission Tariff as Eligible Customer will be in accordance accepted for filing by the Commission filed in Docket No. OA96–194–000. This with the terms and conditions of on May 17, 1996, in Docket No. ER96– Tariff, filed with FERC on July 2, 1996, Carolina Power & Light Company’s 726–000. The service agreements are will allow NMPC and Energy Transfer Open Access Transmission Tariff. proposed to be effective October 1, Group, L.L.C. to enter into separately Copies of the filing were served upon 1996. scheduled transactions under which the North Carolina Utilities Commission Comment date: October 30, 1996, in NMPC will provide transmission service and the South Carolina Public Service accordance with Standard Paragraph E for Energy Transfer Group, L.L.C. as the Commission. at the end of this notice. parties may mutually agree. Comment date: October 30, 1996, in NMPC requests an effective date of accordance with Standard Paragraph E 12. Entergy Services, Inc. August 27, 1996. NMPC has requested at the end of this notice. [Docket No. ER97–74–000] waiver of the notice requirements for 18. Allegheny Power Service good cause shown. Take notice that on October 7, 1996, Corporation, on behalf of Monongahela NMPC has served copies of the filing Entergy Services, Inc. (Entergy Power Company, The Potomac Edison upon the New York State Public Service Services), acting as agent for Entergy Company and West Penn Power Commission and Energy Transfer Gulf States, Inc., Entergy Mississippi, Company (Allegheny Power) Inc., Entergy Arkansas, Inc., Entergy Group, L.L.C. Louisiana, Inc., and Entergy New Comment date: October 30, 1996, in [Docket No. ER97–81–000] Orleans, Inc. (Entergy Operating accordance with Standard Paragraph E Take notice that on October 8, 1996, Companies) tendered for filing the First at the end of this notice. Allegheny Power Service Corporation Amendment to the Non-Firm 15. Wisconsin Public Service on behalf of Monongahela Power Transmission Service Agreement Corporation Company, The Potomac Edison between Entergy Services and Pan Company and West Penn Power Energy Power Services, Inc. Entergy [Docket No. ER97–78–000] Company (Allegheny Power) filed Services requests an effective date of Take notice that on October 7, 1996, Supplement No. 14 to add two (2) new September 9, 1996. Wisconsin Public Service Corporation Customers to the Standard Generation Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 54997

Service Rate Schedule under which referenced docket on September 12, Lykens, Environmental Project Manager, Allegheny Power offers standard 1996, concerning Supplement No. 12 to at (202) 208–0766. generation and emergency service on an its Standard Generation Service Rate Kevin P. Madden, hourly, daily, weekly, monthly or yearly Schedule. If the extension is granted, Director, Office of Pipeline Regulation. basis. Allegheny Power requests a Allegheny Power will file on November [FR Doc. 96–27143 Filed 10–22–96; 8:45 am] waiver of notice requirements to make 11, 1996, a modified Standard BILLING CODE 6717±01±M service available as of October 9, 1996, Generation Service Rate Schedule to National Gas & Electric L.P. and reflecting current corporate functional VTEC Energy, Inc. unbundling practices. [Project No. 10813±011] Copies of the filing have been Copies of the filing have been provided to the Public Utilities provided to the Public Utilities City of Summersville; Notice of Commission of Ohio, the Pennsylvania Commission of Ohio, the Pennsylvania Availability of Final Environmental Public Utility Commission, the Public Utility Commission, the Assessment Maryland Public Service Commission, Maryland Public Service Commission, October 17, 1996. the Virginia State Corporation the Virginia State Corporation A final environmental assessment Commission, the West Virginia Public Commission, the West Virginia Public (FEA) is available for public review. The Service Commission, and all parties of Service Commission, and all parties of FEA is for an application an amendment record. record. to the license for the Summersville Comment date: October 30, 1996, in Comment date: October 30, 1996, in Hydroelectric Project (FERC No. 10813) accordance with Standard Paragraph E accordance with Standard Paragraph E to: (1) substitute two turbine/generator at the end of this notice. at the end of this notice. units for the four units in the license; (2) 19. Baltimore Gas and Electric Standard Paragraph revise the project boundary to include Company 9.9 miles of new transmission line in E. Any person desiring to be heard or place of the licensed 8-mile [Docket No. ER97–82–000] to protest said filing should file a transmission line; and (3) delete license Take notice that on October 8, 1996, motion to intervene or protest with the article 303. The project is located on the Baltimore Gas and Electric Company Federal Energy Regulatory Commission, Gauley River in Nicholas County, West (BGE), filed Service Agreements with: 888 First Street, N.E., Washington, D.C. Virginia. The FEA finds that approval of CNG Power Service Corporation, dated 20426, in accordance with Rules 211 the application would not constitute a July 8, 1996; Western Power Services, and 214 of the Commission’s Rules of major federal action significantly Inc., dated July 19, 1996; Vastar Power Practice and Procedure (18 CFR 385.211 affecting the quality of the human Marketing, Inc., dated July 26, 1996; Pan and 18 CFR 385.214). All such motions environment. Energy Power Services, Inc., dated or protests should be filed on or before The FEA was written by staff in the August 26, 1996; The Cincinnati Gas & the comment date. Protests will be Office of Hydropower Licensing, Electric Company and PSI Energy, Inc., considered by the Commission in Federal Energy Regulatory Commission. dated August 26, 1996; Enron Power determining the appropriate action to be Copies of the EA can be viewed at the Marketing, Inc.; dated September 3, taken, but will not serve to make Commission’s Reference and 1996; and National Gas & Electric L.P., protestants parties to the proceeding. Information Center, Room 1C–1, 888 dated September 3, 1996, under BGE’s Any person wishing to become a party First Street, N.E., Washington, D.C., FERC Electric Tariff Original Volume must file a motion to intervene. Copies 20426. Copies can also be obtained by No. 3 (Tariff). Under the tendered of this filing are on file with the calling the project manager, Heather Service Agreements, BGE agrees to Commission and are available for public Campbell at (202) 219–3097. inspection. provide services to the parties to the Lois D. Cashell, Lois D. Cashell, Service Agreements under the Secretary. Secretary. provisions of the Tariff. BGE requests an [FR Doc. 96–27105 Filed 10–22–96; 8:45 am] effective date of September 8, 1996 for [FR Doc. 96–27097 Filed 10–22–96; 8:45 am] BILLING CODE 6717±01±M the Service Agreements. BGE states that BILLING CODE 6717±01±P a copy of the filing was served upon the Public Service Commission of ENVIRONMENTAL PROTECTION Maryland. [Docket No. CP96±153±000] AGENCY Comment date: October 30, 1996, in Southern Natural Gas Company; accordance with Standard Paragraph E Environmental Site Visit for the [FRL 5638±8] at the end of this notice. Proposed North Alabama Pipeline Agency Information Collection 20. Allegheny Power Service Project Activities: Submission for OMB Corporation, on behalf of Monongahela October 17, 1996. Review; Comment Request; Power Company, The Potomac Edison On October 23, 1996, the Office of Construction Grants Delegation to Company, West Penn Power Company States (Allegheny Power) Pipeline Regulation staff will conduct an environmental site visit with affected AGENCY: Environmental Protection [Docket No. ER97–83–000] landowners of the North Alabama Agency (EPA). Take notice that on October 8, 1996, Pipeline Project of the locations related ACTION: Notice. Allegheny Power Service Corporation to the facilities proposed in Walker and on behalf of Monongahela Power Tuscaloosa Counties, Alabama. All SUMMARY: In compliance with the Company, The Potomac Edison interested parties may attend. Those Paperwork Reduction Act (44 U.S.C. Company and West Penn Power planning to attend must provide their 3501 et seq.), this notice announces that Company (Allegheny Power) filed a own transportation. the following Information Collection Request for Extension to respond to a Information about the proposed Request (ICR) has been forwarded to the Commission order issued in the above- project is available from Ms. Alisa Office of Management and Budget 54998 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

(OMB) for review and approval: discussed in this ICR. The builders of Budget, Attention: Desk Officer for Construction Grants Delegation to these plants assess and use the EPA, 725 17th Street, NW., States; OMB No. 2040–0095; approved information in the Innovative/ Washington, DC 20503. for use through 12/31/96. The ICR Alternative Technology Data Base File Dated: October 17, 1996. to obtain technical information on describes the nature of the information Richard T. Westlund, collection and its expected burden and innovative or alternative wastewater treatment systems. An agency may not Acting Director, Regulatory Information cost; where appropriate, it includes the Division. actual data collection instrument. conduct or sponsor, and a person is not [FR Doc. 96–27155 Filed 10–22–96; 8:45 am] DATES: Comments must be submitted on required to respond to, a collection of BILLING CODE 6560±50±P or before November 22, 1996. information unless it displays a FOR FURTHER INFORMATION OR A COPY currently valid OMB control number. CALL: Sandy Farmer at EPA, (202) 260– The OMB control numbers for EPA’s [FRL±5639±1] 2740, and refer to EPA ICR No. 0909.05. regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. The Federal Agency Information Collection SUPPLEMENTARY INFORMATION: Register Notice required under 5 CFR Activities Under OMB Review Title: Construction Grants Delegation 1320.8(d), soliciting comments on this to States; OMB No. 2040–0095; EPA ICR collection of information was published AGENCY: Environmental Protection No. ICR 0909.05. This is a request for on 8/7/96 (61 FR 153); no comments Agency (EPA). extension of a currently approved were received. ACTION: Notice. collection. Burden Statement: The annual public Abstract: The purpose of this ICR is to reporting and recordkeeping burden for SUMMARY: This notice announces the revise and extend the current clearance this collection of information is Office of Management and Budget’s for the collection of information under estimated to average 58 hours per (OMB) responses to Agency clearance the Construction Grants Program response. Burden means the total time, requests, in compliance with the Delegation to States, 40 CFR part 35, effort, or financial resources expended Paperwork Reduction Act (44 U.S.C. subpart J, and Title II of the Clean Water by persons to generate, maintain, retain, 3501 et, seq.). An agency may not Act (CWA). While the Construction or disclose or provide information to or conduct or sponsor, and a person is not Grants Program is being phased out and for a Federal agency. This includes the required to respond to, a collection of replaced by the State Revolving Loan time needed to review instructions; information unless it displays a Fund (SRF) program, collection develop, acquire, install, and utilize currently valid OMB control number. activities for the Construction Grants technology and systems for the purpose The OMB control numbers for EPA’s Program must continue until program of collecting, validating, and verifying regulations are listed in 40 CFR Part 9 completion. The program includes information, processing and and 48 CFR Chapter 15. reporting, monitoring and program maintaining information, and disclosing FOR FURTHER INFORMATION CONTACT: requirements for municipalities and and providing information; adjust the Sandy Farmer (202) 260–2740, please delegated States. existing ways to comply with any refer to the appropriate EPA Information The information collection activities previously applicable instructions and Collection Request (ICR) Number. described in this ICR are authorized requirements; train personnel to be able SUPPLEMENTAL INFORMATION: under Sections 205(g) and 518(e) of the to respond to a collection of Clean Water Act as amended, 33 U.S.C. information; search data sources; OMB Responses to Agency Clearance 1251 et seq, and under 40 CFR part 35, complete and review the collection of Requests subpart J. The requested information information; and transmit or otherwise OMB Approvals provides the minimum data necessary disclose the information. for the Federal government to maintain Respondents/Affected Entities: States EPA ICR No. 0220.07; Clean Water appropriate fiscal accountability for use and municipalities. Act Section 404 State-Assumed of Section 205(g) construction grant Estimated Number of Respondents: Programs; was approved 10/09/96; OMB funds. The information is also needed to 44. No. 2040–0168; expires 10/31/99. assure adequate management overview Frequency of Response: 137 per year. EPA ICR No. 1427.05; National of those State project review activities Estimated Total Annual Hour Burden: Pollutant Discharge Elimination System that are most important to fiscal and 8,457 hours. (NPDES), Compliance Assessment/ project integrity, design performance, Estimated Total Annualized Cost Certification Information; was approved Federal budget control, and attainment Burden: $284,747. 09/23/96; OMB No. 2040–0110; expires of national goals. Send comments on the Agency’s need 09/30/99. Managers at the State and Federal for this information, the accuracy of the EPA ICR No. 0261.12; Notification of levels both rely on the information provided burden estimates, and any Regulated Waste Activity; was approved described in this ICR. State managers suggested methods for minimizing 10/09/96; OMB No. 2050–0028; expires rely on the information for their own respondent burden, including through 10/31/99. program and project administration. the use of automated collection EPA ICR No. 1704.03; Alternate Federal managers rely on this techniques to the following addresses. Threshold for Low Annual Reportable information to assess, control, and Please refer to EPA ICR No. 0909.05 and Amounts, Toxic Chemical Release predict the impacts of the construction OMB Control No. 2040–0095 in any Reporting; was approved 10/01/96; grants program on the Federal Treasury correspondence. OMB No. 2070–0143; expires 05/31/98. and future budget requirements. Federal Ms. Sandy Farmer, U.S. Environmental EPA ICR No. 0616.06; Compliance managers also use this information to Protection Agency, OPPE Regulatory Requirements for the Child-Resistant respond to OMB and Congressional Information Division (2137), 401 M Packaging Act; was approved 10/01/96; requests and to maintain fiscal Street, SW., Washington, DC 20460 OMB No. 2070–0052; expires 10/31/99. accountability. and EPA ICR No. 0783.35; Reporting and In addition, builders of wastewater Office of Information and Regulatory Recordkeeping Requirements for On- treatment plants use the information Affairs, Office of Management and Road Heavy-Duty Engine NoX, PM and Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 54999

HC. Emission Standards and Durability; information collections pursuant to the Form No.: N/A. was approved 10/02/96; OMB No. 2060– Paperwork Reduction Act of 1995, Estimated Annual Burden: 140,419 0104; expires 08/31/98. Public Law 104–13. An agency may not total annual hours; 2988 hours per EPA ICR No. 1655.03; Gasoline conduct or sponsor and a person is not respondent (avg.); 47 respondents. Detergents Certification Program (Final required to respond to a collection of Estimated Annual Reporting and Rule); was approved 10/02/96; OMB No. information unless it displays a Recordkeeping Cost Burden: $632,500. 2060–0275; expires 10/31/99. currently valid control number. Description: OMB approved the EPA ICR No. 1178.04; NSPS for FOR FURTHER INFORMATION CONTACT: requirements contained in the Notice of Synthetic Organic Chemical Shoko B. Hair, Federal Communications Proposed Rulemaking (NPRM) issued in Manufacturing Industry (SOCMI) Commission, (202) 418–1379. CC Docket No. 96–150. In the NPRM, Reactor Processes—Subpart RRR; was the Commission considered rules to approved 09/30/96; OMB No. 2060– Federal Communications Commission implement the accounting safeguards 0269; expires 09/30/99. OMB Control No.: 3060–0687 provisions of Sections 260 and 271 EPA ICR No. 0994.06; Beach Closing through 276 of the Telecommunications Survey Report on the Great Lakes; was Expiration Date: 02/28/99. Act of 1996. These provisions relate to approved 09/30/96; OMB No. 2090– Title: Access to Telecommunications the carriers entry into the following 0003; expires 09/30/99. Equipment and Services by Persons services: interLATA EPA ICR No. 0801.11; Requirements with Disabilities, CC Docket No. 87–124. telecommunications and information for Generators, Transporters, and Waste Form No.: N/A. services, telecommunications Management Facilities under the Estimated Annual Burden: 1,635,000 equipment and customer premises Hazardous Waste Manifest System; was total annual hours; 2 hours per equipment manufacturing, electronic approved 09/30/96; OMB No. 2050– respondent (avg.); 806,100 respondents. publishing, alarm monitoring services 0039; expires 09/30/99. Estimated Annual Reporting and and payphone service. The NPRM Recordkeeping Cost Burden: $638,500. OMB Extension of Expiration Date sought comment on certain reporting Description: In CC Docket No. 87–124, requirements to implement the EPA ICR No. 1086.03; NSPS for the Commission adopted rules that, accounting safeguards provisions of Onshore Natural Gas Processing Plants, among other things, require telephones Sections 260 and 271 through 276 of the Equipment Leaks of VOC, and with electro-magnetic coil hearing aid 1996 Act. Emissions of SO2; Reporting and compatibility to be stamped with the Recordkeeping for Subparts KKK/LLL; letters HAC. Section 68.112(b)(3)(E) OMB Control No.: 3060–0736 expiration date was extended to 12/31/ requires that employees with fifteen or Expiration Date: 09/30/99. 96. more employees provide emergency Title: Implementation of the Non- telephones for use by employees with OMB Disapproval Accounting Safeguards of Sections 271 hearing disabilities and that the and 272 of the Communication Act of EPA ICR No. 1230.07; Proposed employers ‘‘designate’’ such telephones 1934, as amended—CC Docket No. 96– Revisions to Prevention of Significant for emergency use. Section 68.224(a) 149. Deterioration and Nonattainment Area requires a notice to be contained on the Form No.: N/A. New Source Review; was disapproved surface of the packaging of a non- Estimated Annual Burden: 555 total by OMB 09/30/96. hearing aid compatible telephone that annual hours; 111 hours per respondent EPA Withdrawals the telephone is not hearing aid (avg.); 5 respondents. compatible. Estimated Annual Reporting and EPA ICR No. 0818.06; Hazardous OMB Control No.: 3060–0400 Recordkeeping Cost Burden: $0. Waste Industry Studies Information Description: OMB approved the Collection Request; OMB No. 2050– Expiration Date: 09/30/99. requirements contained in the Notice of 0042; was withdrawn by EPA 07/31/96. Title: Tariff Review Plan. Proposed Rulemaking (NPRM) issued in EPA ICR No. 1552.03; Pretesting and Form No.: N/A. CC Docket No. 96–149. In the NPRM, Evaluation of Risk Communication Estimated Annual Burden: 3,172 total the Commission solicited comment on Activities; OMB No. 2010–0022; was annual hours; 61 hour per respondent several collections of information withdrawn by EPA 08/15/96. (avg.); 52 respondents. including network disclosure, Dated: October 17, 1996. Estimated Annual Reporting and installation and maintenance reporting, Richard Westlund, Recordkeeping Cost Burden: $0. procurement procedures, Acting Director, Regulatory Information Description: Certain local exchange nondiscriminatory information Division. carriers are required annually to submit provisions, and third party reporting, [FR Doc. 96–27154 Filed 10–22–96; 8:45 am] Tariff Review Plan in partial fulfillment compliance monitoring and other BILLING CODE 6560±50±M of cost support material required by 47 information collection requirements. All CFR Part 61. The information is used by of the collections are to be used to FCC and the public to determine the ensure that Bell Operating Companies FEDERAL COMMUNICATIONS justness and reasonableness of rates, comply with the nondiscrimination COMMISSION terms and conditions in tariffs as requirements under the required by the Communications Act of Telecommunications Act of 1996. 1934, as amended. Public Information Collections OMB Control No.: 3060–0738 Approved by Office of Management OMB Control No.: 3060–0734 and Budget Expiration Date: 09/30/99. Expiration Date: 09/30/99. Title: Implementation of the October 9, 1996. Title: Implementation of the Telecommunications Act of 1996: The Federal Communications Telecommunications Act of 1996: Telemessaging, Electronic Publishing, Commission (FCC) has received Office Accounting Safeguards Under the and Alarm Monitoring Services—CC of Management and Budget (OMB) Telecommunications Act of 1996—CC Docket No. 96–152. approval for the following public Docket No. 96–150. Form No.: N/A. 55000 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

Estimated Annual Burden: 88,200 Comparably Efficient Interconnection STATUS: Closed. total annual hours; 63 hours per (CEI) plans describing how they intend MATTER(S) TO BE CONSIDERED: 1. Docket respondent (avg.); 1400 respondents. to comply with CEI equal acccess No. 90–08—Military Sealift Command Estimated Annual Reporting and parameters with regard to payphones. v. Sea-Land Service, Inc., et al.— Recordkeeping Cost Burden: $0. This will ensure that the BOCs do not Consideration of the Record. Description: OMB approved the discriminate in favor of its own CONTACT PERSON FOR MORE INFORMATION: requirements contained in the Notice of payphones. Joseph C. Polking, Secretary, (202) 523– Proposed Rulemaking (Notice) issued in OMB Control No.: 3060–0725 5725. CC Docket No. 96–152. In the Notice, Joseph C. Polking, the Commission sought comment on, Expiration Date: 08/31/99. Secretary. among other things, whether Title: Annual Filing of nondiscrimination safeguards under the Nondiscrimination Reports (on Quality [FR Doc. 96–27255 Filed 10–18–96; 5:11 pm] Computer III regulatory regime and of Service, Installation, and BILLING CODE 6730±01±M Open Network Architecture (‘‘ONA’’) Maintenance) by Bell Operating are consistent with the Companies. nondiscrimination requirements of Form No.: N/A. FEDERAL RESERVE SYSTEM Sections 260 and 275 of the Estimated Annual Burden: 350 total Change in Bank Control Notices; Telecommunications Act of 1996 annual hours; 50 hours per respondent Acquisitions of Shares of Banks or relating to provision by incumbent LECs (avg.); 7 respondents. Bank Holding Companies of telemessaging and alarm monitoring, Estimated Annual Reporting and and Section 274, relating to BOC Recordkeeping Cost Burden: $0. The notificants listed below have provision of electronic publishing. The Description: Bell Operating applied under the Change in Bank Notice sought comment on the Companies (BOCs) must submit non- Control Act (12 U.S.C. 1817(j)) and § following requirements: installation and discrimination report with regard to 225.41 of the Board’s Regulation Y (12 maintenance reporting, network payphones. This will prevent BOCs CFR 225.41) to acquire a bank or bank disclosure, annual report, and a from discriminating in favor of their holding company. The factors that are biannual tariff report. All the own payphones. considered in acting on the notices are requirements are to be used to ensure set forth in paragraph 7 of the Act (12 OMB Control No.: 3060–0701 that incumbent LECs comply with the U.S.C. 1817(j)(7)). nondiscrimination requirements under Expiration Date: 05/31/99. The notices are available for Sections 260 and 275 of the 1996 Act, Title: Revision of Filing immediate inspection at the Federal and that BOCs comply with the Requirements—CC Docket No. 96–23. Reserve Bank indicated. Once the nondiscrimination requirements of Form No.: FCC Form 492. notices have been accepted for Section 274. Estimated Annual Burden: 45,686 processing, they will also be available total annual hours; 387 hours per for inspection at the offices of the Board OMB Control No.: 3060–0720 respondent (avg.); 118 respondents. of Governors. Interested persons may Expiration Date: 09/30/99. Estimated Annual Reporting and express their views in writing to the Title: Report of Bell Operating Recordkeeping Cost Burden: $0. Reserve Bank indicated for that notice Companies of Modified Comparably Description: OMB approved the or to the offices of the Board of Efficient Interconnection Plans. Commission’s proposal in CC Docket Governors. Comments must be received Form No.: N/A. No. 96–23 to eliminate certain reporting not later than November 6, 1996. Estimated Annual Burden: 42 total requirements and to reduce the A. Federal Reserve Bank of Atlanta annual hours; 6 hours per respondent frequency of other reporting (Zane R. Kelley, Vice President) 104 (avg.); 7 respondents. requirements. These reporting Marietta Street, N.W., Atlanta, Georgia Estimated Annual Reporting and requirements are variously applicable to 30303: Recordkeeping Cost Burden: $0. interexchange carriers, Bell Operating 1. Gary Najeeb Solomon and Martha Description: Bell Operating Companies, other local telephone Newman Solomon, New Orleans, Companies (BOC) must submit initial companies, and record carriers. The Louisiana; to acquire an additional Comparably Efficient Interconnection actions will improve the quality of 21.62 percent, for a total of 43.25 (CEI) plans describing how they intend information available to the percent, of the voting shares of CB&T to comply with CEI equal access Commission, while at the same time Holding Corporation, New Orleans, parameters with regard to payphones. reducing the reporting burden imposed Louisiana, and thereby indirectly This will ensure that the BOCs do not on carriers. acquire Crescent Bank & Trust, New discriminate in favor of its own Orleans, Louisiana. Federal Communications Commission. payphones. Board of Governors of the Federal Reserve William F. Caton, System, October 17, 1996. OMB Control No.: 3060–0722 Acting Secretary. Jennifer J. Johnson, Expiration Date: 08/31/99. [FR Doc. 96–27137 Filed 10–22–96; 8:45 am] Deputy Secretary of the Board. Title: Initial Report of Bell Operating BILLING CODE 6712±01±P [FR Doc. 96–27113 Filed 10-22-96; 8:45 am] Companies of Comparably Efficient Interconnect Plans. BILLING CODE 6210-01-F Form No.: N/A. FEDERAL MARITIME COMMISSION Estimated Annual Burden: 350 total Formations of, Acquisitions by, and annual hours; 50 hours per respondent Sunshine Act Meeting Notice Mergers of Bank Holding Companies (avg.); 7 respondents. Estimated Annual Reporting and TIME AND DATE: 10:00 a.m.—November 6, The companies listed in this notice Recordkeeping Cost Burden: $0. 1996. have applied to the Board for approval, Description: Bell Operating PLACE: Hearing Room One—800 North pursuant to the Bank Holding Company Companies (‘‘BOCs) must submit initial Capitol Street, N.W., Washington, D.C. Act of 1956 (12 U.S.C. 1841 et seq.) Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55001

(BHC Act), Regulation Y (12 CFR Part indirectly acquire First Bank and Trust, or the offices of the Board of Governors 225), and all other applicable statutes Menomonie, Wisconsin. not later than November 6, 1996. and regulations to become a bank 2. Norwest Corporation, Minneapolis, A. Federal Reserve Bank of holding company and/or to acquire the Minnesota; to acquire 100 percent of the Minneapolis (Karen L. Grandstrand, assets or the ownership of, control of, or voting shares of West Columbia Vice President) 250 Marquette Avenue, the power to vote shares of a bank or National Bank, West Columbia, Texas. Minneapolis, Minnesota 55480: bank holding company and all of the Board of Governors of the Federal Reserve 1. Capitol Bancorporation, Inc., banks and nonbanking companies System, October 17, 1996. Britton, South Dakota; to engage de novo owned by the bank holding company, Jennifer J. Johnson in lending activities, pursuant to § including the companies listed below. Deputy Secretary of the Board 225.25(b)(1) of the Board’s Regulation Y. The applications listed below, as well 2. Fulda Bancorporation, Inc., Britton, [FR Doc. 96–27112 Filed 10-22-96; 8:45 am] South Dakota; to engage de novo in as other related filings required by the BILLING CODE 6210-01-F Board, are available for immediate lending activities, pursuant to § inspection at the Federal Reserve Bank 225.25(b)(1) of the Board’s Regulation Y. indicated. Once the application has Notice of Proposals to Engage in Board of Governors of the Federal Reserve been accepted for processing, it will also Permissible Nonbanking Activities or System, October 17, 1996. be available for inspection at the offices To Acquire Companies That are Jennifer J. Johnson of the Board of Governors. Interested Engaged in Permissible Nonbanking Deputy Secretary of the Board persons may express their views in Activities [FR Doc. 96–27111 Filed 10-22-96; 8:45 am] writing on the standards enumerated in BILLING CODE 6210-01-F the BHC Act (12 U.S.C. 1842(c)). If the The companies listed in this notice proposal also involves the acquisition of have given notice under section 4 of the a nonbanking company, the review also Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation DEPARTMENT OF HEALTH AND includes whether the acquisition of the HUMAN SERVICES nonbanking company complies with the Y, (12 CFR Part 225) to engage de novo, or to acquire or control voting securities standards in section 4 of the BHC Act, Centers for Disease Control and or assets of a company that engages including whether the acquisition of the Prevention nonbanking company can ‘‘reasonably either directly or through a subsidiary or other company, in a nonbanking activity be expected to produce benefits to the Advisory Committee for Energy- that is listed in § 225.25 of Regulation public, such as greater convenience, Related Epidemiologic Research: Y (12 CFR 225.25) or that the Board has increased competition, or gains in Meeting determined by Order to be closely efficiency, that outweigh possible related to banking and permissible for In accordance with section 10(a)(2) of adverse effects, such as undue bank holding companies. Unless the Federal Advisory Committee Act concentration of resources, decreased or otherwise noted, these activities will be (Pub. L. 92–463), the Centers for Disease unfair competition, conflicts of conducted throughout the United States. Control and Prevention (CDC) interests, or unsound banking practices’’ Each notice is available for inspection announces the following committee (12 U.S.C. 1843). Any request for a at the Federal Reserve Bank indicated. meeting. hearing must be accompanied by a Once the notice has been accepted for Name: Advisory Committee for Energy- statement of the reasons a written processing, it will also be available for presentation would not suffice in lieu of Related Epidemiologic Research. inspection at the offices of the Board of Times and Dates: 9 a.m.–5 p.m., November a hearing, identifying specifically any Governors. Interested persons may 7, 1996. 9 a.m.–12 noon, November 8, 1996. questions of fact that are in dispute, express their views in writing on the Place: Radisson Barcelo Hotel, 2121 P summarizing the evidence that would question whether the proposal complies Street NW., Washington, DC 20037, be presented at a hearing, and indicating with the standards of section 4 of the telephone 202/293–3100, FAX 202/857– how the party commenting would be BHC Act, including whether 0134. aggrieved by approval of the proposal. consummation of the proposal can Status: Open to the public, limited only by the space available. The meeting room Unless otherwise noted, nonbanking ‘‘reasonably be expected to produce activities will be conducted throughout accommodates approximately 50 people. benefits to the public, such as greater Purpose: This committee is charged with the United States. convenience, increased competition, or providing advice and recommendations to Unless otherwise noted, comments gains in efficiency, that outweigh the Secretary of Health and Human Services regarding each of these applications possible adverse effects, such as undue (HHS); the Assistant Secretary for Health; the must be received at the Reserve Bank concentration of resources, decreased or Director, CDC; and the Administrator, indicated or the offices of the Board of unfair competition, conflicts of Agency for Toxic Substances and Disease Governors not later than November 15, interests, or unsound banking practices’’ Registry (ATSDR), on the establishment of a research agenda and the conduct of a 1996. (12 U.S.C. 1843). Any request for a A. Federal Reserve Bank of research program pertaining to energy-related hearing on this question must be analytic epidemiologic studies. The Minneapolis (Karen L. Grandstrand, accompanied by a statement of the Committee will take into consideration Vice President) 250 Marquette Avenue, reasons a written presentation would information and proposals provided by the Minneapolis, Minnesota 55480: not suffice in lieu of a hearing, Advisory Committee for Environment, Safety, 1. Menomonie Financial Services Inc., identifying specifically any questions of and Health which was established by the Retirement Plan, Menomonie, fact that are in dispute, summarizing the Department of Energy (DOE) under the Wisconsin; to become a bank holding evidence that would be presented at a guidelines of a Memorandum of company by acquiring an additional 19 Understanding between HHS and DOE, and hearing, and indicating how the party other agencies and organizations, regarding percent, for a total of 25.67 percent of commenting would be aggrieved by the direction HHS should take in establishing the voting shares of Menomonie Shares, approval of the proposal. the research agenda and in the development Inc., Menomonie, Wisconsin, Unless otherwise noted, comments of a research plan. Menomonie Financial Services, Inc., regarding the applications must be Matters to be Discussed: Agenda items will Menomonie, Wisconsin, and thereby received at the Reserve Bank indicated include: updates on the progress of current 55002 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices studies from the National Center for document at most libraries designated two annual notices relating to the SMI Environmental Health (NCEH), the National as Federal Depository Libraries and at program. Institute for Occupational Safety and Health, many other public and academic One notice announces two amounts and ATSDR; a discussion of Work Group libraries throughout the country that that, according to actuarial estimates, recommendations, and public involvement will equal respectively, one-half the activities. receive the Federal Register. Agenda items are subject to change as This Federal Register document is expected average monthly cost of SMI priorities dictate. also available from the Federal Register for each aged enrollee (age 65 or over) An unavoidable administrative delay online database through GPO Access, a and one-half the expected average prevented meeting the 15-day publication service of the U.S. Government Printing monthly cost of SMI for each disabled requirement. Office. Free public access is available on enrollee (under age 65) during the year Contact Person for More Information: a Wide Area Information Server (WAIS) beginning the following January. These Nadine Dickerson, Program Analyst, through the Internet and via amounts are called ‘‘monthly actuarial Radiation Studies Branch, Division of rates.’’ Environmental Hazards and Health Effects, asynchronous dial-in. Internet users can access the database by using the World The second notice announces the NCEH, CDC, 4770 Buford Highway, NE, (F– monthly SMI premium rate to be paid 35), Atlanta, Georgia 30341–3724, telephone Wide Web; the Superintendent of 770/488–7040, FAX 770/488–7044. Documents home page address is http:/ by aged and disabled enrollees for the year beginning the following January. Dated: October 18, 1996. /www.access.gpo.gov/su—docs/, by using local WAIS client software, or by (Although the costs to the program per Carolyn J. Russell, disabled enrollee are different than for telnet to swais.access.gpo.gov, then Director, Management Analysis and Services the aged, the law provides that they pay login as guest (no password required). Office, Centers for Disease Control and the same premium amount.) Beginning Prevention (CDC). Dial-in users should use with the passage of section 203 of the communications software and modem [FR Doc. 96–27272 Filed 10–22–96; 8:45 am] Social Security Amendments of 1972 to call (202) 512–1661; type swais, then BILLING CODE 4163±18±M (Public Law 92–603), enacted on login as guest (no password required). October 30, 1972, the premium rate, For general information about GPO which was determined on a fiscal year Access, contact the GPO Access User Health Care Financing Administration basis, was limited to the lesser of the Support Team by sending Internet e– [OACT±052±N] actuarial rate for aged enrollees, or the mail to help@eids05.;eids gpo.gov; by current monthly premium rate increased RIN 0938±AH42 faxing to (202) 512–1252; or by calling by the same percentage as the most (202) 512–1530 between 7 a.m. and 5 Medicare Program; Monthly Actuarial recent general increase in monthly title p.m. Eastern time, Monday through II social security benefits. Rates and Monthly Supplementary Friday, except for Federal holidays. Medical Insurance Premium Rate However, the passage of section 124 Beginning January 1, 1997 FOR FURTHER INFORMATION CONTACT: of the Tax Equity and Fiscal Carter S. Warfield, (410) 786–6396. Responsibility Act of 1982 (TEFRA) AGENCY: Health Care Financing (Public Law 97–248), enacted on Administration (HCFA), HHS. SUPPLEMENTARY INFORMATION: September 3, 1982, suspended this ACTION: Notice. I. Background premium determination process. Section 124 of TEFRA changed the SUMMARY: As required by section 1839 The Medicare Supplementary Medical premium basis to 50 percent of the of the Social Security Act, this notice Insurance (SMI) program is the monthly actuarial rate for aged enrollees announces the monthly actuarial rates voluntary Medicare part B program that (that is, 25 percent of program costs for for aged (age 65 or over) and disabled pays all or part of the costs for aged enrollees). Section 606 of the (under age 65) enrollees in the Medicare physicians’ services, outpatient hospital Social Security Amendments of 1983 Supplementary Medical Insurance (SMI) services, home health services, services (Public Law 98–21), enacted on April program for 1997. It also announces the furnished by rural health clinics, 20, 1983; section 2302 of the Deficit monthly SMI premium rate to be paid ambulatory surgical centers, Reduction Act of 1984 (DRA) (Public by all enrollees during 1997. The comprehensive outpatient rehabilitation Law 98–369), enacted on July 18, 1984; monthly actuarial rates for 1997 are facilities, and certain other medical and section 9313 of the Consolidated $87.50 for aged enrollees and $110.40 health services not covered by hospital Omnibus Budget Reconciliation Act of for disabled enrollees. The monthly SMI insurance (Medicare Part A). The SMI 1985 (COBRA 1985) (Public Law 99– premium rate for 1997 is $43.80. program is available to individuals who 272), enacted on April 7, 1986; section EFFECTIVE DATE: January 1, 1997. are entitled to hospital insurance and to 4080 of the Omnibus Budget Copies: To order copies of the Federal U.S. residents who have attained age 65 Reconciliation Act of 1987 (OBRA 1987) Register containing this document, send and are citizens, or aliens who were (Public Law 100–203), enacted on your request to: New Orders, lawfully admitted for permanent December 22, 1987; and section 6301 of Superintendent of Documents, P.O. Box residence and have resided in the the Omnibus Budget Reconciliation Act 371954, Pittsburgh, PA 15250–7954. United States for 5 consecutive years. of 1989 (OBRA 1989) (Public Law 101– Specify the date of the issue requested This program requires enrollment and 239), enacted on December 19, 1989, and enclose a check or money order payment of monthly premiums, as extended the provision that the payable to the Superintendent of provided in 42 CFR part 407, subpart B, premium be based on 50 percent of the Documents, or enclose your Visa or and part 408, respectively. The monthly actuarial rate for aged enrollees Master Card number and expiration difference between the premiums paid (that is, 25 percent of program costs for date. Credit card orders can also be by all enrollees and total incurred costs aged enrollees). This extension expired placed by calling the order desk at (202) is met from the general revenues of the at the end of 1990. 512–1800 or by faxing to (202) 512– Federal government. The premium rate for 1991 through 2250. The cost for each copy is $8. As The Secretary of Health and Human 1995 was legislated by section an alternative, you can view and Services is required by section 1839 of 1839(e)(1)(B) of the Act, as added by photocopy the Federal Register the Social Security Act (the Act) to issue section 4301 of the Omnibus Budget Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55003

Reconciliation Act of 1990 (OBRA 1990) a benefit check for November is not for disabled enrollees under age 65. (Public Law 101–508), enacted on received until December, but has the Section III of this notice gives the November 5, 1990. In January 1996, the December’s SMI premium deducted actuarial assumptions and bases from premium determination basis would from it.) (This change, in effect, which these rates are derived. The have reverted to the method established perpetuates former amendments that monthly premium rate will be $43.80 by the 1972 Social Security Act prohibited SMI premium increases from during 1997. Amendments. However, section 13571 reducing an individual’s benefits in III. Statement of Actuarial Assumptions of the Omnibus Budget Reconciliation years in which the dollar amount of the and Bases Employed in Determining the Act of 1993 (OBRA 1993) (Public Law individual’s cost-of-living increase in Monthly Actuarial Rates and the 103–66), enacted on August 10, 1993, benefits was not at least as great as the Monthly Premium Rate for the changed the premium basis to 50 dollar amount of the individual’s SMI Supplementary Medical Insurance percent of the monthly actuarial rate for premium increase.) Program Beginning January 1997 aged enrollees (that is, 25 percent of Generally, if a beneficiary qualifies for program costs for aged enrollees) for this protection (that is, the beneficiary A. Actuarial Status of the 1996 through 1998. In January 1999, the must have been in current payment Supplementary Medical Insurance Trust premium determination basis will revert status for November and December of Fund to the method established by the 1972 the previous year), the reduced Social Security Act Amendments. premium for the individual for that Under the law, the starting point for determining the monthly premium is As determined according to section January and for each of the succeeding the amount that would be necessary to 1839(a)(3) of the Act, the premium rate 11 months for which he or she is finance the SMI program on an incurred for 1997 is $43.80. entitled to benefits under section 202 or 223 of the Act is the greater of the basis; that is, the amount of income that A further provision affecting the following: would be sufficient to pay for services calculation of the SMI premium is (1) The monthly premium for January furnished during that year (including section 1839(f) of the Act, as amended reduced as necessary to make the associated administrative costs) even by section 211 of the Medicare December monthly benefits, after the though payment for some of these Catastrophic Coverage Act of 1988 deduction of the SMI premium for services will not be made until after the (Public Law 100–360), enacted on July January, at least equal to the preceding close of the year. The portion of income 1, 1988. (The Medicare Catastrophic November’s monthly benefits, after the required to cover benefits not paid until Coverage Repeal Act of 1989 (Public deduction of the SMI premium for after the close of the year is added to the Law 101–234), enacted on December 13, December; or trust fund and used when needed. 1989, did not repeal the revisions to (2) The monthly premium for that The rates are established section 1839(f) made by Public Law individual for that December. 100–360.) Section 1839(f) provides that prospectively and are, therefore, subject In determining the premium to projection error. Additionally, if an individual is entitled to benefits limitations under section 1839(f) of the under section 202 or 223 of the Act (the legislation enacted after the financing Act, the monthly benefits to which an has been established but, effective for Old-Age and Survivors Insurance individual is entitled under section 202 Benefit and the Disability Insurance the period for which the financing has or 223 do not include retroactive been set, may affect program costs. As Benefit, respectively) and has the SMI adjustments or payments and a result, the income to the program may premiums deducted from these benefit deductions on account of work. Also, not equal incurred costs. Therefore, payments, the premium increase will be once the monthly premium amount has trust fund assets should be maintained reduced to avoid causing a decrease in been established under section 1839(f) at a level that is adequate to cover a the individual’s net monthly payment. of the Act, it will not be changed during moderate degree of variation between This occurs if the increase in the the year even if there are retroactive actual and projected costs in addition to individual’s social security benefit due adjustments or payments and the amount of incurred but unpaid to the cost-of-living adjustment under deductions on account of work that expenses. An appropriate level for section 215(i) of the Act is less than the apply to the individual’s monthly assets to cover a moderate degree of increase in the premium. Specifically, benefits. variation between actual and projected the reduction in the premium amount Individuals who have enrolled in the costs depends on numerous factors. The applies if the individual is entitled to SMI program late or have reenrolled most important of these factors are: (1) benefits under section 202 or 223 of the after the termination of a coverage The difference from prior years between Act for November and December of a period are subject to an increased the actual performance of the program particular year and the individual’s SMI premium under section 1839(b) of the and estimates made at the time premiums for December and the Act. That increase is a percentage of the financing was established, and (2) the following January are deducted from the premium and is based on the new expected relationship between incurred respective month’s section 202 or 223 premium rate before any reductions and cash expenditures. Ongoing benefits. (A check for benefits under under section 1839(f) are made. section 202 or 223 is received in the analysis is made of the former as the month following the month for which II. Notice of Monthly Actuarial Rates trends in the differences vary over time. the benefits are due. The SMI premium and Monthly Premium Rate Table 1 summarizes the estimated that is deducted from a particular check The monthly actuarial rates actuarial status of the trust fund as of is the SMI payment for the month in applicable for 1997 are $87.60 for the end of the financing period for 1995 which the check is received. Therefore, enrollees age 65 and over, and $110.40 and 1996. 55004 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

TABLE 1.ÐESTIMATED ACTUARIAL STATUS OF THE SUPPLEMENTARY MEDICAL INSURANCE TRUST FUND AS OF THE END OF THE FINANCING PERIOD [In billions of dollars]

Assets Financing period ending Assets Liabilities less liabilities

Dec. 31, 1995 ...... $20.023 $2.726 $17.297 Dec. 31, 1996 ...... 25.078 3.596 21.482

B. Monthly Actuarial Rate for Enrollees the amount of incurred but unpaid future costs are outpatient hospital Age 65 and Older expenses and to provide for a moderate costs, physician residual (as defined in The monthly actuarial rate for degree of variation between actual and Table 2), and increases in physician fees enrollees age 65 and older is one-half of projected costs. Thus, a negative as governed by the program’s physician the monthly projected cost of benefits contingency margin is needed to reduce fee schedule that began implementation and administrative expenses for each assets to a more appropriate level. January 1, 1992. Two alternative sets of assumptions and the results of those enrollee age 65 and older, adjusted to C. Monthly Actuarial Rate for Disabled assumptions are shown in Table 5. One allow for interest earnings on assets in Enrollees the trust fund and a contingency set represents increases that are lower margin. The contingency margin is an Disabled enrollees are those persons and is, therefore, more optimistic than amount appropriate to provide for a enrolled in SMI because of entitlement the current estimate. The other set moderate degree of variation between (before age 65) to disability benefits for represents increases that are higher and actual and projected costs and to more than 24 months or because of is, therefore, more pessimistic than the amortize any surplus or unfunded entitlement to Medicare under the end- current version. The values for the liabilities. stage renal disease program. Projected alternative assumptions were The monthly actuarial rate for monthly costs for disabled enrollees determined by studying the average enrollees age 65 and older for 1997 was (other than those suffering from end- historical variation between actual and determined by first establishing per- stage renal disease) are prepared in a projected increases in the respective enrollee cost by type of service from fashion exactly parallel to the projection increase factors. All assumptions not program data through 1994 and then for the aged, using appropriate actuarial shown in Table 5 are the same as in projecting these costs for subsequent assumptions (see Table 2). Costs for the Table 2. years. Although the actuarial rates are end-stage renal disease program are Table 5 indicates that, under the now applicable for calendar years, projected differently because of the assumptions used in preparing this projections of per-enrollee costs were different nature of services offered by report, the monthly actuarial rates determined on a July to June period, the program. The combined results for would result in an excess of assets over consistent with the July annual fee all disabled enrollees are shown in liabilities of $21.453 billion by the end screen update used for benefits before Table 4. of December 1997. This amounts to 24.2 the passage of section 2306(b) of Public The projected monthly rate required percent of the estimated total incurred Law 98–369. to pay for one-half of the total of expenditures for the following year. Accordingly, the values for the 12- benefits and administrative costs for Assumptions that are somewhat more month period ending June 30, 1994 disabled enrollees for 1997 is $110.28. pessimistic (and, therefore, test the were established from program data, The monthly actuarial rate of $110.40 adequacy of the assets to accommodate and subsequent periods were projected provides an adjustment of ¥$0.82 for projection errors) produce a surplus of using a combination of program data interest earnings and $0.94 for a $7.538 billion by the end of December and data from external sources. The contingency margin. Based on current 1997, which amounts to 7.7 percent of projection factors used are shown in estimates, it appears that assets alone the estimated total incurred Table 2. Those per-enrollee values are are not sufficient to cover the amount of expenditures for the following year. then adjusted to apply to a calendar year incurred but unpaid expenses and to Under fairly optimistic assumptions, the period. The projected values for provide for a moderate degree of monthly actuarial rates would result in financing periods from January 1, 1994, variation between actual and projected a surplus of $34.382 billion by the end through December 31, 1997, are shown costs. Thus, a positive contingency of December 1997, which amounts to in Table 3. margin is needed to build assets to more 42.7 percent of the estimated total The projected monthly rate required appropriate levels. incurred expenditures for the following to pay for one-half of the total of D. Sensitivity Testing year. benefits and administrative costs for enrollees age 65 and over for 1997 is Several factors contribute to E. Premium Rate $89.27. The monthly actuarial rate of uncertainty about future trends in $87.60 provides an adjustment of medical care costs. In view of this, it is As determined by section 1839(a)(3) ¥$1.54 for interest earnings and appropriate to test the adequacy of the of the Act, the monthly premium rate ¥$0.13 for a contingency margin. Based rates announced here using alternative for 1997, for both aged and disabled on current estimates, it appears that the assumptions. The most unpredictable enrollees, is $43.80. assets are more than sufficient to cover factors that contribute significantly to BILLING CODE 4120±01±M Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55005 55006 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55007 55008 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

BILLING CODE 4120±01±C Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55009

IV. Waiver of Notice of Proposed DEPARTMENT OF HOUSING AND projects which are part of long-term Rulemaking URBAN DEVELOPMENT comprehensive strategies for providing housing and related services for low- [Docket No. FR±4012±N±03] The Medicare statute, as discussed income persons living with HIV/AIDS previously, requires publication of the Office of the Assistant Secretary for and their families in areas that do not monthly actuarial rates and the Part B Community Planning and receive HOPWA formula allocations. premium amount in September. The Development; Announcement of The HIV Multiple-Diagnoses Initiative amounts are determined according to Funding Awards for Housing is a new feature of the national HOPWA the statute. As has been our custom, we Opportunities for Persons With AIDS competition and it responds to use general notices, rather than formal Program Fiscal Year 1996 recommendations expressed during the notice and comment rulemaking 1995 White House Conference on HIV procedures, to make such AGENCY: Office of the Assistant and AIDS, to recommendations to HUD announcements. In doing so, we Secretary for Community Planning and by residents and providers of HIV/AIDS acknowledge that, under the Development, HUD. housing, and to recommendations and a Administrative Procedure Act, ACTION: Notice of funding awards. survey of priority unmet needs of interpretive rules, general statements of homeless providers and advocates cited SUMMARY: In accordance with section policy, and rules of agency organization, in Priority: Home! The Federal Plan to 102(a)(4)(C) of the Department of procedure or practice are excepted from Break the Cycle of Homelessness, issued Housing and Urban Development the requirements of notice and comment by the Interagency Council on the Reform Act of 1989, this notice rulemaking. Homeless in March, 1994. The HIV announces the funding decisions made Multiple-Diagnoses Initiative is a We considered publishing a proposed by the Department in a competition for collaborative effort between HUD and notice to provide a period for public funding under the Fiscal Year 1996 the Department of Health and Human comment. However, we may waive that Housing Opportunities for Persons with Services to establish, evaluate and procedure if we find good cause that AIDS (HOPWA) program. The notice disseminate information on model prior notice and comment are contains the names of award winners programs to provide the integration of impracticable, unnecessary, or contrary and the amounts of the awards. health care and other supportive to the public interest. We find that the FOR FURTHER INFORMATION CONTACT: Fred services with housing assistance for procedure for notice and comment is Karnas, Jr., Director, Office of HIV/ eligible persons. The initiative targets unnecessary because the formula used TAIDS Housing, Department of Housing assistance to homeless persons who to calculate the SMI premium is and Urban Development, Room 7154, often have complex needs and for whom statutorily directed, and we can exercise 451 Seventh Street, S.W., Washington, service systems are often least no discretion in following that formula. D.C. 20410, telephone (202) 708–1934. developed. Moreover, the statute establishes the The TDD number for the hearing The announced HOPWA assistance is time period for which the premium impaired is (202) 708–2565. (These are being offered in conjunction with rates will apply and delaying not toll-free numbers). Information on related assistance being announced publication of the SMI premium rate HOPWA, community development and under the Special Projects of National would be contrary to the public interest. consolidated planning, and other HUD Significance component of the Ryan Therefore, we find good cause to waive programs may also be obtained from the White CARE Act under Department of publication of a proposed notice and Community Connections information Health and Human Services notices. center at 1–800–998–9999 (voice) or 1– solicitation of public comments. HHS will fund an Evaluation Technical 800–483–2209 (TDD); by e-mail at Assistance Center which will undertake In accordance with the provisions of [email protected]; or by internet at national and multi-site evaluations of Executive Order 12866, this notice was gopher://amcom.aspensys.com. The the HHS Special Projects of National reviewed by the Office of Management HUD Home Page address on the World Significance, including grants for and Budget. Wide Web is http://www.hud.gov. Housing for Homeless Persons with (Section 1839 of the Social Security Act; 42 SUPPLEMENTARY INFORMATION: The HIV/AIDS and Substance Abuse and/or U.S.C. 1395r) purpose of the competition was to Mental Illness, and the MDI projects (Catalog of Federal Domestic Assistance award grants for housing assistance and selected under this HUD initiative. Program No. 93.774, Medicare— supportive services by three types of The HOPWA assistance made Supplementary Medical Insurance) projects: (1) Grants for special projects available in this announcement is Dated: September 26, 1996. of national significance which, due to authorized by the AIDS Housing their innovative nature or their potential Opportunity Act (42 U.S.C. 12901), as Bruce C. Vladeck, for replication, are likely to serve as amended by the Housing and Administrator, Health Care Financing effective models in addressing the needs Community Development Act of 1992 Administration. of low-income persons living with HIV/ (Pub. L. 102–550, approved October 28, Dated: October 2, 1996. AIDS and their families; (2) grants for 1992) and was appropriated by the HUD Donna E. Shalala, Special Projects of National appropriations act for 1996, the Secretary. Significance—HIV Multiple-Diagnoses ‘‘Making appropriations for fiscal year [FR Doc. 96–27290 Filed 10–21–96; 12:15 Initiative (MDI) which, due to their 1996 to make a further downpayment pm] innovative nature or their potential for toward a balanced budget, and for other replication, are likely to serve as purposes’’ (Pub. L. 104–134, approved BILLING CODE 4120±01±M effective models in addressing the needs April 26, 1996). The competition was of low-income persons living with HIV/ announced in a Notice of Funding AIDS and their families who are also Availability (NOFA) published in the homeless and have chronic alcohol and/ Federal Register on February 28, 1996 or other drug abuse problems and/or (61 FR 7664). Applications were rated serious mental illness; and (3) grants for and selected for funding on the basis of 55010 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices selection criteria contained in that Significance; and $1,035,374 in 2 grants In accordance with section Notice. for Projects which are part of Long-term 102(a)(4)(C) of the Department of A total of $17,100,000 was awarded Comprehensive Strategies for providing Housing and Urban Development for 19 applications under three housing and related services in areas Reform Act of 1989 (Pub. L. 101–235, categories of assistance: $8,171,233 in 8 that do not receive HOPWA formula approved December 15, 1989), the grants for Special Projects of National allocations. The Housing Opportunities Department is publishing the grantees Significance—HIV Multiple-Diagnoses for Persons with AIDS is listed in the and amounts of the awards as follows: Initiative; $7,893,393 in 9 grants for Catalog of Federal Domestic Assistance Special Projects of National 14.241.

FY 1996 HOPWA COMPETITIVE GRANTS

Grant recipient Project location Award amount

Awards for Projects That are Part of Long Term Comprehensive Strategies

Pima County Community Services Division ...... Tucson, Arizona ...... $538,902 Burlington Housing Authority ...... Burlington, Vermont ...... 496,472

Total 1996 Long Term Awards ...... 2 Grants ...... $1,035,374

Awards for Special Projects of National Significance

Alameda County Planning Department ...... Oakland/Alameda Co. California ...... 1,093,125 West Hollywood Community Housing Corporation ...... West Hollywood, California ...... 1,076,200 City of Savannah ...... Savannah, Georgia ...... 750,000 Maryland Department of Health and Mental Hygiene ...... State-wide Maryland ...... 976,800 Santa Fe Community Housing Trust ...... Sante Fe, New Mexico ...... 1,030,000 The Actors' Fund of America ...... New York City ...... 750,000 Bailey House, Inc...... New York City and other sites to be se- 717,268 lected nation-wide. Asociacion de Puertorriquenos en Marcha ...... Philadelphia, Pennsylvania ...... 750,000 Bailey-Boushay House ...... Seattle, Washington ...... 750,000

Total 1996 SPNS Awards ...... 9 Grants ...... 7,893,393

Awards for Special Projects of National SignificanceÐHIV Multiple-Diagnoses Initiative

Bernal Heights Housing Corporation ...... San Francisco, California ...... 845,541 Lutheran Social Services of Northern California ...... San Francisco, California ...... 1,200,000 Housing Authority of Santa Cruz ...... Santa Cruz Co., California ...... 750,000 Housing & Services Inc. (of South Florida) ...... Miami, Florida ...... 1,090,000 Baltimore Department of Housing and Community Development ...... Baltimore, Maryland ...... 1,200,000 Catholic Community Services ...... Jersey City, New Jersey ...... 755,692 United Bronx Parents, Inc...... New York City ...... 1,130,000 Houston Regional HIV/AIDS Resource Group, Inc...... Houston, Texas ...... 1,200,000

Total 1996 SPNS Awards ...... 8 Grants ...... 8,171,233 Note: These projects are located in areas that do not qualify for HOPWA formula allocations. Total for all categories (19 grants) $17,100,000.

