Pages 64511±64676 Vol. 62 12±8±97 eDt 2DC9 92 e 5 97Jt009 O000Fm001Ft41 ft48 :F\MA8E.X 08dews E:\FR\FM\A08DEW.XXX Sfmt4789 Fmt4710 Frm00001 PO00000 Jkt010199 19:20Dec05, 1997 VerDate 02-DEC-97 No. 235 federal register December 8,1997 Monday Office (GPO). Access Regulations (CFR) Free, easy,onlineaccesstoselected The released concurrently. that theonlineandprintedversionsof until acompletesetisavailable.GPOtakingstepsso incrementally throughoutcalendaryears1996and1997 GPO Access services andaccessmethods,seepageIIorcontactthe For additionalinformationon http://www.access.gpo.gov/nara/cfr service astheybecomeavailable. New titlesand/orvolumeswillbeaddedtothisonline Committee oftheFederalRegister. official onlineeditionsauthorizedbytheAdministrative announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,seethe Briefings onhowtousetheFederalRegister ★ ★ CFR Code ofFederalRegulations , aserviceoftheUnitedStatesGovernmentPrinting Email: [email protected] Phone: toll-free:1-888-293-6498 and User SupportTeamvia: Federal Register CFR Now AvailableOnline GPO Access volumes isnowavailablevia (Selected Volumes) titles willbeaddedto via GPO Access on GPO Access Code ofFederal CFR GPO Access products, , arethe will be GPO 1 II Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997

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Contents Federal Register Vol. 62, No. 235

Monday, December 8, 1997

Agency for International Development Energy Department NOTICES See Energy Efficiency and Renewable Energy Office Title II development program proposals: See Federal Energy Regulatory Commission Final draft guidelines (1999 FY) and annual results report See Hearings and Appeals Office, Energy Department (1997 FY); availability, 64598 Energy Efficiency and Renewable Energy Office Agriculture Department NOTICES See Food and Consumer Service Consumer products; energy conservation program: See Rural Utilities Service Representative average unit costs of energy sources— NOTICES Electricity, natural gas, heating oil, propane, and Agency information collection activities: kerosene, 64574–64575 Submission for OMB review; comment request, 64555– 64556 Environmental Protection Agency RULES Air Force Department Air quality implementation plans; approval and NOTICES promulgation; various States: Environmental statements; availability, etc.: Missouri; correction, 64522 Nellis Air Force Range, NV, 64573 Hazardous waste: Treatment, storage, and disposal facilities and hazardous Alcohol, Tobacco and Firearms Bureau waste generators— NOTICES Tanks, surface impoundments, and containers; organic Agency information collection activities: air emission standards; clarification, 64636–64671 Proposed collection; comment request, 64628–64631 PROPOSED RULES Air quality implementation plans: Children and Families Administration Preparation, adoption, and submittal— NOTICES Test method 207; measurement of isocyanate emissions Agency information collection activities: from stationary sources, 64532–64542 Submission for OMB review; comment request, 64591– Air quality implementation plans; approval and 64592 promulgation; various States: Organization, functions, and authority delegations: California, 64543–64544 Children, Youth and Families Administration, 64592– NOTICES 64593 Solid wastes: Monitored natural attenuation use for remediation of Commerce Department contaminated soil and groundwater at various sites; See International Trade Administration policy clarification, 64588–64589 See National Oceanic and Atmospheric Administration Executive Office of the President Consumer Product Safety Commission See Trade Representative, Office of United States NOTICES Meetings; Sunshine Act, 64573 Federal Aviation Administration RULES Defense Department Airworthiness directives: See Air Force Department Allison Engine Co., 64517–64519 Bombardier, 64519–64521 Drug Enforcement Administration General Electric Co., 64513–64514 PROPOSED RULES Pratt & Whitney, 64514–64517 Schedules of controlled substances: Robinson Helicopter Co., 64511–64513 Sibutramine; placement into Schedule IV, 64526–64527 VOR Federal airways, 64521 PROPOSED RULES Education Department Airworthiness directives: NOTICES Pratt & Whitney, 64523–64525 Meetings: Class E airspace, 64525–64526 Historically Black Colleges and Universities Capital NOTICES Financing Advisory Board, 64573–64574 Aviation Rulemaking Advisory Committee; task President’s Board of Advisors on Historically Black assignments, 64621–64623 Colleges and Universities, 64574 Exemption petitions; summary and disposition; correction, Postsecondary education: 64634 Federal Perkins loan, Federal work-study, and Federal supplemental educational opportunity grant Federal Energy Regulatory Commission programs— NOTICES Fiscal operations report and application; filing closing Environmental statements; availability, etc.: date, 64674–64675 Southern California Edison Co., 64584

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Applications, hearings, determinations, etc.: NOTICES Algonquin Gas Transmission Co., 64575–64576 Meetings: ANR Pipeline Co., 64576 Mammography quality, States as certifiers demonstration Columbia Gas Transmission Corp., 64576–64577 project, informational conference; and States El Paso Natural Gas Co., 64577–64578 participation application package availability, 64593 Entergy Arkansas, Inc., 64578 Reporting and recordkeeping requirements, 64593–64594 Koch Gateway Pipeline Co., 64578 Mojave Pipeline Co., 64578–64579 Foreign Claims Settlement Commission NorAm Gas Transmission Co., 64579 NOTICES Pacific Gas Transmission Co., 64579 Meetings; Sunshine Act, 64598 Paiute Pipeline Co., 64579–64583 Panhandle Eastern Pipe Line Co., 64580 Geological Survey Sea Robin Pipeline Co., 64580–64581 NOTICES Southeastern Natural Gas Co., 64581 World Energy Project; contribution acceptance from Amoco Southern Natural Gas Co., 64581–64583 Overseas Exploration Co., 64596 Transcontinental Gas Pipe Line Corp., 64583 USGen Power Services, L.P., 64583 Health and Human Services Department Wyoming Interstate Co., Ltd., 64583 See Children and Families Administration See Food and Drug Administration Federal Reserve System NOTICES Hearings and Appeals Office, Energy Department Banks and bank holding companies: NOTICES Change in bank control, 64589 Decisions and orders, 64584–64588 Formations, acquisitions, and mergers, 64589–64590 Permissible nonbanking activities, 64590 Hearings and Appeals Office, Interior Department PROPOSED RULES Federal Trade Commission Hearings and appeals procedures: NOTICES Stay of decisions, 64544–64545 Prohibited trade practices: Dow Chemical Co., 64590–64591 Housing and Urban Development Department RULES Financial Management Service Community development block grants: See Fiscal Service New York small cities program Correction, 64634 Fiscal Service Low income housing: PROPOSED RULES Housing assistance payments (Section 8)— Marketable book-entry Treasury bills, notes, and bonds; sale Fair market rent schedules for rental certificate, loan and issue; uniform offering circular: management, property disposition, moderate Fungible stripped interest components for Treasury rehabilitation, and rental voucher programs; inflation-indexed securities, 64528–64532 NOTICES correction, 64521–64522 NOTICES Surety companies acceptable on Federal bonds: Grants and cooperative agreements; availability, etc.: Executive Risk Indemnity Inc., 64631–64632 Fair housing initiatives program, 64594–64595 Fish and Wildlife Service NOTICES Interior Department Environmental statements; notice of intent: See Fish and Wildlife Service National Bison Range Complex, MT; comprehensive See Geological Survey conservation plan, 64595–64596 See Hearings and Appeals Office, Interior Department See Land Management Bureau Food and Consumer Service RULES Internal Revenue Service Commodity supplemental food program: NOTICES Caseload assignment, 64511 Agency information collection activities: NOTICES Proposed collection; comment request, 64632–64633 Food stamp program: Alaska, Hawaii, Guam and Virgin Islands; maximum International Development Cooperation Agency allotments, 64556–64557 See Agency for International Development Maximum allotments and income eligibility standards and deductions, 64557–64558 International Trade Administration NOTICES Food and Drug Administration Antidumping: RULES Circular welded non-alloy steel pipe and tube from— Food for human consumption: Mexico, 64564–64568 Food labeling— Circular welded non-alloy steel pipe from— Dietary supplements, nutrition and ingredient labeling; Korea, 64559–64564 compliance policy guide (vitamin products for Countervailing duties: human use—low potency), revocation; correction, Hot-rolled lead and bismuth carbon steel products from— 64634 United Kingdom, 64568–64572

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North American Free Trade Agreement (NAFTA); Office of United States Trade Representative binational panel reviews: See Trade Representative, Office of United States Steel wire rod from— Canada, 64572 President's Council on Integrity and Efficiency NOTICES Justice Department Senior Executive Service: See Drug Enforcement Administration Performance Review Board; membership, 64604–64606 See Foreign Claims Settlement Commission Public Debt Bureau Labor Department See Fiscal Service NOTICES Agency information collection activities: Public Health Service Submission for OMB review; comment request, 64598– See Food and Drug Administration 64599 Rural Utilities Service Land Management Bureau NOTICES NOTICES Environmental statements; availability, etc.: Committees; establishment, renewal, termination, etc.: Kodiak Electric Association, Inc., 64558–64559 Alaska Resource Advisory Council, 64596 Meetings: Securities and Exchange Commission Resource advisory councils— NOTICES Alaska, 64597 Meetings; Sunshine Act, 64611 Eastern Washington, 64597 Options price reporting authority, 64611–64612 John Day-Snake, 64597 Self-regulatory organizations; proposed rule changes: Realty actions; sales, leases, etc.: Depository Trust Co., 64612–64613 New Mexico, 64597–64598 New York Stock Exchange, Inc., 64613–64618 Applications, hearings, determinations, etc.: National Aeronautics and Space Administration Janus Investment Fund et al., 64606–64611 PROPOSED RULES Acquisition regulations: Trade Representative, Office of United States Contruction contracts, dismantling, demolishing, or NOTICES removing improvements; equitable adjustments, Meetings: 64545–64546 Industry Sector Advisory Committees— Small and minority business, 64618 National Archives and Records Administration Trade Policy Staff Committee: NOTICES World Trade Organization agreement on sanitary and Organization, functions, and authority delegations: phytosanitary measures application; triennial review; Microfilm Research Room at Archives I Building; comment request, 64618–64620 temporary closure, 64599 Transportation Department National Highway Traffic Safety Administration See Federal Aviation Administration PROPOSED RULES See National Highway Traffic Safety Administration Anthropomorphic test devices: NOTICES Side impact test dummies; dynamic crash test, 64546– Privacy Act: 64554 Systems of records, 64620–64621 NOTICES Motor vehicle safety standards: Nonconforming vehicles— Treasury Department Importation eligibility; determinations, 64623–64624 See Alcohol, Tobacco and Firearms Bureau See Fiscal Service National Oceanic and Atmospheric Administration See Internal Revenue Service NOTICES NOTICES Agency information collection activities: Permits: Submission for OMB review; comment request, 64625– Marine mammals, 64572–64573 64628 Organization, functions, and authority delegations: National Science Foundation Deputy Assistant Secretary (Human Resources), 64624– NOTICES 64625 Senior Executive Service: Performance Review Board, membership, 64599–64600

Nuclear Regulatory Commission Separate Parts In This Issue NOTICES Environmental statements; availability, etc.: Part II PECO Energy Co. et al., 64601–64602 Environmental Protection Agency, 64636–64671 Public Service Electric & Gas Co. et al., 64602–64603 Applications, hearings, determinations, etc.: Part III Public Service Electric & Gas Co. et al., 64600 Department of Education, 64674–64675

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Reader Aids Additional information, including a list of telephone numbers, finding aids, reminders, and a list of Public Laws appears in the Reader Aids section at the end of this issue.

Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law numbers, Federal Register finding aids, and a list of documents on public inspection is available on 202–275– 1538 or 275–0920.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 247...... 64511 14 CFR 39 (5 documents) ...... 64511, 64513, 64514, 64517, 64519, 64523 71...... 64521 Proposed Rules: 39...... 64523 71...... 64525 21 CFR 101...... 64634 Proposed Rules: 1308...... 64526 24 CFR 570...... 64634 888...... 64521 31 CFR Proposed Rules: 356...... 64526 40 CFR 52...... 64522 264...... 64636 265...... 64636 270...... 64636 Proposed Rules: 51...... 64532 52...... 64543 43 CFR Proposed Rules: 4...... 64544 48 CFR Proposed Rules: 1843...... 64545 1852...... 64545 49 CFR Proposed Rules: 572...... 64546

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Rules and Regulations Federal Register Vol. 62, No. 235

Monday, December 8, 1997

This section of the FEDERAL REGISTER to approval by the Office of DEPARTMENT OF TRANSPORTATION contains regulatory documents having general Management and Budget in accordance applicability and legal effect, most of which with the Paperwork Reduction Act of Federal Aviation Administration are keyed to and codified in the Code of 1995 (44 U.S.C. 3507). Federal Regulations, which is published under 14 CFR Part 39 50 titles pursuant to 44 U.S.C. 1510. Executive Order 12372 [Docket No. 97±SW±04±AD; Amendment The Code of Federal Regulations is sold by This program is listed in the Catalog 39±10228; AD 97±25±05] the Superintendent of Documents. Prices of of Federal Domestic Assistance RIN 2120±AA64 new books are listed in the first FEDERAL REGISTER issue of each week. Programs under No. 10.565 and is subject to the provisions of Executive Airworthiness Directives; Robinson Order 12372, which requires Helicopter Company Model R22 Helicopters DEPARTMENT OF AGRICULTURE intergovernmental consultation with State and local officials (7 CFR part AGENCY: Federal Aviation Food and Consumer Service1 3015, subpart V and final rule-related Administration, DOT. notices published at 48 FR 29114, June ACTION: Final rule. 7 CFR Part 247 24, 1983 and 49 FR 22676, May 31, SUMMARY: This amendment adopts a Commodity Supplemental Food 1984). new airworthiness directive (AD), ProgramÐCaseload Assignment Description applicable to Robinson Helicopter AGENCY: Food and Consumer Service, On October 23, 1997, the Department Company (Robinson) Model R22 helicopters with a Lycoming 0–360–J2A USDA. published a direct final rule which ACTION: Direct final rule; confirmation of engine installation. This AD requires amends regulatory requirements in part effective date. replacing the carburetor and carburetor 247 to assign participating State air temperature (CAT) gage with an SUMMARY: This action announces that no agencies a single caseload, instead of improved carburetor that does not adverse comments were received in separate women-infants-children, and require manual leaning of the fuel/air response to the direct final rule which elderly, caseloads in order to streamline mixture during flight, and a remarked amends the provisions of the and simplify program management at CAT gage; and revising the Rotorcraft Commodity Supplemental Food the State and local level, and provide Flight Manual to remove the reference Program regulations to provide for the State agencies with greater flexibility in to leaning the engine. This amendment allocation of a single caseload to State caseload management. The rule is prompted by a report from the Civil agencies each year, instead of the provided a 30-day comment period and Aviation Authority of Great Britain that allocation of two separate caseloads, one stipulated that unless the Department cautioned that the mixture control could for women, infants, and children, and received written adverse comments, or inadvertently be placed in the idle one for the elderly. This rule was written notice of intent to submit cutoff position during in-flight manual published in the Federal Register on adverse comments, the rule would leaning of the fuel/air mixture in the October 23, 1997 (62 FR 55142). become effective on December 8, 1997, carburetor of the Lycoming 0–360–J2A EFFECTIVE DATE: December 8, 1997. which is 45 days after publication in the engine. The actions specified by this AD FOR FURTHER INFORMATION CONTACT: Federal Register. Since no adverse are intended to prevent inadvertent Lillie F. Ragan, Assistant Branch Chief, comments were received, this notice placement of the mixture control to the Household Programs Branch , Food confirms the rule’s effective date as idle cutoff position during in-flight Distribution Division, Food and December 8, 1997. leaning of the engine, which could Consumer Service, U.S. Department of result in an engine shutdown and Agriculture, 3101 Park Center Drive, Dated: December 3, 1997. subsequent loss of control of the Alexandria, Virginia 22302–1594, or Yvette S. Jackson, helicopter. telephone (703) 305–2662. Acting Administrator, Food and Consumer DATES: Effective January 12, 1998. Service. SUPPLEMENTARY INFORMATION: The incorporation by reference of [FR Doc. 97–32060 Filed 12–8–97; 8:45 am] certain publications listed in the Regulatory Flexibility Act BILLING CODE 3410±30±U regulations is approved by the Director This action is not a rule as defined by of the Federal Register as of January 12, the Regulatory Flexibility Act (5 U.S.C. 1998. 601–612) and thus is exempt from the ADDRESSES: The service information provisions of that Act. referenced in this AD may be obtained Paperwork Reduction Act from Robinson Helicopter Company, 2901 Airport Drive, Torrance, California This notice does not contain reporting 90505, telephone (310) 539–0508; fax or recordkeeping requirements subject (310) 539–5198. This information may be examined at the FAA, Office of the 1 The agency name of the Food and Consumer Service was changed to the Food and Nutrition Regional Counsel, Southwest Region, Service by order of the Secretary of Agricluture on 2601 Meacham Blvd., Room 663, Fort November 25, 1997. Worth, Texas; or at the Office of the

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Federal Register, 800 North Capitol AD, that it will take approximately 5 Note 1: This AD applies to each helicopter Street, NW., suite 700, Washington, DC. work hours per helicopter to accomplish identified in the preceding applicability the required actions, and that the provision, regardless of whether it has been FOR FURTHER INFORMATION CONTACT: Ms. modified, altered, or repaired in the area Elizabeth Bumann, Aerospace Engineer, average labor rate is $60 per work hour. subject to the requirements of this AD. For FAA, Los Angeles Aircraft Certification Required parts will cost approximately helicopters that have been modified, altered, Office, 3960 Paramount Blvd., $3,641 per helicopter. Based on these or repaired so that the performance of the Lakewood, California 90712–4137, figures, the total cost impact of the AD requirements of this AD is affected, the telephone (562) 627–5265; fax (562) on U.S. operators is estimated to be owner/operator must use the authority 627–5210. $197,050. provided in paragraph (c) to request approval The regulations adopted herein will from the FAA. This approval may address SUPPLEMENTARY INFORMATION: A either no action, if the current configuration proposal to amend part 39 of the Federal not have substantial direct effects on the States, on the relationship between the eliminates the unsafe condition, or different Aviation Regulations (14 CFR part 39) to actions necessary to address the unsafe include an airworthiness directive (AD) national government and the States, or condition described in this AD. Such a that is applicable to Robinson on the distribution of power and request should include an assessment of the Helicopter Company (Robinson) Model responsibilities among the various effect of the changed configuration on the R22 helicopters with a Lycoming 0– levels of government. Therefore, in unsafe condition addressed by this AD. In no 360–J2A engine installation was accordance with Executive Order 12612, case does the presence of any modification, it is determined that this final rule does alteration, or repair remove any helicopter published in the Federal Register on from the applicability of this AD. May 19, 1997 (62 FR 27211). That action not have sufficient federalism implications to warrant the preparation Compliance: Required within 50 hours proposed to require replacing the time-in-service after the effective date of this carburetor and carburetor air of a Federalism Assessment. For the reasons discussed above, I AD, unless accomplished previously. temperature (CAT) gage with an To prevent inadvertent placement of the improved carburetor that does not certify that this action (1) is not a mixture control to the idle cutoff position require manual leaning of the fuel/air ‘‘significant regulatory action’’ under during in-flight leaning of the engine, which mixture during flight, and remarking the Executive Order 12866; (2) is not a could result in an engine shutdown and CAT gage; and inserting revision ‘‘significant rule’’ under DOT subsequent loss of control of the helicopter, procedures into the Rotorcraft Flight Regulatory Policies and Procedures (44 accomplish the following: FR 11034, February 26, 1979); and (3) (a) Remove the MA–4–5 carburetor and Manual that remove the reference to carburetor air temperature (CAT) gage, part leaning the engine. will not have a significant economic impact, positive or negative, on a number (P/N) C604–6, and replace them with Interested persons have been afforded an airworthy MA–4SPA carburetor and an opportunity to participate in the substantial number of small entities remarked CAT gage, P/N A604–2, in making of this amendment. Due under the criteria of the Regulatory accordance with Robinson Helicopter consideration has been given to the Flexibility Act. A final evaluation has Company R22 Service Bulletin SB–82, dated comment received. been prepared for this action and it is March 3, 1997, and Robinson Helicopter The commenter requests that ‘‘or contained in the Rules Docket. A copy Company KI–114 O–360 Engine Carburetor Change Kit instructions, Revision A, dated later’’ be inserted following the revision of it may be obtained from the Rules Docket at the location provided under March 6, 1997. and date of the kit instructions to allow (b) Upon completion of paragraph (a) of the caption ADDRESSES. for possible changes. The FAA does not this AD, insert the FAA-approved R22 Pilot’s concur with this request. The kit List of Subjects in 14 CFR Part 39 Operating Handbook Section 9, Supplements instructions contain information that is 7 (R22 Beta II) and 8 (R22 Mariner II), revised most generally contained in the body of Air transportation, Aircraft, Aviation February 6, 1997, into the R22 Rotorcraft a manufacturer’s service bulletin. safety, Incorporation by reference, Flight Manual. Subsequent revisions to these Safety. (c) An alternative method of compliance or adjustment of the compliance time that instructions will be evaluated by the Adoption of the Amendment provides an acceptable level of safety may be FAA and if a change is warranted, Accordingly, pursuant to the used if approved by the Manager, Los issuance of a subsequent AD is the authority delegated to me by the Angeles Aircraft Certification Office, FAA. proper procedure for making such a Administrator, the Federal Aviation Operators shall submit their requests through change. Additionally, the phrase ‘‘or a an FAA Principal Maintenance Inspector, Administration amends part 39 of the later FAA-approved revision’’ is who may concur or comment and then send Federal Aviation Regulations (14 CFR removed from paragraph (b) of the AD. it to the Manager, Los Angeles Aircraft part 39) as follows: As with the kit instructions, if the FAA Certification Office. Note 2: Information concerning the deems it necessary to require the PART 39ÐAIRWORTHINESS insertion into the Rotorcraft Flight existence of approved alternative methods of DIRECTIVES compliance with this AD, if any, may be Manual of revised procedures, issuance 1. The authority citation for part 39 obtained from the Los Angeles Aircraft of a subsequent AD is the proper Certification Office. continues to read as follows: procedure for making such a change. (d) Special flight permits may be issued in After careful review of the available Authority: 49 U.S.C. 106(g), 40113, 44701. accordance with sections 21.197 and 21.199 data, including the comment noted of the Federal Aviation Regulations (14 CFR above, the FAA has determined that air § 39.13 [Amended] 21.197 and 21.199) to operate the helicopter safety and the public interest require the 2. Section 39.13 is amended by to a location where the requirements of this adoption of the rule with the changes adding a new airworthiness directive to AD can be accomplished. described previously. The FAA has read as follows: (e) The modification shall be done in determined that these changes will accordance with Robinson Helicopter AD 97–25–05 Robinson Helicopter Company R22 Service Bulletin SB–82, dated neither increase the economic burden Company: Amendment 39–10228. March 3, 1997, and Robinson Helicopter on any operator nor increase the scope Docket No. 97–SW–04–AD. Company KI–114 O–360 Engine Carburetor of this AD. Applicability: Model R22 helicopters, Change Kit instructions, Revision A, dated The FAA estimates that 50 helicopters serial number (S/N) 2571 through 2664, March 6, 1997. This incorporation by of U.S. registry will be affected by this certificated in any category. reference was approved by the Director of the

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Federal Register in accordance with 5 U.S.C. approved by the Director of the Federal No. A72–147, dated May 22, 1997, that 552(a) and 1 CFR part 51. Copies may be Register as of January 2, 1998. describes procedures for removing obtained from Robinson Helicopter Comments for inclusion in the Rules affected turbine torque rings and Company, 2901 Airport Drive, Torrance, Docket must be received on or before compressor drive shafts from service, California 90505, telephone (310) 539–0508; February 6, 1998. and replacing with serviceable parts. fax (310) 539–5198. Copies may be inspected at the FAA, Office of the Regional Counsel, ADDRESSES: Submit comments in Since an unsafe condition has been Southwest Region, 2601 Meacham Blvd., triplicate to the Federal Aviation identified that is likely to exist or Room 663, Fort Worth, Texas; or at the Office Administration (FAA), New England develop on other engines of the same of the Federal Register, 800 North Capitol Region, Office of the Assistant Chief type design, this AD is being issued to Street, NW., suite 700, Washington, DC. Counsel, Attention: Rules Docket No. prevent an uncontained engine failure (f) This amendment becomes effective on 97–ANE–21–AD, 12 New England and damage to the aircraft. This AD January 12, 1998. Executive Park, Burlington, MA 01803– requires removing affected turbine Issued in Fort Worth, Texas, on November 5299. Comments may also be sent via torque rings and compressor drive shafts 25, 1997. the Internet using the following address: from service, and replacing with Eric Bries, ‘‘[email protected]’’. serviceable parts. The actions are Acting Manager, Rotorcraft Directorate, Comments sent via the Internet must required to be accomplished in Aircraft Certification Service. contain the docket number in the accordance with the SBs described [FR Doc. 97–31677 Filed 12–5–97; 8:45 am] subject line. previously. BILLING CODE 4910±13±U The service information referenced in Since a situation exists that requires this AD may be obtained from GE the immediate adoption of this Aircraft Engines, 1000 Western Ave., regulation, it is found that notice and DEPARTMENT OF TRANSPORTATION Lynn, MA 01910; telephone (781) 594– opportunity for prior public comment 3140, fax (781) 594–4805. This hereon are impracticable, and that good Federal Aviation Administration information may be examined at the cause exists for making this amendment effective in less than 30 days. 14 CFR Part 39 FAA, New England Region, Office of the Assistant Chief Counsel, 12 New Comments Invited [Docket No. 97±ANE±21±AD; Amendment England Executive Park, Burlington, Although this action is in the form of 39±10232; AD 97±25±08] MA; or at the Office of the Federal a final rule that involves requirements Register, 800 North Capitol Street, NW., RIN 2120±AA64 affecting flight safety and, thus, was not suite 700, Washington, DC. preceded by notice and an opportunity Airworthiness Directives; General FOR FURTHER INFORMATION CONTACT: for public comment, comments are Electric Company CJ610 Series Barbara Caufield, Aerospace Engineer, invited on this rule. Interested persons Turbojet and CF700 Series Turbofan Engine Certification Office, FAA, Engine are invited to comment on this rule by Engines and Propeller Directorate, 12 New submitting such written data, views, or England Executive Park, Burlington, MA arguments as they may desire. AGENCY: Federal Aviation 01803–5299; telephone (781) 238–7146, Communications should identify the Administration, DOT. fax (781) 238–7199. Rules Docket number and be submitted ACTION: Final rule; request for SUPPLEMENTARY INFORMATION: The in triplicate to the address specified comments. Federal Aviation Administration under the caption ADDRESSES. All received a report that certain turbine communications received on or before SUMMARY: This amendment adopts a torque rings and compressor drive shafts the closing date for comments will be new airworthiness directive (AD) that is installed on General Electric Company considered, and this rule may be applicable to General Electric Company (GE) CJ610 series turbojet and CF700 amended in light of the comments (GE) CJ610 series turbojet and CF700 series turbofan engines were forged with received. Factual information that series turbofan engines. This action a contaminated alloy that could reduce supports the commenter’s ideas and requires removal from service of the life of the part. The FAA has suggestions is extremely helpful in possibly defective turbine torque rings determined that certain heat lots of evaluating the effectiveness of the AD and compressor drive shafts which may A286 material were produced with iron- action and determining whether have been manufactured from rich inclusions during the vendor’s additional rulemaking action would be contaminated material; and replacement normal Vacuum Induction Melt (VIM) needed. with serviceable parts. This amendment process. The manufacturer discovered a Comments are specifically invited on is prompted by a report of a cooling cooling plate removed from a GE CT58 the overall regulatory, economic, plate removed from a GE CT58 series series turboprop engine had been environmental, and energy aspects of engine that was found to have an iron- manufactured from this heat lot and was the rule that might suggest a need to rich inclusion that came from a found with an inclusion. This heat lot modify the rule. All comments contaminated heat lot. Parts on GE was also used to manufacture turbine submitted will be available, both before CJ610 series and CF700 series engines torque rings and compressor drive shafts and after the closing date for comments, which were manufactured from the on GE CJ610 series turbojet and CF700 in the Rules Docket for examination by same and similar heat lots may also be series turbofan engines. This condition, interested persons. A report that contaminated. The actions specified in if not corrected, could result in turbine summarizes each FAA-public contact this AD are intended to prevent turbine torque ring or compressor drive shaft concerned with the substance of this AD torque ring or compressor drive shaft failure due to a manufacturing defect, will be filed in the Rules Docket. failure due to a manufacturing defect, which could result in an uncontained Commenters wishing the FAA to which could result in an uncontained engine failure. acknowledge receipt of their comments engine failure. The FAA has reviewed and approved submitted in response to this notice DATES: Effective January 2, 1998. The the technical contents of GE CF700 must submit a self-addressed, stamped incorporation by reference of certain Service Bulletin (SB) No. A72–155, postcard on which the following publications listed in the regulations is dated May 22, 1997, and GE CJ610 SB statement is made: ‘‘Comments to

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Docket Number 97–ANE–21–AD.’’ The following aircraft: Learjet 20 series, Israel used if approved by the Manager, Engine postcard will be date stamped and Aircraft Industries Westwind series, Hansa Certification Office. Operators shall submit returned to the commenter. Jet, Aero Commander Jet Commander, their requests through an appropriate FAA The regulations adopted herein will Dassault Falcon 20 series, Sabreliner 265 Principal Maintenance Inspector, who may not have substantial direct effects on the series. add comments and then send it to the Manager, Engine Certification Office. States, on the relationship between the Note 1: This airworthiness directive (AD) applies to each engine identified in the national government and the States, or Note 2: Information concerning the preceding applicability provision, regardless existence of approved alternative methods of on the distribution of power and of whether it has been modified, altered, or compliance with this airworthiness directive, responsibilities among the various repaired in the area subject to the if any, may be obtained from the Engine levels of government. Therefore, in requirements of this AD. For engines that Certification Office. accordance with Executive Order 12612, have been modified, altered, or repaired so (e) Special flight permits may be issued in it is determined that this final rule does that the performance of the requirements of accordance with sections 21.197 and 21.199 not have sufficient federalism this AD is affected, the owner/operator must of the Federal Aviation Regulations (14 CFR implications to warrant the preparation request approval for an alternative method of 21.197 and 21.199) to operate the aircraft to compliance in accordance with paragraph (d) a location where the requirements of this AD of a Federalism Assessment. of this AD. The request should include an The FAA has determined that this can be accomplished. assessment of the effect of the modification, (f) The actions required by this AD shall be regulation is an emergency regulation alteration, or repair on the unsafe condition that must be issued immediately to done in accordance with the following GE addressed by this AD; and, if the unsafe service documents: correct an unsafe condition in aircraft, condition has not been eliminated, the request should include specific proposed and is not a ‘‘significant regulatory Document No. Pages Date action’’ under Executive Order 12866. It actions to address it. has been determined further that this Compliance: Required as indicated, unless CF700 SB No. A72±155 1±9 May 22, action involves an emergency regulation accomplished previously. 1997. under DOT Regulatory Policies and To prevent turbine torque ring or Total Pages: 9. Procedures (44 FR 11034, February 26, compressor drive shaft failure due to a CJ610 SB No. A72±147 1±9 May 22, manufacturing defect, which could result in 1979). If it is determined that this 1997. an uncontained engine failure, accomplish Total Pages: 9. emergency regulation otherwise would the following: be significant under DOT Regulatory (a) For GE CF700 series turbofan engines, This incorporation by reference was Policies and Procedures, a final accomplish the following in accordance with regulatory evaluation will be prepared GE CF700 SB No. A72–155, dated May 22, approved by the Director of the Federal and placed in the Rules Docket. A copy 1997: Register in accordance with 5 U.S.C. of it, if filed, may be obtained from the (1) Remove from service affected turbine 552(a) and 1 CFR part 51. Copies may Rules Docket at the location provided torque rings, listed by serial number (S/N) in be obtained from GE Aircraft Engines, paragraph 1. A.(3a) of GE CF700 SB No. A72– 1000 Western Ave., Lynn, MA 01910; under the caption ADDRESSES. 155, dated May 22, 1997, and replace with telephone (781) 594–3140, fax (781) List of Subjects in 14 CFR Part 39 serviceable parts, within 50 hours time in 594–4805. Copies may be inspected at service (TIS), or 60 days after the effective the FAA, New England Region, Office of Air transportation, Aircraft, Aviation date of this AD, whichever occurs first. safety, Incorporation by reference, (2) Remove from service affected turbine the Assistant Chief Counsel, 12 New Safety. torque rings and compressor drive shafts, England Executive Park, Burlington, listed by S/N in GE paragraph 1.A.(3b) of GE MA; or at the Office of the Federal Adoption of the Amendment CF700 SB No. A72–155, dated May 22, 1997, Register, 800 North Capitol Street, NW., Accordingly, pursuant to the and replace with serviceable parts, within suite 700, Washington, DC. authority delegated to me by the 300 hours TIS, or 12 months after the (g) This amendment becomes effective Administrator, the Federal Aviation effective date of this AD, whichever occurs on January 2, 1998. first. Administration amends part 39 of the (b) For GE CJ610 series turbojet engines, Issued in Burlington, Massachusetts, on Federal Aviation Regulations (14 CFR accomplish the following in accordance with November 26, 1997. part 39) as follows: GE CJ610 SB No. A72–147, dated May 22, Jay J. Pardee, 1997: Manager, Engine and Propeller Directorate, PART 39ÐAIRWORTHINESS (1) Remove from service affected turbine Aircraft Certification Service. DIRECTIVES torque rings, listed by S/N in paragraph [FR Doc. 97–31862 Filed 12–5–97; 8:45 am] 1.A.(3a) of GE CJ610 SB No. A72–147, dated 1. The authority citation for part 39 May 22, 1997, and replace with serviceable BILLING CODE 4910±13±U continues to read as follows: parts, within 50 hours TIS, or 60 days after Authority: 49 U.S.C. 106(g), 40113, 44701. the effective date of this AD, whichever occurs first. DEPARTMENT OF TRANSPORTATION § 39.13 [Amended] (2) Remove from service affected turbine 2. Section 39.13 is amended by torque rings and compressor drive shafts, Federal Aviation Administration adding the following new airworthiness listed by S/N in paragraph 1.A.(3b) of GE CJ610 SB No. A72–147, dated May 22, 1997, 14 CFR Part 39 directive: and replace with serviceable parts, within [Docket No. 97±ANE±04; Amendment 39± 97–25–08 General Electric Company: 300 hours TIS, or 12 months after the 10234; AD 97±25±10] Amendment 39–10232. Docket 97–ANE– effective date of this AD, whichever occurs 21–AD. first. RIN 2120±AA64 Applicability: General Electric Company (c) After the effective date of this AD, (GE) CJ610 series turbojet and CF700 series installation of uninstalled affected parts Airworthiness Directives; Pratt & turbofan engines, with turbine torque rings identified by S/N in the SBs referenced in Whitney JT9D Series Turbofan Engines and compressor drive shafts identified in GE paragraphs (a) and (b) of this AD is CF700 Service Bulletin (SB) No. A72–155, prohibited. AGENCY: Federal Aviation dated May 22, 1997, and GE CJ610 SB No. (d) An alternative method of compliance or Administration, DOT. A72–147, dated May 22, 1997. These engines adjustment of the compliance time that ACTION: Final rule. are installed on but not limited to the provides an acceptable level of safety may be

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SUMMARY: This amendment supersedes necessary, replacement with serviceable 3,500 CIS since last inspection. The an existing airworthiness directive (AD), parts. In addition, the action proposed FAA does not concur. The current AD, applicable to certain Pratt & Whitney to require initial and repetitive FPI for effective in 1991, requires repetitive JT9D series turbofan engines, that cracks in tie bolt holes of all affected inspections of disks installed in JT9D– currently requires initial and repetitive second stage HPT disks. Finally, that 59A, –70A, –7Q, and –7Q3 engines at eddy current inspection (ECI) or action proposed to require reporting intervals not to exceed 3,500 CIS. fluorescent penetrant inspection (FPI) findings of cracked turbine disks. Therefore, the example cited by the for cracks in first stage high pressure Interested persons have been afforded commenter should not occur, as disks turbine (HPT) disk cooling air holes. an opportunity to participate in the installed in JT9D–59A or –7Q engines This amendment requires initial and making of this amendment. Due should never exceed 3,500 CIS since last repetitive FPI for cracks in cooling air consideration has been given to the inspection. Only if a disk installed in a holes of additional first stage HPT disks, comments received. JT9D–7R4 engine had exceeded 3,500 and replacement with serviceable parts. One commenter states that since the CIS since last inspection would the In addition, this amendment requires root cause of the crack which was found requirement to inspect no later than 250 initial and repetitive FPI for cracks in tie on the cooling hole of the improved CIS after the effective date of this AD bolt holes of certain other affected disk, part number (P/N) 840301, was apply. This inspection requirement was second stage HPT disks installed in PW caused by improper tooling application considered in the risk analysis and the JT9D series turbofan engines. This (use of reamer instead of a carbide FAA has determined that it is necessary. amendment is prompted by reports of a insert) at the specified supplier, only the The commenter does not indicate how cracked cooling air hole on one first suspect supplier and lots should be many JT9D–7R4 engines might be stage HPT disk, and a cracked tie bolt affected by the AD. The commenter affected by the 250 CIS initial hole on one second stage HPT disk. The maintains that if the FAA suspects PW’s inspection requirement. Individual actions specified by this AD are qualified carbide insert machining operators can apply for an adjustment to intended to prevent turbine disk failure process, every maintenance process that compliance time under paragraph due to cooling air hole or tie bolt hole requiring the manufacturer’s (d) of the AD. cracking, which could result in an qualification should always require One commenter states that the uncontained engine failure and damage FAA qualification in future. The Federal mandated use of FPI does not provide to the aircraft. Aviation Administration (FAA) does not all possible assurance that defective DATES: Effective January 12, 1998. concur. The improved disk, P/N 840301, HPT disks will be removed from service. ADDRESSES: The service information is manufactured with the new reamer The commenter believes that eddy referenced in this AD may be obtained tooling method; however, a disk of this current inspection, or a combination of from Pratt & Whitney, 400 Main St., East P/N was found with cooling hole the two methods, would clearly provide Hartford, CT 06108; telephone (860) cracking. The reamer method was a greater probability of crack detection. 565–6600, fax (860) 565–4503. This introduced by manufacturers to The FAA does not concur. The first information may be examined at the preclude abusive machining that was stage turbine cooling air holes and found using the carbide insert method. FAA, New England Region, Office of the second stage tie bolt holes have low Investigation has shown that both the Assistant Chief Counsel, 12 New aspect ratios. The FAA has determined carbide insert method and the reamer England Executive Park, Burlington, that FPI of low aspect ratio holes is method are subject to the same abusive MA. This information may be examined adequate for detecting cracks in these machining phenomenon. The FAA at the Federal Aviation Administration locations. approves manufacturing and One commenter states that there (FAA), New England Region, Office of maintenance processes, which are appears to be anomalies in the the Assistant Chief Counsel, 12 New updated as necessary. requirements for disks that have been in England Executive Park, Burlington, MA The same commenter requests that the service for over 6,000 cycles since new 01803–5299; or at the Office of the FAA and PW develop an inspection (CSN), as stated in paragraph (b)(1)(i) of Federal Register, 800 North Capitol procedure that can detect not only a the compliance section. The commenter Street, NW., suite 700, Washington, DC. crack but detect whether a severely maintains that as the paragraph reads in FOR FURTHER INFORMATION CONTACT: Tara worked layer of material exists or not, the proposed rule, this inspection will Goodman, Aerospace Engineer, Engine so that unnecessary repetitive always occur later than accumulating Certification Office, FAA, Engine and inspections can be minimized by 8,000 CSN if CSN is greater than 6,000 Propeller Directorate, 12 New England removing those disks. The FAA does not on the effective date of the AD. The Executive Park, Burlington, MA 01803– concur. It is not possible to detect 100% FAA concurs and has changed this 5299; telephone (781) 238–7130, fax of the possible cracking conditions in paragraph to require inspection within (781) 238–7199. the field using current inspection 2,000 CIS if a disk has over 6,000 CSN SUPPLEMENTARY INFORMATION: A methods. Therefore, repetitive on the effective date of the AD. proposal to amend part 39 of the Federal inspections are necessary for disks that The same commenter suggests that at Aviation Regulations (14 CFR part 39) are in service because cracking can next engine shop visit would be by superseding airworthiness directive propagate in fatigue from a layer of sufficient as an interval for cooling hole (AD) 91–04–10, Amendment 39–6859 severely worked material resulting from and tie bolt hole inspections. The FAA (56 FR 5343, February 11, 1991), the manufacturing process. does not concur. Since the timing of applicable to Pratt & Whitney (PW) JT9D The same commenter requests the engine shop visits varies widely series turbofan engines, was published FAA extend the initial inspection between operators, the use of shop visits in the Federal Register on March 19, requirement for disks that have been to define inspection intervals in ADs 1997 (62 FR 12979). That action previously inspected, noting that the AD does not provide adequate objectivity on proposed to require initial and as proposed would allow 1,500 cycles in which to assess the effectiveness of the repetitive fluorescent penetrant service (CIS) before initial inspection for required actions in addressing the inspections (FPI) for cracks in cooling disks never inspected while only 250 unsafe condition. The FAA has air holes of affected first stage high CIS for disks that have been inspected determined that a maximum of 2,000 pressure turbine (HPT) disks, and, if but that have accumulated more than CIS interval is required.

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Subsequent to the publication of the List of Subjects in 14 CFR Part 39 inspection (FPI) for cracks in all 40 cooling air holes in accordance with PW Turbojet proposed rule, two JT9D–7R4D/E Air transportation, Aircraft, Aviation operators indicated that the 6,000 CIS Engine Standard Practices Manual, P/N safety, Incorporation by reference, 585005, Chapter/Section 70–33, Special re-inspection interval for second stage Safety. Process Operation Procedure (SPOP) 84, as turbine hub tie bolt hole mismachining Adoption of the Amendment follows: would require them to remove engines (i) Disks with 3,500 cycles since new (CSN) prematurely due to their high cycle Accordingly, pursuant to the or more on the effective date of this AD, utilization rate. The FAA has authority delegated to me by the inspect prior to accumulating 5,000 CSN, or determined through a review of risk Administrator, the Federal Aviation within 1,500 cycles in service (CIS) after the analysis that the additional risk Administration amends part 39 of the effective date of this AD, whichever occurs later. involved in extending the re-inspection Federal Aviation Regulations (14 CFR part 39) as follows: (ii) Disks with less than 3,500 CSN on the interval from 6,000 CIS to 8,000 CIS is effective date of this AD, inspect prior to sufficiently low and has changed the re- PART 39ÐAIRWORTHINESS accumulating 5,000 CSN. inspection interval accordingly. DIRECTIVES (2) Disks that have been reoperated in In addition, the manufacturer has accordance with PW Service Bulletin (SB) No. 5815, Revision 2, dated July 31, 1992, or recommended that Special Process 1. The authority citation for part 39 continues to read as follows: prior revisions, that have not been Operation Procedure (SPOP) 70 be used fluorescent penetrant inspected or eddy in lieu of SPOP 84 in order to permit the Authority: 49 U.S.C. 106(g), 40113, 44701. current inspected since reoperation, perform inspection of the second stage turbine an initial FPI for cracks in all 40 cooling air § 39.13 [Amended] hub tie bolt holes when the second stage holes in accordance with PW Turbojet Engine turbine rotor is removed from the HPT 2. Section 39.13 is amended by Standard Practices Manual, P/N 585005, module assembly without necessitating removing amendment 39–6859 (56 FR Chapter/Section 70–33, SPOP 84, as follows: the removal of the second stage turbine 5343, February 11, 1991) and by adding (i) Disks with 3,500 CIS or more since a new airworthiness directive, reoperation on the effective date of this AD, blades. The FAA concurs and has inspect prior to accumulating 5,000 CIS since changed the reference to the inspection Amendment 39–10234, to read as follows: reoperation, or within 1,500 CIS after the procedure accordingly. effective date of this AD, whichever occurs 97–25–10 Pratt & Whitney: Amendment 39– later. After careful review of the available 10234. Docket 97–ANE–04 Supersedes data, including the comments noted (ii) Disks with less than 3,500 CIS since airworthiness directive (AD) 91–04–10, reoperation on the effective date of this AD, above, the FAA has determined that air Amendment 39–6859. inspect prior to accumulating 5,000 CIS since safety and the public interest require the Applicability: Pratt & Whitney (PW) JT9D– reoperation. adoption of the rule with the changes 59A, –70A, –7Q, –7Q3, –7R4D, –7R4D1, (3) Disks that have been fluorescent described previously. The FAA has –7R4E, and –7R4E1 (AI–500) series turbofan penetrant inspected, or eddy current determined that these changes will engines, installed on but not limited to inspected, since introduction into service or neither increase the economic burden Airbus Industrie A300 and A310, Boeing 747 since reoperation, in accordance with PW SB on any operator nor increase the scope and 767, and McDonnell Douglas DC–10 No. 5744, Revision 3, dated March 31, 1993, series aircraft. of the AD. or prior revisions, or PW JT9D–7Q, –7Q3 Note 1: This AD applies to each engine Engine Manual, P/N 777210, 72–51–00, The regulations adopted herein will identified in the preceding applicability Inspection –03, or PW JT9D–59A, –70A not have substantial direct effects on the provision, regardless of whether it has been Engine Manual, P/N 754459, 72–51–00, States, on the relationship between the modified, altered, or repaired in the area Heavy Maintenance Check –03, perform an national government and the States, or subject to the requirements of this AD. For FPI for cracks in all 40 cooling air holes, on the distribution of power and engines that have been modified, altered, or prior to accumulating 3,500 CIS since last FPI repaired so that the performance of the or ECI, or within 250 CIS after the effective responsibilities among the various requirements of this AD is affected, the date of this AD, whichever occurs later, in levels of government. Therefore, in owner/operator must request approval for an accordance with PW Turbojet Engine accordance with Executive Order 12612, alternative method of compliance in Standard Practices Manual, P/N 585005, it is determined that this final rule does accordance with paragraph (d) of this AD. Chapter/Section 70–33, SPOP 84. not have sufficient federalism The request should include an assessment of (4) Thereafter, perform FPI for cracks in all implications to warrant the preparation the effect of the modification, alteration, or 40 cooling air holes at intervals not to exceed of a Federalism Assessment. repair on the unsafe condition addressed by 3,500 CIS since last FPI, in accordance with this AD; and, if the unsafe condition has not PW Turbojet Engine Standard Practices For the reasons discussed above, I been eliminated, the request should include Manual, P/N 585005, Chapter/Section 70–33, certify that this action (1) Is not a specific proposed actions to address it. SPOP 84. ‘‘significant regulatory action’’ under Compliance: Required as indicated, unless (5) Prior to further flight, remove from Executive Order 12866; (2) is not a accomplished previously. service cracked disks, and replace with ‘‘significant rule’’ under DOT To prevent turbine disk failure due to serviceable parts. Regulatory Policies and Procedures (44 cooling hole or tie bolt hole cracking, which (b) For second stage HPT disks, P/N could result in an uncontained engine failure 5001802–01, installed in PW JT9D–7R4D, FR 11034, February 26, 1979); and (3) and damage to the aircraft, accomplish the –7R4D1, –7R4E, and –7R4E1 (AI–500) will not have a significant economic following: engines, accomplish the following: impact, positive or negative, on a (a) For first stage high pressure turbine (1) Disks that have not been fluorescent substantial number of small entities (HPT) disks, part numbers (P/Ns) 768001, penetrant inspected since introduction into under the criteria of the Regulatory 792701, 812901, 819801, 840501, 840401, service, perform an initial FPI for cracks in Flexibility Act. A final evaluation has 840701, 840601, and 840301, installed in PW all 30 tie bolt holes in accordance with PW been prepared for this action and it is JT9D–59A, –70A, –7Q, and –7Q3 engines, Turbojet Engine Standard Practices Manual, accomplish the following: P/N 585005, Chapter/Section 70–33, SPOP contained in the Rules Docket. A copy (1) Disks that have not been fluorescent 70, as follows: of it may be obtained from the Rules penetrant inspected or eddy current (i) Disks with 6,000 CSN or more on the Docket at the location provided under inspected since introduction into service, effective date of this AD, inspect within the caption ADDRESSES. perform an initial fluorescent penetrant 2,000 CIS after the effective date of this AD.

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(ii) Disks with less than 6,000 CSN on the DEPARTMENT OF TRANSPORTATION 0420; telephone: (317) 230–6674. This effective date of this AD, inspect prior to information may be examined at the accumulating 8,000 CSN. Federal Aviation Administration FAA, New England Region, Office of the (2) Disks that have been fluorescent Regional Counsel, 12 New England penetrant inspected since introduction into 14 CFR Part 39 Executive Park, Burlington, MA; or at service, perform an FPI for cracks in all 30 [Docket No. 97±ANE±31±AD; Amendment the Office of the Federal Register, 800 tie bolt holes, prior to accumulating 8,000 39±10233; AD 97±25±09] North Capitol Street, NW., suite 700, CIS since last FPI, or within 250 CIS after the Washington, DC. effective date of this AD, whichever occurs RIN 2120±AA64 later, in accordance with PW Turbojet Engine FOR FURTHER INFORMATION CONTACT: John Airworthiness Directives; Allison Standard Practices Manual, P/N 585005, Tallarovic, Aerospace Engineer, Chicago Engine Company Model 250±C40B Chapter/Section 70–33, SPOP 70. Aircraft Certification Office, FAA, Small (3) Thereafter, perform FPI for cracks in all Turboshaft Engines Airplane Directorate, ACE–118C, 2300 East Devon Avenue, Des Plaines, IL 30 tie bolt holes at intervals not to exceed AGENCY: Federal Aviation 60018; telephone (847) 294–8180, fax 8,000 CIS since last FPI, in accordance with Administration, DOT. PW Turbojet Engine Standard Practices (847) 294–7834. ACTION: Final rule; request for Manual, P/N 585005, Chapter/Section 70–33, comments. SUPPLEMENTARY INFORMATION: The SPOP 70. Federal Aviation Administration (FAA) (4) Prior to further flight, remove from SUMMARY: This amendment adopts a received a report from Allison Engine service cracked disks, and replace with new airworthiness directive (AD) that is Company of a manufacturing defect serviceable parts. applicable to Allison Engine Company discovered in certain helical power (c) Report findings of cracked turbine disks Model 250–C40B turboshaft engines. takeoff gearshaft assemblies, part within 48 hours after inspection to Tara This action requires installation of a number (P/N) 23056617, installed on Goodman, Aerospace Engineer, Engine placard requiring pilots to record torque Model 250–C40B turboshaft engines. Certification Office, FAA, Engine and level and time in service operating The manufacturing defect was Propeller Directorate, 12 New England above 86% engine torque until the discovered while measuring the depth Executive Park, Burlington, MA 01803–5299; defective parts have been replaced, no of the case hardening of the gear. The telephone (781) 238–7130, fax (781) 238– later than December 31, 2000, or when manufacturing defect was caused by 7199, Internet: ‘‘[email protected]’’. certain maintenance actions are excessive removal of case hardened Reporting requirements have been approved accomplished, or when certain material from the gear during by the Office of Management and Budget and operational restrictions are exceeded, manufacturing. This condition, if not assigned OMB control number 2120–0056. whichever occurs earliest. This corrected, could result in fatigue failure (d) An alternative method of compliance or amendment is prompted by a report of the helical power takeoff gearshaft adjustment of the compliance time that assembly, which could result in a loss provides an acceptable level of safety may be from Allison Engine Company of a of engine power and inflight engine used if approved by the Manager, Engine manufacturing defect in certain helical shutdown. Certification Office. Operators shall submit power takeoff gearshaft assemblies, their requests through an appropriate FAA identified by serial numbers. The The FAA has reviewed and approved Principal Maintenance Inspector, who may actions specified in this AD are the technical contents of Allison Alert add comments and then send it to the intended to prevent fatigue failure of the Commercial Engine Bulletin (CEB) No. Manager, Engine Certification Office. helical power takeoff gearshaft A–72–5009, dated May 21, 1997, that assembly, which could result in a loss Note 2: Information concerning the lists by serial number (S/N) 49 affected of engine power and inflight engine existence of approved alternative method of engines, gearboxes, and gears. This CEB shutdown. compliance with this AD, if any, may be also describes procedures for obtained from the Engine Certification Office. DATES: Effective December 23, 1997. replacement of affected helical power takeoff gearshaft assemblies with (e) Special flight permits may be issued in The incorporation by reference of serviceable parts. accordance with sections 21.197 and 21.199 certain publications listed in the of the Federal Aviation Regulations (14 CFR regulations is approved by the Director Since an unsafe condition has been 21.197 and 21.199) to operate the aircraft to of the Federal Register as of December identified that is likely to exist or a location where the requirements of this AD 23, 1997. develop on other engines of the same can be accomplished. Comments for inclusion in the Rules type design, this AD is being issued to (f) This amendment becomes effective on Docket must be received on or before prevent a loss of engine power and January 12, 1998. February 6, 1998. inflight engine shutdown. This AD Issued in Burlington, Massachusetts, on ADDRESSES: Submit comments in requires installation of a placard November 28, 1997. triplicate to the Federal Aviation requiring pilots to record torque and time in service operating above 86% Jay J. Pardee, Administration (FAA), New England Region, Office of the Regional Counsel, engine torque until replacement of Manager, Engine and Propeller Directorate, Attention: Rules Docket No. 97–ANE– defective helical power takeoff gearshaft Aircraft Certification Service. 31–AD, 12 New England Executive Park, assemblies with serviceable parts, and [FR Doc. 97–31965 Filed 12–5–97; 8:45 am] Burlington, MA 01803–5299. Comments then the placard can be removed. The BILLING CODE 4910±13±U may also be sent via the Internet using compliance times were determined the following address: ‘‘9-ad- based upon an analysis of the effect of [email protected]’’. Comments gearbox assembly torque loading on sent via the Internet must contain the component life. The actions are required docket number in the subject line. to be accomplished in accordance with The service information referenced in the CEB described previously. this AD may be obtained from Allison The operational limitations imposed Engine Company, P.O. Box 420, Speed by this AD have been coordinated with Code U–15, Indianapolis, IN 46206– the Rotorcraft Directorate.

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Since a situation exists that requires correct an unsafe condition in aircraft, Compliance: Required as indicated, unless the immediate adoption of this and is not a ‘‘significant regulatory accomplished previously. regulation, it is found that notice and action’’ under Executive Order 12866. It To prevent fatigue failure of the helical opportunity for prior public comment has been determined further that this power takeoff gearshaft assembly, which could result in a loss of engine power and hereon are impracticable, and that good action involves an emergency regulation inflight engine shutdown, accomplish the cause exists for making this amendment under DOT Regulatory Policies and following for part number (P/N) 23056617, effective in less than 30 days. Procedures (44 FR 11034, February 26, identified by S/N in Allison Alert CEB No. Comments Invited 1979). If it is determined that this A–72–5009, dated May 21, 1997: emergency regulation otherwise would (a) Prior to further flight, install the Although this action is in the form of be significant under DOT Regulatory following placard on the instrument panel in a final rule that involves requirements Policies and Procedures, a final clear view of the pilot, ‘‘RECORD TORQUE affecting flight safety and, thus, was not regulatory evaluation will be prepared AND TIME ABOVE 86% ENGINE TORQUE.’’ preceded by notice and an opportunity The placard shall be manufactured of a and placed in the Rules Docket. A copy material that cannot be easily defaced or for public comment, comments are of it, if filed, may be obtained from the invited on this rule. Interested persons erased, and the lettering shall be block-style Rules Docket at the location provided and at least 1⁄8 inches in height. Additionally, are invited to comment on this rule by under the caption ADDRESSES. the color and lettering must contrast with the submitting such written data, views, or background (color of placard material) such arguments as they may desire. List of Subjects in 14 CFR Part 39 that it is legible. Communications should identify the Air transportation, Aircraft, Aviation (b) Remove from service affected helical Rules Docket number and be submitted safety, Incorporation by reference, power takeoff gearshaft assemblies, P/N in triplicate to the address specified Safety. 23056617, and replace with serviceable parts, under the caption ADDRESSES. All in accordance with Allison Alert CEB No. A– communications received on or before Adoption of the Amendment 72–5009, dated May 21, 1997, when the first the closing date for comments will be of the following conditions exists: Accordingly, pursuant to the (1) At the time of turbine overhaul; or considered, and this rule may be authority delegated to me by the (2) During gearbox disassembly for any amended in light of the comments Administrator, the Federal Aviation reason; or received. Factual information that Administration amends part 39 of the (3) If any of the operational restrictions supports the commenter’s ideas and Federal Aviation Regulations (14 CFR listed in paragraph (c) of this AD are suggestions is extremely helpful in part 39) as follows: exceeded; or evaluating the effectiveness of the AD (4) No later than December 31, 2000. action and determining whether PART 39ÐAIRWORTHINESS (c) After the effective date of this AD, additional rulemaking action would be DIRECTIVES observe the following operational restrictions needed. at all times, until paragraph (b) of this AD is Comments are specifically invited on 1. The authority citation for part 39 complied with by installing serviceable the overall regulatory, economic, continues to read as follows: helical power takeoff gearshaft assemblies: (1) Total operational time accumulated on environmental, and energy aspects of Authority: 49 U.S.C. 106(g), 40113, 44701. the suspect helical power takeoff gearshaft the rule that might suggest a need to assemblies may not exceed 1,750 hours time § 39.13 [Amended] modify the rule. All comments in service (TIS). Engines are to be operated submitted will be available, both before 2. Section 39.13 is amended by in the torque sharing mode only. and after the closing date for comments, adding the following new airworthiness (2) Operation of the engine at power in the Rules Docket for examination by directive: between 86% torque and 93% torque is interested persons. A report that limited to one hour prior to reaching 1,750 97–25–09 Allison Engine Company: hours TIS. summarizes each FAA-public contact Amendment 39–10233. Docket 97–ANE– concerned with the substance of this AD (3) Operation of the engine above 93% 31–AD. torque will require replacement of the helical will be filed in the Rules Docket. Applicability: Allison Engine Company power takeoff gearshaft assemblies. Any Commenters wishing the FAA to Model 250–C40B turboshaft engines, with previously recorded time (Electronic Control acknowledge receipt of their comments engines, gearboxes, and gears identified by Unit (ECU)), Integrated Instrument Display submitted in response to this notice serial number (S/N) in Allison Alert System ((IIDS) or Log Book) must be must submit a self-addressed, stamped Commercial Engine Bulletin (CEB) No. A– accounted for. Operators will be allowed four postcard on which the following 72–5009, dated May 21, 1997. The 250–C40B hours of operation at torque levels less than statement is made: ‘‘Comments to engine is installed on and limited to the 86% torque to ferry the aircraft to a Docket Number 97–ANE–31–AD.’’ The twin-engine Bell Helicopter Textron 430 maintenance facility for replacement of the series helicopters. postcard will be date stamped and assembly unless any of the following have returned to the commenter. Note 1: This airworthiness directive (AD) been exceeded: applies to each engine identified in the (i) Operation of the engine between 93% The regulations adopted herein will preceding applicability provision, regardless torque and 105% torque for more than six not have substantial direct effects on the of whether it has been modified, altered, or minutes requires replacement of the States, on the relationship between the repaired in the area subject to the assembly before further flight. national government and the States, or requirements of this AD. For engines that (ii) Operation of the engine between 105% on the distribution of power and have been modified, altered, or repaired so torque and 110% torque for more than ninety responsibilities among the various that the performance of the requirements of seconds requires replacement of the assembly levels of government. Therefore, in this AD is affected, the owner/operator must before further flight. accordance with Executive Order 12612, request approval for an alternative method of (d) Revise the limitations section of the it is determined that this final rule does compliance in accordance with paragraph (g) FAA-approved Rotorcraft Flight Manual of this AD. The request should include an (RFM) by inserting a copy of this AD. not have sufficient federalism assessment of the effect of the modification, Thereafter, except as provided in paragraph implications to warrant the preparation alteration, or repair on the unsafe condition (g) of this AD, no alternative limitations may of a Federalism Assessment. addressed by this AD; and, if the unsafe be approved for affected helical power The FAA has determined that this condition has not been eliminated, the takeoff gearshaft assemblies, P/N 23056617. regulation is an emergency regulation request should include specific proposed (e) After replacing parts in accordance with that must be issued immediately to actions to address it. paragraph (b) of this AD, remove the placard

VerDate 02-DEC-97 19:02 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\P08DE0.PT1 08der1 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64519 and the AD required by paragraphs (a) and DEPARTMENT OF TRANSPORTATION Boulevard, Lakewood, California; or at (d) of this AD. the Office of the Federal Register, 800 (f) For the purposes of this AD, a Federal Aviation Administration North Capitol Street, NW., suite 700, serviceable helical power takeoff gearshaft Washington, DC. assembly is one not identified by S/N in 14 CFR Part 39 Allison Alert CEB No. A–72–5009, dated May FOR FURTHER INFORMATION CONTACT: [Docket No. 97±NM±286±AD; Amendment Brett Portwood, Aerospace Engineer, 21, 1997. 39±10235; AD 97±25±11] (g) An alternative method of compliance or Systems and Equipment Branch, ANM– adjustment of the compliance time that RIN 2120±AA64 130L, FAA, Transport Airplane provides an acceptable level of safety may be Directorate, Los Angeles Aircraft Airworthiness Directives; Bombardier used if approved by the Manager, Chicago Certification Office, 3960 Paramount Model CL±600±2B16 Series Airplanes Aircraft Certification Office. Operators shall Boulevard, Lakewood, California 90712; submit their requests through an appropriate Modified in Accordance With telephone (562) 627–5350; fax (562) FAA Principal Maintenance Inspector, who Supplemental Type Certificate (STC) 627–5210. SA6003NM may add comments and then send it to the SUPPLEMENTARY INFORMATION: The FAA Manager, Chicago Aircraft Certification AGENCY: Federal Aviation has received reports of three in-flight Office. Administration, DOT. occurrences of loss of all engine Note 2: Information concerning the ACTION: Final rule; request for indicating and fuel quantity systems in existence of approved alternative methods of comments. the cockpit on certain Bombardier compliance with this airworthiness directive, Model CL–600–2B16 series airplanes. In if any, may be obtained from the Chicago SUMMARY: This amendment adopts a each case, the internal fuel/defuel panel Aircraft Certification Office. new airworthiness directive (AD) that is had been left in the ‘‘ON’’ position for (h) Special flight permits may be issued in applicable to certain Bombardier Model an extended period of time. When the accordance with sections 21.197 and 21.199 CL–600–2B16 series airplanes. This panel was switched off, all engine and of the Federal Aviation Regulations (14 CFR action requires disabling the remote fuel quantity indications were lost; 21.197 and 21.199) and paragraph (c)(3) of fuel/defuel panel in the cockpit. This subsequent attempts to cycle the panel this AD to operate the aircraft to a location action also provides for an optional power back on were unsuccessful. where the requirements of this AD can be modification of the remote fuel/defuel Investigation revealed an opened circuit accomplished. panel, which would terminate the breaker. It was determined that, if power (i) The actions required by this AD shall be requirement to disable the panel. This to the remote fuel/defuel panel is left on done in accordance with the following amendment is prompted by reports of for up to approximately one hour, the Allison Alert CEB: in-flight failure of the panel that controlling circuit breaker on the battery resulted when a circuit breaker on a bus will have insufficient capacity to Document No. Pages Date battery bus opened due to insufficient hold the current flow and, as a result, current flow capacity. The actions may open during flight. This condition, A±72±5009 ...... 1±5 May 21, 1997. specified in this AD are intended to if not corrected, could result in Total pages: 5. prevent the circuit breakers from irreversible loss of engine indicating opening during flight, which could and fuel quantity systems in the cockpit. This incorporation by reference was result in irreversible loss of engine approved by the Director of the Federal indicating and fuel quantity systems in Explanation of Relevant Service Register in accordance with 5 U.S.C. 552(a) the cockpit. Information and 1 CFR part 51. Copies may be obtained from Allison Engine Company, P.O. Box 420, DATES: Effective December 23, 1997. Bombardier has issued Service Speed Code U–15, Indianapolis, IN 46206– The incorporation by reference of Bulletin SB TUS–28–20–02–1, dated 0420; telephone: (317) 230–6674. Copies may certain publications listed in the November 13, 1997, which describes be inspected at the FAA, New England regulations is approved by the Director procedures for disabling the remote Region, Office of the Assistant Chief Counsel, of the Federal Register as of December fuel/defuel panel in the cockpit. 12 New England Executive Park, Burlington, 23, 1997. Bombardier also has issued Service MA; or at the Office of the Federal Register, Comments for inclusion in the Rules Bulletin SB TUS–28–20–02, dated 800 North Capitol Street, NW., suite 700, Docket must be received on or before November 13, 1997, which describes Washington, DC. January 7, 1998. procedures for modifying the remote (j) This amendment becomes effective on ADDRESSES: Submit comments in fuel/defuel panel; accomplishment of December 23, 1997. triplicate to the Federal Aviation this modification eliminates the need to Issued in Burlington, Massachusetts, on Administration (FAA), Transport disable the panel. The modification November 28, 1997. Airplane Directorate, ANM–103, involves replacing certain circuit Jay J. Pardee, Attention: Rules Docket No. 97–NM– breakers for the fuel/defuel power and 286–AD, 1601 Lind Avenue, SW., fuel quantity displays with new circuit Manager, Engine and Propeller Directorate, breakers, and adding three 4-pole relays Aircraft Certification Service. Renton, Washington 98055–4056. The service information referenced in to allow switching of fuel quantity when [FR Doc. 97–31966 Filed 12–5–97; 8:45 am] this AD may be obtained from the internal fuel panel is selected. BILLING CODE 4910±13±U Bombardier Aviation Services, 1255 U.S. Type Certification of the Airplane East Aeropark Boulevard, Tucson, Arizona 85706. This information may be This airplane model is manufactured examined at the FAA, Transport in Canada and is type certificated for Airplane Directorate, 1601 Lind operation in the United States under the Avenue, SW., Renton, Washington; or at provisions of section 21.29 of the the FAA, Transport Airplane Federal Aviation Regulations (14 CFR Directorate, Los Angeles Aircraft 21.29) and the applicable bilateral Certification Office, 3960 Paramount airworthiness agreement.

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Explanation of Requirements of Rule postcard on which the following accordance with Supplemental Type Certificate SA6003NM, certificated in any Since an unsafe condition has been statement is made: ‘‘Comments to Docket Number 97–NM–286–AD.’’ The category. identified that is likely to exist or Note 1: This AD applies to each airplane develop on other airplanes of the same postcard will be date stamped and returned to the commenter. identified in the preceding applicability type design registered in the United provision, regardless of whether it has been States, this AD is being issued to Regulatory Impact otherwise modified, altered, or repaired in prevent loss of engine indicating and the area subject to the requirements of this The regulations adopted herein will fuel quantity systems in the cockpit in AD. For airplanes that have been modified, not have substantial direct effects on the the event a circuit breaker opens during altered, or repaired so that the performance States, on the relationship between the flight. This AD requires disabling the of the requirements of this AD is affected, the national government and the States, or owner/operator must request approval for an remote fuel/defuel panel in the cockpit. on the distribution of power and alternative method of compliance in This AD also provides for an optional responsibilities among the various accordance with paragraph (c) of this AD. modification of this panel, which would levels of government. Therefore, in The request should include an assessment of terminate the requirement to disable the accordance with Executive Order 12612, the effect of the modification, alteration, or panel. The actions are required to be repair on the unsafe condition addressed by it is determined that this final rule does accomplished in accordance with the this AD; and, if the unsafe condition has not not have sufficient federalism service bulletins described previously. been eliminated, the request should include implications to warrant the preparation specific proposed actions to address it. Determination of Rule’s Effective Date of a Federalism Assessment. Compliance: Required as indicated, unless Since a situation exists that requires The FAA has determined that this accomplished previously. the immediate adoption of this regulation is an emergency regulation To prevent the circuit breaker on the regulation, it is found that notice and that must be issued immediately to battery bus from opening during flight, which correct an unsafe condition in aircraft, could result in irreversible loss of engine opportunity for prior public comment indicating and fuel quantity systems in the hereon are impracticable, and that good and that it is not a ‘‘significant regulatory action’’ under Executive cockpit, accomplish the following: cause exists for making this amendment (a) Within 5 days after the effective date of effective in less than 30 days. Order 12866. It has been determined further that this action involves an this AD, disable the remote fuel/defuel panel, in accordance with Bombardier Service Comments Invited emergency regulation under DOT Bulletin SB TUS–28–20–02–1, dated Although this action is in the form of Regulatory Policies and Procedures (44 November 13, 1997. a final rule that involves requirements FR 11034, February 26, 1979). If it is (b) Modification of the remote fuel/defuel affecting flight safety and, thus, was not determined that this emergency panel in accordance with Bombardier Service preceded by notice and an opportunity regulation otherwise would be Bulletin SB TUS–28–20–02, dated November 13, 1997, permits the remote fuel-defuel for public comment, comments are significant under DOT Regulatory Policies and Procedures, a final panel to be enabled, and constitutes invited on this rule. Interested persons terminating action for the requirements of are invited to comment on this rule by regulatory evaluation will be prepared and placed in the Rules Docket. A copy paragraph (a) of this AD. submitting such written data, views, or (c) An alternative method of compliance or arguments as they may desire. of it, if filed, may be obtained from the adjustment of the compliance time that Communications shall identify the Rules Docket at the location provided provides an acceptable level of safety may be Rules Docket number and be submitted under the caption ADDRESSES. used if approved by the Manager, Los in triplicate to the address specified List of Subjects in 14 CFR Part 39 Angeles Aircraft Certification Office (ACO), FAA, Transport Airplane Directorate. under the caption ADDRESSES. All Air transportation, Aircraft, Aviation Operators shall submit their requests through communications received on or before safety, Incorporation by reference, an appropriate FAA Principal Maintenance the closing date for comments will be Safety. Inspector, who may add comments and then considered, and this rule may be send it to the Manager, Los Angeles ACO. amended in light of the comments Adoption of the Amendment Note 2: Information concerning the received. Factual information that Accordingly, pursuant to the existence of approved alternative methods of supports the commenter’s ideas and authority delegated to me by the compliance with this AD, if any, may be suggestions is extremely helpful in Administrator, the Federal Aviation obtained from the Los Angeles ACO. evaluating the effectiveness of the AD Administration amends part 39 of the (d) Special flight permits may be issued in action and determining whether Federal Aviation Regulations (14 CFR accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR additional rulemaking action would be part 39) as follows: needed. 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD Comments are specifically invited on PART 39ÐAIRWORTHINESS the overall regulatory, economic, can be accomplished. DIRECTIVES (e) The actions shall be done in accordance environmental, and energy aspects of 1. The authority citation for part 39 with Bombardier Service Bulletin SB TUS– the rule that might suggest a need to 28–20–02–1, dated November 13, 1997; or modify the rule. All comments continues to read as follows: Bombardier Service Bulletin SB TUS–28–20– submitted will be available, both before Authority: 49 U.S.C. 106(g), 40113, 44701. 02, dated November 13, 1997. This and after the closing date for comments, incorporation by reference was approved by in the Rules Docket for examination by § 39.13 [Amended] the Director of the Federal Register in interested persons. A report that 2. Section 39.13 is amended by accordance with 5 U.S.C. 552(a) and 1 CFR summarizes each FAA-public contact adding the following new airworthiness part 51. Copies may be obtained from concerned with the substance of this AD directive: Bombardier Aviation Services, 1255 East Aeropark Boulevard, Tucson, Arizona 85706. will be filed in the Rules Docket. 97–25–11 Bombardier, Inc. (Formerly Copies may be inspected at the FAA, Commenters wishing the FAA to Canadair): Amendment 39–10235. Transport Airplane Directorate, 1601 Lind acknowledge receipt of their comments Docket 97–NM–286–AD. Avenue, SW., Renton, Washington; or at the submitted in response to this rule must Applicability: Model CL–600–2B16 series FAA, Transport Airplane Directorate, Los submit a self-addressed, stamped airplanes that have been modified in Angeles Aircraft Certification Office, 3960

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Paramount Boulevard, Lakewood, California; October 27, 1997, (62 FR 55502), DEPARTMENT OF HOUSING AND or at the Office of the Federal Register, 800 established V–607 between Mendocino, URBAN DEVELOPMENT North Capitol Street, NW., suite 700, CA, and Arcata, CA. A need to establish Washington, DC. an intersection at the dogleg of the 24 CFR Part 888 (f) This amendment becomes effective on ° December 23, 1997. Arcata 153 radial and the Mendocino ° Issued in Renton, Washington, on 346 radial requires additional flight [Docket No. FR±4232±C±03] December 1, 1997. inspection and delays the effective date Fair Market Rents for the Section 8 Darrell M. Pederson, of V–607 until further notice. Housing Assistance Payments Acting Manager, Transport Airplane The FAA has determined that this ProgramÐFiscal Year 1998; Correction Directorate, Aircraft Certification Service. regulation only involves an established [FR Doc. 97–31968 Filed 12–5–97; 8:45 am] body of technical regulations for which AGENCY: Office of Policy Development BILLING CODE 4910±13±U frequent and routine amendments are and Research, HUD. necessary to keep them operationally current. Therefore, this regulation (1) is ACTION: Notice of Fiscal Year 1998 Fair DEPARTMENT OF TRANSPORTATION not a significant regulatory action under Market Rents (FMRs); correction. Executive Order 12866; (2) is not a Federal Aviation Administration ‘‘significant rule’’ under DOT SUMMARY: This notice corrects final FY 1998 Fair Market Rents for two areas, 14 CFR Part 71 Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) the Duluth-Superior, Minnesota- [Airspace Docket No. 97±AWP±17] does not warrant preparation of a Wisconsin MSA and the Des Moines, Regulatory Evaluation as the anticipated Iowa MSA, published in the Federal Establishment of VOR Federal Airway; impact is so minimal. Since this is a Register on September 26, 1997 (62 FR CA routine matter that will only affect air 50724). AGENCY: Federal Aviation traffic procedures and air navigation, it EFFECTIVE DATE: October 1, 1997. Administration (FAA), DOT. is certified that this rule will not have FOR FURTHER INFORMATION CONTACT: ACTION: Final rule; delay of effective a significant economic impact on a Gerald Benoit, Director, Operations date. substantial number of small entities Division, Office of Rental Assistance, under the criteria of the Regulatory telephone (202) 708–0477. For technical SUMMARY: This action delays the Flexibility Act. effective date for the establishment of information on the development of Federal Airway 607 (V–607) between List of Subjects in 14 CFR Part 71 schedules for specific areas or the Mendocino, CA, and Arcata, CA, until method used for the rent calculations, further notice. The FAA is taking this Airspace, Incorporation by reference, contact Alan Fox, Economic and Market action due to a procedural change Navigation (air). Analysis Division, Office of Economic requiring the addition of an intersection Affairs, telephone (202) 708–9426, Delay of Effective Date Extension 328 (e-mail; on V–607. The addition of the l intersection necessitates additional The effective date of the final rule, alan [email protected]). Hearing- or flight inspection. Airspace Docket 97–AWP–17, as speech-impaired persons may contact the Federal Information Relay Service at DATES: The effective date of 0901 UTC, published in the Federal Register on January 1, 1998, is delayed until further October 27, 1997 (62 FR 55502), is 1–800–877–8339 (TTY). (Other than the notice. hereby delayed until further notice. ‘‘800’’ TTY number, telephone numbers are not toll free.) FOR FURTHER INFORMATION CONTACT: Ken Authority: 49 U.S.C. 106(g), 40103, 40113, McElroy, Airspace and Rules Division, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Correction ATA–400, Office of Air Traffic Airspace 1963 Comp., p. 389. Management, Federal Aviation Accordingly, in FR Doc 97–25506, a Issued in Washington, DC, on November document published on September 26, Administration, 800 Independence 26, 1997. Avenue, SW., Washington, DC 20591; 1997 (62 FR 50724) is corrected as Nancy B. Kalinowski, telephone: (202) 267–8783. follows: Acting Program Director for Air Traffic 1. On page 50741, in the table under SUPPLEMENTARY INFORMATION: Airspace Management. Iowa, Metropolitan FMR Areas, the Airspace Docket No. 97–AWP–17, [FR Doc. 97–32036 Filed 12–5–97; 8:45 am] entries for Des Moines are corrected to published in the Federal Register on BILLING CODE 4910±13±P read as follows:

Number of Bedrooms 1998 Fair Market Rent 0 BR 1 BR 2 BR 3 BR 4 BR

Des Moines, IA MSA ...... $348 $440 $542 $704 $739

2. On page 50752, in the table under the Minnesota Metropolitan FMR Areas, the FMR for 0 bedroom units in the Minnesota part of the MSA (St. Louis County, MN) and on page 50779, under the Wisconsin Metropolitan FMR Areas, the Wisconsin part of the MSA (Douglas County, WI) the correct FMRs for both counties are as follows:

Number of Bedrooms 1998 Fair Market Rent 0 BR 1 BR 2 BR 3 BR 4 BR

Duluth-Superior MN±WI MSA: (St Louis County, MN) ...... $272 $351 $451 $602 $701

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Number of Bedrooms 1998 Fair Market Rent 0 BR 1 BR 2 BR 3 BR 4 BR

(Douglas County, WI) ...... $272 $351 $451 $602 $701

Dated: November 26, 1997. ACTION: Final notification of failure to Doe Run-Herculaneum nonattainment Lawrence L. Thompson, attain; correction. area had failed to attain the National General Deputy Assistant Secretary for Policy Ambient Air Quality Standard for lead Development and Research. SUMMARY: This document corrects an (Pb) by June 30, 1995, as required under [FR Doc. 97–31969 Filed 12–5–97; 8:45 am] error in the EPA’s August 15, 1997, the provisions of the Clean Air Act and BILLING CODE 4210±52±M determination of the Herculaneum, the Missouri State Implementation Plan. Missouri, nonattainment area’s failure to In section I of the document, the table attain the National Ambient Air Quality entitled ‘‘Lead Ambient Air Quality Standard (NAAQS) for lead. ENVIRONMENTAL PROTECTION Data—Vicinity Of The Doe Run Primary AGENCY DATES: This action is effective on Smelter’’ incorrectly denotes the December 8, 1997. Herculaneum monitor as the Asarco 40 CFR Part 52 FOR FURTHER INFORMATION CONTACT: monitor. The table is corrected to read [MO±039±1039; FRL±5929±2] Aaron J. Worstell at (913) 551–7787. as follows: Approval and Promulgation of SUPPLEMENTARY INFORMATION: Lead Ambient Air Quality Data— Implementation Plans; State of I. Background Vicinity of the DOE Run Primary Missouri; Correction Smelter The EPA published a document in the AGENCY: Environmental Protection August 15, 1997, Federal Register (62 Agency (EPA). FR 43647) of the determination that the

CALENDAR QUARTERLY VALUES [Micrograms of lead per cubic meter of air (µg/m3)]

Hi-vol monitor locations S H H H H H H H Date Dunklin Dunklin Golf course North Ursaline Rutz Div. man- Broad 29±099±0 29±099±0 29±099±0 29±099±0 29±099±00 29±099± ager Street 014 005 008 009 10 0011 29±099±0 29±099± 013 0015

1995: 3rd ...... 1.4 1.2 0.3 0.3 0.2 1.0 1.2 4.1 4th ...... 1.9 1.7 0.4 0.8 0.1 1.6 1.3 6.3 1996: 1st ...... 2.3 1.9 0.3 0.4 0.1 1.4 .8 2.3 2nd ...... 1.6 1.2 0.5 0.1 0.2 2.4 0.8 5.7 3rd ...... 0.8 0.6 0.1 0.2 0.3 0.7 0.5 4.0 4th ...... 1.7 1.8 0.1 0.5 0.3 1.4 0.9 1.6 Notes: 1 (S) = State monitor, (H) = Herculaneum monitor. 2 Italicized Quarterly Air Quality Values exceed the National Ambient Air Quality Standard (NAAQS) for lead; the NAAQS for lead is 1.5 µg/m3 and is the arithmetic mean of a series of daily (24-hour) values from hi-vol monitors measuring particulate matter, within a 3-month (calendar quarter) period.

This minor correction does not alter consultation with state officials as rule and other required information to the EPA’s failure to attain specified by Executive Order 12875 (58 the U.S. Senate, the U.S. House of determination, nor does it alter the FR 58093, October 28, 1993), or involve Representatives, and the Comptroller effective date of September 15, 1997, as special consideration of environmental General of the General Accounting specified in the original document. justice related issues as required by Office prior to publication of this rule in Executive Order 12898 (59 FR 7629, today’s Federal Register. This is not a II. Administrative Requirements February 16, 1994). ‘‘major rule’’ as defined by 5 U.S.C. Under Executive Order 12866 (58 FR Because this action is not subject to 804(2). 51735, October 4, 1993), this action is notice-and-comment requirements Authority: 42 U.S.C. 7401—7671q. not a ‘‘significant regulatory action’’ and under the Administrative Procedures Dated: October 29, 1997. is, therefore, not subject to review by the Act or any other statute, it is not subject Office of Management and Budget. In to the provisions of the Regulatory William Rice, addition, this action does not impose Flexibility Act (5 U.S.C. 601 et seq.). Acting Regional Administrator, Region 7. any enforceable duty or contain any Under 5 U.S.C. 801(a)(1)(A) as added [FR Doc. 97–31270 Filed 12–5–97; 8:45 am] unfunded mandate as described in the by the Small Business Regulatory BILLING CODE 6560±50±P Unfunded Mandates Reform Act of 1995 Enforcement Fairness Act of 1996, the (P. L. 104–4), or require prior EPA submitted a report containing this

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Proposed Rules Federal Register Vol. 62, No. 235

Monday, December 8, 1997

This section of the FEDERAL REGISTER Region, Office of the Assistant Chief Commenters wishing the FAA to contains notices to the public of the proposed Counsel, Attention: Rules Docket No. acknowledge receipt of their comments issuance of rules and regulations. The 95–ANE–38, 12 New England Executive submitted in response to this notice purpose of these notices is to give interested Park, Burlington, MA 01803–5299. must submit a self-addressed, stamped persons an opportunity to participate in the Comments may also be sent via the postcard on which the following rule making prior to the adoption of the final rules. Internet using the following address: ‘‘9- statement is made: ‘‘Comments to [email protected]’’. Comments Docket Number 95–ANE–38.’’ The sent via the Internet must contain the postcard will be date stamped and DEPARTMENT OF TRANSPORTATION docket number in the subject line. returned to the commenter. Comments may be inspected at this Availability of NPRMs Federal Aviation Administration location between 8:00 a.m. and 4:30 p.m., Monday through Friday, except Any person may obtain a copy of this 14 CFR Part 39 Federal holidays. NPRM by submitting a request to the FAA, New England Region, Office of the [Docket No. 95±ANE±38] The service information referenced in the proposed rule may be obtained from Assistant Chief Counsel, Attention: RIN 2120±AA64 Pratt & Whitney, Publications Rules Docket No. 95–ANE–38, 12 New Department, Supervisor Technical England Executive Park, Burlington, MA Airworthiness Directives; Pratt & Publications Distribution, M/S 132–30, 01803–5299. Whitney JT9D±7R4 Series Turbofan 400 Main St., East Hartford, CT 06108; Discussion Engines telephone (860) 565–7700, fax (860) A proposal to amend part 39 of the AGENCY: Federal Aviation 565–4503. This information may be Federal Aviation Regulations (14 CFR Administration, DOT. examined at the FAA, New England Region, Office of the Assistant Chief part 39) to add an airworthiness ACTION: Supplemental notice of directive (AD), applicable to Pratt & proposed rulemaking; reopening of Counsel, 12 New England Executive Park, Burlington, MA. Whitney (PW) JT9D–7R4 series turbofan comment period. engines, was published as a notice of FOR FURTHER INFORMATION CONTACT: Tara proposed rulemaking (NPRM) in the SUMMARY: This notice revises an earlier Goodman, Aerospace Engineer, Engine Federal Register on August 23, 1995 (60 proposed airworthiness directive (AD), Certification Office, FAA, Engine and FR 43730). That NPRM would have applicable to Pratt & Whitney (PW) Propeller Directorate, 12 New England required removing webs of material at JT9D–7R4 series turbofan engines, that Executive Park, Burlington, MA 01803– would have required removal of web ten bosses on the diffuser case assembly, 5299; telephone (781) 238–7130, fax performing a fluorescent penetrant material at ten bosses on the diffuser (781) 238–7199. case assembly, inspections, shotpeening inspection (FPI) and x-ray inspection of of the area, and remarking the diffuser SUPPLEMENTARY INFORMATION: the reworked area, performing furnace case assemblies with a new part Comments Invited stress relief if a local stress relief had been previously accomplished, number. That proposal was prompted Interested persons are invited to shotpeening the reworked area, and by reports of cracks in the aft corners of participate in the making of the remarking the diffuser case assemblies the bosses. This action revises the proposed rule by submitting such with a new part number. That NPRM proposed rule by adding initial and written data, views, or arguments as was prompted by reports of cracks at the repetitive on-wing eddy current they may desire. Communications aft corners of bosses on the diffuser case inspections (ECI) of the affected bosses should identify the Rules Docket assembly. No engine failures have for cracks, and replacement, if found number and be submitted in triplicate to resulted from these cracks. The cracks cracked, with serviceable parts. In the address specified above. All occur in webs of material at 10 diffuser addition, this action revises the initial communications received on or before case bosses that were a result of a accomplishment time for the previously the closing date for comments, specified machining operation during original proposed actions. Finally, this action above, will be considered before taking manufacture. The webs of material adds further etches, fluorescent action on the proposed rule. The create stress concentrations that can penetrant inspections (FPIs), x-ray proposals contained in this notice may cause a crack to start. That condition, if inspections, and shotpeening to the be changed in light of the comments not corrected, could result in diffuser shop requirements, and provides an received. case assembly rupture, which could optional terminating action in the form Comments are specifically invited on result in an uncontained engine failure, of a redesigned diffuser case. The the overall regulatory, economic, engine fire, and damage to the aircraft. actions specified by this proposed AD environmental, and energy aspects of Since the issuance of that NPRM, the are intended to prevent diffuser case the proposed rule. All comments FAA received three comments regarding assembly rupture, which could result in submitted will be available, both before the actions proposed by this AD. an uncontained engine failure, engine and after the closing date for comments, One commenter states basic fire, and damage to the aircraft. in the Rules Docket for examination by concurrence with the intent of the AD, DATES: Comments must be received by interested persons. A report but recommends a change in the February 6, 1998. summarizing each FAA-public contact accomplishment time, from the next ADDRESSES: Submit comments in concerned with the substance of this shop visit, not to exceed 6,000 cycles in triplicate to the Federal Aviation proposal will be filed in the Rules service (CIS) after the effective date of Administration (FAA), New England Docket. this AD, to the next diffuser module

VerDate 02-DEC-97 19:03 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\P08DE2.PT1 08dep1 64524 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Proposed Rules disassembly after the effective date of has determined that it is necessary to § 39.13 [Amended] this AD. The commenter states that the reopen the comment period to provide 2. Section 39.13 is amended by original accomplishment time causes an additional opportunity for public adding the following new airworthiness undue scheduling burden, and estimates comment. directive: that an additional $469,608 will be There are approximately 690 engines incurred without the revision to the Pratt & Whitney: Docket No. 95–ANE–38. of the affected design in the worldwide accomplishment time. The FAA Applicability: Pratt & Whitney (PW) JT9D– fleet. The FAA estimates that 137 concurs. The FAA has revised the 7R4 series turbofan engines, installed on but engines would be affected by this not limited to Airbus A300, A310 series, and accomplishment time, and has added Boeing 747, 767 series aircraft. initial and repetitive on-wing and shop proposed AD, that it would take approximately 46 work hours per engine Note 1: This airworthiness directive (AD) eddy current inspections (ECI) of the applies to each engine identified in the bosses to mitigate any additional safety to accomplish the proposed actions, and that the average labor rate is $60 per preceding applicability provision, regardless risk incurred by the extension of the of whether it has been modified, altered, or accomplishment time. work hour. Based on these figures, the repaired in the area subject to the One commenter recommends a total cost impact of the proposed AD on requirements of this AD. For engines that change to the work hours estimate in the U.S. operators is estimated to be have been modified, altered, or repaired so economic analysis. The commenter $378,120. that the performance of the requirements of states that 44 work hours of labor are The regulations proposed herein this AD is affected, the owner/operator must necessary to perform the actions request approval for an alternative method of would not have substantial direct effects compliance in accordance with paragraph (g) required by this AD, instead of the 20 on the States, on the relationship work hours specified in the NPRM, and of this AD. The request should include an between the national government and assessment of the effect of the modification, indicates that 44 work hours is more the States, or on the distribution of alteration, or repair on the unsafe condition consistent with the maintenance power and responsibilities among the addressed by this AD; and, if the unsafe environment of airlines and repair various levels of government. Therefore, condition has not been eliminated, the facilities. The FAA concurs, and has in accordance with Executive Order request should include specific proposed revised the economic analysis actions to address it. 12612, it is determined that this accordingly, but has increased the work Compliance: Required as indicated, unless hours estimate further in this proposal would not have sufficient accomplished previously. supplemental NPRM to include the time federalism implications to warrant the To prevent diffuser case assembly rupture, required to accomplish the additional preparation of a Federalism Assessment. which could result in an uncontained engine actions proposed in this supplemental For the reasons discussed above, I failure, engine fire, and damage to the NPRM. certify that this proposed regulation (1) aircraft, accomplish the following: (a) For assembled diffuser case assembly, In addition, since issuance of the is not a ‘‘significant regulatory action’’ NPRM, the FAA has determined the Part Numbers (P/Ns) 789996, 789996–002, under Executive Order 12866; (2) is not 789996–003, 790541, 790541–002, 790541– need to enhance the AD by adding a ‘‘significant rule’’ under the DOT 003, 798379, 798379–003, 798379–004, further etches, fluorescent penetrant Regulatory Policies and Procedures (44 5000366–002, 5000366–021, 5000366–022, inspections (FPIs), x-ray inspections, FR 11034, February 26, 1979); and (3) if 5004770–01, 5004770–022, and 5004770– and shotpeening to the shop promulgated, will not have a significant 023, perform initial on-wing eddy current requirements. The FAA estimates that inspection (ECI) or initial and repetitive economic impact, positive or negative, an additional two hours of labor will be fluorescent penetrant inspection (FPI) or ECI on a substantial number of small entities necessary to access and perform the shop inspections of the diffuser case bosses enhanced inspection of the diffuser under the criteria of the Regulatory in accordance with PW Service Bulletin (SB) case. The FAA also has determined the Flexibility Act. A copy of the draft No. JT9D–7R4–72–527, Revision 3, dated need to clarify, based on overhaul shop regulatory evaluation prepared for this April 16, 1997, or Revision 2, dated July 12, action is contained in the Rules Docket. 1996, or Revision 1, dated May 3, 1996, concerns regarding repairable diffuser within 250 cycles in service (CIS) after the cases, that cracks under the rail are A copy of it may be obtained by contacting the Rules Docket at the effective date of this AD, as follows: acceptable as long as total weld bead (1) For assembled diffuser cases in the length is less than 1.5 inches. This location provided under the caption shop, that have not been previously supplemental NPRM has been revised ADDRESSES. inspected in accordance with any one of the requirements of the SBs cited in paragraph accordingly to incorporate these List of Subjects in 14 CFR Part 39 changes. (a) of this AD, perform an initial FPI or ECI Finally, this supplemental NPRM Air transportation, Aircraft, Aviation of both rear corners of all 10 diffuser case mounting bosses and 2 case mount pads in references PW Service Bulletin (SB) No. safety, Safety. JT9D–7R4–72–527, Revision 3, dated accordance with any one of the SBs cited in The Proposed Amendment paragraph (a) of this AD, or, April 16, 1997, Revision 2, dated July (i) If cracks are found, perform repairs in 12, 1996, and Revision 1, dated May 3, accordance with the applicable Engine 1996, that describes the on-wing ECIs Accordingly, pursuant to the authority delegated to me by the Manual, Chapter/Section 72–41–02, Repair– required by this AD, and SB No. JT9D– 28. 7R4–72–469, Revision 3, dated January Administrator, the Federal Aviation (ii) Thereafter, perform inspections within 24, 1996, that describes the new shop Administration proposes to amend part 650 CIS since last inspection, in accordance procedures required by this AD. In 39 of the Federal Aviation Regulations with any one of the SBs cited in paragraph addition, installation of diffuser case, (14 CFR part 39) as follows: (a) of this AD. part number 815736, in accordance with (2) For assembled diffuser cases that are PART 39ÐAIRWORTHINESS installed on-wing, that have not been the requirements of PW SB No. JT9D– DIRECTIVES previously inspected in accordance with any 7R4–72–533, dated August 29, 1996, of the requirements of this AD, perform an constitutes terminating action for this 1. The authority citation for part 39 initial ECI of both rear corners of boss six, AD. continues to read as follows: located at the six o’clock position, in Since these changes expand the scope accordance with any one of the SBs cited in of the originally proposed rule, the FAA Authority: 49 U.S.C. 106(g), 40113, 44701. paragraph (a) of this AD:

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(i) If a crack indication is found, borescope maintenance records cannot be located, or Note 2: Information concerning the or FPI the area where the crack was maintenance records indicate that a weld existence of approved alternative methods of indicated, in accordance with any one of the repair with no stress relief or a weld repair compliance with this airworthiness directive, SBs cited in paragraph (a) of this AD. with a local stress relief that has been if any, may be obtained from the Engine Depending on the crack size, accomplish the performed at any of the 10 boss locations or Certification Office. following: 2 mount pad locations, perform furnace (h) Special flight permits may be issued in (A) The diffuser case may continue in stress relief and FPI of the diffuser case accordance with sections 21.197 and 21.199 service provided it is inspected at intervals assemblies in accordance with PW SB No. of the Federal Aviation Regulations (14 CFR not to exceed 50 CIS since last borescope JT9D–7R4–72–469, Revision 3, dated January 21.197 and 21.199) to operate the aircraft to inspection, if the circumferential crack 24, 1996. a location where the requirements of this AD dimension ‘‘B’’, is less than 0.5 inches long, (6) Shotpeen the reworked areas in can be accomplished. and the axial crack dimension ‘‘A’’ is less accordance with PW SB No. JT9D–7R4–72– Issued in Burlington, Massachusetts, on than 0.8 inches long, in accordance with any 469, Revision 3, dated January 24, 1996. November 28, 1997. one of the SBs cited in paragraph (a) of this (7) Remark the diffuser case assembly with Jay J. Pardee, AD. a new part number in accordance with PW (B) The diffuser case may continue in SB No. JT9D–7R4–72–469, Revision 3, dated Manager, Engine and Propeller Directorate, service for a maximum of 5 CIS, if the axial January 24, 1996. Aircraft Certification Service. crack dimension ‘‘A’’ is equal to or greater (c) At the next shop visit, but not to exceed [FR Doc. 97–31967 Filed 12–5–97; 8:45 am] than 0.8 inches but less than or equal to 1.0 6,000 CIS after the effective date of this AD, BILLING CODE 4910±13±U inch, in accordance with any one of the SBs for diffuser case assembly, P/Ns 790541–002, cited in paragraph (a) of this AD. 790541–003, 798379–003, 798379–004, (C) Remove from service prior to further 789996–002, 789996–003, 5000366–021, DEPARTMENT OF TRANSPORTATION flight the diffuser case when the axial crack 5000366–022, 5004770–022, and 5004770– dimension ‘‘A’’ is greater than 1.0 inch, in 023, that have been previously reworked to Federal Aviation Administration accordance with any one of the SBs cited in remove web material at any boss locations paragraph (a) of this AD. prior to the effective date of this AD in 14 CFR Part 71 (ii) Diffuser cases with no cracks at boss accordance with the original issue of PW SB six, perform an ECI at intervals not to exceed No. JT9D–7R4–72–469, dated October 2, [Airspace Docket No. 97±ASO±26] 650 CIS since the last boss 6 inspection, in 1992, accomplish the following: accordance with any one of the SBs cited in (1) Unless maintenance records indicate Proposed Amendment to Class E paragraph (a) of this AD. that x-ray inspections were performed at the Airspace; New Bern, NC (b) At the next diffuser module last shop visit where diffuser case repairs disassembly when all hardware is stripped were accomplished at the 10 boss locations, AGENCY: Federal Aviation off the diffuser case, but not to exceed 6,000 prior to the effective date of this AD, in Administration (FAA), DOT. CIS after the effective date of this AD, inspect accordance with PW JT9D–7R4 Engine ACTION: Notice of proposed rulemaking. diffuser cases, P/Ns 790541, 798379, 789996, Manual, Section 72–41–02, Repair–28, 5004770–01, or 5000366–02, for existence of perform an x-ray inspection of all 10 boss SUMMARY: This notice proposes to web material at ten boss locations, in locations and 2 mount pad locations in amend the Class E airspace area at New accordance with PW SB No. JT9D–7R4–72– accordance with the x-ray requirements of Bern, NC. The required weather 469, Revision 3, dated January 24, 1996. PW JT9D–7R4 Engine Manual, Section 72– observation information is available on (1) Rework the diffuser case assembly in 41–02, Repair–28. a continuous basis to the air traffic accordance with PW SB No. JT9D–7R4–72– (2) Determine if any previous weld repairs control providing service to New Bern, 469, Revision 3, dated January 24, 1996. This have been performed at any of the boss Craven County, NC, Airport. Therefore, rework removes web material at 10 boss locations described in the above SB through the Class E surface area airspace at New locations. reviewing maintenance records. If (2) Perform an etch and an ultra-high maintenance records cannot be located, or Bern, NC, meets the requirement for fluorescent penetrant inspection (FPI) of the maintenance records indicate that a weld modification from part time to reworked areas in accordance with PW SB repair with no stress relief or with a local continuous. No. JT9D–7R4–72–469, Revision 3, dated stress relief has been performed at any of the DATES: Comments must be received on January 24, 1996, to ensure that there are no boss locations, perform furnace stress relief, or before January 7, 1998. crack indications. FPI, and shotpeen diffuser case assemblies in ADDRESSES: Send comments on the (3) If a crack indication is discovered, accordance with PW SB No. JT9D–7R4–72– proposal in triplicate to: Federal repair, and perform an ECI and an FPI in 469, Revision 3, dated January 24, 1996. accordance with Engine Manual Section 72– (d) For the purpose of this AD, shop visit Aviation Administration, Docket No. 41–02, Repair–28, or remove the diffuser case is defined as separation of diffuser case at 97–ASO–26, Manager, Airspace Branch, from service and replace with a serviceable ‘‘K’’ and ‘‘M’’ flanges. ASO–520, P.O. Box 20636, Atlanta, part. (e) For the purpose of this AD, an Georgia 30320. (4) Perform an x-ray inspection of the assembled diffuser case in the shop is The official docket may be examined reworked areas (all 10 boss locations and 2 defined as a diffuser case either mounted or in the Office of the Assistant Chief mount pad locations) in accordance with PW dismounted from the engine, but with Counsel for Southern Region, Room 550, SB No. JT9D–7R4–72–469, Revision 3, dated external hardware removed to perform the 1701 Columbia Avenue, College Park, January 24, 1996, to ensure that there are no inspections. Georgia 30337, telephone (404) 305– crack indications. Additionally, the x-ray (f) Installation of diffuser case, P/N 815736, 5586. inspection is performed to assure that there in accordance with the requirements of PW are no cracks, incomplete fusion, incomplete SB No. JT9D–7R4–72–533, dated August 29, FOR FURTHER INFORMATION CONTACT: penetration, voids, porosity, or inclusions 1996, constitutes terminating action for this Nancy B. Shelton, Airspace Branch, Air from previous local weld repairs. If any of AD. Traffic Division, Federal Aviation these defects are discovered, repair per PW (g) An alternative method of compliance or Administration, P.O. Box 20636, JT9D–7R4 Engine Manual, Section 72–41–02, adjustment of the compliance time that Atlanta, Georgia 30320; telephone (404) Repair–28, or remove the diffuser case from provides an acceptable level of safety may be 305–5581. service and replace with a serviceable part. used if approved by the Manager, Engine (5) Determine if local stress relief was Certification Office. Operators shall submit SUPPLEMENTARY INFORMATION: performed previously, and if weld repairs their requests through an appropriate FAA Comments Invited have been performed at any of the boss Principal Maintenance Inspector, who may locations described in the above SB, through add comments and then send it to the Interested parties are invited to reviewing maintenance records. If Manager, Engine Certification Office. participate in this proposed rulemaking

VerDate 02-DEC-97 19:03 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\P08DE2.PT1 08dep1 64526 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Proposed Rules by submitting such written data, views areas designated as a surface area for an ASO NC E2—New Bern, NC [Revised] or arguments as they may desire. airport are published in Paragraph 6002 New Bern, Craven County Regional Airport, Comments that provide the factual basis of FAA Order 7400.9E dated September NC supporting the views and suggestions 10, 1997, and effective September 16, (Lat 35°04′21′′ N, long. 77°02′37′′ W) presented are particularly helpful in 1997, which is incorporated by New Bern VOR/DME developing reasoned regulatory reference in 14 CFR 71.1. The Class E (Lat 35°04′23′′ N, long 77°02′42′′ W) decisions on the proposal. Comments airspace designations listed in this Within a 4-mile radius of Craven County are specifically invited on the overall document would be published Regional Airport and within 2.4 miles each ° ° regulatory, aeronautical, economic, subsequently in the Order. side of New Bern VOR/DME 038 and 210 environmental, and energy-related radials, extending from the 4-mile radius The FAA has determined that this aspects of the proposal. northeast and southwest of the VOR/DME. Communications should identify the proposed regulation only involves an * * * * * airspace docket and be submitted in established body of technical Issued in College Park, Georgia, on triplicate to the address listed above. regulations for which frequent and November 24, 1997. Commenters wishing the FAA to routine amendments are necessary to Nancy B. Shelton, acknowledge receipt of their comments keep them operationally current. It, Acting Manager, Air Traffic Division, on this notice must submit with those therefore, (1) is not a ‘‘significant Southern Region. comments a self-addressed, stamped regulatory action’’ under Executive [FR Doc. 97–32035 Filed 12–5–97; 8:45 am] postcard on which the following Order 12866; (2) is not a ‘‘significant BILLING CODE 4910±13±M statement is made: ‘‘Comments to rule’’ under DOT Regulatory Policies Airspace Docket No. 97–ASO–26.’’ The and Procedures (44 FR 11034; February postcard will be date/time stamped and 26, 1979); and (3) does not warrant DEPARTMENT OF JUSTICE returned to the commenter. All preparation of a Regulatory Evaluation communications received before the as the anticipated impact is so minimal. Drug Enforcement Administration specified closing date for comments will Since this is a routine matter that will 21 CFR Part 1308 be considered before taking action on only affect air traffic procedures and air the proposed rule. The proposal navigation, it is certified that this rule, [DEA No. 173P] contained in this notice may be changed when promulgated, will not have a in light of the comments received. All significant economic impact on a Schedules of Controlled Substances: comments submitted will be available substantial number of small entities Proposed Placement of Sibutramine for examination in the Office of the under the criteria of the Regulatory Into Schedule IV Flexibility Act. Assistant Chief Counsel for Southern AGENCY: Drug Enforcement Region, Room 550, 1701 Columbia Administration (DEA), Justice. Avenue, College Park, Georgia 30337, List of Subjects in 14 CFR Part 71 ACTION: Notice of proposed rulemaking. both before and after the closing date for Airspace, Incorporation by reference, comments. A report summarizing each Navigation (Air). SUMMARY: This proposed rule is issued substantive public contact with FAA by the Acting Deputy Administrator of personnel concerned with this The Proposed Amendment the DEA to place the substance, rulemaking will be filed in the docket. In consideration of the foregoing, the sibutramine, including its salts and Availability of NPRMs Federal Aviation Administration optical isomers into Schedule IV of the Controlled Substances Act (CSA). This Any person may obtain a copy of this proposes to amend 14 CFR part 71 as follows: proposed action is based on a Notice of Proposed Rulemaking (NPRM) recommendation from the Assistant by submitting a request to the Federal PART 71ÐDESIGNATION OF CLASS A, Secretary for Health of the Department Aviation Administration, Manager, of Health and Human Services (DHHS) Airspace Branch, ASO–520, Air Traffic CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; that sibutramine be added to Schedule Division, P.O. Box 20636, Atlanta, IV and on an evaluation of the relevant Georgia 30320. Communications must AIRWAYS; ROUTES; AND REPORTING POINTS data by the DEA. If finalized, this action identify the notice number of this will impose the regulatory controls and NPRM. Persons interested in being criminal sanctions of Schedule IV on placed on a mailing list for future 1. The authority citation for 14 CFR part 71 continues to read as follows: those who handle sibutramine and NPRMs should also request a copy of products containing sibutramine. Advisory Circular No. 11–2A which Authority: 49 U.S.C. 106(g), 40103, 40113, DATES: describes the application procedure. Comments, objections, and 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– requests for a hearing must be received 1963 Comp., p. 389. The Proposal on or before January 7, 1998. The FAA is considering an § 71.1 [Amended] ADDRESSES: Comments, objections and amendment to part 71 of the Federal requests for a hearing should be 2. The incorporation by reference in Aviation Regulations (14 CFR part 71) to submitted in quintuplicate to the Acting 14 CFR 71.1 of Federal Aviation amend the Class E airspace area at New Deputy Administrator, Drug Administration Order 7400.9E, Airspace Bern, NC. The required weather Enforcement Administration, Designations and Reporting Points, observation information is available on Washington, D.C. 20537, Attn.: DEA dated September 10, 1997, and effective a continuous basis to the air traffic Federal Register Representative/CCR. September 16, 1997, is amended as control facility providing service to New FOR FURTHER INFORMATION CONTACT: follows: Bern, Craven County, NC, Airport. Frank Sapienza, Chief, Drug and Therefore, the Class E surface area Paragraph 6002 Class E airspace areas Chemical Evaluation Section, Drug airspace at New Bern, NC, meets the designated as a surface area for an Enforcement Administration, requirement for modification from part airport. Washington, D.C. 20537, (202) 307– time to continuous. Class E airspace * * * * * 7183.

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SUPPLEMENTARY INFORMATION: (2) Sibutramine has a currently Fairness Act of 1996. This rule will not Sibutramine is an amphetamine accepted medical use in treatment in the result in an annual effect on the analogue pharmacologically similar to United States. economy of $100,000,000 or more; a other anorectic agents that produce (3) Abuse of sibutramine may lead to major increase in costs or prices; or central nervous system stimulation and limited physical dependence and significant adverse effects on amphetamine-like effects in humans psychological dependence relative to competition, employment, investment, and animals. Sibutramine hydrochloride the drugs or other substances in productivity, innovation, or on the will be marketed under the trade name Schedule III. ability of the United States-based of MERIDA as an oral anorectic for the Interested persons are invited to companies to compete with foreign- long term management of obesity. submit their comments, objections or based companies in domestic and requests for a hearing, in writing, with The Acting Deputy Administrator of export markets. the DEA received a letter dated regard to this proposal. Requests for a November 12, 1997 from the Acting hearing should state, with particularity, This rule will not have substantial Assistant Secretary for Health, on behalf the issues concerning which the person direct effects on the States, on the of the Secretary of the DHHS, desires to be heard. All correspondence relationship between the national recommending that the substance, regarding this matter should be government and the States, or on the sibutramine, and salts and isomers submitted to the Acting Deputy distribution of power and thereof, be placed into Schedule IV of Administrator, Drug Enforcement responsibilities among the various the CSA (21 U.S.C. 801 et seq.). Administration, Washington, D.C. levels of government. Therefore, in Enclosed with the letter from the 20537. Attention: DEA Federal Register accordance with E.O. 12612, it is Assistant Secretary was a document Representative/CCR. In the event that determined that this rule, if finalized, prepared by the Food and Drug comments, objections or requests for a does not have sufficient federalism Administration (FDA) entitled ‘‘Basis hearing raise one or more issues which implications to warrant the preparation the Acting Deputy Administrator finds for the Recommendation for Control of of a Federalism Assessment. Sibutramine and its Salts in Schedule IV warrants a hearing, the Acting Deputy of the Controlled Substances Act Administrator shall order a public List of Subjects in 21 CFR Part 1308 (CSA).’’ The document contained a hearing by notice in the Federal Administrative practice and review of the factors which the CSA Register, summarizing the issues to be procedure, drug traffic control, requires the Secretary to consider [21 heard and setting the time for the narcotics, prescription drugs. U.S.C. 811(b)] and the summarized hearing. In accordance with the provisions of recommendations regarding the Under the authority vested in the placement of sibutramine into Schedule the CSA (21 U.S.C. 811(a)), this action is a formal rulemaking on the record Attorney General by section 201(a) of IV of the CSA. after opportunity for a hearing. Such the CSA (21 U.S.C. 811(a)), and The factors considered by the proceedings are conducted pursuant to delegated to the Administrator of the Assistant Secretary for Health with the provisions of 5 U.S.C. 556 and 557 DEA by the Department of Justice respect to the drug sibutramine were: and, as such, are exempt from review by regulations (28 CFR 0.100) and (1) Its actual or relative potential for the Office of Management and Budget redelegated to the Deputy Administrator abuse. pursuant to Executive Order (E.O.) pursuant to 28 CFR 0.104, the Acting (2) Scientific evidence of its 12866, Section 3(d)(1). Deputy Administrator hereby proposes pharmacological effect, if known. The Acting Deputy Administrator, in that 21 CFR part 1308 be amended as (3) The state of current scientific accordance with the Regulatory follows: knowledge regarding the drug or other Flexibility Act (5 U.S.C. 605(b)), has substance. reviewed this proposed rule and by PART 1308Ð[AMENDED] (4) Its history and current pattern of approving it certifies that it will not abuse. have a significant economic impact on 1. The authority citation for 21 CFR (5) The scope, duration, and a substantial number of small-business part 1308 continues to read as follows: significance of abuse. entities. Sibutramine is a new drug in Authority: 21 U.S.C. 811, 812, 871(b) the United States; recent approval of the (6) What, if any, risk there is to the unless otherwise noted. product and its labeling by the FDA will public health. allow it to be marked once it is placed § 1308.14 [Amended] (7) Its psychic or physiological into Schedule IV of the CSA. This dependence liability. proposed rule, if finalized, will allow 2. Section 1308.14 is proposed to be (8) Whether the substance is an these entities to have access to a new amended by redesignating the existing immediate precursor of a substance pharmaceutical product. paragraph (e)(10) as (e)(11) and adding already controlled under the CSA. This rule will not result in the a new paragraph (e)(10) to read as Relying on the scientific and medical expenditure by State, local and tribal follows: evaluation and the recommendation of governments, in the aggregate, or by the § 1308.14 Schedule IV the Assistant Secretary of Health, the private sector, of $100,000,000 or more FDA New Drug Application (NDA) in any one year, and it will not * * * * * approval on November 22, 1997, and a significantly or uniquely affect small (10) Sibutramine ...... 1675 DEA review, the Acting Deputy governments. Therefore, no actions were * * * * * Administrator of the DEA, pursuant to deemed necessary under provisions of Dated: December 2, 1997. sections 201(a) and 201(b) of the Act (21 the Unfunded Mandates Reform Act of James S. Milford, U.S.C. 811(a) and 811(b)), finds that: 1995. Acting Deputy Administrator. (1) Sibutramine has a low potential This rule is not a major rule as [FR Doc. 97–31951 Filed 12–5–97; 8:45 am] for abuse relative to the drugs or other defined by section 804 of the Small substances in Schedule III. Business Regulatory Enforcement BILLING CODE 4410±09±M

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DEPARTMENT OF THE TREASURY the terms and conditions for the sale measured by changes in the CPI,5 that and issuance by the Department of the has occurred since the original issue Fiscal Service Treasury to the public of marketable date of the security. Treasury bills, notes, and bonds. The 31 CFR Part 356 Although the CPI is announced uniform offering circular, in conjunction monthly, a unique ‘‘reference CPI’’ can Sale and Issue of Marketable Book- with offering announcements, be calculated for any particular date represents a comprehensive statement of using an interpolative process described Entry Treasury Bills, Notes, and Bonds 1 (Department of the Treasury Circular, those terms and conditions. in Appendix B of the uniform offering Public Debt Series No. 1±93) In January 1997, the Department circular.6 Each inflation-indexed began issuing a new type of marketable security has a unique reference CPI AGENCY: Bureau of the Public Debt, security, referred to as a Treasury value applicable to the security’s Fiscal Service, Department of the 2 inflation-indexed security, whose original issue date.7 This is the starting Treasury. principal value is adjusted for inflation point for measuring inflation for the ACTION: Proposed rule. as measured by the United States period the security is outstanding. To Government.3 The Department believes SUMMARY: The Department of the calculate interest payments or the the issuance of these new securities will Treasury (‘‘Treasury’’ or ‘‘Department’’) principal value at maturity of an reduce interest costs to the Treasury is proposing for comment an inflation-indexed security, the par over the long term and broaden the amendment to 31 CFR Part 356 amount is adjusted for inflation by types of debt instruments available to (Uniform Offering Circular for the Sale application of an ‘‘index ratio,’’ which investors in U.S. financial markets. and Issue of Marketable Book-Entry is the ratio of the reference CPI Treasury Bills, Notes, and Bonds). This A. Inflation-Indexed STRIPS applicable to the interest payment or proposed amendment includes changes maturity date divided by the reference necessary to make fungible stripped Inflation-indexed securities are CPI applicable to the original issue date. interest components for Treasury eligible for the STRIPS (Separate Stripped principal and interest inflation-indexed securities, which the Trading of Registered Interest and components with the same maturity Department began issuing in January Principal of Securities) program date that are created from securities 1997. In addition, the proposed immediately upon their issuance by the with different issue dates have different amendment makes certain technical Treasury. STRIPS is the Department’s index ratios at maturity. This makes clarifications and conforming changes. program under which eligible securities providing for fungibility of the interest are authorized to be separated into DATES: Comments must be received on components somewhat complicated. principal and interest components or before February 6, 1998. Due to this complexity, inflation- (interest components are also referred to ADDRESSES: Written comments should as ‘‘TINTS’’). Such components are indexed interest components were not be sent to: Government Securities maintained in book-entry accounts, and made fungible when the securities were Regulations Staff, Bureau of the Public transferred separately in the Treasury/ first offered in January 1997. As a result, Debt, 999 E Street N.W., Room 515, Reserve Automated Debt Entry System while the rules currently permit Washington, D.C. 20239–0001. (‘‘TRADES’’ or the commercial book- inflation-indexed securities to be Comments may also be sent via the entry system). Unlike TINTS from fixed- stripped into separate principal and Internet to the Government Securities principal securities, interest interest components, interest Regulations Staff at components stripped from an inflation- components from the outstanding 5-year [email protected]. When sending indexed security are currently not and 10-year inflation-indexed notes are comments via the Internet, please use an fungible (i.e., they are not not fungible even though some ASCII file format and provide your full interchangeable) with interest components would have the same name and mailing address. Comments components stripped from a different maturity (payment) date. In the received will be available for public inflation-indexed security, even if the preamble to the final rule amendments inspection and downloading from the components have the same maturity to accommodate inflation-indexed Internet and for public inspection and (payment) date.4 securities, the Department stated that it copying at the Treasury Department would ‘‘continue to work on making Library, Room 5030, Main Treasury Making such stripped interest interest components fungible in a Building, 1500 Pennsylvania Avenue, components fungible (i.e., manner that is operationally feasible.’’8 N.W., Washington, D.C. 20220. interchangeable and having the same The Department recognizes that making This proposed amendment has also CUSIP number) is a more complicated stripped inflation-indexed interest been made available for downloading process than it is for fixed-principal components fungible is important to from Public Debt’s web site at the interest components because of the way in which inflation-indexed securities following address: 5 CPI refers to the non-seasonally adjusted U.S. www.publicdebt.treas.gov. adjust for inflation. Interest payments City Average All Items Consumer Price Index for FOR FURTHER INFORMATION CONTACT: Ken and the inflation-adjusted principal All Urban Consumers published monthly by the Bureau of Labor Statistics of the U.S. Department Papaj (Director), Chuck Andreatta or amount paid at maturity are calculated based on the amount of inflation, as of Labor. Kurt Eidemiller (Government Securities 6 See 31 CFR Part 356, Appendix B, Section I, Specialists), Department of the Paragraph B, for a detailed explanation of the Treasury, Bureau of the Public Debt, 1 The uniform offering circular was published as indexing process and application of the index ratio a final rule on January 5, 1993 (58 FR 412). The Government Securities Regulations Staff and reference CPI. circular, as amended, is codified at 31 CFR Part 356. 7 If the security’s dated date is different from the (202) 219–3632. 2 To date the Department has issued only original issue date, then the reference CPI for the inflation-indexed notes. 31 CFR Part 356 also SUPPLEMENTARY INFORMATION: dated date is used. See 31 CFR 356.2 for the accommodates offerings of inflation-indexed bonds, definition of dated date. This preamble discussion I. Background which the Department intends to begin issuing in assumes that the original issue date and the dated 1998. date are the same and therefore uses only the term 31 CFR Part 356, also referred to as 3 62 FR 846 (January 6, 1997). original issue date. the uniform offering circular, sets out 4 See 31 CFR 356.31(f). 8 62 FR 846, 848 (January 6, 1997).

