Pages 47265±47452 Vol. 60 9±12±95 No. 176 federal register September 12,1995 Tuesday this issue. Atlanta, GA,seeannouncementontheinsidecoverof For informationonbriefingsinWashington,DCand Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995
SUBSCRIPTIONS AND COPIES
PUBLIC Subscriptions: Paper or fiche 202–512–1800 FEDERAL REGISTER Published daily, Monday through Friday, Assistance with public subscriptions 512–1806 (not published on Saturdays, Sundays, or on official holidays), by Online: the Office of the Federal Register, National Archives and Records Telnet swais.access.gpo.gov, login as newuser 2 III Contents Federal Register Vol. 60, No. 176 Tuesday, September 12, 1995 Agency for International Development NOTICES NOTICES Agency information collection activities under OMB Housing guaranty program: review, 47348 Indonesia, 47399–47400 Defense Department Agency for Toxic Substances and Disease Registry See Army Department NOTICES See Navy Department Meetings: Public Health Service Activities and Research at DOE Defense Nuclear Facilities Safety Board Sites Citizens Advisory Committee, 47390–47391 NOTICES Meetings; Sunshine Act, 47438–47439 Agriculture Department Education Department See Food Safety and Inspection Service NOTICES See Forest Service Agency information collection activities under OMB review: Army Department Proposed agency information collection activities; NOTICES comment request, 47352–47354 Environmental statements; availability, etc.: Grants and cooperative agreements; availability, etc.: Base realignment and closure— Elementary and secondary education— Woodbridge Research Facility, VA, 47350 Coordinated services projects, 47354–47355 Postsecondary education: Arts and Humanities, National Foundation Federal work-study programs See National Foundation on the Arts and the Humanities Compensation requirement for students employed in community service jobs; waiver request, 47355– Assassination Records Review Board 47356 NOTICES Meetings; Sunshine Act, 47438 Energy Department See Energy Information Administration Centers for Disease Control and Prevention See Federal Energy Regulatory Commission NOTICES RULES Agency information collection activities under OMB Acquisition regulations: review: Federal regulatory review, 47304–47309 Proposed agency information collection activities; NOTICES comment request, 47391–47393 Grant and cooperative agreement awards: Grants and cooperative agreements; availability, etc.: Underground Injection Practices Research Foundation, Human immunodeficiency virus (HIV)— 47357 Prevention, 47393–47395 Meetings: Meetings: International Energy Agency Industry Advisory Board, Tuberculosis Elimination Advisory Council, 47395–47396 47356 Coast Guard Energy Information Administration RULES NOTICES Drawbridge operations: Agency information collection activities under OMB Florida, 47270 review: Ports and waterways safety: Proposed agency information collection activities; Little Kanawha River, WV; safety zone, 47271–47273 comment request, 47357–47360 Ohio River, OH; regulated navigation area, 47270–47271 Regattas and marine parades: Environmental Protection Agency Hampton Bay Days Festival, 47269–47270 RULES San Francisco Bay Navy Fleetweek Parade of Ships and Air programs: Blue Angels Demonstration, 47269 Outer Continental Shelf regulations— PROPOSED RULES California, 47292–47296 Drawbridge operations: Air quality implementation plans; approval and California, 47317–47318 promulgation; various States; air quality planning purposes; designation of areas: Commerce Department Louisiana, 47280–47285 See International Trade Administration Air quality implementation plans; approval and See National Oceanic and Atmospheric Administration promulgation; various States: RULES Alaska et al., 47376–47280 Acquisition regulations: California, 47273–47276 Federal regulatory review, 47309–47310 Maine, 47285–47288 IV Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Contents New Hampshire, 47288–47290 PROPOSED RULES Tennessee, 47290 Radio stations; table of assignments: Wyoming, 47290–47292 Oregon, 47337–47338 Air quality planning purposes; designation of areas: NOTICES Wyoming, 47297–47300 Rulemaking proceedings; petitions filed, granted, denied, Clean Air Act: etc., 47365 State operating permits programs— Louisiana, 47296–47297 Federal Energy Regulatory Commission Hazardous waste: NOTICES State underground storage tank program approvals— Hydroelectric applications, 47360–47361 Vermont, 47300–47302 Applications, hearings, determinations, etc.: PROPOSED RULES Alabama-Tennessee Natural Gas Co., 47361 Air quality implementation plans; approval and Algonquin Gas Transmission Co., 47361–47362 promulgation; various States; air quality planning ANR Pipeline Co., 47362 purposes; designation of areas: Colorado Interstate Gas Co., 47362 Louisiana, 47324 Columbia Gulf Transmission Co., 47362 Air quality implementation plans; approval and Florida Gas Transmission Co., 47363 promulgation; various States: Koch Gateway Pipeline Co., 47363 Alaska et al., 47319 Mobile Bay Pipeline Co., 47363–47364 California, 47318–47319 Tennessee Gas Pipeline Co., 47364 Maine, 47319 Transcontinental Gas Pipe Line Corp., 47364 New Hampshire, 47319–47320 Virginia, 47320–47324 Federal Financial Institutions Examination Council Air quality planning purposes; designation of areas: NOTICES Wyoming, 47325 State certified and licensed appraisers; temporary practice Superfund program: and reciprocity agreements and arrangements, 47365– Toxic chemical release reporting; community right-to- 47368 know— Zinc oxide, 47334–47337 Federal Highway Administration Water pollution control: NOTICES Clean Water Act— Grants and cooperative agreements; availability, etc.: Pollutant analysis; test procedures guidelines; meeting Pilot State highway safety program, 47418–47421 and documents availability, 47325–47334 Motor carrier safety standards: NOTICES Mississippi commercial motor vehicle safety law, review; Agency information collection activities under OMB preemption determination, 47421–47422 review, 47364–47365 Federal Reserve System Executive Office of the President NOTICES See Presidential Documents Meetings; Sunshine Act, 47439 Applications, hearings, determinations, etc.: Federal Aviation Administration First Union Corp. et al., 47368 RULES Passumpsic Bancorp, Inc., et al., 47368–47369 Airspace designations and reporting points; incorporation Titus, Louis G., et al., 47369 by reference, 47266–47267 Airworthiness directives: Federal Trade Commission Learjet, 47265–47266 NOTICES PROPOSED RULES Prohibited trade practices: Airworthiness directives: Columbia/HCA Healthcare Corp., 47369–47376 Boeing, 47314 NOTICES Phillips Petroleum Co. et al., 47376–47390 Airport rates and charges; policy statement Meetings, 47433–47435 Federal Transit Administration PROPOSED RULES Federal Communications Commission Buy America requirements; statutory amendments; RULES implementation, 47442–47445 Frequency allocations and radio treaty matters: Class A, B, and S emergency position indicating Financial Management Service radiobeacons (EPIRBs); testing procedure; correction, See Fiscal Service 47302 Industrial, scientific, and medical equipment: Fiscal Service Magnetic resonance systems; unnecessary regulations NOTICES elimination; correction, 47302 Surety companies acceptable on Federal bonds: Radio services, special: RLI Insurance Co., 47436 Private land mobile services— Modification of policies governing use of bands below Fish and Wildlife Service 800 MHz, 47303–47304 PROPOSED RULES Radio stations; table of assignments: Endangered and threatened species: Michigan, 47303 Bruneau hot springsnail, 47339–47340 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Contents V Canelo Hills ladies’-tresses, etc. (three wetland species in Motor vehicle use restrictions: southern Arizona and northern Sonora), 47340– Oregon, 47397 47341 Recreation management restrictions, etc.: Findings on petitions, etc.— Yellowbottom Recreation Site, Salem District, OR; Walleye (southern population), 47338–47339 overnight camping restriction, 47397 NOTICES Endangered and threatened species: Recovery plans— Minerals Management Service Pahranagat Valley, NV; aquatic and riparian species, NOTICES 47398–47399 Agency information collection activities under OMB review, 47397–47398 Food and Drug Administration RULES National Aeronautics and Space Administration Organization, functions, and authority delegations: RULES Center for Devices and Radiological Health, 47267–47269 Acquisition regulations: NOTICES Software copyright assignment, 47310–47312 Meetings: Health professional organizations representatives, 47396 National Foundation on the Arts and the Humanities Food Safety and Inspection Service NOTICES NOTICES Meetings: Reports; availability, etc.: Museum Advisory Penal, 47401 Top-to-bottom review; agency’s future roles, resource Partnership Advisory Panel, 47401 allocation and organizational structure, 47346–47348 Visual Arts Advisory Panel, 47401 Forest Service National Highway Traffic Safety Administration NOTICES NOTICES Meetings: Highway safety program: National Urban and Community Forestry Advisory FY 1996 State pilot program, 47418–47421 Council, 47348 Motor vehicle safety standards: Olympic Provincial Interagency Executive Committee Nonconforming vehicles— Advisory Committee, 47348 Importation eligibility; determinations, 47423–47427 Motor vehicle safety standards; exemption petitions, etc.: Health and Human Services Department Cantab Motors, Ltd., 47422–47423 See Agency for Toxic Substances and Disease Registry Motor vehicle theft prevention standard: See Centers for Disease Control and Prevention Passenger motor vehicle theft data (1993 CY), 47429– See Food and Drug Administration 47433 See Public Health Service Motor vehicle theft prevention standard; exemption NOTICES petitions, etc.: Scientific misconduct findings; administrative actions: Nassau Technologies, Inc., 47427–47429 Landay, Alan L., Ph.D., 47390 Interior Department National Institute of Corrections See Fish and Wildlife Service NOTICES See Land Management Bureau Committees; establishment, renewal, termination, etc.: See Minerals Management Service Prison Construction Standardization and Techniques See Surface Mining Reclamation and Enforcement Office Task Force, 47400–47401 International Development Cooperation Agency National Oceanic and Atmospheric Administration See Agency for International Development RULES International Trade Administration Fishery conservation and management: NOTICES Bering Sea and Aleutian Islands groundfish, 47313 Antidumping and countervailing duties: Limited access management of Federal fisheries in and Administrative review requests, 47349–47350 off of Alaska Groundfish and crab moratorium; correction, 47312– Interstate Commerce Commission 47313 PROPOSED RULES NOTICES Fishery conservation and management: Meetings: Gulf of Mexico reef fish, 47341–47345 National Grain Car Council, 47400 NOTICES Meetings: Justice Department North Pacific Fishery Management Council, 47350 See National Institute of Corrections Land Management Bureau National Science Foundation NOTICES NOTICES Closure of public lands: Antarctic Conservation Act of 1978; permit applications, Nevada, 47396–47397 etc., 47401–47402 VI Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Contents Navy Department Surface Mining Reclamation and Enforcement Office NOTICES PROPOSED RULES Environmental statements; availability, etc.: Permanent program and abandoned mine land reclamation Base realignment and closure— plan submissions: Mare Island Naval Shipyard, CA, 47351 Kansas, 47314–47316 Naval Medical Center Oakland, CA, 47351–47352 Texas, 47316–47317 Meetings: Naval Academy, Board of Visitors, 47350–47351 Toxic Substances and Disease Registry Agency Nuclear Regulatory Commission See Agency for Toxic Substances and Disease Registry PROPOSED RULES Reactor site criteria: Transportation Department Seismic and earthquake engineering criteria for nuclear See Coast Guard power plants See Federal Aviation Administration Nuclear Energy Institute and other industry See Federal Highway Administration representatives; non-seismic aspects; meeting, See Federal Transit Administration 47314 See National Highway Traffic Safety Administration NOTICES Environmental statements; availability, etc.: Pennsylvania Power & Light Co., 47402–47403 Treasury Department Meetings: See Fiscal Service Nuclear power plants; steam generator tube integrity; NOTICES international workshop, 47403–47413 Privacy Act: Meetings; Sunshine Act, 47439 Systems of records, 47435–47436 Reports; availability, etc.: Waste burial charges, 47414 Veterans Affairs Department Pennsylvania Avenue Development Corporation NOTICES NOTICES Meetings: Meetings; Sunshine Act, 47439 Medical Research Services Cooperative Studies Evaluation Committee, 47436–47437 Presidential Documents PROCLAMATIONS Special observances: America Goes Back to School (Proc. 6819), 47449–47450 Separate Parts In This Issue Classical Music Month (Proc. 6820), 47451 Part II Public Health Service Department of Transportation, Federal Transit See Agency for Toxic Substances and Disease Registry Administration, 47442–47445 See Centers for Disease Control and Prevention See Food and Drug Administration NOTICES Part III Agency information collection activities under OMB The President, 47449–47451 review: Proposed agency information collection activities; comment request, 47396 Reader Aids Securities and Exchange Commission Additional information, including a list of public laws, NOTICES telephone numbers, and finding aids, appears in the Reader Meetings; Sunshine Act, 47439 Aids section at the end of this issue. Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 47414–47417 Pacific Stock Exchange, Inc., 47417–47418 Electronic Bulletin Board Small Business Administration Free Electronic Bulletin Board service for Public Law NOTICES numbers, Federal Register finding aids, and a list of Applications, hearings, determinations, etc.: documents on public inspection is available on 202–275– Pioneer Ventures L.P. II, 47418 1538 or 275–0920. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Contents VII CFR PARTS AFFECTED IN THIS ISSUE A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue. 3 CFR 1336...... 47309 1337...... 47309 Proclamations: 1342...... 47309 6819...... 47449 1345...... 47309 6820...... 47451 1827...... 47310 10 CFR 1852...... 47310 Proposed Rules: 49 CFR 50...... 47314 Proposed Rules: 52...... 47314 661...... 47442 100...... 47314 14 CFR 50 CFR 39...... 47265 671...... 47312 71...... 47266 672...... 47312 675 (2 documents) ...... 47312, Proposed Rules: 47313 39...... 47314 676...... 47312 21 CFR 677...... 47312 5...... 47267 Proposed Rules: 30 CFR 17 (3 documents) ...... 47338, 47339, 47340 Proposed Rules: 641...... 47341 916...... 47314 943...... 47316 33 CFR 100 (2 documents) ...... 47269 117...... 47270 165 (2 documents) ...... 47270, 47271 Proposed Rules: 117...... 47317 40 CFR 52 (7 documents) ...... 47273, 47276, 47280, 47285, 47288, 47290 55...... 47292 70...... 47296 81 (2 documents) ...... 47280, 47297 282...... 47300 Proposed Rules: 52 (6 documents) ...... 47318, 47319, 47320, 47324 81 (2 documents) ...... 47324, 47325 136...... 47325 372...... 47334 47 CFR 2...... 47302 18...... 47302 73...... 47303 90...... 47303 Proposed Rules: 73...... 47337 48 CFR 9...... 47304 1301...... 47309 1302...... 47309 1304...... 47309 1305...... 47309 1306...... 47309 1307...... 47309 1308...... 47309 1309...... 47309 1314...... 47309 1315...... 47309 1316...... 47309 1317...... 47309 1319...... 47309 1322...... 47309 1324...... 47309 1325...... 47309 1331...... 47309 1332...... 47309 1333...... 47309 1334...... 47309 47265 Rules and Regulations Federal Register Vol. 60, No. 176 Tuesday, September 12, 1995 This section of the FEDERAL REGISTER Capitol Street, NW., suite 700, The cost of required parts will be contains regulatory documents having general Washington, DC. approximately $3,050 per airplane. applicability and legal effect, most of which FOR FURTHER INFORMATION CONTACT: C. Based on these figures, the total cost are keyed to and codified in the Code of Dale Bleakney, Aerospace Engineer, impact of the optional terminating Federal Regulations, which is published under action is $3,890 per airplane. 50 titles pursuant to 44 U.S.C. 1510. ACE–130W, Systems and Equipment Branch, FAA, Wichita Aircraft The regulations adopted herein will The Code of Federal Regulations is sold by Certification Office, Small Airplane not have substantial direct effects on the the Superintendent of Documents. Prices of Directorate, 1801 Airport Road, Room States, on the relationship between the new books are listed in the first FEDERAL 100, Mid-Continent Airport, Wichita, national government and the States, or REGISTER issue of each week. Kansas 67209; telephone (316) 946– on the distribution of power and 4135; fax (316) 946–4407. responsibilities among the various SUPPLEMENTARY INFORMATION: A levels of government. Therefore, in DEPARTMENT OF TRANSPORTATION proposal to amend part 39 of the Federal accordance with Executive Order 12612, it is determined that this final rule does Federal Aviation Administration Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) not have sufficient federalism 14 CFR Part 39 that is applicable to certain Learjet implications to warrant the preparation Model 35, 35A, 36, 36A, 55, 55B, and of a Federalism Assessment. For the reasons discussed above, I [Docket No. 95±NM±25±AD; Amendment 55C airplanes was published in the 39±9365; AD 95±19±04] Federal Register on May 16, 1995 (60 certify that this action (1) is not a FR 26003). That action proposed to ‘‘significant regulatory action’’ under Airworthiness Directives; Learjet require installation of a placard on the Executive Order 12866; (2) is not a Model 35, 35A, 36, 36A, 55, 55B, and instrument panel in the cockpit to ‘‘significant rule’’ under DOT 55C Airplanes advise the flightcrew that the Omega Regulatory Policies and Procedures (44 navigation system may be inoperative FR 11034, February 26, 1979); and (3) AGENCY: Federal Aviation will not have a significant economic Administration, DOT. when engine speed reaches 92.5% N2. Interested persons have been afforded impact, positive or negative, on a ACTION: Final rule. an opportunity to participate in the substantial number of small entities making of this amendment. No under the criteria of the Regulatory SUMMARY: This amendment adopts a comments were submitted in response Flexibility Act. A final evaluation has new airworthiness directive (AD), been prepared for this action and it is applicable to certain Learjet Model 35, to the proposal or the FAA’s determination of the cost to the public. contained in the Rules Docket. A copy 35A, 36, 36A, 55, 55B, and 55C of it may be obtained from the Rules airplanes, that requires installation of a The FAA has determined that air safety and the public interest require the Docket at the location provided under placard on the instrument panel in the the caption ADDRESSES. cockpit to advise the flightcrew that the adoption of the rule as proposed. There are approximately 710 Learjet Omega navigation system may be List of Subjects in 14 CFR Part 39 Model 35, 35A, 36, 36A, 55, 55B, and inoperative at certain engine speeds. 55C airplanes of the affected design in Air transportation, Aircraft, Aviation This amendment is prompted by reports the worldwide fleet. The FAA estimates safety, Safety. of loss of certain navigation signals that 177 airplanes of U.S. registry will during extended over water operation. Adoption of the Amendment be affected by this AD, that it will take The actions specified by this AD are Accordingly, pursuant to the approximately 1 work hour per airplane intended to prevent excessive deviation authority delegated to me by the to accomplish the required actions, and from the intended flight path due to loss Administrator, the Federal Aviation that the average labor rate is $60 per of navigation signals, which could result Administration amends part 39 of the work hour. The cost of required parts in a potentially low-fuel condition or a Federal Aviation Regulations (14 CFR (local manufacture of a placard) is traffic conflict. part 39) as follows: negligible. Based on these figures, the DATES: Effective October 12, 1995. total cost impact of the AD on U.S. PART 39ÐAIRWORTHINESS ADDRESSES: The service information operators is estimated to be $10,620, or DIRECTIVES referenced in this AD may be obtained $60 per airplane. from Gates Learjet, Mid-Continent The total cost impact figure discussed 1. The authority citation for part 39 Airport, P. O. Box 7707, Wichita, Kansas above is based on assumptions that no continues to read as follows: 67277. This information may be operator has yet accomplished any of Authority: 49 USC 106(g), 40101, 40113, examined at the Federal Aviation the requirements of this AD action, and 44701. Administration (FAA), Transport that no operator would accomplish Airplane Directorate, Rules Docket, those actions in the future if this AD § 39.13 [Amended] 1601 Lind Avenue, SW., Renton, were not adopted. 2. Section 39.13 is amended by Washington; or at the FAA, Wichita Should an operator elect to adding the following new airworthiness Aircraft Certification Office, Small accomplish the optional terminating directive: Airplane Directorate, 1801 Airport action that is provided by this AD 95–19–04 Learjet: Amendment 39–9365. Road, Room 100, Mid-Continent action, it will take approximately 14 Docket 95–NM–25–AD. Airport, Wichita, Kansas; or at the work hours to accomplish it, at an Applicability: Model 5, 35A, 36, 36A, 55, Office of the Federal Register, 800 North average labor rate of $60 per work hour. 55B, and 55C airplanes; equipped with 47266 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations Global Wulfsburg GNS 500, GNS–1000, and Note 2: Information concerning the September 16, 1994, listed Class A, GNS-X Flight Management Systems, existence of approved alternative methods of Class B, Class C, Class D, and Class E certificated in any category. compliance with this AD, if any, may be airspace areas and reporting points. Due Note 1: This AD applies to each airplane obtained from the Wichita ACO. to the length of these descriptions, the identified in the preceding applicability (e) Special flight permits may be issued in FAA requested approval from the Office provision, regardless of whether it has been accordance with sections 21.197 and 21.199 of the Federal Register to incorporate modified, altered, or repaired in the area of the Federal Aviation Regulations (14 CFR the material by reference in the Federal 21.197 and 21.199) to operate the airplane to subject to the requirements of this AD. For Aviation Regulations (FAR) section 71.1 airplanes that have been modified, altered, or a location where the requirements of this AD repaired so that the performance of the can be accomplished. (14 CFR section 71.1). The Director of requirements of this AD is affected, the (f) This amendment becomes effective on the Federal Register approved the owner/operator must use the authority October 12, 1995. incorporation by reference of FAA provided in paragraph (d) of this AD to Issued in Renton, Washington, on Order 7400.9B in section 71.1, effective request approval from the FAA. This September 5, 1995. September 16, 1994, through September approval may address either no action, if the Darrell M. Pederson, 15, 1995. During the incorporation by current configuration eliminates the unsafe Acting Manager, Transport Airplane reference period, the FAA processed all condition; or different actions necessary to Directorate, Aircraft Certification Service. proposed changes of the airspace address the unsafe condition described in [FR Doc. 95–22457 Filed 9–11–95; 8:45 am] listings in FAA Order 7400.9B in full this AD. Such a request should include an text as proposed rule documents in the BILLING CODE 4910±13±U assessment of the effect of the changed Federal Register. Likewise, all configuration on the unsafe condition addressed by this AD. In no case does the amendments of these listings were presence of any modification, alteration, or Federal Aviation Administration published in full text as final rules in repair remove any airplane from the the Federal Register. This rule reflects applicability of this AD. 14 CFR Part 71 the periodic integration of these final rule amendments into a revised edition Compliance: Required as indicated, unless [Docket No. 28306; Amendment No. 71±26] accomplished previously. of Airspace Designations and Reporting To prevent excessive deviation from the Airspace Designation; Incorporation Points, Order 7400.9C. The Director of intended flight path which, if the aircraft is By Reference the Federal Register has approved the on an extended overwater operation, may incorporation by reference of FAA lead to a potential low-fuel condition or a AGENCY: Federal Aviation Order 7400.9C in section 71.1, as of traffic conflict operation, accomplish the Administration (FAA), DOT. September 16, 1995, through September following: ACTION: Final rule. 15, 1996. This rule also explains the (a) Within 60 days after the effective date procedures the FAA will use to amend of this AD, install a placard in a prominent SUMMARY: This action amends the location on the instrument panel that states: the airspace designations incorporated ‘‘VLF/OMEGA MAY BE INOPERATIVE AT Federal Aviation Regulations relating to by reference in part 71. Sections 71.5, airspace designations to reflect the 92.5% N2’’ 71.31, 71.33, 71.41, 71.51, 71.61, 71.71, (b) For Model 35 airplanes, serial numbers approval by the Director of the Federal 71.79, and 71.901 are also updated to 35–001 through 35–603 inclusive; and Model Register of the incorporation by reflect the incorporation by reference of 36, serial numbers 36–001 through 36–053 reference of FAA Order 7400.9C, FAA Order 7400.9C. inclusive: Installation of a GNS 500/1000 Airspace Designations and Reporting The Rule generator band reject filter in accordance Points. This action also explains the with Gates Learjet Airplane Accessory Kit procedures the FAA will use to amend This action amends part 71 of the Model AAK 85–1, dated January 14, 1986, as the listings of Class A, Class B, Class C, Federal Aviation Regulations to reflect revised by Airplane Accessory Kit Change Class D, and Class E airspace areas and the approval by the Director of the Notice AAK–85–1, Change 1 (undated), Federal Register of the incorporation by constitutes terminating action for the placard reporting points incorporated by requirement of paragraph (a) of this AD. reference. reference of FAA Order 7400.9C Following installation of the filter, the EFFECTIVE DATE: These regulations are effective September 16, 1995, through placard required by paragraph (a) of this AD effective September 16, 1995, through September 15, 1996. During the may be removed. September 15, 1996. The incorporation incorporation by reference period, the (c) For Model 55 airplanes, serial numbers by reference of FAA Order 7400.9C is FAA will continue to process all 55–003 through 55–124 inclusive: approved by the Director of the Federal proposed changes of the airspace Installation of a GNS 500/1000 generator listings in FAA Order 7400.9C in full band reject filter in accordance with Gates Register as of September 16, 1995, through September 15, 1996. text as proposed rule documents in the Learjet Airplane Accessory Kit Model 55 Federal Register. Likewise, all AAK 55–85–2, dated January 14, 1986, as FOR FURTHER INFORMATION CONTACT: amendments of these listings will be revised by Airplane Accessory Kit Change Brenda Brown, Airspace and published in full text as final rules in Notice AAK No. AAK55–85–2, Change 1 Obstruction Evaluation Branch (ATP– (undated), constitutes terminating action for the Federal Register. The FAA will 240), Airspace-Rules and Aeronautical periodically integrate all final rule the placard requirement of paragraph (a) of Information Division, Air Traffic Rules this AD. Following installation of the filter, amendments into a revised edition of the placard required by paragraph (a) of this and Procedures Service, Federal the Order, and submit the revised AD may be removed. Aviation Administration, 800 edition to the Director of the Federal (d) An alternative method of compliance or Independence Avenue, SW., Register for approval for incorporation adjustment of the compliance time that Washington, DC 20591; telephone: (202) by reference in section 71.1. provides an acceptable level of safety may be 267–9235. The FAA has determined that this used if approved by the Manager, Manager, action: (1) is not a ‘‘significant Wichita Aircraft Certification Office (ACO), SUPPLEMENTARY INFORMATION: regulatory action’’ under Executive FAA, Small Airplane Directorate. Operators History shall submit their requests through an Order 12866; (2) is not a ‘‘significant appropriate FAA Principal Maintenance FAA Order 7400.9B, Airspace rule’’ under DOT Regulatory Policies Inspector, who may add comments and then Designations and Reporting Points, and Procedures (44 FR 11034; February send it to the Manager, Wichita ACO. dated July 18, 1994, and effective 26, 1979); and (3) does not warrant Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47267 preparation of a regulatory evaluation as Administration, Office of the Chief Issued in Washington, DC, August 23, the anticipated impact is so minimal. Counsel, AGC–200, Room 915G, 800 1995. This action neither places any new Independence Avenue, SW., Nancy B. Kalinowski, restrictions or requirements on the Washington, D.C. weekdays between Acting Manager, Airspace-Rules and public, nor changes the dimensions or 8:30 a.m. and 5:00 p.m., or at the Office Aeronautical Information Division. operating requirements of the airspace of the Federal Register, 800 North [FR Doc. 95–22606 Filed 9–11–95; 8:45 am] listings incorporated by reference in Capitol Street, NW., Suite 700, BILLING CODE 4910±13±P part 71. Consequently, notice and public Washington, DC. This section is procedure under 5 U.S.C. 553(b) are effective September 16, 1995, through unnecessary. September 15, 1996. DEPARTMENT OF HEALTH AND List of Subjects in 14 CFR Part 71 HUMAN SERVICES § 71.5 [Amended] Airspace, Incorporation by reference, Food and Drug Administration Navigation (air). 3. Section 71.5 is amended by removing the words ‘‘FAA Order 21 CFR Part 5 Adoption of the Amendment 7400.9B’’ and adding, in their place, the In consideration of the foregoing, the words ‘‘FAA Order 7400.9C.’’ Delegations of Authority and Federal Aviation Administration Organization; Center for Devices and amends 14 CFR part 71 as follows: § 71.31 [Amended] Radiological Health 4. Section 71.31 is amended by PART 71Ð[AMENDED] AGENCY: Food and Drug Administration, removing the words ‘‘FAA Order HHS. 1. The authority citation for part 71 7400.9B’’ and adding, in their place, the ACTION: Final rule. continues to read as follows: words ‘‘FAA Order 7400.9C.’’ SUMMARY: The Food and Drug Authority: 49 U.S.C. 106(g); 40103, 40113, § 71.33 [Amended] 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Administration (FDA) is amending the 1963 Comp., p. 389; 14 CFR 11.69. 5. Paragraph (c) of § 71.33 is amended regulations that delegate authority of the 2. Section 71.1 is revised to read as by removing the words ‘‘FAA Order Commissioner of Food and Drugs (the follows: 7400.9B’’ and adding, in their place, the Commissioner) to ensure that words ‘‘FAA Order 7400.9C.’’ mammography facilities meet quality § 71.1 Applicability. standards under the Mammography The complete listing for all Class A, § 71.41 [Amended] Quality Standards Act of 1992 (the Class B, Class C, Class D, and Class E 6. Section 71.41 is amended by MQSA) (Pub. L. 102–593). The airspace areas and for all reporting removing the words ‘‘FAA Order authorities being redelegated include points can be found in FAA Order 7400.9B’’ and adding, in their place, the responsibilities under the MQSA that 7400.9C, Airspace Designations and words ‘‘FAA Order 7400.9C.’’ have not previously been redelegated by Reporting Points, dated August 17, the Commissioner. The title of the 1995. This incorporation by reference § 71.51 [Amended] delegation is being revised to reflect the was approved by the Director of the expansion of authorities. 7. Section 71.51 is amended by Federal Register in accordance with 5 EFFECTIVE DATE:September 12, 1995. removing the words ‘‘FAA Order U.S.C. 552(a) and 1 CFR part 51. The FOR FURTHER INFORMATION CONTACT: approval to incorporate by reference 7400.9B’’ and adding, in their place, the FAA Order 7400.9C is effective words ‘‘FAA Order 7400.9C.’’ Richard E. Gross, Center for Devices and Radiological Health (HFZ–200), Food September 16, 1995, through September § 71.61 [Amended] 15, 1996. During the incorporation by and Drug Administration, Piccard reference period, proposed changes to 8. Section 71.61 is amended by Bldg., 1350 Piccard Dr., Rockville, MD the listings of Class A, Class B, Class C, removing the words ‘‘FAA Order 20850, 301–443–2845, or Class D, and Class E airspace areas and 7400.9B’’ and adding, in their place, the Ellen R. Rawlings, Division of to reporting points will be published in words ‘‘FAA Order 7400.9C.’’ Management Systems and Policy full text as proposed rule documents in (HFA–340), Food and Drug the Federal Register. Amendments to § 71.71 [Amended] Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–443–4976. the listings of Class A, Class B, Class C, 9. Paragraphs (b), (c), (d), (e), and (f) Class D, and Class E airspace areas and of § 71.71 are amended by removing the SUPPLEMENTARY INFORMATION: FDA is to reporting points will be published in words ‘‘FAA Order 7400.9B’’ and amending § 5.85 (21 CFR 5.85) to full text as final rules in the Federal adding, in their place, the words ‘‘FAA redelegate authorities under the MQSA Register. Periodically, the final rule Order 7400.9C.’’ that were delegated to the amendments will be integrated into a Commissioner by the Acting Assistant revised edition of the order and § 71.79 [Amended] Secretary for Health on June 10, 1993. submitted to the Director of the Federal That delegation gave the Commissioner Register for approval for incorporation 10. Section 71.79 is amended by authority to implement 15 sections of by reference in this section. Copies of removing the words ‘‘FAA Order the MQSA (58 FR 32543). The FAA Order 7400.9C may be obtained 7400.9B’’ and adding, in their place, the Commissioner’s authority to issue from the Document Inspection Facility, words ‘‘FAA Order 7400.9C.’’ facility certificates was subsequently APA–220, Federal Aviation § 71.901 [Amended] redelegated to officials of the Center for Administration, 800 Independence Devices and Radiological Health in 21 Avenue, SW., Washington, DC 20591, 11. Paragraph (a) of § 71.901 is CFR 5.85 (59 FR 35849, July 14, 1994). (202) 267–3485. Copies of FAA Order amended by removing the words ‘‘FAA That section is now being amended to 7400.9C may be inspected in Docket No. Order 7400.9B’’ and adding, in their redelegate the Commissioner’s 28306 at the Federal Aviation place, the words ‘‘FAA Order 7400.9C.’’ additional authority under the MQSA to 47268 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations do the following: Issue and renew 2. Section 5.85 is revised to read as (2) The Director, Office of Health and certificates to mammography facilities; follows: Industry Programs, CDRH. receive applications for certificates; (3) The Director, Division of approve, withdraw approval from, and § 5.85 Authority to ensure that Mammography Quality and Radiation mammography facilities meet quality evaluate accreditation bodies; evaluate standards. Programs, Office of Health and Industry individual facility compliance with Programs, CDRH. quality standards by conducting (a) The following officials are (g) The following officials are inspections; impose sanctions; suspend authorized to issue, renew, and extend authorized to ensure that accreditation and revoke facility certificates; make certificates to mammography facilities bodies make on site visits and to information available to physicians and under section 354(c) of the Public determine whether other measures are the general public useful in evaluating Health Service Act (42 U.S.C. 263b): appropriate under section 354(e)(4)(A) (1) The Director and Deputy Director the performance of facilities; and and (e)(4)(B) of the Public Health for Regulations and Policy, Center for authorize States to carry out Service Act: Devices and Radiological Health certification requirements and (1) The Director and Deputy Director (CDRH). implement quality standards. The for Regulations and Policy, CDRH. (2) The Director, Office of Health and heading for § 5.85 is being revised to (2) The Director, Office of Health and Industry Programs, CDRH. reflect the expansion of authorities Industry Programs, CDRH. (3) The Director, Division of being redelegated. These authorities are (3) The Director, Division of Mammography Quality and Radiation redelegated to the Director and Deputy Mammography Quality and Radiation Programs, Office of Health and Industry Director for Regulations and Policy, Programs, Office of Health and Industry Programs, CDRH. Center for Devices and Radiological Programs, CDRH. (b) The following officials are Health (CDRH), the Director, Office of (h) The following officials are authorized to accept an application for Health and Industry Programs (OHIP), authorized to evaluate annually the a certificate under section 354(d)(1) of CDRH, and the Director, Division of performance of each approved the Public Health Service Act: accreditation body as provided by Mammography Quality and Radiation (1) The Director and Deputy Director Programs, OHIP, CDRH, as set forth in section 354(e)(6)(A) of the Public Health for Regulations and Policy, CDRH. Service Act: the regulation. These authorities are (2) The Director, Office of Health and directly related to current CDRH (1) The Director and Deputy Director Industry Programs, CDRH. for Regulations and Policy, CDRH. operations and programs. (3) The Director, Division of Further redelegation of the authority (2) The Director, Office of Health and Mammography Quality and Radiation delegated is not authorized at this time. Industry Programs, CDRH. Programs, Office of Health and Industry Authority delegated to a position by title (3) The Director, Division of Programs, CDRH. may be exercised by a person officially Mammography Quality and Radiation (c) The following officials are designated to serve in such position in Programs, Office of Health and Industry authorized to approve accreditation an acting capacity or on a temporary Programs, CDRH. bodies to accredit mammography basis. (i) The following officials are facilities under section 354(e)(1)(A) of authorized to determine the compliance List of Subjects in 21 CFR Part 5 the Public Health Service Act: of certified facilities with established Authority delegations (Government (1) The Director and Deputy Director standards through facility inspections as agencies), Imports, Organization and for Regulations and Policy, CDRH. provided by section 354(g) of the Public functions (Government agencies). (2) The Director, Office of Health and Health Service Act: Therefore, under the Federal Food, Industry Programs, CDRH. (1) The Director and Deputy Director Drug, and Cosmetic Act and under (d) The following officials are for Regulations and Policy, CDRH. authority delegated to the Commissioner authorized to ensure that accreditation (2) The Director, Office of Health and of Food and Drugs, 21 CFR part 5 is bodies provide satisfactory assurances Industry Programs, CDRH. amended as follows: of compliance under section (3) The Director, Division of 354(e)(1)(C) of the Public Health Service Mammography Quality and Radiation PART 5ÐDELEGATIONS OF Act: Programs, Office of Health and Industry AUTHORITY AND ORGANIZATION (1) The Director and Deputy Director Programs, CDRH. for Regulations and Policy, CDRH. (j) The Director and Deputy Director 1. The authority citation for 21 CFR (2) The Director, Office of Health and for Regulations and Policy, CDRH, are part 5 continues to read as follows: Industry Programs, CDRH. authorized to impose sanctions under Authority: 5 U.S.C. 504, 552, App. 2; 7 (3) The Director, Division of section 354(h)(1) and (h)(2) of the Public U.S.C. 138a, 2271; 15 U.S.C. 638, 1261–1282, Mammography Quality and Radiation Health Service Act. 3701–3711a; secs. 2–12 of the Fair Packaging Programs, Office of Health and Industry (k) The Director and Deputy Director and Labeling Act (15 U.S.C. 1451–1461); 21 Programs, CDRH. for Regulations and Policy, CDRH, are U.S.C. 41–50, 61–63, 141–149, 467f, 679(b), 801–886, 1031–1309; secs. 201–903 of the (e) The Director, CDRH, is authorized authorized to suspend or revoke Federal Food, Drug, and Cosmetic Act (21 to promulgate regulations under which individual facility certificates under U.S.C. 321–394); 35 U.S.C. 156; secs. 301, the Director may withdraw approval of section 354(i)(1) and (i)(2)(A) of the 302, 303, 307, 310, 311, 351, 352, 354, 361, accreditation bodies under section Public Health Service Act. 362, 1701–1706, 2101, 2125, 2127, 2128 of 354(e)(2) of the Public Health Service (l) The Director and Deputy Director the Public Health Service Act (42 U.S.C. 241, Act. for Regulations Policy, CDRH, are 242, 242a, 242l, 242n, 243, 262, 263, 263b, (f) The following officials are authorized to compile and make 264, 265, 300u–300u–5, 300aa–1, 300aa–25, authorized to determine the applicable available to physicians and the general 300aa–27, 300aa–28); 42 U.S.C. 1395y, public information the Director 3246b, 4332, 4831(a), 10007–10008; E.O. standards for a facility for accreditation 11490, 11921, and 12591; secs. 312, 313, 314 under section 354(e)(3) of the Public determines is useful in evaluating the of the National Childhood Vaccine Injury Act Health Service Act: performance of mammography facilities of 1986, Pub. L. 99–660 (42 U.S.C. 300aa–1 (1) The Director and Deputy Director as provided by section 354(l) of the note). for Regulations and Policy, CDRH. Public Health Service Act. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47269 (m)(1) The following officials may ‘‘Alpha’’, whichever time is later, unless Dated: August 30, 1995. authorize a State to carry out cancelled earlier by Commander, Coast D.D. Polk, certification program requirements and Guard Group San Francisco. Captain, U.S. Coast Guard, Commander, implement quality standards under Regulated area ‘‘Bravo’’ for the Blue Eleventh Coast Guard District, Acting. section 354(q)(1) and (q)(2) of the Public Angels practice flights becomes effective [FR Doc. 95–22530 Filed 09–11–95 8:45 am] Health Service Act: at 10 a.m. PDT, October 5 and 6, 1995 BILLING CODE 4910±14±M (i) The Director and Deputy Director and terminates at 4 p.m. on PDT each for Regulations and Policy, CDRH. day, unless cancelled earlier by (ii) The Director, Office of Health and Commander, Coast Guard Group San 33 CFR Part 100 Industry Programs, CDRH. Francisco. Regulated area ‘‘Bravo’’ for [CGD 05±95±028] (2) The Director, CDRH, is authorized, the Blue Angels demonstration and after providing notice and opportunity other airshow activities again becomes Special Local Regulations for Marine for corrective action, to withdraw the effective at 10 a.m. PDT, October 7, Events; Hampton Bay Days Festival; approval of a State’s authority to carry 1995, and 9:30 a.m., October 8, 1995, Hampton River, Hampton, VA out certification requirements and and terminates at 4 p.m. each day, implement quality standards under AGENCY: Coast Guard, DOT. unless cancelled earlier by Commander, section 354(q)(4) of the Public Health ACTION: Notice of implementation. Coast Guard Group San Francisco. Service Act. FOR FURTHER INFORMATION CONTACT: SUMMARY: This notice announces that 33 Dated: September 1, 1995. CFR 100.508 is in effect for the William B. Schultz, Lieutenant S. Cooley, Operations Officer, U.S. Coast Guard Group San Hampton Bay Days Festival, an annual Deputy Commissioner for Policy. Francisco, Yerba Buena Island, event to be held on September 9 and 10, [FR Doc. 95–22578 Filed 9–11–95; 8:45 am] California, 94130–5000; telephone: (415) 1995 on the Hampton River. These BILLING CODE 4160±01±F 399–3445. special local regulations are necessary to control vessel traffic in the immediate SUPPLEMENTARY INFORMATION: vicinity of this event. The effect will be DEPARTMENT OF TRANSPORTATION Discussion of Notice to restrict general navigation in the regulated area for the safety of Coast Guard The U.S. Navy/City of San Francisco spectators and participants. Fleetweek Navy Parade of Ships and the EFFECTIVE DATES: The regulations in 33 33 CFR Part 100 Navy Blue Angels Aerial Show is CFR 100.508 are effective from 7 a.m., [CGD11±95±007] scheduled for Saturday, October 7, September 9, 1995 until 7 p.m., 1995. Regulated area ‘‘Alpha’’ will September 10, 1995. RIN 2115±AA97 ensure unobstructed waters for safe FOR FURTHER INFORMATION CONTACT: navigation of the Parade of Navy Ships Special Local Regulations; San Mr. Stephen L. Phillips, Chief, Boating proceeding inbound via the Eastbound Francisco Bay Navy Fleetweek Parade Affairs Branch, Fifth Coast Guard San Francisco Bay Traffic Lane. of Ships and Blue Angels District, 431 Crawford Street, Following the ship parade, regulated Demonstration Portsmouth, Virginia 23704–5004 (804) area ‘‘Bravo’’ for the aerial 398–6204 or Commander, Coast Guard AGENCY: Coast Guard, DOT. demonstration by the U.S. Navy Blue Group Hampton Roads (804) 483–8567. Angels and other aircraft will ensure the ACTION: Notice of implementation. SUPPLEMENTARY INFORMATION: safety of the aircraft, vessels, and SUMMARY: This notice implements 33 persons onboard. In preparation for this Drafting Information CFR 100.1105 for the Navy Fleetweek demonstration, the Blue Angels will The drafters of this notice are QM1 Parade of Ships and Blue Angels conduct practice flights on October 5 Gregory C. Garrison, project officer, Demonstration, San Francisco Bay, and 6, 1995. An additional Blue Angels Boating Affairs Branch, Boating Safety California. This Fleetweek event aerial demonstration is scheduled for Division, Fifth Coast Guard District, and features a parade of ships sailing into October 8, 1995. The regulated area for LCDR J.C. Good, project attorney, Fifth the Bay and low level air shows the practice event and the performance Coast Guard District Legal Staff. performed by the Navy’s Blue Angels by the Blue Angels and other aircraft and other aircraft along the San will restrict vessel access to the marinas Discussion of Regulations Francisco waterfront. The regulations in and commercial docks along the San Hampton Bay Days, Inc. submitted an 33 CFR 100.1105 are necessary to Francisco waterfront. The short duration application to hold the Hampton Bay restrict vessel traffic in the regulated and minimal size of the regulated area Days Festival on September 9 and 10, areas during Fleetweek 1995 to ensure will minimize any inconvenience. 1995. The marine portion of the festival the safety of participants and spectators. Persons and vessels shall not enter or will consist of a parade of boats, water EFFECTIVE DATES: The regulations in 33 remain within the stated distances from ski shows, and assorted boat races. CFR 100.1105 are effective on Thursday, the Naval parade vessels in regulated There will also be a fireworks display October 5, 1995 through Sunday, area ‘‘Alpha,’’ or enter or remain within launched from within the regulated October 8, 1995, terminating on each of regulated area ‘‘Bravo,’’ unless area. The regulations in 33 CFR 100.508 those days at the end of the scheduled authorized by the Coast Guard Patrol govern the activities of the Hampton activity as follows: Commander. Fleetweek activities have Bay Days Festival held on the Hampton Regulated area ‘‘Alpha’’ for the Navy traditionally attracted a sizable fleet of River, in and around downtown Parade of Ships becomes effective at vessels, and large vessel operators Hampton, Virginia. Implementation of 8:30 a.m. PDT, October 7, 1995 and needing to transmit near Fleetweek 33 CFR 100.508 also implements as terminates at 12 noon PDT, October 7, activities are encouraged to make such special anchorage areas the spectator 1995 or when the last U.S. Naval vessel transits well before or after the regulated anchorages designated in that section in the column has exited regulated area area are in effect. for use by vessels during the event. 47270 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations Vessels less than 20 meters long may Environment 33 CFR Part 165 anchor in these areas without displaying [CGD02±95±015] the anchor lights and shapes required by Under section 2.B.2.e(32)(e) of Inland Navigation Rule 30 (33 U.S.C. Commandant Instruction M16475.1B, RIN 2115±AE84 2030(g)). this rule is categorically excluded from These regulations were specifically further environmental documentation. Regulated Navigation Area; Ohio River Mile 461.0 to 462.0 established to enhance the safety of the Federalism participants in and spectators of the AGENCY: Coast Guard, DOT. marine portions of the Hampton Bay The Coast Guard has analyzed this ACTION: Temporary final rule. Days Festival and the regulations are rule under the principles and criteria hereby implemented. contained in Executive Order 12612 and SUMMARY: The Coast Guard is Dated: August 29, 1995. has determined that this rule does not establishing a regulated navigation area have sufficient federalism implications N.V. Scurria, Jr., on the Ohio River from mile 461.0 to to warrant the preparation of a mile 462.0. This regulation is needed to Captain, U.S. Coast Guard, Commander, Fifth Federalism Assessment. Coast Guard District, Acting. protest and control recreational and [FR Doc. 95–22531 Filed 9–11–95; 8:45 am] Regulatory Evaluation commercial vessel traffic during three Jimmy Buffet concerts at the Riverbend BILLING CODE 4910±14±M This rule is not a significant Music Center, Cincinnati, Ohio. This regulatory action under section 3(f) of regulation will restrict general 33 CFR Part 117 Executive Order 12866 and does not navigation in the regulated area for the require an assessment of potential costs safety of recreational and commercial [CGD 07±95±20] and benefits under section 6(a)(3) of that vessels. order. It has not been reviewed by the EFFECTIVE DATES: This regulation is RIN 2115±AE47 Office of Management and Budget under effective between 8 p.m. and 11 p.m. that order. It is not significant under the EDST on September 22, 23, and 26, Drawbridge Operation Regulations; regulatory policies and procedures of 1995. Atlantic Intracoastal Waterway, FL the Department of Transportation (DOT) FOR FURTHER INFORMATION CONTACT: (44 FR 11040, February 26, 1979). The CWO Ken Smith, Operations Officer, AGENCY: Coast Guard, DOT. Coast Guard expects the economic Captain of the Port, Louisville, ACTION: Final rule. impact of this rule to be so minimal that Kentucky at (502) 582–5194. a full Regulatory Evaluation under SUMMARY: SUPPLEMENTARY INFORMATION: The Coast Guard is removing paragraph 10e of the regulatory policies the regulations governing the operation and procedures of DOT is unnecessary. Drafting Information of the Merrill Barber, State Road 60 We conclude this because the The principal persons involved in bridge, mile 951.9, at Vero Beach. This drawbridge no longer exists. drawbridge has been replaced by a fixed drafting this document are Chief bridge and there is no longer a need for List of Subjects in 33 CFR Part 117 Warrant Officer Ken Smith, Operations the regulation. Officer for the Captain of the Port Bridges. Louisville, Kentucky, and Lieutenant S. EFFECTIVE DATE: October 12, 1995. Moody, Project Attorney, Second Coast In consideration of the foregoing facts, FOR FURTHER INFORMATION CONTACT: Guard District Legal Office, St. Louis, part 117 of Title 33 of the Code of Mr. Walt Paskowsky, Project Manager, MO. Bridge Section, (305) 536–4103. Federal Regulations is amended as follows: SUPPLEMENTARY INFORMATION: In Regulatory History accordance with 5 U.S.C. 553, as notice PART 117ÐDRAWBRIDGE In accordance with 5 U.S.C. 553, a of proposed rulemaking has not been OPERATION REGULATIONS notice of proposed rulemaking has not published for these regulations, because been published for this regulation and there is no longer a need for the 1. The authority citation for Part 117 good cause exists for making it effective regulations as they pertain to a continues to read as follows: in less than 30 days from the date of drawbridge that no longer exists. publication. Overriding safety concerns Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 and short notice of scheduling of the Drafting Information CFR 1.05–1(g); Section 117.255 also issued event made following normal The principal persons involved in under the authority of Pub. L. 102–587, 106 rulemaking procedures impracticable. Stat. 5039. drafting this document are Walt Three Jimmy Buffet concerts at the Paskowsky, Project Manager, and LT 2. Section 117.261 paragraph (n) is Riverbend Music Center, an arena Commander Rob Wilkins, Project removed and reserved. located on the shores of the Ohio River, Counsel. are expected to attract hundreds of § 117.261 Atlantic Intracoastal Waterway Background and Purpose recreational vessels to the area. These from St. Mary's River to Key Largo. shoreside concerts are not marine events The Merrill Barber bridge was * * * * * and therefore the sponsors were not replaced by a high level fixed bridge on (n) [Removed and reserved] required to notify the Coast Guard of the March 1, 1995. The old drawbridge is in event. As a result, the Coast Guard did * * * * * the process of being removed from the not learn of the need for vessel traffic Dated: July 21, 1995. waterway. This removal is a control in time to publish a notice of requirement of the permit issued for the R.T. Rufe, Jr., proposed rulemaking. new bridge. The regulations in 33 CFR Rear Admiral, U.S. Coast Guard Commander, 117.261(n) governing the operation of Seventh Coast Guard District. Background and Purpose the old drawbridge are no longer [FR Doc. 95–22529 Filed 9–11–95; 8:45 am] For the past few years Jimmy Buffet necessary and are being removed. BILLING CODE 4910±14±M has performed annual concerts at the Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47271 Riverbend Music Center and over that 605(b) that this regulation, if adopted, (2) Recreational vessels within the period of time the concerts have will not have a significant economic area shall not anchor or moor in the increased in popularity. In the last few impact on a substantial number of small navigable channel. years, this particular concert series has entities. (3) The Captain of the Port, Louisville, attracted an increasingly large number Collection of Information Kentucky may, upon request, or for of spectator craft, posing a significant good cause, depending on on-scene hazard to navigation. This increased This rule contains no collection of conditions, authorize a deviation from number of vessels has contributed to an information requirements under the any regulation in this section if it is unusually high number of close calls Paperwork Reduction Act (44 U.S.C. found that proposed or needed between spectator craft and commercial 3501 et seq.). operations can be performed safely. traffic. The purpose of this regulation is Federalism Assessment (4) The Captain of the Port, Louisville, to establish navigation and operating Kentucky will notify the maritime restrictions which will serve to separate The Coast Guard has analyzed this community of river conditions affecting recreational vessels from commercial regulation under the principles and the area covered by this regulated vessel traffic, and if needed, to escort criteria contained in Executive Order navigation of by Marine Safety commercial traffic through the regulated 12612 and has determined that it does Information Radio Broadcast on VHF navigation zone. not raise sufficient federalism Marine Band Radio, Channel 22 (157.1 Regulatory Evaluation implications to warrant the preparation MHz). of a Federalism Assessment. This regulation is not a significant Dated: August 30, 1995. regulatory action under section 3(f) of Environmental Assessment Paul M. Blayney, Executive Order 12866 and does not The Coast Guard considered the Rear Admiral, U.S. Coast Guard Commander, Second Coast Guard District, St. Louis, MO require an assessment of potential costs environmental impact of this regulation and benefits under section 6(a)(3) of that and concluded that, under section 2.B.2 [FR Doc. 95–22528 Filed 9–11–95; 8:45 am] order. It has been exempted from review of Commandant Instruction M16475.1B, BILLING CODE 4910±14±M by the Office of Management and as revised by 59 FR 38654; July 29, Budget under that order. It is not 1994, this regulation is categorically significant under the regulatory policies 33 CFR Part 165 excluded from further environmental and procedures of the Department of documentation as an action required to Transportation (DOT) (44 FR 11040, protect public safety. [COTP Huntington 95±002] February 26, 1979). Because of the limited duration of the restrictions, the List of Subjects in 33 CFR Part 165 RIN 2115±AA97 Coast Guard expects the economic Harbors, Marine safety, Navigation impact of this proposal to be so minimal (water), Records and recordkeeping, Safety Zone; Little Kanawha River, Mile that a full Regulatory Evaluation under Security measures, Vessels, Waterways. 0.9 to 1.9, Worthington Creek Entrance, paragraph 10e of the regulatory policies Wood County, WV and procedures of DOT is unnecessary. Temporary Regulation To avoid any unnecessary adverse AGENCY: Coast Guard, DOT. In consideration of the foregoing, economic impact on businesses which ACTION: Temporary final rule. use the river for commercial purposes, subpart F of part 165 of Title 33, Code of Federal Regulations, is amended as Captain of the Port, Louisville, SUMMARY: The Coast Guard is follows: Kentucky will monitor river conditions establishing a safety zone on the Little and will amend restrictions in the PART 165Ð[AMENDED] Kanawha River, at the entrance to regulated area as conditions permit. Worthington Creek, Wood County, West Changes will be announced by Marine 1. The authority citations for part 165 Virginia, and all adjacent landside areas Safety Information Radio broadcast continues to read as follows: within a 500 foot radius of each specific (Broadcast Notice to Mariners) on VHF Authority: 33 U.S.C. 1231; 50 U.S.C. 191; explosive detonation site. This marine band radio, channel 22 (157.1 33 CFR 1.05–1(g), 6.04–1, 604–6, and 160.5; regulation is needed to control vessel MHz). Mariners may also call the Port 49 CFR 1.46. traffic in the regulated area to prevent Operations Officer, Captain of the Port, potential safety hazards for transiting Louisville, Kentucky at (502) 582–5194 2. A temporary § 165.T02–064 is vessels and the general public resulting for current information. added to read as follows: from the demolition of the East Street Small Entities § 165±T02±064 Regulation Navigation Bridge at mile 1.4, Little Kanawha River, Area: Ohio River. Parkersburg, West Virginia. Vessel Under the Regulatory Flexibility Act movements within this safety zone are (5 U.S.C. 601 et seq.), the Coast Guard (a) Location. The Ohio River between mile 461.0 and 462.0 is established as a permitted under the criteria set forth in must consider whether this proposal this regulation. will have a significant economic impact regulated navigation area. EFFECTIVE DATE: on a substantial number of small (b) Effective dates. This section is This regulation is entities. ‘‘Small entities’’ include effective between 8 p.m. and 11 p.m. effective at 6 a.m. EDT on September 11, independently owned and operated EDST on September 22, 23, and 26, 1995. It terminates on November 11, small businesses that are not dominant 1995. 1995 at 8 p.m. EST, unless terminated in their field and that otherwise qualify (c) Regulations. (1) Commercial sooner by the Captain of the Port as ‘‘small business concerns’’ under vessels transiting the regulated Huntington. section 3 of the Small Business Act (15 navigation area shall proceed at FOR FURTHER INFORMATION CONTACT: U.S.C. 632). minimum steerage and at the direction LT Sean Moon, Chief of the Port Because the Coast Guard expects the of Coast Guard officers or petty officers Operations Department, Captain of the impact of this proposal to be minimal, who will be patrolling the regulated area Port, Huntington, West Virginia at (304) the Coast Guard certifies under 5 U.S.C. on board Coast Guard vessels. 529–5524. 47272 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations SUPPLEMENTARY INFORMATION: radius of each specific blast site until Creek entrance must contact the on Drafting Information the hazard from the explosive scene contractor’s vessel for passing detonations is mitigated. instructions to ensure safe operation The drafters of this regulation are During critical phases of the within the safety zone. Local law LTJG Steven Frye, Project Officer, demolition project, the affected portions enforcement officials will reopen Marine Safety Office, Huntington, West of the Little Kanawha River, the landside areas immediately upon Virginia and LT S. Moody, Project entrance to Worthington Creek, and conclusion of blasting operations. Attorney, Second Coast Guard District adjacent landside areas in proximity to Notice of this safety zone and updates Legal Office. the blast site will be subject to periodic on periodic closures will also be Regulatory History closures. No vessels will be allowed to published in the Local Notice to transit the affected waterway when Mariners. In accordance with 5 U.S.C. 553, a blasting and steel removal operations The establishment of this safety zone notice of proposed rulemaking was not will impede safe navigation. published for this regulation and good regulation helps to ensure that vessels Additionally, local law enforcement will not transit the Little Kanawha River cause exists for making it effective in officials will secure landside areas as less than 30 days after Federal Register in the vicinity of the blasting area appropriate to safeguard the general during explosive detonations or when publication. Following normal public from the explosive hazard during rulemaking procedures would have the main channel is obstructed by detonations. submerged steel to eliminate attendant been impracticable. Specifically, Notification of river and creek risks associated with these operations. anticipated demolition operations, entrance closure will be made via The Captain of the Port will also work including explosive detonations, as part Broadcast Notice to Mariners at periods with local law enforcement officials to of a bridge removal project at mile 1.4, 24 hours, 2 hours, and 5 minutes prior protect the safety of the general public Little Kanawha River, Parkersburg, West to each blast. Notification will be via in adjacent landside areas. The safety Virginia, have created a situation which VHF radio channel 16. presents an immediate hazard to During all river and creek entrance zone also helps to ensure that navigation, life, and property. As a closures, two boats will be available for communication is established between result, the Coast Guard deems it to be in the security of the closed river area. The the contractors and vessels transiting the public’s best interest to issue a boats will be placed up and down the the waters within the safety zone during regulation immediately. river of the blasting area. These boats the noncritical phases of the demolition project. With proper communication Background and Purpose will patrol and warn any recreational/ commercial vessel traffic of the between both parties, the contractor is The activity requiring this regulation impending blast. assured of having ample time to comply is a bridge demolition undertaken as a No blasting will be permitted unless with any request to relocate work boats part of the replacement of a bridge all river and creek traffic is removed to temporarily to allow a vessel to navigate under United States Coast Guard Bridge a safe location outside of the blasting through the safety zone. Permit Number 3–95–2 dated March 29, area. No blasting will take place when Regulatory Evaluation 1995. The Captain of the Port there is restricted visibility (visibility Huntington received notice of the must be at least 1⁄2 mile). No blasting This regulation is not a significant intended explosive and demolition will take place unless the river stage is regulatory action under section 3(f) of operations August 14, 1995. The bridge at or will be during operations no more Executive Order 12866 and does not permit included the requirement that than four feet above normal pool. require an assessment of potential costs the existing bridge be demolished before Unless overtaken by circumstances, and benefits under section 6(a)(3) of that construction of the new bridge. periodic river and creek closures will be order. It has been exempted from review Waterside demolition operations, less than 24 hours in duration. Closures by the Office of Management and involving the use of crane barges and of Worthington Creek entrance will be Budget under that order. It is not under explosives in and near the navigation very abbreviated, during blasting the regulatory policies and procedures channel, will begin on or about operations only. Closures of the Little of the Department of Transportation September 11, 1995 at mile 1.4 on the Kanawha River will be during blasting (DOT) (44 FR 11040, February 26, 1979). Little Kanawha River. Completion of the and clearing operations and will remain The Coast Guard expects the economic bridge removal is expected to occur on in effect until the river is cleared and impact of this regulation to be so or before November 11, 1995. Bridge the safety of transiting vessels is minimal that a full Regulatory spans and bridge piers will be removed ensured. Local law enforcement officials Evaluation under paragraph 10e of the in sections, one at a time, over a period will restrict access and secure landside regulatory policies and procedures of of several months. In addition to the areas as necessary to protect the public DOT is unnecessary, due to the limited explosive hazard associated with several from explosive hazards. Road closures, duration of actual river closures. different detonations, the regular evacuations, and other appropriate Small Entities presence of a crane barge, tow boats and security measures will be imposed for submerged steel will pose an obstructive abbreviated periods only. The Coast Guard finds that the impact hazard to waterborne traffic operating in When the blasting and obstructive on small entities is not substantial. the vicinity of the project work site. In hazards have been mitigated, the Therefore, the Coast Guard certifies order to provide for the safety of vessel Captain of the Port Huntington will under section 605(b) of the Regulatory traffic and the general public, the reopen the river. Notification of the Flexibility Act (5 U.S.C. 601 et seq) that Captain of the Port Huntington intends reopening of the river will be via VHF this temporary rule will not have a to regulate vessel traffic in that portion radio on channel 16. The entrance to significant economic impact on a of the Little Kanawha River where the Worthington Creek will be reopened to substantial number of small entities. explosives and steel removal operations vessel traffic entering the Little Collection of Information will be taking place, and to work with Kanawha River upon the conclusion of local law enforcement officials to secure each blasting operation. Vessels This rule contains no collection of all landside areas within a 500 foot transiting to or from the Worthington information requirements under the Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47273 Paperwork Reduction Act (44 U.S.C. (ii) Communicate with the contract communicated that landside security is 3501 et seq.). vessel M/V WILLIAM H. ELLIOT on established and that landside portions channel 16 VHF–FM to arrange for safe of the safety zone are clear. Federalism Assessment passage through the safety zone at all (iii) Not initiate any blasting The Coast Guard has analyzed this other times, providing at least ten (10) operations in periods of restricted regulation under the principles and minutes advance notice prior to visibility (operator must ensure there is criteria contained in Executive Order transiting through the regulated area. clear bank-to-bank visibility). 12612 and has determined that it does (iii) Provide the contract vessel M/V (iv) Not initiate any blasting not raise sufficient federalism WILLIAM H. ELLIOT at least ten (10) operations in a period of forty-eight (48) implications to warrant the preparation minutes advance notice to move/ hours after it has been determined by of a Federalism Assessment. suspend operations in any case where the Captain of the Port that blasting Environmental Assessment the transiting vessel operator believes operations have been suspended for the the safe passage of any vessel or tow is scheduled date and time to allow proper The Coast Guard considered the jeopardized by the presence/operation rescheduling of demolition operations environmental impact of this regulation of the crane barge during operations not with federal and state representatives, and concluded that, under section 2.B.2 involving river closure. local authorities, and industry. of Commandant Instruction M16475.1B, (2) Vessels involved with the East (4) The Captain of the Port may, upon (as revised by 59 FR 38654, July 29, Street Bridge demolition operations request, authorize a deviation from any 1994) this regulation is categorically must, except those vessels with explicit rule in this section if he determines that excluded from further environmental permission from the Captain of the Port: the proposed operations can be done documentation. A Categorical Exclusion (i) M/V WILLIAM H. ELLIOT: safely. Determination is available in the docket Communicate with and arrange safe (5) The Captain of the Port may direct for inspection. passage through the safety zone for all the movement of any vessel within the List of Subjects in 33 CFR Part 165 vessels not involved in the demolition safety zone as appropriate to ensure the project. safe navigation of vessels through the Harbors, Marine safety, Navigation (ii) M/V WILLIAM H. ELLIOT: Initiate safety zone. (water), Records and recordkeeping appropriate broadcast notices to local requirements, Security measures, mariners over channel 16 VHF–FM 24 Dated: August 22, 1995, 4:30 p.m. EDT. Waterways. hours, 2 hours, and 5 minutes prior to G.H. Burns III, Temporary Regulation initiation of blasting operations. Lieutenant Commander, U.S. Coast Guard, (iii) M/V WILLIAM H. ELLIOT: Captain of the Port, Huntington, WV. In consideration of the foregoing, Ensure that all vessel traffic is outside [FR Doc. 95–22532 Filed 9–11–95; 8:45 am] subpart F of part 165 of Title 33, Code the area of the safety zone and the BILLING CODE 4910±14±M of Federal Regulations, is amended as waterside blast area is secured prior to follows: any explosive detonation, with that PART 165Ð[AMENDED] information effectively communicated ENVIRONMENTAL PROTECTION to the contractors conducting the AGENCY 1. The authority citation for Part 165 blasting. continues to read as follows: (iv) M/V WILLIAM H. ELLIOT: 40 CFR Part 52 Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Monitor operations involving steel and [CA 153±1±7165a; FRL±5278±7] 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; debris removal after each detonation 49 CFR 1.46 and, following clearance of the river, the Approval and Promulgation of 2. A temporary § 165.T02–003 is conduct of subsequent subsurface Implementation Plans; California State added, to read as follows: sweeps of the main channel. Implementation Plan Revision, El (v) M/V WILLIAM H. ELLIOT: Notify Dorado County Air Pollution Control § 165±T02±003 Safety Zone: Little the Coast Guard Captain of the Port District Kanawha River, Worthington Creek Huntington once a successful sweep has Entrance determined that the Little Kanawha AGENCY: Environmental Protection (a) Location. The Little Kanawha River main shipping channel is clear (a Agency (EPA). River between miles 0.9 and 1.9, the minimum underwater clearance of 15 ACTION: Direct final rule. entrance to Worthington Creek, Wood feet below normal river pool), with no County, West Virginia is established as obstructions to impede the safe SUMMARY: EPA is taking direct final a safety zone. navigation of vessels. action on revisions to the California (b) Effective dates. This section is (vi) All other contract vessels: State Implementation Plan. The effective on September 11, 1995 at 6 Relocate to a safe area prior to any revisions concern a rule from the El a.m. EDT. It terminates on November 11, blasting operations. Dorado County Air Pollution Control 1995 at 8 p.m. EST, unless terminated (3) AMERICAN BRIDGE COMPANY District (EDCAPCD). This rule controls sooner by the Captain of the Port must, except with explicit permission volatile organic compound (VOC) Huntington. from the Captain of the Port: emissions from lumber processing and (c) Regulations. (1) All vessels must, (i) Not detonate explosives if a vessel timber manufacturing operations. This except those vessels with explicit not involved with the blasting operation approval action will incorporate the rule permission from the Captain of the Port: is inside the safety zone, or if any into the federally approved SIP. (i) Remain outside the safety zone contract vessel has not relocated to a The intended effect of approving this during all periods of closure, as safe distance away from the blast area, rule is to regulate emissions of VOCs in announced by Coast Guard Broadcast as verified and communicated by the M/ accordance with the requirements of the Notice to Mariners and as enforced on V WILLIAM H. ELLIOT. Clean Air Act, as amended in 1990 scene by personnel from the Coast (ii) Not initiate any blasting (CAA or the Act). In addition, the final Guard Marine Safety Office Huntington, operations until local law enforcement action on this rule serves as a final WV. officials have verified and determination that the finding of 47274 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations nonsubmittal for this rule has been 1977 Act, that the above district’s following is EPA’s evaluation and final corrected and that on the effective date portion of the California SIP was action for Rule 234. of this action, any Federal inadequate to attain and maintain the EPA Evaluation and Action Implementation Plan (FIP) clock is ozone standard and requested that stopped. Thus, EPA is finalizing the deficiencies in the existing SIP be In determining the approvability of a approval of this revision into the corrected (EPA’s SIP-Call). On VOC rule, EPA must evaluate the rule California SIP under provisions of the November 15, 1990, the Clean Air Act for consistency with the requirements of CAA regarding EPA action on SIP Amendments of 1990 were enacted. the CAA and EPA regulations, as found submittals, SIPs for national primary Pub. L. 101–549, 104 Stat. 2399, in section 110 and part D of the CAA and secondary ambient air quality codified at 42 U.S.C. 7401–7671q. In and 40 CFR part 51 (Requirements for standards, and plan requirements for amended section 182(b)(2)(C) of the Preparation, Adoption, and Submittal of nonattainment areas. CAA, Congress statutorily required Implementation Plans). The EPA DATES: This final rule is effective on nonattainment areas to submit interpretation of these requirements, November 13, 1995 unless adverse or reasonably available control technology which forms the basis for today’s action, (RACT) rules for all major stationary appears in the various EPA policy critical comments are received by 5 October 12, 1995. If the effective date is sources of VOCs by November 15, 1992 guidance documents. Among those delayed, a timely notice will be (the RACT ‘‘catch-up’’ requirement). provisions is the requirement that a published in the Federal Register. At the time of enactment of the CAA VOC rule must, at a minimum, provide for the implementation of RACT for ADDRESSES: Copies of the rule and EPA’s amendments, the Sacramento Metro Area was classified as serious; 1 stationary sources of VOC emissions. evaluation report for the rule are This requirement was carried forth from available for public inspection at EPA’s therefore, this area was subject to the RACT catch-up requirement and the the pre-amended Act. Region IX office during normal business For the purpose of assisting state and hours. Copies of the submitted rule are November 15, 1992 deadline.2 The State of California submitted local agencies in developing RACT available for inspection at the following rules, EPA prepared a series of Control locations: many revised RACT rules for incorporation into its SIP on June 16, Technique Guideline (CTG) documents. Rulemaking Section (A–5–3), Air and 1995, including the rule being acted on The CTGs are based on the underlying Toxics Division, U.S. Environmental in this notice. This notice addresses requirements of the Act and specify the Protection Agency, Region IX, 75 EPA’s direct-final action for EDCAPCD’s presumptive norms for what is RACT Hawthorne Street, San Francisco, CA Rule 234, ‘‘VOC RACT Rule—Sierra for specific source categories. Under the 94105–3901. Pacific Industries.’’ EDCAPCD adopted CAA, Congress ratified EPA’s use of Environmental Protection Agency, Air these documents, as well as other Docket (6102), 401 ‘‘M’’ Street, SW., Rule 234 on April 25, 1995. This submitted rule was found to be Agency policy, for requiring States to Washington, DC 20460. ‘‘catch-up’’ their RACT rules. See California Air Resources Board, complete on July 31, 1995, pursuant to EPA’s completeness criteria that are set section 182(b)(2). For some categories, Stationary Source Division, Rule such as lumber processing and timber forth in 40 CFR part 51 Appendix V 3 Evaluation Section, 2020 ‘‘L’’ Street, manufacturing, EPA did not publish a and is being finalized for approval into Sacramento, CA 95814. CTG. In such cases, the state and local the SIP. El Dorado County Air Pollution Control agencies may determine what controls District, 330 Fair Lane, Placerville, CA Rule 234 controls VOC emissions from a waste-fired boiler (Boiler #3) at are required by reviewing the operation 95667. of facilities subject to the regulation and FOR FURTHER INFORMATION CONTACT: Sierra Pacific Industries in Camino, California. VOCs contribute to the evaluating regulations for similar Duane F. James, Rulemaking Section sources in other areas. Therefore, the production of ground level ozone and (A–5–3), Air and Toxics Division, U.S. EDCAPCD must determine the VOC smog. This rule was adopted as part of Environmental Protection Agency, control measures that are reasonable EDCAPCD’s effort to achieve the Region IX, 75 Hawthorne Street, San and available for Sierra Pacific based on National Ambient Air Quality Standard Francisco, CA 94105, Telephone: (415) its operations. Further interpretations of (NAAQS) for ozone and in response to 744–1191. EPA policy are found in the Blue Book, section 182(b)(2)(C). A similar rule was referred to in footnote 5. In general, SUPPLEMENTARY INFORMATION: promulgated by EPA on February 14, these guidance documents have been set 1995, as part of an ozone attainment Applicability forth to ensure that VOC rules are fully Federal Implementation Plan (FIP).4 The The rule being approved into the enforceable and strengthen or maintain the SIP. California SIP is EDCAPCD’s Rule 234, 1 The Sacramento Metro Area was reclassified ‘‘VOC RACT Rule—Sierra Pacific from serious to severe on June 1, 1995. See 60 FR EDCAPCD’s Rule 234, ‘‘VOC RACT Industries.’’ This rule was submitted by 20237 (April 25, 1995). Rule—Sierra Pacific Industries,’’ limits the California Air Resources Board to 2 California did not make the required SIP the emissions of volatile organic EPA on June 16, 1995. submittal by November 15, 1992. On March 29, 1994, the EPA made a finding of failure to make a published in the Federal Register. The FIP was Background submittal pursuant to section 179(a)(1), which rescinded by Congressional action on April 10, started an 18-month sanction clock. The rule being 1995. Pub. L. 104–6, Defense Supplemental On March 3, 1978, EPA promulgated acted on in this direct final rule was submitted in Appropriation, H.R. 889. a list of ozone nonattainment areas response to the EPA finding of failure to submit. 5 Among other things, the pre-amendment under the provisions of the Clean Air 3 EPA adopted the completeness criteria on guidance consists of those portions of the proposed February 16, 1990 (55 FR 5830) and, pursuant to Act, as amended in 1977 (1977 Act or post-1987 ozone and carbon monoxide policy that section 110(k)(1)(A) of the CAA, revised the criteria concern RACT, 52 FR 45044 (November 24, 1987); pre-amended Act), that included a on August 26, 1991 (56 FR 42216). ‘‘Issues Relating to VOC Regulation Cutpoints, portion of El Dorado County in the 4 The ozone attainment FIP was a court ordered Deficiencies, and Deviations, Clarification to Sacramento Metro Area. 43 FR 8964, 40 requirement, which applied to the Sacramento, Appendix D of November 24, 1987 Federal Register CFR 81.305. On May 26, 1988, EPA Ventura, and South Coast ozone nonattainment Notice’’ (Blue Book) (notice of availability was areas in California, and was not a result of the published in the Federal Register on (May 25, notified the Governor of California, March 29, 1994, findings letter. The final FIP rule 1988); and the existing control techniques guideline pursuant to section 110(a)(2)(H) of the was signed on February 14, 1995, but was not (CTGs). Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47275 compounds (VOCs) to 150 parts per If the EPA receives such comments, the Clean Air Act. These rules may bind million volume (ppmv) from a waste- this action will be withdrawn before the State, local, and tribal governments to fired boiler (Boiler #3) at Sierra Pacific. effective date by publishing a perform certain actions and also require This standard is maintained through subsequent document that will the private sector to perform certain any one or more of the following: (1) use withdraw the final action. All public duties. The rule being approved by this of fuel with a maximum moisture comments received will then be action will impose no new requirements content of 50%, (2) operation of the addressed in a subsequent final rule because the affected source is already boiler at optimal combustion based on this action serving as a subject to this regulation under State conditions, (3) proper operation and proposed rule. The EPA will not law. Therefore, no additional costs to maintenance of pollution control institute a second comment period on State, local, or tribal governments or to equipment, and/or (4) periodic this action. Any parties interested in the private sector result from this action. inspection, maintenance, and repairs on commenting on this action should do so EPA has also determined that this final the boiler and other equipment. Records at this time. If no such comments are action does not include a mandate that must be maintained of system operating received, the public is advised that this may result in estimated costs of $100 parameters, including temperatures, action will be effective November 13, million or more to State, local, or tribal pressures, fuel flow rate, steam 1995. governments in the aggregate or to the production rate, repair, fuel moisture, Regulatory Process private sector. and all VOC control measures. All This action has been classified as a records must be maintained for five Under the Regulatory Flexibility Act, Table 3 action for signature by the years. Compliance with the emission 5 U.S.C. 600 et seq., EPA must prepare Regional Administrator under the standard is demonstrated using EPA a regulatory flexibility analysis procedures published in the Federal Methods 25 or 25A. The APCO has to assessing the impact of any proposed or Register on January 19, 1989 (54 FR be notified within 48 hours if the final rule on small entities. 5 U.S.C. 603 2214–2225), as revised by a July 10, emission standard is exceeded. Final and 604. Alternatively, EPA may certify 1995 memorandum from Mary Nichols, compliance with Rule 234 is required by that the rule will not have a significant Assistant Administrator for Air and February 1, 1996. A more detailed impact on a substantial number of small Radiation. The Office of Management entities. Small entities include small discussion of the source controlled, the and Budget (OMB) has exempted this businesses, small not-for-profit controls required, and the justification action from review under Executive enterprises and government entities for why these controls represent RACT Order 12866. can be found in the Technical Support with jurisdiction over population of less List of Subjects in 40 CFR Part 52 Document (TSD) for Rule 234, dated than 50,000. SIP approvals under sections 110 and May 25, 1995. Environmental protection, Air 301(a) and subchapter I, Part D of the pollution control, Hydrocarbons, EPA has evaluated the submitted rule CAA do not create any new Incorporation by reference, and has determined that it is consistent requirements, but simply approve Intergovernmental relations, Ozone, with the CAA, EPA regulations, and requirements that the State is already Reporting and recordkeeping EPA policy. Therefore, EDCAPCD’s Rule imposing. Therefore, because the requirements, Volatile organic 234, ‘‘VOC RACT Rule—Sierra Pacific Federal SIP-approval does not impose compounds. Industries,’’ is being approved under any new requirements, I certify that it section 110(k)(3) of the CAA as meeting does not have a significant impact on Note: Incorporation by reference of the the requirements of section 110(a) and any small entities affected. Moreover, State Implementation Plan for the State of Part D. Therefore, if this direct final due to the nature of the Federal-state California was approved by the Director of the Federal Register on July 1, 1982. action is not withdrawn, on November relationship under the CAA, preparation 13, 1995, any FIP clock associated with of a regulatory flexibility analysis would Dated: August 10, 1995. the finding of failure to submit is constitute Federal inquiry into the Felicia Marcus, stopped. economic reasonableness of state action. Regional Administrator. Nothing in this action should be The CAA forbids EPA to base its actions Part 52, chapter I, title 40 of the Code construed as permitting or allowing or concerning SIPs on such grounds. establishing a precedent for any future of Federal Regulations is amended as Union Electric Co. v. U.S. E.P.A., 427 follows: request for revision to any state U.S. 246, 256–66 (S. Ct. 1976); 42 U.S.C. implementation plan. Each request for 7410 (a)(2). PART 52Ð[AMENDED] revision to the state implementation plan shall be considered separately in Unfunded Mandates 1. The authority citation for part 52 light of specific technical, economic, Under Sections 202, 203, and 205 of continues to read as follows: and environmental factors and in the Unfunded Mandates Reform Act of Authority: 42 U.S.C. 7401–7671q. relation to relevant statutory and 1995 (‘‘Unfunded Mandates Act’’), regulatory requirements. signed into law on March 22, 1995, EPA Subpart FÐCalifornia EPA is publishing this notice without must undertake various actions in prior proposal because the Agency association with proposed or final rules 2. Section 52.220 is amended by views this as a noncontroversial that include a Federal mandate that may adding paragraph (c)(222)(i)(B) to read amendment and anticipates no adverse result in estimated costs of $100 million as follows: comments. However, in a separate or more to the private sector or to State, document in this Federal Register local, or tribal governments in the § 52.220 Identification of plan. publication, the EPA is proposing to aggregate. * * * * * approve the SIP revision should adverse Through submission of this state (c) * * * or critical comments be filed. This implementation plan or plan revision, (222) * * * action will be effective November 13, the State and any affected local or tribal (i) * * * 1995, unless, October 12, 1995, adverse governments have elected to adopt the (B) El Dorado County Air Pollution or critical comments are received. program provided for under Part D of Control District. 47276 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations (1) Rule 234, adopted on April 25, SUPPLEMENTARY INFORMATION: responsibility of determining within six 1995. I. Background months of the December 31, 1994, * * * * * attainment date whether PM–10 [FR Doc. 95–22154 Filed 9–11–95; 8:45 am] A. CAA Requirements Concerning nonattainment areas have attained the Designation and Classification BILLING CODE 6560±50±W NAAQS. Determinations under section Areas meeting the requirements of 179(c)(1) of the Act are to be based upon section 107(d)(4)(B) of the Act 1 were an area’s ‘‘air quality as of the 40 CFR Part 52 designated nonattainment for PM–10 by attainment date.’’ Section 188(b)(2) is operation of law and classified consistent with this requirement. [AK±4±1±6027a, WA±7±1±5542a, WA±38±1± Generally, EPA will determine whether 6974a; FRL±5277±9] ‘‘moderate’’ upon enactment of the 1990 Clean Air Act Amendments. See an area’s air quality is meeting the PM– Clean Air Act Attainment Extensions generally Section 107(d)(4)(B). These 10 NAAQS for purposes of section for PM±10 Nonattainment Areas: areas included all former Group I PM– 179(c)(1) and 188(b)(2) based upon data Alaska and Washington 10 planning areas identified in 52 FR gathered at established State and Local 29383 (August 7, 1987), as further Monitoring Stations (SLAMS) in the AGENCY: Environmental Protection clarified in 55 FR 45799 (October 31, nonattainment area and entered into the Agency (EPA). 1990), and any other areas violating the Aerometric Information Retrieval ACTION: Direct final rule. National Ambient Air Quality Standards System (AIRS). Data entered into the (NAAQS) for PM–10 prior to January 1, AIRS has been determined by EPA to SUMMARY: This action identifies those 1989.2 A Federal Register notice meet federal monitoring requirements nonattainment areas in the State of announcing the areas designated (see 40 CFR 50.6 and appendix J, 40 Alaska and the State of Washington nonattainment for PM–10 upon CFR part 53, 40 CFR 58, appendix A & which have failed to attain the National enactment of the 1990 Amendments, B) and may be used to determine the Ambient Air Quality Standards known as ‘‘initial’’ PM–10 attainment status of areas. EPA will also (NAAQS) for particulate matter with an nonattainment areas, was published on consider air quality data from other air aerodynamic diameter of less than or March 15, 1991 (56 FR 11101), and a monitoring stations in the equal to ten micrometers (PM–10) by the subsequent Federal Register notice nonattainment area provided that it applicable attainment date. This action correcting the description of some of meets the federal monitoring also serves to grant a 1 year attainment those areas was published on August 8, requirements for SLAMS. All data will date extension for three nonattainment 1991 (56 FR 37654). See 56 FR 56694 be reviewed to determine the area’s air areas: Mendenhall Valley, Alaska; (November 6, 1991) and 40 CFR 81.303 quality status in accordance with EPA Spokane, Washington; and Wallula, and 40 CFR 81.348 (for codified air guidance at 40 CFR part 50, appendix K. Washington, for PM–10. quality designations and classifications Attainment of the annual PM–10 DATES: This action will be effective on in the State of Alaska and Washington, standard is achieved when the annual November 13, 1995 unless adverse or respectively). All initial moderate PM– arithmetic mean PM–10 concentration critical comments are received by 10 nonattainment areas have the same over a three-year period (1992, 1993 and October 12, 1995. If the effective date is applicable attainment date of December 1994 for areas with a December 31, 1994 delayed, timely notice will be published 31, 1994. attainment date) is equal to or less than in the Federal Register. States containing initial moderate 50 micrograms per cubic meter (µg/m3). ADDRESSES: Copies of the State’s request PM–10 nonattainment areas were Attainment of the 24-hour standard is and other information supporting this required to develop and submit to EPA determined by calculating the expected proposed action are available for by November 15, 1991, a SIP revision number of days in a year with PM–10 µ 3 inspection during normal business providing for, among other things, concentrations greater than 150 g/m . hours at the following locations: EPA, implementation of reasonably available The 24-hour standard is attained when Air & Radiation Branch (AT–082), 1200 control measures (RACM), including the expected number of days with levels µ 3 Sixth Avenue, Seattle, Washington reasonably available control technology above 150 g/m (averaged over a three- 98101; the Alaska Department of (RACT), and a demonstration either that year period) is less than or equal to one Environmental Conservation, 410 the plan would provide for attainment (1.0). Three consecutive years of air Willoughy, Suite 105, Juneau, Alaska, of the PM–10 NAAQS by December 31, quality data is generally necessary to 99801–1795; and the Washington State 1994 or that attainment by that date was show attainment of the annual and 24- Department of Ecology, P.O. Box 47600, impracticable. See Section 189(a). hour standard for PM–10. See 40 CFR PV–11, Olympia, WA 98504–7600. part 50 and appendix K. B. Attainment Determinations FOR FURTHER INFORMATION CONTACT: C. Extension of the Attainment Date Christi Lee, Environmental Scientist, All PM–10 areas designated Air & Radiation Branch (AT–082), EPA, nonattainment pursuant to section The Act provides the Administrator Seattle, Washington, (206) 553–1814, or 107(d)(4)(B) of the Act were initially with the discretion to grant a one-year George Lauderdale, Environmental classified ‘‘moderate’’ by operation of extension of the attainment date for a Protection Specialist, Air & Radiation law upon enactment of the 1990 Clean moderate PM–10 nonattainment area, Branch (AT–082), EPA, Seattle, Air Act Amendments. See Section provided certain criteria are met. See Washington, (206) 553–6511. 188(a). Pursuant to sections 179(c) and Section 188(d). If an area does not have 188(b)(2) of the Act, EPA has the the necessary number of consecutive years of clean air quality data to show 1 The 1990 Amendments to the Clean Air Act attainment of the NAAQS, a State may made significant changes to the Act. See Public Law apply for up to two one-year extensions No. 101–549, 104 Stat. 2399. References herein are of the attainment date for that area. The to the Clean Air Act as amended (‘‘Act’’ or ‘‘CAA’’), statute sets forth two criteria a moderate which is codified at 42 U.S.C. § 7401 et seq. 2 Many of these other areas were identified in nonattainment area must satisfy in order footnote 4 of the October 31, 1990 Federal Register to obtain an extension: (1) The State has notice. complied with all the requirements and Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47277 commitments pertaining to the area in EPA will again determine whether the sites were established in 1986, 1988, the applicable implementation plan; area has attained the PM–10 NAAQS. If and 1989 respectively. Glacier Auto was and (2) the area had no more than one the requisite three consecutive years of discontinued in 1993. Sampling at the exceedance of the 24-hour PM–10 clean air quality data needed to Floyd Dryden and Trio Street sites are standard in the year preceding the determine attainment are not met for the every day. Sampling at Glacier Auto is extension year, and the annual mean area, the State may apply for a second every other day. Data from these sites concentration of PM–10 in the area for one-year extension of the attainment have been deemed valid by EPA and the year preceding the extension year is date. In order to qualify for the second submitted by the State of Alaska for less than or equal to the standard. See one-year extension of the attainment inclusion in the AIRS system. Section 188(d). date, the State must satisfy the same A review of the data for calendar The authority delegated to the requirements listed above for the first years 1992, 1993 and 1994 for the Administrator to extend attainment extension. In addition, EPA will Mendenhall Valley PM–10 dates for moderate PM–10 consider the State’s PM–10 planning nonattainment area shows no violation nonattainment areas is discretionary: progress for the area during the year for of the annual PM–10 standard. During Section 188(d) of the Act provides that which the first extension was granted. If this same three year period, the Trio the Administrator ‘‘may’’ extend the a second extension is granted and the monitor reported one measurement attainment date for areas that meet the area does not have the requisite three above the level of the 24-hour NAAQS minimum requirements specified above. consecutive years of clean air quality in calendar year 1992 and three The provision does not dictate or data needed to demonstrate attainment measurements above the level of the 24- compel that EPA grant extensions to at the end of the second extension, no hour NAAQS in calendar year 1993. such areas even if these conditions are further extensions of the attainment date There were no measured levels above met. can be granted and the area will be the 24-hour NAAQS in calendar year In exercising this discretionary reclassified serious by operation of law. 1994. authority for PM–10 nonattainment See Section 188(d). areas, EPA examines, in addition to the 2. Attainment of the PM–10 NAAQS two statutory criteria discussed above, II. Summary of Today’s Action The Mendenhall Valley PM–10 the air quality planning progress made Today’s action announces EPA’s nonattainment area does not attain the in the moderate area. See November 14, determination that the Mendenhall 24-hour PM–10 NAAQS. PM–10 1994 Memorandum from Sally L. Valley, Alaska, PM–10 nonattainment concentrations reported from the Shaver, Director, Air Quality Strategies area and the Spokane and Wallula, SLAMS monitoring station at Trio Street and Standards Division entitled Washington, PM–10 nonattainment exceeded the level of the NAAQS three ‘‘Criteria for Granting 1-Year Extensions areas have each failed to attain the PM– times in 1993. Because of the sampling of Moderate PM–10 Nonattainment Area 10 NAAQS by the applicable attainment frequency, the expected exceedance rate Attainment Dates, Making Attainment date of December 31, 1994. This for this three-year period is 3.07 Determinations, and Reporting on determination is based upon air quality (calculated in accordance with Quantitative Milestones.’’ EPA is data which show there were violations appendix K), which represents a disinclined to grant an attainment date of the PM–10 NAAQS in each of these violation of the 24-hour standard. extension unless a State has, in areas during the period from 1992 to substantial part, addressed its moderate 1994. 3. Extension of Attainment Date PM–10 nonattainment area planning The State of Alaska has requested a EPA is granting the State’s request for obligations. In order to determine one-year extension of the PM–10 a one-year extension of the attainment whether the State has substantially met attainment date for the Mendenhall date, from December 31, 1994 to these planning requirements, EPA Valley nonattainment area. The State of December 31, 1995, for the Mendenhall reviews the State’s application for the Washington has requested a one-year Valley PM–10 nonattainment area. attainment date extension to determine extension of the PM–10 attainment date a. Compliance With Applicable SIP whether the State has: (1) Adopted and for both the Spokane PM–10 substantially implemented control nonattainment area and the Wallula Based on information available to measures that represent RACM/RACT in PM–10 nonattainment area. EPA has EPA, EPA believes the State of Alaska the moderate nonattainment area; and reviewed these extension requests and is in compliance with all requirements (2) demonstrated that the area has made is granting a one-year extension of the and commitments in the applicable emission reductions amounting to attainment date for each area. This implementation plan that pertains to the reasonable further progress (RFP) determination is based upon available Mendenhall Valley PM–10 toward attainment of the PM–10 air quality data and a review of the nonattainment area. EPA has fully NAAQS as defined in section 171(1) of State’s progress in implementing the approved the State’s moderate PM–10 the Act. RFP for PM–10 nonattainment planning requirements that apply to nonattainment area plan as a SIP areas is defined in section 171(1) of the moderate PM–10 nonattainment areas. revision for the Mendenhall Valley PM– Act as annual incremental emission 10 nonattainment area. (52 FR 13885). reductions to ensure attainment of the A. Mendenhall Valley, Alaska, PM–10 EPA believes that the State is meeting applicable NAAQS (PM–10) by the Nonattainment Area the requirements and commitments of applicable attainment date. The Mendenhall Valley PM–10 the statewide SIP and is in compliance If the State does not have the requisite nonattainment area is located nine miles with the Mendenhall Valley PM–10 SIP number of years of clean air quality data from downtown Juneau and is Juneau’s revision. to show attainment and does not apply largest residential area. or qualify for an attainment date b. Air Quality Data extension, the area will be reclassified 1. Air Quality Data As discussed above, there were no to serious by operation of law under The Mendenhall Valley measured levels above the 24-hour section 188(b)(2) of the Act. If an nonattainment area has three PM–10 NAAQS during calendar year 1994. The extension of the attainment date is monitoring sites: Floyd Dryden, Glacier annual mean concentration of PM–10 granted, at the end of the extension year Auto and Trio Street. These SLAMS was 21 µg/m3 during 1994, well below 47278 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations the standard. Therefore, the Mendenhall and daily sampling at two sites. Data extension criteria of no more than one Valley PM–10 nonattainment area meets from all the sites have been deemed exceedance of the 24-hour NAAQS and the extension criteria of no more than valid by EPA and submitted by the State an annual mean concentration less than one exceedance of the 24-hour NAAQS of Washington for inclusion in the AIRS or equal to the standard for the year and an annual mean concentration less system. preceding the extension year. than or equal to the standard for the A review of the data for calendar c. Substantial Implementation of year preceding the extension year. years 1992, 1993 and 1994 shows no violations of the annual PM–10 standard Control Measures c. Substantial Implementation of in the Spokane PM–10 nonattainment The State of Washington, along with Control Measures area. During this same three-year period, the local air pollution control agency, The State of Alaska has developed there were a total of nine reported has developed and implemented several and implemented a significant control measurements above the level of the 24- significant control measures on sources measure on the major PM–10 source hour NAAQS at the NAMS monitoring within the Spokane PM–10 within the Mendenhall Valley site located near downtown Spokane nonattainment area. The State submitted nonattainment area. The measure which has historically exceeded the these control measures to EPA as a SIP consists of controlling fugitive road dust standard with greatest frequency. In revision on November 15, 1991, and in by implementing a Valley-wide street calendar year 1992 there were five supplemental submissions since that paving project. The EPA determined recorded values above the NAAQS in time. These measures consist of a this control measure met EPA’s September and October. In 1993 a total comprehensive residential wood guidance for RACM/RACT for sources of four values were above the NAAQS combustion program, including a in the nonattainment area and approved (two in March, one in September and mandatory woodstove curtailment the State’s SIP revision on April 25, one in November). The three other program; stringent controls on fugitive 1994 (52 FR 13885). monitoring sites also recorded levels road dust, including controls on winter road sanding and road paving program; d. Emission Reduction Progress above the 24-hour NAAQS in 1992 and 1993. In calendar year 1994, there were and emission limits on point sources in On April 19, 1995, the State of Alaska no measurements at any site above the the nonattainment area. EPA has submitted to EPA the milestone report 24-hour NAAQS. conducted a preliminary review of these required by section 189(c)(2) of the Act measures and believes that they to demonstrate annual incremental 2. Attainment of the PM–10 NAAQS substantially meet EPA’s guidance for emission reductions and reasonable The Spokane PM–10 nonattainment RACM, including RACT, for purposes of further progress in the Mendenhall area does not attain the 24-hour PM–10 granting an extension under section Valley area. In that report, which is NAAQS. Because of the sampling 188(d) of the Act. contained in the docket supporting this frequencies, the expected exceedance rulemaking, the State discusses rate for the three-year period, at three of d. Emission Reduction Progress implementation of the control measures the sampling locations, is in violation of On March 24, 1995, the State of adopted as part of the control strategy in the 24-hour standard. Washington submitted to EPA the the SIP and the emission reductions that milestone report required by section have been achieved as a result of the 3. Extension of Attainment Date 189(c)(2) of the Act to demonstrate State’s control strategy. At the end of EPA is by this action proposing to annual incremental emission reductions 1994, 96 percent of the proposed road grant the State’s request for a one-year and reasonable further progress in the paving had been completed which extension of the attainment date, from Spokane area. In that report, a copy of reduced particulate emissions by 654 December 31, 1994 to December 31, which is available in the docket, the tons. EPA believes that the estimated 1995, for the Spokane PM–10 State discusses implementation of the reductions in emissions from the nonattainment area. control measures adopted as part of the aggressive paving project demonstrates a. Compliance With Applicable SIP control strategy in the SIP and the reasonable further progress in the emission reductions that have been Mendenhall Valley nonattainment area. Based on information available to achieved as a result of the State’s In summary, for the reasons discussed EPA, EPA believes the State of control strategy. EPA believes that the above, EPA is granting the State’s Washington is in compliance with all reductions in emissions for the sources request for a one-year extension of the requirements and commitments in the demonstrates reasonable further attainment date for the Mendenhall applicable implementation plan and progress in the Spokane nonattainment Valley PM–10 nonattainment area from statewide SIP requirements that pertain area. December 31, 1994 to December 31, to the Spokane PM–10 nonattainment In summary, for the reasons discussed 1995. area. Although the State has submitted above, EPA is granting the State’s its moderate PM–10 nonattainment area request for a one-year extension of the B. Spokane PM–10 Nonattainment Area plan as a SIP revision, EPA has not yet attainment date for the Spokane PM–10 The Spokane PM–10 nonattainment taken action on that plan. Therefore, the nonattainment area from December 31, area is an urban area located in the submitted plan is not yet an ‘‘applicable 1994 to December 31, 1995. northeastern portion of the State of implementation plan’’ for the Spokane Washington. PM–10 nonattainment area. C. Wallula, Washington PM–10 Nonattainment Area 1. Air Quality Data b. Air Quality Data The Wallula PM–10 nonattainment The Spokane nonattainment area has As discussed above, there were no area is located in rural south central a relatively large PM–10 monitoring measured levels above the 24-hour Washington State. system. PM–10 monitoring began in NAAQS during calendar year 1994. The 1985 and there are currently three annual mean concentration of PM–10 1. Air Quality Data SLAMS sites and one NAMS site in the was 38 µg/m3 during 1994, well below The Wallula nonattainment area has urban area. Sampling frequencies are the standard. Therefore, the Spokane one PM–10 monitoring site located on a one sample every six days at two sites PM–10 nonattainment area meets the hill overlooking the small Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47279 unincorporated community of Wallula. c. Substantial Implementation of attainment date extensions granted The SLAMS site was established in Control Measures today would result in none of the effects 1986. Sampling frequency is one sample The State of Washington has identified in section 3(f). Under section every six days. Data from this site has implemented control measures on 188(b)(2), findings of nonattainment and been deemed valid by EPA and sources within the Wallula PM–10 reclassification of nonattainment areas are based upon air quality submitted by the State of Washington nonattainment area. The State submitted considerations and must occur by for inclusion in the AIRS system. the control measures to EPA as a SIP operation of law in light of certain air revision on November 15, 1991, and in A review of the data for calendar quality conditions. They do not, in-and- supplemental submissions since that years 1992, 1993 and 1994 shows no of-themselves, impose any new time. The major control measure is the violations of the annual PM–10 standard requirements on any sectors of the federal Food Security Act’s provisions at the site. During this same three-year economy. In addition, because the requiring development and period, there were two reported statutory requirements are clearly implementation of conservation plans measurements above the level of the 24- defined with respect to the differently for participating farms. EPA has hour NAAQS. In calendar year 1993 classified areas, and because those there was one level above the NAAQS conducted a preliminary review of these requirements are automatically triggered measures and believes that they in May and in 1994 one level was by classifications that, in turn, are substantially meet EPA’s guidance for recorded above the NAAQS in June. triggered by air quality values, the RACM, including RACT, for purposes of nonattainment determinations and 2. Attainment of the PM–10 NAAQS granting an extension under section reclassification cannot be said to impose 188(d) of the Act. The Wallula PM–10 nonattainment a materially adverse impact on State, local, or tribal governments or area does not attain the 24-hour PM–10 d. Emission Reduction Progress communities. Attainment date NAAQS. PM–10 concentrations On March 24, 1995, the State of extensions under section 188(d) of the Washington submitted to EPA the reported from the SLAMS monitoring Clean Air Act do not impose any new station exceeded the level of the milestone report required by section requirements on any sectors of the NAAQS twice from 1992 to 1994. 189(c)(2) of the Act to demonstrate economy; nor do they result in a Because of the sampling frequency, the annual incremental emission reductions materially adverse impact on State, expected exceedance rate represents a and reasonable further progress in the local, or tribal governments or violation of the 24-hour standard. Wallula area. In that report, the State communities. discusses implementation of the control 3. Extension of Attainment Date measures adopted as part of the control IV. Regulatory Flexibility strategy in the SIP and the emission EPA is by this action is granting the Under the Regulatory Flexibility Act, reductions that have been achieved as a State’s request for a one-year extension 5 U.S.C. 600 et. seq., EPA must prepare result of the State’s control strategy. of the attainment date, from December a regulatory flexibility analysis EPA believes that the reductions assessing the impact of any proposed or 31, 1994 to December 31, 1995, for the demonstrate reasonable further progress Wallula PM–10 nonattainment area. final rule on small entities. 5 U.S.C. 603 in the Wallula nonattainment area. and 604. Alternatively, EPA may certify a. Compliance With Applicable SIP In summary, for the reasons discussed that the rule will not have a significant above, EPA proposes to grant the State’s impact on a substantial number of small Based on information available to request for a one-year extension of the entities. Small entities include small EPA, EPA believes the State of attainment date for the Wallula PM–10 businesses, small not-for-profit Washington is in compliance with all nonattainment area from December 31, enterprises, and government entities requirements and commitments in the 1994 to December 31, 1995. with jurisdiction over populations of applicable implementation plan that III. Executive order (EO) 12866 less than 50,000. pertains to the Wallula PM–10 Reclassification of nonattainment nonattainment area. Although the State Under E.O. 12866, 58 FR 51735 areas under section 188(b)(2) of the CAA has submitted its moderate PM–10 (October 4, 1993) EPA is required to and extensions of attainment dates nonattainment area plan as a SIP determine whether regulatory actions under 188(d) do not create any new revision, EPA has not yet taken action are significant and therefore should be requirements. Therefore, because the on that plan. Therefore, the submitted subject to the Office of Management and federal SIP approval does not impose plan is not yet an ‘‘applicable Budget (OMB) review, economic any new requirements, I certify that it implementation plan’’ for the Wallula analysis, and the requirements of the does not have a significant impact on PM–10 nonattainment area. Executive Order. The Executive Order small entities. defines a ‘‘significant regulatory action’’ Under Section 202 of the Unfunded b. Air Quality Data as one that is likely to result in a rule Mandates Reform Act of 1995 that may meet at least one of the four (‘‘Unfunded Mandates Act’’), signed As discussed above, there was one criteria identified in section 3(f), into law on March 22, 1995, EPA must measured level above the 24-hour including, under paragraph (1), that the assess whether various actions NAAQS during calendar year 1994. The rule may ‘‘have an annual effect on the undertaken in association with annual mean concentration of PM–10 economy of $100 million or more or proposed or final regulations include a µ 3 was 36.4 g/m during 1994, well below adversely affect, in a material way, the Federal mandate that may result in the standard. Therefore, the Wallula economy, a sector of the economy, estimated costs of $100 million or more PM–10 nonattainment area meets the productivity, competition, jobs, the to the private sector, or to State, local or extension criteria of no more than one environment, public health or safety, or tribal governments in the aggregate. exceedance of the 24-hour NAAQS and State, local, or tribal governments or EPA has determined, as discussed an annual mean concentration less than communities.’’ earlier in section ‘‘IV. Executive order or equal to the standard for the year The Agency has determined that the (EO) 12866’’ of this notice, that the preceding the extension year. determinations of nonattainment and finding that is the subject of this final 47280 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations action of failure to attain and grant of a reconsideration by the Administrator of 40 CFR Parts 52 and 81 one-year extension to the Mendenhall this final rule does not affect the finality [LA±28±1±7053a, FRL±5292±6] Valley, Alaska, and the Wallula and of this rule for the purposes of judicial Spokane, Washington, PM–10 review nor does it extend the time Approval and Promulgation of nonattainment areas do not impose any within which a petition for judicial Implementation Plans and Designation federal intergovernment mandate, as review may be filed and shall not of Areas for Air Quality Planning defined in section 101 of the Unfunded postpone the effectiveness of such rule Purposes; State of Louisiana; Mandates Act. A finding that an area or action. This action may not be Approval of the Maintenance Plan for has failed to attain and should be challenged later in proceedings to St. James Parish; Redesignation of St. granted a one-year extension of the enforce its requirements. (See section James Parish to Attainment attainment date consists of factual 307(b)(2), 42 U.S.C. 7607(b)(2)). determinations based upon air quality AGENCY: Environmental Protection considerations and the area’s List of Subjects in 40 CFR Part 52 Agency (EPA). compliance with certain prior ACTION: Direct final rule. requirements. Accordingly, no Environmental protection, Air additional costs to State, local, or tribal pollution control, Particulate matter, SUMMARY: On December 15, 1994, the governments, or to the private sector Intergovernmental relations, Reporting State of Louisiana submitted a revised result from this action. This action also and recordkeeping requirements. maintenance plan and request to will not impose a mandate that may Dated: August 8, 1995. redesignate the St. James Parish ozone result in estimated costs of $100 million nonattainment area to attainment. This or more to either State, local, or tribal Charles Findley, maintenance plan and redesignation governments in the aggregate, or to the Acting Administrator. request was initially submitted to the private sector. Part 52, chapter I, title 40 of the Code EPA on May 25, 1993. Although the This action has been classified as a of Federal Regulations is amended as EPA deemed this initial submittal Table 3 action for signature by the follows: complete on September 10, 1993, Regional Administrator under the certain approvability issues existed. The procedures published in the Federal PART 52Ð[AMENDED] State of Louisiana addressed these Register on January 19, 1989 (54 FR approvability issues and has revised its 2214–2225), as revised by a July 10, 1. The authority citation for Part 52 submissions. Under the Clean Air Act 1995 memorandum from Mary Nichols, continues to read as follows: (CAA), nonattainment areas may be Assistant Administrator for Air and redesignated to attainment if sufficient Radiation. The Office of Management Authority: 42 U.S.C. 7401–7671q. data are available to warrant the and Budget (OMB) has exempted this redesignation and the area meets the Subpart CÐAlaska regulatory action from E.O. 12866 other CAA redesignation requirements. review. 