Dated: October 16, 1996. SUMMARY: In accordance with section Development, Room B–133, 451 7th Andrew Cuomo, 102(a)(4)(C) of the Department of Street, SW, Washington, DC 20410– Assistant Secretary for Community Planning Housing and Urban Development 7000; telephone (202) 755–0068 (this is and Development. Reform Act of 1989, this announcement not a toll-free number). Hearing- or [FR Doc. 96–27116 Filed 10–22–96; 8:45 am] notifies the public of funding decisions speech-impaired persons may use the BILLING CODE 4210±29±P made by the Department in a Telecommunications Devices for the competition for funding under the Deaf (TDD) by contacting the Federal Notice of Funding Availability (NOFA) [Docket No. FR±4001±N±03] Information Relay Service at 1–800– for the Traditional Indian Housing 877–8339. Office of the Assistant Secretary for Development Program. This announcement contains the names and SUPPLEMENTARY INFORMATION: The Public and Indian Housing; Indian Housing Development program is Announcement of Funding Awards for addresses of the awardees and the amount of the awards made available by authorized by sections 5 and 6, U. S. the Traditional Indian Housing Housing Act of 1937 (42 U.S.C. 1437c, Development ProgramÐFiscal Year HUD to provide assistance to the Indian 1437d), as amended; Section 23 U. S. 1996 Housing Development Program. Housing Act of 1937, as amended by FOR FURTHER INFORMATION CONTACT: AGENCY: Office of the Assistant section 554, Cranston-Gonzalez National Secretary for Public and Indian Bruce Knott, Director, Housing and Affordable Housing Act; section 7(d), Housing, HUD. Community Development Division, Department of Housing and Urban Office of Native American Programs, ACTION: Notice of funding awards. Development Act (42 U.S.C. 3535(d). Department of Housing and Urban Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55011

This notice announces FY 1996 for funding consistent with the approved December 15, 1989), the funding of approximately $160,000,000 provisions in the NOFA published in Department is publishing the grantees to be used to assist in job training, the Federal Register on March 29, 1996 and amounts of the awards in Appendix employment, contracting and other (61 FR 14218). A. economic opportunities to section 3 In accordance with section Dated: October 16, 1996. residents and section 3 business 102(a)(4)(C) of the Department of Kevin Emanuel Marchman, concerns. The FY 1996 grantees Housing and Urban Development Acting Assistant Secretary for Public and announced in this Notice were selected Reform Act of 1989 (Pub. L. 101–235, Indian Housing.

APPENDIX A

Grantee name and address Amount Units

AVCP Housing Authority, P.O. Box 767, Bethel, AK 99559 ...... $11,054,126 58 Akwesasne Housing Authority, Rural Route 1, Box 9A, Hagansburg, NY 13655 ...... 571,296 6 Alabama-Coushatta Housing Authority, Route 3, Box 640, Livingston, TX 77351 ...... 2,424,863 30 All Indian Pueblo Housing Authority, 5301 Central N.E., Suite 1700, Albuquerque, NM 87109 ...... 1,998,402 19 Bad River Housing Authority, P.O. Box 57, Odanah, WI 54861 ...... 278,472 3 Bering Straits Regional Housing Authority, P.O. Box 995, Nome, AK 99762 ...... 5,767,819 30 Bay Mills Housing Authority, Route 1, Box 3345, Brimley, MI 49715 ...... 938,021 10 Blackfeet Housing Authority, P.O. Box 790, Browning, MT 59417 ...... 2,441,335 20 Burns Paiute Housing Authority, HC±71 100 Pasigo Street, Burns, OR 97720 ...... 1,460,262 12 Campo Tribal Housing Authority, 36206 Church Road, Campo, CA 91906 ...... 425,509 3 Cascade Inter-Tribal Housing Authority, 2286 Community Plaza, Sedro Woolley, WA 98284 ...... 753,124 5 Chemehuevi Housing Authority, P.O. Box 1889, Chemehuevi Valley, CA 92363 ...... 4,975,767 35 Cherokee Nation Housing Authority, P.O. Box 1007, Tahlequah, OK 74465 ...... 1,364,984 16 Cheyenne-Arapaho Housing Authority, P.O. Box 997, Clinton, OK 73601 ...... 130,026 2 Chickasaw Nation Housing Authority, P.O. Box 668, Ada, OK 74820 ...... 528,743 7 Chippewa Cree Housing Authority, R.R. 1, Box 657, Box Elder, MT 59521 ...... 2,578,491 20 Choctaw Nation Housing Authority, P.O. Box G, Hugo, OK 74743 ...... 11,703,667 132 Comanche Housing Authority, P.O. Box 1671, Lawton, OK 73502 ...... 830,261 11 Cook Inlet Housing Authority, 2600 Cordova Street, Suite 201, Anchorage, AK 99503 ...... 2,620,334 20 Copper River Basin Housing Authority, P.O. Box 199, Copper Center, AK 99573 ...... 3,126,135 20 Creek Nation Housing Authority, P.O. Box 297, Okmulgee, OK 74447 ...... 585,037 7 Delaware Housing Authority, #6 Delaware Acres, Chelsea, OK 74016 ...... 263,889 4 Forest County Potawatomi Housing Authority, P.O. Box 346, Cranson, WI 54520 ...... 935,508 9 Fort Berthold Housing Authority, P.O. Box 310, New Town, ND 58763 ...... 344,115 3 Fort Hall Housing Authority, 161 Wardance Circle, Pocatello, ID 83202 ...... 1,217,978 10 Fort Sill Apache Tribal Housing Authority, Route 2, Box 121, Apache, OK 73006 ...... 1,392,180 15 Grande Ronde Housing Authority, P.O. Box 38, Grande Ronde, OR 97347 ...... 1,794,795 15 Grand Traverse Housing Authority, 11244 E. Ki-Dah-Keh-Mi-Kun, Suttons Bay, MI 49682 ...... 416,326 13 Ho-Chunk Nation Housing Authority, P.O. Box 546, Tomah, WI 54660 ...... 685,157 8 Houlton Maliseet Housing Authority, 13 Clover Circle, Houlton, ME 04730 ...... 329,823 5 Karuk Tribe Housing Authority, P.O. Box 1159, Happy Camp, CA 96039 ...... 5,520,656 32 Kasigluk Tribal Council Yup'ik Housing Authority, P.O. Box 119, Kasigluk, AK 99609 ...... 2,249,255 12 Kickapoo Housing Authority, Route 1, Box 800A, Horton, KS 66439 ...... 1,996,344 18 Kickapoo Tribe of Oklahoma Housing Authority, P.O. Box 70, McLoud, OK 74851 ...... 1,314,637 15 Klamath Tribal Housing Authority, 905 Main Street, Suite 613, Klamath Falls, OR 97601 ...... 948,681 8 Lac du Flambeau Housing Authority, P.O. Box 187, Lac du Flambeau, WI 54538 ...... 777,445 9 Makah Housing Authority, P.O. Box 88, Neah Bay, WA 98357 ...... 614,982 5 Mesa Grande Housing Authority, 4040 30th Street, Suite 204, San Diego, CA 92104 ...... 239,154 2 Modoc-Lassen Indian Housing Authority, P.O. Box 2028, Susanville, CA 96130 ...... 3,481,129 24 Mohegan Tribal Housing Authority, P.O. Box 488, Uncassville, CT 06382 ...... 2,238,360 15 Navajo Housing Authority, P.O. Box 4980, Window Rock, AZ 86515 ...... 16,381,288 131 Nez Perce Tribal Housing Authority, P.O. Box 188, Lapwai, ID 83540 ...... 270,478 2 Nooksack Indian Housing Authority, P.O. Box 122, Deming, WA 98244 ...... 598,265 5 North Pacific Rim Housing Authority, 4201 Tudor Center Drive, #205, Anchorage, AK 99508 ...... 3,126,848 20 Northern Circle Indian Housing Authority, 694 Pinoleville Drive, Ukiah, CA 95482 ...... 751,038 5 Northern Ponca Housing Authority, P.O. Box 306, Niobrara, NE 68760 ...... 4,409,917 38 Northwest Band of Shoshoni Housing Authority, 695 S. Main, #6, Brigham City, UT 84032 ...... 1,812,725 15 Northwest Inupiat Housing Authority, P.O. Box 331, Kotzebue, AK 99752 ...... 3,305,508 16 Oneida Indian Nation Housing Authority, 267 Union Street, Oneida, NY 13421 ...... 2,438,895 25 Oneida Tribe of Wisconsin Housing Authority, P.O. Box 68, Oneida, WI 54155 ...... 1,033,326 10 Owens Valley Indian Housing Authority, P.O. Box 490, Big Pine, CA 93513 ...... 258,948 2 Poarch Band of Creek Housing Authority, HCR 69A, Box 85B, Atmore, AL 36502 ...... 3,389,447 39 Pokagon Band of Potawatomi, 714 N. Front Street, Dowagiac, MI 49047 ...... 1,538,790 15 Pueblo of Laguna Housing Authority, P.O. Box 178, Laguna, NM 87026 ...... 1,512,972 13 Puyallup Housing Authority, P.O. Box 1844, Tacoma, WA 98401 ...... 1,310,650 10 Pyramid Lake Housing Authority, P.O. Box 213, Nixon, NV 89424 ...... 255,592 2 Quechan Tribal Housing Authority, 1860 W. Sapphire Lane, Winterhaven, CA 92283 ...... 2,878,544 22 Quileute Housing Authority, P.O. Box 159, La Push, WA 98350 ...... 1,365,724 10 Salt River Pima-Maricopa Housing Authority, Route 1, Box 215, Scottsdale, AZ 85256 ...... 2,632,135 20 Santee Sioux Housing Authority, Route 2, Box 164, Niobrara, NE 68760 ...... 2,146,961 20 Sault Sainte Marie Housing Authority, 2218 Shunk Road, Sault Sainte Marie, MI 49783 ...... 2,811,433 25 Siletz Indian Housing Authority, P.O. Box 549, Siletz, OR 97380 ...... 709,492 6 55012 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

APPENDIX AÐContinued

Grantee name and address Amount Units

Sokaogon Housing Authority, P.O. Box 186, Crandon, WI 54520 ...... 1,436,718 15 Southern Puget Sound Inter-Tribal Housing Authority, S.E. 11 Squaxin Drive, Shelton, WA 98584 ...... 3,521,464 28 Te-Moak Tribe of Western Shoshone Housing Authority, 504 Sunset Street, Elko, NV 89801 ...... 343,590 3 Tonkawa Housing Authority, Rural Route 1, Box 436, Tonkawa, OK 74653 ...... 1,116,021 12 Tule River Indian Housing Authority, P.O. Box 748, Porterville, CA 93258 ...... 5,163,730 35 Turtle Mountain Housing Authority, P.O. Box 620, Belcourt, ND 58316 ...... 2,350,981 20 White Earth Housing Authority, P.O. Box 436, White Earth, MN 56591 ...... 2,713,925 25 White Mountain Apache Housing Authority, P.O. Box 1270, Whiteriver, AZ 85941 ...... 620,748 6 Wind River Housing Authority, P.O. Box 327, Fort Washakie, WY 82514 ...... 2,310,484 20 Yavapai-Apache Housing Authority, P.O. Box 3897, Camp Verde, AZ 86322 ...... 106,743 1 Yurok Housing Authority, 1034 Sixth Street, Eureka, CA 95501 ...... 2,233,650 15

[FR Doc. 96–27118 Filed 10–22–96; 8:45 am] In accordance with section golden-cheeked warbler (Dendroica BILLING CODE 4210±33±P 102(a)(4)(C) of the Department of chrysoparia) and black-capped vireo Housing and Urban Development (Vireo atricapillus) in Travis, Bosque, Reform Act of 1989 (Pub. L. 101–235, and Hill Counties, Texas; and piping [Docket No. FR±4062±N±03] approved December 15, 1989, 42 U.S.C. plover (Charadrius melodus) along the 3545(a)(4)(C)), the Department is Channel to Port Mansfield, Willacy Office of the Assistant Secretary for publishing details concerning the County, Texas. Community Planning and recipients of funding awards, as follows: Permit No. 820062 Development; Announcement of Award for the Self-Help Applicant: Ellen DeBruin, Albuquerque, New Funding Award for the Self-Help Homeownership Opportunity Program Mexico. Homeownership Opportunity Program 1. Housing Assistance Council, 1025 (SHOP) The applicant requests a permit to Vermont Avenue, N.W., Suite 606, survey, census, and document newly AGENCY: Office of the Assistant Washington, D.C. 20005, telephone discovered populations of Kuenzler’s Secretary for Community Planning and (202) 842–8600, $13.5 million. hedgehog cactus (Echinocereus fendleri Development, HUD. 2. Neighborhood Reinvestment var. kuenzleri) on Fort Stanton Corporation, 1325 G Street, N.W., Suite ACTION: Announcement of funding Reservation, New Mexico. award. 800, Washington, D.C. 20005, telephone (202) 376–2412, $1.2 million. Permit No. 820085 SUMMARY: In accordance with section 3. Northwest Regional Facilitators, Applicant: T. James Fries, Austin, Texas. 102(a)(4)(C) of the Department of 525 E. Mission Avenue, Spokane, WA Housing and Urban Development 99202, telephone (509) 484–6733, The applicant requests a permit to Reform Act of 1989, this document $300,000. conduct surveys, map previously unknown populations, photograph, and notifies the public of the funding Dated: October 16, 1996. awards for the competitive component monitor populations throughout the 26 Andrew Cuomo, of the Self-Help Homeownership counties within the Texas Hill Country Opportunity Program (SHOP). These Assistant Secretary for Community Planning Bioreserve’s area of responsibility in and Development. awards will be used to facilitate and Texas for the Tobusch fishhook cactus encourage innovative homeownership [FR Doc. 96–27117 Filed 10–22–96; 8:45 am] (Ancistrocactus tobuschii), Texas opportunities through the provision of BILLING CODE 4210±29±P snowbells (Styrax texana), South Texas self-help housing where the homebuyer ambrosia (Ambrosia cheiranthifolia), contributes a significant amount of and slender rush pea (Hoffmanseggia sweat-equity toward the construction of DEPARTMENT OF THE INTERIOR tenella). the new dwelling. The purpose of this Fish and Wildlife Service Permit No. 820119 document is to announce the names and addresses of the award winners and the Applicant: Dr. Carol McIvor, Tucson, Endangered and Threatened Species Arizona. amounts of the awards. Permit Applications FOR FURTHER INFORMATION CONTACT: The applicant requests a permit to Clifford Taffet, Office of Affordable ACTION: Notice of Receipt of capture, tag, and determine spawning Housing Programs, Department of Applications. migration movements of the Housing and Urban Development, room SUMMARY: The following applicants have flannelmouth sucker (Catostomus 7168, 451 Seventh Street, SW, applied for a permit to conduct certain latipinnis), a non-listed species. If either Washington, DC 20410; telephone (202) activities with endangered species. This the humpback chub (Gila cypha) and/or 708–3226 EXT. 4589; TDD (202) 708– notice is provided pursuant to section razorback sucker (Xyrauchen texanus) 2565. (These are not toll-free numbers.) 10(c) of the Endangered Species Act of (both listed species) are inadvertently SUPPLEMENTARY INFORMATION: On July 9, 1973, as amended (16 U.S.C. 1531, et captured, they will be returned to the 1996 (61 FR 36254), the Department seq.). water unharmed. Fish will be caught in the following tributaries of the Colorado published a Notice of Funding Permit No. 820022 Availability of $15 million in SHOP River in Grand Canyon National Park: grants, as authorized by sections 11(c)(2) Applicant: Gary Lee Galbraith, Austin, Texas. Paria River, Little Colorado River, and 12(b)(1) of the Housing Opportunity The applicant requests a permit to Havasu Creek, Kanab Creek and Bright Program Extension Act of 1996. conduct population surveys for the Angel Creek. Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55013

Permit No. 820283 a copy of such documents within 30 available for review, subject to the Applicant: Dr. David M. Leslie, Stillwater, days of the date of publication of this requirements of the Privacy Act and Oklahoma. notice, to the address above. Freedom of Information Act, by any The applicant requests a permit to Lynn B. Starnes, party who submits a written request for collect 30 leopard darters (Percina Regional Director, Region 2, Albuquerque, a copy of such documents to the pantherina) for research studies to be New Mexico. following office within 30 days of the conducted during 1997, in the Mountain [FR Doc. 96–27140 Filed 10–22–96; 8:45 am] date of publication of this notice: U.S. Fork River, McCurtain County, BILLING CODE 4510±55±P Fish and Wildlife Service, Office of Oklahoma. Management Authority, 4401 North Fairfax Drive, Room 430, Arlington, Permit No. 820337 Notice of Receipt of Applications for Virginia 22203. Phone: (703/358–2104); Applicant: Terry L. Myers, Springerville, Permit FAX: (703/358–2281). Arizona. The following applicants have Dated: October 18, 1996. The applicant requests a permit to Caroline Anderson, conduct surveys on Arizona hedgehog applied for a permit to conduct certain activities with endangered species. This Acting Chief Branch of Permits Office of cactus (Echinocereus triglochidiatus var. Management Authority. Arizonicus) and lesser long-nosed bats notice is provided pursuant to Section [FR Doc. 96–27174 Filed 10–22–96; 8:45 am] (Leptonycteris curasoae yerbabuena). 10(c) of the Endangered Species Act of Portions of up to 50 plants will be 1973, as amended (16 U.S.C. 1531, et BILLING CODE 4310±55±P collected during 1997 for genetic seq.): PRT–821107 analysis for the purpose of recovery of Availability of an Environmental the species. Lesser long-nosed bats will Applicant: Wesley Skidmore, Provo, UT. Assessment/Habitat Conservation Plan be surveyed by using mist nets for The applicant requests a permit to and Receipt of Application for capture and immediately released import the sport-hunted trophy of one Incidental Take Permit for unharmed in 1997 and subsequent male bontebok (Damaliscus pygargus Construction of Schlueter 33, a 33-acre years. dorcas) culled from a captive herd Commercial Development in Travis The applicant will also be sampling maintained under the management County, Texas non-listed fish populations yearly with program of the Republic of South Africa, electrofishing, seines, and dip nets in SUMMARY for the purpose of enhancement of the : 2222 Research Park Limited portions of the Blue and San Francisco survival of the species through (applicant) has applied to the U.S. Fish Rivers and Eagle Creeks, and their conservation education. and Wildlife Service (Service) for an tributaries. Any razorback suckers incidental take permit pursuant to captured during sampling will be PRT–821078 Section 10(a) of the Endangered Species released immediately. Applicant: Omaha’s Henry Doorly Zoo, Act (Act). The applicant has been All the above activities will be Omaha, NE. assigned permit number PRT–817362. conducted in the Clifton Ranger District The applicant requests a permit to The requested permit, which is for a in Apache and Greenlee Counties, import one male captive-born Siberian period of 30 years, would authorize the Arizona. tiger (Panthera tigris altaica) for incidental take of the endangered DATES: Written comments on these enhancement of the survival of the golden-cheeked warbler (Dendroica permit applications must be received on species through captive breeding and chrysoparia). The proposed take would or before November 22, 1996. education. occur as a result of the construction of ADDRESSES: Written data or comments PRT–821239 commercial development on RM 2222 should be submitted to the Legal Applicant: Derek Baker, San Jose, CA. in Travis County, Texas. Instruments Examiner, Division of The Service has prepared the Endangered Species/Permits, Ecological The applicant request a permit to Environmental Assessment/Habitat Services, P.O. Box 1306, Albuquerque, import three Asian bonytongue Conservation Plan (EA/HCP) for the New Mexico 87103. (Scleropages formosus) born in captivity incidental take applications. A Please refer to the respective permit from P.S. Bintang Kalbor, Kalimantan, determination of whether jeopardy to number for each application when Indonesia for the purpose of the survival the species or a Finding of No submitting comments. of the species through propagation. Significant Impact (FONSI) will not be All comments received, including PRT–821046 made before 30 days from the date of names and addresses, will become part Applicant: Wildlife Conservation Society, publication of this notice. This notice is of the official administrative record and Bronx, NY. provided pursuant to Section 10(c) of may be made available to the public. The applicant requests a permit to the Act and National Environmental FOR FURTHER INFORMATION CONTACT: U.S. import three male and two female black- Policy Act regulations (40 CFR 1506.6). Fish and Wildlife Service, Ecological necked cranes (Grus nigricollis) for DATES: Written comments on the Services, Division of Endangered enhancement of the survival of the application should be received on or Species/Permits, P.O. Box 1306, species through captive propagation. before November 22, 1996. Albuquerque, New Mexico 87103. Written data or comments should be ADDRESSES: Persons wishing to review Please refer to the respective permit submitted to the Director, U.S. Fish and the application may obtain a copy by number for each application when Wildlife Service, Office of Management writing to the Regional Director, U.S. requesting copies of documents. Authority, 4401 North Fairfax Drive, Fish and Wildlife Service, P.O. Box Documents and other information Room 430, Arlington, Virginia 22203 1306, Albuquerque, New Mexico 87103. submitted with these applications are and must be received by the Director Persons wishing to review the EA/HCP available for review, subject to the within 30 days of the date of this may obtain a copy by contacting Joseph requirements of the Privacy Act and publication. E. Johnston or Sybil Vosler, Ecological Freedom of Information Act, by any Documents and other information Services Field Office, 10711 Burnet party who submits a written request for submitted with these applications are Road, Suite 200, Austin, Texas 78758 55014 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

(512/490–0063). Documents will be Geological Survey Earth Resources Building, 1416 Ninth Street, Room 1206, available for public inspection by Observation Systems (EROS) Data Sacramento, CA. written request, by appointment only, Center near Sioux Falls, South Dakota. CONTACT PERSON FOR MORE INFORMATION: during normal business hours (8:00 to The Panel, comprised of scientists from Cindy Darling, CALFED Bay-Delta 4:30) at the Austin address above. academic and government institutions, Program, at (916) 657–2666. If Written data or comments concerning will provide Land Processes DAAC reasonable accommodation in needed the application(s) and EA/HCPs should management with advice and due to a disability, please contact the be submitted to the Field Supervisor, consultation on a broad range of Equal Employment Opportunity Office Ecological Field Office, Austin, Texas at scientific and technical topics relevant at (916) 653–6952 or TDD (916) 653– the address above. Please refer to permit to the development and operation of 6934 at least one week prior to the number PRT–817362 when submitting DAAC systems and capabilities. meeting. comments. Topics to be reviewed and discussed SUPPLEMENTARY INFORMATION: The San FOR FURTHER INFORMATION CONTACT: by the Panel include Land Processes Francisco Bay/Sacramento-San Joaquin Joseph E. Johnston or Sybil Vosler at the DAAC FY 1996 accomplishments and Delta Estuary (Bay-Delta system) is a above Austin Ecological Service Field FY 1997 planned activities, critically important part of California’s Office. prioritization of 1997 activities, DAAC natural environment and economy. In SUPPLEMENTARY INFORMATION: Section 9 operations plans, DAAC user services recognition of the serious problems of the Act prohibits the ‘‘taking’’ of issues, EOS data and information facing the region and the complex endangered species such as the golden- system (EOSDIS) implementation status, resource management decisions that cheeked warbler. However, the Service, digital elevation model (DEM) and must be made, the state of California under limited circumstances, may issue ground control point (GCP) activities, and the Federal government are working permits to take endangered wildlife information management system (IMS) together to stabilize, protect, restore, species when such taking is incidental workshop results, and others. and enhance the Bay-Delta system. The to, and not the purpose of, otherwise DATES: November 5–7, 1996, State and Federal agencies with lawful activities. Regulations governing commencing at 8:30 a.m. on November management and regulatory permits for endangered species are at 50 5 and adjourning at 1:00 p.m. on responsibilities in the Bay-Delta system CFR 17.22. November 7. are working together as CALFED to provide policy direction and oversight Applicant: 2222 Research Park FOR FURTHER INFORMATION CONTACT: Dr. Limited plans to construct a commercial Bryan Bailey, Land Processes DAAC for the process. development in Travis County, Texas. Project Scientist, U.S. Geological One area of Bay-Delta management This action will eliminate less than 18 Survey, EROS Data Center, Sioux Falls, includes the establishment of a joint acres of occupied golden-cheeked South Dakota 57198 at (605) 594–6001. State-Federal process to develop long- warbler habitat and indirectly impact term solutions to problems in the Bay- SUPPLEMENTARY INFORMATION: less than 25 additional acres of golden- Meetings Delta system related to fish and wildlife, cheeked warbler habitat. of the Land Processes DAAC Science water supply reliability, natural The applicant proposes to compensate Advisory Panel are open to the public. disasters, and water quality. The intent for this incidental take of golden- Dated: October 15, 1996. is to develop a comprehensive and cheeked warbler habitat by purchasing Gordon P. Eaton, balanced plan which addresses all of the approximately 71 acres of golden- Director, U.S. Geological Survey. resource problems. This effort, the cheeked warbler habitat located within [FR Doc. 96–27146 Filed 10–22–96; 8:45 am] CALFED Bay-Delta Program (Program), the same watershed or adjacent habitat BILLING CODE 4310±31±M is being carried out under the policy in Travis County through an accepted direction of CALFED. The CALFED Bay- conservation entity and providing for Delta Program is exploring and the maintenance of the acquired habitat. Bureau of Reclamation developing a long-term solution for a Alternatives to this action were cooperative planning process that will rejected because selling or not Bay-Delta Advisory Council's determine the most appropriate strategy developing the subject property with Ecosystem Roundtable Meeting and actions necessary to improve water federally listed species present was not quality, restore health to the Bay-Delta AGENCY: Bureau of Reclamation, economically feasible. ecosystem, provide for a variety of Interior. Lynn B. Starnes, beneficial uses, and minimize Bay-Delta Regional Director, Region 2, Albuquerque, ACTION: Notice of meeting. system vulnerability. A group of citizen New Mexico. advisors representing California’s SUMMARY: The Bay-Delta Advisory [FR Doc. 96–27139 Filed 10–22–96; 8:45 am] agricultural, environmental, urban, Council’s (BDAC) Ecosystem BILLING CODE 4510±55±P business, fishing, and other interests Roundtable will meet to discuss several who have a stake in finding long term issues including: Draft operating rules; solutions for the problems affecting the mission and objectives; and the Geological Survey Bay-Delta system has been chartered restoration coordination program. This under the Federal Advisory Committee meeting is open to the public. Interested Earth Observing System (EOS) Land Act (FACA) as the Bay-Delta Advisory persons may make oral statements to the Processes Distributed Active Archive Council (BDAC) to advise CALFED on Ecosystem Roundtable or may file Center (DAAC) Science Advisory Panel the program mission, problems to be written statements for consideration. AGENCY: U.S. Geological Survey, addressed, and objectives for the DATES: The Bay-Delta Advisory Interior. CALFED Bay-Delta Program. BDAC Council’s Ecosystem Roundtable ACTION: Notice of meeting. provides a forum to help ensure public meeting will be held from 1:00 pm to participation, and will review reports SUMMARY: Pursuant to Public Law 92– 3:30 pm on Friday, November 8, 1996. and other materials prepared by 463, the Land Processes DAAC Science ADDRESSES: The Bay-Delta Advisory CALFED staff. BDAC has established a Advisory Panel will meet at the U.S. Council will meet at the Resources subcommittee called the Ecosystem Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55015

Roundtable to provide input on annual individual ICR, with applicable submitted on the dust data cards that workplans to implement ecosystem supporting documentation, may be accompany the samples. restoration projects and programs. obtained by calling the Department of Agency: Mine Safety and Health Minutes of the meeting will be Labor Acting Departmental Clearance Administration. maintained by the CALFED Bay-Delta Officer, Theresa M. O’Malley (202) 219– Title: Independent Contractor Program, Suite 1155, 1416 Ninth Street, 5095. Individuals who use a Register. Sacramento, CA 95814, and will be telecommunications device for the deaf OMB Number: 1219–0040. available for public inspection during (TTY/TDD) may call (202) 219–4720 Frequency: On occasion. regular business hours, Monday through between 1:00 p.m. and 4:00 p.m. Eastern Affected Public: Business or other for- Friday within 30 days following the time, Monday through Friday. profit. meeting. Comments should be sent to Office of Number of Respondents: 13,963. Estimated Time Per Respondent: Dated: October 11, 1996. Information and Regulatory Affairs, Attn: OMB Desk Officer for BLS, DM, 0.1333. Roger Patterson, ESA, ETA, MSHA, OSHA, PWBA, or Total Burden Hours: 12,098. Regional Director, Mid-Pacific Region. VETS, Office of Management and Total Annualized Capital/Startup [FR Doc. 96–27157 Filed 10–22–96; 8:45 am] Budget, Room 10235, Washington, DC Costs: 0. BILLING CODE 4310±94±M 20503 (202) 395–7316, within 30 days Total Annual Costs (Operating/ from the date of this publication in the Maintaining Systems or Purchasing Federal Register. Services): $196,646. INTERNATIONAL TRADE The OMB is particularly interested in Description: Mine operators are COMMISSION comments which: required to maintain a register of * Evaluate whether the proposed independent contractors work at the Sunshine Act Meeting collection of information is necessary mine. The information is used by MSHA during inspections to determine proper AGENCY HOLDING THE MEETING: United for the proper performance of the responsibility for compliance with States International Trade Commission. functions of the agency, including whether the information will have safety and health standards. TIME AND DATE: November 1, 1996 at practical utility; Agency: Employment and Training 11:00 a.m. * Evaluate the accuracy of the Administration. PLACE: Room 101, 500 E Street S.W., agency’s estimate of the burden of the Title: Baseline Employment Rate for Washington, DC 20436. proposed collection of information, Youth Opportunity Area Demonstration. STATUS: Open to the public. including the validity of the OMB Number: 1205–0new. MATTERS TO BE CONSIDERED: methodology and assumptions used; Frequency: One-time. * Enhance the quality, utility, and Affected Public: Individuals or 1. Agenda for future meeting. households. 2. Minutes. clarity of the information to be collected; and Number of Respondents: 816. 3. Ratification List. Estimated Time Per Respondent: 15 4. Inv. No. 731–TA–752 (Preliminary) * Minimize the burden of the (Crawfish Tail Meat from China)—briefing collection of information on those who minutes. and vote. are to respond, including through the Total Burden Hours: 204. 5. Outstanding action jackets: None. use of appropriate automated, Total Annualized Capital/Startup Costs: 0. In accordance with Commission electronic, mechanical, or other technological collection techniques or Total Annual Cost (Operating/ policy, subject matter listed above, not Maintaining Systems or Purchasing disposed of at the scheduled meeting, other forms of information technology, e.g., permitting electronic submission of Services: 0 may be carried over to the agenda of the Description: The purpose of this data following meeting. responses. Agency: Mine Safety and Health collection is to determine the baseline By order of the Commission. Administration. employment rate and additional Issued: October 21, 1996. Title: Mine Operator Dust Data Card. demographic characteristics of the three Donna R. Koehnke, OMB Number: 1219–0011. pilot neighborhoods in the Department Secretary. Frequency: Bimonthly. of Labor’s Youth Opportunity Area [FR Doc. 96–27346 Filed 10–21–96; 2:09 pm] Affected Public: Business or other for- demonstration. Theresa M. O’Malley, BILLING CODE 7020±20±P profit. Number of Respondents: 1,580. Acting Departmental Clearance Officer. Estimated Time Per Respondent: 63 [FR Doc. 96–27151 Filed 10–22–96; 8:45 am] minutes. BILLING CODE 4510±43±M DEPARTMENT OF LABOR Total Burden Hours: 67,433. Office of the Secretary Total Annualized Capital/Startup Costs: 0. Agency Recordkeeping/Reporting Submission for OMB Review; Total Annual Cost (Operating/ Requirements Under Emergency Comment Request Maintaining Systems or Purchasing Review by the Office of Management Services): $1,448,877. and Budget (OMB) October 17, 1996. Description: All underground coal The Department of Labor (DOL) has mine operators and certain surface coal October 17, 1996. submitted the following public mine operators as designated by the The Department of Labor has information collection requests (ICR) to Mine Safety and Health Administration submitted the following (see below) the Office of Management and Budget (MSHA) are required to collect and emergency processing public (OMB) for review and approval in submit respirable dust samples to information collection request (ICR) to accordance with the Paperwork MSHA for analysis. Pertinent the Office of Management and Budget Reduction Act of 1995 (Pub.L. 104–13, information associated with identifying (OMB) for review and clearance under 44 U.S.C. Chapter 35). A copy of each and analyzing these samples is the Paperwork Reduction Act of 1995 55016 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

(Pub. L. 104–13, 44 U.S.C. Chapter 35). Assistance (NAFTA–TAA) program. The Administration is soliciting comments OMB approval has been requested by data to be collected comply with the concerning the proposed reinstatement November 8, 1996. A copy of this ICR, United States District Court for the collection of the JTPA Title II Quarterly with applicable supporting District of Columbia’s preliminary Status Report (JQSR). documentation, may be obtained by approval of, pending a final hearing, a A copy of the proposed information calling the Department of Labor Acting settlement of Baker v. Reich between the collection request (ICR) can be obtained Departmental Clearance Officer, Theresa Department of Labor and the United by contacting the office listed below in M. O’Malley ((202) 219–5095). Auto Workers Union (UAW). the addressee section of this notice. Comments and questions about the The Court Order requires the DATES: Written comments must be ICR listed below should be forwarded to Department to report to the UAW on the submitted to the office listed in the Office Information and Regulatory States’ implementation of the addressee section below on or before Affairs, Attn: OMB Desk Officer for the settlement. To comply with the Order, December 23, 1996. U.S. Department of Labor, Employment States must provide to the Department The Department of Labor is and Training Administration, Office of by January 3, 1997, either by phone, E- particularly interested in comments Management and Budget, Room 10235, mail, or in writing, a one-time, interim which: Washington, DC 20503 ((202) 395– summary by NAFTA–TAA petition * Evaluate whether the proposed 7316). number, of the number of workers collection of information is necessary The Office of Management and Budget notified of the proposed settlement and for the proper performance of the is particularly interested in comments the number of workers who have functions of the agency, including which: contacted the State agency for eligibility whether the information will have * Evaluate whether the proposed determinations. practical utility; collection of information is necessary The Court Order also requires that * Evaluate the accuracy of the for the proper performance of the beginning with the quarterly reporting agency’s estimate of the burden of the functions of the agency, including period ending December 31, 1996, the proposed collection of information, whether the information will have States will provide the Department with including the validity of the practical utility; quarterly written reports by petition methodology and assumptions used; * Evaluate the accuracy of the number on: the number of people * Enhance the quality, utility, and agency’s estimate of the burden of the requesting determination of entitlement; clarity of the information to be proposed collection of information, the number of people determined collected; and including the validity of the entitled to benefits; and the number of * Minimize the burden of the methodology and assumptions used; people receiving TRA first payments collection of information on those who * Enhance the quality, utility, and under this settlement. The States are are to respond, including through the clarity of the information to be required to continue to report the data use of appropriate automated, electronic collected; and on a quarterly basis for five more mechanical, or other technological * Minimize the burden of the quarters. collection techniques or other forms of collection of information on those who Theresa M. O’Malley, information technology, e.g., permitting are to respond, including through the Acting Departmental Clearance Officer. electronic submissions of responses. use of appropriate automated, [FR Doc. 96–27152 Filed 10–22–96; 8:45 am] ADDRESSES: Ray Palmer, U.S. electronic, mechanical, or other Department of Labor, Employment and technological collection techniques or BILLING CODE 4510±30±M Training Administration, 200 other forms of information technology, Constitution Avenue, N.W., Room e.g., permitting electronic submissions Employment and Training N4463, Washington, D.C. 20210; of response. Administration telephone number (202) 219–5305 (this Agency: Employment and Training is not a toll-free number). Administration, Labor. JTPA Title II Quarterly Status Report; Title: Reporting requirements Comment Request SUPPLEMENTARY INFORMATION: pursuant to Baker v. Reich. I. Background OMB Number: Not available. ACTION: Notice. Frequency: A one-time interim report The information will be used to assess and a quarterly report for six quarters. SUMMARY: The Department of Labor, as JTPA statewide financial and Affected Public: State or local part of its continuing effort to reduce participant data. This data will be used government. paperwork and respondent burden to respond to congressional oversight, to Number of Respondents: 40. conducts a preclearance consultation prepare budget requests and make Estimated Time Per Respondent: One- program to provide the general public annual reports to Congress per statute. time report=1 hour; quarterly report=2 and Federal agencies with an minutes per NAFTA–TAA petition. opportunity to comment on proposed II. Current Actions Total Burden Hours: 208. and/or continuing collections of Data used to respond to congressional Total Burden Cost (Capital/Startup): information in accordance with the questions, prepare budget requests and None. Paperwork Reduction Act of 1995 reports. Total Burden Cost (Operating/ (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This Type of Review: Reinstatement. Maintaining): None. program helps to ensure that requested Agency: Employment and Training Description: This emergency data can be provided in the desired Administration. clearance is needed in order to comply format, reporting burden (time and Title: JTPA Title II Quarterly Status with a Federal Court Order issued on financial resources) is minimized, Report. September 9, 1996, regarding individual collection instruments are clearly OMB Number: 1205–0323. eligibility determinations for Trade understood, and the impact of collection Agency Number: ETA 9040. Readjustment Allowance (TRA) benefits requirements on respondents can be Affected Public: States, the District of under the North American Free Trade properly assessed. Currently, the Columbia, Puerto Rico, U.S. Virgin Agreement—Transitional Adjustment Employment and Training Islands, Guam, American Samoa, Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55017