VerDate 02-DEC-97 19:03 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\P08DE2.PT1 08dep1 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Proposed Rules 64529 developing a liquid market for these sold on the basis of their adjusted participants and the Department to components. values, regardless of the underlying modify their automated systems to Over the last several months, the security from which they were stripped. accommodate this change. Since the Department has worked with market Similarly, for purposes of reconstituting payment differences are de minimis and participants to develop a methodology an inflation-indexed security from its revenue neutral, the costs of such that will enable interest components separate stripped unmatured interest systems changes would outweigh their stripped from different inflation- and principal components, an investor benefits. Therefore, the Department has indexed securities to be fungible. The could obtain any needed TINTS at the determined not to change its current Department requests comments from adjusted value required for the rounding conventions to eliminate these market participants on the following particular inflation-indexed security to differences. proposed methodology and any related be reconstituted. For example, to D. Minimum and Multiple Amounts for aspects of this proposal. Specifically, reconstitute $1 million of an inflation- Stripping comments are requested on any indexed security with an interest rate of operational issues, including the time 31⁄2% and an issue-date reference CPI of In order to make the calculation of needed to make any necessary 162.00000, a holder would submit to the adjusted values and payment amounts automated system changes, and the Federal Reserve Bank of New York the for inflation-indexed TINTS as precise extent to which making inflation- principal component and all unmatured as possible, adjusted values would be indexed TINTS fungible would help in TINTS, each TINT having an adjusted calculated—and transferred and the continued development of a liquid value of $1 million × (0.035)/2 × (100/ maintained—to the penny (e.g., market for inflation-indexed securities. 162), or $10,802.47. $10,802.47). Therefore, in effect there When a TINT matures, its payment would be no required multiple amounts B. Proposed Methodology for Fungible amount would be calculated by for inflation-indexed TINTS. This is in Inflation-Indexed STRIPS multiplying the adjusted value by the contrast to fixed-principal TINTS, To make TINTS from different reference CPI for the maturity date, which must be transferred and inflation-indexed securities fungible, divided by 100. For example, for an maintained in multiple amounts of the TINTS would be converted to a adjusted value of $10,802.47 and a $1,000. Some market participants that common reference CPI value of 100. maturity-date reference CPI of plan to participate in the inflation- This would be accomplished by 167.00000, the payment amount would indexed STRIPS market might need to calculating an ‘‘adjusted value’’ (see be $10,802.47 × (167/100), or modify their automated systems to sections 356.2 and 356.31(c) of the $18,040.12. The end result is that a accommodate holding Treasury proposed rule). The adjusted value of holder of an inflation-indexed TINT securities to the penny (i.e., to two each TINT would be calculated by stripped from a security of a given par decimal places). multiplying the par amount of the amount would receive, except for a The minimum par amount of a fully- inflation-indexed security to be stripped possible slight difference due to constituted inflation-indexed security by the security’s semiannual interest rounding procedures, a payment that could be submitted to the Federal rate, and then multiplying this amount amount at maturity that is the same as Reserve Bank of New York for stripping by the ratio of 100 divided by the the interest payment received by a would be $1,000, with any larger reference CPI for the security’s original holder of a fully-constituted security of amounts in multiples of $1,000. Except issue date. For example, an inflation- the same par amount.9 for the requirement that they be indexed security with a par amount of expressed to the penny, there would be C. Payment Differences $1 million, an interest rate of 31⁄2%, and no required minimum adjusted value for an issue-date reference CPI of 162.00000 The possible difference in payment the resulting TINTS. This is in contrast would have an adjustment factor for amount between a stripped interest to minimum and multiple stripping each TINT of $1 million × (0.035)/2 × component and an interest payment requirements for fixed-principal (100/162), or $10,802.47. Inflation- from a fully-constituted security results securities, under which, for any given indexed TINTS would be maintained in primarily from rounding the index ratio. interest rate, the fully-constituted accounts and transferred at their The size of the differences is a function security must be submitted in a specific ‘‘adjusted value.’’ This is in contrast to of both the interest rate of the fully- minimum and multiple par amount in stripped principal components, which constituted security and the level of the order to produce TINTS that are would be maintained and transferred at CPI on the payment date. These themselves in minimum and multiple their par amount. differences are quite small. For example, amounts of $1,000.11 All inflation-indexed TINTS with the for an inflation-indexed security with an No changes are being proposed at this same maturity date would have the interest (coupon) rate of 4% or less 10 time to the current STRIPS program for same CUSIP number, regardless of the and a reference CPI of 200 or less on the fixed-principal securities. However, the underlying inflation-indexed security payment date, the maximum payment Department will consider at a later date from which the interest components difference per $1 million of par is $0.11 the desirability of making changes to the were stripped. Such TINTS would be (higher or lower). Over a range of minimum and multiple requirements for considered to be the same security and securities offerings, these payment fixed-principal TINTS similar to the would therefore be fungible. Fungibility differences generally would be revenue proposed requirements for inflation- would apply to TINTS only; stripped neutral—they would benefit neither the indexed TINTS, i.e., discontinuing the principal components would not be Treasury nor STRIPS investors. Further, $1,000 minimum-to-hold and multiple fungible. TINTS from inflation-indexed revising Treasury’s rounding requirement, and permitting fixed- securities would not be fungible with conventions would require market principal TINTS to be held in amounts any interest components stripped from to the penny. fixed-principal securities. 9 In this example, a holder of $1 million of the By converting to adjusted values, all fully-constituted security would receive an interest 11 31 CFR Part 356, Exhibit C includes a table that payment of $18,040.05. provides, for each interest rate from 1⁄8% to 20%, inflation-indexed TINTS having the 10 To date, the interest (coupon) rates on the two the corresponding minimum par amount of the same maturity date would become issues of Treasury inflation-indexed notes have fully-constituted security required to produce fungible. They would be bought and been 33⁄8% and 35⁄8%. TINTS that are in multiples of $1,000.

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E. Index Contingencies inflation-indexed TINTS would justify Appendix B of the uniform offering The CPI is expressed in relative terms the cost and inconvenience of having circular. additional small payment discrepancies, in relation to a particular time base A. Section 356.2—Definitions reference period for which the level is possible automated system changes to set at 100. The current CPI reference accommodate a conversion factor, and The term adjusted value has been period is 1982–84. The Department increased complexity of the rules. added to the listing of definitions in understands that, sometime during the A different index contingency would § 356.2. This term refers specifically to next two years, the Bureau of Labor occur if the Treasury were to replace the interest components stripped from Statistics (BLS) plans to rebase the CPI CPI with a different measure of inflation inflation-indexed securities. for the purpose of indexing securities to a 1993–95 base period. Once this new B. Section 356.31—STRIPS base period goes into effect, subsequent because the CPI was discontinued or issuances of Treasury inflation-indexed ‘‘fundamentally’’ altered as described in Changes have been made to § 356.31 securities would be issued using the the preamble to the final rule to reflect the STRIPS program more new base period. In other words, the amendment to accommodate inflation- completely. The section has been 12 reference CPI of the original issue date indexed securities. The Department is reorganized to distinguish more clearly will reflect the new reference period not aware of any plans to discontinue or the features of fixed-principal STRIPS and thus will generally be a lower fundamentally change the CPI, but it is from inflation-indexed STRIPS. Most of number than the issue-date reference important for market participants to the significant modifications to this CPIs of those inflation-indexed understand the effect that such an event section have been made in paragraph securities issued prior to the effective would have on outstanding inflation- (c), which only discusses inflation- date of the new base reference period. indexed securities. The Department has indexed securities. When this new reference period goes determined that TINTS stripped from Specifically, new paragraph (c)(1) into effect, Treasury understands that inflation-indexed securities issued provides that the minimum and BLS will continue to publish CPI figures under different indices would not be multiple par amount of an inflation- for the 1982–84 base period as well as fungible. indexed security that may be stripped publish figures for the new 1993–95 F. Fungibility of TINTS Created Prior to would be $1,000. New paragraph (c)(2), base period. Interest payments, and Effective Date of Amendment except for a revised title, is essentially principal payments at maturity, for the same as current paragraph (e), since unstripped inflation-indexed securities As of October 31, 1997, none of the the treatment of principal components issued while the 1982–84 base period currently outstanding inflation-indexed stripped from inflation-indexed was in effect will continue to be securities has been stripped. If these securities does not change under this calculated using reference CPI numbers securities were to be stripped prior to proposal. New paragraph (c)(3) derived from this base period. the effective date of a final rule making Allowing inflation-indexed TINTS inflation-indexed TINTS fungible, the describes the calculation of the adjusted issued during one base reference period resulting TINTS would be converted to value for interest components; clarifies to be fungible with those issued during fungible TINTS since it is the that interest components stripped from other base reference periods could Department’s goal, where possible, to inflation-indexed securities would be enhance their liquidity. Fungibility make all TINTS from inflation-indexed maintained and transferred at their could be achieved through, for example, securities fungible. Specifically, if a adjusted value; describes the fungibility the use of a conversion factor that market participant decides to strip an of these components; and explains how would, in effect, transform the adjusted inflation-indexed security prior to the the payment amount would be values of all inflation-indexed TINTS effective date for making STRIPS calculated from the adjusted value. New with 1982–84 base-period reference fungible, Treasury will convert any paragraph (d), which discusses CPIs to values based on the 1993–95 outstanding inflation-indexed TINTS by reconstitution, is essentially the same as base period. However, such a process retiring them and issuing new fungible current paragraph (g) except that the would likely result in additional inflation-indexed TINTS. If necessary, sentence stating that interest payment differences of a similar nature Treasury will provide public notice components stripped from inflation- and magnitude as those described informing participants of the effective indexed securities are not previously. As was the case with those conversion date. Also, detailed interchangeable has been deleted. New payment differences, payment instructions regarding the conversion to paragraph (e) is the same as current differences caused by the transformation fungible STRIPS will be provided. paragraph (h). of adjusted values to a new base period G. Taxation C. Appendix B to Part 356 would generally be revenue neutral over a range of securities offerings. Since, for There are no new tax issues related to A new Section IV has been added to each rebasing, there would be a one- making inflation-indexed TINTS Appendix B to provide the formulas and time conversion for those outstanding fungible. The tax treatment as noted in an example for calculating the adjusted inflation-indexed securities, Treasury current 31 CFR 356.32 applies. value and the payment amount for inflation-indexed TINTS. The previous would provide this conversion factor to II. Section-by-Section Analysis market participants so that they could Section IV has been renumbered as modify their systems accordingly. The This proposed amendment, when Section V. CPI has been rebased approximately finalized, would include the necessary D. Exhibit C to Part 356 every 10 years so, during the maturity revisions to make fungible the stripped period of a 30-year inflation-indexed interest components of marketable The title of Exhibit C has been revised bond, rebasing could occur two or three Treasury inflation-indexed securities. to indicate that the exhibit, which times. The Department solicits comment This rule would amend sections 356.2 contains minimum par amounts of from market participants on whether the and 356.31 and add a new section IV to securities for stripping at various benefits of increased supply, and thus interest rates, applies only to fixed- additional liquidity, of specific fungible 12 62 FR 846, 849 (January 6, 1997). principal STRIPS.

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III. Procedural Requirements (See Appendix B, Section IV, to this part components have CUSIP numbers that This proposed rule does not meet the for an example of how to calculate the are different from the CUSIP number of criteria for a ‘‘significant regulatory adjusted value for interest components any fully-constituted security and any action’’ pursuant to Executive Order stripped from an inflation-indexed principal component. 12866. Although this rule is being security.) (c) Treasury inflation-indexed issued in proposed form to secure the * * * * * securities. (1) Minimum par amounts required for STRIPS. The minimum par benefit of public comment, the notice 3. Section 356.31 is revised to read as amount of an inflation-indexed security and public procedures requirements of follows: that may be stripped into the the Administrative Procedure Act are § 356.31 STRIPS. components described in paragraph (a) inapplicable, pursuant to 5 U.S.C. (a) General. A note or bond may be of this section is $1,000. Any par 553(a)(2). Since no notice of proposed designated in the offering amount to be stripped above $1,000 rulemaking is required, the provisions announcement as eligible for the must be in a multiple of $1,000. of the Regulatory Flexibility Act (5 STRIPS program. At the option of the (2) Principal components. Principal U.S.C. 601, et seq.) do not apply. holder, and generally at any time from components stripped from inflation- There is no new collection of its issue date until its call or maturity, indexed securities are maintained in information contained in this proposed any such security may be ‘‘stripped,’’ accounts, and transferred, at their par rule and, therefore, the Paperwork i.e., divided into separate principal and amount. At maturity, the holder will Reduction Act does not apply. The interest components. A short or long receive the inflation-adjusted principal collections of information in 31 CFR first interest payment and all interest value or the par amount, whichever is Part 356 have been previously approved payments within a callable period are greater. (See § 356.30.) The principal by the Office of Management and not eligible to be stripped from the components have a CUSIP number that Budget under section 3507(d) of the principal component. The CUSIP is different from the CUSIP number of Paperwork Reduction Act of 1995 (44 numbers and payment dates for the the fully-constituted (unstripped) U.S.C. Chapter 35) under control principal and interest components are security. number 1535–0112. Under this Act, an provided in the offering announcement (3) Interest components. Interest agency may not conduct or sponsor, and if not previously announced. components stripped from inflation- a person is not required to respond to, (b) Treasury fixed-principal indexed securities are maintained in a collection of information unless it securities—(1) Minimum par amounts accounts, and transferred, at their displays a valid OMB control number. required for STRIPS. For a fixed- adjusted value, which is derived by List of Subjects in 31 CFR Part 356 principal security to be stripped into the multiplying the semiannual interest rate components described above, the par by the par amount and then multiplying Bonds, Federal Reserve System, amount of the security must be in an this value by 100 divided by the Government securities, Securities. amount that, based on its interest rate, Reference CPI of the original issue date Dated: December 1, 1997. will produce a semiannual interest (or dated date, when the dated date is Gerald Murphy, payment in a multiple of $1,000. Exhibit different from the original issue date). Fiscal Assistant Secretary. C to this part provides the minimum par See Appendix B, Section IV, to this part For the reasons set forth in the amounts required to strip a fixed- for an example of how to calculate an preamble, 31 CFR Chapter II, principal security at various interest adjusted value. When an interest Subchapter B, Part 356, is proposed to rates, as well as the corresponding component is created, the interest be amended as follows: interest payments. Amounts greater than payment date becomes the maturity date the minimum par amount must be in for the component. All such PART 356ÐSALE AND ISSUE OF multiples of that amount. The minimum components with the same maturity MARKETABLE BOOK-ENTRY par amount required to strip a particular date have the same CUSIP number, TREASURY BILLS, NOTES, AND security will be provided in the press regardless of the underlying security BONDS (DEPARTMENT OF THE release announcing the auction results. from which the interest payments were TREASURY CIRCULAR, PUBLIC DEBT (2) Principal components. Principal stripped. All interest components have SERIES NO. 1±93) components stripped from fixed- CUSIP numbers that are different from principal securities are maintained in the CUSIP number of any fully- 1. The authority citation for part 356 accounts, and transferred, at their par constituted security and any principal continues to read as follows: amount. The principal components have component. At maturity, the payment to Authority: 5 U.S.C. 301; 31 U.S.C. 3102, et a CUSIP number that is different from the holder will be derived by seq.; 12 U.S.C. 391. the CUSIP number of the fully- multiplying the adjusted value of the 2. Section 356.2 is amended by constituted (unstripped) security. interest component by the Reference CPI adding in alphabetical order the (3) Interest components. Interest of the maturity date, divided by 100. See definition of ‘‘Adjusted value’’ to read components stripped from fixed- Appendix B, Section IV, to this part for as follows: principal securities are maintained in an example of how to calculate an accounts, and transferred, at their actual payment amount from an § 356.2 Definitions. original payment value, which is adjusted value. * * * * * derived by applying the semiannual (d) Reconstituting a security. Stripped Adjusted value means, for an interest interest rate to the par amount. When an interest and principal components may component stripped from an inflation- interest component is created, the be reconstituted, i.e., restored to their indexed security, an amount derived by interest payment date becomes the fully-constituted form. A principal multiplying the semiannual interest rate maturity date for the component. All component and all related unmatured by the par amount and then multiplying such components with the same interest components, in the appropriate this value by 100 divided by the maturity date have the same CUSIP minimum or multiple amounts or Reference CPI of the original issue date number, regardless of the underlying adjusted values, must be submitted (or dated date, when the dated date is security from which the interest together for reconstitution. Interest different from the original issue date). payments were stripped. All interest components stripped from inflation-

VerDate 02-DEC-97 19:03 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\P08DE2.PT1 08dep1 64532 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Proposed Rules indexed securities are different from Formulas spray booths, and the pressed board interest components stripped from AV=Par (C/2)(100/Ref CPIIssue Date) (rounded industry. Specifically, methylene fixed-principal securities and, to 2 decimals with no intermediate diphenyl diisocyanate (MDI), methyl accordingly, are not interchangeable for rounding) isocyanate (MI), hexamethylene 1,6- reconstitution purposes. PA=AV (Ref CPIDate/100) (rounded to 2 diisocyanate (HDI), and 2,4-toluene decimals with no intermediate rounding) (e) Applicable regulations. Unless diisocyanate (TDI) are the gaseous Example. A 10-year inflation-indexed note pollutants in source emissions to be otherwise provided in this part, notes paying 31⁄2% interest is issued on January 15, and bonds stripped into their STRIPS measured. The test method is entitled, 1999, with the second interest payment on ‘‘A Method for Measuring Isocyanates in components are governed by subparts A, January 15, 2000. The Ref CPI on January 15, Stationary Source Emissions,’’ and will B, and D of part 357 of this chapter. 1999 (Ref CPIIssue Date) is 174.62783, and the be added to 40 CFR Part 51, Appendix Ref CPI on January 15, 2000 (Ref CPIDate) is 4. Appendix B to part 356 is amended 179.86159. Calculate the adjusted value and M, as Test Method 207. This method by revising the list of section headings the payment amount at maturity of the will provide a tool for state and local at the beginning of the appendix to read interest component. governments, representatives of private as follows: Definitions industry, and the U.S. Government to Appendix B to Part 356—Formulas and reliably monitor stationary sources for C=3.50% isocyanate emissions with a validated Tables Par=$1,000,000 stationary source method. Additionally, Ref CPIIssue Date=174.62783 I. Computation of Interest on Treasury Bonds this method will allow the U.S. Ref CPIDate=179.86159 and Notes. Environmental Protection Agency to II. Formulas for Conversion of Fixed- Resolution comply with the requirements of the Principal Security Yields to Equivalent For a par amount of $1 million, the Clean Air Act Amendments of 1990 for Prices. adjusted value of each stripped interest monitoring these hazardous air III. Formulas for Conversion of Inflation- component is $1,000,000 (.035/2)(100/ pollutants. Prior to the development of Indexed Security Yields to Equivalent 174.62783), or $10,021.31 (no intermediate this method, no other ‘‘validated’’ Prices. rounding). IV. Computation of Adjusted Values and For an interest component maturing on method has been available to monitor Payment Amounts for Stripped Inflation- January 15, 2000, the payment amount is these highly reactive hazardous Indexed Interest Components. $10,021.31×(179.86159/100), or $18,024.49 emissions. Isocyanates are used V. Computation of Purchase Price, Discount (no intermediate rounding). extensively in the production of Rate, and Investment Rate (Coupon- * * * * * polyurethane materials such as flexible Equivalent Yield) for Treasury Bills. 6. Exhibit C to Part 356 is amended foam, enamel wire coatings, paint * * * * * by revising the heading to read as formulations, and in binders for the follows: pressed board industry. A public 5. Appendix B to Part 356 is amended hearing will be held, if requested, to by redesignating Section IV as Section V Exhibit C to Part 356—Minimum Par provide interested persons an and adding a new Section IV to read as Amounts for Fixed-Principal STRIPS opportunity for oral presentation of follows: * * * * * data, views, or arguments concerning * * * * * [FR Doc. 97–31953 Filed 12–5–97; 8:45 am] the proposed method. IV. Computation of Adjusted Values and BILLING CODE 4810±39±P DATES: Comments. Comments must be Payment Amounts for Stripped Inflation- received on or before February 23, 1998. Indexed Interest Components Public Hearing. If anyone contacts Note: Valuing an interest component ENVIRONMENTAL PROTECTION EPA requesting to speak at a public stripped from an inflation-indexed security at AGENCY hearing by December 29, 1997, a public its adjusted value enables this interest hearing will be held January 22, 1998 component to be interchangeable (fungible) 40 CFR Part 51 beginning at 10:00 a.m. Persons interested in attending the hearing with other interest components that have the [FRL±5930±6] same maturity date, regardless of the should call the contact mentioned under underlying inflation-indexed security from RIN 2060±AG88 ADDRESSES to verify that a meeting will which the interest components were be held. Preparation, Adoption, and Submittal stripped. The adjusted value provides for Request to Speak at Hearing. Persons of State Implementation Plans; fungibility of these various interest wishing to present oral testimony must Appendix M, Test Method 207 components when buying, selling, or contact EPA by December 29, 1997. transferring them, or when reconstituting an AGENCY: Environmental Protection ADDRESSES: Comments. Comments inflation-indexed security. Agency (EPA). should be submitted (in duplicate if possible) to: Central Docket Section Definitions ACTION: Proposed rule and notice of public hearing. (Mail Code: 6102), Attention: Docket C=the regular annual interest rate, payable Number A–96–06, U.S. Environmental semiannually, e.g., 3.625% (the decimal SUMMARY: The purpose of this proposed Protection Agency, Room M–1500, First 5 equivalent of a 3– ⁄8% interest rate) rule is to add a validated stationary Floor, Waterside Mall, 401 M Street, Par=par amount of the security to be stripped source test method for the measurement S.W., Washington, D.C. 20460. Ref CPIIssue Date=reference CPI for the original of isocyanate emissions from stationary Public Hearing. If anyone contacts issue date (or dated date, when the dated date is different from the original issue sources to the Code of Federal EPA requesting a public hearing, it will date) of the underlying (unstripped) Regulations. This method, validated be held at EPA’s Emission Measurement security according to EPA Method 301 criteria, Center, Research Triangle Park, North Ref CPIDate=reference CPI for the maturity would be used to reliably collect and Carolina. Persons interested in attending date of the interest component analyze gaseous isocyanate emissions the hearing or wishing to present oral AV=adjusted value of the interest component from stationary sources such as flexible testimony should notify Frank Wilshire, PA=payment amount at maturity by Treasury foam manufacturers, automobile paint Methods Branch (MD–44), Air

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Measurements Research Division, On June 7, 1995 a presentation was required to judge whether a regulation National Exposure Research Laboratory, made before members of the Analytical is ‘‘significant’’ and therefore subject to U.S. Environmental Protection Agency, and Environmental Subcommittee of the Office of Management and Budget Research Triangle Park, North Carolina International Isocyanate Institute to (OMB) review and the requirements of 27711, telephone number (919) 541– review the method and address the this Executive Order to prepare a 2785. timetable and procedure for including regulatory impact analysis. The Order Docket. Docket No. A–96–06, the isocyanate method in the Code of defines ‘‘significant regulatory action’’ containing materials relevant to this Federal Regulations (CFR). Members of as one that is likely to result in a rule rulemaking, is available for public the Subcommittee were enthusiastic that may: (1) Have an annual effect on inspection and copying between 8:00 about the method and inquired when it the economy of $100 million or more or a.m. and 5:30 p.m., Monday through might be included in the Code of adversely affect in a material way the Friday, at EPA’s Air Docket Section, Federal Regulations. To date, no economy, a sector of the economy, Room M–1500, First Floor, Waterside technical comments have been received productivity, competition, jobs, the Mall, 401 M Street, S.W., Washington, from other sources. Oral comments have environment, public health or safety, or D.C. 20460. A reasonable fee may be been received by many of those State, local, or tribal governments or charged for copying. requesting copies of the method, communities; (2) create a serious inconsistency or otherwise interfere FOR FURTHER INFORMATION CONTACT: suggesting publication of the method in with an action taken or planned by Frank Wilshire, at the address listed the CFR. This action would establish a another agency; (3) materially alter the under Public Hearing, or Gary reference method for the collection and budgetary impact of entitlements, McAlister, Source Characterization analysis of isocyanates from stationary sources and aid in standardizing grants, user fees, or loan programs, or Group B (MD–19), Emissions the rights and obligation of recipients Monitoring and Analysis Division, U.S. monitoring of isocyanate emissions from these sources. thereof; or (4) raise novel legal or policy Environmental Protection Agency, issues arising out of legal mandates, the Research Triangle Park, North Carolina II. Administrative Requirements President’s priorities, or the principles 27711, telephone number (919) 541– A. Public Hearing set forth in the Executive Order. 1062. Pursuant to the terms of the Executive A public hearing will be held, if SUPPLEMENTARY INFORMATION: Order, this action has been determined requested, to discuss the proposed to be ‘‘not significant.’’ I. The Rulemaking rulemaking in accordance with Section D. Regulatory Flexibility Act A. Summary of Proposed Method 307(d)(5) of the Clean Air Act. Persons wishing to make oral presentations Compliance The U.S. Environmental Protection should contact EPA at the address given The Regulatory Flexibility Act (RFA) Agency, under the authority of Title III in the ADDRESSES section of this generally requires an agency to conduct of the Clean Air Act Amendments of preamble. Oral presentation will be a regulatory flexibility analysis of any 1990, requires the development of a limited to 15 minutes each. Any rule subject to notice and comment validated (per EPA Method 301 criteria) member of the public may file a written rulemaking requirements unless that stationary source sampling and analysis statement with the EPA before, during, Agency certifies that the rule will not method for the following isocyanates: or within 30 days after the hearing. have a significant economic impact on methyl isocyanate, methylene diphenyl Written statements should be addressed a substantial number of small entities. diisocyanate, hexamethylene 1,6- to the Central Air Docket Section Small entities include small businesses, diisocyanate, and 2,4-toluene address given in the ADDRESSES section small not-for-profit enterprises, and diisocyanate. The isocyanate sampling of this preamble. small governmental jurisdictions. This method developed is a modification of A verbatim transcript of the hearing proposed rule would not have a the EPA Method 5 sampling train (no and written statements will be available significant impact on a substantial filter and the addition of impingers), for public inspection and copying number of small entities because the employing impingers and a derivatizing during normal working hours at EPA’s overall impact of these amendments is reagent [1-(2-pyridyl)piperazine in Central Air Docket Section in a net decrease in requirements on all toluene] to immediately stabilize the Washington, D.C. (see ADDRESSES entities including small entities. isocyanates upon collection. Collected section of this preamble). Therefore, I certify that this action will samples are analyzed under laboratory B. Docket not have a significant economic impact conditions sufficient to separate and on a substantial number of small quantify the isocyanates, using high The docket is an organized and entities. performance liquid chromatography complete file of all the information with ultra violet detection. submitted to or otherwise considered by E. Paperwork Reduction Act B. Comments and Responses on Draft the EPA in the development of this The rule does not change any proposed rulemaking. The principal information collection requirements The proposed method is available by purposes of the docket are to: (1) Allow subject of Office of Management and request. Requests should be made to: interested parties to identify and locate Budget review under the Paperwork Frank Wilshire (MD–44), Methods documents so that they can effectively Reduction Act of 1980, 44 U.S.C. 3501 Branch, U.S. Environmental Protection participate in the rulemaking process, et seq. Agency, Research Triangle Park, NC and (2) serve as the record in case of 27711. To date, over thirty-five copies of judicial review except for interagency F. Unfunded Mandates the isocyanate method have been review materials [Section 307(d)(7)(A)]. Under Section 202 of the Unfunded requested by representatives of the Mandates Reform Act of 1995 private sector, state and local C. Office of Management and Budget (‘‘Unfunded Mandates Act’’), signed governments, industry trade Review into law on March 22, 1995, EPA must associations, and the Canadian Under Executive Order 12866 (58 FR prepare a budgetary impact statement to Government. 51735, October 4, 1993), the EPA is accompany any proposed or final rule

VerDate 02-DEC-97 19:03 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\P08DE2.PT1 08dep1 64534 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Proposed Rules that includes a Federal mandate that of the Unfunded Mandates Act do not Appendix M to Part 51—Recommended may result in estimated costs to State, apply to this action. Test Methods for State Implementation local, or tribal governments in the Plans List of Subjects in 40 CFR Part 51 aggregate; or to the private sector, of * * * * * $100 million or more. Under Section Environmental protection, Air 205, EPA must select the most cost- pollution control, Hazardous air Method 207—A Method for effective and least burdensome pollutants, Polyurethane production, Measuring Isocyanates in Stationary alternative that achieves the objectives Flexible foam manufacturing, Enamel Source Emissions. of the rule and is consistent with wire coatings, Manufactured wood Note: This method is not inclusive with statutory requirements. Section 203 products, Isocyanates. respect to specifications (e.g., equipment and requires EPA to establish a plan for supplies) and sampling procedures essential Dated: November 25, 1997. significantly or uniquely impacted by to its performance. Some material is the rule. Carol M. Browner, incorporated by reference from other EPA EPA has determined that the action Administrator. methods. Therefore, to obtain reliable results, proposed today does not include a It is proposed that 40 CFR part 51 be persons using this method should have a Federal mandate that may result in amended to read as follows: thorough knowledge of at least Method 1, Method 2, Method 3, and Method 5 found in estimated costs of $100 million or more 1. The authority citation for part 51 to either State, local, or tribal Part 60 of this title. continues to read as follows: 1.0 Scope and Application. governments in the aggregate, or to the Authority: 42 U.S.C. 7401, 7411, 7412, 1.1 This method is applicable to the private sector, nor does this action collection and analysis of isocyanate significantly or uniquely impact small 7413, 7414, 7470–7479, 7501–7508, 7601, and 7602. compounds from the emissions associated governments, because this action with manufacturing processes. The following contains no requirements that apply to 2. Appendix M to part 51 is amended is a list of the isocyanates and the such governments or impose obligations by adding Method 207 in numerical manufacturing process at which the method upon them. Therefore, the requirements order to read as follows: has been evaluated:

Detection Compound name CAS No. limits a (ng/ Manufacturing process m3)

2,4-Toluene Diisocyanate (TDI) ...... 584±8 106 Flexible Foam Production. 4±9 1,6-Hexamethylene Diisocyanate (HDI) ...... 822±0 396 Paint Spray Booth. 6±0 Methylene Diphenyl Diisocyanate (MDI) ...... 101±6 112 Pressed Board Production. 8±8 Methyl Isocyanate (MI) ...... 624±8 228 Not used in production. 3±9 a Estimated detection limits are based on a sample volume of 1 m3 and a 10-ml sample extraction volume.

2.0 Summary of Method. hardware. All these materials must be Safety and Health Administration (OSHA) 2.1 Gaseous and/or aerosol isocyanates routinely shown to be free from interferences regulations regarding safe handling of the are withdrawn from an emission source at an under conditions of the analysis by preparing chemicals specified in this method. A isokinetic sampling rate and are collected in and analyzing laboratory method (or reagent) reference file of material safety data sheets a multicomponent sampling train. The blanks. should also be made available to all primary components of the train include a 4.3.1 Glassware must be cleaned personnel involved in the chemical analysis. heated probe, three impingers containing the thoroughly before using. The glassware Additional references to laboratory safety are derivatizing reagent in toluene, an empty should be washed with laboratory detergent available. impinger, an impinger containing charcoal in hot water followed by rinsing with tap 6.0 Equipment and Supplies. and an impinger containing silica gel. water and distilled water. The glassware may 6.1 Sample Collection. The following 2.2 The impinger contents are be cleaned by baking in a glassware oven at items are required for sample collection: concentrated to dryness under vacuum, 400 °C for at least one hour. After the 6.1.1 A schematic of the sampling train brought to volume with acetonitrile (ACN) glassware has cooled, the glassware should used in this method is shown in Figure 207– and analyzed with a high pressure liquid be rinsed three times with methylene 1. This sampling train configuration is chromatograph (HPLC). chloride and three times with acetonitrile. adapted from EPA Method 5 procedures, and, 3.0 Definitions. Not Applicable. Volumetric glassware should not be heated to as such, most of the required equipment is 4.0 Interferences. 400 °C. Instead, after washing and rinsing, identical to that used in EPA Method 5 4.1 The greatest potential for interference volumetric glassware may be rinsed with determinations. The only new component comes from an impurity in the derivatizing ACN followed by methylene chloride and required is a condenser coil. reagent, 1-(2-pyridyl)piperazine (1,2-PP). allowed to dry in air. 6.1.2 Construction details for the basic This compound may interfere with the 4.3.2 The use of high purity reagents and train components are given in APTD–0581 resolution of MI from the peak attributed to solvents helps to reduce interference (see Martin, 1971, in Section 16.0, unreacted 1,2-PP. problems in sample analysis. References); commercial models of this 4.2 Other interferences that could result 5.0 Safety. equipment are also available. Additionally, in positive or negative bias are; (1) alcohols 5.1 The toxicity of each reagent has been the following subsections list changes to that could compete with the 1,2-PP for precisely defined. Each isocyanate can APTD–0581 and identify allowable train reaction with an isocyanate; and (2) other produce dangerous levels of hydrogen configuration modifications. compounds that may coelute with one or cyanide (HCN). The exposure to these 6.1.3 Basic operating and maintenance more of the derivatized isocyanates. chemicals must be reduced to the lowest procedures for the sampling train are 4.3 Method interferences may be caused possible level by whatever means available. described in APTD–0576 (see Rom, 1972, in by contaminants in solvents, reagents, The laboratory is responsible for maintaining Section 16.0, References). As correct usage is glassware, and other sample processing a current awareness file of Occupational important in obtaining valid results, all users

VerDate 02-DEC-97 19:03 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\P08DE2.PT1 08dep1 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Proposed Rules 64535 should refer to APTD–0576 and adopt the and third. The fourth impinger remains should be stored separately in the test operating and maintenance procedures empty. The fifth impinger is filled with a program archives. outlined therein unless otherwise specified. known amount (2⁄3 full) of activated charcoal 6.2 Sample Recovery. The following The sampling train consists of the and the sixth with a known amount of items are required for sample recovery: components detailed below. desiccant. A water-jacketed condenser is 6.2.1 Probe Liner. Probe and nozzle 6.1.3.1 Probe Nozzle. Glass with sharp, placed between the outlet of the first brushes; Teflon bristle brushes with tapered (30° angle) leading edge. The taper impinger and the inlet to the second stainless steel wire or Teflon handles are shall be on the outside to preserve a constant impinger to reduce the evaporation of required. The probe brush shall have internal diameter. The nozzle shall be toluene from the first impinger. extensions constructed of stainless steel, buttonhook or elbow design. A range of 6.1.3.6 Metering System. The necessary Teflon, or inert material at least as long as nozzle sizes suitable for isokinetic sampling components are a vacuum gauge, leak-free the probe. The brushes shall be properly should be available in increments of 0.16 cm pump, temperature sensors capable of sized and shaped to brush out the probe liner (1⁄16 in.), e.g., 0.32–1.27 cm (1⁄8–1⁄2 in.), or measuring temperature to within 3 °C (5.4 and the probe nozzle. larger if higher volume sampling trains are °F), dry-gas meter capable of measuring 6.2.2 Wash Bottles. Three. Teflon or used. Each nozzle shall be calibrated volume to within 1%, and related equipment, glass wash bottles are recommended; according to the procedures outlined in as shown in Figure 207–1. At a minimum, polyethylene wash bottles should not be used Paragraph 10.1. the pump should be capable of four cubic because organic contaminants may be 6.1.3.2 Probe liner. Borosilicate or quartz- feet per minute (cfm) free flow, and the dry- extracted by exposure to organic solvents glass tubing with a heating system capable of gas meter should have a recording capacity used for sample recovery. maintaining a probe gas temperature of of 0–999.9 cubic feet (cu ft) with a resolution 6.2.3 Glass Sample Storage Containers. 120±14 °C (248±25 °F) at the exit end during of 0.005 cu ft. Other metering systems Chemically resistant, borosilicate amber glass sampling. (The tester may opt to operate the capable of maintaining sampling rates within bottles, 500-mL or 1,000-mL. Bottles should equipment at a temperature lower than that 10% of isokineticity and of determining be tinted to prevent the action of light on the specified.) Because the actual temperature at sample volumes to within 2% may be used. sample. Screw-cap liners shall be either the outlet of the probe is not usually The metering system must be used with a Teflon or constructed to be leak-free and monitored during sampling, probes pitot tube to enable checks of isokinetic resistant to chemical attack by organic constructed according to APTD–0581 and sampling rates. Sampling trains using recovery solvents. Narrow-mouth glass using the calibration curves of APTD–0576 metering systems designed for flow rates bottles have been found to leak less (or calibrated according to the procedure higher than those described in APTD–0581 frequently. outlined in APTD–0576) are considered and APTD–0576 may be used, if the 6.2.4 Graduated Cylinder and/or acceptable. Either borosilicate or quartz glass specifications of this method are met. Balances. To measure impinger contents to probe liners may be used for stack 6.1.3.7 Barometer. Mercury, aneroid, or the nearest 1 ml or 1 g. Graduated cylinders temperatures up to about 480 °C (900 °F). other barometer capable of measuring shall have subdivisions not >2 mL. Quartz glass liners shall be used for atmospheric pressure to within 2.5 mm Hg Laboratory balances capable of weighing to temperatures between 480 and 900 °C (900 (0.1 in. Hg). Often the barometric reading ±0.5 g or better are required. and 1650 °F). (The softening temperature for may be obtained from a nearby National 6.2.5 Plastic Storage Containers. Screw- borosilicate is 820 °C (1508 °F), and for Weather Service station, in which case the cap polypropylene or polyethylene quartz glass 1500 °C (2732 °F).) Water-cooling station value (which is the absolute containers to store silica gel and charcoal. of the stainless steel sheath will be necessary barometric pressure) is requested and an 6.2.6 Funnel and Rubber Policeman. To at temperatures approaching and exceeding adjustment for elevation differences between aid in transfer of silica gel or charcoal to 500 °C. the weather station and sampling point is container (not necessary if silica gel is 6.1.3.3 Pitot tube. Type S, as described in applied at a rate of minus 2.5 mm Hg (0.1 in. weighed in field). Section 2.1 of promulgated EPA Method 2 or Hg) per 30-m (100 ft) elevation increase (vice 6.2.7 Funnels. Glass, to aid in sample other appropriate devices (see Vollaro, 1976 versa for elevation decrease). recovery. in Section 16.0, References). The pitot tube 6.1.3.8 Gas density determination 6.3 Crushed Ice. Quantities ranging from shall be attached to the probe to allow equipment. Temperature sensor and pressure 10–50 lb may be necessary during a sampling constant monitoring of the stack-gas velocity. gauge (as described in Sections 2.3 and 2.4 run, depending on ambient air temperature. The impact (high-pressure) opening plane of of EPA Method 2, and gas analyzer, if 6.4 Stopcock Grease. The use of silicone the pitot tube shall be even with or above the necessary (as described in EPA Method 3). grease is not permitted. Silicone grease usage nozzle entry plane (see EPA Method 2, Figure The temperature sensor ideally should be is not necessary if screw-on connectors and 2–6b) during sampling. The Type S pitot tube permanently attached to the pitot tube or Teflon sleeves or ground-glass joints are assembly shall have a known coefficient, sampling probe in a fixed configuration such used. determined as outlined in Section 4.0 of that the tip of the sensor extends beyond the 6.5 Sample Analysis. The following items promulgated EPA Method 2. leading edge of the probe sheath and does not are required for sample analysis. 6.1.3.4 Differential Pressure Gauge. touch any metal. Alternatively, the sensor 6.5.1 Rotary Evaporator. Buchii Model Inclined manometer or equivalent device as may be attached just before use in the field. EL–130 or equivalent. described in Section 2.2 of promulgated EPA Note, however, that if the temperature sensor 6.5.2 1000 ml round bottom flask for use Method 2. One manometer shall be used for is attached in the field, the sensor must be with a rotary evaporator. velocity-head (delta P) readings and the other placed in an interference-free arrangement 6.5.3 Separatory Funnel. 500-ml or larger, for orifice differential pressure (delta H) with respect to the Type S pitot tube with Teflon Stopcock. readings. openings (see promulgated EPA Method 2, 6.5.4 Glass Funnel. Short stemmed or 6.1.3.5 Impinger Train. Six 500 mL Figure 2–7. As a second alternative, if a equivalent. impingers are connected in series with leak- difference of no more than 1% in the average 6.5.5 Vials. 15-ml capacity with Teflon free ground-glass joints following velocity measurement is to be introduced, the lined caps. immediately after the heated probe. The first temperature sensor need not be attached to 6.5.6 Class A Volumetric Flasks. 10-ml impinger shall be of the Greenburg-Smith the probe or pitot tube. for bringing samples to volume after design with the standard tip. The remaining 6.1.3.9 Calibration/Field-Preparation concentration. five impingers shall be of the modified Record. A permanent bound laboratory 6.5.7 Filter Paper. Scientific Products Greenburg-Smith design, modified by notebook, in which duplicate copies of data Grade 370 Qualitative or equivalent. replacing the tip with a 1.3-cm (1⁄2-in.) I.D. may be made as they are being recorded, is 6.5.8 Buchner Funnel. Porcelain with 100 glass tube extending about 1.3 cm (1⁄2 in.) required for documenting and recording mm ID or equivalent. from the bottom of the outer cylinder. The calibrations and preparation procedures (i.e., 6.5.9 Erlenmeyer Flask. 500-ml with side first, second and third impingers shall silica gel tare weights, quality assurance/ arm and vacuum source. contain known quantities of the derivatizing quality control check results, dry-gas meter, 6.5.10 HPLC with at least a binary reagent in toluene with the first impinger and thermocouple calibrations, etc.). The pumping system capable of a programmed containing 300 mL and 200 mL in the second duplicate copies should be detachable and gradient.

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6.5.11 Column. Alltech Altima C18, 250 toluene at a concentration of 40 mg/300 ml. contamination can occur covered with mm × 4.6 mm ID, 5µm particle size (or This solution is used for method blanks and Teflon film or aluminum foil until just equivalent). method spikes. before assembly or until sampling is about to 6.5.12 Guard Column. Alltech Hypersil 7.3.10 Ammonium Acetate Buffer begin. ODS C18, 10 mm × 4.6 mm ID, 5µm particle Solution (AAB). Prepare a solution of 8.3.2 Place 300 ml of the impinger size (or equivalent). ammonium acetate in water at a absorbing solution in the first impinger and 6.5.13 UV detector at 254 nm. concentration of 0.1 M by transferring 7.705 200 ml each in the second and third 6.5.14 Data system for measuring peak g of ammonium acetate to a 1000 ml impingers. The fourth impinger shall remain areas and retention times. volumetric flask and diluting to volume with empty. The fifth and sixth impingers shall 7.0 Reagents and Standards. HPLC Grade water. Adjust pH to 6.2 with have 400 g of preweighed charcoal and 200– 7.1 Sample Collection Reagents. glacial acetic acid. 300 g of silica gel, respectively. 7.1.1 Charcoal. Activated, 6–16 mesh. 8.0 Sample Collection, Preservation, 8.3.3 When glass probe liners are used, Used to absorb toluene vapors and prevent Storage and Transport. install the selected nozzle using a Viton-A them from entering the metering device. Use 8.1 Because of the complexity of this O-ring when stack temperatures are <260 °C once with each train and discard. method, field personnel should be trained in (500 °F) and a woven glass-fiber gasket when 7.1.2 Silica Gel. Indicating type, 6–16 and experienced with the test procedures in temperatures are higher. See APTD–0576 mesh. If previously used, dry at 175 °C (350 order to obtain reliable results. (Rom, 1972) for details. Other connecting °F) for 2 hours before using. New silica gel 8.2 Preliminary Field Determinations. systems using Teflon ferrules may be used. may be used as received. Alternatively, other 8.2.1 Select the sampling site and the Mark the probe with heat-resistant tape or by types of desiccants (equivalent or better) may minimum number of sampling points another method to denote the proper distance be used, subject to the approval of the according to EPA Method 1 or as specified into the stack or duct for each sampling Administrator. by the Administrator. Determine the stack point. 7.1.3 Impinger Solution. The impinger pressure, temperature, and range of velocity 8.3.4 Set up the train as shown in Figure solution is prepared in the laboratory by heads using EPA Method 2. It is 207–1. During assembly, do not use any mixing a known amount of 1-(2-pyridyl) recommended that a leak-check of the pitot silicone grease on ground-glass joints. piperazine (purity 99.5+ %) in toluene (HPLC lines (see promulgated EPA Method 2, Connect all temperature sensors to an grade or equivalent). The actual Section 3.1) be performed. Determine the appropriate potentiometer/display unit. concentration of 1,2-PP should be stack gas moisture content using EPA Check all temperature sensors at ambient approximately four times the amount needed Approximation Method 4 or its alternatives temperature. to ensure that the capacity of the derivatizing to establish estimates of isokinetic sampling- 8.3.5 Place crushed ice around the solution is not exceeded. This amount shall rate settings. Determine the stack-gas dry impingers. be calculated from the stoichiometric molecular weight, as described in 8.3.6 Turn on the condenser coil coolant relationship between 1,2-PP and the promulgated EPA Method 2, Section 3.6. If recirculating pump and begin monitoring the isocyanate of interest and preliminary integrated EPA Method 3 sampling is used gas entry temperature. Ensure proper gas information about the concentration of the for molecular weight determination, the entry temperature before proceeding and isocyanate in the stack emissions. A integrated bag sample shall be taken µ again before any sampling is initiated. It is concentration of 130 g/ml of 1,2-PP in simultaneously with, and for the same total important that the gas entry temperature not toluene can be used as a reference point. This length of time as, the sample run. exceed 50 °C (122 °F), thus reducing the loss solution should be prepared in the 8.2.2 Select a nozzle size based on the of toluene from the first impinger. laboratory, stored in a refrigerated area away range of velocity heads so that changing the 8.3.7 Turn on and set the probe heating from light, and used within ten days of nozzle size in order to maintain isokinetic systems at the desired operating preparation. sampling rates is not necessary. During the temperatures. Allow time for the temperature 7.2 Sample Recovery Reagents. run, do not change the nozzle. Ensure that to stabilize. 7.2.1 Toluene. Distilled-in-glass grade is the proper differential pressure gauge is 8.4 Leak-Check Procedures. required for sample recovery and cleanup chosen for the range of velocity heads 8.4.1 Pre-test leak-check. (see Note to 7.2.2 below). encountered (see Section 2.2 of promulgated 8.4.1.1 Because the additional connection 7.2.2 Acetonitrile. Distilled-in-glass grade EPA Method 2). in the train (over the EPA Method 5 Train) is required for sample recovery and cleanup. 8.2.3 Select a suitable probe liner and increases the possibility of leakage, a pre-test Note: Organic solvents from metal probe length so that all traverse points can leak-check is required. containers may have a high residue blank be sampled. For large stacks, to reduce the 8.4.1.2 After the sampling train has been and should not be used. Sometimes suppliers length of the probe, consider sampling from assembled, turn on and set the probe heating transfer solvents from metal to glass bottles; opposite sides of the stack. systems at the desired operating thus blanks shall be run before field use and 8.2.4 A typical sample volume to be temperatures. Allow time for the only solvents with a low blank value collected is 1 dscm (35.31 dscf). The sample temperatures to stabilize. If a Viton A O-ring (<0.001%) shall be used. volume can be adjusted as required by or other leak-free connection is used in 7.3 Reagent grade chemicals should be analytical detection limit constraints and/or assembling the probe nozzle to the probe used in all tests. All reagents shall conform estimated stack concentrations. A maximum liner, leak-check the train at the sampling site to the specifications of the Committee on limit should be determined to avoid by plugging the nozzle and pulling a 381-mm Analytical Reagents of the American exceeding the capacity of the reagent. Hg (15-in. Hg) vacuum. Leakage rates greater Chemical Society, where such specifications 8.2.5 Determine the total length of than 4% of the average sampling rate or are available. sampling time needed to obtain the identified >0.00057 m3/min (0.020 cfm), whichever is 7.3.1 Toluene, C6H5CH3. HPLC Grade or minimum volume by comparing the less, are unacceptable. equivalent. anticipated average sampling rate with the Note: A lower vacuum may be used, if it 7.3.2 Acetonitrile, CH3CN (ACN). HPLC volume requirement. Allocate the same time is not exceeded during the test. Grade or equivalent. to all traverse points defined by EPA Method 7.3.3 Methylene Chloride, CH2CL2. HPLC 1. To avoid timekeeping errors, the length of 8.4.1.3 The following leak-check Grade or equivalent. time sampled at each traverse point should instructions for the sampling train described 7.3.4 Hexane, C6H14. Pesticide Grade or be an integer or an integer plus one-half min. in APTD–0576 and APTD–0581 may be equivalent. 8.2.6 In some circumstances (e.g., batch helpful. Start the pump with the fine-adjust 7.3.5 Water, H2O. HPLC Grade or cycles) sampling for shorter times at the valve fully open and the coarse-adjust valve equivalent. traverse points may be necessary and to completely closed. Partially open the coarse- 7.3.6 Ammonium Acetate, CH3CO2NH4. obtain smaller gas-sample volumes. In these adjust valve and slowly close the fine-adjust 7.3.7 Acetic Acid (glacial), CH3CO2H. cases, the Administrator’s approval must first valve until the desired vacuum is reached. 7.3.8 1-(2-Pyridyl) piperazine, (1,2-pp). be obtained. Do not reverse direction of the fine-adjust Aldrich, 99.5+% or equivalent. 8.3 Preparation of Sampling Train. valve; this will cause impinger contents to 7.3.9 Absorption Solution. Prepare a 8.3.1 During preparation and assembly of back up in the train. If the desired vacuum solution of 1-(2-pyridyl) piperazine in the sampling train, keep all openings where is exceeded, either leak-check at this higher

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Hg or less, vibrations and temperature changes, make 8.6.1 Preparation. immediately close the coarse-adjust valve. periodic checks during the traverse. 8.6.1.1 Proper cleanup procedure begins Switch off the pumping system and reopen 8.5.3 Clean the stack access ports before as soon as the probe is removed from the the fine-adjust valve. Do not reopen the fine- the test run to eliminate the chance of stack at the end of the sampling period. adjust valve until the coarse-adjust valve has collecting deposited material. To begin Allow the probe to cool. When the probe can been closed. This prevents the reagent in the sampling, verify that the probe heating be handled safely, wipe off all external impingers from being forced backward into system is at the specified temperature, particulate matter near the tip of the probe the probe and silica gel from being entrained remove the nozzle cap, and verify that the nozzle and place a cap over the tip to prevent backward into the fifth impinger. pitot tube and probe are properly positioned. losing or gaining particulate matter. Do not 8.4.2 Leak-Checks During Sampling Run. Position the nozzle at the first traverse point, cap the probe tip tightly while the sampling 8.4.2.1 If, during the sampling run, a with the tip pointing directly into the gas train is cooling down because this will create component change becomes necessary, a stream. Immediately start the pump and a vacuum in the train. leak-check shall be conducted immediately adjust the flow to isokinetic conditions. 8.6.1.2 Before moving the sample train to after the interruption of sampling and before Nomographs, which aid in the rapid the cleanup site, remove the probe from the the change is made. The leak-check shall be adjustment of the isokinetic sampling rate sample train and cap the open outlet, being done according to the procedure outlined in without excessive computations, are careful not to lose any condensate that might Paragraph 8.4.1, except that it shall be done available. These nomographs are designed for be present. Cap the impinger inlet. Remove at a vacuum greater than or equal to the use when the Type S pitot-tube coefficient is the umbilical cord from the last impinger and ± maximum value recorded up to that point in 0.84 0.02 and the stack-gas equivalent cap the impinger. the test. If the leakage rate is no greater than density (dry molecular weight) is equal to ± 8.6.1.3 Transfer the probe and the 0.00057 m3/min (0.020 cfm) or 4% of the 29 4. APTD–0576 details the procedure for impinger/condenser assembly to the cleanup average sampling rate (whichever is less), the using the nomographs. If the stack-gas area. This area should be clean and protected results are acceptable, and no correction will molecular weight and the pitot-tube from the weather to reduce sample need to be applied to the total volume of dry coefficient are outside the above ranges, do contamination or loss. gas metered. If a higher leakage rate is not use the nomographs unless appropriate 8.6.1.4 Save a portion of all washing steps (Shigehara, 1974, in Section 16.0, obtained, the tester shall void the sampling solutions (toluene/acetonitrile) used for the References) are taken to compensate for the run. cleanup as a blank. Transfer 200 ml of each deviations. solution directly from the wash bottle being Note: Any ‘‘correction’’ of the sample 8.5.4 When the stack is under significant used and place each in a separate, prelabeled volume by calculation reduces the integrity negative pressure (equivalent to the height of glass sample container. of the pollutant concentration data generated the impinger stem), take care to close the and must be avoided. coarse-adjust valve before inserting the probe 8.6.1.5 Inspect the train prior to and 8.4.2.2 Immediately after a component into the stack, to prevent the impinger during disassembly and note any abnormal change, and before sampling is restarted, a solutions from backing into the probe. If conditions. leak-check similar to a pre-test leak-check necessary, the pump may be turned on with 8.6.2 Sample Containers. must also be conducted. the coarse-adjust valve closed. 8.6.2.1 Container No. 1. With the aid of 8.4.3 Post-Test Leak-Check. 8.5.5 When the probe is in position, block an assistant, rinse the probe/nozzle first with 8.4.3.1 A leak-check of the sampling train off the openings around the probe and stack toluene and then with acetonitrile by tilting is mandatory at the conclusion of each access port to prevent unrepresentative and rotating the probe while squirting the sampling run. The leak-check shall be dilution of the gas stream. solvent into the upper end of the probe so performed with the same procedures as those 8.5.6 Traverse the stack cross section, as that all of the surfaces are wetted with with the pre-test leak-check, except that it required by EPA Method 1 or as specified by solvent. When using these solvents insure shall be conducted at a vacuum greater than the Administrator, being careful not to bump that proper ventilation is available. Let the or equal to the maximum value reached solvent drain into the container. If particulate the probe nozzle into the stack walls when  during the sampling run. If the leakage rate sampling near the walls or when removing or is visible, use a Teflon brush to loosen/ is no greater than 0.00057 m3/min (0.020 inserting the probe through the access port, remove the particulate and follow with a cfm) or 4% of the average sampling rate in order to reduce the chance of extracting second rinse of each solvent. After weighing (whichever is less), the results are acceptable, deposited material. the contents of the first impinger, add it to and no correction need be applied to the total 8.5.7 During the test run, make periodic container No. 1 along with the toluene and volume of dry gas metered. If, however, a adjustments to keep the temperature of the acetonitrile rinses of the impinger. higher leakage rate is obtained, the tester condenser at the proper levels; add more ice (Acetonitrile will always be the final rinse.) shall either record the leakage rate, correct and, if necessary, salt to maintain the If two liquid layers are present add both to the sample volume (as shown in Section 6.3 temperature. Also, periodically check the the container. After all components have of Method 5), and consider the data obtained level and zero of the manometer. been collected in the container, seal the of questionable reliability, or void the 8.5.8 A single train shall be used for the container, mark the liquid level on the bottle sampling run. entire sample run, except in cases where and add the proper label. 8.5 Sampling-Train Operation. simultaneous sampling is required in two or 8.6.2.2 Container No. 2. After weighing 8.5.1 During the sampling run, maintain more separate ducts or at two or more the contents of the second, third and fourth an isokinetic sampling rate to within 10% of different locations within the same duct, or impingers, add them to container No. 2 along true isokinetic, unless otherwise specified by in cases where equipment failure requires a with the toluene and acetonitrile rinses of the the Administrator. change of trains. In all other situations, the impingers, the condenser and all connecting 8.5.2 For each run, record the data use of two or more trains will be subject to glassware. After all components have been required on a data sheet such as the one the approval of the Administrator. collected in the container, seal the container, shown in Figure 207–2. Be sure to record the 8.5.9 At the end of the sample run, close mark the liquid level on the bottle and add initial dry-gas meter reading. Record the dry- the coarse-adjust valve, remove the probe and the proper label. gas meter readings at the beginning and end nozzle from the stack, turn off the pump, 8.6.3 The contents of the fifth and sixth of each sampling time increment, when record the final dry-gas meter reading, and impingers (charcoal and silica gel) can be changes in flow rates are made before and conduct a post-test leak-check. Also, leak- discarded after they have been weighed. after each leak-check, and when sampling is check the pitot lines as described in EPA 8.6.4 Sample Preparation for Shipment. halted. Take other readings shown by Figure Method 2. The lines must pass this leak- Prior to shipment, recheck all sample 207–2 at least once at each sample point check in order to validate the velocity-head containers to ensure that the caps are well during each time increment and additional data. secured. Seal the lids with Teflon tape. Ship

VerDate 02-DEC-97 19:03 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\P08DE2.PT1 08dep1 64538 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Proposed Rules all samples upright, packed in ice, using the 10.2 Pitot Tube Assembly. The Type S 10.5 Temperature Sensors. Each proper shipping materials as prescribed for pitot tube assembly shall be calibrated thermocouple must be permanently and hazardous materials. The samples must be according to the procedure outlined in uniquely marked on the casing; all mercury- stored at 4°C between the time of sampling Section 4 of promulgated EPA Method 2, or in-glass reference thermometers must and concentration. Each sample should be assigned a nominal coefficient of 0.84 if it is conform to ASTM E–1 63 specifications. extracted and concentrated within 30 days not visibly nicked, dented, or corroded and Thermocouples should be calibrated in the after collection and analyzed within 30 days if it meets design and intercomponent laboratory with and without the use of after extraction. The extracted sample must spacing specifications. extension leads. If extension leads are used be stored at 4°C. 10.3 Metering System. in the field, the thermocouple readings at 9.0 Quality Control. 10.3.1 Before its initial use in the field, ambient air temperatures, with and without 9.1 Sampling. See EPA Manual 600/4– the metering system shall be calibrated the extension lead, must be noted and 77–027b for Method 5 quality control. according to the procedure outlined in recorded. Correction is necessary if the use 9.1.1 Field Blanks. Field blanks must be APTD–0576. Instead of physically adjusting of an extension lead produces a change submitted with the samples collected at each the dry-gas meter dial readings to correspond >1.5%. sampling site. The field blanks include the to the wet-test meter readings, calibration 10.5.1 Dry-gas meter thermocouples. For sample bottles containing aliquots of sample factors may be used to correct the gas meter the thermocouples used to measure the recovery solvents, and impinger solutions. At dial readings mathematically to the proper temperature of the gas leaving the impinger a minimum, one complete sampling train values. Before calibrating the metering train three-point calibration at ice-water, will be assembled in the field staging area, system, it is suggested that a leak-check be room-air, and boiling-water temperatures is taken to the sampling area, and leak-checked conducted. For metering systems having necessary. Accept the thermocouples only if at the beginning and end of the testing (or for diaphragm pumps, the normal leak-check the readings at all three temperatures agree the same total number of times as the actual procedure will not detect leakages within the to ±2°C (3.6°F) with those of the absolute test train). The probe of the blank train shall pump. For these cases the following leak- value of the reference thermometer. be heated during the sample test. The train check procedure is suggested: Make a 10-min 10.5.2 Probe and stack thermocouples. will be recovered as if it were an actual test calibration run at 0.00057 m3/min (0.020 For the thermocouples used to indicate the sample. No gaseous sample will be passed cfm); at the end of the run, take the difference probe and stack temperatures, a three-point through the sampling train. of the measured wet-test and dry-gas meter calibration at ice-water, boiling-water, and 9.1.2 Reagent Blanks. An aliquot of volumes and divide the difference by 10 to hot-oil-bath temperatures must be performed; toluene, acetonitrile and the impinger get the leak rate. The leak rate should not it is recommended that room-air temperature solution will be collected in the field as exceed 0.00057 m3/min (0.020 cfm). be added, and that the thermometer and the separate samples and returned to the 10.3.2 After each field use, the calibration thermocouple agree to within 1.5% at each laboratory for analysis to evaluate artifacts of the metering system shall be checked by of the calibration points. A calibration curve that may be observed in the actual samples. performing three calibration runs at a single (equation) may be constructed (calculated) 9.2 Analysis. intermediate orifice setting (based on the and the data extrapolated to cover the entire 9.2.1 The correlation coefficient for the previous field test). The vacuum shall be set calibration curve must be 0.995 or greater. If temperature range suggested by the at the maximum value reached during the manufacturer. the correlation coefficient is less than 0.995, test series. To adjust the vacuum, insert a the HPLC system should be examined for 10.6 Barometer. Adjust the barometer valve between the wet-test meter and the initially and prior to each test series to agree problems, and a new calibration curve inlet of the metering system. Calculate the ± should be prepared and analyzed. to within 2.5 mm Hg (0.1 in. Hg) of the average value of the calibration factor. If the mercury barometer or the corrected 9.2.2 A solvent blank should be analyzed calibration has changed by more than 5%, daily to verify that the system is not barometric pressure value reported by a recalibrate the meter over the full range of contaminated. nearby National Weather Service Station orifice settings, as outlined in APTD–0576. 9.2.3 A calibration standard should be (same altitude above sea level). 10.3.3 Leak-check of metering system. analyzed prior to any samples being 10.7 Balance. Calibrate the balance before That portion of the sampling train from the analyzed, after every 10 injections and at the each test series, using Class-S standard pump to the orifice meter (see Figure 207– end of the sample set. Samples must be weights; the weights must be within ±0.5% 1) should be leak-checked prior to initial use bracketed by calibration standards that have of the standards, or the balance must be and after each shipment. Leakage after the a response that does not vary by more than adjusted to meet these limits. pump will result in less volume being 10% of the target value. If the calibration 10.8 High Performance Liquid standards are outside the limit, the samples recorded than is actually sampled. Close the Chromatograph. Establish the retention times must be reanalyzed after it is verified that the main valve on the meter box. Insert a one- for each of the isocyanates of interest using analytical system is in control. hole rubber stopper with rubber tubing the chromatographic conditions provided in 9.2.4 A method blank should be prepared attached into the orifice exhaust pipe. Section 11.5.1. The retention times provided and analyzed for every 10 samples Disconnect and vent the low side of the in Table 11.5.1–1 are provided as a guide to concentrated (Section 11.4). orifice manometer. Close off the low side relative retention times. Prepare derivatized 9.2.5 A method spike should be prepared orifice tap. Pressurize the system to 13–18 cm calibration standards (concentrations and analyzed for every 20 samples. The (5–7 in.) water column by blowing into the expressed in terms of the free isocyanate, response for each analyte should be within rubber tubing. Pinch off the tubing and Section 12.4) according to the procedure in 20% of the expected theoretical value of the observe the manometer for 1 min. A loss of Section 10.8.1. Calibrate the chromatographic method spike (Section 11.3). pressure on the manometer indicates a leak system using the external standard technique in the meter box. Leaks, if present, must be 10.0 Calibration and Standardization. (Section 10.8.2) corrected. Note: Maintain a laboratory log of all 10.8.1 Preparation of calibration calibrations. Note: If the dry-gas-meter coefficient values standards. Prepare a 100 µg/ml stock solution obtained before and after a test series differ 10.1 Probe Nozzle. Probe nozzles shall be of the isocyanates of interest from the by >5%, either the test series shall be voided calibrated before their initial use in the field. individual isocyanate-urea derivative as Using a micrometer, measure the inside or calculations for test series shall be prepared in Sections 11.1.1 and 11.1.2. This diameter of the nozzle to the nearest 0.025 performed using whichever meter coefficient is accomplished by dissolving 1 mg of each mm (0.001 in.). Make measurements at three value (i.e., before or after) gives the lower isocyanate-urea derivative in 10 ml of ACN. separate places across the diameter and value of total sample volume. Calibration standards are prepared from this obtain the average of the measurements. The 10.4 Probe Heater. The probe-heating stock solution by making appropriate difference between the high and low system shall be calibrated before its initial dilutions of aliquots of the stock into ACN. numbers shall not exceed 0.1 mm (0.004 in.). use in the field according to the procedure Calibrate the instrument from 1 to 20 µg/ml When nozzles become nicked, dented, or outlined in APTD–0576. Probes constructed for HDI, TDI and MDI, and from 1 to 80 µg/ corroded, they shall be reshaped, sharpened, according to APTD–0581 need not be ml for MI using at least six calibration points. and recalibrated before use. Each nozzle shall calibrated if the calibration curves in APTD– 10.8.2 External standard calibration be permanently and uniquely identified. 0576 are used. procedure. Analyze each derivatized

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calibration standard using the solution to volume with MeCl2 and transfer Flow Rate ...... 2 ml/min. chromatographic conditions listed in Section to a bottle for storage. Methyl isocyanate does UV Detector ...... 254 nm. 11.5.1 and tabulate peak area against not produce a solid derivative and standards Injection Volume 50 µl. concentration injected. The working must be prepared from this stock solution. calibration curve must be verified on each 11.2 Concentration of Samples. 11.5.2 Analysis. working day by the measurement of one or 11.2.1 Transfer each sample to a 1000-ml 11.5.2.1 Analyze samples by HPLC, using more calibration standards. If the response round bottom flask. Attach the flask to a conditions established in Section 11.5.1. for any analyte varies from the target rotary evaporator and gently evaporate to 11.5.2.2 The width of the retention time response by more than 10%, the test must be dryness under vacuum in a 65 °C water bath. window used to make identifications should repeated using a fresh calibration standard(s) Rinse the round bottom flask three times be based upon measurements of actual after it is verified that the analytical system each with two ml of ACN and transfer the retention time variations of standards over is under control. Alternatively, a new rinse to a 10-ml volumetric flask. Dilute the the course of a day. calibration curve may be prepared for that sample to volume with ACN and transfer to Three times the standard deviation of a compound. a 15-ml vial and seal with a Teflon lined retention time for a compound can be used 11.0 Analytical Procedure. lid. Store the vial at 4 °C until analysis. 11.1 Preparation of isocyanate 11.3 Preparation of Method Spikes. to calculate a suggested window size; derivatives. 11.3.1 Prepare a method spike for every however, the experience of the analyst 11.1.1 HDI, TDI, MDI. twenty samples. Transfer 300 ml of the should weigh heavily in the interpretation of 11.1.1.1 Dissolve 500 mg of each absorption solution to a 1000-ml round the chromatograms. isocyanate in individual 100 ml aliquots of bottom flask. Transfer 1 ml of a 100 µg/ml 11.5.2.3 If the peak area exceeds the MeCl2, except MDI which requires 250 ml of standard containing the isocyanate-urea linear range of the calibration curve, the MeCl2. Transfer a 5-ml aliquot of 1,2-pp (see derivatives of interest. Follow the procedure sample should be diluted with ACN and Section 7.3.8) to each solution, stir and allow outlined in Section 11.2.1 for sample reanalyzed. to stand overnight at room temperature. concentration. This will result in a method Transfer 150 ml aliquots of hexane to each 12.0 Data Analysis and Calculations. spike with a theoretical concentration of 10 Same as in Method 5, Section 6, with the solution to precipitate the isocyanate-urea µg/ml. following additions. derivative. Using a Buchner funnel, vacuum 11.4 Preparation of Method Blanks. filter the solid-isocyanate-urea derivative and 11.4.1 Prepare a method blank for every 12.1 Perform Calculations. Round off wash with 50 ml of hexane. Dissolve the ten samples by transferring 300 ml of the figures after the final calculation to the precipitate in a minimum aliquot of MeCl2. absorption solution to a 1000-ml round correct number of significant figures. Repeat the hexane precipitation and filtration bottom flask and concentrate as outlined in 12.2 Nomenclature. Same as Method 5, twice. After the third filtration, dry the Section 11.2.1. Section 6.1 with the following additions: crystals at 50 °C and transfer to bottles for 11.5 Chromatographic Analysis. AS = Response of the sample, area counts. storage. The crystals are stable for at least 21 11.5.1 Chromatographic Conditions. b = Y-intercept of the linear regression line, months when stored at room temperature in area counts. a closed container. Column ...... C18, 250 mm x 4.6 mm ID, 5µm particle size. CI = Concentration of a specific isocyanate 11.1.2 MI. µ 11.1.2.1 To prepare a 200 µg/ml stock Mobile Phase ..... Acetonitrile/Ammonium compound in the sample, g/ml. solution of methyl isocyanate-urea, transfer Acetate Buffer. M = Slope of the linear regression line, area 60 mg of 1,2-pp to a 100-ml volumetric flask Gradient ...... 10:90 (v/v) ACN:AAB to counts-ml/µg. containing 50 ml of MeCl2. Carefully transfer 60:40 (v/v) ACN:AAB mI = Mass of isocyanate in the total sample. 20 mg of methyl isocyanate to the volumetric over 30 minutes. VF = Final volume of concentrated sample, flask and shake for 2 minutes. Dilute the typically 10 ml.

Amount of the Amount of  Molecular weight of the isocyanate-urea = ∗   Eq. 207-1 isocyanate-urea free isocyanate  Molecular weight of the isocyanate 

Vm(std) = Volume of gas sample measured by 12.3 Conversion from isocyanate to the the corresponding amount of isocyanate-urea the dry-gas meter, corrected to standard isocyanate-urea derivative. The equation for derivative is as follows: conditions, dscm (dscf). converting the amount of free isocyanate to

The equation for converting the amount of isocyanate-urea derivative to the corresponding amount of free isocyanate is as follows:

Amount of Amount of  Molecular weight of the isocyanate  = ∗   Eq. 207-2 the isocyanate isocyanate-urea  Molecular weight of the isocyanate-urea

3 3 12.4 Calculate the correlation coefficient, concentration (µg/ml) times the final volume = 1.00 m /m if Vm(std) is expressed in metric slope, and intercepts for the calibration data of ACN (10 ml). units. using the least squares method for linear = 13.0 Method Performance. regression. Concentrations are expressed as mIIF C V Eq. 207-4 13.1 Method Performance Evaluation. the x-variable and response is expressed as 12.7 Calculate the concentration of Evaluation of analytical procedures for a the y-variable. isocyanate (µg/dscm) in the stack gas. selected series of compounds must include 12.5 Calculate the concentration of the sample-preparation procedures and each isocyanate in the sample: associated analytical determination. The = mI CKS Eq. 207-5 analytical procedures should be challenged ()A− b Vm() std by the test compounds spiked at appropriate = s CI Eq. 207-3 Where: levels and carried through the procedures. M 13.2 Method Detection Limit. The overall 3 3 12.6 Calculate the total amount collected K = 35.31 ft /m if Vm(std) is expressed in method detection limits (lower and upper) in the sample by multiplying the English units. must be determined on a compound-by-

VerDate 02-DEC-97 19:03 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\P08DE2.PT1 08dep1 64540 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Proposed Rules compound basis because different Environmental Protection Agency, April TABLE 1.ÐMOLECULAR WEIGHT OF compounds may exhibit different collection, 1971, PB–203 060/BE, APTD–0581, 35 pp. THE FREE ISOCYANATES AND THE retention, and extraction efficiencies as well 2. Rom, J.J., Maintenance, Calibration, and ISOCYANATE-UREA DERIVATIVE as the instrumental minimum detection limit Operation of Isokinetic Source Sampling (MDL). The method detection limit must be Equipment, Research Triangle Park, NC, U.S. Analyte MW (free MW (De- quoted relative to a given sample volume. Environmental Protection Agency, March Isocyanate) rivative) The upper limits for the method must be 1972, PB–209 022/BE, APTD–0576, 39 pp. determined relative to compound retention 3. Schlickenrieder, L.M., Adams, J.W., and 1,6±HDI ...... 168 494.44 volumes (breakthrough). Method Detection Thrun, K.E., Modified Method 5 Train and 2,4±TD ...... 174.16 500.56 Limits may vary due to matrix effects and MDI ...... 250.25 576.65 instrument conditions. Source Assessment Sampling System: 13.3 Method Precision and Bias. The Operator’s Manual, U.S. Environmental overall method precision and bias must be Protection Agency, EPA/600/8–85/003 TABLE 2.ÐMOLECULAR WEIGHT OF determined on a compound-by-compound (1985). FREE METHYL ISOCYANATE AND basis at a given concentration level. The 4. Shigehara, R.T., Adjustments in the EPA METHYL ISOCYANATE-UREA DERIVA- method precision value would include a Nomograph for Different Pitot Tube TIVE combined variability due to sampling, Coefficients and Dry Molecular Weights, sample preparation, and instrumental Stack Sampling News, 2:4–11 (October 1974). MW (free MW (De- analysis. The method bias would be 5. U.S. Environmental Protection Agency, Analyte Isocyanate) rivative) dependent upon the collection, retention, 40 CFR Part 60, Appendix A, Methods 1–5. and extraction efficiency of the train 6. Vollaro, R.F., A Survey of Commercially MI ...... 57.1 220.32 components. From evaluation studies to date Available Instrumentation for the using a dynamic spiking system, acceptable Measurement of Low-Range Gas Velocities, method biases (per EPA Method 301) have TABLE 3.ÐRETENTION TIMES OF THE Research Triangle Park, NC, U.S. been determined for all four isocyanates. A FOUR ISOCYANATES precision of less than 10% relative standard Environmental Protection Agency, Emissions deviation (RSD) has been calculated from Measurement Branch, November 1976 Retention field test data sets which resulted from a (unpublished paper). Compound time series of paired, unspiked and spiked trains. 17.0 Tables, Diagrams, Flowcharts, and (minutes) 14.0 Pollution Prevention. Not Validation Data. Applicable. MI ...... 10.0 15.0 Waste Management. Not Applicable. 1,6±HDI ...... 19.9 16.0 References. 2,4±TDI ...... 27.1 1. Martin, R.M., Construction Details of MDI ...... 27.3 Isokinetic Source-Sampling Equipment, Research Triangle Park, NC, U.S. BILLING CODE 6560±50±P

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VerDate 02-DEC-97 19:03 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00019 Fmt 4702 Sfmt 4725 E:\FR\FM\P08DE2.PT1 08dep1 64542 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Proposed Rules

[FR Doc. 97–32045 Filed 12–5–97; 8:45 am] BILLING CODE 6560±50±C

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ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: ground-level ozone and smog. This rule AGENCY I. Applicability was originally adopted as part of the district’s efforts to achieve the National 40 CFR Part 52 The rule being proposed for approval Ambient Air Quality Standard (NAAQS) into the California SIP is Bay Area Air for ozone and in response to EPA’s SIP- [CA 179±0060; FRL±5932±7] Quality Management District Call and the section 110(a)(2)(A) CAA (BAAQMD) Rule 8–3, Architectural requirement. The following is EPA’s Approval and Promulgation of Coatings. This rule was submitted by evaluation and proposed action for this Implementation Plans; California State the California Air Resources Board to rule. Implementation Plan Revision, Bay EPA on July 23, 1996. Area Air Quality Management District III. EPA Evaluation and Proposed II. Background Action AGENCY: Environmental Protection On March 3, 1978, EPA promulgated In determining the approvability of a Agency (EPA). a list of ozone nonattainment areas VOC rule, EPA must evaluate the rule under the provisions of the Clean Air ACTION: Proposed rule. for consistency with the requirements of Act, as amended in 1977 (1977 CAA or the CAA and EPA regulations, as found preamended Act), that included the San SUMMARY: EPA is proposing to approve in section 110 of the CAA and 40 CFR Francisco Bay Area. 43 FR 8964; 40 CFR a revision to the California State part 51 (Requirements for Preparation, 81.305. On May 26, 1988, EPA notified Implementation Plan (SIP) which Adoption, and Submittal of the Governor of California, pursuant to concerns the control of volatile organic Implementation Plans). section 110(a)(2)(H) of the pre-amended compound (VOC) emissions from In addition, this rule was evaluated Act, that the above district’s portions of architectural coatings. against the SIP enforceability guidelines the California SIP were inadequate to The intended effect of proposing found in ‘‘Issues Relating to VOC attain and maintain the ozone standard Regulation Cutpoints, Deficiencies, and approval of this rule is to regulate and requested that deficiencies in the emissions of VOCs in accordance with Deviations—Clarification to Appendix D existing SIP be corrected (EPA’s SIP- of November 24, 1987 Federal Register’’ the requirements of the Clean Air Act, Call). On November 15, 1990, the Clean as amended in 1990 (CAA or the Act). (EPA’s ‘‘Blue Book’’) and the EPA Air Act Amendments of 1990 were Region IX—California Air Resources EPA’s final action on this proposed enacted. Pub. L. 101–549, 104 Stat. rulemaking will incorporate this rule Board document entitled ‘‘Guidance 2399, codified at 42 U.S.C. 7401–7671q. Document for Correcting VOC Rule into the federally approved SIP. EPA On November 12, 1993, BAAQMD Deficiencies’’ (April 1991). In general, has evaluated this rule and is proposing submitted a request for redesignation to these guidance documents have been set to approve it under provisions of the attainment of the ozone standard. forth to ensure that VOC rules are fully CAA regarding EPA action on SIP Subsequently, EPA evaluated and enforceable and strengthen or maintain submittals, EPA’s general rulemaking approved BAAQMD’s request and the the SIP. authority, plan submissions, and San Francisco Bay Area was reclassified On January 24, 1985, EPA approved enforceability guidelines. as an attainment area.1 The State of California submitted into the SIP a version of Rule 8–3, DATES: Comments must be received on Architectural Coatings that had been or before January 7, 1998. many rules for incorporation into its SIP on July 23, 1996, including the rule adopted by the BAAQMD on May 18, ADDRESSES: Comments may be mailed being acted on in this document. This 1983. The BAAQMD Rule 8–3 to: Andrew Steckel, Rulemaking Office document addresses EPA’s proposed submitted on July 23, 1996 includes the (AIR–4), Air Division, U.S. action for Bay Area Air Quality following significant changes from the Environmental Protection Agency, current SIP: Management District Rule 8–3, • Region IX, 75 Hawthorne Street, San Architectural Coatings. The Bay Area Section 8–3–112, 8–3–227, 8–3– Francisco, CA 94105–3901. Air Quality Management District 305, 8–3–402, and 8–3–403 remove the Comments must be submitted to adopted Rule 8–3 on December 20, small business exemption, definition, Andrew Steckel at the Region IX office and all references to it; 1995. This submitted rule was found to • listed above. Copies of the rule revisions be complete on October 30, 1996 Sections 8–3–212 and 8–3–213 and EPA’s evaluation report of this rule pursuant to EPA’s completeness criteria consolidate the industrial maintenance are available for public inspection at that are set forth in 40 CFR part 51, finishes (topcoats) and industrial EPA’s Region 9 office during normal 2 maintenance primers definitions; appendix V and is being proposed for • business hours. Copies of the submitted approval into the SIP. Section 8–3–233 revises the varnish rule revisions are also available for The Bay Area Air Quality definition; • inspection at the following locations: Management District Rule 8–3 controls Section 8–3–236 through 8–3–245 define volatile organic compounds California Air Resources Board, volatile organic compound (VOC) (VOCs) and nine subcategories of Stationary Source Division, Rule emissions from architectural coatings. industrial maintenance coatings; Evaluation Section, 2020 ‘‘L’’ Street, VOCs contribute to the production of • Section 8–3–304 changes the Sacramento, CA 95812. 1 The San Francisco Bay Area was redesignated to effective date of VOC limits from Bay Area Air Quality Management attainment and was classified by operation of law September 1, 1989 to September 1, District, 939 Ellis Street, San pursuant to Sections 107(d) upon the date of 1987; Francisco, CA 94109. enactment of the CAA. See 60 FR 98 (May 22, • 1995). The EPA is proposing to redesignate the San Section 8–3–306 provides that the FOR FURTHER INFORMATION CONTACT: Francisco Bay Area back to nonattainment for ozone most restrictive VOC limit shall apply; Yvonne Fong, Rulemaking Office (AIR– based on a number of violations of the National and 4), Air Division, U.S. Environmental Ambient Air Quality Standards (NAAQS). • Section 8–3–403 removes labeling 2 EPA adopted the completeness criteria on Protection Agency, Region IX, 75 February 16, 1990 (55 FR 5830) and, pursuant to requirements for coatings subject to Hawthorne Street, San Francisco, CA section 110(k)(1)(A) of the CAA, revised the criteria interim VOC limits which have now 94105–3901, (415) 744–1199. on August 26, 1991 (56 FR 42216). expired.

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The BAAQMD staff report for Rule 8– C. Unfunded Mandates on the Department of the Interior’s 3 states that the rule amendments will Under section 202 of the Unfunded Office of Hearings and Appeals’ not change any existing VOC limits. Mandates Reform Act of 1995 proposal to amend its rules to provide EPA has evaluated the submitted rule (‘‘Unfunded Mandates Act’’), signed that, except as otherwise provided by and has determined that it is into law on March 22, 1995, EPA must law or other regulation, a decision will enforceable and strengthens the prepare a budgetary impact statement to be stayed, if it is appealed, until there applicable SIP. Therefore, Bay Area Air accompany any proposed or final rule is a dispositive decision on the appeal. Quality Management District Rule 8–3, that includes a Federal mandate that DATES: Comments are due to the agency Architectural Coatings is being may result in estimated costs to State, on or before February 6, 1998. proposed for approval under section local, or tribal governments in the ADDRESSES: Send written comments to 110(k)(3) of the CAA as meeting the aggregate; or to the private sector, of Director, Office of Hearings and requirements of section 110(a) and $100 million or more. Under section Appeals, U.S. Department of the pursuant to EPA’s authority under 205, EPA must select the most cost- Interior, 4015 Wilson Boulevard, section 301(a) to adopt regulations effective and least burdensome Arlington, VA 22203. Comments necessary to further air quality by alternative that achieves the objectives received will be available for public strengthening the SIP. of the rule and is consistent with inspection during regular business Nothing in this action should be statutory requirements. Section 203 hours (9 a.m. to 5 p.m.) in the Office of construed as permitting or allowing or requires EPA to establish a plan for the Director, Office of Hearings and establishing a precedent for any future informing and advising any small Appeals, 11th Floor, 4015 Wilson request for revision to any state governments that may be significantly Boulevard, Arlington, VA. Persons implementation plan. Each request for or uniquely impacted by the rule. wishing to inspect comments are revision to the state implementation EPA has determined that the approval requested to call in advance at (703) plan shall be considered separately in action proposed does not include a 235–3810 to make an appointment. light of specific technical, economic, Federal mandate that may result in FOR FURTHER INFORMATION CONTACT: and environmental factors and in estimated costs of $100 million or more Bruce Harris, Deputy Chief relation to relevant statutory and to either State, local, or tribal Administrative Judge, Interior Board of regulatory requirements. governments in the aggregate, or to the Land Appeals, Office of Hearings and IV. Administrative Requirements private sector. This Federal action Appeals, U.S. Department of the approves pre-existing requirements Interior, 4015 Wilson Boulevard, A. Executive Order 12866 under State or local law, and imposes Arlington, VA 22203. Telephone: (703) The Office of Management and Budget no new Federal requirements. 235–3750. (OMB) has exempted this regulatory Accordingly, no additional costs to SUPPLEMENTARY INFORMATION: On August action from E.O. 12866 review. State, local, or tribal governments, or to 19, 1997, the Department of the Interior the private sector, result from this proposed to amend the regulation B. Regulatory Flexibility Act action. contained at 43 CFR 4.21 (August 28, Under the Regulatory Flexibility Act, List of Subjects in 40 CFR Part 52 1997, 62 FR 45606). Comments to this 5 U.S.C. 600 et seq., EPA must prepare proposed rule were to be received on or a regulatory flexibility analysis Environmental protection, Air before September 29, 1997. assessing the impact of any proposed or pollution control, Hydrocarbons, On October 3, 1997, the Department final rule on small entities. 5 U.S.C. 603 Intergovernmental relations, Ozone, of the Interior extended the comment and 604. Alternatively, EPA may certify Reporting and recordkeeping period an additional 60 days until that the rule will not have a significant requirements, Volatile organic December 2, 1997, in response to impact on a substantial number of small compound. requests received from the National entities. Small entities include small Authority: 42 U.S.C. 7401–7671q. Mining Association and the Rocky businesses, small not-for-profit Dated: November 23, 1997. Mountain Oil and Gas Association enterprises, and government entities Felicia Marcus, (RMOGA). (62 FR 51822). with jurisdiction over populations of The Director of the Office of Hearings Regional Administrator. less than 50,000. and Appeals (OHA) received several SIP approvals under section 110 and [FR Doc. 97–32043 Filed 12–5–97; 8:45 am] letters requesting an additional 301 of the Clean Air Act do not create BILLING CODE 6560±50±P extension of the comment period any new requirements but simply beyond December 2, 1997. In a letter approve requirements that the State is dated November 21, 1997, RMOGA already imposing. Therefore, because DEPARTMENT OF THE INTERIOR requested an additional 45-day the Federal SIP approval does not extension of the comment period, to impose any new requirements, the Office of Hearings and Appeals allow for receipt of data requested in a Administrator certifies that it does not 43 CFR Part 4 Freedom of Information Act (FOIA) have a significant impact on any small request, and full analysis of the data and entities affected. Moreover, due to the RIN 1090±AA63 preparation of a thoughtful response to nature of the Federal-State relationship the proposed change. In addition, by under the CAA, preparation of a Department Hearings and Appeals letter dated November 19, 1997, ARCO flexibility analysis would constitute Procedures Permian, a member of RMOGA, Federal inquiry into the economic AGENCY: Office of Hearings and Appeals, requested additional time to respond reasonableness of state action. The Interior. after review of the response to the Clean Air Act forbids EPA to base its ACTION: Proposed rule; extension of RMOGA’s FOIA request. By letter dated actions concerning SIPs on such comment period. November 25, 1997, the Natural Gas grounds. Union Electric Co. v. U.S. EPA, Supply Association, the Mid-Continent 427 U.S. 246, 255–66 (1976); 42 U.S.C. SUMMARY: This action extends the Oil and Gas Association, the Domestic 7410(a)(2). comment period an additional 60 days Petroleum Council, the National Ocean

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Industries Association, the Independent DATES: Comments must be received on List of Subjects in 48 CFR Parts 1843 Petroleum Association of America, and or before February 6, 1998. and 1852 the American Petroleum Institute ADDRESSES: Government procurement. requested a 60-day extension of the Submit comments to Mr. Tom Luedtke, comment period to allow time for a Joseph Le Cren, NASA Headquarters, complete and extensive analysis of the Code HK, Washington, DC 20546. Deputy Associate Administrator for Procurement. impact of adoption of this proposal on FOR FURTHER INFORMATION CONTACT: normal and planned activities by the oil Accordingly, 48 CFR Parts 1843 and Mr. Joseph Le Cren, Telephone: (202) and gas industry onshore and offshore, 1852 are amended as follows: 358–0444. particularly in light of the Bureau of 1. The authority citation for 48 CFR Land Management’s (BLM’s) proposed SUPPLEMENTARY INFORMATION: Parts 1843 and 1852 continues to read rulemaking published in the Federal as follows: Background Register on October 17, 1996. Finally, Authority: 42 U.S.C. 2473(c)(1). by letter dated November 24, 1997, Some NASA field installations have Senator Frank H. Murkowski, Senator PART 1843ÐCONTRACT used clauses containing ceilings on MODIFICATIONS Larry E. Craig, and Senator Craig indirect costs and profit as a means for Thomas of the United States Senate handling equitable adjustments under 1843.205±70 [Amended] Committee on Energy and Natural construction contracts. Instead of each Resources, strongly urged the Director of 2. In section 1843.205–70, the installation using its own clause, there OHA to extend the comment period for designated paragraphs (a), (b), and (c) is a consensus that it would be in both an additional 60 days, to allow the are redesignated as paragraphs (a)(1), (2) Committee to host a meeting with NASA’s and the contractors’ interests to and (3), and a new paragraph (b) is constituents to discuss the proposed have a standard clause to establish added to read as follows: greater consistency throughout the change to 43 CFR 4.21 and the material 1843.205±70 NASA contract clause. requested by RMOGA under the agency. The proposed clause also would reduce the administrative burden * * * * * Freedom of Information Act, as well as (b) the contracting officer may insert BLM’s proposed rule to modify its associated with the development of an equitable adjustment clause on an a clause substantially as stated at appeal regulation. 1852.243–72, Equitable Adjustments, in installation-by-installation or contract- The OHA has determined that an solicitations and contracts for— by-contract basis. extension of time to obtain additional (1) Dismantling, demolishing, or comments on the proposed rule is Neither the use of the proposed clause removing improvements; or warranted and, therefore, the requested nor the language contained in it would (2) Construction, when the contract extension is granted. This notice be mandatory. This flexibility is being amount is expected to exceed the announces that 60-day extension to the provided so that the clause is used only simplified acquisition threshold and a comment period. when it is considered appropriate and to fixed-price contract is contemplated. Dated: December 2, 1997. allow for differences, such as in Barry E. Hill, terminology, that exist in the PART 1852ÐSOLICITATION Director. construction industry in different parts PROVISIONS AND CONTRACT CLAUSES [FR Doc. 97–31963 Filed 12–5–97; 8:45 am] of the United States. The ceiling indirect BILLING CODE 4310±RK±M cost and profit rates contained in the 1852.243±72 [Added] clause, although not mandatory, are 3. Section 1852.243–72 is added to benchmarks as to what is generally read as follows: NATIONAL AERONAUTICS AND considered reasonable. The rates are 1852.243±72 Equitable Adjustments. SPACE ADMINISTRATION considered reasonable based on NASA’s experience with equitable adjustments As prescribed in 1843.205–70(b), 48 CFR Parts 1843 and 1852 for construction. In addition, the ceiling insert the following clause. rates contained in the proposed clause Equitable Adjustments Equitable Adjustments Under are the same as those that have been (a) The provisions of all other clauses Contracts for Construction, used for many years by both the General Dismantling, Demolishing, or contained in this contract which provide for Services Administration and the an equitable adjustment, including those Removing Improvements Department of Veterans Affairs. The clauses incorporated by reference with the AGENCY: Office of Procurement, Contract rates used by these agencies have exception of the ‘‘Suspension of Work’’ Management Division, National significance since they have much larger clause (FAR 52.242–14), are supplemented as construction budgets than NASA. follows: Aeronautics and Space Administration Upon written request, the Contractor shall (NASA). Impact submit a proposal for review by the ACTION: Notice of proposed rulemaking. Government. The proposal shall be submitted NASA certifies that this proposed to the contracting officer within the time SUMMARY: This is a proposed rule regulation will not have a significant limit indicated in the request or any amending the NASA Federal economic effect on a substantial number extension thereto subsequently granted. The Acquisition Regulation Supplement proposal shall provide an itemized of small entities under the Regulatory breakdown of all increases and decreases in (NFS) to set forth a clause that may be Flexibility Act (5 U.S.C. 601 et seq.). used for equitable adjustments under the contract for the Contractor and each This rule does not impose any reporting subcontractor in at least the following detail: contracts for construction, and or record keeping requirements subject material quantities and costs; direct labor dismantling, demolishing, or removing to the Paperwork Reduction Act. hours and rates for each trade; the associated improvements that are contemplated to FICA, FUTA, SUTA, and Workmen’s be fixed-price and exceed the simplified Compensation Insurance; and equipment acquisition threshold. hours and rates.

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(b) The overhead percentage cited below job burdens, small tools, and general and commission are negotiable according to shall be considered to include all indirect overhead allocations. ‘‘Commission’’ is the nature, extent, and complexity of the costs including, but not limited to, field and defined as profit on work performed by work involved, but in no case shall they office supervisors and assistants, incidental others. The percentages for overhead, profit, exceed the following ceilings:

Commis- Overhead Profit sion (percent) (percent) (percent)

To Contractor on work performed by other than its own forces ...... 10 To first tier subcontractor on work performed by its subcontractors ...... 10 To Contractor and/or subcontractors on work performed with their own forces ...... 10 10 ......

(c) Not more than four percentages for dynamic side impact protection devices vehicle. This notice proposes the overhead, profit, and commission shall be by permitting vehicle manufacturers to specifications and calibration allowed regardless of the number of comply with alternative performance requirements for that test dummy. subcontractor tiers. requirements. To demonstrate (d) The Contractor or subcontractor shall The dummy proposed in this notice is not be allowed overhead or commission on compliance with those requirements, based on two existing dummies, the part the overhead, profit, and/or commission that proposal specifies a dynamic crash 572, subpart F anthropomorphic test received by its subcontractors. test which uses the new dummy. device (Side Impact Dummy or SID) that (e) Equitable adjustments for deleted work DATES: Comment closing date: is used in testing under FMVSS 214, shall include credits, limited to the same Comments on this notice must be Side Impact Protection, and the part percentages for overhead, profit, and received by NHTSA no later than 572, subpart E anthropomorphic test commission in paragraph (b) of this clause. January 22 1998. device (Hybrid III or HIII) that is used (f) On proposals covering both increases in testing under FMVSS 208, Occupant and decreases in the amount of the contract, ADDRESSES: Any comments should refer the application of the overhead, profit, and to the docket and notice number of this Crash Protection. The proposed dummy commission shall be on the net change in notice and be submitted (preferably in would combine the head and neck of direct costs for the Contractor or the 10 copies) to: U.S. Department of the Hybrid III (HIII) with the torso and subcontractor performing the work. Transportation, Docket Management extremities of the Side Impact Dummy (g) After receipt of the Contractor’s Room PL–401, 400 Seventh Street, SW., (SID) through the use of a redesigned proposal, the contracting officer shall act Washington, DC 20590. neck bracket. The agency tentatively within a reasonable period, provided that FOR FURTHER INFORMATION CONTACT: concludes that the resulting SID/HIII when the necessity to proceed with a change The following persons at the National dummy would be operational and does not permit time to properly check the adequate for use in the proposed rule. proposal, or in the event of a failure to reach Highway Traffic Safety Administration, an agreement on a proposal, the contracting 400 Seventh Street, SW., Washington, II. Agency Proposal officer may order the Contractor to proceed DC 20590: on the basis of the price being determined at For non-legal issues: Stan Backaitis, The specifications for the proposed the earliest practicable date. In such a case, Office of Crashworthiness Standards, side impact dummy would consist of (1) the price shall not be more than the increase NPS–11, telephone (202) 366–4912, a drawing package containing all of the or less than the decrease proposed. facsimile (202) 366–4329, electronic technical details of the neck bracket (End of clause) mail ‘‘[email protected]’’. used for mating the SID torso with the [FR Doc. 97–31935 Filed 12–5–97; 8:45 am] For legal issues: Otto Matheke, Office HIII head and neck assembly, (2) a parts of the Chief Counsel, NCC–20, list, and (3) a SID/HIII user manual BILLING CODE 7510±01±M telephone (202) 366–5253, facsimile containing instructions for inspection, (202) 366–3820, electronic mail assembly, disassembly, use, and ‘‘[email protected]’’. adjustments of dummy components. DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: These drawings and specifications National Highway Traffic Safety would ensure that the dummies would I. Background Administration be the same in their construction. The This proposal supplements an earlier performance calibration tests proposed 49 CFR Part 572 proposal previously published in the in this NPRM would serve to assure that the SID/HIII responses are within the [Docket No. NHTSA±97±3144] Federal Register that would amend Federal Motor Vehicle Safety Standard established biomechanical corridors and RIN 2127±AG74 (FMVSS) No. 201, Head Impact further assure the uniformity of dummy Protection. [62 FR 45202] The earlier assembly, structural integrity, and Side Impact Anthropomorphic Test companion proposal would facilitate the adequacy of instrumentation. As a Dummy introduction of dynamic side impact result, the repeatability of the dummy’s ACTION: Notice of proposed rulemaking. protection devices by permitting vehicle performance in dynamic testing would manufacturers to comply with be ensured. SUMMARY: This notice proposes alternative performance requirements. The dummy would be instrumented specifications and qualification To demonstrate compliance with those with an accelerometer array for requirements for a newly-developed requirements, that proposal specifies a measurement of accelerations in the anthropomorphic test dummy. The dynamic crash test. In the test, a vehicle head during impacts. The rule would dummy would be used in compliance would be propelled sideways at a speed specify the manner and location of testing under an earlier companion of 29 km/h (18 mph) into a 254 mm (10 installation of sensors to reduce proposal to amend the standard on head inch) rigid pole. An anthropomorphic variability in their measurements that impact protection. The earlier proposal test dummy would be in the outboard might otherwise result from differences would facilitate the introduction of front seat on the struck side of the in location and mounting.