2. Section 52.82 is added to read as In this action, EPA is approving The EPA is publishing this action Louisiana’s redesignation request follows: without prior proposal because the because it meets the maintenance plan Agency views this as a noncontroversial § 52.82 Extensions. and redesignation requirements set forth amendment and anticipates no adverse in the CAA, and EPA is approving the comments. However, in a separate The Administrator, by authority 1990 base year emissions inventory. document in this Federal Register delegated under section 188(d) of the The approved maintenance plan will publication, the EPA is proposing to Clean Air Act, as amended in 1990, become a federally enforceable part of approve the SIP revision should adverse hereby extends for one year (until the State Implementation Plan (SIP) for or critical comments be filed. This December 31, 1995) the attainment date Louisiana. action will be effective November 13, for the Mendenhall Valley, Alaska, PM– DATES: This action will become effective 1995 unless, by October 12, 1995, 10 nonattainment area. adverse or critical comments are on November 13, 1995, unless notice is postmarked by October 12, 1995 that received. Subpart WWÐWashington If the EPA receives such comments, someone wishes to submit adverse or critical comments. If the effective date is this action will be withdrawn before the 2. Section 52.2472 is added to read as delayed, timely notice will be published effective date by publishing a follows: subsequent notice that will withdraw in the Federal Register (FR). the final action. All public comments § 52.2472 Extensions. ADDRESSES: Comments should be received will be addressed in a mailed to Thomas H. Diggs, Chief, Air The Administrator, by authority subsequent final rule based on this Planning Section (6PD–L), U.S. EPA action serving as a proposed rule. The delegated under section 188(d) of the Region 6, 1445 Ross Avenue, Dallas, EPA will not institute a second Clean Air Act, as amended in 1990, Texas 75202–2733. Copies of the State’s comment period on this action. Any extends for one year (until December 31, petition and other information relevant parties interested in commenting on this 1995) the attainment date for the to this action are available for action should do so at this time. If no Spokane, Washington, PM–10 inspection during normal hours at the such comments are received, the public nonattainment area and the Wallula, following locations: is advised that this action will be Washington, PM–10 nonattainment U.S. Environmental Protection effective November 13, 1995. area. Agency, Region 6, Air Planning Section Under section 307(b)(1) of the Clean [FR Doc. 95–22160 Filed 9–11–95; 8:45 am] (6PD–L), 1445 Ross Avenue, Suite 700, Air Act, petitions for judicial review of Dallas, Texas 75202–2733. BILLING CODE 6560±50±P this action must be filed in the United Air and Radiation Docket and States Court of Appeals for the Information Center, U.S. Environmental appropriate circuit by November 13, Protection Agency, 401 M Street, SW., 1995. Filing a petition for Washington, DC 20460. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47281 Louisiana Department of Subsequently, the State of Louisiana the expected number of exceedances for Environmental Quality, Office of Air submitted a request, through the each year. Quality, 7290 Bluebonnet Boulevard, Governor’s office, to redesignate this The State of Louisiana’s request is Baton Rouge, Louisiana 70810. parish to attainment with respect to the based on an analysis of quality-assured Anyone wishing to review this ozone NAAQS. The initial redesignation ozone air quality data which is relevant petition at the Regional U.S. EPA office request for St. James Parish was to both the maintenance plan and to the is asked to contact the person below to submitted to the EPA on May 25, 1993. redesignation request. The data come schedule an appointment 24 hours in Although this maintenance plan and from the State and Local Air Monitoring advance. redesignation request were deemed Station network. The request is based on FOR FURTHER INFORMATION CONTACT: Mr. complete, several approvability issues ambient air ozone monitoring data Mick Cote, Air Planning Section (6PD– existed. The State of Louisiana collected for more than three L), U.S. Environmental Protection addressed these approvability issues consecutive years from January 1, 1989, Agency, Region 6, 1445 Ross Avenue, and submitted a revised maintenance through December 31, 1993. The data Dallas, Texas 75202–2733, telephone plan and redesignation request clearly show an expected exceedance (214) 665–7219. accordingly. The revised redesignation rate of less than one for this parish. request for St. James Parish was In addition to the demonstration SUPPLEMENTARY INFORMATION: received on December 15, 1994. This discussed above, EPA required Background revised redesignation request was completion of air network monitoring accompanied by an ozone maintenance requirements set forth in 40 CFR part The CAA, as amended in 1977, SIP. Please see the technical support 58. This included a quality assurance required areas that were designated document (TSD), located in the official plan revision and a monitoring network nonattainment based on a failure to docket, for the detailed air quality review to determine the adequacy of the meet the ozone National Ambient Air monitoring data. ozone monitoring network. The LDEQ Quality Standard (NAAQS) to develop fulfilled these requirements to complete SIP’s with sufficient control measures to Evaluation Criteria documentation for the air quality expeditiously attain and maintain the The 1990 Amendments revised demonstration. The LDEQ has also standard. St. James Parish, Louisiana, section 107(d)(3)(E) to provide five committed to continue monitoring in St. was designated under section 107 of the specific requirements that an area must James Parish in accordance with 40 CFR 1977 CAA as nonattainment with meet in order to be redesignated from part 58. respect to the ozone NAAQS on nonattainment to attainment: (1) The In summary, EPA believes that the September 11, 1978 (40 CFR 81.319). In area must have attained the applicable data submitted by the LDEQ provides an accordance with section 110 of the 1977 NAAQS; (2) the area must meet all adequate demonstration that St. James CAA, the State of Louisiana submitted applicable requirements under section Parish attained the ozone NAAQS. an ozone SIP as required by part D on 110 and part D of the CAA; (3) the area Moreover, the monitoring data continue December 10, 1979. EPA fully approved must have a fully approved SIP under to show attainment to date. this ozone SIP on October 29, 1981 (46 section 110(k) of the CAA; (4) the air If the monitoring data records a FR 53412). The most recent revision to quality improvement must be violation of the ozone NAAQS before the ozone SIP occurred on May 5, 1994, permanent and enforceable; and (5) the the direct final action is effective, the when the EPA approved a SIP revision area must have a fully approved direct final approval of the for the State of Louisiana to correct maintenance plan pursuant to section redesignation will be withdrawn and a certain enforceability deficiencies in its 175A of the CAA. Section 107(d)(3)(D) proposed disapproval substituted for the volatile organic compound (VOC) rules allows a Governor to initiate the direct final approval. (59 FR 23164). For purposes of redesignation process for an area to (2) Section 110 Requirements redesignations, the State of Louisiana apply for attainment status. Please see has an approved ozone SIP for St. James EPA’s (TSD) for a detailed discussion of For purposes of redesignation, to meet Parish. these requirements. the requirement that the SIP contain all On November 15, 1990, the CAA applicable requirements under the CAA, Amendments of 1990 were enacted (1) Attainment of the NAAQS for Ozone EPA has reviewed the SIP to ensure that (Pub. L. 101–549, 104 Stat. 2399, Attainment of the ozone NAAQS is it contains all measures that were due codified at 42 U.S.C. 7401–7671q). The determined based on the expected under the CAA prior to or at the time ozone nonattainment designation for St. number of exceedances in a calendar the State submitted its redesignation James Parish continued by operation of year. The method for determining request, as set forth in EPA policy. EPA law according to section 107(d)(1)(C)(i) attainment of the ozone NAAQS is interprets section 107(d)(3)(E)(v) of the of the CAA, as amended in 1990 (See 56 contained in 40 CFR 50.9 and appendix CAA to mean that, for a redesignation FR 56694, November 6, 1991). Since the H to that section. The simplest method request to be approved, the State must State had not yet collected the required by which expected exceedances are have met all requirements that applied three years of ambient air quality data calculated is by averaging actual to the subject area prior to or at the same necessary to petition for redesignation exceedances at each monitoring site time as the submission of a complete to attainment, this parish was over a three year period. An area is in redesignation request. Requirements of designated as unclassifiable-incomplete attainment of the standard if this the CAA that come due subsequently data for ozone. average results in expected exceedances continue to be applicable to the area at The Louisiana Department of for each monitoring site of 1.0 or less later dates (see section 175A(c)) and, if Environmental Quality (LDEQ) more per calendar year. When a valid daily redesignation of any of the areas is recently has collected ambient maximum hourly average value is not disapproved, the State remains monitoring data that show no violations available for each required monitoring obligated to fulfill those requirements. of the ozone NAAQS of .12 parts per day during the year, the missing days These requirements are discussed in the million. The State developed a must be accounted for when estimating following EPA documents: ‘‘Procedures maintenance plan for St. James Parish exceedances for the year. Appendix H for Processing Requests to Redesignate and solicited public comment. provides the formula used to estimate Areas to Attainment,’’ John Calcagni, 47282 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations Director, Air Quality Management U.S.C. or the Federal Transit Act in place which have significantly Division, September 4, 1992, ‘‘State (‘‘transportation conformity’’), as well as improved the ambient air quality in this Implementation Plan (SIP) Actions to all other Federal actions (‘‘general parish. Existing Federal programs, such Submitted in Response to Clean Air Act conformity’’). as the Federal Motor Vehicle Control (CAA) Deadlines,’’ John Calcagni, Section 176 further provides that the Program and the Reid Vapor Pressure Director, Air Quality Management conformity revisions to be submitted by (RVP) limit of 7.8 pounds per square Division, October 28, 1992, and ‘‘State the States must be consistent with inch for gasoline, will not be lifted upon Implementation Plan (SIP) Federal conformity regulations that the redesignation. These programs will Requirements for Areas Submitting CAA required EPA to promulgate. counteract emissions growth as the Requests for Redesignation to Congress provided for the State parish experiences economic growth Attainment of the Ozone and Carbon revisions to be submitted one year after over the life of the maintenance plan. Monoxide (CO) National Ambient Air the date for promulgation of final EPA The State adopted VOC rules such as Quality Standards (NAAQS) on or after conformity regulations. When that date oil/water separation; degreasing and November 15, 1992,’’ Michael H. passed without such promulgation, solvent clean-up processes; surface Shapiro, Acting Assistant EPA’s General Preamble for the coating rules for large appliances, Administrator, September 17, 1993. implementation of title I informed the furniture, coils, paper, fabric, vinyl, EPA has analyzed the Louisiana SIP State that its conformity regulations cans, miscellaneous metal parts and and determined that it is consistent with would establish a submittal date (see 57 products, and factory surface coating of the requirements of amended section FR 13498, 13557 (April 16, 1992)). The flat wood paneling; solvent-using rules 110(a)(2). The SIP contains enforceable EPA promulgated final transportation for graphic arts, and miscellaneous emission limitations; requires conformity regulations on November 24, industrial source rules such as for monitoring, compiling, and analyzing 1993 (58 FR 62118) and general cutback asphalt. The applicable ambient air quality data; requires conformity regulations on November 30, reasonably available control technology preconstruction review of new major 1993 (58 FR 63214). These conformity (RACT) rules will also remain in place stationary sources and major rules require that States adopt both in St. James Parish. In addition, the modifications to existing ones; provides transportation and general conformity State permits program, the prevention of for adequate funding, staff, and provisions in the SIP for areas significant deterioration (PSD) permits associated resources necessary to designated nonattainment or subject to program, and the Federal Operating implement its requirements; and a maintenance plan approved under Permits program will help counteract requires stationary source emissions CAA section 175A. emissions growth. monitoring and reporting. Pursuant to 40 CFR 51.396 of the The EPA finds that the combination of transportation conformity rule and 40 existing EPA-approved SIP and Federal (3) Part D Requirements CFR 51.851 of the general conformity measures ensure the permanence and Before St. James Parish can be rule, the State of Louisiana was required enforceability of reductions in ambient redesignated to attainment, the to submit a SIP revision containing ozone levels that have allowed the area Louisiana SIP must have fulfilled the transportation conformity criteria and to attain the NAAQS. applicable requirements of part D of the procedures consistent with those CAA. Under part D, an area’s (6) Fully Approved Maintenance Plan established in the Federal rule by Under Section 175A classification indicates the requirements November 25, 1994. Similarly, to which it will be subject. Subpart 1 of Louisiana was required to submit a SIP In today’s document, EPA is part D sets forth the basic nonattainment revision containing general conformity approving the State’s maintenance plan requirements applicable to all criteria and procedures consistent with for St. James Parish because EPA finds nonattainment areas, classified as well those established in the Federal rule by that the LDEQ’s submittal meets the as nonclassifiable. Subpart 2 of part D December 1, 1994. Louisiana submitted requirements of section 175A. Thus, this establishes additional requirements for both its transportation and general parish will have a fully approved nonattainment areas classified under conformity rules to EPA on November maintenance plan in accordance with table 1 of section 181(a)(1). Since St. 10, 1994. As these requirements did not section 175A as of the effective date of James Parish is considered come due until after the original this redesignation. Section 175A of the nonclassifiable, the State is only submission date of this redesignation CAA sets forth the elements of a required to meet the applicable request, these conformity rule maintenance plan for areas seeking requirements of subpart 1 of part D— submissions need not be approved prior redesignation from nonattainment to specifically sections 172(c) and 176. As to taking action on this redesignation attainment. The plan must demonstrate long as EPA did not determine that any request. continued attainment of the applicable of the pertinent section 172(c) NAAQS for at least ten years after the requirements were applicable prior to (4) Fully Approved SIP Regional Administrator approves a the submission of these redesignation The EPA finds that the State of redesignation to attainment. Eight years requests in 1993, none of these Louisiana has a fully approved SIP for after the redesignation, the State must requirements are applicable for St. James Parish for the purposes of submit a revised maintenance plan purposes of this redesignation action. redesignating the parish to attainment which demonstrates that attainment will Section 176(c) of the CAA requires for ozone. continue to be maintained for the ten States to revise their SIP’s to establish years following the initial ten-year criteria and procedures to ensure that (5) Permanent and Enforceable period. To provide for the possibility of Federal actions, before they are taken, Measures future NAAQS violations, the conform to the air quality planning Under the CAA, EPA approved maintenance plan must contain goals in the applicable State SIP. The Louisiana’s SIP control strategy for St. contingency measures, with a schedule requirement to determine conformity James Parish, satisfied that the rules and for implementation, adequate to assure applies to transportation plans, the emission reductions achieved as a prompt correction of any air quality programs and projects developed, result of those rules were enforceable. problems. Each of the section 175A plan funded, or approved under title 23 Several Federal and Statewide rules are requirements is discussed below. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47283 Demonstration of Maintenance year to demonstrate maintenance of the nonroad mobile source inventory was The requirements for an area to ozone NAAQS. EPA has determined developed using methodology redesignate to attainment are discussed that 1990 is an appropriate year on recommended in EPA’s ‘‘Procedures for in the memorandum entitled which to base attainment level Emission Inventory Preparation. ‘‘Procedures for Processing Requests to emissions because EPA policy allows Volume IV: Mobile Sources.’’ Redesignate Areas to Attainment,’’ John States to select any one of the three Additional data was provided with Calcagni, Director, Air Quality years in the attainment period as the reference to an EPA-sponsored study Management Division, September 4, attainment year inventory. The State’s entitled ‘‘Nonroad Engine Emission 1992 (Calcagni memo). One aspect of a submittal contains the detailed Inventories for CO and Ozone complete maintenance demonstration inventory data and summary by source Nonattainment Boundaries.’’ Onroad discussed in the Calcagni memo is the category. emissions of VOC, NOX, and CO were requirement to develop an emissions The LDEQ provided the stationary calculated on a county-wide basis using inventory from one of the three years source estimates for each company EPA’s MOBILE5a computer model. during which the area has demonstrated meeting the emissions criteria by Growth projections were derived from attainment. This inventory should requiring the submission of complete the United States Department of include VOC’s, oxides of nitrogen emissions inventory questionnaires Commerce, Bureau of Economic Analysis statistics. These projections (NOX), and carbon monoxide (CO) which had been designed to obtain site- emissions from the area in tons per day specific data. The LDEQ generated area represent growth for Louisiana for each measurements. source emissions for each source emission source category. category based on EPA’s ‘‘Procedures for The following table is a summary of Attainment Inventory the Preparation of Emissions Inventories the revised average peak ozone season The LDEQ adopted a comprehensive for Precursors of Carbon Monoxide and weekday VOC and NOX emissions for inventory of VOC, NOX, and CO Ozone, Volume I’’, and the EPA the major anthropogenic source emissions from area, stationary, and document entitled ‘‘Compilation of Air categories for the 1990 attainment year mobile sources using 1990 as the base Pollutant Emission Factors.’’ The inventory. ST. JAMES PARISH [Tons per day] 1990 1995 2000 2005 Point Source CO ...... 2.39 2.37 2.37 2.34 Point Source VOC ...... 8.44 8.42 8.49 8.32 Point Source NOX ...... 40.21 39.88 39.95 39.51 Area Source CO ...... 25 .25 .26 .26 Area Source VOC ...... 1.19 1.19 1.22 1.22 Area Source NOX ...... 10 .10 .10 .10 Nonroad Source CO ...... 6.54 6.56 6.68 6.70 Nonroad Source VOC ...... 2.09 1.51 1.54 1.55 Nonroad Source NOX ...... 3.83 3.84 3.91 3.92 Onroad Source CO ...... 17.30 13.83 11.13 9.81 Onroad Source VOC ...... 2.09 1.58 1.41 1.35 Onroad Source NOX ...... 3.42 3.06 2.81 2.71 Total CO ...... 26.48 23.01 20.44 19.11 Total VOC ...... 13.81 12.70 12.66 12.44 Total NOX ...... 47.56 46.88 46.77 46.24 The attainment inventory submitted and Retrieval System (AIRS) on a should clearly identify the measures to by the LDEQ for St. James Parish meets monthly basis. Certain monitored ozone be adopted, a schedule and procedure the redesignation requirements as levels will provide the basis for for adoption and implementation, and a discussed in the Calcagni memo. triggering measures contained in the specific time limit for action by the Therefore, the EPA is today approving contingency plan. Additionally, as State. The State should also identify the emissions inventory component of discussed above, during year 8 of the specific triggers which will be used to the maintenance plan for St. James maintenance period, the LDEQ is determine when the measures need to Parish. required to submit a revised plan to be implemented. provide for maintenance of the ozone The LDEQ has selected VOC offsets Continued Attainment standard in this parish for the next ten and new Control Techniques Guidelines Continued attainment of the ozone years. (CTG) or Alternative Control NAAQS in St. James Parish will depend, Technology (ACT) rule implementation in part, on the Federal and State control Contingency Plan as its contingency measures. At any measures discussed previously. Section 175A of the CAA requires that time during the maintenance period, if However, the ambient air monitoring a maintenance plan include contingency St. James Parish records a second site will remain active at its present provisions, as necessary, to promptly exceedance of the ozone NAAQS within location during the maintenance period. correct any violation of the NAAQS that any consecutive three-year period (a These data will be quality assured and occurs after redesignation of the area to level below the NAAQS), the LDEQ will submitted to the Aerometric Information attainment. The contingency plan promulgate a rule change to implement 47284 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations VOC offsets in this parish. This rule will with the provisions of the CAA and has 1995 (‘‘Unfunded Mandates Act’’), be submitted to EPA within 9 months of determined that this action conforms to signed into law on March 22, 1995, EPA the second exceedance. Implementation those requirements. must undertake various actions in will occur if a third exceedance of the Regulatory Process association with proposed or final rules ozone standard is recorded during any that include a Federal mandate that may consecutive 3 year period. Under the Regulatory Flexibility Act, result in estimated costs of $100 million Should St. James Parish experience a 5 U.S.C. 600 et seq., the EPA must or more to the private sector, or to State, third exceedance of the ozone standard prepare a regulatory flexibility analysis local, or tribal governments in the assessing the impact of any proposed or during any consecutive 3 year period, aggregate. the LDEQ will promulgate a rule final rule on small entities (5 U.S.C. 603 revision to place new CTG and ACT and 604). Alternatively, under 5 U.S.C. Through submission of this SIP or VOC rules (where applicable) in the 605(b), the EPA may certify that the rule plan revision approved in this action, parish. These rules will be submitted to will not have a significant impact on a the State and any affected local or tribal the EPA within 9 months of the third substantial number of small entities (see governments have elected to adopt the exceedance. Implementation will occur 46 FR 8709). Small entities include program provided for under section if a violation of the ozone standard is small businesses, small not-for-profit 175A of the Clean Air Act. The rules recorded during any consecutive 3 year enterprises, and governmental entities and commitments approved in this period. These contingency measures with jurisdiction over populations of action may bind State, local, and tribal and schedules for implementation less than 50,000. governments to perform certain actions satisfy the requirements of section Under section 307(b)(1) of the CAA, and also require the private sector to 175A(d). petitions for judicial review of this perform certain duties. To the extent action must be filed in the United States Final Action that the rules and commitments being Court of Appeals for the appropriate approved by this action will impose or The EPA has evaluated the State’s circuit by November 13, 1995. Filing a lead to the imposition of any mandate redesignation request for St. James petition for reconsideration of this final upon the State, local, or tribal Parish, Louisiana, for consistency with rule by the Regional Administrator does governments, either as the owner or the CAA, EPA regulations, and EPA not affect the finality of this rule for operator of a source or as a regulator, or policy. The EPA believes that the purposes of judicial review; nor does it would impose or lead to the imposition redesignation request and monitoring extend the time within which a petition of any mandate upon the private sector, data demonstrate that this parish has for judicial review may be filed, or EPA’s action will impose no new attained the ozone standard. In addition, postpone the effectiveness of this rule. requirements; such sources are already the EPA has determined that the This action may not be challenged later subject to these requirements under redesignation request meets the in proceedings to enforce its State law. Accordingly, no additional requirements and policy set forth in the requirements (see section 307(b)(2)). General Preamble and policy Nothing in this action shall be costs to State, local, or tribal memorandum discussed in this notice construed as permitting, allowing, or governments, or to the private sector, for area redesignations, and today is establishing a precedent for any future result from this action. Therefore, EPA approving Louisiana’s redesignation request for a revision to any SIP. Each has determined that this final action request for St. James Parish. request for revision to the SIP shall be does not include a mandate that may The EPA is publishing this action considered separately in light of specific result in estimated costs of $100 million without prior proposal because the EPA technical, economic, and environmental or more to State, local, or tribal views this as a noncontroversial factors and in relation to relevant governments in the aggregate or to the amendment and anticipates no adverse statutory and regulatory requirements. private sector. comments. However, in a separate SIP approvals under section 110 and Table 3 SIP Actions Exempt From OMB document in this Federal Register subchapter I, part D of the CAA do not Review publication, the EPA is proposing to create any new requirements, but approve the SIP revision should adverse simply approve requirements that the This action has been classified as a or critical comments be filed. This State is already imposing. Therefore, Table 3 action for signature by the action will be effective on November 13, because the Federal SIP-approval does Regional Administrator under the 1995, unless adverse or critical not impose any new requirements, I procedures published in the Federal comments are received by October 12, certify that it does not have a significant Register on January 19, 1989 (54 FR 1995. If the EPA receives such impact on small entities. Moreover, due 2214–2225), as revised by a July 10, comments, this action will be to the nature of the Federal-State 1995, memorandum from Mary Nichols, withdrawn before the effective date by relationship under the CAA, preparation Assistant Administrator for Air and publishing a subsequent document that of a regulatory flexibility analysis would Radiation. The Office of Management will withdraw the final action. All constitute Federal inquiry into the and Budget has exempted this public comments received will then be economic reasonableness of State regulatory action from Executive Order addressed in a subsequent final rule action. The CAA forbids EPA from 12866 review. based on this action serving as a basing its actions concerning SIPs on proposed rule. The EPA will not such grounds. Union Electric Co. v. U.S. List of Subjects in 40 CFR Parts 52 and institute a second comment period on E.P.A., 427 U.S. 246, 256–66 (S.Ct. 81 this action. Any parties interested in 1976); 42 U.S.C. section 7410(a)(2). The commenting on this action should do so Office of Management and Budget has Environmental protection, Air at this time. If no such comments are exempted this action from review under pollution control, Area designations, received on this action, the public is Executive Order 12866. Hydrocarbons, Incorporation by advised that this action will be effective reference, Intergovernmental November 13, 1995. Unfunded Mandates regulations, National Parks, Reporting The EPA has reviewed this Under sections 202, 203, and 205 of and recordkeeping, Ozone, Volatile redesignation request for conformance the Unfunded Mandates Reform Act of organic compounds, Wilderness areas. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47285 Dated: August 24, 1995. (b) Approval—The Louisiana Clean Air Act as a revision to the A. Stanley Meiburg, Department of Environmental Quality Louisiana ozone State Implementation Acting Regional Administrator (6RA). (LDEQ) submitted a redesignation Plan for this parish. The EPA therefore 40 CFR parts 52 and 81 are amended request and maintenance plan for St. approved the request for redesignation as follows: James Parish on May 25, 1993. The EPA to attainment with respect to ozone for deemed this request complete on St. James Parish on November 13, 1995. PART 52Ð[AMENDED] September 10, 1993. Several 1. The authority citation for part 52 approvability issues existed, however. PART 81Ð[AMENDED] continues to read as follows: The LDEQ addressed these 1. The authority citation for part 81 Authority: 42 U.S.C. 7401–7671q. approvability issues in a supplemental ozone redesignation request and revised continues to read as follows: Subpart TÐLouisiana maintenance plan. This supplemental Authority: 42 U.S.C. 7401–7671q. submittal was received for St. James 2. Section 52.975 is amended by Parish on December 15, 1994. The 2. In § 81.319, the ozone table is designating the existing text as redesignation request and maintenance amended by revising the entry for St. paragraph (a) and by adding paragraph plan meet the redesignation James Parish to read as follows: (b) to read as follows: requirements in section 107(d)(3)(E) of § 81.319 Louisiana. § 52.975 Redesignations and maintenance the Act as amended in 1990. The plans: ozone. redesignation meets the Federal * * * * * * * * * * requirements of section 182(a)(1) of the LOUISIANAÐOZONE Designation Classification Designated area Date 1 Type Date 1 Type ******* St. James Parish ...... November 13, 1995 Attainment. ******* 1 This date is November 15, 1990, unless otherwise noted. * * * * * DATES: This final rule is effective that areas may attain and maintain the [FR Doc. 95–22162 Filed 9–11–95; 8:45 am] November 13, 1995, unless notice is national ambient air quality standards BILLING CODE 6560±50±P received by October 12, 1995 that (NAAQS) and reduce the emission of air adverse or critical comments will be toxics. In anticipation of the impact of submitted. If the effective date is these requirements on small businesses, 40 CFR Part 52 delayed, timely notice will be published the CAA requires that States adopt a in the Federal Register. Small Business Stationary Source [ME±24±1±6911a; A±1±FRL±5284±8] ADDRESSES: Comments may be mailed to Technical and Environmental Susan Studlien, Acting Director, Air, Compliance Assistance Program Approval and Promulgation of Air Pesticides and Toxics Management (PROGRAM), and submit this Quality Implementation Plans; Maine; Division, U.S. Environmental Protection PROGRAM as a revision to the Federally Title V, Section 507, Small Business Agency, Region I, JFK Federal Building, approved SIP. In addition, the CAA Stationary Source Technical and Boston, MA 02203. Copies of the directs EPA to oversee these small Environmental Compliance Assistance documents relevant to this action are business assistance programs and report Program available for public inspection during to Congress on their implementation. AGENCY: Environmental Protection normal business hours, by appointment The requirements for establishing a Agency (EPA). at the Air, Pesticides and Toxics PROGRAM are set out in Section 507 of Management Division, U.S. Title V of the CAA. In February 1992, ACTION: Direct final rule. Environmental Protection Agency, EPA issued Guidelines for the SUMMARY: EPA is approving a State Region I, One Congress Street, 10th Implementation of Section 507 of the Implementation Plan (SIP) revision floor, Boston, MA; Air and Radiation 1990 Clean Air Act Amendments, in submitted by the State of Maine for the Docket and Information Center, U.S. order to delineate the Federal and State purpose of establishing a Small Environmental Protection Agency, 401 roles in meeting the new statutory Business Stationary Source Technical M Street, S.W., (LE–131), Washington, provisions and as a tool to provide and Environmental Compliance D.C. 20460; and Department of further guidance to the States on Assistance Program (PROGRAM). This Environmental Protection, 71 Hospital submitting acceptable SIP revisions. SIP was submitted by the State to satisfy Street, Augusta, ME 04333. In order to gain full approval, the the Federal mandate to ensure that FOR FURTHER INFORMATION CONTACT: State submittal must provide for each of small businesses have access to the Emanuel Souza, Jr., (617) 565–3248. the following PROGRAM elements: (1) technical assistance and regulatory SUPPLEMENTARY INFORMATION: the establishment of a Small Business information necessary to comply with Implementation of the provisions of the Assistance Program (SBAP) to provide the Clean Air Act as amended in 1990 CAA, as amended in 1990, will require technical and compliance assistance to (CAA). regulation of many small businesses so small businesses; (2) the establishment 47286 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations of a State Small Business Ombudsman and in receiving permits under the Act from small business stationary sources to represent the interests of small in a timely and efficient manner. for modification of (A) any work businesses in the regulatory process; The State’s SBAP will be the practice or technological method of and (3) the creation of a Compliance responsibility of the small business compliance, or (B) the schedule of Advisory Panel (CAP) to determine and ombudsman and the staff within the milestones for implementing such work report on the overall effectiveness of the Office of Pollution prevention. The practice or method of compliance SBAP. implementation of the program will also preceding any applicable compliance involve various functional units within date, based on the technological and II. Analysis the Department of Environmental financial capability of any such small Maine has met all of the requirements Protection. The SBAP will assist air business stationary source. of section 507 by submitting a SIP emission sources by providing sources The SIP revision states that revision that implements all required with assistance in identifying applicable regulations for consideration of work PROGRAM elements. rules; determining the need for a permit; practices for technological methods of explaining permitting procedures; compliance exist in Maine’s regulations 1. Small Business Assistance Program providing the necessary forms and governing the Title V Operating Permit Section 507(a) sets forth six applications and assisting them in Program. All requests for modifications requirements 1 that the State must meet preparing the documents; providing will be considered according to the to have an approvable SBAP. The first sources with information on the Small regulations set forth in Title V whether requirement is to establish adequate Business Assistance Program; assisting or not that source is subject to Maine’s mechanisms for developing, collecting them by identifying compliance Title V Permit program. The regulations and coordinating information assistance; and referring small include: (1) procedures for receiving concerning compliance methods and businesses with specialized problems or requests from small businesses to technologies for small business concerns to the Ombudsman. modify the provisions of state adopted stationary sources, and programs to The fourth requirement is to develop regulations; (2) format of such requests; encourage lawful cooperation among adequate mechanisms to assure that (3) procedures for how requests shall be such sources and other persons to small business stationary sources reviewed and acted upon; and (4) further compliance with the Act. receive notice of their rights under the requirements to ensure that no such The SBAP has met this requirement Act in such manner and form as to modification may be granted unless it is by acting as a clearing house for assure reasonably adequate time for in compliance with the applicable developing, compiling and such sources to evaluate compliance requirements of the CAA, applicable SIP disseminating technical information for methods and any relevant or applicable or any Federal regulation. proposed or final regulation or small businesses. Mechanisms include 2. Ombudsman networking and obtaining information standards issued under the Act. from various agencies and departments The State has met this requirement by Section 507(a)(3) requires the within the State, EPA and business listing various mechanisms in the SIP designation of