Marshall Islands, Micronesia, Northern Members of the public are encouraged session for the year on November 12. Marianas, and Palau. to file a written statement pertaining to The working group is studying how to Cite/Reference/Form/etc.: Job any topic concerning ERISA by guide plans in selecting and monitoring Training Partnership Act—Public Law submitting 20 copies on or before investment consultants and advisers. 97–300, 29 U.S.C. 1501; JTPA Title II October 31, 1996, to Sharon Morrissey, The working group’s report will be Quarterly Status Report. Acting Executive Secretary, ERISA finalized November 12 and formally Total Respondents: 59 Respondents. Advisory Council, U.S. Department of presented at the Full Council’s meeting Frequency: Quarterly. Labor, Room N–5677, 200 Constitution on November 13. Total responses: 59. Avenue, N.W., Washington, D.C. 20210. Members of the public are encouraged Average Time per Response: 4.5 Individuals or representatives of to file a written statement pertaining to hours. organizations wishing to address the any topic concerning ERISA by Estimated Total Burden Hours: 1,062. Working Group on Guidance for submitting 20 copies on or before Total Burden Cost (Startup): N/A. Selecting and Monitoring Service October 31, 1996, to Sharon Morrissey, Total Burden Cost (Maintaining): N/ Providers should forward their request Acting Executive Secretary, ERISA A—Costs associated with data collection to the Acting Executive Secretary or Advisory Council, U.S. Department of and recordkeeping are part of grants to telephone (202) 219–8753. Oral Labor, Room N–5677, 200 Constitution States under JTPA. presentations will be limited to 10 Avenue, NW., Washington, DC 20210. Comments submitted in response to minutes, but an extended statement may Individuals or representatives of this comment request will be be submitted for the record. Individuals organizations wishing to address the summarized and/or included in the with disabilities, who need special Working Group on the Impact of request for Office of Management and accommodations, should contact Sharon Various Tax Reform Proposals of ERISA Budget approval of the information Morrissey by October 31, 1996, at the Employer-Sponsored Plans should collection request; they will also address indicated in this notice. forward their request to the Acting become a matter of public record. Organizations or individuals may also Executive Secretary or telephone (202) Dated: October 15, 1996. submit statements for the record 219–8753. Oral presentations will be Theodore Mastroianni, without testifying. Twenty (20) copies of limited to 10 minutes, but an extended Acting Administrator, Office of Job Training such statements should be sent to the statement may be submitted for the Programs. Acting Executive Secretary of the record. Individuals with disabilities, [FR Doc. 96–27148 Filed 10–22–96; 8:45 am] Advisory Council at the above address. who need special accommodations, Papers will be accepted and included in BILLING CODE 4510±30±M should contact Sharon Morrissey by the record of the meeting if received on October 31, 1996, at the address or before October 31. indicated in this notice. Pension and Welfare Benefits Signed at Washington, D.C. this 16th day Organizations or individuals may also Administration of October, 1996. submit statements for the record Meredith Miller, without testifying. Twenty (20) copies of Working Group on Guidance for Deputy Assistant Secretary Pension and such statements should be sent to the Selecting and Monitoring Service Welfare Benefits Administration. Acting Executive Secretary of the Providers; Advisory Council on [FR Doc. 96–27149 Filed 10–22–96; 8:45 am] Advisory Council at the above address. Employee Welfare and Pension BILLING CODE 4510±29±M Papers will be accepted and included in Benefits Plans; Notice of Meeting the record of the meeting if received on or before October 31. Pursuant to the authority contained in Working Group on the Impact of Section 512 of the Employee Retirement Signed at Washington, DC this 16th day of Alternative Tax Reform Proposals on Income Security Act of 1974 (ERISA), 29 October, 1996. ERISA Employer-Sponsored Plans; U.S.C. 1142, a public meeting by Meredith Miller, Advisory Council on Employee Welfare teleconference of the Working Group on Deputy Assistant Secretary, Pension and and Pension Benefits Plans; Notice of Guidance for Selecting and Monitoring Welfare Benefits Administration. Meeting Service Providers of the Advisory [FR Doc. 96–27150 Filed 10–22–96; 8:45 am] Council on Employee Welfare and Pursuant to the authority contained in BILLING CODE 4510±29±M Pension Benefit Plans will be held on Section 512 of the Employee Retirement November 4, 1996, in Room N5677, U.S. Income Security Act of 1974 (ERISA), 29 Department of Labor Building, Second U.S.C. 1142, a public meeting by NATIONAL ARCHIVES AND RECORDS and Constitution Avenue, N.W., teleconference of the Working Group on ADMINISTRATION Washington, D.C. 20210. the Impact of Alternative Tax Reform The purpose of the open meeting by Proposals on ERISA Employer- Records Schedules; Availability and teleconference, which will run from Sponsored Plans of the Advisory Request for Comments 2:00 p.m. to approximately 2:30 p.m., is Council on Employee Welfare and AGENCY: Office of Records for Working Group members to re- Pension Benefit Plans will be held on Administration, National Archives and review the group’s interim report to the November 4, 1996, in Room N5677, U.S. Records Administration. Secretary of Labor before it meets again Department of Labor Building, Second ACTION: Notice of availability of in Washington for its full and final and Constitution Avenue, NW., proposed records schedules; request for session for the year on November 12. Washington, DC 20210. comments. The working group is studying how to The purpose of the open meeting by guide plans in selecting and monitoring teleconference, which will run from SUMMARY: The National Archives and investment consultants and advisers. 2:30 p.m. to approximately 3:00 p.m., is Records Administration (NARA) The working group’s report will be for Working Group members to re- publishes notice at least once monthly finalized November 12 and formally review the group’s interim report to the of certain Federal agency requests for presented at the Full Council’s meeting Secretary of Labor before it meets again records disposition authority (records on November 13. in Washington for its full and final schedules). Records schedules identify 55018 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices records of sufficient value to warrant each schedule, and briefly describes the Dated: October 10, 1996. preservation in the National Archives of records proposed for disposal. The James W. Moore, the United States. Schedules also records schedule contains additional Assistant Archivist for Records authorize agencies after a specified information about the records and their Administration. period to dispose of records lacking disposition. Further information about [FR Doc. 96–27090 Filed 10–22–96; 8:45 am] administrative, legal, research, or other the disposition process will be BILLING CODE 7515±01±M value. Notice is published for records furnished to each requester. schedules that (1) propose the Schedules Pending destruction of records not previously NATIONAL CREDIT UNION authorized for disposal, or (2) reduce 1. Department of the Air Force (N1– ADMINISTRATION the retention period for records already AFU–96–29). Medical diagnostic authorized for disposal. NARA invites records relating to special cardiographic Information Collections; Comment public comments on such schedules, as procedures. Request for Re-Clearance required by 44 USC 3303a(a). 2. Department of the Air Force (N1– October 23, 1996. DATES: Request for copies must be AFU–97–1). Authorization for early received in writing on or before disposal of short-term temporary The National Credit Union December 9, 1996. Once the appraisal of records due to closure of Reese Air Administration (NCUA) intends to the records is completed, NARA will Force Base and other bases. submit the following public information collection requests to the Office of send a copy of the schedule. The 3. Department of Health and Human Management and Budget (OMB) for requester will be given 30 days to Services, Food and Drug Administration review and clearance under the submit comments. (N1–088–96–3). Update of Paperwork Reduction Act of 1995 (P.L. ADDRESSES: Address requests for single comprehensive schedule of Center for 104–13, 44 U.S.C. Chapter 35). These copies of schedules identified in this Biologics Evaluation and Research. information collections are published to notice to the Records Appraisal and 4. Department of Health and Human obtain comments from the public. Disposition Division (NIR), National Services, Administration on Aging (N1– Public comments are encouraged and Archives and Records Administration, 439–96–2). Pre-conference reporting will be accepted for 60 days from the College Park, MD 20740. Requesters system of the White House Conference date listed at the top of this page in the must cite the control number assigned on Aging. Federal Register. to each schedule when requesting a 5. Department of Justice, Federal Copies of the information collection copy. The control number appears in Bureau of Investigation (N1–65–96–2). requests, with applicable supporting the parentheses immediately after the Elimination from the FBI retention plan documentation, may be obtained by name of the requesting agency. of duplicative and/or unneeded general calling the NCUA Clearance Officer, SUPPLEMENTARY INFORMATION: Each year criteria for selection of excepted case Suzanne Beauchesne, (703–518–6412). U.S. Government agencies create files. Comments and/or suggestions regarding billions of records on paper, film, 6. Department of State, Bureau of the information collection requests magnetic tape, and other media. In order Administration (N1–59–96–17). The should be directed to Ms. Beauchesne, to control this accumulation, agency publication Key Officers of Foreign at the National Credit Union records managers prepare records Service Posts. Administration, 1775 Duke Street, schedules specifying when the agency 7. Department of State (N1–59–96– Alexandria, Virginia 22314–3428; Fax no longer needs the records and what 29). International Merchant Purchase No. (703) 518–6433; E-Mail Address: happens to the records after this period. Authorization Card (IMPAC) files for all [email protected] within 60 days from Some schedules are comprehensive and bureaus and offices except Office of the date of this publication in the cover all the records of an agency or one Finance. Federal Register. Comments should also of its major subdivisions. These 8. Department of State, Office of the be sent to OMB Desk Officer, Mr. comprehensive schedules provide for Legal Adviser (N1–76–96–2). Source Alexander Hunt, at the following the eventual transfer to the National documentation collected in preparation address: OMB Reports Management Archives of historically valuable records of U.S.-Iran claims. Branch, New Executive Office Building, and authorize the disposal of all other 9. Environmental Protection Agency Room 10202, Washington DC 20530. records. Most schedules, however, cover (N1–412–96–4). Source data files National Credit Union Administration records of only one office or program or relating to in-house radiological a few series of records, and many are research. OMB Number: 3133–0135. updates of previously approved Form Number: 1343. 10. Federal Communications schedules. Such schedules also may Type of Review: Reinstatement, with Commission (N1–173–96–1). Reduction include records that are designated for change, of a previously approved in retention period for congressional permanent retention. collection for which approval has Destruction of records requires the correspondence. expired. approval of the Archivist of the United 11. National Archives and Records Title: ACH Program Data Form. States. This approval is granted after a Administration (N1–64–96–2). Updates Description: 12 U.S.C. 1755 and thorough study of the records that takes to the NARA comprehensive records 1782(c). The Code of Federal Regulation into account their administrative use by disposition schedule. 31 CFR Part 206, § 206.4 states: ‘‘(a) All the agency of origin, the rights of the 12. Panama Canal Commission (N1– funds are to be collected and disbursed Government and of private persons 185–96–7). Audiovisual records by Electronic Funds Transfer (EFT) directly affected by the Government’s pertaining to routine administration when cost-effective, practicable, and activities, and historical or other value. functions. consistent with current statutory This public notice identifies the 13. Social Security Administrative authority.’’ Section 206.4(a)(4) further Federal agencies and their subdivisions (N1–047–96–4). Referral and monitoring states: ‘‘EFT will be adopted as the requesting disposition authority, agency records of beneficiary treatments standard method of payment for federal includes the control number assigned to for alcohol and drug addiction. program payments originated by Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55019 agencies or their agents.’’ On April 26, whose ultimate goal is to reform and the relevant role because the quality of 1996, President Clinton signed the improve America’s adult learning role performance impacts their omnibus budget bill which included the systems in order to enhance progress organization’s achievement of its goals/ Electronic Funds Transfer Act making it toward National Education Goal 6. This mission. mandatory for all federal agencies to aim will be achieved through the ‘‘Consensus-building’’ includes the make payments electronically by development of voluntary content development of a convincing public January 1, 1999. standards that communicate a clear argument for the use of ‘‘Equipped for Respondents: Federal and State Credit vision for what adults need to know and the Future’’ standards by key Unions. be able to do in their roles as citizen, constituencies and the conscious, Estimated Number of Respondents/ worker, and parent/family member and ongoing effort to expand the number of Recordkeepers: 12,000. the building of consensus about these individuals from key constituencies Estimated Burden Hours Per standards among key constituencies at involved in standards development, use, Response: 15 minutes. the grassroots, state, and national levels. marketing, and dissemination and to Frequency of Response: Once. DATES: Applications must be received at leverage the use of the standards at the Estimated Total Annual Burden the NIFL office by 4:30 pm on December national, state, and local levels by key Hours: 3,000 hours. 20, 1996; items delivered after that date segments of the workforce development Estimated Total Annual Cost: $8,640. will not be accepted. system. OMB Number: 3133–0053. Note to Applicants: This notice is a ‘‘Content Standards’’ are specific Form Number: 4501 and 9610. complete application package, except for descriptions of what adults need to Type of Review: Reinstatement, required forms. Together with the NIFL know and be able to do to perform the without change, of a previously Equipped for the Future Orientation Package, key activities identified in the standards approved collection for which approval and the statute authorizing the program and framework. has expired. applicable regulations governing the ‘‘Generative skills’’ are skills or Title: Report of Official. program, including the Education knowledge that are core to the Department General Administrative Description: 12 U.S.C. 1761, The performance of a wide range of tasks Federal Credit Union Act, expressly Regulations (EDGAR), this notice contains all the information, regulations and instructions found in multiple roles and that are mandates that federally-insured credit needed to apply for a grant under this durable over time in face of changes in unions submit a Report of Officials competition. technology, work processes, and annually to NCUA. occupational demand. Respondents: Federally-insured FOR FURTHER INFORMATION CONTACT: Sondra Stein, National Institute for ‘‘National Policy Group’’ is the body Credit Unions. of nationally-recognized leaders in Estimated Number of Respondents/ Literacy, 800 Connecticut Avenue, NW, Suite 200, Washington, DC 20006, TEL: literacy and workforce development Recordkeepers: 11,518. invited by the NIFL to provide policy Estimated Burden Hours Per 202–632–1508; FAX 202–632–1512, e- mail [email protected]. guidance and consensus-building Response: 30 minutes. support to the EFF initiative. Frequency of Response: Annually. SUPPLEMENTARY INFORMATION: ‘‘Performance Indicators’’ are Estimated Total Annual Burden Definitions descriptions of how achievement of the Hours: 5,979. content standards will be demonstrated. For purposes of this notice, the Estimated Total Annual Cost: None. They reflect the consensus of key following definitions apply: By the National Credit Union stakeholders identified for the role being ‘‘Literacy’’ is an individual’s ability to Administration Board on October 15, 1996. addressed. read, write, and speak in English, and Becky Baker, compute and solve problems at levels of ‘‘Planning Grant Recipients’’ are the Secretary of the Board. proficiency necessary to function on the eight projects that were funded to [FR Doc. 96–27158 Filed 10–22–96; 8:45 am] job and in society, to achieve one’s goals complete Phase 2 of the ‘‘Equipped for BILLING CODE 7535±01±U and develop one’s knowledge and the Future’’ initiative. These grants end potential (as stated in the National September 30, 1997. Literacy Act of 1991). ‘‘Purposes for Literacy,’’ based on NATIONAL INSTITUTE FOR LITERACY ‘‘Adult Literacy System’’ means all NIFL’s survey of adult learners, means the following four general purposes that [CFDA No. 84.257M] individuals, programs, and organizations that are involved, directly literacy serves in helping adults fulfill their roles: Application for Adult Learning System and indirectly, in the delivery of literacy • Providing access to information so Reform and Improvement Grant: Stage and basic skills services to adults. This adults can orient themselves in the II Collaborative Development of includes, but is not limited to, people world. Equipped for the Future (EFF) Adult and groups involved in literacy • Enabling adults to give voice to Literacy Standards Cooperative policymaking, research and their ideas and have an impact on the Agreements development, technical assistance, and service delivery. world around them. • AGENCY: The National Institute for ‘‘Adult Roles’’ means the following Enabling adults to make decisions Literacy. three major arenas of adult life and the and act independently, without needing ACTION: Notice. obligations that pertain to each: to rely on others. • Parent/family member. • Building a bridge to the future by SUMMARY: The National Institute for • Citizen. laying a foundation for continued Literacy invites applications for a grant • Worker. learning, so adults can keep up with the to support the development of content ‘‘Constituencies’’ are national, state or world as it changes. standards for the role of parent/family local organizations and individuals (in The EFF ‘‘Standards Framework’’ member through a consensus-building the public, nonprofit, and private describes the building blocks for EFF process. This grant will be part of the sectors) that have a stake in developing content and performance standards. It third phase of a four-phased initiative content and performance standards for provides a consensus definition, for 55020 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices each adult role, of the broad areas of • Make decisions and act Available Funds: $200,000. responsibility, key activities, and skills independently; and Estimated Number of Awards: One and knowledge adults require to fulfill • Build a bridge to the future, by award for the role of parent/family these roles; articulates the core elements learning how to learn in order to keep member. of a theory for adult learning based on up with the world as it changes. Estimated Amount of Each Award: Up the four learner-identified purposes for In October, 1995 the NIFL awarded to $200,000. literacy; demonstrates how the four eight one-year planning grants as the Project Period: One year, with an purposes enable us to identify the core second phase of this multi-year option to renew for up to two additional skills and knowledge that form the basis initiative to assure that adults are project years. Funds awarded are for the for content standards; and identifies ‘‘equipped for the future.’’ These first year only. planning grants provided the NIFL with criteria for EFF content and Description of Program performance standards for communicate considerable information regarding how what customers, investors, and partners to structure and carry out a national The overall purposes of the Equipped can expect from the adult literacy standards development initiative aimed for the Future initiative are to: • system. These elements link the at broad-reaching system reform. The Develop a new customer-driven framework explicitly to other standards grantees, working collaboratively with definition of adult literacy that development and implementation each other, with NIFL and its National demystifies the route to success in our efforts. Policy Group, developed a set of society for adult learners and clarifies ‘‘Validation’’ demonstrates the degree Guiding Principles for the conduct and the contributions of adult literacy to which the standards address the products of the Equipped for the Future programs to building that success. important aspects of role performance. initiative, and produced reports (due at • Engage broad-based support among ‘‘Human Resource Development NIFL July 15, 1996) that are currently key constituencies for a system of System’’ is the sum of the myriad of being synthesized to produce a draft human resource development that public and private programs that are standards framework, defining what effectively links literacy with industry linked by their focus on building the adults need to know and be able to do skill standards and K–12 academic skills and knowledge of youth and to be effective in their roles as parent/ standards as well as provides a common adults including: adults and family family member, worker, and citizen, framework for skills development across literacy programs, welfare-to-work that will be the basis for work in Phase myriad and diverse programs. programs, vocational education and 3 of EFF. • Develop a set of voluntary national training programs, school-to-work This solicitation of grant applications standards that show the portability of programs, industry-based skill standards addresses the third project phase: skills across the three adult roles and programs, K–12 education programs, standards development through make clear the knowledge and skills postsecondary education, Job Training consensus-building. This phase of the adults need to be ‘‘equipped for the Partnership Act programs, community Equipped for the Future initiative will future.’’ college/postsecondary education build on the results of Phase I and 2 of The specific objectives for grantees programs, employer-sponsored training EFF to create a strong foundation for funded for Phase 3 of the EFF initiative programs, apprenticeship programs, national reform of adults and family are to: one-stop career centers, dislocated literacy and basic skills education as (1) Build consensus at the national, worker programs, and related programs well as for an effective national system state, and local levels for the EFF vision, in the public, private, and nonprofit of workforce development. To achieve standards framework, and the standards sectors. this end, this phase of the Equipped for relevant to the role addressed in the the Future initiative will be developed grantee’s application; Background in partnership with the following (2) Develop and refine content The National Institute for Literacy Federal agencies: the U.S. Department of standards and performance indicators (NIFL) was created by the National Labor, Employment and Training for the role addressed by the grantee, Literacy Act of 1991 to provide a Administrative, for the role of worker; and, working in collaboration with the national focal point for literacy the U.S. Department to Education, National Institute for Literacy, its activities and to facilitate the pooling of Office of Elementary and Secondary Federal partners in this initiative, and ideas and expertise across a fragmented Education, for the role of parent/family the other grantees, across all three roles; field. NIFL is authorized to carry out a member. and wide range of activities that will Eligible Applicants: Applications will (3) Collaborate with the National improve and expand the system for be accepted from consortia of public Institute for Literacy, its Federal delivery of adult literacy services and private for-profit and not-for-profit partners, and the other grantees to create nationwide. organizations and agencies that meet the a national framework for reform of the In the first phase of this initiative, the following criteria: (a) Operate at a local, adult education and training delivery NIFL identified a common framework of state, regional (multi-state) and national systems. four fundamental purposes for literacy level; (b) include literacy consumer, Consortia receiving a grant under this that emerge from the writings of 1,500 practitioner, provider, administrator, program shall launch a standards adults in literacy programs nationwide. and funder constituencies; and (c) development and consensus-building As detailed in the NIFL report, include technical experts in standards initiative to provide a solid foundation Equipped for the Future: A Customer development and assessment. While for comprehensive, collaborative system Driven Vision for Adult Literacy and such consortia may include for-profit reform and improvement. This program Lifelong Learning, these four purposes organizations, no grant will be made to represents the third phase of a four- are to— a for-profit organization. phase initiative: • Gain access to information so adults Deadline for Transmittal of • Phase 1: Survey of 1,500 adult can orient themselves in the world; Applications: Applications must be learners to identify what they need to • Give voice to ideas, so that they will received at the NIFL office by 4:30 pm know and be able to do to be equipped be heard and can have an impact on the on December 20, 1996; items delivered for the future. This study, fully world around them; after that date will not be accepted. elaborated in the report Equipped for Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55021 the Future: A Customer-Driven Vision advisory group shall include • The New Standards Project and for Adult Literacy and Lifelong representatives of the key constituencies related academic content standards; and Learning, identified four purposes for for the role addressed as well as • Other efforts to identify appropriate literacy that enable adults to fulfill their technical expert(s) in standards performance results from learning, such responsibilities as parent, citizens, and development and assessment. The as the NIFL Performance Measurement workers. These purposes are to: project advisory group shall meet no Reporting Improvement Systems —Gain access to information so adults less than three times per year and be (PMRIS) initiative and the work of the can orient themselves in the world; comprised of individuals who National Association of State Directors —Give voice to ideas, so that they will legitimately represent a key of Adult Education to identify be heard and can have an impact on constituency whose buy-in is critical to performance outcomes for adult the world around them; achieving widespread acceptance of the education. —Make decisions and act standards. The project advisory group This work will result in a fully independently; members shall represent national, state, elaborated consensus standards —Build a bridge to the future, by and grassroots constituencies (both framework for EFF by April 1997. learning how to learn in order to keep organizations and individuals) and be 3. Develop content standards and up with the world as it changes. charged with ensuring buy-in and related performance indicators for what adults need to know and be able to do • Phase 2: Planning grants to eight formal approval of the draft standards to fulfill their roles as parent/family organizations and consortia of by the constituency they represent. While project advisory group member, citizen and worker. The organizations to engage key literacy content standards and performance constituencies (learners, practitioners, membership will vary from role to role (see #3 below), all groups shall include indicators shall be developed within the and other stakeholders) in building a common standards framework described common understanding of the four adult representatives of adult learners and practitioners. above, jointly elaborated and refined by learner-defined purposes for literacy as the three grantees and NIFL with the 2. Work in collaboration with the they relate to the adult roles of parent/ guidance of NIFL’s Federal partners and other two grantees, the NIFL, its Federal family member, citizen, and worker. its National Policy Group, and through partners, and the Equipped for the The result of this phase will be a ongoing collaboration with key Future National Policy Group, to refine common standards framework constituencies (including adult learners the common standards framework for (completed October, 1996) defining and teachers) so they are grounded in Equipped for the Future starting with what an adult needs to know and be the needs of these constituencies. able to do in each of the key roles, and the draft framework developed in the The content standards and a common vision of system reform. second phase of the EFF initiative. The performance indicators development • Phase 3: Further development and framework will ensure that: • process must demonstrate that key refinement of the Equipped for the The standards for each role are constituencies have participated and Future standards framework, resulting based on a consensus map of the broad contributed to the standards in: areas of responsibility for that role, key development and that the grantee’s —A consensus map of the broad areas activities within those areas of advisory group has approved the of responsibility, key activities and responsibility, and what adults need to standards developed as a basis for knowledge and skills for each role; know and be able to do to perform those national validation. —Development of content standards for key activities; The standards development process each adult role and across all three • That skills and knowledge common must incorporate significant adult roles; to more than one role are clearly collaboration with the key —Development of performance identified and result in the development constituencies to assure that the indicators for each standard; of content standards across the three standards are customer-driven (e.g., —Engaging key constituencies, roles; through group processes for standards including adult literacy programs, in • The standards development process refinement with key constituencies and developing and refining content is based on common definitions and other methods for constituency standards and performance indicators assumptions about the development and involvement and feedback throughout in order to build support for the use of content standards and the developmental process). Group standards and their use; performance indicators; process for standards development and —Development of a strategy for • The standards share a common refinement must include mechanisms validation of content standards and format and structure. for assuring on-going piloting of content performance indicators through pilot The standards framework and the standards in adult education and implementation in adult education resulting standards shall build upon a training classrooms in multiple delivery systems. thorough familiarity with key locations across the country. Content • Phase 4: Implement system reform documents and major initiatives standards with the performance initiatives that are based on the supported by NIFL’s Federal partners, indicators will be identified by July, Equipped for the Future Standards. including the U.S. Departments of 1997. During the grant period—January 1, Education, Labor; and Health and 4. Actively engage key constituencies 1997 to December 31, 1997, the grantee Human Services, as well as other local, in the standards development process in will engage in the following activities: state and national efforts including: order to build ownership and support of 1. Establish a national project • The SCANS/NJAS (the Secretary’s the standards and to assure they are advisory group to provide broad Commission on Achieving Necessary truly ‘‘customer-driven.’’ (January 1997 guidance and assure that all key Skills/the National Job Analysis Study) through December, 1997). Key constituencies for the role addressed by and O*NET initiatives, U.S. Department constituencies/end users who are the grant applicant have a meaningful of Labor; critical to assuring widespread use of role in the standards development • The work of the National Skill the standards must be identified in the process, leading to buy-in and formal Standards Board and other national skill grant application. They key approval of the draft standards. The standards initiatives; constituencies/end users identified 55022 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices should include but not be limited to include the unique needs of the to students, educators, employers and teachers, learners, employers, parents, applicant as well as needs that are workers (further information in EFF civic organizations, and other standards- common to all grantees. The NIFL will Orientation Packet). setting initiatives related to the role engage technical assistance services to Using the draft materials from Phase being addressed by the grantee. support the work of the EFF projects 2 provided in the EFF Orientation For the role of parents, these under this grant. Packet, the applicant should constituencies should include such 7. Participate in two, three-day project demonstrate its technical approach to groups as the National Coalition for meetings in, March 1997 and July 1997 standards development, including the Parental Involvement in Education, the in Washington, DC. specific standards development issues National Head Start Association, the 8. Participate in monthly project to be addressed in moving to a common National Coalition for Family Resources, conference calls of two hours duration. standards framework that embraces all the National Association of Child Care 9. Maintain regular e-mail and other three adult roles. Resource and Referral Agencies, Even contact with other grantees throughout (2) Plan of Operation includes the Start State Coordinators, The Center for the grant period, in order to maximize project goal and objectives, work plan, Law and Education, the National sharing of information and assure the timeline, and project management plan. Education Association, the American development of standards within a The applicant’s plan of operation Federation of Teachers, Parent-Teacher common framework. should include: 10. Cooperate with a third-party Associations, and Even Start, Head Start (a) What techniques the applicant will evaluation of the standards and other family literacy providers. use for refining the standards development and constituency-building For the role of worker, these framework, developing content process, lessons learned and outcomes, constituencies should include such standards, and identifying performance providing project reports and other groups as: employers and employer indicators; associations, unions, the National Skill project documentation to the evaluation (b) how the applicant will involve key Standards Board, State Human Resource team, participating in interviews, and constituencies in project Investment Councils, State skill assisting in collecting evaluation data, decisionmaking and standards standards initiatives, local private and in other ways cooperating with the development, implementation, industry councils and job training project evaluation. marketing/dissemination, and administrative organizations, Proposal Narrative: validation tasks; apprenticeship or other training (c) how the applicant will work with sponsored by organized labor, school-to- The applicant’s proposal narrative work, workplace literacy, and providers must be organized and contain the the two other grantees to assure that the of other related programs. information as described in the standards share a common format, For the role of citizens, these following sections. structure, and language and that this constituencies should include such (1) Approach of Standards initiative results in a unified standards groups as the Center for Civic Development for System Reform framework and consistency in the Education, developers of the National describes the applicant’s view of why standards across the three grantees; and Standards for Civics and Government standards development is important in (d) how the applicant will document (K–12 education), Kettering Foundation/ the adult literacy and human resource and monitor project processes and National Issues Forum, American Bar development field and how the results. Association, League of Women Voters, applicant envisions standards being (3) Organizational Capability National League of Cities, VERA, The used to improve the quality of the demonstrates the ability and experience Center for Civic Literacy, the National service delivery system. This section of the applicant and the members of its Urban League, and other grassroots, also includes the applicant’s criteria for consortium to perform the tasks state and national organizations and effective standards, philosophy of required in this project and its skills, associations that focus on civil rights, standards development and consensus- technical expertise and knowledge in neighborhood action, etc. building, and an overview of the key standards development, adult literacy 5. By October 30, 1997, develop a features of the applicant’s approach for instruction, and consensus-building plan for nationwide validation and supporting the purposes of the EFF among diverse constituencies at the implementation of the content standards initiative and achieving the project national, state, and local levels. and related performance indicators in objectives described above. (4) Qualifications of Key Personnel adult education and job training In particular, the applicant should describes the qualifications of each staff delivery systems, in cooperation with describe its approach to effectively person for the project position to which NIFL, its Federal partners, the National building on the work accomplished in they have been assigned, identifies his/ Policy group and the other grantees. Phases 1 and 2 of the Equipped for the her employing organization, and These plans should reflect the use of the Future Initiative and related work provides an overview of his/her EFF standards in building linkages with appropriate to each role. This work is experience, knowledge, and capability other key components of the nations particularly substantial for the role of to perform the work described as workforce development system. worker, including the U.S. Department demonstrated by the conduct of similar Validation strategies may also include of Labor’s work on SCANS, the National work in related settings. national surveys, constituency group Job Analysis Study which builds on (5) Demonstrated Commitment of review and analysis of the standards or SCANS to identify the work activities Partners and Key Constituencies similar strategies. The elements and that are critical in the most competitive provides evidence (e.g., letters of criteria for the validation process will be business environments, the O*NET to commitment) that show that (a) project developed jointly with NIFL and the replace the DOT with a relational advisory board members and other other grantees. database that contains comprehensive partners in the consortia understand 6. Identify technical assistance information about worker requirements their roles and are prepared to fulfill needed to assure the success of steps 1– and characteristics, experience them at the level described in the 5 above of the EFF initiative. Technical requirements and occupational proposal; and (b) key constituencies assistance requirements are expected to requirements and characteristics useful significant to the relevant role are Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55023 supportive of the applicant’s grant practitioners as well as other key (d) the inclusion among the staff of application. constituencies in these activities; and individuals with specific expertise, (iii) addresses the 10 key project including; Selection Criteria activities and dates described in the (i) individuals with demonstrated In evaluating applications for a grant Description of Program above; experience in related standards under this competition, the Director (c) the quality of the applicant’s plan development efforts; uses the following selection criteria for working with the two other grantees (ii) individuals with direct experience (Total 105 points): to assure that the standards share a in adult literacy instruction and/or (1) Approach to Standards common format, structure, and curriculum development; and Development (30 points): The Director language, including strategies (iii) individuals with a broad reviews each application to determine recommended to assure this initiative understanding of the workforce the extent to which the applicant’s results in a unified standards framework development system and the ability to approach to standards development and and consistency in the standards across leverage the involvement of influential consensus-building is appropriate to the three grantees; representatives from other program achieving the goals of Equipped for the (d) the quality of the applicant’s plan areas that constitute this system. Future, including: to involve key constituencies in project (4) Commitment of Partners and Key (a) the extent to which the applicant’s decisionmaking and standards Constituencies (15 points); The Director proposed approach to standards development, implementation, reviews each application to determine development: marketing/dissemination, and the quality of the plan for engaging (i) demonstrates knowledge and validation tasks; partners and key constituencies, understanding of the Equipped for the (e) the soundness of the plan for including: Future Initiative, its products to date documenting and monitoring the project (a) the extent to which the applicant and long term goals; processes and results. has; (ii) demonstrates knowledge of and (3) Organizational Capability and (i) assembled a national advisory understanding of key documents and Qualifications of Key Personnel (25 group that represents key constituencies initiatives related to the role it proposes points): The Director reviews each for their rule; and to develop standards for; including the application to determine the capability (iii) secured written documentation of research literature; of the applicant to achieve the goals of each member’s ability to represent that (iii) builds on the first two project the project including: constituency on the advisory group; phases and other related initiatives (a) the extent to which the applicant (b) the extent to which the applicant rather than ‘‘reinventing’’ that work; and provides a full description of each of the has identified other appropriate (iv) demonstrates a philosophy of organizations that make up the constituencies to participate in the collaborative standards development consortium, including how that project; that is consistent with the EFF approach organization contributes to the (c) the quality of the applicant’s plan and philosophy; consortium’s experience and capability for assuring that each constituency has (b) the extent to which the applicant’s to: the opportunity for appropriate and (i) lead a broad-based collaborative proposed approach leverages standards meaningful involvement in project national process for adult learning development tasks to build consensus activities; systems reform and improvement that is among key constituencies and effect (d) the explicit and documented standards-driven; system reform; commitment of each constituency to (c) the quality of the technical (ii) develop technically defensible customer-driven content standards of participate in the project. approach demonstrated in the (5) Budget and Cost Effectiveness (5 what adults need to know and be able applicant’s evaluation of the draft points): The Director reviews each standards in the EFF Orientation Packet, to do, related performance indicators and validate them on a national basis; application to determine the extent to including the identification of specific and which: issues and challenges to be addressed in (iii) leverage the commitment and (a) The budget is adequate to support moving to a common standards involvement of key constituencies at the grant activities; framework that embraces all three adult national, state, and local levels; (b) The costs are reasonable in roles. (b) the soundness of the staffing and relation to the objectives of the project; (2) Plan of Operation (30 points): The organization plan for the consortium, (c) The budgets for any subcontracts Director reviews each application to including are detailed and appropriate; and determine the quality of the plan for (i) how roles and responsibilities will (d) The budget details any resources, developing standards and building be assigned among the organizations cash or in-kind, that the applicant will consensus among key constituencies, within the consortium to assure clear provide or seek in order to supplement including: lines of decisionmaking and effective grant funds. (a) the extent to which the applicant use of each organization’s strengths; Other Application Requirements states clear and measurable goals and (ii) a statement of clear performance objectives for the project; objectives for key staff; The application shall include the (b) the extent to which the applicant (iii) the scope and nature of their following: provides a fully detailed plan and responsibilities; Project Summary: The proposal must timeline for achieving these goals which (iv) the level of effort they will devote contain a one page summary of the (i) includes specific strategies and to this project; and proposed project suitable for techniques for refining the standards (v) the inclusion of a project publication. It should not be an abstract framework, developing and refining organization chart; of the application, but rather a self- content standards, and identifying (c) the extent to which staff assigned contained description of the project performance indicators on a national to key positions include appropriate goals, approach and the activities basis; qualifications, in terms of knowledge, proposed. The summary must include (ii) identifies specific mechanisms for experience and proven capability to the following information: involving adult learners and perform the work described; a. Name of applicant organization. 55024 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

b. Description of the consortium work described in this section of the (3) The applicant must indicate on the proposing the project and the key application. envelope and in Item 10 of the constituencies represented. Current and Pending Support: All Application for Federal Assistance (ED c. Adult role to be addressed in the current project support from whatever Form 424 [Revised 4/94]) the X257M plan: parent/family member. source (such as Federal, State, or local number of the competition under which Proposal Narrative: This narrative government agencies, private the application is being submitted. should not exceed twenty (20) single- foundations, commercial organizations) Application Forms: The appendix to spaced pages, or forth (40) double- must be listed. The list must include the this announcement is divided into three spaced pages. The narrative may be proposed projects and all other projects parts plus a statement regarding amplified by material in attachments requiring a portion of time of the Project estimated public reporting burden and and appendices, but the body should Director and other project personnel, various assurances and certifications. stand alone to give a complete picture even if they receive no salary support These parts and additional materials are of the project. Applications which from the project(s). The number of organized in the same manner that the exceed 20 single-spaced pages or 40 person-months or percentage of effort to submitted application should be double-spaced pages will not be be devoted to the projects must be organized. The parts and additional reviewed. stated, regardless of source of support. materials are as follows: Summary Proposal Budget: The Similar information must be provided Part I: Application for Federal proposal must contain a budget for for all proposals that are being assistance (ED Form 424, Rev. 4–94) and support requested. The budget format considered by or will be submitted soon instructions. may be reproduced as needed. to other sponsors. Part II: Budget Information—Non- Facsimiles may be used, but do not If the project now being submitted has Construction Programs (ED Form 524) make substitutions in prescribed budget been funded previously by another and instructions. categories. Additional pages for budget source, the information requested in the Part III: Application Narrative. explanation and amplification should be paragraph above should be furnished for Additional Materials attached and must be consistent with the immediately preceding funding the data and categories on the form. All period. If the proposal is being Estimated Public Reporting Burden. budget requests must be documented submitted to other possible sponsors, all Assurances—Non-Construction and justified. of them must be listed. Concurrent Programs (Standard Form 424B). The Institute is reviewing the submission of a proposal to other Certification Regarding Lobbying; possibility of restricting indirect cost to organizations will not prejudice its Debasement, Suspension, and other 8% for this grant. review by the Institute. Responsibility Matters; and Drug-Free Budget Proposal: The Budget proposal Workplace Requirements (ED 90–0013). should be a separate document. Any fee proposed to paid to be a collaborating or ‘‘partner’’ for-profit Certification Regarding Debarment, Personnel items should include the Suspension, Ineligibility and Voluntary names (or position titles) of key staff, entity should be indicated. (Fees will be negotiated by the Grants Officer.) Any Exclusion: Lower Tier Covered number of hours, and applicable hourly Transactions (ED 80–0014, 9/90) and rates. Discussion of equipment, copyright, patent or royalty agreements (proposed or in effect) must be instructions. supplies, and travel should include both Disclosure of Lobbying Activities described in detail, so that the rights the cost and the purpose and (Standard Form LLL) (if applicable) and and responsibilities of each party are justification. Budgets should include all instructions. made clear. If any part of the project is applicant’s costs and should identify Note: ED 80–0014 is intended for the use contributed costs, and support from to be subcontracted, a budget and work plan prepared and duly signed by the of recipients and should not be transmitted other sources, if any. Sources of support to the National Institute for Literacy. should be clearly identified in all subcontractor must be submitted as part instances. The financial aspects of any of the overall application and addressed An applicant may submit information cost sharing and joint or cooperative in the narrative. on a photostat copy of the application and budget forms, the assurances and funding by members of a consortium Instructions for Transmittal of the certifications. However, the formed for purposes of the applications Applications should be shown in a detailed for each application form, the assurances, and (1) The original and two (2) copies of party. These budgets should reflect the certifications must each have original the application must be received by arrangements among the parties, and certifications and must each have an December 20, 1996, at the address should show exactly what cost-sharing original signature. No award can be below. Applicants are encouraged, but is proposed for each budget item. made unless a completed application Disclosure Of Prior Institute Support: not required, to submit three (3) has been received. If any subcontractor, partner, additional copies of the application, but Grant Administration: The consortium member, or organization has will not be penalized if additional administration of the grant is governed received Institute funding in the past copies are not received. National by the conditions of the award letter. two years, the following information on Institute for Literacy, 800 Connecticut The Education Department General Avenue, NW, Suite 200, Washington, Administrative Regulations, (EDGAR) the prior awards is required: #84.257Μ). • Institute award number, amount DC 20006, Attention: (CFDA 34 CFR Parts 4, 75, 77, 79, 80, 81, 82, and period of support; (2) The National Institute for Literacy 85 and 86 (July 1, 1993), set forth • A summary of the results of the will mail a Grant Applicant Receipt administrative and other requirements. completed work; and Acknowledgment to each applicant. If This document is available through your • A brief description of available an applicant fails to receive the public library and the National Institute materials and other related research notification of application receipt for Literacy. It is recommended that products not describe elsewhere. within 15 days from the date of mailing appropriate administrative officials If the applicant has received a prior the application, the applicant should become familiar with the policies and award, the reviewers will be asked to call the National Institute of Literacy at procedures in the EDGAR which are comment on the quality of the prior (202) 632–1500. applicable to this award. If a proposal is Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55025 recommended for an award, the Grants Institute for Literacy Advisory Board Dated: October 17, 1996. Officer will request certain (Board). This notice also describes the Carolyn Staley, organizational, management, and function of the Board. Notice of this Deputy Director, National Institute for financial information. meeting is required under Section Literacy. The following information on grant 10(a)(2) of the Federal Advisory [FR Doc. 96–27114 Filed 10–22–96; 8:45 am] administration dealing with questions Committee Act. This document is BILLING CODE 6055±01±M such as General Requirements, Prior intended to notify the general public of Approval Requirements, Transfer of their opportunity to attend the meeting. Project Director, and Suspension or NUCLEAR REGULATORY DATE AND TIME: November 8, 1996, 9:30 termination of Award, should be COMMISSION referred to the Grants Officer. AM to 4:30 PM. Reporting: In addition to working ADDRESSES: National Institute for Agency Information Collection closely with the Institute, the applicant Literacy, 800 Connecticut Avenue, NW, Activities: Submission for OMB will be required to submit an annual Review; Comment Request report of activities, and other products Suite 200, Washington, DC 20006. as described in the DESCRIPTION OF FOR FURTHER INFORMATION CONTACT: AGENCY: U. S. Nuclear Regulatory Commission (NRC). PROGRAM above and in the cooperative Carolyn Staley, Deputy Director, ACTION: Notice of the OMB review of agreement between the applicant and National Institute for Literacy, 800 the NIFL. information collection and solicitation Connecticut Avenue, Suite 200, Acknowledgment of Support and of public comment. Disclaimer: An acknowledgment of Washington, DC 20006. Telephone (202) Institute support and a disclaimer must 632–1526. SUMMARY: The NRC has recently appear in publications of any material, SUPPLEMENTARY INFORMATION: The Board submitted to OMB for review the whether copyrighted or not, based on or is established under Section 384 of the following proposal for the collection of developed under NIFL-supported Adult Education Act, as amended by information under the provisions of the Paperwork Reduction Act of 1995 (44 projects: ‘‘This material is based upon Title I of P.O. 102–73, the National U.S.C. Chapter 35). The NRC hereby work supported by the National Literacy Act of 1991. The Board consists informs potential respondents that an Institute for Literacy under Grant No. of ten individuals appointed by the (Grantee should enter NIFL grant agency may not conduct or sponsor, and President with the advice and consent that a person is not required to respond number).’’ of the Senate. The Board is established Except for articles of papers published to, a collection of information unless it to advise and make recommendations to displays a currently valid OMB control in professional journals, the following the Interagency Group, composed of the disclaimer should be included: ‘‘Any number. Secretaries of Education, Labor, and opinion, findings, and conclusions or 1. Type of submission, new, revision, Health and Human Services, which recommendations expressed in this or extension: Extension. administers the National Institute for material are those of the authors) and do 2. The title of the information not necessarily reflect the views of the Literacy (Institute). The Interagency collection: Generic Letter 91–02, National Institute for Literacy.’’ Group considers the Board’s ‘‘Reporting Mishaps Involving LLW recommendations in planning the goals Forms Prepared for Disposal’’. Instructions for Estimated Public of the Institute and in the 3. The form number if applicable: Not Reporting Burden implementation of any programs to applicable. According to the Paperwork achieve the goals of the Institute. 4. How often the collection is Reduction Act of 1995, no persons are Specifically, the Board performs the required: Reports are made only when required to respond to a collection of following functions: (a) makes the licensee or waste processor information unless it displays a valid recommendations concerning the experiences a mishap that is reportable OMB control number. The valid control appointment of the Director and the under the guidelines described in the number for this information collection staff of the Institute; (b) provides Generic Letter. is 3200–0033, Expiration date August independent advice on operation of the 5. Who will be required or asked to 1999. The time required to complete Institute; and (c) receives reports from report: Nuclear power reactor licensees this information collection is estimated the Interagency Group and Director of and Agreement State and non- to average 80 hours per response, the Institute. In additional, the Institute Agreement State waste processors and including the time to review consults with the Board on the award of disposal site operators. instructions, search existing data fellowships. The Board will meet in 6. An estimate of the number of responses: 34. resources, gather the data needed, and Washington, DC on November 8, 1996 7. The estimated number of annual complete and review the information from 9:30 am to 4:30 am. The meeting respondents: 34. collection. of the Board is open to the public. The Carolyn Staley, 8. An estimate of the total number of agenda will include introductions of the hours needed annually to complete the Deputy Director, National Institute for new Advisory Board members, a review Literacy. requirement or request: 272 hours (an of the recently completed strategic plan, average of 8 hours per response). [FR Doc. 96–27115 Filed 10–22–96; 8:45 am] an overview of the major projects of the 9. An indication of whether Section BILLING CODE 6055±01±M Institute, and a discussion of future 3507(d), Pub. L. 104–13 applies: Not directions for the organization. Records applicable. are kept of all Board proceedings and 10. Abstract: Generic Letter 91–02 National Institute for Literacy Advisory are available for public inspection at the Board; Notice of Meeting encourages voluntary reporting (by both National Institute for Literacy, 800 waste form generators and processors) of SUMMARY: This Notice sets forth the Connecticut Avenue, NW, Suite 200, information concerning mishaps to low- schedule and proposed agenda of a Washington, DC 20006 from 8:30 a.m. to level radioactive waste (LLW) forms forthcoming meeting of the National 5:00 p.m. prepared for disposal. The information 55026 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices is used by NRC to determine whether September 6, 1996, would represent a satisfy or fall within any of the four followup action is necessary to assure full conversion from the current criteria specified in the Commission’s protection of public health and safety. Technical Specifications (TSs) to a set of policy statement and may be relocated A copy of the submittal may be TS based on NUREG–1433, Revision 1, to appropriate licensee-controlled viewed free of charge at the NRC Public ‘‘Standard Technical Specifications for documents. Document Room, 2120 L Street, NW., General Electric Plants, BWR/4,’’ dated The licensee’s application of the (Lower Level), Washington, DC. April 1995. NUREG–1433 has been screening criteria is described in Members of the public who are in the developed through working groups Enclosure 1 of their September 6, 1996, Washington, DC, area can access the composed of both NRC staff members application titled ‘‘Browns Ferry submittal via modem on the Public and the BWR/4 owners and has been Nuclear Plant, Application of Selection Document Room Bulletin Board (NRC’s endorsed by the staff as part of an Criteria.’’ The affected structures, Advance Copy Document Library) NRC industry-wide initiative to standardize systems components or variables are not subsystem at FedWorld, 703–321–3339. and improve TS. As part of this assumed to be initiators of analyzed Members of the public who are located submittal, the licensee has applied the events and are not assumed to mitigate outside of the Washington, DC, area can criteria contained in the Commission’s accident or transient events. The dial FedWorld, 1–800–303–9672, or use ‘‘Final Policy Statement on Technical requirements and surveillances for these the FedWorld Internet address: Specification Improvements for Nuclear affected structures, systems, fedworld.gov (Telnet). The document Power Reactors (final policy components or variables will be will be available on the bulletin board statement),’’ published in the Federal relocated from the TS to for 30 days after the signature date of Register on July 22, 1993 (58 FR 39132), administratively controlled documents this notice. If assistance is needed in to the current Browns Ferry TSs, and, such as the Final Safety Analysis accessing the document, please contact using NUREG–1433 as a basis, Report, the BASES, the Technical the FedWorld help desk at 703–487– developed a proposed set of improved Requirements Manual or plant 4608. Additional assistance in locating TSs for BFN. The criteria in the final procedures. Changes made to these the document is available from the NRC policy statement were subsequently documents will be made pursuant to 10 Public Document Room, nationally at 1– added to 10 CFR 50.36, ‘‘Technical CFR 50.59 or other appropriate control 800–397–4209, or within the Specifications,’’ in a rule change which mechanisms. In addition, the affected Washington, DC, area at 202–634–3273. was published in the Federal Register structures, systems, components or Comments and questions should be on July 19, 1996 (60 FR 36953) and variables are addressed in existing directed to the OMB reviewer by became effective on August 18, 1995. surveillance procedures which are also November 22, 1996: Edward The licensee has categorized the subject to 10 CFR 50.59. These proposed Michlovich, Office of Information and proposed changes to the existing TSs changes will not impose or eliminate Regulatory Affairs (3150–0156), NEOB– into four general groupings. These any requirements. 10202, Office of Management and groupings are characterized as More restrictive changes are those Budget, Washington, DC 20503. administrative changes, relocated involving more stringent requirements Comments can also be submitted by changes, more restrictive changes, and for operation of the facility. These more telephone at (202) 395–3084. less restrictive changes. stringent requirements do not result in The NRC Clearance Officer is Brenda Administrative changes are those that operation that will alter assumptions Jo. Shelton, (301) 415–7233. involve restructuring, renumbering, relative to mitigation of an accident or rewording, interpretation and complex transient event. The more restrictive Dated at Rockville, Maryland, this 15th day rearranging of requirements and other requirements will not alter the operation of October 1996. changes not affecting technical content of process variables, structures, systems For the Nuclear Regulatory Commission. or substantially revising an operational and components described in the safety Gerald F. Cranford, requirement. The reformatting, analyses. For each requirement in the Designated Senior Official for Information renumbering and rewording process current BFN TSs that is more restrictive Resources Management. reflects the attributes of NUREG–1433 than the corresponding requirement in [FR Doc. 96–27160 Filed 10–22–96; 8:45 am] and do not involve technical changes to NUREG–1433 which the licensee BILLING CODE 7590±01±P the existing TSs. The proposed changes proposes to retain in the ITS, they have include: (a) Providing the appropriate provided an explanation of why they numbers, etc., for NUREG–1433 have concluded that retaining the more [Docket Nos. 50±259, 50±260 and 50±296] bracketed information (information restrictive requirement is desirable to Tennessee Valley Authority; Notice of which must be supplied on a plant- ensure safe operation of the facilities Consideration of Issuance of specific basis, and which may change because of specific design features of the Amendments To Facility Operating from plant to plant), (b) identifying plant. Licenses and Opportunity for a plant-specific wording for system Less restrictive changes are those Hearing names, etc., and (c) changing NUREG– where current requirements are relaxed 1433 section wording to conform to or eliminated, or new flexibility is The U.S. Nuclear Regulatory existing licensee practices. Such provided. The more significant ‘‘less Commission (NRC, the Commission) is changes are administrative in nature restrictive’’ requirements are justified on considering issuance of an amendment and do not impact initiators of analyzed a case-by-case basis. When requirements to Facility Operating License Nos. DPR– events or assumed mitigation of have been shown to provide little or no 33, DPR–52 and DPR–68 issued to the accident or transient events. safety benefit, their removal from the Tennessee Valley Authority (TVA or the Relocated changes are those involving TSs may be appropriate. In most cases, licensee) for operation of the Browns relocation of requirements and relaxations previously granted to Ferry Nuclear Plant (Browns Ferry, surveillances for structures, systems, individual plants on a plant-specific BFN), Units 1, 2 and 3, located in components or variables that do not basis were the result of (a) generic NRC Limestone County, Alabama. meet the criteria for inclusion in the actions, (b) new NRC staff positions that The proposed amendments, requested TSs. Relocated changes are those have evolved from technological by the licensee in a letter dated current TS requirements which do not advancements and operating Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55027 experience, or (c) resolution of the and at the local public document room or fact. Contentions shall be limited to Owners Groups’ comments on the located at the Athens Public Library, matters within the scope of the improved Standard Technical 405 E. South Street, Athens Alabama. If amendment under consideration. The Specifications. Generic relaxations a request for a hearing or petition for contention must be one which, if contained in NUREG–1433 were leave to intervene is filed by the above proven, would entitle the petitioner to reviewed by the staff and found to be date, the Commission or an Atomic relief. A petitioner who fails to file such acceptable because they are consistent Safety and Licensing Board, designated a supplement which satisfies these with current licensing practices and by the Commission or by the Chairman requirements with respect to at least one NRC regulations. The licensee’s design of the Atomic Safety and Licensing contention will not be permitted to will be reviewed to determine if the Board Panel, will rule on the request participate as a party. specific design basis and licensing basis and/or petition; and the Secretary or the Those permitted to intervene become are consistent with the technical basis designated Atomic Safety and Licensing parties to the proceeding, subject to any for the model requirements in NUREG– Board will issue a notice of hearing or limitations in the order granting leave to 1433 and, thus, provides a basis for an appropriate order. intervene, and have the opportunity to these revised TSs or if relaxation of the As required by 10 CFR 2.714, a participate fully in the conduct of the requirements in the current TSs is petition for leave to intervene shall set hearing, including the opportunity to warranted based on the justification forth with particularity the interest of present evidence and cross-examine provided by the licensee. the petitioner in the proceeding, and witnesses. In addition to the above changes how that interest may be affected by the A request for a hearing or a petition related to conversion of the current TSs results of the proceeding. The petition for leave to intervene must be filed with to be similar to the ISTS in NUREG should specifically explain the reasons the Secretary of the Commission, U.S. 1433, the licensee has proposed three why intervention should be permitted Nuclear Regulatory Commission, less restructive changes that are not with particular reference to the Washington, DC 20555–0001, Attention: considered within the scope of the following factors: (1) The nature of the Docketing and Services Branch, or may normal ISTS conversion process. The petitioner’s right under the Act to be be delivered to the Commission’s Public first change would allow two Residual made party to the proceeding; (2) the Document Room, the Gelman Building, Heat Removal (RHR) Low Pressure nature and extent of the petitioner’s 2120 L Street, NW., Washington, DC, by Coolant Injection ((LPCI) pumps (two in property, financial, or other interest in the above date. Where petitions are filed one loop or one in both loops) to be the proceeding; and (3) the possible during the last 10 days of the notice inoperable for 7 days provided other effect of any order which may be period, it is requested that the petitioner low pressure emergency core cooling entered in the proceeding on the promptly so inform the Commission by system (ECCS) pumps are operable. petitioner’s interest. The petition should a toll-free telephone call to Western Current TS requirements allow only one also identify the specific aspect(s) of the Union at 1–(800) 248–5100 (in Missouri LPCI pump to be inoperable. The subject matter of the proceeding as to 1–(800) 342–6700). The Western Union second proposed change would require which petitioner wishes to intervene. operator should be given Datagram only two ECCS subsystems to be Any person who has filed a petition for Identification Number N1023 and the operable during shutdown. The current leave to intervene or who has been following message addressed to TSs, which defines subsystems in the admitted as a party may amend the Frederick J. Hebdon, Director, Project same manner as the ISTS, require three petition without requesting leave of the Directorate II–3: petitioner’s name and subsystems to be operable. The third Board up to 15 days prior to the first telephone number; date petition was proposed change would reduce the prehearing conference scheduled in the mailed; plant name; and publication number of Residual Heat Removal proceeding, but such an amended date and page number of this Federal Service Water (RHRSN) pumps required petition must satisfy the specificity Register notice. A copy of the petition to be operable under certain conditions. requirements described above. should also be sent to the Office of the Before issuance of the proposed Not later than 15 days prior to the first General Counsel, U.S. Nuclear license amendments, the Commission prehearing conference scheduled in the Regulatory Commission, Washington, will have made findings required by the proceeding, a petitioner shall file a DC 20555–0001, and to General Atomic Energy Act of 1954, as amended supplement to the petition to intervene Counsel, Tennessee Valley Authority, (the Act) and the Commission’s which must include a list of the 400 West Summit Drive, ET 10H, regulations. By November 22, 1996, the contentions which are sought to be Knoxville, Tennessee, 37902, attorney licensee may file a request for a hearing litigated in the matter. Each contention for the licensee. with respect to issuance of the must consist of a specific statement of Nontimely filings of petitions for amendment to the subject facility the issue of law or fact to be raised or leave to intervene, amended petitions, operating license and any person whose controverted. In addition, the petitioner supplemental petitions and/or requests interest may be affected by this shall provide a brief explanation of the for hearing will not be entertained proceeding and who wishes to bases of the contention and a concise absent a determination by the participate as a party in the proceeding statement of the alleged facts or expert Commission, the presiding officer or the must file a written request for a hearing opinion which support the contention presiding Atomic Safety and Licensing and a petition for leave to intervene. and on which the petitioner intends to Board that the petition and/or request Requests for a hearing and a petition for rely in proving the contention at the should be granted based upon a leave to intervene shall be filed in hearing. The petitioner must also balancing of the factors specified in 10 accordance with the Commission’s provide references to those specific CFR 2.714(a)(1) (i)–(v) and 2.714(d). ‘‘Rules of Practice for Domestic sources and documents of which the If a request for a hearing is received, Licensing Proceedings’’ in 10 CFR Part petitioner is aware and on which the the Commission’s staff may issue the 2. Interested persons should consult a petitioner intends to rely to establish amendment after it completes its current copy of 10 CFR 2.714 which is those facts or expert opinion. Petitioner technical review and prior to the available at the Commission’s Public must provide sufficient information to completion of any required hearing if it Document Room, the Gelman Building, show that a genuine dispute exists with publishes a further notice for public 2120 L Street, NW., Washington, DC, the applicant on a material issue of law comment of its proposed finding of no 55028 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices significant hazards consideration in no significant hazards consideration. the subject facility operating license and accordance with 10 CFR 50.91 and Under the Commission’s regulations in any person whose interest may be 50.92. 10 CFR 50.92, this means that operation affected by this proceeding and who For further details with respect to this of the facility in accordance with the wishes to participate as a party in the action, see the application for proposed amendment would not (1) proceeding must file a written request amendments dated September 6, 1996, involve a significant increase in the for a hearing and a petition for leave to which is available for public inspection probability or consequences of an intervene. Requests for a hearing and a at the Commission’s Public Document accident previously evaluated; or (2) petition for leave to intervene shall be Room, the Gelman Building, 2120 L create the possibility of a new or filed in accordance with the Street NW., Washington, DC. and at the different kind of accident from any Commission’s ‘‘Rules of Practice for local public document room located at accident previously evaluated; or (3) Domestic Licensing Proceedings’’ in 10 the Athens Public Library, 405 E. South involve a significant reduction in a CFR Part 2. Interested persons should Street, Athens, Alabama. margin of safety. The basis for this consult a current copy of 10 CFR 2.714 Dated at Rockville, Maryland, this 17th day proposed determination for each which is available at the Commission’s of October 1996. amendment request is shown below. Public Document Room, the Gelman For the Nuclear Regulatory Commission. The Commission is seeking public Building, 2120 L Street, NW., comments on this proposed Frederick J. Hebdon, Washington, DC and at the local public determination. Any comments received document room for the particular Director, Project Directorate II–3, Division of within 30 days after the date of Reactor Projects—I/II, Office of Nuclear facility involved. If a request for a Reactor Regulation. publication of this notice will be hearing or petition for leave to intervene considered in making any final [FR Doc. 96–27162 Filed 10–22–96; 8:45 am] is filed by the above date, the determination. Commission or an Atomic Safety and BILLING CODE 7590±01±P Normally, the Commission will not Licensing Board, designated by the issue the amendment until the Commission or by the Chairman of the expiration of the 30-day notice period. Atomic Safety and Licensing Board UNITED STATES NUCLEAR However, should circumstances change Panel, will rule on the request and/or REGULATORY COMMISSION during the notice period such that petition; and the Secretary or the failure to act in a timely way would Biweekly Notice designated Atomic Safety and Licensing result, for example, in derating or Board will issue a notice of a hearing or Applications and Amendments to shutdown of the facility, the an appropriate order. Facility Operating Licenses Involving Commission may issue the license As required by 10 CFR 2.714, a No Significant Hazards Considerations amendment before the expiration of the petition for leave to intervene shall set 30-day notice period, provided that its forth with particularity the interest of I. Background final determination is that the the petitioner in the proceeding, and Pursuant to Public Law 97-415, the amendment involves no significant how that interest may be affected by the U.S. Nuclear Regulatory Commission hazards consideration. The final results of the proceeding. The petition (the Commission or NRC staff) is determination will consider all public should specifically explain the reasons publishing this regular biweekly notice. and State comments received before why intervention should be permitted Public Law 97-415 revised section 189 action is taken. Should the Commission with particular reference to the of the Atomic Energy Act of 1954, as take this action, it will publish in the following factors: (1) the nature of the amended (the Act), to require the Federal Register a notice of issuance petitioner’s right under the Act to be Commission to publish notice of any and provide for opportunity for a made a party to the proceeding; (2) the amendments issued, or proposed to be hearing after issuance. The Commission nature and extent of the petitioner’s issued, under a new provision of section expects that the need to take this action property, financial, or other interest in 189 of the Act. This provision grants the will occur very infrequently. the proceeding; and (3) the possible Commission the authority to issue and Written comments may be submitted effect of any order which may be make immediately effective any by mail to the Chief, Rules Review and entered in the proceeding on the amendment to an operating license Directives Branch, Division of Freedom petitioner’s interest. The petition should upon a determination by the of Information and Publications also identify the specific aspect(s) of the Commission that such amendment Services, Office of Administration, U.S. subject matter of the proceeding as to involves no significant hazards Nuclear Regulatory Commission, which petitioner wishes to intervene. consideration, notwithstanding the Washington, DC 20555-0001, and Any person who has filed a petition for pendency before the Commission of a should cite the publication date and leave to intervene or who has been request for a hearing from any person. page number of this Federal Register admitted as a party may amend the This biweekly notice includes all notice. Written comments may also be petition without requesting leave of the notices of amendments issued, or delivered to Room 6D22, Two White Board up to 15 days prior to the first proposed to be issued from September Flint North, 11545 Rockville Pike, prehearing conference scheduled in the 30, 1996, through October 10, 1996. The Rockville, Maryland from 7:30 a.m. to proceeding, but such an amended last biweekly notice was published on 4:15 p.m. Federal workdays. Copies of petition must satisfy the specificity October 9, 1996 (61 FR 52962). written comments received may be requirements described above. examined at the NRC Public Document Not later than 15 days prior to the first Notice Of Consideration Of Issuance Of Room, the Gelman Building, 2120 L prehearing conference scheduled in the Amendments To Facility Operating Street, NW., Washington, DC. The filing proceeding, a petitioner shall file a Licenses, Proposed No Significant of requests for a hearing and petitions supplement to the petition to intervene Hazards Consideration Determination, for leave to intervene is discussed which must include a list of the And Opportunity For A Hearing below. contentions which are sought to be The Commission has made a By November 22, 1996, the licensee litigated in the matter. Each contention proposed determination that the may file a request for a hearing with must consist of a specific statement of following amendment requests involve respect to issuance of the amendment to the issue of law or fact to be raised or Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55029 controverted. In addition, the petitioner operator should be given Datagram Where portions of piping are non-isolable or shall provide a brief explanation of the Identification Number N1023 and the where atmospheric tanks are involved, the bases of the contention and a concise following message addressed to (Project Section XI ASME alternatives to 110% statement of the alleged facts or expert Director): petitioner’s name and pressure testing continue to ensure the opinion which support the contention integrity of the fuel oil system without any telephone number, date petition was impact on analyzed accident scenarios or and on which the petitioner intends to mailed, plant name, and publication their consequences. Therefore, the proposed rely in proving the contention at the date and page number of this Federal amendment does not result in an increase in hearing. The petitioner must also Register notice. A copy of the petition the probability or consequences of an provide references to those specific should also be sent to the Office of the accident previously evaluated. sources and documents of which the General Counsel, U.S. Nuclear 2. The proposed amendment does not petitioner is aware and on which the Regulatory Commission, Washington, create the possibility of a new or different petitioner intends to rely to establish DC 20555-0001, and to the attorney for kind of accident from any accident those facts or expert opinion. Petitioner the licensee. previously evaluated. must provide sufficient information to Nontimely filings of petitions for The proposed alternative testing and show that a genuine dispute exists with surveillance will not involve any physical leave to intervene, amended petitions, alterations or additions to plant equipment or the applicant on a material issue of law supplemental petitions and/or requests alter the manner in which any safety-related or fact. Contentions shall be limited to for a hearing will not be entertained system performs it function. Using ASME matters within the scope of the absent a determination by the Section XI, or NRC-approved ASME Code amendment under consideration. The Commission, the presiding officer or the cases, as guidance for pressure testing contention must be one which, if Atomic Safety and Licensing Board that continues to provide assurance that the fuel proven, would entitle the petitioner to the petition and/or request should be oil supply system will perform its intended relief. A petitioner who fails to file such granted based upon a balancing of function. Therefore, the proposed changes do a supplement which satisfies these factors specified in 10 CFR not create the possibility of a new or different kind of accident from any accident requirements with respect to at least one 2.714(a)(1)(i)-(v) and 2.714(d). contention will not be permitted to previously evaluated. For further details with respect to this 3. The proposed amendment does not participate as a party. action, see the application for involve a significant reduction in the margin Those permitted to intervene become amendment which is available for of safety. parties to the proceeding, subject to any public inspection at the Commission’s There are no changes being made to the limitations in the order granting leave to Public Document Room, the Gelman safety limits or safety settings that would intervene, and have the opportunity to Building, 2120 L Street, NW., adversely impact plant safety. Further, there participate fully in the conduct of the Washington, DC, and at the local public is no impact on the margin of safety as hearing, including the opportunity to document room for the particular defined in the Technical Specifications. Utilizing ASME Section XI as guidance for present evidence and cross-examine facility involved. witnesses. determining those sections of piping that If a hearing is requested, the Carolina Power & Light Company, et should be pressure-tested or tested at Commission will make a final al., Docket No. 50-400, Shearon Harris atmospheric pressure will ensure proper Nuclear Power Plant, Unit 1, Wake and operation of the diesel generator fuel oil determination on the issue of no supply system. Therefore, the proposed significant hazards consideration. The Chatham Counties, North Carolina changes do not involve a significant final determination will serve to decide Date of amendment request: reduction in a margin of safety. when the hearing is held. September 18, 1996 The NRC staff has reviewed the If the final determination is that the Description of amendment request: licensee’s analysis and, based on this amendment request involves no Revise Technical Specification (TS) review, it appears that the three significant hazards consideration, the 4.8.1.1.2 by removing TS 4.8.1.1.2.h.2 standards of 10 CFR 50.92(c) are Commission may issue the amendment pressure testing requirement since satisfied. Therefore, the NRC staff and make it immediately effective, adequate testing will be completed in proposes to determine that the notwithstanding the request for a accordance with American Society of amendment request involves no hearing. Any hearing held would take Mechanical Engineers (ASME) Boiler significant hazards consideration. place after issuance of the amendment. and Pressure Vessel Code, Section XI. Local Public Document Room If the final determination is that the Basis for proposed no significant location: Cameron Village Regional amendment request involves a hazards consideration determination: Library, 1930 Clark Avenue, Raleigh, significant hazards consideration, any As required by 10 CFR 50.91(a), the North Carolina 27605 hearing held would take place before licensee has provided its analysis of the Attorney for licensee: William D. the issuance of any amendment. issue of no significant hazards Johnson, Vice President and Senior A request for a hearing or a petition consideration, which is presented Counsel, Carolina Power & Light for leave to intervene must be filed with below: Company, Post Office Box 1551, the Secretary of the Commission, U.S. This change does not involve a significant Raleigh, North Carolina 27602 Nuclear Regulatory Commission, hazards consideration for the following NRC Project Director: F. Mark Washington, DC 20555-0001, Attention: reasons: Reinhart, Acting Docketing and Services Branch, or may 1. The proposed amendment does not be delivered to the Commission’s Public involve a significant increase in the Detroit Edison Company, Docket No. Document Room, the Gelman Building, probability or consequences of an accident 50-16, Enrico Fermi Atomic Power 2120 L Street, NW., Washington DC, by previously evaluated. Plant, Unit 1, Monroe County, Michigan the above date. Where petitions are filed Applying ASME Code, Section XI Date of amendment request: August during the last 10 days of the notice alternative examination/testing will not affect 29, 1996 (Reference NRC-96-0111) any initiators of any previously evaluated period, it is requested that the petitioner accidents or change the manner in which the Description of amendment request: promptly so inform the Commission by emergency diesel generators or any other The proposed amendment will: (1) a toll-free telephone call to Western systems operate. The diesel fuel oil system allow certain equipment and Union at 1-(800) 248-5100 (in Missouri supports the emergency diesel generators instruments to be removed from service 1-(800) 342-6700). The Western Union which serve an accident mitigating function. for short periods of time to allow for 55030 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices maintenance, testing, inspection, Evaluation Supporting Amendment 9 to the Detroit Edison Company, Docket No. modifications, and account for referenced license did not rely on moisture 50-341, Fermi-2, Monroe County, equipment failures; (2) reduce the intrusion monitoring and alarm features for Michigan any safety function or accident prevention or frequency of environmental liquid Date of amendment request: effluent monitoring and eliminate one mitigation function. Environmental monitoring surveillance are unrelated to September 25, 1996 (NRC-96-0085) raw water sampling location; (3) Description of amendment request: eliminate the requirement for moisture postulated accident sequences and cannot affect the probability or consequences of an The proposed amendment would revise intrusion monitoring for the reactor accident. The correction of the typographical Technical Specification (TS) building lower level; and (4) correction error is unrelated to accident initiation and Surveillance Requirement 4.8.4.3 to of a typographical error. sequences and cannot affect the probability remove the requirement to periodically Basis for proposed no significant or consequences of any accident. test the thermal overload (TOL) devices hazards consideration determination: (2) The operation of Enrico Fermi Atomic for safety-related motor-operated valves As required by 10 CFR 50.91(a), the Power Plant, Unit 1, in accordance with the (MOVs). The surveillance requirement licensee has provided its analysis of the proposed amendment will not create the would continue to require testing of a issue of no significant hazards possibility of a new or different kind of TOL device following any maintenance consideration using the standards in 10 accident from any accident previously activity that could affect the CFR 50.92(c). The licensee’s analysis is evaluated. performance of the device. The presented below: The proposed changes do not create the (1) The operation of Enrico Fermi Atomic possibility of a new or different accident surveillance requirement would also be Power Plant, Unit 1, in accordance with the from any previously evaluated. With the clarified by indicating that testing of proposed amendment will not involve a exception of the allowance for composite TOL devices is required upon initial significant increase in the probability or environmental samples, which are unrelated installation. The associated portion of consequences of an accident previously to any potential accident sequence, these the TS Bases would also be revised to evaluated. changes propose no new activities or new reflect this change. The proposed changes do not involve a methods for performing existing activities. Basis for proposed no significant significant increase in the probability or Previous evaluations have considered the hazards consideration determination: consequences of an accident. Provisions for release of all of the radioactivity in the removing the primary cover gas supply from As required by 10 CFR 50.91(a), the residual sodium due to postulated fire or licensee has provided its analysis of the service for short periods of time will not other catastrophe and release of radioactive issue of no significant hazards significantly increase the probability of an water stored in the liquid waste tanks which accident occurring as long as the probability bound the only possible radiological consideration, which is presented of a significant water reaction with residual accidents at Fermi 1. For these reasons, no below: sodium is not significantly increased. This is new or different type of accident is created 1. The proposed change does not involve ensured by prescribing limits on the time that by these changes. a significant increase in the probability or carbon dioxide pressure can be low. The (3) The operation of Enrico Fermi Atomic consequences of an accident. The deletion of consequences of an accident would not be the requirement for testing of the TOL Power Plant, Unit 1, in accordance with the affected by provisions for removing the protective devices lessens degradation to the proposed amendment will not involve a primary cover gas supply from service as this components which can improve MOV significant reduction in a margin of safety. equipment does not mitigate accidents or reliability. Based on historical data through affect the accident sequences. Similarly, the The proposed changes do not involve a the years of testing, there is no significant provisions for removing the moisture significant reduction in a margin of safety. drifting of the trip setpoints of the TOL intrusion and cover gas pressure alarms from The changes to the primary system cover gas protective devices. The probability of an service for short period of time will not system technical specifications still ensure accident would not increase since significantly increase the probability of an that any residual sodium is passivated by terminating the periodic testing or clarifying accident. The alarms provide a monitoring carbon dioxide. Changes to the alarms affect the situational testing requirements cannot function to detect degradation in the only monitoring functions and therefore do cause equipment to operate inadvertently performance of the cover gas supply and not cause a change to any parameter that and so cannot cause an accident. The sump systems. Absence of these alarm could affect the margin of safety. Similarly, periodic testing of the TOL protective devices functions for short periods of time does not the environmental surveillances are can temporarily render MOVs inoperable due increase the probability of such degradation unrelated to margin of safety. The correction to the removal of the components from and it does not significantly impact the of the typographical error is unrelated to service and can cause safety systems/ ability for timely detection of such margin of safety. For these reasons, the divisions to become unavailable. The degradation. The consequences of an proposed changes do not involve a deletion of the periodic testing requirement accident would not be affected by provisions significant reduction in the margin of safety. would increase the availability of safety for removing the moisture intrusion and The NRC staff has reviewed the systems insuring that they would be able to cover gas pressure alarms from service as this respond to accident conditions. The equipment does not mitigate accidents or licensee’s analysis and, based on this consequences of an accident will not increase affect the accident sequences. Elimination of review, it appears that the three since eliminating the periodic testing and the moisture intrusion alarm for the reactor standards of 50.92(c) are satisfied. clarifying the situational testing requirements building lower level does not significantly Therefore, the NRC staff proposes to will improve reliability of safety-related increase the probability of an accident determine that the amendment request MOVs to respond to an accident and will not because the probability that water could involves no significant hazards increase the failure rate of equipment. The accumulate in this area is essentially consideration. clarification of the situational testing ensures unchanged. Design features of the that the test will be conducted after any foundation, containment structure, and Local Public Document Room maintenance that could affect the annulus drains are intended to prevent entry location: Monroe County Library performance of the TOL protective devices. of water into the reactor building. These System, 3700 South Custer Road, Thus, the proposed change increases features have prevented any water intrusion Monroe, Michigan 48161 reliability of the MOVs and increases plant into this area. The consequences of an safety. Therefore this change will not result accident would not be affected by Attorney for licensee: John Flynn, in a significant increase in the probability or elimination of the moisture intrusion alarm Esquire, Detroit Edison Company, 2000 consequences of an accident. for the reactor building lower level because Second Avenue, Detroit, Michigan 2. The proposed change does not create the this equipment does not mitigate accidents or 48226NRC Branch Chief: Michael F. possibility of a new or different accident affect the accident sequences. The Safety Weber from any previously evaluated. The TOL Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55031 protective devices are not an accident Duke Power Company, Docket Nos. 50- which measures are taken to protect the initiator, they only protect equipment 413 and 50-414, Catawba Nuclear reactor internals. provided to mitigate the consequences of an Station, Units 1 and 2, York County, The NRC staff has reviewed the accident. For this reason, no new or different South Carolina licensee’s analysis and, based on this type of accident is created by this change. review, it appears that the three 3. The proposed change does not involve Date of amendment request: June 21, standards of 10 CFR 50.92(c) are a significant reduction in a margin of safety. 1996 satisfied. Therefore, the NRC staff The trip setpoints of the TOL protective Description of amendment request: proposes to determine that the proposed devices depend upon both the current and The proposed amendments would amendments involve no significant the length of time the current is applied. The administratively correct the term hazards consideration. trip setpoints for TOL protective devices are ‘‘lifting load’’ in Technical Specification Local Public Document Room much higher than conditions normally 3.9.6b.2 to ‘‘lifting force.’’ This location: York County Library, 138 East experienced during an MOV stroke and are correction would clarify that the static Black Street, Rock Hill, South Carolina meant to protect the motor from stall and loads associated with the lifting tool, 29730 overload conditions. The difference between drive rod and control rod weights are Attorney for licensee: Mr. Albert Carr, the current of the trip setpoints and the not included in the lifting force limit. Duke Power Company, 422 South normal conditions is great enough that a The amendments would also more Church Street, Charlotte, North Carolina premature trip of the TOL protective device accurately define auxiliary hoist 28242 is highly unlikely, even at degraded voltages. minimum capacities and give a more NRC Project Director: Herbert N. The TOL protective device protects the motor expansive description of the activities Berkow from the stall conditions. Not conducting the for which protective measures and Duke Power Company, Docket Nos. 50- periodic testing of the TOL protective devices surveillance testing are used. 269, 50-270 and 50-287, Oconee would not cause the MOVs to fail, nor would Basis for proposed no significant Nuclear Station, Units 1, 2 and 3, the performance of the MOVs be adversely hazards consideration determination: Oconee County, South Carolina affected. Throughout the life of the plant, As required by 10 CFR 50.91(a), the there has never been an instance of a safety licensee has provided its analysis of the Date of amendment request: related MOV failure due to degradation or issue of no significant hazards September 17, 1996 (TSC 96-01) failure of TOL protective devices. Further, consideration, which is presented Description of amendment request: based on maintenance history, the below: The proposed changes would reduce the elimination of the periodic testing would Question: Will the change involve a Reactor Building pressure setpoint for eliminate any significant potential significant increase in the probability or actuation of the Reactor Building Spray degradation of the TOL protective devices, consequences of an accident previously System in Technical Specification (TS) thereby increasing their reliability. Finally, evaluated? 3.5.3 from a maximum of 30 pounds per with the removal of the periodic testing of No. The proposed change[s] [are] square inch gauge (psig) to 15 psig, the TOL protective devices, fewer MOVs administrative in nature, and do[] not reduce the maximum allowable Reactor would have to be removed from service for represent any changes to the refueling Building internal pressure specified in testing. Since necessary components would process in the field. It more accurately describes the components for which the TS 3.6.4 from 1.5 psig to 1.2 psig when no longer be inoperable due to the periodic LCO’s [limiting conditions of operation] the reactor is critical, revise the testing, there would be an increase of protection is intended as well as giving a corresponding Bases of TS 3.3 to availability time of safety systems/divisions. more accurate description of the auxiliary indicate that the Reactor Building Deletion of the periodic testing could reduce hoist’s minimum capacity. [They] also sprays and coolers are designed to the durations of online system outages. broaden[] the domain of activities for which mitigate the containment temperature Clarifying the situational testing protective measures are taken, by including response rather than containment requirements would better define when the drag load testing into monitored activities. At pressure response to a loss-of-coolant testing of the TOL protective devices is both MNS [McGuire Nuclear Station] and accident, and make other administrative necessary which would ensure operability. CNS [Catawba Nuclear Station], the auxiliary hoists and the manipulator cranes are rated changes. In addition, the lower Reactor The testing would be based on installation or Building pressure limit (a vacuum of 5 any maintenance that could affect the TOL at [greater than or equal to] 3000 pounds and are surveillance tested to greater than 1000 inches of mercury (Hg)) in Specification protective device. For these reasons, the pounds. This brackets the limit force lifting 3.6.4 would be changed to the proposed change does not involve a value change from 600 to 1000 pounds in the corresponding value in terms of psig to significant reduction in the margin of safety. amendment proposal. reflect the units displayed on the The NRC staff has reviewed the Question: Will the change create the control room instrumentation. licensee’s analysis and, based on this possibility of a new or different kind of Basis for proposed no significant review, it appears that the three accident from any accident previously hazards consideration determination: standards of 10 CFR 50.92(c) are evaluated? No. Th[ese] proposed administrative As required by 10 CFR 50.91(a), the satisfied. Therefore, the NRC staff change[s] reflect[] no changes in the refueling licensee has provided its analysis of the proposes to determine that the processes, or any systems, structures or issue of no significant hazards amendment request involves no components connected with the refueling consideration, which is presented significant hazards consideration. process. below: Local Public Document Room Question: Will the change involve a (1) Involve a significant increase in the location: Monroe County Library significant reduction in a margin of safety? probability or consequences of an accident No. The proposed administrative change[s] previously evaluated: System, 3700 South Custer Road, [have] no impact on refueling processes, No. The analysis of the post-LOCA [loss-of- Monroe, Michigan 48161 systems, structures or components, and do[] coolant accident] Reactor Building response Attorney for licensee: John Flynn, not result in any significant reduction in a to high-energy line breaks, using the new Esq., Detroit Edison Company, 2000 margin of safety. The subject change[s] only methodology, uses assumptions different Second Avenue, Detroit, Michigan clarif[y] the original intent of the from the requirements currently delineated specification and more accurately describe[] in Technical Specifications. The new 48226 the involved components, component assumptions used for initial Reactor Building NRC Project Director: John N. Hannon capacities and the domain of activities for pressure and Reactor Building Spray system 55032 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices actuation are 1.2 psig and 20 psig Duquesne Light Company, et al., Docket The proposed amendment does not change respectively. These values are lower, and No. 50-334, Beaver Valley Power the plant configuration in a way which hence more conservative, than the values Station, Unit No. 1, Shippingport, introduces a new potential hazard to the currently specified in Technical Pennsylvania plant. Since design requirements continue to Specifications. be met and the integrity of the reactor coolant Since the new values for Reactor Building Date of amendment request: system pressure boundary is not challenged, pressure and Reactor Building Spray September 9, 1996 no new failure mode has been created. As a actuation are more conservative and the Description of amendment request: result, an accident which is different than analysis methodology has received approval The proposed amendment would revise already evaluated in the Updated Final from the NRC via [an] SER, this change does the Minimum Channels Operable Safety Analysis Report will not be created not involve a significant increase in the requirement of Item 4.c (Steam Line due to this change. probability or consequences of an accident Isolation, Containment Pressure Therefore, the proposed change does not create the possibility of a new or different previously identified. Intermediate -- High-High) of Technical (2) Create the possibility of a new or kind of accident from any accident different kind of accident from any kind of Specification (TS) Table 3.3-3 from 3 to previously evaluated. accident previously evaluated: 2. This proposed change would make 3. Does the change involve a significant No. The methodology for Reactor Building this Unit 1 TS consistent with the reduction in a margin of safety? high energy line break analysis is being comparable Unit 2 TS. The margin of safety is not significantly revised. The revision of the method of The proposed amendment would also reduced by this proposed change. The trip analysis does not alter the manner by which revise the minimum charging pump setpoint for the containment pressure plant systems and components function for discharge pressure in TS 3.5.5 from intermediate-high-high function remains accident mitigation. 2311 psig to 2397 psig. This change is unchanged. With one channel inoperable, the (3) Involve a significant reduction in a required to ensure that safety analysis remaining two channels will continue to margin of safety. initiate the protective function on a two-out- assumptions for safety injection flow are of-two logic. The action statement limits this No. By letter dated March 15, 1995, the met. Conforming changes would also be NRC stated that the new analyses described condition to 6 hours after which time the in the topical report, DPC-NE-3003-P, expand made to the Bases for TS 3/4.5.5 to inoperable channel must be placed in the trip the scope of analyzed piping failures in reflect the proposed changes to TS 3.5.5. condition. This action restores the function containment for the Oconee facilities. The Basis for proposed no significant to be able to meet single failure criteria on NRC further stated that this new analysis hazards consideration determination: a one-out-of-two logic basis. method has been used to reanalyze existing As required by 10 CFR 50.91(a), the The proposed revision to the charging licensing basis pipe failure events in licensee has provided its analysis of the pump discharge pressure will not change the containment, and to examine the potential issue of no significant hazards flow limit on seal injection. The specification effects of previously unanalyzed assumptions will continue to ensure that seal injection consideration, which is presented flow is limited. This will ensure that and initial conditions which the NRC staff below: finds to be consistent with current NRC staff sufficient flow to the reactor core is provided 1. Does the change involve a significant during accident conditions. acceptance criteria or produce equally increase in the probability or consequences conservative results. In conclusion, the NRC The proposed changes to the Bases for seal of an accident previously evaluated? injection flow are editorial in nature and do confirmed that this methodology, with The proposed amendment does not add or not affect the margin of safety. appropriate adjustments to reflect potential modify any existing plant equipment. Since Therefore, this proposed change does not plant modifications, may be used by Duke normal charging pump discharge pressure is involve a significant reduction in a margin of Power to perform future analyses in support greater than or equal to approximately 2440 safety. of licensing applications related to psig, no additional plant configuration containment accident response. This changes or modifications will be required to The NRC staff has reviewed the proposed change to Technical Specifications comply with this revised charging pump licensee’s analysis and, based on this reflects the use of this new methodology. discharge pressure value. The proposed review, it appears that the three Based on this new methodology, changes amendment does not change the design or standards of 10 CFR 50.92(c) are have been made to setpoint assumptions for function of the containment pressure satisfied. Therefore, the NRC staff initial Reactor Building pressure and Reactor intermediate-high-high channels. proposes to determine that the Building Spray actuation. This proposed The consequences of an accident amendment request involves no Technical Specification change reflects those previously evaluated are not significantly increased. The ability of the containment significant hazards consideration. assumption changes. This methodology has Local Public Document Room been accepted by the NRC. This proposed pressure intermediate-high-high function to initiate steam line isolation will not be location: B. F. Jones Memorial Library, change to Technical Specifications does not 663 Franklin Avenue, Aliquippa, PA involve a significant reduction in the margin affected. Since steam line isolation will of safety. continue to occur at the same required trip 15001 setpoint, the amount of mass and energy Attorney for licensee: Jay E. Silberg, The NRC has reviewed the licensee’s released to containment along with the Esquire, Shaw, Pittman, Potts & analysis and, based on thisreview, it ability to maintain at least one unfaulted Trowbridge, 2300 N Street, NW., appears that the three standards of 10 steam generator (SG) as a heat sink for the Washington, DC 20037 CFR 50.92(c) are satisfied. Therefore, the reactor remains unchanged. The amount of NRC Project Director: John F. Stolz NRC staff proposes to determine that the seal injection flow will continue to be adequately limited to ensure sufficient flow Entergy Gulf States Inc., Cajun Electric amendment request involves no to the reactor core during accident significant hazards consideration. Power Cooperative, and Entergy conditions. The Bases changes are editorial Operations, Inc., Docket No. 50-458, Local Public Document Room in nature and do not involve a change to probability or consequences of an accident River Bend Station, Unit 1, West location: Oconee County Library, 501 Feliciana Parish, Louisiana West South Broad Street, Walhalla, previously evaluated. Based on the above discussion, it is South Carolina 29691 Date of amendment request: August concluded that this change does not involve 29, 1996 Attorney for licensee: J. Michael a significant increase in the probability or Description of amendment request: consequences of an accident previously McGarry, III, Winston and Strawn, 1200 The proposed amendment would revise 17th Street, NW., Washington, DC 20036 evaluated. 2. Does the change create the possibility of the technical specifications (TSs) to NRC Project Director: Herbert N. a new or different kind of accident from any reflect the elimination of T-factor Berkow accident previously evaluated? adjustments in the Average Power Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55033