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Drawings and specifications for the nearly identical. To accommodate the body segments, NHTSA rates the SID/ SID/HIII are available for examination in new neck bracket, the design of the HIII dummy ‘‘Fair’’ for side impact the NHTSA Docket Section. Copies of existing upper and middle shoulder application purposes. In comparison, those materials and the user manual foam pads were revised from one piece the BioSid received a ‘‘Fair’’ rating may also be obtained from Reprographic to two piece right and left mirror image while the SID and the EuroSid were Technologies, 9000 Virginia Manor designs without altering either the both deemed to be ‘‘Marginal.’’ None of Road, Beltsville, Md. 20705, tel. (301) padding’s peripheral shape and its the dummies evaluated received a rating 210–5600. In addition, an engineering thickness or its attachment to the torso. greater than ‘‘Fair’’—which exceeds the drawing for the neck bracket and the Relative to the SID, the head center of ISO/SC12/WG5 recommended neck brackets themselves are available gravity (head CG) of the SID/HIII is, acceptable level for a dummy test on a short term loan basis from the however, 0.75 inch higher and 0.25 inch device. Although a better side impact NHTSA Vehicle Research and Test more forward when the Hybrid III head/ dummy may be developed in the future, Center, East Liberty, Ohio 43319, tel. neck assembly is mounted to the SID based on the above analysis, NHTSA (937) 666–4511. torso using the new neck bracket. This tentatively concludes that, for the change also more correctly reflects the immediate future, the SID/HIII is a A. Description head and neck orientation of a seated sufficient and an acceptable test device On August 26, 1997, NHTSA occupant. As discussed in the to evaluate the risk of injury to the head published a notice of proposed Preliminary Regulatory Evaluation in case of a side impact. rulemaking [62 FR 45202] containing (PRE) for the earlier companion C. Test Results of the SID/HIII Dummy amendments to Standard No. 201. The proposal to amend Standard 201, agency proposed amendments, offered in an test data established that this minor (1) Repeatability and Reproducibility effort to provide maximum flexibility to discrepancy of the head CG location Tests manufacturers in developing dynamic would not have any significant effect on In 1990, NHTSA issued a final rule head protection systems, include an the HIC, TTI and Pelvis-G responses. amending FMVSS No. 214 to require optional test procedure incorporating a Detailed descriptions of the SID/HIII full scale side crash tests to evaluate full scale side impact test with a 29 km/ dummy test device are given in the side impact protection of passenger h (18 mph) side impact into a 254 mm proposed part 572, subpart M, S572.110 vehicles. The rule specified the use of (10 inch) rigid pole. In this test, the through S572.116. the SID dummy as a human surrogate to subject vehicle would be propelled into assess the risk of injury in side crashes. the pole so that the pole would impact B. Biofidelity of the SID/HIII Dummy in Two alternative dummy development at the center of gravity of the head of a Lateral Impact efforts, the EuroSid-1 and the BioSid, seated dummy positioned on the The agency has tentatively concluded were in progress at that time. The designated front outboard seating that the Hybrid III head and neck is the BioSid uses the Hybrid III head/neck position of the struck side. most biofidelic configuration now system. NHTSA evaluated the BioSid in Since the free motion headform available for assessing injuries to the 1988 and compared its performance to (FMH) used in Standard 201 testing head and neck in side impacts. That the SID. A series of lateral impact cannot be used for evaluating HIC in conclusion was based on testing of the calibration tests were performed in 1990 such an impact and the Hybrid III head three side impact dummies; BioSid, 1 using two BioSid dummies. It was and neck assembly appears to be the EuroSid and SID. The testing was concluded that the calibration responses most biofidelic test device currently performed in 1990 by two GM of the BioSid are both repeatable and available for evaluating head injury in researchers (Mertz and Irwin) using the reproducible to within the response side impacts, the agency is proposing latest biofidelity test conditions and boundaries generally accepted for that the Hybrid III head and neck be requirements agreed to by Working anthropomorphic test dummies. The used with the existing SID dummy for Group 5 of ISO/T22/SC12 at that time. results of the lateral head drop tests and this test. The Hybrid III head and neck A total of 4 sets of tests were performed. lateral neck pendulum tests of those two currently provides the best means for Because BioSid uses the Hybrid III head BioSid dummies are listed in Table IV– evaluating head injury in this test while and neck assembly, the test data 8 of the PRE prepared for the August 26, the use of the SID torso affords an generated to verify the lateral impact 1997 NPRM proposing amendments to opportunity to collect meaningful data response characteristics of the BioSid Standard 201. The agency also relating to thoracic injuries. head/neck system are believed by conducted two additional lateral head The SID (part 572; subpart F) body NHTSA to be useful in predicting the drop tests and five neck pendulum tests and lower extremities would be performance of the SID/HIII dummy. using the head/neck components of a combined with the Hybrid III (part 572; The agency’s review of these tests, third dummy. The test results also are subpart E) head and neck assembly to which is discussed in greater detail in listed in Table IV–8 of the PRE. form a new dummy test device called the PRE prepared for the August 26, Based on those test data, the SID/HIII (part 572; subpart M). The SID/ 1997 NPRM proposing changes to repeatability of the dummy head/neck HIII at 170 lbs is approximately 1.2 lbs Standard 201, indicates that the Hybrid certification response was found to be heavier than the SID, due to the III head-neck assembly has sufficient exceptionally good. The coefficient of incremental weight increase of the biofidelity for assessing side impact variation for each dummy component is Hybrid III neck component and the new protection. Using the ISO/SC12/WG5 extremely small, ranging from 0.97 neck bracket. However, the SID/HIII is methodology and biofidelity rating percent to 2.6 percent. The approximately 2.0 lbs lighter than the system for the assessment of the various reproducibility of the head/neck system Hybrid III 50th percentile dummy (172 response of the two BioSid dummies lbs +/¥2.4 lbs). Therefore, the weight of 1 The BioSid dummy was developed in response that were manufactured by one the SID/HIII dummy would be within to concerns regarding the SID and EuroSid manufacturer at the same period of time the limits of the existing SID and Hybrid dummies. It was developed by a Side Impact is also excellent because the coefficient Dummy Task Force created under the sponsorship III dummies. The new neck bracket is of the Society of Automotive Engineers Human of variation is within the 5 percent designed so that the seating height of Biomechanics and Simulation Standards Commitee norm. When the test data of the third the SID and the SID/HIII would be (SAE–HBSSC). dummy is added for the reproducibility

VerDate 02-DEC-97 19:03 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\P08DE2.PT1 08dep1 64548 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Proposed Rules evaluation, the coefficient of variation of to the dummy’s shoulder height and rotated 90 degrees when attached to the the neck rotation angle in lateral was covered with 4 inch thick cushion neck pendulum. The pendulum is bending motion increases to (Ethafoam LC 220). The non-padded identical to that used in the Hybrid III approximately 5.5 percent which is just upper plate was at the head height level. neck calibration tests and the impact slightly outside the range of the In each test, the SID/HIII was seated velocity is between 6.89 and 7.13 m/s. ‘‘excellent’’ reproducibility rating. It is on the bench with the torso in an When the neck is tested in accordance within the ‘‘good’’ reproducibility rating upright position. The sled buck was with the proposed test procedure, the that is generally defined by a coefficient oriented at a right angle to the direction following specifications are to be met: of variation ranging between 5 percent of sled travel and accelerated to a speed a. The pendulum deceleration pulse is and 10 percent. Although as a result of of 18 mph. The direction of motion of to be characterized in terms of its the additional dummy test the the dummy was horizontal, parallel to change (decrease) in velocity as deviations of the head acceleration and the seating surface and perpendicular to obtained by integrating the pendulum the neck moment responses also and toward the loading plates. The test accelerometer output. increase, they are still within the matrix consisted of three tests each for ‘‘excellent’’ reproducibility rating range. the Part 572 Subpart F SID dummy, the Pendulum Time (ms) Delta-V (m/s) (2) Durability Tests SID with the Hybrid III head/neck using the Subpart F neck bracket, and the SID/ 10 ...... 1.96 to 2.55. BMW recently conducted a series of HIII dummy with the new neck bracket. side-to-pole impact tests to assess the 20 ...... 4.12 to 5.10. The test results, contained in Table 30 ...... 5.73 to 7.01. effectiveness of its inflatable tubular IV–10 of the PRE prepared for the 40 to 70 ...... 6.27 to 7.64. structure (ITS) system in side impact August 26, 1997 NPRM proposing protection. On April 19, 1996, BMW amendments to Standard 201, indicate b. The maximum rotation of the submitted its confidential test data to that the proposed new neck bracket is midsagittal plane of the head shall be 64 NHTSA as part of the BMW comments structurally sufficient and durable for to 78 degrees with respect to the on the ANPRM announcing the the intended purpose. There was no pendulum. The decaying head rotation proposed amendments to Standard 201. sign of bracket damage in head impacts vs. time curve shall cross the zero angle [61 FR 9136] The dummy test device producing a HIC value as high as between 50 to 70 ms after reaching its used in the BMW ITS evaluation tests is approximately 5,000. This impact peak value. a SID dummy with the Hybrid III head/ severity is beyond the norm of the head- c. The moment about the x-axis which neck system whose seated height is to-upper interior impact test responses. lies in the midsagittal plane of the head approximately 0.75 inches higher than Most important, the new neck bracket at the level of the occipital condyles that of the SID. However, it was also would bring the head height down to shall have a maximum value between 88 noted that the head CG of the BMW the normal range of the 50th percentile and 108 Nm. The decaying moment vs. dummy was about 1.5 inches higher male seated dummy and does not have time curve shall first cross zero moment than that of the SID dummy. significant effects on the HIC, TTI and between 40 and 60 ms after reaching its It is possible that a taller seated pelvis-g responses. dummy, particularly whose head CG is peak value. substantially higher, may exhibit D. Proposed Calibration Tests The following formula is to be used to modified head/neck kinematics and/or calculate the moment about the The agency proposes that the occipital condyles when using the six- dynamic responses in a lateral impact, following calibration test specifications which could lead to the design of axis neck transducer: and procedures, which make use of the M=Mx+0.01778 Fy different head protection systems. The existing dummy test fixtures and agency tentatively concludes that it is equipment, be adopted for the SID/HIII: Where Mx and Fy are the moment and reasonable to modify the existing neck force measured by the transducer and bracket in order to maintain the 1. Head Drop Test Specifications expressed in terms of Nm and N, dummy’s seated height within the range The head is dropped from 200 mm respectively. of heights of 50th percentile male onto a flat, steel plate such that its d. The maximum rotation of the head dummies. For this reason, the NHTSA midsagittal plane makes a 35 degree with respect to the pendulum shall modified neck bracket provides a means angle with respect to the impact surface occur between 0 and 20 ms after peak to approximate the original SID seated and its anterior-posterior axis is moment. height and the head/neck posture while horizontal. When the dummy head is 3. Temperature Sensitivity and Time minimizing the increase in the height of dropped in accordance with the above Between Tests the head CG of the SID/HIII dummy by test procedure, the following approximately 0.75 inch. Inasmuch as specifications are to be met: The calibration test specifications for the above changes minimize the a. The resultant acceleration of the the Hybrid III head and neck dimensional and mass distribution center of gravity of the head shall be components apply. The lateral head deviations from the currently specified between 120 and 150 G. drop tests would be conducted at 18.9– SID, the new neck bracket is included b. The resultant acceleration-time 25.6 degrees C at a relative humidity in the construction of the SID/HIII curve shall be unimodal such that no from 10–70 percent. The lateral neck dummy. oscillation after the main acceleration pendulum tests would be conducted at A total of nine sled lateral impact peak shall exceed 15 percent of the peak 20.6–22.2 degrees C at a relative tests were conducted by NHTSA to resultant head acceleration. humidity from 10–70 percent. assess the durability of the new neck c. The longitudinal acceleration The head and neck components bracket and its potential effects on component shall not exceed 15 G. would be soaked at these conditions for dummy responses. The sled buck at least four hours before testing. A consisted of a bench seat with low 2. Neck Pendulum Test Specifications waiting period of two hours would be friction surfaces and two rigid loading The proposed test procedure is required between two consecutive tests plates on the impacted side at the lateral similar to the Hybrid III neck test, using the same head component. A end of the seat. The lower plate was up except the entire head/neck assembly is waiting period of at least thirty (30)

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Executive Order 12291 (Federal States have 1,000 or fewer employees. and applies only to vehicles procured Regulation) and DOT Regulatory Polices Those that do are not likely to perform for the State’s use. 49 U.S.C. 30161 sets and Procedures testing that would require use of the forth a procedure for judicial review of SID/HIII test device and would be much final rules establishing, amending or This notice was not reviewed more likely to contract with a larger revoking Federal motor vehicle safety pursuant to E.O. 12866, ‘‘Regulatory manufacturer or a test facility to perform standards. That section does not require Planning and Review.’’ NHTSA has such testing. For this reason, NHTSA submission of a petition for considered the impacts of this believes that this proposal would not reconsideration or other administrative rulemaking action and determined that have a significant impact on any small proceedings before parties may file suit it is not significant within the meaning business. in court. of the Department of Transportation’s regulatory policies and procedures. C. Paperwork Reduction Act Submission of Comments The proposed amendments would not In accordance with the Paperwork Interested persons are invited to require any vehicle design changes but Reduction Act of 1980 (Public Law 96– submit comments on the proposal. It is would instead only specify the 511), there are no requirements for requested but not required that 10 construction of a new neck bracket to information collection associated with copies be submitted. join existing components to create the this proposed rule. All comments must not exceed 15 pages in length. (49 CFR 553.21). test dummies used to evaluate a D. National Environmental Policy Act vehicle’s compliance with Standard No. Necessary attachments may be 201 under one of three test options. The NHTSA has also analyzed this appended to these submissions without agency believes that the cost of the new proposed rule under the National regard to the 15-page limit. This neck bracket is approximately $200 to Environmental Policy Act and limitation is intended to encourage $300. The neck bracket is the only new determined that it would not have a commenters to detail their primary hardware that would be required for significant impact on the human arguments in a concise fashion. If a commenter wishes to submit those already employing the SID and environment. certain information under a claim of HIII dummies for compliance testing to E. Executive Order 12612 (Federalism) confidentiality, three copies of the standards other than Standard 201. and Unfunded Mandates Act complete submission, including Costs associated with the use of the purportedly confidential business proposed SID/HIII in the optional side NHTSA has analyzed this proposal in information, should be submitted to the impact test proposed in the August 26, accordance with the principles and Chief Counsel, NHTSA, at the street 1997 NPRM are estimated to be $1,750 criteria contained in E.O. 12612, and address given above, and seven copies for calibration tests for the head, neck, has determined that this proposed rule from which the purportedly confidential lumbar spine, thorax and pelvis. would not have significant federalism information has been deleted should be Therefore, the impacts of the proposed implications to warrant the preparation submitted to the Docket Section. A amendments would be so minimal that of a Federalism Assessment. In issuing this proposal for request for confidentiality should be a full regulatory evaluation is not specifications to create a new test accompanied by a cover letter setting required. dummy by joining components of two forth the information specified in the The agency has prepared a existing dummies with a new neck agency’s confidential business Preliminary Regulatory Evaluation bracket, the agency notes, for the information regulation. 49 CFR part 512. describing the economic and other purposes of the Unfunded Mandates All comments received before the effects of the rulemaking action Act, that it is pursuing the least cost close of business on the comment proposing amendments to Standard No. alternative. Also, as noted above, this closing date indicated above for the 201 requiring the use of this proposed test device will be used if a proposal will be considered, and will be test dummy. Summary discussions of manufacturer chooses one of three available for examination in the docket many of those effects are provided options to test for compliance with at the above address both before and above. For persons wishing to examine Standard 201. As the selection of that after that date. To the extent possible, the full analysis, a copy is being placed option would not be required by this comments filed after the closing date in the docket. proposal or by the earlier companion will also be considered. Comments B. Regulatory Flexibility Act proposal, and as this rulemaking does received too late for consideration in not require use of this new test dummy, regard to the final rule will be The Regulatory Flexibility Act of 1980 this rulemaking does not impose new considered as suggestions for further (Public Law 96–354) requires each costs. While manufacturers choosing to rulemaking action. Comments on the agency to evaluate the potential effects test for compliance under the optional proposal will be available for inspection of a proposed rule on small businesses. tests requiring use of the proposed test in the docket. NHTSA will continue to Modifications to dummy designs affect dummy would incur additional costs, file relevant information as it becomes motor vehicle manufacturers, few of these costs would be negligible. available in the docket after the closing which are small entities. The Small date, and it is recommended that Business Administration (SBA) has set F. Civil Justice Reform interested persons continue to examine size standards for determining if a This proposed rule would not have the docket for new material. business within a specific industrial any retroactive effect. Under 49 U.S.C. Those persons desiring to be notified classification is a small business. The 30103, whenever a Federal motor upon receipt of their comments in the Standard Industrial Classification code vehicle safety standard is in effect, a rules docket should enclose a self- used by the SBA for Motor Vehicles and State may not adopt or maintain a safety addressed, stamped postcard in the Passenger Car Bodies (3711) defines a standard applicable to the same aspect envelope with their comments. Upon

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Motor vehicle safety, Incorporation by (1) The head assembly consists of the § 572.112 Head assembly. reference. assembly specified in subpart E In consideration of the foregoing, it is (§ 572.32) and conforms to each of the The head assembly consists of the proposed that 49 CFR part 572 be drawings subtended under drawing head (drawing 78051–61X, rev. C) with amended as follows: 78051–61X rev. C. the neck transducer structural (2) The neck assembly consists of the replacement (drawing 78051–383X, rev. PART 572Ð[AMENDED] assembly specified in subpart E P) and three (3) accelerometers that are (§ 572.33) and conforms to each of the mounted in conformance to S572.36(c). 1. The authority citation for Part 572 drawings subtended under drawing (a) Test Procedure. (1) Soak the head of Title 49 would continue to read as 78051–90 rev. A. assembly in a test environment at any follows: (3) The thorax assembly consists of temperature between 18.9 to 25.6 Authority: 49 U.S.C. 322, 30111, 30115, the assembly shown as number SID 053 degrees C. (66 to 78 degrees F.) and at 30117, and 30166; delegation of authority at and conforms to each applicable a relative humidity from 10 percent to 49 CFR 1.50. drawing subtended by number SA–SID 70 percent for a period of at least four 2. A new Subpart M, consisting of M030 rev. A. (4) hours prior to its application in a sections 572.110 through 572.116 would (4) The lumbar spine consists of the test. be added to read as follows: assembly specified in subpart B (2) Clean the impact surface of the (§ 572.9(a)) and conforms to drawing SA head skin and impact plate surface with Subpart MÐSide Impact Hybrid Dummy 1,1,1 trichloroethane or equivalent prior 50th Percentile Male 150 M050 and drawings subtended by SA–SID M050 rev. A. to the test. Sec. (5) The abdomen and pelvis consist of (3) Suspend the head, as shown in 572.110 Incorporated materials. Figure 51, so that the midsagittal plane 572.111 General description. the assembly specified in subpart B makes an angle of 35 +/¥1 degrees with 572.112 Head assembly. (§ 572.9) and conform to the drawings 572.113 Neck assembly. subtended by SA 150 M060, the the impact surface and its anterior- 572.114 Thorax. drawings subtended by SA 150 M060 posterior axis is horizontal +/¥1 degree. 572.115 Lumbar spine and pelvis. rev. A and the drawings subtended by (4) Drop the head from a height of 200 572.116 Instrumentation and test SA–SID–087 sheet 1 rev. H, and SA– +/¥0.25 mm (7.87 +/¥0.01 inches), conditions. SID–87 sheet 2 rev. H. measured from the lowest point on the (6) The lower limbs consist of the head, by a means that ensures a smooth, Subpart MÐSide Impact Hybrid assemblies specified in subpart B clean release into a rigidly supported Dummy 50th Percentile Male (§ 572.10) shown as SA 150 M080 and flat horizontal steel plate, which is 50 § 572.110 Incorporated materials. SA 150 M081 in Figure 1 and SA–SID– +/¥2 mm thick and 610 +/¥10 mm square. The plate shall have a clear, dry (a) The drawings, specifications, and M080 and SA–SID–M081 and conform to the drawings subtended by those surface and has any microfinish of 8 to manual referred to in this subpart that 80 microinch/inch rms. are not set forth in full are hereby numbers. (5) Allow at least two (2) hours incorporated in this part by reference. (7) The neck mounting adaptor between successive tests on the same These materials are thereby made part of bracket conforms to drawing 96–SIDH3– head. this subpart. 001. (b) Performance Criteria. (1) When the (b) The materials incorporated in this (8) Upper and middle shoulder foams head assembly is dropped in accordance part by reference are available for conform to drawing 96–SIDH3–006. with S572.112(a), the measured peak examination in the general reference (b) The structural properties of the resultant acceleration shall be between section of Docket No. 88–07, Docket dummy are such that the dummy 120 and 150 G’s. Section, National Highway Traffic conforms to the specifications of this (2) The resultant acceleration-time Safety Administration, Room 5109, 400 Subpart in every respect both before and curve shall be unimodal to the extent Seventh Street, SW, Washington, DC. after being used in vehicle tests specified in Standard No. 201. that oscillations occurring after the main § 572.111 General description. (c) Disassembly, inspection and acceleration pulse shall not exceed 15 (a) The dummy consists of component assembly procedures, external percent (zero to peak) of the main pulse. parts and component assemblies dimensions, weight and drawing list are The longitudinal acceleration vector defined in drawing SA–SIDH3–M001, set forth in the SIDH3 User’s Manual, shall not exceed 15 G’s. dated 4/19/1997, which are described in dated May 1997. BILLING CODE 4910±59±P

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BILLING CODE 4910±59±C

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§ 572.113 Neck assembly. with respect to the pendulum’s (2) The maximum rotation of the The head/neck assembly (consisting longitudinal centerline. The rotation can midsagittal plane of the head shall be 64 of the parts 78051–61X, rev. C; –84; –90, be measured by placing a transducer at to 78 degrees with respect to the rev. A; –94; –98; –104, revision F; –303, the occipital condyles and another at pendulum’s longitudinal centerline. The rev. E; –305; –306; –307, rev. X) which the intersection of the centerline of the decaying head rotation vs. time curve has a six axis neck transducer (drawing neck and the line extending from the shall cross the zero angle between 50 to C–1709, revision D) installed in base of the neck as shown in Figure 52. 70 ms after reaching its peak value. conformance with S572.36(d). (4) Allow the neck to flex without the (3) The moment about the x-axis (a) Test Procedure. (1) Soak the head head or neck contacting any object. which coincides with the midsagittal and neck assembly in a test (5) Release the pendulum and allow it environment at any temperature plane of the head at the level of the to fall freely from a height to achieve an occipital condyles shall have a between 20.6 to 22.2 degrees C. (69 to impact velocity of 6.89 to 7.13 m/s (22.6 72 degrees F.) and at a relative humidity maximum value between 88 and 108 to 23.4 ft/sec) measured at the center of from 10 percent to 70 percent for a Nm. The decaying moment vs. time the pendulum accelerometer. period of at least four (4) hours prior to curve shall first cross zero moment its application in a test. (6) Time zero is defined as the time between 40 and 60 ms after reaching its (2) Torque the jamnut (78051–64) on of initial contact between the striker peak value. The following formula is to the neck cable (78051–301, rev. E) to plate and the pendulum deceleration be used to calculate the moment about 1.35+/¥0.27 Nm (1.0 +/¥0.2 ft-lb) medium. the occipital condyles when using the before each test. (7) Allow a period of at least thirty six-axis neck transducer: (3) Using neck brackets 78051–303 (30) minutes between successive tests and ¥307, mount the head/neck on the same neck assembly. M=Mx+0.01778 Fy assembly to the part 572 pendulum test (b) Performance Criteria. (1) The Where Mx and Fy are the moment and fixture (see S572.33, Figure 22) so that pendulum deceleration pulse is to be force measured by the transducer and the midsagittal plane of the head is characterized in terms of decrease in expressed in terms of Nm and N, vertical and perpendicular to the plane velocity as obtained by integrating the respectively. of motion of the pendulum’s pendulum acceleration output. longitudinal centerline (see S572.33, (4) The maximum rotation of the head Figure 20, except that the direction of with respect to the pendulum’s Time (ms) Pendulum the head/neck assembly is rotated Delta-V (m/s) longitudinal centerline shall occur around the superior-inferior axis by an between 0 and 20 ms after peak angle of 90 degrees). Install suitable 10 ...... 1.96 to 2.55. moment. 20 ...... 4.12 to 5.10. transducers or other devices necessary 30 ...... 5.73 to 7.01. BILLING CODE 4910±59±P for measuring the ‘‘D’’ plane (horizontal 40 to 70 ...... 6.27 to 7.64. surface at the base of the skull) rotation

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BILLING CODE 4910±59±C

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§ 572.114 Thorax. (d) Head Accelerometer mounting is throughout the range of the limb The specifications and test procedure the same as specified in S572.36(c). motion. for the thorax are identical to those set (e) Neck transducer mounting is the (i) Performance tests are conducted at forth in § 572.42. same as specified in S752.36(d). any temperature from 20.6 to 22.2 (f) Instrumentation and sensors used degrees C. (69 to 72 degrees F.) and at § 572.115 Lumbar spine and pelvis. must conform to the Recommended any relative humidity from 10 percent to The specifications and test procedure Practice SAE J–211 (Mar 1995)— 70 percent after exposure of the dummy for the lumbar spine and pelvis are Instrumentation for Impact Test. to those conditions for a period of at least four (4) hours. identical to those set forth in § 572.43. (g) The mountings for the spine, rib (j) For the performance of tests and pelvis accelerometers shall have no § 572.116 Instrumentation and test specified in S572.42 and S572.43, the resonance frequency within a range of 3 conditions. dummy is positioned the same as times the frequency range of the specified in S572.44(h). (a) The test probe for lateral thoracic applicable channel class. and pelvis impact tests are the same as (h) Limb joints of the test dummy are Issued on November 26, 1997. those specified in S572.44(a). set at the force between 1 to 2 g’s, which L. Robert Shelton, (b) Accelerometer mounting in thorax just supports the limb’s weight when Associate Administrator for Safety is the same as specified in S572.44(b). the limbs are extended horizontally Performance Standards. (c) Accelerometer mounting in pelvis forward. The force required to move a [FR Doc. 97–31611 Filed 12–5–97; 8:45 am] is the same as specified in S572.44(c). limb segment does not exceed 2 g’s BILLING CODE 4910±59±P

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Notices Federal Register Vol. 62, No. 235

Monday, December 8, 1997

This section of the FEDERAL REGISTER displays a currently valid OMB control contracts with recipient agencies and contains documents other than rules or number. storage facilities, inventory reports and proposed rules that are applicable to the audits. • Natural Resources Conservation public. Notices of hearings and investigations, Need and Use of the Information: The Service committee meetings, agency decisions and information is used to ensure the rulings, delegations of authority, filing of Title: Application for Payment. efficient and effective administration of petitions and applications and agency OMB Control Number: 0578–0018. statements of organization and functions are Food Distribution Programs at Federal, Summary of Collection: Respondents State, and local levels. examples of documents appearing in this submit an application for payment section. Description of Respondents: State, when a conservation practice as Local or Tribal Government; Individuals prescribed by their contract is or households; Business or other for- DEPARTMENT OF AGRICULTURE completed. profit; Not-for-profit institutions; Need And Use Of The Information: Federal Government. Submission for OMB Review; The information is used to provide cost- Number of Respondents: 396,893. Comment Request share payments to program participants. Frequency of Responses: Description of Respondents: Farms; Recordkeeping; Reporting: On occasion; December 5, 1997. Individuals or households. Monthly; Quarterly; Semi-annually; The Department of Agriculture has Number of Respondents: 21,500. Frequency of Responses: Reporting: Annually. submitted the following information On occasion. Total Burden Hours: 1,157,508. collection requirement(s) to OMB for Total Burden Hours: 8,062. • Food and Consumer Service review and clearance under the Emergency Processing of This Paperwork Reduction Act of 1995, Pub. Submission Has Been Requested by Title: Annual Report NET Program, 7 L. 104–13. Comments regarding (a) December 17, 1997. CFR Part 3016.40. whether the collection of information is OMB Control Number: 0584–0062. necessary for the proper performance of • Agricultural Marketing Service Summary of Collection: State agencies the functions of the agency, including Title: Reporting and Recordkeeping submit an annual performance report of whether the information will have Requirements under Regulations (Other the Nutrition and Education Training practical utility; (b) the accuracy of the than Rules of Practice) under the Program. agency’s estimate of burden including Perishable Agricultural Commodities Need and Use of the Information: The the validity of the methodology and Act, 1930. information is used to monitor assumptions used; (c) ways to enhance OMB Control Number: 0581–0031. accomplishments. the quality, utility and clarity of the Summary Of Collection: The Description of Respondents: State, information to be collected; (d) ways to Perishable Agricultural Commodities Local or Tribal Government. minimize the burden of the collection of Act establishes a code of fair trading Number of Respondents: 56. information on those who are to practices covering the marketing of fresh Frequency of Responses: respond, including through the use of and frozen fruits and vegetables. It Recordkeeping; Reporting: Annually. appropriate automated, electronic, protects growers, shippers, and Total Burden Hours: 896. mechanical, or other technological distributors by prohibiting unfair • Agricultural Marketing Service collection techniques or other forms of practices. information technology should be Need And Use Of The Information: Title: Fresh Bartlett Pears Grown in addressed to: Desk Officer for The Perishable Agricultural Oregon and Washington, M.O. 931. Agriculture, Office of Information and Commodities Act requires nearly all OMB Control Number: 0581–0092. Regulatory Affairs, Office of commission merchants, dealers, and Summary of Collection: Information is Management and Budget (OMB), brokers buying or selling fruits and/or collected from handlers and growers for Washington, D.C. 20503 and to vegetables in interstate or foreign appointing committee members, Department Clearance Office, USDA, commerce to be licensed. The conducting referendums, and reporting OCIO, Mail Stop 7602, Washington, D.C. information collected is used to on shipments and disposition of 20250–7602. Comments regarding these administer licensing provisions under product. Need and Use of the Information: The information collections are best assured the Act. information is used to administer of having their full effect if received Description Of Respondents: Business Marketing Order 931. within 30 days of this notification. or other for-profit; Individuals or Description of Respondents: Business Copies of the submission(s) may be households; Farms. or other for-profit. obtained by calling (202) 720–6746. Number Of Respondents: 25,550. Frequency Of Responses: Number of Respondents: 1,565. An agency may not conduct or Recordkeeping; Reporting: On occasion; Frequency of Responses: sponsor a collection of information Annually. Recordkeeping; Reporting: On occasion; unless the collection of information Total Burden Hours: 118,806. Weekly; Biennially; Semi-Monthly. displays a currently valid OMB control Total Burden Hours: 1,176. number and the agency informs • Food and Consumer Service • Agricultural Marketing Service potential persons who are to respond to Title: Food Distribution Forms. the collection of information that such OMB Control Number: 0584–0293. Title: Apricots Grown in Designated persons are not required to respond to Summary of Collection: Information Counties in Washington, M.O. No. 922. the collection of information unless it collected includes agreements and OMB Control Number: 0581–0095. 64556 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

Summary of Collection: Information is are issued by General Notices published provisions of Title II of the UMRA) for collected from respondents for in the Federal Register and not through State, local, and tribal governments or appointing committee members, rulemaking proceedings. the private sector of $100 million or conducting referendums, and requesting more in any one year. Thus today’s rule Executive Order 12866 waivers for inspection. is not subject to the requirements of Need and Use of the Information: The This notice has been determined to be Sections 202 and 205 of the UMRA. information is used to administer not significant for purposes of Executive Background Marketing Order 922. Order 12866 and therefore has not been Description of Respondents: Business reviewed by the Office of Management Thrifty Food Plan (TFP) and Allotments and Budget (OMB). or other for-profit. As provided for in Section 3(o) of the Number of Respondents: 430. Executive Order 12372 Act, the TFP is a plan for the Frequency of Responses: consumption of foods of different types Recordkeeping; Reporting: On occasion; The Food Stamp Program is listed in (food groups) that families might use to Biennially. the Catalog of Federal Domestic provide nutritious meals and snacks for Total Burden Hours: 39. Assistance under No. 10.551. For the reasons set forth in the Final rule and family members. The plan provides for Donald Hulcher, a diet required to feed a family of four Departmental Clearance Officer. related notice to 7 CFR part 3015, subpart V (48 FR 29916, June 24, 1983), persons consisting of a man and woman [FR Doc. 97–32032 Filed 12–5–97; 8:45 am] this program is excluded from the scope aged 20 to 50, a child 6 to 8 and a child BILLING CODE 3410±01±M of Executive Order No. 12372 which 9 to 11. The cost of the TFP is adjusted requires intergovernmental consultation monthly to reflect changes in the costs with State and local officials. of the food groups. DEPARTMENT OF AGRICULTURE The TFPs for Alaska and Hawaii are Regulatory Flexibility Act based on an adjusted average for the six- Food and Consumer Service The Under Secretary for Food, month period that ends with June 1997. RIN 0584±AC58 Nutrition, and Consumer Services has Since the Bureau of Labor Statistics (the certified that this action will not have a source of food price data) no longer Food Stamp Program: Maximum significant economic impact and will publishes monthly information to Allotments for Alaska, Hawaii, Guam, not have an impact on a substantial compute Alaska and Hawaii TFPs, the and the Virgin Islands number of small entities. The action adjusted average provides a proxy for AGENCY: Food and Consumer Service, will increase the amount of money actual June 1997 TFP costs. The USDA. spent on food through increases in food adjusted average is equal to January- June 1997 TFP costs for Alaska and ACTION: General notice. stamp benefits. However, this money will be distributed among all eligible Hawaii increased by the average SUMMARY: By this notice, the food stamp vendors, so the effect on any percentage difference between the cost Department of Agriculture is updating one vendor will not be significant. of the TFP in Alaska and Hawaii in June for Fiscal Year 1998 the maximum food and the January-June average in 1986 (a Paperwork Reduction Act stamp allotments for participating 1.53 percent increase over January-June households in Alaska, Hawaii, Guam, This action does not contain reporting costs in Alaska and 1.82 percent and the Virgin Islands. These annual or record keeping requirements subject increase in Hawaii). adjustments, required by law, take into to review by OMB pursuant to the For the period January through June account changes in the cost of food and provisions of the Paperwork Reduction 1997, the average cost of the TFP was statutory adjustments since the amounts Act of 1995, 44 U.S.C. 3507. $502.90 in Alaska, and $645.50 in were last calculated. Hawaii. The proxy in Alaska for actual Unfunded Mandate Reform Act of 1995 June 1997 TFP costs was $510.59. This EFFECTIVE DATE: This notice is effective (UMRA) proxy is multiplied by three separate December 8, 1997. Title II of UMRA establishes adjustment factors to create three TFPs FOR FURTHER INFORMATION CONTACT: requirements for Federal agencies to for Urban Alaska, Rural I Alaska, and Margaret Werts Batko, Assistant Branch assess the effects of their regulatory Rural II Alaska. The proxy in Hawaii for Chief, Certification Policy Branch, actions on State, local, and tribal actual June 1997 TFP costs was $657.24. Program Development Division, Food governments and the private sector. The June 1997 cost of the TFP was and Consumer Service, U.S. Department Under Section 202 of the UMRA, FCS $602.20 in Guam and $525.30 in the of Agriculture, 3101 Park Center Drive, generally must prepare a written Virgin Islands. Alexandria, VA 22302, or telephone at statement, including a cost-benefit The maximum food stamp allotment (703) 305–2516. The e-mail address is is paid to households that have no net l analysis, for proposed and final rules Margaret [email protected]. with ‘‘Federal mandates’’ that may income. For households with some type SUPPLEMENTARY INFORMATION: result in expenditures to State, local, or of income, their allotments are tribal governments, in the aggregate, or determined by reducing the maximum Implementation to the private sector, of $100 million or allotment for their household size by 30 As required by Section 3(o) of the more in any one year. When such a percent of the household’s net income Food Stamp Act of 1977 (the Act), 7 statement is needed for a rule, section in accordance with Section 8 (a) of the U.S.C. 2012 (o), State agencies should 205 of the UMRA generally requires FCS Act, 7 U.S.C. 2017 (a). To obtain the have implemented this action on to identify and consider a reasonable maximum food stamp allotment for each October 1, 1997, based on advance number of regulatory alternatives and household size, the TFP costs are notice of the new amounts. As required adopt the least costly, more cost- divided by four, multiplied by the by regulations published at 47 FR 46485 effective or least burdensome alternative appropriate household size and (October 19, 1982), annual statutory that achieves the objectives of the rule. economy of scale factor, and the final adjustments to the maximum allotment This notice contains no Federal result rounded down to the nearest levels and income eligibility standards mandates (under the regulatory dollar. Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64557

Pursuant to Section 3 (o) (3) of the exceed those in the 50 States and the TFPs or the TFP for rural II Alaska. Act, maximum food stamp benefits for District of Columbia, so they are based Guam and the Virgin Islands cannot upon either the lower of their respective

MAXIMUM ALLOTMENT AMOUNTS 1ÐOCTOBER 1997, AS ADJUSTED

Household Urban Rural I Rural II Virgin Hawaii Guam 2 Size Alaska Alaska Alaska Islands 2

1 ...... $154 $196 $239 $197 $180 $157 2 ...... 283 360 439 361 331 288 3 ...... 405 516 628 517 474 413 4 ...... 514 656 798 657 602 525 5 ...... 611 779 948 780 715 623 6 ...... 733 935 1,138 936 858 748 7 ...... 810 1,033 1,257 1,035 948 827 8 ...... 926 1,181 1,437 1,183 1,083 945 Each Additional Member ...... +116 +148 +180 +148 +135 +118 1 Adjusted to reflect the cost of food in June, adjustments for each household size, economies of scale, and 1.00 percent of the TFP and rounding. 2 Adjusted to reflect changes in the cost of food in the 48 States and D.C., which correlate with price changes in these areas. Maximum allot- ments in these areas cannot exceed those in Rural II Alaska.

Dated: November 17, 1997. SUPPLEMENTARY INFORMATION: will increase the amount of money Yvette S. Jackson, Implementation spent on food through food stamps. Administrator, Food and Consumer Services. However, this money will be distributed [FR Doc. 97–31973 Filed 12–5–97; 8:45 am] As required by Section 3(o) of the among the nation’s food vendors, so the Food Stamp Act of 1977 (the Act), 7 BILLING CODE 3410±30±U effect on any one vendor will not be U.S.C. 2012(o), State agencies should significant. have implemented the adjustments to Paperwork Reduction Act DEPARTMENT OF AGRICULTURE the maximum food stamp allotments reflected in this notice on October 1, This action does not contain reporting Food And Consumer Service 1997, based on advance notice of the or recordkeeping requirements subject new amounts. In accordance with to approval by OMB pursuant to the regulations published at 47 FR 46485– RIN 0584±AC57 provisions of the Paperwork Reduction 46487 (October 19, 1982), annual Act of 1995, 44 U.S.C. 3507. Food Stamp Program: Maximum statutory adjustments to the maximum Allotments for the 48 States and the allotment levels and income eligibility Unfunded Mandate Reform Act of 1995 District of Columbia, and Income standards are issued by general notices (UMRA) Eligibility Standards for the 48 States published in the Federal Register and and the District of Columbia, Alaska, not through rulemaking proceedings. Title II of UMRA establishes Hawaii, Guam, and the Virgin Islands requirements for Federal agencies to Classification assess the effects of their regulatory AGENCY: Food and Consumer Service, Executive Order 12866 actions on State, local, and tribal USDA. governments and the private sector. This notice has been determined to be Under Section 202 of the UMRA, FCS ACTION: General notice. not significant for purposes of Executive generally must prepare a written Order 12866 and therefore has not been SUMMARY: The purpose of this notice is statement, including a cost-benefit reviewed by the Office of Management to update for Fiscal Year 1998 the analysis, for proposed and final rules and Budget (OMB). maximum allotment levels, which are with ‘‘Federal mandates’’ that may the basis for determining the amount of Executive Order 12372 result in expenditures to State, local, or food stamps which participating The Food Stamp Program is listed in tribal governments, in the aggregate, or households receive and the gross and to the private sector, of $100 million or net income limits for food stamp the Catalog of Federal Domestic Assistance under No. 10.551. For the more in any one year. When such a eligibility. These adjustments, required statement is needed for a rule, Section by law, take into account changes in the reasons set forth in the final rule related notice to 7 CFR part 3015, subpart V (48 205 of the UMRA generally requires FCS cost of living and statutory adjustments to identify and consider a reasonable since the amounts were last calculated. FR 29116, June 24, 1983), this program is excluded from the scope of Executive number of regulatory alternatives and DATES: This notice is effective December Order 12372 which requires adopt the least costly, more cost- 8, 1997. intergovernmental consultation with effective or least burdensome alternative FOR FURTHER INFORMATION CONTACT: State and local officials. that achieves the objectives of the rule. Margaret Werts Batko, Assistant Chief, This notice contains no Federal Certification Policy Branch, Program Regulatory Flexibility Act mandates (under the regulatory Development Division, Food Stamp The Under Secretary for Food, provisions of Title II of the UMRA) for Program, Food and Consumer Service, Nutrition and Consumer Services has State, local, and tribal governments or USDA, 3101 Park Center Drive, certified that this action will not have a the private sector of $100 million or Alexandria, Virginia 22302, (703) 305– significant economic impact and will more in any one year. Thus this rule is 2516. The e-mail address is not have an impact on a substantial not subject to the requirements of [email protected]. number of small entities. The action sections 202 and 205 of the UMRA. 64558 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

Background FOOD STAMP PROGRAMÐOCTOBER 1, amounts were established on each October 1 at 103% of the cost of the TFP Income Eligibility Standards 1997±SEPTEMBER 30, 1998ÐCon- tinued in the previous June. Amended Section The eligibility of households for the 3(o)(4) of the Act now provides that the Food Stamp Program, except those in TFP will be adjusted each October 1 to Household size 48 Alaska Hawaii which, in accordance with Section 5(a) States1 reflect the exact cost, or 100%, of the of the Act, 7 U.S.C. 2014(a), all members TFP for the previous June, rounding the are receiving ‘‘benefits under a State 4 ...... 1,338 1,673 1,539 results to the nearest lower dollar program funded under part A of title IV 5 ...... 1,565 1,956 1,800 increment for each household size, 6 ...... 1,791 2,240 2,060 of the Social Security Act [], except that on October 1,1996, the TFP supplemental security income [SSI] 7 ...... 2,018 2,523 2,321 8 ...... 2,245 2,806 2,582 was not to have been reduced below the benefits under title XVI of the Social Each add. amounts in effect on September 30, Security Act [], or aid to the aged, blind, member ...... +227 +284 +261 1996. or disabled under title I, X, XIV, or XV To obtain the maximum food stamp of the Social Security Act. * * *’’ , is Gross Monthly Income Eligibility Standards determined by comparing their incomes (130 Percent of Poverty Level) allotment for each household size for to the appropriate income eligibility 1 ...... $855 $1,070 $983 the period October 1, 1997, to standards (limits). Pursuant to Section 2 ...... 1,150 1,438 1,322 September 30, 1998, June 1997 TFP 5(c)(2) of the Act, households 3 ...... 1,445 1,806 1,661 costs for the above described four- containing an elderly or disabled 4 ...... 1,739 2,175 2,000 person household were divided by four, 5 ...... 2,034 2,543 2,339 multiplied by the appropriate member are required to have qualifying 6 ...... 2,329 2,911 2,678 net incomes, while households which household size and economy of scale 7 ...... 2,623 3,280 3,018 factor, in accordance with Section do not contain an elderly or disabled 8 ...... 2,918 3,648 3,357 member must have qualifying net Each add. 3(o)(1) of the Act, and the final result incomes and qualifying gross incomes. Member ...... +295 +369 +340 was rounded down to the nearest dollar. Households in which all members are The maximum benefit, or allotment, is receiving Social Security Act title IV Gross Monthly Income Eligibility Standards paid to households with no net income. benefits or SSI are ‘‘categorically For Households Where Elderly Disabled For a household with income, the eligible;’’ under 7 CFR 273.2(j)(2) their Are A Separate Household (165 Percent household’s allotment is determined by incomes do not have to be below the of Poverty Level) reducing the maximum allotment for the 1 ...... $1,085 $1,358 $1,248 income limits. household’s size by 30 percent of the 2 ...... 1,459 1,825 1,678 individual household’s net income in As provided in Section 5(c)(1) of the 3 ...... 1,833 2,293 2,108 Act, the net and gross income limits 4 ...... 2,207 2,760 2,539 accordance with Section 8(a) of the Act, applicable to food stamp eligibility are 5 ...... 2,581 3,228 2,969 7 U.S.C. 2017(a). The following table derived from the Federal income 6 ...... 2,955 3,695 3,399 shows the current allotments for the 48 poverty guidelines established under 7 ...... 3,329 4,163 3,830 States and the District of Columbia. Section 673(2) of the Community 8 ...... 3,703 4,630 4,260 Services Block Grant Act, 42 U.S.C. Each add. FOOD STAMP PROGRAMÐOCTOBER 1, 9902(2). The net income limit is 100 Member ...... +374 +468 +431 1997±SEPTEMBER 30, 1998 percent of the poverty line. The gross 1 Includes District of Columbia, Guam, and [Maximum Food Stamp Allotments] income limit is 130 percent of the the Virgin Islands. poverty line. The guidelines are updated Thrifty Food Plan (TFP) and Allotments Household size 48 annually. Based on that update, the States1 Food Stamp Program’s income As provided for in Section 3(o) of the eligibility standards are updated each Act, the TFP is a plan for the 1 ...... $122 October 1. Instructions for consumption of foods of different types 2 ...... 224 implementation of the required (food groups) that a household might 3 ...... 321 adjustments for October 1, 1997, were use to provide nutritious meals and 4 ...... 408 5 ...... 485 snacks for household members. The issued by the Deputy Administrator of 6 ...... 582 the Food and Consumer Service, Food plan reflects a diet required to feed a 7 ...... 643 Stamp Program, in a July 29, 1997, family of four persons consisting of a 8 ...... 735 memorandum to all State Food Stamp man and a woman aged 20 to 50, a child Each Additional Person ...... +92 Program Directors. The revised income 6 to 8 and a child 9 to 11. The cost of eligibility standards for the 48 States the TFP is adjusted monthly to reflect 1 48 States and the District of Columbia. (including the District of Columbia, changes in the costs of the food groups. Dated: November 25, 1997. Guam and the Virgin Islands), Alaska The TFP is also the basis for Yvette S. Jackson, and Hawaii are as follows: establishing food stamp allotments. Administrator, Food and Consumer Service. ‘‘Allotment’’ is defined in Section 3(a) [FR Doc. 97–31972 Filed 12–5–97; 8:45 am] FOOD STAMP PROGRAMÐOCTOBER 1, of the Act as ‘‘the total value of coupons BILLING CODE 3410±30±U 1997±SEPTEMBER 30, 1998 a household is authorized to receive during each month.’’ Food stamp 48 Household size Alaska Hawaii allotments are adjusted periodically to DEPARTMENT OF AGRICULTURE States1 reflect the changes in food cost levels indicated in the changing amounts of Rural Utilities Service Net Monthly Income Eligibility Standards the TFP. Prior to the amendment of (100 Percent of Poverty Level) Section 3(o) of the Act by Section 804 Kodiak Electric Association, Inc.; 1 ...... $658 $823 $ 756 of Pub. L. 104–193, the Personal Finding of no Significant Impact 2 ...... 885 1,106 1,017 Responsibility and Work Opportunity 3 ...... 1,111 1,390 1,278 Reconciliation Act of 1996, allotment AGENCY: Rural Utilities Service, USDA. Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64559

ACTION: Notice of finding of no avoided through project design or We have preliminarily found that significant impact. mitigated to less than significant levels. sales of subject merchandise have been The project should have no impact on made below normal value. If these SUMMARY: Notice is hereby given that floodplains, important farmland, prime preliminary results are adopted in our the Rural Utilities Service (RUS), forest land, or formally classified areas final results, we will instruct the pursuant to the National Environmental and would be consistent with the Customs Service to assess antidumping Policy Act of 1969, as amended, the policies of the Alaska Coastal duties based on the difference between Council on Environmental Quality Management Program. the U.S. price and normal value. Regulations (40 CFR Parts 1500–1508), Alternatives to the project as Interested parties are invited to and RUS Environmental Policies and proposed were considered, including comment on these preliminary results. Procedures (7 CFR Part 1794), has made alternative power generation sites, We will issue the final results not later a Finding of No Significant Impact alternative transmission line routes, than 120 days from the date of (FONSI) with respect to a project alternative fuel delivery and storage publication of this notice. proposed by Kodiak Electric facilities, various alternative energy EFFECTIVE DATE: December 8, 1997. Association, Inc. (KEA), of Kodiak, sources, power demand and load Alaska. The proposed project consists of FOR FURTHER INFORMATION CONTACT: management alternatives, and the no- constructing a 5.0 to 7.5 megawatt (MW) Cynthia Thirumalai, Marian Wells, or action alternative. RUS has considered combustion turbine cogeneration power Rosa Jeong, Import Administration, these alternatives and has concluded plant, a substation, a fuel storage tank, International Trade Administration, that the project, as proposed, will allow and an approximately four mile-long 69 U.S. Department of Commerce, 14th KEA to provide adequate and reliable kV transmission line. The purpose of Street and Constitution Avenue, N.W., electric service to its customers on the project is to increase KEA’s Washington, D.C. 20230; telephone Kodiak Island, including the U.S. Coast generation capacity to meet future (202) 482–4087, 482–6309, and 482– Guard, with minimum adverse impacts. power demand, to produce steam for the 1278 respectively. Copies of the BER and FONSI are U.S. Coast Guard for space heating, and available for review at RUS at the The Applicable Statute and Regulations to increase reliability of electric power aforementioned address or may be service to KEA customers including the Unless otherwise indicated, all reviewed at or obtained from the offices U.S. Coast Guard. The need for this citations to the statute are references to project was established in KEA’s 1994 of KEA, P.O. Box 787, Kodiak, Alaska, the provisions effective January 1, 1995, Power Requirements Study, 1994 Power 99615, Telephone (907) 486–7700. the effective date of the amendments Generation Study, and 1996 Power Copies are also available for public made to the Tariff Act of 1930 (the Act) Generation Study Supplement. review at the Kodiak City Library and by the Uruguay Round Agreements Act RUS has concluded that the impacts the U.S. Coast Guard Integrated Support (URAA). In addition, unless otherwise from the proposed project would not be Command Administration Building, indicated, all citations to the significant and that the proposed action Second Deck. Department of Commerce’s (the is not a major federal action Dated: December 2, 1997. Department’s) regulations refer to the significantly affecting the quality of the Adam M. Golodner, regulations, codified at 19 CFR part 353, human environment. Therefore, the Deputy Administrator, Program Operations. April 1997. preparation of an environmental impact [FR Doc. 97–32030 Filed 12–5–97; 8:45 am] statement is not necessary. Background BILLING CODE 3410±15±P FOR FURTHER INFORMATION CONTACT: Since the publication of Notice of Nurul Islam, Environmental Protection Extension of Time Limit for Preliminary Results, Partial Termination of Specialist, Engineering and DEPARTMENT OF COMMERCE Environmental Staff, Rural Utilities Antidumping Duty Administrative Service, 1400 Independence Avenue, International Trade Administration Review and Initiation of Changed SW, Stop 1571, Washington, DC 20250– Circumstances Review, on July 15, 1997 1571, telephone (202) 720–1784, e-mail: [A±580±809] (62 FR 37865), the following has [email protected]. occurred. Circular Welded Non-Alloy Steel Pipe On July 25, 1997, the Department SUPPLEMENTARY INFORMATION: RUS, in From the Republic of Korea; issued a supplemental questionnaire to accordance with its environmental Preliminary Results of Antidumping Korea Iron and Steel Co., Ltd. (KISCO) policies and procedures, required that Administrative Review KEA prepare a Borrower’s and Union Steel Manufacturing Co., Ltd. Environmental Report (BER) reflecting AGENCY: Import Administration, (Union) asking about issues of the potential impacts of the proposed International Trade Administration, affiliation. The companies responded to facilities. The BER, which includes Department of Commerce. the affiliation questions on August 6, input from federal, state, and local ACTION: Notice of preliminary results of 1997. We notified Union and KISCO in agencies, has been reviewed and antidumping duty administrative review an October 22, 1997, letter that their adopted as RUS’s Environmental of circular welded non-alloy steel pipe responses should be consolidated into Assessment for the project in from the Republic of Korea. one response (see ‘‘Collapsing Union accordance with 7 CFR 1794.61. RUS and KISCO’’ in this notice). The has concluded that the BER represents SUMMARY: The Department of Commerce Department received a consolidated an accurate assessment of the is conducting an administrative review response from these companies on environmental impacts of the project. of the antidumping duty order on November 17, 1997. Based on coordination with appropriate circular welded non-alloy steel pipe On October 30, 1997, we requested federal and state agencies, potential from the Republic of Korea. The period respondents to resubmit their data using impacts to water quality, air quality, of review is November 1, 1995 through purchase order/contract date, as wetlands, federally listed threatened or October 31, 1996. This review covers opposed to invoice date, as date of sale endangered species, cultural resources, imports of pipe from four producers/ for U.S. transactions. We received noise levels, and visibility can either be exporters. partially updated sales databases with 64560 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices the new date of sale from SeAH Steel outlined above, and entered as line pipe again closely analyzed the relevant Corporation (SeAH) and Shinho Steel of a kind used for oil and gas pipelines factors in light of the information on Co., Ltd. (Shinho) on November 17, is outside of the scope of the record of the present review. We 1997. (In the case of Hyundai Pipe Co. antidumping duty order. determined that the factors that led to Ltd. (Hyundai), this information had Imports of these products are the collapsing decision in the first been previously requested and supplied currently classifiable under the review continue to exist in the present to the Department.) Union/KISCO’s following Harmonized Tariff Schedule review. Therefore, we have collapsed collapsed submission received on (HTS) subheadings: 7306.30.10.00, Union and KISCO and calculated a November 17, 1997 did not include the 7306.30.50.25, 7306.30.50.32, single antidumping duty rate for the change in the date of sale. 7306.30.50.40, 7306.30.50.55, collapsed entity. Supplemental questionnaires were 7306.30.50.85, and 7306.30.50.90. sent to respondents in November 1997. Although the HTS subheadings are Date of Sale Responses to our supplemental provided for convenience and customs When determining which sales fall questionnaires regarding level of trade purposes, our written description of the within the period of review (POR), (LOT) were received by November 13, scope of this proceeding is dispositive. respondents used either invoice date, 1997. Additional supplemental tax invoice date, or shipment date Collapsing KISCO and Union questionnaires responses from all (collectively referred to hereafter as respondents are due December 3, 1997. On May 22 and June 30, 1997, the ‘‘invoice date’’) as the date of sale. Most We intend to issue the final results of petitioners, Allied Tube and Conduit respondents claimed that the invoice this review not later than 120 days after Corporation, Sawhill Tubular Division- date is what is maintained in their publication of these preliminary results. Armco, Inc. and Wheatland Tube corporate records and that use of Company, argued that because of the invoice date is in accordance with the Scope of Review strong possibility of manipulation of Department’s stated practice (see The merchandise subject to this prices and production, the Department Memorandum from Susan G. Esserman review is circular welded non-alloy should treat Union and KISCO as a ‘‘Date of Sale Methodology Under New steel pipe and tube, of circular cross- single, collapsed entity and calculate a Regulations,’’ March 29, 1996). section, not more than 406.4mm (16 single combined antidumping duty rate Based on our review of the responses, inches) in outside diameter, regardless for both companies. In determining we determined invoice date should not of wall thickness, surface finish (black, whether companies should be be used as the date of sale for U.S. galvanized, or painted), or end finish collapsed, the Department makes three transactions. (For home market (plain end, beveled end, threaded, or inquiries. First, the Department transactions, we find that invoice date threaded and coupled). These pipes and examines whether the companies in reasonably approximates the date on tubes are generally known as standard question are ‘‘affiliated’’ within the which the material terms of sale are pipes and tubes and are intended for the meaning of section 771(33) of the Act. made and have used this as our date of low-pressure conveyance of water, Second, the Department examines sale.) While each company has a slightly steam, natural gas, air, and other liquids whether the companies in question have different U.S. sales process, consistent and gases in plumbing and heating similar production facilities, such that throughout the responses is the notion systems, air-conditioning units, retooling would not be required to shift that price and quantity are established, automatic sprinkler systems, and other production from one company to then the factory produces the subject related uses. Standard pipe may also be another. Third, the Department merchandise, and finally, after a used for light load-bearing applications, examines whether there exists other significant period of time, the product is such as for fence tubing, and as evidence indicating a significant shipped and an invoice is issued. Based structural pipe tubing used for framing potential for the manipulation of prices on this understanding of the companies’ and as support members for or production. The types of factors the U.S. sales process, we instructed reconstruction or load-bearing purposes Department considers in determining respondents to report as the date of sale in the construction, shipbuilding, whether there is a significant potential the date that will reasonably trucking, farm equipment, and other for the manipulation of prices or approximate the time at which the related industries. Unfinished conduit production include: (1) The level of material terms of sale are set (see, pipe is also included in this order. common ownership; (2) the existence of Memorandum for Richard W. Moreland, All carbon-steel pipes and tubes interlocking officers or directors (e.g., dated October 30, 1997). within the physical description outlined whether managerial employees or board The above-mentioned change in the above are included within the scope of members of one company sit on the U.S. date of sale necessitated changes to this review except line pipe, oil-country board of directors of the other affiliated the U.S. sales listings of respondents to tubular goods, boiler tubing, mechanical parties); and (3) the existence of correct the date of sale. As a tubing, pipe and tube hollows for intertwined operations. See Certain consequence of the change in the U.S. redraws, finished scaffolding, and Cold-Rolled Carbon Steel Flat Products date of sale, home market sales listings finished conduit. In accordance with the from Korea, 60 FR 65284 (December 19, also have to be revised to include sales Department’s Final Negative 1995) (Korean Steel). of identical and similar merchandise Determination of Scope Inquiry on In the first administrative review of that are contemporaneous with U.S. Certain Circular Welded Non-Alloy this order, the petitioners also argued sales. Due to the late date on which we Steel Pipe and Tube from Brazil, the that Union and KISCO should be informed respondents of the need to Republic of Korea, Mexico, and collapsed, and the Department agreed. change the U.S. date of sale, all Venezuela (61 FR 11608, March 21, See Final Results of Antidumping Duty respondents were not able to modify 1996), pipe certified to the API 5L line- Administrative Review and Partial fully their U.S. and home market sales pipe specification and pipe certified to Termination of Administrative Review: listings in time for these preliminary both the API 5L line-pipe specifications Circular Welded Non-Alloy Steel Pipe results of review. Therefore, we have and the less-stringent ASTM A–53 From the Republic of Korea, 62 FR used the most current sales listings standard-pipe specifications, which falls 55574 (October 27, 1997) (Pipe First available to the Department. Hyundai, within the physical parameters as Review). In the present proceeding, we SeAH, and Shinho partially revised Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64561 their U.S. sales listings by changing the The case cited by petitioners dealt 772(c)(2)(A) of the Act; these included date of sale for previously reported with home market sales. Contrary to foreign inland freight, foreign brokerage transactions. Union/KISCO was unable petitioners’ assertions, the Department and handling, ocean freight, marine to provide a collapsed sales listing excluded all resales of merchandise insurance, U.S. customs brokerage, U.S. reflecting the change in the U.S. date of purchased from an unaffiliated producer customs duties, harbor maintenance sale in time for these preliminary from its foreign market value (FMV) fees, merchandise processing fees, and results. As a result, we are using invoice calculation in Cement and Clinker to the U.S. inland freight expenses (freight date as the date of Union/KISCO’s U.S. extent that they were separately from port to warehouse and freight from sales. Furthermore, for all respondents, identifiable. It was only in those cases warehouse to the customer). we have made comparisons to where resales were inextricably In accordance with section 772(d)(1) constructed value (CV) for U.S. sales commingled with the respondent’s own of the Act, we deducted from CEP those that do not have contemporaneous product sales and where the inclusion selling expenses associated with home market sales matches. of these resales did not distort the FMV economic activities occurring in the calculation that the Department allowed United States, including commissions, Resales of Subject Merchandise them to be included among the direct selling expenses (credit costs, Some companies purchase subject respondent’s home market sales. introduction allowances, and warranty merchandise from unaffiliated Therefore, this precedent does not expenses), inventory carrying costs, and manufacturers and then further provide a basis for including resales of indirect selling expenses, where manufacture it into products also within this merchandise in the home market in applicable. Credit expenses were offset the scope of this review. For purposes our calculation of normal value (NV). by interest revenues, where applicable. of these preliminary results, we have Consequently, products purchased from We also deducted from CEP an amount included sales of all such further- this unaffiliated producer and resold for profit in accordance with section manufactured subject merchandise in into the U.S. market have not been 772(d)(3) of the Act. our analysis. included among SeAH’s U.S. or home Normal Value market sales listings. SeAH We compared the aggregate quantity Product Comparisons of home market and U.S. sales and During the POR, SeAH purchased a determined that the quantity of each small quantity of subject merchandise We calculated monthly, weighted- average, NVs. Where possible, we company’s sales in its home market was from an unaffiliated producer, and compared U.S. sales to sales of identical more than five percent of the quantity subsequently resold the merchandise in merchandise in Korea. When identical of its sales to the U.S. market. the United States. According to SeAH, merchandise was not sold during the Consequently, pursuant to section the unaffiliated producer was aware of relevant contemporaneous period, we 773(a)(1)(B) of the Act, we based NV on the ultimate destination of the compared U.S. sales to sales of the most home market sales. merchandise at the time of sale to SeAH similar foreign like product (see section Certain respondents reported sales in (see SeAH response of March 24, 1997, 771(16)(B) and (C) of the Act). the home market of ‘‘overrun’’ p. 33). merchandise (i.e., sales of a greater In their June 24, 1997 submission, Export Price and Constructed Export quantity of pipe than the customer petitioners argue that products Price ordered due to overproduction). purchased from the unaffiliated For sales to the United States, we Respondents claimed that we should producer and resold by SeAH should be used export price (EP) or constructed disregard ‘‘overrun’’ sales in the home included in SeAH’s U.S. and home export price (CEP) as defined in sections market as outside the ordinary course of market sales listings. To support this 772(a) and 772(b) of the Act, as trade. argument, petitioners cite to Gray appropriate. Section 773(a)(1)(B) of the Act Portland Cement and Clinker from In accordance with sections 772(a) provides that normal value shall be Japan, 61 FR 67308 (December 20, 1997) and (c) of the Act, we calculated an EP based on the price at which the foreign (Cement and Clinker). where the merchandise was sold like product is sold in the usual Regarding U.S. sales, the Department directly to the first unaffiliated commercial quantities and in the examines the first party in the purchaser in the United States prior to ordinary course of trade. Ordinary distribution chain selling with the importation, and CEP was not otherwise course of trade is defined in section knowledge that the merchandise is warranted based on the facts of record. 771(15) of the Act. We analyzed the destined for the U.S. See 19 CFR In accordance with sections 772(b), (c) following criteria to determine whether 353.41(b), Certain Pasta from Italy: and (d) of the Act, we calculated a CEP ‘‘overrun’’ sales differ from other sales Notice of Preliminary Determination of for sales made by affiliated U.S. resellers of commercial pipe: (1) ratio of overrun Sales at Less Than Fair Value and that took place after importation into the sales to total home market sales; (2) Postpone of Final Determination, 60 FR United States. EP and CEP were based number of overrun customers compared 1344, 1348–1349 (January 19, 1996) on the packed C&F, delivered, CIF duty to total number of home market (Pasta from Italy). In SeAH’s case, the paid, or ex-dock duty paid price to customers; (3) average price of an unaffiliated producer knew at the time unaffiliated purchasers in, or for overrun sale compared to average price of the sale to SeAH that the exportation to, the United States. As of a commercial sale; (4) profitability of merchandise was destined for the appropriate, we made deductions for overrun sales compared to profitability United States. Therefore, the discounts and rebates, including early of commercial sales; and (5) average appropriate export price for that payment discounts. We added to U.S. quantity of an overrun sale compared to merchandise would be the price price amounts for duty drawback, the average quantity of a commercial between the unaffiliated producer and pursuant to section 772 (c)(1)(B) of the sale. Based on our analysis of these SeAH (see Pasta from Italy). Moreover, Act, to the extent that such rebates were criteria and on an analysis of the terms the unaffiliated producer would be the not excessive (see Pipe First Review). of sale, we found certain overrun sales appropriate party to be reviewed with We also made deductions for movement to be outside the ordinary course of respect to these resales. expenses in accordance with section trade. This analysis is consistent with 64562 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices the analysis sustained by the Court of the extent practicable, the Department Shinho, Hyundai, and KISCO/Union International Trade in Laclede Steel Co. will calculate NV based on sales at the Based on an analysis of the selling V. United States, Slip. Op. 94–114 same LOT as the EP or CEP. When the functions, class of customers, and level (1995). Department is unable to find sales of the of selling expenses, we found that sales Hyundai and SeAH had sales in the foreign like product in the comparison made by Shinho, Hyundai and KISCO/ home market to affiliated customers. To market at the same LOT as the EP or Union were at a single stage in the test whether these sales were made at CEP, the Department may compare the marketing process in both the home arm’s length, we compared the starting U.S. sale to sales at a different LOT in market and the United States (i.e., one prices of sales to affiliated and the comparison market. unaffiliated customers, net of all LOT exists in home market and one movement charges, direct and indirect We determine that sales are made at LOT exists in the United States with selling expenses, discounts and packing. different levels of trade if they are made respect to each company). Moreover, Where the price to the affiliated party at different marketing stages (or their because the stages of marketing in the was on average 99.5 percent or more of equivalent). Substantial differences in two markets were not substantially the price to the unaffiliated parties, we selling activities are a necessary, but not dissimilar, we have preliminarily found determined that the sales made to the sufficient, condition for determining that sales in both markets are at the affiliated party were at arm’s length and that there is a difference in the stages of same LOT and consequently no LOT included those sales in our calculation marketing. See Certain Welded Carbon adjustment is warranted. of NV pursuant to 19 CFR 353.45(a). Steel Standard Pipes and Tubes from SeAH We made adjustments for differences India; Preliminary Results of New in packing in accordance with section Shipper Antidumping Duty With respect to SeAH’s EP sales, we 773(a)(6)(A) and B(i) of the Act. We also Administrative Review, 62 FR 23760, found that sales were made at a single made adjustments for movement 23761(May 1, 1997). See, also, 19 CFR stage in the marketing process in both expenses, consistent with section 351.412 (62 FR 27296, 27414–27415 the home market and the United States, and that these stages of marketing were 773(a)(6)(B) of the Act, for inland (May 19, 1997)) for a concise not substantially dissimilar. Therefore, freight. In addition, we made description of this practice. adjustments for differences in cost we have preliminarily found that In implementing these principles in attributable to differences in physical SeAH’s EP and home market sales are at this review, we obtained information characteristics of the merchandise the same LOT and that no LOT pursuant to section 773(a)(6)(C)(ii) of from each respondent regarding the adjustment is needed. the Act, as well as for differences in marketing stage involved in the reported SeAH asserts that its home market circumstances of sale (COS) in home market and U.S. sales, including sales are at a more advanced LOT than accordance with section 773(a)(6)(C)(iii) a description of the selling activities its CEP sales because the CEP LOT does of the Act and 19 CFR. 353.56. For performed by the respondents for each not include inventory maintenance or comparisons to EP, we made COS channel of distribution. (For further expenses associated with arranging for adjustments by deducting direct selling information on the LOT analysis for freight. We have preliminarily expenses incurred on home market sales each company, see the Memorandum determined that these differences in (credit expenses as offset by interest from the team to S. Kuhbach of selling activities are not substantial and, revenue) and adding U.S. direct selling December 1, 1997.) Pursuant to section therefore, that SeAH’s home market and expenses (credit costs, introduction 773(a)(1)(B)(i) of the Act and the SAA at CEP sales are made at the same allowances, and warranty expenses). For 827, in identifying levels of trade for EP marketing stages. Consequently, we comparisons to CEP, we made COS and home market sales we considered preliminarily determine that SeAH’s adjustments by deducting direct selling the selling functions reflected in the home market and U.S. sales are at the expenses incurred on home market starting prices before any adjustments. same LOT and no CEP offset is sales. Since no respondent had U.S. For CEP sales, we considered only the warranted. direct selling expenses other than those selling activities reflected in the price Cost of Production Analysis deducted from the starting price in after the deduction of expenses and calculating CEP pursuant to section profit under section 772(d) of the Act. Based on timely allegations filed by 772(d) of the Act, we made no additions We expect that, if claimed levels of the petitioners, the Department initiated to normal value in making COS trade are the same, the functions and a cost of production (COP) investigation adjustments. We also made adjustments, activities of the seller should be similar. of Union/KISCO to determine whether where applicable, for indirect selling Conversely, if a party claims that levels sales were made at prices below the expenses incurred on home market sales of trade are different for different groups COP. See Memoranda from Craig to offset commissions in EP of sales, the functions and activities of Matney to Office Director Susan calculations; specifically, we deducted the seller should be dissimilar. Kuhbach, dated June 24 and June 25, from normal value the lesser of (1) the 1997. amount of commission paid on a U.S. When CEP sales have been made in Because we disregarded sales below sale for a particular product, or (2) the the United States, in SeAH’s case, the COP in the less-than-fair-value amount of indirect selling expenses section 773(a)(7)(B) of the Act (LTFV) investigation for Hyundai, incurred on the home market sales for establishes that a CEP ‘‘offset’’ may be SeAH, and Shinho (see Circular Welded a particular product, including made provided that two conditions Non-Alloy Steel Pipe from Korea: Notice inventory carrying costs in accordance exist: (1) NV is established at a LOT that of Final Court Decision and Amended with 19 CFR 353.56. is at a more advanced stage of Final Determination, 60 FR 55833, distribution than the LOT of the CEP; November 3, 1995 (Pipe LTFV)), we had Level of Trade/CEP Offset and (2) the data available do not permit reasonable grounds to believe or suspect As set forth in section 773(a)(1)(B)(i) a determination that there is a pattern of that sales of the foreign product under of the Act and in the Statement of consistent price differences between consideration for the determination of Administrative Action (SAA) sales at different levels of trade in the NV in this review may have been made accompanying the URAA at 829–831, to comparison market. at prices below the COP, as provided by Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64563 section 773(b)(2)(A)(ii) of the Act. profit and U.S. packing costs. We Margin Therefore, pursuant to section 773(b)(1) calculated each respondent’s CV based Manufacturer/exporter (percent) of the Act, we initiated a COP on the methodology described in the investigation of these companies’ home ‘‘Calculation of COP’’ section of this SeAH ...... 7.71 market. notice, above. In accordance with We conducted the COP analysis section 773(e)(2)(A), we used the actual Parties to the proceeding may request described below. amounts incurred and realized by disclosure within five days of the date of publication of this notice. Interested A. Calculation of COP respondents in connection with the production and sale of the foreign like parties may also request a hearing In accordance with section 773(b)(3) product, in the ordinary course of trade, within ten days of publication. If of the Act, we calculated the weighted- for consumption in the foreign country requested, a hearing will be held March average COP, by model, based on the to calculate general expenses and home 2, 1998. Interested parties may submit sum of the cost of materials, fabrication market profit. case briefs pertaining to non-verification and general expenses, and packing For price-to-CV comparisons, we issues by January 12, 1998. Rebuttal costs. made adjustments to CV in accordance briefs, which must be limited to issues raised in the case briefs, may be filed B. Results of the COP Test with section 773(a)(8) of the Act and 19 CFR 353.56 for COS differences. For not later than January 20, 1998. Briefs Pursuant to section 773(b)(2)(C), comparisons to EP, we made COS pertaining to verification issues must be where less than 20 percent of a adjustments by deducting direct selling submitted by February 26, 1998, with respondent’s sales of a given product expenses incurred on home market sales rebuttal briefs not later than March 5, were made at prices below the COP, we and adding U.S. direct selling expenses. 1998. The Department will issue a did not disregard any below-cost sales For comparisons to CEP, we made COS notice of the final results of this of that product because we determined adjustments by deducting direct selling administrative review, which will that the below-cost sales were not made expenses incurred on home market include the results of its analysis of in ‘‘substantial quantities.’’ Where 20 sales. We also made adjustments, where issues raised in any such briefs, within percent or more of a respondent’s sales applicable, for indirect selling expenses 120 days from the publication of these of a given product were made at prices incurred on home market sales to offset preliminary results. below the COP, we disregarded the U.S. commissions in EP comparisons; The Department shall determine, and below-cost sales because such sales specifically, we deducted from normal the Customs Service shall assess, were found to be made within an value the lesser of: (1) The amount of antidumping duties on all appropriate extended period of time in ‘‘substantial commission paid on a U.S. sale for a entries. In accordance with the quantities’’ in accordance with sections particular product, or (2) the amount of methodology in Final Results of 773(b)(2)(B) and (C) of the Act. indirect selling expenses incurred on Antidumping Duty Administrative Moreover, based on comparisons of the home market sales for a particular Review and Partial Termination of price to weighted-average COPs for the product. Administrative Review: Circular Welded POR, we determined that the below-cost Non-Alloy Steel Pipe from the Republic sales of the product were at prices Currency Conversion of Korea (62 FR 55574, October 27, which would not permit recovery of all We made currency conversions in 1997), we calculated exporter/importer- costs within a reasonable period of time, accordance with section 773A of the specific assessment values by dividing in accordance with section 773(b)(2)(D) Act. Currency conversions were made at the total dumping duties due for each of the Act. Where all contemporaneous the rates certified by the Federal Reserve importer by the number of tons used to sales of a specific product were made at Bank. Section 773A(a) directs the determine the duties due. We will direct prices below the COP, we calculated NV Department to use a daily exchange rate Customs to assess the resulting per-ton based on CV, in accordance with section to convert foreign currencies into U.S. dollar amount against each ton of the 773(a)(4) of the Act. dollars unless the daily rate involves a merchandise entered by these importers’ We found that all respondents made ‘‘fluctuation.’’ It is our practice to find during the review period. home market sales at below COP prices that a fluctuation exists when the daily Furthermore, the following deposit within an extended period of time in exchange rate differs from a benchmark requirements will be effective upon substantial quantities. Further, we rate by 2.25 percent. See Preliminary completion of the final results of this found that these sales prices did not Results of Antidumping Duty administrative review for all shipments permit for the recovery of costs within Administrative Review: Certain Welded of steel wire rope from Korea entered, or a reasonable period of time. We Carbon Steel Pipe and Tube from withdrawn from warehouse, for therefore excluded these sales from our Turkey, 61 FR 35188, 35192 (July 5, consumption on or after the publication analysis in accordance with section 1996). The benchmark rate is defined as date of the final results of this 773(b)(1) of the Act. the rolling average of the rates for the administrative review, as provided by past 40 business days. section 751(a)(1) of the Act: (1) The cash Constructed Value deposit rate for the reviewed companies Preliminary Results of the Review Where NV could not be based on will be the rates established in the final home market sales either because (1) As a result of this review, we results of this administrative review there were no contemporaneous sales of preliminarily determine that the (except no cash deposit will be required a comparable product or (2) all following margin exists for the period for those companies whose weighted- contemporaneous sales of the November 1, 1995, through October 31, average margin is de minimis, i.e., less comparison product failed the COP test, 1996: than 0.5 percent); (2) for merchandise we compared U.S. prices to CV. In exported by manufacturers or exporters accordance with section 773(e)(1) of the Margin not covered in this review but covered Manufacturer/exporter (percent) Act, we calculated CV based on the sum in the original LTFV investigation or a of the cost of materials of the product Hyundai ...... 4.10 previous review, the cash deposit will sold in the United States, plus amounts Union/KISCO ...... 2.36 continue to be the most recent rate for general expenses, home market Shinho ...... 3.34 published in the final determination or 64564 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices final results for which the manufacturer With respect to Tuberia Nacional, Pursuant to 19 CFR 353.22(a)(5) of the or exporter received an individual rate; S.A. de C.V. (‘‘TUNA’’), this review has Department’s regulations, the (3) if the exporter is not a firm covered now been terminated as a result of the Department may allow a party that in this review, the previous review, or withdrawal request for administrative requests an administrative review to the original investigation, but the review by TUNA, the interested party withdraw such request not later than 90 manufacturer is, the cash deposit rate that requested review of TUNA. We days after the date of publication of the will be the rate established for the most preliminarily determine the dumping notice of initiation of the administrative recent period for the manufacturer of margin for Hylsa S.A. de C.V. (‘‘Hylsa’’) review. TUNA’s request for withdrawal the merchandise; and (4) if neither the to be 7.90 percent during the POR. was timely and there were no requests exporter nor the manufacturer is a firm Interested parties are invited to for review from other interested parties. covered in this or any previous reviews, comment on these preliminary results. Therefore, the Department is the cash deposit rate will be 4.80 Parties who submit arguments in this terminating this review with respect to percent, the ‘‘all others’’ rate established proceeding should also submit with TUNA. This notice is in accordance in the less-than-fair-value investigation. their arguments (1) A statement of the with section 353.22(a)(5) of the See Pipe LTFV. issues, and (2) a brief summary of the Department’s regulations (19 CFR This notice serves as a preliminary arguments. 353.22(a)(5)). reminder to importers of their EFFECTIVE DATE: December 8, 1997. Under section 751(a)(3)(A) of the Act, the Department may extend the responsibility to file a certificate FOR FURTHER INFORMATION CONTACT: deadline for issuing a preliminary regarding the reimbursement of Ilissa Kabak or Linda Ludwig, determination in an administrative antidumping duties prior to liquidation Enforcement Group III—Office 8, Import review if it determines that it is not of the relevant entries during this Administration, International Trade practicable to complete the preliminary review period. Failure to comply with Administration, U.S. Department of review within the statutory time limit of this requirement could result in the Commerce, 14th Street and Constitution 245 days. On June 16, 1997, the Secretary’s presumption that Avenue, N.W., Room 7866, Washington, Department published a notice of reimbursement of antidumping duties D.C. 20230; telephone (202) 482–0182 extension of the time limit for the occurred and the subsequent assessment (Kabak), or (202) 482–3833 (Ludwig). of double antidumping duties. preliminary results in this case to This administrative review and notice SUPPLEMENTARY INFORMATION: December 2, 1997. See Extension of are in accordance with sections The Applicable Statute Time Limit for Antidumping Duty Administrative Reviews, 62 FR 36488 751(a)(1) and 751(d) of the Act (19 Unless otherwise indicated, all U.S.C. 1675(a)(1)), 19 CFR 353.22. (July 8, 1997). citations to the Tariff Act of 1930, as The Department is conducting this Dated: December 1, 1997. amended (the Act) are references to the review in accordance with section Robert S. LaRussa, provisions effective January 1, 1995, the 751(a) of the Act. Assistant Secretary for Import effective date of the amendments made Administration. to the Act by the Uruguay Round Scope of the Review [FR Doc. 97–32063 Filed 12–5–97; 8:45 am] Agreements Act (URAA). In addition, The products covered by these orders BILLING CODE 3510±DS±P unless otherwise indicated, all are circular welded non-alloy steel references to the Department’s pipes and tubes, of circular cross- regulations are to 19 C.F.R. Part 353 section, not more than 406.4 millimeters DEPARTMENT OF COMMERCE (April 1, 1997). Where appropriate, we (16 inches) in outside diameter, have cited the Department’s new regardless of wall thickness, surface International Trade Administration regulations, codified at 19 C.F.R. Part finish (black, galvanized, or painted), or 351 (62 Fed. Reg. 27296, May 19, 1997). end finish (plain end, beveled end, [A±201±805] While not binding on this review, the threaded, or threaded and coupled). Circular Welded Non-Alloy Steel Pipe new regulations serve as a restatement These pipes and tubes are generally and Tube From Mexico: Preliminary of the Department’s policies. known as standard pipes and tubes and are intended for the low pressure Results of Antidumping Duty Background Administrative Review and Partial conveyance of water, steam, natural gas, Termination of Review The Department published an and other liquids and gases in plumbing antidumping duty order on circular and heating systems, air conditioning AGENCY: Import Administration, welded non-alloy steel pipe and tube units, automatic sprinkler systems, and International Trade Administration, from Mexico on November 2, 1992 (57 other related uses, and generally meet Department of Commerce. FR 49453). The Department published a ASTM A–53 specifications. Standard ACTION: Notice of preliminary results of notice of ‘‘Opportunity to Request an pipe may also be used for light load- antidumping duty administrative review Administrative Review’’ of the bearing applications, such as for fence and partial termination of review. antidumping duty order for the 1995/96 tubing, and as structural pipe tubing review period on November 4, 1996 (61 used for framing and support members SUMMARY: In response to requests from FR 56663). On November 27, 1996, for reconstruction or load-bearing two respondents, the Department of respondents Hylsa and TUNA requested purposes in the construction, Commerce (‘‘the Department’’) is that the Department conduct an shipbuilding, trucking, farm equipment, conducting an administrative review of administrative review of the and related industries. Unfinished the antidumping duty order on circular antidumping duty order on circular conduit pipe is also included in these welded non-alloy steel pipe and tube welded non-alloy steel pipe and tube orders. from Mexico. This review covers two from Mexico. We initiated this review All carbon steel pipes and tubes manufacturers and exporters of the on December 16, 1996. See 61 FR 66017 within the physical description outlined subject merchandise. The period of (December 16, 1996). On February 4, above are included within the scope of review (‘‘POR’’) is November 1, 1995, 1997, TUNA requested a withdrawal these orders, except line pipe, oil through October 31, 1996. from the proceeding. country tubular goods, boiler tubing, Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64565 mechanical tubing, pipe and tube due to high inflation in instances where Section 776 (a) (2) of the Act provides hollows for redraws, finished high inflation existed during the period that ‘‘if an interested party or any other scaffolding, and finished conduit. of review. See, e.g., Notice of Final person—(A) withholds information that Standard pipe that is dual or triple Results of Antidumping Duty has been requested by the administering certified/stenciled that enters the U.S. as Administrative Review, Certain Welded authority; (B) fails to provide such line pipe of a kind used for oil or gas Carbon Steel Pipe and Tube from information by the deadlines for the pipelines is also not included in these Turkey 62 Fed. Feg. 61629 (October 2, submission of the information or in the orders. 1997). In this case, consistent with our form and manner requested, subject to Imports of the products covered by prior practice, we determined that high subsections (c) (1) and (e) of section 782; these orders are currently classifiable inflation existed during the period of (C) significantly impedes a proceeding under the following Harmonized Tariff review. See Letter to Shearman & under this title; or (D) provides such Schedule (HTS) subheadings: Sterling from the Department (May 7, information but the information cannot 7306.30.10.00, 7306.30.50.25, 1997). In order to take into account the be verified as provided in section 782 7306.30.50.32, 7306.30.50.40, rate of inflation in Mexico during the (i), the administering authority * * * 7306.30.50.55, 7306.30.50.85, and POR, we compared each U.S. sale to shall, subject to section 782 (d), use the 7306.30.50.90. sales of the foreign like product in the facts otherwise available in reaching the Although the HTS subheadings are same month. Where there were no sales applicable determination under this provided for convenience and customs of identical merchandise in the home title.’’ purposes, our written description of the market to compare to U.S. sales within In addition, section 776 (b) of the Act scope of these proceedings is the same month, we compared U.S. provides that, if the Department finds dispositive. sales to the next most similar foreign that an interested party ‘‘has failed to The POR is November 1, 1995 through like product which was sold in the same cooperate by not acting to the best of its October 31, 1996. This review covers month. See Circular Welded Non-Alloy ability to comply with a request for sales of circular welded non-alloy steel Steel Pipe and Tube from Mexico: information,’’ the Department may use pipe and tube by Hylsa. Preliminary Results of Antidumping information that is adverse to the interests of the party as the facts Verification Duty Administrative Review 61 FR 68708 (December 30, 1996). See also otherwise available. The statute also As provided in section 782(i) of the Circular Welded Non-Alloy Steel Pipe provides that such an adverse inference Act, we verified information provided and Tube from Mexico: Final Results of may be based on secondary information, by the respondent by using standard Antidumping Duty Administrative including information drawn from the verification procedures, including on- Review 62 FR 32014 (July 10, 1997) (in petition. site inspection of the manufacturing In this case, the Department has which the Department continued to facilities of Hylsa, the examination of applied partial facts available for compare foreign like products and relevant sales and financial records, and various expenses and adjustments. subject merchandise in this manner). selection of original documentation Based on our verification of Hylsa’s containing relevant information. Our Fair-Value Comparisons sales responses, we rejected as verification results are outlined in the unverifiable additional foreign inland verification reports, the public versions To determine whether sales of freight, additional foreign brokerage fees of which are available at the Department circular welded non-alloy steel pipe by and additional U.S. brokerage fees. of Commerce, in the Central Records Hylsa to the United States were made at Although information was provided to Unit (CRU), Room B099. less than fair value, we compared the EP the Department, and the Department to the NV, as described in the ‘‘Export attempted to verify this information at Product Comparisons Price’’ and ‘‘Normal Value’’ sections of the verification of Hylsa (see Sales In accordance with section 771(16) of this notice. In accordance with section Verification Report), the information the Act, we considered each circular 777A (d)(2) of the Act, we calculated could not be verified as provided in welded non-alloy steel pipe and tube monthly weighted-average prices for NV section 782(i) of the Act. By not product produced by the respondents, and compared these to individual U.S. providing verifiable information for covered by the descriptions in the transactions. foreign inland freight, foreign brokerage ‘‘Scope of the Review’’ section of this Date of Sale and U.S. brokerage expenses when such notice, supra, and sold in the home information was available to Hylsa, we market during the POR, to be a foreign Hylsa reported the date of the invoice have determined that Hylsa failed to like product for purposes of determining as the date of sale for all home market cooperate by not acting to the best of its appropriate product comparisons to and U.S. sales. For the home market co- ability to comply with a request for U.S. sales of circular welded non-alloy export rebate sales with two reported information. Consequently, the use of steel pipe and tube. Where there were invoice dates (original invoice issue adverse partial facts available under no sales of identical merchandise in the date and revised invoice issue date), section 776(b) of the Act is warranted. home market to compare to U.S. sales, Hylsa reported the revised invoice date We deducted the reported foreign we compared U.S. sales to the next most as the date of sale. inland freight, which was paid by the similar foreign like product on the basis Export Price customer and included in the reported of the characteristics listed in Appendix gross unit price. Rather than use VI of the Department’s December 23, We used EP as defined in section reported additional foreign inland 1996, antidumping questionnaire. In 772(a) of the Act. We calculated EP freight, as facts available we further making the product comparisons, we based on prices to unaffiliated deducted the highest calculated matched each foreign like product based customers in the United States. Where differential between reported and actual on the physical characteristics reported appropriate, we made deductions from foreign inland freight charges incurred by the respondent and verified by the the starting price for foreign inland for five sales reviewed at verification, Department. freight, foreign brokerage and handling, (see Analysis Memo). We deducted the The Department’s practice is to use a U.S. brokerage and handling and U.S. reported foreign and U.S. brokerage methodology which avoids distortions customs duties. charges, which were paid by the 64566 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices customer and included in the reported from our analysis. To test whether these Level of Trade gross unit price. Rather than use sales were made at arm’s-length, we In accordance with section reported additional foreign and U.S. compared the starting prices of sales of 773(a)(1)(B) of the Act, to the extent brokerage charges, as facts available we comparison products to affiliated and practicable, we determine NV based on further deducted the highest calculated unaffiliated customers, net of all sales in the comparison market at the differential between reported and actual movement charges, direct selling same level of trade (‘‘LOT’’) as the EP or foreign and U.S. brokerage charges expenses, discounts, and packing. CEP transaction. The NV LOT is that of incurred for five sales reviewed at Pursuant to 19 CFR 353.45(a) and in the starting-price sales in the verification (see Analysis Memo). accordance with our practice, where the comparison market or, when NV is Hylsa acts as importer of record on its prices to the affiliated party were on based on constructed value (‘‘CV’’), that U.S. sales and thereby pays all average less than 99.5 percent of the of the sales from which we derive antidumping duty deposits. During the prices to unaffiliated parties, we selling, general and administrative course of this proceeding, petitioners determined that the sales made to the (‘‘SG&A’’) expenses and profit. For EP, requested that the Department examine affiliated party were not at arm’s-length. the U.S. LOT is also the level of the the issue of reimbursement where the See Notice of Final Results and Partial starting-price sale, which is usually producer/exporter is the importer of Recission of Antidumping Duty from exporter to importer. For CEP, it is record. Section 353.26 of the Administrative Review: Roller Chain, the level of the constructed sale from Department’s regulations states that Other Than Bicycle, From Japan 62 FR the exporter to the importer. ‘‘[i]n calculating the United States price, 60472 (November 10, 1997). We To determine whether NV sales are at the Secretary will deduct the amount of included those sales that passed the a different LOT than EP or CEP, we any antidumping duty which the arm’s length test in our analysis (see 19 examine stages in the marketing process producer or reseller: (i) [p]aid directly CFR 353.45(a)). on behalf of the importer; or (ii) Where appropriate, in accordance and selling functions along the chain of [r]eimbursed to the importer.’’ 19 CFR with 773(a)(6)(A) of the Act, we distribution between the producer and 353.26(a)(1). It has been our practice deducted credit expenses, warranties, the unaffiliated customer. If the that separate corporate entities must advertising, insurance, packing, and comparison-market sales are at a exist as producer/reseller and importer certain discounts, and we added interest different LOT, and the difference affects in order to invoke the regulation. In the revenue. The Department discovered price comparability, as manifested in a present case, the U.S. importer of certain discrepancies and pattern of consistent price differences record, Hylsa, is also the same corporate inconsistencies with Hylsa’s freight data between the sales on which NV is based entity that produces and exports the which rendered the data unverifiable or and comparison-market sales at the LOT subject merchandise. In such a case, unreliable within the meaning of section of the export transaction, we make an there is no separate company or separate 782(e) of the Act. At verification, the LOT adjustment under section U.S. subsidiary, wholly owned or Department examined additional inland 773(a)(7)(A) of the Act. Finally, for CEP otherwise, that acts as the importer of freight reported by Hylsa. Despite the sales, if the NV level is more remote record. Rather, the importer and Department’s efforts, the data provided from the factory than the CEP level and exporter are one and the same corporate by Hylsa could not be verified. In there is no basis for determining entity. In this case, there can be no accordance with section 782(e) of the whether the difference in the levels payment made to, or on behalf of, the Act, we rejected as unverifiable between NV and CEP affects price importer within the meaning of the additional inland freight (see Sales comparability, we adjust NV under regulation. In accordance with our Verification Report). Therefore, we section 773(a)(7)(B) of the Act (the CEP practice, the Department interprets its denied adjustment for reported offset provision). See Notice of Final reimbursement regulation as additional inland freight. Furthermore, Determination of Sales at Less Than inapplicable in this case. However, we due to discrepancies found as a result of Fair Value: Certain Cut-to-Length will consider this issue further for the verification and in accordance with Carbon Steel Plate from South Africa, final results, and we invite comments section 782(e) of the Act, we disallowed 62 FR 61731 (November 19, 1997). on this issue. deduction of inland freight expenses In its questionnaire responses, Hylsa reported for co-export rebate sales made stated that there were no differences in Normal Value during 1996. The Department also found its selling activities by customer Based on a comparison of the inconsistencies concerning the categories within each market. In order aggregate quantity of home-market and allocation of both early payment to confirm independently the absence of U.S. sales, we determined that the discounts and interest revenue for late separate levels of trade within or quantity of the foreign like product sold payments (see Sales Verification between the U.S. and home markets, we in the exporting country was sufficient Report). Therefore, consistent with examined Hylsa’s questionnaire to permit a proper comparison with the section 782 (e) of the Act, we denied responses for indications that Hylsa’s sales of the subject merchandise to the deductions from the reported price for functions as a seller differed United States, pursuant to section 773(a) early payment discounts allocated to qualitatively or quantitatively among of the Act. Therefore, in accordance sales to which interest revenue was also customer categories. Where possible, we with section 773(a)(1)(B)(i) of the Act, allocated. further examined whether each selling we based NV on the price at which the We increased NV by U.S. packing function was performed on a substantial foreign like product was first sold for costs in accordance with section portion of sales. consumption in the home market, in the 773(a)(6)(A) of the Act and decreased Hylsa sold to end-users in the U.S. usual commercial quantities and in the NV by home market packing costs in market. In the home market, Hylsa sold ordinary course of trade, including sales accordance with section 773(a)(6)(B) of to local distributors and end-users. that benefitted from co-export rebates the Act. We made adjustments to NV for Hylsa performed essentially the same and short-length discounts. differences in cost attributable to selling functions for sales to all its Sales to affiliated customers in the differences in physical characteristics of home-market customers, as well as to home market which were determined the merchandise, pursuant to section U.S. customers. Thus, our analysis of not to be at arm’s-length were excluded 773(a)(6)(C)(ii) of the Act. the questionnaire response leads us to Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64567 conclude that sales within or between specific basis, we compared the COP to when the daily exchange rate differs each market are not made at different the home-market prices (not including from a benchmark by 2.25 percent. See levels of trade. Accordingly, we VAT), less any applicable movement Cut-to-Length Steel Plate from Belgium: preliminarily find that all sales in the charges, discounts, and rebates. Preliminary Results of Antidumping home market and the U.S. market were Duty Administrative Review, 62 FR C. Results of COP Test made at the same level of trade. 48213 (citing Certain Stainless Steel Therefore, we have not made a level of In accordance with section Wire Rods from France: Preliminary trade adjustment because all price 773(b)(2)(C), where less than 20 percent Results of Antidumping Duty comparisons are at the same level of of Hylsa’s sales of a given product were Administrative Review, 61 FR 8915 trade and an adjustment pursuant to at prices less than the COP, we do not (March 6, 1996)). The benchmark is section 773(a)(7)(A) is not appropriate. disregard any below-cost sales of that defined as the rolling average of rates for product because we determine that the the past 40 business days. When we Cost-of-Production Analysis below-cost sales were not made in determine a fluctuation exists, we Petitioners alleged, on April 4, 1997, ‘‘substantial quantities.’’ Where 20 substitute the benchmark for the daily that Hylsa sold circular welded non- percent or more of a Hylsa’s sales during rate. alloy steel pipes and tubes in the home the POR were at prices less than the market at prices below COP. Based on COP, we determine such sales to have Preliminary Results of the Review these allegations, in accordance with been made in ‘‘substantial quantities’’ As a result of this review, we 773(b) of the Act, the Department within an extended period of time in preliminarily determine that the determined, on May 6, 1997, that it had accordance with section 773(b)(2)(B) of following weighted-average dumping reasonable grounds to believe or suspect the Act, and not at prices which would margin exists: that Hylsa had sold the subject permit recovery of all costs within a merchandise in the home market at reasonable period of time, in accordance Circular welded non-alloy steel pipes prices below the COP. See Letter to with section 773(b)(2)(D) of the Act. and tubes Shearman and Sterling (May 7, 1997) Therefore, we disregarded such below- Producer/Manufacturer/Exporter ...... Hylsa and Decision Memorandum (May 6, cost sales of Hylsa. Where all Weighted-Average Margin ...... 7.90% 1997). We therefore initiated a cost contemporaneous sales of a comparison Parties to this proceeding may request investigation with regard to Hylsa in product were disregarded, we calculated disclosure within five days of order to determine whether the NV based on CV. publication of this notice. Any respondent made home-market sales interested party may request a hearing D. Calculation of CV during the POR at prices below their within 10 days of publication. Any COP within the meaning of section In accordance with section 773(e) of hearing, if requested, will be held 44 773(b) of the Act. Before making any the Act, we calculated CV based on the days after the date of publication, or the fair-value comparisons, we conducted sum of Hylsa’s cost of materials, first working day thereafter. Interested the COP analysis described below. fabrication, SG&A, U.S. packing costs, parties may submit case briefs and/or interest expenses as reported in the U.S. written comments no later than 30 days A. Calculation of COP sales database and profit. As noted after the date of publication. Rebuttal We calculated the COP based on the above, we recalculated Hylsa’s COM briefs and rebuttals to written sum of Hylsa’s cost of materials and and general and administrative comments, limited to issues raised in fabrication for the foreign like product, expenses based on our verification such briefs or comments, may be filed plus amounts for home-market selling, results. In accordance with section no later than 37 days after the date of general, and administrative expenses 773(e)(2)(A) of the Act, we based SG&A publication of this notice. The (‘‘SG&A’’), and packing costs in and profit on the amounts incurred and Department will publish a notice of the accordance with section 773(b)(3) of the realized by the respondent in final results of the administrative Act. Based on our verification of the connection with the production and sale review, including its analysis of issues cost response submitted by Hylsa, we of the foreign like product in the raised in any written comments or at a adjusted the reported COP to reflect ordinary course of trade, for hearing, not later than 120 days after the certain adjustments to the cost of consumption in the foreign country. For date of publication of this notice. manufacturing and general and selling expenses, we used the weighted- The following deposit requirements administrative expenses (see Analysis average home market selling expenses. will be effective upon publication of the Memo). Where we compared CV to EP, we final results of this antidumping duty added the lesser of home market B. Test of Home-Market Prices review for all shipments of circular commissions or U.S. indirect selling welded non-alloy steel pipe from We used the respondent’s weighted- expenses to CV. Mexico, entered, or withdrawn from average COP, as adjusted (see above), for Currency Conversion warehouse, for consumption on or after the period August 1, 1995, through the publication date, as provided by November 30, 1996. We compared the For purposes of the preliminary section 751(a) of the Tariff Act: (1) The weighted-average COP figures to home- results, we made currency conversions cash deposit rate for the reviewed market sales of the foreign like product based on the official exchange rates in company will be that established in the as required under section 773(b) of the effect on the dates of the U.S. sales as final results of review; (2) for exporters Act. In determining whether to certified by the Federal Reserve Bank of not covered in this review, but covered disregard home-market sales made at New York. Section 773A(a) of the Act in the LTFV investigation or previous prices below the COP, we examined directs the Department to use a daily review, the cash deposit rate will whether (1) within an extended period exchange rate in order to convert foreign continue to be the company-specific rate of time, such sales were made in currencies into U.S. dollars, unless the from the LTFV investigation or the most substantial quantities, and (2) such sales daily rate involves a ‘‘fluctuation.’’ In recent previous review; (3) if the were made at prices which permitted accordance with the Department’s exporter is not a firm covered in this the recovery of all costs within a practice, we have determined as a review, a previous review, or the reasonable period of time. On a product- general matter that a fluctuation exists 64568 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices original LTFV investigation, but the Kingdom. The period covered by this other alloy steel, whether or not manufacturer is, the cash deposit rate administrative review is January 1, 1996 descaled, containing by weight 0.03 will be the rate established for the most through December 31, 1996. For percent or more of lead or 0.05 percent recent period for the manufacturer of information on the net subsidy for each or more of bismuth, in coils or cut the merchandise; (4) the cash deposit reviewed company, as well for all non- lengths, and in numerous shapes and rate for all other manufacturers or reviewed companies, please see the sizes. Excluded from the scope of this exporters will continue to be 36.62 ‘‘Preliminary Results of Review’’ section review are other alloy steels (as defined percent, the ‘‘All Others’’ rate in the of this notice. If the final results remain by the Harmonized Tariff Schedule of LTFV investigation. These the same as these preliminary results of the United States (HTSUS) Chapter 72, requirements, when imposed, shall administrative review, we will instruct note 1(f)), except steels classified as remain in effect until publication of the the U.S. Customs Service to assess other alloy steels by reason of final results of the next administrative countervailing duties as indicated in the containing by weight 0.4 percent or review. ‘‘Preliminary Results of Review’’ section more of lead or 0.1 percent or more of We will calculate importer-specific of this notice. Interested parties are bismuth, tellarium, or selenium. Also duty assessment rates as a per ton unit invited to comment on these excluded are semi-finished steels and value for EP sales. To calculate the per preliminary results. flat-rolled products. Most of the ton unit value for assessment, we EFFECTIVE DATE: December 8, 1997. products covered in this review are summed the margins on U.S. sales with FOR FURTHER INFORMATION CONTACT: provided for under subheadings positive margins, and then divided this Christopher Cassel, Suzanne King, or 7213.20.00.00 and 7214.30.00.00 of the sum by the total entered tonnage of all Dana Mermelstein, Office of CVD/AD HTSUS. Small quantities of these U.S. sales. products may also enter the United This notice serves as a preliminary Enforcement VI, Import Administration, International Trade Administration, States under the following HTSUS reminder to importers of their subheadings: 7213.31.30.00, 60.00; responsibility under 19 CFR 353.26 to U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., 7213.39.00.30, 00.60, 00.90; file a certificate regarding the 7214.40.00.10, 00.30, 00.50; reimbursement of antidumping duties Washington, D.C. 20230; telephone: (202) 482–2786. 7214.50.00.10, 00.30, 00.50; prior to liquidation of the relevant 7214.60.00.10, 00.30, 00.50; and entries during this review period. SUPPLEMENTARY INFORMATION: 7228.30.80. Although the HTSUS Failure to comply with this requirement Background subheadings are provided for could result in the Secretary’s convenience and for Customs purposes, presumption that reimbursement of On March 22, 1993, the Department of our written description of the scope of antidumping duties occurred and the Commerce (the Department) published this proceeding is dispositive. subsequent assessment of double in the Federal Register (58 FR 15327) antidumping duties. the countervailing duty order on certain Change in Ownership This administrative review and notice hot-rolled lead and bismuth carbon steel (I) Background are published in accordance with products from the United Kingdom. On section 751(a)(1) of the Act and 19 CFR March 7, 1997, the Department On March 21, 1995, British Steel plc 353.22. published a notice of ‘‘Opportunity to (BS plc) acquired all of Guest, Keen & Dated: December 2, 1997. Request an Administrative Review’’ (62 Nettlefolds’ (GKN) shares in United Engineering Steels (UES), the company Robert S. LaRussa, FR 10521) of this countervailing duty order. We received a timely request for which produced and exported the Assistant Secretary for Import subject merchandise to the United Administration. review from Inland Steel Bar Co., an interested party to this proceeding. We States during the original investigation. [FR Doc. 97–32064 Filed 12–5–97; 8:45 am] initiated the review, covering the period Thus, UES became a wholly-owned BILLING CODE 3510±DS±P January 1, 1996, through December 31, subsidiary of BS plc and was renamed 1996, on April 24, 1997 (62 FR 19988). British Steel Engineering Steels (BSES). Prior to this change in ownership, DEPARTMENT OF COMMERCE In accordance with 19 CFR 355.22(a), this review covers only those producers UES was a joint venture company International Trade Administration or exporters for which a review was formed in 1986 by British Steel specifically requested. Accordingly, this Corporation (BSC), a government-owned [C±412±811] review covers British Steel Engineering company, and GKN. In return for shares Steels Holdings, British Steel in UES, BSC contributed a major portion Certain Hot-Rolled Lead and Bismuth of its Special Steels Business, the Carbon Steel Products From the Engineering Steels Limited, and British Steel plc. productive unit which produced the United Kingdom; Preliminary Results subject merchandise. GKN contributed of Countervailing Duty Administrative Applicable Statute its Brymbo Steel Works and its forging Review Unless otherwise indicated, all business to the joint venture. BSC was AGENCY: Import Administration, citations to the statute are references to privatized in 1988 and now bears the International Trade Administration, the provisions of the Tariff Act of 1930, name BS plc. Department of Commerce. as amended by the Uruguay Round In the investigation of this case, the ACTION: Notice of preliminary results of Agreements Act (URAA) effective Department found that BSC had countervailing duty administrative January 1, 1995 (the Act). The received a number of nonrecurring review. Department is conducting this subsidies prior to the 1986 transfer of its administrative review in accordance Special Steels Business to UES. See SUMMARY: The Department of Commerce with section 751(a) of the Act. Final Affirmative Countervailing Duty is conducting an administrative review Determination: Certain Hot-Rolled Lead of the countervailing duty order on Scope of the Review and Bismuth Carbon Steel Products certain hot-rolled lead and bismuth Imports covered by this review are From the United Kingdom, 58 FR 6237, carbon steel products from the United hot-rolled bars and rods of non-alloy or 6243 (January 27, 1993) (Lead Bar). Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64569

Further, the Department determined also determined that a portion of the company’s allocable untied subsidies is that the sale to UES did not alter these purchase price paid for UES is attributed to total sales, including the previously bestowed subsidies, and thus attributable to its prior subsidies. sales of the newly acquired company. the portion of BSC’s pre-1986 subsidies Therefore, we reduced the amount of See, e.g., GIA, 58 FR at 3762 (‘‘the attributable to its Special Steels the subsidies that ‘‘traveled’’ with UES Department often treats the parent entity Business transferred to UES. Lead Bar at to BS plc, taking into account the and its subsidiaries as one when 6240. allocation of subsidies to GKN, the determining who ultimately benefits In the 1993 certain steel products former joint-owner of UES. See Certain from a subsidy’’); Final Affirmative investigations, the Department modified Hot-Rolled Lead and Bismuth Carbon Countervailing Duty Determinations: the allocation methodology developed Steel Products From the United Certain Steel Products from Germany, for Lead Bar. Specifically, the Kingdom; Final Results of 58 FR 37315 (July 9, 1993). Accordingly, Department stated that it would no Countervailing Duty Administrative in the Lead Bar 95 Final Results, we longer assume that all subsidies Review, 62 FR 53306 (October 14, 1997) determined that it is appropriate to allocated to a productive unit follow it (Lead Bar 95 Final Results) and Certain collapse BSES with BS plc for purposes when it is sold. Rather, when a Hot-Rolled Lead and Bismuth Carbon of calculating the countervailing duty productive unit is spun-off or acquired, Steel Products From the United for the subject merchandise. BSES, as a a portion of the sales price of the Kingdom; Preliminary Results of wholly-owned subsidiary of BS plc, productive unit represents the Countervailing Duty Administrative continues to benefit from the remaining reallocation of prior subsidies. See the Review, 62 FR 16555 (April 7, 1997) benefit stream of BS plc’s untied General Issues Appendix (GIA), (Lead Bar 95 Preliminary Results). To subsidies. appended to the Final Countervailing calculate the amount of UES’s subsidies In collapsing UES with BS plc, we Duty Determination; Certain Steel that passed through to BS plc as a result also determined that UES’s untied Products From Austria, 58 FR 37217, of the acquisition, we applied the subsidies ‘‘rejoined’’ BS plc’s pool of 37269 (July 9, 1993) (Certain Steel). In methodology described in the subsidies with the company’s 1995 a subsequent Remand Determination, ‘‘Restructuring’’ section of the GIA. See acquisition. All of these subsidies were the Department aligned Lead Bar with GIA, 58 FR at 37268–37269. This untied subsidies originally bestowed the methodology set forth in the determination is in accordance with our upon BSC (BS plc). After the formation ‘‘Privatization’’ and ‘‘Restructuring’’ changes in ownership finding in Final of UES in 1986, the subsidies that sections of the GIA. Certain Hot-Rolled Affirmative Countervailing Duty ‘‘traveled’’ with the Special Steels Lead and Bismuth Carbon Steel Determination; Pasta From Italy, 61 FR Business were also untied, and were Products from the United Kingdom: 30288, 30289–30290 (June 14, 1996), found to benefit UES as a whole. See Remand Determination (October 12, and our finding in the 1994 Lead Bar 95 Final Results; Lead Bar 95 1993) (Remand). administrative review of this case, in Preliminary Results. (II) Analysis of BS plc’s Acquisition of which we determined that ‘‘[t]he URAA (III) Calculation of Benefit UES is not inconsistent with and does not To calculate the countervailing duty On March 21, 1995, BS plc acquired overturn the Department’s General rate for the subject merchandise in 1996, 100 percent of UES. In determining how Issues Appendix methodology or its we first determined BS plc’s benefits in this change in ownership affects our findings in the Lead Bar Remand 1996, taking into account all spin-offs of attribution of subsidies to the subject Determination.’’ Certain Hot-Rolled productive units (including the Special merchandise, we relied on Section Lead and Bismuth Carbon Steel Steel Business) and BSC’s full 771(5)(F) of the Act, which states that a Products From the United Kingdom; privatization in 1988. See Final change in ownership does not require a Final Results of Countervailing Duty Affirmative Countervailing Duty determination that past subsidies Administrative Review, 61 FR 58377, Determination; Certain Steel Products received by an enterprise are no longer 58379 (November 14, 1996). from the United Kingdom, 58 FR 37393 countervailable, even if the transaction With the acquisition of UES, we also (July 9, 1993) (UK Certain Steel). We is accomplished at arm’s length. The had to determine whether BS plc’s then calculated the amount of UES’s Statement of Administrative Action, remaining subsidies are attributable to subsidies that ‘‘rejoined’’ BS plc after H.R. Doc. No. 316, 103d Cong., 2d Sess. the subject merchandise. Where the the 1995 acquisition, taking into (1994) (SAA), explains that the aim of Department finds that a company has account the reallocation of subsidies to this provision is to prevent the extreme received untied countervailable GKN. See Lead Bar 95 Final Results; interpretation that the arm’s length sale subsidies, to determine the Lead Bar 95 Preliminary Results. As of a firm automatically, and in all cases, countervailing duty rate, the indicated above, in determining both extinguishes any prior subsidies Department attributes those subsidies to these amounts, we followed the conferred. While the SAA indicates that that company’s total sales of methodology outlined in the GIA. After the Department retains the discretion to domestically produced merchandise, adding BS plc’s and UES’s benefits for determine whether and to what extent a including the sales of 100-percent- each program, we then divided that change in ownership eliminates past owned domestic subsidiaries. If the amount by BS plc’s total sales of subsidies, it also indicates that this subject merchandise is produced by a merchandise produced in the United discretion must be exercised carefully subsidiary company, and the only Kingdom in 1996. by considering the facts of each case. subsidies in question are the untied SAA at 928. subsidies received by the parent Allocation Methodology In accordance with the Act and the company, the countervailing duty rate In British Steel plc v. United States, SAA, we examined the facts of BS plc’s calculation for the subject merchandise 879 F. Supp. 1254 (CIT 1995), the U.S. acquisition of GKN’s shares of UES, and is the same as described above. Court of International Trade ruled we determined that the change in Similarly, if such a company purchases against the Department’s allocation ownership does not render previously another company, as was the case with methodology, which relied on U.S. bestowed subsidies attributable to UES BS plc’s purchase of UES, then the Internal Revenue Service information on no longer countervailable. However, we current benefit from the parent the industry specific average useful life 64570 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices of assets for determining the allocation additional rights, in return for the (B) Regional Development Grant period for non-recurring subsidies. In capital provided to BSC/BS plc under Program accordance with the Court’s remand section 18(1) since it already owned 100 Regional development grants were order, the Department calculated a percent of the company. paid to BSC/BS plc under the Industry In Lead Bar (58 FR at 6241), the company-specific allocation period Act of 1972 and the Industrial Department found BSC/BS plc to be based on the AUL of non-renewable Development Act of 1982. In order to unequityworthy from 78/79 through physical assets for BS plc. This qualify for assistance under these two 1985/86, and thus determined that the allocation period was 18 years. This Acts, an applicant had to be engaged in remand determination was affirmed by Government of the United Kingdom’s manufacturing and located in an the Court on June 4, 1996. British Steel equity infusions were inconsistent with assisted area. Assisted areas are older, plc v. United States, 929 F. Supp. 426, commercial considerations. Although, industrial regions identified as having 439 (CIT 1996). prior to the formation of UES, BSC’s The Department’s acquiescence to the section 18(1) equity capital was written deep-seated, long-term problems such as CIT’s decision in the Certain Steel cases off in two stages (£3,000 million in 1981 high levels of unemployment, resulted in different allocation periods and £1,000 million in 1982) as part of migration, slow economic growth, between the UK Certain Steel and Lead a capital reconstruction of BSC, the derelict land, and obsolete factory Bar proceedings (18 years vs. 15 years). Department determined that BSC/BS plc buildings. Regional development grants Different allocation periods for the same benefitted from these equity infusions, were given for the purchase of specific subsidies in two proceedings involving notwithstanding the subsequent write- assets. According to the Government of the same company generate significant off of equity capital. Therefore, the the United Kingdom, the program inconsistencies. Moreover, UES became Department countervailed the equity involved one-time grants, sometimes a wholly-owned subsidiary of BS plc in investments as grants given in the years disbursed over several years. 1995. In the 1995 review of Lead Bar, in the equity capital was received. No new BSC/BS plc received regional order to maintain a consistent allocation information or evidence of changed development grants during the period period across the UK Certain Steel and circumstances was presented in this between fiscal years 1978/79 and 1985/ Lead Bar proceedings, as well as in the review to warrant a reconsideration of 86. The Department found this program different segments of Lead Bar, we that finding. countervailable in Lead Bar (58 FR at altered the allocation methodology Because the Department determined 6242), because it is limited to specific previously used to determine the in Lead Bar that the infusions are non- regions. No new information or allocation period for non-recurring recurring, we have allocated the benefits evidence of changed circumstances was subsidies previously bestowed on BSC over BS plc’s company-specific average presented in this review to warrant a and attributed to UES. In the 1995 useful life of renewable physical assets reconsideration of that finding. review, we applied the company- (18 years). In Lead Bar, we determined that, specific 18-year allocation period to all Although uncreditworthiness was not because each grant required a separate non-recurring subsidies. See Lead Bar specifically alleged or investigated application, these grants are non- 95 Final Results. Based on our decision during the investigation on lead bar, in recurring. Accordingly, we have in the 1995 administrative review of this UK Certain Steel the Department found calculated the benefits from this order, we preliminarily determine that it that BSC/BS plc was uncreditworthy program by allocating the benefits over is appropriate in this review to continue from 1977/78 through 1985/86. 58 FR at BS plc’s company-specific average to allocate all of BSC’s non-recurring 37395. No new information or evidence useful life of renewable physical assets subsidies over BS plc’s company- of changed circumstances was presented (18 years). Since BSC/BS plc was specific average useful life of renewable in this review to warrant a uncreditworthy from 1978/79 through physical assets (i.e., 18 years). reconsideration of that finding. 1985/86 (as discussed under the ‘‘Equity Therefore, we have used a discount rate Infusions’’ section, above), we have Analysis of Programs which includes a risk premium to used a discount rate which includes a I. Programs Conferring Subsidies calculate the benefit from the grants. risk premium (see Mexican Steel, 58 FR See, e.g., Final Affirmative at 37354) to calculate the benefits from (A) Equity Infusions Countervailing Duty Determinations: these grants. In each year from 1978/79 through Certain Steel Products From Mexico, 58 To calculate the benefit from this 1985/86, BSC/BS plc received equity FR 37352, 37354 (July 9, 1993) (Mexican program, we followed the methodology capital from the Secretary of State for Steel). described above in the section on Trade and Industry pursuant to section To calculate the benefit to the subject ‘‘Equity Infusions’’. On this basis, we 18(1) of the Iron and Steel Acts 1975, merchandise from this program, we first preliminarily determine the net subsidy 1981, and 1982. According to section summed the benefit to BS plc from all for this program to be 0.15 percent ad 18(1), the Secretary of State for the infusions allocated to 1996. Then, we valorem in 1996. Department of Trade and Industry may determined the portion of that benefit ‘‘pay to the Corporation (BSC) such still remaining with BS plc after (C) National Loan Funds Loan funds as he sees fit.’’ The Government accounting for privatization and spin- Cancellation of the United Kingdom’s equity offs. To that we added the portion of In conjunction with the 1981/1982 investments in BSC/BS plc were made UES’s subsidies under this program that capital reconstruction of BSC, section pursuant to an agreed external financing ‘‘rejoined’’ BS plc with the acquisition. 3(1) of the Iron and Steel Act of 1981 limit which was based upon medium- See the ‘‘Change in Ownership’’ section extinguished certain National Loans term financial projections. BSC’s of the notice. We then divided the result Fund (NLF) loans, as well as the interest performance was monitored by the by BS plc’s total sales of merchandise accrued thereon, at the end of BSC’s Government of the United Kingdom on produced in the United Kingdom in 1980/81 fiscal year. Because this loan an ongoing basis and requests for capital 1996. On this basis, we preliminarily cancellation was provided specifically were examined on a case-by-case basis. determine the net subsidy for this to BSC, the Department determined in The UK government did not receive any program to be 4.69 percent ad valorem Lead Bar (58 FR at 6242) that it additional ownership, such as stock or in 1996. provided a countervailable benefit. No Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64571 new information or evidence of changed provided under both of these programs U.S. Customs Service to collect a cash circumstances was presented in this is non-countervailable in accordance deposit of 5.28 percent of the f.o.b. review to warrant a reconsideration of with Article 8.2(a) of the WTO invoice price on all shipments of the that finding. Agreement on Subsidies and subject merchandise from BS plc/BSES/ We calculated the benefit for this Countervailing Measures and section UES, entered, or withdrawn from review using our standard methodology 771(5B)(B) of the Act (which provide warehouse, for consumption on or after for non-recurring grants. We allocated that certain research and development the date of publication of the final the benefits from this loan cancellation subsidies are not countervailable). We results of this review. over BS plc’s company-specific average preliminarily determine that it is not Because the URAA replaced the useful life of renewable physical assets necessary to determine whether BRITE/ general rule in favor of a country-wide (18 years). Because BSC/BS plc was EuRAM and the Standards rate with a general rule in favor of found to be uncreditworthy in 1981/82 Measurement and Testing Program individual rates for investigated and (as discussed under ‘‘Equity Infusions’’ qualify for non-countervailable reviewed companies, the procedures for section, above), we have used a discount treatment because combined, the establishing countervailing duty rates, rate which includes a risk premium. See assistance provided under both of these including those for non-reviewed Mexican Steel, 58 FR at 37354. programs would result in a rate of less companies, are now essentially the same To calculate the benefit from this than 0.005 percent ad valorem, and thus as those in antidumping cases, except as program, we followed the methodology would have no impact on the overall provided for in section 777A(e)(2)(B) of described above in the section on countervailing duty rate calculated for the Act. The requested review will ‘‘Equity Infusions’’. On this basis, we this POR. For this same reason we have normally cover only those companies preliminarily determine the net subsidy not conducted a specificity analysis of specifically named. See 19 CFR for this program to be 0.44 percent ad these programs. See, e.g., Final 355.22(a). Pursuant to 19 CFR 355.22(g), valorem in 1996. Affirmative Countervailing Duty for all companies for which a review Determination: Steel Wire Rod from was not requested, duties must be II. Programs Preliminarily Determined Germany, 62 FR 54990, 54995–54996 assessed at the cash deposit rate, and To Be Not Used (October 22, 1997); Certain Carbon Steel cash deposits must continue to be We examined the following programs Products from Sweden; Final Results of collected, at the rate previously ordered. and preliminarily find that the Countervailing Duty Administrative As such, the countervailing duty cash producers and/or exporters of the Review, 62 FR 16549 (April 7, 1997) and deposit rate applicable to a company subject merchandise subject to this Certain Carbon Steel Products from can no longer change, except pursuant review did not apply for or receive Sweden; Preliminary Results of to a request for a review of that benefits under these programs during Countervailing Duty Administrative company. See Federal-Mogul the POR: Review, 61 FR 64062, 64065 (December Corporation and The Torrington Company v. United States, 822 F.Supp. (A) New Community Instrument Loans 3, 1996); Final Negative Countervailing 782 (CIT 1993) and Floral Trade Council (B) ECSC Article 54 Loan Guarantees Duty Determination: Certain Laminated v. United States, 822 F.Supp. 766 (CIT (C) NLF Loans Hardwood Trailer Flooring (‘‘LHF’’) 1993) (interpreting 19 CFR 353.22(e), (D) ECSC Conversion Loans From Canada, 62 FR 5201 (February 4, the antidumping regulation on (E) European Regional Development 1997); Industrial Phosphoric Acid From automatic assessment, which is Fund Aid Israel; Final Results of Countervailing identical to 19 CFR 355.22(g)). (F) Article 56 Rebates Duty Administrative Review, 61 FR Therefore, the cash deposit rates for all (G) Regional Selective Assistance 53351 (October 11, 1996) and Industrial companies except those covered by this (H) ECSC Article 56(b)(2) Redeployment Phosphoric Acid From Israel; review will be unchanged by the results Aid Preliminary Results of Countervailing of this review. (I) Inner Urban Areas Act of 1978 Duty Administrative Review, 61 FR 28845 (June 6, 1996). We will instruct Customs to continue (J) LINK Initiative to collect cash deposits for non- (K) European Coal and Steel Community Preliminary Results of Review reviewed companies at the most recent (ECSC) Article 54 Loans/Interest In accordance with 19 CFR company-specific or country-wide rate Rebates 355.22(c)(4)(ii), we have calculated an applicable to the company. Accordingly, III. Program Previously Determined To individual subsidy rate for each the cash deposit rates that will be Be Terminated producer/exporter subject to this applied to non-reviewed companies administrative review. As discussed in covered by this order are those Transportation Assistance the ‘‘Change in Ownership’’ section of established in the most recently The Department found this program the notice, above, we are treating British completed administrative proceeding, to be terminated in the 1995 Steel plc and British Steel Engineering conducted pursuant to the statutory administrative review of this Steels as one company for purposes of provisions that were in effect prior to countervailing duty order. See Lead Bar this proceeding. For the period January the URAA amendments. See Certain 1995 Final Results. 1, 1996 through December 31, 1996, we Hot-Rolled Lead and Bismuth Carbon preliminarily determine the net subsidy Steel Products from the United IV. Other Programs Examined for British Steel plc/British Steel Kingdom; Final Results of We also examined the following Engineering Steels (BS plc/BSES) to be Countervailing Duty Administrative programs: 5.28 percent ad valorem. If the final Review, 60 FR 54841 (October 26, 1995). results of this review remain the same These rates shall apply to all non- BRITE/EuRAM and Standards as these preliminary results, the reviewed companies until a review of a Measurement and Testing Program Department intends to instruct the U.S. company assigned these rates is BS plc received assistance under Customs Service to assess requested. In addition, for the period these two European Union programs to countervailing duties for BS plc/BSES at January 1, 1996 through December 31, fund research and development. The 5.28 percent ad valorem. The 1996, the assessment rates applicable to European Union claimed that assistance Department also intends to instruct the all non-reviewed companies covered by 64572 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices this order are the cash deposit rates in Section of the NAFTA Secretariat the panel review by filing a Notice of effect at the time of entry. pursuant to Article 1904 of the North Appearance in accordance with Rule 40 American Free Trade Agreement. A within 45 days after the filing of the first Public Comment second request was also filed on Request for Panel Review (the deadline Parties to the proceeding may request November 21, 1997 on behalf of the for filing a Notice of Appearance is disclosure of the calculation Gouvernement du Quebec. Panel review January 5, 1998); and methodology; interested parties may was requested of the final (c) The panel review shall be limited request a hearing not later than 10 days countervailing duty determination made to the allegations of error of fact or law, after the date of publication of this by the International Trade including the jurisdiction of the notice. Interested parties may submit Administration, respecting Steel Wire investigating authority, that are set out written arguments in case briefs on Rod From Canada. This determination in the Complaints filed in the panel these preliminary results within 30 days was published in 62 Federal Register review and the procedural and of the date of publication. Rebuttal 54972, on October 22, 1997. The substantive defenses raised in the panel briefs, limited to arguments raised in NAFTA Secretariat has assigned Case review. case briefs, may be submitted seven Number USA–97–1904–08 to this Dated: December 2, 1997. days after the time limit for filing the request. case brief. Parties who submit argument James R. Holbein, FOR FURTHER INFORMATION CONTACT: United States Secretary, NAFTA Secretariat. in this proceeding are requested to James R. Holbein, United States [FR Doc. 97–31952 Filed 12–5–97; 8:45 am] submit with the argument (1) a Secretary, NAFTA Secretariat, Suite statement of the issue and (2) a brief 2061, 14th and Constitution Avenue, BILLING CODE 3510±GT±P summary of the argument. Any hearing, Washington, D.C. 20230, (202) 482– if requested, will be held seven days 5438. after the scheduled date for submission DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: Chapter of rebuttal briefs. Copies of case briefs 19 of the North American Free-Trade National Oceanic and Atmospheric and rebuttal briefs must be served on Agreement (‘‘Agreement’’) establishes a Administration interested parties in accordance with 19 mechanism to replace domestic judicial CFR 355.38. review of final determinations in Representatives of parties to the [I.D. 120197B] antidumping and countervailing duty proceeding may request disclosure of cases involving imports from a NAFTA Marine Mammals; Scientific Research proprietary information under country with review by independent Permit No.782±1399 administrative protective order no later binational panels. When a Request for than 10 days after the representative’s AGENCY: National Marine Fisheries Panel Review is filed, a panel is client or employer becomes a party to Service (NMFS), National Oceanic and established to act in place of national the proceeding, but in no event later Atmospheric Administration (NOAA), courts to review expeditiously the final than the date the case briefs, under 19 Commerce. determination to determine whether it CFR 355.38, are due. The Department conforms with the antidumping or ACTION: Issuance of permit. will publish the final results of this countervailing duty law of the country administrative review including the SUMMARY: Notice is hereby given that that made the determination. results of its analysis of issues raised in the National Marine Mammal Under Article 1904 of the Agreement, any case or rebuttal brief or at a hearing. Laboratory, Alaska Fisheries Science which came into force on January 1, This administrative review and notice Center, 7600 Sand Point Way NE, Bin 1994, the Government of the United are in accordance with section 751(a)(1) C15700, Seattle, Washington 98115– States, the Government of Canada and of the Act (19 U.S.C. 1675(a)(1)). 0070, has been issued a permit to import the Government of Mexico established and export marine mammal specimens Dated: December 1, 1997. Rules of Procedure for Article 1904 for scientific purposes. Robert S. LaRussa, Binational Panel Reviews (‘‘Rules’’). Assistant Secretary for Import These Rules were published in the ADDRESSES: The permit and related Administration. Federal Register on February 23, 1994 documents are available for review [FR Doc. 97–32062 Filed 12–5–97; 8:45 am] (59 FR 8686). upon written request or by appointment. SUPPLEMENTARY INFORMATION BILLING CODE 3510±DS±P A first Request for Panel Review was (see ) filed with the U.S. Section of the SUPPLEMENTARY INFORMATION: On August NAFTA Secretariat, pursuant to Article 7, 1997, notice was published in the DEPARTMENT OF COMMERCE 1904 of the Agreement, on November Federal Register (62 FR 442511) that a 21, 1997, requesting panel review of the request for a scientific research permit International Trade Administration final countervailing duty determination to import and export marine mammal described above. specimen materials had been submitted North American Free-Trade The Rules provide that: by the above-named institution. The Agreement, Article 1904, NAFTA Panel (a) A Party or interested person may requested permit has been issued under Reviews; Request for Panel Review challenge the final determination in the authority of the Marine Mammal AGENCY: NAFTA Secretariat, United whole or in part by filing a Complaint Protection Act of 1972, as amended (16 States Section, International Trade in accordance with Rule 39 within 30 U.S.C. 1361 et seq.) and the Regulations Administration, Department of days after the filing of the first Request Governing the Taking and Importing of Commerce. for Panel Review (the deadline for filing Marine Mammals (50 CFR part 216), the ACTION: Notice of First Request for Panel a Complaint is December 22, 1997); Endangered Species Act of 1973 (ESA, Review. (b) A Party, investigating authority or 16 U.S.C. 1531 et seq.), the regulations interested person that does not file a governing the taking, importing and SUMMARY: On November 21, 1997, Ispat Complaint but that intends to appear in exporting of endangered fish and Sidbec Inc. filed a First Request for support of any reviewable portion of the wildlife (50 CFR 222.23), and the Fur Panel Review with the United States final determination may participate in Seal Act of 1966 (16 U.S.C. 1151 et seq.). Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64573

Issuance of this permit as required by Dated: December 4, 1997. the following federal agencies as the ESA is based on a finding that such Sadye E. Dunn, cooperating agencies for the NAFR permit: (1) Was applied for in good Secretary. Range Renewal LEIS: The U.S. faith, (2) will not operate to the [FR Doc. 97–32209 Filed 12–4–97; 2:30 pm] Department of Energy, U.S. Fish and disadvantage of the endangered species BILLING CODE 6355±01±M Wildlife Service, and the Bureau of which are the subject of this permit, and Land Management. Notice of Intent was (3) is consistent with the purposes and published in the Federal Register on policies set forth in section 2 of the CONSUMER PRODUCT SAFETY May 31, 1996. ESA. Documents are available in the COMMISSION DATES: See summary section for related following offices: date. Sunshine Act Meeting Permits Division, Office of Protected ADDRESSES: HQ ACC/CEVP, 129 Resources, NMFS, 1315 East-West AGENCY: U.S. Consumer Product Safety Andrews Street, Suite 102, Langley Air Highway, Room 13130, Silver Spring, Commission, Washington, DC 20207. Force Base, VA 23665. MD 20910 (301/713–2289); TIME AND DATE: FOR FURTHER INFORMATION CONTACT: Northeast Region, NMFS, One Thursday, December 18, Ms. Blackburn Drive, Gloucester, MA 1997 10:00 a.m. Sheryl K. Parker, (804) 764–9334. 01930–2289 (508/281–9250); LOCATION: Room 420, East West Towers, Authority Citation: 42 U.S.C. 4321–4347; Southeast Region, NMFS, 9721 4330 East West Highway, Bethesda, 40 CFR parts 1500–1508; Pub. L. 99–606. Executive Center Drive North, St. Maryland. Barbara A. Carmichael, Petersburg, FL 33702–2432 (813/570– STATUS: Open to the Public. Alternate Air Force Federal Register Liaison Officer. 5301); MATTER TO BE CONSIDERED: Southwest Region, NMFS, 501 West [FR Doc. 97–32057 Filed 12–5–97; 8:45 am] Ocean Blvd., Suite 4200, Long Beach, Upholstered Furniture BILLING CODE 3910±01±P CA 90802–4213 (310/980–4001); The staff will brief the Commission on Northwest Region, NMFS, 7600 Sand options for Commission action to Point Way, NE, BIN C15700, Bldg., 1, address the risk of fires caused by small DEPARTMENT OF EDUCATION Seattle, WA 98115–0070 (206/526– open flame ignition of upholstered 6150); and furniture and the staff’s evaluation of Historically Black Colleges and Alaska Region, NMFS, P.O. Box the cigarette ignition resistance of Universities Capital Financing 21668, Juneau, AK 99802–1668 (907– upholstered furniture. These issues Advisory Board; Meeting 586–7221). were initially raised in a petition (FP AGENCY: Historically Black Colleges and Dated: December 2, 1997. 93–1) submitted by the National Universities Capital Financing Advisory Ann D. Terbush, Association of State Fire Marshals Board; Education. (NASFM). Chief, Permits and Documentation Division, ACTION: Notice of meeting. Office of Protected Resources, National For a recorded message containing the Marine Fisheries Service. latest agenda information, call (301) SUMMARY: This notice sets forth the [FR Doc. 97–32071 Filed 12–5–97; 8:45 am] 504–0709. schedule and proposed agenda of a BILLING CODE 3510±22±F CONTACT PERSON FOR ADDITIONAL forthcoming meeting of the Historically INFORMATION: Sadye E. Dunn, Office of Black Colleges and Universities Capital the Secretary, 4330 East West Highway, Financing Advisory Board. This notice CONSUMER PRODUCT SAFETY Bethesda, MD 20207 (301) 504–0800. also describes the functions of the COMMISSION Dated: December 4, 1997. Board. Notice of this meeting is required Sadye E. Dunn, under Section 10(a)(2) of the Federal Sunshine Act Meeting Secretary. Advisory Committee Act.. AGENCY: U.S. Consumer Product Safety [FR Doc. 97–32210 Filed 12–4–97; 2:30 pm] DATE AND TIME: December 19, 1997, 9:00 Commission, Washington, DC 20207. BILLING CODE 6355±01±M a.m.–4:00 p.m. ADDRESSES: TIME AND DATE: Tuesday, December 16, Loews L’Enfant Plaza Hotel, 1997, 10:00 a.m. 480 L’Enfant Plaza S.W., Washington, DC. LOCATION: Room 420, East West Towers, DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: 4330 East West Highway, Bethesda, Department of the Air Force Maryland. Carl S. Person, Executive Director, Historically Black Colleges and STATUS: Open to the Public. Legislative Environmental Impact Universities Capital Financing Advisory Statement (LEIS) for Nellis Air Force MATTER TO BE CONSIDERED: Board, U.S. Department of Education, Range Renewal (NAFR)ÐCooperating Washington, DC 20202–5139, telephone Bunk Beds Agencies (202) 708–8328. The staff will brief the Commission on SUMMARY: The Air Force is currently SUPPLEMENTARY INFORMATION: The options for Commission action to preparing a Legislative Environmental Historically Black Colleges and address entrapment hazards associated Impact Statement (LEIS) to assess the Universities Capital Financing Advisory with bunk beds. potential environmental impacts of the Board is established under section 727 For a recorded message containing the proposed renewal of the Nellis Air of the Higher Education Act of 1965. as latest agenda information, call (301) Force Range (NAFR) Nevada. The amended in 1992 (20 U.S.C. 1132c–6). 504–0709. current land withdrawal and reservation The Board is established to provide CONTACT PERSON FOR ADDITIONAL of the NAFR was established by the advice and counsel to the Secretary of INFORMATION: Sadye E. Dunn, Office of Military Lands Withdrawal Act of 1986 Education and the designated bonding the Secretary, 4330 East West Highway, (Pub. L. 99–606) for the period ending authority for the Historically Black Bethesda, MD 20207 (301) 504–0800. November 6, 2001. This notice identifies Colleges and Universities Capital 64574 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

Financing Program as to the most Dated: December 1, 1997. These test procedures are found in 10 effective and efficient means of David A. Longanecker, CFR Part 430, Subpart B. implementing construction financing on Assistant Secretary for Postsecondary Section 323(b) of the Act requires that historically Black college and university Education. the estimated annual operating costs of campuses and to advise Congress [FR Doc. 97–32003 Filed 12–5–97; 8:45 am] a covered product be computed from regarding the progress made in BILLING CODE 4000±01±M measurements of energy use in a implementing the program. representative average-use cycle and from representative average unit costs of The meeting of the Board is open to energy needed to operate such product the public. The agenda includes a DEPARTMENT OF ENERGY during such cycle. The section further briefing by members of the designated requires DOE to provide information bonding authority on the status of loan Office of Energy Efficiency and regarding the representative average activities, an overall assessment of the Renewable Energy unit costs of energy for use wherever program, and reauthorization issues. such costs are needed to perform Records are kept of all Committee Energy Conservation Program for calculations in accordance with the test Consumer Products; Representative proceedings, and are available for public procedures. Most notably, these costs Average Unit Costs of Energy inspection at the office of the are used under the Federal Trade Historically Black Colleges and Commission appliance labeling program AGENCY: Office of Energy Efficiency and established by Section 324 of the Act Universities Capital Financing Advisory Renewable Energy, Department of and in connection with advertisements Board, U.S. Department of Education, Energy. of appliance energy use and energy Washington, DC 20202–5139, from the ACTION: Notice. costs which are covered by Section hours of 9:00 a.m. to 4:00 p.m. 323(c) of the Act. Dated: December 2, 1997. SUMMARY: In this notice, the Department The Department last published David A. Longanecker, of Energy (DOE or Department) is representative average unit costs of forecasting the representative average residential energy for use in the Assistant Secretary for Postsecondary unit costs of five residential energy Conservation Program for Consumer Education. sources for the year 1998. The five Products on November 18, 1996. (61 FR [FR Doc. 97–31974 Filed 12–5–97; 8:45 am] sources are electricity, natural gas, No. 58679). Effective January 7, 1998, the BILLING CODE 4401±01±M 2 heating oil, propane, and kerosene. cost figures published on November 18, The representative unit costs of these 1996, will be superseded by the cost energy sources are used in the Energy figures set forth in this notice. DEPARTMENT OF EDUCATION Conservation Program for Consumer The Department’s Energy Information Products established by the Energy Administration (EIA) has developed the President's Board of Advisors on Policy and Conservation Act, Pub. L. 1998 representative average unit after- Historically Black Colleges and No. 94–163, 89 Stat. 871, as amended, tax costs of electricity, natural gas, No. Universities; Meeting (EPCA). 2 heating oil, and propane and kerosene prices found in this notice. The cost EFFECTIVE DATE: The representative AGENCY: President’s Board of Advisors projections for heating oil, electricity, average unit costs of energy contained on Historically Black Colleges and and natural gas are found in the fourth in this notice will become effective Universities, Department of Education. quarter, 1997, EIA Short-Term Energy January 7, 1998 and will remain in Outlook, DOE/EIA–0226 (97/4Q) and ACTION: Change in meeting time. effect until further notice. reflect the mid-price scenario. Projections for residential propane and SUMMARY: On Wednesday, November FOR FURTHER INFORMATION CONTACT: kerosene prices are derived from their 26, 1997, on page 63138 in column 1, Dr. Barry P. Berlin, U.S. Department of relative prices to that of heating oil, the Department of Education published Energy, Office of Energy Efficiency based on 1996 averages for these three a notice for the President’s Board of and Renewable Energy, Forrestal fuels. The sources for these price data Advisors on Historically Black Colleges Building, Mail Station EE–43, 1000 are the preliminary Petroleum and Universities meeting. The time of Independence Avenue, SW, Marketing Annual 1996 and the the meeting has been changed to 11:00 Washington, DC 20585–0121, (202) September 1997 Monthly Energy Review a.m.–5:00 p.m. all other information 586–9127 (DOE/EIA–0035(97/09). The Short-Term printed is correct. Eugene Margolis, Esq., U.S. Department Energy Outlook and the Monthly Energy of Energy, Office of General Counsel, Review are available at the National DATE AND TIME: December 18, 1997 from Forrestal Building, Mail Station GC– Energy Information Center, Forrestal 11:00 a.m. to 5:00 p.m. 72, 1000 Independence Avenue, SW, Building, Room 1F–048, 1000 ADDRESSES: The meeting will be held at Washington, DC 20585–0103, (202) Independence Avenue, SW., the Sheraton City Centre Hotel located 586–9507. Washington, DC 20585, (202) 586–8800. at 1143 New Hampshire Avenue, NW, SUPPLEMENTARY INFORMATION: Section The preliminary Petroleum Marketing Washington, DC. 323 of the EPCA (Act) 1 requires that Annual 1996 is available at the DOE prescribe test procedures for the following Internet address: http:// FOR FURTHER INFORMATION CONTACT: www.eia.doe.gov/oillgas/pmm/ Sterling Henry, White House Initiative determination of the estimated annual operating costs or other measures of 12pmmframe.html. Persons who are on Historically Black Colleges and energy consumption for certain without access to the Internet, and who Universities, U.S. Department of consumer products specified in the Act. want copies of the applicable tables of Education, 600 Independence Avenue, the preliminary Petroleum Marketing SW, the Portals Building, Suite 605, 1 References to the ‘‘Act’’ refer to the Energy Annual 1996, can obtain them from the Washington, DC 20202–5120. Policy and Conservation Act, as amended. 42 U.S.C. Department’s Office of Codes and Telephone: (202) 708–8667. §§ 6291–6309. Standards (phone: (202) 586–9127). Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64575

The 1998 representative average unit 1998. They will remain in effect until Issued in Washington, DC, on November costs stated in Table 1 are provided further notice. 28, 1997. pursuant to Section 323(b)(4) of the Act Joseph Romm, and will become effective January 7, Principal Deputy Assistant Secretary, Energy Efficiency and Renewable Energy.