a State office to serve as sectors. The program will provide and revision which will be utilized while the Ombudsman for small business prepare industry guidelines for small implementing the program. These stationary sources. The State has met businesses. The State has also mechanisms include, among others, this requirement by placing the established a toll-free phone number to assistance in identifying applicable Ombudsman in the existing Office of the help answer small business questions. rules, explaining relevant issues, Pollution Prevention. A specific list of The second requirement is to providing information and notifying Ombudsman duties are listed in the SIP establish adequate mechanisms for small businesses of their rights and revision. Maine’s legislation legally assisting small business stationary obligations. authorizes the Ombudsman to carry out sources with pollution prevention and The fifth requirement is to develop the role and functions of the federally accidental release detection and adequate mechanisms for informing mandated position by specifically prevention, including providing small business stationary sources of addressing the requirements in section information concerning alternative their obligations under the Act, 507. including mechanisms for referring such technologies, process changes, products 3. Compliance Advisory Panel and methods of operation that help sources to qualified auditors or, at the Section 507(e) requires the State to reduce air pollution. option of the State, for providing audits establish a Compliance Advisory Panel The State has met this requirement by of the operations of such sources to that must include two members selected providing assistance to small businesses determine compliance with the Act. by the Governor who are not owners or by responding to telephone and written The State will meet this requirement representatives of owners of small requests. Additionally, the state will by preparing brochures outlining the businesses; four members selected by sponsor conferences, workshops, etc. to rights and obligations under the CAA the State legislature who are owners, or disseminate information. Maine’s small and the small business assistance represent owners, of small businesses; business assistance program is placed in program. This effort will be further and one member selected by the head of the State’s existing Office of Pollution supplemented by the staff’s the agency in charge of the Air Pollution Prevention. Therefore, the SBAP is built development of compliance and Permit Program. The State has met this on an already established program. permitting workshops. The audit requirement by incorporating the The third requirement is to develop a program will be funded primarily by the compliance advisory panel into the compliance and technical assistance Department with 25% of the cost of the existing Pollution Prevention Advisory program for small business stationary audit coming from the source. The State Committee. Since the compliance sources which assists small businesses will offer two types of audit services. advisory panel is being integrated into in determining applicable requirements The Department is also exploring other possibilities of establishing a more an already established panel, the State 1 A seventh requirement of Section 507(a), effective and efficient audit program. has revised the make-up of the formal establishment of an Ombudsman office, is The sixth requirement is to develop Pollution Prevention Advisory discussed in the next section. procedures for consideration of requests committee to meet the requirements of Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47287 section 507(e). The committee will be proposal because the Agency views this governments have elected to adopt the increased to 16 voting members. as a noncontroversial amendment and program provided for under Section 507 Selection of the panel members is anticipates no adverse comments. of the Clean Air Act. These rules may consistent with the CAA requirements However, in a separate document in this bind State, local and tribal governments and the additional members of the panel Federal Register publication, EPA is to perform certain actions and also do not change the overall makeup of the proposing to approve the SIP revision require the private sector to perform panel as required in section 507(e). should adverse or critical comments be certain duties. The rules being approved In addition to establishing the filed. This action removes the January by this action will impose no new membership of the CAP, the State 15, 1993 finding of failure to make a requirements because all affected PROGRAM delineates four submittal for the Small Business sources are already subject to these responsibilities of the Panel: (1) to Assistance Program. This action will be requirements under State law. render advisory opinions concerning the effective November 13, 1995 unless Accordingly, no additional costs to effectiveness of the SBAP and the adverse or critical comments are State, local, or tribal governments, or to difficulties encountered; (2) to received by October 12, 1995. the private sector, result from this periodically report to EPA concerning If the EPA receives such comments, action. EPA has also determined that the SBAP’s adherence to the principles this action will be withdrawn before the this final action does not include a of the Paperwork Reduction Act, the effective date by simultaneously mandate that may result in estimated Equal Access to Justice Act, and the publishing a subsequent notice that will costs of $100 million or more to State, Regulatory Flexibility Act; 2 (3) to withdraw the final action. All public local, or tribal governments in the review and assure that information for comments received will then be aggregate or to the private sector. small business stationary sources is addressed in a subsequent final rule Nothing in this action shall be easily understandable to the layperson; based on this action serving as a construed as permitting or allowing or and (4) the Ombudsman may serve as proposed rule. The EPA will not establishing a precedent for any future the Secretariat for the development and institute a second comment period on request for a revision to any SIP. Each dissemination of panel reports and this action. Any parties interested in request for revision to the SIP shall be advisory opinions. commenting on this action should do so considered separately in light of specific at this time. If no such comments are technical, economic, and environmental 4. Eligibility received, the public is advised that this factors and in relation to relevant Section 507(c)(1) of the CAA defines action will be effective on November 13, statutory and regulatory requirements. the term ‘‘small business stationary 1995. By today’s action, EPA is approving a source’’ as a stationary source that: Under the Regulatory Flexibility Act, state program created for the purpose of (A) Is owned or operated by a person 5 U.S.C. 600 et seq., EPA must prepare assisting small business stationary who employs 100 or fewer individuals, a regulatory flexibility analysis sources in complying with existing (B) Is a small business concern as assessing the impact of any proposed or statutory and regulatory requirements. defined in the Small Business Act; final rule on small entities. 5 U.S.C. The program being approved does not (C) Is not a major stationary source; §§ 603 and 604. Alternatively, EPA may impose any new regulatory burden on (D) Does not emit 50 tons per year certify that the rule will not have a small business stationary sources; it is a (tpy) or more of any regulated pollutant; significant impact on a substantial program under which small business and number of small entities. Small entities stationary sources may elect to take (E) Emits less than 75 tpy of all include small businesses, small not-for- advantage of assistance provided by the regulated pollutants. profit enterprises, and government State. Therefore, because EPA’s The SIP revision’s eligibility entities with jurisdiction over approval of this program does not requirements for the PROGRAM is populations of less than 50,000. impose any new regulatory consistent with the CAA. Additionally, This action has been classified as a requirements on small businesses, I the SIP revision says that it will be the Table 2 action by the Regional certify that it does not have a significant general policy of the Department of Administrator under the procedures impact on any small entities affected. Environmental Protection to assist all published in the Federal Register on Moreover, due to the nature of the business in meeting the requirements of January 19, 1989 (54 FR 2214–2225), as federal-state relationship under the the CAA. However, wherever resources revised by an October 4, 1993, CAA, preparation of a regulatory become a limiting factor in providing memorandum from Michael H. Shapiro, flexibility analysis would constitute such assistance, the Department will Acting Assistant Administrator for Air federal inquiry into the economic give priority to businesses which meet and Radiation. A future document will reasonableness of state action. The CAA the definition of small business inform the general public of these forbids EPA to base its actions stationary source under section tables. The Office of Management and concerning SIPs on such grounds. 507(c)(1) of the CAA. Budget exempted this action under Union Electric Co. v. U.S. E.P.A., 427 Executive Order 12866. U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C. Final Action Under Sections 202, 203, and 205 of 7410 (a)(2). In this action, EPA is approving the the Unfunded Mandates Reform Act of Under section 307(b)(1) of the Clean SIP revision implementing each of the 1995 (‘‘Unfunded Mandates Act’’), Air Act, petitions for judicial review of required PROGRAM elements required signed into law on March 22, 1995, EPA this action must be filed in the United by section 507 of the CAA. EPA is must undertake various actions in States Court of Appeals for the publishing this action without prior association with proposed or final rules appropriate circuit by November 13, that include a Federal mandate that may 1995. Filing a petition for 2 Section 507(e)(1)(B) requires the CAP to report result in estimated costs of $100 million reconsideration by the Administrator of on the compliance of the SBAP with these three or more to the private sector, local, or this final rule does not affect the finality Federal statutes. However, since State agencies are tribal governments in the aggregate. of this rule for the purposes of judicial not required to comply with them, EPA believes that the State PROGRAM must merely require the Through submission of this state review nor does it extend the time CAP to report on whether the SBAP is adhering to implementation plan or plan revision, within which a petition for judicial the general principles of these Federal statutes. the State and any affected local or tribal review may be filed, and shall not 47288 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations postpone the effectiveness of such rule 40 CFR Part 52 three conditions specified for full or action. This action may not be approval of the New Hampshire motor [NH17±01±7150a; A±1±FRL±5281±8] challenged later in proceedings to vehicle inspection and maintenance enforce its requirements. (See section Approval and Promulgation of Air program in the Federal Register of 307(b)(2).) Quality Implementation Plans; New October 12, 1994, (59 FR 51514). New Hampshire requested an extension from List of Subjects in 40 CFR Part 52 Hampshire; Extension of the Date To Meet Conditions for the Inspection and July 29, 1995, to November 14, 1995. Environmental protection, Air Maintenance Program Summary of SIP Revision pollution control, Incorporation by AGENCY: Environmental Protection On June 14, 1995, the State of New reference, Intergovernmental relations, Agency (EPA). Hampshire submitted a formal revision Small business assistance program. ACTION: Direct final rule. to its State Implementation Plan (SIP). Note: Incorporation by reference of the The SIP revision consists of a request for State Implementation Plan for the State of SUMMARY: EPA is approving a State extension of the date for submission of Maine was approved by the Director of the Implementation Plan (SIP) revision a SIP revision which meets the Federal Register on July 1, 1982. submitted by the State of New requirements of the three conditions Dated: April 24, 1995. Hampshire. This revision establishes specified in the Federal Register notice and allows for extension of the date for of October 12, 1994, from July 29, 1995, John P. DeVillars, the State of New Hampshire to meet the to November 14, 1995. New Hampshire Regional Administrator, Region I. conditions delineated in the Federal must meet these conditions before the Part 52 of chapter I, title 40 of the Register notice of October 12, 1994 (59 motor vehicle inspection and maintenance program can be approved. Code of Federal Regulations is amended FR 51514) from July 29, 1995, until November 14, 1995. New Hampshire This is consistent with the requirements as follows: must meet these conditions before the of Section 110 (k)(4) of the Clean Air PART 52Ð[AMENDED] motor vehicle inspection and Act which allows states up to one year maintenance program can be approved. to comply with conditions based on 1. The authority citation for part 52 The intended effect of this action is to commitments by a state to adopt continues to read as follows: approve a revision to the date for enforceable measures to meet SIP submission of required conditions in requirements. In New Hampshire’s case Authority: 42 U.S.C. 7401–7671q. accordance with Section 110(k)(4) of the these conditions call for (1) imposition Clean Air Act. of a more severe penalty for first time Subpart UÐMaine DATES: This final rule is effective inspection offenses, (2) adoption of on- November 13, 1995, unless notice is road testing standards, and (3) limiting 2. Section 52.1020 is amended by the use of compliance via diagnostic adding paragraph (c)(38) to read as received by October 12, 1995 that adverse or critical comments will be inspection to those vehicles for which it follows: submitted. If the effective date is is allowed under the EPA’s I/M rules. § 52.1020 Identification of plan. delayed, timely notice will be published November 14, 1995, is one year from the in the Federal Register. effective date of the New Hampshire * * * * * conditional approval notice and is ADDRESSES: Comments may be mailed to within the time allowed under section (c) * * * Susan Studlien, Acting Director, Air, (38) Revisions to the State 110(f)(4) to meet SIP conditions. Pesticides and Toxics Management The letter requesting this extension Implementation Plan establishing a Division, U.S. Environmental Protection was not the subject of a public hearing. Small Business Stationary Source Agency, Region I, JFK Federal Building, There is now insufficient time for New Technical and Environmental Boston, MA 02203. Copies of the Hampshire to hold public hearings on Compliance Assistance Program were documents relevant to this action are its recent request for an extension of submitted by the Maine Department of available for public inspection during time to meet the conditions of the I/M Environmental Protection on July 7, and normal business hours, by appointment, SIP approval. Although such hearings August 16, 1994. at the Air, Pesticides and Toxics are still required, in this case, EPA Management Division, U.S. (i) Incorporation by reference. believes it is not in the public interest Environmental Protection Agency, to demand that they occur prior to (A) Letter from the Maine Department Region I, One Congress Street, 10th taking action on this revision and thus of Environmental Protection dated July floor, Boston, MA; Air and Radiation require disapproval of New Hampshire’s 7, 1994 submitting a revision to the Docket and Information Center, U.S. I/M SIP. We note that New Hampshire Maine State Implementation Plan. Environmental Protection Agency, 401 held hearings on the submitted I/M (B) Revisions to the State M Street SW. (LE–131), Washington, program and provided the public an Implementation Plan for the Small D.C., 20460; and the Air Resources opportunity to comment on whether or Business Stationary Source Technical Division, Department of Environmental not the submittal complied with federal and Environmental Compliance Services, 64 North Main Street, Caller statutory and regulatory requirements . Assistance Program dated July 12, 1994 Box 2033, Concord, NH 03302–2033. Also, during EPA’s approval process, and effective on May 11, 1994. FOR FURTHER INFORMATION CONTACT: the public had an opportunity to Peter Hagerty, (617) 565–3224. comment on the proposed conditional (C) Letter from the Maine Department SUPPLEMENTARY INFORMATION: On June approval and address the State’s of Environmental Protection dated 14, 1995, the State of New Hampshire commitments to correct identified August 16, 1994 submitting a corrected submitted a formal revision to its State deficiencies. According, while the State page to the July 12, 1994 SIP revision. Implementation Plan (SIP). The SIP remains obligated to hold hearings on [FR Doc. 95–22152 Filed 9–11–95; 8:45 am] revision consists of a request to extend its commitments to adopt corrective BILLING CODE 6560±50±P the date for submission of a SIP revision measures, it merely is delaying such which meets the requirements of the hearings for a de minimus period. EPA Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47289 believes New Hampshire will hold program provided for under Section 110 not remove existing state requirements hearings on its commitments in of the Clean Air Act. These rules may nor does it substitute a new federal conjunction with the hearings on the bind State, local and tribal governments requirement. substantive corrective measures to perform certain actions and also On January 6, 1989, (OMB) waived themselves. require the private sector to perform Table 2 and Table 3 revisions (54 FR EPA is publishing this action without certain duties. To the extent that the 2222) from the requirements of Section prior proposal because the Agency rules being approved by this action will 3 of Executive Order 12291 for a period views this as a noncontroversial impose no new requirements, such amendment and anticipates no adverse sources are already subject to these of two years. EPA has submitted a comments. However, in a separate regulations under State law. request for a permanent waiver for Table document in this Federal Register Accordingly, no additional costs to 2 and Table 3 SIP revisions. OMB has publication, EPA is proposing to State, local, or tribal governments, or to agreed to continue the temporary waiver approve the SIP revision should adverse the private sector, result from this until such time as it rules on EPA’s or critical comments be filed. This action. EPA has also determined that request. action will be effective November 13, this final action does not include a Nothing in this action should be 1995 unless adverse or critical mandate that may result in estimated construed as permitting or allowing or comments are received by October 12, costs of $100 million or more to State, establishing a precedent for any future 1995. local, or tribal governments in the request for revision to any State If the EPA receives such comments, aggregate or to the private sector. implementation plan. Each request for this action will be withdrawn before the This action has been classified as a revision to the State implementation effective date by simultaneously Table 3 action by the Regional plan shall be considered separately in publishing a subsequent notice that will Administrator under the procedures light of specific technical, economic, withdraw the final action. All public published in the Federal Register on and environmental factors and in comments received will then be January 19, 1989 (54 FR 2214–2225), as addressed in a subsequent final rule revised by an October 4, 1993, relation to relevant statutory and based on this action serving as a memorandum from Michael H. Shapiro, regulatory requirements. proposed rule. The EPA will not Acting Assistant Administrator for Air Under section 307(b)(1) of the Clean institute a second comment period on and Radiation. A future document will Air Act, petitions for judicial review of this action. Any parties interested in inform the general public of these this action must be filed in the United commenting on this action should do so tables. States Court of Appeals for the at this time. If no such comments are The Office of Management and Budget appropriate circuit by November 13, received, the public is advised that this (OMB) has exempted this action from 1995. Filing a petition for action will be effective on November 13, review under Executive Order 12866. reconsideration by the Administrator of 1995. Conditional approvals of SIP this final rule does not affect the finality submittals under section 110 and Final Action of this rule for the purposes of judicial subchapter I, Part D of the CAA do not review nor does it extend the time EPA is approving an extension of the create any new requirements, but within which a petition for judicial date for the State of New Hampshire to simply approve requirements that the review may be filed, and shall not meet the conditions delineated in the State is already imposing. Therefore, postpone the effectiveness of such rule October 12, 1995 Federal Register from because the federal SIP-approval does or action. This action may not be July 29, 1995, until November 14, 1995. not impose any new requirements, I Under the Regulatory Flexibility Act, certify that it does not have a significant challenged later in proceedings to 5 U.S.C. § 600 et seq., EPA must prepare impact on any small entities affected. enforce its requirements. (See section a regulatory flexibility analysis Moreover, due to the nature of the 307(b)(2).) assessing the impact of any proposed or federal-state relationship under the List of Subjects in 40 CFR Part 52 final rule on small entities. 5 U.S.C. CAA, preparation of a regulatory §§ 603 and 604. Alternatively, EPA may flexibility analysis would constitute Environmental protection, Air certify that the rule will not have a federal inquiry into the economic pollution control, Carbon monoxide, significant impact on a substantial reasonableness of state action. The CAA Hydrocarbons, Incorporation by number of small entities. Small entities forbids EPA to base its actions reference, Nitrogen dioxide, Ozone. include small businesses, small not-for- concerning SIPs on such grounds. Note: Incorporation by reference of the profit enterprises, and government Union Electric Co. v. U.S. E.P.A., 427 State Implementation Plan for the State of entities with jurisdiction over U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C. New Hampshire was approved by the populations of less than 50,000. 7410 (a)(2). Director of the Federal Register on July 1, Under Sections 202, 203, and 205 of If the conditional approval is 1982. the Unfunded Mandates Reform Act of converted to a disapproval under 1995 (‘‘Unfunded Mandates Act’’), section 110(k), based on the State’s Dated: July 27, 1995. signed into law on March 22, 1995, EPA failure to meet the commitment, it will John P. DeVillars, must undertake various actions in not affect any existing state Regional Administrator, EPA—New England. association with proposed or final rules requirements applicable to small that include a Federal mandate that may entities. Federal disapproval of the state Part 52 of chapter I, title 40 of the result in estimated costs of $100 million submittal does not affect its state- Code of Federal Regulations is amended or more to the private sector, or to State, enforceability. Moreover, EPA’s as follows: local, or tribal governments in the disapproval of the submittal does not PART 52Ð[AMENDED] aggregate. impose a new federal requirement. Through submission of this state Therefore, EPA certifies that such implementation plan or plan revision, disapproval action does not have a 1. The authority citation for part 52 the State and any affected local or tribal significant impact on a substantial continues to read as follows: governments have elected to adopt the number of small entities because it does Authority: 42 U.S.C. 7401–7671q. 47290 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations Subpart EEÐNew Hampshire August 8, 1995 (60 FR 40292), EPA the Air and Radiation Docket and added § 52.2235 back into the CFR. Information Center, 401 M Street SW., 2. Section 52.1519 is amended by Today EPA is adding § 52.2235 Washington, DC 20460. adding paragraph (c)(3) to read as paragraph (b) back into the CFR. FOR FURTHER INFORMATION CONTACT: follows: Dated: August 22, 1995. Vicki Stamper, Environmental § 52.1519 Identification of plan. Patrick M. Tobin, Protection Agency, Region VIII, Air Programs Branch, 999 18th Street, Suite * * * * * * Acting Regional Administrator. (c) * * * 500, Denver, Colorado 80202–2466, Part 52 of chapter I, title 40, Code of (303) 293–1765. (3) Revision to the State Federal Regulations, is amended as Implementation Plan submitted by the follows: SUPPLEMENTARY INFORMATION: New Hampshire Air Resources Division I. Overview on June 14, 1995. PART 52Ð[AMENDED] (i) Incorporation by reference. On August 26, 1992, EPA proposed to (A) Letter from the New Hampshire 1. The authority citation for part 52 approve a revision to Section 3, Air Resources Division dated June 14, continues to read as follows: Particulates, of the WAQSR, which was 1995, submitting a revision to the New Authority: 42 U.S.C. 7401–7671q. submitted for approval in the SIP on Hampshire State Implementation Plan. September 6, 1988. The revision to 2. Section 52.2235 is amended by Section 3, which added subsection (d), [FR Doc. 95–22165 Filed 9–11–95; 8:45 am] adding paragraph (b) to read as follows: defined ‘‘ambient air’’ for surface coal BILLING CODE 6560±50±P § 52.2235 Control Strategy for Ozone. mines located in Wyoming’s Powder River Basin (PRB). The details of the * * * * * original proposed rule can be found at 40 CFR Part 52 (b) Nonregulatory provisions for the 57 FR 38641–38650. implementation of a basic I/M program After publication of the original [TN131±1±6794a; TN136±1±6795a; TN137± in Rutherford, Sumner, Williamson, and 1±6796a; FRL±5291±1] proposed action, EPA reevaluated the Wilson Counties, submitted on July 13, need to conduct the 30-year ‘‘life-of- Approval and Promulgation of Air 1994, were approved by EPA on mine’’ modeling as outlined in the Quality Implementation Plans: September 26, 1995. proposed action. As a result, a Tennessee; Basic Motor Vehicle [FR Doc. 95–22164 Filed 9–11–95; 8:45 am] Memorandum of Agreement (MOA) was Inspection and Maintenance Program BILLING CODE 6560±50±P written between Dennis Hemmer, Director of the Wyoming Department of AGENCY: Environmental Protection Environmental Quality (DEQ) and Agency (EPA). 40 CFR Part 52 Patricia D. Hull, Director of the Air, ACTION: Direct final rule; clarification. Radiation and Toxics Division in EPA [WY2±1±7126; FRL±5279±5] Region VIII, describing procedures to be SUMMARY: EPA is correcting minor errors followed by the State of Wyoming and in the amendments to the regulations Approval and Promulgation of State EPA in protecting the PM10 National which appeared in the Federal Register Implementation Plans; Wyoming; Revision to Section 3 Particulates Ambient Air Quality Standards on July 28, 1995 (60 FR 38694). This (NAAQS) in the Powder River Basin. action approved nonregulatory AGENCY: Environmental Protection The approach outlined in the MOA is provisions for the implementation of a Agency (EPA). based upon continued ambient air basic I/M program in Rutherford, ACTION: Final rule. quality monitoring, rather than Sumner, Williamson, and Wilson implementation of the 30-year life-of- Counties which are part of the SUMMARY: In this action, EPA is mine modeling study. A detailed Nashville, Tennessee, ozone approving a revision of the Wyoming discussion of the MOA is provided nonattainment area. State Implementation Plan (SIP) below. Since EPA changed the basis for EFFECTIVE DATE: September 26, 1995. submitted by the Governor of Wyoming approving the revisions to the State’s FOR FURTHER INFORMATION CONTACT: For on September 6, 1988. Specifically, a definition of ambient air, EPA re- information concerning this document, revision was made to the definition of proposed approval of these revisions on please contact Richard A. Schutt, Air ‘‘ambient air’’ in Section 3, Particulates, June 23, 1994 (see 59 FR 32395–32397). of the Wyoming Air Quality Standards Programs Branch, U.S. Environmental II. Memorandum of Agreement Protection Agency Region 4, 345 and Regulations (WAQSR). The action Courtland Street NE., Atlanta, GA makes the revised definition part of the A. Compliance 30365, (404) 347–3555 extension 4206. Federally approved SIP. The signed MOA between EPA and SUPPLEMENTARY INFORMATION: In the July EFFECTIVE DATE: This final rule is DEQ was submitted to the DEQ on 28, 1995 (60 FR 38694), final rule, EPA effective on October 12, 1995. January 24, 1994. A review of the PM10 approved nonregulatory provisions for ADDRESSES: Copies of the documents ambient monitoring data from the the implementation of a basic I/M relative to this action are available for Powder River Basin, as well as the program in Rutherford, Sumner, public inspection during normal actions by the DEQ and the Wyoming Williamson, and Wilson Counties in business hours at the following coal companies to maintain an adequate Tennessee in § 52.2235. This section locations: Environmental Protection ambient monitoring network, support had been added to the CFR in a direct Agency, Region VIII, Air Programs EPA’s view that these actions have final rule published by EPA on June 22, Branch, 999 18th Street, Denver, proven successful in maintaining the 1995 (60 FR 32469). This rule was Colorado 80202–2466; the Air Quality PM10 NAAQS in the region. Other withdrawn on August 7, 1995 (60 FR Division, Wyoming Department of factors that were taken into account 40101), after comments were received Environmental Quality, Herschler include: (1) The fact that the DEQ on the direct final rule, thereby Building, 4th Floor, 122 West 25th included in each PRB mining permit removing § 52.2235 from the CFR. On Street, Cheyenne, Wyoming 82002; and explicit requirements to implement best Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47291 available work practices (BAWP); (2) Ann. (W.S.A.), and Section 21(c)(v) of particulate matter attainment area to that the DEQ is using necessary the WAQSR addresses Best Available exclude the Kennecott/Puron PSD enforcement to ensure that BAWP are Control Technology measures for Baseline area, which is being designated being and will continue to be mining operations. as a separate particulate matter implemented; and (3) that the 3. Provide EPA with a written opinion attainment area. Thus, EPA’s action will probability of future PM10 NAAQS from the State’s Attorney General that ‘‘untrigger’’ the particulate matter minor violations in the area is small. the State has the authority to take source baseline date in the remaining For these reasons, EPA believes it is enforcement action against mines based Powder River Basin particulate matter appropriate to continue ambient upon violations of the PM10 NAAQS. attainment area. Refer to that direct final monitoring in place of a 30-year life-of- A letter from the Wyoming Attorney rule elsewhere in this Federal Register mine study, provided there are no General’s office set forth the for further details. violations of the PM10 NAAQS. The enforcement authority of the State of Dispersion modeling of coal mines for ambient monitoring network submitted Wyoming, as required by the MOA. The tracking PSD increment may be required to EPA in June 1992, remains in effect. letter referred to the general at some time in the future, if a new or If a PM10 exceedance is monitored, then enforcement provision of Section 35– modified major stationary source again one of the following two procedures 11–201, W.S.A., and to Section 3(a) of triggers the minor source baseline date would become effective: the WAQSR, which establishes the in the Powder River Basin or by January 1. In the event of an exceedance of the ambient standards for particulate matter 1, 2001 (as currently provided in the PM10 NAAQS or Prevention of and includes the calculation used for State’s definition of ‘‘minor source Significant Deterioration (PSD) demonstration of attainment from 40 baseline date’’), whichever occurs first. increments in the Powder River Basin, CFR part 50, appendix K. The submittal Final Action the State must expeditiously use all also included a reference to Section 35– necessary compliance tools, including 11–701, W.S.A., which allows the As discussed above, EPA re-proposed enforcement of BAWP requirements in Director of the DEQ to issue a Notice of action on the revision to the definition the State permits, to eliminate the Violation; a reference to Section 35–11– of ‘‘ambient air’’ in Section 3(d) of the likelihood of future exceedances of the 901(a), W.S.A., which provides for civil WAQSR on June 23, 1994, and no PM10 NAAQS or PSD increments caused penalties and injunctive relief against comments were received on that by the contributing source(s). ‘‘any person who violates * * * any proposed SIP approval. Therefore, EPA 2. If, in the opinion of EPA, the State regulation [or] standard;’’ and a is finalizing its approval of Section 3(d) does not initiate timely and appropriate reference to Section 35–11–901(j), of the WAQSR and is incorporating the action to address these exceedances, or W.S.A., which discusses criminal revised definition into the approved SIP if timely State action does not penalties. for Wyoming. The Agency has reviewed this request effectively resolve the issue of C. PSD Increments exceedances (i.e., if a violation of the for revision of the Federally-approved PM10 NAAQS occurs following the The issue of particulate matter SIP for conformance with the provisions timely and successful completion of any increment consumption was of the Amendments enacted on corrective action required by the State), temporarily resolved by the November 15, 1990, and has determined EPA will reevaluate the need for the establishment of a new Powder River that this action conforms with those State to implement a 30-year life-of- Basin section 107 area. (See 58 FR 4348, requirements. mine study. January 14, 1993.) This designation Nothing in this action should be effectively ‘‘untriggered’’ the minor construed as permitting or allowing or B. Conditions Agreed to in the MOA by source baseline date in the Powder establishing a precedent for any future the State of Wyoming River Basin particulate matter request for revision to any SIP. Each By signing the MOA, the State of attainment area and, thus, emissions request for revision to a SIP shall be Wyoming agreed to: from coal mines and other minor considered separately in light of specific 1. Conduct ambient air monitoring, sources were no longer consuming technical, economic, and environmental including overseeing the mines’ ambient particulate matter increment. factors and in relation to relevant monitoring networks, entering the data Since that time, a complete PSD statutory and regulatory requirements. into the Aerometric Information and permit application was received for the Under the Regulatory Flexibility Act, Retrieval System (AIRS) database, Kennecott/Puron facility in the PRB, 5 U.S.C. 600, et seq., EPA must prepare ensuring attainment of the primary and which would effectively trigger the a regulatory flexibility analysis secondary NAAQS for PM10 based upon minor source baseline date in the PRB. assessing the impact of any proposed or 40 CFR 50.6, requiring the minimum However, the State requested on final rule on small entities. 