Range Monitors (APRM) setpoints, a (LPRM) calibration frequency and, therefore, bias trip setpoints adjustment does not decrease in the calibration frequency of the probability for an accident previously involve a reduction in a margin of safety the Local Power Range Monitors evaluated is unchanged. The consequences of because the higher power peaking resulting (LPMR), and an improvement in the an accident can be affected by the thermal from elimination of the APRM setpoints T- limits prior to the accident but LPRM factor has been analyzed to assure that the calculation of Reactivity Anomaly. chamber and cycle exposure have no margins to fuel safety limits are equal to or Basis for proposed no significant significant effect on the calculated thermal larger than those currently in existence with hazards consideration determination: limits. The thermal limit calculation is not the APRM setpoints T-factor limit applied. As required by 10 CFR 50.91(a), the significantly effected because the LPRM Therefore, the replacement of the APRM licensee has provided its analysis of the sensitivity versus exposure function is well setpoint T-factor with power and flow- issue of no significant hazards defined. This allows accurate LPRM end-of- dependent thermal limits does not involve a consideration, which is presented life calculations so that detectors can be reduction in the margin of safety. below: replaced before their behavior significantly Protection of other thermal limits for all 1. The request does not involve a deteriorates. In the event deterioration is previously analyzed events is accomplished significant increase in the probability or noted late in the cycle for a few chambers, by specific limits that are independent of the consequences of an accident previously they can be bypassed with no significant APRM setpoint T-factor limit. These are the evaluated. effect on uncertainties. Also, the total nodal power and flow-dependent This change replaces the APRM setpoints power uncertainty remains less than the MCPR Operating Limits which provide T-factor limit with power and flow- uncertainty assumed in the General Electric protection from fuel dryout and the rated dependent minimum critical power ratio BWR Thermal Analysis Basis (GETAB) safety MAPLHGR limit which provides protection (MCPR) and linear heat generation rate limit. Therefore, the thermal limit calculation of the peak clad temperature for the DBA (LHGR) limits. These new power and flow- is not affected by the LPRM calibration LOCA. dependent thermal limits eliminate the need frequency and the consequences of an The margin of safety can be affected by the for manual setpoint adjustment resulting accident previously evaluated are not thermal limits prior to an accident but LPRM from power peaking conditions. The new changed. chamber exposure and cycle exposure have power and flow-dependent thermal limits are The change in the parameters used to no significant effect on the calculated automatically applied by computer software measure reactivity for calculation of the thermal limits. The thermal limit calculation during the calculation of the core thermal reactivity anomaly has no affect on either the is not significantly affected because the limits and, therefore, do not require manual consequences or the probability of an LPRM sensitivity versus exposure function is setpoint adjustments based on the power accident previously evaluated because the well defined. This allows accurate LPRM end peaking conditions in the reactor. Extensive allowed reactivity anomaly criteria is of life calculations so that detectors can be transient analyses at a variety of power and unchanged. The only change is the replaced before their behavior significantly flow conditions have been performed and parameters used to measure reactivity. deteriorates. In the event deterioration is were utilized to study the trend of transient Therefore, the proposed elimination of the noted late in the cycle for a few chambers, severity without the setpoints T-factor limit. APRM setpoints T-factor maintains adequate they can be bypassed with no significant A large data base was established by off-rated MCPR and LHGR margin for all effect on uncertainties. Also, the total nodal analyzing limiting transients over a range of operating conditions. Also, the change in the power uncertainty remains less than the power and flow conditions. The data base LPRM calibration frequency continues to uncertainty assumed in the GETAB safety included evaluations representative of a maintain the accuracy of the thermal limit limit. Therefore neither the thermal limit variety of plant configurations and calculation. Therefore, the consequences of calculation nor the margin of safety are parameters such that the conclusions drawn an accident previously evaluated are not affected by the LPRM calibration. from the studies would be applicable to the affected by this change. Finally, the change The change in the parameters used to broad range of boiling water reactors (BWRs). in the parameters used to measure reactivity measure reactivity for calculation of the This data base was utilized to develop plant for calculation of the reactivity anomaly has reactivity anomaly has no affect on the specific operating limits (MCPR and LHGR), no affect on either the consequences nor the margin of safety because the allowed which assures that margins to fuel safety probability of an accident previously reactivity anomaly criteria is unchanged. The limits are equal to or larger than those evaluated. Since no new plant equipment is only change is the parameters used to currently in existence with the APRM introduced by any of the proposed changes, measure reactivity. setpoints T-factor limit applied. Therefore, the probability of accidents previously Neither the change to APRM setpoints T- this change does not involve an increase in evaluated are not changed. Therefore, none of factor nor the change to the LPRM calibration the probability of any event previously the proposed changes involve an increase in frequency significantly effects the thermal evaluated. the probability or consequences of any event limits calculation, and, therefore, do not The consequences of an accident previously evaluated. result in an increase in core damage previously evaluated have not been increased 2. The request does not create the frequency. The change in the parameters because, in all cases, the new power and possibility of occurrence of a new or different used to measure reactivity for calculation of flow-dependent thermal limits (MCPR and kind of accident from any accident the reactivity anomaly has no affect on the LHGR) assure that margins to fuel safety previously evaluated. core damage frequency because the allowable limits are equal to or larger than those This change only replaces the APRM reactivity anomaly criteria remains currently in existence with the APRM setpoints T-factor limit with power and flow- unchanged. Therefore, the proposed changes setpoints T-factor limit applied. Protection of dependent MCPR and LHGR limits, changes do not involve a reduction in the margin of other thermal limits for all previously the LPRM calibration frequency, and a safety. analyzed events is accomplished by specific change to the parameter(s) used to measure The NRC staff has reviewed the limits that are independent of the APRM reactivity. None of the proposed changes licensee’s analysis and, based on this setpoints T-factor. These are the power and involve any new modes of operation or any review, it appears that the three flow-dependent MCPR Operating Limits plant modifications. Therefore, the proposed standards of 10 CFR 50.92(c) are which provide protection from fuel dryout changes do not create the possibility of a new satisfied. Therefore, the NRC staff and the rated maximum average planner or different type of accident from any proposes to determine that the linear heat generation rate (MAPLHGR) limit accident previously analyzed. amendment request involves no which provides protection of the peak clad 3. The request does not involve a significant hazards consideration. temperature for the design basis accident-loss significant reduction in a margin of safety. of coolant accident (DBA LOCA). Therefore, The replacement of the APRM setpoints T- Local Public Documenmt Room the proposed change does not involve a factor limit with power and flow-dependent location: Government Documents significant increase in the consequences of thermal limits has been confirmed to provide Department, Louisiana State University, any event previously evaluated. adequate MCPR and LHGR protection at all Baton Rouge, LA 70803 No new equipment is introduced by the reactor operation conditions. Operation with Attorney for licensee: Mark change in the local power range monitor higher peaking without APRM gains or flow Wetterhahn, Esq., Winston & Strawn, 55034 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

1400 L Street, N.W., Washington, D.C. is a revision of the Withdrawal Time for the Bases for RBS Technical Specification 3/4/ 20005 first surveillance capsule as given in 11 states: ‘‘The P/T limits are not derived NRC Project Director: William D. Technical Requirements (TR) Table 3.4.11-1 from Design Basis Accident (DBA) analyses. Beckner from 6 EFPY to 10.4 EFPY. This change will They are prescribed during normal operation not affect P-T limits as given in RBS to avoid encountering pressure, temperature, Entergy Gulf States, Inc., Cajun Electric Technical Specifications Figure 3.4.11-1 or and temperature rate of change conditions Power Cooperative, and Entergy USAR Figures 5.3-4a and 5.3-4b. This change that might cause undetected flaws to Operations, Inc., Docket No. 50-458, will not affect any plant safety limits or propagate and cause nonductile failure of the limiting conditions of operation. The RCPB [Reactor Coolant Pressure Boundary], a River Bend Station, Unit 1, West proposed change will not affect reactor Feliciana Parish, Louisiana condition that is unanalyzed. ... Since the P/ pressure vessel performance as no physical T limits are not derived from any DBA, there Date of amendment request: August changes are involved and RBS vessel P-T are no acceptance limits related to the P/T 29, 1996 limits will remain conservative in accordance limits. Rather, the P/T limits are acceptance Description of amendment request: with Reg. Guide 1.99, Rev. 2 requirements. limits themselves since they preclude The proposed amendment would The proposed change will not cause the operation in an unanalyzed condition.’’ reactor pressure vessel or interfacing systems provide a revision to the reactor The proposed change will not affect any to be operated outside of their design or safety limits, limiting safety system settings, pressure vessel (RPV) surveillance testing limits. Also, the proposed change will capsule withdrawal schedule for the or limiting conditions of operation. The not alter any assumptions previously made in proposed change does not represent a change River Bend Station. The first evaluating the radiological consequences of in initial conditions, or in a system response accidents. Therefore, the probability or surveillance capsule would be time, or in any other parameter affecting the consequences of accidents previously withdrawn at 10.4 effective full power course of an accident analysis supporting the evaluated will not be increased by the years (EFPY) rather than at 6EFPY. Bases of any Technical Specification. The proposed change. Basis for proposed no significant proposed change does not involve revision of 2. The proposed changes do not create the hazards consideration determination: possibility of a new or different kind of the P-T limits but rather a revision of the As required by 10 CFR 50.91(a), the accident from any accident previously Withdrawal Time for the first surveillance licensee has provided its analysis of the evaluated. capsule. The current P-T limits were issue of no significant hazards The proposed change is a revision of the established based on adjusted reference consideration, which is presented Withdrawal Time in TR Table 3.4.11 for the temperatures for vessel beltline materials first RPV material surveillance capsule from calculated in accordance with Regulatory below: Position 1 of Reg. Guide 1.99, Rev. 2. P-T 1. The proposed changes do not involve a 6 EFPY to 10.4 EFPY. This proposed change does not involve a modification of the design limits will continue to be revised as significant increase in the probability or necessary for changes in adjusted reference consequences of an accident previously of plant structures, systems, or components. temperature due to changes in fluence evaluated. The proposed change will not impact the according to Regulatory Position 1 until two Pressure-temperature (P-T) limits (RBS manner in which the plant is operated as or more credible surveillance data sets Technical Specifications Figure 3.4.11-1) are plant operating and testing procedures will become available. When two or more credible imposed on the reactor coolant system to not be affected by the change. The proposed ensure that adequate safety margins against change will not degrade the reliability of surveillance data sets become available, P-T nonductile or rapidly propagating failure structures, systems or components important limits will be revised as prescribed by exist during normal operation, anticipated to safety (ITS) as equipment protection Regulatory Position 2 of Reg. Guide 1.99, operational occurrences, and system features will not be deleted or modified, Rev. 2 or other NRC-approved guidance. hydrostatic tests. The P-T limits are related equipment redundancy or independence will Therefore, the proposed changes do not to the nil-ductility reference temperature, not be reduced, supporting system involve a significant reduction in any margins of safety. RTNDT, as described in ASME Section III, performance will not be downgraded, the Appendix G. Changes in the fracture frequency of operation of ITS equipment will The NRC staff has reviewed the toughness properties of RPV beltline not be increased, and increased or more licensee’s analysis and, based on this materials, resulting from the neutron severe testing of ITS equipment will not be review, it appears that the three irradiation and the thermal environment, are imposed. No new accident types or failure standards of 10 CFR 50.92(c) are monitored by a surveillance program in modes will be introduced as a result of the satisfied. Therefore, the NRC staff proposed change. Therefore, the proposed compliance with the requirements of proposes to determine that the 10CFR50, Appendix H. The effect of neutron change does not create the possibility of a fluence on the shift in the nil-ductility new or different kind of accident from that amendment request involves no reference temperature of pressure vessel steel previously evaluated. significant hazards consideration. is predicted by methods give in Regulatory 3. The proposed changes do not involve a Local Public Document Room Guide 1.99, Rev. 2. significant reduction in a margin of safety. location: Government Documents River Bend’s current P-T limits were As stated in the River Bend SER, Department, Louisiana State University, established based on adjusted reference ‘‘Appendices G and H of 10CFR50 describe Baton Rouge, LA 70803 temperatures developed in accordance with the conditions that require pressure- Attorney for licensee: Mark the procedures prescribed in Reg. Guide 1.99, temperature limits and provide the general Wetterhahn, Esq., Winston & Strawn, Rev. 2, Regulatory Position 1. Calculation of bases for these limits. These appendices adjusted reference temperature by these specifically require that pressure-temperature 1400 L Street, N.W., Washington, D.C. procedures includes a margin term to ensure limits must provide safety margins at least as 20005 conservative, upper-bound values are used great as those recommended in the ASME NRC Project Director: William D. for the calculation of the P-T limits. Revision Code, Section III, Appendix G. .... Until the Beckner of the first capsule withdrawal schedule will results from the reactor vessel surveillance not affect the P-T limits because they will program become available, the staff will use Florida Power Corporation, et al., continue to be established in accordance RG 1.99, Revision 1 [now Revision 2] to Docket No. 50-302, Crystal River with Regulatory Position 1 (or other NRC- predict the amount of neutron irradiation Nuclear Generating Plant, Unit No. 3, approved) procedures. When permitted (two damage. ... The use of operating limits based Citrus County, Florida or more credible surveillance data sets on these criteria--as defined by applicable Date of amendment request: available), Regulatory Position 2 (or other regulations, codes, and standards--will NRC-approved) methods for determining provide reasonable assurance that nonductile September 23, 1996 adjusted reference temperature will be or rapidly propagating failure will not occur, Description of amendment request: followed. and will constitute an acceptable basis for The proposed amendment would revise This change is not related to any accidents satisfying the applicable requirements of the Crystal River Unit 3 (CR 3) technical previously evaluated. The proposed change GDC 31.’’ specifications (TS) to delete a note Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55035 associated with Surveillance involves no significant hazards of an accident occurring is unaffected. As Requirement (SR) 3.3.7.1 for the consideration. part of the re-classification of these variables Engineered Safeguard Actuation System Local Public Document Room to Type A, the associated monitoring (ESAS) Automatic Actuation Logic. location: Coastal Region Library, 8619 instrumentation will be under more strict Applicable TS Bases will also be revised W. Crystal Street, Crystal River, Florida surveillance and control, which provides to reflect the proposed TS change. 32629 additional assurance that the prescribed manual operator actions will be implemented SR 3.3.7.1 requires periodic testing of Attorney for licensee: A. H. Stephens, when necessary. This, in turn, assures the General Counsel, Florida Power the ESAS automatic actuation logic previously evaluated accident consequences matrix to demonstrate that the required Corporation, MAC - A5D, P. O. Box remain valid. logic combinations are operable. When 14042, St. Petersburg, Florida 33733 2. The proposed changes will not create the the ESAS automatic actuation logic is NRC Project Director: Frederick J. possibility of a new or different kind of placed in an inoperable status solely for Hebdon accident from any accident previously performing of this surveillance, the note Florida Power Corporation, et al., evaluated because: associated with the SR 3.3.7.1 provides Docket No. 50-302, Crystal River A/B. The changes in containment pressure and core exit thermocouple nomenclature do relief in that it allows not entering into Nuclear Generating Plant, Unit No. 3, not reflect any physical changes to the applicable Conditions and Required Citrus County, Florida Actions for up to 8 hours, provided the facility. The changes provide clarification for associated engineering safeguards (ES) Date of amendment request: the instruments which are required to function is maintained. The licensee has September 27, 1996 comply with the LCO. C/D. The addition of low pressure injection determined that because of the CR 3 Description of amendment request: The proposed amendment would revise flow and degrees of subcooling to the Post- design of the ESAS System and the way Accident Monitoring instrumentation LCO is the test is performed, maintenance of the Crystal River 3 (CR3) post-accident monitoring (PAM) instrumentation being done to comply with a commitment the ‘‘associated ES function’’ is not made during the technical specification technical specification (TS). possible. Thus, the note does not improvement program to include in the provide the relief intended and Specifically, the following TS changes technical specifications, that instrumentation therefore, the licensee proposes to are proposed: which monitors variables classified as Type delete the note. During the performance A. Table 3.3.17-1, Function 8: The A in accordance with Regulatory Guide 1.97. of the ESAS test and bypassing the descriptor is changed from These two variables have been re-classified associated ES function, the licensee ‘‘Containment Pressure (Narrow Range)’’ as Type A. The associated instruments are proposes to enter into applicable TS to ‘‘Containment Pressure (Expected used after an accident occurs to prompt the Conditions. Post-Accident Range).’’ operators to take certain mitigative actions. Since the instrumentation is used only post- Basis for proposed no significant B. Table 3.3.17-1, Function 18: The required channels for Core Exit accident, these changes do not create the hazards consideration determination: possibility of a new or different kind of As required by 10 CFR 50.91(a), the Temperature (Backup) is changed from ‘‘2 sets of 5’’ to ‘‘3 per core quadrant.’’ accident. licensee has provided its analysis of the 3. The proposed change will not involve a issue of no significant hazards C. Table 3.3.17-1: A new Function 20 is added and designated as ‘‘Low significant reduction to the margin of safety consideration, which is presented because: below: Pressure Injection Flow.’’ A/B. The changes in containment pressure 1. The proposed change will not D. Table 3.3.17-1: A new Function 21 and core exit thermocouple nomenclature significantly increase the probability or is added and designated as ‘‘Degrees of have no affect on the margin of safety. The consequences of an accident previously Subcooling.’’ changes provide clarification of the technical evaluated because unavailability of Basis for proposed no significant specifications. This reduces the potential for equipment is recognized in the design of the hazards consideration determination: confusion regarding this instrumentation. plant and in the Technical Specifications. As required by 10 CFR 50.91(a), the C/D. The addition of low pressure injection The probability and consequences of licensee has provided its analysis of the flow and degrees of subcooling to the post- accidents previously evaluated are bounded issue of no significant hazards accident monitoring instrumentation table by the evaluations done for the allowed consideration (the letters A, B, C and D adds controls on the OPERABILITY of post- outage time of the associated functions. correspond to the proposed TS accident monitoring instrumentation 2. The proposed change will not create the changes), which is presented below: providing greater assurance it will be possibility of a new or different kind of available should an accident occur. accident from any accident previously 1. The proposed changes will not evaluated because the bypassing of ES significantly increase the probability or The NRC staff has reviewed the functions for testing purposes does not place consequences of an accident previously licensee’s analysis and, based on this the plant in a configuration which would evaluated because: review, it appears that the three allow the possibility of a new or different A/B. The changes in containment pressure standards of 50.92(c) are satisfied. kind or accident to be created. and core exit thermocouple nomenclature do Therefore, the NRC staff proposes to not reflect any physical changes to the 3. The proposed change will not involve a determine that the amendment request significant reduction to the margin of safety facility. C/D.The addition of low pressure injection involves no significant hazards because deleting the NOTE does not effect consideration. the way the test is performed. The test is flow and degrees of subcooling to the Post- required by the Technical Specifications and Accident Monitoring Instrumentation LCO is Local Public Document Room will still be performed in the same manner. being done to comply with a commitment location: Coastal Region Library, 8619 Thus, there is no change in the unavailability made during the technical specification W. Crystal Street, Crystal River, Florida improvement program to include in the of the system as a result of this change and 32629 the margin of safety is not reduced. technical specifications, that instrumentation The NRC staff has reviewed the which monitors variables classified as Type Attorney for licensee: A. H. Stephens, A in accordance with Regulatory Guide 1.97. General Counsel, Florida Power licensee’s analysis and, based on this These two variables have recently been re- review, it appears that the three Corporation, MAC - A5D, P. O. Box classified as Type A. The associated 14042, St. Petersburg, Florida 33733 standards of 50.92(c) are satisfied. instruments are used after an accident occurs Therefore, the NRC staff proposes to to prompt the operators to take certain NRC Project Director: Frederick J. determine that the amendment request mitigative actions. Therefore, the probability Hebdon 55036 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

Northeast Nuclear Energy Company necessary. Modifications and engineering consequences of an accident previously (NNECO), Docket No. 50-245, Millstone evaluations will be scheduled and prioritized evaluated in the SAR [safety analysis report]. Nuclear Power Station, Unit 1, New using other methodologies. Since this change 2) The proposed changes do not create the London County, Connecticut involves an administrative process only, possibility of a new or different kind of there is no direct impact on the design or accident from any accident previously Date of amendment request: operation of the plant, and therefore, no evaluated. September 5, 1996 significant reduction in the margin of safety. The proposed changes are purely Description of amendment request: The NRC staff has reviewed the administrative and do not involve any The proposed change deletes License licensee’s analysis and, based on this physical changes to plant SSC. The proposed Condition 2.C.5, Integrated review, it appears that the three changes do not allow plant operation in any Implementation Schedule. mode that is not already evaluated in the standards of 10 CFR 50.92(c) are SAR. Therefore, the possibility of a different Basis for proposed no significant satisfied. Therefore, the NRC staff type of accident than previously evaluated in hazards consideration determination: proposes to determine that the the SAR is not created. As required by 10 CFR 50.91(a), the amendment request involves no 3) The proposed changes do not result in licensee has provided its analysis of the significant hazards consideration. a significant reduction in the margin of issue of no significant hazards Local Public Document Room safety. consideration, which is presented location: Learning Resources Center, The proposed changes are purely below: Three Rivers Community-Technical administrative and have no impact on any In accordance with 10CFR50.92, NNECO College, 574 New London Turnpike, safety analysis assumptions or margins of has reviewed the attached proposed change safety. A change to SR 3.10.8.6 was approved Norwich, CT 06360, and the Waterford by the NRC by TS Amendment Nos. 211 and and has concluded that it does not involve Library, ATTN: Vince Juliano, 49 Rope a significant hazards consideration (SHC). 216. LCO 3.10.8 requirement (f) should have The basis for this is that the three criteria of Ferry Road, Waterford, CT 06385 been changed at the same time to reflect a 10CFR50.92(c) are not compromised. The Attorney for licensee: Lillian M. minimum CRD charging water pressure of proposed change does not involve an SHC Cuoco, Esq., Senior Nuclear Counsel, 940 psig. Changing LCO 3.10.8 requirement because the change would not: Northeast Utilities Service Company, (f) to reflect TS Amendment Nos. 211 and 1. Involve a significant increase in the P.O. Box 270, Hartford, CT 06141-0270 216 is purely administrative, and therefore, probability or consequences of an accident NRC Project Director: Phillip F. does not involve a reduction in a margin of previously evaluated. McKee safety. Operation of the facility in accordance The NRC staff has reviewed the with the proposed change would result in a PECO Energy Company, Public Service licensee’s analysis and, based on this change in an administrative process for Electric and Gas Company, Delmarva review, it appears that the three prioritizing and scheduling projects and Power and Light Company, and standards of 10 CFR 50.92(c) are engineering evaluations. With the limited Atlantic City Electric Company, satisfied. Therefore, the NRC staff number of NRC required projects remaining Dockets Nos. 50-277 and 50-278, Peach proposes to determine that the to be implemented, the IIS [Integrated Implementation Schedule] is no longer Bottom Atomic Power Station, Units amendment request involves no required to schedule resources for the Nos. 2 and 3, York County, significant hazards consideration. remaining topics. Since this license Pennsylvania Local Public Document Room location: Government Publications condition only involves an administrative Date of application for amendments: process, it does not directly affect the design Section, State Library of Pennsylvania, August 27, 1996 or operation of the plant. Therefore, no (REGIONAL DEPOSITORY) Education Description of amendment request: accident analyses are affected by the change, Building, Walnut Street and The proposed amendment revises the and the change does not increase the Commonwealth Avenue, Box 1601, required value of control rod drive probability or consequences of any Harrisburg, PA 17105 previously evaluated accident. (CRD) system pressure in technical Attorney for licensee: J. W. Durham, 2. Create the possibility of a new or specification (TS) 3.10.8, ‘‘Shutdown Sr., Esquire, Sr. V. P. and General different kind of accident from any Margin (SDM) Test-Refueling.’’ previously evaluated. Counsel, PECO Energy Company, 2301 Basis for proposed no significant Market Street, Philadelphia, PA 19101 The proposed license modification hazards consideration determination: removes a requirement relating to the NRC Project Director: John F. Stolz As required by 10 CFR 50.91(a), the scheduling of modifications and engineering Philadelphia Electric Company, Docket evaluations. Because the license condition licensee has provided its analysis of the addresses only an administrative scheduling issue of no significant hazards Nos. 50-352 and 50-353, Limerick mechanism, it does not affect directly the consideration, which is presented Generating Station, Units 1 and 2, design or operation of the plant. Therefore, below: Montgomery County, Pennsylvania the proposed change does not create a 1) The proposed changes do not involve a Date of amendment request: May 20, different kind of accident from those significant increase in the probability or 1996 previously analyzed. consequences of any accident previously Description of amendment request: 3. Involve a significant reduction in a evaluated. margin of safety. The proposed changes are purely The proposed Technical Specifications The proposed license modification administrative and do not involve any (TS) changes would revise TS Sections removes a requirement relating to the physical changes to plant SSC [systems, 3/4.4.9.2, 3/4.9.11.1, 3/4.9.11.2, and the scheduling of modifications and engineering structures and components]. The change in associated TS Bases 3/4.4.9 and 3/ evaluations. The original purpose of the IIS the minimum CRD charging water header 4.9.11, to more clearly describe that the and the ISAP [Integrated Safety Assessment pressure from 955 psig to 940 psig was Residual Heat Removal (RHR) system Program] was to prioritize and schedule previously approved in TS Amendments Shutdown Cooling mode of operation modifications and engineering evaluations in Nos. 211 and 216 for PBAPS [Peach Bottom consists of four (4) ‘‘subsystems.’’ These a manner that was agreed upon by both Atomic Power Station], Units 2 and 3. TS TS sections pertain to plant operations NNECO and the NRC. These programs were Change Request 95-12 was incomplete by especially important to Millstone Unit No. 1 inadvertently failing to identify the need to during Operational Conditions for priorization of topics associated with the change requirement (f) of LCO [Limiting (OPCONs) 4, ‘‘Cold Shutdown’’ and 5, SEP [Systematic Evaluation Program] and the Condition for Operation] 3.10.8. Therefore, ‘‘Refueling.’’ In addition, the proposed TMI [Three Mile Island] Action Plan. This the proposed changes will not increase the TS change would make administrative program is considered to be no longer probability of occurrence or the changes to TS Section 3/4.4.9.1 to Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55037 ensure consistency in terminology accordance with the requirements of ASME NUREG-1433, Revision 1, also re-affirms regarding the description of Shutdown [American Society of Mechanical Engineers], that each Shutdown Cooling ‘‘subsystem’’ is Cooling ‘‘subsystems.’’ The proposed TS Section III Class 3, and each RHRSW considered operable if it can be manually changes are consistent with the subsystem is single active failure proof in aligned, remotely or locally, in the Shutdown that the failure of a motor-operated valve, Cooling mode for removal of decay heat. guidance delineated in the Improved TS diesel generator, or pump does not prevent Thus, a LPCI-dedicated pump can aligned be (i.e., NUREG-1433, Revision 1, the system from performing its safety [sic] [be aligned] for automatic LPCI ‘‘Standard Technical Specifications function. initiation, yet still be considered part of an General Electric Plants, BWR/4,’’ dated The required availability of four (4) loops operable shutdown cooling subsystem as April 1995) which indicates that the of the Low Pressure Coolant Injection (LPCI) long as it can be re-aligned for Shutdown RHR Shutdown Cooling mode of mode of RHR during OPCONs 1, 2, and 3 as Cooling. operation is comprised of two (2) loops required by TS Section 3.5.1 is not impacted Therefore, the proposed TS changes do not and four (4) subsystems (i.e., two (2) by the four (4) ‘‘subsystem’’ Shutdown create the possibility of a new or different Cooling designation. No change to any RHR kind of accident from any accident subsystems per loop). system instrumentation logic, required previously evaluated. Basis for proposed no significant Emergency Core Cooling System (ECCS) 3. The proposed TS changes do not involve hazards consideration determination: availability, or method of operation is a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the involved. Although the Bases for TS Sections 3/ licensee has provided its analysis of the NUREG-1433, Revision 1, also re-affirms 4.4.9.2, 3/4.9.11.1, and 3/4.9.11.2 are being issue of no significant hazards that each Shutdown Cooling ‘‘subsystem’’ is revised in support of this proposed TS consideration, which is presented considered operable if it can be manually change, the changes only involve providing below: aligned, remotely or locally, in the shutdown clarification regarding the designation of the 1. The proposed Technical Specifications cooling mode for removal of decay heat. RHR Shutdown Cooling operation (TS) changes do not involve a significant Thus, a LPCI-dedicated pump can be aligned configuration in OPCONs 4 and 5. The increase in the probability or consequences for LPCI automatic initiation, yet still be proposed TS changes do not involve any of an accident previously evaluated. considered part of an operable shutdown physical changes to plant structures, systems, The proposed TS changes do not involve cooling subsystem as long as it can be re- or components. The RHR system will any physical changes to plant structures aligned for Shutdown Cooling. continue to function as designed in all modes systems, or components. The RHR [Residual Therefore, the proposed TS changes do not of operation. The consequences of equipment Heat Removal] Shutdown Cooling mode of involve an increase in the probability or malfunction are not changed from those in operation is manually controlled and is not consequences of an accident previously existing analyses, with no increase in onsite required for accident mitigation. The RHR evaluated. or offsite radiological effects. The RHR system will continue to function as designed 2. The proposed TS changes do not create system will continue to function as designed in all modes of operation. The consequences the possibility of a new or different kind of to mitigate the consequences of an accident of equipment malfunction are not changed accident from any accident previously and resultant onsite and offsite radiological from those in existing analyses, with no evaluated. effects remain as previously evaluated. The increase in onsite or offsite radiological The proposed TS changes do not involve proposed changes are consistent with the effects. The RHR system will continue to any physical changes to plant structures, guidance stipulated in NUREG-1433, function as designed to mitigate the systems, or components. The RHR system Revision 1. consequences of an accident and resultant will continue to function as designed in all The four (4) ‘‘subsystem’’ Shutdown onsite and offsite radiological effects remain modes of operation. No new accident type is Cooling designation has no effect on the as previously evaluated. The proposed TS created as a result of the proposed changes. required operability of the RHRSW system. changes will revise the TS to more clearly No new failure mode for any equipment is As required by TS 3.7.1.1, the RHRSW describe the RHR system configuration in created. The changes are consistent with the subsystem(s) associated with the required OPCONs 4 and 5. The proposed changes are guidance provided in NUREG-1433, Revision operable RHR heat exchanger(s) will consistent with the guidance stipulated in 1, pertaining to RHR Shutdown Cooling continue to remain operable. Each operable NUREG-1433, Revision 1. operation in OPCONs 4 and 5. RHRSW subsystem consists of two (2) The four (4) ‘‘subsystem’’ Shutdown The four (4) ‘‘subsystem’’ Shutdown operable pumps and the required operable Cooling designation permits operability of Cooling designation has no effect on the flowpath to provide decay heat removal via only one (1) RHR heat exchanger for required operability of the RHRSW system. the associated RHR heat exchanger. Shutdown Cooling service in Operational The RHRSW subsystem(s) associated with The RHRSW system piping is designed, Conditions (OPCONs) 4 and 5, as long as the required operable RHR heat exchanger(s) fabricated, inspected, and tested in both associated RHR pumps are operable and will continue to remain operable as required accordance with the requirements of ASME, alignable for Shutdown Cooling. TS by TS Section 3.7.1.1. Each operable RHRSW Section III, Class 3, and each RHRSW requirements for RHR Shutdown Cooling subsystem consists of two (2) operable subsystem is single active failure proof in operation in Hot Shutdown, Suppression pumps and the required operable flowpath to that the failure of a motor-operated valve, Pool Spray, and Suppression Pool Cooling provide decay heat removal via the diesel generator, or pump does not prevent continue to require two (2) independent associated RHR heat exchanger. the system from performing its safety loops to be operable in OPCONs 1, 2, and 3*, The RHRSW system piping is designed, function. (In the same manner that manual meaning both RHR heat exchangers will still fabricated, inspected, and tested in action may be required for RHR system be required to be operable throughout accordance with the requirements of ASME, alignment in OPCONs 4 and 5 with one (1) OPCON 3. Section III, Class 3, and each RHRSW RHR heat exchanger operable, a failure of the The four (4) ‘‘subsystem’’ Shutdown subsystem is single active failure proof in motor-operated RHRSW inlet or outlet heat Cooling designation has no effect on the that the failure of a motor-operated valve, exchanger isolation valves may require required operability of the Residual Heat diesel generator, or pump does not prevent manual positioning for the required Removal Service Water (RHRSW) system. As the system from performing its safety alignment.) required by TS Section 3.7.1.1, the RHRSW function. The required availability of four (4) loops subsystem(s) associated with the required The required availability of four (4) loops of the LPCI mode of RHR during OPCONs 1, operable RHR heat exchanger(s) will of the LPCI mode of RHR during OPCONs 1, 2, and 3* as required by TS Section 3.5.1 is continue to remain operable. Each operable 2, and 3 as required by TS Section 3.5.1 and not affected by the four (4) ‘‘subsystem’’ RHRSW subsystem consists of two (2) 3.5.2 is not impacted by the four (4) Shutdown Cooling configuration. No change operable pumps and the required operable ‘‘subsystem’’ Shutdown Cooling designation. to any RHR system instrumentation logic, flowpath to provide decay heat removal via No change to any RHR system required ECCS availability, or method of the associated RHR heat exchanger. instrumentation logic, required ECCS operation is involved. The RHRSW system piping is designed, availability, or method of operation is NUREG-1433, Revision 1, also re-affirms fabricated, inspected, and tested in involved. that each Shutdown Cooling ‘‘subsystem’’ is 55038 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices considered operable if it can be manually probability of occurrence of an accident probability or consequences of an accident aligned, remotely or locally, in the Shutdown previously evaluated or act as a new accident previously evaluated. Cooling mode for removal of decay heat. initiator. Implementation of the proposed 2. The proposed TS changes do not create Thus, a LPCI-dedicated pump can be aligned changes will affect the manner in which the possibility of a new or different kind of for LPCI automatic initiation, yet still be these structures, systems, or components accident from any accident previously considered part of an operable Shutdown (SSCs) are tested; however, the new testing evaluated. Cooling ‘‘subsystem’’ as long as it can be re- schedule is not an initiator of any analyzed Performance-based test intervals for Type aligned for Shutdown Cooling. event. No equipment changes are involved A, B, and C leak tests do not introduce a new Therefore, the proposed TS changes do not with adoption of Option B; therefore, or different type of accident or create the involve a significant reduction in a margin of performance-based test intervals for Type A, possibility of a different type of malfunction safety. B, and C tests do not increase the probability of equipment important to safety than The NRC staff has reviewed the of occurrence of a malfunction of equipment previously evaluated. No physical changes licensee’s analysis and, based on this important to safety previously evaluated. No are being made to the plant, nor are there any review, it appears that the three physical changes are being made to the plant, changes being made in the operation of the nor are there any changes being made in the plant as the result of increasing the test standards of 10 CFR 50.92(c) are operation of the plant as the result of intervals. No new failure modes of plant satisfied. Therefore, the NRC staff increasing the test intervals. Additionally, equipment previously evaluated will be proposes to determine that the the proposed TS changes will not alter the introduced. Additionally, the TS changes amendment request involves no operation of equipment available for the will not alter the operation of equipment significant hazards consideration. mitigation of accidents or transients, available for the mitigation of accidents or Local Public Document Room therefore, this change will not result in any transients. The safety function of the primary location: Pottstown Public Library, 500 significant increase to onsite or offsite dose containment will be retained since the High Street, Pottstown, PA 19464 previously evaluated. The potential for time- containment will continue to provide an Attorney for licensee: J. W. Durham, based and activity-based failure mechanisms essentially leak tight barrier against the which could lead to excessive containment uncontrolled release of radioactivity to the Sr., Esquire, Sr. V. P. and General leakage has been determined to be minimal. environment for postulated accidents Counsel, Philadelphia Electric Performance-based test intervals for Type A, previously evaluated. Company, 2301 Market Street, B, and C tests will not alter any safety limits Therefore, the proposed TS changes will Philadelphia, PA 19101 which ensure the integrity of fuel barriers, not create the possibility of a new or different NRC Project Director: John F. Stolz and will not increase the primary kind of accident from any accident containment leakage limits. previously evaluated. Philadelphia Electric Company, Docket Performance-based test intervals for Type 3. The proposed TS changes do not involve Nos. 50-352 and 50-353, Limerick A, B, and C leak tests do not increase the a significant reduction in a margin of safety. Generating Station, Units 1 and 2, consequences of an accident previously The margin of safety is not reduced as a Montgomery County, Pennsylvania evaluated. NUREG-1493 concluded that result of adopting 10 CFR 50, Appendix J, Date of amendment request: June 28, reducing the frequency of Type A tests from Option B. The effect of increasing the current three per ten years to one per ten containment leakage rate testing intervals 1996 years was found to lead to an imperceptible was evaluated in NUREG-1493 using Description of amendment request: increase in risk. NUREG-1493 includes the historical industry leakage rate testing The proposed Technical Specifications results of a sensitivity study performed to results. Performance history at LGS is (TS) changes would incorporate explore the risk impact of several alternative consistent with the conclusions reached in performance-based testing, in leak rate test schedules. The estimated NUREG-1493 and NEI 94-01. The results of accordance with 10 CFR Part 50, increase in population exposure risk ranged the NUREG evaluation conclude that the Appendix J, ‘‘Primary Reactor from 0.02% to 0.14%. The risk impact was increased safety risk corresponding to the Containment Leakage Testing For determined to be very small since Type B extended test intervals is small (less than Water-Cooled Power Reactors,’’ Option and C testing (local leak rate tests) detect a 0.1% of total risk). The revised TS will very large percentage of overall containment continue to maintain the allowable leakage B. This option allows utilities to extend leakages. The percentage of leakages detected rate for the Type A tests. In addition, the the frequencies of the Type A by Type A tests is very small. Past test results requirement to perform a periodic general Containment (ILRT) Leak Rate Test and experienced at Limerick Units 1 and 2 concur visual inspection of the primary containment Type B and C Local Leak Rate Tests with these determinations. NUREG-1493 also has been maintained at the original interval (LLRTs) based on the performance and concluded that the overall unit risk is not of three times in 10 years as part of the design of the containment and very sensitive to changes in containment performance-based leakage rate testing components. leakage rates. Given the insensitivity of risk program. Basis for proposed no significant to containment leak rates and the small The risk of a non-detectable increase of hazards consideration determination: fraction of leak paths detected solely by the primary containment leakage is considered to Type A tests, increasing the interval between be negligible due to the conclusion that 10 As required by 10 CFR 50.91(a), the Type A tests is possible with minimal impact CFR 50, Appendix J, Type B and C testing licensee has provided its analysis of the on public risk. program will continue to be conducted issue of no significant hazards NUREG-1493 also concluded that, based on between Type A tests. A review of previous consideration, which is presented a model of component failure with time, the LGS Type A test results has concluded that below: performance-based alternatives to current, the only failure mechanisms are activity- 1. The proposed TS changes do not involve local-leakage testing requirements are based. There is no indication of time-based a significant increase in the probability or feasible without significant risk impact. The failures that would not be identified during consequences of an accident previously LGS design and past performance is bounded the performance of Type B and C tests. evaluated. by the NUREG study. The NUREG model Therefore, we have concluded that the Incorporation of the new 10 CFR 50, indicated that the number of components proposed adoption of the Option B intervals Appendix J, Option B at LGS, Units 1 and 2 tested could be reduced by about 60% with would not result in a non-detectable primary does not increase the probability of less than a three-fold increase in the containment leakage rate in excess of the occurrence of an accident previously incremental risk due to containment leakage. allowable value (i.e., 0.5% wt/day) evaluated. The containment structure Since under existing requirements, leakage established by the LGS TS. including its isolation capability is not an contributes less than 0.1 percent of overall The proposed TS will continue to maintain accident initiator. accident risk, the overall impact is very the allowable leakage rate for the combined These changes do not involve any changes small. Type B and C tests. As supported by the to the containment structure, system or Therefore, the proposed TS changes will findings of NUREG-1493, the percentage of components which could increase the not involve a significant increase in the leakages detected by Type A tests is small (as Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55039 stated above) and Type B and C leakage tests introduce any new potential accident As required by 10 CFR 50.91(a), the are capable of detecting more than 97% of initiating conditions. The consequences of an licensee has provided its analysis of the containment leakages and virtually all such accident previously evaluated is not issue of no significant hazards leakages are identified by local leak rate tests increased because the ability of containment consideration, which is presented of containment isolation valves. The Type B to restrict the release of any fission product and C test intervals will be established radioactivity to the environment will not be below: 1. The proposed change does not involve through the PCLRTP for each component degraded by this change. a significant increase in the probability or based on design and previous LGS test 2. The proposed change does not create the consequences of an accident previously performance history. possibility of a new or different kind of evaluated. Therefore, the proposed TS changes do not accident from any accident previously Since no change is being made to the involve a reduction in a margin of safety. evaluated. The proposed changes are administrative offsite power supplies, or to any system or The NRC staff has reviewed the component that interfaces with the offsite licensee’s analysis and, based on this in nature, do not result in a physical alterations or changes to the operation of the power supplies, there is no change in the review, it appears that the three probability of a Loss of Offsite Power standards of 10 CFR 50.92(c) are plant, and cause no change in the method by which any safety-related system performs its Accident. satisfied. Therefore, the NRC staff functions. Therefore, this proposed change The proposed changes provide the proposes to determine that the will not create the possibility of a new or necessary conservatism for voltage and amendment request involves no different kind of accident from any frequency to ensure the EDGs are not run in significant hazards consideration. previously evaluated. an overloaded condition and that driven Local Public Document Room 3. The proposed change does not involve equipment is not damaged during steady location: Pottstown Public Library, 500 a significant reduction in a margin of safety. state operation following a Loss of Offsite Power coincident with a Loss of Coolant High Street, Pottstown, PA 19464 The administrative change to relocate TS Table 3.6-1 to the UFSAR does not alter the Accident. Since the narrower band of voltage Attorney for licensee: J. W. Durham, and frequency for the isochronous mode Sr., Esquire, Sr. V. P. and General basic regulatory requirements for containment isolation and will not adversely continues to ensure proper steady state Counsel, Philadelphia Electric affect the containment isolation capability for operation of the EDG and associated driven Company, 2301 Market Street, credible accident scenarios. Adequate control equipment, there is no change in the Philadelphia, PA 19101 of the content of the relocated table is consequences of an accident previously NRC Project Director: John F. Stolz assured by the 10CFR50.59 review process. evaluated. Based on the above, the proposed Public Service Electric & Gas Company, The proposed relocation of TS Table 3.6- 1 does not alter the requirements for CIV amendment does not involve a significant Docket Nos. 50-272 and 50-311, Salem operability currently in the TS. the Limiting increase in the probability or consequences Nuclear Generating Station, Unit Nos. 1 Condition for Operation and the Surveillance of an accident previously evaluated. and 2, Salem County, New Jersey Requirements would be retained in the 2. The proposed change does not create the possibility of a new or different kind of Date of amendment request: revised TS. Therefore, the proposed changes will not affect the meaning, application, and accident from any accident previously September 25, 1996 evaluated. Description of amendment request: function of the current TS requirements for the CIVs. The proposed amendment does not result The amendments would relocate to the The NRC staff has reviewed the in any design or physical configuration Salem Updated Final Safety Analysis licensee’s analysis and, based on this changes to the EDGs. Proposed changes made to the testing parameters and testing Report the list of containment isolation review, it appears that the three valves that are currently located in methodology will not cause a new or standards of 10 CFR 50.92(c) are different accident since the EDGs are used for Table 3.6-1 of Technical Specification satisfied. Therefore, the NRC staff 3.6.3. In addition, references to the table accident mitigation and no new failure proposes to determine that the modes are being introduced. Therefore, the in specifications 1.7, 3.6.1, and 3.6.3 are amendment request involves no proposed amendment will not create the being updated. significant hazards consideration. possibility of a new or different kind of Basis for proposed no significant Local Public Document Room accident from any previously evaluated. hazards consideration determination: location: Salem Free Public library, 112 3. The proposed change does not involve As required by 10 CFR 50.91(a), the West Broadway, Salem, NJ 08079 a significant reduction in a margin of safety. licensee has provided its analysis of the Attorney for licensee: Mark J. The proposed amendment provides further issue of no significant hazards Wetterhahn, Esquire, Winston and conservatism to the voltage and frequency band currently specified in the TSs. The consideration, which is presented Strawn, 1400 L Street, NW, Washington, below: proposed voltage and frequency changes DC 20005-3502 ensure the EDG will not be overloaded from 1. The proposed change does not involve NRC Project Director: John F. Stolz a significant increase in the probability or an over-frequency condition and driven consequence of an accident previously Public Service Electric & Gas Company, equipment will not be damaged from an over- evaluated. Docket Nos. 50-272 and 50-311, Salem voltage condition. The proposed changes simplify the TS, The control system is set to control the Nuclear Generating Station, Unit Nos. 1 EDG voltage within the bands specified in meet the regulatory requirements for control and 2, Salem County, New Jersey of containment isolation, and are consistent the requested changes. The changes are with the guidance provided in Generic Letter Date of amendment request: consistent with current calculations and (GL) 91-08, ‘‘Removal of Component Lists September 25, 1996 within the capability of the controls. Since from Technical Specifications.’’ The Description of amendment request: the narrower band of voltage and frequency procedural details of TS Table 3.6-1 have not The amendments would change for the isochronous mode is bounded by the existing TS, there is no change in the margin been changed, only relocated to a different Technical Specification 3/4.8.1, controlling document, the Salem Update [sic] of safety. The increased band for droop mode ‘‘Electrical Power Systems,’’ to revise will ensure the EDG is capable of operating [Updated] Final Safety Analysis Report the Emergency Diesel Generator (EDG) (UFSAR). The proposed changes are in accordance with normal offsite power administrative in nature, should result in voltage and frequency limits as a result parameters and does not reduce the margin improved administrative practices, and do of updated EDG load calculations and to of safety. not affect plant operations. eliminate ambiguity in the testing The NRC staff has reviewed the The probability of occurrence of a methodology for EDG start timing. licensee’s analysis and, based on this previously evaluated accident is not Basis for proposed no significant review, it appears that the three increased because this change does not hazards consideration determination: standards of 10 CFR 50.92(c) are 55040 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices satisfied. Therefore, the NRC staff an accident since this is a very small Public Service Electric & Gas Company, proposes to determine that the incremental time addition. The values for the Docket No. 50-311, Salem Nuclear amendment request involves no low steam line pressure safety injection are Generating Station, Unit No. 2, Salem significant hazards consideration. higher and are bounded by the present County, New Jersey Local Public Document Room accident analysis. The elimination of the obsolete stroke time of eight seconds is Date of amendment request: location: Salem Free Public library, 112 editorial in nature. As a result, the changes September 20, 1996, as supplemented West Broadway, Salem, NJ 08079 proposed do not involve a significant September 30, 1996 Attorney for licensee: Mark J. increase in the probability or consequence of Description of amendment request: Wetterhahn, Esquire, Winston and an accident previously evaluated. The proposed amendment would Strawn, 1400 L Street, NW, Washington, 2. The proposed change does not create the change Technical Specification 4.7.7.b.4 possibility of a new or different kind of DC 20005-3502 to indicate that the specified flowrate NRC Project Director: John F. Stolz accident from any accident previously evaluated. for the Auxiliary Building Exhaust Air Public Service Electric & Gas Company, The proposed changes do not involve any Filtration System applies only to system Docket Nos. 50-272 and 50-311, Salem modifications to existing plant equipment, do testing. Nuclear Generating Station, Unit Nos. 1 not alter the function of any plant systems, Basis for proposed no significant and 2, Salem County, New Jersey do not introduce any new operating hazards consideration determination: configurations or new modes of plant As required by 10 CFR 50.91(a), the Date of amendment request: October operation, nor change the safety analyses. licensee has provided its analysis of the 1, 1996 The proposed changes will, therefore, not issue of no significant hazards Description of amendment request: create the possibility of a new or different consideration, which is presented The proposed amendments would kind of accident from any accident below: previously evaluated. change Technical Specifications (TSs) 1. The proposed change does not involve 3. The proposed change does not involve 3/4.7.1.5, ‘‘Main Steam Line Isolation a significant increase in the probability or a significant reduction in a margin of safety. Valves (MSIVs),’’ and 3/4.3.2, consequences of an accident previously MSIV testing in Mode 2 is within the ‘‘Engineered Safety Feature Actuation evaluated. currently analyzed plant operation as System Instrumentation.’’ These The accident considered in this proposed discussed in the Updated Final Safety change is the Loss of Coolant Accident changes are needed to accommodate Analysis Report (UFSAR) Sections 10.3 and entry into Modes 3 and 2 prior to (LOCA) as described in Section 15.4 of the 15.4. These UFSAR sections address UFSAR [Updated Final Safety Analysis performing MSIV closure time testing in performance of the TS surveillance test at or Mode 2. The proposed amendments Report]. The assumption is that: ‘‘The near 1000 psig Steam Generator pressure to Auxiliary Building Ventilation System will would also allow for the repair and assure main steam isolation occurs within discharge the vapor (from recirculation liquid testing of inoperable MSIVs in certain the accident conditions, where Steam leakage) to the atmosphere through charcoal operating Modes, and would change the Generator pressure may be lower during filters which have an efficiency of 90 low steam line pressure trip setpoint Mode 1 operation. The test methodology percent.’’ As such the system acts to limit the value for safety injection to make it demonstrating MSIV operability is consistent total offsite and control room radiation doses consistent with the previously approved with the accident analysis. following a LOCA. Operation in Modes 2 and 3 with one or value for steam line isolation. The Auxiliary Building Ventilation System more isolation valve inoperable and in the [ABVS] is designed to maintain the Auxiliary Basis for proposed no significant closed position does not impact the margin hazards consideration determination: Building at a negative pressure with respect of safety since the valves are already to the atmosphere during normal and As required by 10 CFR 50.91(a), the performing the safety function. emergency operation. Filtration of radio- licensee has provided its analysis of the The protective functions that occur as a iodines is accomplished by administratively issue of no significant hazards result of the low steam line pressure aligning the ECCS [emergency core cooling consideration, which is presented initiating signal remain bounded by the system] equipment areas exhaust flows to the below: values assumed in the safety analyses. That standby charcoal adsorber bed if required. 1. The proposed change does not involve is, the protective functions that occur as a The ABVS has no direct impact on reactor a significant increase in the probability or result of this initiating signal already assume operation or on any system connected to the consequences of an accident previously a setpoint that is conservative for the revised Reactor Coolant Pressure Boundary. evaluated. value. The change to the setpoint eliminates The emergency operation of the Auxiliary The isolation capability of the MSIVs and conflicting information in the TS. Building Ventilation System is not affected the protective functions of the low steam line Therefore, the proposed changes does not by the proposed changes. The acceptance pressure channels are necessary for accident involve a significant reduction in a margin of criteria for system performance are not mitigation and do not impact the probability safety. modified by the requested change. The of an accident. MSIV testing in the higher The NRC staff has reviewed the change clarifies the intent of SR [surveillance modes is necessary to obtain conditions licensee’s analysis and, based on this requirement] 4.7.7.b.4 and the basis for the which enable testing of the MSIVs. These review, it appears that the three flowrates used for system acceptance testing. conditions are consistent with the current It has been determined that operation of the accident analyses for main steam line breaks standards of 10 CFR 50.92(c) are system at lower flow rates than those and secondary system depressurization. satisfied. Therefore, the NRC staff specified for surveillance testing is Failure of a MSIV, which could be proposes to determine that the conservative with respect to the radio-iodine encountered during testing, is accounted for amendment request involves no removal efficiency assumed for the charcoal in the accident analyses. significant hazards consideration. adsorber. A higher removal efficiency results Provisions for entering Mode 2 within six Local Public Document Room in lower total exposures at the site boundary hours with an inoperable MSIV allows and within the control room. Additionally, operators to remove the plant from power location: Salem Free Public library, 112 the system is capable of maintaining the generation in a more controlled manner West Broadway, Salem, NJ 08079 required negative pressure at the reduced without challenging plant safety systems and Attorney for licensee: Mark J. flowrate. is consistent with other plant shutdown TS Wetterhahn, Esquire, Winston and Given the above, it is concluded that the (i.e., TS 3.0.3). The additional six hours to Strawn, 1400 L Street, NW, Washington, proposed change does not result in an Hot Shutdown, should MSIV closure be increase in the probability or consequences infeasible, does not result in a significant DC 20005-3502 associated with previously analyzed increase in the probability or consequence of NRC Project Director: John F. Stolz accidents. Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55041