TABLE 1.ÐREPRESENTATIVE AVERAGE UNIT COSTS OF ENERGY FOR FIVE RESIDENTIAL ENERGY SOURCES (1998)

Type of energy Per million In commonly used As required by test Btu 1 terms procedure

Electricity ...... $24.68 8.42¢/kWh 2, 3 ...... $ .0842/kWh. Natural gas ...... 6.19 61.9¢/therm 4 or .00000619/Btu. $6.36/MCF 5, 16.

No. 2 Heating Oil ...... 6.85 95¢/gallon 7 ...... 00000685/Btu. Propane ...... 10.39 95¢/gallon 8 ...... 00001039/Btu. Kerosene ...... 7.48 $1.01/gallon 9 ...... 00000748/Btu. 1 Btu stands for British thermal units. 2 kWh stands for kilowatt hour. 3 1 kWh = 3,412 Btu. 4 1 therm = 100,000 Btu. Natural gas prices include taxes. 5 MCF stands for 1,000 cubic feet. 6 For the purposes of this table, one cubic foot of natural gas has an energy equivalence of 1,027 Btu. 7 For the purposes of this table, one gallon of No. 2 heating oil has an energy equivalence of 138,690 Btu. 8 For the purposes of this table, one gallon of liquid propane has an energy equivalence of 91,333 Btu. 9 For the purposes of this table, one gallon of kerosene has an energy equivalence of 135,000 Btu.

[FR Doc. 97–32046 Filed 12–5–97; 8:45 am] Massachusetts, 1.5 mile of 12-inch loop Procedure (18 CFR 385.214 or 385.211) BILLING CODE 6450±01±P extension on Algonquin’s existing E–1 and the Regulations under the Natural system in New London County, Gas Act (18 CFR 157.10). All protests Connecticut, and uprate two of the filed with the Commission will be DEPARTMENT OF ENERGY compressor units at Algonquin’s considered by it in determining the existing Southeast, New York appropriate action to be taken but will Federal Energy Regulatory compressor station from 4,250 not serve to make the protestants parties Commission horsepower to 4,700 horsepower, and to the proceeding. The Commission’s uprate two of the compressor units at rules require that protestors provide [Docket No. CP98±99±000] Algonquin’s existing Burrillville, Rhode copies of their protests to the party or Algonquin Gas Transmission Island, compressor station from 5,500 parties directly involved. Any person Company; Notice of Application horsepower to 5,700 horsepower. wishing to become a party to a Algonquin estimates the construction proceeding or to participate as party in December 2, 1997. cost of the proposed facilities to be any hearing therein must file a motion Take notice that on November 24, $4,662,000, which will be financed to intervene in accordance with the 1997, Algonquin Gas Transmission through revolving credit arrangements Commission’s Rules. Company (Algonquin), 5400 and short-term loans, and from funds on A person obtaining intervenor status Westheimer Court, Houston, Texas hand. will be placed on the service list 77252–1642, filed in Docket No. CP98– Algonquin requests a Preliminary maintained by the Secretary of the 99–000 an application pursuant to Determination on non-environmental Commission and will receive copies of Section 7(c) of the Natural Gas Act for issues by June 1, 1998, with final all documents filed by the applicant and a certificate of public convenience and approval by August 1, 1998, so that the by every one of the intervenors. An necessity to construct, own, operate and proposed facilities can be placed in intervenor can file for rehearing of any maintain certain facilities to provide up service on or about January 1, 1999 for Commission order and can petition for to 33,000 dekatherms per day of firm the purpose of providing any necessary court review of any such order. transportation service to Dighton Power interruptible transportation service for However, an intervenor must submit Associates Limited Partnership (DLP) at start-up and testing at the gas-fired copies of comments or any other filing a proposed gas-fired electric generation electric generation plant. Algonquin it makes with the Commission to every plant to be constructed in Dighton, states that the Rate Schedule AFT–1 other intervenor in the proceeding, as Massachusetts, all as more fully set forth firm transportation service will well as 14 copies with the Commission. in the application which is on file with commence on or about March 1, 1999 A person does not have to intervene, the Commission and open to public for a term of 20 years. however, in order to have comments inspection. Any person desiring to participate in considered. A person, instead, may Algonquin states that in order to the hearing process or to make any submit two copies of comments to the implement the proposed firm protest with reference to said Secretary of the Commission. transportation service, Algonquin will application should on or before Commenters will be placed on the install, construct, own, operate and December 23, 1997, file with the Federal Commission’s environmental mailing maintain new facilities consisting of Energy Regulatory Commission, list, will receive copies of dual taps, a meter station and Washington, D.C. 20426, a motion to environmental documents and will be appurtenant facilities on Algonquins’s intervene or a protest in accordance able to participate in meetings existing 12-inch G–1 Line and 20-inch with the requirements of the associated with the Commission’s G–1 Loop Line in Dighton, Commission’s Rules of Practice and environmental review process. 64576 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

Commenters will not be required to Gasification Company (Dakota). ANR certificate issued in Docket No. CP83– serve copies of filed documents on all proposes a reservation surcharge 76–000, all as more fully set forth in the other parties. However, commenters applicable to its Part 284 firm request which is on file with the will not receive copies of all documents transportation customers to collect Commission and open to public filed by other parties or issued by the ninety percent (90%) of the Dakota inspection. Commission and will not have the right costs, and an adjustment to the Columbia states that it seeks NGA to seek rehearing or appeal the maximum base tariff rates of Rate certification in order that it may be used Commission’s final order to a federal Schedule ITS and overrun rates to provide both Part 284 Subpart B and court. applicable to Rate Schedule FTS–2, so G transportation. Columbia’s proposed The Commission will consider all as to recover the remaining ten percent quantities to be delivered at the existing comments and concerns equally, (10%). ANR also advises that the point of delivery are 400 Dth/day and whether filed by commenters or those proposed changes would decrease 146,000 Dth/Annually. Columbia states requesting intervenor status. current quarterly Above-Market Dakota that the end use of gas is for Industrial Take further notice that, pursuant to Cost recoveries from $2.5 million to $1.6 purposes to serve a new Asphalt Plant. the authority contained in and subject to million, based primarily upon a one- Columbia states that the quantities of jurisdiction conferred upon the Federal time refund from Northern Border natural gas to be provided through the Energy Regulatory Commission by Pipeline Company. new point of delivery will be within its Any person desiring to be heard or to Sections 7 and 15 of the Natural Gas Act authorized level of service. Columbia protest this filing should file a motion and the Commission’s Rules of Practice contends that there is no impact on its to intervene or protest with the Federal and Procedure, a hearing will be held existing design day and annual Energy Regulatory Commission, 888 without further notice before the obligations to its customers as a result Commission or its designee on this First Street, N.E., Washington D.C. 20426, in accordance with Sections of the NGA certification of the existing application if no motion to intervene is point of delivery for transportation filed within the time required herein, if 385.214 and 385.211 of the Commission’s Rules and Regulations. service. Additionally, Columbia notes the Commission on its own review of that it installed interconnecting the matter finds that a grant of the All such motions or protests must be filed as provided in Section 154.210 of facilities which included a 2-inch tap certificate is required by the public and 15 feet of small diameter pipe. convenience and necessity. If a motion the Commission’s Regulations. Protests will be considered by the Commission Columbia states that the facilities were for leave to intervene is timely filed, or placed in-service on September 8, 1997. if the Commission on its own motion in determining the appropriate action to believes that a formal hearing is be taken, but will not serve to make Columbia asserts that it obtained the required, further notice of such hearing protestants parties to the proceeding. appropriate environmental clearances will be duly given. Any person wishing to become a party from the Ohio State Historic Under the procedure herein provided must file a motion to intervene. Copies Preservation Office and the United for, unless otherwise advised, it will be of this filing are on file with the States Department of Interior, Fish and unnecessary for Algonquin to appear or Commission and are available for public Wildlife Service for its proposed be represented at the hearing. inspection in Public Reference Room. construction. Columbia contends that the cost to construct the new point of Linwood A. Watson, Jr., Linwood A. Watson, Jr., Acting Secretary. delivery was $15,000. Columbia notes Acting Secretary. that the transportation service to be [FR Doc. 97–31977 Filed 12–5–97; 8:45 am] [FR Doc. 97–31995 Filed 12–5–97; 8:45 am] BILLING CODE 6717±01±M provided through the new point of BILLING CODE 6717±01±M delivery will be from service provided under Columbia’s Rate Schedule, Storage Service Transportation. DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Any person or the Commission’s staff Federal Energy Regulatory Federal Energy Regulatory may, within 45 days after issuance of Commission Commission the instant notice by the Commission, [Docket No. CP98±102±000] file pursuant to Rule 214 of the [Docket No. RP98±68±000] Commission’s Procedural Rules (18 CFR Columbia Gas Transmission ANR Pipeline Company; Notice of 385.214) a motion to intervene or notice Corporation; Notice of Request Under Proposed Changes in FERC Gas Tariff of intervention and pursuant to Section Blanket Authorization 157.205 of the Regulations under the December 2, 1997. Natural Gas Act (18 CFR 157.205) a December 2, 1997. Take notice that on November 26, protest to the request. If no protest is Take notice that on November 25, filed within the time allowed therefor, 1997, ANR Pipeline Company [ANR] 1997, Columbia Gas Transmission the proposed activity shall be deemed tendered for filing, as part of its FERC Corporation (Columbia), P.O. Box 1273, authorized effective the day after the Gas Tariff, Second Revised Volume No. Charleston, West Virginia 25325–1273, time allowed for filing a protest. If a 1, the following tariff sheets proposed to filed in Docket No. CP98–102–000 a become effective December 1, 1997: request pursuant to Sections 157.205 protest is filed and not withdrawn Twenty-ninth Revised Sheet No. 8 and 157.212(a) of the Commission’s within 30 days after the time allowed Twenty-ninth Revised Sheet No. 9 Regulations under the Natural Gas Act for filing a protest, the instant request Twenty-eighth Revised Sheet No. 13 (18 CFR 157.205 and 157.212(a)) seeking shall be treated as an application for Thirty-third Revised Sheet No. 18 NGA certification under Part 157 authorization pursuant to Section 7 of ANR states that the above-referenced blanket construction procedures for an the Natural Gas Act. tariff sheets are being filed to implement existing point of delivery originally Linwood A. Watson, Jr., recovery of approximately $1.6 million authorized under NGPA Section 311 to Acting Secretary. of above-market costs that are associated Ohio Cumberland Gas Company in [FR Doc. 97–31979 Filed 12–5–97; 8:45 am] with its obligations to Dakota Holmes County, Ohio, under the blanket BILLING CODE 6717±01±M Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64577

DEPARTMENT OF ENERGY to make available for this filing the data January 1, 1998 will be billed GRI each that it was required to provide in its month based on the actual throughput Federal Energy Regulatory June 13, 1996 compliance filing in for each prior month of service until a Commission Docket No. RP96–140–002 pursuant to a 12-month history is established. [Docket Nos. RP98±59±000 and RP96±140± protective agreement. Nevertheless, Columbia is filing 007] Any person desiring to be heard or to Attachment A to the filing so as to protest this filing should file a motion insure that the load factors resulting Columbia Gas Transmission to intervene or protest with the Federal from the calculations are a matter of Corporation; Notice of Proposed Energy Regulatory Commission, 888 public record. Changes in FERC Gas Tariff First Street, NE, Washington, DC 20426, Columbia states that copies of its in accordance with Sections 385.214 filing have been mailed to all parties on December 2, 1997. and 385.211 of the Commission’s Rules the Commission’s service list in Docket Take notice that on November 25, and Regulations. All such motions or No. RP96–140 and RP96–140–002, and 1997, Columbia Gas Transmission protests must be filed as provided in to each of Columbia’s firm customers, Corporation (Columbia) tendered for Section 154.210 of the Commission’s interruptible customers, and affected filing as part of its FERC Gas Tariff, Regulations. Protests will be considered state commissions. Columbia also agrees Second Revised Volume No, 1, the by the Commission in determining the to make available for this filing the data following tariff sheets to become appropriate action to be taken, but will that it was required to provide in its effective January 1, 1998: not serve to make protestants parties to June 13, 1996 compliance filing in Original Sheet No. 99O the proceeding. Copies of this filing are Docket No. RP96–140–002 pursuant to a Original Sheet No. 99P on file with the Commission and are protective agreement. available for public inspection in the Any person desiring to be heard or to Pursuant to the prior agreements of Public Reference Room. the parties following Columbia’s first protest this filing should file a motion Linwood A. Watson, Jr., filing to recover Accrued-But-Not-Paid to intervene or protest with the Federal Gas Costs, this filing should be sub- Acting Secretary. Energy Regulatory Commission, 888 docketed under the RP96–140 docket [FR Doc. 97–31989 Filed 12–5–97; 8:45 am] First Street, NE, Washington, DC 20426, number. BILLING CODE 6717±01±M in accordance with Sections 385.214 Columbia states that the instant filing and 385.211 of the Commission’s Rules is being submitted pursuant to Article and Regulations. All such motions or VII, Section C, Accrued-But-Not-Paid DEPARTMENT OF ENERGY protests must be filed as provided in Gas Costs, of the ‘‘Customer Settlement’’ Section 154.210 of the Commission’s Federal Energy Regulatory Regulations. Protests will be considered in Docket No. GP94–02, et al., approved Commission by the Commission on June 15, 1995 (71 by the Commission in determining the FERC 61,337 (1995)). The Customer [Docket No. RP98±60±000] appropriate action to be taken, but will Settlement became effective on not serve to make protestants parties to November 28, 1995, when the Columbia Gas Transmission the proceeding. Copies of this filing are Corporation; Notice of Filing Bankruptcy Court’s November 1, 1995 on file with the Commission and are order approving Columbia’s Plan of available for public inspection in the December 2, 1997. Public Reference Room. Reorganization became final. Under the Take notice that on November 25, terms of Article VII, Section C, 1997, Columbia Gas Transmission Linwood A. Watson, Jr., Columbia is entitled to recover amounts Corporation (Columbia) tendered for Acting Secretary. for Accrued-But-Not-Paid Gas Costs. As filing Attachment A to the filing, which [FR Doc. 97–31990 Filed 12–5–97; 8:45 am] directed by Article VII, Section C, the details, by customer, the historical load BILLING CODE 6717±01±M tariff sheets contained herein are being factors calculated using total firm filed in accordance with Section 39 of entitlements for the 12-month period the General Terms and Conditions of the ended October 31, 1997. DEPARTMENT OF ENERGY Tariff, to direct bill the Accrued-But- Columbia states that this filing is Not-Paid Gas Costs that have been paid being submitted pursuant to the Federal Energy Regulatory subsequent to November 28, 1995. Commission’s November 12, 1997 Order Commission Columbia states that the instant filing in Docket Nos. RP97–149–002 and [Docket No. RP97±287±009] reflects Accrued-But-Not-Paid Gas Costs RP97–391–000, in which the in the amount of $9,636.40 plus Commission approved GRI’s 1998 El Paso Natural Gas Company; Notice applicable FERC interest of $180.13. funding formula continuing the 1997 of Proposed Changes in FERC Gas This is Columbia’s seventh filing funding formula with allocated RD&D Tariff pursuant to Article VII, Section C, and program costs to its members. Since the December 2, 1997. Columbia reserves the right to make the approved charges for 1998 are the same Take notice that on November 26, appropriate additional filings pursuant as the GRI charges approved for 1997, 1997, El Paso Natural Gas Company (El to that provision. The allocation factors no revision is required in Columbia’s Paso) tendered for filing to be part of its on Appendix F of the Customer presently effective Sheet Nos. 25 FERC Gas Tariff, Second Revised Settlement were used as prescribed by through 28, but the charges to certain of Volume No. 1–A, the following tariff Article VII, Section C. Columbia’s firm customers will change sheets to become effective December 1, Columbia states that copies of its based upon the revised historical load 1997: filing have been mailed to all parties on factor calculations. the Commission’s service list in Docket Columbia states that this filing is to Tenth Revised Sheet No. 30 No. RP96–140 and RP–140–002, and to reflect Columbia’s changes to its firm Fifth Revised Sheet No. 31 each of Columbia’s firm customers, customers’ load factors reflected in the Fourth Revised Sheet No. 32 interruptible customers, and affected calculations on Attachment A. As stated El Paso states that the above tariff state commissions. Columbia also agrees above, any new customer added after sheets are being filed to implement 64578 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices negotiated rate contracts pursuant to the by the Commission in determining the FERC Gas Tariff, Fifth Revised Volume Commission’s Statement of Policy on appropriate action to be taken, but will No. 1, the following tariff sheet, to Alternatives to Traditional Cost-of- not serve to make protestants parties to become effective January 1, 1998: Service Ratemaking for Natural Gas the proceeding. Any person wishing to Seventh Revised Sheet No. 5200 Pipelines and Regulation of Negotiated become a party must file a motion to Transportation Services of Natural Gas intervene. Copies of this filing are on Koch states that the above referenced Pipelines issued January 31, 1996 at file with the Commission and are tariff sheet is being filed to revise its Docket Nos. RM95–6–000 and RM96–7– available for public inspection in the imbalance trading form to be consistent 000. Public Reference Room. with Section 20.1(A)(1) of the General Terms and Conditions. Koch states that Any person desiring to protest said Linwood A. Watson, Jr., filing should file a protest with the this Section of its tariff provides that Acting Secretary. each month’s imbalance will be traded Federal Energy Regulatory Commission, [FR Doc. 97–31993 Filed 12–5–97; 8:45 am] 888 First Street N.E., Washington, D.C. with imbalances incurred for the same BILLING CODE 6717±01±M 20426, in accordance with Section month. 385.211 of the Commission’s Rules and Koch also states that it has served copies of the instant filing upon each Regulations. All such protests should be DEPARTMENT OF ENERGY filed in accordance with Section affected customer, state commissions, and other interested parties. 154.210 of the Commission’s Federal Energy Regulatory Any person desiring to be heard or to Regulations. Protests will be considered Commission protest this filing should file a motion by the Commission in determining the to intervene or protest with the Federal appropriate action to be taken, but will [Docket No. EC98±19±000] Energy Regulatory Commission, 888 not serve to make protestants parties to Entergy Arkansas, Inc.; Notice of Filing First Street, N.E., Washington, D.C. the proceeding. Copies of this filing are 20426, in accordance with Sections on file with the Commission and are December 2, 1997. 385.214 and 385.211 of the available for public inspection in the Take notice that on November 26, Commission’s rules and regulations. All Public Reference Room. 1997, Entergy Arkansas, Inc., filed such motions or protests must be filed Linwood A. Watson, Jr., additional information in the above as provided by Section 154.210 of the Acting Secretary. referenced docket. Commission’s rules and regulations. [FR Doc. 97–31985 Filed 12–5–97; 8:45 am] Any person desiring to be heard or to Protests will be considered by the BILLING CODE 6717±01±M protest said filing should file a motion Commission in determining the to intervene or protest with the Federal appropriate action to be taken, but will Energy Regulatory Commission, 888 not serve to make protestants parties to DEPARTMENT OF ENERGY First Street, N.E., Washington, D.C. the proceeding. Any person wishing to 20426, in accordance with Rules 211 become a party must file a motion to Federal Energy Regulatory and 214 of the Commission’s Rules of Commission intervene. Copies of this filing are on Practice and Procedure (18 CFR 385.211 file with the Commission and are [Docket No. RP98±64±000] and 18 CFR 385.214). All such motions available for public inspection in the or protests should be filed on or before Public Reference Room. El Paso Natural Gas Company; Notice December 17, 1997. Protests will be Linwood A. Watson, Jr., of Tariff Filing considered by the Commission in determining the appropriate action to be Acting Secretary. December 2, 1997. taken, but will not serve to make [FR Doc. 97–31991 Filed 12–5–97; 8:45 am] Take notice that on November 26, protestants parties to the proceeding. BILLING CODE 6717±01±M 1997, El Paso Natural Gas Company (El Any person wishing to become a party Paso) tendered for filing and acceptance must file a motion to intervene. Copies DEPARTMENT OF ENERGY the following revised tariff sheets to its of this filing are on file with the FERC Gas Tariff, Second Revised Commission and are available for public Federal Energy Regulatory Volume No. 1–A, to become effective inspection. January 1, 1998: Commission Linwood A. Watson, Jr., [Docket No. RP97±19±008] Fourth Revised Sheet No. 256 Acting Secretary. Fourth Revised Sheet No. 257 [FR Doc. 97–31976 Filed 12–5–97; 8:45 am] Mojave Pipeline Company; Notice of El Paso states that the tendered tariff BILLING CODE 6717±01±M Compliance Filing sheets update the identification of low and high load factor shippers for December 2, 1997. purposes of assessing the Gas Research DEPARTMENT OF ENERGY Take notice that on November 26, Institute’s (GRI) surcharges. 1997, Mojave Pipeline Company Any person desiring to be heard or to Federal Energy Regulatory (Mojave) tendered a letter for acceptance protest said filing should file a motion Commission by the Federal Energy Regulatory to intervene or protest with the Federal [Docket No. RP98±61±000] Commission (Commission), in Energy Regulatory Commission, 888 compliance with the Commission’s First Street N.E., Washington, D.C. Koch Gateway Pipeline Company; order dated August 6, 1997 at Docket 20426, in accordance with Sections Notice of Proposed Changes in FERC No. RP97–19–006. 385.214 and 385.211 of the Gas Tariff Mojave states that the August 6 order Commission’s Rules and Regulations. required it to file revised tariff sheets no All such motions or protests should be December 2, 1997. later than December 1, 1997 submitting filed in accordance with Section Take notice that on November 25, its own pro forma trading partner 154.210 of the Commission’s 1997, Koch Gateway Pipeline Company agreement (TPA) or adopting the GISB Regulations. Protests will be considered (Koch) tendered for filing as part of its model TPA. Mojave states that it will Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64579 continue to use its pro forma TPA the proceeding. Copies of this filing are part of its FERC Gas Tariff, First Revised accepted by the August 6 order and that on file with the Commission and are Volume No. 1–A: Eighteenth Revised no tariff revisions are required at this available for public inspection. Sheet No. 5; and as part of its FERC Gas time. Linwood A. Watson, Jr., Tariff, Second Revised Volume No. 1: Mojave states that copies of the filing Acting Secretary. Fifteenth Revised Sheet No. 7. PGT were served upon all parties of record [FR Doc. 97–31982 Filed 12–5–97; 8:45 am] requests that the above-referenced tariff in this proceeding, in accordance with sheets become effective January 1, 1998. BILLING CODE 6717±01±M the requirements of Section 385.2010 of PGT asserts that the purpose of this the Commission’s Rules of Practice and filing is to comply with Paragraphs 37 Procedure. DEPARTMENT OF ENERGY and 23 of the terms and conditions of Any person desiring to protest said First Revised Volume No. 1–A and filing should file a protest with the Federal Energy Regulatory Second Revised Volume No. 1, Federal Energy Regulatory Commission, Commission respectively, of its FERC Gas Tariff, 888 First Street, N.E., Washington, D.C. ‘‘Adjustment for Fuel, Line Loss and 20426, in accordance with Section [Docket No. RP97±528±001] Other Unaccounted For Gas 385.211 of the Commission’s Rules and NorAm Gas Transmission Company; Percentages.’’ These tariff changes Regulations. All such protests should be Notice of Proposed Changes in FERC reflect that PGT’s fuel and line loss filed in accordance with Section Gas Tariff surcharge percentage will remain at 154.210 of the Commission’s 0.0007% per Dth per pipeline-mile for Regulations. Protests will be considered December 2, 1997. the six-month period beginning January by the Commission in determining the Take notice that on November 26, 1, 1998. Also included, as required by appropriate action to be taken, but will 1997, NorAm Gas Transmission Paragraphs 37 and 23, are workpapers not serve to make protestants parties to Company (NGT) tendered for filing as showing the derivation of the current the proceeding. Copies of this filing are part of its FERC Gas Tariff, Fourth fuel and line loss percentage in effect for on file with the Commission and are Revised Volume No. 1, the following each month the fuel tracking available for public inspection in the revised tariff sheet to be effective mechanism has been in effect. Public Reference Room. November 1, 1997: PGT further states that a copy of this Linwood A. Watson, Jr., filing has been served on PGT’s Substitute Second Revised Sheet No. 196A jurisdictional customers and interested Acting Secretary. NGT states that this tariff sheet is filed state regulatory agencies. [FR Doc. 97–31984 Filed 12–5–97; 8:45 am] herewith to comply with the order Any person desiring to be heard or BILLING CODE 6717±01±M issued in this docket on October 30, protest said filing should file a motion 1997. to intervene or protest with the Federal Any person desiring to protest said Energy Regulatory Commission, 888 DEPARTMENT OF ENERGY filing should file a protest with the First Street, N.E., Washington, D.C. Federal Energy Regulatory Federal Energy Regulatory Commission, 20426, in accordance with Sections Commission 888 First Street, N.E., Washington, D.C. 385.214 and 385.211 of the 20426, in accordance with Section Commission’s Rules of Practice and [Docket No. RP96±200±028] 385.211 of the Commission’s Rules of Procedure. All such motions or protests Practice and Procedure. All such must be filed as provided in Section NorAm Gas Transmission Company; protests must be filed as provided in 154.210 of the Commission’s Notice of Proposed Changes in FERC Section 154.210 of the Commission’s regulations. Protests will be considered Gas Tariff Regulations. Protests will be considered by the Commission in determining the December 2, 1997. by the Commission in determining the appropriate action to be taken, but will Take notice that on November 26, appropriate action to be taken, but will not serve to make protestants parties to 1997, NorAm Gas Transmission not serve to make protestant parties to the proceeding. Any person wishing to Company (NGT) tendered for filing as the proceeding. Copies of this filing are become a party must file a motion to part of its FERC Gas Tariff, Fourth on file with the Commission and are intervene. Copies of this filing are on Revised Volume No. 1, the following available for public inspection in the file with the Commission and are revised tariff sheet to be effective Public Reference Room. available for public inspection in the December 1, 1997: Linwood A. Watson, Jr., Public Reference Room. Acting Secretary. Linwood A. Watson, Jr., Second Revised Sheet No. 7M [FR Doc. 97–31988 Filed 12–5–97; 8:45 am] Acting Secretary. NGT states that the purpose of this BILLING CODE 6717±01±M [FR Doc. 97–31999 Filed 12–5–97; 8:45 am] filing is to report a modification to an existing negotiated rate term. BILLING CODE 6717±01±M Any person desiring to protest said DEPARTMENT OF ENERGY filing should file a protest with the DEPARTMENT OF ENERGY Federal Energy Regulatory Commission, Federal Energy Regulatory 888 First Street, N.E., Washington, D.C. Commission Federal Energy Regulatory 20426, in accordance with Rule 211 of Commission the Commission’s Rules of Practice and [Docket No. TM98±2±86±000] [Docket No. RP96±306±004] Procedure (18 CFR 385.211). All such Pacific Gas Transmission Company; protests must be filed as provided in Notice of Compliance Filling Paiute Pipeline Company; Notice of § 154.210 of the Commission’s Compliance Filing regulations. Protests will be considered December 2, 1997. by the Commission in determining the Take notice that on November 26, December 2, 1997. appropriate action to be taken, but will 1997, Pacific Gas Transmission Take notice that on November 26, not serve to make protestant parties to Company (PGT) tendered for filing as 1997, Paiute Pipeline Company (Paiute) 64580 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices tendered for filing as part of its FERC fully set forth in the application, which a motion for leave to intervene is timely Gas Tariff, Second Revised Volume No. is on file with the Commission and open filed, or if the Commission on its own 1–A, the following tariff sheets: for public inspection. motion believes that formal hearing is Substitute Fifth Revised Sheet No. 10 Panhandle is seeking authorization to required, further notice of such hearing Substitute Sixth Revised Sheet No. 10 abandon the Adrian Lateral facilities will be duly given. Substitute Seventh Revised Sheet No. 10 which include: 8.1 miles of 4-inch Under the procedure herein provided Second Revised Sheet No. 21 pipeline and 8.1 miles of 6-inch for, unless otherwise advised, it will be First Revised Sheet No. 25A pipeline and appurtenant facilities, the unnecessary for Panhandle to appear or First Revised Sheet No. 25B existing metering facility and to be represented at the hearing. Original Sheet No. 25C appurtenant equipment, with the Linwood A. Watson, Jr., First Revised Sheet No. 28 exception of the electronic gas Acting Secretary. Paiute indicates that the purpose of its measurement equipment, all located in [FR Doc. 97–31978 Filed 12–5–97; 8:45 am] filing is to comply with the Lenawee County, Michigan. Panhandle BILLING CODE 6717±01±M Commission’s order issued October 21, indicates that its use of these facilities 1997 in Docket No. RP96–306–002, by has been limited to delivering natural which the Commission approved an gas to Citizens in order to serve its DEPARTMENT OF ENERGY offer of settlement filed by Paiute on various local distribution customers. July 1, 1997. Paiute requests that the Panhandle says that upon abandonment Federal Energy Regulatory proposed tariff sheets be permitted to and transfer of the lateral, Citizens will Commission become effective consistent with the include the facilities as part of its local [Docket No. RP97±411±005] effective dates prescribed in the distribution system and will continue to settlement. provide service to its customers. Sea Robin Pipeline Company; Notice Any person desiring to protest this Panhandle states the facilities to be of Proposed Changes to FERC Gas filing should file a protest with the transferred are fully depreciated. Tariff Federal Energy Regulatory Commission, Panhandle proposes to sell the facilities 888 First Street, N.E., Washington, D.C. to Citizens for the sum of Ten Dollars December 2, 1997. 20426, in accordance with Section ($10.00). Take notice that on November 25, 385.211 of the Commission’s Rules and Panhandle states that its total system 1997, Sea Robin Pipeline Company (Sea Regulations. All such protests must be capacity will not be affected by this Robin) tendered for filing as part of its filed in accordance with Section abandonment; that no customers FERC Gas Tariff, First Revised Volume 154.210 of the Commission’s presently served by Panhandle will have No. 1, the following revised Tariff sheet Regulations. Protests will be considered service terminated; nor will there be any pursuant to Section 154.203 of the by the Commission in determining the changes to Panhandle’s existing tariff. Commission’s Regulations and Section 4 appropriate action to be taken, but will Any person desiring to be heard or to of the Natural Gas Act to become not serve to make protestants parties to make any protest with reference to said effective November 3, 1997: the proceeding. Copies of this filing are application should on or before Second Revised Sheet No. 7a on file with the Commission and are December 23, 1997, file with the Federal available for public inspection in the Energy Regulatory Commission, On July 1, 1997, Sea Robin submitted Public Reference Room. Washington, D.C. 20426, a motion to a filing with the Commission in the Linwood A. Watson, Jr., intervene or a protest in accordance above-captioned docket to create a new Acting Secretary. with the requirements of the rate schedule on Sea Robin’s system to provide a new, flexible firm service for [FR Doc. 97–31983 Filed 12–5–97; 8:45 am] Commission’s Rules of Practice and Procedure (18 CFR 385.211 and any eligible shipper. Such new, firm BILLING CODE 6717±01±M 385.214) and the regulations under the service, Rate Schedule FTS–2, provided Natural Gas Act (18 CFR 157.10). All firm transportation at a volumetric rate DEPARTMENT OF ENERGY protests filed with the Commission will provided that shippers maintain a be considered by it in determining the throughput level of 80% of Maximum Federal Energy Regulatory appropriate action to be taken but will Daily Quantity (MDQ). In the Commission not serve to make the protestants parties Commission’s ‘‘Order Accepting and to the proceeding. Any person wishing Suspending Tariff Sheets Subject to [Docket No. CP98±101±000] to become a party in any proceeding Conditions’’ dated July 31, 1997, the Panhandle Eastern Pipe Line herein must file a motion to intervene Commission accepted Sea Robin’s filing Company; Notice of Application for in accordance with the Commission’s subject to certain conditions. Sea Robin Abandonment rules. made a compliance filings with the Take further notice that, pursuant to Commission on August 15, 1997, and December 2, 1997. the authority contained in and subject to October 14, 1997, to place the tariff Take notice that on November 25, the jurisdiction conferred upon the sheets into effect on August 4, 1997. 1997, Panhandle Eastern Pipe Line Commission by Sections 7 and 15 of the The July 31 Order recognized that Company (Panhandle), 5400 Natural Gas Act and the Commission’s acceptance of the filing was subject to Westheimer Court, Houston, TX 77251– Rules of Practice and Procedure, a the outcome of Sea Robin’s rehearing 1642, filed, in Docket No. CP98–101– hearing will be held without further petition in Docket No. RP95–167. On 000, an application pursuant to Section notice before the Commission or its December 31, 1996, Sea Robin filed a 7(b) of the Natural Gas Act and Part 157 designee on this application if no Stipulation and Agreement (Stipulation) of the Commission’s Regulations for an motion to intervene is filed within the in Docket No. RP95–167 under which it order permitting and approving the time required herein, if the Commission intended to resolve all of the issues in abandonment by sale to Citizens Gas on its own review of the matter finds the proceeding and to implement Fuel Company (Citizens), the Adrian that permission and approval for the revised rates effective January 1, 1997. lateral and appurtenant facilities located proposed abandonment are required by The Stipulation Lowered Sea Robin’s in Lenawee County, Michigan, as more the public convenience and necessity. If interruptible transportation (IT) rate to Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64581

$0.0800/Dth and lowered its firm Company (Southeastern) filed pursuant DEPARTMENT OF ENERGY transportation (FT) demand rate to to Section 284.123(b)(2) of the $2.26/Dth and FT commodity rate to Commission’s regulations, a petition for Federal Energy Regulatory $0.0040/Dth (Settlement Rates). approval of transportation rates for firm Commission On April 22, 1997, the Commission and interruptible service provided issued its Order on Settlement pursuant to the blanket certificate [Docket No. RP98±63±000] Establishing Just and Reasonable Rates issued to Southeastern under Section (April 22 Order), which required Sea 284.224 of the Commission’s Southern Natural Gas Company; Robin to reduce both its existing rates regulations. Notice of GSR Revised Tariff Sheets and Settlement Rates under Section 5(a) of the Natural Gas Act, 15 U.S.C. Southeastern’s existing rates were December 2, 1997. 717d(a)(1996) to $0.074/dth for IT established by a settlement approved by service and $2.12/dth demand and the Commission in an order issued Take notice that on November 26, $0.003/dth commodity for FT service. March 28, 1996. The March 28 order 1997, Southern Natural Gas Company On rehearing of the April 22 Order, requires Southeastern to file a petition (Southern) tendered for filing as part of however, the Commission issued an for rate approval on or before November its FERC Gas Tariff, Seventh Revised order dated November 3, 1997, which 23, 1997, to justify its existing rates or Volume No. 1, the following tariff sheets accepted the settlement rates as just and to establish new rates. Since the with the proposed effective date of reasonable. When Sea Robin filed its November 23 deadline fell on a Sunday, December 1, 1997. flex-firm rate schedule on July 1, 1997, Southeastern made its filing on the next Tariff Sheets Applicable to Contesting with the rates contained in the April 22 succeeding business day. Parties Order, Sea Robin specifically stated that ‘‘any rates proposed to be charged Southeastern states that copies of its Thirty Fifth Revised Sheet No. 14 hereunder will be subject to the November 24 filing have been served Fifth Sixth Revised Sheet No. 15 outcome of Sea Robin’s rehearing upon its existing blanket certificate Thirty Fifth Revised Sheet No. 16 request.’’ Accordingly, consistent with transportation customers. Fifty Sixth Revised Sheet No. 17 the Commission’s November 3 Order, Pursuant to Section 284.123(b)(2)(ii), Thirty Eight Revised Sheet No. 29 Sea Robin has filed the revised tariff if the Commission does not act within Southern submits the revised tariff sheet to implement the Settlement Rates 150 days of the filing date, the rate will sheets to its FERC Gas Tariff, Seventh for service under Rate Schedule FTS–2 be deemed to be fair and equitable and Revised Volume No. 1, to reflect a as approved by the November 3 Order. not in excess of an amount which Any person desiring to protest this change in its FT/FT–NN GSR Surcharge, interstate pipelines would be permitted filing should file a protest with the due to an increase in GSR billing units to charge for similar transportation Federal Energy Regulatory Commission, effective December 1, 1997. 888 First Street N.E., Washington, D.C. service. The Commission may, prior to Southern states that copies of the 20426, in accordance with the Rule 211 the expiration of the 150-day period, filing were served upon all parties listed of the Commission’s Rules of Practice extend the time for action or institute a and Procedures (18 CFR Section proceeding to afford parties an on the official service list compiled by 385.211). All such protests must be filed opportunity for written comments and the Secretary in these proceedings. in accordance with Section 154.210 of for the oral presentation of views, data Any person desiring to be heard or to the Commission’s Regulations. Protests and arguments. protest said filing should file a motion will be considered by the Commission Any person desiring to participate in to intervene or protest with the Federal in determining the appropriate action to this rate proceeding must file a motion Energy Regulatory Commission, 888 be taken, but will not serve to make to intervene in accordance with Section First Street, N.E., Washington, D.C. protestants parties to the proceeding. 385.211 and 385.214 of the 20426, in accordance with Sections Copies of this filing are on file with the Commission’s Rules of Practice and 385.214 and 385.211 of the Commission and are available for public Procedure. All such motions or protests Commission’s Rules of Practice and inspection in the Public Reference should be filed on or before December Procedure. All such motions or protests Room. 17, 1997. Protests will be considered by should be filed in accordance with Linwood A. Watson, Jr., the Commission in determining the Section 154.210 of the Commission’s Acting Secretary. appropriate action to be taken, but will Regulations. Protests will be considered [FR Doc. 97–31987 Filed 12–5–97; 8:45 am] not served to make Protestants parties to by the Commission in determining the BILLING CODE 6717±01±M the proceeding. appropriate action to be taken, but will not serve to make protestants parties to Any person wishing to become a party the proceeding. Any person wishing to DEPARTMENT OF ENERGY must file a motion to intervene. Copies become a party must file a motion to of this filing are on file with the intervene. Copies of Southern’s filing Federal Energy Regulatory Commission and are available for public are on file with the Commission and are Commission inspection. available for public inspection. [Docket No. PR98±3±000] Linwood A. Watson, Jr., Linwood A. Watson, Jr., Acting Secretary. Southeastern Natural Gas Company; Acting Secretary. [FR Doc. 97–31981 Filed 12–5–97; 8:45 am] Notice of Petition for Rate Approval [FR Doc. 97–31992 Filed 12–5–97; 8:45 am] BILLING CODE 6717±01±M December 2, 1997. BILLING CODE 6717±01±M Take notice that on November 24, 1997, Southeastern Natural Gas 64582 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

DEPARTMENT OF ENERGY available for public inspection in the Regulations. Protests will be considered Public Reference Room. by the Commission in determining the Federal Energy Regulatory Linwood A. Watson, Jr., appropriate action to be taken, but will Commission Acting Secretary. not serve to make protestants parties to [Docket No. RP98±69±000] [FR Doc. 97–31996 Filed 12–5–97; 8:45 am] the proceeding. Any person wishing to BILLING CODE 6717±01±M become a party must file a motion to Southern Natural Gas Company; intervene. Copies of Southern’s filing Notice of Settlement Compliance Filing are on file with the Commission and are DEPARTMENT OF ENERGY available for public inspection. December 2, 1997. Linwood A. Watson, Jr., Take notice that on November 28, Federal Energy Regulatory Acting Secretary. 1997, Southern Natural Gas Company Commission [FR Doc. 97–31997 Filed 12–5–97; 8:45 am] (Southern) tendered for filing as part of [Docket No. RP98±70±000] BILLING CODE 6717±01±M its FERC Gas Tariff, Seventh Revised Volume No. 1, the following tariff sheets Southern Natural Gas Company; to become effective January 1, 1998: Notice of Revised Tariff Sheets DEPARTMENT OF ENERGY Twentieth Revised Sheet No. 14A Twenty-Sixth Revised Sheet No. 15A December 2, 1997. Federal Energy Regulatory Twentieth Revised Sheet No. 16A Take notice that on November 28, Commission Twenty-Sixth Revised Sheet No. 17A 1997, Southern Natural Gas Company Eleventh Revised Sheet No. 18A (Southern) tendered for filing as part of [Docket No. RP98±71±000] its FERC Gas Tariff, Seventh Revised Southern asserts that the purpose of Southern Natural Gas Company; Volume No. 1, the following tariff this filing is to comply with the Notice of GSR Cost Recovery Filing sheets, to become effective January 1, Commission’s Order issued on 1998: September 29, 1995, which approved December 2, 1997. the Stipulation and Agreement Thirty-Seventh Revised Sheet No. 14 Take notice that on November 28, (Settlement) filed by Southern on March Twenty-First Revised Sheet No. 14a 1997, Southern Natural Gas Company 15, 1995 in Docket Nos. RP89–224–012, Fifty-Eighth Revised Sheet No. 15 (Southern) tendered for filing as part of Twenty-Seventh Revised Sheet No. 15a et al. In accordance with Article VII of its FERC Gas Tariff, Seventh Revised Thirty-Seventh Revised Sheet No. 16 Volume No. 1, the following tariff sheets the Settlement, Southern has made this Twenty-First Revised Sheet No. 16a filing to recover a GSR volumetric Fifty-Eighth Revised Sheet No. 17 with the proposed effective date of surcharge based on an estimate of its Twenty-Seventh Revised Sheet No. 17a January 1, 1998. unrecovered GSR costs as of December Thirty-Second Revised Sheet No. 18 Tariff Sheets Applicable to Contesting 31, 1997 and its projected 1998 costs. Twelfth Revised Sheet No. 18a Parties Paragraph 17 of Article VII of the Section 14.2 of Southern’s Tariff Settlement provides for Southern to file provides for an annual reconciliation of Thirty-Sixth Revised Sheet No. 14 by December 1 of each year to collect Fifty-Seventh Revised Sheet No. 15 Southern’s storage costs to reflect Thirty-Sixth Revised Sheet No. 16 unrecovered gas supply realignment differences between the cost to Southern Fifty-Seventh Revised Sheet No. 17 (GSR) costs through its GSR volumetric of its storage gas inventory and the Thirty-First Revised Sheet No. 18 surcharge, to be effective for the parties amount Southern receives for such gas Thirty-Ninth Revised Sheet No. 29 supporting the Settlement beginning arising out of (i) the purchase and sale Tariff Sheets Applicable to Supporting January 1 of the following year. The of such gas in order to resolve shipper Parties proposed GSR volumetric surcharge of imbalances; and (ii) the purchase and $.002/Dth reflects a reduction from the sale of gas as necessary to maintain an Nineteenth Revised Sheet No. 14a $.0084/Dth surcharge currently in effect. appropriate level of storage gas Twenty-Fifth Revised Sheet No. 15a Southern states that copies of the inventory for system management Nineteenth Revised Sheet No. 16a filing were served upon Southern’s purposes. In the instant filing, Southern Twenty-Fifth Revised Sheet No. 17a customers, intervening parties and submits the rate surcharge to the Southern sets forth in the filing its interested state commissions. transportation component of its rates revised demand surcharges and revised Any person desiring to be heard or to under Rate Schedules FT, FT–NN, and interruptible rates that will be charged protest this filing should file a motion IT resulting from the fixed and realized in connection with its recovery of GSR to intervene or protest with the Federal losses it has incurred from the purchase costs associated with the payment of Energy Regulatory Commission, 888 and sale of its storage gas inventory. price differential costs under First Street, N.E., Washington, D.C. Southern states that copies of the unrealigned gas supply contracts as well 20426, in accordance with Section filing were served upon Southern’s as sales function costs during the period 385.214 and 385.211 of the customers and interested state August 1, 1997 through October 31, Commission’s Rules and Regulations. commissions. 1997. These GSR costs have arisen as a All such motions or protests must be Any person desiring to be heard or to direct result of customers’ elections filed in accordance with Section protest said filing should file a motion during restructuring to terminate their 154.210 of the Commission’s to intervene or protest with the Federal sales entitlements under Order No. 636. Regulations. Protests will be considered Energy Regulatory Commission, 888 Southern states that copies of the by the Commission in determining the First Street, N.E., Washington, D.C. filing were served upon Southern’s appropriate action to be taken, but will 20426, in accordance with Sections customers and interested state not serve to make protestants parties to 385.214 and 385.211 of the commissions. the proceeding. Any person wishing to Commission’s Rules of Practice and Any person desiring to be heard or to become a party must file a motion to Procedure. All such motions or protests protest said filing should file a motion intervene. Copies of Southern’s filing should be filed in accordance with to intervene or protest with the Federal are on file with the Commission and are Section 154.210 of the Commission’s Energy Regulatory Commission, 888 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64583

First Street N.E., Washington, D.C. and Regulations. All such motions or DEPARTMENT OF ENERGY 20426, in accordance with Sections protests must be filed as provided in 385.214 and 385.211 of the Section 154.210 of the Commission’s Federal Energy Regulatory Commission’s Rules of Practice and Regulations. Protests will be considered Commission Procedure. All such motions or protests by the Commission in determining the should be filed in accordance with appropriate action to be taken, but will [Docket No. RP97±375±003] Section 154.210 of the Commission’s not serve to make protestants parties to Regulations. Protests will be considered the proceeding. Any person wishing to Wyoming Interstate Company, Ltd.; by the Commission in determining the become a party must file a motion to Notice of Filing of Tariff Sheets appropriate action to be taken, but will intervene. Copies of this filing are on not serve to make protestants parties to December 2, 1997. file with the Commission and are the proceeding. Any person wishing to available for public inspection in the Take notice that, on November 26, become a party must file a motion to 1997, Wyoming Interstate Company, intervene. Copies of Southern’s filing Public Reference Room. Ltd. (WIC) tendered for filing, via its are on file with the Commission and are Linwood A. Watson, Jr., ‘‘Motion to Place Suspended Rates in available for public inspection. Acting Secretary. Effect,’’ the following revised tariff Linwood A. Watson, Jr., [FR Doc. 97–31994 Filed 12–5–97; 8:45 am] sheets: Acting Secretary. BILLING CODE 6717±01±M [FR Doc. 97–31998 Filed 12–5–97; 8:45 am] First Revised Volume No. 1 BILLING CODE 6717±01±M Substitute Seventh Revised Sheet No. 5 DEPARTMENT OF ENERGY Substitute Third Revised Sheet No. 5A DEPARTMENT OF ENERGY Federal Energy Regulatory Second Revised Volume No. 2 Commission Substitute Seventh Revised Sheet No. 4 Federal Energy Regulatory According to WIC, this filing reflects Commission [Docket No. EC97±58±000] the elimination, from the costs [Docket No. RP98±67±000] USGen Power Services, L.P.; Notice of underlying the Docket No. RP97–375 Transcontinental Gas Pipe Line Filing rates, of costs associated with facilities Corporation; Notice of Tariff Filing not placed in service by November 30, December 2, 1997. 1997. This elimination was required by December 2, 1997. Take notice that USGen Power the Commission’s ‘‘Order Accepting and Take notice that on November 26, Suspending Filing, Subject to Refund 1997, Transcontinental Gas Pipe Line Services, L.P., on November 13, 1997, and Conditions, and Establishing Corporation (Transco) tendered for tendered for filing a correction to the Hearing’’ in Docket No. RP97–375–000, filing certain revised tariff sheets to its September 19, 1997 filing in this docket. Wyoming Interstate Company, Ltd., 79 FERC Gas Tariff, Third Revised Volume Any person desiring to be heard or to FERC (CCH) ¶ 61,399 (1997) (Ordering No. 1, which tariff sheets are protest said filing should file a motion Paragraph (B)). enumerated in Appendix A to the filing. to intervene or protest with the Federal Such tariff sheets are proposed to be Energy Regulatory Commission, 888 WIC states that a full copy of its filing effective January 1, 1998. First Street, N.E., Washington, D.C. is being served on each jurisdictional Transco states that the purpose of the 20426, in accordance with Rules 211 customer, interested state commission, instant filing is to reflect, for purposes and 214 of the Commission’s Rules of and each party that has requested of assessing Transco’s GRI surcharge, Practice and Procedure (18 CFR 385.211 service as well as upon each party the reclassification of: (1) Baltimore Gas and 18 CFR 385.214). All such motions appearing on the Commission’s official & Electric Company from the low load service list for Docket No. RP97–375. factor category to the high load factor or protests should be filed on or before category; (2) Delmarva Power & Light December 10, 1997. Protests will be Any person desiring to protest this Company, City of Laurens, South considered by the Commission in filing should file a protest with the Carolina, New Jersey Natural Gas determining the appropriate action to be Federal Energy Regulatory Commission, Company and Penn Fuel Gas, Inc. from taken, but will not serve to make 888 First Street, N.E., Washington, DC the high load factor category to the low protestants parties to the proceeding. 20426, in accordance with Section load factor category; and (3) Any person wishing to become a party 385.211 of the Commission’s Rules and Commonwealth Gas Services, City of must file a motion to intervene. Copies Regulations. All such protests must be Richmond, Virginia, TEMCO of this filing are on file with the filed in accordance with Section (Hopewell), Virginia Natural Gas and Commission and are available for public 154.210 of the Commission’s Mid Louisiana Gas Company eliminated inspection. Regulations. Protests will be considered as GRI eligible delivery customers. In Linwood A. Watson, Jr., by the Commission in determining the that regard, Transco has calculated the Acting Secretary. appropriate action to be taken, but will firm transportation service load factors not serve to make protestants parties to [FR Doc. 97–31975 Filed 12–5–97; 8:45 am] for the 12 month period October 1996 the proceeding. Copies of this filing are through September 1997. BILLING CODE 6717±01±M on file with the Commission and are Any person desiring to be heard or to available for public inspections in the protest this filing should file a motion Public Reference Room. to intervene or protest with the Federal Energy Regulatory Commission, 888 Linwood A. Watson, Jr., First Street, NE., Washington, DC 20426, Acting Secretary. in accordance with Sections 385.214 [FR Doc. 97–31986 Filed 12–5–97; 8:45 am] and 385.211 of the Commission’s Rules BILLING CODE 6717±01±M 64584 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY the Energy Information Administration requirement that it file Form EIA–782B, Federal Energy Regulatory Notice of Issuance of Decisions and the ‘‘Resellers’/Retailers’ Monthly Commission Orders by the Office of Hearings and Petroleum Product Sales Report.’’ In Appeals; Week of May 19 Through May considering Greenville’s request, the [Project Nos. 1933±011 & 2198±007] 23, 1997 DOE found that the firm was not During the week of May 19 through experiencing any type of hardship or Southern California Edison Company; May 23, 1997, the decisions and orders gross inequity. Accordingly, exception Notice of Availability of Final summarized below were issued with relief was denied. Environmental Assessment respect to appeals, applications, Hampton Gas Company, Inc. 5/22/97, petitions, or other requests filed with VEE–0041 December 2, 1997. the Office of Hearings and Appeals of A final environmental assessment the Department of Energy. The Hampton Gas Company, Inc., filed an (EA) is available for public review. The following summary also contains a list Application for Exception from the final EA analyzes the environmental of submissions that were dismissed by Energy Information Administration requirement that it file Form EIA–782B, impacts of an application by Southern the Office of Hearings and Appeals. the ‘‘Resellers’/Retailers’ Monthly California Edison Company (licensee) to Copies of the full text of these Petroleum Product Sales Report.’’ In relocate project facilities. The licensee decisions and orders are available in the Public Reference Room of the Office of considering Hampton’s request, the DOE proposes constructing a new penstock to found that the firm was not replace part of the existing flowline for Hearings and Appeals, Room 1E–234, Forrestal Building, 1000 Independence experiencing any type of hardship or the Santa Ana River (SAR) 1 and 2 Avenue, SW, Washington, D.C. 20585– gross inequity. Accordingly, exception Hydroelectric Project No. 1933–011 and 0107, Monday through Friday, between relief was denied. all of the flowline for the SAR 3 the hours of 1:00 p.m. and 5:00 p.m., Western Star Propane, Inc., 5/22/97, Hydroelectric Project No. 2198–007. The except federal holidays. They are also VEE–0040 licensee proposes to construct a new available in Energy Management: powerhouse to replace both the SAR 2 Federal Energy Guidelines, a Western Star Propane, Inc., filed an and SAR 3 powerhouses. The U.S. Army commercially published loose leaf Application for Exception from the Corps of Engineers is building a new reporter system. Some decisions and Energy Information Administration flood control dam in the Santa Ana orders are available on the Office of requirement that it file Form EIA–782B, River Canyon below the SAR 1 and 2 Hearings and Appeals World Wide Web the ‘‘Resellers’/Retailers’ Monthly Project. The Seven Oaks Dam will site at http://www.oha.doe.gov. Petroleum Product Sales Report.’’ In inundate and destroy the SAR 2 Dated: November 26, 1997. considering Western’s request, the DOE found that the firm was not powerhouse and the SAR 3 flowline George B. Breznay, experiencing any type of hardship or rendering both projects inoperable. The Director, Office of Hearings and Appeals. licensee’s proposed construction would gross inequity. Accordingly, exception allow it to continue to operate the Decision List No. 34, Week of May 19 relief was denied. Through May 23, 1997 projects. Both projects are on the Santa Refund Application Ana River and its tributaries in San Appeal Bernardino County, California. Department of the Interior/Bureau of Bonita L. Haynes, 5/23/97, VFA–0290 Indian Affairs, 5/19/97, RF272– The final EA finds that the The DOE granted in part a Freedom of 74747 application to relocate project facilities Information Act (FOIA) Appeal filed by would not constitute a major federal Bonita L. Haynes. Haynes sought the The DOE approved an Application for action significantly affecting the quality release of two names withheld from a Refund filed by the Department of the of the human environment. The final EA memo released to her by the DOE’s Interior/Bureau of Indian Affairs in the was written by staff in the Office of Office of the Inspector General (IG). In Subpart V crude oil refund proceeding. The DOE determined that the claimed Hydropower Licensing, Federal Energy its decision, the DOE found that the IG’s volumes were not purchased through Regulatory Commission in cooperation withholding of one of the names was the Defense Logistics Agency (DLA) with the U.S. Department of appropriate under FOIA Exemptions 6 and 7(C). However, the DOE also found and, therefore, not covered by the Agriculture—Forest Service, San refund granted DLA in a separate case. Bernardino National Forest, Big Bear that the IG’s withholding of the other name was not appropriate under the Ranger District. Copies of the final EA Refund Applications justification furnished by the IG. can be obtained by calling the Accordingly, the matter was remanded The Office of Hearings and Appeals Commission’s Public Reference room at to the IG. issued the following Decisions and (202) 208–1371. Orders concerning refund applications, Linwood A. Watson, Jr., Requests for Exception which are not summarized. Copies of Acting Secretary. Greenville Automatic Gas Co., 5/22/97, the full texts of the Decisions and [FR Doc. 97–31980 Filed 12–5–97; 8:45 am] VEE–0043 Orders are available in the Public BILLING CODE 6717±01±M Greenville Automatic Gas Company Reference Room of the Office of filed an Application for Exception from Hearings and Appeals.

Name Case No. Date

Averitt Express ...... RG272±00105 5/22/97 B.F. Walker, Inc. et al ...... RF272±98728 5/22/97 Crude Oil Supplemental Refund Dist ...... RB272±00110 5/22/97 L.C. Kruse & Sons, Inc ...... RG272±00845 5/23/97 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64585

Name Case No. Date

Hart Well Drilling Co ...... RG272±00876 ...... P.Q. Corporation ...... RG272±00941 ...... Mrs. Annabelle Bressler et al ...... RK272±01328 5/19/97 Nortar, Inc. (F/K/A/ American Tar Co) ...... RC272±00364 5/23/97 Nortar, Inc ...... RK272±03941 ...... Pioneer Talc Co./Zemex ...... RK272±04426 5/23/97 Schaeffer Trucking, Inc ...... RG272±93 5/20/97 Township of Montclair et al ...... RF272±86026 5/19/97 Yvonne Van Pembrook et al ...... RK272±01753 5/19/97

Dismissals The following submissions were dismissed.

Name Case No.

Empire Drilling Company ...... RD272±65942 Emulsion Products ...... RD272±67919 Gardner Industries ...... RD272±67920 Honeywell, Inc ...... RD272±67216 Lock Joint Tube, Inc ...... RK272±4341 Morgan County, Missouri ...... RF272±86015 Nox-Crete, Inc ...... RR272±00101

[FR Doc. 97–32048 Filed 12–5–97; 8:45 am] Dated: November 26, 1997. information that fell within 10 CFR BILLING CODE 6450±01±P George B. Breznay, 710.8(k)(1). In reaching his conclusion, Director, Office of Hearings and Appeals. the Hearing Officer found that the individual had used methamphetamine Decision List No. 48 DEPARTMENT OF ENERGY and had not shown reformation. In Week of August 25 through August addition, the Hearing Officer found that Notice of Issuance of Decisions and 29, 1997 current inconsistencies in the Orders by the Office of Hearings and individual’s testimony support the Appeal Appeals; Week of August 25 Through charge that the individual is not being August 29, 1997 Burlin Mckinney, 8/28/97, VFA–0322 honest, reliable and trustworthy within The DOE granted in part and denied the meaning of 10 CFR 710.8(1). During the week of August 25 through in part an appeal of withholding of Refund Application August 29, 1997, the decisions and documents at DOE’s Y–12 plant in Oak orders summarized below were issued Ridge, Tennessee that relate to Vessels Gas Processing Co./Farmland with respect to appeals, applications, beryllium. The DOE found that the Industries, Inc., 8/27/97, RF354– petitions, or other requests filed with determination of DOE’s Oak Ridge 00009 the Office of Hearings and Appeals of Operations Office, that it could not The DOE issued a Decision and Order the Department of Energy. The justify the high costs and burdensome concerning an Application for Refund following summary also contains a list effort to review the records, was filed by Farmland Industries, Inc. of submissions that were dismissed by inadequate in light of the requirements (Farmland), an agricultural cooperative. the Office of Hearings and Appeals. of the Freedom of Information Act and the DOE regulations. The DOE therefore Farmland sought a portion of the Copies of the full text of these remanded the case to the Oak Ridge settlement fund obtained by the DOE decisions and orders are available in the Operations Office for a new through a Consent Order settlement Public Reference Room of the Office of determination releasing the documents with Vessels Gas Processing Co. The Hearings and Appeals, Room 1E–234, or explaining the basis for withholding DOE granted Farmland a total refund of Forrestal Building, 1000 Independence information with specific reference to $338,343 ($217,221 principal plus Avenue, S.W., Washington, D.C. 20585– one or more FOIA exemptions. $121,122 interest). 0107, Monday through Friday, between Refund Applications the hours of 1:00 p.m. and 5:00 p.m., Personnel Security Hearing except federal holidays. They are also Personnel Security Hearing, 8/29/97, The Office of Hearings and Appeals available in Energy Management: VSO–0147 issued the following Decisions and Federal Energy Guidelines, a An Office of Hearings and Appeals Orders concerning refund applications, commercially published loose leaf Hearing Officer issued an opinion which are not summarized. Copies of reporter system. Some decisions and against restoring the security clearance the full texts of the Decisions and orders are available on the Office of of an individual whose clearance had Orders are available in the Public Hearings and Appeals World Wide Web been suspended because the Department Reference Room of the Office of site at http://www.oha.doe.gov. of Energy had obtained derogatory Hearings and Appeals. 64586 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

Name Case No. Date

Cape Ann Tool Co. et al ...... RF272±94520 8/28/97 City of Orlando et al ...... RF272±76387 8/25/97 Farmer's Oil Co. of Outlook et al ...... RF272±94783 8/29/97 M.R. Paving & Excavating ...... RK272±04016 8/25/97 United Cooperative Assoc. et al ...... RK272±01507 8/29/97 Vessels Gas Processing Co./Williams Energy ...... RF354±00010 8/29/97

Dismissals The following submissions were dismissed.

Name Case No.

Farmers Elevator Co-op. Assn ...... RF272±98982 Five Star Moving & Storage ...... RK272±4503

[FR Doc. 97–32049 Filed 12–5–97; 8:45 am] conduct an adequate search for OSHA DOE concluded that if the document BILLING CODE 6450±01±P reports, award and incentive fee were located in a ‘‘Privacy Act system contracts at the Office of Scientific and of records’’ pursuant to the contractor’s Technical Information Building, and agreement with the DOE, the document DEPARTMENT OF ENERGY reports pertaining to itself that it would be subject to the Act, and a requested pursuant to the FOIA. The decision on the merits of Mr. Payne’s Notice of Issuance of Decisions and DOE determined that Oak Ridge had Appeal should be issued. The OHA, Orders by the Office of Hearings and performed an adequate search. therefore, remanded the matter to the Appeals; Week of August 18 Through Consequently, Curry’s Appeal was Director for a search of the Privacy Act August 22, 1997 denied. systems of records. During the week of August 18 through Information Focus on Energy, 8/19/97 Refund Application August 22, 1997, the decisions and VFA–0310 orders summarized below were issued Information Focus on Energy, Inc. Enron Corporation/, Amerigas Propane, with respect to appeals, applications, (IFE) appealed a determination by the Inc., RF340–23; Field & McGrady petitions, or other requests filed with Albuquerque Operations Office that Special, RF340–177; Larry’s Bottled the Office of Hearings and Appeals of partially denied IFE’s request for Gas Co., 8/21/97, RF340–71 the Department of Energy. The information. In considering the Appeal, The DOE granted an Application for following summary also contains a list the DOE ordered the Director to either refund filed on behalf of Field & of submissions that were dismissed by release names withheld pursuant to McGrady Special in the Enron the Office of Hearings and Appeals. Exemption 6 or provide a detailed Corporation special refund proceeding. Copies of the full text of these explanation for withholding any such The DOE found that Field & McGrady decisions and orders are available in the information. Thus, the DOE granted was the proper recipient of a refund Public Reference Room of the Office of IFE’s Appeal. based on petroleum purchases made by Hearings and Appeals, Room 1E–234, Los Alamos Study Group, 8/18/97 VFA– Val-Cap, Inc., a dissolved corporation. Forrestal Building, 1000 Independence 0316 The partners in Field & McGrady are the Avenue, SW, Washington, D.C. 20585– same people who were the shareholders The Los Alamos Study Group 0107, Monday through Friday, between of Val-Cap at the time of Val-Cap’s appealed a determination by the the hours of 1:00 p.m. and 5:00 p.m., dissolution. except federal holidays. They are also Albuquerque Operations Office (AO) available in Energy Management: that denied a request for information Refund Applications made under the Freedom of Information Federal Energy Guidelines, a The Office of Hearings and Appeals commercially published loose leaf Act (FOIA). In considering the Appeal, the DOE confirmed that the AO issued the following Decisions and reporter system. Some decisions and Orders concerning refund applications, orders are available on the Office of correctly determined that the records the LASG sought are neither ‘‘agency which are not summarized. Copies of Hearings and Appeals World Wide Web the full texts of the Decisions and site at http://www.oha.doe.gov. records’’ within the meaning of the FOIA nor subject to release under the Orders are available in the Public Dated: November 26, 1997. DOE regulations. Accordingly, the DOE Reference Room of the Office of George B. Breznay, denied the Appeal. Hearings and Appeals. Director, Office of Hearings and Appeals. William H. Payne, 8/18/97, VFA–0315 Name Case No. Date Decision List No. 47, Week of August 18 The Department of Energy granted in Through August 22, 1997 part a Privacy Act Appeal that was filed Northeast RK272±01486 8/21/97 by William H. Payne. The Director of Cooperatiave Appeals et al. the Freedom of Information and Privacy Curry Contracting Co., Inc., 8/18/97 Prince Bros., RK272±02259 8/21/97 Acts Division (the Director) had denied Inc. et al. VFA–0321 a request for amendment that Mr. Payne Curry Contracting Co., Inc., appealed filed pursuant to the Privacy Act Dismissals a determination issued to it by the Oak because the document that Mr. Payne Ridge Operations Office. In its Appeal, wished to amend is the property of a The following submissions were Curry asserted that Oak Ridge failed to DOE contractor. In the Decision, the dismissed. Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64587

Name Case No. explained and justified in its Name Case No. Date determination letter. Accordingly, the Consolidated Gas Supply RF340±198 Appeal was remanded to BPA and Lee FS Inc...... RG272±00178 .. 7/15/97 Corp. denied in all other aspects. Naknek Electric RJ272±45 ...... 7/16/97 Dallas Gas & Electric, Inc .. RF340±200 Assoc., Inc.. Four Winds Marine Serv- RF272±86058 Personnel Security Hearings ice, Inc. Personnel Security Hearing, 7/14/97, Dismissals Goodwill Industries of W. RK272±3405 VSO–0128 N.Y. Inc. The following submissions were Gulf Chartering & Marine RF272±74834 A Hearing Officer recommended that dismissed. Services, Ltd. access authorization be restored when it Personnel Security Hearing VSO±0158 was uncontested that the individual Name Case No. Public Service Company of RF340±199 used an illegal drug on one occasion. NC, Inc. The individual’s statements that she had Bethlehem Steel Corp...... RG272±00088 only used illegal drugs on one occasion VA Medical Center ...... RF272±90205 [FR Doc. 97–32050 Filed 12–5–97; 8:45 am] were corroborated by independent BILLING CODE 6450±01±P evidence. This evidence included the [FR Doc. 97–32051 Filed 12–5–97; 8:45 am] results of twenty-one random drug tests BILLING CODE 6450±01±P administered over a long period of time. DEPARTMENT OF ENERGY The Hearing Officer also found that it DEPARTMENT OF ENERGY Notice of Issuance of Decisions and was unlikely that the individual would Orders by the Office of Hearings and use illegal drugs again. Notice of Issuance of Decisions and Personnel Security Hearing, 7/16/97, Appeals; Week of July 14 Through July Orders by the Office of Hearings and VSO–0141 18, 1997 Appeals; Week of September 1 A Hearing Officer found that an Through September 5, 1997 During the week of July 14 through individual had successfully mitigated July 18, 1997, the decisions and orders security concerns arising from an During the week of September 1 summarized below were issued with allegation that the individual had through September 5, 1997, the respect to appeals, applications, molested his former foster child. decisions and orders summarized below petitions, or other requests filed with Accordingly, the Hearing Officer were issued with respect to appeals, the Office of Hearings and Appeals of recommended that the individual’s applications, petitions, or other requests the Department of Energy. The access authorization be restored. filed with the Office of Hearings and following summary also contains a list Appeals of the Department of Energy. of submissions that were dismissed by Petition for Special Redress The following summary also contains a the Office of Hearings and Appeals. Philip P. Kalodner, 7/16/97, VSG–0001 list of submissions that were dismissed Copies of the full text of these Philip P. Kalodner requested a ‘‘class by the Office of Hearings and Appeals. decisions and orders are available in the fee’’ for his participation in the agency’s Copies of the full text of these Public Reference Room of the Office of enforcement proceeding against decisions and orders are available in the Hearings and Appeals, Room 1E–234, Occidental Petroleum Corporation. The Public Reference Room of the Office of Forrestal Building, 1000 Independence DOE denied the request on the ground Hearings and Appeals, Room 1E–234, Avenue, SW, Washington, D.C. 20585– that the purported class, Subpart V Forrestal Building, 1000 Independence 0107, Monday through Friday, between claimants, had no cause of action or Avenue, SW, Washington, D.C. 20585– the hours of 1:00 p.m. and 5:00 p.m., right of intervention with respect to an 0107, Monday through Friday, between except federal holidays. They are also agency enforcement proceeding. The the hours of 1:00 p.m. and 5:00 p.m., available in Energy Management: DOE rejected Mr. Kalodner’s contention except federal holidays. They are also Federal Energy Guidelines, a that provisions in subparts O and V of available in Energy Management: commercially published loose leaf the DOE procedural regulations Federal Energy Guidelines, a reporter system. Some decisions and authorized the requested fee. Finally, commercially published loose leaf orders are available on the Office of the DOE rejected Mr. Kalodner’s reporter system. Some decisions and Hearings and Appeals World Wide Web arguments based upon fairness. orders are available on the Office of site at http://www.oha.doe.gov. Hearings and Appeals World Wide Web Refund Applications Dated: November 26, 1997. site at http://www.oha.doe.gov. The Office of Hearings and Appeals George B. Breznay, Dated: November 26, 1997. issued the following Decisions and George B. Breznay, Director, Office of Hearings and Appeals. Orders concerning refund applications, Director, Office of Hearings and Appeals. Decision List No. 42, Week of July 14 which are not summarized. Copies of Through July 18, 1997 the full texts of the Decisions and Decision List No. 49, Week of Appeal Orders are available in the Public September 1 Through September 5, Reference Room of the Office of 1997 Tri-State Drilling, Inc., 7/18/97, VFA– Hearings and Appeals. 0304 Appeal The DOE’s Office of Hearings and Name Case No. Date Hanford Advisory Board, 9/2/97, VFA– Appeals granted in part a Freedom of 0323 Information Act Appeal filed by Tri- Crude Oil Sup- RB272±00114 .. 7/18/97 The Hanford Advisory Board filed an State Drilling, Inc. Tri-State sought the ple Refund. Appeal of a Determination issued to it Enron Corpora- RF340±203 ...... 7/16/97 release of unsuccessful bids for a tion/XCEL in response to a request under the specific contract that the Bonneville Products Co., Freedom of Information Act (FOIA). The Power Administration (BPA) withheld Inc.,. Appellant had asked for portions of a in their entirety. The DOE found that Jim's Electrical RK272±04455 .. 7/18/97 proposal made by Fluor Daniel Hanford BPA’s withholding was not sufficiently Service et al. (FDH). In its Determination, the 64588 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

Richland Operations Office (ROO) Name Case No. Order Copies. To order paper copies denied the request pursuant to of this report, please call the U.S. Exemption 3 of the FOIA and the Buesing Corporation ...... RK272±03411 Environmental Protection Agency’s National Defense Authorization Act of Towle Manufacturing Com- RK272±4144 (EPA) RCRA, Superfund, OUST & 1997 (NDAA), which generally prohibits pany. EPCRA Hotline at (800) 424–9346 or DC the release of proposals. The DOE found Area Local (703) 412–9810 or TDD (800) [FR Doc. 97–32052 Filed 12–5–97; 8:45 am] that the NDAA applied to a proposal 553–7672 or TDD DC Area Local (703) that was issued prior to the effective BILLING CODE 6450±01±P 412–3323 Monday through Friday date of the statute. The DOE also found between 9 a.m. and 6 p.m. EST. that the requested proposal did not meet Docket. This document is available at the requirements of the NDAA’s ENVIRONMENTAL PROTECTION three OSWER dockets: exception to non-disclosure for AGENCY proposals set forth or incorporated by [FRL±5932±8] (1) The UST Docket is open to the reference into the final contract. general public by appointment only However, because it appeared that the Use of Monitored Natural Attenuation between the hours of 9 a.m. and 4 p.m. DOE had released information from the at Superfund, RCRA Corrective Action, EST Monday through Friday. No proposal in news conferences and press and Underground Storage Tank Sites; security clearance is necessary. Visitors releases, the agency had waived OSWER Directive 9200.4±17; Interim may make photocopies of documents. Exemption 3 protection as to that Final The street address is: Office of information. Accordingly, the Appeal Underground Storage Tanks Docket, AGENCY: was granted and the case was remanded Environmental Protection 1235 Jefferson Davis Highway, 13th to the ROO for further action. Agency (EPA). Floor, Arlington, VA 22202. Telephone ACTION: Notice of availability. Refund Application numbers are (703) 603–9231 (voice SUMMARY: This Directive clarifies the mail) and (703) 603–9163 (fax). Pillsbury Company, RC272–97810; U.S. Environmental Protection Agency’s Seneca Foods Corporation, 9/5/97, (2) The RCRA Docket is located in the (EPA) policy regarding the use of RK272–4055 RCRA Information Center (RIC). The RIC Monitored Natural Attenuation for the is open to the public from 9 a.m. to 4 The DOE rescinded a refund to one remediation of contaminated soil and p.m., Monday through Friday, however, company and denied a Supplemental groundwater at sites regulated under it is recommended that visitors call Refund to a another company in the Office of Solid Waste and Emergency ahead to make an appointment so that crude oil refund proceeding. Pillsbury Response (OSWER) programs. These Company (Pillsbury) had received a the material they wish to view is ready include programs administered under crude oil refund based on the purchases when they arrive. Patrons may call for the Comprehensive Environmental by its affiliate, the Green Giant Co. assistance at (703) 603–9230, send a fax Response, Compensation, and Liability (Green Giant). Later, the DOE found that to (703) 603–9234, or send an E-mail to Act (CERCLA or ‘‘Superfund’’), the another affiliate of Pillsbury, Burger [email protected]. Patrons Resource Conservation and Recovery King Corporation (BK), had received a may write to: RCRA Information Center Act (RCRA), the Office of Underground refund from the Surface Transporters (5305W), U.S. Environmental Protection Storage Tanks (OUST), and the Federal Escrow in the Stripper Well refund Agency, 401 M Street, SW, Washington, Facilities Restoration and Reuse Office proceedings. By filing the Stripper Well DC 20460. The RIC is located at 1235 proceeding, BK waived Pillsbury’s right (FFRRO). The Directive is intended to Jefferson Davis Highway, Ground Level, to receive any refund in the crude oil promote consistency in how monitored Arlington, VA 22202. natural attenuation remedies are refund proceeding. Accordingly, (3) The Superfund Docket is open to proposed, evaluated, and approved. As Pillsbury’s crude oil refund was the general public by appointment only a policy document, it does not provide rescinded. The DOE rejected Pillsbury’s between the hours of 9 a.m. to 4 p.m. technical guidance on evaluating argument that because Seneca Foods Monday through Friday. No clearance is Monitored Natural Attenuation Corporation had assumed the liabilities necessary and requestors of documents of Green Giant when it purchased its remedies. This Directive is being issued as Interim Final and may be used must make their own photocopies. assets, Seneca should be required to There is no photocopying charge for repay the refund. immediately. It provides guidance to EPA staff, to the public, and to the documents less than 266 pages in Refund Applications regulated community on how EPA length. The street address of the Superfund Docket/Document The Office of Hearings and Appeals intends to exercise its discretion in implementing national policy on the use Information Center is 1235 Jefferson issued the following Decisions and Davis Highway, Ground Level, Orders concerning refund applications, of Monitored Natural Attenuation. The document does not, however, substitute Arlington, VA 22202. The telephone which are not summarized. Copies of numbers are (703) 603–9232 and (703) the full texts of the Decisions and for EPA’s statutes or regulations, nor is it a regulation itself and, thus, it does 603–9240 (fax). The E-mail address is: Orders are available in the Public [email protected]. Reference Room of the Office of not impose legally-binding requirements Hearings and Appeals. on EPA, States, or the regulated FOR FURTHER INFORMATION CONTACT: For community, and may not apply to a further information on the OSWER Name Case No. Date particular situation based upon the Monitored Natural Attenuation circumstances. EPA may change this Directive Workgroup and the Interim Rollings Farms et RK272±02995 9/5/97 guidance in the future, as appropriate. Final Directive, contact Hal White, via al. ADDRESSES: E-mail at [email protected], Electronic Access. This document can telephone at (703) 603–7177, fax at (703) Dismissals be accessed in electronic form through 603–9163, or via U.S. Mail to US EPA The following submissions were the Internet (at http://www.epa.gov/ (5403G), 401 M Street, SW, Washington dismissed. swerust1/directiv/d9200417.htm). DC 20460. Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64589

SUPPLEMENTARY INFORMATION: EPA will and regulations to become a bank The applications listed below, as well review and evaluate additional holding company and/or to acquire the as other related filings required by the comments received on this Interim Final assets or the ownership of, control of, or Board, are available for immediate Directive prior to its release as ‘‘Final’’ the power to vote shares of a bank or inspection at the Federal Reserve Bank guidance. bank holding company and all of the indicated. The application also will be banks and nonbanking companies available for inspection at the offices of Dated: November 17, 1997. owned by the bank holding company, the Board of Governors. Interested Anna Hopkins Virbick, including the companies listed below. persons may express their views in Director, Office of Underground Storage The applications listed below, as well writing on the standards enumerated in Tanks. as other related filings required by the the BHC Act (12 U.S.C. 1842(c)). If the [FR Doc. 97–32044 Filed 12–5–97; 8:45 am] Board, are available for immediate proposal also involves the acquisition of BILLING CODE 6560±50±P inspection at the Federal Reserve Bank a nonbanking company, the review also indicated. The application also will be includes whether the acquisition of the available for inspection at the offices of nonbanking company complies with the FEDERAL RESERVE SYSTEM the Board of Governors. Interested standards in section 4 of the BHC Act. persons may express their views in Unless otherwise noted, nonbanking Change in Bank Control Notices; writing on the standards enumerated in activities will be conducted throughout Acquisitions of Shares of Banks or the BHC Act (12 U.S.C. 1842(c)). If the the United States. Bank Holding Companies proposal also involves the acquisition of Unless otherwise noted, comments a nonbanking company, the review also regarding each of these applications The notificants listed below have includes whether the acquisition of the must be received at the Reserve Bank applied under the Change in Bank nonbanking company complies with the indicated or the offices of the Board of Control Act (12 U.S.C. 1817(j)) and § standards in section 4 of the BHC Act. Governors not later than January 2, 225.41 of the Board’s Regulation Y (12 Unless otherwise noted, nonbanking 1998. CFR 225.41) to acquire a bank or bank activities will be conducted throughout A. Federal Reserve Bank of New holding company. The factors that are the United States. York (Betsy Buttrill White, Senior Vice considered in acting on the notices are President) 33 Liberty Street, New York, set forth in paragraph 7 of the Act (12 Unless otherwise noted, comments New York 10045-0001: U.S.C. 1817(j)(7)). regarding each of these applications The notices are available for must be received at the Reserve Bank 1. First Empire State Corporation, and immediate inspection at the Federal indicated or the offices of the Board of Olympia Financial Corp., both of Reserve Bank indicated. The notices Governors not later than December 31, Buffalo, New York; to acquire up to 19.9 also will be available for inspection at 1997. percent of the voting shares of the offices of the Board of Governors. A. Federal Reserve Bank of Cleveland OnBancorp, Inc., Syracuse, New York, Interested persons may express their (Jeffery Hirsch, Banking Supervisor) and thereby indirectly acquire OnBank views in writing to the Reserve Bank 1455 East Sixth Street, Cleveland, Ohio & Trust Co., Syracuse, New York. indicated for that notice or to the offices 44101-2566: Olympia Financial Corp., also has of the Board of Governors. Comments 1. Mellon Bank Corporation, applied to become a bank holding must be received not later than Pittsburgh, Pennsylvania; to merge with company and to acquire Manufactures December 22, 1997. United Bankshares, Inc., Miami, Florida, and Traders Trust Company, Buffalo, A. Federal Reserve Bank of St. Louis and thereby indirectly acquire United New York. (Randall C. Sumner, Vice President) 411 National Bank, Miami, Florida. In connection with these applications, Applicants also have applied to acquire Locust Street, St. Louis, Missouri 63102- Board of Governors of the Federal Reserve 2034: System, December 2, 1997. Franklyn First Savings Bank, Wilkes- Barre, Pennsylvania, and thereby engage 1. John Ryburn Stipe, Forrest City, William W. Wiles, Arkansas; to acquire additional voting in operating a savings association, Secretary of the Board. pursuant to § 225.28(b)(4)(ii) of the shares of Forrest City Financial [FR Doc. 97–31947 Filed 12–5–97; 8:45 am] Corporation, Forrest City, Arkansas, and Board’s Regulation Y. BILLING CODE 6210±01±F thereby indirectly acquire Forrest City B. Federal Reserve Bank of Atlanta Bank, N.A., Forrest City, Arkansas. (Lois Berthaume, Vice President) 104 Marietta Street, N.W., Atlanta, Georgia Board of Governors of the Federal Reserve FEDERAL RESERVE SYSTEM 30303-2713: System, December 2, 1997. 1. Firstrust Corporation, New Orleans, William W. Wiles, Formations of, Acquisitions by, and Mergers of Bank Holding Companies Louisiana; to acquire 86.39 percent of Secretary of the Board. the voting shares of Peoples Bank of [FR Doc. 97–31949 Filed 12–5–97; 8:45 am] The companies listed in this notice Louisiana, Amite, Louisiana. BILLING CODE 6210±01±F have applied to the Board for approval, C. Federal Reserve Bank of Chicago pursuant to the Bank Holding Company (Philip Jackson, Applications Officer) Act of 1956 (12 U.S.C. 1841 et seq.) 230 South LaSalle Street, Chicago, FEDERAL RESERVE SYSTEM (BHC Act), Regulation Y (12 CFR Part Illinois 60690-1413: Formations of, Acquisitions by, and 225), and all other applicable statutes 1. Gifford Bancorp, Inc. Employee Mergers of Bank Holding Companies and regulations to become a bank Stock Ownership Plan, Gifford, Illinois; holding company and/or to acquire the to acquire 48.8 percent of the voting The companies listed in this notice assets or the ownership of, control of, or shares of Gifford Bancorp, Inc., Gifford, have applied to the Board for approval, the power to vote shares of a bank or Illinois, and thereby indirectly acquire pursuant to the Bank Holding Company bank holding company and all of the Gifford State Bank, Gifford, Illinois. Act of 1956 (12 U.S.C. 1841 et seq.) banks and nonbanking companies D. Federal Reserve Bank of San (BHC Act), Regulation Y (12 CFR Part owned by the bank holding company, Francisco (Pat Marshall, Manager of 225), and all other applicable statutes including the companies listed below. Analytical Support, Consumer 64590 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

Regulation Group) 101 Market Street, Board of Governors of the Federal Reserve 130, Sixth Street and Pennsylvania San Francisco, California 94105-1579: System, December 2, 1997. Avenue, N.W., Washington, DC 20580, 1. First Security Corporation, Salt William W. Wiles, either in person or by calling (202) 326– Lake City, Utah; to merge with Rio Secretary of the Board. 3627. Public comment is invited. Such Grande Bancshares, Inc., Las Cruces, [FR Doc. 97–31948 Filed 12–5–97; 8:45 am] comments or views will be considered New Mexico, and thereby indirectly BILLING CODE 6210±01±F by the Commission and will be available acquire First National Bank of Dona Ana for inspection and copying at its County, Las Cruces, New Mexico, and principal office in accordance with First National Bank of Chaves County, FEDERAL TRADE COMMISSION Section 4.9(b)(6)(ii) of the Commission’s Roswell, New Mexico. Rules of Practice (16 CFR 4.9(b)(6)(ii)). [File No. 971±0105] Board of Governors of the Federal Reserve Analysis of Proposed Consent Order to System, December 3, 1997. The Dow Chemical Company; Analysis Aid Public Comment Jennifer J. Johnson, To Aid Public Comment The Federal Trade Commission Deputy Secretary of the Board. AGENCY: Federal Trade Commission. (‘‘Commission’’) has accepted, subject to [FR Doc. 97–32055 Filed 12-5-97; 8:45 am] final approval, an Agreement ACTION: Proposed consent agreement. BILLING CODE 6210-01-F Containing Consent Order SUMMARY: The consent agreement in this (‘‘Agreement’’) from The Dow Chemical Company. FEDERAL RESERVE SYSTEM matter settles alleged violations of federal law prohibiting unfair or The proposed Order has been placed Notice of Proposals To Engage in deceptive acts or practices or unfair on the public record for sixty (60) days Permissible Nonbanking Activities or methods of competition. The attached for reception of comments by interested To Acquire Companies That are Analysis to Aid Public Comment persons. Comments received during this Engaged in Permissible Nonbanking describes both the allegations in the period will become part of the public Activities draft complaint that accompanies the record. After sixty (60) days, the consent agreement and the terms of the Commission will again review the The companies listed in this notice consent order—embodied in the consent Agreement and the comments received have given notice under section 4 of the agreement—that would settle these and will decide whether it should Bank Holding Company Act (12 U.S.C. allegations. withdraw from the Agreement or make final the Agreement’s proposed Order. 1843) (BHC Act) and Regulation Y, (12 DATES: Comments must be received on The Dow Chemical Company, a CFR Part 225) to engage de novo, or to or before February 6, 1998. acquire or control voting securities or Midland, Michigan based company and ADDRESSES: Comments should be assets of a company that engages either producer of chemicals, plastics, and directed to: FTC/Office of the Secretary, directly or through a subsidiary or other agricultural and consumer products, Room 159, 6th St. & Pennsylvania Ave., company, in a nonbanking activity that announced on August 5, 1997, a cash N.W., Washington, DC 20580. is listed in § 225.28 of Regulation Y (12 tender offer to acquire all of the share CFR 225.28) or that the Board has FOR FURTHER INFORMATION CONTACT: of Sentrachem Limited, a South African determined by Order to be closely William Baer, Federal Trade chemical company that operates in the related to banking and permissible for Commission, 6th & Pennsylvania Ave., U.S. through its wholly-owned bank holding companies. Unless N.W., H–374, Washington, DC 20580. subsidiary, Hampshire Chemical otherwise noted, these activities will be (202) 326–2932, or Howard Morse, Company, Hampshire and Dow, through conducted throughout the United States. Federal Trade Commission, 6th & its Chemical Division, produce Each notice is available for inspection Pennsylvania Ave., N.W., S–3627, aminopolycarboxylic chelating agents, at the Federal Reserve Bank indicated. Washington, DC 20580. (202) 326–2949. also known as chelants. Hampshire The notice also will be available for SUPPLEMENTARY INFORMATION: Pursuant produces chelants in Nashua, New inspection at the offices of the Board of to Section 6(f) of the Federal Trade Hampshire and Deer Park, Texas, and Governors. Interested persons may Commission Act, 38 Stat. 721, 15 U.S.C. chelant intermediates in Lima, Ohio. express their views in writing on the 46, and Section 2.34 of the Dow produces chelants in Freeport, question whether the proposal complies Commission’s Rules of Practice (16 CFR Texas. with the standards of section 4 of the 2.34), notice is hereby given that the The proposed administrative BHC Act. above-captioned consent agreement complaint alleges that the proposed Unless otherwise noted, comments containing a consent order to cease and acquisition may substantially lessen regarding the applications must be desist, having been filed with and competition in the research, received at the Reserve Bank indicated accepted, subject to final approval, by development, manufacture, and sale of or the offices of the Board of Governors the Commission, has been placed on the chelants, which are chemicals used in not later than December 31, 1997. public record for a period of sixty (60) cleaners, pulp and paper, water A. Federal Reserve Bank of St. Louis days. The following Analysis to Aid treatment, photography, agriculture, and (Randall C. Sumner, Vice President) 411 Public Comment describes the terms of food and pharmaceutical applications to Locust Street, St. Louis, Missouri 63102- the consent agreement, and the neutralize and inactivate metal ions. 2034: allegations in the accompanying The proposed complaint alleges that the 1. Bank of the Ozarks, Little Rock, complaint. An electronic copy of the United States is the relevant geographic Arkansas; to acquire Heritage Banc full text of the consent agreement market for evaluating the acquisition’s Holding, Inc., Little Rock, Arkansas, and package can be obtained from the effect on chelants because the shipping thereby indirectly acquire HEARTLAND Commission Actions section of the FTC costs of chelants, which are sold mostly Community Bank, F.S.B., Little Rock, Home Page (for November 28, 1997), on in a liquid solution, are high and there Arkansas, and thereby engage in the the World Wide Web, at ‘‘http:// are too many uncertainties and delays operation of a savings association, www.ftc.gov/os/actions97.htm.’’ A inherent in long distance shipping. pursuant to § 225.28(b)(4)(ii) of the paper copy can be obtained from the The proposed complaint alleges that Board’s Regulation Y. FTC Public Reference Room, Room H– Hampshire and Dow are the two leading Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64591 of only three producers of chelants in addition to the Hampshire Chelant debts with ongoing cooperation of states the United States, with a combined Business, includes other Hampshire and local child support agencies. market share of over 70 percent. With businesses and Hampshire facilities at The Omnibus Budget Reconciliation only one competitor, the acquisition Nashua, New Hampshire and Deer Park, Act of 1990 (Pub. L. 101–508) signed by would likely lead to an unilateral price Texas. The proposed Order requires the President in November 1990, increase, 1992 Horizontal Merger Dow to maintain the viability and expanded the Program to include a Guidelines § 2.22. marketability of the Hampshire Business Entry into the chelant market would Unit in the interim. This crown jewel provision for non-AFDC cases. not be timely, likely, or sufficient to provision provides an incentive for In 1996 the Debt Collection deter or offset the adverse effects of the realizing the additional chelant capacity Improvement Act (Pub. L. 104–134) acquisition on competition because a at the Lima, Ohio facility in a timely further expanded the program to new entrant would have to build both manner. The crown jewel also ensures increase the collection of nontax debts a chelant production plant and a plant that the Order will result in effective owed to the Federal Government and to to produce hydrogen cyanide (‘‘HCN’’), relief by requiring a divestiture of all of assist families in collecting past-due a key input in the production of Hampshire in the event that any child support. It required the chelants, which would take over two Milestone is not achieved. development and implementation of years and entail large fixed, and mostly The proposed Order requires Dow to procedures necessary to collect past-due sunk, costs. In order to recoup its toll manufacture chelants for Akzo from support by administrative offset by investment, a new entrant would need Hampshire’s Nashua and Deer Park agencies. As a result, this program is to obtain a market share at least as large facilities while Akzo builds additional now known as the Tax Refund and as that held by any of the current chelant capacity at Lima. The proposed Administrative Offset Program (TROP/ domestic producers, which would be Order also contains a firewall provision ADOP). difficult because of the significant that requires Dow to maintain the amount of chelant sales that are subject confidentiality of the Hampshire Purpose: Pursuant to Public Laws 97– to long term supply agreements. Chelant Business form Dow’s 35 enacted by Congress on August 13, The proposed Order would remedy Competing Chelant Business. 1981, Pub. L. 101–508 signed by the the alleged violation by preserving the The purpose of this analysis is to President in November 1990 and Pub. L. competition that would otherwise be facilitate public comment on the 104–134 enacted into law on April 26, lost as a result of Dow’s acquisition. The proposed Order. This analysis is not 1996, the Debt Collection Improvement proposed Order requires Dow, intended to constitute an official Act of 1996, and pursuant to the simultaneously with its acquisition of interpretation of the Agreement or the Executive Order 13019 dated September Sentrachem, to divest Hampshire’s proposed Order or in any way to modify 28, 1996, the OCSE will match the tax Chelant Business to Akzo Nobel N.V., a the terms of the Agreement of the refund records against Federal payment Dutch chemical company that is a proposed Order. certification records and Federal leading European producer of chelants Donald S. Clark, financial assistance records. The with strong chelant technology. Dow Secretary. purpose is to facilitate the collection of must divest, among other things, all [FR Doc. 97–32033 Filed 12–5–97; 8:45 am] delinquent child support obligations rights of Hampshire relating to the BILLING CODE 6750±01±M from persons who may be entitled or research, development and manufacture eligible to receive certain Federal of chelants in the United States and the payments or Federal assistance. State distribution and sale of chelants in North America, including Hampshire’s DEPARTMENT OF HEALTH AND child support agencies submit cases of Lima, Ohio facility and its contract for HUMAN SERVICES delinquent child support claims to the the supply of HCN at Lima. Once it OCSE for submission to the Financial Administration for Children and acquires the Hampshire Chelant Management Service (FMS). These cases Families Business, Akzo will build additional are sent by on-line dial-up access via personal computer, tape and cartridge chelant capacity at the Lima, Ohio Submission for OMB Review; via mail, Mitron tape, file transfer, or facility, which will curtail the need for Comment Request inefficient, hazardous HCN shipments electronic data transmission. The Office from the site. Title: 45 CFR Part 303.72—Request for of Child Support Enforcement serves as The proposed Order sets certain collection of past-due support by a conduit between state child support Milestones that must be met to Federal tax refund offset and enforcement agencies and the FMS by accomplish the construction of the administrative offset. processing weekly updates of collection additional chelant capacity at Lima. The OMB No.: 0970–0161. data and distributing the information Milestones include the submission of Description: The Office of Child back to the appropriate State child complete permits for the additional Support Enforcement (OCSE) operates support agency. The information will be capacity within one year after the Order the Tax refund offset TROP. The TROP disclosed by OCSE to state child becomes final, and the installation of was enacted by Congress on August 13, support agencies for use in the the structural steel within one year after 1981 (Pub. L. 97–35, section 2331). This collection of child support debts, the additional capacity is permitted. In is a computerized system operated by through locate action wage withholding the event any of the Milestones has not the Office of Child Support Enforcement or other enforcement actions. been achieved, Dow must reacquire the (OCSE) within the Administration for Respondents: State, District of Hampshire Chelant Business from Akzo. Children and Families (ACF) of the U.S. The proposed Order further requires Department of Health and Human Columbia, Guam, Puerto Rico, and that upon its reacquisition of the Services (HHS) and State child support Virgin Islands Governments. business, Dow or a trustee will divest agencies. The TROP was established to Respondents: State and local the Hampshire Business Unit, which, in recover delinquent AFDC child support governments. 64592 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

ANNUAL BURDEN ESTIMATES

Average Number of burden Instrument Number of responses hours per Total bur- respondents per re- response den hours spondent (minutes)

Sub/test tape & Data Spec ...... 1,744 52 5 7,557.3 Sub/test tape & Data Spec ...... 54 52 5 234 Withdrawal notice ...... 1,744 5 2 291 Pre-offset notice ...... 54 87,075 2 15,673.5 Case Cert ...... 54 52 3 140.4 Payment Infor ...... 26 1 10 4.3 Local office contact phone address ...... 1,744 1 30 872 Request for update ...... 54 52 5 234 Federal Tax Offset contact ...... 54 1 2 1.8 Update Spec ...... 54 1 2 1.8 Issuance of pre-offset notice ...... 54 1 2 1.8 Contact point for OCSE Pre-offset notice ...... 30 1 1 0.9 Non-TANF Tax Refund Offset Information ...... 1,744 40,735 10 6,789.2 Offset notice address/phone number change ...... 54 1 10 9.0 Personal computer data ...... 54 1 5 4.5 Notice of intention ...... 25 1 2 0.8

Estimated Total Annual Burden and Delegations of Authority of the matters related to child welfare, Hours: 31,816.3. Department of Health and Human including child abuse and neglect, child Additional Information: Copies of the Services, Administration for Children protective services, family preservation proposed collection may be obtained by and Families (ACF) as follows: Chapter and support, adoption, foster care and writing to The Administration for KB, Administration on Children, Youth independent living. It recommends Children and Families, Office of and Families (ACYF) (61 FR 50028), as legislative and budgetary proposals, Information Services, Division of last amended September 24, 1996. This operational planning system objectives Information Resource Management Notice consolidates the child abuse and and initiatives, and projects and issue Services, 370 L’Enfant Promenade, S.W., neglect functions within the Children’s areas for evaluation, research and Washington, D.C. 20447, Attn: ACF Bureau. demonstration activities. It represent Reports Clearance Officer. I. Amend Chapter KB as follows: ACYF in initiating and implementing OMB Comment: OMB is required to KB.10 Organization. Delete in its interagency activities and projects make a decision concerning the entirety and replace with the following: affecting children and families, and collection of information between 30 KB.10 Organization. The provides leadership and coordination and 60 days after publication of this Administration on Children, Youth and for the programs, activities, and document in the Federal Register. Families is headed by a Commissioner subordinate components of the Bureau. Therefore, a comment is best assured of who reports directly to the Assistant 1. Office on Child Abuse and Neglect having its full effect if OMB receives it Secretary for Children and Families and provides leadership and direction on within 30 days of publication. Written consists of: the issues of child maltreatment and the comments and recommendations for the Office of the Commissioner (KBA) prevention of abuse and neglect under proposed information collection should Division of Program Evaluation (KBB) the Child Abuse Prevention and be sent directly to the following: Office Head Start Bureau (KBC) Treatment Act (CAPTA). It is the focal of Management and Budget, Paperwork Program Operations Division (KBC1) point for interagency collaborative Reduction Project, 725 17th Street, Program Support Division (KBC2) efforts, national conferences and special N.W., Washington, D.C. 20503, Attn: Children’s Bureau (KBD) initiatives related to child abuse and Ms. Wendy Taylor. Office of Child Abuse and Neglect neglect, and for coordinating activities (KBD1) related to the prevention of abuse and Dated: December 1, 1997. Division of Policy (KBD2) neglect and the protection of children Bob Sargis, Division of Program Implementation at-risk. It supports activities to build Acting Reports Clearance Officer. (KBD3) networks of community-based, [FR Doc. 97–32054 Filed 12–5–97; 8:45 am] Division of Data, Research and prevention-focused family resource and BILLING CODE 4184±01±M Innovation (KBD4) support programs through the Division of Child Welfare Capacity Community-Based Family Resource and Building (KBD5) Support Program. It supports DEPARTMENT OF HEALTH AND Family and Youth Services Bureau improvement in the systems which HUMAN SERVICES (KBE) handle child abuse and neglect cases, Child Care Bureau (KBG) particularly child sexual abuse and Administration for Children and Program Operations Division (KBG1) exploitation and maltreatment related Families Policy Division (KBG2) fatalities, and improvement in the Administration on Children, Youth and II. Delete paragraph D in its entirety investigation and prosecution of these Families; Statement of Organization, and replace with the following: cases through the Children’s Justice Act. Function, and Delegations of Authority D. The Children’s bureau is headed by 2. Division of Policy provides an Associate Commissioner who advises leadership and direction in policy This Notice amends Part K of the the Commissioner, Administration on development and interpretation under Statement of Organization, Functions Children, Youth and Families, on titles IV–B and IV–E of the Social Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64593