5 U.S.C. 603 frequency of sampling for PM10 based December 19, 1994 that the impact area and 604. Alternatively, EPA may certify on 40 CFR 58.13, and basing violations of this PSD source be designated as a that the rule will not have a significant upon the calculation in 40 CFR, part 50, separate section 107 area so that the economic impact on a substantial appendix K. minor source baseline date would only number of small entities. Small entities 2. Provide EPA with a summary of be triggered in the 1 µg/m3 impact area include small businesses, small not-for- BAWP for each mine, verification that of the Kennecott/Puron facility. Such a profit enterprises, and government the mines are employing BAWP, and a request is allowed under the Federal entities with jurisdiction over copy of the Wyoming State regulation PSD rules as long as the area to be populations of less than 50,000. which provides the State with the excluded from the Powder River Basin Approvals of SIP submittals under authority to enforce BAWP. particulate matter attainment area section 110 and subchapter I, part D of On December 2, 1993 the State of encompasses the entire 1 µg/m3 ambient the Clean Air Act do not create any new Wyoming DEQ submitted copies of the impact of the Kennecott/Puron facility. requirements, but simply approve regulations requested: the authority to In a separate rule in this Federal requirements that the State is already require and enforce BAWP through Register, EPA is approving the State’s imposing. Therefore, because the State regulation is contained in Section December 19, 1994 request and is Federal SIP-approval does not impose 35–11–801(a) of the Wyoming Statutes redesignating the Powder River Basin any new requirements, I certify that it 47292 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations does not have a significant impact on List of Subjects in 40 CFR Part 52 consistent with the requirements of the small entities affected. Moreover, due to Environmental protection, Air corresponding onshore area (‘‘COA’’), as the nature of the Federal-state pollution control, Intergovernment mandated by section 328(a)(1) of the relationship under the Clean Air Act, relations, Particulate matter, Reporting Clean Air Act (‘‘the Act’’), the Clean Air preparation of a regulatory flexibility and recordkeeping requirements. Act Amendments of 1990. The portion analysis would constitute Federal of the OCS air regulations that is being inquiry into the economic Dated: August 10, 1995. updated pertains to the requirements for reasonableness of state action. The Jack W. McGraw, OCS sources for which the Santa Clean Air Act forbids EPA to base its Acting Regional Administrator. Barbara County Air Pollution Control actions concerning SIPs on such Part 52, chapter I, title 40 of the Code District (Santa Barbara County APCD), grounds. Union Electric Co. v. U.S. of Federal Regulations is amended as South Coast Air Quality Management E.P.A., 427 U.S. 246, 256–66 (1976); 42 follows: District (South Coast AQMD), and the U.S.C. 7410(a)(2). Ventura County Air Pollution Control PART 52Ð[AMENDED] District (Ventura County APCD) are the Under Sections 202, 203, and 205 of designated COAs. The intended effect of the Unfunded Mandates Reform Act of 1. The authority citation for part 52 approving the requirements contained 1995 (‘‘Unfunded Mandates Act’’), continues to read as follows: in ‘‘Santa Barbara County Air Pollution signed into law on March 22, 1995, EPA Authority: 42 U.S.C. 7401–7671q. Control District Requirements must undertake various actions in Applicable to OCS Sources’’ (August, association with proposed or final rules Subpart ZZÐWyoming 1995), ‘‘South Coast Air Quality that include a Federal mandate that may Management District Requirements 2. Section 52.2620 is amended by result in estimated costs of $100 million Applicable to OCS Sources’’ (Part I and adding paragraph (c)(22) to read as or more to the private sector, or to State, II) (August, 1995), and ‘‘Ventura County follows: local, or tribal governments in the Air Pollution Control District aggregate. § 52.2620 Identification of plan. Requirements Applicable to OCS Through submission of this state * * * * * Sources’’ (August, 1995) is to regulate implementation plan or plan revision, (c) * * * emissions from OCS sources in the State and any affected local or tribal (22) On September 6, 1988, the accordance with the requirements governments have elected to adopt the Governor of Wyoming submitted onshore. program provided for under Section 110 revisions to Section 3 of the Wyoming EFFECTIVE DATE: This action is effective of the Clean Air Act. These rules may Air Quality Standards and Regulations, October 12, 1995. bind State, local and tribal governments adding subsection (d) which defines ADDRESSES: Copies of the documents to perform certain actions and also ‘‘ambient air’’ for surface coal mines relevant to this action are available for require the private sector to perform located in Wyoming’s Powder River public inspection during normal certain duties. The rules being approved Basin. business hours at the following by this action will impose no new (i) Incorporation by reference. locations: requirements; such sources are already (A) Revisions to Section 3(d) of the Rulemaking Section (A–5–3), Air and subject to these regulations under State Wyoming Air Quality Standards and Toxics Division, U.S. Environmental law. Accordingly, no additional costs to Regulations, effective June 5, 1987. Protection Agency, Region IX, 75 State, local, or tribal governments, or to (ii) Additional material. Hawthorne Street, San Francisco, CA the private sector, result from this (A) Memorandum of Agreement 94105. action. EPA has also determined that signed on December 22, 1993 by Dennis Environmental Protection Agency this final action does not include a Hemmer, Director, Department of (LE–6102), 401 ‘‘M’’ Street, SW., Room mandate that may result in estimated Environmental Quality, State of M–1500, Washington, DC 20460. costs of $100 million or more to State, Wyoming, and on January 24, 1994 by FOR FURTHER INFORMATION CONTACT: local, or tribal governments in the Patricia D. Hull, Director, Air, Radiation Christine Vineyard, Air and Toxics aggregate or to the private sector. and Toxics Division, EPA Region VIII. Division (A–5–3), U.S. EPA Region IX, 75 Hawthorne Street, San Francisco, CA [FR Doc. 95–22149 Filed 9–11–95; 8:45 am] Under section 307(b)(1) of the Clean 94105, Telephone: (415) 744–1197. Air Act, petitions for judicial review of BILLING CODE 6560±50±P this action must be filed in the United SUPPLEMENTARY INFORMATION: States Court of Appeals for the Background appropriate circuit by November 13, 40 CFR Part 55 On January 18, 1995 in 60 FR 3603 1995. Filing a petition for [FRL±5294±2] and June 13, 1995 in 60 FR 31128, EPA reconsideration by the Administrator of Outer Continental Shelf Air proposed to approve the following this final rule does not affect the finality requirements into the OCS Air of this rule for the purposes of judicial Regulations Consistency Update for California Regulations: ‘‘Santa Barbara County Air review nor does it extend the time Pollution Control District Requirements within which a petition for judicial AGENCY: Environmental Protection Applicable to OCS Sources’’, ‘‘South review must be filed, and shall not Agency (‘‘EPA’’). Coast Air Quality Management District postpone the effectiveness of such rule ACTION: Final rule—consistency update. Requirements Applicable to OCS or action. This action may not be Sources’’ (Part I and II), and ‘‘Ventura challenged later in proceedings to SUMMARY: EPA is finalizing the updates County Air Pollution Control District enforce its requirements (see section of the Outer Continental Shelf (‘‘OCS’’) Requirements Applicable to OCS 307(b)(2)). Air Regulations. The requirements Sources’’. These requirements are being The Office of Management and Budget applying to OCS sources located within promulgated in response to the (OMB) has exempted this regulatory 25 miles of states’ seaward boundaries submittal of rules from local air action from E.O. 12866 review. must be updated periodically to remain pollution control agencies. EPA has Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47293 evaluated the above requirements to C. Unfunded Mandates Applicable to OCS Sources (Part I and ensure that they are rationally related to Under Sections 202, 203, and 205 of Part II), August, 1995. the attainment or maintenance of federal the Unfunded Mandates Reform Act of (H) Ventura County Air Pollution or state ambient air quality standards or 1995 (‘‘Unfunded Mandates Act’’), Control District Requirements Part C of title I of the Act, that they are signed into law on March 22, 1995, EPA Applicable to OCS Sources, August, not designed expressly to prevent must undertake various actions in 1995. exploration and development of the association with proposed or final rules * * * * * OCS and that they are applicable to OCS that include a Federal mandate that may 3. Appendix A to CFR Part 55 is sources. 40 CFR 55.1. EPA has also result in estimated costs of $100 million amended by revising paragraph (b)(6), evaluated the rules to ensure that they or more to the private sector or to State, (7), and (8) under the heading are not arbitrary or capricious. 40 CFR local, or tribal governments in the ‘‘California’’ to read as follows: 55.12(e). In addition, EPA has excluded aggregate. administrative or procedural rules. EPA has determined that the final Appendix A to 40 CFR Part 55—Listing A 30-day public comment period was action promulgated today does not of State and Local Requirements provided in 60 FR 3603 and 60 FR include a federal mandate that may Incorporated by Reference Into Part 55, 31128 and no comments were received. result in estimated costs of $100 million by State. EPA Action or more to either State, local, or tribal * * * * * governments in the aggregate, or to the California In this document, EPA takes final private sector. This federal action * * * * * action to incorporate the proposed approves pre-existing requirements (b) * * * changes into 40 CFR part 55. No under State or local law, and imposes (6) The following requirements are changes were made to the proposals set no new federal requirements. contained in Santa Barbara County Air forth in the January 18, 1995 and June Accordingly, no additional costs to the Pollution Control District Requirements 13, 1995 notices of proposed State, local, or tribal governments, or to Applicable to OCS Sources, August, 1995: rulemaking. EPA is approving the the private sector, result from the action. Rule 102 Definitions (Adopted 7/30/91) submittals as modified under section Rule 103 Severability (Adopted 10/23/78) 328(a)(1) of the Act, 42 U.S.C. 7627. List of Subjects in 40 CFR Part 55 Rule 201 Permits Required (Adopted 7/2/ Environmental protection, 79) Section 328(a) of the Act requires that Rule 202 Exemptions to Rule 201 (Adopted EPA establish requirements to control Administrative practice and procedures, 3/10/92) air pollution from OCS sources located Air pollution control, Hydrocarbons, Rule 203 Transfer (Adopted 10/23/78) within 25 miles of states’ seaward Incorporation by reference, Rule 204 Applications (Adopted 10/23/78) boundaries that are the same as onshore Intergovernmental relations, Nitrogen Rule 205 Standards for Granting requirements. To comply with this dioxide, Nitrogen oxides, Outer Applications (Adopted 7/30/91) statutory mandate, EPA must Continental Shelf, Ozone, Particulate Rule 206 Conditional Approval of incorporate applicable onshore rules matter, Permits, Reporting and Authority to Construct or Permit to into Part 55 as they exist onshore. recordkeeping requirements, Sulfur Operate (Adopted 10/15/91) oxides. Rule 207 Denial of Application (Adopted Administrative Requirements 10/23/78) Dated: August 25, 1995. Rule 210 Fees (Adopted 5/7/91) A. Executive Order 12291 (Regulatory Felicia Marcus, Rule 212 Emission Statements (Adopted 10/ Impact Analysis) Regional Administrator. 20/92) Rule 301 Circumvention (Adopted 10/23/ The Office of Management and Budget Title 40 of the Code of Federal 78) has exempted this action from Executive Regulations, part 55, is to be amended Rule 302 Visible Emissions (Adopted 10/ Order 12866 review. as follows: 23/78) Rule 304 Particulate Matter-Northern Zone B. Regulatory Flexibility Act PART 55Ð[AMENDED] (Adopted 10/23/78) The Regulatory Flexibility Act of 1980 Rule 305 Particulate Matter Concentration- 1. The authority citation for part 55 requires each federal agency to perform Southern Zone (Adopted 10/23/78) continues to read as follows: Rule 306 Dust and fumes-Northern Zone a Regulatory Flexibility Analysis for all Authority: Section 328 of the Clean Air Act (Adopted 10/23/78) rules that are likely to have a Rule 307 Particulate Matter Emission ‘‘significant impact on a substantial (42 U.S.C. § 7401 et seq.) as amended by Public Law 101–549. Weight Rate-Southern Zone (Adopted number of small entities.’’ Small entities 10/23/78) include small businesses, organizations, 2. Section 55.14 is amended by Rule 308 Incinerator Burning (Adopted 10/ and governmental jurisdictions. revising paragraphs (e)(3)(ii)(F), (G), and 23/78) As was stated in the final regulation, (H) to read as follows: Rule 309 Specific Contaminants (Adopted the OCS rule does not apply to any 10/23/78) § 55.14 Requirements that apply to OCS Rule 310 Odorous Organic Sulfides small entities, and the structure of the sources located within 25 miles of states' (Adopted 10/23/78) rule averts direct impacts and mitigates seaward boundaries, by state. Rule 311 Sulfur Content of Fuels (Adopted indirect impacts on small entities. This * * * * * 10/23/78) consistency update merely incorporates (e) * * * Rule 312 Open Fires (Adopted 10/2/90) onshore requirements into the OCS rule (3) * * * Rule 316 Storage and Transfer of Gasoline to maintain consistency with onshore (ii) * * * (Adopted 12/14/93) regulations as required by section 328 of (F) Santa Barbara County Air Rule 317 Organic Solvents (Adopted 10/23/ 78) the Act and does not alter the structure Pollution Control District Requirements of the rule. Rule 318 Vacuum Producing Devices or Applicable to OCS Sources, August, Systems-Southern Zone (Adopted 10/23/ The EPA certifies that this final rule 1995. 78) will not have a significant impact on a (G) South Coast Air Quality Rule 321 Control of Degreasing Operations substantial number of small entities. Management District Requirements (Adopted 7/10/90) 47294 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations Rule 322 Metal Surface Coating Thinner Rule 212 Standards for Approving Permits Rule 708 Plans (Adopted 7/9/82) and Reducer (Adopted 10/23/78) (Adopted 8/12/94) except (c)(3) and (e) Rule 708.1 Stationary Sources Required to Rule 323 Architectural Coatings (Adopted Rule 214 Denial of Permits (Adopted 1/5/ File Plans (Adopted 4/4/80) 2/20/90) 90) Rule 708.2 Content of Stationary Source Rule 324 Disposal and Evaporation of Rule 217 Provisions for Sampling and Curtailment Plans (Adopted 4/4/80) Solvents (Adopted 10/23/78) Testing Facilities (Adopted 1/5/90) Rule 708.4 Procedural Requirements for Rule 325 Crude Oil Production and Rule 218 Stack Monitoring (Adopted 8/7/ Plans (Adopted 7/11/80) Separation (Adopted 1/25/94) 81) Rule 709 First Stage Episode Actions Rule 326 Storage of Reactive Organic Liquid Rule 219 Equipment Not Requiring a (Adopted 7/11/80) Compounds (Adopted 12/14/93) Written Permit Pursuant to Regulation II Rule 710 Second Stage Episode Actions Rule 327 Organic Liquid Cargo Tank Vessel (Adopted 8/12/94) (Adopted 7/11/80) Loading (Adopted 12/16/85) Rule 220 Exemption—Net Increase in Rule 711 Third Stage Episode Actions Rule 328 Continuous Emission Monitoring Emissions (Adopted 8/7/81) (Adopted 7/11/80) (Adopted 10/23/78) Rule 221 Plans (Adopted 1/4/85) Rule 712 Sulfate Episode Actions (Adopted Rule 330 Surface Coating of Miscellaneous Rule 301 Permit Fees (Adopted 6/10/94) 7/11/80) Metal Parts and Products (Adopted 11/ except (e)(3) and Table IV Rule 715 Burning of Fossil Fuel on Episode 13/90) Rule 304 Equipment, Materials, and Days (Adopted 8/24/77) Rule 331 Fugitive Emissions Inspection and Ambient Air Analyses (Adopted 6/10/94) Regulation IX New Source Performance Maintenance (Adopted 12/10/91) Rule 304.1 Analyses Fees (Adopted 6/10/ Standards (Adopted 4/8/94) Rule 332 Petroleum Refinery Vacuum 94) Rule 1106 Marine Coatings Operations Producing Systems, Wastewater Rule 305 Fees for Acid Deposition (Adopted 1/13/95) Separators and Process Turnarounds (Adopted 10/4/91) Rule 1107 Coating of Metal Parts and (Adopted 6/11/79) Rule 306 Plan Fees (Adopted 6/10/94) Products (Adopted 8/2/91) Rule 333 Control of Emissions from Rule 309 Fees for Regulation XVI (Adopted Rule 1109 Emissions of Oxides of Nitrogen Reciprocating Internal Combustion 6/10/94) for Boilers and Process Heaters in Engines (Adopted 12/10/91) Rule 401 Visible Emissions (Adopted 4/7/ Petroleum Refineries (Adopted 8/5/88) Rule 342 Control of Oxides of Nitrogen 89) Rule 1110 Emissions from Stationary (NOX from Boilers, Steam Generators and Rule 403 Fugitive Dust (Adopted 7/9/93) Internal Combustion Engines Process Heaters) (Adopted 03/10/92) Rule 404 Particulate Matter—Concentration (Demonstration) (Adopted 11/6/81) Rule 343 Petroleum Storage Tank Degassing (Adopted 2/7/86) (Adopted 12/14/93) Rule 405 Solid Particulate Matter—Weight Rule 1110.1 Emissions from Stationary Rule 359 Flares and Thermal Oxidizers (6/ (Adopted 2/7/86) Internal Combustion Engines (Adopted 28/94) Rule 407 Liquid and Gaseous Air 10/4/85) Rule 505 Breakdown Conditions Sections Contaminants (Adopted 4/2/82) Rule 1110.2 Emissions from Gaseous and A.,B.1,. and D. only (Adopted 10/23/78) Rule 408 Circumvention (Adopted 5/7/76) Liquid-Fueled Internal Combustion Rule 603 Emergency Episode Plans Rule 409 Combustion Contaminants Engines (Adopted 12/9/94) (Adopted 6/15/81) (Adopted 8/7/81) Rule 1113 Architectural Coatings (Adopted Rule 702 General Conformity (Adopted 10/ Rule 429 Start-Up and Shutdown 9/6/91) 20/94) Provisions for Oxides of Nitrogen Rule 1116.1 Lightering Vessel Operations- (7) The following requirements are (Adopted 12/21/90) Sulfur Content of Bunker Fuel (Adopted contained in South Coast Air Quality Rule 430 Breakdown Provisions, (a) and (e) 10/20/78) Management District Requirements only. (Adopted 5/5/78) Rule 1121 Control of Nitrogen Oxides from Applicable to OCS Sources, August, 1995: Rule 431.1 Sulfur Content of Gaseous Fuels Residential-Type Natural Gas-Fired Water Heaters (Adopted 12/1/78) Rule 102 Definition of Terms (Adopted 11/ (Adopted 10/2/92) Rule 1122 Solvent Cleaners (Degreasers) 4/88) Rule 431.2 Sulfur Content of Liquid Fuels Rule 103 Definition of Geographical Areas (Adopted 5/4/90) (Adopted 4/5/91) (Adopted 1/9/76) Rule 431.3 Sulfur Content of Fossil Fuels Rule 1123 Refinery Process Turnarounds Rule 104 Reporting of Source Test Data and (Adopted 5/7/76) (Adopted 12/7/90) Analyses (Adopted 1/9/76) Rule 441 Research Operations (Adopted 5/ Rule 1129 Aerosol Coatings (Adopted 11/2/ Rule 108 Alternative Emission Control 7/76) 90) Plans (Adopted 4/6/90) Rule 442 Usage of Solvents (Adopted 3/5/ Rule 1134 Emissions of Oxides of Nitrogen Rule 109 Recordkeeping for Volatile 82) from Stationary Gas Turbines (Adopted Organic Compound Emissions (Adopted Rule 444 Open Fires (Adopted 10/2/87) 8/4/89) 3/6/92) Rule 463 Storage of Organic Liquids Rule 1136 Wood Products Coatings Rule 201 Permit to Construct (Adopted 1/5/ (Adopted 3/11/94) (Adopted 8/12/94) 90) Rule 465 Vacuum Producing Devices or Rule 1140 Abrasive Blasting (Adopted 8/2/ Rule 201.1 Permit Conditions in Federally Systems (Adopted 11/1/91) 85) Issued Permits to Construct (Adopted 1/ Rule 468 Sulfur Recovery Units (Adopted Rule 1142 Marine Tank Vessel Operations 5/90) 10/8/76) (Adopted 7/19/91) Rule 202 Temporary Permit to Operate Rule 473 Disposal of Solid and Liquid Rule 1146 Emissions of Oxides of Nitrogen (Adopted 5/7/76) Wastes (Adopted 5/7/76) from Industrial, Institutional, and Rule 203 Permit to Operate (Adopted 1/5/ Rule 474 Fuel Burning Equipment-Oxides Commercial Boilers, Steam Generators, 90) of Nitrogen (Adopted 12/4/81) and Process Heaters (Adopted 5/13/94) Rule 204 Permit Conditions (Adopted 3/6/ Rule 475 Electric Power Generating Rule 1146.1 Emission of Oxides of Nitrogen 92) Equipment (Adopted 8/7/78) from Small Industrial, Institutional, and Rule 205 Expiration of Permits to Construct Rule 476 Steam Generating Equipment Commercial Boilers, Steam Generators, (Adopted 1/5/90) (Adopted 10/8/76) and Process Heaters (Adopted 5/13/94) Rule 206 Posting of Permit to Operate Rule 480 Natural Gas Fired Control Devices Rule 1148 Thermally Enhanced Oil (Adopted 1/5/90) (Adopted 10/7/77) Recovery Wells (Adopted 11/5/82) Rule 207 Altering or Falsifying of Permit Addendum to Regulation IV (Effective 1977) Rule 1149 Storage Tank Degassing (Adopted 1/9/76) Rule 701 General (Adopted 7/9/82) (Adopted 4/1/88) Rule 208 Permit for Open Burning Rule 702 Definitions (Adopted 7/11/80) Rule 1168 Control of Volatile Organic (Adopted 1/5/90) Rule 704 Episode Declaration (Adopted 7/ Compound Emissions from Adhesive Rule 209 Transfer and Voiding of Permits 9/82) Application (Adopted 12/10/93) (Adopted 1/5/90) Rule 707 Radio—Communication System Rule 1173 Fugitive Emissions of Volatile Rule 210 Applications (Adopted 1/5/90) (Adopted 7/11/80) Organic Compounds (Adopted 5/13/94) Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47295 Rule 1176 Sumps and Wastewater Rule 18 Permit to Operate Application Rule 71.1 Crude Oil Production and Separators (Adopted 5/13/94) (Adopted 8/17/76) Separation (Adopted 6/16/92) Rule 1301 General (Adopted 6/28/90) Rule 19 Posting of Permits (Adopted 5/23/ Rule 71.2 Storage of Reactive Organic Rule 1302 Definitions (Adopted 5/3/91) 72) Compound Liquids (Adopted 9/26/89) Rule 1303 Requirements (Adopted 5/3/91) Rule 20 Transfer of Permit (Adopted 5/23/ Rule 71.3 Transfer of Reactive Organic Rule 1304 Exemptions (Adopted 9/11/92) 72) Compound Liquids (Adopted 6/16/92) Rule 1306 Emission Calculations (Adopted Rule 21 Expiration of Applications and Rule 71.4 Petroleum Sumps, Pits, Ponds, 5/3/91) Permits (Adopted 6/23/81) and Well Cellars (Adopted 6/8/93) Rule 1313 Permits to Operate (Adopted 6/ Rule 23 Exemptions from Permits (Adopted Rule 71.5 Glycol Dehydrators (Adopted 12/ 28/90) 12/13/94) 13/94) Rule 1403 Asbestos Emissions from Rule 24 Source Recordkeeping, Reporting, Rule 72 New Source Performance Standards Demolition/Renovation Activities and Emission Statements (Adopted 9/15/ (NSPS) (Adopted 6/28/94) (Adopted 4/8/94) 92) Rule 74 Specific Source Standards Rule 1610 Old-Vehicle Scrapping (Adopted Rule 26 New Source Review (Adopted 10/ (Adopted 7/6/76) 1/14/94) 22/91) Rule 74.1 Abrasive Blasting (Adopted 11/ Rule 1701 General (Adopted 1/6/89) Rule 26.1 New Source Review—Definitions 12/91) Rule 1702 Definitions (Adopted 1/6/89) (Adopted 10/22/91) Rule 74.2 Architectural Coatings (Adopted Rule 1703 PSD Analysis (Adopted 10/7/88) Rule 26.2 New Source Review— 08/11/92) Rule 1704 Exemptions (Adopted 1/6/89) Requirements (Adopted 10/22/91) Rule 74.6 Surface Cleaning and Degreasing Rule 1706 Emission Calculations (Adopted Rule 26.3 New Source Review—Exemptions (Adopted 5/8/90) 1/6/89) (Adopted 10/22/91) Rule 74.6.1 Cold Cleaning Operations Rule 1713 Source Obligation (Adopted 10/ Rule 26.6 New Source Review— 7/88) (Adopted 9/12/89) Calculations (Adopted 10/22/91) Rule 74.6.2 Batch Loaded Vapor Degreasing Regulation XVII Appendix (effective 1977) Rule 26.8 New Source Review—Permit To Rule 1901 General Conformity (Adopted 9/ Operations (Adopted 9/12/89) Operate (Adopted 10/22/91) Rule 74.7 Fugitive Emissions of Reactive 9/94) Rule 26.10 New Source Review—PSD Organic Compounds at Petroleum Rule 2000 General (Adopted 10/15/93) (Adopted 10/22/91) Refineries and Chemical Plants (Adopted Rule 2001 Applicability (Adopted 10/15/ Rule 28 Revocation of Permits (Adopted 7/ 1/10/89) 93) 18/72) Rule 74.8 Refinery Vacuum Producing Rule 2002 Allocations for Oxides of Rule 29 Conditions on Permits (Adopted Systems, Waste-water Separators and Nitrogen (NOX) and Oxides of Sulfur 10/22/91) Process Turnarounds (Adopted 7/5/83) (SOX) (Adopted 10/15/93) Rule 30 Permit Renewal (Adopted 5/30/89) Rule 74.9 Stationary Internal Combustion Rule 2004 Requirements (Adopted 10/15/ Rule 32 Breakdown Conditions: Emergency Engines (Adopted 12/21/93) 93) except (l) (2 and 3) Variances, A., B.1., and D. only. Rule 2005 New Source Review for (Adopted 2/20/79) Rule 74.10 Components at Crude Oil RECLAIM (Adopted 10/15/93) except (i) Rule 34 Acid Deposition Control (Adopted Production Facilities and Natural Gas Rule 2006 Permits (Adopted 10/15/93) 3/14/95) Production and Processing Facilities Rule 2007 Trading Requirements (Adopted Appendix II–A Information Required for (Adopted 6/16/92) 10/15/93) Applications to the Air Pollution Control Rule 74.11 Natural Gas-Fired Residential Rule 2008 Mobile Source Credits (Adopted District (Adopted 12/86) Water Heaters-Control of NOx (Adopted 10/15/93) Appendix II–B Best Available Control 4/9/85) Rule 2010 Administrative Remedies and Technology (BACT) Tables (Adopted 12/ Rule 74.12 Surface Coating of Metal Parts Sanctions (Adopted 10/15/93) 86) and Products (Adopted 12/13/94) Rule 2011 Requirements for Monitoring, Rule 42 Permit Fees (Adopted 7/12/94) Rule 74.15 Boilers, Steam Generators and Reporting, and Recordkeeping for Oxides Rule 44 Exemption Evaluation Fee Process Heaters (5MM BTUs and greater) of Sulfur (SOX) Emissions (Adopted 10/ (Adopted 1/8/91) (Adopted 11/8/94) 15/93) Rule 45 Plan Fees (Adopted 6/19/90) Rule 74.15.1 Boilers, Steam Generators and Appendix A Volume IV—(Protocol for oxides Rule 45.2 Asbestos Removal Fees (Adopted Process Heaters (1–5MM BTUs) of sulfur) (Adopted 9/9/94) 8/4/92) (Adopted 5/11/93) Rule 2012 Requirements for Monitoring, Rule 50 Opacity (Adopted 2/20/79) Rule 74.16 Oil Field Drilling Operations Reporting, and Recordkeeping for Oxides Rule 52 Particulate Matter-Concentration (Adopted 1/8/91) of Nitrogen (NOX) Emissions (Adopted (Adopted 5/23/72) Rule 74.20 Adhesives and Sealants 10/15/93) Rule 53 Particulate Matter-Process Weight (Adopted 6/8/93) Appendix A Volume V—(Protocol for oxides (Adopted 7/18/72) Rule 74.23 Stationary Gas Turbines of nitrogen) (Adopted 9/9/94) Rule 54 Sulfur Compounds (Adopted 6/14/ (Adopted 3/14/95) Rule 2015 Backstop Provisions (Adopted 94) Rule 74.24 Marine Coating Operations 10/15/93) except (b)(1)(G) and (b)(3)(B) Rule 56 Open Fires (Adopted 3/29/94) (Adopted 3/8/94) (8) The following requirements are Rule 57 Combustion Contaminants-Specific Rule 74.26 Crude Oil Storage Tank contained in Ventura County Air Pollution (Adopted 6/14/77) Degassing Operations (Adopted 11/8/94) Control District Requirements Applicable to Rule 60 New Non-Mobile Equipment-Sulfur Rule 74.27 Gasoline and ROC Liquid OCS Sources, August, 1995: Dioxide, Nitrogen Oxides, and Storage Tank Degassing Operations Rule 2 Definitions (Adopted 12/15/92) Particulate Matter (Adopted 7/8/72) (Adopted 11/8/94) Rule 5 Effective Date (Adopted 5/23/72) Rule 62.7 Asbestos—Demolition and Rule 74.28 Asphalt Roofing Operations Rule 6 Severability (Adopted 11/21/78) Renovation (Adopted 6/16/92) (Adopted 5/10/94) Rule 7 Zone Boundaries (Adopted 6/14/77) Rule 63 Separation and Combination of Rule 74.30 Wood Products Coatings Rule 10 Permits Required (Adopted 7/5/83) Emissions (Adopted 11/21/78) (Adopted 5/17/94) Rule 11 Application Contents (Adopted 8/ Rule 64 Sulfur Content of Fuels (Adopted Rule 75 Circumvention (Adopted 11/27/78) 15/78) 6/14/94) Appendix IV–A Soap Bubble Tests Rule 12 Statement by Application Preparer Rule 66 Organic Solvents (Adopted 11/24/ (Adopted 12/86) (Adopted 6/16/87) 87) Rule 100 Analytical Methods (Adopted 7/ Rule 13 Statement by Applicant (Adopted Rule 67 Vacuum Producing Devices 18/72) 11/21/78) (Adopted 7/5/83) Rule 101 Sampling and Testing Facilities Rule 14 Trial Test Runs (Adopted 5/23/72) Rule 68 Carbon Monoxide (Adopted 6/14/ (Adopted 5/23/72) Rule 15.1 Sampling and Testing Facilities 77) Rule 102 Source Tests (Adopted 11/21/78) (Adopted 10/12/93) Rule 71 Crude Oil and Reactive Organic Rule 103 Stack Monitoring (Adopted 6/4/ Rule 16 Permit Contents (Adopted 12/2/80) Compound Liquids (Adopted 12/13/94) 91) 47296 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations Rule 154 Stage 1 Episode Actions (Adopted submit operating permits programs to must be evaluated based on the part 70 9/17/91) the EPA by November 15, 1993, and that rules and interpretations in place at the Rule 155 Stage 2 Episode Actions (Adopted the EPA act to approve or disapprove time of approval. In any case, the 9/17/91) each program within one year after premise of NEDA-CARP’s comment is Rule 156 Stage 3 Episode Actions (Adopted receiving the submittal. The EPA’s 9/17/91) incorrect. Apparently basing its Rule 158 Source Abatement Plans (Adopted program review occurs pursuant to comment on drafts of a proposed 9/17/91) section 502 of the Act and the part 70 revision to part 70, NEDA-CARP claims Rule 159 Traffic Abatement Procedures regulations, which together outline that the proposal would allow an R&D (Adopted 9/17/91) criteria for approval or disapproval. facility to be treated separately for * * * * * Where a program substantially, but not applicability purposes regardless of its [FR Doc. 95–22519 Filed 9–11–95; 8:45 am] fully, meets the requirements of part 70, Standard Industrial Classification (SIC) the EPA may grant the program interim BILLING CODE 6050±50±P code or whether it functions as a approval for a period of up to two years. support facility. While it is true that the If the EPA has not fully approved a proposed rule would create a separate 40 CFR Part 70 program by two years after the date of industrial classification for R&D, the November 15, 1993, or by the end of an preamble to the proposed rule clarifies [LA±001; FRL±5293±3] interim program, it must establish and that this is a codification of the EPA’s implement a Federal program. Clean Air Act Final Full Approval of previous understanding of the SIC code On August 25, 1994, the EPA test embodied in the current part 70, Operating Permits Program; Louisiana proposed interim approval of the Department of Environmental Quality which would allow an R&D facility to be Operating Permits program submitted treated separately only if it belongs to a AGENCY: Environmental Protection by the LDEQ on November 15, 1993, to separate two digit SIC code. Moreover, Agency (EPA). meet the requirements of part 70 and the proposal expressly retains from the title V of the Act. (See 59 FR 43797, ACTION: Final full approval. SIC code approach the duty to aggregate August 25, 1994) (hereafter Interim an R&D facility with other on-site SUMMARY: The EPA is promulgating full Approval Notice). Many comments were sources for which it functions as a approval of the Louisiana Operating received on the Interim Approval support facility. Therefore, the EPA Permits program submitted by the Notice. The LDEQ provided comments continues to believe that these changes Governor of Louisiana for the Louisiana and revised their Operating Permits to Louisiana’s Operating Permits Department of Environmental Quality program to address the issues discussed program were necessary for full (LDEQ) for the purpose of complying in the Interim Approval Notice. These approval. with Federal requirements which revisions were sent to the EPA on NEDA-CARP’s other comments were mandate that States develop, and submit November 10, 1994. On April 7, 1995, supportive of the positions taken by the to EPA, programs for issuing operating the EPA rescinded the proposed interim EPA in the Full Approval Notice such permits to all major stationary sources, approval, addressed all comments as the definitions of ‘‘title I and to certain other sources. received on the Interim Approval modification’’ and ‘‘case-by-case’’ Notice, and proposed full approval of EFFECTIVE DATE: This program will be determinations, and the approval of the effective October 12, 1995. the Operating Permits program for the insignificant activities and criteria. LDEQ based on the revised Operating ADDRESSES: Copies of the State’s In this notice, the EPA is taking final Permits program. (See 60 FR 17750, action to promulgate full approval of the submittal and other supporting April 7, 1995) (hereafter Full Approval information used in developing the final Operating Permits program for the Notice). The EPA received public LDEQ. full approval are available for inspection comment on the Full Approval Notice during normal business hours at the and compiled a technical support II. Final Action and Implications following location: document which describes the A. Analysis of State Submission Environmental Protection Agency, Operating Permits program in greater Region 6, Air Permits Section (6PD– detail. On April 7, 1995, the EPA proposed R), 1445 Ross Avenue, Suite 700, A single commentor, the National full approval of the State of Louisiana’s Dallas, Texas 75202–2733. Environmental Development Title V Operating Permits program. (See Louisiana Department of Environmental Association-Clean Air Regulatory 60 FR 17750). The program elements Quality, Office of Air Quality, 7290 Project (NEDA-CARP), provided discussed in the proposed notice are Bluebonnet Boulevard, P.O. Box comments on the Full Approval Notice. unchanged from the analysis in the Full 82135, Baton Rouge, Louisiana NEDA-CARP was concerned that the Approval Notice and continue to fully 70884–2135. EPA was requiring the LDEQ to revise meet the requirements of 40 CFR part FOR FURTHER INFORMATION CONTACT: its regulatory provision on research and 70. Joyce P. Stanton, Multimedia Planning development (R&D) facilities to prevent In the Interim Approval Notice, the and Permitting Division, Environmental R&D facilities from being considered following items were delineated as Protection Agency, Region 6, 1445 Ross separately from sources with which they deficiencies in the Louisiana Operating Avenue, Suite 700, Dallas, Texas 75202– are co-located, in order to receive full permit program: State confidentiality 2733, telephone 214–665–7547. approval. NEDA-CARP stated its belief provisions could be interpreted to that the EPA was not correct in its protect the contents of the permit itself SUPPLEMENTARY INFORMATION: interpretation of 40 CFR part 70 and that from disclosure; Louisiana I. Background and Purpose it is likely that the part 70 rules will be Administrative Code (LAC) revised in the near future to allow States 33:III.501.B.7 allowed the permitting A. Introduction the flexibility to consider co-located authority to consider a certain complex Title V of the Clean Air Act (‘‘the R&D facilities separately from the within a facility as a source separate Act’’), and implementing regulations at source. The EPA appreciates NEDA- from the facility with which it is co- 40 Code of Federal Regulations (CFR) CARP’s concerns; however, the located, provided that the complex is part 70 require that States develop and Louisiana Operating Permits program used solely for R & D of new processes Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47297 and/or products, and is not engaged in III. Administrative Requirements the private sector, result from this the manufacture of products for action. A. Docket commercial sale; deadlines for submittal List of Subjects in 40 CFR Part 70 of Acid Rain permits were inconsistent; Copies of the State’s submittal and LAC 33.III.521.A.6 appeared to allow other information relied upon for the Administrative practice and administrative amendments to permits final full approval, including the public procedure, Air pollution control, to incorporate certain ‘‘off-permit’’ comments received and reviewed by the Environmental protection, changes; it was unclear whether the EPA on the proposal, are contained in Intergovernmental relations, Operating State could lawfully require records to the docket maintained at the EPA permits, Reporting and recordkeeping be retained for five years; LAC Regional Office. The docket is an requirements. 33.III.527.A.3 allowed certain changes organized and complete file of all the Dated: August 25, 1995. that rendered existing compliance terms information submitted to, or otherwise A. Stanley Meiburg, irrelevant to be incorporated through considered by, the EPA in the Acting Regional Administrator (6RA). minor modification procedures, yet was development of this final full approval. 40 CFR Part 70 is amended as follows: unclear whether the criteria in the State The docket is available for public rule conformed to 40 CFR 70.4(b)(14); inspection at the location listed under PART 70Ð[AMENDED] State provisions did not include a the ADDRESSES section of this document. 1. The authority citation for part 70 requirement that the permit specify the B. Executive Order 12866 origin of and reference the authority for continues to read as follows: each term or condition, nor did they The Office of Management and Budget Authority: 42 U.S.C. 7401, et seq. has exempted this action from Executive identify differences in form from the 2. Appendix A is amended by adding Order 12866 review. applicable requirements upon which the an entry for ‘‘Louisiana’’ in alphabetical terms were based or contain various C. Regulatory Flexibility Act order to read as follows: other elements required by 40 CFR 70.6; inadequate definition of ‘‘title I The EPA’s actions under section 502 Appendix A to Part 70—Approval modification;’’ provisions to determine of the Act do not create any new Status of State and Local Operating insignificant activities were not requirements, but simply address Permits Programs included with the State’s original operating permits programs submitted * * * * * submittal. As discussed in the notice to satisfy the requirements of 40 CFR proposing full approval, Louisiana has part 70. Because this action does not Louisiana addressed all of these items. For further impose any new requirements, it does (a) The Louisiana Department of discussion of these items, please see the not have a significant impact on a Environmental Quality, Air Quality Division proposed full approval and the substantial number of small entities. submitted an Operating Permits program on November 15, 1993, which was revised Technical Support Document. D. Unfunded Mandates November 10, 1994, and became effective on B. Options for Approval/Disapproval October 12, 1995. Under Section 202 of the Unfunded (b) [Reserved] Mandates Reform Act of 1995 The EPA is promulgating full (‘‘Unfunded Mandates Act’’), signed * * * * * approval of the Operating Permits into law on March 22, 1995, the EPA [FR Doc. 95–22330 Filed 9–11–95; 8:45 am] program submitted to the EPA for the must prepare a budgetary impact BILLING CODE 6560±50±P LDEQ on November 15, 1993, and statement to accompany any proposed revised on November 10, 1994. Among or final rule that includes a Federal other things, the LDEQ has 40 CFR Part 81 mandate that may result in estimated demonstrated that the program will be costs to State, local, or tribal [FRL±5279±6] adequate to meet the minimum governments in the aggregate; or to the elements of a State operating permits private sector, of $100 million or more. Designation of Areas for Air Quality program as specified in 40 CFR part 70. Under Section 205, the EPA must select Planning Purposes; Wyoming; Requirements for approval, specified the most cost-effective and least Redesignation of Particulate Matter in 40 CFR 70.4(b), encompass section burdensome alternative that achieves Attainment Areas 112(l)(5) requirements for approval of a the objectives of the rule and is AGENCY: program for delegation of section 112 Environmental Protection consistent with statutory requirements. Agency (EPA). standards as promulgated by the EPA as Section 203 of the Unfunded Mandates ACTION: Direct final rule. they apply to part 70 sources. Section Act requires the EPA to establish a plan 112(l)(5) requires that the State’s for informing and advising any small SUMMARY: In this document, EPA is program contain adequate authorities, governments that may be significantly approving a December 19, 1994 request adequate resources for implementation, or uniquely impacted by the rule. from the Governor of Wyoming to and an expeditious compliance The EPA has determined that the redesignate the Powder River Basin schedule, which are also requirements approval action promulgated today does particulate matter attainment area in under part 70. not include a Federal mandate that may portions of Campbell and Converse Therefore, the EPA is also result in estimated costs of $100 million Counties to exclude an area designated promulgating full approval under or more to either State, local, or tribal as the Kennecott/Puron Prevention of section 112(l)(5) and 40 CFR 63.91 of governments in the aggregate, or to the Significant Deterioration (PSD) Baseline the State’s program for receiving private sector. This Federal action area, pursuant to section 107 of the delegation of section 112 standards that approves pre-existing requirements Clean Air Act (Act). EPA is designating are unchanged from Federal standards under State or local law, and imposes the Kennecott/Puron PSD Baseline area as promulgated. This program for no new Federal requirements. as a separate particulate matter delegations only applies to sources Accordingly, no additional costs to attainment area under section 107 of the covered by the part 70 program. State, local, or tribal governments, or to Act. EPA is approving the State’s 47298 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations redesignation request because the State or significantly impacting the Powder State [and EPA] shall approve such has adequately followed the applicable River Basin particulate matter redesignation.’’ Therefore, EPA is Federal requirements and policy. attainment area, or by January 1, 1996, approving the State’s request. Approval of the section 107 whichever occurred first. The State has This approval eliminates the minor redesignation eliminates the minor since amended its PSD regulations to source baseline date for particulate source baseline date for particulate trigger the particulate matter minor matter that was established in the matter in the Powder River Basin area source baseline date in the Powder Powder River Basin area by the which was triggered by the submittal of River Basin no later than January 1, submittal of a complete PSD permit a complete PSD permit application for 2001. application for the Kennecott/Puron the Kennecott/Puron facility. Subsequently, in August of 1994, a facility. Thus, until the time that the DATES: This final rule is effective on PSD permit application was submitted minor source baseline date is triggered, November 13, 1995 unless adverse or for the Kennecott/Puron facility to minor source emissions that exist in the critical comments are received by construct a large coal beneficiation plant Powder River Basin attainment area will October 12, 1995. If the effective date is in the Powder River Basin of Campbell become part of background emissions delayed, timely notice will be published County, Wyoming. In order to avoid for the area. Once the minor source in the Federal Register. triggering the particulate matter minor baseline date is triggered, all new ADDRESSES: Copies of the State’s source baseline date for the entire growth from minor sources will begin submittal and other relevant Powder River Basin particulate matter consuming increment. The particulate information are available for inspection attainment area, the State submitted a matter minor source baseline date is during normal business hours at the request on December 19, 1994 to considered to be triggered in the following locations: Air Programs redesignate the Powder River Basin Kennecott/Puron PSD Baseline Branch, U.S. Environmental Protection particulate matter attainment area to particulate matter attainment area as of µ 3 Agency, Region VIII, 999 18th Street, exclude the 1 g/m air quality impact the date the facility’s PSD permit Suite 500, Denver, Colorado 80202– area of the Kennecott/Puron facility. As application was deemed complete. stated above, this is allowed under the 2466; and Air Quality Division, FINAL ACTION: EPA is approving the State Federal PSD permitting regulations, as Wyoming Department of Environmental of Wyoming’s request to redesignate the long as the area to be excluded from the Quality, 122 West 25th Street, Herschler Powder River Basin particulate matter Building, Cheyenne, Wyoming 82002. Powder River Basin particulate matter attainment area encompasses the entire attainment area to exclude the FOR FURTHER INFORMATION CONTACT: 1 µg/m3 ambient impact of the Kennecott/Puron PSD Baseline area, Vicki Stamper, 8ART–AP, U.S. Kennecott/Puron facility. which is being designated as a separate Environmental Protection Agency, section 107 particulate matter Region VIII, 999 18th Street, Suite 500, II. Evaluation of State’s Submittal attainment area. The new section 107 Denver, Colorado 80202–2466, (303) The State’s December 19, 1994 Kennecott/Puron PSD Baseline 293–1765. submittal consisted of a description of particulate matter attainment area is SUPPLEMENTARY INFORMATION: the boundary of the Kennecott/Puron defined as follows: the area described by PSD Baseline area to be excluded from the W1⁄2SW1⁄4 Section 18, W1⁄2NW1⁄4, I. Background 1 1 the Powder River Basin area and NW ⁄4SW ⁄4 Section 19, T47N, R70W, The Powder River Basin particulate supporting modeling results which were S1⁄2 Section 13, N1⁄2, N1⁄2SW1⁄4, matter attainment area was initially used to define the 1 µg/m3 air quality N1⁄2SE1⁄4 Section 24, T47N, R71W, designated by EPA in the January 14, impact area of the Kennecott/Puron Campbell County, Wyoming. The 1993 Federal Register (see 58 FR 4348– facility. EPA originally noted a few Powder River Basin particulate matter 4350). This designation was established concerns with the modeling, which attainment area boundary description in in accordance with the Federal PSD were identified to the State in letters 40 CFR part 81 is thus being amended regulations, which provide States with dated February 2, 1995 and March 31, to exclude the Kennecott/Puron PSD the option of establishing numerous 1995. The State responded to EPA’s Baseline area. PSD baseline areas under section 107(d) concerns in letters dated April 15, 1995 The EPA is publishing this action of the Act, as long as the baseline areas and April 28, 1995. The State’s without prior proposal because the do not intersect or are not smaller than responses adequately addressed EPA’s Agency views this as a noncontroversial the area of 1 µg/m3 ambient impact of concerns. Thus, EPA believes the State action and anticipates no adverse any major stationary source or major has adequately assessed the 1 µg/m3 air comments. However, in a separate modification which established the quality impact area of the Kennecott/ document in this Federal Register minor source baseline date or which Puron facility. publication, the EPA is proposing to was subject to PSD permitting The State has followed the terms of approve the State’s request should requirements (see 40 CFR 52.21(a)(15)). EPA’s redesignation policy in its adverse or critical comments be filed. This designation of the Powder River December 19, 1994 request to Under the procedures established in the Basin as a separate baseline area under redesignate the Powder River Basin May 10, 1994 Federal Register (59 FR section 107 of the Act effectively particulate matter attainment area to 24054), this action will be effective on ‘‘untriggered’’ the particulate matter exclude the Kennecott/Puron PSD November 13, 1995 unless, within 30 minor source baseline date in the Baseline area and to designate the days of its publication, adverse or Powder River Basin particulate matter Kennecott/Puron PSD Baseline area as a critical comments are received. attainment area. The State’s PSD separate section 107 particulate matter If the EPA receives such comments, regulations at that time provided that attainment area. Authority for the this action will be withdrawn before the the particulate matter minor source State’s action is provided for in section effective date by publishing a baseline date in the Powder River Basin 107(d)(3)(D) of the Act, which states: subsequent document that will area would not be triggered until the ‘‘the Governor of any State may, on the withdraw the final action. All public submittal of the first complete PSD Governor’s own motion, submit to the comments received will then be permit application for a major stationary Administrator a revised designation of addressed in a subsequent final rule source or major modification locating in any area or portion thereof within the based on this action serving as a Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47299 proposed rule. The EPA will not and does not impose any regulatory this action must be filed in the United institute a second comment period on requirements on sources. The States Court of Appeals for the this action. Any parties interested in Administrator certifies that the approval appropriate circuit by November 13, commenting on this action should do so of the redesignation request will not 1995. Filing a petition for at this time. If no such comments are affect a substantial number of small reconsideration by the Administrator of received, the public is advised that this entities. this final rule does not affect the finality action will be effective on November 13, Under Sections 202, 203, and 205 of of this rule for the purposes of judicial 1995. the Unfunded Mandates Reform Act of review nor does it extend the time Nothing in this action should be 1995 (‘‘Unfunded Mandates Act’’), within which a petition for judicial construed as permitting or allowing or signed into law on March 22, 1995, EPA review may be filed, and shall not establishing a precedent for any future must undertake various actions in postpone the effectiveness of such rule request for revision to any SIP. Each association with proposed or final rules or action. This action may not be request for revision to any SIP shall be that include a Federal mandate that may challenged later in proceedings to considered separately in light of specific result in estimated costs of $100 million enforce its requirements. (See section technical, economic, and environmental or more to the private sector, or to State, 307(b)(2).) factors and in relation to relevant local, or tribal governments in the statutory and regulatory requirements. aggregate. List of Subjects in 40 CFR Part 81 The Office of Management and Budget The State has requested redesignation (OMB) has exempted this regulatory of the Powder River Basin particulate Air pollution control, National parks, action from Executive Order 12866 matter attainment area, to exclude a Wilderness areas. review. portion of that area, in accordance with Dated: August 10, 1995. Under the Regulatory Flexibility Act, section 107 of the Act. EPA’s approval Jack W. McGraw, 5 U.S.C. 600 et seq., EPA must prepare of this redesignation request will merely Acting Regional Administrator. a regulatory flexibility analysis have the effect of splitting the currently assessing the impact of any proposed or designated Powder River Basin 40 CFR part 81, subpart B, is amended final rule on small entities. 5 U.S.C. 603 particulate matter attainment area into as follows: and 604. Alternatively, EPA may certify two parts and will impose no new that the rule will not have a significant requirements. Accordingly, no PART 81Ð[AMENDED] economic impact on a substantial additional costs to State, local, or tribal number of small entities. Small entities governments, or to the private sector, 1. The authority citation for Part 81 include small businesses, small not-for- will result from this action. EPA has continues to read as follows: profit enterprises, and government also determined that this final action Authority: 42 U.S.C. 7401–7671q. entities with jurisdiction over does not include a mandate that may populations of less than 50,000. result in estimated costs of $100 million § 81.351 [Amended] Redesignation of an area under or more to State, local, or tribal section 107(d)(3)(D) of the Act does not governments in the aggregate or to the 2. Section 81.351 is amended by impose any new requirements on small private sector. revising the Wyoming TSP table to read entities. Redesignation is an action that Under section 307(b)(1) of the Clean as follows: affects the status of a geographical area Air Act, petitions for judicial review of * * * * * WYOMINGÐTSP Does not meet Does not meet Better than Designated area primary secondary Cannot be national standards standards classified standards Trona Industrial Area (Sweetwater County) ...... X ...... Powder River Basin ...... X Campbell County (part) Converse County (part) That area bounded by Township 40 through 52 North, and Ranges 69 through 73 West, inclusive of the Sixth Principal Meridian, Campbell and Converse Counties, excluding the areas defined as the Pacific Power and Light attainment area, the Hampshire Energy attainment area, and the Kennecott/Puron PSD Baseline attainment area. Pacific Power and Light Area ...... X Campbell County (part) That area bounded by NW1/4 of Section 27, T50N, R71W, Campbell Coun- ty, Wyoming. Hampshire Energy Area ...... X Campbell County (part) That area bounded by Section 6 excluding the SW1/4; E1/2 Section 7; Sec- tion 17 excluding the SW1/4; Section 14 excluding the SE1/4; Sections 2, 3, 4, 5, 8, 9, 10, 11, 15, 16 of T48N, R70W and Section 26 excluding the NE1/4; SW1/4 Section 23; Sections 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34, 35 of T49N, R70W. Kennecott/Puron PSD Baseline Area ...... X Campbell County (part) That area described by the W1/2SW1/4 Section 18, W1/2NW1/4, NW1/ 4SW1/4 Section 19, T47N, R70W, S1/2 Section 13, N1/2, N1/2SW1/4, N1/2SE1/4 Section 24, T47N, R71W. Rest of State ...... X 47300 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations * * * * * SUPPLEMENTARY INFORMATION: Subtitle I of RCRA, 42 U.S.C. 6991d and [FR Doc. 95–22150 Filed 9–11–95; 8:45 am] Background 6991e, and other applicable statutory BILLING CODE 6560±50±P and regulatory provisions to undertake Section 9004 of the Resource inspections and enforcement actions in Conservation and Recovery Act of 1976, approved states. With respect to such an 40 CFR Part 282 as amended, (RCRA), 42 U.S.C. 6991c, enforcement action, EPA will rely on allows the U.S. Environmental federal sanctions, federal inspection Protection Agency to approve state [FRL±5277±6] authorities, and federal procedures underground storage tank programs to rather than the state authorized analogs Underground Storage Tank Program: operate in the state in lieu of the federal to these provisions. Therefore, the Approved State Program for Vermont underground storage tank program. EPA approved Vermont enforcement published a Federal Register document authorities will not be incorporated by AGENCY: Environmental Protection announcing its decision to grant reference. Forty CFR § 282.95 lists those Agency (EPA). approval to Vermont. (57 FR 186, approved Vermont authorities that ACTION: Immediate final rule. January 3, 1992). Approval was effective would fall into this category. on February 3, 1992. The public also needs to be aware that SUMMARY: The Resource Conservation EPA codifies its approval of state some provisions of Vermont’s and Recovery Act of 1976, as amended programs in 40 CFR part 282 and underground storage tank program are (RCRA), authorizes the U.S. incorporates by reference therein the not part of the federally approved state Environmental Protection Agency (EPA) state statutes and regulations that will program. These are: to grant approval to states to operate be subject to EPA’s inspection and • Registration requirements for tanks their underground storage tank enforcement authorities under Sections greater than 1,100 gallons containing programs in lieu of the federal program. 9005 and 9006 of Subtitle I of RCRA, 42 heating oil consumed on the premises Forty CFR part 282 codifies EPA’s U.S.C. 6991d and 6991e, and other where stored; and decision to approve state programs and applicable statutory and regulatory • Permanent closure requirements for incorporates by reference those provisions. Today’s rulemaking codifies tanks greater than 1,100 gallons provisions of the state statutes and EPA’s approval of the Vermont containing heating oil consumed on the regulations that will be subject to EPA’s underground storage tank program. This premises where stored. inspection and enforcement authorities codification reflects only the state These non-approved provisions are under Sections 9005 and 9006 of RCRA underground storage tank program in not part of the RCRA Subtitle I program, Subtitle I and other applicable statutory effect at the time EPA granted Vermont because they are ‘‘broader in scope’’ and regulatory provisions. This rule approval under section 9004(a), 42 than Subtitle I of RCRA. See 40 CFR codifies in 40 CFR part 282 the prior U.S.C. 6991c(a). EPA provided notice 281.12(a)(3)(ii). As a result, state approval of Vermont’s underground and opportunity for comment earlier provisions which are ‘‘broader in scope’’ storage tank program and incorporates during the Agency’s decision to approve than the federal program are not by reference appropriate provisions of the Vermont program. EPA is not now incorporated by reference for purposes state statutes and regulations. reopening that decision nor requesting of enforcement in part 282. Section DATES: This regulation is effective comment on it. 282.95 of the codification simply lists November 13, 1995, unless EPA Codification provides clear notice to for reference and clarity the Vermont publishes a prior Federal Register the public of the scope of the approved statutory and regulatory provisions document withdrawing this immediate program in each state. By codifying the which are ‘‘broader in scope’’ than the final rule. All comments on the approved Vermont program and by federal program and which are not, codification of Vermont’s underground amending the Code of Federal therefore, part of the approved program storage tank program must be received Regulations whenever a new or different being codified today. ‘‘Broader in by the close of business October 12, set of requirements is approved in scope’’ provisions cannot be enforced by 1995. The incorporation by reference of Vermont, the status of federally EPA. The State, however, will continue certain publications listed in the approved requirements of the Vermont to enforce such provisions. regulations is approved by the Director program will be readily discernible. Only those provisions of the Vermont Certification Under the Regulatory of the Federal Register, as of November Flexibility Act 13, 1995, in accordance with 5 U.S.C. underground storage tank program for 552(a). which approval has been granted by This rule codifies the decision already EPA will be incorporated by reference made (57 FR 186, Jan. 3, 1992) to ADDRESSES: Comments may be mailed to for enforcement purposes. approve the Vermont underground the Docket Clerk (Docket No. UST 5–1), To codify EPA’s approval of storage tank program and thus has no Underground Storage Tank Program, Vermont’s underground storage tank separate effect. Therefore, this rule does HPU–CAN7, U.S. EPA Region I, JFK program, EPA has added Section 282.95 not require a regulatory flexibility Federal Building, Boston, MA 02203– to Title 40 of the CFR. Section 282.95 analysis. Thus, pursuant to Section 2211. Comments received by EPA may incorporates by reference for 605(b) of the Regulatory Flexibility Act, be inspected in the public docket, enforcement purposes the state’s 5 U.S.C. 605(b), I hereby certify that this located in the Waste Management statutes and regulations. Section 282.95 rule will not have a significant Division Record Center, 90 Canal St., also references the Attorney General’s economic impact on a substantial Boston, MA 02203 from 9 a.m. to 4 p.m., Statement, Demonstration of Adequate number of small entities. Monday through Friday, excluding Enforcement Procedures, the Program federal holidays. Description, and the Memorandum of Compliance With Executive Order FOR FURTHER INFORMATION CONTACT: Joan Agreement, which are approved as part 12866 Coyle, Underground Storage Tank of the underground storage tank The Office of Management and Budget Program, HPU–CAN7, U.S. EPA Region program under Subtitle I of RCRA. has exempted this rule from the I, JFK Federal Building, Boston, MA The Agency retains the authority requirements of Section 6 of Executive 02203–2211. Phone: (617) 573–9667. under Sections 9005 and 9006 of Order 12866. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47301 Paperwork Reduction Act and 40 CFR part 281, subpart E. If though not incorporated by reference, is Under the Paperwork Reduction Act, Vermont obtains approval for the referenced as part of the approved 44 U.S.C. 3501 et seq., Federal agencies revised requirements pursuant to underground storage tank program must consider the paperwork burden Section 9004 of RCRA, 42 U.S.C. 6991c, under Subtitle I of RCRA, 42 U.S.C. imposed by any information request the newly approved statutory and 6991 et seq. contained in a proposed or final rule. regulatory provisions will be added to (ii) Letter from the Attorney General This rule will not impose any this Subpart and notice of any change of Vermont to EPA, April 11, 1991, information requirements upon the will be published in the Federal though not incorporated by reference, is regulated community. Register. referenced as part of the approved (d) Vermont has final approval for the underground storage tank program List of Subjects in 40 CFR Part 282 following elements submitted to EPA in under Subtitle I of RCRA, 42 U.S.C. Environmental protection, Hazardous Vermont’s program application for final 6991 et seq. substances, Incorporation by reference, approval and approved by EPA on (3) Demonstration of procedures for Intergovernmental relations, State January 3, 1992. Copies may be obtained adequate enforcement. The program approval, Underground storage from the Underground Storage Tank ‘‘Demonstration of Procedures for tanks, Water pollution control. Program, Vermont Department of Adequate Enforcement’’ submitted as Environmental Conservation, 103 South Dated: July 20, 1995. part of the original application in May Main Street, West Building, Waterbury, 1991, though not incorporated by John P. DeVillars, VT 05671–0404. The elements are listed reference, is referenced as part of the Regional Administrator. below: approved underground storage tank For the reasons set forth in the (1) State statutes and regulations. (i) program under Subtitle I of RCRA, 42 preamble, 40 CFR part 282 is amended The provisions cited in this paragraph U.S.C. 6991 et seq. as follows: are incorporated by reference as part of (4) Program Description. The program the underground storage tank program description and any other material PART 282ÐAPPROVED under Subtitle I of RCRA, 42 U.S.C. submitted as part of the original UNDERGROUND STORAGE TANK 6991 et seq. application in May 1991, though not PROGRAMS (A) Vermont Statutory Requirements incorporated by reference, are Applicable to the Underground Storage referenced as part of the approved 1. The authority citation for part 282 Tank Program, 1995. continues to read as follows: underground storage tank program (B) Vermont Regulatory Requirements under Subtitle I of RCRA, 42 U.S.C. Authority: 42 U.S.C. 6912, 6991c, 6991d, Applicable to the Underground Storage 6991 et seq. and 6991e. Tank Program, 1995. (5) Memorandum of Agreement. On (ii) The following statutes and 2. Subpart B is amended by adding March 2, 1992, EPA and the Vermont regulations are part of the approved § 282.95 to read as follows: Department of Environmental state program, although not Conservation signed the Memorandum Subpart BÐApproved State Programs incorporated by reference herein for of Agreement. Though not incorporated enforcement purposes. § 282.95 Vermont State-Administered (A) The statutory provisions include: by reference, the Memorandum of Program. Title 10 Vermont Statutes Annotated, Agreement is referenced as part of the (a) The State of Vermont is approved Chapter 59, Sections 1931 through 1935. approved underground storage tank to administer and enforce an (B) The regulatory provisions include: program under Subtitle I of RCRA, 42 underground storage tank program in Vermont Environmental Protection U.S.C. 6991 et seq. lieu of the federal program under Rules, Chapter 8, Sections 104 through 3. Appendix A to part 282 is amended Subtitle I of the Resource Conservation 106. by adding in alphabetical order and Recovery Act of 1976 (RCRA), as (iii) The following statutory and ‘‘Vermont’’ and its listing. amended, 42 U.S.C. 6991 et seq. The regulatory provisions are broader in Appendix A to Part 282—State State’s program, as administered by the scope than the federal program, are not Requirements Incorporated by Vermont Department of Environmental part of the approved program, and are Reference in Part 282 of the Code of Conservation, was approved by EPA not incorporated by reference herein for Federal Regulations pursuant to 42 U.S.C. 6991c and 40 CFR enforcement purposes. part 281. EPA approved the Vermont (A) Title 10 Vermont Statutes * * * * * program on January 3, 1992, and the Annotated, Chapter 59, Section 1929, Vermont approval was effective on February 3, insofar as it refers to registration (a) The statutory provisions include 1992. requirements for tanks greater than Vermont Statutes Annotated, 1992, Chapter (b) Vermont has primary 1,100 gallons containing heating oil 59. Underground Liquid Storage Tanks: responsibility for enforcing its consumed on the premises where Section 1921 Purpose. underground storage tank program. stored. Section 1922 Definitions. However, EPA retains the authority to (B) Vermont Environmental Section 1923 Notice of New or Existing exercise its inspection and enforcement Protection Rules, Chapter 8, Section Underground Storage Tank. authorities under Sections 9005 and 301, registration requirements, and Section 1924 Integrity Report. 9006 of Subtitle I of RCRA, 42 U.S.C. Section 605(2), permanent closure Section 1925 Notice in Land Records. 6991d and 6991e, as well as under other requirements, insofar as they refer to Section 1926 Unused and Abandoned statutory and regulatory provisions. tanks greater than 1,100 gallons Tanks. (c) To retain program approval, containing heating oil consumed on the Section 1927 Regulation of Category One Tanks. Vermont must revise its approved premises where stored. Section 1928 Regulation of Large Farm and program to adopt new changes to the (2) Statement of legal authority. (i) Residential Motor Fuel Tanks. federal Subtitle I program which make ‘‘Attorney General’s Statement for Final Section 1930 Implementation; it more stringent, in accordance with Approval,’’ signed by the Attorney Coordination. Section 9004 of RCRA, 42 U.S.C. 6991c, General of Vermont on April 11, 1991, Section 1936 Licensure of Tank Inspectors. 47302 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations Section 1938 Underground Storage Tank Appendix B Inventory Monitoring 47 CFR Part 18 Trust Fund. Procedures. Section 1939 Risk Retention Pool. Appendix C Procedures for Manual Tank Section 1940 Underground Storage Tank Gauging. [GEN Docket No. 92±255; FCC 94±155] Incentive Program. Appendix D Installation Requirements Section 1941 Petroleum Cleanup Fund. Applicable to New and Replacement Magnetic Resonance Systems; Section 1942 Petroleum Distributor UST Systems. Correction Licensing Fee. [FR Doc. 95–22487 Filed 9–11–95; 8:45 am] Section 1943 Petroleum Tank Assessment. AGENCY: Federal Communications Section 1944 Underground Storage Tank BILLING CODE 6560±50±P Commission. Loan Assistance Program. (b) The regulatory provisions include State ACTION: Correcting amendments to the of Vermont, Agency of Natural Resources, CFR. Underground Storage Tank Regulations, FEDERAL COMMUNICATIONS February 1, 1991: COMMISSION SUMMARY: This document contains a (1) Subchapter 1: General. correction to the final regulations, 47 CFR Part 2 Section 8–101 Purpose. which were published on August 3, Section 8–102 Applicability. 1994, (59 FR 39472). The regulations Section 8–103 Severability. [GEN Docket No. 89±623; FCC 91±43] relate to the exemption from the (2) Subchapter 2: Definitions. Section 8–201 Definitions. Emergency Position Indicating standards for non-consumer ultrasonic (3) Subchapter 3: Notification and Permits. Radiobeacons; Correction equipment of non-consumer magnetic Section 8–301 Notification, except for the resonance equipment used for medical following words in section 8–301(1), AGENCY: Federal Communications diagnostic and monitoring applications ‘‘Notification is also required for any Commission. contained in 47 CFR Section 18.121. tank used exclusively for on-premises ACTION: heating that is greater than 1100 gallons Correcting amendments to the EFFECTIVE DATE: September 8, 1995. in size.’’ CFR. FOR FURTHER INFORMATION CONTACT: Section 8–302 Permits. Section 8–303 Financial Responsibility SUMMARY: This document contains a John Reed, Office of Engineering and Requirements. correction to the final regulations, Technology, (202) 739–0704. Section 8–304 Petroleum Tank which were published on March 20, Assessment. 1991, (56 FR 11683). The regulations SUPPLEMENTARY INFORMATION: Section 8–305 Innovative Technology. relate to the test procedures for Background (4) Subchapter 4: Minimum Standards for Emergency Position Indicating New and Replacements Tanks and Radiobeacons contained in 47 CFR The final regulations that are the Piping. 2.1515(b). Section 8–401 General Requirements. subject of this correction were amended Section 8–402 Tanks—Design and EFFECTIVE DATE: September 8, 1995. in ET Docket No. 92–255, modifying 47 Manufacturing Standards. FOR FURTHER INFORMATION CONTACT: CFR Section 18.121. Section 8–403 Tanks—Secondary John Reed, Office of Engineering and Containment. Need for Correction Technology, (202) 739–0704. Section 8–404 Tanks—Release Detection. As published in the CFR, the final Section 8–405 Piping—Design and List of Subjects in 47 CFR Part 2 Construction. regulations contain errors that may Section 8–406 Compatibility. Communications equipment, Radio. prove to be misleading and are in need Section 8–407 Spill and Overfill of correction. Prevention Equipment. PART 2ÐFREQUENCY ALLOCATIONS Section 8–408 Installation. AND RADIO TREATY MATTERS; Correction of Publication (5) Subchapter 5: Minimum Operating GENERAL RULES AND REGULATIONS Standards for Existing Tanks and Piping. Accordingly, the publication on Section 8–501 General Requirements. Accordingly, 47 CFR Part 2 is August 3, 1994, of the final regulations, Section 8–502 Spill and Overfill corrected by making the following which were the subject of FR Doc. 94– Prevention. correcting amendments: 18799, is corrected as follows: Section 8–503 Corrosion Protection of 1. The authority citation for Part 2 Metallic Components. Section 18.121 is revised to read as Section 8–504 Release Detection. continues to read as follows: follows: Section 8–505 Compatibility. Authority: Sections 4, 302, 303, and 307 of Section 8–506 Repairs. the Communications Act of 1934, as § 18.121 Exemptions. (6) Subchapter 6: Reporting, Investigation, amended, 47 U.S.C. Sections 154, 302, 303, Non-consumer ultrasonic equipment, Corrective Action and UST Closure. and 307, unless otherwise noted. and non-consumer magnetic resonance Section 8–601 General Requirement, except for the following words, ‘‘Heating § 2.1515 [Corrected] equipment, that is used for medical oil tanks greater than 1100 gallons 2. In Section 2.1515, paragraph (b) diagnostic and monitoring applications capacity used exclusively for on-premise (Step 2), the I.F. bandwidth ‘‘10 Hz’’ is is subject only to the provisions of heating purposes are subject to the corrected to read ‘‘10 kHz’’ and in (Step Section 18.105, Sections 18.109 through requirements for permanent closure in 5), the I.F. bandwidth of ‘‘100 kHz’’ is 18.119, Section 18.301 and Section accordance with subsection 8–605(2).’’ 18.303 of this Part. Section 8–602 Reporting. corrected to read ‘‘100 Hz’’. Section 8–603 Release Investigation and Federal Communications Commission. Federal Communications Commission. Confirmation. William F. Caton, William F. Caton, Section 8–604 Corrective Action. Acting Secretary. Acting Secretary. Section 8–605 Closure of USTs. Appendix A Groundwater Monitoring [FR Doc. 95–22567 Filed 9–11–95; 8:45 am] [FR Doc. 95–22568 Filed 9–11–95; 8:45 am] Requirements. BILLING CODE 6712±01±M BILLING CODE 6712±01±M Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47303 47 CFR Part 73 Federal Communications Commission. the new channels 12.5 kHz removed in John A. Karousos, the UHF band could proceed. [MM Docket No. 95±86; RM±8636] Chief, Allocations Branch, Policy and Rules On August 11, 1995, the Bureau Division, Mass Media Bureau. granted a request by Hewlett-Packard Radio Broadcasting Services; [FR Doc. 95–22569 Filed 9–11–95; 8:45 am] Company (HP) to freeze the filing of Frankenmuth, MI BILLING CODE 6712±01±F new high-powered stations on 12.5 kHz offset channels in the 450–470 MHz AGENCY: Federal Communications band (60 FR 43720, August 23, 1995). Commission. 47 CFR Part 90 On that same day, August 11, the Land Mobile Communications Council ACTION: Final rule. [PR Docket No. 92±235, DA 95±1839] (LMCC) submitted a request to stay all assignments on the new channels in the SUMMARY: Freeze on the Filing of Applications for This document allots Channel VHF 150–174 MHz band and the UHF 229A to Frankenmuth, Michigan, as that 12.5 KHz Offset Channels in the 421± 430 MHz and 470±512 MHz Bands 421–430, 450–470, and 470–512 MHz community’s first local service in bands. On August 17, LMCC provided response to a petition filed by AGENCY: Federal Communications supplemental information relating to Frankenmuth Broadcasting, Inc. See 60 Commission. this request. LMCC notes that the Report FR 32933, June 26, 1995. There is a site ACTION: Final rule; Clarification. and Order created a complex new PLMR restriction 14.9 kilometers (9.3 miles) environment with a wide variety of southeast of the community at SUMMARY: On June 15, 1995, the operational systems, including analog coordinates 43–18–21 and 83–33–28. Commission adopted a Report and and digital, trunked and conventional, Concurrence has been received from the Order that resolves many of the older wideband and newer narrowband, Canadian government for Channel 229A technical issues which have inhibited and high and low-power stations. LMCC as a specially negotiated short-spaced private land mobile radio (PLMR) users contends that at this time, the frequency allotment. With this action, this from employing the most spectrally coordinators do not have the proceeding is terminated. efficient technologies. This document information to make informed frequency DATES: Effective October 23, 1995. The clarifies the June 15, 1995 Report and recommendations regarding the window period for filing applications Order so that license applications on assignment of the new channels. will open on October 23, 1995, and frequencies 12.5 kHz removed from any In the Report and Order, we decided close on November 24, 1995. channel available under the former rules not to accept applications for new in the 421–430 MHz and 470–512 MHz channels 7.5 kHz removed from any FOR FURTHER INFORMATION CONTACT: frequency bands will not be accepted for channel in the VHF band and 6.25 kHz Kathleen Scheuerle, Mass Media filing until issues are resolved relative removed from any channel in the 421– Bureau, (202) 418–2180. to proper frequency coordination. Upon 512 MHz UHF band pending the SUPPLEMENTARY INFORMATION: This is a the resolution of these issues, the development of standards. The Bureau summary of the Commission’s Report Commission will notify the public as to now also believes that the public and Order, MM Docket No. 95–86, the lifting of the freeze. interest will be served by giving the adopted August 30, 1995, and released EFFECTIVE DATE: August 22, 1995. land mobile community additional time September 7, 1995. The full text of this to develop standards for 12.5 kHz offset FOR FURTHER INFORMATION CONTACT: channels in the 421–430 MHz and 470– Commission decision is available for Ira Keltz of the Wireless inspection and copying during normal 512 MHz UHF bands. Therefore, we are Telecommunications Bureau at (202) expanding the freeze granted on August business hours in the Commission’s 418–0616. Reference Center (Room 239), 1919 M 11 to include all new frequencies that SUPPLEMENTARY INFORMATION: Street, NW., Washington, DC. The On June are 12.5 kHz removed from any complete text of this decision may also 15, 1995, the Commission adopted a frequency available in the 421–430 MHz be purchased from the Commission’s Report and Order, PR Docket 92–235, and 470–512 MHz bands under the copy contractors, International FCC 95–255 (60 FR 37152, July 19, former rules. As with our freeze on Transcription Services, Inc., 2100 M 1995), to promote more efficient use of applications for high-powered stations Street, NW., Suite 140, Washington, DC the private land mobile radio (PLMR) on the 450–470 MHz offset channels, 20037, (202) 857–3800. spectrum in the 150–174 MHz VHF this freeze will be in effect until the band, and in the 421–430 MHz, 450–470 issues related to proper coordination are List of Subjects in 47 CFR Part 73 MHz, and 470–512 MHz UHF bands. In resolved. Upon resolution of these the Report and Order, the Commission Radio broadcasting. issues, we will notify the public of the recognized the need for time to develop lifting of the freeze on these channels. Part 73 of title 47 of the Code of frequency coordination standards for The imposition of the freeze is Federal Regulations is amended as the new narrowband channel plans. It procedural in nature and, therefore, is follows: stated that all new channels 7.5 kHz not subject to the notice and comment, removed from any channel available in and effective date requirements of the PART 73Ð[AMENDED] the 150–174 MHz band under the Administrative Procedure Act (APA) (5 former rules, and those channels 6.25 U.S.C. § 553). See Neighborhood TV Co., 1. The authority citation for part 73 kHz removed from any channel Inc. v. FCC, 742 F.2d 629 (D.C. Cir. continues to read as follows: available in the 421–512 MHz UHF 1984), Buckeye Cablevision, Inc., v. Authority: Secs. 303, 48 Stat., as amended, bands under the former rules, would not United States, 438 F.2D 948 (6th Cir. 1082; 47 U.S.C. 154, as amended. be available for licensing until August 1971), and Kessler v. FCC, 326 F.2d 673 18, 1996. See Report and Order, (D.C. Cir. 1963). Furthermore, good § 73.202 [Amended] paragraph 41. Consistent with cause exists for this exception to the 2. Section 73.202(b), the Table of FM comments of the PLMR community, APA’s notice and comment, and Allotments under Michigan, is amended however, the Commission concluded effective date requirements, because it by adding Frankenmuth, Channel 229A. that coordination and assignments on would be impractical, unnecessary, and 47304 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations contrary to the public interest if the improve productivity, and improve 4. Section 901.170, explaining Commission did not act to protect the customer service. EO 12931, dated references to organizations within DOE; PLMR spectrum from potential harmful October 13, 1994, Federal Procurement this is for informational purposes only interference. This action is effective Reform, calls for significant changes to and is nonregulatory in nature. August 22, 1995. make the Government procurement 5. Subsection 901.301–71, addressing Federal Communications Commission. process more effective and efficient. EO the amendment procedure; this is 12866, dated September 30, 1993, internal procedural information and is William F. Caton, Regulatory Planning and Review, nonregulatory in nature. Acting Secretary. requires agencies to review regulations 6. Subsection 901.301–72, paragraphs [FR Doc. 95–22293 Filed 9–11–95; 8:45 am] to improve effectiveness and to reduce (a), (b), and (c), detailing other issuances BILLING CODE 6712±01±M regulatory burden. This rule eliminates related to acquisition; this is for existing regulatory material that is informational purposes only and is unnecessary. In promulgating this rule, nonregulatory in nature. DEPARTMENT OF ENERGY the Department will further the 7. Subsection 901.601–70, prescribing objectives of the EOs by reducing the the use of internal controls for DOE 48 CFR Chapter 9 volume of the DEAR; streamlining activities; this is internal oversight procedure and is nonregulatory in Acquisition Regulation; Regulatory operations; reducing constraints, nature. Reduction prescriptive requirements, and administrative processes; making 8. Subsection 901.603–70, addressing AGENCY: Department of Energy. requirements outcome oriented vs. modification to existing contracting ACTION: Final rule. process oriented; and, defining roles officer authority; this is internal and responsibilities at the lowest oversight procedure and is SUMMARY: The Department of Energy appropriate level within the nonregulatory in nature. (DOE) today issues a final rule to amend procurement organization by lowering 9. Subsection 901.603–71, addressing the Department of Energy Acquisition certain responsibilities from the Head of the responsibility of other Government Regulation (DEAR) in its continuing the Contracting Activity to the personnel; this is internal oversight effort to achieve the goals of several contracting officer. The DEAR coverage procedure and is nonregulatory in Executive Orders (EO), including: EO removed includes material that is for nature. 