2. The proposed change does not create the page cited. This notice does not extend Date of individual notice in Federal possibility of a new or different kind of the notice period of the original notice. Register: August 30, 1996 (61 FR 45995) accident from any accident previously Expiration date of individual notice: evaluated. Arizona Public Service Company, et al., September 30, 1996 The proposed amendment does not result Docket Nos. STN 50-528, STN 50-529, Local Public Document Room in any design or operational change to the and STN 50-530, Palo Verde Nuclear ABVS, to the Nuclear Steam Supply System, location: W. Dale Clark Library, 215 Generating Station, Units Nos. 1, 2, and South 15th Street, Omaha, Nebraska to the ECCS System, to the Containment 3, Maricopa County, Arizona Building, to the fuel or to the electrical power 68102 supplies. Therefore, the proposed Date of application for amendments: amendment does not create the possibility of June 17, 1996 Wisconsin Electric Power Company, a new or different kind of accident from any Brief description of amendments Docket Nos. 50-266 and 50-301, Point previously evaluated. request: The proposed amendments Beach Nuclear Power Plant, Unit Nos. 3. The proposed change does not involve would modify the technical 1 and 2, Town of Two Creeks, a significant reduction in a margin of safety. specifications to change (1) the Manitowoc County, Wisconsin Specification 3/4.7.7 and the associated bases were reviewed to determine if the reference method for calculating dose Date of application for amendment: proposed changes result in a reduction in the conversion factors (DCFs) to be used in September 19, 1996 margin of safety. The change to SR 4.7.7.b.4 dose calculations, and (2) the upper and Brief description of amendment continues to assure that the system is lower limits for operating pressurizer request: The proposed amendments operated consistent with the assumptions of pressure to account for new instrument would change Technical Specification the accident analysis. The proposed changes uncertainties and to reduce the allowed requirements related to the low to Bases 3/4.7.7 clarify the basis for flowrates operating band. temperature overpressure protection associated with ABVS surveillance test Date of individual notice in Federal (LTOP) system. Specifically, the reactor requirements. All changes result in ABVS Register: September 11, 1996 (61 FR operation that is just as conservative as that coolant system (RCS) temperature below assumed in existing analyses. 47963) which LTOP is required to be enabled The proposed changes do not involve the Expiration date of individual notice: and one high pressure safety injection addition or modification of plant equipment, October 11, 1996 pump is required to be rendered are consistent with the design basis of the Local Public Document Room inoperable would be changed from 275 ABVS as described in the UFSAR, and location: Phoenix Public Library, 1221 °F to 355 °F. Also, a specification would appropriately limit operation to be consistent N. Central Avenue, Phoenix, Arizona be added stating that only one reactor with the assumptions of the accident 85004 analysis. As such there is no reduction in a coolant pump shall be operated when margin of safety. Arizona Public Service Company, et al., the RCS temperature is less than or The NRC staff has reviewed the Docket Nos. STN 50-528, STN 50-529, equal to 125 °F. Finally, editorial licensee’s analysis and, based on this and STN 50-530, Palo Verde Nuclear changes would be made to rename the review, it appears that the three Generating Station, Units Nos. 1, 2, and ‘‘Overpressure Mitigating System’’ as standards of 10 CFR 50.92(c) are 3, Maricopa County, Arizona the ‘‘Low Temperature Overpressure satisfied. Therefore, the NRC staff Date of application for amendments: Protection System.’’ Date of individual proposes to determine that the June 28, 1996 notice in Federal Register: October 1, amendment request involves no Brief description of amendments 1996 (61 FR 51308) Expiration date of significant hazards consideration. request: The proposed amendments individual notice: October 31, 1996 Local Public Document Room would modify the technical Local Public Document Room location: Salem Free Public library, 112 specifications to increase the minimum location: Joseph P. Mann Library, 1516 West Broadway, Salem, NJ 08079 required amount of anhydrous Sixteenth, Two Rivers, Wisconsin 54241 Attorney for licensee: Mark J. trisodium phosphate (TSP) in the Wisconsin Public Service Corporation, Wetterhahn, Esquire, Winston and containment baskets. Docket No. 50-305, Kewaunee Nuclear Strawn, 1400 L Street, NW, Washington, Date of individual notice in Federal Power Plant, Kewaunee County, DC 20005-3502 Register: September 11, 1996 (61 FR Wisconsin NRC Project Director: John F. Stolz 47962), as corrected September 26, 1996 (61 FR 50535). Date of application for amendment: Previously Published Notices Of September 27, 1996 Consideration Of Issuance Of Expiration date of individual notice: October 11, 1996 Brief description of amendment Amendments To Facility Operating request: The proposed amendment Licenses, Proposed No Significant Local Public Document Room location: Phoenix Public Library, 1221 would change Technical Specification Hazards Consideration Determination, (TS) requirements related to the low And Opportunity For A Hearing N. Central Avenue, Phoenix, Arizona 85004 temperature overpressure protection The following notices were previously (LTOP) system. Specifically, the LTOP published as separate individual Omaha Public Power District, Docket curve would be modified to define 10 notices. The notice content was the No. 50-285, Fort Calhoun Station, Unit CFR Part 50, Appendix G pressure same as above. They were published as No. 1, Washington County, Nebraska temperature limitations for LTOP individual notices either because time Date of application for amendment: evaluation through the end of operating did not allow the Commission to wait August 23, 1996 cycle (EOC) 33. In addition, the LTOP for this biweekly notice or because the Brief description of amendment enabling temperature and the action involved exigent circumstances. request: The proposed amendment temperature required for starting a They are repeated here because the would revise Paragraph 2.B(2) of reactor coolant pump would be changed biweekly notice lists all amendments Facility Operating License No. DPR-40 consistent with the design basis for the issued or proposed to be issued to allow source materials in the form of LTOP system. Finally, the TS bases involving no significant hazards depleted or natural uranium as reactor would be changed consistent with he consideration. fuel and to revise Technical changes described above. For details, see the individual notice Specification 4.3.2 to include depleted Date of individual notice in Federal in the Federal Register on the day and uranium in describing the reactor core. Register: October 7, 1996 (61 FR 52472) 55042 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

Expiration date of individual notice: Date of issuance: October 3, 1996 Amendment No.: 186 November 6, 1996 Effective date: October 3, 1996 Facility Operating License No. DPR- Local Public Document Room Amendment No.: 67 51: Amendment revised the Technical location: University of Wisconsin, Facility Operating License No. NPF- Specifications. Cofrin Library, 2420 Nicolet Drive, 63. Amendment revises the Technical Date of initial notice in Federal Green Bay, Wisconsin 54311-7001 Specifications. Register: June 5, 1996 (61 FR 28613) Date of initial notice in Federal The Commission’s related evaluation of Notice Of Issuance Of Amendments Register: August 28, 1996 (61 FR 44354) the amendment is contained in a Safety ToFacility Operating Licenses The Commission’s related evaluation of Evaluation dated October 3, 1996.No During the period since publication of the amendment is contained in a Safety significant hazards consideration the last biweekly notice, the Evaluation dated October 3, 1996.No comments received: No. Commission has issued the following significant hazards consideration Local Public Document Room amendments. The Commission has comments received: No location: Tomlinson Library, Arkansas determined for each of these Local Public Document Room Tech University, Russellville, AR 72801 amendments that the application location: Cameron Village Regional Entergy Operations, Inc., Docket No. complies with the standards and Library, 1930 Clark Avenue, Raleigh, 50-382, Waterford Steam Electric requirements of the Atomic Energy Act North Carolina 27605 Station, Unit 3, St. Charles Parish, of 1954, as amended (the Act), and the Louisiana Commission’s rules and regulations. Entergy Operations, Inc., Docket Nos. The Commission has made appropriate 50-313 and 50-368, Arkansas Nuclear Date of amendment request: findings as required by the Act and the One, Unit Nos. 1 and 2, Pope County, November 7, 1995, as supplemented by Commission’s rules and regulations in Arkansas letter dated April 11, 1996. 10 CFR Chapter I, which are set forth in Date of amendment request: April 11, Brief description of amendment: The the license amendment. 1996, as supplemented August 23, 1996 amendment modifies the Appendix A Notice of Consideration of Issuance of Brief description of amendments: The Technical Specifications related to Amendment to Facility Operating amendments revised the Technical Safety Injection Tank level and pressure License, Proposed No Significant Specifications to permit implementation setpoints. Hazards Consideration Determination, of 10 CFR Part 50, Appendix J, Option Date of issuance: September 27, 1996 Effective date: September 27, 1996 and Opportunity for A Hearing in B. Amendment No.: 121 connection with these actions was Date of issuance: October 3, 1996 Facility Operating License No. NPF- published in the Federal Register as Effective date: October 3, 1996 38: Amendment revised the Technical indicated. Amendment Nos.: 185 and 176 Specifications. Unless otherwise indicated, the Facility Operating License Nos. DPR- Date of initial notice in Federal Commission has determined that these 51 and NPF-6: Amendments revised the Register: November 27, 1995 (60 FR amendments satisfy the criteria for Technical Specifications. 58401) The additional information categorical exclusion in accordance Date of initial notice in Federal contained in the supplemental letter with 10 CFR 51.22. Therefore, pursuant Register: May 8, 1996 (61 FR 20846) The dated April 11, 1996, was clarifying in to 10 CFR 51.22(b), no environmental additional information contained in the nature and thus, within the scope of the impact statement or environmental supplemental letter dated August 23, initial notice and did not affect the assessment need be prepared for these 1996, was clarifying in nature and thus, staff’s proposed no significant hazards amendments. If the Commission has within the scope of the initial notice consideration determination. The prepared an environmental assessment and did not affect the staff’s proposed Commission’s related evaluation of the under the special circumstances no significant hazards consideration amendment is contained in a Safety provision in 10 CFR 51.12(b) and has determination.The Commission’s Evaluation dated September 27, made a determination based on that related evaluation of the amendments is 1996.No significant hazards assessment, it is so indicated. contained in a Safety Evaluation dated consideration comments received: No. For further details with respect to the October 3, 1996.No significant hazards Local Public Document Room action see (1) the applications for consideration comments received: No. location: University of New Orleans amendment, (2) the amendment, and (3) Public Document Room location: Library, Louisiana Collection, Lakefront, the Commission’s related letter, Safety Tomlinson Library, Arkansas Tech New Orleans, LA 70122 Evaluation and/or Environmental University, Russellville, AR 72801 Florida Power and Light Company, Assessment as indicated. All of these Entergy Operations, Inc., Docket No. items are available for public inspection Docket Nos. 50-250 and 50-251, Turkey 50-313, Arkansas Nuclear One, Unit Point Plant Units 3 and 4, Dade County, at the Commission’s Public Document No. 1, Pope County, Arkansas Room, the Gelman Building, 2120 L Florida Street, NW., Washington, DC, and at the Date of amendment request: April 29, Date of application for amendments: local public document rooms for the 1996 July 17, 1996 particular facilities involved. Brief description of amendment: The Brief description of amendments: The amendment relocated cycle specific Carolina Power & Light Company, et amendments consist of changes to the operating parameters from the Technical Technical Specifications regarding al., Docket No. 50-400, Shearon Harris Specifications to the Core Operating Nuclear Power Plant, Unit 1, Wake and containment leakage tests. Limits Report per Generic Letter 88-16. Date of issuance: October 4, 1996 Chatham Counties, North Carolina The parameters being relocated by this Effective date: October 4, 1996 Date of application for amendment: amendment include the variable low Amendment Nos.: 192 and July 19, 1996 reactor coolant system pressure trip and 186Facility Operating Licenses Nos. Brief description of amendment: The the variable low reactor coolant system DPR-31 and DPR-41: Amendments amendment revises the containment pressure-temperature protective limits. revised the Technical Specifications. spray nozzle surveillance interval in TS Date of issuance: October 3, 1996 Date of initial notice in Federal 3/4.6.2 from 5 to 10 years. Effective date: October 3, 1996 Register: August 28, 1996 (61 FR 44357) Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55043

The Commission’s related evaluation of 65679). The Commission’s related amendment also adds Operability and the amendments is contained in a Safety evaluation of the amendment is Surveillance Requirements (SRs) for the Evaluation dated October 4, 1996.No contained in a Safety Evaluation dated drywell air lock. Minor administrative significant hazards consideration October 8, 1996No significant hazards changes were also made. These changes comments received: No consideration comments received: No. are consistent with comparable Local Public Document Room Local Public Document Room specifications in the Improved Standard location: Florida International location: Government Publications Technical Specifications (ITS), NUREG- University, University Park, Miami, Section, State Library of Pennsylvania, 1433. In addition, the staff executed Florida 33199 Walnut Street and Commonwealth administrative changes and corrections Avenue, Box 1601, Harrisburg, to the TS Bases, as submitted in two Georgia Power Company, Oglethorpe Pennsylvania 17105 letters dated February 13, 1995. Sections Power Corporation, Municipal Electric changed or corrected are Section 1.2, Authority of Georgia, City of Dalton, IES Utilities Inc., Docket No. 50-331, Bases; Section 2.2, Bases Reactor Georgia, Docket Nos. 50-321 and 50- Duane Arnold Energy, Center, Linn Coolant System Integrity; Section 3.7.H/ 366, Edwin I. Hatch Nuclear Plant, County, Iowa 4.7.H, Bases Containment Atmosphere Units 1 and 2, Appling County, Georgia Date of application for amendment: Dilution; and Section 3.7.I/4.7.I, Bases Date of application for amendments: July 5, 1996 Oxygen Concentration. May 21, 1996 Brief description of amendment: The Date of issuance: October 4, 1996 Brief description of amendments: The amendment will support the Effective date: October 4, 1996 amendments revise the condensate implementation of noble metal chemical Amendment No.: 219 storage tank level indication to ensure addition at the Duane Arnold Energy Facility Operating License No. DPR- that the water level is sufficient to Center as a method to enhance the 49: Amendment revised the Technical provide 50,000 gallons of water for core effectiveness of hydrogen water Specifications. spray makeup to the reactor pressure chemistry in mitigating intergranular Date of initial notice in Federal vessel. On September 24, 1996, based on stress corrosion cracking in reactor Register: January 31, 1996 (61 FR 3499) a teleconference between the licensee vessel internal components. The September 20, 1996, submittal was and the NRC project manager, it was Specifically, the amendment will permit clarifying in nature and did not affect mutually agreed to change the requested an increase of the reactor water the no significant hazards implementation schedule from 90 days conductivity limit in Technical determination. The Commission’s to 30 days. Specification (TS) Table 3.6.B.2-1 and related evaluation of the amendment is Date of issuance: October 2, 1996 several other changes in TS sections contained in a Safety Evaluation dated Effective date: As of the date of 4.6.B.2.c, 4.6.B.2.d, and the associated October 4, 1996.No significant hazards issuance to be implemented within 30 Bases. consideration comments received: No. days Date of issuance: October 3, 1996 Local Public Document Room Amendment Nos.: 202 and 143 Effective date: October 3, 1996 Facility Operating License Nos. DPR- Amendment No.: 218 location: Cedar Rapids Public Library, 57 and NPF-5: Amendments revised the Facility Operating License No. DPR- 500 First Street, S. E., Cedar Rapids, Technical Specifications. 49: Amendment revised the Technical Iowa 52401 Date of initial notice in Federal Specifications. Illinois Power Company and Soyland Register: August 28, 1996 (61 FR 44358) Date of initial notice in Federal Power Cooperative, Inc., Docket No. 50- The Commission’s related evaluation of Register: July 31, 1996 (61 FR 40020) 461, Clinton Power Station, Unit No. 1, the amendments is contained in a Safety The Commission’s related evaluation of DeWitt County, Illinois Evaluation dated October 2, 1996. No the amendment is contained in a Safety Date of application for amendment: significant hazards consideration Evaluation dated October 3, 1996. No June 28, 1996 and as supplemented on comments received: No significant hazards consideration Local Public Document Room comments received: No. September 17, 1996 location: Appling County Public Local Public Document Room Brief description of amendment: The Library, 301 City Hall Drive, Baxley, location: Cedar Rapids Public Library, amendment will allow removal of the Georgia 31513 500 First Street, S. E., Cedar Rapids, Inclined Fuel Transfer System (IFTS) Iowa 52401 primary containment blind flange while GPU Nuclear Corporation, Docket No. primary containment is required to be 50-320, Three Mile Island Nuclear IES Utilities Inc., Docket No. 50-331, operable. This will provide flexibility to Station, Unit No. 2, (TMI-2), Dauphin Duane Arnold Energy, Center, Linn operate the IFTS for the purpose of County, Pennsylvania County, Iowa testing and exercising the system during Date of application for amendment: Date of application for amendment: such conditions. Primary containment January 16, 1995 December 22, 1995, as supplemented integrity will be provided by an Brief description of amendment: This September 20, 1996 alternate means while the blind flange amendment revised the Technical Brief description of amendment: The is removed. The change will be Specification to incorporate an amendment revises the Duane Arnold incorporated via a provisional note into improvement from administrative Energy Center (DAEC) Technical Technical Specification (TS) controls section of the revised standard Specifications (TS) Sections 3.7.A and Surveillance Requirement 3.6.1.3.3, TS for B&W plants. 4.7.A, ‘‘Primary Containment,’’ by associated with TS 3.6.1.3, ‘‘Primary Date of issuance: October 8, 1996 deleting information also contained in Containment Isolation Valves (PCIVs).’’ Effective date: October 8, 1996 10 CFR Part 50, Appendix J, Option A Date of issuance: October 3, 1996 Amendment No.: 50Possession-Only and incorporating references to the Effective date: October 3, 1996 License No. DPR-73: The amendment Primary Containment Leakage Rate Amendment No.: 107 revised the Technical Specifications. Testing Program. These changes allow Facility Operating License No. NPF- Date of initial notice in Federal the use of the performance based option 62: The amendment revised the Register: December 20, 1995 (60 FR of containment leak testing. The Technical Specifications. 55044 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

Date of initial notice in Federal Date of initial notice in Federal Northern States Power Company, Register: July 31, 1996 (61 FR 40021) Register: July 31, 1996 (61 FR 40021) Docket No. 50-282, Prairie Island The information provided in the The August 21, 1996, submittal Nuclear Generating Plant, Unit No. 1, licensee’s letter of September 17, 1996 consisted of supporting technical Goodhue County, Minnesota provided clarifying information and did information which did not change the Date of application for amendment: not involve significant changes to the staff’s initial proposed no significant July 15, 1996, and supplemented August original Federal Register notice.The hazards consideration determination or 22, 1996 Commission’s related evaluation of the expand the scope of the original notice. Brief description of amendment: The amendment is contained in a Safety The Commission’s related evaluation of amendment allows the use of the Evaluation dated October 3, 1996.No the amendment is contained in a Safety moveable in-core detector system for significant hazards consideration Evaluation dated October 3, 1996.No measurement of the core peaking factors comments received: No significant hazards consideration with less than 75 percent and greater Local Public Document Room comments received: No. than or equal to 50 percent of the location: The Vespasian Warner Public Local Public Document Room detector thimbles available. The Library, 120 West Johnson Street, amendment is a one-time only change location: The Vespasian Warner Public Clinton, Illinois 61727 for Prairie Island, Unit 1, to reduce the Library, 120 West Johnson Street, number of required in-core detectors Illinois Power Company and Soyland Clinton, Illinois 61727 Power Cooperative, Inc., Docket No. 50- necessary for continued operation for 461, Clinton Power Station, Unit No. 1, Northeast Nuclear Energy Company, the remainder of Operating Cycle 18. DeWitt County, Illinois Docket No. 50-245, Millstone Nuclear Date of issuance: October 10, 1996 Effective date: October 10, 1996, and Date of application for amendment: Power Station, Unit 1, New London County, Connecticut shall remain effective for the remainder June 21, 1996, and as supplemented by of Cycle 18 only letter dated August 15, 1996 Date of application for amendment: Amendment No.: 124 Brief description of amendment: The May 2, 1996, as supplemented by letter Facility Operating License No. DPR- amendment modifies Section 5.7, ‘‘High dated August 30, 1996 42. Amendment revised the Technical Radiation Areas,’’ of the Specifications. ‘‘Administrative Controls’’ section of the Brief description of amendment: The amendment removes Technical Date of initial notice in Federal Clinton Power Station technical Register: July 31, 1996 (61 FR 40024) By Specification Figure 5.1, which was specifications (TS). The changes letter dated August 22, 1996, NSP used in maintaining K values, and include: (1) allowing utilization of a eff forwarded a copy of the results of its Radiation Work Permit (RWP) ‘‘or substitutes in its place a defined most recent low power physics tests to equivalent’’ to control entry into a high requirement for maximum Kinfinity for the NRC for use as a reference and radiation area; (2) clarifying the example any fuel placed in the Millstone Unit 1 provided additional clarifying given in the TS of individuals who are spent fuel pool. information. This information was qualified in radiation protection Date of Issuance: October 4, 1996 within the scope of the original procedures; (3) clarifying the Effective date: As of the date of application and did not change the requirements for when specified access staff’s initial proposed no significant controls and barriers for high radiation issuance, to be implemented within 60 days. hazards considerations determination. areas within large areas like the Therefore, renoticing was not containment may be established; (4) Amendment No.: 97 warranted.The Commission’s related clarifying that it is acceptable for an Facility Operating License No. DPR- evaluation of the amendments is RWP to specify a maximum dose, i.e., a 21: Amendment revised the Technical contained in a Safety Evaluation dated specified setpoint on an alarming Specifications. October 10, 1996. No significant hazards dosimeter in lieu of a stay time for entry Date of initial notice in Federal consideration comments received: No. into a high radiation area (where an Local Public Document Room Register: July 17, 1996 (61 FR 37301) individual could receive a deep dose location: Minneapolis Public Library, The August 30, 1996, letter provided equivalent of 3000 mrem in one hour); Technology and Science Department, (5) eliminating the upper dose limit for additional, clarifying information that 300 Nicollet Mall, Minneapolis, specifying the applicability of the did not change the scope of the May 2, Minnesota 55401 requirements of Specification 5.7.1; (6) 1996, application and the initial providing additional flexibility proposed no significant hazards Omaha Public Power District, Docket regarding the control of keys to locked consideration determination.The No. 50-285, Fort Calhoun Station, Unit doors for preventing unauthorized entry Commission’s related evaluation of this No. 1, Washington County, Nebraska into high radiation areas; (7) providing amendment is contained in a Safety Date of amendment request: May 17, alternate means of informing Evaluation dated October 4, 1996.No 1996 individuals of dose rates in immediate significant hazards consideration Brief description of amendment: The work areas; (8) reorganizing TS Sections comments received: No. amendment revises Technical 5.7.1, 5.7.2, and 5.7.3 into four sections Local Public Document Room Specifications (TS) 2.18, 3.14, 3.3, and (5.7.1, 5.7.2, 5.7.3 and 5.7.4); and (9) location: Learning Resources Center, 5.10 to relocate the operability making minor edits to enhance requirements for shock suppressors Three Rivers Community-Technical readability. (snubbers) from the TS to the Updated College, 574 New London Turnpike, Date of issuance: October 3, 1996 Safety Analysis Report (USAR) and Norwich, Connecticut and the Effective date: October 3, 1996 incorporate snubber examination and Amendment No.: 108 Waterford Library, ATTN: Vince testing requirements in TS 3.3. Facility Operating License No. NPF- Juliano, 49 Rope Ferry Road, Waterford, Date of issuance: September 27, 1996 62: The amendment revised the Connecticut Effective date: September 27, 1996 Technical Specifications. Amendment No.: 176 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55045

Facility Operating License No. DPR- The Commission’s related evaluation of Facility Operating License No. DPR- 40: Amendment revised the Technical the amendment is contained in a Safety 28: Amendment revised the Technical Specifications. Evaluation dated October 2, 1996.No Specifications. Date of initial notice in Federal significant hazards consideration Date of initial notice in Federal Register: August 28, 1996 (61 FR 44360) comments received: No Register: August 28, 1996 (61 FR 44364) The Commission’s related evaluation of Local Public Document Room The September 17, 1996, letter provided the amendment is contained in a Safety location: Reference and Documents clarifying information that did not Evaluation dated September 27, Department, Penfield Library, State change the scope of the August 9, 1996, 1996.No significant hazards University of New York, Oswego, New application and initial proposed no consideration comments received: No. York 13126 significant hazards consideration Local Public Document Room determination.The Commission’s Power Authority of the State of New location: W. Dale Clark Library, 215 related evaluation of the amendment is York, Docket No. 50-333, James A. South 15th Street, Omaha, Nebraska contained in a Safety Evaluation dated FitzPatrick Nuclear Power Plant, 68102 October 4, 1996.No significant hazards Oswego County, New York consideration comments received: No Omaha Public Power District, Docket Date of application for amendment: Local Public Document Room No. 50-285, Fort Calhoun Station,Unit March 27, 1996, as supplemented April location: Brooks Memorial Library, 224 No. 1, Washington County, Nebraska 24, 1996, and August 15, 1996 Main Street, Brattleboro, VT 05301 Date of amendment request: August Brief description of amendment: The 23, 1996 proposed amendment changes would South Carolina Electric & Gas Brief description of amendment: The permit implementation of 10 CFR Part Company, South Carolina Public amendment modifies paragraph 2.B.(2) 50, Appendix J, Option B with an Service Authority, Docket No. 50-395, of exception to the guidelines of Virgil C. Summer Nuclear Station, Unit Facility Operating License No. DPR-40 Regulatory Guide 1.163 for Type C No. 1, Fairfield County, South Carolina allowing the use of source material, in testing of primary containment isolation Date of application for amendment: the form of depleted or natural uranium, valves in the reverse (non-accident) April 16, 1996, as supplemented July as reactor fuel. direction. 25, 1996 Date of issuance: October 2, 1996 Date of issuance: October 4, 1996 Brief description of amendment: The Effective date: October 2, 1996 Effective date: As of the date of amendment permits implementation of Amendment No.: 177 issuance to be implemented within 30 10 CFR Part 50, Appendix J, Option B, Facility Operating License No. DPR- days. ‘‘Performance-Based Requirements.’’ 40: Amendment revised the Operating Amendment No.: 234 Date of issuance: October 2, 1996 License. Facility Operating License No. DPR- Effective date: October 2, 1996 Date of initial notice in Federal 59: Amendment revised the Technical Amendment No.: 135 Register: August 30, 1996 (61 FR 45995) Specifications. Facility Operating License No. NPF- The Commission’s related evaluation of Date of initial notice in Federal 12: Amendment revises the Technical the amendment is contained in a Safety Register: May 8, 1996 (61 FR 20855) The Specifications. Evaluation dated October 2, 1996.No Commission’s related evaluation of the Date of initial notice in Federal significant hazards consideration amendment is contained in a Safety Register: July 3, 1996 (61 FR 34898) The comments received: No. Evaluation dated October 4, 1996.No July 25, 1996, supplement provides Local Public Document Room significant hazards consideration clarifying information and did not location: W. Dale Clark Library, 215 comments received: No change the scope of the initial notice. South 15th Street, Omaha, Nebraska Local Public Document Room The Commission’s related evaluation of 68102 location: Reference and Documents the amendment is contained in a Safety Department, Penfield Library, State Evaluation dated October 2, 1996.No Power Authority of the State of New University of New York, Oswego, New significant hazards consideration York, Docket No. 50-333, James A. York 13126 comments received: No FitzPatrick Nuclear Power Plant, Local Public Document Room Oswego County, New York Vermont Yankee Nuclear Power location: Fairfield County Library, 300 Date of application for amendment: Corporation, Docket No. 50-271, Washington Street, Winnsboro, SC January 25, 1996 Vermont Yankee Nuclear Power 29180 Brief description of amendment: The Station, Vernon, Vermont amendment would extend the Date of application for amendment: Southern California Edison Company, instrumentation surveillance test August 9, 1996, as supplemented et al, Docket No. 50-206, San Onofre intervals to support 24-month operating September 17, 1996 Nuclear Generating Station, Unit No. 1, cycles. These proposed changes would Brief description of amendment: The San Diego County, California eliminate the mid-cycle outages to amendment revises the Technical Date of application for amendment: perform the Technical Specification Specifications to revise the safety limit March 13, 1996 surveillance requirements. minimum critical power ratio for cycle Brief description of amendment: The Date of issuance: October 2, 1996 19 operation from its current value of change revises the San Onofre Unit 1 Effective date: As of the date of 1.07 (for the fuel currently in the reactor License Condition 2.D. This change issuance to be implemented within 30 for cycle 18) for two recirculation loop eliminates a reporting requirement that days. operation to 1.10, and from 1.08 to 1.12 is redundant to reporting requirements Amendment No.: 233 for single recirculation loop operation. in 10 CFR 50.72 and 50.73. Facility Operating License No. DPR- Date of issuance: October 4, 1996 Additionally, the amendment makes 59: Amendment revised the Technical Effective date: As of the date of administrative and editorial changes to Specifications. issuance, to be implemented within 30 the Permanently Defueled Technical Date of initial notice in Federal days. Specifications. Register: May 22, 1996 (61 FR 25709) Amendment No.: 150 Date of issuance: October 3, 1996 55046 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

Effective date: October 3, 1996 TU Electric Company, Docket Nos. 50- Local Public Document Room Amendment No.: 158 445 and 50-446, Comanche Peak Steam location: Callaway County Public Electric Station, Unit Nos. 1 and 2, Library, 710 Court Street, Fulton, Facility Operating License No. DPR- Somervell County, Texas Missouri 65251. 13: The amendment revised the Technical Specifications. Date of amendment request: July 31, Union Electric Company, Docket No. 1996 (TXX-96433) Date of initial notice in Federal 50-483, Callaway Plant, Unit 1, Brief description of amendments: The Register: July 31, 1996 (61 FR 40028) Callaway County, Missouri amendments revised core safety limit The Commission’s related evaluation of Date of application for amendment: curves (Technical Specification (TS) the amendment is contained in a Safety April 17, 1996, as supplemented by Figure 2.1-1a) and new N-16 setpoint Evaluation dated October 3, 1996.No letters dated July 15, 1996, July 31, values and parameters (TS Table 2.1-1) significant hazards consideration 1996, and August 28, 1996. for Unit 1, and reference to topical comments received: No. Brief description of amendment: The report RXE-95-001-P as an approved Local Public Document Room amendment would change Technical methodology for small break loss of Specification (TS) 3/4.3 to support a location: Science Library, University of coolant accident analysis for Units 1 California, Irvine, California 92713 future modification to replace existing and 2. digital portions of the main steam and Southern California Edison Company, Date of issuance: September 30, 1996 feedwater isolation system (MSFIS) with et al., Docket Nos. 50-361 and 50-362, Effective date: September 30, 1996, to digital processor equipment and would San Onofre Nuclear Generating Station, be implemented within 30 days authorize revision of the FSAR to Unit Nos. 2 and 3, San Diego County, Amendment Nos.: 52 and 38 include a description of the MSFIS California Facility Operating License Nos. NPF- modification. 87 and NPF-89. The amendments Date of issuance: October 1, 1996 Date of application for amendments: revised the Technical Specifications. Effective date: October 1, 1996, to be December 6, 1995, as supplemented by Date of initial notice in Federal implemented prior to startup from the letters dated August 30, 1996, and Register: August 28, 1996 (61 FR 44362) Callaway Plant Refuel 8. September 20, 1996 The Commission’s related evaluation of Amendment No.: 117 Brief description of amendments: the amendments is contained in a Safety Facility Operating License No. NPF- These amendments revise Technical Evaluation dated September 30, 30: The amendment revised the Specifications (TS) Section 4.3 ‘‘Fuel 1996.No significant hazards Technical Specifications and the Final Storage’’ to allow fuel assemblies having consideration comments received: No. Safety Analysis Report. a maximum U-235 enrichment of 4.8 Local Public Document Room Date of initial notice in Federal weight percent (w/o) to be stored in location: University of Texas at Register: June 5, 1996 (61 FR 28619) both the spent fuel racks and the new Arlington Library, Government The July 15, 1996, July 31, 1996 and fuel racks. Additionally, TS Section Publications/Maps, 702 College, P.O. August 28, 1996 supplemental letters 3.7.18 ‘‘Spent Fuel Assembly Storage,’’ Box 19497, Arlington, TX 76019 provided additional clarifying Figures 3.7.18-1 ‘‘Unit 1 Fuel Minimum Union Electric Company, Docket No. information and did not change the Burnup vs. Initial Enrichment for 50-483, Callaway Plant, Unit 1, staff’s original no significant hazards Region II Racks,’’ and 3.7.18-2 ‘‘Units 2 Callaway County, Missouri consideration determination. The and 3 Fuel Minimum Burnup vs. Initial Commission’s related evaluation of the Enrichment for Region II Racks,’’ are Date of application for amendment: amendment is contained in a Safety being revised and relabeled. April 12, 1996, as supplemented by Evaluation dated October 1, 1996.No letters dated August 2, 1996, August 19, Date of issuance: October 3, 1996 significant hazards consideration 1996, and September 5, 1996. comments received: No. Effective date: October 3, 1996, to be Brief description of amendment: The Local Public Document Room implemented within 30 days as of the amendment revises the Technical location: Callaway County Public date of issuance. Specifications to address the installation Library, 710 Court Street, Fulton, Amendment Nos.: Unit 2 - 131; Unit of laser welded tube sleeves in the Missouri 65251 3 - 120 Callaway Plant steam generators. Date of issuance: October 1, 1996 Vermont Yankee Nuclear Power Facility Operating License Nos. NPF- Effective date: October 1, 1996, and Corporation, Docket No. 50-271, 10 and NPF-15: The amendments will be implemented within 30 days of Vermont Yankee Nuclear Power revised the Technical Specifications. the date of issuance. Station, Vernon, Vermont Date of initial notice in Federal Amendment No.: 116 Date of application for amendment: Register: April 10, 1996 (61 FR 15997) Facility Operating License No. NPF- April 4, 1996 The August 30, 1996, and September 20, 30: The amendment revised the Brief description of amendment: The 1996, letters provided additional Technical Specifications. amendment revises the Technical clarifying information and did not Date of initial notice in Federal Specifications regarding the change the initial no significant hazards Register: May 8, 1996 (61 FR 20857) The surveillance requirement for control rod consideration determination.The August 2, 1996, August 19, 1996, and over-travel by moving the specific Commission’s related evaluation of the September 5, 1996, supplemental letters testing methodology to licensee amendments is contained in a Safety provided clarifying information and did administratively controlled documents. Evaluation dated October 3, 1996.No not change the original no significant Specifically, the amendment removes significant hazards consideration hazards consideration determination. the requirement in Specification comments received: No. The Commission’s related evaluation of 4.3.B.1(b) to verify prior to coupling that Temporary Local Public Document the amendment is contained in a Safety the over-travel indicating light is Room location: Science Library, Evaluationdated October 1, 1996.No working properly by withdrawing an University of California, P. O. Box significant hazards consideration uncoupled control rod drive to the over- 19557, Irvine, California 92713 comments received: No. travel position. Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55047

Date of issuance: September 30, 1996 Effective date: October 2, 1996 Notice Of Issuance Of Amendments To Effective date: As of the date of Amendment No.: 129 Facility Operating Licenses And Final issuance, to be implemented within 30 Determination Of No Significant days. Facility Operating License No. DPR- Hazards Consideration And Amendment No.: 149 43: Amendment revised the Technical Opportunity For A Hearing (Exigent Facility Operating License No. DPR- Specifications. Public Announcement Or Emergency 28: Amendment revised the Technical Date of initial notice in Federal Circumstances) Specifications. Register: July 31, 1996 (61 FR 40031) During the period since publication of Date of initial notice in Federal The July 23, August 28, and September the last biweekly notice, the Register: May 8, 1996 (61 FR 20860) The 16, 1996, submittals provided clarifying Commission has issued the following Commission’s related evaluation of the information that did not change the amendments. The Commission has amendment is contained in a Safety initial proposed no significant hazards determined for each of these Evaluation dated September 30, consideration determination.The amendments that the application for the 1996.No significant hazards Commission’s related evaluation of the amendment complies with the consideration comments received: No amendment is contained in a Safety standards and requirements of the Local Public Document Room Evaluation dated October 2, 1996.No Atomic Energy Act of 1954, as amended location: Brooks Memorial Library, 224 significant hazards consideration (the Act), and the Commission’s rules Main Street, Brattleboro, VT 05301 comments received: No. and regulations. The Commission has Washington Public Power Supply Local Public Document Room made appropriate findings as required System, Docket No. 50-397, Nuclear location: University of Wisconsin, by the Act and the Commission’s rules Project No. 2, Benton County, Cofrin Library, 2420 Nicolet Drive, and regulations in 10 CFR Chapter I, Washington Green Bay, Wisconsin 54311-7001 which are set forth in the license Date of application for amendment: Wisconsin Electric Power Company, amendment. August 9, 1996 Docket Nos. 50-266 and 50-301, Point Because of exigent or emergency Brief description of amendment: The Beach Nuclear Plant, Unit Nos. 1 and circumstances associated with the date amendment changes the operations 2, Town of Two Creeks, Manitowoc the amendment was needed, there was manager qualification requirements to County, Wisconsin not time for the Commission to publish, allow either of two alternatives (having for public comment before issuance, its held a senior reactor operator’s license Date of application for amendments: usual 30-day Notice of Consideration of or having been certified for equivalent May 29, 1996, as supplemented August Issuance of Amendment, Proposed No senior reactor operator knowledge) to 20, 1996 Significant Hazards Consideration the requirement for the operations Brief description of amendments: Determination, and Opportunity for a manager to hold a senior reactor These amendments revise Technical Hearing. operator’s license. Specification (TS) Section 15.4.4, For exigent circumstances, the Date of issuance: October 1, 1996 ‘‘Containment Tests,’’ to incorporate the Commission has either issued a Federal Effective date: October 1, 1996 provisions of 10 CFR Part 50, Appendix Register notice providing opportunity Amendment No.: 148 J, ‘‘Primary Reactor Containment for public comment or has used local Facility Operating License No. NPF- Leakage Testing for Water-Cooled Power media to provide notice to the public in 21: The amendment revised the Reactors,’’ Option B. Revisions have the area surrounding a licensee’s facility Technical Specifications. also been made to TS Sections 15.1, of the licensee’s application and of the Date of initial notice in Federal ‘‘Definitions,’’ 15.3.6, ‘‘Containment Commission’s proposed determination Register: August 28, 1996 (61 FR 44350) System,’’ and 15.6, ‘‘Administrative of no significant hazards consideration. The Commission’s related evaluation of Controls,’’ to support the proposed The Commission has provided a the amendment is contained in a Safety changes to Section 15.4.4. reasonable opportunity for the public to comment, using its best efforts to make Evaluation dated October 1, 1996.No Date of issuance: October 9, 1996 significant hazards consideration available to the public means of comments received: No. Effective date: October 9, 1996, to be communication for the public to Local Public Document Room implemented within 45 days. respond quickly, and in the case of location: Richland Public Library, 955 Amendment Nos.: Unit 1 - 169 and telephone comments, the comments Northgate Street, Richland, Washington Unit 2 - 173 have been recorded or transcribed as 99352 Facility Operating License Nos. DPR- appropriate and the licensee has been 24 and DPR-27: Amendments revised informed of the public comments. Wisconsin Public Service Corporation, In circumstances where failure to act the Technical Specifications. Docket No. 50-305, Kewaunee Nuclear in a timely way would have resulted, for Power Plant, Kewaunee County, Date of initial notice in Federal example, in derating or shutdown of a Wisconsin Register: July 3, 1996 (61 FR 34901) The nuclear power plant or in prevention of Date of application for amendment: supplemental information did not affect either resumption of operation or of July 3, 1996, as supplemented on July the staff’s initial no significant hazards increase in power output up to the 23, August 28, and September 16, 1996 consideration determination.The plant’s licensed power level, the Brief description of amendment: The Commission’s related evaluation of the Commission may not have had an amendment revises Kewaunee Nuclear amendments is contained in a Safety opportunity to provide for public Power Plant Technical Specification Evaluation dated October 9, 1996.No comment on its no significant hazards 4.2.b, ‘‘Steam Generator Tubes,’’ and its significant hazards consideration consideration determination. In such associated basis, by revising the comments received: No case, the license amendment has been acceptance criteria for indications of Local Public Document Room issued without opportunity for tube degradation occurring in the location: Joseph P. Mann Library, 1516 comment. If there has been some time tubesheet crevice region. Sixteenth Street, Two Rivers, Wisconsin for public comment but less than 30 Date of issuance: October 2, 1996 54241 days, the Commission may provide an 55048 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices opportunity for public comment. If consult a current copy of 10 CFR 2.714 those facts or expert opinion. Petitioner comments have been requested, it is so which is available at the Commission’s must provide sufficient information to stated. In either event, the State has Public Document Room, the Gelman show that a genuine dispute exists with been consulted by telephone whenever Building, 2120 L Street, NW., the applicant on a material issue of law possible. Washington, DC and at the local public or fact. Contentions shall be limited to Under its regulations, the Commission document room for the particular matters within the scope of the may issue and make an amendment facility involved. If a request for a amendment under consideration. The immediately effective, notwithstanding hearing or petition for leave to intervene contention must be one which, if the pendency before it of a request for is filed by the above date, the proven, would entitle the petitioner to a hearing from any person, in advance Commission or an Atomic Safety and relief. A petitioner who fails to file such of the holding and completion of any Licensing Board, designated by the a supplement which satisfies these required hearing, where it has Commission or by the Chairman of the requirements with respect to at least one determined that no significant hazards Atomic Safety and Licensing Board contention will not be permitted to consideration is involved. Panel, will rule on the request and/or participate as a party. The Commission has applied the petition; and the Secretary or the Those permitted to intervene become standards of 10 CFR 50.92 and has made designated Atomic Safety and Licensing parties to the proceeding, subject to any a final determination that the Board will issue a notice of a hearing or limitations in the order granting leave to amendment involves no significant an appropriate order. intervene, and have the opportunity to hazards consideration. The basis for this As required by 10 CFR 2.714, a participate fully in the conduct of the determination is contained in the petition for leave to intervene shall set hearing, including the opportunity to documents related to this action. forth with particularity the interest of present evidence and cross-examine Accordingly, the amendments have the petitioner in the proceeding, and witnesses. Since the Commission has been issued and made effective as how that interest may be affected by the made a final determination that the indicated. results of the proceeding. The petition amendment involves no significant Unless otherwise indicated, the should specifically explain the reasons hazards consideration, if a hearing is Commission has determined that these why intervention should be permitted requested, it will not stay the amendments satisfy the criteria for with particular reference to the effectiveness of the amendment. Any categorical exclusion in accordance following factors: (1) the nature of the hearing held would take place while the with 10 CFR 51.22. Therefore, pursuant petitioner’s right under the Act to be amendment is in effect. to 10 CFR 51.22(b), no environmental made a party to the proceeding; (2) the A request for a hearing or a petition impact statement or environmental nature and extent of the petitioner’s for leave to intervene must be filed with assessment need be prepared for these property, financial, or other interest in the Secretary of the Commission, U.S. amendments. If the Commission has the proceeding; and (3) the possible Nuclear Regulatory Commission, prepared an environmental assessment effect of any order which may be Washington, DC 20555-001, Attention: under the special circumstances entered in the proceeding on the Docketing and Services Branch, or may provision in 10 CFR 51.12(b) and has petitioner’s interest. The petition should be delivered to the Commission’s Public made a determination based on that also identify the specific aspect(s) of the Document Room, the Gelman Building, assessment, it is so indicated. subject matter of the proceeding as to 2120 L Street, NW., Washington, DC, by For further details with respect to the which petitioner wishes to intervene. the above date. Where petitions are filed action see (1) the application for Any person who has filed a petition for during the last 10 days of the notice amendment, (2) the amendment to leave to intervene or who has been period, it is requested that the petitioner Facility Operating License, and (3) the admitted as a party may amend the promptly so inform the Commission by Commission’s related letter, Safety petition without requesting leave of the a toll-free telephone call to Western Evaluation and/or Environmental Board up to 15 days prior to the first Union at 1-(800) 248-5100 (in Missouri Assessment, as indicated. All of these prehearing conference scheduled in the 1-(800) 342-6700). The Western Union items are available for public inspection proceeding, but such an amended operator should be given Datagram at the Commission’s Public Document petition must satisfy the specificity Identification Number N1023 and the Room, the Gelman Building, 2120 L requirements described above. following message addressed to (Project Street, NW., Washington, DC, and at the Not later than 15 days prior to the first Director): petitioner’s name and local public document room for the prehearing conference scheduled in the telephone number, date petition was particular facility involved. proceeding, a petitioner shall file a mailed, plant name, and publication The Commission is also offering an supplement to the petition to intervene date and page number of this Federal opportunity for a hearing with respect to which must include a list of the Register notice. A copy of the petition the issuance of the amendment. By contentions which are sought to be should also be sent to the Office of the November 22, 1996, the licensee may litigated in the matter. Each contention General Counsel, U.S. Nuclear file a request for a hearing with respect must consist of a specific statement of Regulatory Commission, Washington, to issuance of the amendment to the the issue of law or fact to be raised or DC 20555-001, and to the attorney for subject facility operating license and controverted. In addition, the petitioner the licensee. any person whose interest may be shall provide a brief explanation of the Nontimely filings of petitions for affected by this proceeding and who bases of the contention and a concise leave to intervene, amended petitions, wishes to participate as a party in the statement of the alleged facts or expert supplemental petitions and/or requests proceeding must file a written request opinion which support the contention for a hearing will not be entertained for a hearing and a petition for leave to and on which the petitioner intends to absent a determination by the intervene. Requests for a hearing and a rely in proving the contention at the Commission, the presiding officer or the petition for leave to intervene shall be hearing. The petitioner must also Atomic Safety and Licensing Board that filed in accordance with the provide references to those specific the petition and/or request should be Commission’s ‘‘Rules of Practice for sources and documents of which the granted based upon a balancing of the Domestic Licensing Proceedings’’ in 10 petitioner is aware and on which the factors specified in 10 CFR CFR Part 2. Interested persons should petitioner intends to rely to establish 2.714(a)(1)(i)-(v) and 2.714(d). Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55049