Security Act, and the Basic State Grant others on data collection issues, and certification of mammography facilities, under the Child Abuse Prevention and performance and outcome measures; which is scheduled to begin on July 1, Treatment Act. It writes regulations and and is the focal point for technology 1998. Participation in the program is interprets policy for the Bureau’s development within the Bureau. voluntary, and will be limited to a few formula and entitlement grant programs, 5. Division of Child Welfare Capacity qualified States to be selected by FDA. and responds to requests for policy Building provides leadership and Date and Time: The meeting will be clarification from ACF Regional Offices direction in the areas of training, held on December 15, 1997, 11:30 a.m. and a variety of other sources. technical assistance and information to 4 p.m. Completed ‘‘Application 3. Division of Program dissemination under titles IV–B and IV– Packages for Participation in the States Implementation provides leadership E of the Social Security Act, and under as Certifiers Demonstration Project’’ and direction in the operation and the Child Abuse Prevention and must be submitted to FDA by February review of programs under titles IV–B Treatment Act. Either directly or 16, 1998. and IV–E of the Social Security Act, and through the Resource Centers, it Location: The meeting will be held at the Basic State Grant under the Child provides training and technical 16071 Industrial Dr., Gaithersburg, MD Abuse Prevention and Treatment Act. It assistance to assist service providers, 20877. develops program instructions, State and local governments and tribes, Contact Person: Miguel R. Kamat, information memoranda, and annual and strengthen headquarters and Center for Devices and Radiological reports. It analyzes State Plans and regional office staff. It manages section Health (HFZ–240), 1350 Piccard Dr., develops State profiles and other 426 discretionary training grants and Rockville, MD 20850, 301–827–2968. reports; participates in monitoring and title IV–E training. It directs the Registration: Registration for this reviewing State information systems to operations and activities of the National ensure the accuracy and relevancy of meeting is not required. Center on Child Abuse and Neglect Electronic Access: Persons interested the data. It is responsible for the Information Clearinghouse and the in obtaining a copy of the application Monitoring Team, which schedules and National Adoption Information package may do so by using the World coordinates the monitoring of State Clearinghouse. It identifies best reviews and ensures effective corrective Wide Web (WWW). The Center for practices for treating troubled families Devices and Radiological Health (CDRH) action if necessary. It works with and preventing abuse and neglect. It appropriate other agencies and maintains an entry on the WWW for participates in the development of grant easy access to information including organizations on the implementation announcements, and manages certain and oversight of relevant sections of the text, graphics, and files that may be discretionary grant projects. It develops downloaded to a PC with access to the Indian Child Welfare Act. It is the focal and issues a periodic newsletter, and is point for financial issues, including WWW. Updated on a regular basis, the the focal point for conference and CDRH home page includes the disallowances, appeals, and the meeting planning activities for the decisions of the Departmental Appeals ‘‘Application Package for Participation Bureau. in the States as Certifiers Demonstration Board (DAB). It responds to client and III. Delete Paragraph F in its entirety. constituent correspondence received Project.’’ Dated: November 25, 1997. electronically and from a variety of The CDRH home page may be sources. Donna E. Shalala, accessed at http://www.fda.gov/cdrh. 4. Division of Data, Research and Secretary. The ‘‘Application Package for Innovation provides leadership and [FR Doc. 97–31964 Filed 12–5–97; 8:45 am] Participation in the States as Certifiers direction in program development, BILLING CODE 4184±01±M Demonstration Project’’ will be available innovation, research and in the at http://www.fda.gov/cdrh/ management of the Bureau’s dmqrp.html. information systems under titles IV–B DEPARTMENT OF HEALTH AND Dated: November 28, 1997. HUMAN SERVICES and IV–E of the Social Security Act, and D. B. Burlington, under the Child Abuse Prevention and Food and Drug Administration Director, Center for Devices and Radiological Treatment Act. It defines critical issues Health. for investigation and makes Mammography Quality; States as [FR Doc. 97–32082 Filed 12–5–97; 8:45 am] recommendations regarding subject Certifiers Demonstration Project, BILLING CODE 4160±01±F areas for research, demonstration and Informational Conference; Availability evaluation. It administers the Bureau’s of the ``Application Package for discretionary grant programs, and Participation in the States as Certifiers DEPARTMENT OF HEALTH AND awards project grants to State and local Demonstration Project;'' Notice of HUMAN SERVICES agencies and organizations nationwide. Meeting It provides direction to the Crisis Food and Drug Administration Nurseries and Abandoned Infants AGENCY: Food and Drug Administration, [Docket No. 95N±0329] Resource Centers. It is responsible for HHS. the Data and Technology Team which ACTION: Notice. Agency Information Collection analyzes and disseminates program data Activities; Announcement of OMB from the Adoption and Foster Care The Food and Drug Administration Approval Analysis and Reporting System (FDA) is announcing the following AGENCY: Food and Drug Administration, (AFCARS), and the National Child meeting: ‘‘Mammography Quality, Abuse and Neglect Data System States as Certifiers Demonstration HHS. ACTION: Notice. (NCANDS); develops systematic Project, Informational Conference.’’ FDA methods of measuring the impact and is also announcing the availability of the SUMMARY: The Food and Drug effectiveness of various child welfare ‘‘Application Package for Participation Administration (FDA) is announcing programs; performs statistical sampling in the States as Certifiers Demonstration that a collection of information entitled functions; provides comprehensive Project.’’ FDA is planning to implement ‘‘Changes to an Approved Application’’ guidance to States, local agencies and a 1-year demonstration project on State has been approved by the Office of 64594 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

Management and Budget (OMB) under required to respond to, a collection of DEPARTMENT OF HEALTH AND the Paperwork Reduction Act of 1995 information unless it displays a HUMAN SERVICES (the PRA). currently valid OMB control number. FOR FURTHER INFORMATION CONTACT: OMB has now approved the information Food and Drug Administration JonnaLynn P. Capezzuto, Office of collection and has assigned OMB [Docket No. 97N±0265] Information Resources Management control number 0910–0193. The (HFA–250), Food and Drug approval expires on September 30, Agency Information Collection Administration, 5600 Fishers Lane, 2000. Activities; Announcement of OMB Rockville, MD 20857, 301–827–4659. Dated: December 2, 1997. Approval SUPPLEMENTARY INFORMATION: In the William K. Hubbard, Federal Register of July 24, 1997 (62 FR AGENCY: Food and Drug Administration, Associate Commissioner for Policy HHS. 39890 to 39903), the agency announced Coordination. ACTION: Notice. that the proposed information collection [FR Doc. 97–32079 Filed 12–5–97; 8:45 am] had been submitted to OMB for review BILLING CODE 4160±01±F SUMMARY: and clearance under section 3507 of the The Food and Drug PRA (44 U.S.C. 3507). An agency may Administration (FDA) is announcing not conduct or sponsor, and a person is that a collection of information entitled DEPARTMENT OF HEALTH AND ‘‘Investigational Device Exemptions not required to respond to, a collection HUMAN SERVICES of information unless it displays a Reports and Records—21 CFR 812’’ has been approved by the Office of currently valid OMB control number. Food and Drug Administration OMB has now approved the information Management and Budget (OMB) under the Paperwork Reduction Act of 1995 collection and has assigned OMB [Docket No. 97N±0323] control number 0910–0315. The (the PRA). approval expires on September 30, Agency Information Collection FOR FURTHER INFORMATION CONTACT: 2000. Activities; Announcement of OMB Margaret R. Schlosburg, Office of Approval Information Resources Management Dated: December 2, 1997. (HFA–250), Food and Drug William K. Hubbard, Administration, 5600 Fishers Lane, AGENCY: Food and Drug Administration, Associate Commissioner for Policy Rockville, MD 20857, 301–827–1223. Coordination. HHS. SUPPLEMENTARY INFORMATION: In the [FR Doc. 97–32024 Filed 12–5–97; 8:45 am] ACTION: Notice. Federal Register of July 16, 1997 (62 FR BILLING CODE 4160±01±F 38097), the agency announced that the SUMMARY: The Food and Drug proposed information collection had Administration (FDA) is announcing been submitted to OMB for review and DEPARTMENT OF HEALTH AND that a collection of information entitled HUMAN SERVICES clearance under section 3507 of the PRA ‘‘Notice of Participation’’ has been (44 U.S.C. 3507). An agency may not approved by the Office of Management Food and Drug Administration conduct or sponsor, and a person is not and Budget (OMB) under the Paperwork required to respond to, a collection of [Docket No. 97N±0321] Reduction Act of 1995 (the PRA). information unless it displays a Agency Information Collection FOR FURTHER INFORMATION CONTACT: currently valid OMB control number. Activities; Announcement of OMB JonnaLynn P. Capezzuto, Office of OMB has now approved the information Approval Information Resources Management collection and has assigned OMB (HFA–250), Food and Drug control number 0910–0078. The AGENCY: Food and Drug Administration, Administration, 5600 Fishers Lane, approval expires on September 30, HHS. Rockville, MD 20857, 301–827–4659. 2000. ACTION: Notice. SUPPLEMENTARY INFORMATION: In the Dated: December 2, 1997. William K. Hubbard, SUMMARY: The Food and Drug Federal Register of August 7, 1997 (62 Administration (FDA) is announcing FR 42561), the agency announced that Associate Commissioner for Policy Coordination. that a collection of information entitled the proposed information collection had ‘‘Advisory Opinions’’ has been been submitted to OMB for review and [FR Doc. 97–32081 Filed 12–5–97; 8:45 am] approved by the Office of Management clearance under section 3507 of the PRA BILLING CODE 4160±01±F and Budget (OMB) under the Paperwork (44 U.S.C. 3507). An agency may not Reduction Act of 1995 (the PRA). conduct or sponsor, and a person is not required to respond to, a collection of FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HOUSING AND information unless it displays a JonnaLynn P. Capezzuto, Office of URBAN DEVELOPMENT currently valid OMB control number. Information Resources Management [Docket No. FR±3776±N±04] OMB has now approved the information (HFA–250), Food and Drug collection and has assigned OMB Administration, 5600 Fishers Lane, Notice of Public Meeting and Request control number 0910–0191. The Rockville, MD 20857, 301–827–4659. for Comments on Fair Housing approval expires on September 30, Initiatives Program SUPPLEMENTARY INFORMATION: In the 2000. Federal Register of August 14, 1997 (62 AGENCY: Dated: December 2, 1997. Office of the Assistant FR 43534), the agency announced that Secretary for Fair Housing and Equal William K. Hubbard, the proposed information collection had Opportunity, HUD. been submitted to OMB for review and Associate Commissioner for Policy ACTION: Notice of public meeting and clearance under section 3507 of the PRA Coordination. request for comments on Fair Housing (44 U.S.C. 3507). An agency may not [FR Doc. 97–32080 Filed 12–5–97; 8:45 am] Initiatives Program (FHIP). conduct or sponsor, and a person is not BILLING CODE 4160±01±F Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64595

SUMMARY: This Notice invites interested requirements that specific types of cases the National Wildlife Refuge System parties to attend a public meeting and/ be filed with HUD; and incentives for mission, and to guide which public uses or to submit written comments on the other cooperative activities that further occur on the refuge. The planning Department’s administration of FHIP the Department’s enforcement program. process is a way for the Service and the funding, including criteria and/or Enforcement actions are defined as public to evaluate management goals incentives to be included in the FY 1998 issuance of a charge by HUD or referral and objectives for the best possible FHIP Notice of Funding Availability by HUD to the Department of Justice for conservation efforts of this important (NOFA) for activities that assist the enforcement. The Department will wildlife habitat, while providing for Department in its efforts to double consider the comments received in wildlife-dependent recreation enforcement actions under the Fair response to this Notice when opportunities that are compatible with Housing Act. formulating plans for the disposition of each national wildlife refuge’s DATES: The public meeting will be held funds appropriated for Fiscal Year 1998. establishing purposes. In 1908, the first purchase of land for on December 15, 1997 at 2:00 p.m. The Dated: December 3, 1997. the exclusive protection of wildlife written comment Due Date is December Eva M. Plaza, 19, 1997. occurred when Congress appropriated Assistant Secretary for Fair Housing and ADDRESSES: Persons interested in money for the establishment of the Equal Opportunity. National Bison Range ‘‘for a permanent attending the public meeting are invited [FR Doc. 97–32151 Filed 12–4–97; 11:12 am] to attend in Room 10233, Department of national bison range for the herd of Housing and Urban Development, 451 BILLING CODE 4210±28±P bison.’’ (45 Stat. 267–8) and Seventh Street, S.W., Washington, D.C. subsequently in 1921 ‘‘as refuges and 20410. Persons interested in submitting breeding grounds for birds,’’ (Executive written comments are invited to submit DEPARTMENT OF THE INTERIOR Order 3596). Ninepipe and Pablo comments regarding this Notice to the National Wildlife Refuges were Environmental Statements; established as easement refuges in 1921 Rules Docket Clerk, Office of General Availability, etc.: National Bison Range Counsel, Room 10278, Department of ‘‘as a refuge and breeding ground for Complex, MT: Comprehensive native birds,’’ (Executive Order 3503- Housing and Urban Development, 451 Conservation Plan Seventh Street, S.W., Washington, D.C. Ninepipe, Executive Order 3504— 20410. Communications should refer to AGENCY: Fish and Wildlife Service. Pablo). The Tribes have the right to use these for all purposes consistent with the above docket number and title. A ACTION: Notice of intent to prepare a the permanent refuge easements. Swan copy of each communication submitted comprehensive conservation plan. will be available for public inspection River National Wildlife Refuge was and copying between 7:30 a.m. and 5:30 SUMMARY: This notice advises that the established in 1973 ‘‘for use as an p.m. weekdays at the above address. U.S. Fish and Wildlife Service (Service) inviolate sanctuary, or for any other management purpose, for migratory FOR FURTHER INFORMATION CONTACT: intends to gather information necessary birds,’’ (Migratory Bird Conservation Maxine B. Cunningham, Director, Office to prepare a comprehensive Act, 16 U.S.C. 715–715r). Finally, the of Fair Housing Initiatives and conservation plan (CCP) and associated Northwest Montana Wetland Voluntary Programs, Room 5234, 451 environmental document for the Management District are lands acquired Seventh Street, S.W., Washington, D.C. National Bison Range Complex in ‘‘as Waterfowl Production Areas’’ 20410–2000; telephone number (202) northwestern Montana. The Service is subject to ‘‘all of the provisions of such 708–0800 (this is not a toll free number). furnishing this notice in compliance with Service CCP policy to advise other Act (Migratory Bird Conservation Act) Persons who use a text telephone (TTY) ** * except the inviolate sanctuary may call 1–800–290–1617. agencies and the public of its intentions and to obtain suggestions and provisions,’’ (Migratory Bird Hunting SUPPLEMENTARY INFORMATION: The Fair and Conservation Stamp Act, 16 U.S.C. Housing Initiatives Program is an information on the scope of issues to be considered in the planning process. 718). essential component in the enforcement The National Bison Range Complex is DATES: Written comments should be of the Fair Housing Act and in the an integral part of the community in received by January 7, 1998. Department’s commitment to doubling northwestern Montana. The National its enforcement actions. In anticipation ADDRESSES: Comments and requests for Bison Range, Ninepipel and Pablo of the next round of funding under the more information to Project Leader, National Wildlife Refuges, and that FHIP, the Department desires to provide Attention Planning Team, National portion of the Wetland Management an opportunity for comment from prior Bison Range Complex, 132 Bison Range District in Lake County, Montana lie grantees and applicants, potential Road, Moiese, Montana 59824. within the exterior boundaries of the applicants and any other interested FOR FURTHER INFORMATION CONTACT: Flathead Indian Reservation of the parties, on the administration of FHIP Dave Wiseman, Refuge Manager 406– Confederated Salish and Kootenai funding, application procedures for 644–2211. Tribes. The units of the Complex that funding in general, and on the content SUPPLEMENTARY INFORMATION: The are not within the reservation include of FHIP NOFAs in particular. The Service has initiated Comprehensive the Swan River National Wildlife Refuge Department is also interested in Conservation Planning for the National and that portion of the Wetland suggestions regarding criteria and/or Bison Range Complex. The Complex Management District in Flathead incentives to include in the FY 1998 includes the National Bison Range; County, Montana. The Comprehensive FHIP Notice of Funding Availability Ninepipe, Pablo, and Swan River Conservation Plan will define how the (NOFA) to assist the Department in its National Wildlife Refuges; and the Complex is managed, not who manages efforts to double enforcement actions Northwest Montana Wetland it. Therefore, this planning effort is under the Fair Housing Act. In addition Management District. Each National separate from the Confederated Salish to suggestions, the Department Wildlife Refuge has purposes for which and Kootenai Tribes’ compacting welcomes comments on the merits of: it was established. Those purposes are requests for management authority. The bonus points for activities that result in used to develop and prioritize Service and the Tribes have discussed enforcement actions by HUD; management goals and objectives within working together to develop the CCP. 64596 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

The Service may contract with the We estimate that the draft management of 90 million acres of Tribes for resource personnel or services environmental document will be public lands in Alaska. Public as needed. The Service will conduct the available for review in June 1999. nominations will be considered for 30 planning process providing the Tribes, Dated: November 26, 1997. days after the publication date of this as well as other governments, agencies, Ralph O. Morgenweck, notice. organizations, and the public with an The Federal Land Policy and Regional Director, Denver, Colorado. opportunity to participate in the scoping Management Act (FLPMA) directs the [FR Doc. 97–32007 Filed 12–5–97; 8:45 am] and public comment process. Secretary of the Interior to involve the BILLING CODE 4310±55±M The Service is requesting input for public in planning and issues related to concerns, ideas, and suggestions for the management of lands administered by future management of the National DEPARTMENT OF THE INTERIOR BLM. Section 309 of FLPMA directs the Bison Range Complex. Anyone Secretary to select 10—15 member interested in providing input is invited Geological Survey citizen-based advisory councils as to respond to the following three established and authorized under the questions. Technology Transfer Act of 1986 Federal Advisory Committee Act. Council members represent the various (1) What makes the National Bison AGENCY: United States Geological interests concerned with the Range Complex (or any specific unit) Survey, Interior. management of the public lands in special or unique for you? ACTION: Notice to accept contribution Alaska. These include three categories: (2) What problems or issues do you from private sources. • Category One—Representatives of want to see addressed in the energy and mining development, timber Comprehensive Conservation Plan? SUMMARY: The United States Geological Survey (USGS) is accepting a $25,000 industry, off-road vehicle use and (3) What improvements would you contribution per year for two years from developed recreation. • recommend for the National Bison Amoco Overseas Exploration Company Category Two—Representatives of Range Complex (or any specific unit)? to support the World Energy Project. environmental and resource conservation organizations and The Service has provided the above ADDRESSES: If any other parties are questions for your optional use. There is archaeological or historic interests. interested in making contributions for • no requirement to provide information the same or similar purposes, please Category Three—Representatives of to the Service. The Planning Team contact Mr. Vito Nuccio of the U.S. state and local government, Alaska developed these questions to facilitate Geological Survey, Central Region Natives, academicians involved in finding out more information about Energy Resources Team, Mail Stop 939, natural sciences, and the public-at-large. individual issues and ideas concerning Denver Colorado 80225–0046; telephone BLM is currently seeking nominations the National Bison Range Complex. (303) 236–1654; e-mail to fill vacancies in categories one and Comments received by the Planning [email protected]. two. Team will be used as part of the Individuals may nominate themselves SUPPLEMENTARY INFORMATION: This planning process, individual comments notice is to meet the USGS requirement or others. Nominees must be residents will not be reference in our reports or stipulated in the Survey Manual. of the State of Alaska, and will be directly responded to. evaluated on the basis of education, Dated: November 21, 1997. There will also be an opportunity to training, experience of the issues, and provide input at open houses scheduled P. Patrick Leahy, knowledge of Alaska’s public lands. for late January 1998 to scope issues and Chief, Geologic Division. Nominees should have a demonstrated concerns (schedule can be obtained [FR Doc. 97–32000 Filed 12–5–97; 8:45 am] commitment to collaborative resource from the National Bison Range at above BILLING CODE 4210±31±M decision making. All nominations must address). All information provided be accompanied by letters of reference voluntarily by mail, phone, or at public from represented interests or meetings becomes part of the official DEPARTMENT OF THE INTERIOR organizations and a completed nomination form. public record (e.g., names, addresses, Bureau of Land Management letters of comment, input recorded ADDRESSES: To request a nomination during meetings). If requested under the [AK±910±0777±74] package, contact External Affairs, Freedom of Information Act by a private Bureau of Land Management, 222 W. citizen or organization, the Service may Committees, Establishment, Renewal, 7th Avenue, #13, Anchorage, AK 99513– provide copies of such information. Termination, etc: Alaska Resource 7599. Advisory Council; Nominations The environmental review of this DATES: All nominations should be project will be conducted in accordance AGENCY: Bureau of Land Management, received on or before January 7, 1998. with the requirements of the National Interior. FOR FURTHER INFORMATION CONTACT: Environmental Policy Act of 1969, as ACTION: Call for Nominations for Alaska Teresa McPherson, Bureau of Land amended (42 U.S.C. 4321 et seq), NEPA Resource Advisory Council. Management, Alaska State Office, (907) Regulations (40 CFR 1500–1508), other 271–5555. appropriate Federal laws and SUMMARY: The Bureau of Land regulations, Executive Order 12996, the Management, Alaska State Office, is Dated: November 24, 1997. National Wildlife Refuge System soliciting nominations for the Alaska Tom Allen, Improvement Act of 1997, and Service Resource Advisory Council. The council State Director. policies and procedures for compliance provides advice and recommendations [FR Doc. 97–32005 Filed 12–5–97; 8:45 am] with those regulations. to BLM on land use planning and BILLING CODE 4310±JA±P Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64597

DEPARTMENT OF THE INTERIOR p.m. The council will review BLM land DEPARTMENT OF THE INTERIOR management issues and take public Bureau of Land Management comment on those issues. The meeting Bureau of Land Management [OR±130±1020±00;GP8±0057] will be held in the Denali Room on the [NM±030±1430±01; NMNM98528] 4th floor of the Anchorage Federal Notice of Meeting of the Eastern Building at 7th and C Street. Notice of Realty Action; Recreation Washington Resource Advisory Public comments will be taken from and Public Purposes (R&PP) Act Council 2–3 p.m. Thursday, January 22. Written Classification; New Mexico comments may be submitted at the AGENCY: Interior, Bureau of Land meeting or mailed to the address below AGENCY: Bureau of Land Management Management, Spokane District. prior to the meeting. (BLM), Interior. ACTION: Meeting of the Eastern ADDRESSES: Inquiries about the meeting ACTION: Notice of realty action; R&PP Washington Resource Advisory Council; should be sent to External Affairs, Act classification. January 15, 1998, in Spokane, Bureau of Land Management, 222 W. SUMMARY: The following public land in Washington. 7th Avenue, #13, Anchorage, AK 99513– Dona Ana County, New Mexico has 7599. SUMMARY: A meeting of the Eastern been examined and found suitable for Washington Resource Advisory Council FOR FURTHER INFORMATION CONTACT: classification for lease or conveyance to will be held on January 15, 1998. The Teresa McPherson, (907) 271–5555. Dona Ana County, New Mexico under meeting will convene at 7:00 p.m., at Dated: November 25, 1997. the provision of the R&PP Act, as Doubletree Hotel Spokane/City Center, Tom Allen, amended (43 U.S.C. 869 et seq.). Dona Spokane Falls Ballroom, 322 N. State Director. Ana County proposes to use the land for Spokane Falls Court, Spokane, [FR Doc. 97–32006 Filed 12–5–97; 8:45 am] a Juvenile Correctional and Washington, 99201; (509) 455–9600. BILLING CODE 4310±JA±P Rehabilitative Facility. The meeting will adjourn upon T. 23 S., R. 1 W., NMPM completion of business, but no later Sec. 33, E1⁄2NE1⁄4, south of the frontage than 10:00 p.m. Public comments will DEPARTMENT OF THE INTERIOR road paralleling Interstate Highway 10. be heard from 7:30 p.m. until 9:00 p.m. Containing 56 acres, more or less. If necessary to accommodate all wishing Bureau of Land Management DATES: Comments regarding the to make public comments, a time limit proposed lease/conveyance or may be placed upon each speaker. The [OR±050±1020±00: GP8±0053] classification must be submitted on or purposes of the meeting are to discuss before January 22, 1998. the Draft Eastside Environmental Impact Notice of Meeting of John Day-Snake ADDRESSES: Comments should be sent to Statement and to receive an update on Resource Advisory Council the Bureau of Land Management, Las the status of the Standards for AGENCY: Bureau of Land Management, Cruces District Office, 1800 Marquess, Rangeland Health and Livestock Grazing Las Cruces, New Mexico 88005. Guidelines. Prineville District; Interior. ACTION: FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Meeting of John Day-Snake Resource Advisory Council: Pendleton, Marvin M. James at the address above or Richard Hubbard, Bureau of Land at (505) 525–4349. Management, Spokane District Office, Oregon, January 13, 1998. SUPPLEMENTARY INFORMATION: 1103 North Fancher Road, Spokane, SUMMARY: A meeting of the John Day- Washington, 99212; or call 509–536– Snake Resource Advisory Council will Lease or conveyance will be subject to 1200. be held on January 13, 1998 beginning the following terms, conditions, and Dated: December 2, 1997. at 8:00 a.m. at the Yellowhawk reservations: Joseph K. Buesing, Community Health Center, Umatilla 1. Provisions of the R&PP Act and to District Manager. Reservation, Pendleton, Oregon. The all applicable regulations of the [FR Doc. 97–32001 Filed 12–5–97; 8:45 am] meeting is open to the public. Public Secretary of the Interior. 2. All valid existing rights BILLING CODE 4310±33±P comments will be received at 1:00 p.m. Topics to be discussed by the Council documented on the official public land will include the Interior Columbia Basin records at the time of lease/patent DEPARTMENT OF THE INTERIOR Ecosystem Management Project, issuance. implementation of Standards for 3. All minerals shall be reserved to Bureau of Land Management Rangeland Health and Guidelines for the United States, together with the Livestock Grazing on public lands, and right to prospect for, mine, and remove [AK±910±0777±74] an update on the Oregon Governor’s the minerals. Notice of Alaska Resource Advisory Forest Health Advisory Committee. 4. Any other reservations that the Council Meeting FOR FURTHER INFORMATION CONTACT: authorized officer determines James L. Hancock, Bureau of Land appropriate to ensure public access and AGENCY: Bureau of Land Management, Management, Prineville District Office, proper management of Federal lands Interior. 3050 NE. Third Street, P.O. Box 550, and interests therein. Upon publication ACTION: Notice of Alaska Resource Prineville, Oregon 97754, or call 541– of this notice in the Federal Register, Advisory Council Meeting. 416–6700. the land will be segregated from all other forms of appropriation under the Dated: November 26, 1997. SUMMARY: The Alaska Resource public land laws, including the general Advisory Council will conduct an open James L. Hancock, mining laws, except for lease or meeting Thursday, January 22, 1998, District Manager. conveyance under the R&PP Act and from 9 a.m. until 4:30 p.m. and Friday, [FR Doc. 97–32059 Filed 12–5–97; 8:45 am] leasing under the mineral leasing laws. January 23, 1998, from 8:30 a.m. until 4 BILLING CODE 4310±33±M On or before January 22, 1998, 64598 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices interested persons may submit questions or comments on the draft DEPARTMENT OF LABOR comments regarding the proposed lease/ guidelines, should contact David Nelson conveyance or classification of the land at (202) 712–1828. Office of the Secretary to the District Manager, Las Cruces The thirty-day comment period will District Office, 1800 Marquess, Las begin on the date that this Agency Recordkeeping/Reporting Cruces, New Mexico 88005. Any announcement is published in the Requirements Under Emergency adverse comments will be reviewed by Federal Register. Review by the Office of Management and Budget (OMB) the State Director. In the absence of any Dated: November 20, 1997. adverse comments, the classification William T. Oliver, December 3, 1997. will become effective 60 days from the The Department of Labor has date of publication of this notice. Director, Office of Food for Peace, Bureau for Humanitarian Response. submitted the ETA 9068 (Formula Classification Comments [FR Doc. 97–31904 Filed 12–5–97; 8:45 am] Grants) and ETA 9068–1 (Competitive Interested parties may submit BILLING CODE 6116±01±M Grants) emergency processing public comments involving the suitability of information collection request (ICR) to the land for a Juvenile Correctional and the Office of Management and Budget Rehabilitative Facility. Comments on (OMB) for review and clearance under FOREIGN CLAIMS SETTLEMENT the Paperwork Reduction Act of 1995 the classification are restricted to COMMISSION whether the land is physically suited for (Pub.L. 104–13, 44 U.S.C. Chapter 35). OMB approval has been requested by the proposal, whether the use will [F.C.S.C. Meeting Notice No. 25±97] maximize the future use or uses of the December 31, 1997. A copy of this ICR, land, whether the use is consistent with Sunshine Act Meeting with applicable supporting local planning and zoning, or if the use documentation, may be obtained by is consistent with State and Federal The Foreign Claims Settlement calling the Department of Labor programs. Commission, pursuant to its regulations Departmental Clearance Officer, Todd (45 CFR Part 504) and the Government Owen ({202} 219–5096, x.143). Application Comments in the Sunshine Act (5 U.S.C. 552b), Comments and questions about the Interested parties may submit hereby gives notice in regard to the ICR listed below should be forwarded to comments regarding the specific use scheduling of meetings and oral Office Information and Regulatory proposed in the application and plan of hearings for the transaction of Affairs, Attn: OMB Desk Officer for the development, whether the BLM Commission business and other matters Office of Information and Regulatory followed proper administrative specified, as follows: Affairs, Office of Management and procedures in reaching the decision, or DATE AND TIME Budget, Room 10235, Washington, DC any other factor not directly related to 20503 ({202} 395–7316). the suitability of the land for a Juvenile Monday, December 15, 1997, 9:30 The Office of Management and Budget Correctional and Rehabilitative Facility. a.m. to 5:00 p.m. is particularly interested in comments Dated: December 2, 1997. Wednesday, December 17, 1997, 9:30 which: a.m. to 5:00 p.m. • Josie Banegas, Evaluate whether the proposed Monday, December 22, 1997, 9:30 collection of information is necessary Acting District Manager. a.m. to 5:00 p.m. for the proper performance of the [FR Doc. 97–32004 Filed 12–5–97; 8:45 am] Monday, December 29, 1997, 9:30 functions of the agency, including BILLING CODE 4310±VC±P a.m. to 5:00 p.m. whether the information will have Wednesday, December 31, 1997, 9:30 practical utility; a.m. to 5:00 p.m. • Evaluate the accuracy of the AGENCY FOR INTERNATIONAL SUBJECT MATTER: (1) Oral Hearings and agency’s estimate of the burden of the DEVELOPMENT Hearings on the Record on Objections to proposed collection of information, Title II Fiscal Year 1998 Development Individual Proposed Decisions on including the validity of the Claims of Holocaust Survivors Against methodology and assumptions used; Program Proposal Final Draft • Guidelines and FY 1997 Annual Germany; (2) Issuance of Individual Enhance the quality, utility, and Results Report Final Decisions on Claims of Holocaust clarity of the information to be Survivors Against Germany. collected; and • Pursuant to Section 207(b) of the STATUS: Closed. Minimize the burden of the Agricultural Trade Development and All meetings are held at the Foreign collection of information on those who Assistance Act of 1954 (P.L. 480), as Claims Settlement Commission, 600 E are to respond, including through the amended, notice is hereby given that the Street, N.W., Washington, DC. Requests use of appropriate automated, final draft P.L. 480 Title II guidelines for for information, or advance notices of electronic, mechanical, or other fiscal year 1999 Program Proposals and intention to observe an open meeting, technological collection techniques or Fiscal Year 1997 Annual Results may be directed to: Administrative other forms of information technology, Reports is being made available to Officer, Foreign Claims Settlement e.g., permitting electronic submissions interested parties for the required thirty- Commission, 600 E Street, NW., Room of response. day comment period. 6002, Washington, DC 20579. Agency: Employment and Training Individuals who wish to receive a Telephone: (202) 616–6988. Administration. copy of the draft guidelines should Title: Welfare-to-Work Formula (ETA contact: Office of Food for Peace, Dated at Washington, DC, December 3, 9068)/Competitive Cumulative Agency for International Development, 1997. Quarterly Status Reports (ETA 9068–1). 1300 Pennsylvania Avenue (RRB 7.06– Judith H. Lock, OMB Number: 1205–New. 153), Washington, DC 20523–0809. Administrative Officer. Frequency: Quarterly. Contact person: Gwen Johnson, (202) [FR Doc. 97–32152 Filed 12–4–97; 9:18 am] Affected Public: (1) WtW Formula 712–0664. Individuals who have BILLING CODE 4410±01±P Grants: States, local governments, and Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64599

Private Industry Councils; and (2) WTW designed to assist States in finding program, for program planning and Competitive Grants: Eligible applicants unsubsidized employment. The management, to measure regulatory from Business or other for profit and quarterly financial status reports are due compliance, and for audit purposes. non-profit institutions. The Welfare to to the Employment and Training Work program is a new program Administration in order to evaluate the

DOL, ETA REPORTING BURDEN FOR WTW FORMULA AND BONUS GRANTS (ETA 9068)

Requirements 1st year 2nd year 3rd year 4th year

Number of Reports Per Entity Per Quarter ...... 1 ...... 1 ...... 2 ...... 2. Total Number of Reports Per Entity Per Year ...... 3 ...... 4 ...... 8 ...... 8. Number of Hours Required for Recording/Reporting Per Quarter Per Report ...... 40 minutes ... 80 minutes ... 120 minutes 80 minutes. Total Number of Hours Required for Recording/Reporting Hours Per Entity Per 2 ...... 5 ...... 8 ...... 5. Year. Number of Entities Reporting ...... 55 ...... 55 ...... 55 ...... 55. Total Number of Hours Required for Recording/Reporting Burden Per Year ...... 110 ...... 293 ...... 440 ...... 293. Total Burden Cost @$10.50 per hour...... $1,155.00 ..... $3,080.00 ..... $4,620.00 ..... $3,080.00.

NOTE: Formula Grants will only be issued in years 1 and 2; Grantees may be eligible for a Bonus grant in year 3. All grants funds will be tracked in the same automated format. In year 1, formula grants will not be allotted until the 2nd qtr.

DOL, ETA REPORTING BURDEN FOR WTW COMPETITIVE GRANTS (ETA 9068±1)

Requirements 1st year 2nd year 3rd year 4th year

Number of Reports Per Entity Per Quarter ...... 1 ...... 1 ...... 2 ...... 2. Total Number of Reports Per Entity Per Year ...... 3 ...... 4 ...... 4 ...... 4. Number of Hours Required for Recording/Reporting Per Quarter Per Report ...... 40 minutes ... 80 minutes ... 120 minutes 80 minutes. Total Number of Hours Required for Recording/Reporting Hours Per Entity Per 2 ...... 5 ...... 8 ...... 5. Year. Estimated Number of Entities Reporting ...... 200 ...... 200 ...... 200 ...... 200. Total Number of Hours Required for Recording/Reporting Burden Per Year ...... 400 ...... 1,067 ...... 1,600 ...... 1,067. Total Burden Cost @$10.50 per hour...... $4,200.00 ..... $11,200.00 ... $16,800.00 ... $11,200.00

NOTE: Competitive Grants to be awarded in years 1 and 2. Estimate 200 grants will be awarded to eligible applicants. All grant funds will be tracked in the same automated format. In year 1, Competitive grants will not be let until the 2nd quarter.

Description: This request for ACTION: Notice. NATIONAL SCIENCE FOUNDATION emergency clearance of the WtW Formula and Competitive Cumulative SUMMARY: NARA plans to close the Membership of National Science Quarterly Status report formats is Microfilm Research Room at the Foundation's Office of Inspector necessary so that the Department may National Archives Building (Room 400) General Senior Executive Service collect financial data from the States from January 12 to 16, 1998, to refurnish Performance Review Board and other grant recipients on a quarter the room and install new equipment. AGENCY: basis. The information will provide a Any changes to these dates will be National Science Foundation. means for the Secretary of Labor to posted in the fourth floor lobby outside ACTION: Announcement of Membership manage and evaluate the program as the Microfilm Research Room. of the National Science Foundation’s well as to develop a formula for Researchers may also obtain updated Performance Review Board for Office of measuring State performance to be information by calling or contacting Inspector General Senior Executive utilized in determining and awarding NARA at the telephone number or email Service positions. bonuses to States. These performance address shown in the FOR FURTHER bonuses are authorized under the Act in INFORMATION CONTACT section. SUMMARY: This announcement of the membership of the National Science Section 403(a)(5)(E). DATES: January 12 to 16, 1998. Todd R. Owen, Foundation’s Office of Inspector General ADDRESSES: The Microfilm Research Senior Executive Service Performance Departmental Clearance Officer. Room is located in the National Review Board is made in compliance [FR Doc. 97–32056 Filed 12–5–97; 8:45 am] Archives Building at 700 Pennsylvania with 5 U.S.C. 4314(c)(4). BILLING CODE 4510±30±M Ave., NW, Washington, DC 20408. ADDRESSES: Comments should be FOR FURTHER INFORMATION CONTACT: Jo addressed to Director, Division of Ann Williamson, Chief, Archives I, User Human Resource Management, National NATIONAL ARCHIVES AND RECORDS Services Branch, Tel. 202–501–5400. E- Science Foundation, Room 315, 4201 ADMINISTRATION mail inquiries: . Wilson Boulevard, Arlington, VA 22230. Dated: December 1, 1997. FOR FURTHER INFORMATION CONTACT: Temporary Closing of Microfilm Michael J. Kurtz, Mr. John F. Wilkinson, Jr., at the above Research Room at National Archives address or (703) 306–1180. Building Assistant Archivist for Records Services— Washington, DC. SUPPLEMENTARY INFORMATION: The AGENCY: National Archives and Records [FR Doc. 97–32058 Filed 12–5–97; 8:45 am] membership of the National Science Administration (NARA). BILLING CODE 7515±01±M Foundation’s Office of Inspector General 64600 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

Senior Executive Service Performance Commission of the proposed merger and Atlantic Energy, Inc. (the parent holding Review Board is as follows: corporate restructuring. company of ACE) and Delmarva Power Charles E. Hess, Chairman, Audit and According to the proposed plan, there & Light Company (DP&L), resulting in Oversight Committee, National will be no significant change in the formation of a new holding Science Board, Chairperson ownership, management, or sources of company, Conectiv, Inc., under which Linda P. Massaro, Director, Office of funds for operation, maintenance, or ACE and DP&L would become wholly Information and Resource decommissioning of the SNGS, Units 1 owned subsidiaries. Atlantic Energy, Management, Executive Secretary and 2, due to the corporate Inc. will cease to exist. Public Service Judith S. Sunley, Assistant to the restructuring. ACE and DP&L will Electric and Gas Company, not involved Director. continue to hold the licenses, and no in the merger, is co-holder of Facility direct transfer of the licenses will occur. Dated: December 3, 1997. Operating License No. NPF–57, along Pursuant to 10 CFR 50.80, the with ACE, issued for operation of the John F. Wilkinson, Jr., Commission may approve the transfer of Director, Division of Human Resource HCGS, located in Lower Alloways Creek control of a license after appropriate Township, Salem County, New Jersey. Management. notice to interested persons. Such [FR Doc. 97–32074 Filed 12–5–97; 8:45 am] An application filed by ACE under approval is contingent upon the cover of a letter dated April 30, 1997, BILLING CODE 7555±01±M Commission’s determination that the from John H. O’Neill, Jr., of Shaw, holder of the license following the Pittman, Potts & Trowbridge, Counsel transfer is qualified to hold the license for ACE and DP&L, informed the NUCLEAR REGULATORY and that the transfer is otherwise Commission of the proposed corporate COMMISSION consistent with applicable provisions of law, regulations, and orders of the restructuring. [Docket Nos. 50±272 and 50±311] Commission. According to the proposed plan, there For further details with respect to the will be no significant change in Public Service Electric and Gas proposed action, see the application ownership, management, or sources of Company; Philadelphia Electric filed by ACE and DP&L under cover of funds for operation, maintenance, or Company; Delmarva Power and a letter dated April 30, 1997, as decommissioning of the HCGS due to Electric Company; Atlantic City supplemented November 7, 1997, from the corporate restructuring. ACE will Electric Company; Salem Nuclear John H. O’Neill, Jr., Shaw, Pittman, continue to hold the license, and no Generating Station, Units 1 and 2; Potts & Trowbridge (Counsel for ACE direct transfer of the license will occur. Notice of Consideration of Approval of and DP&L), which is available for public Pursuant to 10 CFR 50.80, the Application Regarding Proposed inspection at the Commission’s Public Corporate Restructuring Commission may approve the transfer of Document Room, The Gelman Building, control of a license after appropriate Notice is hereby given that the U.S. 2120 L Street, NW., Washington, DC, notice to interested persons. Such Nuclear Regulatory Commission (the and at the local public document room approval is contingent upon the located at the Salem Free Public Library, Commission) is considering approval, Commission’s determination that the 112 West Broadway, Salem, New Jersey. by issuance of an order, under 10 CFR holder of the license following the 50.80 of the indirect transfer of control Dated at Rockville, Maryland, this 2nd day transfer is qualified to hold the license of Atlantic City Electric Company’s of December 1997. and that the transfer is otherwise (ACE) and Delmarva Power and Light For the Nuclear Regulatory Commission. consistent with applicable provisions of Company’s (DP&L) interests in the John F. Stolz, law, regulations, and orders of the Salem Nuclear Generating Station Director, Project Directorate I–2, Division of Commission. (SNGS), Units 1 and 2, licenses to the Reactor Projects—I/II, Office of Nuclear extent effected by a proposed merger Reactor Regulation. For further details with respect to the proposed action, see the application and restructuring of Atlantic Energy, [FR Doc. 97–32018 Filed 12–5–97; 8:45 am] filed by ACE under cover of a letter Inc. (the parent holding company of BILLING CODE 7590±01±P ACE) and DP&L, resulting in the dated April 30, 1997, as supplemented formation of a new holding company, November 7, 1997, from John H. O’Neill, Conectiv, Inc., under which ACE and NUCLEAR REGULATORY Jr., of Shaw, Pittman, Potts & DP&L would become wholly owned COMMISSION Trowbridge (Counsel for ACE and subsidiaries. Atlantic Energy, Inc. will DP&L), which is available for public cease to exist. Public Service Electric [Docket No. 50±354] inspection at the Commission’s Public Document Room, The Gelman Building, and Gas Company (PSE&G), Public Service Electric and Gas 2120 L Street, NW., Washington, DC, Philadelphia Electric Company (PECo), Company, Atlantic City Electric DP&L, and ACE are co-holders of Company, Hope Creek Generating and at the local public document room Facility Operating Licenses Nos. DPR– Station; Notice of Consideration of located at the Pennsville Public Library, 70 and DPR–75, issued for operation of Approval of Application Regarding 190 S. Broadway, Pennsville, New the SNGS, Units 1 and 2, located in Proposed Corporate Restructuring Jersey. Lower Alloways Creek Township, Dated at Rockville, Maryland, this 2nd day Salem County, New Jersey. PSE&G, the Notice is hereby given that the U.S. of December 1997. licensed operator of the facilities, and Nuclear Regulatory Commission (the For the Nuclear Regulatory Commission. PECo are not involved in the proposed Commission) is considering approval, merger and restructuring. An by issuance of an order, under 10 CFR John F. Stolz, application filed by ACE and DP&L 50.80, of the indirect transfer of control Director, Project Directorate I–2, Division of under cover of a letter dated April 30, of Atlantic City Electric Company’s Reactor Projects—I/II, Office of Nuclear 1997, from John H. O’Neill, Jr., of Shaw, (ACE) interest in the Hope Creek Reactor Regulation. Pittman, Potts & Trowbridge (Counsel Generating Station (HCGS) license to the [FR Doc. 97–32022 Filed 12–5–97; 8:45 am] for ACE and DP&L) informed the extent effected by a proposed merger of BILLING CODE 7590±01±P Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64601

NUCLEAR REGULATORY Environmental Impacts of the Proposed Finding of No Significant Impact COMMISSION Action Based upon the environmental The Commission has completed its assessment, the Commission concludes [Docket Nos. 50±277 and 50±278] evaluation of the proposed action and that the proposed action will not have concludes that there will be no physical a significant effect on the quality of the PECO Energy Company, Public or operational changes as a result of the human environment. Accordingly, the Service Electric and Gas Company, proposed action. The corporate merger Commission has determined not to Delmarva Power and Light Company, and restructuring will not affect the prepare an environmental impact Atlantic City Electric Company, Peach qualifications or organizational statement for the proposed action. Bottom Atomic Power Station, Units 2 affiliation of the personnel who operate For further details with respect to the and 3; Environmental Assessment and the facilities, as PECO, not involved in proposed action, see the application Finding of No Significant Impact the merger, will continue to be filed by ACE and DP&L under cover of responsible for the operation of PBAPS, a letter dated April 30, 1997, as The U.S. Nuclear Regulatory Units 2 and 3. supplemented November 7, 1997, from Commission (the Commission) is The change will not increase the John H. O’Neill, Jr., of Shaw, Pittman, considering approval, by issuance of an probability or consequences of Potts & Trowbridge (Counsel for ACE order, under 10 CFR 50.80, of the accidents, no changes are being made in and DP&L), which is available for public indirect transfer of control of the the types of any effluents that may be inspection at the Commission’s Public interests in the Peach Bottom Atomic released offsite, and there is no Document Room, the Gelman Building, Power Station (PBAPS), Units 2 and 3, significant increase in the allowable 2120 L Street, NW., Washington, DC, licenses to the extent effected by a individual or cumulative occupational and at the local public document room proposed merger of Atlantic Energy, Inc. radiation exposure. Accordingly, the located at the Government Publications (the parent holding company of Atlantic Commission concludes that there are no Section, State Library of Pennsylvania, City Electric Company (ACE)) and significant radiological environmental (REGIONAL DEPOSITORY) Education Delmarva Power & Light Company impacts associated with the proposed Building, Walnut Street and (DP&L), resulting in the formation of a action. Commonwealth Avenue, Box 1061, new holding company, Conectiv, Inc. With regard to potential Harrisburg, Pennsylvania. ACE is co-holder of Facility Operating nonradiological impacts, the proposed Dated at Rockville, Maryland, this 2nd day Licenses Nos. DPR–44 and DPR–56, action will not affect nonradiological of December 1997. along with Public Service Electric and plant effluents and will have no other For the Nuclear Regulatory Commission. Gas Company (PSE&G), PECO Energy environmental impact. Accordingly, the John F. Stolz, Company (PECO), and DP&L, issued for Commission concludes that there are no Director, Project Directorate I–2, Division of operation of the PBAPS, Units 2 and 3, significant nonradiological Reactor Projects—I/II, Office of Nuclear located in Peach Bottom Township, environmental impacts associated with Reactor Regulation. York County, Pennsylvania. the proposed action. [FR Doc. 97–32020 Filed 12–5–97; 8:45 am] Environmental Assessment Alternatives to the Proposed Action BILLING CODE 7590±01±M Identification of the Proposed Action Since the Commission has concluded there is no measurable environmental NUCLEAR REGULATORY The proposed action would consent to impact associated with the proposed COMMISSION the indirect transfer of the interests in action, any alternatives with equal or [Docket Nos. 50±277 and 50±278] PBAPS to the extent effected by the greater environmental impact need not proposed merger of Atlantic Energy, Inc. be evaluated. As an alternative to the PECO Energy Company, Public and DP&L, resulting in the formation of proposed action, the staff considered Service Electric And Gas Company, a new holding company, Conectiv, Inc., denial of the proposed action. Denial of Delmarva Power And Light Company, under which ACE and DP&L would the application would result in no Atlantic City Electric Company, Peach become wholly owned subsidiaries. No change in current environmental Bottom Atomic Power Station, Units 2 direct transfer of the licenses as held by impacts. The environmental impacts of And 3; Notice Of Consideration Of ACE and DP&L would occur. PECO, the the proposed action and the alternative Approval Of Application Regarding licensed operator of the facilities, and action are similar. Proposed Corporate Restructuring PSE&G are not involved in the merger Alternative Use of Resources and restructuring. Notice is hereby given that the U.S. This action does not involve the use Nuclear Regulatory Commission (the The proposed action is in accordance of any resources not previously Commission) is considering approval, with an application filed by ACE and considered in the ‘‘Final Environmental by issuance of an order, under 10 CFR DP&L under cover of a letter dated April Statement Related to the Operation of 50.80, of the indirect transfer of control 30, 1997, from John H. O’Neill, Jr., of Peach Bottom Atomic Power Station, of Atlantic City Electric Company’s Shaw, Pittman, Potts & Trowbridge, Units 2 and 3,’’ April 1973. (ACE) and Delmarva Power and Light Counsel for ACE and DP&L. Company’s (DP&L) interests in the Agencies and Persons Consulted The Need for the Proposed Action Peach Bottom Atomic Power Station In accordance with its stated policy, (PBAPS), Units 2 and 3, licenses to the The proposed action is required to on September 15, 1997, the staff extent effected by a proposed merger enable the proposed merger and consulted with the Pennsylvania State and restructuring of Atlantic Energy, restructuring of Atlantic Energy, Inc., official, Mr. S. Maingi of the State of Inc. (the parent holding company of ACE and DP&L to occur to the extent Pennsylvania, Bureau of Radiation ACE) and DP&L, resulting in the indirect transfers of control of the Protection, regarding the environmental formation of a new holding company, licenses will be effected by the merger impact of the proposed action. The State Conectiv, Inc., under which ACE and and restructuring. official had no comments. DP&L would become wholly owned 64602 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices subsidiaries. Atlantic Energy, Inc., will NUCLEAR REGULATORY Environmental Impacts of the Proposed cease to exist. PECO Energy Company, COMMISSION Action Public Service Electric and Gas The Commission has completed its Company (PSE&G), DP&L, and ACE are [Docket Nos. 50±272 and 50±311] evaluation of the proposed action and co-holders of Facility Operating concludes that there will be no physical Licenses Nos. DPR–44 and DPR–56, Public Service Electric and Gas or operational changes as a result of the issued for operation of PBAPS, Units 2 Company; Atlantic City Electric proposed action. The corporate merger and 3, located in Peach Bottom Company; Philadelphia Electric and restructuring will not affect the Township, York County, Pennsylvania. Company; Delmarva Power and Light qualifications or organizational PECO, the licensed operator of the Company; Salem Nuclear Generating affiliation of the personnel who operate facilities, and PSE&G are not involved Station, Units 1 and 2 Environmental the facilities, as PSE&G, not involved in in the proposed merger and Assessment and Finding of No the merger, will continue to be restructuring. An application filed by Significant Impact responsible for the operation of SNGS, ACE and DP&L under cover of a letter Units 1 and 2. dated April 30, 1997, from John H. The U.S. Nuclear Regulatory Commission (the Commission) is The change will not increase the O’Neill, Jr., of Shaw, Pittman, Potts & probability or consequences of Trowbridge, Counsel for ACE and DP&L, considering approval, by issuance of an order, under 10 CFR 50.80, of the accidents, no changes are being made in informed the Commission of the the types of any effluents that may be proposed merger and corporate indirect transfer of control of the interests in the Salem Nuclear released offsite, and there is no restructuring. significant increase in the allowable According to the proposed plan, there Generating Station (SNGS), Units 1 and individual or cumulative occupational will be no significant change in 2, licenses to the extent effected by a radiation exposure. Accordingly, the ownership, management, or sources of proposed merger of Atlantic Energy, Inc. Commission concludes that there are no funds for operation, maintenance, or (the parent holding company of Atlantic significant radiological environmental decommissioning of PBAPS, Units 2 City Electric Company (ACE) and impacts associated with the proposed and 3, due to the corporate Delmarva Power & Light Company action. restructuring. ACE and DP&L will (DP&L), resulting in the formation of a With regard to potential continue to hold the licenses, and no new holding company, Conectiv, Inc. nonradiological impacts, the proposed direct transfer of the licenses will occur. ACE is co-holder of Facility Operating Pursuant to 10 CFR 50.80, the Licenses Nos. DPR–70 and DPR–75, action will not affect nonradiological Commission may approve the transfer of along with Public Service Electric and plant effluents and will have no other control of a license after appropriate Gas Company (PSE&G), Philadelphia environmental impact. Accordingly, the notice to interested persons. Such Electric Company (PECo), and DP&L Commission concludes that there are no approval is contingent upon the issued for operation of the SNGS, Units significant nonradiological Commission’s determination that the 1 and 2, located in Lower Alloways environmental impacts associated with holder of the license following the Creek Township, Salem County, New the proposed action. transfer is qualified to hold the license Jersey. Alternatives to the Proposed Action and that the transfer is otherwise Environmental Assessment Since the Commission has concluded consistent with applicable provisions of there is no measurable environmental law, regulations, and orders of the Identification of the Proposed Action impact associated with the proposed Commission. The proposed action would consent to For further details with respect to the action, any alternatives with equal or the transfer of the interests in SNGS to proposed action, see the application greater environmental impact need not the extent effected by the proposed filed by ACE and DP&L under cover of be evaluated. As an alternative to the merger of Atlantic Energy, Inc. and a letter dated April 30, 1997, as proposed action, the staff considered DP&L, resulting in the formation of a supplemented November 7, 1997, from denial of the proposed action. Denial of new holding company, Conectiv, Inc., John H. O’Neill, Jr., Shaw, Pittman, the application would result in no under which ACE and DP&L would Potts & Trowbridge (counsel for ACE change in current environmental become wholly owned subsidiaries. No and DP&L), which is available for public impacts. The environmental impacts of direct transfer of the licenses as held by inspection at the Commission’s Public the proposed action and the alternative ACE and DP&L would occur. PSE&G, Document Room, The Gelman Building, action are similar. the licensed operator of the facilities, 2120 L Street, NW., Washington, DC, and PECo are not involved in the merger Alternative Use of Resources and at the local public document room and restructuring. This action does not involve the use located at the Government Publications The proposed action is in accordance of any resources not previously Section, State Library of Pennsylvania, with an application filed by ACE and considered in the ‘‘Final Environmental (REGIONAL DEPOSITORY) Education DP&L under cover of a letter dated April Statement’’ for Salem Nuclear Building, Walnut Street and 30, 1997, from John H. O’Neill, Jr., of Generating Station, Units 1 and 2, April Commonwealth Avenue, Box 1601, Shaw, Pittman, Potts & Trowbridge, 1973. Harrisburg, Pennsylvania. Counsel for ACE and DP&L. Dated at Rockville, Maryland, this 2nd day Agencies and Persons Consulted of December 1997. The Need for the Proposed Action In accordance with its stated policy, For the Nuclear Regulatory Commission. The proposed action is required to on October 21, 1997, the staff consulted John F. Stolz, enable the proposed merger and with the New Jersey State official, Mr. Director, Project Directorate I–2, Division of restructuring of Atlantic Energy, Inc., R. Pinney of the State of New Jersey, Reactor Projects—I/II, Office of Nuclear ACE, and DP&L to occur to the extent Department of Environmental Reactor Regulation. indirect transfers of control of the Protection, regarding the environmental [FR Doc. 97–32021 Filed 12–5–97; 8:45 am] licenses will be effected by the merger impact of the proposed action. The State BILLING CODE 7590±01±P and restructuring. official had no comments. Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64603

Finding of No Significant Impact Environmental Assessment impact associated with the proposed action, any alternatives with equal or Identification of the Proposed Action Based upon the environmental greater environmental impact need not assessment, the Commission concludes The proposed action would consent to be evaluated. As an alternative to the that the proposed action will not have the indirect transfer of the interest in proposed action, the staff considered a significant effect on the quality of the HCGS to the extent effected by the denial of the proposed action. Denial of human environment. Accordingly, the proposed merger of Atlantic Energy, Inc. the application would result in no Commission has determined not to and DP&L, resulting in the formation of change in current environmental prepare an environmental impact a new holding company, Conectiv, Inc., impacts. The environmental impacts of statement for the proposed action. under which ACE and DP&L would the proposed action and the alternative become wholly owned subsidiaries. For further details with respect to the action are similar. proposed action, see the application ACE would continue to be a co-licensee filed by ACE and DP&L under cover of of HCGS, and no direct transfer of the Alternative Use of Resources a letter dated April 30, 1997, as license would occur. PSE&G is not This action does not involve the use supplemented November 7, 1997, from involved in the proposed merger. of any resources not previously John H. O’Neill, Jr., of Shaw, Pittman, The proposed action is in accordance considered in the ‘‘Final Environmental Potts & Trowbridge (Counsel for ACE with an application filed by ACE under and DP&L), which is available for public cover of a letter dated April 30, 1997, Statement Related to the Operation of inspection at the Commission’s Public from John H. O’Neill, Jr., of Shaw, the Hope Creek Generating Station,’’ Pittman, Potts & Trowbridge, Counsel Document Room, The Gelman Building, NUREG–1074, December 1984. for ACE and DP&L. 2120 L Street, NW., Washington, DC, Agencies and Persons Consulted and at the local public document room The Need for the Proposed Action In accordance with its stated policy, located at the Salem Free Public Library, The proposed action is required to 112 West Broadway, Salem, New Jersey. enable the proposed merger and on October 21, 1997, the staff consulted Dated at Rockville, Maryland, this 2nd day restructuring of Atlantic Energy, Inc., with the New Jersey State official, Mr. of December 1997. ACE, and DP&L to occur to the extent R. Pinney of the State of New Jersey, Department of Environmental For the Nuclear Regulatory Commission. an indirect transfer of the license will be effected by the merger and restructuring. Protection, regarding the environmental John F. Stolz, impact of the proposed action. The State Director, Project Directorate I–2, Division of Environmental Impacts of the Proposed official had no comments. Reactor Projects—I/II, Office of Nuclear Action Reactor Regulation. Finding of No SignIficant Impact The Commission has completed its [FR Doc. 97–32019 Filed 12–5–97; 8:45 am] evaluation of the proposed action and Based upon the environmental BILLING CODE 7590±01±P concludes that there will be no physical assessment, the Commission concludes or operational changes as a result of the that the proposed action will not have proposed action. The corporate merger a significant effect on the quality of the NUCLEAR REGULATORY and restructuring will not affect the human environment. Accordingly, the COMMISSION qualifications or organizational Commission has determined not to affiliation of the personnel who operate prepare an environmental impact [Docket No. 50±354] the facilities, as PSE&G, not involved in the merger, will continue to be statement for the proposed action. Public Service Electric and Gas responsible for the operation of HCGS. For further details with respect to the Company and Atlantic City Electric The change will not increase the proposed action, see the application Company; Hope Creek Generating probability or consequences of filed by ACE under cover of a letter Station, Environmental Assessment accidents, no changes are being made in dated April 30, 1997, as supplemented and Finding of No Significant Impact the types of any effluents that may be November 7, 1997, from John H. O’Neill, released offsite, and there is no Jr., of Shaw, Pittman, Potts & The U.S. Nuclear Regulatory significant increase in the allowable Trowbridge (Counsel for ACE and Commission (the Commission) is individual or cumulative occupational DP&L), which is available for public considering approval, by issuance of an radiation exposure. Accordingly, the inspection at the Commission’s Public order, under 10 CFR 50.80 of the Commission concludes that there are no Document Room, The Gelman Building, indirect transfer of control of Atlantic significant radiological environmental 2120 L Street, NW., Washington, DC, City Electric Company’s (ACE) interests impacts associated with the proposed and at the local public document room in the Hope Creek Generating Station action. located at the Pennsville Public Library, (HCGS) license to the extent effected by With regard to potential 190 S. Broadway, Pennsville, New a proposed merger of Atlantic Energy, nonradiological impacts, the proposed Jersey. Inc. (the parent holding company of action will not affect nonradiological ACE) and Delmarva Power & Light plant effluents and will have no other Dated at Rockville, Maryland, this 2nd day Company (DP&L), resulting in the environmental impact. Accordingly, the of December 1997. formation of a new holding company, Commission concludes that there are no For the Nuclear Regulatory Commission. Conectiv, Inc. ACE is co-holder of significant nonradiological John F. Stolz, Facility Operating License No. NPF–57, environmental impacts associated with Director, Project Directorate I–2, Division of along with Public Service Electric and the proposed action. Gas Company (PSE&G), issued for Reactor Projects—I/II Office of Nuclear Reactor Regulation. operation of the HCGS, located in Lower Alternatives to the Proposed Action Alloways Creek Township, Salem Since the Commission has concluded [FR Doc. 97–32023 Filed 12–5–97; 8:45 am] County, New Jersey. there is no measurable environmental BILLING CODE 7590±01±P 64604 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

DEPARTMENT OF ENERGY SUPPLEMENTARY INFORMATION: individual Federal agencies; and (2) increasing the professionalism and I. Background President's Council on Integrity and effectiveness of IG personnel throughout Efficiency The Inspector General’s Act of 1978, the Government. Senior Executive Service Performance; as amended, has created independent II. PCIE Performance Review Board Review Board Membership audit and investigative units—Offices of (the) Inspector General—at 61 Federal Under 5 U.S.C. 4314(c) (1)–(5) and in AGENCY: President’s Council on Integrity agencies. In 1981, the President’s accordance with regulations prescribed and Efficiency (PCIE), Department of Council on Integrity and Efficiency by the Office of Personnel Management, Energy. (PCIE) was established by Executive each agency is required to establish one ACTION: Notice of Senior Executive Order as an interagency committee or more Senior Executive Service (SES) Service Performance Review Board charged with promoting integrity and performance review boards. The membership. effectiveness in Federal programs. The purpose of these boards are to review PCIE is chaired by the Office of and evaluate the initial appraisal of a SUMMARY: This notice sets forth the Management and Budget’s Deputy senior executive’s performance by the names and titles of the current Director for Management, and supervisor, along with any membership of the PCIE Performance comprised principally of the 29 recommendations to the appointing Review Board. Presidentially appointed Inspectors authority relative to the performance of EFFECTIVE DATE: December 8, 1997. General (IGs). The primary objectives of the senior executive. The current FOR FURTHER INFORMATION CONTACT: the PCIE are (1) mounting collaborative members of the President’s Council on Individual offices of (the) Inspector efforts to address integrity, economy Integrity and Efficiency Performance General. and effectiveness issues that transcend Review Board are as follows:

Members Title

AGENCY FOR INTERNATIONAL DEVELOPMENT

Everett L. Mosley ...... Deputy Inspector General. Carol L. Levy ...... Assistant Inspector General for Investigations. C. Michael Flannery ...... Assistant Inspector General for Security. Robert S. Perkins ...... Legal Counsel.

DEPARTMENT OF AGRICULTURE

Joyce Fleischman ...... Deputy Inspector General. Paula F. Hayes ...... Assistant Inspector General for Policy Development & Resources Man- agement. James R. Ebbitt ...... Assistant Inspector General for Audit. Richard D. Long ...... Deputy Assistant Inspector General for Audit. Robert W. Young, Jr ...... Deputy Assistant Inspector General for Audit. Craig L. Beauchamp ...... Assistant Inspector General for Investigations. Jon E. Novak ...... Deputy Assistant Inspector General for Investigations. Christine Jung ...... Deputy Assistant Inspector General for Investigations.

DEPARTMENT OF COMMERCE

Elizabeth T. Barlow ...... Counsel to the Inspector General. George E. Ross ...... Assistant Inspector General for Audits.

DEPARTMENT OF DEFENSE

Nicholas T. Lutsch ...... Assistant Inspector General for Administration & Information Manage- ment. Robert J. Lieberman ...... Assistant Inspector General for Auditing. William G. Dupree ...... Assistant Inspector General for Investigations. Russell A. Rau ...... Assistant Inspector General for Policy & Oversight. Clifford F. Broome ...... Director for Departmental Inquiries. Joel J. Leson ...... Deputy Assistant Inspector General for Administration & Information Management. David K. Steensma ...... Deputy Assistant Inspector General for Auditing. Donald E. Davis ...... Deputy Assistant Inspector General for Audit Policy & Oversight. John F. Keenan ...... Deputy Assistant Inspector General for Investigation.

DEPARTMENT OF ENERGY

Gregory H. Friedman ...... Deputy Inspector General for Audit Services. Michael W. Conley ...... Deputy Inspector General for Inspections. Judith D. Gibson ...... Assistant Inspector General for Resource Management. Herbert Richardson ...... Assistant Inspector General for Investigations. Stanley R. Sulak ...... Director, Audit Policy, Plans & Programs.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Michael F. Mangano ...... Principal Deputy Inspector General. Thomas D. Roslewicz ...... Deputy Inspector General for Audit Services. Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64605

Members Title

Joseph E. Vengrin ...... Assistant Inspector General for Audit Policy/Oversight. George Reeb ...... Assistant Inspector General for Health Care Financing Audits. Joe Green ...... Assistant Inspector General for Public Health Service Audits. John A. Ferris ...... Assistant Inspector General for Human, Family & Department Services Audits. John E. Hartwig ...... Deputy Inspector General for Investigations. Robert E. Richardson ...... Assistant Inspector General for Criminal Investigations. George Grob ...... Deputy Inspector General for Evaluation & Inspections. Dennis J. Duquette ...... Deputy Inspector General for Management & Policy. D. McCarty Thornton ...... Counsel to the Inspector General. Lewis Morris ...... Assistant Inspector General for Litigation Coordination.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

John J. Connors ...... Deputy Inspector General. Kathryn M. Kuhl-Inclan ...... Assistant Inspector General for Audit. Michael R. Phelps ...... Deputy Assistant Inspector General for Audit. Phillip Newsome ...... Deputy Assistant Inspector General for Investigation. Judith Hetherton ...... Counsel to the Inspector General.

DEPARTMENT OF THE INTERIOR

Richard N. Reback ...... Chief of Staff and General Counsel. John R. Sinclair ...... Assistant Inspector General for Investigations.

DEPARTMENT OF JUSTICE

Robert L. Ashbaugh ...... Deputy Inspector General. Mary W. Demory ...... Assistant Inspector General for Inspections. Howard L. Sribnick ...... General Counsel.

DEPARTMENT OF LABOR

Patricia Dalton ...... Deputy Inspector General. Sylvia Horowitz ...... Assistant Inspector General for Management & Counsel. John Getek ...... Assistant Inspector General for Audit. F.M. Broadaway ...... Assistant Inspector General for Investigations.

DEPARTMENT OF STATE

John C. Payne ...... Deputy Inspector General. Richard Melton ...... Deputy Inspector General. M. Milton MacDonald ...... Assistant Inspector General for Audits. James K. Blubaugh ...... Assistant Inspector General for Inspections. Robert S. Terjesen ...... Assistant Inspector General for Investigations. Jon Wiant ...... Assistant Inspector General for Security & Intelligence Oversight.

DEPARTMENT OF TRANSPORTATION

Raymond J. DeCarli ...... Deputy Inspector General. Roger P. Williams ...... Senior Counsel. Lawrence H. Weintrob ...... Assistant Inspector General for Auditing. Todd J. Zinser ...... Assistant Inspector General for Investigations. Wilbur L. Daniels ...... Deputy Assistant Inspector General for Maritime and Departmental Programs. Patricia J. Thompson ...... Deputy Assistant Inspector General for Surface Transportation. Alexis M. Stefani ...... Deputy Assistant Inspector General for Aviation. John L. Meche ...... Deputy Assistant Inspector General for Financial, Economic and Infor- mation Technology.

DEPARTMENT OF THE TREASURY

Richard Calahan ...... Deputy Inspector General. Dennis Schindel ...... Assistant Inspector General for Audit. Raisa Otero-Cesario ...... Assistant Inspector General for Investigations. Gary Whittington ...... Assistant Inspector General for Policy, Planning & Resources. William Pugh ...... Deputy Assistant Inspector General for Financial Audits. John Balakos ...... Associate Inspector General for Program Audits. James Cottos ...... Special Technical Advisor to the Inspector General.

DEPARTMENT OF VETERANS AFFAIRS

Michael J. Costello ...... Assistant Inspector General for Investigations. David H. Gamble ...... Deputy Assistant Inspector General for Investigations. Michael G. Sullivan ...... Assistant Inspector General for Auditing. 64606 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

Members Title

Michael Slachta, Jr ...... Deputy Assistant Inspector General for Auditing. John H. Mather, M.D ...... Assistant Inspector General for Healthcare Inspections. Maureen T. Regan ...... Counselor to the Inspector General.

ENVIRONMENTAL PROTECTION AGENCY

Nikki Tinsley ...... Acting Inspector General. Kenneth Konz ...... Assistant Inspector General for Audit. John Jones ...... Assistant Inspector General for Management. Allen Fallin ...... Assistant Inspector General for Investigations. Emmet Dashiell ...... Deputy Assistant Inspector General for Investigations.

FEDERAL EMERGENCY MANAGEMENT AGENCY

Richard Skinner ...... Deputy Inspector General. Nancy Hendricks ...... Assistant Inspector General for Audits. Paul Lillis ...... Assistant Inspector General for Investigations.

GENERAL SERVICES ADMINISTRATION

Joel S. Gallay ...... Deputy Inspector General. Kathleen S. Tighe ...... Counsel to the Inspector General. James E. Henderson ...... Assistant Inspector General for Investigations. Gary Seybold ...... Deputy Assistant Inspector General for Investigations. William E. Whyte, Jr ...... Assistant Inspector General for Auditing. Eugene L. Waszily ...... Deputy Assistant Inspector General for Auditing.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Richard D. Triplett ...... Assistant Inspector General for Investigations.

NUCLEAR REGULATORY COMMISSION

David C. Lee ...... Deputy Inspector General. Thomas J. Barchi ...... Assistant Inspector General for Audits. James E. Childs ...... Assistant Inspector General for Investigations.

OFFICE OF PERSONNEL MANAGEMENT

Joseph R. Willever ...... Deputy Inspector General. Harvey D. Thorp ...... Assistant Inspector General for Audits. Gary S. Yauger ...... Assistant Inspector General for Investigations.

RAILROAD RETIREMENT BOARD

William H. Tebbe ...... Assistant Inspector General for Investigations.

SMALL BUSINESS ADMINISTRATION

Karen S. Lee ...... Deputy Inspector General. Phyllis K. Fong ...... Assistant Inspector General for Management and Legal Counsel. Peter L. McClintock ...... Assistant Inspector General for Auditing. Thomas C. Cross ...... Assistant Inspector General for Inspection and Evaluation.

SOCIAL SECURITY ADMINISTRATION

James G. Huse, Jr ...... Deputy Inspector General. Thomas J. Blatchford ...... Assistant Inspector General for Investigations. Pamela J. Gardiner ...... Assistant Inspector General for Audit. Daniel R. Devlin ...... Deputy Assistant Inspector General for Audit.

Dated: December 1, 1997. SECURITIES AND EXCHANGE ACTION: Notice of application for an John C. Layton, COMMISSION order under the Investment Company Inspector General, Department of Energy, and Act of 1940 (the ‘‘Act’’) under (i) section Vice Chair, PCIE. [Rel. No. IC±22922; 812±10458] 6(c) of the Act granting an exemption [FR Doc. 97–32047 Filed 12–5–97; 8:45 am] from sections 18(f) and 21(b) of the Act; (ii) section 12(d)(1)(J) of the Act granting BILLING CODE 6450±01±U Janus Investment Fund, et al.; Notice of Application an exemption from section 12(d)(1) of the Act; (iii) sections 6(c) and 17(b) of December 2, 1997. the Act granting an exemption from AGENCY: Securities and Exchange sections 17(a)(1) and 17(a)(3) of the Act, Commission (‘‘SEC’’). and (iv) section 17(d) of the Act and rule Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64607

17d–1 under the Act to permit certain Public Reference Branch, 450 5th Street, 4. If the Funds were to borrow money joint arrangements. N.W., Washington, DC, 20549 (tel. 202– from their custodians under their 942–8090). current arrangements or under other Summary of Application: Applicants credit arrangements with a bank, the Applicants’ Representations request an order that would permit Funds would pay interest on the certain registered investment companies 1. Janus Investment Fund is registered borrowed cash at a rate which would be to participate in a joint lending and under the Act as an open-end significantly higher than the rate that borrowing facility. management investment company and would be earned by other (non- Applicants: Janus Investment Fund, organized as a Massachusetts business borrowing) Funds on investments in Janus Aspen Series, Janus Capital trust. Janus Aspen Series is registered repurchase agreements and other short- Corporation (‘‘Janus Capital’’), any under the Act as an open-end term instruments of the same maturity person controlling, controlled by, or management investment company and as the bank loan. Applicants believe this under common control with Janus organized as a Delaware business trust. differential represents the bank’s profit Capital, and any open-end management Janus Investment Fund and Janus Aspen for serving as a middleman between a investment company registered under Series have, respectively, nineteen and borrower and lender. Other bank loan the Act for which Janus Capital or any nine separate portfolios (each a arrangements, such as committed lines person controlling, controlled by, or ‘‘Fund’’). Janus Capital is registered as of credit, would require the Funds to under common control with Janus an investment adviser under the pay substantial commitment fees in Capital serves as investment adviser.1 Investment Advisers Act of 1940. addition to the interest rate to be paid FILING DATES: The application was filed Kansas City Southern Industries, Inc., a by the borrowing Fund. on December 9, 1996 and amended on publicly traded holding company whose 5. Applicants request an order that July 9, 1997, and November 7, 1997. primary subsidiaries are engaged in would permit the Funds to enter into Applicants have agreed to file an asset management, transportation and lending agreements (‘‘Interfund Lending amendment during the notice period, information processing, owns Agreements’’) under which the Funds the substance of which is included in approximately 83% of the outstanding would lend money directly to and this notice. voting stock of Janus Capital. Each Fund borrow money directly from each other Hearing or Notification of Hearing: An has entered into an investment advisory through a credit facility for temporary order granting the application will be agreement with Janus Capital under purposes (‘‘Interfund Loan’’). issued unless the SEC orders a hearing. which Janus Capital exercises Applicants believe that the proposed Interested persons may request a discretionary authority to purchase and credit facility would substantially hearing by writing to the SEC’s sell securities for the Funds. Janus reduce the Funds’ potential borrowing Secretary and serving applicants with a Capital also provides administrative costs and enhance their ability to earn copy of the request, personally or by services to the Funds. higher rates of interest on short-term mail. Hearing requests should be 2. In 1995, each Fund, Janus Capital lendings. Although the proposed credit received by the SEC by 5:30 p.m. on and Janus Service Corporation, the facility would substantially reduce the December 29, 1997, and should be Funds’ transfer agent, obtained an order Funds’ need to borrow from banks, the accompanied by proof of service on under section 17(d) and rule 17d–1 Funds might also continue to maintain applicants, in the form of an affidavit or, permitting them and certain other committed lines of credit or other for lawyers, a certificate of service. registered investment companies borrowing arrangements with banks. Hearing requests should state the nature (collectively, ‘‘Joint Account The Funds also would continue to of the writer’s interest, the reason for the Participants’’) to deposit uninvested maintain overdraft protection currently request, and the issues contested. cash balances that remain at the end of provided by their custodians. Persons who wish to be notified of a a trading day in one or more joint 6. Applicants anticipate that the hearing may request notification by trading accounts (each a ‘‘Joint credit facility would provide a writing to the SEC’s Secretary. Account’’) to be used to enter into short- borrowing Fund with significant savings term investments. Janus Capital invests when the cash position of the Fund is ADDRESSES: Secretary, SEC, 450 Fifth the cash in the Joint Account as part of insufficient to meet temporary cash Street, N.W., Washington, DC 20549. its duties under its existing advisory requirements. This situation could arise Applicants, Janus Capital Corporation, contract with each Joint Account when redemptions exceed anticipated 100 Fillmore Street, Denver, CO 80206– Participant and does not charge any volumes and the Funds have 4923. additional fee for this service. insufficient cash on hand to satisfy such FOR FURTHER INFORMATION CONTACT: 3. Some Funds may lend money to redemptions. When the Funds liquidate Lisa McCrea, Attorney Adviser, (202) banks or other entities by entering into portfolio securities to meet redemption 942–0562 (Office of Investment repurchase agreements or purchasing requests, which normally are effected Company Regulation, Division of other short-term instruments, either immediately, they often do not receive Investment Management), or Mercer E. directly or through the Joint Account. payment in settlement for up to three Bullard, Special Counsel, (202) 942– Other Funds may borrow money from days (or longer for certain foreign 0659 (Office of Chief Counsel, Division the same or other banks for temporary transactions). The credit facility would of Investment Management). purposes to satisfy redemption requests provide a source of immediate, short- SUPPLEMENTARY INFORMATION: The or to cover unanticipated cash shortfalls term liquidity pending settlement of the following is a summary of the such as a trade ‘‘fail’’ in which cash sale of portfolio securities. application. The complete application payment for a portfolio security sold by 7. Applicants also propose using the may be obtained for a fee at the SEC’s a Fund has been delayed. Currently, the credit facility when a sale of securities Funds have credit arrangements with fails due to circumstances such as a 1 All existing Funds (defined below) that their custodians (i.e., overdraft delay in the delivery of cash to the currently intend to rely on the order have been protection) under which the custodians Fund’s custodian or improper delivery named as applicants, and any other existing or future Funds that subsequently rely on the order may, but are not obligated to, lend instructions by the broker effecting the will comply with the terms and conditions in the money to the Funds to meet the Funds’ transaction. Sales fails may present a application. temporary cash needs. cash shortfall if the Fund has 64608 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices undertaken to purchase a security with money market funds (‘‘Money Market Trustees who are not ‘‘interested the proceeds from securities sold. When Funds’’)) and fund accounting persons’’ of the Funds, as defined in the Fund experiences a cash shortfall department (collectively, the ‘‘Cash section 2(a)(19) of the Act due to a sales fail, the custodian Management Team’’). Under the (‘‘Independent Trustees’’), to ensure that typically extends temporary credit to proposed credit facility, the portfolio both borrowing and lending Funds cover the shortfall and the Fund incurs managers for each participating Fund participate on an equitable basis. overdraft charges. Alternatively, the may provide standing instructions to 13. Janus Capital would administer Fund could fail on its intended participate daily as a borrower or the credit facility as part of its duties purchase due to lack of funds from the lender. As in the case of the Joint under its existing management or previous sale, resulting in additional Account, Janus Capital on each business advisory and service contract with each cost to the Fund, or sell a security on day would collect data on the Fund and would receive no additional a same day settlement basis, earning a uninvested cash and borrowing fee as compensation for its services. lower return on the investment. Use of requirements of all participating Funds Janus Capital or companies affiliated the credit facility under these from the Funds’ custodians. Once it had with it may collect standard pricing, circumstances would enable the Fund to determined the aggregate amount of recordkeeping, bookkeeping and have access to immediate short-term cash available for loans and borrowing accounting fees applicable to repurchase liquidity without incurring custodian demand the Cash Management Team and lending transactions generally, overdraft or other charges. would allocate loans among borrowing including transactions effected through 8. While borrowing arrangements Funds without any further the credit facility. Fees would be no with banks will continue to be available communication from portfolio higher than those applicable for to cover unanticipated redemptions and managers. Applicants expect far more comparable bank loan transactions. sales fails, under the proposed credit available uninvested cash each day than facility a borrowing Fund would pay borrowing demand. All allocations will 14. Each Fund’s participation in the lower interest rates than those offered require approval of at least one member proposed credit facility will be by banks or short-terms loans. In of the Cash Management Team who is consistent with its organizational addition, Funds making short-term cash not the Money Market Funds’ portfolio documents and its investment policies loans directly to other Funds would manager. After Janus Capital has and limitations. The prospectus of each earn interest at a rather higher than they allocated cash for Interfund Loans, it Fund discloses that the Fund may otherwise could obtain from investing will invest any remaining cash in borrow money for temporary purposes their cash through the Joint Account in accordance with the standing in amounts up to 25% of its total assets. repurchase agreements. Thus, instructions from portfolio managers or Each non-Money Market Fund may applicants believe that the proposed return remaining amounts for mortgage or pledge securities as security credit facility would benefit both investment directly by the portfolio for borrowings in amounts up to 15% of borrowing and lending Funds. manager of the Money Market Funds. its net assets. Each of the Money Market 9. The interest rate charged to the The Money Market Funds typically Funds may mortgage or pledge Funds on any Interfund Loan would be would not participate as borrowers securities only to secure permitted the average of the Repo Rate and the because they rarely need to borrow cash borrowings. As a fundamental policy, Bank Loan Rate, as defined below. The to meet redemptions. each Fund may lend securities or other Repo Rate for any day would be the 11. The Cash Management Team assets if, as a result, no more than 25% highest rate available to the Joint would allocate borrowing demand and of its total assets would be lent to other Account Participants from investments cash available for lending among the parties. in overnight repurchase agreements. Funds on what the Team believed to be 15. The prospectus of each Fund The Bank Loan Rate for any day would an equitable basis, subject to certain currently discloses that Funds advised be calculated by Janus Capital each day administrative procedures applicable to by Janus Capital intend to seek an Interfund Loan is made according to all Funds, such as the time of filing permission from the SEC to borrow a formula established by the trustees of requests to participate, minimum loan money from or lend money to each the Funds (the ‘‘Trustees’’) designed to lot sizes, and the need to minimize the other. If applicants’ requested order is approximate the lowest interest rate at number of transactions and associated granted, the Statement of Additional which bank short-term loans would be administrative costs. To reduce Information (‘‘SAI’’) of each Fund will available to the Funds. The formula transaction costs, each loan normally disclose all material facts about would be based upon a publicly would be allocated in a manner intended participation in the credit available rate (e.g., Federal Funds plus intended to minimize the number of facility. All borrowings and loans by the 25 basis points) and would vary with participants necessary to complete the Funds will be consistent with the this rate so as to reflect changing bank loan transaction. loan rates. Each Fund’s Trustees 12. Janus Capital would: (i) Monitor organizational documents and periodically would review the the interest rates charged and the other investment policies of the respective continuing appropriateness of using the terms and conditions of the loans, (ii) Funds. publicly available rate, as well as the limit the borrowings and loans entered 16. In connection with the credit relationship between the benchmark into by each Fund to ensure that they facility, applicants request an order rate and current bank loan rates that comply with the Fund’s investment under (i) section 6(c) of the Act granting would be available to the Funds. The policies and limitations, (iii) ensure relief from sections 18(f) and 21(b) of initial formula and any subsequent equitable treatment of each Fund, and the Act; (ii) section 12(d)(1)(J) of the Act modifications to the formula would be (iv) make quarterly reports to the granting relief from section 12(d)(1) of subject to the approval of each Fund’s Trustees concerning any transactions by the Act; (iii) sections 6(c) and 17(b) of Trustees. the Funds under the credit facility and the Act granting relief from sections 10. The credit facility would be the interest rates charged. The method 17(a)(1) and 17(a)(3) of the Act; and (iv) administered by Janus Capital’s money of allocation and related administrative section 17(d) of the Act and rule 17d– market investment professionals procedures would be approved by each 1 under the Act to permit certain joint (including the portfolio manager for the Fund’s Trustees, including a majority of arrangements. Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64609

Applicants’ Legal Analysis interest at a rate higher than it could note, or similar obligation or instrument 1. Section 17(a)(3) generally prohibits obtain through such other investments; constituting a security and evidencing any affiliated person, or affiliated and (v) the borrowing Fund would pay indebtedness. Applicants request person of an affiliated person, from interest at a rate lower than otherwise exemptive relief from section 18(f)(1) to borrowing money or other property from available to it under its bank loan the limited extent necessary to a registered investment company. agreements and avoid the up-front implement the credit facility (because Section 21(b) generally prohibits any commitment fees associated with the lending Funds are not banks). registered management investment committed lines of credit. Moreover, 7. Applicants believe that granting company from lending money or other applicants believe that the other relief under section 6(c) is appropriate property to any person if that person conditions in the application would because the Funds would remain controls or is under common control effectively preclude the possibility of subject to the requirement of section with the company. Section 2(a)(3)(C) of any Fund obtaining an undue advantage 18(f)(1) that all borrowings of the Fund, over any other Fund. the Act defines an ‘‘affiliated person’’ of including combined credit facility and 4. Section 17(a)(1) generally prohibits another person, in part, to be any person bank borrowings, have at least 300% an affiliated person of a registered directly or indirectly controlling, asset coverage. Based on the conditions investment company, or an affiliated and safeguards described in the controlled by, or under common control person of an affiliated person, from with, the other person. Applicants state application, applicants also submit that selling any securities or other property to allow the Funds to borrow from other that the Funds may be under common to the company. Section 12(d)(1) of the control by virtue of having Janus Capital Funds pursuant to the proposed credit Act generally makes it unlawful for a facility is consistent with the purposes as their common investment adviser. registered investment company to 2. Section 6(c) provides that an and policies of section 18(f)(1). purchase or otherwise acquire any exemptive order may be granted where 8. Section 17(d) and rule 17d–1 security issued by any other investment generally prohibit any affiliated person an exemption is necessary or company except in accordance with the appropriate in the public interest and of a registered investment company, or limitations set forth in that section. affiliated person of an affiliated person, consistent with the protection of Applicants believe that the obligation of investors and the purposes fairly when acting as principal, from effecting a borrowing Fund to repay an Interfund any joint transaction in which the intended by the policy and provisions of Loan may constitute a security under company participates unless the the Act. Section 17(b) authorizes the sections 17(a)(1) and 12(d)(1). Section transaction is approved by the SEC. SEC to exempt a proposed transaction 12(d)(1)(J) provides that the SEC may Rule 17d–1 provides that in passing from section 17(a) provided that the exempt persons or transactions from any upon applications for exemptive relief terms of the transaction, including the provision of section 12(d)(1) if and to from section 17(d), the SEC will consideration to be paid or received, are the extent such exception is consistent consider whether the participation of a fair and reasonable and do not involve with the public interest and the registered investment company in a overreaching on the part of any person protection of investors. Applicants joint enterprise on the basis proposed is concerned, and the transaction is contend that the standards under consistent with the provisions, policies, consistent with the policy of the sections 6(c), 17(b) and 12(d)(1) are investment company as recited in its satisfied for all the reasons set forth and purposes of the Act and the extent registration statement and with the above in support of their request for to which the company’s participation is general purposes of the Act. Applicants relief from sections 17(a)(3) and 21(b) on a basis different from or less believe that the proposed arrangements and for the reasons discussed below. advantageous than that of other satisfy these standards for the reasons 5. Applicants state that section 12(d) participants. discussed below. was intended to prevent the pyramiding 9. Applicants submit that the purpose 3. Applicants submit that sections of investment companies in order to of section 17(d) is to avoid overreaching 17(a)(3) and 21(b) of the Act were avoid duplicative costs and fees by and unfair advantages to investment intended to prevent a party with attendant upon multiple layers of company insiders. Applicants believe potential adverse interests to and investment companies. Applicants that the credit facility is consistent with influence over the investment decisions submit that the proposed credit facility the provisions, policies and purposes of of a registered investment company does not involve these abuses. the Act in that it offers both reduced from causing or inducing the investment Applicants note that there would be no borrowing costs and enhanced returns company to engage in lending duplicative costs or fees to the Funds or on loaned funds to all participating transactions that unfairly inure to the shareholders, and that Janus Capital Funds and their shareholders. benefit of such party and that are would receive no additional Applicants note that each Fund would detrimental to the best interests of the compensation for its services in have an equal opportunity to borrow investment company and its administering the credit facility. and lend on equal terms consistent with shareholders. Applicants assert that the Applicants also note that the purpose of its investment policies and fundamental proposed credit facility transactions do the proposed credit facility is to provide investment limitations. Applicants not raise these concerns because (i) economic benefits for all the therefore believe that each Fund’s Janus Capital would administer the participating Funds. participation in the credit facility will program as a disinterested fiduciary; (ii) 6. Section 18(f)(1) prohibits open-end be on terms which are no different from all Interfund Loans would consist only investment companies from issuing any or less advantageous than that of other of uninvested cash reserves that the senior security except that a company is participating Funds. Fund otherwise would invest in short- permitted to borrow from any bank; Applicants’ Conditions term repurchase agreements or other provided, that immediately after any short-term instruments either directly or such borrowing there is an asset Applicants agree that the order through the Joint Account; (iii) the coverage of at least 300 per centum for granting the requested relief will be Interfund Loans would not involve a all borrowings of the company. Under subject to the following conditions: greater risk than such other investments; section 18(g) of the Act, the term ‘‘senior 1. The interest rates to be charged to (iv) the lending Fund would receive security’’ includes any bond, debenture, the Funds under the credit facility will 64610 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices be the average of the Repo Rate and the value at least equal to 102% of the 12. Janus Capital’s Cash Management Bank Loan Rate. outstanding principal value of the loan. Team will calculate total Fund 2. On each business day, Janus Capital If the total outstanding borrowings of a borrowing and lending demand through will compare the Bank Loan Rate with Fund with outstanding Interfund Loans the credit facility, and allocate loans on the Repo Rate and will make cash exceeds 10% of its total assets for any an equitable basis among the Funds available for Interfund Loans only if the other reason (such as decline in net without intervention of the portfolio Interfund Loan Rate is more favorable to asset value or because of shareholder manager of the Fund (except the the lending Fund than the Repo Rate redemptions), the Fund will within one portfolio manager of the Money Market and more favorable to the borrowing business day thereafter: (a) repay all its Funds acting in her or his capacity as a Fund than the quoted Bank Loan Rate. outstanding Interfund Loans, (b) reduce member of the Cash Management 3. If a Fund has outstanding its outstanding indebtedness to 10% or Team). All allocations will require borrowings, any Interfund Loans to the less of its total assets, or (c) secure each approval of at least one member of the Fund (a) will be at an interest rate equal outstanding Interfund Loan by the Cash Management Team who is not the to or lower than any outstanding bank pledge of segregated collateral with a Money Market Funds’ portfolio loan, (b) will be secured at least on an market value at least equal to 102% of manager. The Cash Management Team equal priority basis with at least an the outstanding principal value of the will not solicit cash for the credit equivalent percentage of collateral to loan until the Fund’s total outstanding facility from any Fund or prospectively loan value as any outstanding bank loan borrowings cease to exceed 10% of its publish or disseminate loan demand that requires collateral, (c) will have a total assets, at which time the collateral data to portfolio managers (except to the maturity no longer than any outstanding called for by this condition (5) shall no extent that the portfolio manager of the bank loan (and in any event not over longer be required. Until each Interfund Money Market Funds has access to loan seven days), and (d) will provide that, Loan that is outstanding at any time that if an event of default occurs under any demand data). Janus Capital will invest a Fund’s total outstanding borrowings any amounts remaining after satisfaction agreement evidencing an outstanding exceeds 10% is repaid or the Fund’s bank loan to the Fund, that event of of borrowing demand in accordance total outstanding borrowings cease to with the standing instructions from default will automatically (without need exceed 10% of its total assets, the Fund for action or notice by the lending Fund) portfolio managers or return remaining will mark the value of the collateral to amounts for investment directly by the constitute an immediate event of default market each day and will pledge such under the Interfund Lending Agreement portfolio manager of the Money Market additional collateral as is necessary to Funds. entitling the lending Fund to call the maintain the market value of the Interfund Loan (and exercise all rights collateral that secures each outstanding 13. Janus Capital will monitor the with respect to any collateral) and that Interfund Loan at least equal to 102% of interest rates charged and the other such call will be made if the lending the outstanding principal value of the terms and conditions of the Interfund bank exercises its right to call its loan loan. Loans and will make a quarterly report under its agreement with the borrowing to the Boards of Trustees concerning the 6. No equity, taxable bond or Money Fund. participation of the Funds in the credit Market Fund may lend to another Fund 4. A Fund may make an unsecured facility and the terms and other through the credit facility if the loan borrowing through the credit facility if conditions of any extensions of credit would cause its aggregate outstanding its outstanding borrowings from all thereunder. sources immediately after the interfund loans through the credit facility to 14. The Trustees of each Fund, borrowing total less than 10% of its total exceed 5%, 7.5% or 10%, respectively, including a majority of the Independent assets, provided that if the Fund has a of its net assets at the time of the loan. Trustees: (a) will review no less secured loan outstanding from any other 7. A Fund’s Interfund Loans to any frequently than quarterly the Fund’s lender, including but not limited to one Fund shall not exceed 5% of the participation in the credit facility during another Fund, the Fund’s interfund lending Fund’s net assets. the preceding quarter for compliance borrowing will be secured on at least an 8. The duration of Interfund Loans with the conditions of any order equal priority basis with at least an will be limited to the time required to equivalent percentage of collateral to receive payment for securities sold to permitting such transactions; (b) will loan value as any outstanding loan that cover either shareholder redemptions or establish the Bank Loan Rate formula requires collateral. If a Fund’s total sales fails, but in no event more than used to determine the interest rate on outstanding borrowings immediately seven days. Loans effected within seven Interfund Loans and review no less after interfund borrowing would be days of each other will be treated as frequently than annually the continuing greater than 10% of its total assets, the separate loan transactions for purposes appropriateness of such Bank Loan Rate Fund may borrow through the credit of this condition. formula; and (c) will review no less facility on a secured basis only. A Fund 9. A Fund’s borrowings through the frequently than annually the continuing may not borrow through the credit credit facility, as measured on the day appropriateness of the Fund’s facility or from any other source if its the most recent loan was made, will not participation in the credit facility. total outstanding borrowings exceed the greater of 125% of the fund’s 15. In the event an Interfund Loan is immediately after the interfund total net cash redemptions and 102% of not paid according to its terms and such borrowing would be more than 25% of sales fails for the preceding seven default is not cured within two business its total assets. calendar days. days from its maturity or from the time 5. Before any Fund that has 10. Each Interfund Loan may be called the lending Fund makes a demand for outstanding interfund borrowings may, on one business day’s notice by the payment under the provisions of the through additional borrowings, cause its lending Fund and may be repaid on any Interfund Lending Agreement, Janus outstanding borrowings from all sources day by the borrowing Fund. Capital will promptly refer such loan for to exceed 10% of its total assets, the 11. A Fund’s participation in the arbitration to an independent arbitrator Fund must first secure each outstanding credit facility must be consistent with selected by the Trustees of any Fund Interfund Loan by the pledge of its investment policies and limitations involved in the loan who will serve as segregated collateral with a market and organizational documents. arbitrator of disputes concerning Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64611

Interfund Loans.2 The arbitrator will rate on any Interfund Loan does not any, matters have been added, deleted resolve any problem promptly, and the exceed the interest rate on any third or postponed, please contact: arbitrator’s decision will be binding on party borrowings of a borrowing Fund at The Office of the Secretary at (202) both Funds. The arbitrator will submit, the time of the Interfund Loan. 942–7070. at least annually, a written report to the After the final report is filed, the Dated: December 4, 1997. Trustees setting forth a description of Fund’s external auditors, in connection Margaret H. McFarland, the nature of any dispute and the with their Fund audit examinations, Deputy Secretary. actions taken by the Funds to resolve will continue to review the operation of [FR Doc. 97–32168 Filed 12–4–97; 11:06 am] the dispute. the credit facility for compliance with BILLING CODE 8010±01±M 16. Each Fund will maintain and the conditions of the application and preserve for a period of not less than six their review will form the basis, in part, years from the end of the fiscal year in of the auditor’s report on internal SECURITIES AND EXCHANGE which any transaction under the credit accounting controls in Form N–SAR. COMMISSION facility occurred, the first two years in 18. No Fund will participate in the an easily accessible place, written credit facility unless it has fully [Release No. 34±39380; File No. SR±OPRA± 97±5] records of all such transactions setting disclosed in its SAI all material facts forth a description of the terms of the about its intended participation. Options Price Reporting Authority; transaction, including the amount, the For the SEC, by the Division of Investment Notice of Filing and Immediate maturity, and the rate of interest on the Management, under delegated authority. Effectiveness of Amendment to OPRA loan, the rate of interest available at the Margaret H. McFarland, Plan Revising the Allocation of time on short-term repurchase Revenues Between OPRA's Basic agreements and commercial bank Deputy Secretary. [FR Doc. 97–32029 Filed 12–5–97; 8:45 am] Accounting Center and OPRA's Index borrowings, and such other information Option Accounting Center presented to the Fund’s Trustees in BILLING CODE 8010±01±M connection with the review required by December 1, 1997. conditions 13 and 14. Pursuant to Rule 11Aa3–2 under the SECURITIES AND EXCHANGE 17. Janus Capital will prepare and Securities Exchange Act of 1934 COMMISSION submit to the Trustees for review an (‘‘Exchange Act’’), notice is hereby given initial report describing the operations Sunshine Act Meeting that on November 5, 1997, the Options of the credit facility and the procedures Price Reporting Authority (‘‘OPRA’’),1 to be implemented to ensure that all Notice is hereby given, pursuant to submitted to the Securities and funds are treated fairly. After the credit the provisions of the Government in the Exchange Commission (‘‘SEC’’ or facility commences operations, Janus Sunshine Act, Pub. L. 94–409, that the ‘‘Commission’’) an amendment to the Capital will report on the operations of Securities and Exchange Commission Plan for Reporting of Consolidated the credit facility at the Trustees’ will hold the following meeting during Options Last Sale Reports and quarterly meetings. the week of December 8, 1997. Quotation Information (‘‘Plan’’). The In addition, for two years following A closed meeting will be held on amendment revises the allocation of the commencement of the credit facility, Thursday, December 11, 1997, at 2:30 revenues between OPRA’s basic the independent public accountant for p.m. accounting center and the index option each Fund that is a registered Commissioners, Counsel to the accounting center. OPRA has designated investment company shall prepare an Commissioners, the Secretary to the this proposal as concerned solely with annual report that evaluates Janus Commission, and recording secretaries administration of the Plan, permitting Capital’s assertion that it has established will attend the closed meeting. Certain the proposal to become effective upon procedures reasonably designed to staff members who have an interest in filing pursuant to Rule 11Aa3–2(c)(3)(i) achieve compliance with the conditions the matters may also be present. under the Exchange Act. The of the order. The report shall be The General Counsel of the Commission is publishing this notice to prepared in accordance with the Commission, or his designee, has solicit comments from interested Statements on Standards for Attestation certified that, in his opinion, one or persons on the amendment. Engagements No. 3 and it shall be filed more of the exemptions set forth in 5 pursuant to Item 77Q3 of Form N–SAR. I. Description and Purpose of the U.S.C. 552b(c) (4), (8), (9)(A) and (10) Amendment In particular, the report shall address and 17 CFR 200.402(a) (4), (8), (9)(i) and procedures designed to achieve the (10), permit consideration of the The purpose of the amendment is to following objectives: (a) that the scheduled matters at the closed meeting. revise revenue allocations under the Interfund Rate will be higher than the Commissioner Unger, as duty officer, Plan between OPRA’s basic accounting Repo Rate but lower than the Bank Loan voted to consider the items listed for the center and the index option accounting Rate; (b) compliance with the collateral closed meeting in a closed session. center. Currently, the Plan provides for requirements as set forth in the The subject matter of the closed 1 application; (c) compliance with the meeting scheduled for Thursday, OPRA is a National Market System Plan percentage limitations on interfund approved by the Commission pursuant to Section December 11, 1997, at 2:30 p.m., will be: 11A of the Exchange Act and Rule 11Aa3–2 borrowing and lending; (d) allocation of Institution and settlement of thereunder. Securities Exchange Act Release No. interfund borrowing and lending injunctive actions. 17638 (Mar. 18, 1981). demand in an equitable manner and in Institution and settlement of The Plan provides for the collection and accordance with procedures established dissemination of last sale and quotation information administrative proceedings of an on options that are traded on the member by the Trustees; and (e) that the interest enforcement nature. exchanges. The five exchanges which agreed to the At times, changes in Commission OPRA Plan are the American Stock Exchange 2 If the dispute involves Funds with separate (‘‘AMEX’’); the Chicago Board Options Exchange Boards of Trustees, the Trustees of each Fund will priorities require alterations in the (‘‘CBOE’’); the New York Stock Exchange (‘‘NYSE’’); select an independent arbitrator that is satisfactory scheduling of meeting items. For further the Pacific Exchange (‘‘PCX’’); and the Philadelphia to each party. information and to ascertain what, if Stock Exchange (‘‘PHLX’’). 64612 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices allocation of revenues on the basis of a accordance with the provisions of 5 II. Self-Regulatory Organization’s 75% allocation to the basic accounting U.S.C. 552, will be available for Statement of the Purpose of, and center and 25% to the index option inspection and copying in the Statutory Basis for, the Proposed Rule accounting center. Because OPRA has Commission’s Public Reference Room. Change not yet unbundled the index option Copies of the filing will also be available In its filing with the Commission, service and has no current plans to do at the principal offices of OPRA. All DTC included statements concerning so, there is no specified portion of the submissions should refer to File No. the purpose of and basis for the system revenues derived from the index SR–OPRA–97–5 and should be proposed rule change and discussed any option service. When OPRA adopted the submitted by December 29, 1997. comments it received on the proposed fixed allocations several years ago, the For the Commission, by the Division of rule change. The text of these statements allocations reflected the relative market Market Regulation, pursuant to delegated may be examined at the place specified share at the time. However, the volume authority.2 in Item IV below. DTC has prepared of index options has decreased relative summaries, set forth in sections A, B, to that of equity options, so that the Margaret H. McFarland, Deputy Secretary. and C below, of the most significant current allocation formula no longer aspects of such statements.3 reflects the relative market share of [FR Doc. 97–31960 Filed 12–5–97; 8:45 am] index and equity options. Therefore, the BILLING CODE 8010±01±M A. Self-Regulatory Organization’s amendment proposes to replace the Statement of the Purpose of, and existing allocation formula with a Statutory Basis for, the Proposed Rule formula that is expressly based on SECURITIES AND EXCHANGE Change current relative market share, so that as COMMISSION The purpose of the proposed rule relative market share changes from time change is to revise DTC’s call lottery to time, it will no longer be necessary [Release No. 34±39373; File No. SR±DTC± procedures for BEO securities.4 to amend the OPRA Plan in order to 97±14] Currently, DTC’s call lottery process maintain a fair and appropriate allocates partially called securities 5 allocation of these revenues. The Self-Regulatory Organizations; The among participants having positions in proposed Plan amendment will change Depository Trust Company; Notice of the called securities based on the the allocations from a fixed basis to a Filing of a Proposed Rule Change participants’ positions on the call relative market share basis until such Relating to Revisions to the publication date.6 Under the proposed time as OPRA might impose separate Procedures for Running Call Lotteries rule change, DTC will run the call charges for access to information and on Issues of Book Entry Only lotteries using participants’ positions as facilities pertaining to index option Securities of the close of business on the day DTC securities. announces the call lottery. The November 28, 1997. II. Solicitation of Comments proposed rule change does not set forth Pursuant to Section 19(b)(1) of the any other amendments to DTC’s call Pursuant to Rule 11Aa3–2(c)(3), the Securities Exchange Act of 1934 lottery procedures. amendment is effective upon filing with (‘‘Act’’),1 notice is hereby given that on DTC believes that changing its the Commission. The Commission may July 2, 1997, The Depository Trust procedures solely for BEO securities summarily abrogate the amendment Company (‘‘DTC’’) filed with the will reduce the number of short within 60 days of its filing and require Securities and Exchange Commission positions without any adverse impact to refiling and approval of the amendment (‘‘Commission’’) the proposed rule by Commission order pursuant to Rule change (File No. SR–DTC–97–14) as 3 The Commission has modified the text of the 11Aa3–2(c)(2), if it appears to the described in Items I, II, and III below, summaries prepared by DTC. Commission that such action is 4 For a discussion of DTC’s call lottery process, which items have been prepared refer to Securities Exchange Act Release Nos. 21523 necessary or appropriate in the public primarily by DTC. The Commission is interest; for the protection of investors (November 27, 1984), 49 FR 47352 (File No. SR– publishing this notice to solicit DTC–84–09) (filing and immediate effectiveness of and the maintenance of fair and orderly comments on the proposed rule change proposed rule change); 30552 (April 2, 1992) 57 FR markets; to remove impediments to, and 12352 (File No. SR–DTC–90–02) (order temporarily from interested persons. perfect the mechanisms of, a National approving a proposed rule change by the DTC relating to the establishment of a procedure to recall Market System; or otherwise in I. Self-Regulatory Organization’s certain deliveries which have created short furtherance of the purposes of the Statement of the Terms of Substance of positions as a result of call lotteries); 35034 Exchange Act. the Proposed Rule Change (November 30, 1994) 59 FR 63396 (File Nos. SR– Interested persons are invited to DTC–94–08 and SR–DTC–94–09) (order granting The purpose of the proposed rule temporary approval of proposed rule changes to submit written data, views, and establish procedures to recall certain deliveries arguments concerning the foregoing. change is to amend DTC’s procedures which have created short positions as a result of Persons making written submissions for running call lotteries for book-entry call lotteries and rejected deposits); and 36651 should file six copies thereof with the only (‘‘BEO’’) issues of securities. Under (December 28, 1995) 61 FR 429 (File No. SR–DTC the revisions, DTC will run lotteries 95–21) (order granting accelerated permanent Secretary, Securities and Exchange approval of a proposed rule change concerning Commission, 450 Fifth Street NW., using its participants’ positions as of the short position reclamation procedures). Washington, DC 20549. Copies of the close of business on the day DTC 5 The terms of certain issues allows the issuer to submission, all subsequent announces the lottery instead of the call call part of the outstanding security for redemption amendments, and all written statements publication date.2 at certain times during the issue’s life. This type of security is referred to as a callable security. Callable with respect to the proposed rule securities are either preferred stock or bonds which change that are filed with the 2 17 CFR 200.30–3(a)(29). the issuer is permitted or required to redeem before Commission, and all written 1 15 U.S.C. 78s(b)(1). the stated maturity. Generally when an issuer calls communications relating to the 2 A copy of DTC’s proposed call lottery a security, the issuer’s trustee publishes notice that procedures is attached as Exhibit A to DTC’s the issue has been called or in the case of registered proposed rule change between the proposed rule change, which is available for securities, mails notice to the registered holders. Commission and any person, other than inspection and copying at the Commission’s Public 6 The call publication date is the date on which those withheld from the public in Reference room or through DTC. the issuer gives notice of the redemption. Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64613 its participants because DTC believes Register or within such longer period: (‘‘Act’’),1 and Rule 19b–4 thereunder,2 that the publication date is less relevant (i) as the Commission may designate up notice is hereby given that on November to BEO securities than other types of to ninety days of such date if it finds 26, 1997, the New York Stock Exchange, securities. According to DTC, issuers of such longer period to be appropriate Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with BEO securities generally do not publish and publishes its reasons for so finding; the Securities and Exchange partial call notices. Instead, the issuers or (ii) as to which DTC consents, the Commission (‘‘SEC’’ or ‘‘Commission’’) inform DTC of the call notice because Commission will: the proposed rule change as described DTC is the securities’ holder of record. (A) By order approve such proposed in Items I, II and III below, which Items DTC will then notify its participants. rule change; or have been prepared by the self- While an issuer may inform DTC of a (B) Institute proceedings to determine regulatory organization. The publication date, DTC believes that this whether the proposed rule change Commission is publishing this notice to is done only for purposes of DTC’s should be disapproved. solicit comments on the proposed rule lottery and that the date has no real IV. Solicitation of Comments change from interested persons. significance. As a result of the expected I. Self-Regulatory Organization’s fewer short positions, DTC believes that Interested persons are invited to submit written data, views, and Statement of the Terms of Substance of its participants will save on depository arguments concerning the foregoing. the Proposed Rule Change charges which are 130 percent of the Persons making written submissions current market value of short positions. The proposed rule change extends the should file six copies thereof with the DTC’s participants also will save on the effectiveness of the pilot program Secretary, Securities and Exchange costs associated with reconciling short relating to the Exchange’s Allocation Commission, 450 Fifth Street, N.W., positions and the costs associated with Policy and Procedures until January 16, Washington, D.C. 20549. Copies of the purchasing securities to cover short 1998. The text of the proposed rule submission, all subsequent positions. change is available at the Office of the amendments, all written statements DTC believes that the proposed rule Secretary, the NYSE, and at the with respect to the proposed rule Commission. change is consistent with the change that are filed with the requirements of the Section 17A(b)(3)(F) Commission, and all written II. Self-Regulatory Organization’s of the Act and the rules and regulations communications relating to the Statement of the Purpose of, and thereunder because it promotes proposed rule change between the Statutory Basis for, the Proposed Rule efficiencies in the prompt and accurate Commission and any person, other than Change clearance and settlement of securities those that may be withheld from the transactions. In its filing with the Commission, the public in accordance with the self-regulatory organization included (B) Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be statements concerning the purpose of Statement on Burden on Competition available for inspection and copying in and basis for the proposed rule change the Commission’s Public Reference DTC does not believe that the and discussed any comments it received Section, 450 Fifth Street, N.W., proposed rule change will impose any on the proposed rule change. The text Washington, D.C. 20549. Copies of such burden on competition that is not of these statements may be examined at filing will also be available for necessary or appropriate in furtherance the places specified in Item IV below. inspection and copying at the principal of the purposes of the Act. The self-regulatory organization has office of DTC. All submissions should prepared summaries, set forth in (C) Self-Regulatory Organization’s refer to the file number SR–DTC–97–14 Sections A, B, and C below, of the most Statement on Comments on the and should be submitted by December significant aspects of such statements. Proposed Rule Change Received From 29, 1997. Members, Participants or Others For the Commission by the Division of A. Self-Regulatory Organization’s Statement of the Purpose of, and DTC has solicited participant Market Regulation, pursuant to delegated 8 Statutory Basis for, the Proposed Rule comments on the proposed rule change. authority. Change It has taken into account participant Margaret H. McFarland, responses to earlier proposed Deputy Secretary. 1. Purpose [FR Doc. 97–31962 Filed 12–5–97; 8:45 am] alternatives to revising the call lottery The purpose of the proposed rule procedures in developing this rule BILLING CODE 8010±01±M change is to extend the effectiveness of change. The Reorganization Division a pilot program relating to the Inc. of the Securities Industry Exchange’s Allocation Policy and Association wrote DTC to express its SECURITIES AND EXCHANGE COMMISSION Procedures. The Exchange’s Allocation support for revising the call lottery Policy and Procedures are intended: (1) 7 procedures for BEO securities. [Release No. 34±39368; File No. SR±NYSE± To ensure that securities are allocated in III. Date of Effectiveness of the 97±32] an equitable and fair manner and that Proposed Rule Change and Timing for Self-Regulatory Organizations; Notice all specialist units have a fair Commission Action of Filing and Immediate Effectiveness opportunity for allocations based on established criteria and procedures; (2) Within thirty-five days of the date of of Proposed Rule Change by the New to provide an incentive for ongoing publication of this notice in the Federal York Stock Exchange, Inc. Relating to Extension of the Pilot for Allocation enhancement of performance by specialist units; (3) to provide the best 7 Letter from Brad F. Lesowitz, President, Policy and Procedures Reorganization Division, Inc., Securities Industry possible match between specialist unit Association to Donald F. Donahue, Executive Vice November 26, 1997. and security; and (4) to contribute to the President, DTC (April 4, 1997). A copy of the letter Pursuant to Section 19(b)(1) of the strength of the specialist system. is attached as Exhibit C to DTC’s proposed rule change, which is available for inspection and Securities Exchange Act of 1934 copying at the Commission’s Public Reference room 1 15 U.S.C. 78s(b)(1). or through DTC. 8 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. 64614 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

The Exchange recently implemented, equitable principles of trade, to remove necessary or appropriate in the public on a pilot basis, a revised Allocation impediments and to perfect the interest, for the protection of investors, Policy and Procedures to amend the mechanism of a free and open market or otherwise in furtherance of the procedures by which the Exchange and a national market system and, in purposes of the Act. selects a specialist for newly listing general, to protect investors and the The Commission finds good cause for companies.3 The Exchange’s pilot public interest. The Exchange believes program provides listing companies that extending the effectiveness of the the proposed rule change to become with two options, either: (1) to have Allocation Policy and Procedures until operative prior to the thirtieth day after their specialist unit selected by the January 16, 1998 is consistent with the date of the filing, November 26, Allocation Committee according to these objectives in that they enable the 1997. The Commission notes that existing allocation criteria, with Exchange to further enhance the process accelerating the operative date of the company input permitted in the form of by which stocks are allocated between proposed rule change will enable the a ‘‘generic letter’’ which may describe specialist units to ensure fairness and Exchange to continue its Allocation desired general characteristics of a equal opportunity in the process. Policy and Procedures pilot program on specialist unit, but may not mention an uninterrupted basis. The B. Self-Regulatory Organization’s particular units or describe Commission further notes that it has Statement on Burden on Competition characteristics that would be applicable previously solicited comments on the to a readily identifiable specialist unit; The Exchange does not believe that pilot program and no comments were or (2) to make the final selection of a the proposed rule change will impose received. Further, the extension of the specialist unit from among three to five any burden on competition that is not existing pilot is of limited duration, units selected by the Allocation necessary or appropriate in furtherance only until January 16, 1998. For the Committee, with a generic letter from of the purposes of the Act. foregoing reasons, the proposed rule the company describing desired C. Self-Regulatory Organization’s change will become operative on specialist unit characteristics permitted, Statement on Comments on the November 28, 1997. as in (1) above. In the case of both Proposed Rule Change Received From options, if a generic letter is submitted, Members, Participants or Others IV. Solicitation of Comments the letter would be distributed to all specialist units along with allocation The Exchange has neither solicited Interested persons are invited to data sheets (‘‘green sheets’’). nor received written comments on the submit written data, views and On October 6, 1997, the Commission proposed rule change. arguments concerning the foregoing. approved an extension of the pilot III. Date of Effectiveness of the Persons making written submissions program until November 28, 1997 to Proposed Rule Change and Timing for should file six copies thereof with the continue to study its effects.4 On Commission Action Secretary, Securities and Exchange October 20, 1997, the NYSE requested Commission, 450 Fifth Street, NW., The Commission finds that the that the Commission grant permanent Washington, D.C. 20549. Copies of the proposed rule change has become approval of the Allocation Policy and submission, all subsequent Procedures, as amended.5 The proposed effective pursuant to Section 19(b)(3)(A) of the Act 7 and Rule 19b–4(e)(6) 8 amendments, all written statements amendments relate to sections of the with respect to the proposed rule policy dealing with listing company thereunder because it does not significantly affect the protection of change that are filed with the input, spin-offs and related companies. Commission, and all written Subsequently, Commission staff investors or the public interest and does communications relating to the determined that the Commission not impose any significant burden on proposed rule change between the required more time to consider the competition. The Exchange requests that Exchange’s request to make permanent the Commission waive the provision in Commission and any person, other than 9 the amendments to the Allocation Rule 19b–4(e)(6)(iii) requiring written those that may be withheld from the Policy and Procedures. Therefore, at the notice of the NYSE’s intent to file the public in accordance with the request of Commission staff, the proposed rule change at least five days provisions of 5 U.S.C. 552, will be Exchange proposes to extend the prior to the filing date. The Commission available for inspection and copying in Allocation Policy and Procedures pilot grants the Exchange’s request to waive the Commission’s Public Reference program until January 16, 1998. the prefiling requirement because the Room, 450 Fifth Street, NW, proposed merely continues an existing Washington, D.C. 20549. Copies of such 2. Statutory Basis pilot program for a limited duration. filing will also be available for The NYSE believes the proposed rule A proposed rule change filed under inspection and copying at the principal change is consistent with the Rule 19b–4(e) does not become office of the NYSE. All submissions requirements of Section 6(b)(5) of the operative prior to thirty days after the should refer to File No. SR–NYSE–97– date of filing or such shorter time as the Act 6 that an Exchange have rules that 32 and should be submitted by Commission may designate if such are designed to promote just and December 29, 1997. action is consistent with the protection 3 See Securities Exchange Act Release No. 38372 of investors and the public interest. At For the Commission, by the Division of (March 7, 1997), 62 FR 13421 (March 21, 1997) any time within 60 days of the filing of Market Regulation, pursuant to delegated (notice of filing and immediate effectiveness of File the proposed rule change, the authority.10 No. SR–NYSE–97–04). Commission may summarily abrogate Margaret H. McFarland, 4 See Securities Exchange Act Release No. 39206, such rule change if it appears to the 62 FR 53679 (October 15, 1997) (order approving Deputy Secretary. File No. SR–NYSE–97–27). Commission that such action is [FR Doc. 97–32027 Filed 12–5–97; 8:45 am] 5 See Securities Exchange Act Release No. 39288 BILLING CODE 8010±01±M (October 30, 1997), 62 FR 60297 (November 7, 1997) 7 15 U.S.C. 78s(b)(3)(A). (noticing File No. SR–NYSE–97–30). 8 17 CFR 240.19b–4(e)(6). 6 15 U.S.C. 78f(b)(5). 9 17 CFR 240.19b–4(e)(6)(iii). 10 17 CFR 200.30–3(a)(12). Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64615

SECURITIES AND EXCHANGE (1) In Phase I, the Exchange communications between two hand- COMMISSION supervised and monitored three ‘‘proof- held devices on the floor. of-concept’’ pilot programs on the floor As during the pilot programs, the [Release No. 34±39379; File No. SR±NYSE± of the Exchange. Exchange will continue to prohibit 97±17] (2) In Phase II, the Exchange wireless data communications either monitored and supervised additional, from a booth terminal or from a location Self-Regulatory Organizations; New more structured, pilot testing of on the trading floor to a location off of York Stock Exchange, Inc.; Order independent wireless data the floor. However, the same as under Granting Approval to Proposed Rule communications services, including that the pilot programs, a member Change to Amend the Exchange's offered by the Exchange. subscribing to a wireless data Wireless Data Communications (3) In Phase III, the Exchange will communications service, whether from Initiatives conduct on the floor a preproduction the Exchange or from a private vendor, December 1, 1997. pilot test of its wireless data may effect communications between a communications system infrastructure, floor booth terminal and a member’s off- I. Introduction will supervise the installation and floor system in the same ‘‘wired’’ On May 28, 1997, the New York Stock testing of the infrastructure and will manner as it can today, subject to Exchange, Inc. (‘‘NYSE’’ or ‘‘Exchange’’) move its own wireless data applicable rules and policies. In submitted to the Securities and communications system to the addition, the subscribing member’s Exchange Commission (‘‘Commission’’), infrastructure. In addition, the Exchange booth terminal may interface with the pursuant to Section 19(b)(1) of the will continue to allow pilot testing of Exchange’s Common Message Switch Securities Exchange Act of 1934 private vendors’ wireless data (‘‘CMS’’) in order to allow the member (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a communications services. to enter orders into the Exchange’s proposed rule change to modify certain (4) In Phase IV, the Exchange will SuperDOT System complex. That aspects of its program for the use of direct the production roll-out of the interface would not differ from today’s wireless data communications wireless data communications booth/CMS interfaces and would be technology that allows a member in a infrastructure and the migration of subject to existing CSM interface trading crowd or elsewhere on the vendors to the infrastructure. standards. trading floor to communicate with other The Exchange had completed Phase I Next, the Exchange proposes to only locations on the floor by means of a prior to the time of its submission of the provide access to its wireless hand-held wireless device. 1995 Filing. Since then, the Exchange communications infrastructure to Notice of the proposed rule change, has completed Phase II and recently vendors that are member organizations. together with the substance of the entered into Phase III. The Exchange anticipates that some Specifically, the purposes of the proposal, was published for comment in member organizations that are proposed rule change are: (1) To modify Securities Exchange Act Release No. interested in vending those services will the types of wireless data 38786 (June 30, 1997), 62 FR 36597 (July enter into contracts with non-member communications that the Exchange will 8, 1997). No comments were received on organizations (e.g., traditional wireless permit over the infrastructure; (2) to the proposal. This order approves the data device vendors that desire to clarify that a vendor cannot provide proposed rule change. function as agents or contractors of the wireless data communications services member organization) and that those II. Description to Exchange members unless it is a contracts will delegate many of the In 1995, the Committee approved a member organization of the Exchange; service functions to those other entities. proposed rule change of the Exchange 3 and (3) to introduce the forms of The Exchange is willing to permit that that allowed the Exchange to introduce agreement and provisions pursuant to use of agents and contractors, so long as wireless data communications which the Exchange will allow vendors the member organization remains technology onto the Exchange trading and member organizations to provide responsible for the performance of those floor. The Exchange believes that such wireless data communications services functions and guarantees the technology expedites, and makes more to members on the trading floor of the performance of the agents and efficient, the process by which members Exchange in the production roll-out contractors. Additionally, the Exchange included receive and execute orders. The environment. First, the Exchange proposes to as part of the 1995 Filing, a form of technology involves the floor-based use modify the types of wireless agreement (the ‘‘Pilot Program Vendor of wireless hand-held data communications permitted over the Form’’) pursuant to which the Exchange communications devices. To effect that infrastructure. The 1995 Filing specified would allow vendors of wireless data initiative, the Exchange undertook to as follows: communications services to provide develop and install a wireless data those services to Exchange members for communications infrastructure on its A vendor’s Phase II pilot program must restrict wireless data communications to the purposes of the Phase I and Phase floor. It determined to allow private II pilot testing. Now that the pilot vendors, as well as the Exchange itself, communications between a hand-held device used by a member on the floor and a terminal testing period is completed, the to offer hand-held device services to in a floor booth location. The Exchange will Exchange has derived from the Pilot Exchange members. prohibit all floor-based wireless data Program Vendor Form two different As described at length in the 1995 communications between any other points. forms of agreement that are designed for Filing, the Exchange’s plan has been to The Exchange limited use by member organizations that wish introduce the new technology in four communications during the Phase II to provide wireless data phases: pilot programs to communications communications services to members in between a booth terminal and a floor- the Exchange’s production roll-out 1 15 U.S.C. 78s(b)(1). based hand-held device and will wireless data communications 2 17 CFR 240.19b–4. 3 Securities Exchange Act Release No. 35931 continue that limitation during Phase III environment. One of those forms (the (June 30, 1995), 60 FR 35767 (July 11, 1995) (‘‘1995 pilot programs. However, the Exchange ‘‘Associated Member Form’’) allows a Filing’’). proposes the ultimate addition of member organization to provide such 64616 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices services to members that are officers, that require the vendor to provide requirements in an Attachment B to the partners and employees of the member wireless data communications services Pilot Program Vendor Form. For the organization. The other form (the only on unbiased, non-discriminatory purpose of the Revised Vendor Form, ‘‘Revised Vendor Form’’) allows a grounds; and (2) the provision that the Exchange is proposing to amend member organization to provide such limits the scope of any pilot program to those contract requirements in the services to other members. 25 members. manner set forth in Attachment B to The primary differences of substance The Revised Vendor Form also will Exhibit A (the ‘‘Revised Vendor-Member between the Pilot Program Vendor Form eliminate the provision that prohibits a Agreement Terms’’). The amendments: and the Revised Vendor Form are as vendor from representing that it is the reflect the fact that the Exchange will follows. The Revised Vendor Form sole vendor of wireless data now permit communications between eliminates: (1) References to the creation communications services on the members using hand-held devices at and installation of the infrastructure; (2) Exchange floor. Finally, the Exchange two different locations on the floor; permission to use radio bands other proposes to add to the Revised Vendor remove the requirement that the vendor- than that which the Exchange provides Form a provision that prohibits a member agreement must govern the six through its infrastructure; (3) a vending member organization from prescribed elements of the relationship; requirement that members migrate to introducing its service, or from remove the Exchange-imposed the infrastructure once it becomes modifying its equipment or termination requirements for available; and (4) a limited Exchange transmission methodology, until the terminations by the vendor or the obligation to support the Exchange has seen the service or the subscribing member; and add that NYSE communications equipment of private modification operate satisfactorily. In rules apply. vendors. addition, the Revised Vendor Form For the production roll-out phase, the Also, the Revised Vendor Form grants the Exchange the right to test a Exchange has prepared the Associated clarifies that only member organizations service and related equipment.5 Member Form for use by a member may vend wireless data The vendor agreement form requires organization that wishes to provide communications services on the the vendor to prepare a description of wireless data communications services Exchange’s floor, but allows the member its service for attachment to the form. on the Exchange’s trading floor solely to organization to delegate functions to Attachment A to the form (‘‘the Revised officers, partners and employees of the agents and contractors, so long as the Vendor Service Description’’) sets forth member organization that are Exchange member organization guarantees the the information that the Exchange members.8 performance of the agents and requires the vendor to include in the The Associated Member Form contractors. The Revised Vendor Form service description. The Exchange contains provisions that are almost will allow communications between proposes to eliminate, from that identical in substance to those found in members using hand-held devices at required information, information that the Revised Vendor Form, except that two different locations on the trading completion of the infrastructure makes the Associated Member Form requires floor, as well as between a member irrelevant. In addition, the Exchange the member organization to take using a hand-held device on the floor proposes to add to those required items responsibility for the actions of its and a member at a booth terminal, as the of information the vendor’s method and members and to assure that its members Exchange permitted in the pilot location for storing devices when not in will comply with all provisions of the programs. use. Furthermore, the Exchange Form as well as with relevant laws, In addition, the Revised Vendor Form proposes to clarify that among the rules rules and regulations. For that reason, will not contain the restriction on and regulations with which the vendor the Exchange does not propose to participating vendors that they refrain is required to comply are all health and require the member organization to enter into an agreement with a from discriminating among the members safety standards.6 to whom they are willing to provide As an important element of the Pilot subscriber to its wireless data their vendor services.4 The Exchange Program Vendor Form, the Exchange communications service if the believes that the completion of the required a vendor of a Phase I or II pilot subscriber is an Exchange member that infrastructure means that the technology program to provide its service to a is an officer, partner or employee of the necessary to allow every member to member only pursuant to a written member organization. As a result, the enjoy wireless data communications contract with the member. The Exchange does not propose to impose services will be available, whether from Exchange required that contract to on the member organization a set of a vending member organization or from govern six elements of the vendor- terms and conditions—for application the Exchange. In Phase IV, the member relationship 7 and to include between the member organization and production roll-out phase, the Exchange certain provisions designed to protect its members—that parallel those set will therefore allow vending member the interests of the Exchange and its forth in the Revised Vendor-Member organizations to enter into such wireless members. The Exchange set forth those Agreement Terms. However, the data communications arrangements proposed rule change does add to the with members as they may see fit. For 5 Finally, the proposed rule change provides that: Associated Member Form a paragraph instance, a member organization may the NYSE is not liable to the vendor, any similar to one found in the Revised vend a wireless data communication Authorized Service Recipient, or any other person, Vendor-Member Agreement Terms for lost profits; and that the vendor cannot represent stating that if the Exchange determines service to Exchange members, but may that the NYSE provides the service, except for the offer preferential terms and conditions infrastructure and certain other equipment in that any Associated Member has failed to members with which it is affiliated. support of the wireless data communications to comply with the rules, policies and As a result, the Revised Vendor Form services. will eliminate: (1) the several provisions 6 The service description as so amended (the 8 A copy of the Associated Member Form is ‘‘Revised Vendor Service Description’’) is set forth attached to the filing as Exhibit B. Attached as found in the Pilot Program Vendor Form in Attachment A to Exhibit A of the rule filing. Attachment A to that form is a service description 7 Responsibility for losses; training; system (the ‘‘Associated Member Service Description’’), 4 The Commission notes that the anti- maintenance and support; technological limitations; modified from the Revised Vendor Service discrimination restrictions will still apply through the availability of equipment and spare parts; and Description as necessary to reflect the associated the completion of Phrase III. service charges. member context. Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64617 procedures of the NYSE, the different positions on the floor is wireless data communications Commission, or the Federal consistent with the Act and the original infrastructure. Communications Commission (‘‘FCC’’), pilot approval because it will expedite In addition, because the Exchange then the vendor (customer) has to stop and allow for more efficient processing limited the scope of the Phase I and II providing the Service to that Associated of orders and dissemination of pilot programs and will similarly limit Member immediately, upon notice to information among members on the Phase III pilot programs, the Exchange the customer or after a reasonable floor, by eliminating the current insisted that each participating vendor amount of time after notice. necessary step of communicating with refrain from discriminating among the As in respect of Phase II, the the booth terminal. A member may rely members to whom it was willing to Exchange reserves the right to limit the on the information it receives from provide its pilot service through the end number of vendors that may provide another member on the floor through a of Phase III. However, the completion of wireless data communications systems hand-held wireless device to make the infrastructure means that the on the floor during Phase IV, based on trading decisions, without having to technology necessary to allow every the ability of the Exchange to maintain first communicate with the booth. The member to enjoy wireless data its regulatory oversight responsibilities Commission notes the pilot testing has communications services will be in a satisfactory manner. In addition, as demonstrated that the Exchange’s available, whether from a vending the Exchange gains experience with the wireless data communications member organization or from the use of wireless data communications infrastructure has the capacity to Exchange. Therefore, in Phase IV, the technology on its floor, it may accommodate those communications. production roll-out phase, the proposed determine that additional restrictions, The Commission also notes that the rule change will allow vending member such as in respect of permissible restriction will still apply that any order organizations to enter into such wireless transmissions or hardware, are or information coming from off the floor data communications arrangements warranted. must go to a booth terminal before it can with members as they may see fit. The The Exchange does not currently plan be transmitted to someone on the floor Commission believes that this portion of to charge vendors or Exchange members of the Exchange. the proposed rule change will not result or member organizations for the The Commission also believes that it in unfair discrimination between privilege of providing wireless data is consistent with the Act to allow the customers, issuers, brokers, and dealers, communications services during Phase Exchange to provide access to its in part because the NYSE’s own system IV, although it reserves its right to do so. wireless data communications will be available to everyone,12 which If the Exchange does determine to infrastructure only to vendors that are means that a member will always be impose Phase IV charges or any other member organizations because only able to have access to wireless data charges, it would first seek Commission communication services. The approval of any such charge. member organizations are subject to the Exchange’s Constitution, rules, and Commission notes that eliminating the III. Discussion oversight. The Exchange notes that the non-discriminatory requirements allows The Commission finds that the only vendors that participated in both vendors and potential customer/ proposed rule change is consistent with wireless data communications service members to negotiate more freely the requirements of the Act and the pilot tests during Phases I and II were regarding various aspects of the service. rules and regulations thereunder a member organization of the Exchange The Commission believes that the applicable to a national securities and a party affiliated with a member proposed rule change that eliminates exchange, and, in particular, with the organization of the Exchange. It is from the Revised Vendor Form the requirements of Section 6(b).9 unlikely that this restriction will provision that prohibits a vendor from Specifically, the Commission believes dampen the availability of available representing that it is the sole vendor of the proposal is consistent with the vendors, given that member wireless data communications services Section 6(b)(5)10 requirements that the organizations will be allowed to on the Exchange floor is reasonable rules of an exchange be designed to contract out the provided vendor under the Act because the Exchange promote just and equitable principles of services. feels certain that all members will be trade, to foster cooperation and The Commission believes that the aware that the Exchange and certain coordination with persons engaged in proposed changes to the Pilot Program member organizations will provide regulating, processing information with Vendor form, resulting in two separate service alternatives.13 respect to, and facilitating transactions forms, the Revised Vendor Form and the Finally, the Commission believes that in securities, to remove impediments to Associated Member Form, are consistent the addition to the Revised Vendor and perfect the mechanisms of a free with the Act. The Commission believes Form of a provision that prohibits a and open market and a national market that the proposed changes that eliminate vending member organization from system, and, in general, to protect references to the creation and introducing its service, or from investors and the public, by continuing installation of the infrastructure, modifying its equipment or to expedite and improve the efficiency permission to use radio bands other transmission methodology, until the of the process by which members than that which the Exchange provides Exchange has seen the service or the receive and execute orders on the floor through its infrastructure, the modification operate satisfactorily, and of the Exchange.11 requirement that members migrate to allows the Exchange to test the service The Commission believes that the infrastructure once it becomes allowing communications between two available, and a limited Exchange 12 Phone call between Santo Famularo, NYSE and hand-held devices located at two Heather Seidel, Attorney, Market Regulation, obligation to support the Commission, on October 3, 1997. communications equipment of private 13 The Exchange has represented that it will 9 15 U.S.C. 78f(b). vendors, are reasonable because the circulate a bulletin to its members informing them 10 15 U.S.C. 78f(b)(5). Exchange will use the Revised Vendor that there will be service alternatives through 11 In approving this rule, the Commission notes Exchange members and the Exchange itself. that it has considered the proposed rule’s impact on Form in an environment in which the Telephone conversation between Santo Famularo, efficiency, competition, and capital formation. 15 Exchange will already have completed NYSE, and Heather Seidel, Attorney, Market U.S.C. 78c(f). the development and installation of its Regulation, Commission, on November 25, 1997. 64618 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices or related equipment, is consistent with the actions of its members and to assure ADDRESSES: The meeting will be held at the Act. The Commission believes that that its members will comply with all the Department of Commerce in Room this change gives the Exchange provisions of the Form as well as with 4830, located at 14th Street and sufficient authority to oversee its relevant laws, rules and regulations. For Constitution Avenue, N.W., infrastructure by strengthening the that reason, the Exchange does not Washington, D.C., unless otherwise Exchange’s contractual safeguards at a propose to require the member notified. time 14 when the Exchange will allow organization to enter into an agreement FOR FURTHER INFORMATION CONTACT: vendors to have access to the with a subscriber to its wireless data Millie Sjoberg, Department of Exchange’s infrastructure, unlike Phases communications service if the Commerce, 14th St. and Constitution I and II, and when the Exchange may subscriber is an Exchange member that Ave., N.W., Washington, D.C. 20230, not have the same degree of is an officer, partner or employee of the (202) 482–4792 or Bill Daley, Office of communication with vending member member organization; as a result, the the United States Trade Representative, organizations as it has had during the proposed rule change does not impose 600 17th St. N.W., Washington, D.C. earlier phases.15 on the member organization a set of 20508, (202) 395–6120. The Commission believes that the terms and conditions that parallel those SUPPLEMENTARY INFORMATION: The ISAC Revised Vendor-Member Agreement set forth in the Revised Vendor-Member 14 will hold a meeting on December 15, 16 17 Terms are consistent with the Act. Agreement Terms. The Commission 1997 from 9:15 a.m. to 4:00 p.m. The The proposed change that will remove believes that this portion of the meeting will include a review and the requirement that the vendor-member proposed rule change is consistent with discussion of current issues which agreement must govern the six the Act because it still provides for influence U.S. trade policy. Pursuant to prescribed elements of that relationship sufficient control over the vendor- Section 2155(f)(2) of Title 19 of the is reasonable under the Act because it customer relationship and notes that the United States Code and Executive Order allows both the vendor and the member proposed rule change does provide that 11846 of March 27, 1975, the Office of greater flexibility in fashioning a service the vendor must terminate its the U.S. Trade Representative has agreement that is agreeable to both relationship with an Associated Member determined that part of this meeting will parties. Now that there will be no whom the Exchange has determined has be concerned with matters the restriction on the number of customers failed to comply with the rules, policies, disclosure of which would seriously 18 a vendor may have, and the and procedures of the NYSE, the compromise the development by the Exchange’s service will be available to Commission, or the FCC. United States Government of trade all parties who wish to utilize it, it is IV. Conclusion policy, priorities, negotiating objectives reasonable to allow the vendors and or bargaining positions with respect to members more freedom in structuring It is therefore ordered, pursuant to the operation of any trade agreement 20 their service agreements, within the Section 19(b)(2) of the Act, that the and other matters arising in connection boundaries set forth in the Revised proposed rule change (SR–NYSE–97– with the development, implementation Vendor Form and its attachments. Also, 17) is approved. and administration of the trade policy of the provision that adds that the NYSE For the Commission, by the Division of the United States. During the discussion Constitution and rules apply is Market Regulation, pursuant to delegated authority.21 of such matters, the meeting will be consistent with the Act because the closed to the public from 1:00 p.m. to Margaret H. McFarland, NYSE is charged with ensuring that its 4:00 p.m. The meeting will be open to members (and hence, the vendors and Deputy Secretary. the public and press from 9:15 a.m. to their customers) comply with the NYSE [FR Doc. 97–32028 Filed 12–5–97; 8:45 am] 1:00 p.m. when other trade policy issues rules. BILLING CODE 8010±01±M will be discussed. Attendance during The Commission notes that the this part of the meeting is for Associated Member Form contains observation only. Individuals who are provisions that are almost identical in OFFICE OF THE UNITED STATES not members of the committee will not substance to those found in the Revised TRADE REPRESENTATIVE be invited to comment. Vendor Form.19 However, under the Pate Felts, proposed rule change, the Associated Notice of Meeting of the Industry Member Form requires the member Sector Advisory Committee on Small Acting Assistant United States Trade organization to take responsibility for Representative, Intergovernmental Affairs and Minority Business (ISAC±14) and Public Liaison. [FR Doc. 97–31950 Filed 12–5–97; 8:45 am] 14 The Commission notes that the Revised Vendor AGENCY: Office of the United States Form is to be used only during Phase IV. Trade Representative. BILLING CODE 3190±01±M 15 The Commission believes that the proposed ACTION: Notice of meeting. changes to the Revised Vendor Service Description, which sets forth the information that the Exchange SUMMARY: The Industry Sector Advisory OFFICE OF THE UNITED STATES requires the vendor to include in the service TRADE REPRESENTATIVE description, are consistent with the Act because the Committee on Small and Minority proposed changes eliminate the requirement of Business (ISAC 14) will hold a meeting certain information that completion of the on December 15, 1997 from 9:15 a.m. to Trade Policy Staff Committee; Public infrastructure makes irrelevant. 4:00 p.m. The meeting will be open to Comments on the Triennial Review of 16 See supra note 7 and accompanying text. the public from 9:15 a.m. to 1:00 p.m. the World Trade Organization 17 The proposed rule change that permits and closed to the public from 1:00 p.m. Agreement on the Application of communications between members using hand-held Sanitary and Phytosanitary Measures devices at two different locations on the floor is to 4:00 p.m. incorporated into this document and is consistent DATES: The meeting is scheduled for (the ``SPS Agreement'') with the Act for the same reasons discussed above. December 15, 1997, unless otherwise 18 ACTION: Notice and request for The vendor must still not exceed capacity. notified. 19 Therefore, the Commission believes that the comments. reasoning behind approving the changes to the Revised Vendor Form also applies to the Associated 20 15 U.S.C. 78s(b)(2). SUMMARY: The Trade Policy Staff Member Form, for the similar proposed changes. 21 17 CFR 200.30–3(a)(12). Committee (TPSC) is requesting written Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64619 public comments with respect to the Agreement on Agriculture, which member is required to adopt an review by the World Trade Organization requires the elimination of many non- international standard if doing so would (WTO) Committee on Sanitary and tariff barriers and the phased reduction result in a lower level of human, animal Phytosanitary Measures (the ‘‘SPS of tariffs on agricultural products, is or plant health protection than that Committee’’) of the Agreement on the providing significant new market access government has determined to be Application of Sanitary and opportunities for U.S. agricultural appropriate. Phytosanitary Measures (the ‘‘SPS exports. In the SPS Committee, the United The United States was aware during Agreement’’). At the conclusion of the States has pushed aggressively for full the Uruguay Round that unjustified Uruguay Round, the WTO signatories and effective implementation of WTO agreed to review the SPS Agreement sanitary and phytosanitary (SPS) measures have often restricted U.S. members’ commitments under the SPS three years after its entry into force. The Agreement. For example, the United review is expected to focus on progress agricultural exports, even after tariffs or other non-tariff barriers have been States has provided strong leadership in in implementing the SPS Agreement, promoting implementation of the including provisions relating to the reduced or eliminated. To address this problem, the SPS Agreement was Agreement’s transparency and requirement that measures be based on notification provisions, in order to science and risk assessment, to negotiated to ensure that WTO members ensure effective surveillance of WTO transparency and notification would not impose protectionist trade members’ SPS measures. Members’ procedures, harmonization of barriers disguised as SPS measures. The notifications of new SPS measures and international sanitary and phytosanitary importance of the SPS Agreement to other important information are now standards, and distinctions between the agricultural trade is reflected in Article available on the WTO’s internet home levels of sanitary and phytosanitary 14 of the Agreement on Agriculture, page (http://www.wto.org). The SPS protection established in different which emphasizes that WTO members Agreement’s notification procedures, situations. In particular, the United have agreed to give effect to the SPS which provide an opportunity for the States will be assessing the contribution Agreement. United States to comment on other that implementation of the SPS The SPS Agreement reflects a careful WTO members’ draft SPS measures in Agreement makes to the reduction of balance of rights and obligations. The unjustified barriers to agricultural trade, Agreement safeguards WTO members’ advance, have proven to be increasingly while preserving the United States’ rights to adopt and implement useful in identifying potential trade ability to protect human, animal and regulations to protect human, animal problems and facilitating the resolution plant life and health. Comments and plant life or health (including food of differences before trade is actually received will be considered by the safety and environmental measures), affected. Executive Branch in formulating U.S. and to establish the level of protection In recent years, the United States has of life and health they deem to be positions and objectives relating both to successfully resolved a number of appropriate. The United States has a the scope of the review and to the bilateral trade problems associated with strong interest in preserving these specific issues to be considered by the the application of SPS measures in key rights, which ensure the ability to SPS Committee during the review overseas markets. In these negotiations, maintain the U.S. standards of public process. reference to the requirements of the SPS health and environmental protection. Agreement has been an important factor DATES: Public comments are due by At the same time, the SPS Agreement in U.S. trading partners’ decisions to noon, January 9, 1998. establishes obligations designed to eliminate or modify scientifically ADDRESSES: Office of the U.S. Trade ensure that an SPS measure is in fact unjustified SPS measures. The United Representative, 600 17th Street, N.W., intended to protect against the risk States has also made active use of the Washington, D.C. 20508. asserted, rather than to serve as a procedures of the WTO Dispute FOR FURTHER INFORMATION CONTACT: disguised trade barrier. In particular, the Settlement Body (DSB) to push for the John Ellis, Director for Sanitary and Agreement requires that a measure removal of scientifically unjustified SPS Phytosanitary Affairs, Office of WTO adopted to protect human, animal and measures which have a major impact on and Multilateral Affairs, USTR, (202– plant life and health be based on science 395–3063). and a risk assessment, and that it be no U.S. exports. SUPPLEMENTARY INFORMATION: The more restrictive than is necessary to Persons submitting written comments Chairman of the TPSC invites written achieve the intended level of human, on the review of the SPS Agreement comments from the public on issues to animal or plant health protection. should provide a statement, in twenty be address in the course of the review The same balance is sought in the SPS copies, by noon, January 9, 1998, to by the WTO SPS Committee of the WTO Agreement’s provisions relating to Gloria Blue, Executive Secretary, TPSC, SPS Agreement. The review will begin international sanitary and phytosanitary Office of the U.S. Trade Representative, at the tenth meeting of the SPS standards, guidelines and Room 503, 600 17th Street, NW., Committee, scheduled for March 15–16, recommendations. Recognizing that the Washington, DC 20508. Non- 1998 in Geneva, and will be on the harmonization of international confidential information received will Committee’s agenda for the three other standards may contribute both to be available for public inspection by SPS Committee meetings scheduled in improved protection of human, animal appointment in the USTR Reading 1998, to take place in June, September and plant life and health and to the Room, Room 101, Monday through and November. removal of unnecessary trade barriers, Friday, 9:30 a.m. to 12:00 noon and 1:00 the Agreement calls for each WTO p.m. to 4:00 p.m. For an appointment Background member to use relevant international call Brenda Webb on 202–395–6186. During the Uruguay Round of standards as a basis for establishing its Business confidential information will multilateral trade negotiations, a SPS measures, subject to other be subject to the requirements of 15 CFR primary U.S. negotiating objective was provisions of the Agreement. At the 2003.6. Any business confidential to obtain substantial commitments for same time, the Agreement makes clear material must be clearly marked as such liberalization of international that it does not require ‘‘downward on the cover letter or page and each agricultural trade. The resulting WTO harmonization,’’ and that no WTO succeeding page, and must be 64620 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices accompanied by a non-confidential CATEGORIES OF RECORDS IN THE SYSTEM: ROUTINE USES OF RECORDS MAINTAINED IN THE summary thereof. a. Records containing vessel SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Frederick L. Montgomery, identification information and vessel Chairman, Trade Policy Staff Committee. characteristics on state-numbered and/ a. Federal, state and local law [FR Doc. 97–32053 Filed 12–5–97; 8:45 am] or titled vessels or Coast Guard- enforcement officials for law enforcement purposes including the BILLING CODE 3190±01±M documented vessels including: vessel name (if Coast Guard-documented), recovery and return of stolen property make of vessel or name of vessel and to deter vessel theft and fraud. b. Federal and state numbering and DEPARTMENT OF TRANSPORTATION builder, manufacturer year/year vessel built, vessel model year, title number, titling officials for the purposes of Privacy Act of 1974; Notice To Add a Coast Guard official number, certificate tracking, registering and titling vessels. System of Records of number assigned by the state c. National Crime Information Center including expiration date, hull data contained in VIS will only be AGENCY: Operating Administrations, identification number, length of vessel, released to National Crime Information Department of Transportation (DOT). type of vessel, hull type, propulsion Center authorized users. ACTION: Notice. type, fuel type, primary use, d. Disclosure may be made to agency endorsements (if Coast Guard contractors who have been engaged to SUMMARY: The Department of documented), and hailing port name assist the agency in the performance of Transportation is proposing to add a endorsements (if Coast Guard a contract service or other activity system of records to its inventory of documented). related to this system of records and system of records notices subject to the b. Records containing personal who need to have access to the records Privacy Act of 1974 (5 U.S.C. 552a), as information including: name of each in order to perform the activity. amended. owner, address of principal place of Recipients shall be required to comply EFFECTIVE DATE: January 20, 1998. residence of at least one owner, mailing with the requirements of the Privacy Act FOR FURTHER INFORMATION CONTACT: address if different than the principal of 1974, as amended, 5 U.S.C. 552a. Crystal M. Bush at (202) 366–9713 place of residence, and either an e. See DOT Prefatory Statement of (Telephone), (202) 366–7066 (Fax), owner’s social security number, date of General Routine Uses. [email protected] (Internet birth and driver’s license number, or Address). other individual identifier. If a vessel DISCLOSURE TO CONSUMER REPORTING AGENCIES: SUPPLEMENTARY INFORMATION: The owner is a business, the business purpose is to establish a system of address and taxpayer identification Not applicable. records to collect and manage the data number will be included. POLICIES AND PRACTICES FOR STORING, needed to provide a nationwide pool of c. Records containing lienholder and RETRIEVING, ACCESSING, RETAINING, AND vessel and vessel owner information insurance information including: name DISPOSING OF RECORDS IN THE SYSTEM: of lienholder, and city and state of that will help in identification and STORAGE: recovery of stolen vessels and deter principal place of residence or business vessel theft and fraud. of each lienholder. Storage of all records is in an The new system of records report, as d. Records containing law automated database operated and required by 5 U.S.C. 552a(r) of the enforcement information including: law maintained by the U.S. Coast Guard. Privacy Act of 1974, as amended, was enforcement status code (stolen, RETRIEVABILITY: recovered, lost, destroyed, or submitted on December 2, 1997 to the Records are retrieved by: abandoned), law enforcement hold, Committee on Government Reform and a. Vessel hull identification number reporting agency, originating case Oversight of the House of (HIN). number, National Crime Information Representatives, the Committee on b. State certificate of number. Center (NCIC) number, VIS user Governmental Affairs of the Senate, and c. Title number. identification, incident location, last the Office of Management and Budget. d. U.S. Coast Guard official number. sighted date/time/location, law e. USCG vessel name and hailing port. DOT/CG 590 enforcement contact and phone number, f. Vessel owner or business name. SYSTEM NAME: and hours of operations. e. Records containing vessel g. Vessel owner’s social security Vessel Identification System (VIS). registration information including: number or alternate identifier (e.g., DOB, driver’s license number, or SECURITY CLASSIFICATION: registration and, if applicable title taxpayer identification number). VIS is unclassified, sensitive. number including effective and expiration date, issuing authority, and, SAFEGUARDS: SYSTEM LOCATION: for Coast Guard documented vessels, the The VIS falls under the guidelines of United States Coast Guard (USCG), official number. Operations Systems Center, 175 Murrall the United States Coast Guard Drive, Martinsburg, WV 25401. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Operations System Center (OSC) in 46 U.S.C. 12501–07. Martinsburg, WV. This computer facility CATEGORIES OF INDIVIDUALS COVERED BY THE has its own approved System Security SYSTEM: PURPOSE(S): Plan, which provides that: Individuals with established The primary purpose of VIS is to a. The system will be maintained in relationship(s)/association to vessels provide a nationwide pool of state- a secure computer room with access that are state-numbered and/or titled numbered and/or titled and U.S. Coast restricted to authorized personnel only. and U.S. Coast Guard-documented, and Guard-documented vessels that will b. Access to the building must be that are included in the Vessel assist in identification and recovery of authorized and is limited. Identification System (VIS). stolen vessels, deter vessel theft and c. VIS will support different access Specifically, owners or agents of such fraud, and other purposes relating to the levels for fields in the same record. vessels, as well as lienholders. ownership of vessels. These levels will allow different classes Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64621 of users access to specific information as individual or his/her legal DEPARTMENT OF TRANSPORTATION governed by Federal privacy laws. representative. Send the request to: d. VIS will control access by requiring USCG Headquarters, Commandant (G– Federal Aviation Administration that users provide a valid account name SII), 2100 2nd Street, SW., Washington, Aviation Rulemaking Advisory and password. VIS will contain a DC 20593–0001. function that tracks system usage for Committee; Transport Airplane and Engine Issues; New Tasks other authorized users (i.e., non- RECORD ACCESS PROCEDURES: participating states, commercial Same as Notification Procedures. AGENCY: Federal Aviation institutions, and private individuals). Administration (FAA), DOT. VIS will require users to change access CONTESTING RECORD PROCEDURES: ACTION: Notice of a new task assignment control identifiers at six month for the Aviation Rulemaking Advisory intervals. Same as Notification Procedures. Committee (ARAC). The U.S. Coast Guard will operate the VIS in consonance with Federal security RECORD SOURCE CATEGORIES: SUMMARY: Notice is given of new tasks regulations, policy, procedures, All information entered into the VIS assigned to and accepted by the standards and guidance for is gathered from participating states and Aviation Rulemaking Advisory implementing the Automated Committee (ARAC). This notice informs the National Crime Information Center Information Systems Security Program. the public of the activities of ARAC. (NCIC) in the course of normal routine e. Only authorized DOT personnel FOR FURTHER INFORMATION CONTACT: business. VIS information will be and authorized U.S. Government Stewart R. Miller, Manager, Transport accessible through the Coast Guard Data contractors conducting system Standards Staff, ANM–110, FAA, Network (CGDN), National Law maintenance may access VIS records. Transport Airplane Directorate, Aircraft f. Access to records are password Enforcement Telecommunications Certification Service, 1601 Lind Ave. protected and the scope of access for System (NLETS), the Internet, and dial- SW., Renton, WA 98055–4056, each password is limited to the official up modem. VIS shall also interface with telephone (425) 227–2190, fax (425) need of each individual authorized the Coast Guard’s existing Merchant 227–1320. access. Vessel Documentation System (MVDS) g. Additional protection is afforded by DOT/CG 591 to provide participating SUPPLEMENTARY INFORMATION: the use of password security, data states with information on USCG Background encryption, and the use of a secure documented vessels and interface with The FAA has established an Aviation network, National Law Enforcement the Motorboat Registration System to Rulemaking Advisory Committee to Telecommunications System (NLETS). provide participating states with provide advice and recommendations to RETENTION AND DISPOSAL: information on vessels registered by the the FAA Administrator, through the Coast Guard for the state of Alaska. a. Records of active cases will be Associate Administrator for Regulation retained until they become inactive; and Certification, on the full range of EXEMPTIONS CLAIMED FOR THE SYSTEM: inactive cases will be archived and the FAA’s rulemaking activities with retained for 50 years. Records will be Portions of this system of records may respect to aviation-related issues. This selected to be archived into an off-line be exempt from disclosure under the includes obtaining advice and file for any vessel that has been inactive provisions of 5 U.S.C. 552a(k)(2). recommendations on the FAA’s for a period of 10 years. A vessel is However, in specific cases where commitment to harmonize its Federal inactive when the State number and/or maintenance of information results in Aviation Regulations (FAR) and Coast Guard Document have expired the denial of a right, privileges or practices with its trading partners in Europe and Canada. with the exception of the vessels that benefits to which the individual is One area ARAC deals with is have a law enforcement hold and entitled, the information will be vessels with a law enforcement status of Transport Airplane and Engine issues. released in accordance with section These issues involve the airworthiness stolen. (k)(2). This provides in part that b. Daily backups shall be performed standards for transport category material compiled for law enforcement airplanes in 14 CFR parts 25, 33, and 35 automatically. The backups will be purposes may be withheld from comprised of weekly full backups and parallel provisions in 14 CFR parts disclosure to the extent the identity of followed by daily incremental backups; 121 and 135. The corresponding the source of the information would be a log of transactions is maintained daily European airworthiness standards for for recovery purposes. revealed by disclosing the investigatory transport category airplanes are c. Copies of backups are stored at an record, and the source has received an contained in Joint Aviation off-site location. express promise that his/her identity Requirements (JAR)–25, JAR–E, and would be held in confidence. JAR–P, respectively. The corresponding SYSTEM MANAGER(S) AND ADDRESS: Additionally, material received prior to Canadian Standards are contained in Department of Transportation, United 27 September 1974 will be withheld, if Chapters 525, 533, and 535 respectively. States Coast Guard Headquarters, the source received an implied promise The Tasks Information Resource Division, System that his/her identity would be held in Development Division (G–MRI–3), 2100 confidence. This notice is to inform the public 2nd Street, SW, Washington, DC 20593– that the FAA has asked ARAC to Dated: November 19, 1997. 0001. provide advice and recommendation on Eugene K. Taylor, Jr., the following harmonization tasks: NOTIFICATION PROCEDURE: Director, Information Resource Management, Task 1. As a short-term project, Submit a written request noting the Department of Transportation. consider the need for a regulation that information desired and for what [FR Doc. 97–32061 Filed 12–5–97; 8:45 am] requires installation of ice detectors, purpose the information will be used. BILLING CODE 4910±62±P aerodynamic performance monitors, or The request must be signed by the another acceptable means to warn 64622 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices flightcrews of ice accumulation on 25.1325(b) and revise the regulations if groups if necessary. The IPHWG will critical surfaces requiring crew action necessary. (Schedule: September 1999, identify to ARAC the need for (regardless of whether the icing Reach technical agreement; January additional new working groups when conditions are inside or outside of 2000, NPRM Package delivered to FAA existing groups do not have the Appendix C of 14 CFR Part 25). Also from ARAC; March 2000, Publish appropriate expertise to address certain consider the need for a Technical NPRM; March 2001, Publish Final Rule tasks. Standard Order for design and/or (if necessary)). minimum performance specifications Task 6. Consider the need for a Working Group Activity for an ice detector and aerodynamic regulation on ice protection of angle of The Ice Protection Harmonization performance monitors. Develop the attack probes (Schedule: September Working Group is expected to comply appropriate regulation and applicable 1999, Reach technical agreement; with the procedures adopted by ARAC. standards and advisory material if a January 2000, NPRM package delivered As part of the procedures, the working consensus on the need for such devices to FAA from ARAC; March 2000, group is expected to: is reached. (Schedule: September 1998, Publish NPRM; March 2001, Publish 1. Recommend a work plan for Reach agreement on proposed rule; Final Rule (if necessary)). completion of the tasks, including the January 1999, NPRM package delivered Task 7. Develop or update advisory rationale supporting such a plan, for to FAA from ARAC; March 1999, material pertinent to items 2 through 6 consideration at the meeting of ARAC to Publish NPRM; March 2000, Publish above. (Schedule: October 2000, consider Transport Airplane and Engine Final Rule.) Advisory material package delivered to Issues held following publication of this As long-term projects: FAA from ARAC; March 2001, Publish notice. Task 2. Review National advisory material). 2. Give a detailed conceptual Transportation Safety Board If ARAC determines rulemaking presentation of the proposed recommendations A–96–54, A–96–56, action (e.g., NPRM, supplemental recommendations, prior to proceeding and A–96–58, and advances in ice NPRM, final rule, withdrawal) should with the work stated in item 3 below. protection state-of-the-art. In light of be taken, or advisory material should be 3. For each task, draft appropriate this review, define an icing environment issued or revised, it has been asked to regulatory documents with supporting that includes supercooled large droplets prepare the necessary documents, economic and other required analyses, (SLD), and devise requirements to assess including economic analysis, to justify and/or any other related guidance the ability of aircraft to safely operate and carry out its recommendation(s). material or collateral documents the either for the period of time to exit or ARAC Acceptance of Tasks working group determines to be to operate without restriction in SLD appropriate; or, if new or revised aloft, in SLD at or near the surface, and ARAC has accepted these tasks and requirements or compliance methods in mixed phase conditions if such has chosen to assign them to a new Ice are not recommended, a draft report conditions are determined to be more Protection Harmonization Working stating the rationale for not making such hazardous than the liquid phase icing Group (IPHWG) under the Transport recommendations. environment containing supercooled Airplane and Engine issue. The new 4. Provide a status report at each water droplets. Consider the effects of working group will serve as staff to meeting of ARAC held to consider icing requirement changes on 14 CFR ARAC to assist ARAC in the analysis of Transport Airplane and Engine Issues. part 23 and part 25 and revise the the assigned tasks. Working group regulations if necessary. In addition, recommendations must be reviewed and Participation in the Working Group consider the need for a regulation that approved by ARAC. If ARAC accepts the The Ice Protection Harmonization requires installation of a means to working group’s recommendations, it Working Group will be composed of discriminate between conditions within forwards them to the FAA as ARAC experts having an interest in the and outside the certification envelope. recommendations. assigned tasks. A working group (Schedule: September 1999, Reach The IPHWG will coordinate with the member need not be a representative of technical agreement; January 2000, Flight Test Harmonization Working a member of the full committee. NPRM package delivered to FAA from Group, other harmonization working An individual who has expertise in ARAC; March 2000, Publish NPRM; groups, organizations, and specialists as the subject matter and wishes to become March 2001, Publish Final Rule.) appropriate. Other affected groups, a member of the working group should Task 3. Propose changes to make the organizations, and specialists may write to the person listed under the requirements of 14 CFR 23.1419 and include but not be limited to the caption FOR FURTHER INFORMATION 25.1419 the same (Schedule: September Powerplant Installation Harmonization CONTACT expressing that desire, 1999, Reach technical agreement; Working Group, Engine Harmonization describing his or her interest in the January 2000, NPRM package delivered Working Group, General Aviation tasks, and stating the expertise he or she to FAA from ARAC; March 2000, Manufacturers Association (GAMA), would bring to the working group. The Publish NPRM; March 2001, Publish human factors specialists, and request will be reviewed by the assistant Final Rule) meteorologists. Coordination with the chair, the assistant executive director, Task 4. Harmonize 14 CFR Flight Test Harmonization Working and the working group chair, and the §§ 23.1419, 25.1419, 25.929, and Group will be necessary to ensure that individual will be advised whether or 25.1093 and JAR 23.1419, 25.1419, the IPHWG does not initiate work on not the request can be accommodated. 25.929, and 25.1093. (Schedule: issues already being addressed by the The Secretary of Transportation has September 1999, Reach technical Flight Test group. Coordination with determined that the formation and use agreement; January 2000, NPRM GAMA will be necessary to ensure that of ARAC are necessary and in the public package delivered to FAA from ARAC; the proposed NASA Advanced General interest in connection with the March 2000, Publish NPRM; March Aviation Transport Experiment project performance of duties imposed on the 2001, Publish Final Rule) is considered throughout the process of FAA by law. Task 5. Consider the effects icing accomplishing the short and long term Meetings of ARAC will be open to the requirement changes may have on 14 projects. The IPHWG will request ARAC public. Meetings of the Ice Protection CFR §§ 25.773(b)(1)(ii), 25.1323(e), assignment of tasks to existing working Harmonization Working Group will not Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64623 be open to the public, except to the motor vehicle to be compared, and is NHTSA afforded J.K. an opportunity extent that individuals with an interest capable of being readily altered to to respond to Fiat’s comments. With and expertise are selected to participate. conform to all applicable Federal motor respect to Fiat’s comments regarding No public announcement of working vehicle safety standards. FMVSS No. 208 and 210 compliance group meetings will be made. Petitions for eligibility decisions may issues, J.K. responded that the automatic Issued in Washington, DC, on November be submitted by either manufacturers or belt system that is supplied on the U.S. 24, 1997. importers who have registered with certified 1995 Ferrari F50 bolts on to Joseph A. Hawkins, NHTSA pursuant to 49 CFR part 592. As existing mounts that are on the seats Executive Director, Aviation Rulemaking specified in 49 CFR 593.7, NHTSA and door frames of the non-U.S. Advisory Committee. publishes notice in the Federal Register certified version of the vehicle. J.K. [FR Doc. 97–32034 Filed 12–5–97; 8:45 am] of each petition that it receives, and additionally acknowledged that the affords interested persons an BILLING CODE 4910±13±M reference to rear seat belts in the opportunity to comment on the petition. petition was in error since the 1995 At the close of the comment period, Ferrari F50 has no rear seat. With NHTSA decides, on the basis of the DEPARTMENT OF TRANSPORTATION respect to the FMVSS No. 214 petition and any comments that it has compliance issue raised by Fiat, J.K. National Highway Traffic Safety received, whether the vehicle is eligible Administration for importation. The agency then stated that the door beams in the U.S. publishes this decision in the Federal certified 1995 Ferrari F50 are bolt-on [Docket No. NHTSA±97±3163] Register. components that can be easily installed on the non-U.S. certified version of the Decision That Nonconforming 1995 J.K. Motors of Kingsville, Maryland vehicle without the need for fabrication Ferrari F50 Passenger Cars Are (‘‘J.K.’’) (Registered Importer R–90–006) or welding. Eligible for Importation petitioned NHTSA to decide whether 1995 Ferrari F50 passenger cars are NHTSA has reviewed each of the AGENCY: National Highway Traffic eligible for importation into the United issues that Fiat has raised regarding Safety Administration (NHTSA), DOT. States. NHTSA published notice of the J.K.’s petition. NHTSA believes that ACTION: Notice of decision by NHTSA petition on August 18, 1997 (62 FR J.K.’s responses adequately address each that nonconforming 1995 Ferrari F50 44030) to afford an opportunity for of those issues. NHTSA further notes passenger cars are eligible for public comment. The reader is referred that the modifications described by J.K. importation. to that notice for a thorough description are consistent with its finding that a of the petition. SUMMARY: This notice announces the non-U.S. certified 1995 Fiat F50 is One comment was received in decision by NHTSA that 1995 Ferrari ‘‘capable of being readily altered to response to the notice, from Fiat Auto F50 passenger cars not originally comply with all Federal motor vehicle U.S.A., Inc. (Fiat), the U.S. manufactured to comply with all safety standards.’’ representative of Ferrari, S.p.A., the applicable Federal motor vehicle safety vehicle’s manufacturer. In its comment, NHTSA has accordingly decided to standards are eligible for importation Fiat observed that non-U.S. certified grant the petition. into the United States because they are 1995 Ferrari F50 passenger cars are substantially similar to vehicles Vehicle Eligibility Number for Subject equipped with manual 3-point seat belts originally manufactured for importation Vehicles while their U.S. certified counterparts into and sale in the United States and are equipped with motorized 2-point certified by their manufacturer as The importer of a vehicle admissible shoulder belts and manual 2-point lap complying with the safety standards under any final decision must indicate belts. Fiat contended that modification (the U.S.-certified version of the 1995 on the form HS–7 accompanying entry of a non-U.S. certified 1995 Ferrari F50 Ferrari F50), and they are capable of the appropriate vehicle eligibility for compliance with the automatic being readily altered to conform to the number indicating that the vehicle is restraint requirements of Federal Motor standards. eligible for entry. VSP–226 is the Vehicle Safety Standard (FMVSS) No. DATE: This decision is effective eligibility number assigned to vehicles 208, Occupant Crash Protection, would admissible under this decision. December 8, 1997. be very difficult, if not impossible, FOR FURTHER INFORMATION CONTACT: owing to the fact that the vehicle has a Final Decision George Entwistle, Office of Vehicle carbon body. Fiat additionally observed Safety Compliance, NHTSA (202–366– that the petitioner inaccurately Accordingly, on the basis of the 5306). described the vehicle as having ‘‘rear foregoing, NHTSA hereby decides that 1995 Ferrari F50 passenger cars not SUPPLEMENTARY INFORMATION: belts,’’ in view of the fact that it is a two seater. With respect to the requirements originally manufactured to comply with Background of FMVSS No. 210, Seat Belt Assembly all applicable Federal motor vehicle Under 49 U.S.C. 30141(a)(1)(A), a Anchorages, Fiat claimed that non-U.S. safety standards are substantially motor vehicle that was not originally certified 1995 Ferrari F50 passenger cars similar to 1995 Ferrari F50 passenger manufactured to conform to all have 3-point anchorages, while their cars originally manufactured for applicable Federal motor vehicle safety U.S. certified counterparts have 4-point importation into and sale in the United standards shall be refused admission anchorages. Addressing the States and certified under 49 U.S.C. into the United States unless NHTSA requirements of FMVSS No. 214, Side 30115, and are capable of being readily has decided that the motor vehicle is Impact Protection, Fiat contended that altered to conform to all applicable substantially similar to a motor vehicle U.S. certified 1995 Ferrari F50 Federal motor vehicle safety standards. originally manufactured for importation passenger cars have a steel beam inside Authority: 49 U.S.C. 30141(a)(1)(A) and into and sale in the United States, their doors that cannot be simply added (b)(1); 49 CAR 593.8; delegations of authority certified under 49 U.S.C. 30115, and of to the non-U.S. certified version of the at 49 CAR 1.50 and 501.8. the same model year as the model of the vehicle. 64624 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

Issued on: December 2, 1997. NHTSA pursuant to 49 CFR part 592. As supportive of the petition. Although Marilynne Jacobs, specified in 49 CFR 593.7, NHTSA Volkswagen’s second observation Director, Office of Vehicle Safety Compliance. publishes notice in the Federal Register identifies a potential need for alterations [FR Doc. 97–32037 Filed 12–5–97; 8:45 am] of each petition that it receives, and beyond those specified in the petition to BILLING CODE 4910±59±P affords interested persons an conform non-U.S. certified 1988–89 opportunity to comment on the petition. Audi 80 passenger cars to the Bumper At the close of the comment period, Standard, the company nowhere DEPARTMENT OF TRANSPORTATION NHTSA decides, on the basis of the contends that these alterations cannot petition and any comments that it has be readily made. The petitioner and National Highway Traffic Safety received, whether the vehicle is eligible other RIs seeking to import 1988–89 Administration for importation. The agency then Audi 80s under this exemption should publishes this decision in the Federal [Docket No. NHTSA±97±3164] recognize Volkswagen’s concern and Register. may be assured that NHTSA will Decision That Nonconforming 1988± Champagne Imports, Inc. of Lansdale, carefully examine data they submit in 1989 Audi 80 Passenger Cars Are Pennsylvania (Champagne) (Registered support of their certification of Eligible for Importation Importer R–90–009) petitioned NHTSA compliance with the Bumper Standard. to decide whether 1988–1989 Audi 80 AGENCY: National Highway Traffic passenger cars are eligible for Vehicle Eligibility Number for Subject Safety Administration (NHTSA), DOT. importation into the United States. Vehicles ACTION: Notice of decision by NHTSA NHTSA published notice of the petition The importer of a vehicle admissible that nonconforming 1988–1989 Audi 80 on August 5, 1997 (62 FR 42156) to under any final decision must indicate passenger cars are eligible for afford an opportunity for public on the form HS–7 accompanying entry importation. comment. The reader is referred to that the appropriate vehicle eligibility notice for a thorough description of the number indicating that the vehicle is SUMMARY: This notice announces the petition. eligible for entry. VSP–223 is the decision by NHTSA that 1988–1989 One comment was received in eligibility number assigned to vehicles Audi 80 passenger cars not originally response to the notice, from Volkswagen admissible under this decision. manufactured to comply with all of America, Inc. (Volkswagen), the U.S. applicable Federal motor vehicle safety representative of Audi AG, the vehicle’s Final Decision standards are eligible for importation manufacturer. In its comment, Accordingly, on the basis of the into the United States because they are Volkswagen observed that the foregoing, NHTSA hereby decides that substantially similar to vehicles alterations identified in the petition are 1988–1989 Audi 80 passenger cars not originally manufactured for importation the minimum that are necessary to originally manufactured to comply with into and sale in the United States and conform non-U.S. certified 1988–1989 all applicable Federal motor vehicle certified by their manufacturer as Audi 80 passenger cars to the applicable safety standards are substantially complying with the safety standards Federal motor vehicle safety standards. similar to 1988–1989 Audi 80 passenger (the U.S.-certified version of the 1988– Volkswagen further observed that in cars originally manufactured for 1989 Audi 80), and they are capable of addition to differences in the bumper importation into and sale in the United being readily altered to conform to the system, modifications were made to the States and certified under 49 U.S.C. standards. body components and structure of U.S. § 30115, and are capable of being readily DATES: This decision is effective as of certified 1988–1989 Audi 80 passenger altered to conform to all applicable December 8, 1997. cars to achieve compliance with the Federal motor vehicle safety standards. Bumper Standard found in 49 CFR part FOR FURTHER INFORMATION CONTACT: Authority: 49 U.S.C. 30141(a)(1)(A) and 581. George Entwistle, Office of Vehicle (b)(1); 49 CAR 593.8; delegations of authority Petitioners for eligibility at 49 CAR 1.50 and 501.8. Safety Compliance, NHTSA (202–366– determinations are not required to 5306). submit arguments in support of the Issued on: December 2, 1997. SUPPLEMENTARY INFORMATION: capability of a non-conforming vehicle Marilynne Jacobs, to comply with the Bumper Standard. Director, Office of Vehicle Safety Compliance. Background Under statute, eligibility determinations [FR Doc. 97–32038 Filed 12–5–97; 8:45 am] Under 49 U.S.C. § 30141(a)(1)(A), a are based solely on the capability of a BILLING CODE 4910±59±P motor vehicle that was not originally vehicle to comply with the Federal manufactured to conform to all motor vehicle safety standards. applicable Federal motor vehicle safety However, a passenger motor vehicle that DEPARTMENT OF THE TREASURY standards shall be refused admission does not meet the Bumper Standard at into the United States unless NHTSA the time of importation must be brought [Treasury Directive Number 12±53] has decided that the motor vehicle is into compliance after importation in Delegation of Authority to Make substantially similar to a motor vehicle order to comply with the law. Therefore, Decisions on Appeals of the Initial originally manufactured for importation a vehicle eligibility notice affords a Denial of Records Under the Freedom into and sale in the United States, forum through which issues of of Information Act certified under 49 U.S.C. § 30115, and of compliance with the Bumper Standard the same model year as the model of the can be raised and discussed. However, Dated: December 1, 1997. motor vehicle to be compared, and is NHTSA has no authority to deny an capable of being readily altered to eligibility petition solely on the basis 1. Delegation conform to all applicable Federal motor that the vehicle is incapable of being a. This Directive delegates to the vehicle safety standards. conformed to meet the Bumper Deputy Assistant Secretary (Human Petitions for eligibility decisions may Standard. Resources) the authority to make appeal be submitted by either manufacturers or Volkswagen’s first observation, as decisions on the initial denial of records importers who have registered with described above, appears to be generally or other adverse determinations made Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64625 by the Office of Equal Opportunity Bureau of the Public Debt (PD) OMB Reviewer: Alexander T. Hunt, Program under 5 U.S.C. 552; 5 U.S.C. OMB Number: 1535–0104. (202) 395–7860, Office of Management 552a; and 31 Code of Federal Form Number: PD F 2066. and Budget, Room 10226, New Regulations (CFR) Part 1, Subparts A Type of Review: Extension. Executive Office Building, Washington, and C. Title: Application by Survivors for DC 20503. b. This Directive delegates to the Payment of Bond or Check Issued Under Lois K. Holland, Director, Office of Equal Opportunity the Armed Forces Leave Act of 1946, as Departmental Reports Management Officer. Program, the authority to make appeal Amended. [FR Doc. 97–31954 Filed 12–5–97; 8:45 am] decisions on the initial denial of records Description: Form 2066 is used as an BILLING CODE 4810±40±P and other adverse determinations made application by survivors for payment of by the Regional Complaint Centers a bond or check issued under the Armed under 5 U.S.C. 552; 5 U.S.C. 552a; and Forces Leave Act of 1946 to veterans of DEPARTMENT OF THE TREASURY 31 CFR Part 1, Subparts A and C. World War II. Submission to OMB for Review; 2. Authority Respondents: Individuals or households. Comment Request a. Treasury Order 101–05, ‘‘Reporting Estimated Number of Respondents: November 24, 1997. Relationships and Supervision of 400. Officials, Offices and Bureaus, Estimated Burden Hours Per The Department of Treasury has Delegation of Certain Authority, and Respondent: 30 minutes. submitted the following public Order of Succession in the Department Frequency of Response: On occasion. information collection requirement(s) to of the Treasury.’’ Estimated Total Reporting Burden OMB for review and clearance under the Paperwork Reduction Act of 1995, Pub. b. 31 CFR Part 1, Subparts A and C. Hours: 200 hours. L. 104–13. Copies of the submission(s) 3. Reference OMB Number: 1535–0105. may be obtained by calling the Treasury Form Number: PD F 2481. Bureau Clearance Officer listed. Treasury Directive 25–05, ‘‘The Type of Review: Extension. Comments regarding this information Freedom of Information Act,’’ dated Title: Application for Recognition as collection should be addressed to the January 18, 1996. Natural Guardian of Minor Not Under OMB reviewer listed and to the Legal Guardianship and for Disposition 4. Expiration Date Treasury Department Clearance Officer, of Minor’s Interest in Registered Department of the Treasury, Room 2110, Securities. This Directive expires three years 1425 New York Avenue, NW., Description: The form is used by the from the date of issuance unless Washington, DC 20220. superseded or cancelled prior to that natural guardian or a minor not under date. legal guardianship to request proper Internal Revenue Service (IRS) disposition of securities registered in OMB Number: 1545–0949. 5. Office of Primary Interest the name of a minor. Form Number: IRS Form 2587. Office of Equal Opportunity Program, Respondents: Individuals or Type of Review: Extension. Office of the Deputy Assistant Secretary households. (Human Resources), Office of the Estimated Number of Respondents: Title: Application for Special Assistant Secretary for Management and 25. Enrollment Examination. Chief Financial Officer. Estimated Burden Hours Per Description: This information relates Nancy Killefer, Respondent: 30 minutes. to the determination of the eligibility of individuals seeking enrollment status to Assistant Secretary for Management and Frequency of Response: On occasion. Chief Financial Officer. Estimated Total Reporting Burden practice before the Internal Revenue Hours: 13 hours. Service. [FR Doc. 97–32025 Filed 12–5–97; 8:45 am] Respondents: Individual or BILLING CODE 4810±25±P OMB Number: 1535–0108. Form Number: PD F 2471. households. Type of Review: Extension. Estimated Number of Respondents/ DEPARTMENT OF THE TREASURY Title: Certificate to Support Recordkeepers: 8,000. Application for Relief on Account of Estimated Burden Hours Per Submission for OMB Review; Lost, Stolen or Destroyed United States Respondent/Recordkeeper: 6 minutes. Comment Request Securities. Frequency of Response: Other (one- Description: The form is executed by time filing). December 1, 1997. individuals to support an application Estimated Total Reporting/ The Department of Treasury has for relief on account of lost, stolen or Recordkeeping Burden: 25,550 hours. submitted the following public destroyed United States securities. Clearance Officer: Garrick Shear (202) information collection requirement(s) to Respondents: Individuals or 622–3869, Internal Revenue Service, OMB for review and clearance under the households. Room 5571, 1111 Constitution Avenue, Paperwork Reduction Act of 1995, Pub. Estimated Number of Respondents: NW., Washington, DC 20224. L. 104–13. Copies of the submission(s) 400. may be obtained by calling the Treasury Estimated Burden Hours Per OMB Reviewer: Alexander T. Hunt Bureau Clearance Officer listed. Respondent: 30 minutes. (202) 395–7860, Office of Management Comments regarding this information Frequency of Response: On occasion. and Budget, Room 10226, New collection should be addressed to the Estimated Total Reporting Burden Executive Office Building, Washington, OMB reviewer listed and to the Hours: 200 hours. DC 20503. Treasury Department Clearance Officer, Clearance Officer: Vicki S. Thorpe, Lois K. Holland, Department of the Treasury, Room 2110, (304) 480–6553, Bureau of the Public Departmental Reports Management Officer. 1425 New York Avenue, NW., Debt, 200 Third Street, Parkersburg, [FR Doc. 97–31955 Filed 12–5–97; 8:45 am] Washington, DC 20220. West VA 26106–1328. BILLING CODE 4830±01±P 64626 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY Frequency of Response: Other (one time only). Submission for OMB Review; Submission for OMB Review; Estimated Total Reporting Burden: Comment Request Comment Request 534 hours. Clearance Officer: Garrick Shear (202) December 1, 1997. December 1, 1997. 622–3869, Internal Revenue Service, The Department of Treasury has The Department of Treasury has Room 5571, 1111 Constitution Avenue, submitted the following public submitted the following public N.W., Washington, DC 20224. information collection requirement(s) to information collection requirement(s) to OMB Reviewer: Alexander T. Hunt OMB for review and clearance under the OMB for review and clearance under the (202) 395–7860, Office of Management Paperwork Reduction Act of 1995, Pub. Paperwork Reduction Act of 1995, Pub. and Budget, Room 10226, New L. 104–13. Copies of the submission(s) L. 104–13. Copies of the submission(s) Executive Office Building, Washington, may be obtained by calling the Treasury may be obtained by calling the Treasury DC 20503. Bureau Clearance Officer listed. Bureau Clearance Officer listed. Lois K. Holland, Comments regarding this information Comments regarding this information Departmental Reports Management Officer. collection should be addressed to the collection should be addressed to the OMB reviewer listed and to the OMB reviewer listed and to the [FR Doc. 97–31957 Filed 12–5–97; 8:45 am] Treasury Department Clearance Officer, Treasury Department Clearance Officer, BILLING CODE 4830±01±P Department of the Treasury, Room 2110, Department of the Treasury, Room 2110, 1425 New York Avenue, NW., 1425 New York Avenue, NW., DEPARTMENT OF THE TREASURY Washington, DC 20220. Washington, DC 20220. Special Request: In order to conduct Special Request the survey described below in early- Submission to OMB for Review; Comment Request In order to conduct the survey December 1997, the Department of the described below in mid-December 1997, Treasury is requesting that the Office of December 1, 1997. the Department of the Treasury is Management and Budget (OMB) review The Department of Treasury has requesting that the Office of and approve this information collection submitted the following public Management and Budget (OMB) review by December 4, 1997. To obtain a copy information collection requirement(s) to of this study, please contact the Internal and approve this information collection OMB for review and clearance under the Revenue Service Clearance Officer at the by December 12, 1997. To obtain a copy Paperwork Reduction Act of 1995, Pub. address listed below. of this study, please contact the Internal L. 104–13. Copies of the submission(s) Revenue Service Clearance Officer at the Internal Revenue Service (IRS) may be obtained by calling the Treasury address listed below. OMB Number: 1545–1432. Bureau Clearance Officer listed. Internal Revenue Service (IRS) Project Number: M:SP:V 97–032–G. Comments regarding this information Type of Review: Revision. collection should be addressed to the OMB Number: 1545–1432. Title: 1997 IRS Communications OMB reviewer listed and to the Project Number: M:SP:V 97–031–G. Tracking Study. Treasury Department Clearance Officer, Type of Review: Revision. Description: The purpose of this study Department of the Treasury, Room 2110, Title: North Florida District Office of is to collect information to (1) accurately 1425 New York Avenue, NW., Research and Analysis (DORA’s) On- and objectively establish a ‘‘benchmark’’ Washington, DC 20220. Line Filing Program Survey. of current levels of taxpayers awareness Internal Revenue Service (IRS) Description: The purpose of this of IRS electronic filing options as the survey is to determine what IRS can do communications program unfolds. The OMB Number: 1545–0002. to improve On-Line filing and to survey will provide crucial Form Number: IRS Form CT–2. encourage taxpayers to file On-Line. communications information and Type of Review: Extension. Respondents: Individuals or guidance to ensure the maximum Title: Employee Representative’s households. numbers of taxpayers are aware of the Quarterly Railroad Tax Return. Estimated Number of Respondents: electronic filing options. Description: Employee representatives 4,000. The information obtained from the file Form CT–2 quarterly to report Estimated Burden Hours Per survey will be used to determine the compensation on which railroad Response: 5 minutes. effectiveness of the communications retirement taxes are due. IRS uses this Frequency of Response: Other (one program in increasing taxpayer information to ensure that employee time only). awareness of their electronic filing representatives have paid the correct Estimated Total Reporting Burden: options. This research program is also tax. Form CT–2 also transmits the tax 167 hours. designed to provide strategic payment. Clearance Officer: Garrick Shear (202) communications guidance to ensure the Respondents: Individual or 622–3869, Internal Revenue Service, key target audience of e-filing is households. Room 5571, 1111 Constitution Avenue, exposed to this message. In addition, the Estimated Number of Respondents/ N.W., Washington, DC 20224. information obtained will be utilized to Recordkeepers: 28. OMB Reviewer: Alexander T. Hunt determine the benefits and limitations Estimated Burden Hours Per (202) 395–7860, Office of Management of public service announcement (PSA) Respondent/Recordkeeper: and Budget, Room 10226, New market advertising and paid market Recordkeeping ...... 26 min. Executive Office Building, Washington, advertising. Learning about the law or the 14 min. form. DC 20503. Respondents: Individuals or households. Preparing the form ...... 31 min. Lois K. Holland, Estimated Number of Respondents: Copying, assembling and send- 17 min. Departmental Reports Management Officer. 3,200. ing the form to the IRS. [FR Doc. 97–31956 Filed 12–5–97; 8:45 am] Estimated Burden Hours Per Frequency of Response: Quarterly. BILLING CODE 4830±01±P Response: 10 minutes. Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64627

Estimated Total Reporting/ Frequency of Response: On occasion. Preparing the form ...... 41 min. Recordkeeping Burden: 165 hours. Estimated Total Reporting/ Coying, assembling, and 20 min. OMB Number: 1545–0043. Recordkeeping Burden: 9,819 hours. sending the form to the IRS. Form Number: IRS Form 972. OMB Number: 1545–0236. Type of Review: Extension. Form Number: IRS Form 11–C. Frequency of Response: Annually. Title: Consent of Shareholder to Type of Review: Extension. Estimated Total Reporting/ Include Specific Amount of Gross Title: Occupational Tax and Recordkeeping Burden: 348,000 hours. Income. Registration Return for Wagering. OMB Number: 1545–1144. Description: Form 972 is filed by Description: Form 11–C is used to Form Number: IRS Form 706–GS(D). shareholders of corporations to elect to register persons accepting wagers Type of Review: Extension. include an amount in gross income as (Internal Revenue Code section 4412). Title: Generation-Skipping Transfer a dividend. The IRS uses Form 972 as IRS uses this form to register the Return for Distributions. a check to see if an amended return is respondent, collect the annual stamp tax filed to include the amount in income (Internal Revenue Code section 4412), Description: Form 706–GS(D) is used and to determine if the corporations and to verify that the tax on wagers is by the distributees to compute and claimed the correct amount. reported on Form 730. report the Federal Generation-Skipping Respondents: Individual or Respondents: Business or other-for Transfer (GST) tax imposed by Internal households, Business or other for-profit. profit, Individual or households. Revenue Code (IRC) section 2601. IRS Estimated Number of Respondents/ Estimated Number of Respondents/ uses the information to enforce this tax Recordkeepers: 400. Recordkeepers: 11,500. and to verify that the tax has been Estimated Burden Hours Per Estimated Burden Hours Per properly computed. Respondent/Recordkeeper: Respondent/Recordkeeper: Respondents: Individual or Recordkeeping ...... 13 min. Recordkeeping ...... 7 hr., 10 min. households. Learning about the law or the 3 min. Learning about the law or 34 min. Estimated Number of Respondents/ form. the form. Recordkeepers: 1,000. Preparing the form ...... 14 min. Preparing the form ...... 1 hr., 38 min. Estimated Burden Hours Per Copying, assembling, and send- 31 min. Copying, assembling, and 16 min. ing the form to the IRS. Respondent/Recordkeeper: sending the form to the Recordkeeping ...... 7 min. Frequency of Response: On occasion. IRS. Learning about the law or the 13 min. Estimated Total Reporting/ Frequency of Response: Annually. form. Recordkeeping Burden: 412 hours. Estimated Total Reporting/ Preparing the form ...... 24 min. OMB Number: 1545–0135. Recordkeeping Burden: 110,975 hours. Copying, assembling, and send- 19 min. Form Number: IRS Form 1138. ing the form to the IRS. Type of Review: Extension. OMB Number: 1545–1143. Frequency of Response: Annually. Title: Extension of Time for Payment Form Number: IRS Form 706–GS(D– of Taxes by a Corporation Expecting a 1). Estimated Total Reporting/ Net Operating Loss Carryback. Type of Review: Extension. Recordkeeping Burden: 1,030 hours. Description: Form 1138 is filed by Title: Notification of Distribution OMB Number: 1545–1145. corporations to request an extension of From a Generation-Skipping Trust. Form Number: IRS Form 706–GS(T), time to pay their income taxes, Description: Form 706–GS(D–1) is Schedule A and Schedule B. including estimated taxes. Corporations used by trustees to notify the IRS and Type of Review: Extension. distributees of information needed by may only file for an extension when Title: Generation-Skipping Transfer distributees to computer the Federal they expect a net operating loss Tax Return for Terminations. Generation Skipping Trust (GST) tax carryback in the tax year and want to Description: Form 706–GS(T) is used imposed by Internal Revenue Code (IRC) delay the payment of taxes from a prior by trustees to compute and report the section 2601. IRS uses the information tax year. Federal Generation-Skipping Transfer to enforce this tax and to verify that the Respondents: Business or other for- (GST) tax imposed by Internal Revenue tax has been properly computed. profit. Code (IRC) section 2601. IRS uses the Respondents: Individual or Estimated Number of Respondents/ information to enforce this tax and to households. Recordkeepers: 2,033. verify that the tax has been properly Estimated Number of Respondents/ Estimated Burden Hours Per computed. Recordkeepers: 80,000. Respondent/Recordkeeper: Respondents: Individual or Recordkeeping ...... 3 hr., 21 min. Estimated Burden Hours Per Respondent/Recordkeepers: households. Learning about the law or 42 min. Estimated Number of Respondents/ the form. Recordkeeping ...... 1 hr., 33 min. Preparing and sending the 47 min. Learning about the law or 1 hr., 46 min. Recordkeepers: 100. form to the IRS. the form. Estimated Burden Hours Per Respondent/Recordkeeper:

Form 706±GS(T) Schedule A Schedule B

Recordkeeping ...... 40 min ...... 13 min ...... 13 min. Learning about the law or the form ...... 29 min ...... 17 min ...... 7 min. Preparing the form ...... 32 min ...... 38 min ...... 20 min. Copying, assembling, and sending the form to the IRS ...... 20 min ...... 20 min ...... 20 min. 64628 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

Frequency of Response: Annually. and Budget, Room 10226, New Return (Form 941); Estimated Total Reporting/ Executive Office Building, Washington, Employer’s Record of Federal Tax Recordkeeping Burden: 690 hours. DC 20503. Liability (Schedule B, Form 941); OMB Number: 1545–1558. Lois K. Holland, Planilla Para La Declaracio´n Revenue Procedure Number: Revenue Departmental Reports Management Officer. Trimestral Del Patro´no´ (Form 941– Procedure 97–43 and Revenue Ruling [FR Doc. 97–31958 Filed 12–5–97; 8:45 am] PR); 97–39. BILLING CODE 4830±01±P Registro Suplementario De La Type of Review: Extension. Obligacio´n Contributiva Federal Del Title: Procedures for Electing Out of Patro´no´ (Schedule B, Form 941– Exemptions Under Section 1.475(c)–1 DEPARTMENT OF THE TREASURY PR); (Revenue Procedure 97–43); and Mark Employer’s Quarterly Federal Tax Submission to OMB for Review; to Market Accounting Method for Return (American Samoa, Guam, Comment Request Dealers in Securities (Revenue Ruling the Commonwealth of the Northern 97–39). December 2, 1997. Mariana Islands, and the U.S. Description: Revenue Procedure 97– The Department of Treasury has Virgin Islands (Form 941–SS); and 43 provides taxpayers automatic submitted the following public Payment Voucher (Form 941–V). consent to change to mark-to-market information collection requirement(s) to accounting for securities after the Description: Form 941 is used by OMB for review and clearance under the employers to report payments made to taxpayer elects under 1.475(c)–1, subject Paperwork Reduction Act of 1995, to specified terms and conditions. employees subject to income tax and Public Law 104–13. Copies of the Social Security/Medicare taxes and the Revenue Ruling 97–39 provides submission(s) may be obtained by taxpayers additional mark-to-market amounts of these taxes. Form 941–PR is calling the Treasury Bureau Clearance used by employers in Puerto Rico to guidance in a question and answer Officer listed. Comments regarding this format. report Social Security and Medicare information collection should be taxes only. Form 941–SS is used by Respondents: Business or other for- addressed to the OMB reviewer listed profit. employers in the U.S. possessions to and to the Treasury Department report Social Security and Medicare Estimated Number of Respondents: Clearance Officer, Department of the 20,000. taxes only. Schedule B is used by Treasury, Room 2110, 1425 New York employers to record their employment Estimated Burden Hours Per Avenue, NW., Washington, DC 20220. Respondent: 27 hours, 30 minutes. tax liability. Frequency of Response: On occasion. Internal Revenue Service (IRS) Respondents: Business or other for- Estimated Total Reporting Burden: OMB Number: 1545–0029. profit, individual or households, not- 550,000 hours. Form Number: IRS Forms 941, for-profit institutions, Federal Clearance Officer: Garrick Shear (202) Schedule B (Form 941); 941–PR, Government, State, Local or Tribal 622–3869, Internal Revenue Service, Schedule B (941–PR); 941–SS, and 941– Governments. Room 5571, 1111 Constitution Avenue, V. Estimated Number of Respondents/ NW., Washington, DC 20224. Type of Review: Extension. Recordkeepers: 12,494,773. OMB Reviewer: Alexander T. Hunt Title: Estimated Burden Hours Per (202) 395–7860, Office of Management Employer’s Quarterly Federal Tax Respondent/Recordkeeper:

Copying, assembling, Form Recordkeeping Learning about the Preparing the form and sending the form law or the form to the IRS

941 ...... 11 hr., 43 min ...... 28 min ...... 1 hr., 37 min ...... 16 min 941 Schedule B ...... 2 hr., 40 min ...... 0 min ...... 2 min ...... 0 min 941±PR ...... 7 hr., 0 min ...... 6 min ...... 12 min ...... 0 min 941±PR Schedule B ...... 2 hr., 40 min ...... 0 min ...... 2 min ...... 0 min 941±SS ...... 7 hr., 16 min ...... 0 min ...... 13 min ...... 0 min 941±V ...... 14 min ...... 0 min ...... 0 min ...... 0 min

Frequency of Response: Quarterly. DEPARTMENT OF THE TREASURY collections, as required by the Estimated Total Reporting/ Paperwork Reduction Act of 1995, Pub. Recordkeeping Burden: 318,978,543 Bureau of Alcohol, Tobacco and L. 104–13 (44 U.S.C. 3506(c)(2)(A)). hours. Firearms Currently, the Bureau of Alcohol, Clearance Officer: Garrick Shear (202) Tobacco and Firearms within the 622–3869, Internal Revenue Service, Proposed Collection; Comment Department of the Treasury is soliciting Room 5571, 1111 Constitution Avenue, Request comments concerning the Notice of NW., Washington, DC 20224. Firearms Manufactured or Imported. OMB Reviewer: Alexander T. Hunt ACTION: Notice and request for (202) 395–7860, Office of Management comments. DATES: Written comments should be received on or before February 6, 1998 and Budget, Room 10226, New SUMMARY: The Department of the to be assured of consideration. Executive Office Building, Washington, Treasury, as part of its continuing effort DC 20503. to reduce paperwork and respondent ADDRESSES: Direct all written comments Lois K. Holland, burden, invites the general public and to Linda Barnes, Bureau of Alcohol, Departmental Reports, Management Officer. other Federal agencies to take this Tobacco and Firearms, 650 [FR Doc. 97–31959 Filed 12–5–97; 8:45 am] opportunity to comment on proposed Massachusetts Avenue, NW., BILLING CODE 4830±01±U and/or continuing information Washington, DC 20226, (202) 927–8930. Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64629

FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE TREASURY Estimated Time Per Respondent: 48 Requests for additional information or minutes. copies of the form(s) and instructions Bureau of Alcohol, Tobacco and Estimated Total Annual Burden should be directed to Nereida Levine, Firearms Hours: 2,148. National Firearms Act Branch, 650 Request for Comments Massachusetts Avenue, NW., Proposed Collection; Comment Request Washington, DC 20226, (202) 927–8330. Comments submitted in response to ACTION: Notice and request for this notice will be summarized and/or SUPPLEMENTARY INFORMATION: comments. included in the request for OMB Title: Notice of Firearms approval. All comments will become a SUMMARY: The Department of the Manufactured or Imported. matter of public record. Comments are Treasury, as part of its continuing effort invited on: (a) Whether the collection of OMB Number: 1512–0025. to reduce paperwork and respondent information is necessary for the proper Form Number: ATF F 2 (5320.2). burden, invites the general public and performance of the functions of the Abstract: ATF F 2 (5320.2) is used by other Federal agencies to take this agency, including whether the opportunity to comment on proposed a federally qualified firearms information shall have practical utility; and/or continuing information manufacturer or importer to report (b) the accuracy of the agency’s estimate collections, as required by the firearms manufactured or imported and of the burden of the collection of Paperwork Reduction Act of 1995, to have these firearms registered in the information; (c) ways to enhance the Public Law 104–13 (44 U.S.C. National Firearms Registration and quality, utility, and clarity of the 3506(c)(2)(A)). Currently, the Bureau of information to be collected; (d) ways to Transfer Record (NFRTR) as proof of the Alcohol, Tobacco and Firearms within minimize the burden of the collection of lawful existence of the firearm. the Department of the Treasury is information on respondents, including Current Actions: There are no changes soliciting comments concerning the through the use of automated collection to this information collection and it is Monthly Report—Export Warehouse techniques or other forms of information being submitted for extension purposes Proprietor. technology; and (e) estimates of capital only. DATES: Written comments should be or start-up costs and costs of operation, Type of Review: Extension. received on or before February 6, 1998 maintenance, and purchase of services to provide information. Affected Public: Business or other for- to be assured of consideration. profit. ADDRESS: Direct all written comments to Dated: December 2, 1997. Linda Barnes, Bureau of Alcohol, John W. Magaw, Estimated Number of Respondents: Tobacco and Firearms, 650 590. Director. Massachusetts Avenue, NW., [FR Doc. 97–32066 Filed 12–5–97; 8:45 am] Estimated Time Per Respondent: 30 Washington, DC 20226, (202) 927–8930. BILLING CODE 4810±31±P minutes. FOR FURTHER INFORMATION CONTACT: Estimated Total Annual Burden Requests for additional information or Hours: 5,900. copies of the form(s) and instructions DEPARTMENT OF THE TREASURY Request for Comments: Comments should be directed to Mary Wood, Regulations Branch, 650 Massachusetts Bureau of Alcohol, Tobacco and submitted in response to this notice will Avenue, NW., Washington, DC 20226, Firearms be summarized and/or included in the (202) 927–8185. request for OMB approval. All Proposed Collection; Comment comments will become a matter of SUPPLEMENTARY INFORMATION: Request public record. Comments are invited on: Title: Monthly Report—Export ACTION: Notice and request for (a) Whether the collection of Warehouse Proprietor. comments. information is necessary for the proper OMB Number: 1512–0115. performance of the functions of the Form Number: ATF F 5220.4 (2140). SUMMARY: The Department of the agency, including whether the Abstract: ATF F 5220.4 is a report that information shall have practical utility; Treasury, as part of its continuing effort is completed and filed by proprietors to reduce paperwork and respondent (b) the accuracy of the agency’s estimate who are qualified to operate export of the burden of the collection of burden, invites the general public and warehouses that handle untaxpaid other Federal agencies to take this information; (c) ways to enhance the tobacco products. The report provides a quality, utility, and clarity of the opportunity to comment on proposed summation of all transactions at the and/or continuing information information to be collected; (d) ways to export warehouse and accounts for the minimize the burden of the collection of collections, as required by the untaxable products being handled by Paperwork Reduction Act of 1995, information on respondents, including these proprietors. No tax will be paid on Public Law 104–13 (44 U.S.C. through the use of automated collection the tobacco products if they are properly 3506(c)(2)(A)). Currently, the Bureau of techniques or other forms of information exported. Alcohol, Tobacco and Firearms within technology; and (e) estimates of capital Current Actions: The only change to the Department of the Treasury is or start-up costs and costs of operation, this information collection is an soliciting comments concerning the maintenance, and purchase of services increase in the number of respondents Explosives Transaction Record. to provide information. therefore resulting in an increase in DATES: Written comments should be Dated: December 2, 1997. burden hours. Type of Review: Extension. received on or before February 6, 1998 John W. Magaw, Affected Public: Business or other for- to be assured of consideration. Director. profit. ADDRESSES: Direct all written comments [FR Doc. 97–32065 Filed 12–5–97; 8:45 am] Estimated Number of Respondents: to Linda Barnes, Bureau of Alcohol, BILLING CODE 4810±31±P 221. Tobacco and Firearms, 650 64630 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

Massachusetts Avenue, NW., DEPARTMENT OF THE TREASURY Estimated Total Annual Burden Washington, DC 20226, (202) 927–8930. Hours: 87,500. Bureau of Alcohol, Tobacco and FOR FURTHER INFORMATION CONTACT: Request for Comments Requests for additional information or Firearms copies of the form(s) and instructions Comments submitted in response to Proposed Collection; Comment should be directed to Gail H. Davis, this notice will be summarized and/or Request Firearms, Explosives and Arson included in the request for OMB Programs Division, 650 Massachusetts ACTION: Notice and request for approval. All comments will become a Avenue, NW., Washington, DC 20226, comments. matter of public record. Comments are (202) 927–8053. invited on: (a) whether the collection of SUMMARY: The Department of the information is necessary for the proper SUPPLEMENTARY INFORMATION: Treasury, as part of its continuing effort performance of the functions of the Title: Explosives Transaction Record. to reduce paperwork and respondent agency, including whether the OMB Number: 1512–0184. burden, invites the general public and information shall have practical utility; Form Number: ATF F 5400.4. other Federal agencies to take this (b) the accuracy of the agency’s estimate Abstract: The Explosives Transaction opportunity to comment on proposed of the burden of the collection of Record is used to verify the qualification and/or continuing information information; (c) ways to enhance the and identification of unlicensed persons collections, as required by the quality, utility, and clarity of the wishing to purchase explosive materials Paperwork Reduction Act of 1995, information to be collected; (d) ways to from licensed dealers, as well as the Public Law 104–13 (44 U.S.C. minimize the burden of the collection of location in which the explosives are 3506(c)(2)(A)). Currently, the Bureau of information on respondents, including intended for storage and/or use. ATF Alcohol, Tobacco and Firearms within through the use of automated collection uses the information in its the Department of the Treasury is techniques or other forms of information investigations and inspections to soliciting comments concerning the technology; and (e) estimates of capital establish leads and determine Special Tax Renewal Registration and or start-up costs and costs of operation, compliance. Return and Special Tax Location maintenance, and purchase of services Current Actions: There are no changes Registration Listing. to provide information. to this information collection and it is DATES: Written comments should be being submitted for extension purposes Dated: December 2, 1997. received on or before February 6, 1998 John W. Magaw, only. to be assured of consideration. Type of Review: Extension. Director. ADDRESSES: Affected Public: Business or other for- Direct all written comments [FR Doc. 97–32068 Filed 12–5–97; 8:45 am] to Linda Barnes, Bureau of Alcohol, profit, individuals or households. BILLING CODE: 4810±31±P Estimated Number of Respondents: Tobacco and Firearms, 650 1,140. Massachusetts Avenue, NW., Estimated Time Per Respondent: 20 Washington, DC 20226, (202) 927–8930. DEPARTMENT OF THE TREASURY minutes. FOR FURTHER INFORMATION CONTACT: Estimated Total Annual Burden Requests for additional information or Bureau of Alcohol, Tobacco and Hours: 7,227. copies of the form(s) and instructions Firearms Request for Comments should be directed to Robert P. Ruhf, Revenue Operations Branch, 650 Proposed Collection; Comment Comments submitted in response to Massachusetts Avenue, NW., Request this notice will be summarized and/or Washington, DC 20226, (202) 927–8188. ACTION: included in the request for OMB Notice and request for approval. All comments will become a SUPPLEMENTARY INFORMATION: comments. matter of public record. Comments are Title: Special Tax Renewal SUMMARY: The Department of the invited on: (a) Whether the collection of Registration and Return and Special Tax Treasury, as part of its continuing effort information is necessary for the proper Location Registration Listing. to reduce paperwork and respondent performance of the functions of the OMB Number: 1512–0500. burden, invites the general public and agency, including whether the Form Number: ATF F 5630.5R and other Federal agencies to take this information shall have practical utility; ATF F 5630.5RC. opportunity to comment on proposed (b) the accuracy of the agency’s estimate Abstract: All of the information and/or continuing information of the burden of the collection of requested on ATF F 5630.5R and ATF collections, as required by the information; (c) ways to enhance the F 5630.5RC is essential to the functions Paperwork Reduction Act of 1995, quality, utility, and clarity of the of collecting, processing and accounting Public Law 104–13 (44 U.S.C. information to be collected; (d) ways to for alcohol, tobacco and/or firearms 3506(c)(2)(A)). Currently, the Bureau of minimize the burden of the collection of special tax payments. The forms Alcohol, Tobacco and Firearms within information on respondents, including identify the taxpayer, tax classes and the the Department of the Treasury is through the use of automated collection particular premises covered by the soliciting comments concerning the techniques or other forms of information return. Distilled Spirits Plant (DSP) Processing technology; and (e) estimates of capital Current Actions: The only change to Records and Reports. or start-up costs and costs of operation, this information collection is a decrease DATES: Written comments should be maintenance, and purchase of services in the number of respondents. received on or before February 6, 1998 to provide information. Type of Review: Extension. Affected Public: Business or other for- to be assured of consideration. Dated: December 2, 1997. profit. ADDRESSES: Direct all written comments John W. Magaw, Estimated Number of Respondents: to Linda Barnes, Bureau of Alcohol, Director. 350,000. Tobacco and Firearms, 650 [FR Doc. 97–32067 Filed 12–5–97; 8:45 am] Estimated Time Per Respondent: 15 Massachusetts Avenue, NW., BILLING CODE 4810±31±P minutes. Washington, DC 20226, (202) 927–8930. Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64631

FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE TREASURY Estimated Total Annual Burden Requests for additional information or Hours: 250. copies of the form(s) and instructions Bureau of Alcohol, Tobacco and Request for Comments should be directed to Marsha D. Baker, Firearms Regulations Division, 650 Massachusetts Comments submitted in response to Avenue, NW., Washington, DC 20226, Proposed Collection; Comment this notice will be summarized and/or (202) 927–8177. Request included in the request for OMB approval. All comments will become a SUPPLEMENTARY INFORMATION: ACTION: Notice and request for comments. matter of public record. Comments are Title: Distilled Spirits Plant (DSP) invited on: (a) whether the collection of Processing Records and Reports. SUMMARY: The Department of the information is necessary for the proper OMB Number: 1512–0198. Treasury, as part of its continuing effort performance of the functions of the Form Number: ATF F 5110.28. to reduce paperwork and respondent agency, including whether the Recordkeeping Requirement ID burden, invites the general public and information shall have practical utility; Number: ATF REC 5110/3. other Federal agencies to take this (b) the accuracy of the agency’s estimate Abstract: The information collected is opportunity to comment on proposed of the burden of the collection of necessary to account for and verify the and/or continuing information information; (c) ways to enhance the processing of distilled spirits in bond. collections, as required by the quality, utility, and clarity of the The information is used to audit plant Paperwork Reduction Act of 1995, information to be collected; (d) ways to operations, monitor industry activities Public Law 104–13 (44 U.S.C. minimize the burden of the collection of for the efficient allocation of personnel 3506(c)(2)(A)). Currently, the Bureau of information on respondents, including resources and the compilation of Alcohol, Tobacco and Firearms within through the use of automated collection statistics. The record retention the Department of the Treasury is techniques or other forms of information requirement for this information soliciting comments concerning the technology; and (e) estimates of capital collection is 3 years. Signing Authority for Corporate or start-up costs and costs of operation, Current Actions: There are no changes Officals. maintenance, and purchase of services to this information collection and it is DATES: Written comments should be to provide information. being submitted for extension purposes received on or before February 6, 1998 Dated: December 2, 1997. only. to be assured of consideration. John W. Magaw, Type of Review: Extension. ADDRESSES: Direct all written comments Affected Public: Business or other for- Director. to Linda Barnes, Bureau of Alcohol, [FR Doc. 97–32070 Filed 12–5–97; 8:45 am] profit. Tobacco and Firearms, 650 BILLING CODE 4810±31±P Estimated Number of Respondents: Massachusetts Avenue, NW., 134. Washington, DC 20226, (202) 927–8930. Estimated Time Per Respondent: 2 FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE TREASURY hours. Requests for additional information or Estimated Total Annual Burden copies of the form(s) and instructions Fiscal Service Hours: 3,886. should be directed to Majorie D. Ruhf, Request for Comments Regulations Branch, 650 Massachusetts Surety Companies Acceptable on Avenue, NW., Washington, DC 20226, Federal Bonds: Executive Risk Comments submitted in response to (202) 927–8202. Indemnity Inc. this notice will be summarized and/or included in the request for OMB SUPPLEMENTARY INFORMATION: SUMMARY: (Dept. Circ. 570, 1997 Rev., Supp. No. 4). approval. All comments will become a Title: Signing Authority for Corporate matter of public record. Comments are Officials. FOR FURTHER INFORMATION CONTACT: invited on: (a) whether the collection of OMB Number: 1512–0188. Surety Bond Branch (202) 874–6507. information is necessary for the proper Form Number: ATF F 5100.1. A Certificate of Authority as an performance of the functions of the Abstract: ATF collects this acceptable surety on Federal Bonds is agency, including whether the information in order to assure that only hereby issued to the following company information shall have practical utility; individuals authorized by a regulated under Sections 9304 to 9308, Title 31, (b) the accuracy of the agency’s estimate business sign the form on the business’ of the United States Code. Federal bond- of the burden of the collection of behalf. The form identifies the approving officers should annotate their information; (c) ways to enhance the corporation, the individual or office reference copies of the Treasury Circular quality, utility, and clarity of the authorized to sign, and documents the 570, 1997 Revision, on page 35558 to information to be collected; (d) ways to authorization. The permittee is required reflect this addition: minimize the burden of the collection of to keep copies of all qualifying Executive Risk Indemnity Inc. information on respondents, including documents for 3 years after final BUSINESS ADDRESS: 82 Hopmeadow through the use of automated collection discontinuance. Street, P.O. Box 2002, Simsbury, CT, techniques or other forms of information Current Actions: There are no changes 06070–7683. PHONE: (860) 408–2000. technology; and (e) estimates of capital to this information collection and it is UNDERWRITING LIMITATION: b or start-up costs and costs of operation, being submitted for extension purposes $12,001,000. SURETY LICENSES: c AL, maintenance, and purchase of services only. AK, AZ, AR, CA, DE, DC, GA, HI, ID, IL, to provide information. Type of Review: Extension. IN, IA, KS, KY, LA, MD, MA, MI, MN, Affected Public: Business or other for- MS, MO, MT, NE, NV, NH, NJ, NM, NY, Dated: December 2, 1997. profit. NC, ND, OH, OK, OR, PA, PR, RI, SC, John W. Magaw, Estimated Number of Respondents: SD, TN, TX, UT, VT, VA, WA, WV, WI, Director. 1,000. WY. INCORPORATED IN: Delaware. [FR Doc. 97–32069 Filed 12–5–97; 8:45 am] Estimated Time Per Respondent: 15 Certificates of Authority expire on BILLING CODE 4810±31±P minutes. June 30 each year, unless revoked prior 64632 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices to that date. The Certificates are subject FOR FURTHER INFORMATION CONTACT: of the information to be collected; (d) to subsequent annual renewal as long as Requests for additional information or ways to minimize the burden of the the companies remain qualified (31 CFR copies of the form and instructions collection of information on Part 223). A list of qualified companies should be directed to Martha R. Brinson, respondents, including through the use is published annually as of July 1 in (202) 622–3869, Internal Revenue of automated collection techniques or Treasury Department Circular 570, with Service, room 5571, 1111 Constitution other forms of information technology; details as to underwriting limitations, Avenue NW., Washington, DC 20224. and (e) estimates of capital or start-up areas in which licensed to transact costs and costs of operation, SUPPLEMENTARY INFORMATION: surety business and other information. maintenance, and purchase of services The Circular may be viewed and Title: Request for Copy or Transcript to provide information. downloaded through the Internet (http:/ of Tax Form. Approved: November 25, 1997. OMB Number: 1545–0429. /www.fms.treas.gov/c570.html) or Garrick R. Shear, through our computerized public Form Number: 4506. IRS Reports Clearance Officer. bulletin board system (FMS Inside Line) Abstract: Internal Revenue Code at (202) 874–6887. A hard copy may be section 7513 allows taxpayers to request [FR Doc. 97–32076 Filed 12–5–97; 8:45 am] purchased from the Government a copy of a tax return or related BILLING CODE 4830±01±U Printing Office (GPO), Subscription documents. Form 4506 is used for this purpose. The information provided will Service Washington, DC, telephone DEPARTMENT OF THE TREASURY (202) 512–1800. When ordering the be used for research to locate the tax Circular from GPO, use the following form and to ensure that the requestor is Internal Revenue Service stock number: 048000–00509–8. the taxpayer or someone authorized by Questions concerning this Notice may the taxpayer to obtain the documents Proposed Collection; Comment be directed to the U.S. Department of requested. Request for Form 1041 and Related the Treasury, Financial Management Current Actions: There are no changes Schedules D, J, and K±1 Service, Funds Management Division, being made to the form at this time. Surety Bond Branch, 3700 East-West Type of Review: Extension of a AGENCY: Internal Revenue Service (IRS), Highway, Room 6A11, Hyattsville, MD currently approved collection. Treasury. 20782. Affected Public: Business or other for- ACTION: Notice and request for profit organizations, individuals or comments. Dated: December 1, 1997. households, farms, and Federal, state, SUMMARY: The Department of the Charels F. Schwan III, local, or tribal governments. Treasury, as part of its continuing effort Director, Funds Management Division, Estimated Number of Respondents: Financial Management Service. to reduce paperwork and respondent 914,540. [FR Doc. 97–32078 Filed 12–5–97; 8:45 am] Estimated Time Per Respondent: 1 hr., burden, invites the general public and BILLING CODE 4810±35±M 4 min. other Federal agencies to take this Estimated Total Annual Burden opportunity to comment on proposed Hours: 969,412. and/or continuing information DEPARTMENT OF THE TREASURY The following paragraph applies to all collections, as required by the Paperwork Reduction Act of 1995, Internal Revenue Service of the collections of information covered by this notice: Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is Proposed Collection; Comment An agency may not conduct or soliciting comments concerning Form Request for Form 4506 sponsor, and a person is not required to respond to, a collection of information 1041 and related Schedules D, J, and K– AGENCY: Internal Revenue Service (IRS), unless the collection of information 1. Treasury. displays a valid OMB control number. DATES: Written comments should be ACTION: Notice and request for Books or records relating to a received on or before February 6, 1998 comments. collection of information must be to be assured of consideration. retained as long as their contents may ADDRESSES: Direct all written comments SUMMARY: The Department of the become material in the administration to Garrick R. Shear, Internal Revenue Treasury, as part of its continuing effort of any internal revenue law. Generally, Service, room 5571, 1111 Constitution to reduce paperwork and respondent tax returns and tax return information Avenue NW., Washington, DC 20224. burden, invites the general public and are confidential, as required by 26 FOR FURTHER INFORMATION CONTACT: other Federal agencies to take this U.S.C. 6103. Requests for additional information or opportunity to comment on proposed copies of the form and instructions and/or continuing information Request for Comments should be directed to Martha R. Brinson, collections, as required by the Comments submitted in response to (202) 622–3869, Internal Revenue Paperwork Reduction Act of 1995, this notice will be summarized and/or Service, room 5571, 1111 Constitution Public Law 104–13 (44 U.S.C. included in the request for OMB Avenue NW., Washington, DC 20224. 3506(c)(2)(A)). Currently, the IRS is approval. All comments will become a soliciting comments concerning Form matter of public record. SUPPLEMENTARY INFORMATION: 4506, request for Copy or Transcript of Comments are invited on: (a) Whether Title: U.S. Income Tax Return for Tax Form. the collection of information is Estates and Trusts (Form 1041), Capital DATES: Written comments should be necessary for the proper performance of Gains and Losses (Schedule D), received on or before February 6, 1998 the functions of the agency, including Accumulation Distribution for a to be assured of consideration. whether the information shall have Complex Trust (Schedule J), ADDRESSES: Direct all written comments practical utility; (b) the accuracy of the Beneficiary’s Share of Income, to Garrick R. Shear, Internal Revenue agency’s estimate of the burden of the Deductions, Credits, etc. (Schedule K– Service, room 5571, 1111 Constitution collection of information; (c) ways to 1). Avenue NW., Washington, DC 20224. enhance the quality, utility, and clarity OMB Number: 1545–0092. Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64633

Form Number: Form 1041 and related old Part V was moved to the revenue law. Generally, tax returns and Schedules D, J, and K–1. instructions and made into a worksheet. tax return information are confidential, Abstract: IRC section 6012 requires Old Part VI was renumbered as Part V. as required by 26 U.S.C. 6103. that an annual income tax return be The new Tax Computation Using filed for estates and trusts. The data is Maximum Capital Gain Rates has been Request for Comments used by the IRS to determine that the completely revised as required by TRA Comments submitted in response to estates, trusts, and beneficiaries filed the 97. this notice will be summarized and/or proper returns and paid the correct tax. Schedule K–1 Current Actions: included in the request for OMB The following changes were made: New lines 4a and 4b were added to approval. All comments will become a Form 1041: reflect changes made by TRA 97. The matter of public record. Comments are beneficiaries need this breakdown of invited on: (a) Whether the collection of Page 2 long-term capital gain to complete their information is necessary for the proper Line 6 was added to Schedule A for own Schedule D. performance of the functions of the an adjustment necessitated by Internal Type of Review: Revision of a agency, including whether the Revenue Code section 1202. currently approved collection. information shall have practical utility; Other Information—Line 9 was added Affected Public: Business or other for- (b) the accuracy of the agency’s estimate to identify those returns with potential profit organizations and individuals. of the burden of the collection of for generation-skipping transfer tax. Estimated Number of Respondents: information; (c) ways to enhance the 3,242,585. quality, utility, and clarity of the Page 3 Estimated Time Per Respondent: 107 information to be collected; (d) ways to Line 11 was added to Schedule I for hr., 21 min. minimize the burden of the collection of the new section 1202 adjustment. Estimated Total Annual Burden New Part IV was necessitated by the Hours: 348,095,641. information on respondents, including capital gain changes in the Taxpayer The following paragraph applies to all through the use of automated collection Relief Act of 1997 (TRA 97). Because of the collections of information covered techniques or other forms of information capital gain rates may not be below the by this notice: technology; and (e) estimates of capital alternative minimum tax rates, An agency may not conduct or or start-up costs and costs of operation, fiduciaries must calculate the capital sponsor, and a person is not required to maintenance, and purchase of services gains minimum tax on Schedule I. respond to, a collection of information to provide information. unless the collection of information Approved: November 26, 1997. Schedule D displays a valid OMB control number. Garrick R. Shear, Line 4 was deleted to reduce burden Books or records relating to a collection and save space. of information must be retained as long IRS Reports Clearance Officer. Parts II and III were revised to reflect as their contents may become material [FR Doc. 97–32077 Filed 12–5–97; 8:45 am] the capital gain changes in TRA 97. The in the administration of any internal BILLING CODE 4830±01±U 64634

Corrections Federal Register Vol. 62, No. 235

Monday, December 8, 1997

This section of the FEDERAL REGISTER September 23, 1997, make the following On page 62912, in the second column, contains editorial corrections of previously correction: under Discussion of Public Comments, published Presidential, Rule, Proposed Rule, in the second line, ‘‘July ’’ should read and Notice documents. These corrections are § 101.4 [Corrected] ‘‘June’’. prepared by the Office of the Federal On page 49848, in § 101.4(h)(1), in the BILLING CODE 1505-01-D Register. Agency prepared corrections are first column, in the first line, ‘‘pressed’’ issued as signed documents and appear in should read ‘‘be expressed’’. the appropriate document categories elsewhere in the issue. BILLING CODE 1505-01-D DEPARTMENT OF TRANSPORTATION Federal Aviation Administration DEPARTMENT OF HOUSING AND DEPARTMENT OF HEALTH AND URBAN DEVELOPMENT [Summary Notice No. PE±97±58] HUMAN SERVICES 24 CFR Part 570 Petitions for Exemption; Summary of Petitions Received; Dispositions of Food and Drug Administration [Docket No. FR-4155-F-02] Petitions Issued 21 CFR Part 101 RIN 2506-AB91 Correction Food Labeling; Statement of Identity, Community Development Block In notice document 97–30775, Nutrition Labeling and Ingredient Grants: New York Small Cities beginning on page 62665, in the issue of Labeling of Dietary Supplements; Program Monday, November 24, 1997, make the Compliance Policy Guide, Revocation following correction: Correction On page 62665, in the second column, Correction In rule document 97–30940, in Petitions for Exemption, in the 12th beginning on page 62912, in the issue of line, Docket No.: ‘‘29041’’ should read In rule document 97–24739 beginning Tuesday, November 25, 1997, make the ‘‘29014’’. on page 49826, in the issue of Tuesday, following correction: BILLING CODE 1505-01-D eDt 2DC9 91 e 5 97Jt009 O000Fm001Ft41 ft41 :F\MP8E.T 08der2 E:\FR\FM\P08DE0.PT2 Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt010199 19:12Dec05, 1997 VerDate 02-DEC-97 federal register December 8,1997 Monday Rule Impoundments, andContainers;Final Standards forTanks,Surface Generators; OrganicAirEmission Disposal FacilitiesandHazardousWaste Hazardous WasteTreatment,Storage,and 40 CFRPart264,etal. Protection Agency Environmental Part II 64635 64636 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations

ENVIRONMENTAL PROTECTION capable of releasing organic waste Docket. The supporting information AGENCY constituents at levels which can harm used for the subpart CC rulemaking is human health and the environment. available for public inspection and 40 CFR Parts 264, 265, and 270 Since publication of the final copying in the RCRA docket. The RCRA docket numbers pertaining to this [IL±64±2±5807; FRL±5931±7] standards on December 6, 1994, the EPA has given public notice and taken rulemaking are F–91–CESP–FFFFF, F– RIN 2060±AG44 comment on several proposed revisions 92–CESA–FFFFF, F–94–CESF–FFFFF, to the final rule, and has made F–94–CE2A–FFFFF, F–95–CE3A– Hazardous Waste Treatment, Storage, corresponding amendments. In response FFFFF, F–96–CE3F–FFFFF, and F–96– and Disposal Facilities and Hazardous to public comments and inquiries, CE4A–FFFFF. The RCRA docket is Waste Generators; Organic Air today’s action makes clarifying located at Crystal Gateway, 1235 Emission Standards for Tanks, Surface amendments to certain regulatory text, Jefferson Davis Highway, First Floor, Impoundments, and Containers and provides clarification of certain Arlington, Virginia. Review of docket AGENCY: Environmental Protection preamble language that was contained materials is conducted at the Virginia Agency (EPA). in previous documents for this address; the public must have an appointment to review docket materials. ACTION: Final rule; clarification and rulemaking. Appointments can be scheduled by technical amendment. DATES: These amendments are effective calling the Docket Office at (703) 603– December 8, 1997. SUMMARY: Under the authority of the 9230. The mailing address for the RCRA Resource Conservation and Recovery ADDRESSES: This document is available docket office is RCRA Information Act (RCRA), as amended, the EPA has on the EPA’s Clean-up Information Center (5305W), U.S. Environmental promulgated standards (59 FR 62896, Bulletin Board (CLU–IN). To access Protection Agency, 401 M Street SW, December 6, 1994) to reduce organic air CLU–IN with a modem of up to 28,800 Washington, DC 20460. emissions from certain hazardous waste baud, dial (301) 589–8366. First time FOR FURTHER INFORMATION CONTACT: For management activities to levels that are users will be asked to input some initial general information about the RCRA Air protective of human health and the registration information. Next, select Rules, or specific rule requirements of environment. (The standards are known ‘‘D’’ (download) from the main menu. RCRA rules, please contact the RCRA colloquially as the ‘‘subpart CC’’ Input the file name ‘‘RCRA–FIN.ZIP’’ to Hotline, toll-free at (800) 424–9346. standards due to their inclusion in download this document. Follow the Contacts for specific information are subpart CC of parts 264 and 265 of the on-line instructions to complete the listed in the SUPPLEMENTARY RCRA subtitle C regulations). These air download. More information about the INFORMATION section of this preamble. standards control organic emissions download procedure is located in SUPPLEMENTARY INFORMATION: from certain tanks, containers, and Bulletin 104; to read this type ‘‘B 104’’ surface impoundments (including tanks from the main menu. For additional Regulated Entities: The entities and containers at generators’ facilities) help with these instructions, telephone potentially affected by this action used to manage hazardous waste the CLU–IN help line at (301) 589–8368. include:

Category Examples of regulated entities

Industry ...... Businesses that treat, store, or dispose of hazardous waste and are subject to RCRA subtitle C permitting requirements, or that accumulate hazardous waste on-site in RCRA permit-exempt tanks or containers pursuant to 40 CFR 262.34(a). Federal Government ...... Federal agencies that treat, store, or dispose of hazardous waste and are subject to RCRA subtitle C permit- ting requirements, or that accumulate hazardous waste on-site in RCRA permit-exempt tanks or containers pursuant to 40 CFR 262.34(a).