Duke Power Company, et al., Docket letters dated August 23, 1996 and Commission (NRC), has issued the Nos. 50-413 and 50-414, Catawba September 27, 1996. Director’s Decision concerning the Nuclear Station, Units 1 and 2, York Brief description of amendment: The petition dated January 23, 1996, filed by County, South Carolina amendment revises Peach Bottom David R. Straus, Esq., et al., on behalf Date of application for amendments: Technical Specification 2.1.1.2 safety of the City of Cleveland, Ohio, which September 21, 1996 limit minimum critical power ratios to owns and operates Cleveland Public Brief description of amendments: The be consistent with the use of GE-13 fuel Power (CPP or the City) for allegedly amendments approve changes to the in the Unit 2 core for operating cycle 12. violating the antitrust license conditions Updated Final Analysis Report Date of issuance: September 27, 1996 applicable to the Perry Nuclear Power (UFSAR), and require that the changes Effective date: As of date of issuance Plant, Unit 1, and the Davis-Besse be submitted with the next update of the Amendment No.: 217 Nuclear Power Station, Unit 1. UFSAR pursuant to 10 CFR 50.71(e). Facility Operating License No. DPR- Supplements to the Petition were filed The associated Safety Evaluation 44: Amendment revised the Technical on May 31 and August 13, 1996. delineates the staff’s review and Specifications.Public comments findings, including finding that the as- requested as to proposed no significant After consideration and careful built condition of the subject power hazards consideration: Yes (61 FR review of the facts available to the staff system protective devices is acceptable 45997). That notice provided an and the decisions reached in parallel as-is. opportunity to submit comments on the proceedings involving the same parties Date of issuance: September 28, 1996 Commission’s proposed no significant and similar issues before the Federal Effective date: September 28, 1996 hazards consideration determination. Energy Regulatory Commission (FERC), Amendment Nos.: 153 and 145 No comments have been received. The the Director has determined that the Facility Operating License Nos. NPF- notice also provided an opportunity to issues raised by the petitioner that could 35 and NPF-52: The amendments request a hearing by September 30, be remedied by the NRC have been revised the Updated Final Safety 1996, but indicated that if the addressed and resolved in the FERC Analysis Report. Public comments Commission makes a final no significant proceedings so as to require no further requested as to proposed no significant hazards consideration determination action by the NRC. As a result, no hazards consideration: Yes. The NRC any such hearing would take place after proceeding in response to the Petition staff published a public notice of the issuance of the amendment.The will be instituted. The reasons for this proposed amendments, issued a Commission’s related evaluation of the decision are explained in the ‘‘Director’s proposed finding of no significant amendment, finding of exigent Decision under 10 CFR § 2.206,’’ (DD– hazards consideration, and requested circumstances, and final no significant 96–15). that any comments on the proposed no hazards consideration determination are significant hazards consideration be contained in a Safety Evaluation dated A copy of the Director’s Decision has provided to the staff no later than 5:00 September 27, 1996. been filed with the Secretary of the p.m., September 28, 1996. The notice Attorney for licensee: J. W. Durham, Commission for Commission review in was published in ‘‘The Herald’’ of Rock Sr., Esquire, Sr. Vice President and accordance with 10 CFR § 2.206(c). The Hill, South Carolina, from September 25 General Counsel, PECO Energy Decision will become the final action of through 27, 1996. No comments have Company, 2301 Market Street, the Commission 25 days after issuance, been received. Philadelphia, Pennsylvania 19101 unless the Commission on its own The Commission’s related evaluation Local Public Document Room motion institutes review of the Decision of the amendments, finding of exigent location: Government Publications within that time as provided in 10 CFR circumstances, consultation with the Section, State Library of Pennsylvania, § 2.206(c). State of South Carolina, and final (REGIONAL DEPOSITORY) Education Copies of the Petition, dated January determination of no significant hazards Building, Walnut Street and consideration are contained in a Safety 23, 1996, as supplemented May 31 and Commonwealth Avenue, Box 1601, August 13, 1996, and the Notice of Evaluation dated September 28, 1996. Harrisburg, PA 17105. Local Public Document Room Receipt of Petition for Director’s Dated at Rockville, Maryland, this location: York County Library, 138 East Decision under 10 CFR § 2.206 that was 16th day of October 1996. Black Street, Rock Hill, South Carolina published in the Federal Register on For the Nuclear Regulatory Commission 29730 March 8, 1996 (61 FR 9506), and other Attorney for licensee: Mr. Albert Carr, John A. Zwolinski, documents related to this Petition are Duke Power Company, 422 South Acting Director, Division of Reactor Projects available in the NRC Public Document - I/II, Office of Nuclear Reactor Regulation Church Street, Charlotte, North Carolina Room, the Gelman Building, 2120 L [FR Doc. 96-27025 Filed 10-22-96; 8:45 am] 28242 Street, NW., Washington, DC, and at the NRC Project Director: Herbert N. BILLING CODE 7590-O1-F local public document rooms for Perry Berkow Nuclear Power Plant (Perry Public PECO Energy Company, Public Service [Docket Nos. 50±440 and 50±346] Library, 3753 Main Street, Perry, Ohio) Electric and Gas Company, Delmarva and Davis-Besse Nuclear Power Station Power and Light Company, and Perry Nuclear Power Plant, Unit 1 (Government Documents Collection, Atlantic City Electric Company, Docket Davis-Besse Nuclear Power Station, William Carlson Library (Depository), No. 50-277, Peach Bottom Atomic Unit 1 Issuance of Director's Decision University of Toledo, 2801 West Power Station, Unit No. 2, York County, Under 10 CFR § 2.206 Bancroft Avenue, Toledo, Ohio). Pennsylvania Notice is hereby given that the For the Nuclear Regulatory Commission. Date of application for amendment: Director, Office of Nuclear Reactor March 25, 1996 as supplemented by Regulation, U.S. Nuclear Regulatory 55050 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

Dated at Rockville, Maryland this 17th day and 11,1 which concern the sale of (a) of electric energy from delivery points of October 1996. emergency power, by contracting in the of applicants to the entity(ies); and, Frank J. Miraglia, 1987 ‘‘Centerior Dispatch Operating (b) of power generated by or available to the other entity, as a result of its ownership Acting Director, Office of Nuclear Reactor Agreement’’ to provide Toledo Edison Company emergency power on a or entitlements [includes but is not limited Regulation. to power made available to an entity preferential basis. The third allegation is Director’s Decision Under 10 CFR pursuant to an exchange agreement] in that CEI has violated License Condition generating facilities, to delivery points of § 2.206 Number 2, concerning the offering of Applicants designated by the other entity. I. Introduction interconnections upon reasonable terms Such wheeling services shall be available and conditions, by failing to offer CPP with respect to any unused capacity on the The City of Cleveland, Ohio, which a fourth interconnection point. The transmission lines of Applicants, the use of owns and operates Cleveland Public fourth allegation is that CEI has violated which will not jeopardize Applicants’ Power (CPP or the City), in a petition, License Condition Number 2 by system. In the event Applicants must reduce imposing unreasonable deviation wheeling services to other entities due to lack dated January 23, 1996, requested the of capacity, such reduction shall not be Executive Director for Operations of the charges for unscheduled power effected until reductions of at least 5% have U.S. Nuclear Regulatory Commission delivered over existing interconnections been made in transmission capacity (NRC or the Commission) to take in excess of the amount scheduled for allocations to other Applicants in these enforcement action against the delivery. proceedings and thereafter shall be made in Cleveland Electric Illuminating CEI responded to the City of proportion to reductions imposed upon other Company (CEI) for allegedly violating Cleveland’s petition in a letter dated Applicants to this proceeding. the Antitrust License Conditions May 6, 1996, stating that the allegations Applicants shall make reasonable provisions for disclosed transmission applicable to its nuclear units. The should be dismissed not only because they lack merit but also because they requirements of other entities in the CCCT in petition was referred to the Director, planning future transmission either Office of Nuclear Reactor Regulation, for relate to matters currently under FERC individually or within the CAPCO grouping. review. consideration. By ‘‘disclosed’’ is meant the giving of CPP requested that NRC, on an II. Background reasonable advance notification of future requirements by entities utilizing wheeling expedited basis, (1) declare that CEI is On the basis of the record developed services to be made available by Applicants. obligated to provide the wheeling and during the antitrust hearings of Davis- interconnection services specified in the Besse and Perry an NRC Atomic Safety Ten other Antitrust License Petition; (2) issue a Notice of Violation and Licensing Board found, in a Conditions were added to the Davis- related to that obligation; (3) impose a decision dated January 6, 1977, that CEI Besse and Perry licenses covering the requirement by order directing CEI to and the other applicants engaged in sale of wholesale power; the offering of reply in writing and admit or deny activity that was inconsistent with the interconnections; the sale of economy violation of that obligation and setting antitrust laws, LBP–77–1, 5 NRC 133 energy, maintenance power, and forth the steps it is taking to comply (1977); affirmed with modifications, emergency power; access to ownership with the Antitrust License Conditions; ALAB–560, 10 NRC 265 (1979). The shares in the nuclear units; the sharing (4) impose a requirement by order Board also found that because the of reserves; and the provision of directing CEI to comply with the municipal system of Cleveland was coordination services. NRC ordered that portions of the Antitrust License isolated electrically from utilities other these conditions be implemented in a Conditions at issue and directing CEI to than CEI, and was able to obtain only manner consistent with the provisions withdraw from the Federal Energy emergency power from CEI, it was of the Federal Power Act. ALAB–560, 10 Regulatory Commission (FERC) portions essential, in order for CPP to remain a NRC at 295–299 of its filings in Docket No. ER93–471– viable competitor, that Cleveland have Since the late 1970s, CPP, the City of 000, as specified in the Petition, which power wheeled to it over CEI’s Cleveland’s municipal power system, are contrary to CEI’s obligations under transmission system. The Board noted has sought greater access to the CEI the Antitrust License Conditions, that CPP was unable to obtain wheeling transmission grid. CPP has its own including withdrawal of the deviation service because CEI would not agree to distribution system and generates a charge from rate schedules and third-party wheeling on any terms. The portion of its own power supply withdrawal of that portion of the Board concluded that failure to exercise requirements. To seek out the most cost- ‘‘Operating Agreement’’ that provides its authority under the Atomic Energy efficient source of power supply, CPP Toledo Edison highest priority Act to issue license conditions would needs meaningful access to transmission treatment; and (5) impose civil result in a continuation of this facilities serving the local area, which monetary penalties for CEI’s violations anticompetitive conduct. CEI, as an are owned by CEI. of the license conditions. applicant, was ordered to implement the III. Discussion following license condition (No. 3): Four specific violations of the CPP alleges four specific violations of Antitrust License Conditions are alleged Applicants shall engage in wheeling for the Antitrust License Conditions. The in the City’s § 2.206 petition. The first and at the request of other entities [any first allegation is that CEI violated allegation is that CEI has violated electric generation and/or distribution system License Condition No. 3 by refusing to License Condition Number 3, or municipality or cooperative with a statutory right or privilege to engage in either provide firm wheeling service to CPP. concerning wheeling service, by of these functions] in the CCCT [Combined This allegation is the result of one refusing to provide 40 MW of firm CAPCO Territories]: disputed transaction, CEI’s refusal to wheeling service from Ohio Power wheel 40 MW from Ohio Power Company to CPP to provide electrical 1 License Condition Number 11, which concerns Company to CPP to service Medco, service to Medical Center Company wholesale power and coordination services is currently a CEI retail customer. CPP (Medco), a former CEI retail customer. mentioned in the introductory portion of the petition, but no argument is provided to support the claims that Medco has decided to The second allegation is that CEI has claim nor is this condition otherwise mentioned in become a native load customer of CPP violated License Condition Numbers 6 any substantive discussion in the petition. and that there is no credible basis upon Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55051 which to contend that the transaction at (August 8 letter) to comply now with its Companies’’) ‘‘will assign highest issue constitutes retail wheeling. CPP wheeling obligations does not excuse priority to provide each other claims that there was no request for CEI the Company’s unwarranted refusal to emergency power. An Operating to provide retail wheeling services, and wheel absent a directive from a federal Company will terminate an existing the requested 40–MW wholesale agency.’’ Counsel for CEI responded in emergency supply to an outside utility purchase from Ohio Power is to serve an August 21, 1996, letter that ‘‘CEI in order to honor a request for CPP’s native load. CPP alleges that CEI sought declatory ruling on the emergency power from an Operating is attempting to delay the loss of a appropriateness of this request promptly Company.’’ There is also similar priority significant retail customer. enough to obtain a determination language concerning sales of short-term CEI responds to the allegation by without impacting the September 1 power. CPP has also brought this issue stating that the written contract between service date.’’ CEI agreed to a before FERC. CPP and Medco reflects a direct pass- subsequent CPP request after the FERC CEI’s response to the second issue through of CPP payments to Ohio order and transmission service began on states that the operation of Toledo Power. CEI further claims that CPP is August 17, 1996. CEI’s counsel further Edison and CEI as an integrated system acting as a strawman to facilitate retail stated that ‘‘as a result, CEI’s actions under Centerior necessarily requires wheeling of power from Ohio Power to have not resulted in any loss of them to provide power to each other as Medco. CEI contends that the transmission services to the City of an internal system. CEI further states transactions are shams designed to Cleveland. In essence, the City of that this is not an act of anticompetitive circumvent prohibitions in the Federal Cleveland is asking for the imposition of discrimination but the workings of an Power Act, Sections 212(g) and 212(h), penalties solely because CEI exercised integrated system required by the against retail wheeling. Section 212(g) appropriate legal procedures to Securities and Exchange Commission. prohibits issuing orders under the determine the propriety of the service CEI claims that CPP is treated no Federal Power Act that are inconsistent request. Such appropriate process differently from any other outside entity with any State law that governs the cannot and should not be the basis for and has suffered absolutely no injury retail marketing areas of electric any sanctions.’’ from the provisions and asserts that CPP utilities. Section 212(h) prohibits In a letter to the NRC dated September has never been denied short-term or mandatory retail wheeling and sham 23, 1996, counsel for CEI forwarded an emergency power. CEI states that it has wholesale transactions. opinion of the Ohio Supreme Court sold and will continue to sell emergency Two FERC proceedings are in holding that the Public Utility power to CPP on an as-needed basis and progress concerning CEI’s refusal to Commission of Ohio (PUCO) has has never refused to provide emergency transmit the Ohio Power purchase: a CEI jurisdiction to consider CEI’s complaint service when it had it available on its petition filed November 2, 1995, that the Medco transaction violated the system. CEI further stated that it was not requesting a ruling that CEI is not Ohio Certified Territory Act and required to provide the requested aware of any instance in which short- directing PUCO to do so. The September term or emergency power was provided service under the Federal Power Act, 23, 1996, letter also forwarded CEI’s # to CPP under terms less favorable than Sections 211 or 212 (Docket EL96–9– request for rehearing of the FERC 000), and a CPP complaint filed those to other utilities outside the decision in the Medco transaction, Centerior system. CEI concluded that it November 29, 1995, concerning CEI’s stating that while CEI continues to refusal to transmit the Ohio Power has honored both the letter and the exercise its legal rights to determine the 3 purchase (Docket #EL96–21–000). spirit of License Condition No. 6. legality of the transaction, CEI would As to the second issue, CPP has not On July 31, 1996, FERC issued an continue to honor the service agreement order in connection with the wheeling shown that it had been harmed or could that it executed after the FERC decision. be harmed by the language in the transaction raised in the City of The FERC order directing CEI to Centerior Dispatch Operating Cleveland’s 2.206 petition. FERC provide the requested transmission Agreement. Under the agreement, decided in favor of the City and found service effectively resolves the first Toledo Edison and CEI are affiliated in that CEI is obligated under the existing issue in the 2.206 petition. Sanctions are that they are part of an integrated transmission service agreement to not warranted when a licensee pursues Centerior system. CPP has not shown provide the requested transmission legal procedures to resolve a disputed that it has been treated differently than service and that the service did not request for transmission service. For this other outside (non-affiliated) utilities, or violate the Federal Power Act. Since the reason, I am denying CPP’s § 2.206 that it has been denied access to transmission will be over CEI’s lines to request for an enforcement action emergency or short-term power. In any Cleveland and the sale to Medco will be against CEI on this first issue. over Cleveland’s 138kV-line, FERC The second issue raised by CPP event, CPP has brought its concerns found that this case did not involve the alleges that CEI violated License about the operating agreement before transmission of electric energy by CEI Condition No. 6 by contracting with the FERC. For these reasons, no action directly to an ultimate consumer, that is, Toledo Edison Company to provide by the NRC is warranted, and I am there was no ‘‘sham’’ transaction. emergency power on a preferential denying CPP’s § 2.206 request for In a letter to the NRC dated August 8, enforcement action against CEI on this basis.2 CPP objects to language in the 1996, counsel for CEI stated that, based second issue. 1987 Centerior Dispatch Operating on the FERC decision, a signed service Agreement that states that CEI and The third issue raised by CPP alleges agreement reserving 40 MW of firm Toledo Edison (collectively ‘‘Operating that CEI has violated License Condition transmission service for the requested No. 2 by failing to offer CPP a fourth period September 1 through December 2 Specifically, License Condition No. 6 requires interconnection point. License 31, 1996, has been forwarded to the City CEI to sell emergency power to requesting entities Condition No. 2 requires that CEI (and of Cleveland. In a letter to the NRC upon terms and conditions no less favorable than the other applicants) shall offer dated August 13, 1996, CPP’s counsel those Applicants make available: (a) to each other interconnections on reasonable terms pursuant to the Central Area Power Coordination urged the imposition of sanctions, even Group (CAPCO) agreements or pursuant to bilateral and conditions at the request of any in light of the FERC decision, stating contract; or (b) to non-Applicant entities outside the that ‘‘CEI’s expressed willingness Combined CAPCO Company Territories. 3 See note 2, above. 55052 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices other local electric entities.4 CPP states Power Act and (2) CEI has indicated that A FERC administrative law judge that a fourth interconnection point is a number of technical issues and safety (ALJ) issued an initial decision on the needed to provide reliable service to the and reliability concerns need to be issue of the deviation charges on west side of Cleveland. CPP states that resolved before the interconnection can November 28, 1994. CPP’s arguments the current transfer capability limit is be installed. opposing CEI’s compensation proposal expected to be exceeded within 2 years. The issue of whether CEI is required (of half of its then-current fuel charge CEI previously committed to permit a to provide a fourth interconnection was for deviations below that scheduled) fourth interconnection in a letter dated resolved with the FERC order of June 9, were rejected by the ALJ. The ALJ’s September 19, 1985, from CEI’s 1995, directing CEI to proceed with the decision also upheld the imposition of chairman to the Mayor of Cleveland, interconnection (71 FERC ¶ 61,324). The a deviation charge for power supplied in which acknowledged the requests for unresolved technical, safety, and excess of that scheduled by CPP, but the third and fourth interconnections; reliability issues raised in CEI’s appeal reduced the amount from $75 per kW- and in exchange for Cleveland’s of the FERC order will be resolved in month to $25 per kW-month. The agreement not to oppose the CEI merger the FERC rehearing process. For these decision also rejected CPP’s proposed 6- with Toledo Edison, CEI committed to reasons, I am denying CPP’s § 2.206 percent deadband, finding ‘‘no reason concur in CPP’s request for FERC request for enforcement action against appears why any deadband should be approval of the two interconnections. CEI on this third issue. adopted for the purposes of this CPP alleges that CEI has refused CPP’s The fourth and final allegation raised decision.’’ request for installation of a fourth by CPP is that CEI has violated License The issues raised by CPP in this interconnection. Condition No. 2 5 by imposing fourth allegation are primarily tariff- A CPP complaint was filed with FERC unreasonable deviation charges for related issues and fall clearly under the in April 1993. On June 9, 1995, FERC unscheduled power delivered in excess jurisdiction of FERC.6 The final FERC issued an order directing CEI to provide of the amount CPP had scheduled for decision in this matter will resolve the a fourth interconnection and to file with delivery. CPP states that in March 1993, issues, and any excess amounts paid by FERC the proposed charges for the CEI unilaterally filed with FERC CPP will be refunded with interest in interconnection. The decision by FERC proposed amendments to the 1975 accordance with FERC regulations. For found that the letter of September 19, Interconnection Agreement. One these reasons, I am denying CPP’s 1985, a 1985 contract between CEI, amendment added a requirement that § 2.206 request for an enforcement Toledo Edison, and American CPP pay a deviation charge of $75 per action against CEI on this fourth issue. Municipal Power-Ohio, and the license kW-month for the maximum number of IV. Conclusion conditions all supported the issuance of kW of power delivered by CEI in any the order requiring the fourth hour in excess of the amount scheduled I have concluded that FERC’s order interconnection. by CPP for that hour. Another requiring CEI to provide the requested CEI responded to the third issue by amendment covers overscheduling of wheeling transmission service in the stating that it has complied with License Medco transaction effectively resolves Condition No. 2 by installing and power supplies by CPP and allows CEI to retain the excess energy for its own the first issue raised in CPP’s § 2.206 maintaining three prior petition and request for action by NRC. interconnections, sufficient to meet all use while paying CPP a rate equal to half of CEI’s fuel cost for that excess In regard to the second issue concerning of CPP’s current needs, and by working CEI’s contracting with Toledo Edison toward the installation of a fourth power. CPP alleges that the deviation charges are discriminatory and Company to provide emergency power interconnection. CEI claims it has not on a preferential basis, CPP has not refused the fourth interconnection but represent an anticompetitive restriction on CPP’s right to obtain shown that it had been harmed or could instead has expended significant effort be harmed as a result of the language in to establish reasonable terms for the interconnections on reasonable terms. CPP claims that these provisions apply the Centerior Dispatch Operating interconnection and to ensure that it is Agreement. Nor has CPP shown that it compatible in terms of safety and to all deviations above and below zero, no matter how insignificant. CPP alleges has been treated differently than any reliability with CEI’s system. CEI has other outside (nonaffiliated) utilities. filed suit in the Ohio Court of Common that the failure to utilize a deadband approach with no charges for small This matter is also the subject of a FERC Pleas to require CPP to comply with proceeding. I am therefore denying engineering and utility industry deviations from scheduled power to recognize the impossibility of zero CPP’s § 2.206 request for enforcement standards in its construction projects. action against CEI on this second issue. CEI further claims that CPP admitted in deviations, is contrary to standard industry practice. CPP states that the I have concluded with respect to the a separate lawsuit that its system does third issue concerning CEI’s alleged not meet applicable codes and deviation charges are anticompetitive in that CPP is the only utility against refusal to offer a fourth interconnection standards. On July 7, 1995, CEI sought that the FERC order of June 9, 1995, a rehearing on the FERC order to which the deviation charges would be imposed and also the only utility in effectively resolves this issue by proceed with the fourth ordering CEI to provide the fourth interconnection. CEI states that the direct competition with CEI. CEI’s response to the fourth issue rehearing was sought on the FERC order 6 As indicated in Florida Power & Light Co. (St. for two reasons: (1) CEI believes that the states that this allegation distorts the Lucie Nuclear Power Plant, Unit 2), DD–81–15, 14 order should not have been issued meaning of License Condition No. 2, NRC 589 (1981), issues of terms used in license without findings that the which relates to the installation of conditions raised before FERC ‘‘will not institute a interconnections upon reasonable terms requested proceeding where the petitioner’s basis interconnection was warranted under for relief rests on resolution of an issue that is Sections 202(b) and 210 of the Federal and conditions, not incentives that CEI pending before another agency and that is proposes to FERC to encourage CPP to peculiarly within the competence of that agency to 4 Specifically, License Condition No. 2 requires minimize unscheduled power deliveries decide.’’ The staff continues to employ the concept CEI to offer interconnections upon reasonable terms from CEI. of ‘‘watchful deference’’ when an issue is before and conditions at the request of any other electric FERC. See Florida Power & Light Co. (St. Lucie entities in its service area, with due regard for any Nuclear Power Plant, Unit 2), DD–95–10, 41 NRC necessary and applicable safety procedures. 5 See note 4, above. 361 (1995). Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55053 interconnection, and that the Section, Rules Review and Directives and procedures in the DMM that did not unresolved issues raised in CEI’s appeal Branch, Division of Freedom of govern the eligibility for, and use of, of the FERC order will be resolved in Information and Publications Services, domestic mail services. The Postal the rehearing process. I have concluded Office of Administration, telephone Service made a determination not to that the fourth issue raised concerning (301) 415–7163. include that material in DMM Issue 46 deviation charges for unscheduled SUPPLEMENTARY INFORMATION: On page and in subsequent issues of the DMM. power deliveries is primarily a tariff- 51730, in the center column, in the fifth The identified material chiefly fell related issue and falls clearly under the and sixth lines, the Internet e-mail into two categories: (1) jurisdiction of FERC. The initial address is corrected to read, ‘‘http.// recommendations for voluntary decision by the ALJ in this case www.nrc.gov’’. customer action; (2) internal addressed each of the concerns raised in For the Nuclear Regulatory Commission. instructions to postal employees. Other this fourth issue. The final FERC identified material not relating to mail decision in this matter will resolve these Dated at Rockville, Maryland, this 17th day of October 1996. classification included post office issues, and any excess amounts paid by discontinuances, delivery policies, and Michael T. Lesar, CPP will be refunded with interest in philatelic procedures. accordance with FERC regulations. I Chief, Rules Review Section, Rules Review Pending the transfer of these rules and and Directives Branch, Division of Freedom have concluded that no enforcement procedures to other documents, the action is warranted for this fourth issue. of Information and Publications Services, Office of Administration. Postal Service on July 1, 1993, As a result of the foregoing, I have [FR Doc. 96–27161 Filed 10–22–96; 8:45 am] published the identified material in a determined that no NRC proceeding separate part of the DMM titled the BILLING CODE 7590±01±P should be instituted and no further Domestic Mail Manual Transition Book regulatory action by the NRC is (DMMT). In creating the DMMT, the required. Postal Service provided that the rules POSTAL SERVICE For the Nuclear Regulatory Commission. included in that document remain in Dated at Rockville, Maryland, this 17th day Revision of the Domestic Mail Manual full force through June 30, 1994. of October 1996. Transition Book The purpose of that 1-year period was Frank J. Miraglia, to allow the Postal Service to decide Acting Director, Office of Nuclear Reactor AGENCY: Postal Service. whether to rescind the rules in the Regulation. ACTION: Notice. DMMT or to incorporate them into other [FR Doc. 96–27159 Filed 10–22–96; 8:45 am] documents. As the following table SUMMARY: Effective August 1, 1996, the BILLING CODE 7590±01±P shows, several changes have been made Domestic Mail Manual Transition Book to the DMMT since its publication; (DMMT) is revised as shown in Table I. however, the evaluation process is not Consolidated Guidance About This revision reflects the transfer of yet complete. Materials Licenses: Program-Specific many sections in the DMMT to Postal The Postal Service rescinded the June Guidance About Portable Gauge Operations Manual (POM) Issue 7, 30, 1994, expiration date of the DMMT Licenses: Availability of NUREG; which was published with an effective in a notice published in the June 20, Correction date of August 1, 1996. All sections in 1994, Federal Register (59 FR 31655– DMMT chapter 3, chapter 5, chapter 6 31656) and in Postal Bulletin 21870 (6– AGENCY: Nuclear Regulatory (except 665), and chapter 7 (except 785) 23–94). Additional time will be required Commission. have been rescinded by new to complete the transfer of the ACTION: Notice of Availability; requirements published on July 1, 1996, remaining material. Correction. in Domestic Mail Manual (DMM) Issue Table I shows the DMMT sections 50. These requirements were further SUMMARY: This document corrects a removed or transferred, the effective amended by the Federal Register on notice appearing in the Federal Register date, and if applicable, the sections of August 15, 1996 (61 FR 42478–42489), on October 3, 1996 (61 FR 51729), that POM Issue 7 or title 39 of the Code of for nonprofit mail standards that announces the availability of draft Federal Regulations (CFR) into which changed on October 6, 1996. NUREG–1556, ‘‘Consolidated Guidance such material was transferred. About Materials Licenses: Program- EFFECTIVE DATE: August 1, 1996. Table II shows the DMMT sections Specific Guidance About Portable Gauge FOR FURTHER INFORMATION CONTACT: that are still in force until further notice. Licenses.’’ This action is necessary to Patricia Bennett, (202) 268–6350. Most of these remaining sections correct an erroneous Internet e-mail SUPPLEMENTARY INFORMATION: In revising contain internal procedures for address. the Domestic Mail Manual (DMM) for processing mailer applications. FOR FURTHER INFORMATION CONTACT: release as DMM Issue 46 on July 1, Stanley F. Mires, Michael T. Lesar, Chief, Rules Review 1993, the Postal Service identified rules Chief Counsel, Legislative.

TABLE I.ÐDISPOSITION OF MATERIAL FROM DMMT

Effective Final DMMT Action date disposition

113.1 ...... Transfer ...... 08±01±96 POM 123.1 113.2 ...... Transfer ...... 08±01±96 POM 123.6 113.3 ...... Transfer ...... 08±01±96 POM 123.7 113.4 ...... Transfer ...... 08±01±96 POM 123.8 113.5 ...... Transfer ...... 08±01±96 POM 123.41 113.6 ...... Transfer ...... 08±01±96 POM 123.13 113.7 ...... Transfer ...... 08±01±96 POM 126.4 113.8 ...... Transfer ...... 08±01±96 POM 125.36 55054 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

TABLE I.ÐDISPOSITION OF MATERIAL FROM DMMTÐContinued

Effective Final DMMT Action date disposition

113.9 ...... Transfer ...... 08±01±96 POM 125.5 121.1 ...... Transfer ...... 08±01±96 POM 137.22 122.3 ...... Deletion ...... 08±01±96 122.6 ...... Transfer ...... 07±01±96 DMM A010 122.9 ...... Transfer ...... 07±01±96 DMM A010 123.3 ...... Transfer ...... 08±01±96 POM 138.1 123.5 ...... Transfer ...... 08±01±96 POM 138.2 124.1 ...... Transfer ...... 08±01±96 POM 139.1 124.5 ...... Transfer ...... 08±01±96 POM 139.2 137.1 ...... Transfer ...... 08±01±96 POM 491.5 137.2 ...... Transfer ...... 08±01±96 POM 491.5 141.2 ...... Transfer ...... 08±01±96 POM 132.2 142.2 ...... Transfer ...... 08±01±96 POM 132.1 142.4 ...... Transfer ...... 08±01±96 POM 132.4 142.5 ...... Transfer ...... 07±01±96 DMM G013 143.3 ...... Transfer ...... 07±01±96 DMM P023 144.9 ...... Transfer ...... 06±30±95 CFR 501 146.2 ...... Transfer ...... 07±01±96 DMM P011 147.3 ...... Transfer ...... 08±01±96 POM 146.1 149.2 ...... Transfer ...... 08±01±96 POM 147.1 149.6 ...... Transfer ...... 08±01±96 POM 147.4 149.7 ...... Transfer ...... 08±01±96 POM 147.5 151.5 ...... Transfer ...... 08±01±96 POM 632.5 152.1 ...... Transfer ...... 08±01±96 POM 326.1 152.2 ...... Transfer ...... 08±01±96 POM 326.2 152.3 ...... Transfer ...... 08±01±96 POM 326.3 152.4 ...... Transfer ...... 08±01±96 POM 326.4 152.5 ...... Transfer ...... 08±01±96 POM 326.5 152.6 ...... Transfer ...... 08±01±96 POM 326.6 153.1 ...... Transfer ...... 08±01±96 POM 611 153.2 ...... Transfer ...... 08±01±96 POM 612 153.3 ...... Transfer ...... 08±01±96 POM 613 153.4 ...... Transfer ...... 08±01±96 POM 614 153.6 ...... Transfer ...... 08±01±96 POM 615 153.7 ...... Transfer ...... 08±01±96 POM 616 153.8 ...... Transfer ...... 08±01±96 POM 617.2 153.9 ...... Transfer ...... 08±01±96 POM 618 154.1 ...... Transfer ...... 08±01±96 POM 327.1 154.2 ...... Transfer ...... 08±01±96 POM 327.2 154.3 ...... Transfer ...... 08±01±96 POM 327.3 154.4 ...... Transfer ...... 08±01±96 POM 327.4 154.5 ...... Transfer ...... 08±01±96 POM 327.5 154.6 ...... Transfer ...... 08±01±96 POM 327.6 154.7 ...... Transfer ...... 08±01±96 POM 327.7 154.8 ...... Transfer ...... 08±01±96 POM 327.8 155.1 ...... Transfer ...... 08±01±96 POM 641.2 155.2 ...... Transfer ...... 08±01±96 POM 631.3 155.3 ...... Transfer ...... 08±01±96 POM 643.1 155.4 ...... Transfer ...... 08±01±96 POM 632 155.5 ...... Transfer ...... 08±01±96 POM 642.3 155.6 ...... Transfer ...... 08±01±96 POM 631.45 156.1 ...... Transfer ...... 08±01±96 POM 652 156.2 ...... Transfer ...... 08±01±96 POM 652 156.3 ...... Transfer ...... 08±01±96 POM 653 156.5 ...... Transfer ...... 08±01±96 POM 632.5 157.1 ...... Transfer ...... 08±01±96 POM 661 157.2 ...... Transfer ...... 08±01±96 POM 662 157.3 ...... Transfer ...... 08±01±96 POM 663 157.4 ...... Transfer ...... 08±01±96 POM 664 157.5 ...... Transfer ...... 08±01±96 POM 665 157.6 ...... Transfer ...... 08±01±96 POM 666.1 157.7 ...... Transfer ...... 08±01±96 POM 666.2 158.1 ...... Transfer ...... 08±01±96 POM 619.1 158.2 ...... Transfer ...... 08±01±96 POM 619.2 158.3 ...... Transfer ...... 08±01±96 POM 619.3 158.4 ...... Transfer ...... 08±01±96 POM 619.4 159.1 ...... Transfer ...... 08±01±96 POM 681 159.2 ...... Transfer ...... 08±01±96 POM 682 159.3 ...... Transfer ...... 08±01±96 POM 683 159.4 ...... Transfer ...... 08±01±96 POM 691 159.5 ...... Transfer ...... 08±01±96 POM 692 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55055

TABLE I.ÐDISPOSITION OF MATERIAL FROM DMMTÐContinued

Effective Final DMMT Action date disposition

161.1 ...... Transfer ...... 08±01±96 POM 211 161.2 ...... Transfer ...... 08±01±96 POM 211 161.3 ...... Transfer ...... 08±01±96 POM 211 162.1 ...... Transfer ...... 08±01±96 POM 211a 162.2 ...... Transfer ...... 08±01±96 POM 212.1 162.3 ...... Transfer ...... 08±01±96 POM 211b 163.1 ...... Transfer ...... 08±01±96 POM 212.3 163.2 ...... Transfer ...... 08±01±96 POM 212.32 163.3 ...... Transfer ...... 08±01±96 POM 222 163.4 ...... Transfer ...... 08±01±96 POM 226 163.5 ...... Transfer ...... 08±01±96 POM 221 163.6 ...... Transfer ...... 08±01±96 POM 221.3 164.1 ...... Transfer ...... 08±01±96 POM 231.1 164.2 ...... Transfer ...... 08±01±96 POM 231.1 164.3 ...... Transfer ...... 08±01±96 POM 231.5 164.4 ...... Transfer ...... 08±01±96 POM 232 164.5 ...... Transfer ...... 08±01±96 POM 232 164.7 ...... Transfer ...... 08±01±96 POM 231.6 164.8 ...... Transfer ...... 08±01±96 POM 241 164.9 ...... Transfer ...... 08±01±96 POM 235 165.1 ...... Transfer ...... 08±01±96 POM 246 165.2 ...... Deletion ...... 08±01±96 165.3 ...... Transfer ...... 08±01±96 POM 239 171.1 ...... Transfer ...... 08±01±96 POM 236.1 171.2 ...... Transfer ...... 08±01±96 POM 236.2 171.3 ...... Transfer ...... 08±01±96 POM 236.22 171.4 ...... Transfer ...... 08±01±96 POM 236.3 172 ...... Transfer ...... 08±01±96 POM 236.4 173.1 ...... Transfer ...... 08±01±96 POM 236.5 173.2 ...... Transfer ...... 08±01±96 POM 236.6 173.3 ...... Transfer ...... 08±01±96 POM 236.7 173.4 ...... Transfer ...... 08±01±96 POM 236.8 174.1 ...... Transfer ...... 08±01±96 POM 236.91 174.2 ...... Transfer ...... 08±01±96 POM 236.92 174.3 ...... Transfer ...... 08±01±96 POM 236.93 176.1 ...... Transfer ...... 08±01±96 POM 237.1 176.2 ...... Transfer ...... 08±01±96 POM 237.2 332 ...... Deletion ...... 07±01±96 353 ...... Deletion ...... 07±01±96 445.1 ...... Deletion ...... 07±01±96 445.2 ...... Deletion ...... 07±01±96 445.3 ...... Deletion ...... 07±01±96 445.4 ...... Deletion ...... 07±01±96 561.2 ...... Deletion ...... 07±01±96 562.4 ...... Deletion ...... 07±01±96 563.5 ...... Deletion ...... 07±01±96 564.4 ...... Deletion ...... 07±01±96 565.5 ...... Deletion ...... 07±01±96 566.6 ...... Deletion ...... 07±01±96 568.1 ...... Deletion ...... 07±01±96 568.2 ...... Deletion ...... 07±01±96 574.3 ...... Deletion ...... 07±01±96 575.1 ...... Deletion ...... 07±01±96 575.2 ...... Deletion ...... 07±01±96 575.3 ...... Deletion ...... 07±01±96 581.1 ...... Deletion ...... 07±01±96 583.1 ...... Deletion ...... 07±01±96 583.2 ...... Deletion ...... 07±01±96 583.3 ...... Deletion ...... 07±01±96 583.4 ...... Deletion ...... 07±01±96 583.5 ...... Deletion ...... 07±01±96 624.7 ...... Deletion ...... 07±01±96 624.8 ...... Deletion ...... 07±01±96 626.2 ...... Deletion ...... 07±01±96 626.3 ...... Deletion ...... 07±01±96 626.4 ...... Deletion ...... 07±01±96 626.5 ...... Deletion ...... 07±01±96 627.1 ...... Deletion ...... 07±01±96 627.2 ...... Deletion ...... 07±01±96 644.1 ...... Deletion ...... 07±01±96 644.2 ...... Deletion ...... 07±01±96 55056 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

TABLE I.ÐDISPOSITION OF MATERIAL FROM DMMTÐContinued

Effective Final DMMT Action date disposition

644.3 ...... Deletion ...... 07±01±96 644.4 ...... Deletion ...... 07±01±96 645.1 ...... Deletion ...... 07±01±96 664.2 ...... Deletion ...... 07±01±96 644.3 ...... Deletion ...... 07±01±96 644.4 ...... Deletion ...... 07±01±96 645.1 ...... Deletion ...... 07±01±96 664.2 ...... Deletion ...... 07±01±96 664.3 ...... Deletion ...... 07±01±96 664.4 ...... Deletion ...... 07±01±96 664.5 ...... Deletion ...... 07±01±96 772.4 ...... Deletion ...... 07±01±96 767.4 ...... Deletion ...... 07±01±96 767.5 ...... Deletion ...... 07±01±96 767.6 ...... Deletion ...... 07±01±96 784.2 ...... Deletion ...... 07±01±96 784.3 ...... Deletion ...... 07±01±96 784.5 ...... Deletion ...... 07±01±96 911.2 ...... Transfer ...... 08±01±96 POM 811.1 911.3 ...... Transfer ...... 08±01±96 POM 811.3 911.4 ...... Transfer ...... 08±01±96 POM 811.4 911.5 ...... Transfer ...... 08±01±96 POM 811.5 912.4 ...... Transfer ...... 08±01±96 POM 812 912.5 ...... Transfer ...... 08±01±96 POM 812.2 912.6 ...... Transfer ...... 08±01±96 POM 812.3 912.7 ...... Transfer ...... 08±01±96 POM 812.4 913.4 ...... Transfer ...... 08±01±96 POM 813 913.5 ...... Transfer ...... 08±01±96 POM 813.2 913.6 ...... Transfer ...... 08±01±96 POM 813.3 913.7 ...... Transfer ...... 08±01±96 POM 813.4 914.4 ...... Transfer ...... 08±01±96 POM 814 914.5 ...... Transfer ...... 08±01±96 POM 814.2 914.6 ...... Transfer ...... 08±01±96 POM 814.24 914.7 ...... Transfer ...... 08±01±96 POM 814.3 914.8 ...... Transfer ...... 08±01±96 POM 814.4 915.5 ...... Transfer ...... 08±01±96 POM 815 931.3 ...... Transfer ...... 08±01±96 POM 821.1 932.4 ...... Transfer ...... 08±01±96 POM 822.1 933.4 ...... Transfer ...... 08±01±96 POM 823 934.6 ...... Transfer ...... 08±01±96 POM 824 934.7 ...... Transfer ...... 08±01±96 POM 824.7 934.8 ...... Transfer ...... 08±01±96 POM 824.8 941.1 ...... Transfer ...... 08±01±96 POM 831 941.3 ...... Transfer ...... 08±01±96 POM 832 941.5 ...... Transfer ...... 08±01±96 POM 833 941.6 ...... Transfer ...... 08±01±96 POM 834 941.7 ...... Transfer ...... 08±01±96 POM 835 941.8 ...... Transfer ...... 08±01±96 POM 836 951.1 ...... Transfer ...... 08±01±96 POM 841.1 951.2 ...... Transfer ...... 08±01±96 POM 841.2 951.3 ...... Transfer ...... 08±01±96 POM 841.3 951.4 ...... Transfer ...... 08±01±96 POM 841.4 951.5 ...... Transfer ...... 08±01±96 POM 841.5 951.6 ...... Transfer ...... 08±01±96 POM 841.6 951.7 ...... Transfer ...... 08±01±96 POM 841.7 951.8 ...... Transfer ...... 08±01±96 POM 841.8 952.1 ...... Transfer ...... 08±01±96 POM 842.1 952.2 ...... Transfer ...... 08±01±96 POM 842.2 952.3 ...... Transfer ...... 08±01±96 POM 842.3 952.4 ...... Transfer ...... 08±01±96 POM 842.4 953.3 ...... Transfer ...... 08±01±96 POM 843.1 953.4 ...... Transfer ...... 08±01±96 POM 843.2 954.7 ...... Transfer ...... 08±01±96 POM 844

TABLE II.ÐMATERIAL IN EFFECT IN DMMT

DMMT Subject matter

121.1 ...... Packaging Adequacy. 121.2 ...... Definitions. Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55057

TABLE II.ÐMATERIAL IN EFFECT IN DMMTÐContinued

DMMT Subject matter

121.3 ...... Packaging for Mailing. 121.4 ...... Marking. 121.5 ...... Mailability. 121.6 ...... Mailing Test Packages. 121.7 ...... Bulk Mail System Guidelines. 143.2 ...... Precanceled StampsÐMailer Precancellation. 144.2 ...... Meter License. 144.3 ...... Setting Meters. 144.5 ...... Mailings. 144.6 ...... Security. 144.7 ...... Post Office Meters. 145.7 ...... Manifest Mailing System (MMS). 145.8 ...... Optional Procedure (OP) Mailing System. 145.9 ...... Alternate Mailing Systems (AMS). Chapter 2 ...... Express Mail. Chapter 4 ...... Second-Class Mail. 665 ...... Postage Payment for Plant-Verified Drop Shipment Permit Imprint Mailings at Origin Post Of- fice Serving Mailer's Plant. 785 ...... Postage Payment for PVDS Permit Imprint Mailings at Origin Post Office Serving Mailer's Plant.