This table is not intended to be please contact the appropriate regional Region IV exhaustive, but rather provides a guide representative below: Denise Housley, (404) 562–8495; Rick for readers regarding entities likely to be Region I Gillam, 562–8498; Jan Martin, 562– interested in the amendments to the 8593; Anita Shipley, 562–8466; regulation affected by this action. To Stephen Yee, (617) 565–3550; Jim Donna Wilkinson, 562–8490; Judy determine whether your facility is Gaffey, 565–3437; U.S. EPA, Region I, Sophianolpoulos, 562–8604; David regulated by this action, you should JFK Federal Building, Boston, MA Langston, 562–8588; U.S. EPA, Region carefully examine the applicability 02203–0001 IV, 61 Forsyth Street, Atlanta, GA criteria in § 264.1030 and § 265.1030 of 30303 the RCRA subpart AA rules, § 264.1050 Region II Region V and § 265.1050 of the RCRA subpart BB Abdool Jabar, (212) 637–4131; John rules, and § 264.1080 and § 265.1080 of Brogard, 637–4162; Jim Sullivan, 637– Jae Lee, (312) 886–3781; Uylaine the RCRA subpart CC air rules. 4138; U.S. EPA, Region II, 290 McMahan, 886–4454; Mike Mikulka, 886–6760; Ivonne Vicente, 886–4449; Informational Contacts Broadway, New York, NY 10007–1866 Wen Huang, 886–6191; U.S. EPA, If you have questions regarding the Region III Region V, 77 West Jackson Street, Chicago, IL 60604 applicability of this action to a Linda Matyskiela, (215) 566–3420; particular situation, or questions about Andrew Clibanoff, 566–3391; U.S. Region VI compliance approaches, permitting, EPA, Region III, 841 Chestnut enforcement and rule determinations, Michelle Peace, (214) 665–7430; Teena Building, Philadelphia, PA 19107 Wooten, 665–2279; U.S. EPA, Region

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VI, 1445 Ross Avenue, Suite 1200, The EPA today is making technical final rule to better convey the EPA’s Dallas, TX 75202–2733 amendments to the final subpart AA, original intent. BB, and CC standards, and providing On November 25, 1996, the EPA Region VII interpretations for certain provisions of published a Federal Register document Ed Buckner, (913) 551–7621; Ken those rules. Since the publication of the (61 FR 59932), ‘‘Final rule’’ that Herstowski, 551–7631; U.S. EPA, final subpart CC rule (59 FR 69826, amended provisions of the final Region VII, 726 Minnesota Avenue, December 4, 1994), the EPA has subparts AA, BB, CC rules to better Kansas City, KS 66101 published four Federal Register convey the EPA’s original intent, to documents that delayed the effective provide additional flexibility to owners Region VIII date of that rule. The first (60 FR 26828, and operators who must comply with Mindy Mohr, (303) 312–6525; Janice May 19, 1995) revised the effective date the rules, and to change the effective Pearson, 312–6354; U.S. EPA, Region of the standards to be December 6, 1995. date of the requirements contained in VIII, 999 18th Street, Suite 500, The second (60 FR 56952, November 13, the subpart CC rules to be December 6, Denver, CO 80202–2466 1995) revised the effective date of the 1996. standards to be June 6, 1996. The third Today’s action makes technical Region IX (61 FR 28508, June 5, 1996) further amendments to the final subparts AA, Stacy Braye, (415) 774–2056; Jean postponed the effective date for the rule BB, CC rules in order to clarify the Daniel, 774–2128; U.S. EPA, Region requirements until October 6, 1996, and regulatory text of the final standards; IX, 75 Hawthorne Street, San the fourth (61 FR 59931, November 25, interpret those standards; correct Francisco, CA 94105 1996) established the ultimate effective typographical, printing, and date of December 6, 1996. The EPA has grammatical errors; and clarify certain Region X also issued an indefinite stay of the language published in the preambles of Linda Liu, (206) 553–1447; David standards specific to units managing previous Federal Register documents, to Bartus, 553–2804; U.S. EPA, Region wastes produced by certain organic better convey the EPA’s original intent. X, 1200 Sixth Avenue, Seattle, WA peroxide manufacturing processes (60 Today’s amendments include one 98101 FR 50426, September 29, 1995). change to 40 CFR Part 270, to correct a On August 14, 1995, the EPA typographical error made in the For questions about testing or published a Federal Register document December 6, 1994 final rule. The text analytical methods mentioned in this entitled, ‘‘Proposed rule; data listing the sections of regulatory document, please contact Ms. Rima availability’’ (60 FR 41870) and opened requirements that must be included in Dishakjian, Emission Measurement RCRA docket F–95–CE3A–FFFFF to the general inspection schedule Center (MD–19), U.S. Environmental accept comments on revisions that the incorrectly listed ‘‘245.193(i)’’ where Protection Agency, Research Triangle EPA was considering for the final section 264.193(i) was intended. This Park, North Carolina 27711, telephone subpart CC standards. The EPA was obviously a typographical error, as number (919) 541–0443. For accepted public comments on the all of the sections listed in that information concerning the analyses appropriateness of these revisions provision are from 40 CFR part 264; the performed in developing this rule, through October 13, 1995. Throughout sections are listed in numeric order, and contact Ms. Michele Aston, Emission 1996 and into the present year, the EPA ‘‘245.193(i)’’ was very obviously out of Standards Division (MD–13), U.S. also engaged in repeated discussions place. Further, no section 245.193(i) Environmental Protection Agency, with representatives of the groups filing exists; in fact, no 40 CFR 245 exists. Research Triangle Park, North Carolina petitions for review challenging the Today’s amendment corrects this 27711, telephone number (919) 541– subpart CC standards. typographical error. 2363, electronic mail address, To further inform the affected public ‘‘[email protected].’’ of the major clarifications, compliance Outline Background options, and technical amendments The information presented in this being considered, the EPA conducted a preamble is organized as follows: Section 3004(n) of RCRA requires series of seminars during August and EPA to develop standards to control air I. Subpart B—General Facility Standards September of 1995. At that time, a total II. Subpart E—Manifest System, emissions from hazardous waste of six seminars were held nationally. An Recordkeeping, and Reporting treatment, storage, and disposal updated series of six seminars was held III. Subpart AA—Air Emission Standards for facilities (TSDF) as may be necessary to in September through December 1996 Process Vents protect human health and the and two additional seminars were held A. Applicability environment. This requirement echoes March and April of 1997 in conjunction B. Definitions the general requirement in RCRA with an industry trade association. C. Standards: Closed-Vent Systems and section 3004(a) and section 3002(a)(3) to (Refer to EPA RCRA Docket No. F–95– Control Devices develop standards to control hazardous D. Recordkeeping Requirements CE3A–FFFFF.) During these seminars, IV. Subpart BB—Air Emission Standards for waste management activities as may be additional comments were received on Equipment Leaks necessary to protect human health and the RCRA air rules for tanks, surface A. Applicability the environment. The Agency has impoundments, and containers. These B. Standards: Closed-Vent Systems and issued a series of regulations to comments were also considered by the Control Devices implement the section 3004(n) mandate; EPA in developing this final action. C. Alternative Standards for Valves these regulations control air emissions On February 9, 1996, the EPA D. Recordkeeping Requirements from certain process vents and published a Federal Register document E. Open-ended Valves and Lines equipment leaks (part 264 and part 265, (61 FR 4903), ‘‘Final rule; technical V. Subpart CC—Air Emission Standards for subparts AA and BB), and emissions amendment,’’ which made clarifying Tanks, Surface Impoundments, and Containers from certain tanks, containers, and amendments in the regulatory text of the A. Applicability and Definitions surface impoundments (the subpart CC final standards, corrected typographical B. Schedule for Implementation of Air standards, which are the primary and grammatical errors, and clarified Emission Standards subject of today’s action). certain language in the preamble to the C. Standards: General

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D. Waste Determination Procedures III. Subpart AA—Air Emission minimizes the administrative burden on E. Standards: Tanks Standards for Process Vents the TSDF owner or operator as well as F. Standards: Surface Impoundments limits the additional burden on the A. Applicability G. Standards: Containers permitting resources of the EPA. H. Standards: Closed-Vent Systems and In today’s action, the EPA is However, when a permit is reopened or Control Devices amending §§ 264.1030(b)(3), subject to renewal, or when a TSDF I. Recordkeeping and Reporting 264.1050(b)(3), 265.1030(b)(3), and Requirements owner or operator submits a Class 3 J. Appendix VI to Part 265 265.1050(b)(3) to make clear the EPA’s modification request pertaining to an VI. Administrative Requirements original intent as to when recycling existing unit or addition of a new unit A. Docket units are subject to the subpart AA and subject to these standards, then the B. Paperwork Reduction Act BB rules. The EPA made clear in the applicable requirements of 40 CFR part C. Executive Order 12866 November 25, 1996 preamble that 264, subparts AA, BB, and CC will be D. Regulatory Flexibility recycling units which are otherwise incorporated into the modified permit E. Unfunded Mandates Act exempt from RCRA subtitle C regulation conditions. F. Immediate Effective Date under 40 CFR 261.6(c)(1) are not subject The EPA is also amending the VII. Legal Authority to subpart AA and BB standards unless applicability provision of subpart AA by I. Subpart B—General Facility some other unit at the facility has to adding a new § 264.1030(d) and Standards obtain a RCRA permit. See 61 FR at § 265.1030(d). This provision states that 59932–33, and 59935. The Agency also a process vent is not subject to the Today’s action removes showed how the existing regulation subpart AA standards provided the §§ 264.1091(b) and 265.1091(b) from the could be interpreted to give this result. owner or operator certifies that all list of sections in §§ 264.15 and 265.15, Id. at 59935. Put another way, Subparts subpart AA-regulated process vents at respectively. Sections 264.15 and 265.15 AA and BB are applicable to recycling the facility are equipped with and contain a list of provisions from which units at permitted TSDF and interim operating air emission controls in inspection items and frequencies are status TSDF. Also, at both TSDF and accordance with the requirements of an required to be included in the general generator facilities (generators’ 90-day applicable Clean Air Act regulation facility inspection schedule. The accumulation units), subparts AA and codified in Part 60, 61, or 63. The EPA inspection requirements for floating roof BB are applicable to units that are not adopted a similar provision for units tanks that were in §§ 264.1091(b) and recycling units. However, the EPA subject to subpart CC as part of the 265.1091(b) of subpart CC as believes that the rule language can be November 1996 amendments (see promulgated, were incorporated into drafted to make this point more clearly, § 264.1080(d) and § 265.1080(d) of §§ 264.1084 and 265.1085 by the and is doing so in today’s rule, for both subpart CC) and the logic for applying November 25, 1996, final rule subpart AA and BB. the same exemption in the same manner amendments (61 FR 59944). That action The EPA is further clarifying that the to subpart AA process vents is identical. also removed and reserved RCRA ‘‘permit-as-shield’’ provisions do The preamble discussion at Section §§ 264.1091(b) and 265.1091(b). not apply to the subpart AA (or the IV.C, 61 FR 59938–59939 (November 25, Therefore, the EPA is revising this subpart BB or CC standards); see Section 1996) explains at length why this provision to reference the paragraphs VI.E of the preamble to the final rule, 59 exemption avoids unnecessary that now contain the inspection FR 62910, December 6, 1994. This duplication with CAA requirements, all requirements. The EPA is also means that owners and operators of which discussion applies equally correcting a previous omission, by receiving permits before the date those here. The EPA in fact intended that the including a reference to the sections of rules became effective must exemption apply to subpart AA process subpart CC that include inspections nevertheless comply with the subpart vents as well (since there is no basis for requirements. AA (and the subpart BB and CC) distinguishing between subpart AA and II. Subpart E—Manifest System, regulatory standards. The EPA is adding CC units for this purpose), but Recordkeeping, and Reporting a sentence to § 264.1030(c) which inadvertently omitted the exemption essentially cross-references the existing from subpart AA when it codified the Today’s action also removes § 270.4(d) provision stating that subpart CC exemption. Today’s §§ 264.1091(b) and 265.1091(b) from the ‘‘permit-as-a shield’’ does not apply to amendment corrects that oversight. list of sections from which monitoring, these units. This exemption is, however, testing, or analytical data, and corrective The EPA has previously amended 40 implemented slightly differently from action requirements must be included in CFR 270.4 (see 59 FR 62952, December the parallel exemption for subpart CC the facility operating record. The 6, 1994) to require that owners and units. Both of the compliance monitoring and testing requirements for operators of TSDF that have been issued approaches allowed under the existing floating roof tanks that were in final permits prior to December 6, 1996, subpart AA rules require emission §§ 264.1091(b) and 265.1091(b) of comply with the air standards under 40 control or emission limits on a facility- subpart CC as promulgated, were CFR part 265, subparts AA, BB, and CC wide basis. See 40 CFR 264.1032(a)(1) incorporated into §§ 264.1084 and until the facility’s permit is reviewed or and (a)(2). Thus, to be equally protective 265.1085 by the November 25, 1996 reissued by the EPA. As was explained of human health and the environment, final rule amendments (61 FR 59944) in Section VIII.A of the preamble to the the EPA considers it necessary that any and, as just noted, §§ 264.1091(b) and final rule (59 FR 62920, December 6, alternative compliance demonstration 265.1091(b) were removed and reserved. 1994), this amendment eliminates require control of all of the process Therefore, the EPA is revising this application of the ‘‘permit-as-a-shield’’ vents at the facility that would have provision to reference the paragraphs practice for these air standards but does otherwise been regulated under subpart that now contain the appropriate not require that the EPA or the TSDF AA. Therefore, today’s exemption is requirements, and including a reference owner or operator initiate a permit only available at a facility where each to provisions of subpart CC that were modification to add the requirements of and every process vent that would previously omitted through an 40 CFR part 264, subparts AA, BB, or otherwise be subject to subpart AA is oversight. CC. The EPA believes that this equipped with, and operating air

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As with the similar been raised by the regulated community lower case rather than as a superscript; provisions in subparts BB and CC, to regarding how to account for water in today’s action corrects this. comply with the requirements at the determination of ‘‘in light liquid The November 25, 1996, amendments paragraphs § 264.1030(d) or service.’’ In response to the questions, to the subpart CC standards (at § 265.1030(c), the emissions from each the definition of ‘‘in light liquid § 265.1088(c)(2)(i)) for control devices subpart AA process vent must be routed service’’ in § 264.1031 is revised by and closed-vent systems, added through an air emission control device; changing ‘‘* * * the vapor pressure of provisions to allow up to 240 hours per a vent that is in compliance with a CAA one or more of the components in the year for periods of planned, routine standard under an exemption from stream is greater than 0.3 kilopascals maintenance of a control device; during control device requirements is not in (kPa) at 20 °C, the total concentration of such time, the control device is not compliance with those provisions of the pure components having a vapor required to meet the performance subpart AA. Despite this minor pressure greater than 0.3 kilopascals requirements for emission reductions restriction, the EPA considers this (kPa) at 20 °C is equal to or greater than specified in the rule. The EPA’s alternative to provide the facility owner 20 percent by weight * * *’’ to read as rationale for adding this allowance to or operator with a broader degree of follows ‘‘* * *the vapor pressure of one subpart CC is explained in the preamble compliance flexibility, and less or more of the organic components in to those amendments at 61 FR 59948. extensive monitoring, recordkeeping, the stream is greater than 0.3 kilopascals The EPA has determined that, based on and reporting requirements under (kPa) at 20 °C, the total concentration of the nature of the affected operation or RCRA, and therefore to warrant the pure organic components having a the type of unit that is being served by promulgation. vapor pressure greater than 0.3 the control device, there are The EPA has received inquiries as to kilopascals (kPa) at 20 °C is equal to or circumstances in which a limited whether portable equipment that greater than 20 percent by weight* * *’’ allowance for control device down-time otherwise meets the definition of a unit This revision clarifies that the definition during maintenance is reasonable. For subject to the subpart AA, BB, or CC applies only to the organic components example, the EPA made a similar regulations, is subject to the of the waste stream; not to non-organic allowance of up to 240 hours for control requirements of subparts AA, BB, and chemicals that meet the vapor pressure device performance in the HON CC. The literal language of the criteria (e.g., water). The revised requirements for storage vessels, i.e., regulations clearly applies, since there definition is consistent with the tanks, (see § 63.119(e)(3)); this is no exemption for portable equipment definition of ‘‘in light liquid service’’ in allowance was made based on in the regulations. Nor does the EPA the recently promulgated NESHAP for consideration of the fact that a HON consider that such an exemption is equipment leaks (40 CFR part 63, facility with affected storage vessels appropriate. Portable equipment that is subpart H). normally would not have adequate used to manage hazardous waste excess storage tank capacity to handle consistent with the applicability C. Standards: Closed-Vent Systems and emptying an affected tank(s) each time requirements of these subparts would Control Devices the control device serving the vessel(s) emit the same volume of organics that The final subpart AA air emission is shut down for routine maintenance. It stationary equipment would emit. The standards for process vents provided up is also important to note that the HON EPA therefore considers it appropriate to an 18-month implementation regulation did not extend this same to subject portable equipment to the schedule after the effective date that a routine maintenance allowance for same control requirements as stationary, facility becomes subject to the control devices to other types of units, or non-portable equipment. By this provisions of subpart AA, for or to affected process vents; the HON interpretation, the EPA is not extending installation and operation of closed-vent allowance is only for control devices the applicability of the AA, BB, or CC systems and control devices. The serving storage vessels. The EPA has standards; rather, the EPA is merely February 9, 1996 (61 FR 4911) revisions judged that the operational practices of clarifying that these standards do not to §§ 264.1033(a)(2) and 265.1033(a)(2) process vents are significantly different contain any exemption or special extended the implementation schedule from those of storage vessels, and thus criteria for portable equipment. to as much as 30 months, consistent do not warrant a similar allowance for Moreover, the fact that such portable with the requirements of subpart CC. control device down-time. equipment may also be used for non- Consistent with this existing provision, In the amendments to the subpart CC hazardous waste applications has no today’s revisions clarify that units rule that were published in November bearing on the EPA’s intent to regulate which become newly subject after the 1996, the EPA adopted the provision the portable equipment during instances subpart AA effective date of December from the HON, and further extended when it is used for hazardous waste 21, 1990 as a result of an EPA regulatory and broadened the control device applications. The EPA does not consider change or statutory change, are also allowance in applying it to control that fact to affect the need to control the provided a 30-month implementation devices that serve not only tanks but equipment when it is in hazardous schedule. The provision is also also surface impoundments and waste service. amended to clarify that units which containers (see § 264.1087(c)(2)(i)). The become newly subject to subpart AA decision to extend the allowance to the B. Definitions after that effective date due to any subpart CC hazardous waste ‘‘In light liquid service’’ was defined reason other than an EPA regulatory management units was also based on the in § 264.1031 to be consistent with the change or statutory amendment are not consideration of typical operational definition of ‘‘in light liquid service’’ in allowed to comply using an practices of affected TSDF. Within the the NSPS for equipment leaks of VOC in implementation schedule; they must be waste management industry, the the synthetic organic chemicals in compliance on the date that the unit quantities and compositions of the manufacturing industry (40 CFR part 60, first becomes subject to subpart AA. waste managed vary widely over time; subpart VV). It was the EPA’s intent that A printing correction is also being also, many regulated waste management the determination of ‘‘in light liquid made to this section in units (i.e., tanks and impoundments)

VerDate 02-DEC-97 19:12 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\P08DE0.PT2 08der2 64640 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations have vent flow rates low enough that CFR part 63, subpart DD), do not require 1994), this amendment eliminates several units are controlled using a this instrument reading, the requirement application of the ‘‘permit-as-a-shield’’ single device. For several waste should be removed. Although subpart practice for these air standards, but does management units served by a single DD to part 63 does not contain a similar not require that the EPA or the TSDF control device, it is not feasible in most recordkeeping requirement for the owner or operator initiate a permit cases to have enough excess storage instrument reading, as part of the modification to add the requirements of capacity to handle all the units that information recorded when a leak is 40 CFR part 264, subparts AA, BB, or would be served by a single control detected using Method 21, various other CC. The EPA considers the existing device. Therefore, the EPA included the regulations do have similar regulatory text to accurately convey this control device maintenance allowance requirements (see § 63.181(d)(4) of 40 intent, and is providing this preamble in the subpart CC standards for CFR part 63, subpart H, National discussion in response to commenters’ containers and surface impoundments, Emission Standards for Organic requests. as well as for tanks. As in the case of Hazardous Air Pollutants for Equipment B. Standards: Closed-Vent Systems and the HON, the EPA does not consider it Leaks). The EPA continues to believe Control Devices appropriate to extend the control device that this information is useful in the allowance for maintenance time to implementation and enforcement of the The final subpart BB air emission control devices serving process vents. air emission regulations. Instrument standards for equipment leaks Therefore, the EPA is not extending the monitoring after a repair is an indication referenced the subpart AA closed-vent control device maintenance allowance of the success of the repair, information system and control device requirements to subpart AA process vents. which EPA considers commensurate to provide up to an 18-month It also has come to the attention of the with the initial leak monitoring implementation schedule after the EPA that some commenters have requirements at § 265.1033(k)(1)(i). effective date that a facility becomes misinterpreted the language relating to Instrument monitoring upon subject to the provisions of subpart BB, the accuracy of the temperature determination that a leak is not for installation and operation of closed- monitoring devices that the EPA repairable is an indication of the vent systems and control devices. The specified in the subpart AA standards severity of the organic emissions that February 9, 1996 (61 FR 4911) revisions for closed-vent systems and control will continue to be emitted from the to §§ 264.1060 and 265.1060 added a devices, found at §§ 264.1033(f) and non-repairable equipment, which EPA paragraph to extend the implementation schedule to as much as 30 months, 265.1033(f). As these commenters considers valuable information for the consistent with the requirements of interpret the rule language, the EPA has implementation and future review of its subpart CC. Today’s amendments clarify specified a degree of accuracy that organic air emissions standards. that units that begin operation after the precludes monitoring devices with Therefore, EPA will maintain this subpart BB effective date of December greater accuracy than is specified in the recordkeeping requirement. regulations. This is not the EPA’s intent, 21, 1990, and that become subject to the and the Agency does not consider this IV. Subpart BB—Air Emission requirements of subpart BB because of to be a reasonable interpretation of the Standards for Equipment Leaks an EPA regulatory change or a statutory change after December 21, 1990, are also rule. At numerous places in this rule A. Applicability and other rules, the EPA has specified provided a 30-month implementation the accuracy of temperature monitoring Today’s action adds appropriate schedule. The provision is also devices by requiring ‘‘an accuracy of ±1 language to the subpart BB applicability amended to clarify that units which percent of the temperature being provisions to cross reference and clarify become newly subject to subpart BB monitored in degrees Celsius (°C) or that the EPA has modified the ‘‘permit- after that effective date due to any ±0.5°C, whichever is greater.’’ It is as-a-shield’’ practice for implementation reason other than an EPA regulatory implicit in the use of this language that of the subpart BB (as well as the subpart change or a statutory amendment are the EPA is providing a range of accuracy AA and CC) RCRA air rules. The not allowed to comply using an with which the monitoring device must modification of this practice affects implementation schedule; they must be comply or conform. For example, the owners and operators of existing TSDF in compliance on the date that the unit term ‘‘±1 percent’’ indicates that the for which final RCRA permits have been first becomes subject to subpart BB. In accuracy of the device must fall within issued by the EPA. Paragraph (c) in recognition that facilities have been on the range from plus 1 percent to minus § 264.1050 and § 265.1050 is being notice since 1990 of the applicability of 1 percent. Any device that has an revised to clarify that the owner or subparts AA and BB, and since 1991 of accuracy within this range complies operator is subject to the requirements the applicability of subpart CC, the EPA with the rule requirement. It was not the of 40 CFR part 265, subpart BB until considers it reasonable to expect intent of the EPA to preclude the use of such date that the owner or operator facilities that become newly-subject to devices with greater (i.e., better) receives a final RCRA permit these subparts, through other than a accuracy than the absolute value incorporating the requirements of 40 statutory or EPA regulatory change, to specified. CFR part 264, subpart BB. be in compliance with the provisions on The EPA has previously amended 40 the date that they become newly subject. D. Recordkeeping Requirements CFR 270.4 (see 59 FR 62952, December Commenters have stated that the 6, 1994) to require that owners and C. Alternative Standards for Valves requirement at § 265.1035(c)(10)(iv) to operators of TSDF that have been issued Clarifying language is being added to record the maximum instrument reading final permits prior to December 6, 1996, the alternative standards for valves in measured by Method 21 after a leak has comply with the air standards under 40 gas/vapor service or in light liquid been successfully repaired or CFR part 265, subparts AA, BB, and CC service: skip period leak detection and determined to be not repairable is until the facility’s permit is reviewed or repair. The EPA has received comments unnecessary. They contend that because reissued by the EPA to include the part on the ambiguity of the skip period leak other rules which require use of EPA 264 standards. As is explained in detection and repair provisions as Method 21, such as the Off-Site Waste Section VIII.A of the preamble to the codified. The codified language is and Recovery Operations NESHAP (40 final rule (59 FR 62920, December 6, ambiguous because it gives no

VerDate 02-DEC-97 19:12 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\P08DE0.PT2 08der2 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64641 indication of how the alternative work being amended to allow any equipment time that the equipment ‘‘contains or practice that involves two consecutive that contains or contacts hazardous contacts’’ hazardous waste. Thus, if quarterly leak detection periods with waste that is subject to subpart BB and subpart BB equipment contains subpart the percentage of valves leaking equal to also subject to regulations in 40 CFR BB-regulated hazardous waste residues or less than 2 percent which allows the part 60, 61, or 63 to determine for more than 300 hours during a owner or operator to skip one of the compliance with subpart BB by calendar year, that equipment would quarterly leak detection periods documentation of compliance with the not be exempt from subpart BB under [§ 264.1062(b)(2) or § 265.1062(b)(2)] relevant provisions of the Clean Air Act the provisions at § 264.1050(f) or interacts with the alternative work rules codified under 40 CFR part 60, § 265.1050(f). The EPA purposefully practice that involves five consecutive part 61, or part 63. Because compliance worded the provision to say, ‘‘contains quarterly leak detection periods with with subpart BB is demonstrated or contacts’’ because the emissions from the percentage of valves leaking equal to through recordkeeping, this the equipment are related to the organic or less than 2 percent which allows the recordkeeping revision has the effect of hazardous waste that is in the owner or operator to skip three of the exempting equipment that would equipment; even if the process or quarterly leak detection periods otherwise be subject to subpart BB from equipment is not in service, the organic [§ 264.1062(b)(3) or § 265.1062(b)(3)]. subpart BB requirements, provided the hazardous waste in contact with the Nor is the codified language clear on equipment is operated, monitored and equipment has the potential to whether the periods with the percentage repaired in accordance with an volatilize, and EPA considers it of valves leaking equal to or less than applicable CAA standard, and necessary to subject the equipment to 2 percent need to be repeated after the appropriate records are kept to that the requirements of subpart BB. Thus, initial skipped periods, or if the owner effect. EPA is today reiterating that the or operator is allowed to continue on As is described in Section III.A of this regulation at § 264.1050(f) and the skip period schedule once the preamble regarding the potential § 265.1050(f) requires the equipment to criteria have been met for one period. regulatory overlap of the RCRA air rules be void of subpart BB-regulated waste In order to clarify the EPA’s intent and Clean Air Act regulations, the EPA for a minimum of 300 hours per regarding the skip monitoring is providing this exemption to reduce calendar year. alternatives, paragraphs in § 264.1062(b) the possibility of duplicative or The same commenter inquired and § 265.1062(b) are being amended to conflicting requirements for those TSDF whether, for the purposes of this same more fully explain that, if the specified units using organic emission controls in provision, the period of time which the criteria are met under the alternatives, compliance with a NESHAP but which equipment contains or contacts subpart the owner or operator can monitor for are also subject to requirements under BB-regulated waste must be consecutive leaks once every six months (i.e., under the RCRA standards. The EPA considers (e.g. 290 consecutive hours), or if it § 264.1062(b)(2)) or once every year (i.e., this to be the most appropriate approach could be the sum of shorter periods under § 264.1062(b)(3)). If an owner or to ensure that air emissions from (e.g., ten periods of 29 hours each). The operator is monitoring equipment every equipment managing hazardous waste provision was intended to exempt six months, under § 264.1062(b)(2), he is are controlled to the extent necessary to equipment that does not contain or not complying with the five consecutive protect human health and the contact subpart BB-regulated waste a quarterly leak detection requirements of environment. This exemption was total of 300 hours of more during a § 264.1062(b)(3), and thus does not originally included with the calendar year. This provision was qualify to begin monitoring once every promulgation of subpart BB on June 21, adopted from similar provisions of the year. Essentially, if an owner or operator 1990 (55 FR 25454), in the same format, Hazardous Organic NESHAP meets the requirements of subsection but with more specificity as to the CAA promulgated under 40 CFR 63.160. See (b)(2), he may choose to either begin regulations. As discussed in Section preamble discussion at 61 FR 59937, monitoring every six months, or he may III.A. of this preamble, it was clearly the November 25, 1996. It is implicit in choose to continue quarterly monitoring Agency’s intent to apply the same reading the language at 40 CFR in an attempt to meet the requirements rationale explained in the November 25, 63.160(a) that the EPA intended the of subsection (b)(3); complying with the 1996 preamble at 61 FR 59938, to requirement to refer to a sum, or total, provision of subsection (b)(2) excludes extend the applicability exemption to of 300 hours per calendar year, as the opportunity to comply with the subpart BB equipment operated, opposed to a single period of 300 hours. requirements of subsection (b)(3). monitored and repaired in accordance The EPA is today amending regulatory Once an owner or operator meets the with an applicable CAA standard under text at 264.1050(f) and 265.1050(e) and qualifications of either subsection (b)(2) 40 CFR part 60, 61, or 63. the associated recordkeeping or subsection (b)(3), he is then allowed The November 25, 1996 final rule requirements at 264.1064(g)(6) and to continue the skip monitoring of that amendments added a provision to the 265.1064(g)(6) to remove the phrase, ‘‘a provision as long as the percentage of applicability of subpart BB that period of’’ and thus, remove any valves found leaking by the semiannual excludes equipment that contains or ambiguity as to the Agency’s intent that or annual monitoring is equal to or less contacts affected hazardous waste for a for this regulatory requirement, than 2 percent. These clarifying period of less than 300 hours per instances during which equipment amendments reflect the Agency’s prior calendar year. See 61 FR at 59937. One contains or contacts subpart BB- intent regarding the implementation of commenter has requested that the regulated waste need not be the alternative standards for valves. Agency clarify whether equipment consecutive; it is only required that the which is not in service, but contains sum of all time that the equipment D. Recordkeeping Requirements hazardous waste residue, is considered contains or contacts subpart BB- The recordkeeping provisions of to be in contact with hazardous waste. regulated waste is less than 300 hours subpart BB are being amended to The EPA considers the language of the per calendar year. eliminate any owner or operator burden provision explicit on this point; the caused by regulatory overlap. The amount of time that equipment contains E. Open-Ended Valves and Lines subpart BB recordkeeping provisions in hazardous waste, whether at operating Several comments have been received § 264.1064(m) and § 265.1064(m) are capacity or as a residue, is considered regarding the requirements for open-

VerDate 02-DEC-97 19:12 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\P08DE0.PT2 08der2 64642 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations ended lines or valves as they relate to In § 265.1081, the definition of ‘‘in expects such instances to be rare, but in gravity piping. Commenters expressed light material service’’ is revised to the event a facility cannot implement concern that gravity feed piping that is correct a typographical error to any technical requirement of subparts equipped with an open valve or line capitalize the T in ‘‘the’’ as follows, AA, BB, or CC, it is the EPA’s intent that does not meet the requirements of the ‘‘* * * The vapor pressure of one or the owner or operator document the subpart BB standards. Subpart BB more of the organic constituents * * *’’ necessity for a delay in the facility operating record. To be in compliance requires that each open-ended valve or B. Schedule for Implementation of Air with the rule, the necessary line be equipped with a cap, blind Emission Standards flange, plug, or a second valve when documentation must be in place by [the managing hazardous wastes with an The final subpart CC standards allow rule effective date].’’ See 61 FR at 4905, organic content equal to or greater than the owner or operator to prepare an February 9, 1996. The EPA maintains 10 percent by weight. The commenters implementation schedule for that there may be circumstances in have suggested that the EPA amend the installation of control equipment that which a facility owner or operator can subpart BB requirements to state that cannot be installed and in operation by not be in compliance with certain the effective date of the rule (See the EPA considers a drain system that monitoring or testing requirements by § 265.1082(a)(2)). The EPA intended that meets the requirements of 40 CFR part the effective date of the standards. For the implementation schedule apply to 63, subpart RR, National Emission example, if a facility owner or operator any capital projects implemented by the Standards for Individual Drain Systems is unable to begin operation of a control owner or operator to comply with the to be a closed system. The EPA has device prior to the rule effective date, he subpart CC requirements. (See 61 FR at would not be able to perform the examined this issue and has found no 4905, February 9, 1996.) This intent was technical basis for making a change to required monitoring of that device by expressed in the 1994 final rule; see that date either. However, to be in the existing rule. Moreover, the Part 63 Hazardous Waste TSDF Background subpart RR requirements are intended compliance with the subpart CC rules, Information for Promulgated Organic the owner or operator must be in for control of waste in organic Air Emission Standards for Tanks, compliance with all the rule concentrations on the order of Surface Impoundments, and Containers, requirements as soon as is practicable, magnitude with the 500 ppmw action EPA–453/R–94–076b (‘‘BID’’) page 9–7, but no later than December 8, 1997. level of the subpart CC standards, which states that the owner’s or (Note: The only exceptions to this final whereas the subpart BB standards in operator’s approach to complying with parts 264 and 265 are applicable to compliance date are those requirements the air emission control requirements applicable to certain tanks in which equipment that contacts waste with an under the subpart CC standards may stabilization operations are performed, which organic concentration of 10 percent by involve a major design and construction must be in compliance no later than June 8, weight. There is a significant difference project which requires longer than 18 1998 (see 59 FR at 62912, December 6, in the level of required control between months to complete (e.g., replacing a 1994)), and requirements delayed by the the two standards. The EPA does not large open surface impoundment with a Regional Administrator, as discussed below consider it appropriate to allow the series of covered tanks). To further in this section of today’s preamble. subpart RR drain system requirements clarify this intent, § 265.1082 is revised Today’s action is also amending to substitute for the more extensive by today’s action to specify that regulatory language to clarify that open-ended valve and line requirements compliance can be demonstrated owners or operators of facilities and of subpart BB, because application of through an implementation schedule units that become newly subject to the the subpart RR standards to subpart BB when either: (1) control equipment or requirements of subpart CC after equipment would not provide an waste management units can not be December 8, 1997, because of an action equivalent level of organic emission installed and in operation by the rule other than an EPA regulatory change or control as would be achieved by effective date; or (2) modifications of a statutory change under RCRA, must compliance with the applicable subpart production or treatment processes to comply with all applicable rule BB requirements. Facility owners or satisfy subpart CC exemption criteria in requirements immediately (i.e., must operators with gravity feed piping that accordance with § 265.1083(c) can not have control devices installed and requires a vent to facilitate draining can be completed by the rule effective date. operating on the date the facility or unit comply with the subpart BB and CC In either case, the implementation becomes subject to subpart CC); the 30- standards by installing organic emission schedule must be entered into the month implementation schedule does control equipment on the pipe vent. The facility record, and must contain not apply in this case. The EPA control requirements in subpart BB are information demonstrating that the considered this to be implicit in the appropriate and adequate for control of facility will be in compliance with all of existing language of paragraph (b) of open-ended lines and valves. the requirements of subpart CC, no later § 265.1082. The Agency is adding new than December 8, 1997. The revisions to language in response to questions and V. Subpart CC—Air Emission the schedule for implementation also comments from affected facilities Standards for Tanks, Surface incorporate the revised effective date of regarding interpretation of the rule Impoundments, and Containers December 6, 1996. requirements regarding implementation A. Applicability and Definitions Commenters have questioned whether schedules. The new provision will be compliance activities other than those codified as paragraph 265.1082(c). In §§ 264.1080 and 265.1080, the EPA involving the installation of equipment One commenter expressed concern is revising the effective date of the or the modification of processes may be regarding the initial monitoring of subpart CC rules to be December 6, accomplished under an implementation closed-vent systems. They noted that 1996. This revised effective date was schedule. For example, whether a delayed compliance is allowed under established in the November 25, 1996 facility can delay compliance past the the rules for routine monitoring of those amendments, but this regulatory change rule effective date for monitoring or systems that are either inaccessible or was inadvertently omitted from that testing requirements. The preamble to unsafe to monitor, and requested that action. Today’s revision corrects this the February 9, 1996 Federal Register similar provision be allowed for initial oversight. document clarified that ‘‘The EPA monitoring that may be delayed due to

VerDate 02-DEC-97 19:12 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\P08DE0.PT2 08der2 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64643 weather or process conditions. The EPA and 265.1083(b). This point has been the concentration limits for organics has examined this issue and has made by the EPA throughout the applicable to the waste under the concluded that a change in the rule is proposal and promulgation of the generally-applicable treatment not appropriate. The industry has been subpart CC rules (see 59 FR 62896, standards of the LDR program are not on notice for several years that the December 6, 1994, and 61 FR 4906, subject to the subpart CC air emission subpart CC rules would require these February 9, 1996); however, there have control regulations. See 61 FR 59941 in monitoring inspections. Any facilities remained some questions and the preamble and 59954 in the rule that become newly subject to the uncertainties regarding applicability of (Nov. 25, 1996). subpart through an EPA regulatory the rules to non-hazardous wastes. The A number of members of the regulated amendment or statutory amendment are changes being made today are intended industry (including the Environmental typically allowed at least 6 months from to provide additional emphasis that Technology Council, Chemical Waste the date of publication of the action; the only hazardous wastes are subject to the Management, and the Chemical EPA considers this to have been subpart CC controls. Manufacturers Association) have sufficient notice to adequately prepare Paragraph 265.1083(c)(2)(i) is revised inquired as to how this provision for, and perform, the necessary to correct a typographical error in the applies to situations where the wastes in monitoring. symbol for the exit concentration limit; question are not yet prohibited from As published in the December 6, the symbol should be C subscript t land disposal or consist of mixtures of 1994, final rule, paragraph (c) of ‘‘(Ct).’’ different hazardous wastes. This § 265.1082 allowed the EPA Regional In addition, §§ 264.1082(c)(3) and preamble answers those questions. Administrator to ‘‘extend the 265.1083(c)(3) have been revised to add Copies of correspondence between EPA implementation date for control as an exempt unit a surface and these entities have been placed in equipment at a facility, on a case by case impoundment used for biological the public docket for the rule. basis * * *,’’ In the preamble to the treatment of hazardous waste in The key phrase in the above final rule (see 59 FR 62919, December accordance with subpart CC exemption is what treatment standards 6, 1994, and the amendments to the rule requirements. The EPA intended to are ‘‘applicable to the waste.’’ EPA published November 25, 1996, (see 61 exempt surface impoundments used for interprets this phrase expansively to FR 59938), the EPA stated its intent to biological treatment from the subpart CC include the treatment standard for include the provision to allow the control requirements. The preamble to organics that would apply to the waste Regional Administrator to extend the the final rule in Section VII(A)(5) (59 FR whether or not the waste is currently implementation date in situations 62917, December 6, 1994) clearly states prohibited, so that the exemption may beyond the owner or operators’s control, ‘‘* * * air emission controls are not apply to wastes not yet required to be and that this extension would be required for a surface impoundment in treated for organics as a precondition to available only in ‘‘situations such as which biological treatment of a land disposal. Under this interpretation, delays in State permit processing.’’ The hazardous waste is performed under the hazardous wastes could be exempt from Agency went even further in placing same conditions specified in the rule for subpart CC regulation if they meet the constraints on these limited conditions tanks.’’ However, surface treatment standards for organics that by identifying situations associated with impoundments performing biological would ultimately be required as a permit processing where the allowance treatment were inadvertently left out of precondition to land disposal. This is a would not apply (see 59 FR 62919). It the biological treatment unit exemption reasonable construction of the rule’s is clear from the literal reading of the in the November 25, 1996, final rule language (the phrase ‘‘applicable to the provision that the EPA fully intends that amendments (61 FR 59954). waste’’ is ambiguous as to its precise the Regional Administrator’s extension The EPA has received a number of scope), and is supported by the of an implementation schedule is only inquiries asking for interpretations of preamble to the rule (which says that allowable for a capital project the provision of the subpart CC rules the exemption can apply to wastes that implemented by a facility owner or which states that wastes that meet are not prohibited, see 61 FR 59941). In operator to comply with the subpart CC applicable Land Disposal Restriction addition, this reading is consistent with air emission control requirements. It is (LDR) treatment standards for organic the exemption’s underlying principle: if also clear that the Agency does not hazardous constituents are exempt from hazardous wastes meet generally- intend that this Regional Administrator the subpart CC air emission standards. applicable LDR treatment standards for allowance for implementation schedule Section 264.1082(c)(4) exempts from the organics, their concentrations of extensions apply to anything other than RCRA subpart CC air emission organics are in virtually every case the installation of air emission control standards: going to be less than warrants control equipment. Today’s action re-designates ‘‘A tank, surface impoundment, or under the subpart CC rules (i.e., volatile this provision as paragraph 265.1082(d) container for which all hazardous organic concentrations will be less than to allow the regulatory amendment wastes placed in the unit * ** 500 ppmw). described above in this section of ‘‘(i) Meets the numerical The EPA recognizes that it could today’s preamble to be codified as concentration limits for organic interpret the language to apply only to subsection (c); however, the provision hazardous constituents, applicable to hazardous wastes that are prohibited for Regional Administrator extensions of the hazardous waste, as specified in 40 and actually subject to a treatment the final rule compliance date is not CFR part 268—Land Disposal standard for organics. This more changed. Restrictions under Table ‘‘Treatment restrictive interpretation does not seem Standards for Hazardous Waste’’ in 40 desirable because hazardous wastes C. Standards: General CFR 268. 40 * * *’’ which actually meet treatment Today’s amendments are further A parallel exemption for interim standards for organics are likely to have clarifying that the subpart CC RCRA air status facilities is found at been treated to remove or destroy the rules apply only to units managing a § 265.1083(c)(4). Under these organics and thus not warrant regulation hazardous waste; to this effect, the EPA provisions, tanks, surface under subpart CC. On the other hand, it is adding the word ‘‘hazardous’’ in front impoundments, and containers is EPA’s further interpretation that this of the word ‘‘waste’’ in §§ 264.1082(b) receiving hazardous wastes that meet exemption does not apply to hazardous

VerDate 02-DEC-97 19:12 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\P08DE0.PT2 08der2 64644 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations wastes for which there would be no treatment standards in § 268.40 and the longer applies once these wastes are treatment standards for organics, treatment standards to which the newly decharacterized, i.e., no longer exhibit a namely wastes that are listed solely listed waste will be subject. Thus, to be characteristic of hazardous waste. This because of inorganic content. There is exempt under § 264.1082(c)(4), a is because the subpart CC rules only no potentially ‘‘applicable’’ organic mixture of F001 wastes and FXXX (a apply to wastes that are identified or treatment standard for such wastes, and hypothetical newly listed waste listed listed as hazardous. See, e.g., the exemption thus does not apply. In for presence of benzene) would have to § 265.1080(a). Also, since the rules do addition, such wastes would not likely meet the treatment standards for the not prohibit any method which removes be treated for organic constituents; so in organic hazardous constituents set out a hazardous characteristic, dilution can the event they contain higher in § 268.40 for F001 plus UTS for be used for this purpose; see concentrations of organics, this benzene; § 261.3(d)(1). Thus, in the discussion particular LDR exemption should not (B) If the mixture contains listed that follows, it must be understood that apply. Such wastes may, however, be wastes for which there are organic all references to characteristic exempt from the subpart CC rules concentration limits in § 268.40 and hazardous wastes are to wastes which because they contain less than 500 listed wastes with treatment standards continue to exhibit a characteristic. ppmw volatile organics at the point of only for inorganic constituents (or Characteristic wastes can be identified waste origination (40 CFR which is newly listed, and is listed only because of the presence of organic 264.1082(c)(1)). due to presence of inorganic hazardous hazardous constituents, but also can The following principles set out how constituents), the waste mixture would contain organic ‘‘underlying hazardous the EPA interprets the rule for this be eligible for the § 264.1082(c)(4) constituents’’—hazardous constituents subpart CC exemption in specific variance if it meets the organic present at levels exceeding the situations: concentration limits in § 268.40. Thus, a Universal Treatment Standards but mixture of F001 and F006 wastes would which do not cause the waste to exhibit 1. Listed Waste be exempt from subpart CC if it meets a characteristic; see § 268.2(i). Such (A) If the waste is already subject to the treatment standard for F001 organic hazardous constituents typically must an LDR treatment standard for organics hazardous constituents; be treated to meet UTS before a (for example, the organic spent solvent (C) If the mixture consists of listed characteristic waste is land disposed listed as F001), the waste is not subject wastes which are exclusively subject to, (see Chemical Waste Management v. to subpart CC if it meets the treatment or are listed for, inorganic hazardous EPA, 976 F. 2d 2, 16–18), and so UTS standards for organic hazardous constituents, the mixture is not eligible can be considered to be an applicable constituents in that waste (e.g. the for the § 264.1082(c)(4) exemption. standard for purposes of the subpart CC treatment standards for organics in F001 Finally, part of the ‘‘applicable’’ LDR exemption under discussion in this set out in § 268.40); standard for listed wastes is that the preamble. (B) If the waste is newly listed so that standard not be achieved by Principles applicable to specific no treatment standard under § 268.40 impermissible dilution (as set out in situations involving characteristic has yet been established, determine if § 268.3 and several EPA interpretations, hazardous wastes are therefore: the waste was listed for organic such as in 60 FR 11706–11708 (March (A) Since subpart CC controls do not constituents in Part 261 Appendix VII 2, 1995)). Impermissible dilution could apply to nonhazardous wastes, these and if so, if the waste meets the involve not only mixing an agent to the standards do not apply as the result of Universal Treatment Standards (UTS) waste to increase volume without managing decharacterized wastes. for those constituents (set out in contributing to the treatment process, (B) If the waste exhibits ignitability, § 268.40) then the waste is exempt from but also allowing volatilization from the corrosivity, or reactivity (or is a mixture subpart CC. The EPA considers the UTS waste without capture and destruction which exhibits one or more of these to be ‘‘applicable’’ because it is clear of the organic emissions. 52 FR at 25779 characteristics), then the waste is that this is the standard which will (July 8, 1987); Chemical Waste exempt from subpart CC if it meets apply when the waste is prohibited; Management v. EPA, 976 F. 2d 2, 17 treatment standards for any of the (C) If the waste is listed only because (D.C. Cir. 1992). In essence, this means organic underlying hazardous it contains inorganic constituents (e.g. that the LDR standards need to be constituents which are present (and the electroplating wastewater treatment achieved by treatment that destroys or waste is no longer subject to subpart CC sludge (F006)), then it is not eligible for removes the organic hazardous if it no longer exhibits a characteristic, the LDR exemption at § 264.1082(c)(4) constituent (or the wastes may meet the whether or not treatment standards for but could be exempt for other reasons, treatment standard as generated). See 60 underlying hazardous constituents are such as containing less than 500 ppmw FR 11708. The subpart CC rules likewise achieved). In this example, these volatile organics at the point of waste contain provisions prohibiting dilution characteristic wastes are prohibited and origination. This is true whether or not as a means of making a waste eligible for subject to the requirement to treat for the waste is already a prohibited an exemption from the rule (see, e.g., underlying hazardous constituents, so hazardous waste, or is newly listed. § 265.1083(c)(2)(vi)). Thus, to be eligible that these standards clearly are for this exemption from the subpart CC applicable; 2. Mixtures of Listed Wastes standards, listed wastes must either (C) If the waste or waste mixture The same principles as presented meet treatment standards for organics by exhibits a characteristic for an organic above apply when mixtures of listed treatment which destroys or removes hazardous constituent (so-called wastes are involved: hazardous organic constituents, or the Toxicity Characteristic (TC) organic (A) If the mixture contains listed wastes must meet those standards as wastes), then the waste must meet the wastes for which there are organic generated. treatment standard for that constituent concentration limits in § 268.40 and plus UTS for any organic underlying newly listed wastes listed (in Appendix 3. Characteristic Wastes hazardous constituent. These are the VII of Part 261) for organic hazardous The first principle to bear in mind current requirements set out in Part 268 constituents, the waste would be regarding characteristic hazardous for the waste and so are clearly exempt from subpart CC if it meets the wastes is that the subpart CC rule no applicable;

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(D) If the waste or waste mixture the point of mixing as a new point of rather, would be a numerical exhibits a characteristic for a metal, the waste origination in keeping with the concentration value. In circumstances waste would be exempt from subpart CC overall thrust of the provision to reserve that the instrument results are equal to if it meets UTS for any organic the exemption for wastes which actually the blank value, the reported result underlying hazardous constituent which are treated. See 54 FR at 26633 (June 23, would be non-detect. In the may be present. This result comes from 1989) where the EPA noted a similar circumstance resulting in a non-detect, the Chemical Waste Management view in the LDR context. The EPA also the Agency does not consider it opinion cited above (although the EPA notes that this interpretation is appropriate to require the facility owner has not yet amended the Part 268 rules consistent with other provisions of the or operator to compare the treatment to reflect the court’s holding with rule where the Agency has indicated results of paragraphs (c)(2)(i) through respect to these wastes), and so can be expressly that organic removal is to be (vi) in § 264.1082 and § 265.1083 to one- viewed as applicable standards for evaluated in the context of each half of the blank value, as was required purposes of the subpart CC exemption. individual waste stream entering a by the regulatory requirement being treatment process. See section revised today. Therefore, the Agency is 4. Examples § 265.1083(c)(2)(v)(C). adding a provision that allows the A number of examples that illustrate The last issue addressed on this topic facility owner or operator to substitute the EPA intent and interpretation of the in today’s preamble concerns the a value of 25 ppmw for a non-detect subpart CC LDR exemption are relationship of this exemption and Method 25D result, if one-half the summarized below. treatment variances under the LDR Method 25D blank value is more than 25 1. F001 + F006. Listed organic plus program. The EPA notes that the ppmw. The Agency has selected the listed inorganic. Meet treatment exemption from subpart CC standards value of 25 ppmw because it represents standards for organics in F001; applies only to hazardous wastes that 95 percent reduction of organics in a 2. F001 + D018. Listed organic plus have been treated to meet the treatment waste stream of 500 ppmw, the required organic TC. Meet treatment standards standards set out in 40 CFR 268.40. This percent reduction for a waste stream for F001, treatment standards for language excludes alternative standards with a VO concentration equal to the benzene, and treatment standards for which are established as part of the action level for the subpart CC any organic underlying hazardous treatment variance process, which standards. constituent in the D018 waste (or alternative standards are codified in 40 No default value similar to the 25 eliminate the D018 characteristic before CFR 268.44. This distinction is ppmw value described here is included the waste is managed in a tank, intentional. As the EPA recently noted in the provisions for non-detect results container or surface impoundment, in in the rulemaking amending the in waste determinations performed to which case only the treatment standards treatment variance standards, it is determine whether the hazardous waste for F001 waste would have to be possible that a treatment variance may is below 500 ppmw at its point of waste satisfied for the exemption to apply); result in a standard which does not fully origination. See 265.1084(a)(3). Such a 3. F001 + D008. Listed organic plus remove volatile organics to the extent provision is necessary in situations TC metal. Meet treatment standards for contemplated in creating the subpart CC where an owner or operator is F001 plus treatment standards for any exemption. For this reason, the EPA has attempting to demonstrate a process has organic underlying hazardous indicated explicitly that such wastes achieved 95 percent reduction of constituents which may be present in may remain subject to the subpart CC organics, because the concentration of the D008 waste (or eliminate the D008 rules. The EPA reiterates that approach the stream exiting the process unit may characteristic before the waste is here. need to be demonstrated to be as low as managed in a tank, container or surface The EPA is today amending the 25 ppmw. Such is not the case with impoundment, leaving the F001 treatment demonstration provision for waste determinations performed to standard as the applicable treatment valuing waste analysis results below the demonstrate that the hazardous waste standard); limit of detection for an analytical stream is below the subpart CC action 4. F006 + D018 + D008. Listed method. In response to comments, EPA level of 500 ppmw, where the waste inorganic, TC organic, TC inorganic. is today revising paragraphs (A) and (B) determination need only demonstrate Meet treatment standard for benzene of § 264.1082(c)(2)(ix) and that the waste is below 500 ppmw. The and for organic underlying hazardous § 265.1083(c)(2)(ix). The change to valuing of non-detects for waste constituents in D018 and D008 wastes; paragraph (A) is being made in determinations performed at the point 5. F006. Ineligible for § 264.1082(c)(4) recognition that a relatively high blank of waste origination is discussed further exemption. value for Method 25D does not in the following section of this There have also been questions necessarily indicate that a waste stream preamble. regarding whether this LDR exemption has failed to meet the treatment The EPA is revising paragraph (B) of applies to mixtures that would meet the demonstration requirements of § 264.1082(c)(2)(ix) and organic constituent concentration limits § 265.1083(c)(2)(i) through (vi). The § 265.1083(c)(2)(ix) to clarify the specified for the hazardous wastes in blank value required in paragraph 4.4 of Agency’s intent that the level of the mixture but for the contribution of EPA Reference Method 25D (codified in detection for an analytical method other organic constituents from the appendix A to 40 CFR part 60) is an than method 25D is the sum of the decharacterized wastes in the mixture. indication of the organics contained in limits of detection for each of the The EPA interprets the rule so that the the Polyethylene Glycol, not the regulated compounds in the waste LDR exemption does not apply in these organics in the waste. For a Method 25D sample. As previously written, the circumstances. First, the language of the analytical result, the method instructs provision did not clearly indicate that rule refers to ‘‘all hazardous waste the operator to report the value of the for purposes of this subpart, only the placed in the unit’’ having to meet the instrument results minus the blank detection limits for organic compounds treatment standard, which logically value. In a circumstance that the with Henry’s Law greater than or equal means meeting the standard at the point instrument results are higher than the to 0.1 Y/X are required to be summed, the hazardous waste is placed in the blank value, the reported Method 25D to establish the limit of detection for an unit. Second, it is reasonable to look at result would not be non-detect, but analytical method.

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The EPA is also adding a reference to period (due to normal variations in the appendix A) and Methods 8260(B) and organic hazardous constituents in operating conditions for the source or 8270(C) (both in ‘‘Test Methods for paragraph (c)(4)(ii) of § 264.1082 (which process generating the hazardous waste Evaluating Solid Waste, Physical/ applies when the LDR standard is a stream). Therefore, to determine the Chemical Methods’’ in EPA publication designated method of treatment), to average VO concentration of a waste SW–846) when these methods are used make clear that this provision requires stream generated by a process with large under certain specified conditions. It treatment of organics. With this seasonal variations in waste quantity, or was noted that for each of these revision, § 264.1082(c)(4)(ii) now fluctuations in ambient temperature, methods, there is a published list of conforms to § 264.1082(c)(4)(i). A several waste determinations (of four or chemical compounds which the EPA conforming change is being made to the more samples each) will be required. considers the method appropriate to requirement for interim status facilities, The affected public has been fully measure. The owner or operator may at § 265.1083(c)(4)(ii). informed of the EPA’s intent regarding only use these methods to measure the fact that four samples constitute a D. Waste Determination Procedures compounds that are contained on the waste determination, and that one or list associated with that method, unless Paragraphs in § 264.1083(a)(2) and more waste determinations may be specified validation procedures are also § 265.1084(a)(2) are revised by changing needed to characterize the waste performed. It was further noted that for ‘‘The average VO concentration of a stream’s VO concentration over the the purpose of a waste determination, hazardous waste at the point of waste averaging period. To inform the public the owner or operator must evaluate the origination may be determined * * *’’ of the technical requirements and mass of all VO compounds in a waste to read as follows: ‘‘For a waste compliance options in the amended that have Henry’s Law value above the determination that is required by subpart CC RCRA air rules, the EPA 0.1 Y/X value. Therefore, it is the EPA’s paragraph (a)(1) of this section, the conducted a series of six seminars position that the owner or operator is average VO concentration of a during August and September of 1995 responsible for determining that the hazardous waste at the point of waste and an additional six seminars during analytical method being used for a origination may be determined * * *’’ August through November of 1996. waste determination is sufficient to This waste determination requirement During these seminars, the EPA evaluate all of the applicable organic was explained in Section VII.A.3, Waste presented a thorough discussion of the compounds that are contained in the Determination Procedures, of the details associated with making a waste waste. preamble to the final rule (59 FR 62915, determination. (Refer to EPA RCRA December 6, 1994) as follows: ‘‘A Docket No. F–95–CE3A–FFFFF, Item (Note: Today’s action includes a revised determination of the volatile organic No. F–95–CE3A–S0017 and Docket No. list of known compounds with a Henry’s Law concentration of a hazardous waste is value less than or equal to 0.1 Y/X, contained F–96–CE3A–FFFFF.) in appendix VI of subpart 265; the revisions required by the subpart CC standards In another clarifying revision, in each correct typographical errors, and format the only when a hazardous waste is placed citation of Method 8260(B) and Method list to be alphabetical.) in a tank, surface impoundment, or 8270(C) in ‘‘Test Methods for Evaluating container subject to the rule that does Solid Waste, Physical/Chemical Also in today’s action, a printing error not use air emission controls in Methods,’’ EPA Publication SW–846, that placed § 265.1084(a)(3)(iii)(A) at the accordance with the requirements of the the reference to version (B) or (C) is end of § 265.1084(a)(3)(iii) has been rule. A TSDF owner or operator is not being deleted by today’s action. The corrected. In addition, in the November required to determine the volatile citations that are being revised were 25, 1996 final rule amendments, organic concentration of the waste if it added by the November 25, 1996, final because of a typographical error in is placed in a tank, surface rule amendments (61 FR 59932) to the § 265.1084(a)(3)(iii)(G), the words impoundment, or container using the following paragraphs of § 265.1084: ‘‘introduction and analysis’’ were required air emission controls.’’ (a)(3)(iii), (a)(3)(iii)(F), (a)(3)(iii)(G), omitted from the sample handling steps Consistent with this statement, the EPA (b)(3)(iii), (b)(3)(iii)(F), and (b)(3)(iii)(G). for which site-specific procedures must is slightly revising the current rule to It was the EPA’s intent that the be documented in the quality assurance make clear that the average VO current version of each of these program to minimize the loss of concentration determination is required methods, as applicable to the waste compounds due to volatilization, only for hazardous waste placed in a being measured, be used in making a biodegradation, reaction, or sorption. unit not using subpart CC air emission waste determination, not necessarily the Today’s amendments revise controls and not otherwise exempt from specific versions cited. At the time the § 265.1084(a)(3)(iii)(G) to read as using subpart CC air emission controls. November 25, 1996 amendments were follows: ‘‘Documentation of site specific Today’s action also revises published, the versions 8260(B) and procedures to minimize the loss of § 265.1084(a)(3)(ii)(B) to clarify the 8270(C) were only proposed methods; compounds due to volatilization, EPA’s intent regarding the number of the published versions were 8260(A) biodegradation, reaction, or sorption samples required for a waste and 8270(B). Specifying these particular during the sample collection, storage, determination. The amended paragraph versions was an inadvertent error, preparation, introduction, and analysis states (as did the published rule which is being corrected by today’s steps.’’ language at § 265.1084(a)(5)(iv)(A) (see action. As was stated in Section IV.F, Several commenters have stated that 59 FR 62939, December 6, 1994)), that Waste Determination Procedures, of the the subpart CC provisions for treatment the average of four or more sample preamble to the final rule amendments of non-detect values in the analysis of results constitutes a waste (61 FR 59942, November 25, 1996), after treated waste samples, contained in determination for the waste stream. This extensive review, the EPA decided that §§ 264.1082(c)(ix) and amended paragraph further clarifies that as alternatives to using Method 25D for 265.1083(c)(2)(ix), should also apply to one or more waste determinations may direct measurement of VO concentration waste determinations at the point of be needed to represent the average VO in a hazardous waste for the subpart CC waste origination, for purposes of concentration over the complete range RCRA air rules, it was appropriate to determining compliance with the 500 of waste compositions and quantities add Methods 624, 625, 1624, and 1625 ppmw VO concentration action level of that occur during the entire averaging (all contained in 40 CFR part 136, the standards. Commenters requested

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The commenters’ concern 1996 final rule amendments (61 FR O or 40 CFR part 265 subpart O; or (3) is the same rationale that led EPA to 59975), paragraph 265.1084(a)(4)(iv) a BIF that is subject to the requirements amend the provisions at sections provides that the results of a direct of 40 CFR part 266 subpart H. 264.1082 and 265.1083 in the November measurement of average VO Under today’s amendments to the 25, 1996 final rule amendments; concentration shall be used to resolve a rule, the EPA is clarifying its original without such a provision, the owner or disagreement between the Regional intent, that a waste determination is operator does not have a way to assign Administrator and the owner or required only for a treated hazardous a numeric value for a non-detect operator regarding a determination of waste placed in a waste management reading, when computing the average of the average VO concentration of a unit, if the unit is exempt from air four or more waste samples to calculate hazardous waste stream using emission control requirements under a waste determination. The same logic knowledge. To clarify that in such cases provisions contained in paragraphs applies to both circumstances, and it where there is disagreement regarding (c)(2)(i) through (c)(2)(vi) of §§ 264.1082 was obviously an oversight that EPA did use of knowledge, the owner or operator and 265.1083. The EPA requires waste has the discretion to choose an not include this provision in the demonstrations for those treatment appropriate test method or methods, the November 25, 1996 final rule demonstration options to ensure that the following sentence has been added to amendments. Thus, the EPA is today treatment conditions specified in § 265.1084(a)(4)(iv): ‘‘The owner or adding to the waste determination subpart CC have been met. As explained operator may choose one or more provisions at § 265.1084(a)(3)(iv), a in the December 1994 final rule appropriate methods to analyze each provision for valuing non-detect preamble (59 FR at 62914, December 6, collected sample in accordance with the analytical results. The new rule 1994), the waste demonstration results language provides the appropriate requirements of paragraph (a)(3)(iii) of are required to indicate that a sufficient guidance on the valuing of non-detects this section.’’ mass of organic constituents have been in the calculation of the average of four The EPA is also clarifying the waste removed or destroyed from a regulated or more samples for a waste determination requirements for treated waste stream, prior to it being placed in determination. wastes. Prior to today’s amendment, the subpart CC regulatory text required a hazardous waste management unit (Note: A corresponding amendment is not analysis of all treated waste. As that is not equipped with air emission required at § 265.1084(b)(3)(iv) for treated controls. The treatment demonstration hazardous waste because those rules, explained below, a waste determination specifically § 264.1082(c)(2)(ix) and is unnecessary for a waste treated by options listed in paragraphs (c)(2)(i) § 265.1083(c)(2)(ix), contain provisions for either a boiler or industrial furnace (BIF) through (viii) of §§ 264.1082 and valuing non-detects when determining operated in accordance with subpart H 265.1083 are based on the treatment performance of an organic destruction or to 40 CFR part 266, or a hazardous process achieving a 95% reduction by removal process.) waste incinerator operated in weight of organic constituents in the The EPA today is also amending accordance with subpart O to 40 CFR waste. For the provisions of (c)(2)(i) regulatory language to reflect a parts 264 or 265; the EPA is amending through (c)(2)(vi) of §§ 264.1082 and clarification that was addressed in the the rule to clarify this. Today’s action 265.1083, the treatment process is not November 25, 1996 rulemaking revises paragraph (b)(1) of §§ 264.1083 specified in the regulation; rather the preamble (61 FR at 59943), but was and 265.1084 to require that the owner requirement is based on the removal inadvertently omitted from the or operator perform the applicable waste efficiency of the treatment process. regulatory text. This amendment adds determination for each treated Thus, to demonstrate compliance, EPA two new paragraphs to the waste hazardous waste placed in a waste considers it necessary that the owner or determination provisions, § 265.1084 management unit exempted under the operator perform waste determinations (a)(3)(v) and (b)(3)(v), to state that EPA provisions of paragraphs (c)(2)(i) to demonstrate the appropriate removal would determine compliance with the through (c)(2)(vi) of §§ 264.1082 and efficiency has been achieved. However, subpart CC regulations based on the 265.1083, respectively. Those specific the treatment demonstration provisions same test method used by the facility paragraphs are cited in today’s amended of paragraph (c)(2)(vii) in §§ 264.1082 owner or operator, provided the owner rule language to clarify that a waste and 265.1083 require that the hazardous or operator had used a test method determination is only required for a waste be treated in an incinerator that appropriate for the waste. The hazardous waste placed in a waste is designed and operated in accordance appropriateness of an analytical method management unit exempted under one with the requirements of subpart O in is described in paragraphs § 265 of the treatment demonstration options 40 CFR part 264 or part 265; and the (a)(3)(iii) and (b)(3)(iii), respectively. that is a performance standard, as treatment demonstration provisions of The November 25, 1995 preamble to the opposed to an equipment specification paragraph (c)(2)(viii) in §§ 264.1082 and final rule amendments (61 FR 59943) standard. As was noted in Section 265.1083 require that the hazardous stated that, ‘‘* * * as long as one of the VII.A.2.b, Treated Hazardous Waste, of waste be treated in a BIF that is allowable test methods is being used for the final rule preamble (59 FR 62914, designed and operated in accordance direct measurement of the VO December 6, 1994), provisions for with the requirements of 40 CFR part concentration of a hazardous waste, the hazardous waste treatment are specified 266, subpart H. The EPA considers EPA would only enforce against the in the subpart CC standards for the compliance with those combustion facility on that basis (i.e., using the same following processes: (1) An organic standards to be sufficient demonstration test method), unless the method used is destruction, biological degradation, or that the organics in the waste will be not appropriate for the hazardous waste organic removal process that reduces destroyed by 95 percent or more, by managed in the unit.’’ Today’s the organic content of the hazardous weight, and does not consider a waste

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The EPA did not making an amendment to the regulatory with this rule clarification and the intend the regulatory requirement to text to make the regulatory requirements following rule clarification, because the disallow a closure device or pressure/ consistent with this guidance. subpart CC waste determination vacuum device from being installed on In a further clarification, the EPA protocols are contained in part 265, and a tank manifold system. The EPA is intended that the owner or operator use the part 264 standards cross-reference aware that such tank manifold or vent the same test method to determine the part 265.) header systems provide a degree of average VO concentration at the point of Because of a printing error, the emissions reduction which is derived waste treatment as is used at the point equations for calculating the actual from vapor balancing between tanks of waste origination, if these values are organic mass removal rate in during unloading and inter-tank to be used to determine the effectiveness § 265.1084(b)(8)(iii) and for calculating transfers; the EPA clearly did not intend of a treatment system. As was stated in the actual organic mass biodegradation to discourage their use. The EPA is Section IV.F, Waste Determination rate in § 265.1084(b)(9)(iv) were out of therefore amending the subpart CC tank Procedures, of the preamble to the final place in the November 25, 1996 standards to provide that a closure rule amendments (61 FR 59942, amendments (61 FR 59978). This device can be installed on a manifold November 25, 1996), ‘‘The main point document corrects the placement of vent header for Level 1 tanks, by that must be reemphasized regarding these equations. revising paragraph (c)(2)(iii) in direct measurement of VO concentration In a further clarification to the waste § 264.1084 and § 265.1085. is that, although the EPA is amending determination procedures of subpart CC, In the November 25, 1996 final rule the rule to allow various test methods paragraph 265.1084(d)(5)(ii) required amendments, the EPA promulgated a other than Method 25D to be used in a that a mixture of methane in air at a provision that allowed a facility to waste determination, the owner or concentration of approximately, but less install and operate air emission control operator must use a test method(s) that than, 10,000 ppmw be used to calibrate devices on Level 1 tanks. As published, is appropriate for the compounds the detection instrument used to the regulatory language for that contained in the waste. The method(s) determine no detectable organic provision inadvertently made it used for the waste determination must emissions. It was the EPA’s intent that mandatory that these control devices be be suitable for and must reflect or the calibration procedure be consistent operating at all times when hazardous account for all compounds in the waste with the procedure specified in the waste is managed in the tank, even at with a Henry’s Law constant equal to or subpart BB equipment leak test methods times of routine maintenance. The EPA greater than 0.1 Y/X at 25 degrees and procedures at §§ 264.1063 and is amending the rules today to clarify Celsius.’’ 265.1063, as they reference the same that the control device is not required to Since the effectiveness of a waste monitoring procedure. Paragraph be operating during specified periods, treatment process must be judged on the (b)(4)(ii) of §§ 264.1063 and 265.1063 including those instances it is necessary basis of the process’s capacity to reduce specifies that calibration gases for the to provide access to the tank for the organics in waste relative to their detection instrument shall be, ‘‘A performing routine inspections, concentration at the point of waste mixture of methane or n-hexane and air maintenance, or other activities needed origination or at the point of entry to the at a concentration of approximately, but for normal operations. Examples of such treatment system, the method(s) used less than 10,000 ppm methane or n- activities include those times when a for the waste determination at the point hexane. Consistent with this worker needs to open a port or hatch to of waste treatment must be appropriate requirement, today’s action revises the maintain or repair equipment. to detect and measure the compounds in requirement for calibration gases in Paragraph (B) is being revised in the waste at the point of waste parts 264 and 265 to provide the owner § 264.1084(c)(2)(iii) and origination; to put the measurements on or operator the choice of using a mixture § 265.1085(c)(2)(iii) to better convey this a common basis and provide an accurate of methane or n-hexane and air. intent. comparison, the EPA considers it In the amendments to the final rule E. Standards: Tanks necessary that the method(s) used at the published on November 25, 1996 (61 FR point of waste origination must be the Commenters have questioned whether 59944), the preamble at Section G. same as the method(s) used at the point a facility owner or operator is permitted Standards: Tanks that discussed the of waste treatment. To clarify this to install a closure device on a tank revisions to the subpart CC tank requirement, which the EPA has manifold system or header vent when a standards, stated ‘‘* * * an option is heretofore considered implicit, the series of tanks have their vents (i.e., tank being provided allowing the use of an following sentence is being added to openings) connected to a common enclosure vented through a closed-vent § 265.1084(b)(3)(iii): ‘‘When the owner header. In many tanks systems, tank system to an enclosed combustion or operator is making a waste vents are connected to a manifold or device or a control device designed and determination for a treated hazardous central header, and a closure device (or operated to reduce the total organic waste that is to be compared to an pressure/vacuum device such as a content of the inlet vapor stream by at average VO concentration at the point of conservation vent) is installed on the least 95 percent by weight,’’ in order to waste origination or the point of waste header rather than on the individual comply with the tank level 2 air entry to the treatment system, to tanks. Prior to today’s amendment, the emission control requirements. determine if the conditions of subpart CC level 1 tank requirements at However, the latter portion of this § 264.1082(c)(2)(i) through (c)(2)(vi) or paragraph (2)(2)(iii) in § 264.1084 and statement was incorrect and the EPA is § 265.1083(c)(2)(i) through (c)(2)(vi) are § 265.1085 could have been interpreted clarifying that it was the EPA’s intent met, then the waste samples shall be to require that each opening on a Level that only enclosed combustion devices prepared and analyzed using the same 1 tank fixed roof must be either can be used as control devices under method(s) as were used in making the equipped with a closure device or this alternative to comply with the Tank

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Level 2 air emission control CC standards. The EPA has agreed to doors. The EPA considers it appropriate requirements. It should also be noted investigate the possibility whereby a to allow enclosure doors to be open for that the regulation as amended by the facility could make a case-by-case the same circumstances that tank covers November 25,1996 Federal Register demonstration of a non-combustion can be open under paragraph document (at §§ 264.1084(d)(5) and control device efficiency; the EPA 265.1085(g)(2)(i)(A) and similar 265.1085(d)(5)) was correct and did not would require the demonstration to paragraphs for tanks equipped with contain the statement regarding the use show that a mass of organics would be fixed roofs—when necessary to provide of a (non-combustion) ‘‘control device removed from a given waste, using a access to the tank for performing routine designed and operated to reduce the particular enclosure and control device, inspection, maintenance, or other total organic content of the inlet vapor equivalent to 95 percent reduction of activities needed for normal operations. stream by at least 95 percent by weight.’’ organics in the tank headspace, if the Also commensurate with paragraph Since publication of the November 25, tank were to be equipped with a discreet 265.1085(g)(2)(i)(A), following 1996 preamble, the EPA has cover. Though such a demonstration completion of the activity, the owner or consistently and repeatedly provided would likely be fairly detailed and operator should promptly secure the verbal clarification in all forums where costly, commenters have indicated that door in the position it was in during the the subject of level 2 tank enclosures they would be interested in pursuing evaluation of the NDO. has been raised, that the noted preamble such an option if it were included in the It also warrants clarification that the text is incorrect, and that level 2 tanks subpart CC tank enclosure requirements. enclosure door (and other openings not operated inside an enclosure must be The EPA considers that such an accounted for as Criteria T NDO) must vented to an enclosed combustion equivalency would be consistent with be closed at all times that hazardous device. The EPA provided this the existing tank standards; if a waste is managed in the enclosed tank information publicly at each of the six technically feasible and verifiable (unless the tank is exempt from subpart seminars EPA conducted in September equivalency demonstration technique CC air emission control requirements), through December of 1996; additionally, can be developed, this could be a not just when waste is being treated in an industry trade association provided reasonable alternative to the the tank. The EPA considers it requirement for enclosed combustion this same clarification at the two inherently obvious within the tank devices under the Level 2 tank seminars the industry trade group standards that the enclosure around a enclosure control option. The EPA will conducted in March and April of 1997 tank must be operated in the same continue to investigate this option, and (these seminars are discussed in the manner in which it was evaluated for if a viable approach can be developed, Background section of today’s the Criteria T requirements. will publish a future amendment to preamble). Additionally, the Specifically, paragraphs § 264.1084(i)(1) incorporate it into the subpart CC Level requirement for enclosed combustion and § 265.1085(i)(1) require that the 2 tank standards. enclosure be designed and operated in devices on level 2 tank enclosures was The EPA has received inquiries as to accordance with the Criteria T. strongly affirmed in the accompanying whether doors are allowed to be open printed materials for each of these EPA on level 2 tank enclosures, and how The EPA recognizes that it is not and industry trade group seminars; doors are regarded under the provisions feasible to require all waste transfer to those printed materials were distributed for natural draft openings (NDO) in the and from a tank enclosure to be to all seminar attendees, and to ‘‘Procedure T—Criteria for and conducted by enclosed transfer systems. additional members of EPA and the Verification of a Permanent or However, the EPA does consider it regulated community, for informational Temporary Total Enclosure’’ under 40 reasonable to interpret the provisions of purposes and peer review. Further, the CFR 52.741, appendix B (‘‘Criteria T’’) § 264.1084(i)(1) and § 265.1085(i)(1) to RCRA Hotline has been clarifying the requirements. The Criteria T evaluation require that the enclosure be operated in regulatory text requirement for enclosed of NDO is intended to evaluate the the same manner in which it was combustion devices to callers who have effectiveness of the enclosure at evaluated for compliance with Criteria raised the topic to Hotline capturing emissions from within the T. Thus, the EPA is clarifying that representatives. The requirement for enclosure. Therefore, for purposes of enclosure doors and other openings not enclosed combustion devices on level 2 Criteria T, the evaluation of the evaluated as NDO shall be closed when tank enclosures is not being amended by enclosure must be conducted on the hazardous waste is managed inside the today’s action. However, the EPA is enclosure as it is operated during enclosure, except when it is necessary currently considering a future hazardous waste management to open the door or opening for waste amendment to this requirement that operations. If the enclosure has a door transfer, equipment access, or worker would allow owners or operators to that is closed during waste operations, access. operate a Level 2 tank enclosure vented then the open doorway would not be In the December 6, 1994 final to an alternate control device, provided considered an NDO; however, cracks or regulation, the regulatory text at they make certain site-specific openings that exist around the door §§ 264.1084(g) and 265.1085(g) allowed demonstrations. The reason EPA when it is closed would be considered that an owner or operator may install currently requires enclosure emissions NDO. Doors on enclosures are often very and operate a safety device on tank to be vented to an enclosed combustion large, to accommodate waste covers, closed-vent systems and control device is because organic concentrations transportation vehicles; thus, the devices. The amendments published on in air within the enclosure are very effectiveness of an enclosure is severely November 25, 1996 amended the tank dilute, due to the inherent dilution in altered by the positioning of such a requirements; in those amendments, the the enclosure, and are often less than door. Obviously, if a door is normally provision for safety devices was 100 ppm organics by volume. It is not open during times when hazardous inadvertently omitted from the tank clear to the EPA that control devices waste is managed in the enclosed tank, requirements for floating roof covers. other than enclosed combustion the open doorway would be considered Today’s action adds new paragraphs devices, can reduce organics in such a an NDO. 264.1084(e)(4), 264.1084(f)(4), dilute vent stream by the 95 percent By this clarification, the EPA is not 265.1085(e)(4), and 265.1085(f)(4) control efficiency required the subpart precluding the opening of enclosure stating that safety devices are allowed

VerDate 02-DEC-97 19:12 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\P08DE0.PT2 08der2 64650 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations on both internal and external floating of this section.’’ Also, the EPA is ** * the container is not emptied (i.e., roof tank covers. clarifying the requirements of does not meet the conditions for an Today’s action amends §§ 264.1085(d)(1)(iii) and empty container as specified in 40 CFR § 264.1084(f)(3)(iii) to correct a 265.1086(d)(1)(iii) by making a non- 261.7(b)) within 24 hours after the typographical error. The sentence ‘‘Prior substantive editing change. ‘‘Factors to container is accepted at the facility, the to each inspection required by be considered when selecting the owner or operator shall visually inspect paragraph (f)(3)(i) or (f)(3)(ii) of this materials for * * *’’ is redrafted to read the container * * *’’ The 24-hour subpart * * *’’ is revised to read as ‘‘Factors to be considered when period in the rule language refers to the follows, ‘‘Prior to each inspection selecting the materials of construction time limit on emptying the container required by paragraph (f)(3)(i) or ** *’’ To correct another typographical that triggers the visual inspection; the (f)(3)(ii) of this section * * *’’ Also, to error in §§ 264.1085(d)(2)(i)(B) and rule language in § 265.1087(c)(4)(i) and correct another typographical error in § 265.1086(d)(2)(i)(B), ‘‘To remove (d)(4)(i), and the corresponding § 264.1084(f)(3)(i)(D)(4) and accumulated sludge or other residues paragraphs in 40 CFR part 265, as § 265.1085(f)(3)(i)(D)(4), the phrase from the bottom of surface published in November 1996, do not ‘‘* * * and then dividing the sum for impoundment.’’ is revised to read, ‘‘To specify the time frame in which the each seal type by the nominal perimeter remove accumulated sludge or other visual inspections must be conducted. of the tank.’’ is revised to read as residues from the bottom of the surface However, it is the intent of the EPA that follows ‘‘* * * and then dividing the impoundment.’’ the initial inspection be subject to the sum for each seal type by the nominal As is discussed regarding tanks, in same time requirements as were set out diameter of the tank.’’ Section E of this preamble, the EPA in the December 6, 1994, final In the November 25, 1996 final rule inadvertently failed to add the regulation (see 40 CFR 265.1089(f)(1) of amendments (61 FR 59932), an exemption for hazardous wastes that the December 6, 1994 published exemption from the control have been treated to meet applicable regulation (at 59 FR 62947)). requirements of subpart CC was added LDR treatment standards to the Specifically, the container inspection for a tank, surface impoundment, or exemption from the closed system must be conducted on or before the date container for which all the hazardous transfer requirements for hazardous that the container is initially subject to waste placed in the unit meets the Land waste that is transferred to a surface the subpart CC container standards. Disposal Restrictions (LDR) as specified impoundment. Today’s action adds this Thus, for a container with hazardous in §§ 264.1082(c)(4) and 265.1083(c)(4). exemption to the exemptions from waste that is transported to a regulated However, the EPA inadvertently failed closed system transfer requirements in facility, the inspection of the container to add this exemption based on meeting §§ 264.1085(e)(2)(iii) and is required on or before the date that the applicable LDR treatment standards to 265.1086(e)(2)(iii). container is accepted at the facility. the exemption from the closed system G. Standards: Containers transfer requirements. Today’s change In those situations where it would be adds paragraph (iii) under The EPA has received comments from infeasible to inspect a container on the §§ 264.1084(j)(2) and 265.1085(j)(2) to the regulated community regarding the date it is accepted at the facility, for the correct this oversight. It was originally inspection requirements for containers; purpose of compliance with the subpart the EPA’s intent to make this these comments clearly indicate a wide- CC container standards, it would be conforming amendment for closed spread misinterpretation of the rule acceptable for the container to be system transfer requirements in the requirements relevant to container inspected prior to that date. For November 25, 1996 action. The basic inspections. Numerous commenters example, if an owner or operator of an structure of the subpart CC rule is that referenced in their statements to the affected facility accepts a shipment of once a hazardous waste is subject to the EPA that the language in containers that arrives at the TSDF on provisions of the rule, all containers, § 264.1086(c)(4)(i) and (d)(4)(i), and the a truck, and the TSDF owner or operator tanks, and impoundments managing the corresponding paragraphs in 40 CFR is unable to conduct a visual inspection waste are subject to the rule’s part 265, require a visual inspection to of the containers at the time of requirements. However, once a waste is occur within 24 hours after acceptance acceptance of the container shipment, it treated to destroy or remove organics in of each regulated container which is is acceptable under the rule to have the a manner specified in the rule, transported to a regulated facility and generator or transporter perform the downstream tanks, containers, and which contains hazardous waste at the visual inspection of the individual surface impoundments are not subject to time it arrives at the facility. They also containers before or during loading of the subpart CC air requirements to noted that the requirement for an the containers onto the truck for operate the units with covers and/or inspection to be conducted within a 24- transport to the affected facility. The control devices. hour time frame is unnecessarily transporter or generator could provide burdensome in some limited and the recipient TSDF with some level of (Note: Recordkeeping, monitoring, reporting infrequent situations. information (e.g., written and testing requirements may apply to those downstream units.) See Section VII.A.2.b, The visual container inspection documentation) to confirm the Treated Hazardous Waste, of the preamble to requirement is intended to provide inspection has been conducted on or the final rule (59 FR 62914, December 6, means for the facility owner or operator before the date that the container is 1994). The EPA inadvertently failed to codify to ensure that the container has no accepted at the facility. It is likely that this core principle for closed system transfer visible openings or gaps through which the TSDF owner or operator would then and is correcting the omission in today’s rule. organics could be emitted; see Section perform their own visual inspection IV.I.3 of the preamble, 61 FR 59948, when possible, (e.g., at the time that the F. Standards: Surface Impoundments November 25, 1996. The amended containers are unloaded from the truck Today’s action corrects a container regulations published at the TSDF). The EPA considers the use typographical error in §§ 264.1085(b)(2) November 25, 1996, did not specify the of generator or transporter supplied and 265.1086(b)(2) by revising the time frame in which the initial visual information to comply with the visual phrase ‘‘* * * paragraph (d) of this inspection must be conducted. The inspection requirements similar to sections.’’ to read ‘‘* * * paragraph (d) regulation states, ‘‘In the case when owner or operator use of generator

VerDate 02-DEC-97 19:12 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\P08DE0.PT2 08der2 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64651 information regarding the organic final rules only allowed the opening whether such activities are required to content of a hazardous waste as a means through which waste was transferred to be conducted in containers equipped to comply with the waste determination be open during waste transfer, this was with level 3 controls. There has been (i.e., VO concentration determination) inadvertent; the EPA intended to allow specific inquiry as to whether the requirements of the rule. It should be venting during waste transfer subpart CC level 3 container standards noted that in either case, it is ultimately operations, either through the opening apply in situations where an owner or the responsibility of the owner or through which the waste is transferred, operator ‘‘transfers’’ hazardous waste operator of the affected facility to be in or through a second opening that would from one container, such as a bulk compliance with all the applicable serve as a vent. To this effect, the EPA container or roll off box, to a second regulatory requirements. The EPA is amended the subpart CC rules on unit, and adds the sorbent to the waste amending the language in February 9, 1996 to clarify this point after each scoop of waste is placed in § 264.1086(c)(4)(i) and (d)(4)(i), and the (see 61 FR 4909). The fact that EPA is the second unit. The container corresponding paragraphs in 40 CFR not requiring control of vacuum trucks standards at § 264.1086(b)(2) state that, part 265, to clarify that the 24-hour is also discussed in the document ‘‘* * * the owner or operator shall period noted in the rule refers to the Hazardous Waste Treatment, Storage, control air pollutant emissions from the time frame for emptying a container, and Disposal Facilities—Background container in accordance with the and that this 24-hour criterion then Information for Promulgated Organic Container Level 3 standards specified in triggers the need for a visual inspection Air Emission Standards for Tanks, paragraph (e) of this section at those that must be conducted on or before the Surface Impoundments, and containers; times during the waste stabilization date that the container is accepted at the see EPA–453/R–94–076b, November process when the hazardous waste in facility. 1994, Section 6.6.5. where it is clear that the container is exposed to the The amendment to §§ 264.1086 the EPA is fully aware that a practical atmosphere.’’ In its definition of waste (c)(4)(i) and (d)(4)(i), and the means of controlling the exhaust from stabilization at 40 CFR 265.1081, the corresponding language in part 265, also the vacuum pump on a vacuum truck EPA has stated that stabilization clarify the phrase ‘‘accepted at the has not been demonstrated. The EPA is includes the elimination of free liquids, facility.’’ For the purposes of this now reiterating that these types of but does ‘‘not include the adding of inspection requirement for containers, systems are allowed under the subpart absorbent materials to the surface of a the date of acceptance is the date of CC container rules. waste, without mixing, agitation, or signature that the facility owner or In response to commenters, EPA is subsequent curing, to absorb free operator enters on Item 20 of the providing clarification that venting of liquid.’’ The associated preamble Uniform Hazardous Waste Manifest of containers for worker safety is also language clearly defined what activities the appendix to 40 CFR part 262 (EPA allowed under the subpart CC container EPA was excluding from the waste Form 8700–22), as required under rules. Provision (iii) of §§ 264.1086(c)(3) stabilization definition. See 61 FR at subpart E of this part, at § 264.71 and and 265.1087(c)(3), which allows 4905, February 9, 1996. That preamble § 265.71. The instructions to EPA Form opening of a closure device or cover discussion stated, ‘‘The EPA is also 8700–22 at Item 20, Facility Owner or when access inside is needed, would amending the term ‘‘waste stabilization’’ Operator: Certification of Receipt of allow the owner or operator to vent a to specifically exclude the process of Hazardous Materials Covered by This container prior to sending a worker into adding non-reactive absorbent material Manifest Except as Noted in Item 19, a tanker or other container for clean-out. to the surface of a waste. The EPA state, ‘‘Print or type the name of the This type of venting is necessary to recognizes that to meet certain criteria person accepting the waste on behalf of avoid an unsafe condition when under the Land Disposal Restrictions, or the owner or operator of the facility. entering a confined space. For example, to prevent the introduction of liquid That person must acknowledge venting both before and during the into certain combustion devices, owners acceptance of the waste described on cleaning operations is needed to reduce or operators apply absorbent material to the Manifest by signing and entering the the organic vapor concentration below the surface of wastes just prior to date of receipt.’’ The EPA considers the lower explosive limit (LEL) for disposal. In such procedures, the acceptance of the waste to occur at the worker safety. In addition, provision (v) container is opened, absorbent material time of manifest signature. This has of §§ 264.1086(c)(3) and 265.1087(c)(3), is placed on the surface of the waste to been the EPA’s consistent interpretation which allows opening of a safety device of this phrase, and is the guidance that at any time clearly shows the EPA intent absorb a relatively small amount of EPA has supplied both verbally and in regarding the implementation measures liquid, and the container is closed. No written seminar materials. necessary to avoid an unsafe condition. mixing or agitation is involved in the The EPA has received questions The EPA considers that the current rule process.’’ regarding when the opening of a cover language allows this type of venting for It is clear from the text of the or closure device is allowed on maintenance of worker safety, and is regulation, as well as the February 9, containers. Several of these questions providing this preamble discussion in 1996 preamble discussion, that addition have concerned the opening of the vent response to requests from commenters. of absorbent, even with very limited on vacuum trucks during loading An additional interpretive mixing or agitation, must be performed operations and the opening of clarification is required, regarding the in compliance with the container level containers vents to allow venting of transfer requirements to, from, and 3 standards. In fact, this is the literal vapors for the purpose of worker safety. among hazardous waste containers, meaning of the provision—such With regard to vacuum trucks, the EPA specifically when transfers occur in ‘‘transfer’’ operations result in mixing of has always intended the subpart CC conjunction with hazardous waste the sorbent material with the waste, a final rules to allow containers to vent stabilization operations. condition that qualifies as waste emissions directly to the atmosphere The first clarification addresses stabilization under subpart CC, and during filling operations. This would whether the addition of sorbent requires container level 3 controls. (See include use of a vacuum system to fill materials is considered to be waste also the discussion of the EPA’s a tank truck (i.e., a container under stabilization for the purposes of intentions regarding requirements for RCRA). Although the December 6, 1994 compliance with subpart CC, and thus, containers in the February 9, 1996

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The November 25, 1996 transfers where necessary to protect clear that a hazardous waste transfer amendment also revised the tank and human health and the environment. operation conducted as described above surface impoundment transfer There are other aspects of the would not satisfy the EPA’s stated intent requirements such that only transfer container standards that also require with regard to the general transfer between and among subpart CC- some further clarification; one point that requirements of the container standards. regulated tanks and surface needs some additional explanation is in Therefore, the type of transfer operation impoundments are required to be regard to the Department of described above can only occur if the conducted in an enclosed transfer Transportation (DOT) compliance containers meet the container level 3 system. This amendment was made in demonstration option for containers. requirements. The EPA repeats that this recognition that it is often impractical The subpart CC container standards, as requirement has a sound environmental for waste in containers to be transferred amended November 25, 1996, allow basis. Containers would remain open to to tanks or surface impoundments three options for compliance the environment during such through an enclosed system. However, it demonstration, one of which is through operations, and the volatile hazardous is the EPA’s intent that transfer of compliance with certain applicable DOT constituents will be released. The hazardous waste among containers, and regulations for packaging of hazardous reaction of the sorbent materials with between containers and surface materials for transportation. the hazardous waste would, in fact, be impoundments or tanks, be conducted Commenters have stated that they likely to increase the volatilization of in a manner to minimize waste exposure consider the specification in subpart CC, the organics in the waste, while the to the atmosphere. See § 264.1084(j), as to which DOT packaging container would remain uncovered as § 264.1085(e), § 264.1086(d)(2) and requirements qualify for that subsequent layers of waste and sorbent corresponding paragraphs in part 265. compliance option, to have resulted in an overly stringent requirement. were applied. Such a situation would Members of the regulated community However, the EPA has clarified that result in organic emissions that the EPA have questioned whether it is possible demonstration of compliance through considers most appropriately controlled to evade these less extensive transfer the use of certain DOT packagings is under the container level 3 requirements by including an only one approach to demonstrating requirements, and the rules so require. intervening non-subpart CC unit when The EPA recognizes, however, that compliance with the container performing a transfer of hazardous there are circumstances where addition standards. The regulated industry has waste. Specifically, certain regulated of sorbent is not stabilization and indicated to EPA that the vast majority therefore will not trigger subpart CC facilities have discussed transferring of hazardous waste that is shipped in container standards. This is why the waste from a subpart CC-regulated unit DOT transport packagings meets the rule states that stabilization ‘‘does not (e.g., a tank or container) to a unit not requirements for container level 1 include the adding of absorbent subject to subpart CC (e.g., the floor of standards. Thus, if a facility owner or materials to the surface of a waste, a containment building), then operator is using a DOT packaging without mixing, agitation, or subsequent subsequently transferring the waste to a which is not among those specified curing, to absorb free liquid.’’ The chief second subpart CC-regulated unit. Since under the subpart CC container example EPA has provided of such an the containment building is not a unit standards, the facility owner or operator activity is addition of sorbent just prior regulated by subpart CC, the subpart CC must conduct a visual inspection to to the final disposition of the material standards do not impose transfer determine that there are no visible (the situation given in the February 9, requirements to or from containment openings, cracks, etc. in the container. 1996 preamble discussion). Other buildings; thus, the facilities suggest See § 265.1087(c)(1)(ii). The EPA examples would involve situations that the subpart CC transfer considers the existing regulatory where tanks are covered immediately requirements would be met. As noted language to adequately convey this after addition of sorbent and stay above, the subpart CC container intent, and is including this preamble covered thereafter. requirements state that transfer of discussion in response to commenters’ Examples could occur when sorbent hazardous waste to and from a regulated requests. is added to a container at the end of a container shall be conducted in a The container option to comply with work day, or at the final completion of manner which minimizes the waste’s applicable DOT packaging regulations, a waste transfer. The EPA’s technical exposure to the atmosphere, considering described at 40 CFR 265.1087(f) and basis for allowing sorbent material to be practical factors. The EPA considers an 264.1086(f), includes four requirements placed on the waste surface in these unnecessary and open-air transfer of which must all be met to comply with limited situations, we repeat, is that any waste to or from a container, conducted the subpart CC compliance potential for volatilization to the in whole or in part, to avoid the subpart demonstration. The regulatory language atmosphere of the organics in the waste CC container (or tank) requirements, to of that paragraph clearly indicates (in would be prevented by the immediate not meet the obvious intent of the fact, literally indicates) that compliance application of the container cover. container transfer requirement (e.g., see with all four of the subparagraphs at A similar issue has come to the 264.1086(d)(2)). The EPA is aware of § 265.1087(f)(1) through § 265.1087(f)(4) attention of EPA, regarding the waste transfer methods that would be is required, since the requirements are container standards at § 264.1086(d)(2) more effective in minimizing exposure not presented as alternatives. The and § 265.1087(d)(2), which require that of the waste to the atmosphere—the following paragraphs provide a detailed transfer of hazardous waste in or out of owner or operator is responsible for description of each of the four a container ‘‘* * * be conducted in conducting waste transfer in such a requirements found at § 265.1087(f). such a manner as to minimize exposure manner as to minimize exposure of the The first requirement, found at 40 of the hazardous waste to the hazardous waste to the atmosphere. CFR 265.1087(f)(1), specifies that the atmosphere, to the extent practical Rather than leaving this issue open to container must meet the applicable ** *’’ This provision was an interpretation, the EPA will instruct requirements specified in 40 CFR part amendment to the more extensive permit writers to invoke omnibus 178 or part 179. It is EPA’s intent to transfer requirements that were authority under RCRA section require that in order to comply with 40 promulgated in the December 6, 1994 3005(c)(3) to assure control of such CFR part 265.1087(f), a container must

VerDate 02-DEC-97 19:12 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\P08DE0.PT2 08der2 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64653 be subject to 49 CFR part 178 or part requirements in 49 CFR parts 178 and any one of the following: a submerged- 179; it is also the EPA’s intent to require 179. Paragraph 265.1087(f)(3) of the fill pipe * * *’’ is revised to read as that such a container be in compliance subpart CC rule specifically means that follows, ‘‘* * * any one of the with all the requirements of 49 CFR for the purposes of the subpart CC rule following: A submerged-fill pipe * * *’’ parts 178 and 179 that are applicable. provisions, compliance with 49 CFR For containers required to use Level 2 (Again, this is the direct and literal parts 178 and 179 is required, and no controls under the subpart CC reading of the provision.) In developing exceptions to those provisions are standards, one option under the final the final rule, the EPA determined that allowed (unless the container were a lab rules requires that the hazardous waste containers subject to and in compliance pack, as described in § 265.1087(f)(4)). be managed in a ‘‘container that with these requirements would achieve As with the earlier provisions discussed operates with no detectable organic the appropriate level of air emission above, this is the literal meaning of the emissions.’’ (See §§ 264.1086(d)(ii) and control; see the preamble discussion at provision. There are many exceptions, 265.1087(d)(ii).) The test for conducting Section IV.I.1, 61 FR 59947, November both explicit and implicit, to the 49 CFR no detectable organic emissions for the 25, 1996. The Agency could not make part 178 and 179 standards which are purpose of complying with this that finding for containers not subject to contained in other sections of the DOT requirement must be conducted in these provisions. A container not standards. The EPA’s intent in 40 CFR accordance with the procedures subject to 49 CFR part 178 or 179 is thus 265.1087(f)(3) is to disallow any specified in Method 21 of 40 CFR part not eligible to comply with the subpart regulatory provision which removes or 60, appendix A. However, under CC rule through the requirements of 40 alters a requirement contained in 49 subpart CC, there are no requirements CFR 265.1087 (c)(1)(i) or (d)(1)(i), nor CFR parts 178 or 179, regardless of for periodic Method 21 leak monitoring the corresponding paragraphs in 40 CFR where that disallowing regulatory of containers. (See Section IV.I.3 of the part 264; it would have to comply with provision is codified, or whether that preamble to the final rule, 61 FR 59948, the subpart CC rule through the provision is specifically described as an November 25, 1996.) Any Method 21 requirements of 40 CFR 265.1087 ‘‘exception.’’ For instance, 49 CFR monitoring to determine if the (c)(1)(ii), (c)(1)(iii), (d)(1)(ii) or d(1)(iii), 173.28(e) states that a non-reusable containers operate with no detectable or the corresponding paragraphs in 40 container may be reused for certain organic emissions is conducted at the CFR part 264, as appropriate. circumstances; however, the allowance owner’s or operator’s discretion. In The second requirement within 40 of that paragraph would not be order to clarify this point, the EPA has CFR 265.1087(f) for DOT-compliant recognized for compliance with the amended the language in paragraph (g) containers stipulates that the hazardous subpart CC container standards at 40 of the container standards. waste must be managed in the DOT CFR 265.1087(f) or 40 CFR 264.1086(f). H. Standards: Closed-Vent Systems and container in accordance with all the As another example, 49 CFR 173.204 Control Devices requirements contained in 49 CFR part contains an implicit exception for 107 subpart B, part 172, part 173, and The inspection and monitoring certain hazardous materials that states, requirements under paragraph (c) of part 180 that are applicable to that ‘‘packaging need not conform to the container and the waste managed in that § 264.1087 and § 265.1088 are being requirements of part 178.’’ However, if amended to clarify that the inspection container. The EPA listed these that packaging were used to manage a regulatory parts because they were and monitoring procedures specifically hazardous waste subject to the container cited in paragraph (c)(7) are applicable characterized by the industry and by regulations of the subpart CC rule, the DOT as the parts which describe the to closed-vent systems as well as to the effect of 40 CFR 265.1087(f)(3) would be requirements for management of control devices. The reference to closed- to require that, for compliance with the hazardous waste, for the types of vent system in paragraph (c)(7) was subpart CC rule, such packaging must containers that are specified in 49 CFR inadvertently left out of the sentence comply with the requirements of 49 CFR parts 178 and 179. The reference to 49 specifying what shall be inspected and part 178. In this example, 40 CFR CFR part 107 subpart B is included to monitored; however, the procedures 265.1087(f) and 264.1086(f) would recognize the exemptions for containers specified in the paragraph did cite the disallow the exception to 49 part 178 that have been determined by DOT to be requirements applicable to closed-vent provided by 49 CFR 173.204. Thus, as equivalent or superior to those required systems, and it was thus the EPA’s a general matter, 40 CFR 265.1087(f) and within 49 CFR part 178 and 179 intent that closed-vent systems be standards. 264.1086(f) have the intended effect of included. The third and fourth requirements, requiring strict compliance with all The EPA has received several listed in 40 CFR 265.1087(f)(3) and (f)(4) applicable requirements of 49 CFR parts comments concerning how a TSDF and their corresponding paragraphs in 178 and 179 (other than the exception owner or operator would demonstrate 40 CFR part 264, state that, ‘‘* * * For for lab packs at 49 CFR 173.12(b)), for compliance with the 95 percent removal the purpose of complying with this the purpose of the DOT compliance requirement (see § 265.1088(c)(1)(i)) for subpart, no exceptions to the 40 CFR option within the subpart CC container a vent stream with low concentration part 178 and part 179 regulations are standards. Strict compliance with these organic vapor entering an organic air allowed except as provided for in provisions is necessary to ensure that emission control device. The paragraph (f)(4) of this section,’’ and the emission reduction intended by the commenters contended that the 95 ‘‘For a lab pack that is managed in rule is achieved. percent removal or destruction accordance with the requirements of 40 Today’s action also corrects two performance demonstration is not CFR part 178 for the purpose of typographical errors in § 264.1086. In feasible for low concentration organic complying with this subpart, an owner § 264.1086(c)(2), ‘‘* * * Organic vapor streams. However, the EPA has not at or operator may comply with the permeability, the effects of the contact this time found adequate technical exceptions for combination packagings with the hazardous waste * * *’’ is reasons to change the 95 percent control specified in 40 CFR 173.12(b).’’ These revised to read as follows, ‘‘Organic requirement. Similar requirements have requirements indicate that the DOT- vapor permeability; the effects of the been included in other regulations authorized container must be in contact with the hazardous waste controlling air emissions from process compliance with all applicable * * *’’ and in § 264.1086(d)(2), ‘‘* ** vents on hazardous and non-hazardous

VerDate 02-DEC-97 19:12 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\P08DE0.PT2 08der2 64654 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations waste management operations (e.g., burden the owner or operator of interim a unit requiring a control device. In the subpart DD in 40 CFR part 63) and status facilities with the additional November 1996 amendments, the EPA guidance regarding compliance with the reporting requirements associated with revised the control device provisions in 95 percent control requirement has been the technical demonstration of recognition that planned or routine published by the EPA, see EPA–450/3– equivalent characterization of maintenance of control devices, within 89–021, Hazardous Waste TSDF— performance. For those facilities that are reason, would limit the unplanned Technical Guidance Document for monitoring an alternative parameter, malfunctions. However, the EPA RCRA Air Emission Standards for e.g., condenser coolant exhaust rather continues to consider that 240 hours per Process Vents and Equipment Leaks; or than the condenser vent stream exhaust, year is an appropriate maximum EPA–450/3–91–007, Alternative Control in compliance with provisions of a amount of time for hazardous waste to Technology Document—Organic Waste Clean Air Act regulation such as the be managed in units without the Process Vents. The EPA has also HON, the owner or operator of the unit required control device operating. Thus, published guidance regarding the may be able to comply with the RCRA the EPA is not amending this provision. control of low concentration organic air rules through one of the Clean Air Instances of control device down time vapor streams; see EPA–450/R–95–003, Act applicability exemptions contained beyond the allowed 240 hours for Survey of Control Technologies for Low in the RCRA air rules at §§ 264.1030(d) maintenance would be considered concentration Organic Vapor Gas and 265.1030(d) of subpart AA and periods in which the facility is not in Streams. §§ 264.1080(b)(7) and 265.1080(b)(7) of compliance with the control It has been suggested that the EPA subpart CC. The EPA continues to requirements of the rule. include the use of an activated carbon believe that the monitoring The EPA is today clarifying that the adsorption control system as a specified requirements specified in the 40 CFR requirements for management of spent technology and/or use of surrogate part 265 rules are reasonable, and the carbon, at § 264.1088(c)(3)(ii) and compounds to demonstrate compliance. EPA does not consider it appropriate to § 265.1089(c)(3)(ii) apply only to carbon Again, the EPA does not have an allow alternative parameters to be that is a hazardous waste. This adequate technical basis to revise the monitored without a mechanism for clarification has been made in both the control device requirements to include Agency review of the alternative February 9, 1996 technical amendments a carbon adsorption control equipment approach (e.g., a Clean Air Act or RCRA (see 61 FR at 4910) and the November specification. Carbon adsorption permit). Therefore, the EPA is not 25, 1996 final rule amendments (see 61 systems require considerable amending the rule in this regard. FR at 59936). When amending the constituent and other site-specific regulatory text at § 264.1087(c)(3)(ii) and information for proper control device As previously noted in Section III.C of § 265.1088(c)(3)(ii) in the November 25, design, unlike combustion systems, for this preamble, the November 25, 1996, 1996 action, the EPA inadvertently which organic control efficiency is less amendments to the subpart CC omitted the phrases that state the dependent on the particular organic standards for control devices and closed requirement applies to carbon that is a constituent present in the gas stream. vent systems (at § 265.1088(c)(2)(i)), hazardous waste, and the requirement Therefore, the EPA has not included a added provisions to allow up to 240 applies regardless of the VO carbon adsorption equipment hours per year for periods of planned concentration of the carbon. These specification in the rule as an routine maintenance of a control device, statements had been included in the alternative to the 95 percent organic during which time the control device is regulatory text prior to that November removal efficiency demonstration. not required to meet the performance 25 Federal Register document; today’s Commenters also have requested that requirements for emission reductions amendment clarifies the EPA’s intent by the EPA amend the control device specified in the rule. The EPA has correcting that omission. requirements of the rule to allow that received comments that control devices the temperature sensor for condensers such as boilers, industrial furnaces, and I. Recordkeeping and Reporting be placed in the coolant exhaust rather incinerators often require routine Requirements than in the exhaust vent stream from the maintenance that takes longer than 10 In the November 25, 1996 final rule condenser exit. The EPA selected this days per year. In connection with this, amendments (61 FR 59952 and 59971) monitoring location because its was the commenters also requested that the to parts 264 and 265, the subpart CC judged that monitoring the exhaust gas EPA provide an extension to the repair applicability was amended to exempt provided a better and more direct period so long as the owner or operator any hazardous waste management unit characterization of the performance of documents the decision to use an that the owner or operator certifies is the condenser. In addition, the extension by including certain material equipped with and operating air standards for closed-vent systems and in the operating record. The EPA emission controls in accordance with an control devices in subpart AA (see considers the emissions from hazardous applicable Clean Air Act regulation § 264.1033(i)) allow that ‘‘an alternative waste to be a significant source of codified under 40 CFR part 60, part 61, operational or process parameter may be nationwide organic air emissions, and or part 63. Though the requirement for monitored if it can be demonstrated that does not consider it appropriate to owner or operator certification was another parameter will ensure that the lengthen the time that a control device established at § 264.1080(b)(7), the EPA control device is operated in may be out of service for routine inadvertently failed to add the conformance with these standards and maintenance, while hazardous waste is associated recordkeeping requirement to the control devices’s design being managed in the unit. As the recordkeeping sections of subpart specifications.’’ This same allowance is promulgated in December 1994, the CC. In order to establish minimum not contained in the part 265 standards subpart CC standards did not allow recordkeeping requirements for those for interim status facilities because the provisions for planned maintenance units that are exempted from the rules do not have provisions for time, because the modeled emission subpart because the unit is in reporting and thus there is no direct reductions attributed to the compliance with control requirements mechanism for Agency review of the implementation of these standards were under a Clean Air Act regulation, the appropriateness of the alternative based on control device operation at all subpart CC recordkeeping requirements parameter. The EPA did not seek to times that affected waste is managed in are being amended by today’s action. A

VerDate 02-DEC-97 19:12 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\P08DE0.PT2 08der2 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations 64655 new paragraph (j) is being added to reformat the list to be alphabetical, p.m., Monday through Friday, except for § 264.1089 and § 265.1090 that requires correct typographical errors in Federal holidays. the owner or operator to record and compound names (for example, B. Paperwork Reduction Act maintain: (1) a certification that the dimethyl hydrazine (1,) is corrected to waste management unit is equipped read 1,1-dimethyl hydrazine), and add The information collection with and operating air emission controls CAS numbers that were not available in requirements of the previously in accordance with the requirements of the November 25, 1996, final rule promulgated RCRA air rules were an applicable Clean Air Act regulation amendments. submitted to and approved by the Office of Management and Budget (OMB). A codified in 40 CFR parts 60, 61, or 63; There has been some uncertainty copy of this Information Collection and (2) identification of the specific among the regulated community with Request (ICR) document (OMB control requirements with which the unit is in respect to whether or not cyanide (CN) number 1593.02) may be obtained from compliance. is classified as an ‘‘organic’’ compound. Adding these requirements also Sandy Farmer, Information Policy For purposes of subpart CC, cyanide is necessitated a change to paragraph (a) of Branch (2136); U.S. Environmental listed in Appendix VI to Part 265 as one § 264.1089 and § 265.1090 in order to Protection Agency; 401 M Street, SW; of the compounds with a Henry’s Law include paragraph (j) in the list of Washington, DC 20460 or by calling Constant less than 0.1 Y/X and as such information specified for recordkeeping (202) 260–2740. it is not necessary to quantify CN as a under the subpart. Today’s amendments to the RCRA air part of the volatile organic In addition, today’s action corrects rules should have only a minor impact concentration determination. typographical errors in § 264.1089(a) on the information collection burden and § 265.1090(a). In the last sentence of VI Administrative Requirements estimates made previously, and that § 264.1089(a), ‘‘* * * air emission impact is expected to be a reduction. A. Docket controls specified in §§ 264.1084 The changes consist of new definitions, through 264.1087 of this subpart in Six RCRA dockets contain alternative test procedures, accordance with the conditions information pertaining to today’s clarifications of requirements, and specified in § 264.1084(d) of this rulemaking: (1) RCRA docket number F– additional compliance options. The subpart.’’ is revised to read as follows, 91–CESP–FFFFF, which contains copies changes are not additional ‘‘* * * air emission controls specified of all BID references and other requirements, but rather, are reductions in §§ 264.1084 through 264.1087 of this information related to the development in previously published requirements. subpart in accordance with the of the rule up through proposal; (2) The overall information-keeping conditions specified in § 264.1080(d) or RCRA docket number F–92–CESA– requirements in the rule are being § 264.1080(b)(7), respectively, of this FFFFF, which contains copies of the reduced. Consequently, the ICR has not subpart.’’ Similarly, in the last sentence supplemental data made available for been revised. of § 265.1090(a), ‘‘* * * air emission public comment prior to promulgation; C. Executive Order 12866 controls specified in §§ 264.1084 (3) RCRA docket number F–94–CESF- through 264.1087 of this subpart in FFFFF, which contains copies of all BID Under Executive Order 12866, the accordance with the conditions references and other information related EPA must determine whether the specified in § 264.1084(d) of this to development of the final rule proposed regulatory action is subpart’’ is revised to read as follows, following proposal; (4) RCRA docket ‘‘significant’’ and, therefore, subject to ‘‘* * * air emission controls specified number F–94–CE2A–FFFFF, which the OMB review and the requirements in §§ 265.1085 through 265.1088 of this contains information pertaining to waste of the Executive Order. The Order subpart in accordance with the stabilization operations performed in defines ‘‘significant’’ regulatory action conditions specified in § 265.1080(d) or tanks; (5) RCRA docket number F–95– as one that is likely to lead to a rule that § 265.1080(b)(7), respectively, of this CE3A–FFFFF, which contains may: (1) Have an annual effect on the subpart.’’ information about potential final rule Also in the recordkeeping sections of economy of $100 million or more or revisions made available for public subpart CC, paragraph (f) of § 264.1089 adversely affect in a material way the comment; and (6) RCRA docket number and § 265.1090 are being amended to economy, a sector of the economy, F–96–CE4A–FFFFF, which contains a provide the full citation referenced in productivity, competition, jobs, the copy of each of the comment letters the paragraph; the references to environment, public health or safety in submitted in regard to the revisions that § 264.1082(c)(2) and § 265.1083(c)(2) are State, local, or tribal governments or the EPA was considering for the final being expanded to state (c)(2)(i) through communities; subpart CC standards. The public may (c)(2)(vi)’’ in paragraph (f) to cover (2) Create a serious inconsistency or review all materials in these dockets at specifically each of the exemption otherwise interfere with an action taken the EPA RCRA Docket Office. options, for which a waste or planned by another agency; determination for a treated hazardous The EPA RCRA Docket Office is (3) Materially alter the budgetary waste is required. located at Crystal Gateway, 1235 impact of entitlements, grants, user fees, In a further correction, paragraph Jefferson Davis Highway, First Floor, or loan programs, or the rights and (b)(1)(ii)(B) of § 264.1089 and § 265.1090 Arlington, Virginia. Hand delivery of obligations of recipients thereof; or is being amended to correct the sentence items and review of docket materials are (4) Raise novel legal or policy issues structure and eliminate the redundant made at the Virginia address. The public arising out of legal mandates, the phrase ‘‘the following information.’’ must have an appointment to review President’s priorities, or the principles docket materials. Appointments can be set forth in the Executive Order. J. Appendix VI to Part 265 scheduled by calling the Docket Office The RCRA subpart CC air rules Appendix VI to part 265 is revised at (703) 603–9230. The mailing address published on December 6, 1994, were and reprinted in total. The revisions for the RCRA Docket Office is RCRA considered significant under Executive made by today’s action correct printing Information Center (5305W), 401 M Order 12866, and a regulatory impact errors in the November 25, 1996, final Street SW, Washington, DC 20460. The analysis (RIA) was prepared. The rule amendments (61 FR 59993), Docket Office is open from 9 a.m. to 4 amendments published today clarify the

VerDate 02-DEC-97 19:12 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\P08DE0.PT2 08der2 64656 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Rules and Regulations rule, provide more compliance requirements of the Unfunded Mandates Authority: 42 U.S.C. 6905, 6912(a), 6924 alternatives, make certain regulatory Act do not apply to this action. and 6925. provisions more lenient, and correct F. Immediate Effective Date structural problems with the drafting of Subpart BÐGeneral Facility Standards some sections. The OMB has evaluated The EPA has determined to make 2. Section 264.15 is amended by this action, and determined it to be non- today’s action effective immediately. revising paragraph (b)(4), and leaving significant; thus it did not require their The EPA believes that the corrections the ‘‘COMMENT’’ at the end of the review. being made in today’s action are either paragraph to read as follows: interpretations of existing regulations D. Regulatory Flexibility which do not require prior notice and § 264.15 General inspection requirements. This rule is not subject to notice and opportunity for comment, or are * * * * * comment rulemaking requirements and technical corrections of obvious errors (b) * * * therefore is not subject to the Regulatory in the published rules (for example, (4) The frequency of inspection may Flexibility Act. However, for the reasons corrections to regulations inconsistent vary for the items on the schedule. discussed in the December 6, 1994 with or not carrying out statements in However, the frequency should be based Federal Register (59 FR 62923), this rule the preamble or Background on the rate of deterioration of the does not have a significant impact on a Information Document). Comment on equipment and the probability of an substantial number of small entities. such changes is unnecessary, within the environmental or human health The changes to the rule do not add new meaning of 5 U.S.C. 553(b)(3)(B). In incident if the deterioration, control requirements to the December addition, the EPA notes that many of malfunction, or any operator error goes 1994 rule. The amendments in fact these clarifications result from the undetected between inspections. Areas reduce the already-existing public meeting process, so that the subject to spills, such as loading and requirements. Therefore, the Agency has provided a measure of unloading areas, must be inspected amendments are also not considered opportunity for comment. daily when in use. At a minimum, the significant. inspection schedule must include the VII. Legal Authority Under 5 U.S.C. 801(a)(1)(A) as added items and frequencies called for in by the Small Business Regulatory These regulations are amended under §§ 264.174, 264.193, 264.195, 264.226, Enforcement Fairness Act of 1996, EPA the authority of sections 2002, 3001– 264.254, 264.278, 264.303, 264.347, submitted a report containing this rule 3007, 3010, and 7004 of the Solid Waste 264.602, 264.1033, 264.1052, 264.1053, and other required information to the Disposal Act of 1970, as amended by 264.1058, and 264.1083 through U.S. Senate, the U.S. House of RCRA, as amended (42 U.S.C. 6921– 264.1089 of this part, where applicable. Representatives and the Comptroller 6927, 6930, and 6974). * * * * * General of the General Accounting List of Subjects Office prior to publication of the rule in Subpart EÐManifest System, today’s Federal Register. This rule is 40 CFR Parts 264 and 265 Recordkeeping, and Reporting not a ‘‘major rule’’ as defined by 5 Environmental protection, Air 3. Section 264.73 is amended by U.S.C. 804(2) given that it amends the pollution control, Container, Control revising paragraph (b)(6) to read as rule published in 1994 to reduce the device, Hazardous waste, Inspection, follows: extent of regulation. Monitoring, Reporting and § 264.73 Operating record. E. Unfunded Mandates Act recordkeeping requirements, Surface * * * * * impoundment, Tank, TSDF, Waste Under section 202 of the Unfunded (b) * * * determination. Mandates Reform Act of 1995 (6) Monitoring, testing or analytical (‘‘Unfunded Mandates Act’’), the EPA 40 CFR Part 270 data, and corrective action where must prepare a budgetary impact required by subpart F of this part and statement to accompany any proposed Environmental protection, §§ 264.19, 264.191, 264.193, 264.195, or final rule that includes a Federal Administrative practice and procedure, 264.222, 264.223, 264.226, 264.252— mandate that may result in estimated Air pollution, Confidential business 264.254, 264.276, 264.278, 264.280, costs to State, local, or tribal information, Hazardous waste, Permit 264.302—264.304, 264.309, 264.347, governments in the aggregate, or to the modification, Reporting and 264.602, 264.1034(c)—264.1034(f), private sector, of $100 million or more. recordkeeping requirements. 264.1035, 264.1063(d)—264.1063(i), Under section 205, the EPA must select Dated: November 28, 1997. 264.1064, and 264.1082 through the most cost-effective and least Richard D. Wilson, 264.1090 of this part. burdensome alternative that achieves Acting Asssistant Administrator for Air and * * * * * the objectives of the rule and is Radiation. consistent with statutory requirements. Subpart AAÐAir Emission Standards Section 203 requires the EPA to For the reasons set out in the for Process Vents preamble, title 40, chapter I, parts 264, establish a plan for informing and 4. Section 264.1030 is amended by advising any small governments that 265, and 270 of the Code of Federal Regulations are amended as follows: revising paragraphs (b)(3) and (c), may be significantly or uniquely leaving the ‘‘NOTE’’ at the end of impacted by the rule. PART 264ÐSTANDARDS FOR paragraph (c), and adding paragraph (e), The EPA has determined that the OWNERS AND OPERATORS OF to read as: action promulgated today does not HAZARDOUS WASTE TREATMENT, include a Federal mandate that may STORAGE, AND DISPOSAL § 264.1030 Applicability. result in estimated costs of $100 million FACILITIES * * * * * or more to either State, local, or tribal (b) * * * governments in the aggregate or to the 1. The authority citation for part 264 (3) A unit that is exempt from private sector. Therefore, the continues to read as follows: permitting under the provisions of 40

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CFR 262.34(a) (i.e., a ‘‘90-day’’ tank or provisions of this subpart must prepare § 264.1050 Applicability. container) and is not a recycling unit an implementation schedule that * * * * * under the provisions of 40 CFR 261.6. includes dates by which the closed-vent (b) * * * (c) For the owner and operator of a system and control device will be (3) A unit that is exempt from facility subject to this subpart and who installed and in operation. The controls permitting under the provisions of 40 received a final permit under RCRA must be installed as soon as possible, CFR 262.34(a) (i.e., a ‘‘90-day’’ tank or section 3005 prior to December 6, 1996, but the implementation schedule may container) and is not a recycling unit the requirements of this subpart shall be allow up to 30 months after the effective under the provisions of 40 CFR 261.6. incorporated into the permit when the date that the facility becomes subject to (c) For the owner or operator of a permit is reissued in accordance with this subpart for installation and startup. facility subject to this subpart and who the requirements of 40 CFR 124.15 or (ii) Any unit that begins operation received a final permit under RCRA reviewed in accordance with the after December 21, 1990, and is subject section 3005 prior to December 6, 1996, requirements of 40 CFR 270.50(d). Until to the provisions of this subpart when the requirements of this subpart shall be such date when the owner and operator operation begins, must comply with the incorporated into the permit when the receives a final permit incorporating the rules immediately (i.e., must have permit is reissued in accordance with requirements of this subpart, the owner control devices installed and operating the requirements of 40 CFR 124.15 or and operator is subject to the on startup of the affected unit); the 30- reviewed in accordance with the requirements of 40 CFR 265, subpart month implementation schedule does requirements of 40 CFR 270.50(d). Until AA. not apply. such date when the owner or operator * * * * * receives a final permit incorporating the (iii) The owner or operator of any requirements of this subpart, the owner (e) The requirements of this subpart facility in existence on the effective date do not apply to the process vents at a or operator is subject to the of a statutory or EPA regulatory facility where the facility owner or requirements of 40 CFR part 265, amendment that renders the facility operator certifies that all of the process subpart BB. subject to this subpart shall comply vents that would otherwise be subject to * * * * * with all requirements of this subpart as this subpart are equipped with and (f) Equipment that contains or soon as practicable but no later than 30 operating air emission controls in contacts hazardous waste with an months after the amendment’s effective accordance with the process vent organic concentration of at least 10 date. When control equipment required requirements of an applicable Clean Air percent by weight for less than 300 by this subpart can not be installed and Act regulation codified under 40 CFR hours per calendar year is excluded begin operation by the effective date of part 60, part 61, or part 63. The from the requirements of §§ 264.1052 the amendment, the facility owner or documentation of compliance under through 264.1060 of this subpart if it is operator shall prepare an regulations at 40 CFR part 60, part 61, identified, as required in implementation schedule that includes or part 63 shall be kept with, or made § 264,1064(g)(6) of this subpart. the following information: Specific readily available with, the facility calendar dates for award of contracts or * * * * * operating record. 8. Section 264.1060 is revised to read issuance of purchase orders for the as follows: * * * * * control equipment, initiation of on-site 5. Section 264.1031 is amended by installation of the control equipment, § 264.1060 Standards: Closed-vent revising the definition of ‘‘In light liquid completion of the control equipment systems and control devices. service’’ to read as follows: installation, and performance of any (a) Owners and operators of closed- § 264.1031 Definitions. testing to demonstrate that the installed vent systems and control devices subject * * * * * equipment meets the applicable to this subpart shall comply with the In light liquid service means that the standards of this subpart. The owner or provisions of § 264.1033 of this part. piece of equipment contains or contacts operator shall enter the implementation (b)(1) The owner or operator of an a waste stream where the vapor pressure schedule in the operating record or in a existing facility who cannot install a of one or more of the organic permanent, readily available file located closed-vent system and control device components in the stream is greater than at the facility. to comply with the provisions of this 0.3 kilopascals (kPa) at 20°C, the total (iv) Owners and operators of facilities subpart on the effective date that the concentration of the pure organic and units that become newly subject to facility becomes subject to the components having a vapor pressure the requirements of this subpart after provisions of this subpart must prepare greater than 0.3 kilopascals (kPa) at 20°C December 8, 1997, due to an action an implementation schedule that is equal to or greater than 20 percent by other than those described in paragraph includes dates by which the closed-vent weight, and the fluid is a liquid at (a)(2)(iii) of this section must comply system and control device will be operating conditions. with all applicable requirements installed and in operation. The controls must be installed as soon as possible, * * * * * immediately (i.e., must have control 6. Section 264.1033 is amended by devices installed and operating on the but the implementation schedule may revising paragraph (a)(2) to read as date the facility or unit becomes subject allow up to 30 months after the effective follows: to this subpart; the 30-month date that the facility becomes subject to implementation schedule does not this subpart for installation and startup. § 264.1033 Standards: Closed-vent apply). (2) Any unit that begins operation systems and control devices. * * * * * after December 21, 1990, and is subject (a) * * * to the provisions of this subpart when (2)(i) The owner or operator of an Subpart BBÐAir Emission Standards operation begins, must comply with the existing facility who cannot install a for Equipment Leaks rules immediately (i.e., must have closed-vent system and control device control devices installed and operating to comply with the provisions of this 7. Section 264.1050 is amended by on startup of the affected unit); the 30- subpart on the effective date that the revising paragraphs (b)(3), (c) and (f) to month implementation schedule does facility becomes subject to the read as follows: not apply.

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(3) The owner or operator of any the valves subject to the requirements in subject to the requirements of 40 CFR facility in existence on the effective date § 264.1057 of this subpart. part 265, subpart CC. of a statutory or EPA regulatory * * * * * * * * * * amendment that renders the facility 10. Section 264.1064 is amended by 12. Section 264.1082 is amended by subject to this subpart shall comply revising paragraphs (g)(6) and (m) to revising paragraphs (b), (c)(2)(ix)(A), with all requirements of this subpart as read as follows: (c)(2)(ix)(B), (c)(3) and (c)(4)(ii) to read soon as practicable but no later than 30 as follows: months after the amendment’s effective § 264.1064 Recordkeeping requirements. date. When control equipment required * * * * * § 264.1082 Standards: General. by this subpart can not be installed and (g) * * * * * * * * begin operation by the effective date of (6) Identification, either by list or (b) The owner or operator shall the amendment, the facility owner or location (area or group) of equipment control air pollutant emissions from operator shall prepare an that contains or contacts hazardous each hazardous waste management unit implementation schedule that includes waste with an organic concentration of in accordance with standards specified the following information: Specific at least 10 percent by weight for less in §§ 264.1084 through 264.1087 of this calendar dates for award or contracts or than 300 hours per calendar year. subpart, as applicable to the hazardous waste management unit, except as issuance of purchase orders for the * * * * * control equipment, initiation of on-site provided for in paragraph (c) of this (m) The owner or operator of a facility installation of the control equipment, section. with equipment that is subject to this completion of the control equipment (c) * * * subpart and to regulations at 40 CFR installation, and performance of any (2) * * * part 60, part 61, or part 63 may elect to testing to demonstrate that the installed (ix) * * * determine compliance with this subpart equipment meets the applicable (A) If Method 25D in 40 CFR part 60, either by documentation pursuant to standards of this subpart. The owner or appendix A is used for the analysis, § 264.1064 of this subpart, or by operator shall enter the implementation one-half the blank value determined in documentation of compliance with the schedule in the operating record or in a the method at section 4.4 of Method 25D regulations at 40 CFR part 60, part 61, permanent, readily available file located in 40 CFR part 60, appendix A, or a or part 63 pursuant to the relevant at the facility. value of 25 ppmw, whichever is less. provisions of the regulations at 40 part (B) If any other analytical method is (4) Owners and operators of facilities 60, part 61, or part 63. The used, one-half the sum of the limits of and units that become newly subject to documentation of compliance under detection established for each organic the requirements of this subpart after regulations at 40 CFR part 60, part 61, constituent in the waste that has a December 8, 1997, due to an action or part 63 shall be kept with or made Henry’s law constant value at least 0.1 other than those described in paragraph readily available with the facility mole-fraction-in-the-gas-phase/mole- (b)(3) of this section must comply with operating record. fraction-in-the-liquid-phase (0.1 Y/X) all applicable requirements immediately [which can also be expressed as 1.8 x (i.e., must have control devices installed Subpart CCÐAir Emission Standards 10¥6 atmospheres/gram-mole/m3] at 25 and operating on the date the facility or for Tanks, Surface Impoundments, and degrees Celsius. unit becomes subject to this subpart; the Containers (3) A tank or surface impoundment 30-month implementation schedule used for biological treatment of does not apply). 11. Section 264.1080 is amended by revising paragraphs (b)(1) and (c) to read hazardous waste in accordance with the 9. Section 264.1062 is amended by as follows: requirements of paragraph (c)(2)(iv) of revising paragraphs (b)(2) and (b)(3) to this section. read as follows: § 264.1080 Applicability. (4) * * * * * * * * (ii) The organic hazardous § 264.1062 Alternative standards for constituents in the waste have been valves in gas/vapor service or in light liquid (b) * * * (1) A waste management unit that treated by the treatment technology service: skip period leak detection and established by the EPA for the waste in repair. holds hazardous waste placed in the 40 CFR 268.42(a), or have been removed * * * * * unit before December 6, 1996, and in which no hazardous waste is added to or destroyed by an equivalent method of (b) * * * the unit on or after December 6, 1996. treatment approved by EPA pursuant to 40 CFR 268.42(b). (2) After two consecutive quarterly * * * * * * * * * * leak detection periods with the (c) For the owner and operator of a 13. Section 264.1083 is amended by percentage of valves leaking equal to or facility subject to this subpart who revising paragraphs (a)(2) and (b)(1) to less than 2 percent, an owner or received a final permit under RCRA read as follows: operator may begin to skip one of the section 3005 prior to December 6, 1996, quarterly leak detection periods (i.e., the requirements of this subpart shall be § 264.1083 Waste determination monitor for leaks once every six incorporated into the permit when the procedures. months) for the valves subject to the permit is reissued in accordance with (a) * * * requirements in § 264.1057 of this the requirements of 40 CFR 124.15 of (2) For a waste determination that is subpart. this chapter or reviewed in accordance required by paragraph (a)(1) of this (3) After five consecutive quarterly with the requirements of 40 CFR section, the average VO concentration of leak detection periods with the 270.50(d) of this chapter. Until such a hazardous waste at the point of waste percentage of valves leaking equal to or date when the permit is reissued in origination shall be determined in less than 2 percent, an owner or accordance with the requirements of 40 accordance with the procedures operator may begin to skip three of the CFR 124.15 or reviewed in accordance specified in 40 CFR 265.1084(a)(2) quarterly leak detection periods (i.e., with the requirements of 40 CFR through (a)(4). monitor for leaks once every year) for 270.50(d), the owner and operator is (b) * * *

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(1) An owner or operator shall (D) * * * vapors managed in the surface perform the applicable waste (4) The total gap area shall be impoundment; the effects of outdoor determinations for each treated calculated by adding the gap surface exposure to wind, moisture, and hazardous waste placed in waste areas determined for each identified gap sunlight; and the operating practices management units exempted under the location for the primary seal and the used for the surface impoundment on provisions of § 264.1082(c)(2)(i) through secondary seal individually, and then which the cover is installed. (c)(2)(vi) of this subpart from using air dividing the sum for each seal type by * * * * * emission controls in accordance with the nominal diameter of the tank. These (2) * * * standards specified in §§ 264.1084 total gap areas for the primary seal and (i) * * * through 264.1087 of this subpart, as secondary seal are then compared to the (B) To remove accumulated sludge or applicable to the waste management respective standards for the seal type as other residues from the bottom of the unit. specified in paragraph (f)(1)(ii) of this surface impoundment. * * * * * section. * * * * * 14. Section 264.1084 is amended by * * * * * (e) * * * revising paragraph (c)(2)(iii) (iii) Prior to each inspection required (2) * * * introductory text and paragraph by paragraph (f)(3)(i) or (f)(3)(ii) of this (iii) The hazardous waste meets the (c)(2)(iii)(B), adding paragraph (e)(4), section, the owner or operator shall requirements of § 264.1082(c)(4) of this revising paragraph (f)(3)(i)(D)(4) and notify the Regional Administrator in subpart. paragraph (f)(3)(iii) itroductory text, advance of each inspection to provide * * * * * adding paragraph (f)(4), and adding the Regional Administrator with the 16. Section 264.1086 is amended by paragraph (j)(2)(iii) to read as follows: opportunity to have an observer present revising paragraphs (c)(2), (c)(4)(i), during the inspection. The owner or § 264.1084 Standards: Tanks. (d)(2), (d)(4)(i), and paragraph (g) operator shall notify the Regional introductory text to read as follows: * * * * * Administrator of the date and location (c) * * * of the inspection as follows: § 264.1086 Standards: Containers. (2) * * * * * * * * * * * * * (iii) Each opening in the fixed roof, (4) Safety devices, as defined in 40 (c) * * * and any manifold system associated CFR 265.1081, may be installed and (2) A container used to meet the with the fixed roof, shall be either: operated as necessary on any tank requirements of paragraph (c)(1)(ii) or * * * * * complying with the requirements of (c)(1)(iii) of this section shall be (B) Connected by a closed-vent system paragraph (f) of this section. equipped with covers and closure that is vented to a control device. The * * * * * devices, as applicable to the container, control device shall remove or destroy (j) * * * that are composed of suitable materials organics in the vent stream, and shall be (2) * * * to minimize exposure of the hazardous operating whenever hazardous waste is (iii) The hazardous waste meets the waste to the atmosphere and to maintain managed in the tank, except as provided requirements of § 264.1082(c)(4) of this the equipment integrity, for as long as for in paragraphs (c)(2)(iii)(B) (1) and (2) subpart. the container is in service. Factors to be considered in selecting the materials of of this section. * * * * * (1) During periods when it is 15. Section 264.1085 is amended by construction and designing the cover necessary to provide access to the tank revising paragraphs (b)(2), (d)(1)(iii), and closure devices shall include: for performing the activities of and (d)(2)(i)(B) and adding paragraph Organic vapor permeability; the effects paragraph (c)(2)(iii)(B)(2) of this section, (e)(2)(iii) to read as follows: of contact with the hazardous waste or venting of the vapor headspace its vapor managed in the container; the underneath the fixed roof to the control § 264.1085 Standards: Surface effects of outdoor exposure of the device is not required, opening of impoundments. closure device or cover material to closure devices is allowed, and removal * * * * * wind, moisture, and sunlight; and the of the fixed roof is allowed. Following (b) * * * operating practices for which the completion of the activity, the owner or (2) A cover that is vented through a container is intended to be used. operator shall promptly secure the closed-vent system to a control device * * * * * closure device in the closed position or in accordance with the provisions (4) * * * reinstall the cover, as applicable, and specified in paragraph (d) of this (i) In the case when a hazardous waste resume operation of the control device. section. already is in the container at the time (2) During periods of routine * * * * * the owner or operator first accepts inspection, maintenance, or other (d) * * * possession of the container at the activities needed for normal operations, (1) * * * facility and the container is not emptied and for removal of accumulated sludge (iii) The cover and its closure devices within 24 hours after the container is or other residues from the bottom of the shall be made of suitable materials that accepted at the facility (i.e., does not tank. will minimize exposure of the meet the conditions for an empty * * * * * hazardous waste to the atmosphere, to container as specified in 40 CFR (e) * * * the extent practical, and will maintain 261.7(b)), the owner or operator shall (4) Safety devices, as defined in 40 the integrity of the cover and closure visually inspect the container and its CFR 265.1081, may be installed and devices throughout their intended cover and closure devices to check for operated as necessary on any tank service life. Factors to be considered visible cracks, holes, gaps, or other open complying with the requirements of when selecting the materials of spaces into the interior of the container paragraph (e) of this section. construction and designing the cover when the cover and closure devices are (f) * * * and closure devices shall include: secured in the closed position. The (3) * * * Organic vapor permeability; the effects container visual inspection shall be (i) * * * of any contact with the liquid or its conducted on or before the date that the

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Air the date the container becomes subject signature that the facility owner or emission control equipment design to the subpart CC container standards). operator enters on Item 20 of the documentation shall be maintained in For purposes of this requirement, the Uniform Hazardous Waste Manifest in the operating record until the air date of acceptance is the date of the appendix to 40 CFR part 262 (EPA emission control equipment is replaced signature that the facility owner or Forms 8700–22 and 8700–22A), as or otherwise no longer in service. operator enters on Item 20 of the required under subpart E of this part, at Information required by paragraphs (i) Uniform Hazardous Waste Manifest in 40 CFR 264.71. If a defect is detected, and (j) of this section shall be the appendix to 40 CFR part 262 (EPA the owner or operator shall repair the maintained in the operating record for Forms 8700–22 and 8700–22A), as defect in accordance with the as long as the waste management unit is required under subpart E of this part, at requirements of paragraph (d)(4)(iii) of not using air emission controls specified 40 CFR 264.71. If a defect is detected, this section. in §§ 264.1084 through 264.1087 of this the owner or operator shall repair the * * * * * subpart in accordance with the defect in accordance with the (g) To determine compliance with the conditions specified in § 264.1080(d) or requirements of paragraph (c)(4)(iii) of no detectable organic emissions § 264.1080(b)(7) of this subpart, this section. requirement of paragraph (d)(1)(ii) of respectively. * * * * * this section, the procedure specified in (b) * * * (d) * * * § 264.1083(d) of this subpart shall be (1) * * * (2) Transfer of hazardous waste in or used. (ii) * * * out of a container using Container Level * * * * * (B) For each defect detected during 2 controls shall be conducted in such a 17. Section 264.1087 is amended by the inspection: The location of the manner as to minimize exposure of the revising paragraphs (c)(3)(ii) and (c)(7) defect, a description of the defect, the hazardous waste to the atmosphere, to to read as follows: date of detection, and corrective action the extent practical, considering the taken to repair the defect. In the event § 264.1087 Standards: Closed-vent that repair of the defect is delayed in physical properties of the hazardous systems and control devices. waste and good engineering and safety accordance with the requirements of practices for handling flammable, * * * * * § 264.1084 of this subpart, the owner or (c) * * * ignitable, explosive, reactive, or other operator shall also record the reason for (3) * * * hazardous materials. Examples of the delay and the date that completion (ii) All carbon that is a hazardous of repair of the defect is expected. container loading procedures that the waste and that is removed from the EPA considers to meet the requirements control device shall be managed in * * * * * of this paragraph include using any one accordance with the requirements of 40 (f) * * * of the following: A submerged-fill pipe CFR 264.1033(n), regardless of the (1) For tanks, surface impoundments, or other submerged-fill method to load average volatile organic concentration of and containers exempted under the liquids into the container; a vapor- the carbon. hazardous waste organic concentration balancing system or a vapor-recovery conditions specified in § 264.1082(c)(1) system to collect and control the vapors * * * * * or §§ 264.1082(c)(2)(i) through (c)(2)(vi) (7) The closed-vent system and displaced from the container during of this subpart, the owner or operator control device shall be inspected and filling operations; or a fitted opening in shall record the information used for monitored by the owner or operator in the top of a container through which the each waste determination (e.g., test accordance with the procedures hazardous waste is filled and results, measurements, calculations, and specified in 40 CFR 264.1033(f)(2) and subsequently purging the transfer line other documentation) in the facility 40 CFR 264.1033(l). The readings from before removing it from the container operating log. If analysis results for each monitoring device required by 40 opening. waste samples are used for the waste CFR 264.1033(f)(2) shall be inspected at determination, then the owner or * * * * * least once each operating day to check operator shall record the date, time, and (4) * * * control device operation. Any necessary location that each waste sample is (i) In the case when a hazardous waste corrective measures shall be collected in accordance with applicable already is in the container at the time immediately implemented to ensure the requirements of § 264.1083 of this the owner or operator first accepts control device is operated in subpart. possession of the container at the compliance with the requirements of facility and the container is not emptied this section. * * * * * within 24 hours after the container is 18. Section 264.1089 is amended by (j) For each hazardous waste accepted at the facility (i.e., does not revising paragraphs (a), (b)(1)(ii)(B), and management unit not using air emission meet the conditions for an empty (f)(1) and adding paragraph (j) to read as controls specified in §§ 264.1084 container as specified in 40 CFR follows: through 264.1087 of this subpart in 261.7(b)), the owner or operator shall accordance with the requirements of visually inspect the container and its § 264.1089 Recordkeeping requirements. § 264.1080(b)(7) of this subpart, the cover and closure devices to check for (a) Each owner or operator of a facility owner and operator shall record and visible cracks, holes, gaps, or other open subject to requirements of this subpart maintain the following information: spaces into the interior of the container shall record and maintain the (1) Certification that the waste when the cover and closure devices are information specified in paragraphs (b) management unit is equipped with and secured in the closed position. The through (j) of this section, as applicable operating air emission controls in container visual inspection shall be to the facility. Except for air emission accordance with the requirements of an conducted on or before the date that the control equipment design applicable Clean Air Act regulation container is accepted at the facility (i.e., documentation and information codified under 40 CFR part 60, part 61, the date the container becomes subject required by paragraphs (i) and (j) of this or part 63. to the subpart CC container standards). section, records required by this section (2) Identification of the specific For purposes of this requirement, the shall be maintained in the operating requirements codified under 40 CFR

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When control equipment required STANDARDS FOR OWNERS AND ‘‘NOTE’’ at the end of paragrpah (b)(3), by this subpart can not be installed and OPERATORS OF HAZARDOUS WASTE and adding paragraph (d), to read as begin operation by the effective date of TREATMENT, STORAGE, AND follows: the amendment, the facility owner or DISPOSAL FACILITIES § 265.1030 Applicability. operator shall prepare an implementation schedule that includes 19. The authority citation for part 265 * * * * * the following information: Specific continues to read as follows: (b) * * * calendar dates for award of contracts or (3) A unit that is exempt from Authority: 42 U.S.C. 6905, 6912(a), 6924, issuance of purchase orders for the permitting under the provisions of 40 6925, and 6935. control equipment, initiation of on-site CFR 262.34(a) (i.e., a ‘‘90-day’’ tank or installation of the control equipment, Subpart BÐGeneral Facility Standards container) and is not a recycling unit completion of the control equipment under the requirements of 40 CFR 261.6. 20. Section 265.15 is amended by installation, and performance of any (d) The requirements of this subpart revising paragraph (b)(4) to read as testing to demonstrate that the installed do not apply to the process vents at a follows: equipment meets the applicable facility where the facility owner or standards of this subpart. The owner or § 265.15 General inspection requirements. operator certifies that all of the process operator shall enter the implementation vents that would otherwise be subject to * * * * * schedule in the operating record or in a this subpart are equipped with and (b) * * * permanent, readily available file located operating air emission controls in (4) The frequency of inspection may at the facility. vary for the items on the schedule. accordance with the process vent (iv) Owners and operators of facilities However, the frequency should be based requirements of an applicable Clean Air and units that become newly subject to on the rate of deterioration of the Act regulation codified under 40 CFR the requirements of this subpart after equipment and the probability of an part 60, part 61, or part 63. The December 8, 1997, due to an action environmental or human health documentation of compliance under other than those described in paragraph incident if the deterioration, regulations at 40 CFR part 60, part 61, (a)(2)(iii) of this section must comply malfunction, or any operator error goes or part 63 shall be kept with, or made with all applicable requirements undetected between inspections. Areas readily available with, the facility immediately (i.e., must have control subject to spills, such as loading and operating record. devices installed and operating on the unloading areas, must be inspected 23. Section 265.1033 is amended by date the facility or unit becomes subject daily when in use. At a minimum, the revising paragraphs (a)(2) and to this subpart; the 30-month inspection schedule must include the (f)(2)(vi)(B) to read as follows: implementation schedule does not items and frequencies called for in § 265.1033 Standards: Closed-vent apply). §§ 265.174, 265.193, 265.195, 265.226, systems and control devices. 265.260, 265.278, 265.304, 265.347, * * * * * (a) * * * 265.377, 265.403, 265.1033, 265.1052, (f) * * * (2)(i) The owner or operator of an 265.1053, 265.1058, and 265.1084 existing facility who cannot install a (2) * * * through 265.1090 of this part, where closed-vent system and control device (vi) * * * applicable. to comply with the provisions of this (B) A temperature monitoring device * * * * * subpart on the effective date that the equipped with a continuous recorder. Subpart EÐManifest System, facility becomes subject to the The device shall be capable of Recordkeeping, and Reporting requirements of this subpart must monitoring temperature with an prepare an implementation schedule accuracy of ±1 percent of the 21. Section 265.73 is amended by that includes dates by which the closed- temperature being monitored in degrees revising paragraph (b)(6), and leaving vent system and control device will be Celsius (°C) or ±0.5 °C, whichever is the ‘‘COMMENT’’ at the end of the installed and in operation. The controls greater. The temperature sensor shall be paragraph, to read as follows: must be installed as soon as possible, installed at a location in the exhaust but the implementation schedule may vent stream from the condenser exit § 265.73 Operating record. allow up to 30 months after the effective (i.e., product side). * * * * * date that the facility becomes subject to * * * * * (b) * * * this subpart for installation and startup. (6) Monitoring, testing or analytical (ii) Any unit that begins operation Subpart BBÐAir Emission Standards data, and corrective action where after December 21, 1990, and is subject for Equipment Leaks required by subpart F of this part and by to the requirements of this subpart when §§ 265.19, 265.90, 265.94, 265.191, operation begins, must comply with the 24. Section 265.1050 is amended by 265.193, 265.195, 265.222, 265.223, rules immediately (i.e., must have revising paragraphs (b)(3) and (e) to read 265.226, 265.255, 265.259, 265.260, control devices installed and operating as follows: 265.276, 265.278, 265.280(d)(1), 265.302 on startup of the affected unit); the 30- § 265.1050 Applicability. through 265.304, 265.347, 265.377, month implementation schedule does 265.1034(c) through 265.1034(f), not apply. * * * * * 265.1035, 265.1063(d) through (iii) The owner or operator of any (b) * * * 265.1063(i), 265.1064, and 265.1083 facility in existence on the effective date (3) A unit that is exempt from through 265.1090 of this part. of a statutory or EPA regulatory permitting under the provisions of 40 * * * * * amendment that renders the facility CFR 262.34(a) (i.e., a ‘‘90-day’’ tank or

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The hours per calendar year is excluded and units that become newly subject to documentation of compliance under from the requirements of §§ 265.1052 the requirements of this subpart after regulation at 40 CFR part 60, part 61, or through 265.1060 of this subpart if it is December 8, 1997 due to an action other part 63 shall be kept with or made identified, as required in than those described in paragraph (b)(3) readily available with the facility § 265.1064(g)(6) of this subpart. of this section must comply with all operating record. * * * * * applicable requirements immediately 25. Section 265.1060 is revised to read (i.e., must have control devices installed Subpart CCÐAir Emission Standards as follows: and operating on the date the facility or for Tanks, Surface Impoundments, and unit becomes subject to this subpart; the Containers § 265.1060 Standards: Closed-vent 30-month implementation schedule systems and control devices. 28. Section 265.1080 is amended by does not apply). revising paragraphs (b)(1) and the (a) Owners and operators of closed- 26. Section 265.1062 is amended by introductory paragraph of (c) to read as vent systems and control devices subject revising paragraphs (b)(2) and (b)(3) to follows: to this subpart shall comply with the read as follows: provisions of § 265.1033 of this part. § 265.1080 Applicability. (b)(1) The owner or operator of an § 265.1062 Alternative standards for existing facility who can not install a valves in gas/vapor service or in light liquid * * * * * closed-vent system and control device service: skip period leak detection and (b) * * * to comply with the provisions of this repair. (1) A waste management unit that subpart on the effective date that the * * * * * holds hazardous waste placed in the facility becomes subject to the (b) * * * unit before December 6, 1996, and in provisions of this subpart must prepare (2) After two consecutive quarterly which no hazardous waste is added to an implementation schedule that leak detection periods with the the unit on or after December 6, 1996. includes dates by which the closed-vent percentage of valves leaking equal to or * * * * * system and control device will be less than 2 percent, an owner or (c) For the owner and operator of a installed and in operation. The controls operator may begin to skip one of the facility subject to this subpart who has must be installed as soon as possible, quarterly leak detection periods (i.e., received a final permit under RCRA but the implementation schedule may monitor for leaks once every six section 3005 prior to December 6, 1996, allow up to 30 months after the effective months) for the valves subject to the the following requirements apply: date that the facility becomes subject to requirements in § 265.1057 of this * * * * * this subpart for installation and startup. subpart. 29. Section 265.1081 is amended by (2) Any units that begin operation (3) After five consecutive quarterly revising the definition of ‘‘In light after December 21, 1990, and are subject leak detection periods with the material service’’ to read as follows: to the provisions of this subpart when percentage of valves leaking equal to or operation begins, must comply with the less than 2 percent, an owner or § 265.1081 Definitions. rules immediately (i.e., must have operator may begin to skip three of the * * * * * control devices installed and operating quarterly leak detection periods (i.e., In light material service means the on startup of the affected unit); the 30- monitor for leaks once every year) for container is used to manage a material month implementation schedule does the valves subject to the requirements in for which both of the following not apply. § 265.1057 of this subpart. conditions apply: The vapor pressure of (3) The owner or operator of any * * * * * one or more of the organic constituents facility in existence on the effective date 27. Section 265.1064 is amended by in the material is greater than 0.3 of a statutory or EPA regulatory revising paragraphs (g)(6) and (m) to kilopascals (kPa) at 20 °C; and the total amendment that renders the facility read as follows: concentration of the pure organic subject to this subpart shall comply constituents having a vapor pressure with all requirements of this subpart as § 265.1064 Recordkeeping requirements. greater than 0.3 kPa at 20 °C is equal to soon as practicable but no later than 30 * * * * * or greater than 20 percent by weight. months after the amendment’s effective (g) * * * * * * * * (6) Identification, either by list or date. When control equipment required 30. Section 265.1082 is revised to read location (area or group) of equipment by this subpart can not be installed and as follows: begin operation by the effective date of that contains or contacts hazardous the amendment, the facility owner or waste with an organic concentration of § 265.1082 Schedule for implementation of operator shall prepare an at least 10 percent by weight for less air emission standards. implementation schedule that includes than 300 hours per calendar year. (a) Owners or operators of facilities the following information: Specific * * * * * existing on December 6, 1996 and calendar dates for award of contracts or (m) The owner or operator of any subject to subparts I, J, and K of this part issuance of purchase orders for the facility with equipment that is subject to shall meet the following requirements: control equipment, initiation of on-site this subpart and to leak detection, (1) Install and begin operation of all installation of the control equipment, monitoring, and repair requirements control equipment or waste completion of the control equipment under regulations at 40 CFR part 60, management units required to comply installation, and performance of any part 61, or part 63 may elect to with this subpart and complete testing to demonstrate that the installed determine compliance with this subpart modifications of production or

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(2) When control equipment or waste and begin operation, or when (c) * * * management units required to comply modifications of production or (2) * * * with this subpart cannot be installed treatment processes to satisfy exemption (i) A process that removes or destroys and in operation or modifications of criteria of § 265.1083(c) of this subpart the organics contained in the hazardous production or treatment processes to cannot be completed by the effective waste to a level such that the average satisfy exemption criteria in accordance date of the amendment, the owner or VO concentration of the hazardous with § 265.1083(c) of this subpart operator shall: waste at the point of waste treatment is cannot be completed by December 6, (i) Install and begin operation of the less than the exit concentration limit 1996, the owner or operator shall: control equipment or waste (Ct) established for the process. The (i) Install and begin operation of the management unit, and complete average VO concentration of the control equipment and waste modification of production or treatment hazardous waste at the point of waste management units, and complete processes as soon as possible but no treatment and the exit concentration modifications of production or later than 30 months after the effective limit for the process shall be determined treatment processes as soon as possible date of the amendment. using the procedures specified in but no later than December 8, 1997. (ii) For facilities subject to the § 265.1084(b) of this subpart. (ii) Prepare an implementation recordkeeping requirements of § 265.73 * * * * * schedule that includes the following of this part, enter and maintain the (ix) * * * information: specific calendar dates for implementation schedule specified in (A) If Method 25D in 40 CFR part 60, award of contracts or issuance of paragraph (a)(2)(ii) of this section in the appendix A is used for the analysis, purchase orders for control equipment, operating record no later than the one-half the blank value determined in waste management units, and effective date of the amendment, or the method at section 4.4 of Method 25D production or treatment process (iii) For facilities not subject to in 40 CFR part 60, appendix A, or a modifications; initiation of on-site § 265.73 of this part, the owner or value of 25 ppmw, whichever is less. installation of control equipment or operator shall enter and maintain the (B) If any other analytical method is waste management units, and implementation schedule specified in used, one-half the sum of the limits of modifications of production or paragraph (a)(2)(ii) of this section in a detection established for each organic treatment processes; completion of permanent, readily available file located constituent in the waste that has a control equipment or waste at the facility site no later than the Henry’s law constant value at least 0.1 management unit installation, and effective date of the amendment. mole-fraction-in-the-gas-phase/mole- production or treatment process (c) Owners and operators of facilities fraction-in-the-liquid-phase (0.1 Y/X) modifications; and performance of and units that become newly subject to [which can also be expressed as 1.8 x testing to demonstrate that the installed the requirements of this subpart after 10¥6 atmospheres/gram-mole/m3] at 25 equipment or waste management units, December 8, 1997 due to an action other degrees Celsius. and modified production or treatment than those described in paragraph (b) of (3) A tank or surface impoundment processes meet the applicable standards this section must comply with all used for biological treatment of of this subpart. applicable requirements immediately hazardous waste in accordance with the (iii) For facilities subject to the (i.e., must have control devices installed requirements of paragraph (c)(2)(iv) of recordkeeping requirements of § 265.73 and operating on the date the facility or this section. of this part, the owner or operator shall unit becomes subject to this subpart; the (4) * * * enter the implementation schedule 30-month implementation schedule (ii) The organic hazardous specified in paragraph (a)(2)(ii) of this does not apply). constituents in the waste have been section in the operating record no later (d) The Regional Administrator may treated by the treatment technology than December 6, 1996. elect to extend the implementation date established by the EPA for the waste in (iv) For facilities not subject to for control equipment at a facility, on a 40 CFR 268.42(a), or have been removed § 265.73 of this part, the owner or case by case basis, to a date later than or destroyed by an equivalent method of operator shall enter the implementation December 8, 1997, when special treatment approved by EPA pursuant to schedule specified in paragraph (a)(2)(ii) circumstances that are beyond the 40 CFR 268.42(b). of this section in a permanent, readily facility owner’s or operator’s control * * * * * available file located at the facility no delay installation or operation of control 32. Section 265.1084 is amended by later than December 6, 1996. equipment, and the owner or operator adding paragraphs (a)(3)(v) and (b)(3)(v) (b) Owners or operators of facilities has made all reasonable and prudent and by revising paragraphs (a)(2), and units in existence on the effective attempts to comply with the (a)(3)(ii)(B), (a)(3)(iii) introductory text, date of a statutory or EPA regulatory requirements of this subpart. (a)(3)(iii)(A), (a)(3)(iii)(F) introductory amendment that renders the facility 31. Section 265.1083 is amended by text, (a)(3)(iii)(G), (a)(3)(iii)(G)(1), subject to subparts I, J, or K of this part revising paragraphs (b), (c)(2)(i), (a)(3)(iv), (a)(4)(iv), (b)(1), (b)(3)(ii)(B), shall meet the following requirements: (c)(2)(ix)(A), (c)(2)(ix)(B), (c)(3), and (b)(3)(iii) introductory text, (b)(3)(iii)(F) (1) Install and begin operation of (c)(4)(ii) to read as follows: introductory text, (b)(3)(iii)(G) control equipment or waste introductory text, (b)(3)(iv), (b)(8)(iii), § 265.1083 Standards: General. management units required to comply (b)(9)(iv), and (d)(5)(ii) to read as with this subpart, and complete * * * * * follows: modifications of production or (b) The owner or operator shall treatment processes to satisfy exemption control air pollutant emissions from § 265.1084 Waste determination criteria of § 265.1083(c) of this subpart each hazardous waste management unit procedures. by the effective date of the amendment, in accordance with standards specified (a)* * *

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(2) For a waste determination that is waste with Henry’s law constant values Quality Planning and Standards, required by paragraph (a)(1) of this at least 0.1 mole-fraction-in-the-gas- Research Triangle Park, NC 27711. section, the average VO concentration of phase/mole-fraction-in-the-liquid-phase (A) Method 25D in 40 CFR part 60, a hazardous waste at the point of waste (0.1 Y/X) [which can also be expressed appendix A. ¥6 origination shall be determined using as 1.8 x 10 atmospheres/gram-mole/ * * * * * 3 either direct measurement as specified m ] at 25 degrees Celsius. Each of the (F) Method 8260 in ‘‘Test Methods for in paragraph (a)(3) of this section or by analytical methods listed in paragraphs Evaluating Solid Waste, Physical/ knowledge as specified in paragraph (a)(3)(iii)(B) through (a)(3)(iii)(G) of this Chemical Methods,’’ EPA Publication (a)(4) of this section. section has an associated list of SW–846 (incorporated by reference— (3) * * * approved chemical compounds, for refer to § 260.11(a) of this chapter). (ii) * * * which EPA considers the method Maintain a formal quality assurance (B) A sufficient number of samples, appropriate for measurement. If an program consistent with the but no less than four samples, shall be owner or operator uses Method 624, requirements of Method 8260. The collected and analyzed for a hazardous 625, 1624, or 1625 in 40 CFR part 136, quality assurance program shall include waste determination. The average of the appendix A to analyze one or more the following elements: four or more sample results constitutes compounds that are not on that a waste determination for the waste method’s published list, the Alternative * * * * * stream. One or more waste Test Procedure contained in 40 CFR (G) Method 8270 in ‘‘Test Methods for determinations may be required to 136.4 and 136.5 must be followed. If an Evaluating Solid Waste, Physical/ represent the complete range of waste owner or operator uses EPA Method Chemical Methods,’’ EPA Publication compositions and quantities that occur 8260 or 8270 in ‘‘Test Methods for SW–846 (incorporated by reference— during the entire averaging period due Evaluating Solid Waste, Physical/ refer to § 260.11(a) of this chapter). to normal variations in the operating Chemical Methods,’’ EPA Publication Maintain a formal quality assurance conditions for the source or process SW–846, (incorporated by reference— program consistent with the generating the hazardous waste stream. refer to § 260.11(a) of this chapter) to requirements of Method 8270. The Examples of such normal variations are analyze one or more compounds that are quality assurance program shall include seasonal variations in waste quantity or not on that method’s published list, the the following elements: fluctuations in ambient temperature. procedures in paragraph (a)(3)(iii)(H) of (1) Documentation of site-specific * * * * * this section must be followed. At the procedures to minimize the loss of (iii) Analysis. Each collected sample owner or operator’s discretion, the compounds due to volatilization, shall be prepared and analyzed in concentration of each individual biodegradation, reaction, or sorption accordance with one or more of the chemical constituent measured in the during the sample collection, storage, methods listed in paragraphs waste by a method other than Method preparation, introduction, and analysis (a)(3)(iii)(A) through (a)(3)(iii)(I) of this 25D may be corrected to the steps. section, including appropriate quality concentration had it been measured * * * * * assurance and quality control (QA/QC) using Method 25D by multiplying the (iv) Calculations. checks and use of target compounds for measured concentration by the (A) The average VO concentration (C˜ ) calibration. If Method 25D in 40 CFR constituent-specific adjustment factor on a mass-weighted basis shall be part 60, appendix A is not used, then (fm25D) as specified in paragraph calculated by using the results for all one or more methods should be chosen (a)(4)(iii) of this section. Constituent- waste determinations conducted in that are appropriate to ensure that the specific adjustment factors (fm25D) can accordance with paragraphs (a)(3) (ii) waste determination accounts for and be obtained by contacting the Waste and and (iii) of this section and the reflects all organic compounds in the Chemical Processes Group, Office of Air following equation:

η =1 × × C ∑()QCi i QT i=1 where: requirements of paragraph (a)(3)(iii) (2) If any other analytical method is C˜ = Average VO concentration of the of this section (i.e. the average of used, one-half the sum of the limits of hazardous waste at the point of the four or more samples specified detection established for each organic waste origination on a mass- in paragraph (a)(3)(ii)(B) of this constituent in the waste that has a weighted basis, ppmw. section), ppmw. Henry’s law constant values at least 0.1 i = Individual waste determination ‘‘i’’ (B) For the purpose of determining Ci, mole-fraction-in-the-gas-phase/mole- of the hazardous waste. for individual waste samples analyzed fraction-in-the-liquid-phase (0.1 Y/X) n = Total number of waste in accordance with paragraph (a)(3)(iii) [which can also be expressed as 1.8 x determinations of the hazardous of this section, the owner or operator 10¥6 atmospheres/gram-mole/m3] at 25 waste conducted for the averaging shall account for VO concentrations degrees Celsius. period (not to exceed 1 year). determined to be below the limit of (v) Provided that the test method is Qi = Mass quantity of hazardous waste detection of the analytical method by stream represented by Ci, kg/hr. appropriate for the waste as required using the following VO concentration: QT = Total mass quantity of hazardous under paragraph (a)(3)(iii) of this waste during the averaging period, (1) If Method 25D in 40 CFR part 60, section, the EPA will determine kg/hr. Appendix A is used for the analysis, compliance based on the test method Ci = Measured VO concentration of one-half the blank value determined in used by the owner or operator as waste determination ‘‘i’’ as the method at section 4.4 of Method 25D recorded pursuant to § 265.1090(f)(1) of determined in accordance with the in 40 CFR part 60, appendix A. this subpart.

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(4) * * * seasonal variations in waste quantity or Chemical Methods,’’ EPA Publication (iv) In the event that the Regional fluctuations in ambient temperature. SW–846, (incorporated by reference— Administrator and the owner or * * * * * refer to § 260.11(a) of this chapter) to operator disagree on a determination of (iii) Analysis. Each collected sample analyze one or more compounds that are the average VO concentration for a shall be prepared and analyzed in not on that method’s published list, the hazardous waste stream using accordance with one or more of the procedures in paragraph (b)(3)(iii)(H) of knowledge, then the results from a methods listed in paragraphs this section must be followed. At the determination of average VO (b)(3)(iii)(A) through (b)(3)(iii)(I) of this owner or operator’s discretion, the concentration using direct measurement section, including appropriate quality concentration of each individual as specified in paragraph (a)(3) of this assurance and quality control (QA/QC) chemical constituent measured in the section shall be used to establish checks and use of target compounds for waste by a method other than Method compliance with the applicable calibration. When the owner or operator 25D may be corrected to the requirements of this subpart. The is making a waste determination for a concentration had it been measured Regional Administrator may perform or treated hazardous waste that is to be using Method 25D by multiplying the request that the owner or operator compared to an average VO measured concentration by the perform this determination using direct concentration at the point of waste constituent-specific adjustment factor measurement. The owner or operator origination or the point of waste entry (fm25D) as specified in paragraph may choose one or more appropriate to the treatment system, to determine if (b)(4)(iii) of this section. Constituent- methods to analyze each collected the conditions of § 264.1082(c)(2)(i) specific adjustment factors (fm25D) can sample in accordance with the through (c)(2)(vi) of this part, or be obtained by contacting the Waste and requirements of paragraph (a)(3)(iii) of § 265.1083(c)(2)(i) through (c)(2)(vi) of Chemical Processes Group, Office of Air this section. this subpart are met, then the waste Quality Planning and Standards, samples shall be prepared and analyzed Research Triangle Park, NC 27711. (b) * * * using the same method or methods as * * * * * (1) An owner or operator shall were used in making the initial waste perform the applicable waste determinations at the point of waste (F) Method 8260 in ‘‘Test Methods for determination for each treated origination or at the point of entry to the Evaluating Solid Waste, Physical/ hazardous waste placed in a waste treatment system. If Method 25D in 40 Chemical Methods,’’ EPA Publication management unit exempted under the CFR part 60, appendix A is not used, SW–846 (incorporated by reference— provisions of § 265.1083 (c)(2)(i) then one or more methods should be refer to § 260.11(a) of this chapter). through (c)(2)(vi) of this subpart from chosen that are appropriate to ensure Maintain a formal quality assurance using air emission controls in that the waste determination accounts program consistent with the accordance with standards specified in for and reflects all organic compounds requirements of Method 8260. The §§ 265.1085 through 265.1088 of this in the waste with Henry’s law constant quality assurance program shall include subpart, as applicable to the waste values at least 0.1 mole-fraction-in-the- the following elements: management unit. gas-phase/mole-fraction-in-the-liquid- * * * * * * * * * * phase (0.1 Y/X) [which can also be (G) Method 8270 in ‘‘Test Methods for 6 (3) * * * expressed as 1.8 x 10– atmospheres/ Evaluating Solid Waste, Physical/ gram-mole/m3] at 25 degrees Celsius. (ii) * * * Chemical Methods,’’ EPA Publication Each of the analytical methods listed in SW–846 (incorporated by reference— (B) A sufficient number of samples, paragraphs (b)(3)(iii)(B) through refer to § 260.11(a) of this chapter). but no less than four samples, shall be (b)(3)(iii)(G) of this section has an Maintain a formal quality assurance collected and analyzed for a hazardous associated list of approved chemical program consistent with the waste determination. The average of the compounds, for which EPA considers requirements of Method 8270. The four or more sample results constitutes the method appropriate for quality assurance program shall include a waste determination for the waste measurement. If an owner or operator the following elements: stream. One or more waste uses Method 624, 625, 1624, or 1625 in determinations may be required to 40 CFR part 136, appendix A to analyze * * * * * represent the complete range of waste one or more compounds that are not on (iv) Calculations. The average VO compositions and quantities that occur that method’s published list, the concentration (C¯ ) on a mass-weighted during the entire averaging period due Alternative Test Procedure contained in basis shall be calculated by using the to normal variations in the operating 40 CFR 136.4 and 136.5 must be results for all waste determinations conditions for the source or process followed. If an owner or operator uses conducted in accordance with generating the hazardous waste stream. Method 8260 or 8270 in ‘‘Test Methods paragraphs (b)(3)(ii) and (iii) of this Examples of such normal variations are for Evaluating Solid Waste, Physical/ section and the following equation:

η =1 × × C ∑()QCi i QT i=1

where: n=Total number of waste QT=Total mass quantity of hazardous C¯ =Average VO concentration of the determinations of the hazardous waste during the averaging period, hazardous waste at the point of waste conducted for the averaging kg/hr. waste treatment on a mass-weighted period (not to exceed 1 year). Ci=Measured VO concentration of waste basis, ppmw. determination ‘‘i’’ as determined in Qi=Mass quantity of hazardous waste i=Individual waste determination ‘‘i’’ of accordance with the requirements stream represented by Ci, kg/hr. the hazardous waste. of paragraph (b)(3)(iii) of this

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section (i.e. the average of the four paragraph (f)(4), and adding paragraph complying with the requirements of or more samples specified in (j)(2)(iii) to read as follows: paragraph (f) of this section. paragraph (b)(3)(ii)(B) of this § 265.1085 Standards: Tanks. * * * * * section), ppmw. (j) * * * (v) Provided that the test method is * * * * * (2) * * * appropriate for the waste as required (c) * * * (iii) The hazardous waste meets the under paragraph (b)(3)(iii) of this (2) * * * requirements of § 265.1083(c)(4) of this section, compliance shall be determined (iii) Each opening in the fixed roof, subpart. based on the test method used by the and any manifold system associated * * * * * owner or operator as recorded pursuant with the fixed roof, shall be either: 34. Section 265.1086 is amended by to § 265.1090(f)(1) of this subpart. * * * * * revising paragraphs (b)(2), (d)(1)(iii), * * * * * (B) Connected by a closed-vent system and (d)(2)(i)(B) and adding paragraph (8) * * * that is vented to a control device. The (e)(2)(iii) to read as follows: (iii) The MR shall be calculated by control device shall remove or destroy using the mass flow rate determined in § 265.1086 Standards: Surface organics in the vent stream, and shall be impoundments. accordance with the requirements of operating whenever hazardous waste is * * * * * paragraph (b)(8)(ii) of this section and managed in the tank, except as provided the following equation: (b) * * * for in paragraphs (c)(2)(iii)(B)(1) and (2) (2) A cover that is vented through a MR=Eb¥Ea of this section. closed-vent system to a control device Where: (1) During periods it is necessary to in accordance with the requirements MR=Actual organic mass removal rate, provide access to the tank for specified in paragraph (d) of this kg/hr. performing the activities of paragraph section. Eb=Waste volatile organic mass flow (c)(2)(iii)(B)(2) of this section, venting of * * * * * entering process as determined in the vapor headspace underneath the (d) * * * accordance with the requirements fixed roof to the control device is not (1) * * * of paragraph (b)(5)(iv) of this required, opening of closure devices is (iii) The cover and its closure devices section, kg/hr. allowed, and removal of the fixed roof shall be made of suitable materials that Ea=Waste volatile organic mass flow is allowed. Following completion of the will minimize exposure of the exiting process as determined in activity, the owner or operator shall hazardous waste to the atmosphere, to accordance with the requirements promptly secure the closure device in the extent practical, and will maintain of paragraph (b)(5)(iv) of this the closed position or reinstall the the integrity of the cover and closure section, kg/hr. cover, as applicable, and resume devices throughout their intended * * * * * operation of the control device. service life. Factors to be considered (9) * * * (2) During periods of routine when selecting the materials of (iv) The MRbio shall be calculated by inspection, maintenance, or other construction and designing the cover using the mass flow rates and fraction activities needed for normal operations, and closure devices shall include: of organic biodegraded determined in and for the removal of accumulated Organic vapor permeability; the effects accordance with the requirements of sludge or other residues from the bottom of any contact with the liquid or its paragraphs (b)(9)(ii) and (b)(9)(iii) of this of the tank. vapors managed in the surface section, respectively, and the following * * * * * impoundment; the effects of outdoor equation: (e) * * * exposure to wind, moisture, and MRbio=Eb×Fbio (4) Safety devices, as defined in sunlight; and the operating practices Where: § 265.1081 of this subpart, may be used for the surface impoundment on installed and operated as necessary on which the cover is installed. MRbio=Actual organic mass biodegradation rate, kg/hr. any tank complying with the * * * * * Eb=Waste organic mass flow entering requirements of paragraph (e) of this (2) * * * process as determined in section. (i) * * * accordance with the requirements (f) * * * (B) To remove accumulated sludge or of paragraph (b)(5)(iv) of this (3) * * * other residues from the bottom of the section, kg/hr. (i) * * * surface impoundment. Fbio=Fraction of organic biodegraded as (D) * * * * * * * * determined in accordance with the (4) The total gap area shall be (e) * * * requirements of paragraph (b)(9)(iii) calculated by adding the gap surface (2) * * * (iii) The hazardous waste meets the of this section. areas determined for each identified gap requirements of § 265.1083(c)(4) of this location for the primary seal and the * * * * * subpart. (d) * * * secondary seal individually, and then (5) * * * dividing the sum for each seal type by * * * * * (ii) A mixture of methane or n-hexane the nominal diameter of the tank. These 35. Section 265.1087 is amended by and air at a concentration of total gap areas for the primary seal and revising paragraphs (c)(4)(i), (d)(4)(i), approximately, but less than, 10,000 secondary seal are then compared to the and the introductory text of paragraph ppmv methane or n-hexane. respective standards for the seal type as (g) to read as follows: * * * * * specified in paragraph (f)(1)(ii) of this § 265.1087 Standards: Containers. section. 33. Section 265.1085 is amended by * * * * * revising the introductory text of * * * * * (c) * * * paragraph (c)(2)(iii), revising (4) Safety devices, as defined in 40 (4) * * * (c)(2)(iii)(B), adding paragraph (e)(4), CFR 265.1081, may be installed and (i) In the case when a hazardous waste revising paragraph (f)(3)(i)(D)(4), adding operated as necessary on any tank already is in the container at the time

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Section 265.1088 is amended by (B) For each defect detected during spaces into the interior of the container revising paragraphs (c)(3)(ii) and (c)(7) the inspection: The location of the when the cover and closure devices are to read as follows: defect, a description of the defect, the secured in the closed position. The § 265.1088 Standards: Closed-vent date of detection, and corrective action container visual inspection shall be systems and control devices. taken to repair the defect. In the event conducted on or before the date that the * * * * * that repair of the defect is delayed in container is accepted at the facility (i.e., (c) * * * accordance with the provisions of the date the container becomes subject (3) * * * § 265.1085 of this subpart, the owner or to the subpart CC container standards). (ii) All carbon that is a hazardous operator shall also record the reason for For purposes of this requirement, the waste and that is removed from the the delay and the date that completion date of acceptance is the date of control device shall be managed in of repair of the defect is expected. signature that the facility owner or accordance with the requirements of 40 * * * * * operator enters on Item 20 of the CFR 265.1033(m), regardless of the (f) * * * Uniform Hazardous Waste Manifest in average volatile organic concentration of the appendix to 40 CFR part 262 (EPA the carbon. (1) For tanks, surface impoundments, Forms 8700–22 and 8700–22A), as * * * * * or containers exempted under the required under subpart E of this part, at (7) The closed-vent system and hazardous waste organic concentration 40 CFR 265.71. If a defect is detected, control device shall be inspected and conditions specified in § 265.1083(c)(1) the owner or operator shall repair the monitored by the owner or operator in or § 265.1084(c)(2)(i) through (c)(2)(vi) defect in accordance with the accordance with the procedures of this subpart, the owner or operator requirements of paragraph (c)(4)(iii) of specified in 40 CFR 265.1033(f)(2) and shall record the information used for this section. 40 CFR 265.1033(k). The readings from each waste determination (e.g., test results, measurements, calculations, and * * * * * each monitoring device required by 40 CFR 265.1033(f)(2) shall be inspected at other documentation) in the facility (d) * * * least once each operating day to check operating log. If analysis results for (4) * * * control device operation. Any necessary waste samples are used for the waste determination, then the owner or (i) In the case when a hazardous waste corrective measures shall be operator shall record the date, time, and already is in the container at the time immediately implemented to ensure the location that each waste sample is the owner or operator first accepts control device is operated in collected in accordance with applicable possession of the container at the compliance with the requirements of this section. requirements of § 265.1084 of this facility and the container is not emptied subpart. within 24 hours after the container is 37. Section 265.1090 is amended by revising paragraphs (a), (b)(1)(ii)(B), and accepted at the facility (i.e., does not * * * * * (f)(1) and adding paragraph (j) to read as meet the conditions for an empty (j) For each hazardous waste follows: container as specified in 40 CFR management unit not using air emission 261.7(b)), the owner or operator shall § 265.1090 Recordkeeping requirements. controls specified in §§ 265.1085 visually inspect the container and its (a) Each owner or operator of a facility through 265.1088 of this subpart in cover and closure devices to check for subject to requirements in this subpart accordance with the provisions of visible cracks, holes, gaps, or other open shall record and maintain the § 265.1080(b)(7) of this subpart, the spaces into the interior of the container information specified in paragraphs (b) owner and operator shall record and when the cover and closure devices are through (j) of this section, as applicable maintain the following information: secured in the closed position. The to the facility. Except for air emission (1) Certification that the waste container visual inspection shall be control equipment design management unit is equipped with and conducted on or before the date that the documentation and information operating air emission controls in container is accepted at the facility (i.e., required by paragraphs (i) and (j) of this accordance with the requirements of an the date the container becomes subject section, records required by this section applicable Clean Air Act regulation to the subpart CC container standards). shall be maintained in the operating codified under 40 CFR part 60, part 61, For purposes of this requirement, the record for a minimum of 3 years. Air or part 63. date of acceptance is the date of emission control equipment design (2) Identification of the specific signature that the facility owner or documentation shall be maintained in requirements codified under 40 CFR operator enters on Item 20 of the the operating record until the air part 60, part 61, or part 63 with which Uniform Hazardous Waste Manifest in emission control equipment is replaced the waste management unit is in the appendix to 40 CFR part 262 (EPA or otherwise no longer in service. compliance. Forms 8700–22 and 8700–22A), as Information required by paragraphs (i) required under subpart E of this part, at and (j) of this section shall be * * * * * § 265.71. If a defect is detected, the maintained in the operating record for 38. Part 265, Appendix VI is revised owner or operator shall repair the defect as long as the waste management unit is to read as follows:

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Appendix VI to Part 265—Compounds With Henry’s Law Constant Less Than 0.1 Y/X

Compound name CAS No.

Acetaldol ...... 107±89±1 Acetamide ...... 60±35±5 2-Acetylaminofluorene ...... 53±96±3 3-Acetyl-5-hydroxypiperidine. 3-Acetylpiperidine ...... 618±42±8 1-Acetyl-2-thiourea ...... 591±08±2 Acrylamide ...... 79±06±1 Acrylic acid ...... 79±10±7 Adenine ...... 73±24±5 Adipic acid ...... 124±04±9 Adiponitrile ...... 111±69±3 Alachlor ...... 15972±60±8 Aldicarb ...... 116±06±3 Ametryn ...... 834±12±8 4-Aminobiphenyl ...... 92±67±1 4-Aminopyridine ...... 504±24±5 Aniline ...... 62±53±3 o-Anisidine ...... 90±04±0 Anthraquinone ...... 84±65±1 Atrazine ...... 1912±24±9 Benzenearsonic acid ...... 98±05±5 Benzenesulfonic acid ...... 98±11±3 Benzidine ...... 92±87±5 Benzo(a)anthracene ...... 56±55±3 Benzo(k)fluoranthene ...... 207±08±9 Benzoic acid ...... 65±85±0 Benzo(g,h,i)perylene ...... 191±24±2 Benzo(a)pyrene ...... 50±32±8 Benzyl alcohol ...... 100±51±6 gamma-BHC ...... 58±89±9 Bis(2-ethylhexyl)phthalate ...... 117±81±7 Bromochloromethyl acetate. Bromoxynil ...... 1689±84±5 Butyric acid ...... 107±92±6 Caprolactam (hexahydro-2H-azepin-2-one) ...... 105±60±2 Catechol (o-dihydroxybenzene) ...... 120±80±9 Cellulose ...... 9004±34±6 Cell wall. Chlorhydrin (3-Chloro-1,2-propanediol) ...... 96±24±2 Chloroacetic acid ...... 79±11±8 2-Chloroacetophenone ...... 93±76±5 p-Chloroaniline ...... 106±47±8 p-Chlorobenzophenone ...... 134±85±0 Chlorobenzilate ...... 510±15±6 p-Chloro-m-cresol (6-chloro-m-cresol) ...... 59±50±7 3-Chloro-2,5-diketopyrrolidine. Chloro-1,2-ethane diol. 4-Chlorophenol ...... 106±48±9 Chlorophenol polymers (2-chlorophenol & 4-chlorophenol) ...... 95±57±8 & 106±48±9 1-(o-Chlorophenyl)thiourea ...... 5344±82±1 Chrysene ...... 218±01±9 Citric acid ...... 77±92±9 Creosote ...... 8001±58±9 m-Cresol ...... 108±39±4 o-Cresol ...... 95±48±7 p-Cresol ...... 106±44±5 Cresol (mixed isomers) ...... 1319±77±3 4-Cumylphenol ...... 27576±86 Cyanide ...... 57±12±5 4-Cyanomethyl benzoate. Diazinon ...... 333±41±5 Dibenzo(a,h)anthracene ...... 53±70±3 Dibutylphthalate ...... 84±74±2 2,5-Dichloroaniline (N,N'-dichloroaniline) ...... 95±82±9 2,6-Dichlorobenzonitrile11 ...... 1194±65±6 2,6-Dichloro-4-nitroaniline ...... 99±30±9 2,5-Dichlorophenol ...... 333±41±5 3,4-Dichlorotetrahydrofuran ...... 3511±19 Dichlorvos (DDVP) ...... 62737 Diethanolamine ...... 111±42±2 N,N-Diethylaniline ...... 91±66±7

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Compound name CAS No.

Diethylene glycol ...... 111±46±6 Diethylene glycol dimethyl ether (dimethyl Carbitol) ...... 111±96±6 Diethylene glycol monobutyl ether (butyl Carbitol) ...... 112±34±5 Diethylene glycol monoethyl ether acetate (Carbitol acetate) ...... 112±15±2 Diethylene glycol monoethyl ether (Carbitol Cellosolve) ...... 111±90±0 Diethylene glycol monomethyl ether (methyl Carbitol) ...... 111±77±3 N,N'-Diethylhydrazine ...... 1615±80±1 Diethyl (4-methylumbelliferyl) thionophosphate ...... 299±45±6 Diethyl phosphorothioate ...... 126±75±0 N,N'-Diethylpropionamide ...... 15299±99±7 Dimethoate ...... 60±51±5 2,3-Dimethoxystrychnidin-10-one ...... 357±57±3 4-Dimethylaminoazobenzene ...... 60±11±7 7,12-Dimethylbenz(a)anthracene ...... 57±97±6 3,3-Dimethylbenzidine ...... 119±93±7 Dimethylcarbamoyl chloride ...... 79±44±7 Dimethyldisulfide ...... 624±92±0 Dimethylformamide ...... 68±12±2 1,1-Dimethylhydrazine ...... 57±14±7 Dimethylphthalate ...... 131±11±3 Dimethylsulfone ...... 67±71±0 Dimethylsulfoxide ...... 67±68±5 4,6-Dinitro-o-cresol ...... 534±52±1 1,2-Diphenylhydrazine ...... 122±66±7 Dipropylene glycol (1,1'-oxydi-2-propanol) ...... 110±98±5 Endrin ...... 72±20±8 Epinephrine ...... 51±43±4 mono-Ethanolamine ...... 141±43±5 Ethyl carbamate (urethane) ...... 5±17±96 Ethylene glycol ...... 107±21±1 Ethylene glycol monobutyl ether (butyl Cellosolve) ...... 111±76±2 Ethylene glycol monoethyl ether (Cellosolve) ...... 110±80±5 Ethylene glycol monoethyl ether acetate (Cellosolve acetate) ...... 111±15±9 Ethylene glycol monomethyl ether (methyl Cellosolve) ...... 109±86±4 Ethylene glycol monophenyl ether (phenyl Cellosolve) ...... 122±99±6 Ethylene glycol monopropyl ether (propyl Cellosolve) ...... 2807±30±9 Ethylene thiourea (2-imidazolidinethione) ...... 9±64±57 4-Ethylmorpholine ...... 100±74±3 3-Ethylphenol ...... 620±17±7 Fluoroacetic acid, sodium salt ...... 62±74±8 Formaldehyde ...... 50±00±0 Formamide ...... 75±12±7 Formic acid ...... 64±18±6 Fumaric acid ...... 110±17±8 Glutaric acid ...... 110±94±1 Glycerin (Glycerol) ...... 56±81±5 Glycidol ...... 556±52±5 Glycinamide ...... 598±41±4 Glyphosate ...... 1071±83±6 Guthion ...... 86±50±0 Hexamethylene-1,6-diisocyanate (1,6-diisocyanatohexane) ...... 822±06±0 Hexamethyl phosphoramide ...... 680±31±9 Hexanoic acid ...... 142±62±1 Hydrazine ...... 302±01±2 Hydrocyanic acid ...... 74±90±8 Hydroquinone ...... 123±31±9 Hydroxy-2-propionitrile (hydracrylonitrile) ...... 109±78±4 Indeno (1,2,3-cd) pyrene ...... 193±39±5 Lead acetate ...... 301±04±2 Lead subacetate (lead acetate, monobasic) ...... 1335±32±6 Leucine ...... 61±90±5 Malathion ...... 121±75±5 Maleic acid ...... 110±16±7 Maleic anhydride ...... 108±31±6 Mesityl oxide ...... 141±79±7 Methane sulfonic acid ...... 75±75±2 Methomyl ...... 16752±77±5 p-Methoxyphenol ...... 150±76±5 Methyl acrylate ...... 96±33±3 4,4'-Methylene-bis-(2-chloroaniline) ...... 101±14±4 4,4'-Methylenediphenyl diisocyanate (diphenyl methane diisocyanate) ...... 101±68±8 4,4'-Methylenedianiline ...... 101±77±9 Methylene diphenylamine (MDA). 5-Methylfurfural ...... 620±02±0

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Compound name CAS No.

Methylhydrazine ...... 60±34±4 Methyliminoacetic acid. Methyl methane sulfonate ...... 66±27±3 1-Methyl-2-methoxyaziridine. Methylparathion ...... 298±00±0 Methyl sulfuric acid (sulfuric acid, dimethyl ester) ...... 77±78±1 4-Methylthiophenol ...... 106±45±6 Monomethylformamide (N-methylformamide) ...... 123±39±7 Nabam ...... 142±59±6 alpha-Naphthol ...... 90±15±3 beta-Naphthol ...... 135±19±3 alpha-Naphthylamine ...... 134±32±7 beta-Naphthylamine ...... 91±59±8 Neopentyl glycol (dimethylolpropane) ...... 126±30±7 Niacinamide ...... 98±92±0 o-Nitroaniline ...... 88±74±4 Nitroglycerin ...... 55±63±0 2-Nitrophenol ...... 88±75±5 4-Nitrophenol ...... 100±02±7 N-Nitrosodimethylamine ...... 62±75±9 Nitrosoguanidine ...... 674±81±7 N-Nitroso-n-methylurea ...... 684±93±5 N-Nitrosomorpholine (4-nitrosomorpholine) ...... 59±89±2 Oxalic acid ...... 144±62±7 Parathion ...... 56±38±2 Pentaerythritol ...... 115±77±5 Phenacetin ...... 62±44±2 Phenol ...... 108±95±2 Phenylacetic acid ...... 103±82±2 m-Phenylene diamine ...... 108±45±2 o-Phenylene diamine ...... 95±54±5 p-Phenylene diamine ...... 106±50±3 Phenyl mercuric acetate ...... 62±38±4 Phorate ...... 298±02±2 Phthalic anhydride ...... 85±44±9 alpha-Picoline (2-methyl pyridine) ...... 109±06±8 1,3-Propane sulfone ...... 1120±71±4 beta-Propiolactone ...... 57±57±8 Proporur (Baygon). Propylene glycol ...... 57±55±6 Pyrene ...... 129±00±0 Pyridinium bromide ...... 39416±48±3 Quinoline ...... 91±22±5 Quinone (p-benzoquinone) ...... 106±51±4 Resorcinol ...... 108±46±3 Simazine ...... 122±34±9 Sodium acetate ...... 127±09±3 Sodium formate ...... 141±53±7 Strychnine ...... 57±24±9 Succinic acid ...... 110±15±6 Succinimide ...... 123±56±8 Sulfanilic acid ...... 121±47±1 Terephthalic acid ...... 100±21±0 Tetraethyldithiopyrophosphate ...... 3689±24±5 Tetraethylenepentamine ...... 112±57±2 Thiofanox ...... 39196±18±4 Thiosemicarbazide ...... 79±19±6 2,4-Toluenediamine ...... 95±80±7 2,6-Toluenediamine ...... 823±40±5 3,4-Toluenediamine ...... 496±72±0 2,4-Toluene diisocyanate ...... 584±84±9 p-Toluic acid ...... 99±94±5 m-Toluidine ...... 108±44±1 1,1,2-Trichloro-1,2,2-trifluoroethane ...... 76±13±1 Triethanolamine ...... 102±71±6 Triethylene glycol dimethyl ether. Tripropylene glycol ...... 24800±44±0 Warfarin ...... 81±81±2 3,4-Xylenol (3,4-dimethylphenol) ...... 95±65±8

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PART 270ÐEPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM 39. The authority citation for part 270 continues to read as follows: Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974. Subpart BÐPermit Application 40. Section 270.14 is amended by revising paragraph (b)(5) to read as follows: § 270.14 Contents of part B: General requirements. * * * * * (b) * * * (5) A copy of the general inspection schedule required by § 264.15(b) of this part. Include where applicable, as part of the inspection schedule, specific requirements in §§ 264.174, 264.193(i), 264.195, 264.226, 264.254, 264.273, 264.303, 264.602, 264.1033, 264.1052, 264.1053, 264.1058, 264.1084, 264.1085, 264.1086, and 264.1088 of this part. * * * * * [FR Doc. 97–31792 Filed 12–5–97; 8:45 am] BILLING CODE 6560±50±P

VerDate 02-DEC-97 19:12 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 E:\FR\FM\P08DE0.PT2 08der2 federal register December 8,1997 Monday Notice Educational OpportunityGrantPrograms; Study, andFederalSupplemental Federal PerkinsLoan,Work- Office ofPostsecondaryEducation; Education Department of Part III 64673 64674 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

DEPARTMENT OF EDUCATION following: (1) A legibly dated U.S. (1) An institution that has not been Postal Service postmark; (2) a legible designated as an eligible institution by [CFDA Nos.: 84.038, 84.033, and 84.007] mail receipt with the date of mailing the Secretary but has previously filed a Office of Postsecondary Education; stamped by the U.S. Postal Service; (3) FISAP; or Federal Perkins Loan, Federal Work- a dated shipping label, invoice or (2) An additional location of an Study, and Federal Supplemental receipt from a commercial carrier; or (4) eligible institution that is currently not Educational Opportunity Grant any other proof of mailing acceptable to included in the Department’s eligibility Programs the Secretary of Education. certification for that eligible institution If an application is sent through the but has been included in the AGENCY: Department of Education. U.S. Postal Service, the Secretary does institution’s 1998–99 FISAP. ACTION: Notice of the closing date for not accept either of the following as The Secretary wishes to advise institutions to file an ‘‘Application for proof of mailing: (1) A private metered institutions that the institutional Approval to Participate in Federal postmark, or (2) a mail receipt that is eligibility form, ‘‘Application for Student Financial Aid Programs’’ (ED not dated by the U.S. Postal Service. Approval to Participate in Federal Form E40–34P, OMB #1840–0098) to An applicant should note that the Student Financial Aid Programs,’’ participate in the Federal Perkins Loan, U.S. Postal Service does not uniformly should not be confused with the FISAP Federal Work-Study, and Federal provide a dated postmark. Before form that institutions were required to Supplemental Educational Opportunity relying on this method, an applicant submit electronically by October 1, Grant programs for the 1998–99 award should check with its local post office. 1997, in order to be considered for An applicant is encouraged to use year. funds under the campus-based programs certified or at least first class mail. for the 1998–99 award year. SUMMARY: The Secretary invites Institutions that submit applications for Applicable Regulations currently ineligible institutions of approval to participate and required higher education that filed a Fiscal supporting documents after the closing The following regulations apply to the Operations Report and Application to date will not be considered for funding campus-based programs: Participate (FISAP) (ED Form 646–1) for under the campus-based programs for (1) Student Assistance General one or more of the ‘‘campus-based award year 1998–99. Provisions, 34 CFR Part 668. programs’’ for the 1998–99 award year Applications and Required (2) General Provisions for the Federal to submit to the Secretary an Documents Delivered by Hand. An Perkins Loan Program, Federal Work- ‘‘Application for Approval to Participate application for approval to participate Study Program, and Federal in Federal Student Financial Aid and required supporting documents Supplemental Educational Opportunity Programs’’ and all required supporting delivered by hand must be taken to the Grant Program, 34 CFR Part 673. documents for an eligibility and U.S. Department of Education, (3) Federal Perkins Loan Program, 34 Institutional Participation Division, certification determination. CFR Part 674. Room 3522, Regional Office Building 3, The campus-based programs are the (4) Federal Work-Study Program, 34 (GSA Building), 7th and D Streets, SW., Federal Perkins Loan Program, the CFR Part 675. Washington, DC 20407. Federal Work-Study Program, and the (5) Federal Supplemental Educational The Department will accept hand- Opportunity Grant Program, 34 CFR Part Federal Supplemental Educational delivered applications between 8:00 Opportunity Grant Program and are 676. a.m. and 4:30 p.m. (Eastern time) daily, (6) Institutional Eligibility Under the authorized by title IV of the Higher except Saturdays, Sundays, and Federal Higher Education Act of 1965, as Education Act of 1965, as amended. The holidays. An application for approval to amended, 34 CFR Part 600. 1998–99 award year is July 1, 1998, participate for the 1998–99 award year (7) New Restrictions on Lobbying, 34 through June 30, 1999. that is delivered by hand will not be CFR Part 82. DATES: Closing date: To participate in accepted after 4:30 p.m. on the closing (8) Governmentwide Debarment and the campus-based programs in the date. Suspension (Nonprocurement) and 1998–99 award year, a currently SUPPLEMENTARY INFORMATION: Under the Governmentwide Requirements for ineligible institution must mail or hand- three campus-based programs, the Drug-Free Workplace (Grants), 34 CFR deliver its ‘‘Application for Approval to Secretary allocates funds to eligible Part 85. Participate in Federal Student Financial institutions of higher education. The (9) Drug-Free Schools and Campuses, Aid Programs’’ on or before January 13, Secretary will not allocate funds under 34 CFR Part 86. 1998. The application and all the the campus-based programs for award FOR FURTHER INFORMATION CONTACT: required supporting documents for an year 1998–99 to any currently ineligible For information concerning designation eligibility and certification institution unless the institution files its of eligibility, contact: Liz Neverson or determination must be submitted to the ‘‘Application for Approval to Participate John Frohlicher, Institutional Institutional Participation Division at in Federal Student Financial Aid Participation Division, Initial one of the addresses indicated below. Programs’’ and other required Participation Branch, U.S. Department ADDRESSES: Applications and Required supporting documents by the closing of Education, Room 3522, Regional Documents Delivered by Mail. The date. If the institution submits its Office Building 3, 600 Independence application for approval to participate application for approval to participate Avenue, SW., Washington, DC 20202– and required supporting documents or other required supporting documents 5343. Telephone: (202) 260–3270. delivered by mail must be addressed to after the January 13, 1998 closing date, For technical assistance concerning the U.S. Department of Education, the Secretary will use this application in the FISAP or other operational Institutional Participation Division, determining the institution’s eligibility procedures of the campus-based Room 3522, Regional Office Building 3, to participate in the campus-based programs, contact: Sandra K. Donelson, 600 Independence Avenue, SW., programs beginning with the 1999–2000 Institutional Financial Management Washington, DC 20202–5323. award year. Division, U.S. Department of Education, An applicant must show proof of For purposes of this notice, ineligible P.O. Box 23781, Washington, DC 20026– mailing consisting of one of the institutions only include: 0781. Telephone: (202) 708–9751. Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64675

Individuals who use a Federal Register, in text or portable or, toll free, 1–800–222–4922. The telecommunications device for the deaf document format (pdf) on the World documents are located under Option (TDD) may call the Federal Information Wide Web at either of the following G—Files/Announcements, Bulletins and Relay Service (FIRS) at 1–800–877–8339 sites: Press Releases. between 8 a.m. and 8 p.m., Eastern time, http://ocfo.ed.gov/fedreg.htm Note: The official version of this document Monday through Friday. http://www.ed.gov/news.html is the document published in the Federal Individuals with disabilities may To use the pdf you must have the Adobe Register. obtain this document in an alternate Acrobat Reader Program with Search, (Program Authority: 20 U.S.C. 1087aa et seq.; format (e.g., Braille, large print, which is available free at either of the 42 U.S.C. 2751 et seq.; and 20 U.S.C. 1070b audiotape, or computer diskette) on previous sites. If you have questions et seq.) request to the contact person listed in about using the pdf, call the U.S. Dated: November 28, 1997. the preceding paragraph. Government Printing Office toll free at 1–888–293–6498. David A. Longanecker, Electronic Access to This Document Anyone may also view these Assistant Secretary for Postsecondary Anyone may view this document, as documents in text copy only on an Education. well as all other Department of electronic bulletin board of the [FR Doc. 97–32075 Filed 12–5–97; 8:45 am] Education documents published in the Department. Telephone: (202) 219–1511 BILLING CODE 4000±01±U i

Reader Aids Federal Register Vol. 62, No. 235 Monday, December 8, 1997

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER

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 E-mail [email protected] the revision date of each title. 791...... 64266 Laws 3 CFR 1806...... 64440 For additional information 523±5227 Proclamations: Proposed Rules: Presidential Documents 7056...... 64127 404...... 64177 7057...... 64131 Executive orders and proclamations 523±5227 405...... 64177 Administrative Orders: The United States Government Manual 523±5227 708a...... 64185 Presidential Determinations: 708b...... 64187 No. 98±4 of November Other Services 14, 1997 ...... 63823 14 CFR No. 98±5 of November Electronic and on-line services (voice) 523±4534 39 ...... 63622, 63828, 63830, 17, 1997 ...... 63619 Privacy Act Compilation 523±3187 63831, 63835, 63836, 64268, 64511, 64513, 64514, 64517, TDD for the hearing impaired 523±5229 5 CFR 64519 213...... 63627 71 ...... 64148, 64150, 64151, ELECTRONIC BULLETIN BOARD 315...... 63627 64152, 64268, 64268, 64269, 410...... 63630 64271, 64272, 64273, 64521 Free Electronic Bulletin Board service for Public Law numbers, 591...... 63630 97 ...... 63447, 63449, 63451 Federal Register finding aids, and list of documents on public 255...... 63837 202±275±0920 inspection. 7 CFR 1260...... 63452 FAX-ON-DEMAND 17...... 63606 Proposed Rules: 247...... 64511 39 ...... 63473, 63475, 63476, You may access our Fax-On-Demand service with a fax machine. 301...... 64133, 64263 63624, 63912, 63914, 64523 There is no charge for the service except for long distance 401...... 63631 71 ...... 63916, 63917, 64321, telephone charges the user may incur. The list of documents on 454...... 63631 64321, 64322, 64323, 64525 public inspection and the daily Federal Register’s table of 457...... 63631, 63633 contents are available. The document numbers are 7050-Public 1412...... 63441 18 CFR Inspection list and 7051-Table of Contents list. The public inspection list is updated immediately for documents filed on an Proposed Rules: 401...... 64154 emergency basis. 70...... 63471 610...... 64174 20 CFR NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 729...... 63678 255...... 64161 FILE. Documents on public inspection may be viewed and copied 340...... 64273 in our office located at 800 North Capitol Street, NW., Suite 700. 8 CFR 404...... 64274 The Fax-On-Demand telephone number is: 301±713±6905 213a...... 64048 422...... 64274 299...... 64048 Proposed Rules: FEDERAL REGISTER PAGES AND DATES, DECEMBER 211...... 64188 9 CFR 422...... 63681 63441±63626...... 1 78...... 64134 63627±63824...... 2 91...... 64265 21 CFR 63825±64130...... 3 93...... 64265 101 ...... 63647, 63653, 64634 64131±64262...... 4 179...... 64102, 64107 10 CFR 64263±64510...... 5 Proposed Rules: 64511±64676...... 8 30...... 63634 200...... 64048 32...... 63634 1308...... 64526 50...... 63825 70...... 63825 22 CFR 73...... 63640 Proposed Rules: Proposed Rules: 22...... 63478 50...... 63892, 63911 51...... 63478 70...... 63911 53...... 63478 12 CFR 23 CFR 8...... 64135 1327...... 63655 226...... 63441 Proposed Rules: 516...... 64138 655...... 64324 543...... 64138 545...... 64138 24 CFR 552...... 64138 570...... 64634 556...... 64138 888...... 64521 563...... 64138 614...... 63644 26 CFR 703...... 64146 Proposed Rules: 704...... 64148 1...... 64190

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28 CFR 71...... 63662 46 CFR 0...... 63453 80...... 63853 114...... 64303 81...... 64284 116...... 64303 29 CFR 180 ...... 63662, 63858, 64048, 117...... 64303 1614...... 63847 64287, 64294 118...... 64303 185 ...... 64048, 64284, 64287 121...... 64303 30 CFR 186...... 64048 122...... 64303 261...... 63458 Proposed Rules: 175...... 64303 917...... 63684 264...... 00000 177...... 64303 926...... 63685, 64327 265...... 00000 178...... 64303 268...... 64504 180...... 64303 31 CFR 270...... 00000 185...... 64303 264...... 64636 Proposed Rules: 514...... 63463 265...... 64636 356...... 64528 270...... 64636 47 CFR 32 CFR 264...... 64636 265...... 64636 20...... 63864 Proposed Rules: 270...... 64636 22...... 63864 199...... 64191 264...... 64636 25...... 64167 901...... 63485 265...... 64636 73...... 63674 33 CFR 270...... 64636 Proposed Rules: Proposed Rules: 117...... 63847 73...... 63690 51...... 64532 36 CFR 52 ...... 63687, 64329, 64543 48 CFR 80...... 63918 701...... 64279 81...... 63687 Proposed Rules: Proposed Rules: 112...... 63812 1843...... 64545 1...... 63488 194...... 64327 1852...... 64545 14...... 63488 327...... 64192 41 CFR 49 CFR 37 CFR 301...... 63798 219...... 63464, 63675 42 CFR 225...... 63675 202...... 63657 240...... 63464 Proposed Rules: 417...... 63669 Proposed Rules: 253...... 63502 Proposed Rules: Ch. X...... 64193 255...... 63506 1001...... 63689 572...... 64546 38 CFR 43 CFR 50 CFR 21...... 63847, 63848 Proposed Rules: 36...... 63454 4...... 64544 20...... 63608 17...... 64306 39 CFR 45 CFR 222...... 63467 111...... 63850 205...... 64301 622...... 63677 262...... 64280 232...... 64301 648...... 63872 265...... 64280 233...... 64301 660...... 63876 235...... 64301 679 ...... 63877, 63878, 63880 40 CFR 250...... 64301 Proposed Rules: 52 ...... 63454, 63456, 63658, 251...... 64301 14...... 64335 64284, 64522 255...... 64301 17...... 64337, 64340 64...... 63662 256...... 64301 23...... 64347 70...... 63662 257...... 64301 679...... 63690

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REMINDERS Lost securityholders; transfer Gulf of Mexico reef fish; FEDERAL ELECTION The items in this list were agent requirements; comments due by 12-8- COMMISSION editorially compiled as an aid published 10-7-97 97; published 10-23-97 Rulemaking petitions: to Federal Register users. TRANSPORTATION Northeastern United States Bopp, James, Jr.; comments Inclusion or exclusion from DEPARTMENT fisheriesÐ due by 12-8-97; published this list has no legal Federal Aviation Northeast multispecies; 11-6-97 significance. Administration comments due by 12- HEALTH AND HUMAN Airworthiness directives: 12-97; published 11-12- SERVICES DEPARTMENT 97 RULES GOING INTO Eurocopter France; Children and Families published 11-21-97 COMMERCE DEPARTMENT Administration EFFECT DECEMBER 8, Patent and Trademark Office 1997 Child support enforcement COMMENTS DUE NEXT Patent cases: program: Practice rules; trademark Quarterly wage and AGRICULTURE WEEK trial and appeal board unemployment DEPARTMENT proceedings; comments compensations claims Agricultural Marketing AGRICULTURE DEPARTMENT due by 12-10-97; reporting to National Service published 11-4-97 Directory of New Hires; Farm Service Agency Kiwifruit grown inÐ ENVIRONMENTAL comments due by 12-8- California; published 11-7-97 Farm marketing quotas, 97; published 10-7-97 acreage allotments, and PROTECTION AGENCY Marketing orders; expenses production adjustments: Air quality implementation HOUSING AND URBAN and assessment rates; DEVELOPMENT Peanuts; comments due by plans; approval and published 11-7-97 DEPARTMENT 12-9-97; published 12-2- promulgation; various AGRICULTURE 97 States: Public and Indian housing: DEPARTMENT Program regulations: Ohio; comments due by 12- Replacement housing factor 10-97; published 8-12-97 in modernization funding; Food and Consumer Service Community programs comments due by 12-9- Commodity supplemental food guaranteed loan program; Pennsylvania; correction; 97; published 9-10-97 program: comments due by 12-8- comments due by 12-8- Caseload assignment; 97; published 10-7-97 97; published 11-6-97 INTERIOR DEPARTMENT Pesticides; tolerances in food, published 10-23-97 AGRICULTURE Fish and Wildlife Service animal feeds, and raw ENVIRONMENTAL DEPARTMENT Endangered and threatened agricultural commodities: PROTECTION AGENCY Rural Business-Cooperative species: Glyphosate oxidoreductase; Air quality implementation Service Illinois Cave amphipod; comments due by 12-8- plans; approval and comments due by 12-8- Program regulations: 97; published 10-8-97 promulgation; various 97; published 10-9-97 Community programs Superfund program: States: guaranteed loan program; JUSTICE DEPARTMENT Michigan; published 11-6-97 comments due by 12-8- National oil and hazardous substances contingency Drug Enforcement Missouri; correction; 97; published 10-7-97 planÐ Administration published 12-8-97 AGRICULTURE National priorities list Comprehensive Air quality planning purposes; DEPARTMENT update; comments due Methamphetamine Control designation of areas: Rural Housing Service by 12-8-97; published Act of 1996; implementation: Arizona; published 11-6-97 Program regulations: 11-6-97 Pseudoephedrine, Hazardous waste: phenylpropanolamine, and Community programs FEDERAL combination ephedrine Treatment, storage, and guaranteed loan program; COMMUNICATIONS drug products; transaction disposal facilities and comments due by 12-8- COMMISSION hazardous waste 97; published 10-7-97 reporting requirements; Common carrier services: generatorsÐ comments due by 12-8- AGRICULTURE North American Numbering Tanks, surface 97; published 10-7-97 DEPARTMENT Plan administrationÐ impoundments, and LABOR DEPARTMENT Rural Utilities Service Carrier identification containers; organic air Program regulations: Occupational Safety and emission standards; codes; comments due Health Administration Community programs clarification; published by 12-8-97; published guaranteed loan program; 10-29-97 Safety and health standards, 12-8-97 etc.: comments due by 12-8- Common carriers: FEDERAL 97; published 10-7-97 Longshoring and marine Telecommunications carrier COMMUNICATIONS terminals; piggybacking of COMMERCE DEPARTMENT interceptions; comments COMMISSION two containers using twist National Oceanic and due by 12-12-97; Radio stations; table of locks; comments due by Atmospheric Administration published 11-28-97 assignments: 12-8-97; published 10-9- Fishery conservation and Television broadcasting: South Carolina; published 97 management: 11-4-97 Two-way transmissions; OFFICE OF MANAGEMENT Alaska; fisheries of multipoint distribution AND BUDGET GENERAL SERVICES Exclusive Economic service and instructional ADMINISTRATION ZoneÐ television fixed service Management and Budget Office Freedom of Information Act; IFQ survivorship transfer licensees participation; implementation: provisions; modification; comments due by 12-9- Freedom of Information Act; Agency records and comments due by 12-8- 97; published 11-6-97 implementation; comments due by 12-8-97; published informational materials; 97; published 11-6-97 FEDERAL DEPOSIT 10-9-97 public availability; Scallop; comments due by INSURANCE CORPORATION published 11-6-97 12-9-97; published 11- Insured State banks and POSTAL SERVICE SECURITIES AND 24-97 savings associations; Domestic Mail Manual: EXCHANGE COMMISSION Caribbean, Gulf, and South activities; comments due by Perishable contents; Securities: Atlantic fisheriesÐ 12-11-97; published 9-12-97 ancillary service

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endorsements; comments Saab; comments due by 12- 2,500 Boys and Girls Clubs of due by 12-8-97; published 8-97; published 11-7-97 America facilities by the year LIST OF PUBLIC LAWS 11-7-97 Teledyne Continental 2000. (Dec. 2, 1997; 111 Stat. 2568) TRANSPORTATION Motors; comments due by This is a continuing list of DEPARTMENT 12-9-97; published 10-10- public bills from the current S. 738/P.L. 105±134 Coast Guard 97 session of Congress which Amtrak Reform and Regattas and marine parades: Class E airspace; comments have become Federal laws. It Accountability Act of 1997 BellSouth Winterfest Boat due by 12-8-97; published may be used in conjunction (Dec. 2, 1997; 111 Stat. 2570) with ``P L U S'' (Public Laws Parade; comments due by 11-6-97 S. 1139/P.L. 105±135 12-8-97; published 11-7- Update Service) on 202±523± 97 TREASURY DEPARTMENT 6641. This list is also Small Business Reauthorization Act of 1997 TRANSPORTATION Customs Service available online at http:// www.nara.gov/nara/fedreg/ (Dec. 2, 1997; 111 Stat. 2592) DEPARTMENT Organization and functions; fedreg.html. Computer reservation systems, field oranization, ports of S. 1161/P.L. 105±136 carrier-owned; comments entry, etc.: The text of laws is not To amend the Immigration and Nationality Act to due by 12-9-97; published Orlando-Sanford Airport, FL; published in the Federal authorize appropriations for 10-30-97 port of entry; comments Register but may be ordered refugee and entrant assistance TRANSPORTATION due by 12-8-97; published in ``slip law'' (individual for fiscal years 1998 and DEPARTMENT 11-7-97 pamphlet) form from the 1999. (Dec. 2, 1997; 111 Stat. Federal Aviation Superintendent of Documents, TREASURY DEPARTMENT 2639) Administration U.S. Government Printing Currency and foreign Office, Washington, DC 20402 S. 1193/P.L. 105±137 Airworthiness directives: (phone, 202±512±2470). The transactions; financial Aviation Insurance Airbus; comments due by text will also be made reporting and recordkeeping Reauthorization Act of 1997 12-8-97; published 11-6- available on the Internet from requirements: (Dec. 2, 1997; 111 Stat. 2640) 97 GPO Access at http:// Avions Pierre Robin; Bank Secrecy Act; www.access.gpo.gov/su docs/. S. 1559/P.L. 105±138 implementationÐ Ð comments due by 12-8- Some laws may not yet be To provide for the design, 97; published 11-7-97 Exemptions from currency available. construction, furnishing, and Dornier; comments due by transactions reporting; equipping of a Center for 12-8-97; published 11-7- comments due by 12-8- H.R. 1254/P.L. 105±131 Historically Black Heritage 97 97; published 9-8-97 To designate the United within Florida A&M University. Eurocopter Deutschland VETERANS AFFAIRS States Post Office building (Dec. 2, 1997; 111 Stat. 2642) GmbH; comments due by DEPARTMENT located at 1919 West Bennett S. 1565/P.L. 105±139 12-8-97; published 10-9- Street in Springfield, Missouri, 97 Health care professionals; as the ``John N. Griesemer To make technical corrections to the Nicaraguan Adjustment EXTRA Flugzeugbau GmbH; reporting to State licensing Post Office Building''. (Dec. 2, boards; policy; comments 1997; 111 Stat. 2562) and Central American Relief comments due by 12-8- Act. (Dec. 2, 1997; 111 Stat. 97; published 11-5-97 due by 12-8-97; published S. 156/P.L. 105±132 10-8-97 2644) HOAC Austria; comments Lower Brule Sioux Tribe due by 12-8-97; published Loan guaranty: Infrastructure Development S.J. Res. 39/P.L. 105±140 11-7-97 Refinancing loans; interest Trust Fund Act (Dec. 2, 1997; To provide for the convening MT-Propeller Entwicklung rate reduction 111 Stat. 2563) of the Second Session of the GMBH; comments due by requirements; comments S. 476/P.L. 105±133 One Hundred Fifth Congress. 12-8-97; published 10-7- due by 12-8-97; published To provide for the (Dec. 2, 1997; 111 Stat. 2646) 97 10-8-97 establishment of not less than Last List December 4, 1997

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CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: ●1–59 ...... (869–032–00037–9) ...... 44.00 Jan. 1, 1997 This checklist, prepared by the Office of the Federal Register, is ●60–139 ...... (869–032–00038–7) ...... 38.00 Jan. 1, 1997 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–032–00039–5) ...... 16.00 Jan. 1, 1997 numbers, prices, and revision dates. ●200–1199 ...... (869–032–00040–9) ...... 30.00 Jan. 1, 1997 An asterisk (*) precedes each entry that has been issued since last ●1200–End ...... (869–032–00041–7) ...... 21.00 Jan. 1, 1997 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–032–00042–5) ...... 21.00 Jan. 1, 1997 A ``●'' precedes each entry that is now available on-line through ●300–799 ...... (869–032–00043–3) ...... 32.00 Jan. 1, 1997 the Government Printing Office's GPO Access service at http:// ●800–End ...... (869–032–00044–1) ...... 22.00 Jan. 1, 1997 www.access.gpo.gov/nara/cfr. For information about GPO Access 16 Parts: call 1-888-293-6498 (toll free). ●0–999 ...... (869–032–00045–0) ...... 30.00 Jan. 1, 1997 A checklist of current CFR volumes comprising a complete CFR set, ●1000–End ...... (869–032–00046–8) ...... 34.00 Jan. 1, 1997 also appears in the latest issue of the LSA (List of CFR Sections Affected), which is revised monthly. 17 Parts: ●1–199 ...... (869–032–00048–4) ...... 21.00 Apr. 1, 1997 The annual rate for subscription to all revised volumes is $951.00 ●200–239 ...... (869–032–00049–2) ...... 32.00 Apr. 1, 1997 domestic, $237.75 additional for foreign mailing. ●240–End ...... (869–032–00050–6) ...... 40.00 Apr. 1, 1997 Mail orders to the Superintendent of Documents, Attn: New Orders, 18 Parts: P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be ●1–399 ...... (869–032–00051–4) ...... 46.00 Apr. 1, 1997 accompanied by remittance (check, money order, GPO Deposit ●400–End ...... (869–032–00052–2) ...... 14.00 Apr. 1, 1997 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 19 Parts: 512±1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your ●1–140 ...... (869–032–00053–1) ...... 33.00 Apr. 1, 1997 charge orders to (202) 512-2250. ●141–199 ...... (869–032–00054–9) ...... 30.00 Apr. 1, 1997 ●200–End ...... (869–032–00055–7) ...... 16.00 Apr. 1, 1997 Title Stock Number Price Revision Date 20 Parts: ●1, 2 (2 Reserved) ...... (869–032–00001–8) ...... $5.00 Feb. 1, 1997 ●1–399 ...... (869–032–00056–5) ...... 26.00 Apr. 1, 1997 ●3 (1996 Compilation ●400–499 ...... (869–032–00057–3) ...... 46.00 Apr. 1, 1997 and Parts 100 and ●500–End ...... (869–032–00058–1) ...... 42.00 Apr. 1, 1997 1 101) ...... (869–032–00002–6) ...... 20.00 Jan. 1, 1997 21 Parts: ●4 ...... (869–032–00003–4) ...... 7.00 Jan. 1, 1997 ●1–99 ...... (869–032–00059–0) ...... 21.00 Apr. 1, 1997 ●100–169 ...... (869–032–00060–3) ...... 27.00 Apr. 1, 1997 5 Parts: ● ● 170–199 ...... (869–032–00061–1) ...... 28.00 Apr. 1, 1997 1–699 ...... (869–032–00004–2) ...... 34.00 Jan. 1, 1997 ●200–299 ...... (869–032–00062–0) ...... 9.00 Apr. 1, 1997 ●700–1199 ...... (869–032–00005–1) ...... 26.00 Jan. 1, 1997 ● ● 300–499 ...... (869–032–00063–8) ...... 50.00 Apr. 1, 1997 1200–End, 6 (6 ●500–599 ...... (869–032–00064–6) ...... 28.00 Apr. 1, 1997 Reserved) ...... (869–032–00006–9) ...... 33.00 Jan. 1, 1997 ●600–799 ...... (869–032–00065–4) ...... 9.00 Apr. 1, 1997 7 Parts: ●800–1299 ...... (869–032–00066–2) ...... 31.00 Apr. 1, 1997 ●0–26 ...... (869–032–00007–7) ...... 26.00 Jan. 1, 1997 ●1300–End ...... (869–032–00067–1) ...... 13.00 Apr. 1, 1997 ●27–52 ...... (869–032–00008–5) ...... 30.00 Jan. 1, 1997 22 Parts: ●53–209 ...... (869–032–00009–3) ...... 22.00 Jan. 1, 1997 1–299 ...... (869–032–00068–9) ...... 42.00 Apr. 1, 1997 ●210–299 ...... (869–032–00010–7) ...... 44.00 Jan. 1, 1997 ●300–End ...... (869–032–00069–7) ...... 31.00 Apr. 1, 1997 ● ...... 300–399 (869–032–00011–5) 22.00 Jan. 1, 1997 ● ●400–699 ...... (869–032–00012–3) ...... 28.00 Jan. 1, 1997 23 ...... (869–032–00070–1) ...... 26.00 Apr. 1, 1997 ●700–899 ...... (869–032–00013–1) ...... 31.00 Jan. 1, 1997 24 Parts: ●900–999 ...... (869–032–00014–0) ...... 40.00 Jan. 1, 1997 ●0–199 ...... (869–032–00071–9) ...... 32.00 Apr. 1, 1997 ●1000–1199 ...... (869–032–00015–8) ...... 45.00 Jan. 1, 1997 200–499 ...... (869–032–00072–7) ...... 29.00 Apr. 1, 1997 ●1200–1499 ...... (869–032–00016–6) ...... 33.00 Jan. 1, 1997 500–699 ...... (869–032–00073–5) ...... 18.00 Apr. 1, 1997 ●1500–1899 ...... (869–032–00017–4) ...... 53.00 Jan. 1, 1997 ●700–1699 ...... (869–032–00074–3) ...... 42.00 Apr.1, 1997 ●1900–1939 ...... (869–032–00018–2) ...... 19.00 Jan. 1, 1997 ●1700–End ...... (869–032–00075–1) ...... 18.00 Apr. 1, 1997 ● 1940–1949 ...... (869–032–00019–1) ...... 40.00 Jan. 1, 1997 ●25 ...... (869–032–00076–0) ...... 42.00 Apr. 1, 1997 ●1950–1999 ...... (869–032–00020–4) ...... 42.00 Jan. 1, 1997 ●2000–End ...... (869–032–00021–2) ...... 20.00 Jan. 1, 1997 26 Parts: ●§§ 1.0-1–1.60 ...... (869–032–00077–8) ...... 21.00 Apr. 1, 1997 ● 8 ...... (869–032–00022–1) ...... 30.00 Jan. 1, 1997 ●§§ 1.61–1.169 ...... (869–032–00078–6) ...... 44.00 Apr. 1, 1997 9 Parts: ●§§ 1.170–1.300 ...... (869–032–00079–4) ...... 31.00 Apr. 1, 1997 ●1–199 ...... (869–032–00023–9) ...... 39.00 Jan. 1, 1997 ●§§ 1.301–1.400 ...... (869–032–00080–8) ...... 22.00 Apr. 1, 1997 ●200–End ...... (869–032–00024–7) ...... 33.00 Jan. 1, 1997 ●§§ 1.401–1.440 ...... (869–032–00081–6) ...... 39.00 Apr. 1, 1997 ●§§ 1.441-1.500 ...... (869-032-00082-4) ...... 22.00 Apr. 1, 1997 10 Parts: ●§§ 1.501–1.640 ...... (869–032–00083–2) ...... 28.00 Apr. 1, 1997 ● 0–50 ...... (869–032–00025–5) ...... 39.00 Jan. 1, 1997 ●§§ 1.641–1.850 ...... (869–032–00084–1) ...... 33.00 Apr. 1, 1997 ● 51–199 ...... (869–032–00026–3) ...... 31.00 Jan. 1, 1997 ●§§ 1.851–1.907 ...... (869–032–00085–9) ...... 34.00 Apr. 1, 1997 ●200–499 ...... (869–032–00027–1) ...... 30.00 Jan. 1, 1997 ●§§ 1.908–1.1000 ...... (869–032–00086–7) ...... 34.00 Apr. 1, 1997 ●500–End ...... (869–032–00028–0) ...... 42.00 Jan. 1, 1997 ●§§ 1.1001–1.1400 ...... (869–032–00087–5) ...... 35.00 Apr. 1, 1997 ● ●11 ...... (869–032–00029–8) ...... 20.00 Jan. 1, 1997 §§ 1.1401–End ...... (869–032–00088–3) ...... 45.00 Apr. 1, 1997 ●2–29 ...... (869–032–00089–1) ...... 36.00 Apr. 1, 1997 12 Parts: 30–39 ...... (869–032–00090–5) ...... 25.00 Apr. 1, 1997 ●1–199 ...... (869–032–00030–1) ...... 16.00 Jan. 1, 1997 ●40–49 ...... (869–032–00091–3) ...... 17.00 Apr. 1, 1997 ●200–219 ...... (869–032–00031–0) ...... 20.00 Jan. 1, 1997 ●50–299 ...... (869–032–00092–1) ...... 18.00 Apr. 1, 1997 ●220–299 ...... (869–032–00032–8) ...... 34.00 Jan. 1, 1997 ●300–499 ...... (869–032–00093–0) ...... 33.00 Apr. 1, 1997 ●300–499 ...... (869–032–00033–6) ...... 27.00 Jan. 1, 1997 500–599 ...... (869–032–00094–8) ...... 6.00 4 Apr. 1, 1990 ●500–599 ...... (869–032–00034–4) ...... 24.00 Jan. 1, 1997 ●600–End ...... (869–032–00095–3) ...... 9.50 Apr. 1, 1997 ●600–End ...... (869–032–00035–2) ...... 40.00 Jan. 1, 1997 27 Parts: ●13 ...... (869–032–00036–1) ...... 23.00 Jan. 1, 1997 1–199 ...... (869–032–00096–4) ...... 48.00 Apr. 1, 1997

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 200–End ...... (869–032–00097–2) ...... 17.00 Apr. 1, 1997 ●300–399 ...... (869–032–00151–1) ...... 27.00 July 1, 1997 ● ...... 6 28 Parts: ...... 400–424 (869–032–00152–9) 33.00 July 1, 1996 ●425–699 ...... (869–032–00153–7) ...... 40.00 July 1, 1997 1-42 ...... (869–032–00098–1) ...... 36.00 July 1, 1997 ●700–789 ...... (869–032–00154–5) ...... 38.00 July 1, 1997 ●43-end ...... (869-032-00099-9) ...... 30.00 July 1, 1997 ●790–End ...... (869–032–00155–3) ...... 19.00 July 1, 1997 29 Parts: 41 Chapters: ●0–99 ...... (869–032–00100–5) ...... 27.00 July 1, 1997 3 ● 1, 1–1 to 1–10 ...... 13.00 July 1, 1984 100–499 ...... (869–032–00101–4) ...... 12.00 July 1, 1997 ...... 3 ● 1, 1–11 to Appendix, 2 (2 Reserved) 13.00 July 1, 1984 500–899 ...... (869–032–00102–2) ...... 41.00 July 1, 1997 3–6 ...... 14.00 3 July 1, 1984 ● 900–1899 ...... (869–032–00103–1) ...... 21.00 July 1, 1997 7 ...... 6.00 3 July 1, 1984 ● 1900–1910 (§§ 1900 to 8 ...... 4.50 3 July 1, 1984 1910.999) ...... (869–032–00104–9) ...... 43.00 July 1, 1997 9 ...... 13.00 3 July 1, 1984 1910 (§§ 1910.1000 to 10–17 ...... 9.50 3 July 1, 1984 end) ...... (869–032–00105–7) ...... 29.00 July 1, 1997 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 ● 1911–1925 ...... (869–032–00106–5) ...... 19.00 July 1, 1997 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 1926 ...... (869–032–00107–3) ...... 31.00 July 1, 1997 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 ● 1927–End ...... (869–032–00108–1) ...... 40.00 July 1, 1997 19–100 ...... 13.00 3 July 1, 1984 30 Parts: ●1–100 ...... (869–032–00156–1) ...... 14.00 July 1, 1997 ●1–199 ...... (869–032–00109–0) ...... 33.00 July 1, 1997 101 ...... (869–032–00157–0) ...... 36.00 July 1, 1997 200–699 ...... (869–032–00110–3) ...... 28.00 July 1, 1997 ●102–200 ...... (869–032–00158–8) ...... 17.00 July 1, 1997 ●700–End ...... (869–032–00111–1) ...... 32.00 July 1, 1997 201–End ...... (869–032–00159–6) ...... 15.00 July 1, 1997 31 Parts: 42 Parts: ●0–199 ...... (869–032–00112–0) ...... 20.00 July 1, 1997 ●1–399 ...... (869–028–00163–7) ...... 32.00 Oct. 1, 1996 200–End ...... (869–032–00113–8) ...... 42.00 July 1, 1997 ●400–429 ...... (869–028–00164–5) ...... 34.00 Oct. 1, 1996 ●430–End ...... (869–028–00165–3) ...... 44.00 Oct. 1, 1996 32 Parts: 1–39, Vol. I ...... 15.00 2 July 1, 1984 43 Parts: 1–39, Vol. II ...... 19.00 2 July 1, 1984 ●1–999 ...... (869–028–00166–1) ...... 30.00 Oct. 1, 1996 1–39, Vol. III ...... 18.00 2 July 1, 1984 ●1000–end ...... (869–028–00167–0) ...... 45.00 Oct. 1, 1996 1–190 ...... (869–032–00114–6) ...... 42.00 July 1, 1997 ●44 ...... (869–028–00168–8) ...... 31.00 Oct. 1, 1996 ●191–399 ...... (869–032–00115–4) ...... 51.00 July 1, 1997 ●400–629 ...... (869–032–00116–2) ...... 33.00 July 1, 1997 45 Parts: ●630–699 ...... (869–032–00117–1) ...... 22.00 July 1, 1997 ●1–199 ...... (869–028–00169–6) ...... 28.00 Oct. 1, 1996 ●700–799 ...... (869–032–00118–9) ...... 28.00 July 1, 1997 ●200–499 ...... (869–028–00170–0) ...... 14.00 5 Oct. 1, 1995 ●800–End ...... (869–032–00119–7) ...... 27.00 July 1, 1997 *●500–1199 ...... (869–032–00168–5) ...... 29.00 Oct. 1, 1997 ●1200–End ...... (869–028–00172–6) ...... 36.00 Oct. 1, 1996 33 Parts: 1–124 ...... (869–032–00120–1) ...... 27.00 July 1, 1997 46 Parts: ● 125–199 ...... (869–032–00121–9) ...... 36.00 July 1, 1997 1–40 ...... (869–028–00173–4) ...... 26.00 Oct. 1, 1996 ● ●200–End ...... (869–032–00122–7) ...... 31.00 July 1, 1997 41–69 ...... (869–028–00174–2) ...... 21.00 Oct. 1, 1996 ●70–89 ...... (869–028–00175–1) ...... 11.00 Oct. 1, 1996 34 Parts: ●90–139 ...... (869–028–00176–9) ...... 26.00 Oct. 1, 1996 ●1–299 ...... (869–032–00123–5) ...... 28.00 July 1, 1997 ●140–155 ...... (869–028–00177–7) ...... 15.00 Oct. 1, 1996 ●300–399 ...... (869–032–00124–3) ...... 27.00 July 1, 1997 ●156–165 ...... (869–028–00178–5) ...... 20.00 Oct. 1, 1996 ●400–End ...... (869–032–00125–1) ...... 44.00 July 1, 1997 ●166–199 ...... (869–028–00179–3) ...... 22.00 Oct. 1, 1996 ●35 ...... (869–032–00126–0) ...... 15.00 July 1, 1997 *●200–499 ...... (869–032–00177–4) ...... 21.00 Oct. 1, 1997 *500–End ...... (869–032–00178–2) ...... 17.00 Oct. 1, 1997 36 Parts ●1–199 ...... (869–032–00127–8) ...... 20.00 July 1, 1997 47 Parts: ● 200–299 ...... (869–032–00128–6) ...... 21.00 July 1, 1997 0–19 ...... (869–028–00182–3) ...... 35.00 Oct. 1, 1996 ● 300–End ...... (869–032–00129–4) ...... 34.00 July 1, 1997 20–39 ...... (869–028–00183–1) ...... 26.00 Oct. 1, 1996 ●40–69 ...... (869–028–00184–0) ...... 18.00 Oct. 1, 1996 ●37 ...... (869–032–00130–8) ...... 27.00 July 1, 1997 ●70–79 ...... (869–028–00185–8) ...... 33.00 Oct. 1, 1996 38 Parts: ●80–End ...... (869–028–00186–6) ...... 39.00 Oct. 1, 1996 0–17 ...... (869–032–00131–6) ...... 34.00 July 1, 1997 48 Chapters: ●18–End ...... (869–032–00132–4) ...... 38.00 July 1, 1997 ●1 (Parts 1–51) ...... (869–028–00187–4) ...... 45.00 Oct. 1, 1996 ●39 ...... (869–032–00133–2) ...... 23.00 July 1, 1997 ●1 (Parts 52–99) ...... (869–028–00188–2) ...... 29.00 Oct. 1, 1996 ●2 (Parts 201–251) ...... (869–028–00189–1) ...... 22.00 Oct. 1, 1996 40 Parts: ●2 (Parts 252–299) ...... (869–028–00190–4) ...... 16.00 Oct. 1, 1996 ● 1–49 ...... (869–032–00134–1) ...... 31.00 July 1, 1997 ●3–6 ...... (869–028–00191–2) ...... 30.00 Oct. 1, 1996 ● 50–51 ...... (869–032–00135–9) ...... 23.00 July 1, 1997 ●7–14 ...... (869–028–00192–1) ...... 29.00 Oct. 1, 1996 52 (52.01–52.1018) ...... (869–032–00136–7) ...... 27.00 July 1, 1997 ●15–28 ...... (869–028–00193–9) ...... 38.00 Oct. 1, 1996 52 (52.1019–End) ...... (869–032–00137–5) ...... 32.00 July 1, 1997 ●29–End ...... (869–028–00194–7) ...... 25.00 Oct. 1, 1996 ●53–59 ...... (869–032–00138–3) ...... 14.00 July 1, 1997 60 ...... (869–032–00139–1) ...... 52.00 July 1, 1997 49 Parts: ● ●61–62 ...... (869–032–00140–5) ...... 19.00 July 1, 1997 1–99 ...... (869–028–00195–5) ...... 32.00 Oct. 1, 1996 ● ●63–71 ...... (869–032–00141–3) ...... 57.00 July 1, 1997 100–185 ...... (869–028–00196–3) ...... 50.00 Oct. 1, 1996 ●72–80 ...... (869–032–00142–1) ...... 35.00 July 1, 1997 *186–199 ...... (869–032–00193–6) ...... 11.00 Oct. 1, 1997 ● ●200–399 ...... (869–028–00198–0) ...... 39.00 Oct. 1, 1996 81–85 ...... (869–032–00143–0) ...... 32.00 July 1, 1997 ● 86 ...... (869–032–00144–8) ...... 50.00 July 1, 1997 400–999 ...... (869–028–00199–8) ...... 49.00 Oct. 1, 1996 ● ●1000–1199 ...... (869–028–00200–5) ...... 23.00 Oct. 1, 1996 87-135 ...... (869–032–00145–6) ...... 40.00 July 1, 1997 ● ●136–149 ...... (869–032–00146–4) ...... 35.00 July 1, 1997 1200–End ...... (869–028–00201–3) ...... 15.00 Oct. 1, 1996 ●150–189 ...... (869–032–00147–2) ...... 32.00 July 1, 1997 50 Parts: ●190–259 ...... (869–032–00148–1) ...... 22.00 July 1, 1997 ●1–199 ...... (869–028–00202–1) ...... 34.00 Oct. 1, 1996 ●260–265 ...... (869–032–00149–9) ...... 29.00 July 1, 1997 ●200–599 ...... (869–028–00203–0) ...... 22.00 Oct. 1, 1996 ●266–299 ...... (869–032–00150–2) ...... 24.00 July 1, 1997 ●600–End ...... (869–028–00204–8) ...... 26.00 Oct. 1, 1996

VerDate 02-DEC-97 19:29 Dec 05, 1997 Jkt 010199 PO 00000 Frm 00002 Fmt 4721 Sfmt 4721 E:\FR\FM\A08DECL.XXX 08decl Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Reader Aids vii

Title Stock Number Price Revision Date CFR Index and Findings Aids ...... (869–032–00047–6) ...... 45.00 Jan. 1, 1997 Complete 1997 CFR set ...... 951.00 1997 Microfiche CFR Edition: Subscription (mailed as issued) ...... 247.00 1997 Individual copies ...... 1.00 1997 Complete set (one-time mailing) ...... 264.00 1996 Complete set (one-time mailing) ...... 264.00 1995 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period Apr. 1, 1990 to Mar. 31, 1997. The CFR volume issued April 1, 1990, should be retained. 5 No amendments were promulgated during the period October 1, 1995 to September 30, 1996. The CFR volume issued October 1, 1995 should be retained. 6 No amendments to this volume were promulgated during the period July 1, 1996 to June 30, 1997. The volume issued July 1, 1996, should be retained.

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