[FR Doc. 96–27132 Filed 10–22–96; 8:45 am] increased visibility and sponsorship for For the Commission, by the Division of BILLING CODE 7710±12±P the Security of the Company as Market Regulation, pursuant to delegated compared to the case under the single authority. specialist system on the Amex; Jonathan G. Katz, SECURITIES AND EXCHANGE (2) Greater liquidity and less volatility Secretary. COMMISSION in prices per share when trading volume [FR Doc. 96–27096 Filed 10–22–96; 8:45 am] is light might be expected as a result of BILLING CODE 8010±01±M Issuer Delisting; Notice of Application listing on NASDAQ as compared to the To Withdraw From Listing and Amex; Registration; (Reliv' International, Inc., Issuer Delisting; Notice of Application Common Stock, No Par Value) File No. (3) Listing on the NASDAQ system to Withdraw From Listing and 1±11768 might be expected to result in there Registration (Tasty Baking Company, being a greater number of market makers Common Stock, $0.50, Par Value) File October 17, 1996. in the Security of the Company and No. 1±5084 Reliv’ International, Inc. (‘‘Company’’) expanded capital base available for has filed an application with the trading in such stock; and October 17, 1996. Securities and Exchange Commission (4) Because it might be expected that Tasty Baking Company (‘‘Company’’) (‘‘Commission’’), pursuant to Section a larger number of firms will make a has filed an application with the 12(d) of the Securities Exchange Act of market in the Security, it might also be Securities and Exchange Commission 1934 (‘‘Act’’) and Rule 12d2–2(d) expected that there will be a greater (‘‘Commission’’), pursuant to Section promulgated thereunder, to withdraw interest in information and research 12(d) of the Securities Exchange Act of the above specified security (‘‘Security’’) reports respecting the Company and as 1934 (‘‘Act’’) and Rule 12d2–2(d) from listing and registration on the a result there may be an increase in the promulgated thereunder, to withdraw American Stock Exchange, Inc. number of institutional research and the above specified security (‘‘Security’’) (‘‘Amex’’). advisory reports reaching the from listing and registration on the The reasons alleged in the application investment community with respect to American Stock Exchange, Inc. for withdrawing the Security from the Company. (‘‘Amex’’). listing and registration include the The reasons alleged in the application following: Any interested person may, on or According to the Company, its Board before November 7, 1996 submit by for withdrawing the Security from of Directors unanimously approved letter to the Secretary of the Securities listing and registration include the resolutions on July 17, 1996 to and Exchange Commission, 450 Fifth following: withdraw the Security from listing on Street, N.W., Washington, D.C. 20549, According to the Company, the Board the Amex and instead, to list the facts bearing upon whether the of Directors (the ‘‘Board’’) adopted a Security on the Nasdaq National Market application has been made in resolution authorizing the withdrawal of System ‘‘Nasdaq/NMS’’. accordance with the rules of the the Security from listing on the Amex. The decision of the Board followed a exchanges and what terms, if any, The decision of the Board on this matter thorough study of the matter and was should be imposed by the Commission followed a study and was based upon based upon the belief that listing the for the protection of investors. The the belief that listing the Security on the Security on the Nasdaq/NMS will be Commission, based on the information NYSE will be more beneficial to more beneficial to the Company’s submitted to it, will issue an order shareholders of the Company for the stockholders than the present listing on granting the application after the date following reasons: the Amex because: mentioned above, unless the (1) The Company believes that listing (1) The Nasdaq system of competing Commission determines to order a its Security on the NYSE will result in market makers should result in hearing on the matter. increased visibility and sponsorship for 55058 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices the Security of the Company than is clarify under what circumstances a floor floor broker is the nominee of, or has presently available on the Amex. broker may accept orders directly from registered his individual membership (2) The Company believes that the public customers. (New language is in for, a member organization that is firms trading in the Security of the italics and deletions are in brackets.) approved to transact business with the Company on the Amex will also be Rule 6.70. A Floor Broker is an individual public in accordance with Exchange inclined to issue research reports (either a member or a nominee of a member Rule 9.1. Rule 6.70 continues by stating concerning the Company, thereby organization) who is registered with the that in the event the floor broker increasing the number of firms Exchange for the purpose, while on the satisfies the stated criteria, the floor providing institutional research and Exchange floor, of accepting and executing broker may then accept orders from advisory reports regarding the orders received from members or from public customers of the ‘‘organization.’’ Company. registered broker-dealers. A Floor Broker The Exchange has learned there is Any interested person may, on or shall not accept an order from any other some uncertainty among the before November 7, 1996, submit by source unless he is either the nominee of, or membership about the intended has registered his individual membership for, meaning of the phrase ‘‘public letter to the Secretary of the Securities a member organization approved to transact and Exchange Commission, 450 Fifth business with the public in accordance with customers of the organization’’ Street, N.W., Washington, D.C. 20549, Rule 9.1[,]. [in which event he may accept [emphasis added] because there is often facts bearing upon whether the orders from public customers of the more than one floor broker organization application has been made in organization.] In the event the organization is involved in a transaction. Often, one accordance with the rules of the approved pursuant to Rule 9.1, a Floor organization may execute the order on exchanges and what terms, if any, Broker who is the nominee of, or who has the floor of the Exchange while a second should be imposed by the Commission registered his individual membership for, organization may clear and carry the for the protection of investors. The such organization may then accept orders customer’s account. The Exchange has directly from public customers where (i) the Commission, based on the information learned that some members have organization clears and carries the customer assumed that Rule 6.70, as written, submitted to it, will issue an order account or (ii) the organization has entered granting the application after the date into an agreement with the public customer permits a floor broker to take an order mentioned above, unless the to execute orders on its behalf. Among the directly from a public customer only Commission determines to order a requirements a Floor Broker must meet in when that floor broker is a nominee of, hearing on the matter. order to register pursuant to Rule 9.1 is the or has registered his membership for, a successful completion of an examination for member organization that clears and For the Commission, by the Division of the purpose of demonstrating an adequate carries the customer’s account. These Market Regulation, pursuant to delegated knowledge of the securities business. Unless members do not consider the customer authority. the context otherwise indicates, a Board to be a ‘‘customer’’ of the organization Jonathan G. Katz, Broker acting as such in option contracts of that executes the customer’s order but Secretary. the class to which he has been appointed which does not carry and clear the [FR Doc. 96–27095 Filed 10–22–96; 8:45 am] pursuant to Rule 7.3 shall be considered to be a Floor Broker wherever that term occurs customer account. BILLING CODE 8010±01±M in these Rules. The Exchange, however, has interpreted Rule 6.70 to permit a floor II. Self-Regulatory Organization’s [Release No. 34±37840; File No. SR±CBOE± broker to accept an order from a public 96±62] Statement of the Purpose of, and customer even in cases where the Statutory Basis for, the Proposed Rule customer is a customer of the member Self-Regulatory Organizations; Notice Change organization only for the purpose of of Filing and Immediate Effectiveness In its filing with the Commission, the executing the order. In other words, the of Proposed Rule Change by the CBOE included statements concerning phrase ‘‘public customer of the Chicago Board Options Exchange, the purpose of and basis for the organization’’ is intended to refer to a Incorporated to Clarify the proposed rule change and discussed any customer of the floor broker firm that Requirements for Taking Orders comments it received on the proposed executes the order or a customer of the Directly From Public Customers rule change. The text of these statements floor broker firm that clears and carries may be examined at the places specified the customer account. In either case, October 17, 1996. in Item IV below. The CBOE has however, the floor broker/member Pursuant to Section 19(b)(1) of the prepared summaries, set forth in taking the order directly from a public Securities Exchange Act of 1934 sections A, B, and C below, of the most customer must be a nominee of, or must (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is have his individual membership significant aspects of such statements. hereby given that on October 9, 1996, registered for, a member organization the Chicago Board Options Exchange, A. Self-Regulatory Organization’s approved to transact business with the Incorporated (‘‘CBOE’’ or ‘‘Exchange’’) Statement of the Purpose of and public in accordance with Rule 9.1. filed with the Securities and Exchange Statutory Basis for, the Proposed Rule Rule 6.70 is being amended to more Commission (‘‘Commission’’) the Change clearly specify that a floor broker may proposed rule change as described in accept an order directly from a public 1. Purpose Items I, II, and III below, which Items customer whether the customer is a have been prepared by the CBOE. The The purpose of the proposed rule customer of the organization for Commission is publishing this notice to change is to clarify the circumstances, purposes of execution only or whether solicit comments on the proposed rule as set forth in Exchange Rule 6.70, the customer account is cleared and change from interested persons. under which a floor broker is permitted carried by the organization, as long as to receive orders directly from public the floor broker’s firm is approved I. Self-Regulatory Organization’s customers. Exchange Rule 6.70 pursuant to Exchange rules. As Statement of the Terms of Substance of currently states that a floor broker may specified in Chapter IX of the the Proposed Rule Change not accept an order from any source, Exchange’s rules, the floor broker taking The Exchange proposes to amend other than from a member or a the order must also meet certain criteria Rule 6.70, Floor Broker Defined, to registered broker-dealer, unless that before taking such orders, including Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55059 passing an examination for the purpose proposed rule change between the Section 4, there are three types of of demonstrating an adequate Commission and any person, other than eligible clearing fund collateral: cash, knowledge of the securities business. those that may be withheld from the eligible treasury securities, and eligible public in accordance with the letters of credit. An eligible treasury 2. Statutory Basis provisions of 5 U.S.C. 552, will be security is defined as an unmatured, By clarifying the rule that describes available for inspection and copying in marketable debt security in book-entry the circumstances under which a floor the Commission’s Public Reference form that is a direct obligation of the broker is permitted to receive orders Room. Copies of the filing will also be U.S. government.4 Conversely, GSCC directly from public customers, the available for inspection and copying at currently processes a broad range of Exchange believes that the proposed the principal office of CBOE. All securities (‘‘eligible netting securities’’) rule change is consistent with Section 6 submissions should refer to the file through its netting system. The of the Act in general and with Section number in the caption above and should proposed rule change expands the types 6(b)(5) in particular in that it is designed be submitted by November 13, 1996. of securities that will be acceptable 5 to promote just and equitable principles For the Commission, by the Division of forms of clearing fund collateral to of trade, to foster cooperation with Market Regulation, pursuant to delegated include all securities that are eligible for persons engaged in facilitating and authority. processing in GSCC’s netting system. clearing transactions in securities, and Margaret H. McFarland, Pursuant to GSCC’s Rules, eligible to protect investors and the public Deputy Secretary. netting securities are any non-mortgage- backed security, including zero-coupon interest. [FR Doc. 96–27145 Filed 10–22–96; 8:45 am] securities, issued or guaranteed by the B. Self-Regulatory Organization’s BILLING CODE 8010±01±M U.S., a U.S. government agency or Statement on Burden on Competition instrumentality, or a U.S. government- The Exchange does not believe the [Release No. 34±37828; File No. SR±GSCC± sponsored corporation. Such securities proposed rule change imposes any 96±05] must be Fed Wire eligible. Specific burdens on competition. examples of eligible netting securities Self-Regulatory Organizations; issued by U.S. government agencies C. Self-Regulatory Organization’s Government Securities Clearing include fixed-rate discount notes with Statement on Comments on the Corporation; Order Approving one year maturity issued by the Proposed Rule Change Received from Proposed Rule Change Relating to Tennessee Valley Authority, fixed-rate Members, Participants or Others Clearing Fund Collateral and Loss stripped interest payment or stripped No written comments were solicited Allocation Provisions principal securities sold at a discount by or received with respect to the proposed October 16, 1996. the Resolution Funding Corporation, rule change. On May 28, 1996, the Government and fixed-rate notes issued by the III. Date of Effectiveness of the Securities Clearing Corporation International Finance Corporation. GSCC limits liquidity and price Proposed Rule Change and Timing for (‘‘GSCC’’) filed with the Securities and volatility risks by applying an Commission Action Exchange Commission (‘‘Commission’’) appropriate haircut percentage to each a proposed rule change (File No. SR– The proposed rule change has become type of security accepted as clearing GSCC–96–05) pursuant to Section effective upon filing pursuant to Section fund collateral. Pursuant to GSCC Rules, 19(b)(1) of the Securities Exchange Act 19(b)(3)(A)(i) of the Act, and the haircuts for eligible netting of 1934 (‘‘Act’’) 1 to expand the types of subparagraph (e) of Rule 19b–4 securities other than eligible treasury securities that are eligible to be used as thereunder, in that the proposal is securities are at least equal to the clearing fund collateral and to redefine designated by the Exchange as haircut GSCC takes on eligible treasury the concept of current trading activity constituting a stated policy with respect securities,6 and in no event will the to the enforcement of an existing rule. for loss allocation purposes. GSCC 2 haircut be lower than that applied to the At any time within 60 days of the filing amended the filing on July 25, 1996. Notice of the proposal was published in of the rule change, the Commission may 4 Currently, only treasury bills and coupon summarily abrogate the rule change if it the Federal Register on August 19, bearing treasury notes and bonds are eligible as 1996.3 No comment letters were clearing fund collateral. Securities Exchange Act appears to the Commission that such Release No. 33237 (December 1, 1993), 58 FR action is necessary or appropriate in the received regarding the proposed rule change. For the reasons discussed 63414. public interest, for the protection of 5 At this time no change is proposed with respect investors, or otherwise in furtherance of below, the Commission is approving the to the cash and letters of credit eligible for clearing the purposes of the Act. proposed rule change. fund deposits. 6 Section 4 of GSCC Rule 4 provides that eligible IV. Solicitation of Comments I. Description treasury securities with a remaining maturity of greater than one year and less than ten years are Interested persons are invited to A. Clearing Fund Collateral subject to a three percent haircut, and securities submit written data, views and GSCC Rule 4 requires that each with a remaining maturity of ten years or greater are arguments concerning the foregoing. netting member make and maintain a subject to a five percent haircut. Eligible treasury securities with a remaining maturity of up to one Persons making written submissions deposit to the clearing fund, and Section year receive no haircut. GSCC does not propose to should file six copies thereof with the 4 thereof prescribes the form that a change these existing haircut provisions at this Secretary, Securities and Exchange netting member’s clearing fund deposit time. Commission, 450 Fifth Street, N.W., must take. Currently under Rule 4, With respect to agency securities and zero coupon and stripped treasury securities, GSCC will Washington, D.C. 20549. Copies of the apply the above haircuts unless GSCC’s liquidity submission, all subsequent 1 15 U.S.C. § 78s(b)(1) (1988). bank applies higher or more conservative haircut amendments, all written statements 2 Letter from Karen Walraven, Vice President and percentages. At this time, GSCC’s haircuts are with respect to the proposed rule Associate Counsel, GSCC, to Jerry W. Carpenter, consistent with the haircut percentages applied by Assistant Director, Division of Market Regulation, its liquidity bank. Letter from Karen Walraven, Vice change that are filed with the Commission (July 22, 1996). President and Associate Counsel, GSCC to Peggy Commission, and all written 3 Securities Exchange Act Release No. 37548 Blake, Attorney, Division of Market Regulation, communications relating to the (August 9, 1996), 61 FR 42925. Commission (August 8, 1996). 55060 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices relevant security by GSCC’s liquidity GSCC Rule 4, Section 8(a)(v) defines fund collateral. GSCC also will retain bank. Furthermore, GSCC retains the ‘‘trading activity with the defaulting the right to refuse to accept particular right to refuse to accept particular types member netted and novated on the day types of collateral for liquidity or other of collateral for liquidity or other of default’’ as trading activity with a reasons. reasons upon action by its Board of defaulting member submitted by a The Commission believes that GSCC’s Directors. Such refusal could arise netting member that was compared, modifications to its loss allocation under a variety of circumstances such as entered GSCC’s net system, and was procedures also will help to assure the GSCC’s liquidity bank’s reluctance to novated on the business day on which safeguarding of securities or funds in its accept a certain type of security as the failure of the defaulting member to control or for which it is responsible. collateral for an extension of credit. fulfill its obligations to GSCC occurred. Expanding the amount of trading that However, if the aggregate level of such will be encompassed for loss allocation B. Loss Allocation trading activity was less than the dollar purposes should spread out the loss Rule 20, Section 4(c) of GSCC’s rules value amount of the defaulting among a greater number of participants provides that upon a member’s default member’s securities liquidated pursuant and thus decrease the likelihood that GSCC will close out the positions of the to GSCC’s close out procedure, the term any one participant will be defaulting member. If the close out of all had encompassed trading activity going disproportionately affected. As a result, the defaulting member’s positions back as many days as was necessary to GSCC should be in a better position to results in GSCC incurring a loss, that reach a level of activity that was equal collect such funds should the need ever loss will be allocated pursuant to GSCC to or greater than the dollar value arise. Because the rule change also Rule 4. amount of such liquidated securities. results in participants having potential Under Section 8 of Rule 4, GSCC The proposed rule change modified the liability for trades entered into with a looks first to the defaulting member’s concept of ‘‘trading activity with the failing participant over a greater time clearing fund collateral. If the defaulting defaulting member netted and novated period, it should encourage participants member’s collateral does not fully cover on the day of default’’ to capture a level to assess the creditworthiness of their GSCC’s loss, GSCC determines the of trading activity that is at least five counterparties more carefully. As a proportion of the remaining loss that times the dollar value amount of the result, the level of risk of the trades arose in connection with non-brokered securities of the defaulting member that submitted to GSCC should be reduced, (i.e., direct) transactions and the are liquidated.8 and GSCC’s ability to safeguard proportion that arose in connection with II. Discussion securities and funds should be brokered transactions. Brokered enhanced. transactions are categorized as either The Commission finds that the brokered transactions involving only proposed rule change is consistent with III. Conclusion GSCC members or brokered transactions the Act, and specifically with Section On the basis of the foregoing, the 9 involving a nonmember on one side of 17A(b)(3)(F). Section 17A(b)(3)(F) Commission finds that the proposal is the trade. After the brokered and non- requires the rules of a clearing agency be consistent with the requirements of the brokered proportions are determined, designed to assure the safeguarding of Act and in particular with Section 17A the remaining loss is allocated among securities and funds which are in the of the Act. participants based largely upon their custody or control of the clearing agency It is therefore ordered, pursuant to trading activity with the defaulting or for which it is responsible. The Section 19(b)(2) of the Act, that the member netted and novated on the day Commission believes that the expansion proposed rule change (File No. SR– of default.7 of GSCC’s acceptable clearing fund GSCC–96–05) be and hereby is collateral will help to assure the approved. 7 To the extent a remaining loss is determined to safeguarding of securities because it arise in connection with non-brokered transactions should provide GSCC’s members with For the Commission by the Division of (i.e., direct transactions), the loss is allocated pro Market Regulation, pursuant to delegated more flexibility in meeting their clearing 10 rata among netting members other than interdealer fund obligations with risk levels that authority. brokers based on the dollar value of the trading Margaret H. McFarland, activity of each such netting member with the should not be significantly higher than defaulting member netted and novated on the day those present under the current clearing Deputy Secretary. of default. If the loss is determined to arise in fund collateral definition. GSCC is [FR Doc. 96–27092 Filed 10–22–96; 8:45 am] connection with member brokered transactions, BILLING CODE 8010±01±M GSCC allocates ten percent of the loss to the limiting the potential for liquidity and interdealer broker netting members on an equal price volatility risks in this regard by basis regardless of the level of trading activity of applying haircut percentages to each [Release No. 34±37829; File No. SR±NSCC± each such broker with the defaulting member. The type of security accepted as clearing remainder of the loss is divided pro rata among all 96±13] other netting members based upon the dollar value of each netting member’s trading activity through interdealer brokers are permitted to have up to ten Self-Regulatory Organizations; interdealer brokers with the defaulting member percent of their business with nonnetting members National Securities Clearing other than grandfathered nonmembers. GSCC has netted and novated on the day of default. If the loss Corporation; Order Approving a is determined to arise in connection with filed a proposal to amend certain aspects of the loss nonmember brokered transactions, GSCC allocates allocation provisions related to the percentage of Proposed Rule Change Relating to the ten percent of the loss to the interdealer broker the loss allocated to interdealer brokers. Securities Guarantee of When-Issued and netting members on an equal basis regardless of the Exchange Act Release No. 37565 (August 14, 1996), Balance Order Trades level of trading activity of each such broker with the 61 FR 43103. defaulting member. The remainder of the loss is 8 The five-fold multiple is based on the October 16, 1996. allocated pro rata among the Category 2 interdealer approximate netting factor of eighty percent. broker netting members that were parties to such Historically, the aggregate transactions processed On June 21, 1996, the National nonmember brokered transactions based upon the through GSCC’s netting system net down to Securities Clearing Corporation dollar value of each such broker member’s trading approximately twenty percent of the aggregate (‘‘NSCC’’) filed with the Securities and activity with the defaulting member netted and transactional volume (i.e., for approximately every Exchange Commission (‘‘Commission’’) novated on the day of default. Category 1 five transactions that enter the netting process, only interdealer brokers act exclusively as brokers and one needs to be settled through the movement of a proposed rule change (File No. SR– trade only with netting members and with certain securities and cash). grandfathered nonmember firms. Category 2 9 15 U.S.C § 78q–1(b)(3)(F) (1988). 10 17 CFR 200.30–3(a)(12) (1996). Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55061

NSCC–96–13) pursuant to Section trades, the calculation of the market risk will be modified further to include a 19(b)(1) of the Securities Exchange Act component is based on a rolling average statement of its policy of guaranteeing of 1934 (‘‘Act’’) 1 to modify its rules and of the prior twenty days market-to- the completion of when-issued trades as procedures to guarantee when-issued market differential. This is the method of midnight of the day the trades are and when-distributed (collectively, NSCC will use for calculating market reported to members as compared/ ‘‘when-issued’’), and balance order risk for balance order trades. For when- recorded. NSCC also is modifying trades. On August 2, 1996, NSCC issued, NSCC will base its calculation of Addendum K to state that it will amended the proposal (‘‘Amendment market risk on the market-to-market consider all when-issued trades of No. 1’’).2 Notice of the proposal was differential for the previous business members as if the trades were CNS published on August 19, 1996, in the day only. A market-to-market transactions for purposes of clearing Federal Register to solicit comments on differential based on the previous fund calculations and surveillance the proposed rule change.3 On August 6 business day only for when-issued regardless of the accounting operation and August 9, NSCC amended the filing trades is necessary because of the in which the trades ultimately settle. typically more volatile nature of when- to clarify certain terms (‘‘Amendment Because NSCC is guaranteeing three 4 issued trades. No. 2’’ and ‘‘Amendment No. 3’’), and different types of transactions, on August 14, 1996, NSCC submitted an The calculation of the liquidation risk component for CNS trades is based on Procedure XV, Clearing Fund Formula amendment replacing Exhibit A to the and Other Matters, is being modified to original filing as amended by all pending trades and failed trades. For 5 when-issued trades, NSCC will base its specifically include the calculations Amendment No. 1. No comment letters described above for when-issued and were received. For the reasons calculation of the liquidation risk component only upon pending when- balance order trades. NSCC also is discussed below, the Commission is modifying Addendum B, Standards of approving the proposed rule change. issued trades. For balance order trades, NSCC will base its calculation of the Financial Responsibility-Operational I. Description liquidation risk component on all Capability. NSCC is adding language to NSCC’s proposed rule change pending balance order trades and failed Procedure XV, Clearing Fund Formula modifies NSCC’s rules and procedures trades to the extent the contra-party to and Other Matters, to clarify that unless to guarantee when-issued 6 and balance any such failed trade is a regional it determines otherwise, the mark-to- order trades at the same point in the interface account. market component of the clearing fund clearance and settlement process as it Accordingly, NSCC is modifying formula for when-issued and when- guarantees regular-way trades in the Addendum M to its Rules and distributed transactions is the daily Continuous Net Settlement (‘‘CNS’’) Procedures, Statement of Policy in market differential while CNS and accounting operation.7 NSCC will Relation to the Completion of Pending balance order trades use a rolling twenty collateralize its increased exposure CNS Trades, to delete the language that day average of such mark-to-market resulting from the modification of its excepts when-issued trades from differential. NSCC’s policy of guaranteeing the guarantee of when-issued and balance II. Discussion order trades by collecting clearing fund completion of CNS trades as of midnight based on market risk and liquidation of the day the trades are reported to The Commission finds that the risk.8 Generally, with respect to CNS members as compared. NSCC further is proposed rule change is consistent with modifying Addendum M to include a the requirements of the Act and the 1 15 U.S.C. § 78s(b)(1) (1988). statement of its policy of guaranteeing rules and regulations thereunder and 2 Letter from Julie Beyers, Associate Counsel, the completion of when-issued trades as particularly with the requirements of NSCC, to Jerry Carpenter, Commission (August 1, of midnight of the day trades are Sections 17A(b)(3) (A) and (F).9 Sections 1996). reported to members as compared/ 3 Securities Exchange Act Release No. 37549 17A(b)(3) (A) and (F) require that the recorded. rules of a clearing agency be designed to (August 9, 1996), 61 FR 92927. NSCC is modifying Addendum K to 4 Letters from Julie Beyers, Associate Counsel, to safeguard securities and funds in its Peggy Blake, Commission (August 6, 1996, and its Rules and Procedures, Interpretation custody or control or for which it is August 9, 1996). The Commission did not notice the of the Board of Directors—Application responsible. amendments for comment because they were of Clearing Fund, to reflect that NSCC technical in nature and not substantive. will guarantee the completion of The Commission believes that by 5 Letter from Julie Beyers, Associate Counsel, guaranteeing when-issued trades and NSCC, to Jerry Carpenter, Assistant Director, balance order trades as of midnight of Division of Risk Management and Control, the day such trades are reported to balance order trades, NSCC is providing Commission (August 13, 1996). members as compared/recorded through its members with greater certainty in the 6 NSCC Amendment No. 3 defines a when-issued the close of business of T+3 regardless settlement of such trades. Furthermore, transaction as a transaction in a security which has of whether the member could have NSCC is collateralizing the increased occurred prior to the issuance of such security and exposure of guaranteeing when-issued is determined to be a when-issued transaction by made delivery on T+3. Addendum K the marketplace or exchange on which it trades. and balance order trades as of midnight NSCC Amendment No. 3 defines a when- not as yet reached settlement and the current on the day trades are reported to distributed transaction as a transaction in a security market price for such trades provided that they will members as compared by collecting which has occurred prior to the initial distribution exclude any trades for which under a clearing clearing fund on those trades based on of such security and is determined to be a when- agency cross-guarantee agreement NSCC has either market and liquidation risk. The distributed transaction by the marketplace or obtained coverage for such difference or undertaken exchange on which it trades. an obligation to provide coverage for such Commission believes that the collection 7 Regular-way CNS trades are guaranteed as of difference. In addition to protect against liquidation of clearing fund for these trades will midnight on the day the trades are reported to risk, NSCC will collect .25% of the net of all reduce the risk to NSCC and its members as compared/recorded. compared pending CNS trades and open CNS 8 In File No. SR–NSCC–96–11, NSCC amended positions. Securities Exchange Act Release No. participants with regard to member Procedure XV, Clearing Fund Formula and Other 37731 (September 26, 1996), 61 FR 51731 (Order default thereby assuring the Matters, to define the market risk component of the approving proposed rule change relating to an safeguarding of securities and funds in CNS portion of the clearing fund formula as amended restated options exercise settlement the custody or control of NSCC or for requiring each NSCC member to contribute to the agreement between The Options Clearing clearing fund an amount approximately equal to the Corporation and NSCC). See also current NSCC which it is responsible. net of each day’s difference between the contract Procedure XV, Sections A.1.(a)(1)(b) and price of pending compared CNS trades which have A.1.(a)(1)(c). 9 15 U.S.C. §§ 78q–1(b)(3) (A) and (F) (1988). 55062 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

III. Conclusion this Supplement, which is to be read in [Release No. 34±37838; File No. SR±PHLX± 96±42] On the basis of the foregoing, the conjunction with the more general ODD entitled ‘‘Characteristics and Risks of Commission finds that the proposal is Self-Regulatory Organizations; Notice Standardized Options,’’ that provides consistent with the requirements of the of Filing of Proposed Rule Change by disclosures to specifically accommodate Act and in particular with Sections the Philadelphia Stock Exchange, Inc., the introduction of FLEX Equity 17A(b)(3) (A) and (F) of the Act and the Relating to Limiting Time for Options and to reflect current rules of rules and regulations thereunder. Submission of Settlement Offers It is therefore ordered, pursuant to the options markets on which FLEX Section 19(b)(2) of the Act, that the Equity Options are traded.4 Pursuant to October 17, 1996. proposed rule change (File No. SR– Rule 9b–1, the Supplement will have to Pursuant to Section 19(b)(1) of the NSCC–96–13) be and hereby is be provided to investors in FLEX Equity Securities Exchange Act of 1934 approved. Options before their accounts are (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is approved for FLEX Equity Options hereby given that on September 27, For the Commission by the Division of Market Regulation, pursuant to delegated transactions or their orders for FLEX 1996, the Philadelphia Stock Exchange, authority.10 Equity Options are accepted. Inc. (‘‘PHLX’’ or ‘‘Exchange’’) filed with Margaret H. McFarland, The Commission has reviewed the the Securities and Exchange ODD Supplement and finds that it Commission (‘‘SEC’’ or ‘‘Commission’’) Deputy Secretary. complies with Rule 9b–1 under the Act. the proposed rule change as described [FR Doc. 96–27093 Filed 10–22–96; 8:45 am] The Supplement is intended to be read in Items I, II, and III below, which Items BILLING CODE 8010±01±M in conjunction with the ODD, which have been prepared by the self- discusses the characteristics and risks of regulatory organization. The [Release No. 34±37824; File No. SR±ODD± options, including FLEX Options, Commission is publishing this notice to 96±1] generally. The Supplement provides solicit comments on the proposed rule additional information regarding FLEX change from interested persons. Self-Regulatory Organizations; The Equity Options sufficient to further I. Self-Regulatory Organization’s Options Clearing Corporation; Order describe the special characteristics and Approving Proposed Supplement to Statement of the Terms of Substance of risks of these products. the Proposed Rule Change Options Disclosure Document Rule 9b–1 provides that an options Regarding Flexible Exchange Options market must file five preliminary copies Currently, PHLX Rule 960.7, ‘‘Offers (``FLEX Options'') of an amended ODD with the of Settlement,’’ allows a respondent in Commission at least 30 days prior to the any proceeding under the PHLX’s October 15, 1996. date definitive copies of the ODD are disciplinary rules to submit a written On October 4, 1996, The Options furnished to customers, unless the settlement offer to the Exchange’s Clearing Corporation (‘‘OCC’’) submitted Commission determines otherwise, Business Conduct Committee (‘‘BCC’’) at to the Securities and Exchange having due regard to the adequacy of any time during the course of the Commission (‘‘SEC’’ or ‘‘Commission’’), information disclosed and the proceeding. The PHLX proposes to pursuant to Rule 9b–1 under the protection of investors.5 The amend PHLX Rule 960.7 to limit the Securities Exchange Act of 1934 Commission has reviewed the time when a respondent may submit a (‘‘Act’’),1 five definitive copies of a Supplement, and finds that it is written settlement offer to the BCC to Supplement to its options disclosure consistent with the protection of within 120 calendar days immediately document (‘‘ODD’’), which describes, investors and in the public interest to following the date of service of the among other things, the risks and allow the distribution of the statement of charges upon the characteristics of trading in flexibly Supplement as of the date of this order. respondent. Under the proposal, the structured options overlying individual It is therefore ordered, pursuant to Exchange may schedule a hearing stocks (‘‘FLEX Equity Options’’). Rule 9b–1 under the Act,6 that the during the 120-day period immediately The ODD currently contains general following the date of service of the disclosures on the characteristics and proposed Supplement regarding FLEX Equity Options is approved, on an statement of charges or as soon as risks of trading flexibly structured practicable thereafter. The BCC may options (‘‘FLEX Options’’). At the time accelerated basis. For the Commission, by the Division of consider a settlement offer submitted the FLEX Options disclosure was Market Regulation, pursuant to delegated after the 120-day period as long as 2 approved, the Commission had authority.7 consideration of the offer does not delay approved Exchange proposals to trade Margaret H. McFarland, the hearing in the matter. FLEX Options overlying particular The text of the proposed rule change Deputy Secretary. indexes (‘‘FLEX Index Options’’). Since is available at the Office of the that time, the Commission has approved [FR Doc. 96–27094 Filed 10–22–96; 8:45 am] Secretary, PHLX, and at the Exchange proposals to trade FLEX BILLING CODE 8010±01±M Commission. Equity Options.3 OCC now proposes pursuant to Rule 9b–1 under the Act. See also II. Self-Regulatory Organization’s Securities Exchange Act Release No. 37630 10 Statement of the Purpose, of and 17 CFR 200.30–3(a)(12) (1996). (September 3, 1996) (File No. SR–OCC–96–03). 1 Statutory Basis for, the Proposed Rule 17 CFR 240.9b–1. 4 See e.g., Securities Exchange Act Release No. 2 Change See Securities Exchange Act Release Nos. 31910 37726 (September 25, 1996) (File Nos. SR–Amex– (February 23, 1993), 58 FR 12056 (March 2, 1993), 96–29, SR–CBOE–96–56, and SR–PSE–96–31) In its filing with the Commission, the 31919 (February 24, 1993), 58 FR 12286 (March 3, (order approving proposals to restrict the available self-regulatory organization included 1993), and 33582 (February 4, 1994), 61 FR 6661 exercise prices for FLEX equity call options). (February 11, 1994). 5 This provision is intended to permit the statements concerning the purpose of 3 See Securities Exchange Act Release Nos. 36841 Commission either to accelerate or extend the time and basis for the proposed rule change (February 14, 1996) (File Nos. SR–CBOE–95–43 and period in which definitive copies of a disclosure and discussed any comments it received SR–PSE–95–24) and 37336 (June 19, 1996 (File No. document may be distributed to the public. SR–Amex–95–57) (orders approving the listing and on the proposed rule change. The text trading of FLEX Equity Options, and designating 6 17 CFR 240.9b–1. of these statements may be examined at FLEX Equity Options as standardized options 7 17 CFR 200.30–3(a)(39). the places specified in Item IV below. Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55063

The self-regulatory organization has expeditious completion of disciplinary Margaret H. McFarland, prepared summaries, set forth in matters. Deputy Secretary. sections (A), (B), and (C) below, of the (B) Self-Regulatory Organization’s [FR Doc. 96–27144 Filed 10–22–96; 8:45 am] most significant aspects of such Statement on Burden on Competition BILLING CODE 8010±01±M statements. The PHLX does not believe that the (A) Self-Regulatory Organization’s proposed rule change will impose any OFFICE OF THE UNITED STATES Statement of the Purpose of, and inappropriate burden on competition. Statutory Basis for, the Proposed Rule TRADE REPRESENTATIVE Change (C) Self-Regulatory Organization’s [Docket No. 301±107] Statement on Comments on the The purpose of this proposal is to Proposed Rule Change Received From Initiation of Section 302 Investigation adopt a time limit during which Members, Participants or Others and Request for Public Comment: respondents involved in a disciplinary No written comments were either Australian Subsidies Affecting Leather matter before the PHLX’s BCC may received or requested. submit offers of settlement. Presently, AGENCY: Office of the United States under PHLX Rule 960.7, a respondent III. Date of Effectiveness of the Trade Representative. may submit an offer of settlement at any Proposed Rule Change and Timing for ACTION: Notice of initiation of time during the course of the Commission Action investigation; request for written proceedings. Because the language Within 35 days of the date of comment. allows for offers of settlement to be publication of this notice in the Federal SUMMARY: The United States Trade submitted at any time, the BCC was Register or within such longer period (i) concerned that respondents could Representative (USTR) has initiated an as the Commission may designate up to investigation under section 302(a) of the intentionally submit inadequate offers 90 days of such date if it finds such of settlement for the sole purpose of Trade Act of 1974, as amended (the longer period to be appropriate and Trade Act), with respect to certain acts, delaying a scheduled hearing until the publishes its reason for so finding or (ii) offer is reviewed by the full BCC. policies and practices of the as to which the self-regulatory Government of Australia with respect to Thus, the Exchange proposes to organization consents, the Commission subsidies affecting leather. USTR invites amend PHLX Rule 960.7 in order to will: written comments from the public on allow offers of settlement to be (a) By order approve such proposed the matters being investigated and the submitted only during the 120-day rule change, or determinations to be made under period immediately following the date (b) Institute proceedings to determine section 304 of the Trade Act. of service of the statement of charges whether the proposed rule change upon a respondent. The BCC could then should be disapproved. DATES: This investigation was initiated schedule hearings after the 120 days on October 3, 1996. Written comments IV. Solicitation of Comments knowing that there will not be last from the public are due on or before minute requests for continuances based Interested persons are invited to noon on Tuesday, November 5, 1996. upon late offers of settlement. Under submit written data, views and ADDRESSES: Office of the United States proposed Interpretation and Policy .01, arguments concerning the foregoing. Trade Representative, 600 17th Street, the BCC may also schedule a hearing Persons making written submissions NW, Washington, D.C. 20508. during the 120-day period immediately should file six copies thereof with the FOR FURTHER INFORMATION CONTACT: following the date of service of the Secretary, Securities and Exchange Ron Lorentzen, Director for WTO statement of charges on the respondent.1 Commission, 450 Fifth Street, N.W., Industrial Issues, (202) 395–3063, or The BCC will continue to have the Washington, D.C. 20549. Copies of the Audrey Winter, Associate General ability to entertain offers of settlement submission, all subsequent Counsel, (202) 395–7305. after the 120 days if its review does not amendments, all written statements SUPPLEMENTARY INFORMATION: On August delay the scheduled hearing in the with respect to the proposed rule 19, 1996, the Coalition Against matter. change that are filed with the Australian Leather Subsidies filed a The PHLX believes that the proposed Commission, and all written petition pursuant to section 302(a) of rule change is consistent with Section 6 communications relating to the the Trade Act (19 U.S.C. 2412(a)) of the Act in general, and in particular, proposed rule change between the alleging that certain subsidy programs of with Section 6(b)(5), in that it is Commission and any person, other than the Government of Australia constitute designed to promote just and equitable those that may be withheld from the acts, policies and practices that violate, principles of trade, to prevent public in accordance with the or are inconsistent with and otherwise fraudulent and manipulative acts and provisions of 5 U.S.C. 552, will be deny benefits to the United States under practices, to foster cooperation and available for inspection and copying at the General Agreement on Tariffs and coordination with persons engaged in the Commission’s Public Reference Trade 1994 (GATT) and the Agreement regulating, clearing, settling, processing Room. Copies of the filing will also be on Subsidies and Countervailing information with respect to, and available for inspection and copying at Measures (SCM Agreement). In facilitating transactions in securities, to the principal office of the above particular, the petition alleges that the remove impediments to and perfect the mentioned self-regulatory organization. Government of Australia has instituted mechanism of a free and open market All submissions should refer to file certain subsidy programs which provide and a national market system, as well as number SR-PHLX–96–42 and should be substantial assistance to the domestic to protect investors and the public submitted by November 13, 1996. leather tanning industry in Australia in interest by allowing for more For the Commission, by the Division of the form of credits for the export of Market Regulation, pursuant to delegated eligible goods and services based upon 2 1 Under PHLX Rule 960.5, ‘‘Hearing,’’ a authority. the value added to the exported product respondent must be given at least 15 business days in Australia. These credits can be used notice of the time of a hearing. 2 17 CFR 200.30–3(a)(12) (1995). to offset duties on eligible imports or, 55064 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices because they are freely transferable, can these acts, policies and practices, and Room 1412, located in 14th Street and be sold to any importer of eligible the determinations required under Constitution Avenue, N.W., goods. The petition also alleges that the section 304 of the Trade Act. Comments Washington, D.C., unless otherwise subsidies have burdened and restricted must be filed in accordance with the notified. U.S. commerce because they have requirements set forth in 15 CFR FOR FURTHER INFORMATION CONTACT: enabled Australian leather tanners to 2006.8(b) (55 FR 20593) and must be Suzanne Kang, Office of the United substantially lower their prices to filed on or before noon on Tuesday, States Trade Representative, 600 17th buyers of automobile upholstery leather November 5, 1996. Comments must be St. N.W., Washington, D.C. 20508, (202) for the U.S. market, thereby inflicting in English and provided in twenty 395–6120. injury on U.S. leather tanners. copies to: Sybia Harrison, Staff Assistant SUPPLEMENTARY INFORMATION: The ISAC to the Section 301 Committee, Room Investigation and Consultations 14 will hold a meeting on November 4, 223, Office of the U.S. Trade 1996 from 9:45 a.m. to 4:00 p.m. The On October 3, 1996, the USTR Representative, 600 17th Street, NW, meeting will include a review and determined that an investigation should Washington, D.C. 20508. discussion of current issues which be initiated to determine whether Comments will be placed in a file influence U.S. trade policy. Pursuant to certain acts, policies or practices of the (Docket 301–107) open to public Section 2155(f)(2) of Title 19 of the Government of Australia regarding inspection pursuant to 15 CFR 2006.13, United States Code and Executive Order subsidies available to leather under the except confidential business 11846 of March 27, 1975, the Office of Textile, Clothing and Footwear Import information exempt from public the U.S. Trade Representative has Credit Scheme and any other subsidies inspection in accordance with 15 CFR determined that part of this meeting will to leather granted or maintained in 2006.15. Confidential business be concerned with matters the Australia which are prohibited under information submitted in accordance disclosure of which would seriously Article 3 of the SCM Agreement are with 15 CFR 2006.15 must be clearly compromise the development by the actionable under section 301. marked ‘‘BUSINESS CONFIDENTIAL’’ Unites States Government of trade As required in section 303(a) of the in a contrasting color ink at the top of policy, priorities, negotiating objectives Trade Act, the USTR has requested each page on each of 20 copies, and or bargaining positions with respect to consultations with the Government of must be accompanied by a Australia regarding the issues under the operation of any trade agreement nonconfidential summary of the and other matters arising in connection investigation. The request was made confidential information. The pursuant to Articles 1 and 4 of the with the development, implementation nonconfidential summary shall be and administration of the trade policy of Understanding on Rules and Procedures placed in the file that is open to public Governing the Settlement of Disputes the United States. During the discussion inspection. Copies of the public version of such matters, the meeting will be (DSU), Article 4.1 of the SCM of the petition and other relevant closed to the public from 12:15 p.m. to Agreement, and Article XXIII:1 of GATT documents are available for public 4:00 p.m. The meeting will be open to 1994 as incorporated in Article 30 of the inspection in the USTR Reading Room. the public and press from 9:45 a.m. to SCM Agreement. If the consultations do An appointment to review the docket 12:15 p.m. when other trade policy not result in a satisfactory resolution of (Docket No. 301–107) may be made by issues will be discussed. Attendance the matter, the USTR will request the calling Brenda Webb (202) 395–6186. during this part of the meeting is for establishment of a panel pursuant to The USTR Reading Room is open to the observation only. Individuals who are Article 6 of the DSU and Article 4.4 of public from 10:00 a.m. to 12 noon and not members of the committee will not the SCM Agreement. USTR will seek 1:00 p.m. to 4:00 p.m., Monday through be invited to comment. information and advice from the Friday, and is located in Room 101. Phyllis Shearer Jones, petitioner and appropriate Irving A. Williamson, Assistant United States Trade Representative, representatives provided for under Chairman, Section 301 Committee. Intergovernmental Affairs and Public Liaison. section 135 of the Trade Act in [FR Doc. 96–27142 Filed 10–22–96; 8:45 am] preparing the U.S. presentations for [FR Doc. 96–27195 Filed 10–22–96; 8:45 am] BILLING CODE 3190±01±M such consultations. BILLING CODE 3190±01±M Under section 304 of the Trade Act, the USTR must determine within 18 Notice of Meeting of the Industry months after the date on which this Sector Advisory Committee for Small DEPARTMENT OF TRANSPORTATION investigation was initiated, or within 30 and Minority Business (ISAC 14) days after the conclusion of WTO Office of the Secretary dispute settlement procedures, AGENCY: Office of the United States Reports, Forms and Recordkeeping whichever is earlier, whether any act, Trade Representative. Requirements Agency Information policy, or practice or denial of trade ACTION: Notice of meeting. Collection Activity Under OMB Review agreement rights described in section SUMMARY: The Industry Sector Advisory 301 of the Trade Act exists and, if that AGENCY: Department of Transportation Committee for Small and Minority determination is affirmative, the USTR (DOT). Business (ISAC 14) will hold a meeting must determine what action, if any, to ACTION: Notice. take under section 301 of the Trade Act. on November 4, 1996 from 9:45 a.m. to 4:00 p.m. The meeting will be open to SUMMARY: In accordance with the Public Comment: Requirements for the public from 9:45 a.m. to 12:15 p.m. Paperwork Reduction Act of 1995 (44 Submissions and closed to the public from 12:15 to U.S.C. Chapter 35, as amended) this Interested persons are invited to 4:00 p.m. notice announces the Department of submit written comments concerning DATES: The meeting is scheduled for Transportation’s (DOT) intention to the acts, policies and practices of November 4, 1996, unless otherwise request an extension for a currently Australia which are the subject of this notified. approved information collection coming investigation, the amount of burden or ADDRESSES: The meeting will be held at up for renewal. Comments are invited restriction on U.S. commerce caused by the U.S. Department of Commerce in on: Whether the proposed collection of Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55065 information is necessary for the proper ACTION: Notice. Issued in Washington, DC, on October 11, performance of the functions of the 1996. Department, including whether the SUMMARY: In compliance with the Phillip A. Leach, information will have practical utility; Paperwork Reduction Act (44 U.S.C. Clearance Officer, United States Department the accuracy of the Department’s 3501 et seq.), this notice announces that of Transportation estimate of the burden of the proposed the Information Collection Request (ICR) [FR Doc. 96–27166 Filed 10–22–96; 8:45 am] information collection; ways to enhance abstracted below has been forwarded to BILLING CODE 4910±62±P the quality, utility and clarity of the the Office of Management and Budget information to be collected; and ways to (OMB) for review and comment. The minimize the burden of the collection of ICR describes the nature of the Reports, Forms and Recordkeeping information on respondents, including information collection and its expected Requirements Agency Information the use of automated collection burden. The Federal Register Notice Collection Activity Under OMB Review with a 60-day comment period soliciting techniques or other forms of information AGENCY: Department of Transportation comments on the following collection of technology. The Federal Register Notice (DOT). with a 60-day comment period soliciting information was published on August 9, 1996 [FR 61, page 41680]. ACTION: Notice and request for comments on the following collections comments. of information was published on July DATES: Comments must be submitted on 24, 1996 [FR 61, page 38507]. or before November 22, 1996. SUMMARY: In accordance with the DATES: Comments on this notice must be FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act of 1995 (44 received on or before November 22, Richard Weaver, (202) 366–2811, and U.S.C. Chapter 35, as amended) this 1996. refer to the OMB Control Number. notice announces the Department of ADDRESSES: Send comments to the Transportation’s (DOT) intention to SUPPLEMENTARY INFORMATION: Office of Information and Regulatory request extensions for three currently Affairs, Office of Management and Maritime Administration (MARAD) approved information collections Budget, 725–17th Street, NW., coming up for renewal and Title: Procedures, Subpart B— reinstatement, without change, a Washington, DC 20503, Attention OST Application for Designation of Vessels Desk Officer. previously approved collection for as ‘‘American Great Lakes Vessels.’’ which approval has expired. Comments FOR FURTHER INFORMATION CONTACT: Type of Request: Extension of a are Invited on: Whether the proposed Barbara Davis, U.S. Coast Guard, Office currently approved information collection of information is necessary of Information Management, telephone collection. for the proper performance of the (202) 267–2326. OMB Control Number: 2133–0521. functions of the Department, including SUPPLEMENTARY INFORMATION: Affected Public: Shipowners of whether the information will have merchant vessels. U.S. Coast Guard practical utility; the accuracy of the Abstract: Public Law 101–624 directs Department’s estimate of the burden of 1. Title: Rules for Carrying Hazardous the Secretary of Transportation to issue the proposed information collection; Liquids. regulations that establish requirements ways to enhance the quality, utility and OMB Control Number: 2115–0089. for the submission of applications by clarity of the information to be Type of Request: Extension of a owners of ocean vessels for designation collected; and ways to minimize the currently approved collection. of vessels as ‘‘American Great Lakes burden of the collection of information Affected Entities: Owners and Vessels.’’ on respondents, including the use of operators of chemical tankers. Need and Use of the Information: automated collection techniques or Abstract: The collection of Application is mandated by statute to other forms of information technology. information requires that U.S. and establish that a vessel meets statutory The Federal Register Notice with a 60- foreign vessels which carry hazardous criteria for obtaining the benefit of day comment period soliciting cargo submit to the Coast Guard eligibility to carry preference cargoes. comments on the following collections technical information about the cargo. Estimated Annual Burden: 1 hour. of information was published on August Need: Title 33 U.S.C. 1903 authorizes 9, 1996 [FR 61, page 41680]. the recordkeeping and reporting ADDRESSES: Send comments to the DATES: Comments on this notice must be requirements to ensure the safe Office of Information and Regulatory received on or before November 22, transport by vessel of hazardous Affairs, Office of Management and 1996. materials. Budget, 725–17th Street, NW., Estimated Burden: The estimated Washington, DC 20503, Attention OST ADDRESSES: Send comments to the burden is 6647.5 hours annually. Desk Officer. Office of Information and Regulatory Affairs, Office of Management and Issued in Washington, DC, on October 10, Comments are Invited on: Whether the proposed collection of information Budget, 725–17th Street NW., 1996. Washington, DC 20503, Attention USCG Phillip A. Leach, is necessary for the proper performance of the functions of the Department, Desk Officer. Clearance Officer, United States Department FOR FURTHER INFORMATION CONTACT: of Transportation. including whether the information will have practical utility; the accuracy of Barbara Davis, U.S. Coast Guard, Office [FR Doc. 96–27165 Filed 10–22–96; 8:45 am] the Department’s estimate of the burden of Information Management, telephone BILLING CODE 4910±62±P of the proposed information collection; (202) 267–2326. ways to enhance the quality, utility and SUPPLEMENTARY INFORMATION: clarity of the information to be Reports, Forms and Recordkeeping U.S. Coast Guard Requirements Agency Information collected; and ways to minimize the Collection Activity Under OMB Review burden of the collection of information 1. Title: Requirements for the Use of on respondents, including the use of Liquefied Petroleum Gas and AGENCY: Department of Transportation automated collection techniques or Compressed Natural Gas as Cooking (DOT). other forms of information technology. Fuel on Passenger Vessels. 55066 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

OMB Control Number: 2115–0549. Estimated Burden: The estimated DATES: Interested persons are invited to Type of Request: Extension of a burden is 23,664 hours annually. submit comments on or before currently approved collection. 4. Title: Response Resources November 22, 1996. Affected Entities: Passenger Vessel Inventory Data Collection. ADDRESSES: Written comments on the Owners and Operators. OMB Control Number: 2115–0606 DOT information collection requests Abstract: The collection of should be forwarded, as quickly as Type of Request: Extension of a information requires passenger vessels possible, to the Office of Management currently approved collection. to have posted two placards which and Budget, New Executive Office contain safety and operating Affected Entities: Oil spill response Building, Room 10202, Attention DOT/ instructions on the use of cooking organizations. FAA Desk Officer, Washington, D.C. appliances that use liquefied gas or Abstract: The collection of 20503. compressed natural gas. information requires oil spill response FOR FURTHER INFORMATION CONTACT: Need: Under title 46 U.S.C. 3306(a)(5), organizations to answer questions Judith Street, ABC–100; Federal the Coast Guard has the authority to concerning the location and amount of Aviation Administration; 800 allow passenger vessels to use liquefied equipment and personnel, as well as Independence Avenue, S.W.; propane gas and compressed natural gas their availability to respond to a coastal Washington, DC 20591; Telephone cooking appliances provided that oil spill. number (202) 267–9895. operating and safety instructions on the Need: The Oil Pollution Act of 1990, use of these appliances are posted on requires the Coast Guard to centralize SUPPLEMENTARY INFORMATION: board the vessel. information concerning the amount and Federal Aviation Administration (FAA) Estimated Burden: The estimated location of response equipment for oil burden is 1,425 hours annually. spills. Title: Assessment of Federal Aviation 2. Title: Identification of Lifesaving, Administration Acquisition Estimated Burden: The estimated Management System (FAAMS). Fire Protection and Emergency burden is 751 hours annually. Equipment. OMB Control Number: 2120-new. OMB Control Number: 2115–0577 Issued in Washington, DC, on October 15, Type of Request: New collection. Type of Request: Reinstatement, 1996. Affected Public: Contractors who will without change, of a previously Phillip A. Leach, be using the new system, an estimated approved collection for which approval Clearance Officer, United States Department 1,500 respondents. has expired. of Transportation. Abstract: On April 1, 1996, the Affected Entities: Owners of Merchant [FR Doc. 96–27167 Filed 10–22–96; 8:45 am] Federal Aviation Administration (FAA) Vessels. BILLING CODE 4910±62±P under authority of Section 348 of Public Abstract: The collection of Law 104–50, implemented a new information requires owners of acquisition management system unique merchant vessels to have identification Reports, Forms and Recordkeeping to FAA. The agency must ensure that markings on lifesaving equipment Requirements; Agency Information the system has an all around benefit for including the manufacturer name, Collection Activity Under OMB Review both the government and industry. model number, capacity, approval Rather than operating on conjecture, the AGENCY: number and other information Department of Transportation, (DOT). agency is seeking direct effectiveness concerning performance. information from industry. The FAA Need: Under Title 46 U.S.C. 3306, the ACTION: Notice and request for shall use information collected through Coast Guard has the authority to comments. this ‘‘new collection’’ to assess the prescribe regulations concerning the impact that the new FAAMS has had on SUMMARY: identification markings on lifesaving, This notice lists those forms, system-users, determine if fire protection and emergency reports, and recordkeeping requirements improvement(s) would enhance equipment on board merchant vessels. imposed upon the public which were timeliness and cost-effectiveness of Estimated Burden: The estimated transmitted by the Department of agency acquisitions, and refine the burden is 4,012 hours annually. Transportation to the Office of process(es) as appropriate. Management and Budget (OMB) for its 3. Title: Periodic Gauging and Burden: The estimated total annual approval in accordance with the Engineering Analyses. burden is 2,250 hours. OMB Control Number: 2115–0603. requirements of the Paperwork Type of Request: Extension of a Reduction Act of 1995 (44 U.S.C. Issued in Washington, D.C. on October 15, 1996. currently approved collection. Chapter 35). Section 3507 of Title 44 of Affected Entities: Owners and the United States Code, as adopted by Phillip A. Leach, operators of tank vessels. the Paperwork Reduction Act of 1995, Information Clearance Officer, United States Abstract: The Collection of requires that agencies prepare a notice Department of Transportation. Information requires respondents to for publication in the Federal Register, [FR Doc. 96–27168 Filed 10–22–96; 8:45 am] submit a gauging report which consists listing information collection requests BILLING CODE 4910±13±P of survey data and associated submitted to OMB for approval or engineering analysis which is needed by renewal under that Act. OMB reviews the Coast Guard to inspect tank vessels and approves agency submissions in Federal Aviation Administration over 30 years old for recertification. accordance with criteria set forth in that Need: Section 4109 of the Oil Act. In carrying out its responsibilities, Aviation Rulemaking Advisory Pollution Act requires the Coast Guard OMB also considers public comments CommitteeÐTransport Airplane and to issue regulations relating to the on the proposed forms and the reporting Engine Issues structural integrity of older tank vessels, and recordkeeping requirements. OMB AGENCY: Federal Aviation including periodic gauging of the approval of an information collection Administration (FAA), DOT. plating thickness of the vessel, before a requirement must be renewed at least ACTION: Notice of meeting cancellation. Certificate of Inspection is reissued. once every three years. Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55067

SUMMARY: The FAA is issuing this notice reconstruction of vessels. In November By Order of the Maritime Administrator. to advise the public that the October 22– 1994, the title XI program was expanded Joel C. Richard, 23 meeting of the Federal Aviation to permit issuance of loan guarantees for Secretary. Administration Aviation Rulemaking financing export vessels built in the [FR Doc. 96–27172 Filed 10–22–96; 8:45 am] Advisory Committee, scheduled to United States and for shipyard BILLING CODE 4910±81±P discuss Transport Airplane and Engine modernization and improvement Issues (61 FR 53778, October 15, 1996), projects. has been cancelled. Need and Use of the Information: Notice of Merger of Approved Trustee FOR FURTHER INFORMATION CONTACT: Prior to execution of a loan guarantee, Notice is hereby given, pursuant to Ms. Jackie Smith, Federal Aviation the Act requires the Secretary of Public Law 100–710 and 46 CFR Part Administration (ARM–209), 800 Transportation must, among other 221, that effective June 1, 1996, First Independence Avenue, SW., things, make determinations of Interstate Bank of Oregon, N.A., with Washington, DC 20591, telephone (202) economic soundness of the project and offices at 1300 S. W. Fifth Avenue, 267–9682; fax (202) 267–5075. financial and operating capability of the Portland, Oregon, 97208, has merged Issued in Washington, DC, on October 18, applicant. The Secretary of with and into Wells Fargo Bank, 1996. Transportation has delegated this National Association. As a result, First Chris A. Christie, authority (See 49 CFR 1.66(e)) to the Interstate Bank of Oregon, N.A., is now Executive Director, Aviation Rulemaking Maritime Administrator. The named Wells Fargo Bank, National Advisory Committee. information collected is necessary to Association. evaluate the project and capabilities, [FR Doc. 96–27205 Filed 10–18–96; 3:49 am] Dated: October 17, 1996. BILLING CODE 4910±13±M make the required determinations, and administer any agreements executed By Order of the Maritime Administrator. upon approval of loan guarantees. Joel C. Richard, Secretary. Maritime Administration Description of Respondents: [FR Doc. 96–27173 Filed 10–22–96; 8:45 am] [Docket No. M±024] Individuals/businesses interested in obtaining loan guarantees for BILLING CODE 4910±81±P Information Collection Available for construction/reconstruction of vessels Public Comments and satisfying criteria under the Act. National Highway Traffic Safety Recommendations Annual Responses: 25 Administration SUMMARY: In accordance with the Annual Burden: 2,000 hours [Docket No. 96±049; Notice 1] Paperwork Reduction Act of 1995, this Comments: Send all comments notice announces the Maritime regarding this information collection to Reports, Forms, and Recordkeeping Administration’s (MARAD’s) intentions Joel C. Richard, Department of Requirements to request extension of approval for Transportation, Maritime three years of a currently approved AGENCY: National Highway Traffic Administration, MAR–120, Room 7210, Safety Administration (NHTSA), DOT. information collection. 400 Seventh Street, S.W., Washington, ACTION: Request for public comment on DATES: Comments should be submitted D.C. 20590. Send comments regarding proposed collections of information. on or before (Sixty days following date whether this information collection is of publication in Federal Register). necessary for proper performance of the SUMMARY: Before a Federal agency can FOR FURTHER INFORMATION CONTACT: function of the agency and will have collect certain information from the David Lippold, Office of Ship practical utility, accuracy of the burden public, it must receive approval from Financing, Maritime Administration, estimates, ways to minimize this the Office of Management and Budget MAR–530, Room 8122, 400 Seventh burden, and ways to enhance quality, (OMB). Under new procedures Street, S.W., Washington, D.C. 20590. utility, and clarity of the information to established by the Paperwork Reduction Telephone 202–366–1907 or fax 202– be collected. Act of 1995, before seeking OMB 366–7901. Copies of this collection can By Order of the Maritime Administrator. approval, Federal agencies must solicit also be obtained from that office. Dated: October 18, 1996. public comment on proposed SUPPLEMENTARY INFORMATION: collections of information, including Joel C. Richard, Title of Collection: 46 CFR Part 298— extensions and reinstatements of Secretary. Title XI Obligation Guarantees previously approved collections. Type of Request: Extension of [FR Doc. 96–27171 Filed 10–22–96; 8:45 am] This document describes four currently approved information BILLING CODE 4910±81±P collections of information for which collection NHTSA intends to seek OMB approval. OMB Control Number: 2133–0018 DATES: Comments must be received on Form Number: MA–163 Notice of Merger of Approved Trustee or before December 23, 1996. Expiration Date of Approval: January ADDRESSES: Comments must refer to the 31, 1997. Notice is hereby given, pursuant to docket and notice numbers cited at the Summary of Collection of Public Law 100–710 and 46 CFR Part beginning of this notice and be Information: Under title XI of the 221, that effective June 27, 1996, submitted to Docket Section, Room Merchant Marine Act, 1936, as amended Meridian Bank, with offices at 35 North 5109, NHTSA, 400 Seventh Street, SW., (46 U.S.C. 1271–1279) (the Act), the Sixth Street, Reading, Pennsylvania, Washington, DC 20590. Please identify Maritime Administration (MARAD) is 19601, has merged with and into the proposed collection of information authorized to execute a full faith and CoreStates, N.A. As a result, the former for which a comment is provided, by credit guarantee by the United States of Meridian Bank, is now CoreStates Bank referencing its OMB Clearance Number. debt obligations issued to finance or N.A. It is requested, but not required, that 1 refinance the construction or Dated: October 17, 1996. original plus 2 copies of the comments 55068 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices be provided. The Docket Section is open and Part 565, provisions are made NHTSA, these programs which require on weekdays from 9:30 a.m. to 4 p.m. which specify the format and content vehicle identification would not be FOR FURTHER INFORMATION CONTACT: for a vehicle identification number possible. Complete copies of each request for (VIN) system and the general physical The identification of major parts of collection of information may be requirements for a VIN and its high-theft motor vehicle lines is obtained at no charge from Mr. Ed installation to simplify vehicle designed to decrease automobile theft Kosek, NHTSA Information Collection information retrieval. This system will by making it more difficult for criminals Clearance Officer, NHTSA, 400 Seventh aid NHTSA in reducing the incidence of to ‘‘chop’’ vehicles into component Street, SW., Room 6123, Washington, accidents by increasing the accuracy parts and then fence such parts. The DC 20590. Mr. Kosek’s telephone and efficiency of vehicle recall information would aid law enforcement number is (202) 366–2589. Please campaigns and in achieving many of its officials at all levels of Government in identify the relevant collection of safety goals. Manufacturers are required the investigation of ‘‘chop shops’’ by information by referring to its OMB to assign a unique VIN to each new creating evidence for prosecution of the Clearance Number. vehicle and to inform NHTSA of the operators for possession of stolen motor code used in forming the VIN. The vehicle parts. Major parts are marked on SUPPLEMENTARY INFORMATION: Under the regulations apply to passenger cars, high-theft vehicle lines. Operators of Paperwork Reduction Act of 1995, multipurpose passenger vehicles, both ‘‘chop shops’’ and auto body repair before an agency submits a proposed trucks, buses, trailers, incomplete shops would avoid possession of parts collection of information to OMB for vehicles, and motorcycles. bearing identification that links the approval, it must publish a document in Part 541 requires manufacturers to parts to a stolen vehicle. Thus, Congress the Federal Register providing a 60-day either label or affix a VIN to specific intends major parts identification to comment period and otherwise consult major component parts of certain decrease the market for stolen parts and with members of the public and affected passenger motor vehicles, multipurpose therefore, to decrease the incentive for agencies concerning each proposed passenger vehicles, and light-duty motor vehicle theft. collection of information. The OMB has trucks with a gross vehicle weight rating If this information were not available, promulgated regulations describing of 6,000 pounds or less. Replacement the legislative goal of a comprehensive what must be included in such a component parts must be marked with scheme against automobile theft would document. Under OMB’s regulations (at the ‘‘DOT’’ symbol, the letter ‘‘R’’, and be frustrated. The Theft Prevention 5 CFR 1320.8(d)), an agency must ask the manufacturer’s logo. Statute would not effectively deter for public comment on the following: Part 567 requires the VIN to be appear ‘‘chop shop’’ operators because law (i) Whether the proposed collection of on the certification label. enforcement officials could not readily information is necessary for the proper Description of the need for the identify parts in the operators’ performance of the functions of the information and proposed use of the possession as stolen. Also, stolen parts, agency, including whether the information—State motor vehicle when recovered, could not easily be information will have practical utility; administrations, law enforcement traced back to the proper owner and (ii) The accuracy of the agency’s organizations, and other agencies utilize returned to the owner or insurer. estimate of the burden of the proposed the unique VIN as a means of Further, failure to require parts’ collection of information, including the identifying motor vehicles that are identification would violate the Theft validity of the methodology and registered within their state. NHTSA Prevention Statute. assumptions used; utilizes this vehicle identification Description of the Likely Respondents (iii) How to enhance the quality, number to identify motor vehicles that (Including Estimated Number, and utility, and clarity of the information to are subject to defect notices. NHTSA Proposed Frequency of Response to the be collected; and also uses these VINs to calculate motor Collection of Information)—All foreign (iv) How to minimize the burden of vehicle theft rates by model year/ and domestic manufacturers are the collection of information on those calendar year as required by Section 603 potential respondents. NHTSA who are to respond, including the use of the Cost Savings Act. estimates 1,000 respondents per year of appropriate automated, electronic, Under Part 565, vehicle with a frequency of approximately mechanical, or other technological manufacturers are required to identify 18,670,000 responses. The responses are collection techniques or other forms of those trucks and multipurpose an estimation of the total production of information technology, e.g., permitting passenger vehicles manufactured motor vehicles and replacement parts. electronic submission of responses. between September 1, 1993, and Estimate of the Total Annual In compliance with these September 1, 1995, that are equipped Reporting and Recordkeeping Burden requirements, NHTSA asks public with automatic occupant crash Resulting from the Collection of comment on the following proposed protection (such as air bags or automatic Information—The agency estimates that collection of information: belts). If this information were not approximately 64 percent of all available, NHTSA would not be able to passenger motor vehicles produced Consolidated Labeling Requirement for determine if trucks or multipurpose would be selected as high-theft models 49 CFR 571.115, and Parts 565, 541, passenger vehicles equipped with an air subject to the standard. Assuming 18 and 567 bag or an automatic safety belt are being million passenger motor vehicle sales Type of Request—Reinstatement of certified as being in compliance with per year, 11.52 million motor vehicles clearance. Federal Standard 208. This lack of annually would be covered. Costs of OMB Clearance Number—2127–0510. information would seriously hinder the compliance are estimated at $10.00 per Form Number—This collection of agency’s efforts to select vehicles for vehicle for stamped identifiers, and information uses no standard forms. purchase on the open market for the $5.20 per vehicle for label identifiers. Requested Expiration Date of purposes of conducting crash tests to The total annual fleet costs are, thus, Approval—Three years from date of ‘‘spot check’’ a manufacturer’s estimated at $115.2 million for stamped approval. compliance. If each vehicle were not identifiers ($10.00 × 11.52 million) and Summary of the Collection of labeled with a VIN and if the VIN $59.9 million for label identifiers ($5.20 Information—Under 49 CFR 571.115 information were not collected by × 11.52 million). Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55069

Authority: 440 U.S.C. 3506(c); delegation suggestions and comments from the (1) Should RSPA charge a fee for new of authority at 49 CFR 1.50. public.’’ construction? Dated: September 19, 1996. (2) Should RSPA charge a fee on LDCs Background L. Robert Shelton, to recognize that some of RSPA’s Acting Associate Administrator for Safety Under 49 U.S.C. 60103, gas and resources are devoted to regulating these Performance Standards. hazardous liquid pipeline operators pay operators? [FR Doc. 96–27164 Filed 10–22–96; 8:45 am] annual user fees to fund the U.S. (3) Should RSPA consider accident Department of Transportation’s Pipeline BILLING CODE 4910±59±P history when computing fees? Safety program. The Act provides that a (4) Should other risk based measures fee shall be imposed on each person be considered? Research and Special Programs operating a pipeline transmission (5) Should volume be considered in Administration facility, a liquefied natural gas facility, the fee calculation? or a hazardous liquid pipeline facility to (6) Should throughput, i.e., volume- Pipeline Safety User Fee Assessment which chapter 601 of 49 U.S.C. applies. mileage, be considered? Methodology The Act requires the Secretary of (7) Should diameter of the pipeline be Transportation to establish a schedule of considered a cost factor? AGENCY: Research and Special Programs fees for pipeline usage that bear a (8) Should location be a factor in Administration, DOT. reasonable relationship to the miles of determining the user fee? Does a ACTION: Notice of public meeting. pipeline, volume-miles, revenues or an pipeline in a densely populated area or appropriate combination thereof. In an environmentally sensitive area SUMMARY: The Research and Special establishing the schedule, the Secretary require greater oversight than a pipeline Programs Administration (RSPA) invites must take into account the allocation of in a remote area that is not representatives of industry, state and Departmental resources. environmentally sensitive? local government, and the public to an After discussions with the major trade (9) Will RSPA need to require an open meeting on pipeline safety user fee associations representing these annual report from liquid operators, assessments. The purpose of this industries a consensus was reached that which currently do not provide such meeting is to gather information on the pipeline mileage provides the most reports, to collect information necessary present assessment methods used by reasonable basis for determining fees to for an alternative to the present RSPA in determining pipeline safety be paid by operators of gas transmission assessment method? What could this user fees and to explore a broad range lines and hazardous liquid pipeline mean to the administrative costs and of other approaches for assessing user facilities. For LNG facilities it was paperwork burden of these operators? fees. determined that storage capacity was RSPA seeks comments on these issues DATES: The meeting will be held on the appropriate basis for a fee. and any other concerns the public has November 22, 1996, 9:00 a.m.–4:00 p.m. In order to reduce its administrative on the assessment of user fees, burden, RSPA decided to exempt small ADDRESSES: The meeting will be held at including any ideas to improve the operators from the payment of user fees the U.S. Department of Transportation efficiency and cost effectiveness of so that those operators would not be 400 Seventh Street, S.W., Washington, collection. unduly burdened. Operators with less D.C. Room 6200–04. Interested persons are invited to than 10 miles of gas transmission lines attend the meeting and present oral or FOR FURTHER INFORMATION CONTACT: and 30 miles of hazardous liquid written statements on the matters set for Marvin Fell, (202) 366–6205, U.S. pipelines would therefore be exempt. the meeting. Any person who wishes to Department of Transportation, RSPA Further, it was concluded that charging speak should notify Marvin Fell at the 400 Seventh St., S.W., Washington, D.C. fees to local distribution companies above address. Please estimate the time 20590 regarding the subject matter of (LDCs) would be administratively that will be required for your this notice, or the Dockets Unit (202) burdensome because many LDCs are presentation. RSPA reserves the right to 366–5046, regarding copies of this small operators. The imposition of such limit the time of each speaker, if notice or other material referenced in fees could result in a double counting necessary, to ensure that everyone who this notice. against LDCs because transmission requests an opportunity to speak is SUPPLEMENTARY INFORMATION: The operators would likely pass along the allocated sufficient time. Interested Accountable Pipeline Safety and costs of these fees to LDCs as a cost of parties that are not scheduled to Partnership Act of 1996 Section 60127 doing business. comment will have an opportunity to requires that, ‘‘[t]he Secretary of In choosing to use pipeline mileage comment after all presentations are Transportation shall transmit to the (and facility capacity in the case of completed with the approval of the Congress a report analyzing the present LNG) RSPA chose an assessment meeting officer. assessment of pipeline safety user fees method that minimizes the solely on the basis of mileage to administrative expenses of collection. Issued in Washington, D.C., on October 17, 1996. determine whether— However, this method of assessment (1) That measure of the resources of may not reflect how RSPA allocates its Richard B. Felder, the Department of Transportation is the resources in regulating pipelines. For Associate Administrator for Pipeline Safety. most appropriate measure of the example, new construction inspections [FR Doc. 96–27120 Filed 10–22–96; 8:45 am] resources used by the Department of are not factored into mileage-based user BILLING CODE 4910±60±P Transportation in the regulation of fees. Presently, companies are charged pipeline transportation; or the same fee regardless of accident (2) Another basis of assessment would history, although RSPA resources may Toward A Metric AmericaÐA Dialogue be a more appropriate measure of those be expended disproportionately on Open to the Public resources: companies with poor safety records. The AGENCY: Research and Special Programs (b) Considerations—In making the questions below address some of the Administration, DOT. report, the Secretary shall consider a issues concerning the present ACTION: Notice of public meeting. wide range of assessment factors and assessment methodology: 55070 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

SUMMARY: Executive Order 12770 input to assist in converting its Issued in Washington, D.C., on October 17, ‘‘Metric Usage in Federal Government regulations from inch-pound measures 1996. Programs’’, dated July 25, 1991, requires to metric measures. The specific Richard Felder, that Federal agencies use metric guidance RSPA is seeking includes Associate Administrator for Pipeline Safety. measures in their business related answers to the questions detailed below. [FR Doc. 96–27119 Filed 10–22–96; 8:45 am] activities as a means to implement the RSPA will consider the comments BILLING CODE 4910±60±P metric system of measurement as the presented during the Dallas public preferred system of weights and meeting to prepare a Notice of Proposed measures for the United States. This Rulemaking (NPRM) on its transition to Surface Transportation Board Order designates the Department of the metric system. [STB Ex Parte No. 578] Commerce as lead agency in the (1) What method should RSPA use in metrication process. converting from inch-pound measures Adjustment of Civil Monetary Penalties The Department of Commerce’s to metric measures? (A) Soft conversion for Inflation Metric Program at the National Institute (an exact mathematical conversion of Standards and Technology has been which gives the same degree of AGENCY: Surface Transportation Board. holding a series of regional dialogues to precision in either system of measures), ACTION: Notice. discuss the ongoing process of national showing both metric and inch-pound metrication. One of these meetings will measures with the inch-pound units in SUMMARY: The Surface Transportation be at Southern Methodist University in parentheses, (B) Soft conversion with Board (the Board) finds that it is Dallas, Texas on January 10–11, 1997. metric only, (C) Hard conversion unnecessary at this time to amend its The Research and Special Programs (conversions which are made for a regulations to adjust the maximum civil Administration (RSPA) of the particular purpose to produce measures monetary penalties for inflation under Department of Transportation has asked that are meaningful in practical statutes within the jurisdiction of the and received permission from the application or to conform to Board. Department of Commerce to include a international standard or convention) EFFECTIVE DATE: October 23, 1996. panel on metric implementation with metric only, (D) Hard conversion FOR FURTHER INFORMATION CONTACT: concerns facing the pipeline showing both metric and inch-pound Anthony Jacobik, Jr., (202) 927–5827. community. RSPA is specifically measures, with the inch-pound units in [TDD for the hearing impaired: (202) inviting interested parties from the parentheses. 927–5721.] pipeline community to attend this (2) What technical problems would SUPPLEMENTARY INFORMATION: Section 4 meeting which will provide a forum to the pipeline industry face in of the Federal Civil Penalties Inflation discuss concerns about the impact of implementing metric measures to Adjustment Act of 1990 (28 U.S.C. 2461 metricating the Department of comply with RSPA regulations? note), as amended by the Debt Transportation’s Pipeline Safety (3) What are the costs and benefits of Collection Improvement Act of 1996 Regulations, 49 CFR Parts 190–199. the four alternatives described in (the Act) (Pub. L. 104–134, 110 Stat. DATES: The regional metric dialogue question 1? 1321–358, 378), requires each Federal meeting will be held on Friday, January (4) Will the metrication process agency with statutory authority to assess 10, 1997 from 9:00 a.m.–4:00 p.m. and unduly burden small entities? If yes, a civil monetary penalty (CMP) to adjust on Saturday, January 11, 1997 from 9:00 what could be done to reduce the each CMP by the inflation adjustment a.m.–1:30 p.m. The Pipeline Safety burden on these entities? described in section 5 of the Act. Such Regulation panel will be scheduled for (5) What impact will the metrication adjustment is to be by regulation January 10, at a time to be determined. process have on state pipeline safety published in the Federal Register. The ADDRESSES: The meeting will be held at programs? first inflation adjustment is required by Southern Methodist University’s (6) What degree of precision should October 23, 1996—180 days after the Umphrey Lee Center in Dallas, Texas. be maintained in the conversion from enactment of the Act on April 23, 1996. FOR FURTHER INFORMATION CONTACT: inch-pound to metric, i.e., accurate to Thereafter, agencies are to make Marvin Fell, (202) 366–6205, U.S. one decimal place, two decimal places, inflation adjustments by regulation at Department of Transportation, RSPA, or more than two decimal places? least once every four years. 400 Seventh St., S.W. Washington, D.C. (7) If RSPA decides to use a transition The inflation adjustment is to be 20590 regarding the subject matter of period during which its regulations will determined by increasing the maximum this notice, or the Dockets Unit (202) display both metric and inch-pound CMPs, or the range of minimum and 366–5046, regarding copies of this measures, how long should this interim maximum CMPs, as applicable, for each notice or other material referenced in period last before a complete conversion CMP by the percentage that the this notice. For information concerning to metric measures only? Consumer Price Index (CPI) for the national metrication issues, excluding Interested persons are invited to month of June of the calendar year pipelines, call the Department of attend the meeting and present oral or preceding the adjustment exceeds the Commerce at (301) 975–3690 or e-mail written statements on metric conversion CPI for the month of June of the last [email protected] or read the issues. Any person who wishes to speak calendar year in which the amount of Department of Commerce’s metric should notify Marvin Fell at the above such penalty was last set or adjusted program world wide web site at address. Please estimate the time that pursuant to law. http://www.nist.gov/metric or contact will be needed to speak. RSPA reserves The ICC Termination Act of 1995, by fax (301) 948–1416. the right to limit the time of each Public Law 104–88, 109 Stat. 803 SUPPLEMENTARY INFORMATION: In order to speaker, if necessary, to ensure that (ICCTA), enacted December 29, 1995, fulfill its requirements under Executive everyone who requests an opportunity and effective January 1, 1996, abolished Order 12270, RSPA plans to update its to speak is given one. Interested parties the Interstate Commerce Commission pipeline safety regulations (49 CFR Parts that are not scheduled to comment will and transferred certain regulatory 190–199) by introducing the use of the have an opportunity to comment only functions to the Board. Because the metric system. RSPA is seeking public after approval of the meeting officer. CMPs under Board jurisdiction were not Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices 55071 even in effect until they were first DEPARTMENT OF THE TREASURY form of organization. Copies of the established in the ICCTA, it is application are available for inspection unnecessary to make any adjustments Office of Thrift Supervision at the Dissemination Branch, Office of for inflation at this time. [AC±47; OTS No. 01324] Thrift Supervision, 1700 G Street, NW., Decided: October 18, 1996. Washington, DC 20552, and the Central Preferred Savings Bank, Chicago, Regional Office, Office of Thrift By the Board, Chairman Morgan, Vice Illinois; Approval of Conversion Supervision, 200 West Madison Street, Chairman Simmons, and Commissioner Application Owen. Suite 1300, Chicago, Illinois 60606. Vernon A. Williams, Notice is hereby given that on October Dated: October 18, 1996. Secretary. 11, 1996, the Director, Corporate By the Office of Thrift Supervision, Activities, Office of Thrift Supervision, [FR Doc. 96–27178 Filed 10–22–96; 8:45 am] Nadine Y. Washington, or her designee, acting pursuant to BILLING CODE 4915±00±P delegated authority, approved the Corporate Secretary. application of Preferred Savings Bank, [FR Doc. 96–27191 Filed 10–22–96; 8:45 am] Chicago, Illinois, to convert to the stock BILLING CODE 6720±01±M federal register October 23,1996 Wednesday Committee; Notice Nominations forMembersofthe and AvailabilityRequestfor the AdvisoryCommitteeonBloodSafety Announcement oftheEstablishment Office oftheSecretary Services Health andHuman Department of Part II 55073 55074 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Notices

DEPARTMENT OF HEALTH AND U.S.C. App.2), and section 222 of the Members shall be invited to serve for HUMAN SERVICES Public Health Service Act as amended overlapping terms: terms of more than (42 U.S.C. 217a), the Office of the two years are contingent upon the Office of the Secretary Secretary announces establishment by renewal of the committee by appropriate the Secretary of the following Federal action prior to its expiration. Of the first Announcement of the Establishment of advisory committee: members appointed, excluding the non- the Advisory Committee on Blood Purpose voting ex officio members, six shall Safety and Availability and Request for serve for a term of two years, six for a Nominations for Members of the The Committee will provide advice to term of three years, and six for a term Committee the Secretary and the Assistant of four years, as designated at the time AGENCY: Office of the Secretary, DHHS. Secretary for Health on a range of issues of appointment. which include: (1) the implications for ACTION: Notice. blood safety and availability of various Information Required SUMMARY: The Office of the Secretary economic factors affecting product cost and supply; (2) definition of public Each nomination shall consist of a announces the establishment by the package that at minimum includes: Secretary, October 9, 1996, of the health parameters around safety and Advisory Committee on Blood Safety availability of the blood supply; and (3) A. A letter of nomination that clearly and Availability (ACBSA). In addition, broad public health, ethical, and legal states the name and affiliation of the the Office of the Secretary requests issues related to safety of the blood nominee, the nominator’s basis for the nominations for representatives to serve supply. nomination, the category for which the on the ACBSA in accordance with its Authority for the committee shall person is nominated, and a statement charter. Initial appointments of expire on October 9, 1998, unless the that the nominee is willing to serve as representatives shall be made for Secretary of Health and Human a member of the Committee; staggered terms of two to four years. Services, with the concurrence of the B. The name, return address, and DATES: All nominations must be Committee Management Secretariat, daytime telephone number at which the received at the address below by no General Services Administration, nominator may be contacted, and the later than 4:00 PM EDT on November determines that the continuance is in address and telephone number for the 13, 1996. the public interest. individual being nominated. ADDRESSES: All nomination packages Nominations Organizational nominators must shall be submitted to Eric Goosby, M.D., Persons nominated for membership identify a principal contact person in Office of Public Health and Science, should be from among authorities addition to contact information; Department of Health and Human knowledgeable in blood banking, C. A copy of the nominee’s Services, Room 736 E, 200 transfusion medicine, bioethics and curriculum vitae. Independence Ave. S.W., Washington, related disciplines. Members shall be DC 20201. All nomination information for a selected from among State and local nominee must be provided in a FOR FURTHER INFORMATION CONTACT: organizations, the blood and blood complete single package. Incomplete Linda A. Smallwood, Ph.D., Center for products industry including nominations cannot be considered. Biologics Evaluation and Research, manufacturers and distributors, Nomination materials must bear original HFM–350, Food and Drug advocacy groups, consumer advocates, signatures and facsimile transmissions Administration, 1401 Rockville Pike, provider organizations, academic or copies are not acceptable. Rockville, MD 20852. Tel (301) 827– researchers, ethicists, private 3514. physicians, behavioral scientists, legal Philip R. Lee, SUPPLEMENTARY INFORMATION: Pursuant organizations, and from communities of Assistant Secretary for Health. to the Federal Advisory Committee Act, persons who are frequent recipients of [FR Doc. 96–27081 Filed 10–22–96; 8:45 am] Public Law 92–493 as amended (5 blood and blood products. BILLING CODE 4160±17±M federal register October 23,1996 Wednesday Week, 1996 Proclamation 6945ÐNationalConsumers The President Part III 55075

55077

Federal Register Presidential Documents Vol. 61, No. 206

Wednesday, October 23, 1996

Title 3— Proclamation 6945 of October 21, 1996

The President National Consumers Week, 1996

By the President of the United States of America

A Proclamation This year’s theme for National Consumers Week is ‘‘service signals success.’’ Service is an indispensable element of success over the long term in both business and government: service that is responsive, convenient, and cour- teous, service that meets the expectations of consumers and taxpayers. Clever promotions and deceptive pricing may generate short-term profits in business. Promises alone may gain brief support for Government agencies and programs. But American consumers and taxpayers aren’t easily deceived. They expect quality service, and those who cannot or do not provide it will ultimately fail. That is why I added the right to service to the Consumer Bill of Rights. It is why we have made the reinvention of government—requiring more responsiveness and efficiency—a keystone of my Administration. It is why I issued an Executive Order that directed all executive departments and agencies of the Federal Government to embark upon a revolution to change the way they do business and establish and implement customer service standards that match or exceed the best in the private sector. And it is why our policies continue to emphasize the paramount importance of service excellence to the success of our Nation, our economy, and our efforts to compete in the global marketplace. The goal of service excellence is not easy to attain. Consumers must demand it, and everyone in an organization, be it a business or a government agency, must be committed to it, both in everyday interactions and in longer-term goals. Their ultimate success depends on it. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 20 through October 26, 1996, as National Consumers Week. I call upon government officials, industry leaders, and the people of the United States to recognize the vital relationship between our economy and our citizenry and to support the right of all Americans to excellence in products and services. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of October, in the year of our Lord nineteen hundred and ninety- six, and of the Independence of the United States of America the two hundred and twenty-first. œ– [FR Doc. 96–27429

Filed 10–22–96; 11:47 am] Billing code 3195–01–P i

Reader Aids Federal Register Vol. 61, No. 206 Wednesday, October 23, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

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 94...... 51349 Public Laws Update Services (numbers, dates, etc.) 523±6641 95...... 51349 For additional information 523±5227 Proclamations: 96...... 51349 6922...... 51205 Presidential Documents 97...... 51349 6923...... 51347 98...... 51349 Executive orders and proclamations 523±5227 6924...... 51767 271 ...... 53595, 54270, 54282 The United States Government Manual 523±5227 6925...... 52233 272 ...... 53595, 54270, 54282, Other Services 6926...... 52675 54290, 54298, 54303 6927...... 52677 Electronic and on-line services (voice) 523±4534 273 ...... 54270, 54282, 54290, 6928...... 53289 54298, 54303 Privacy Act Compilation 523±3187 6929...... 53291 274...... 53595 523±5229 TDD for the hearing impaired 6930...... 53293 275...... 54282 6931...... 53295 278...... 53595, 54303 ELECTRONIC BULLETIN BOARD 6932...... 53297 279...... 54303 6933...... 53301 301...... 52190, 53601 Free Electronic Bulletin Board service for Public Law numbers, 6934...... 53591 319...... 51208 Federal Register finding aids, and list of documents on public 6935...... 53593 354...... 53603 inspection. 202±275±0920 6936...... 53825 502...... 51210 FAX-ON-DEMAND 6937...... 54069 920...... 51575 6938...... 54071 927...... 52681 You may access our Fax-On-Demand service. You only need a fax 6939...... 54073 929...... 51353 machine and there is no charge for the service except for long 6940...... 54075 931...... 52681 distance telephone charges the user may incur. The list of 6941...... 54077 945...... 51354 documents on public inspection and the daily Federal Register’s 6942...... 54719 950...... 53606 table of contents are available using this service. The document 6943...... 54925 958...... 52682 numbers are 7050-Public Inspection list and 7051-Table of 6944...... 54927 981...... 53607 Contents list. The public inspection list will be updated 6945...... 55077 989...... 52684 immediately for documents filed on an emergency basis. Executive Orders: 993...... 51356 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON July 6, 1910 (Revoked 1485...... 53303 FILE AND NOT THE ACTUAL DOCUMENT. Documents on in part by PLO 3010...... 53608 public inspection may be viewed and copied in our office located 7219) ...... 53752 Proposed Rules: at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 12924 (See EO Ch. VI...... 52664 telephone number is: 301±713±6905 13020) ...... 54079 Ch. VII...... 52664 12978 (See Notice of 201...... 51791 FEDERAL REGISTER PAGES AND DATES, OCTOBER October 16, 1996)...... 54531 301...... 51376 12981 (Amended by 361...... 51791 51205±51348...... 1 EO 13020)...... 54079 407...... 52717 51349±51574...... 2 13019...... 51763 997...... 51811 51575±51766...... 3 13021...... 54929 998...... 51811 51767±52232...... 4 Administrative Orders: 999...... 51811 1214...... 51378, 51391 52233±52678...... 7 Presidential Determinations: No. 96±54 of 1466...... 53574 52679±52870...... 8 September 28, 8 CFR 52871±53034...... 9 1996 ...... 52679 53035±53302...... 10 Notice of October 16, 103...... 53303, 53830 53303±53590...... 11 1996 ...... 54531 235...... 53830 53591±53824...... 15 274...... 52235 53825±54076...... 16 5 CFR 286...... 53830 54077±54330...... 17 Ch. XIV ...... 51207 292...... 53609 54331±54532...... 18 Ch. LVIII...... 53827 299...... 53830 54533±54726...... 21 550 ...... 51319, 52497, 53490 Proposed Rules: 312...... 51250 54727±54926...... 22 7 CFR 54927±55078...... 23 Ch. VI...... 52671 9 CFR Ch. VII...... 52671 92...... 52236 6...... 53002 94...... 51769 12...... 53490 102...... 52871 35...... 54081 104...... 52871 51...... 54082 105...... 52871 90...... 51349 113...... 51769 91...... 51349 116...... 52871 92...... 51349 205...... 54727 93...... 51349 304...... 53305 ii Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Reader Aids

308...... 53305 51847, 52394, 53155, 53337, 56...... 51498 585...... 53341 310...... 53305 53339, 53683, 54359, 54362, 73...... 51584 882...... 53341 320...... 53305 54364, 54366, 54368, 54370, 177...... 51364, 538520 885...... 53341 327...... 53305 54372, 54582, 54955, 54958, 178...... 51587 886...... 53341 381...... 53305 54960, 54961, 54963, 54965, 312...... 51498 889...... 53341 416...... 53305 54967, 54969 314...... 51498 890...... 53341 417...... 53305 71 ...... 51319, 52397, 52398, 355...... 52285 906...... 53341 Proposed Rules: 52689, 52734, 53157, 53876, 520...... 52690, 53614 941...... 53341 91...... 52387 53877, 53878, 53879, 53880, 522 ...... 53320, 54332, 54333 950...... 53341 53881, 53882, 54108, 54585, 556...... 53320 968...... 53341 10 CFR 54586, 54587 558...... 51588, 53615 970...... 53341 2...... 53554 91...... 54716 601...... 51498 983...... 53341 13...... 53554 93...... 54716 808...... 52602 121...... 54716 812...... 51498, 52602 25 CFR Proposed Rules: 814...... 51498 20...... 52388 135...... 54716 309...... 54551 820...... 52602 30...... 51835 15 CFR 1309...... 52287 26 CFR 32...... 51835, 52388 1310...... 52287 35...... 52388 Ch. VII...... 51395 1...... 53058 1313...... 52287 36...... 52388 400...... 53505 301...... 53058 39...... 52388 734...... 54540 Proposed Rules: 602...... 53058 40...... 51835 740...... 54540 25...... 54746 Proposed Rules: 50...... 51835 742...... 54540 310...... 53685 1 ...... 51256, 52902, 53161, 330...... 51625 52...... 51835 752...... 54540 53688 352...... 53340 60...... 51835 771A ...... 54540 301...... 53161 774...... 54540 61...... 51835 22 CFR 70...... 51835 776A ...... 54540 27 CFR 41...... 53058 71...... 51835 799A ...... 54540 16...... 54935 228...... 53615, 54849 72...... 51835 902...... 51213 Proposed Rules: 603...... 51593 110...... 51835 904...... 54729 55...... 53688 150...... 51835 922...... 57577 Proposed Rules: 270...... 54084 946...... 53307 171...... 53158 275...... 54084 11 CFR Proposed Rules: 605...... 53185 285...... 54084 Proposed Rules: 801...... 54109 23 CFR 295...... 54084 104...... 52901 16 CFR Proposed Rules: 28 CFR 655...... 54111 12 CFR 1...... 54548 2...... 54096 658...... 54588 2...... 51777 24...... 51577 91...... 54333 213...... 52246 260...... 53304 24 CFR Proposed Rules: 305...... 54548 245...... 52875 1...... 52216 16...... 54112 264...... 53827 306...... 54548 460...... 54548 2...... 52216 29 CFR 31...... 54533 5...... 54492 327...... 53834 1020...... 52877 270...... 51596 1500...... 54549 8...... 52216 622...... 54728 42...... 51756 4044...... 53623 935...... 52686 91...... 51756, 54914 17 CFR 30 CFR Proposed Rules: 92...... 51756 4...... 54731 327...... 53867 103...... 52216 934...... 52691 210...... 54509 620...... 53331 104...... 52216 Proposed Rules: 228...... 54506, 54509 630...... 53331 146...... 52216 202...... 52735 229...... 54506 935...... 52727 180...... 52216 206...... 52735 232...... 52283 200...... 54267, 54492 756...... 53884 239...... 54509 13 CFR 236...... 54492 913...... 51631 240...... 52996 121...... 54538 252...... 51319 935...... 54373, 54375 249...... 54506, 54509 570...... 51756, 54914 420...... 52498, 53996 14 CFR 576...... 51546 31 CFR Ch. I ...... 53610 Proposed Rules: 585...... 52186 353...... 53822 13...... 53998 230...... 54518 813...... 54492 356...... 54908 16...... 53998 240...... 54518 913...... 54492 370...... 54908 39 ...... 51212, 51357, 52688, 18 CFR 950...... 54492 500...... 54936 52876, 53035, 53038, 53040, 960...... 54492 515...... 54936 53042, 53044, 53046, 53611, 303...... 54849 3500...... 51782 535...... 54936 53613, 54331, 54538, 19 CFR Proposed Rules: 550...... 54936 71 ...... 51360, 51361, 51362, 42...... 53341 560...... 54936 52281, 52282, 52283, 53050, 101...... 51363 92...... 53341 575...... 54936 53841, 53842, 53843, 53844, 111...... 54551 215...... 53341 585...... 54936 53845, 53847, 53848, 53849, Proposed Rules: 219...... 53341 590...... 54936 53850, 53850, 53996, 54933 10...... 51849 221...... 53341 595...... 54936 73 ...... 53051, 53052, 53852 236...... 53341 Ch. V...... 54334 20 CFR 91...... 51782, 54020 290...... 53341 Proposed Rules: 97 ...... 53053, 53054, 53056 368...... 54732 511...... 53341 356...... 51851 440...... 51395 Proposed Rules: 570...... 51556, 53341 Proposed Rules: 355...... 54745 572...... 53276 32 CFR Ch. I ...... 51845 356...... 54745 574...... 53341 90...... 54097 25...... 53680 576...... 53341 91...... 54097 39 ...... 51250, 51255, 51618, 21 CFR 582...... 53341 174...... 54097 51619, 51621, 51624, 51845, 50...... 51498 583...... 53341 175...... 54097 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Reader Aids iii

706...... 52879 1191...... 51397 Proposed Rules: 65...... 54563 1600...... 54120 67...... 54573 33 CFR 37 CFR 1820...... 54120 Proposed Rules: 100...... 52695, 53321 Proposed Rules: 1840...... 54120 67...... 54593 120...... 51597 1...... 518355 1850...... 54120 128...... 51597 1860...... 54120 45 CFR 401...... 54733 38 CFR 1880...... 54120 6...... 54743 Proposed Rules: 4...... 52695 2090...... 54120 8...... 54743 100...... 53422, 53344 2200...... 54120 46...... 51531 39 CFR 165...... 53345, 53346 2300...... 54120 79...... 52299 111...... 52702, 53321 2360...... 54977 1386...... 51751 34 CFR Proposed Rules: 2450...... 54120 614...... 51783 111...... 53280 2520...... 54120 46 CFR 617...... 51783 2530...... 53887 61...... 52497 619...... 51783 40 CFR 2540...... 54120 108...... 51789 641...... 51783 9 ...... 51365, 52287, 53854, 2560...... 54120 110...... 51789 Proposed Rules: 54030 2620...... 54120 111...... 51789 222...... 52564 50...... 52852 2640...... 54120 112...... 51789 350...... 53560 51...... 52848 2650...... 54120 113...... 51789 351...... 53560 52 ...... 51214, 51366, 51598, 2720...... 54120 161...... 51789 352...... 53560 51599, 51784, 52297, 52865, 2760...... 51666 190...... 52497 353...... 53560 52882, 53066, 53328, 53624, 2800...... 54120 197...... 52497 355...... 53560 53628, 53633, 53636, 53639, 2810...... 54120 295...... 58861 357...... 53560 54556, 54560, 54734, 54736, 2880...... 54120 501...... 51230 360...... 53560 54737, 54941, 54943, 54946, 2910...... 54120 502...... 51230 400...... 54024 54948 2920...... 54120 506...... 52704 401...... 54024 60...... 52865 3000...... 54120 514...... 51230 402...... 54024 63...... 54342 3100...... 54120 583...... 51230 403...... 54024 70...... 51368, 51370 3120...... 54120 406...... 54024 80...... 53854 3150...... 54120 47 CFR 410...... 54024 81 ...... 53328, 53639, 54560 3160...... 54120 1...... 52887 411...... 54024 82...... 54030 3180...... 54120 2...... 52301 412...... 54024 86...... 51365, 54852 3200...... 52736, 54120 11...... 54952 413...... 54024 89...... 52088 3210...... 52736 20...... 51233 415...... 54024 90...... 52088 3220...... 52736 22...... 54098 421...... 54024 91...... 52088 3240...... 52736, 54120 24...... 51233 425...... 54024 132...... 54748 3250...... 52736, 54120 25...... 52301 426...... 54024 180...... 51372 3260...... 52736, 54120 51...... 52706, 54099 427...... 54024 271...... 52884, 54950 3280...... 54120 64...... 52307, 54344 428...... 54024 300 ...... 51373, 52886, 52887, 3410...... 54120 68 ...... 52307, 54344, 54953 429...... 54024 53328, 54098, 54343 3420...... 54120 73 ...... 51789, 52899, 52900, 460...... 54024 721...... 52287 3430...... 54120 53643, 53644, 54104 461...... 54024 763...... 52703 3450...... 54120 90...... 52301, 54098 464...... 54024 Proposed Rules: 3470...... 54120 Proposed Rules: 472...... 54024 52 ...... 51257, 51397, 51631, 3480...... 54120 Ch. I ...... 53694 477...... 54024 51638, 51651, 51659, 51877, 3500...... 54120, 54384 1...... 54600 489...... 54024 52401, 52864, 52902, 53163, 3510...... 54120, 54384 64...... 54979 490...... 54024 53166, 53174, 53180, 53692, 3520...... 54120, 54384 73 ...... 53698, 54142, 54404, 491...... 54024 53693, 53694, 54747, 54972, 3530...... 54120, 54384 54405, 54600 607...... 52399 54975, 54976 3540...... 54120, 54384 90...... 51877, 54980 608...... 52399 59...... 52735 3550...... 54120, 54384 97...... 52767 609...... 52399 60...... 52864, 54377 3560...... 54384 48 CFR 628...... 52399 64...... 53886 3570...... 54384 636...... 52399 70...... 53886 3590...... 54120, Ch. 2 ...... 54346 637...... 52399 71...... 53886 3710...... 54120 219...... 54346 645...... 52399 80...... 53886 3730...... 54120 401...... 53645 647...... 52399 81...... 53694 3740...... 51667, 54120 402...... 53645 649...... 52399 132...... 54748 3800...... 54120 403...... 53645 650...... 52399 140...... 54014 3810...... 51667, 54120 404...... 53645 655...... 52399 228...... 54112 3820...... 51667 405...... 53645 658...... 52399 261...... 51397 3830...... 54120 406...... 53645 660...... 52399 271...... 51397 3870...... 54120 407...... 53645 661...... 52399 281...... 51875 4200...... 54120 408...... 53645 669...... 52399 302...... 51397 4300...... 54120 409...... 53645 372 ...... 51322, 51330, 54381 4700...... 54120 410...... 53645 35 CFR 799...... 54383 5000...... 54120 411...... 53645 Proposed Rules: 5470...... 54120 412...... 53645 133...... 53886 42 CFR 5510...... 54120 413...... 53645 135...... 53886 57...... 51787 8370...... 54120 414...... 53645 412...... 51217 9180...... 54120 415...... 53645 36 CFR 413...... 51217, 51611 9230...... 54120 416...... 53645 13...... 54334 489...... 51217 417...... 53645 Proposed Rules: 1003...... 52299 44 CFR 418...... 53645 61...... 51536 62...... 51217 419...... 53645 223...... 54589 43 CFR 64 ...... 51226, 51228, 54565, 420...... 53645 1190...... 51397 5470...... 53860 54567 421...... 53645 iv Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Reader Aids

422...... 53645 733...... 51234 49...... 52232 362...... 54601 423...... 53645 737...... 51234 51...... 52844 363...... 54601 424...... 53645 752...... 51234 52 ...... 52232, 52998, 52999 364...... 54601 425...... 53645 837...... 52709 53...... 52232, 52998 369...... 54711 426...... 53645 852...... 52709 917...... 53185, 53699 372...... 54712 427...... 53645 1212...... 53677, 54490 950...... 53185, 53699 383...... 52401 428...... 53645 1815...... 52325 952...... 53185, 53699 391...... 52401 429...... 53645 1816...... 52325 970...... 53185, 53699 393...... 54142 430...... 53645 1852...... 52325 571...... 51669, 54981 431...... 53645 1870...... 52325 49 CFR 575...... 52769 432...... 53645 6101...... 52347 Ch. III ...... 54706 1313...... 54144 433...... 53645 6102...... 52347 Ch. X...... 54706 434...... 53645 Proposed Rules: 106...... 51334 435...... 53645 1...... 52232, 52998 107...... 51334 50 CFR 436...... 53645 2...... 52998 171...... 51235, 51334 SubCh. D ...... 53329 437...... 53645 3...... 52232 172 ...... 51236, 51238, 51334 17 ...... 53070, 53089, 53108, 438...... 53645 4...... 52232 173 ...... 51238, 51241, 51334, 53124, 53130, 53137, 54044, 439...... 53645 6...... 52232, 52999 51495 54346 440...... 53645 8...... 52232, 52844 174...... 51334 216...... 51213 441...... 53645 9...... 52232 175...... 51334 217...... 52370 442...... 53645 12...... 52232, 52999 176...... 51334 285...... 53677 443...... 53645 13...... 52844 177...... 51334 622...... 52715 444...... 53645 14...... 52232, 52998 178...... 51334 648 ...... 52384, 52715, 53866, 445...... 53645 15...... 52998, 52999 179...... 51334 54105, 54578, 54579 446...... 53645 16...... 52232 180...... 51334 679 ...... 51374, 51789, 52385, 447...... 53645 19...... 52232 397...... 54744 52716, 53153, 53154, 53679, 448...... 53645 22...... 52232 593...... 51334 54580, 54953 449...... 53645 23...... 52232 1011...... 52710 Proposed Rules: 450...... 53645 25...... 52232 1070...... 54104 17 ...... 51878, 52402, 53186 451...... 53645 27...... 52232 1071...... 54104 23...... 52403 452...... 53645 29...... 52232 1104...... 52710 217...... 52404 453...... 53645 31...... 52232, 52998 1111...... 52710, 53996 222...... 52404 501...... 51373 32...... 52232 1112...... 52710 227...... 53893 702...... 51234 36...... 52232, 52998 1113...... 52710 229...... 52769 706...... 51234 37...... 52232 1114...... 52710 424...... 51398 715...... 51234 38...... 52844 1115...... 52710 648...... 52903, 54406 716...... 51234 42...... 52232 1121...... 52710 649...... 52903 722 ...... 51234, 52497, 53996 45...... 52232 Proposed Rules: 660...... 51670 726...... 51234 47...... 52232 361...... 54601 679...... 54145 Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Reader Aids v

REMINDERS investments; published 9-23- Foreign policy-based Montana; comments due by The items in this list were 96 controls; review of effects; 10-30-96; published 9-30- editorially compiled as an aid comments due by 11-1- 96 to Federal Register users. COMMENTS DUE NEXT 96; published 10-2-96 New York; comments due Inclusion or exclusion from WEEK COMMERCE DEPARTMENT by 10-31-96; published this list has no legal National Oceanic and 10-1-96 significance. Air quality implementation AGRICULTURE Atmospheric Administration plans; √A√approval and DEPARTMENT Fishery conservation and management: promulgation; various RULES GOING INTO Agricultural Marketing States; air quality planning Alaska; fisheries of Service purposes; designation of EFFECT TODAY Exclusive Economic Zone- Apples and pears shipped to areas: Pacific ports of Russia; - ENERGY DEPARTMENT Washington; comments due grade requirements Yellowfin sole; comments Federal Energy Regulatory by 10-28-96; published 9- relaxation; comments due due by 10-31-96; 26-96 Commission published 10-21-96 by 10-28-96; published 9- Hazardous waste: Practice and procedure: 26-96 Bering Sea and Aleutian Municipal solid waste landfill Electronic filing of FERC Islands groundfish; Kiwifruit research, promotion, facilities and hazardous Form No. 1; changes in comments due by 10-28- and consumer information waste treatment, storage, instructions; published 9- 96; published 9-12-96 order; comments due by 11- and disposal facilities; 23-96 1-96; published 10-2-96 Northeastern United States corporate owners and ENVIRONMENTAL Popcorn promotion, research, fisheries operators-- PROTECTION AGENCY and consumer information Atlantic sea scallop; Financial assurance Air quality implementation order; comments due by 10- comments due by 11-1- mechanisms; comments plans; approval and 30-96; published 9-30-96 96; published 9-20-96 due by 10-28-96; promulgation; various AGRICULTURE COMMODITY FUTURES published 9-27-96 States: DEPARTMENT TRADING COMMISSION FEDERAL Tennessee; published 10- Commodity Credit Commodity pool operators and COMMUNICATIONS 23-96 Corporation commodity trading advisors: COMMISSION FARM CREDIT Conservation and Electronic media use; Common carrier services: ADMINISTRATION environmental programs: comments due by 10-28- Telecommunications Act of Farm credit system: Conservation Reserve 96; published 8-27-96 1996; implementation-- Civil money penalties; Programs (1986-1990 and DEFENSE DEPARTMENT Wireless services; 1991-2002); comments inflation adjustment; Federal Acquisition Regulation telecommunications due by 10-28-96; published 10-22-96 (FAR): equipment, customer published 8-27-96 FEDERAL Payment by electronic funds premise equipment, and COMMUNICATIONS AGRICULTURE transfer; comments due telecommunications COMMISSION DEPARTMENT by 10-28-96; published 8- services; access by people with disabilities; Common carrier services: Federal Crop Insurance 29-96 Corporation comments due by 10- Hearing aid compatible EDUCATION DEPARTMENT Crop insurance regulations: 28-96; published 9-26- wireless telephones in Postsecondary education: 96 Texas citrus tree crop; workplaces, confined Student assistance general comments due by 10-28- Radio stations; table of settings, etc.; published 8- provisions-- assignments: 14-96 96; published 8-29-96 Records maintenance and Minnesota; comments due AGRICULTURE Radio broadcasting: retention; three year by 10-28-96; published 9- DEPARTMENT Emergency Alert System time period; comments 16-96 Farm Service Agency (EAS) due by 10-28-96; Nevada; comments due by Correction; published 10- Agricultural conservation published 9-13-96 10-28-96; published 9-16- 23-96 programs: ENERGY DEPARTMENT 96 TRANSPORTATION Conservation reserve Acquisition regulations: Oklahoma; comments due DEPARTMENT programs (1986-1990 and by 10-28-96; published 9- 1991-2002); comments Non-statutorily imposed Federal Aviation 16-96 due by 10-28-96; contractor and offeror Administration Television broadcasting: published 8-27-96 certification requirements; Airworthiness directives: elimination; comments due Cable television systems-- AGRICULTURE by 10-28-96; published 8- Local market definition for Bombardier; published 9-18- DEPARTMENT 96 29-96 purposes of must-carry Rural Utilities Service Fokker; published 9-18-96 ENVIRONMENTAL rules; comments due by Telecommunications standards PROTECTION AGENCY 10-31-96; published 6- TREASURY DEPARTMENT and specifications: Air quality implementation 10-96 Alcohol, Tobacco and Materials, equipment, and plans; approval and FEDERAL RESERVE Firearms Bureau construction-- promulgation; various SYSTEM Federal claims collection: Telecommunications plant States: Bank holding companies and Alcoholic Beverage Labeling acceptance tests and Colorado; comments due by change in bank control Act; civil monetary measurements; 10-28-96; published 8-28- (Regulation Y): penalties; published 10- comments due by 10- 96 Miscellaneous amendments; 23-96 28-96; published 8-28- Kansas; comments due by comments due by 10-31- 96 TREASURY DEPARTMENT 11-1-96; published 10-2- 96; published 9-6-96 Comptroller of the Currency COMMERCE DEPARTMENT 96 GENERAL SERVICES Community development Export Administration Maryland; comments due by ADMINISTRATION corporations, projects, and Bureau 10-28-96; published 9-27- Federal Acquisition Regulation other public welfare Export licensing: 96 (FAR): vi Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / Reader Aids

Payment by electronic funds Abandoned mine land Massachusetts; comments Ammunition feeding devices transfer; comments due reclamation plan-- due by 10-31-96; with capacity of more by 10-28-96; published 8- Navajo Nation, AZ and published 4-30-96 than 10 rounds; 29-96 NM; comments due by Federal regulatory review: importation; cross HEALTH AND HUMAN 10-30-96; published 9- Lifesaving equipment; reference; comments due SERVICES DEPARTMENT 30-96 comments due by 10-31- by 10-28-96; published 7- 29-96 Food and Drug LEGAL SERVICES 96; published 8-26-96 CORPORATION Administration Regattas and marine parades: TREASURY DEPARTMENT Aliens; legal assistance Food additives: restrictions; comments due Charleston Christmas Fiscal Service Polymers-- by 10-28-96; published 8- Parade of Boats, SC; Marketable book-entry Methyl methacrylate/butyl 29-96 comments due by 10-28- acrylate-grafted 96; published 9-26-96 Treasury bills, notes, and Attorneys' fees; comments due bonds; sale and issue; polypropylene by 10-28-96; published 8- TRANSPORTATION copolymer; comments DEPARTMENT comments due by 10-28-96; 29-96 published 9-27-96 due by 11-1-96; Fee-generating cases; Federal Aviation published 10-2-96 comments due by 10-28-96; Administration TREASURY DEPARTMENT HOUSING AND URBAN published 8-29-96 Airworthiness directives: Privacy Act; implementation: DEVELOPMENT Fund recipients; application of Bell; comments due by 10- DEPARTMENT Federal law; comments due 29-96; published 8-30-96 Internal Revenue Service; by 10-28-96; published 8- comments due by 10-28- Public and Indian housing: Burkhart Grob, Luft- und 29-96 96; published 9-26-96 Optional earned income Raumfahrt; comments due Lobbying and certain other exclusions; comments due by 11-1-96; published 8- UNITED STATES by 10-29-96; published 8- activities; restrictions; 30-96 comments due by 10-28-96; INFORMATION AGENCY 30-96 HOAC Austria; comments published 8-29-96 Privacy Act; implementation; INTERIOR DEPARTMENT due by 10-28-96; Non-LSC funds use; client comments due by 10-30-96; published 8-22-96 Indian Affairs Bureau identity and statement of published 9-30-96 Energy and minerals: facts; comments due by 10- McDonell Douglas; Quapaw Indian lands; lead 28-96; published 8-29-96 comments due by 10-28- Priorities in use of resources; 96; published 9-17-96 and zinc mining operation LIST OF PUBLIC LAWS and leases; comments comments due by 10-28-96; McDonnell Douglas; due by 10-28-96; published 8-29-96 comments due by 10-30- published 8-27-96 Prisoner representation; 96; published 10-4-96 This is a list of public bills from the 104th Congress INTERIOR DEPARTMENT comments due by 10-28-96; Robinson Helicopter Co.; published 8-29-96 comments due by 10-29- which have become Federal Land Management Bureau Solicitation restriction; 96; published 8-30-96 laws. It may be used in Minerals management: comments due by 10-28-96; Airworthiness standards: conjunction with ``P L U S'' (Public Laws Update Service) Oil and gas leasing-- published 8-29-96 Special conditions-- Subgrants, fees, and dues: on 202±523±6641. The text of Stripper oil properties; Lockheed Martin Prohibition of use of funds laws is not published in the royalty rate reduction; Aerospace Corp. model to pay membership dues Federal Register but may be comments due by 10- L382J airplane; to private or nonprofit ordered in individual pamphlet 29-96; published 8-30- comments due by 11-1- 96 organization; comments form (referred to as ``slip 96; published 9-17-96 laws'') from the INTERIOR DEPARTMENT due by 10-28-96; published 8-29-96 Class E airspace; comments Superintendent of Documents, Fish and Wildlife Service Welfare reform; comments due due by 10-31-96; published U.S. Government Printing Endangered Species by 10-28-96; published 8- 9-17-96 Office, Washington, DC 20402 Convention: 29-96 TRANSPORTATION (phone, 202±512±2470). River otters taken in NATIONAL AERONAUTICS DEPARTMENT S. 1505/P.L. 104±304 Missouri; export; AND SPACE National Highway Traffic comments due by 10-28- ADMINISTRATION Safety Administration Accountable Pipeline Safety and Partnership Act of 1996 96; published 10-7-96 Federal Acquisition Regulation Agency information collection (Oct. 12, 1996; 110 Stat. INTERIOR DEPARTMENT (FAR): activities: 3793) Minerals Management Payment by electronic funds Proposed collection; Service transfer; comments due comment request; H.R. 4137/P.L. 104±305 Royalty management: by 10-28-96; published 8- correction; comments due 29-96 Drug-Induced Rape Prevention Gas produced from Federal by 10-28-96; published SECURITIES AND and Punishment Act of 1996 and Indian leases; gas 10-8-96 EXCHANGE COMMISSION (Oct. 13, 1996; 110 Stat. royalties and deductions Motor vehicle safety 3807) for gas transportation Securities: standards: calculations; comments Lost securityholders; transfer Occupant crash protection-- H.R. 4083/P.L. 104±306 agent requirements; due by 10-30-96; Standard requirement that To extend certain programs published 9-17-96 comments due by 10-28- 96; published 8-28-96 test dummy remain in under the Energy Policy and Royalty relief for deep water vehicle during crash Securities Exchange Act of Conservation Act through producing leases and test; comments due by 1934; section 10A September 30, 1997. (Oct. 14, existing leases; comments 10-29-96; published 8- reporting requirements; 1996; 110 Stat. 3810) due by 10-30-96; 30-96 comments due by 10-28- published 9-17-96 S. 2078/P.L. 104±307 96; published 8-29-96 TREASURY DEPARTMENT INTERIOR DEPARTMENT TRANSPORTATION Alcohol, Tobacco and Wildfire Suppression Aircraft Surface Mining Reclamation DEPARTMENT Firearms Bureau Transfer Act of 1996 (Oct. 14, 1996; 110 Stat. 3811) and Enforcement Office Coast Guard Commerce in firearms and Indian lands program: Drawbridge operations: ammunition: Last List October 17, 1996