12861, Elimination of One-Half of informational purposes only and 10. Subsection 901.603–72, paragraph Executive Branch Internal Regulations; nonregulatory in nature; internal (b), addressing contracting officer EO 12931, Federal Procurement Reform; guidance and procedures; regulations subordinates; this is for informational and EO 12866, Regulatory Planning and that constrain the Department’s own purposes only and is nonregulatory in Review. This rule deletes existing procuring activities; coverage that is nature. regulatory material that has been more restrictive than the Federal 11. Subpart 902.1, providing determined to be unnecessary. Specific Acquisition Regulation (FAR); and definitions; this is for informational material deleted from the DEAR is coverage that is repetitive of the FAR or purposes only and is nonregulatory in summarized in the ‘‘Section-by-Section of other regulations. A Notice of nature. Analysis’’ appearing later in this Proposed Rulemaking was published in 12. Subsection 903.101–3, last four document. the Federal Register on June 8, 1995 (60 sentences, requiring a standards of EFFECTIVE DATE: This final rule will be FR 30258). Interested persons were conduct notebook to be maintained at effective October 12, 1995. invited to participate in this rulemaking all contracting activities; this is unduly FOR FURTHER INFORMATION CONTACT: by submitting data, views or arguments constrictive oversight of the Kevin M. Smith, Office of Policy (HR– with respect to the DEAR amendments Department’s contracting offices. 51), Office of Procurement and set forth in the Notice of Proposed 13. Section 904.402, paragraph (b), Assistance Management, Department of Rulemaking. The public comment second and third sentences, and Energy, 1000 Independence Avenue, period closed on August 7, 1995, a paragraphs (c) through (k), providing SW., Washington, D.C. 20585 (202) 586– period of 60 days. During that period, cross-reference information on security 8189. no comments were received by DOE. issues; this is for informational purposes only and is nonregulatory in nature. SUPPLEMENTARY INFORMATION: II. Section-by-Section Analysis 14. Section 904.403, providing cross- I. Background The following sections of the DEAR reference information on restricted data; II. Section-by-Section Analysis are eliminated: this is for informational purposes only III. Procedural Requirements 1. Section 901.103, second sentence, and is nonregulatory in nature. A. Review Under Executive Order 12866 addressing the applicability of the 15. Section 904.601, providing B. Review Under Executive Order 12778 DEAR to procurements using information on contract reporting; this C. Review Under the Regulatory Flexibility nonappropriated funds; this is is for informational purposes only and Act recommended guidance and is is nonregulatory in nature. D. Review Under the Paperwork Reduction nonregulatory in nature. 16. Subsection 904.601–70, providing Act 2. Subsection 901.103–70, identifying E. Review Under Executive Order 12612 information on contract reporting; this F. Review Under the National those types of actions excluded from the is for informational purposes only and Environmental Policy Act scope of the DEAR; this is for is nonregulatory in nature. G. Public Hearing Determination informational purposes only and is 17. Subsection 904.601–71, nonregulatory in nature. paragraphs (a) and (b), providing I. Background 3. Subsection 901.104–3, third information on contract reporting; this Executive Order (EO) 12861, dated sentence of paragraph (a), and paragraph is for informational purposes only and September 11, 1993, Elimination of (b), identifying distribution procedures is nonregulatory in nature. One-Half of Executive Branch Internal of the DEAR; this is for informational 18. Section 904.702, paragraph (b), Regulations, was issued by the President purposes only and is nonregulatory in second sentence, explaining the need to streamline Government operations, nature. for longer retention periods of certain Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47305 records; this is for informational 35. Section 915.610, addressing a dispute; coverage at FAR 33.211 is purposes only and is nonregulatory in written or oral discussions; the coverage sufficient. nature. at FAR 15.610 is sufficient. 56. Section 935.007, providing a 19. Subpart 905.2, addressing research 36. Section 915.801, providing a cross-reference to Program Research and and development advance notices; definition of field pricing support; the Development Announcements; this is coverage at FAR 5.205 is sufficient. coverage at FAR 15.801 is sufficient. for informational purposes only and is 20. Subpart 905.3, providing cross- 37. Subsection 915.804–8, prescribing nonregulatory in nature. reference information on notices of the use of FAR clauses; the coverage at 57. Section 935.015, providing a awards; this is for informational FAR 15.804–8 is sufficient. cross-reference to special research purposes only and is nonregulatory in 38. Subsection 915.804–70, contracts coverage; coverage on that nature. addressing the submission of uncertified subject was removed in a prior 21. Subsection 906.303–1, first cost or pricing data; the coverage at FAR rulemaking and this section is no longer sentence, which references FAR 15.804–6 is sufficient. necessary. justification requirements for other than 39. Subsection 915.805–70, 58. Section 936.202, paragraphs (a) full and open competition; coverage at paragraphs (a), (b), (c), and (f), and (b), addressing specifications for FAR 6.303–1 is sufficient. addressing the use of audits; this is for construction contracts; FAR coverage at 22. Subpart 907.1, addressing informational purposes only and is 36.202 is sufficient. acquisition plans; coverage at FAR 7.102 nonregulatory in nature. 59. Subpart 937.2, providing a cross- is sufficient. 40. Section 915.807, addressing reference to internal directives on 23. Subpart 907.4, addressing Lease or prenegotiation plans; coverage at FAR consulting services; this is for Purchase requirements; coverage at FAR 15.807 is sufficient. informational purposes only and is 7.4 and Federal Property Management 41. Section 915.808, addressing the nonregulatory in nature. Regulation (FPMR) 101–25.5 is price negotiation memorandum; 60. Section 937.7010, addressing sufficient. coverage at FAR 15.808 is sufficient. protective services; this is for 24. Section 908.802, last sentence, 42. Section 916.207, addressing informational purposes only and is addressing forms and instructions to approval for the use of firm-fixed-price, nonregulatory in nature. contractors on the acquisition of level-of-effort contracts; this 61. Section 937.7020, addressing printing and related supplies; this is requirement is more restrictive than the continuity of protective services; this is procedural information that is already requirement at FAR 16.207. for informational purposes only and is addressed within the section. 43. and 44. Section 916.303, nonregulatory in nature. 25. Subpart 908.70, addressing the use providing a cross-reference within 62. Section 937.7030, addressing of excess materials from General DEAR; this is for informational purposes continuity of protective services; this is Services Administration inventories; only and is nonregulatory in nature. for informational purposes only and is this is internal procedural information 45. Subpart 916.6 addressing letter nonregulatory in nature. and is nonregulatory in nature. contract definitization and funding 63. Section 942.000 addressing post 26. Subpart 908.72, addressing requirements; these requirements are award activity; this is for informational Nevada Test Site support services; this more restrictive than the requirements purposes only and is nonregulatory in is site-specific policy and is not at FAR 16.603–2. nature. appropriate for DOE-wide regulations. 64. Section 942.001, addressing 27. Section 909.404, addressing 46. Subsection 919.705–2, addressing contract administration; this is for debarment, suspension and ineligibility subcontracting plans; coverage at FAR informational purposes only and is procedures; the separate DOE List of 19.705–2 is sufficient. nonregulatory in nature. Debarred, Suspended, Ineligible and 47. Subsection 919.705–5, addressing 65. Section 942.002, addressing Voluntarily Excluded Awardees is no awards involving subcontracting plans; monitoring of contracts; coverage at longer maintained. coverage at FAR 19.705–5 is sufficient. 28. Part 910, addressing 48. Section 919.708, addressing the FAR Part 42 is sufficient. specifications, standards and other use of incentives for subcontracting; this 66. Section 942.003, providing an purchase descriptions; this is internal is more restrictive than the requirement explanation of organizations that oversight procedure and is at FAR 19.708(c). perform post-award contract nonregulatory in nature. 49. Part 920, addressing labor surplus management functions; this is for 29. Subpart 912.5, addressing area concerns; coverage at FAR Part 20 informational purposes only and is approval of stop work orders; this is sufficient. nonregulatory in nature. requirement is more restrictive than the 50. Subpart 922.4, addressing 67. Subpart 942.1, providing an requirement at FAR 12.503(b). construction contract labor standards; explanation of cross-servicing contract 30. Subsection 913.505–3, addressing coverage at FAR 22.4 is sufficient. management activity; this is for the use of SF 44’s; the coverage at FAR 51. Part 924, providing cross-reference informational purposes only and is 13.505–3 is sufficient. information on protection of privacy nonregulatory in nature. 31. Subpart 914.2, addressing and Freedom of Information policies; 68. Subpart 942.2, addressing the solicitation of bids; this is for this is for informational purposes only reporting of contract administration informational purposes only and is and is nonregulatory in nature. assignment; this is internal procedural nonregulatory in nature. 52. Subpart 925.5, addressing information and is nonregulatory in 32. Section 914.401, addressing the payment in foreign currency; coverage nature. opening and receipt of bids; the at FAR 25.5 is sufficient. 69. Section 942.708, addressing quick coverage at FAR 14.401 is sufficient. 53. Subsection 928.103–2, addressing closeout procedures; this requirement is 33. Subsection 914.402–1, addressing the need for performance bonds; more restrictive than the requirement at unclassified bids; the coverage at FAR coverage at FAR 28.103–2 is sufficient. FAR 42.708. 14.402–1 is sufficient. 54. Subpart 928.2, addressing sureties; 70. Subpart 942.14, addressing traffic 34. Subsection 915.406–5, addressing coverage at FAR 28.2 is sufficient. and transportation management; this is representations and instructions; the 55. Subpart 933.2, addressing the internal procedural information and is coverage at FAR 15.406–5 is sufficient. contracting officer’s written findings in nonregulatory in nature. 47306 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 71. Part 943 addressing the extension coverage in the DOE Property Order 12866, ‘‘Regulatory Planning and of contracts resulting from unsolicited Management Regulations at 41 CFR Review,’’ (58 FR 51735, October 4, proposals and the use of forms; this is 109–38 is sufficient. 1993). Accordingly, this action was not internal procedural information and is 86. Subsection 945.570–6, addressing subject to review, under that Executive nonregulatory in nature. the maintenance of motor vehicles; Order, by the Office of Information and 72. Subpart 944.1, providing coverage in the DOE Property Regulatory Affairs of the Office of definitions; this is for informational Management Regulations at 41 CFR Management and Budget (OMB). purposes only and is nonregulatory in 109–38 is sufficient. B. Review Under Executive Order 12778 nature. 87. Subsection 945.570–9, addressing 73. Subpart 944.2, addressing consent the purchase and use of aircraft; Section 2 of Executive Order 12778 to subcontract; coverage at FAR 44.2 is coverage in the DOE Property instructs each agency to adhere to sufficient. Management Regulations at 41 CFR certain requirements in promulgating 74. Subsection 945.104–70, 109–38 is sufficient. new regulations and reviewing existing addressing the review and correction of 88. Subpart 947.1, addressing regulations. These requirements, set contractor property management transportation insurance and cost- forth in sections 2(a) and (b)(2), include systems; coverage in the DOE Property reimbursement contracts; the coverage eliminating drafting errors and needless Management Regulations at 41 CFR at FAR 47.1 is sufficient. ambiguity, drafting the regulations to 109–1.52 is sufficient. 89. Subsection 949.108–4, addressing minimize litigation, providing clear and 75. Section 945.304, providing cross- authorization for subcontract certain legal standards for affected legal references on motor vehicle policies; settlements; this requirement is more conduct, and promoting simplification this is for informational purposes only restrictive than the requirement at FAR and burden reduction. Agencies are also and is nonregulatory in nature. 49.108–4. instructed to make every reasonable 76. Section 945.501, providing 90. Subsection 949.108–8, addressing effort to ensure that the regulation definitions; this is for informational the assignment of rights under specifies clearly any preemptive effect, purposes only and is nonregulatory in subcontracts; this requirement is more effect on existing Federal law or nature. restrictive than the requirement at FAR regulation, and retroactive effect; 77. Subsection 945.502–70, 49.108–8. describes any administrative addressing physical protection of 91. Subsection 949.112–1, addressing proceedings to be available prior to property; coverage at FAR 45.5 and in partial payments; this requirement is judicial review and any provisions for the DOE Property Management more restrictive than the requirement at the exhaustion of such administrative Regulations at 41 CFR 109–1.51 is FAR 49.112–1. proceedings; and defines key terms. sufficient. 92. Subpart 949.2, addressing the DOE certifies that this rule meets the 78. Subsection 945.502–71, submission of settlement proposals and requirements of sections 2(a) and (b) of addressing control of sensitive items of the bases for settlement proposals; these Executive Order 12778. property; coverage at FAR 45.5 and in requirements are more restrictive than the DOE Property Management C. Review Under the Regulatory the requirements at FAR 49.2. Flexibility Act Regulations at 41 CFR 109–1.51 is 93. Subpart 949.3, addressing the sufficient. submission of settlement proposals; this This rule was reviewed under the 79. Subsection 945.502–72, requirement is more restrictive than the Regulatory Flexibility Act of 1980, Pub. addressing the management of precious requirement at FAR 49.3. L. 96–354, which requires preparation metals; coverage in the DOE Property 94. Subpart 951.2, addressing of a regulatory flexibility analysis for Management Regulations at 41 CFR contractor use of interagency motor pool any rule that is likely to have a 109–27.53 is sufficient. vehicles; the coverage at FAR 51.2 is significant economic impact on a 80. Section 945.508, specifying the sufficient. substantial number of small entities. frequency of physical inventories; 95. Section 951.7000, addressing This rule will have no impact on coverage in the DOE Property contractor travel discounts; this is for interest rates, tax policies or liabilities, Management Regulations at 41 CFR informational purposes only and is the cost of goods or services, or other 109–1.51 is sufficient. nonregulatory in nature. direct economic factors. It will also not 81. Section 945.570, addressing motor 96. Section 951.7001, addressing have any indirect economic vehicle and aircraft management; contractor use of Government travel consequences such as changed coverage at FAR 45.304 and in the DOE discounts; this is for informational construction rates. DOE certifies that Property Management Regulations at 41 purposes only and is nonregulatory in this rule will not have a significant CFR 109–38 is sufficient. nature. economic impact on a substantial 82. Subsection 945.570–1, classifying 97. Subpart 971.2, prescribing number of small entities and, therefore, types of motor vehicles; this is for contracting activity review no regulatory flexibility analysis has informational purposes only and is requirements; this is unduly constrictive been prepared. nonregulatory in nature. oversight of the Department’s 83. Subsection 945.570–3, addressing D. Review Under the Paperwork contracting offices. the selection of type of motor vehicle; Reduction Act 98. Subpart 971.3, addressing coverage in the DOE Property procurement management system No new information collection or Management Regulations at 41 CFR reviews; these reviews are no longer recordkeeping requirements are 109–38 is sufficient. performed within the Department. imposed by this rule. Accordingly, no 84. Subsection 945.570–4, addressing OMB clearance is required under the the identification of motor vehicles; III. Procedural Requirements Paperwork Reduction Act of 1980 (44 coverage in the DOE Property U.S.C. 3501, et seq.). Management Regulations at 41 CFR A. Review Under Executive Order 12866 109–38 is sufficient. This regulatory action has been E. Review Under Executive Order 12612 85. Subsection 945.570–5, addressing determined not to be a ‘‘significant Executive Order 12612, entitled the utilization of motor vehicles; regulatory action’’ under Executive ‘‘Federalism,’’ 52 FR 41685 (October 30, Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47307 1987), requires that regulations, rules, 942, 943, 944, 945, 947, 949, 951, and 904.601±70 [Removed] legislation, and any other policy actions 971 continues to read as follows: 17. Subsection 904.601–70 is be reviewed for any substantial direct Authority: 42 U.S.C. 7254; 40 U.S.C. removed. effects on States, on the relationship 486(c). between the Federal Government and 904.601±71 [Amended] the States, or in the distribution of 901.103 [Amended] 18. Subsection 904.601–71 is power and responsibilities among 2. Section 901.103 is amended by amended by removing paragraphs (a) various levels of government. If there removing the second sentence. and (b), and the paragraph (c) are sufficient substantial direct effects, 901.103±70 [Removed] designation. then the Executive Order requires preparation of a federalism assessment 3. Subsection 901.103–70 is removed. 904.702 [Amended] to be used in all decisions involved in 901.104±3 [Amended] 19. Section 904.702 is amended in promulgating and implementing a 4. Subsection 901.104–3 is amended paragraph (b) by removing the second policy action. DOE has determined that by removing the third sentence of sentence. this rule will not have a substantial paragraph (a), and by removing direct effect on the institutional PART 905ÐPUBLICIZING CONTRACT paragraph (b) and the paragraph (a) ACTIONS interests or traditional functions of designation. States. 905.2 [Removed] 901.170 [Removed] F. Review Under the National 5. Section 901.170 is removed. 20. Subpart 905.2 is removed. Environmental Policy Act 905.3 [Removed] Pursuant to the Council on 901.301±71 [Removed] Environmental Quality Regulations (40 6. Subsection 901.301–71 is removed. 21. Subpart 905.3 is removed. CFR 1500–1508), the Department has 901.301±72 [Amended] PART 906ÐCOMPETITION established guidelines for its 7. Subsection 901.301–72 is amended REQUIREMENTS compliance with the provisions of the by removing paragraphs (a), (b), and (c). National Environmental Policy Act 906.303±1 [Amended] (NEPA) of 1969 (42 U.S.C. 4321, et seq.). 901.601±70 [Removed] 22. Subsection 906.303–1 is amended Pursuant to Appendix A of Subpart D of 8. Subsection 901.601–70 is removed. in paragraph (a) by removing the first 10 CFR 1021, National Environmental sentence. Policy Act Implementing Procedures 901.603±70 [Removed] (Categorical Exclusion A6), DOE has 9. Subsection 901.603–70 is removed. PART 907ÐACQUISITION PLANNING determined that this rule is categorically 901.603±71 [Removed] excluded from the need to prepare an 907.1 [Removed] environmental impact statement or 10. Subsection 901.603–71 is 23. Subpart 907.1 is removed. environmental assessment. removed. 907.4 [Removed] G. Public Hearing Determination 901.603±72 [Amended] 11. Subsection 901.603–72 is 24. Subpart 907.4 is removed. DOE has concluded that this rule does amended by removing paragraph (b) and PART 908ÐREQUIRED SOURCES OF not involve any significant issues of law the paragraph (a) designation. or fact. Therefore, consistent with 5 SUPPLIES AND SERVICES U.S.C. 553, DOE has not scheduled a PART 902ÐDEFINITIONS OF WORDS 908.802 [Amended] public hearing. AND TERMS 25. Section 908.802 is amended in List of Subjects in 48 CFR Parts 901, 902.1 [Removed] paragraph (b) by removing the last 902, 903, 904, 905, 906, 907, 908, 909, 12. Subpart 902.1 is removed. sentence. 910, 912, 913, 914, 915, 916, 919, 920, 922, 924, 925, 928, 933, 935, 936, 937, PART 903ÐIMPROPER BUSINESS 908.70 [Removed] 942, 943, 944, 945, 947, 949, 951, and PRACTICES AND PERSONAL 26. Subpart 908.70 is removed. 971 CONFLICTS OF INTEREST 908.72 [Removed] Government procurement. 903.101±3 [Amended] 27. Subpart 908.72 is removed. Issued in Washington, D.C., on August 31, 13. Subsection 903.101–3 is amended 1995. by removing the second through fifth PART 909ÐCONTRACTOR Richard H. Hopf, sentences. QUALIFICATIONS Deputy Assistant Secretary for Procurement 909.404 [Removed] and Assistance Management. PART 904ÐADMINISTRATIVE MATTERS 28. Section 909.404 is removed. For the reasons set out in the preamble, Chapter 9 of Title 48 of the 904.402 [Amended] PART 910ÐSPECIFICATIONS, Code of Federal Regulations is amended 14. Section 904.402 is amended in STANDARDS, AND OTHER PURCHASE as set forth below. paragraph (b) by removing the second DESCRIPTIONS [REMOVED] and third sentences, and by removing PART 901ÐFEDERAL ACQUISITION paragraphs (c), (d), and (k). 29. Part 910 is removed. REGULATIONS SYSTEM 904.403 [Removed] PART 912ÐCONTRACT DELIVERY OR 1. The authority citation for Parts 901, 15. Section 904.403 is removed. PERFORMANCE 902, 903, 904, 905, 906, 907, 908, 909, 910, 912, 913, 914, 915, 916, 919, 920, 904.601 [Removed] 912.5 [Removed] 922, 924, 925, 928, 933, 935, 936, 937, 16. Section 904.601 is removed. 30. Subpart 912.5 is removed. 47308 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations PART 913ÐSMALL PURCHASE AND PART 920ÐLABOR SURPLUS AREA 942.001 [Removed] OTHER SIMPLIFIED PURCHASE CONCERNS [REMOVED] 65. Section 942.001 is removed. PROCEDURES 50. Part 920 is removed. 942.002 [Removed] 913.505±3 [Removed] PART 922ÐAPPLICATION OF LABOR 66. Section 942.002 is removed. 31. Subsection 913.505–3 is removed. LAWS TO GOVERNMENT 942.003 [Removed] PART 914ÐSEALED BIDDING ACQUISITION 67. Section 942.003 is removed. 922.4 [Removed] 914.2 [Removed] 942.1 [Removed] 51. Subpart 922.4 is removed. 32. Subpart 914.2 is removed. 68. Subpart 942.1 is removed. 914.401 [Removed] PART 924ÐPROTECTION OF PRIVACY 942.2 [Removed] 33. Section 914.401 is removed. AND FREEDOM OF INFORMATION [REMOVED] 69. Subpart 942.2 is removed. 914.402±1 [Removed] 942.708 [Removed] 34. Subsection 914.402–1 is removed. 52. Part 924 is removed. 70. Section 942.708 is removed. PART 925ÐFOREIGN ACQUISITION PART 915ÐCONTRACTING BY 942.14 [Removed] NEGOTIATION 925.5 [Removed] 71. Subpart 942.14 is removed. 915.406±5 [Removed] 53. Subpart 925.5 is removed. 35. Subsection 915.406–5 is removed. PART 943ÐCONTRACT PART 928ÐBONDS AND INSURANCE MODIFICATIONS [Removed] 915.610 [Removed] 928.103±2 [Removed] 72. Part 943 is removed. 36. Section 915.610 is removed. 54. Subsection 928.103–2 is removed. PART 944ÐSUBCONTRACTING 915.801 [Removed] 928.2 [Removed] POLICIES AND PROCEDURES 37. Section 915.801 is removed. 55. Subpart 928.2 is removed. 944.1 [Removed] 915.804±8 [Removed] PART 933ÐPROTESTS, DISPUTES 73. Subpart 944.1 is removed. 38. Subsection 915.804–8 is removed. AND APPEALS 944.2 [Removed] 915.804±70 [Removed] 933.2 [Removed] 74. Subpart 944.2 is removed. 39. Subsection 915.804–70 is 56. Subpart 933.2 is removed. removed. PART 945ÐGOVERNMENT PROPERTY PART 935ÐRESEARCH AND 915.805±70 [Amended] DEVELOPMENT CONTRACTING 945.104±70 [Removed] 40. Subsection 915.805–70 is 75. Subsection 945.104–70 is amended by removing paragraphs (a), 935.007 [Removed] removed. (b), (c), and (f), and redesignating 57. Section 935.007 is removed. paragraphs (d) and (e) as paragraphs (a) 945.304 [Removed] and (b). 935.015 [Removed] 76. Section 945.304 is removed. 58. Section 935.015 is removed. 915.807 [Removed] 945.501 [Removed] 41. Section 915.807 is removed. PART 936ÐCONSTRUCTION AND 77. Section 945.501 is removed. ARCHITECT-ENGINEER CONTRACTS 915.808 [Removed] 945.502±70 [Removed] 936.202 [Amended] 42. Section 915.808 is removed. 78. Subsection 945.502–70 is 59. Section 936.202 is amended by removed. PART 916ÐTYPES OF CONTRACTS removing paragraphs (a) and (b) and redesiginating paragraphs (c) through (j) 945.502±71 [Removed] 916.207 [Removed] as paragraphs (a) through (h), 79. Subsection 945.502–71 is 43. and 44. Section 916.207 is respectively. removed. removed. PART 937ÐSERVICE CONTRACTING 945.502±72 [Removed] 916.303 [Removed] 45. Section 916.303 is removed. 937.2 [Removed] 80. Subsection 945.502–72 is removed. 60. Subpart 937.2 is removed. 916.6 [Removed] 945.508 [Removed] 46. Subpart 916.6 is removed. 937.7010 [Removed] 61. Section 937.7010 is removed. 81. Section 945.508 is removed. PART 919ÐSMALL BUSINESS AND 945.570 [Removed] SMALL DISADVANTAGED BUSINESS 937.7020 [Removed] CONCERNS 62. Section 937.7020 is removed. 82. Section 945.570 is removed. 919.705±2 [Removed] 937.7030 [Removed] 945.570±1 [Removed] 47. Subsection 919.705–2 is removed. 63. Section 937.7030 is removed. 83. Subsection 945.570–1 is removed. 919.705±5 [Removed] PART 942ÐCONTRACT 945.570±3 [Removed] 48. Subsection 919.705–5 is removed. ADMINISTRATION 84. Subsection 945.570–3 is removed. 919.708 [Removed] 942.000 [Removed] 945.570±4 [Removed] 49. Section 919.708 is removed. 64. Section 942.000 is removed. 85. Subsection 945.570–4 is removed. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47309 945.570±5 [Removed] SUMMARY: The Department of Commerce PARTS 1302, 1304, 1305, 1306, 1307, 86. Subsection 945.570–5 is removed. hereby removes certain parts, subparts, and 1308Ð[REMOVED AND and sections of the Commerce RESERVED] 945.570±6 [Removed] Acquisition Regulation concerning 87. Subsection 945.570–6 is removed. internal management. This action is 4. Parts 1302, 1304, 1305, 1306, 1307, and 1308 are removed and reserved. 945.570±9 [Removed] taken in keeping with the goals of the National Performance Review and in 88. Subsection 945.570–9 is removed. PART 1309Ð[AMENDED] order to comply with recent Executive PART 947ÐTRANSPORTATION Orders that address regulatory reforms. 5. Part 1309 is amended by revising subpart 1309.4 to read as follows: 947.1 [Removed] EFFECTIVE DATE: September 12, 1995. 89. Subpart 947.1 is removed. FOR FURTHER INFORMATION CONTACT: Subpart 1309.4ÐDebarment, Suspension and Ineligibility Ms. Joyce Cavallini, 202–482–0202. PART 949ÐTERMINATION OF CONTRACTS SUPPLEMENTARY INFORMATION: On March 1309.470±4 Procedures on debarment. 4, 1995, as part of the President’s Decision making process. Upon 949.108±4 [Removed] Regulatory Reinvention Initiative, the receipt of a debarment recommendation, 90. Subsection 949.108–4 is removed. President directed agencies to conduct a the Procurement Executive shall review 949.108±8 [Removed] page-by-page review of all regulations all available evidence and shall and eliminate or revise those that are promptly determine whether or not to 91. Subsection 949.108–8 is removed. outdated or otherwise in need of reform. proceed with debarment. The 949.112±1 [Removed] After conducting a review of the Procurement Executive may refer the 92. Subsection 949.112–1 is removed. Commerce Acquisition Regulation matter to the Office of Inspector General (CAR), it was determined that the for further investigation. After 949.2 [Removed] intended goal of certain portions of the completion of any additional review or 93. Subpart 949.2 is removed. CAR could be achieved in more investigations, the Procurement efficient, less intrusive ways. The Executive shall make a written 949.3 [Removed] portions of the CAR being removed were determination. A copy of this 94. Subpart 949.3 is removed. internal management regulations that determination shall be promptly sent to are not required by law and are not the initiating contracting office. (See PART 951ÐUSE OF GOVERNMENT FAR 9.406–3(b).) SOURCES BY CONTRACTORS deemed to be regulatory in nature. List of Subjects in 48 CFR Parts 1301, 1309.470±7 Procedures on suspension. 951.2 [Removed] 1302, 1304, 1305, 1306, 1307, 1308, Decision making process. Procedures 95. Subpart 951.2 is removed. 1309, 1314, 1315, 1316, 1317, 1319, for the decision making process of 951.7000 [Removed] 1322, 1324, 1325, 1331, 1332, 1333, suspensions are the same as those 1334, 1336, 1337, 1342, and 1345 96. Section 951.7000 is removed. contained in 1309.470–4 except that an initial decision for suspension results in Government procurement. 951.7001 [Removed] immediate suspension. (See FAR 9.407– 97. Section 951.7001 is removed. Shirl G. Kinney, 3(b).) Procurement Executive. PART 971ÐREVIEW AND APPROVAL PART 1314Ð[REMOVED AND OF CONTRACT ACTIONS For the reasons set forth in the RESERVED] preamble, Chapter 13 of Title 48 Code 971.2 [Removed] of Federal Regulations is amended as set 6. Part 1314 is removed and reserved. 98. Subpart 971.2 is removed. forth below: PART 1315Ð[AMENDED] 971.3 [Removed] 1. The authority citation for parts 1301, 1302, 1304, 1305, 1306, 1307, 7. Part 1315 is amended by removing 99. Subpart 971.3 is removed. 1308, 1309, 1314, 1315, 1316, 1317, § 1315.501; removing § 1315.504(a) and [FR Doc. 95–22219 Filed 9–11–95; 8:45 am] 1319, 1322, 1324, 1325, 1331, 1332, redesignating § 1315.504 (b) and (c) as BILLING CODE 6450±01±P 1333, 1334, 1336, 1337, 1342, and 1345 (a) and (b), respectively; removing continues to read as follows: § 1315.506 (a), (b), and (c) and Authority: Federal Property and redesignating paragraphs (d), (e), (f), and DEPARTMENT OF COMMERCE Administrative Services Act of 1949, as (g) as (a), (b), (c), and (d) respectively; amended (40 U.S.C. 486(c)), as delegated by removing and reserving subpart 48 CFR Parts 1301, 1302, 1304, 1305, the Secretary of Commerce in Department § 1315.6; removing § 1315.804–3; and 1306, 1307, 1308, 1309, 1314, 1315, Organization Order 10–5 and Department removing § 1315.805–70 (a) and (b) and 1316, 1317, 1319, 1322, 1324, 1325, Administrative Order 208–2. redesignating paragraph (c) as (a). 1331, 1332, 1333, 1334, 1336, 1337, 1342, and 1345 PART 1301Ð[AMENDED] PART 1316Ð[AMENDED] [Docket No. 950602146±5146±01] 2. Part 1301 is amended by removing 8. Part 1316 is amended by removing RIN 0690±AA24 and reserving subparts 1301.2, 1301.3, and reserving subparts 1316.3 and 1301.4, and 1301.5. 1316.6. Commerce Acquisition Regulation; 3. Part 1301 is further amended by PART 1317Ð[AMENDED] Removal of Provisions removing §§ 1301.601, 1301.601–70, AGENCY: Commerce. 1301.601–71, 1301.603, and 1301.603– 9. Part 1317 is amended by removing 71, and 1301.603–70(a) (2) and (3) and and reserving subparts 1317.4 and ACTION: Final rule. redesignating paragraph (a)(4) as (a)(2). 1317.5. 47310 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations PART 1319Ð[AMENDED] Contracting Officer to direct the FAR 27.404(g)(3) authorizes agencies contractor to claim copyright in to include contractual requirements to 10. Part 1319 is amended by removing computer software and assign the assign copyright to the Government or §§ 1319.201, 1319.705–5, 1319.7001 and copyright to the Government or another another party. The FAR further directs 1319.7002(b). party. Assignment to the Government that any such requirements established by agencies should be added to clause PARTS 1322, 1324, 1325, AND 1331Ð can only be directed when the 52.227–14, Rights in Data—General. [REMOVED AND RESERVED] Contractor has not previously been granted permission to claim copyright This authority is the same as is 11. Parts 1322, 1324, 1325, and 1331 on its own behalf. This is needed presently contained in FAR clause are removed and reserved. because existing contract clauses do not 52.227–17, Rights in Data—Special provide this authority for some types of Works. That clause is specifically PART 1332Ð[AMENDED] contracts. tailored for acquisitions where data is the main deliverable; it lacks many 12. Part 1332 is amended by removing EFFECTIVE DATE: October 1, 1995. elements necessary in contracts and reserving subparts 1332.4 and FOR FURTHER INFORMATION CONTACT: involving a mix of deliverables. The 1332.6. Nina Lawrence, (202) 358–2424, or Tom proposed revision will result in a clause Deback, (202) 358–0431. PART 1333Ð[AMENDED] that more appropriately addresses SUPPLEMENTARY INFORMATION: NASA’s needs in acquisitions involving 13. Part 1333 is amended by removing mixed deliverables. Further, with the §§ 1333.102, 1333.104(a) (3) and (4), A. Background increased emphasis in recent years on 1333.104(f), 1333.105(a)(2), 1333.105(b), NASA published a Proposed Rule on promoting U.S. competitiveness and the 1333.105(d), and 1333.209. October 13, 1994 (59 FR 51936), commercialization of Government- amending the NASA FAR Supplement generated technology, it is important PART 1334Ð[REMOVED AND (NFS) to allow the Contracting Officer to that steps be taken to protect computer RESERVED] direct the contractor to claim the software that has a significant 14. Part 1334 is removed and copyright in computer software and technology transfer value. The reserved. assign the copyright to the Government availability of copyright protection will or another party. Assignment to the enable NASA to enhance U.S. PART 1336Ð[AMENDED] Government can only be directed when competitiveness and more effectively the contractor has not previously been transfer valuable computer software 15. Part 1336 is amended by removing granted permission to claim copyright technology. §§ 1336.602–4 and 1336.603. on its own behalf. NASA is publishing This revision does not apply to or affect contracts for basic or applied PART 1337Ð[REMOVED AND this Final Rule with some changes in the provisions set forth in the Proposed research with a university or college RESERVED] (see NFS 1827.404(e)(1) or 1827.409(e)). Rule, which reflect some of the Comments on the Proposed Rule were 16. Part 1337 is removed and comments received. reserved. received from four organizations, and a FAR clause 52.227–14, Rights in number of comments were duplicative Data—General, as modified by the NFS, PART 1342Ð[AMENDED] in subject matter. Several comments currently provides that a contractor may related to the rights of contractors. One 17. Part 1342 is amended by removing establish (assert) claim to copyright in organization commented that the § 1342.102–70 (c) and (d). software developed under the contract contractor assigning the copyright provided the contractor obtains the would not retain a copyright license, PART 1345Ð[REMOVED AND Contracting Officer’s prior written and that to avoid potentially becoming RESERVED] permission. This revision will not an infringer, the contractor would be restrict this right. However, if a 18. Part 1345 is removed and motivated to seek the Contracting contractor is not interested in claiming reserved. Officer’s permission to claim the copyright, or developing the software, copyright. The authority to direct [FR Doc. 95–22559 Filed 9–11–95; 8:45 am] and is unwilling to assign the copyright assignment of copyright is presently BILLING CODE 3510±17±M to NASA or its designee, no copyright contained in FAR clause 52.227–17, can be claimed for the software. In Rights in Data—Special Works, which many, if not most, cases this does not has been in use for many years. NATIONAL AERONAUTICS AND matter. However, in some situations Contractors have not been motivated to SPACE ADMINISTRATION where further development of software request permission to claim copyright in is needed before the software can be order to avoid potential infringement, 48 CFR Parts 1827 and 1852 marketed, the U.S. private sector may be even though the clause provides that the [NFS Case 940013] unwilling to invest in developing and contractor may use the data first marketing the software without the produced only for the performance of RIN 2700±AB72 availability of copyright protection. This the contract. Rather, contractors have revision will provide authority to requested permission to claim copyright NASA FAR Supplement; Assignment acquire assignments of copyright in of Copyright in Software for the purpose of further developing such situations. and/or commercializing the software. AGENCY: Office of Procurement, National It is NASA’s intent to announce to the Some commenters expressed concern Aeronautics and Space Administration public the availability of licensable that a contractor would not be given the (NASA). software and the criteria which will be opportunity to copyright software, or ACTION: Final rule. utilized in selecting licensees. Exclusive NASA would arbitrarily refuse to grant and partially exclusive licenses will be the contractor permission to copyright. SUMMARY: This is a revision of the granted only after public notice and The purpose of the revision proposed by NASA FAR Supplement to allow the opportunity to file written objections. NASA is to effect the further Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47311 development and/or commercialization General and Special Works clauses need, i.e., provides protection for the of the software, and if the contractor has which states that the word ‘‘establish’’ software’s value, by allowing NASA to a plan for accomplishing such further in those clauses shall be construed as direct the contractor to claim copyright development and/or commercialization, meaning ‘‘assert’’. and assign the copyright to NASA or permission to copyright will be granted. Some comments related to the another party. The potential costs for NFS 1827.404(e)(2) sets forth guidelines necessity for the revision, e.g., lack of this regulatory action are limited to the covering when the Contracting Officer evidence that the U.S. private sector is nominal costs involved in claiming and may, in consultation with the unwilling to invest in the software transferring copyright. These costs may installation’s patent or intellectual without copyright protection; vagueness vary, but are estimated to be less than property counsel, grant the contractor of Proposed Rule’s goals; and the $100 per copyright, and it is anticipated permission to copyright, publish, or availability of copyright protection for that less than 10 contractors annually release to others computer software first derivative works based on public would each be required to incur this produced in the performance of the domain software. NASA’s goal is to expense one time. Because the contracts contract. For example, permission to more effectively transfer valuable under which valuable software is likely copyright will be granted if (i) the computer software technology to the to be developed are usually cost- contractor has identified an existing private sector thereby enhancing reimbursable research and development commercial computer software product commercialization of Government- contracts, the costs for copyright and line, or proposes a new one, and states generated technology and U.S. transfer would normally be charged to a positive intention of incorporating the competitiveness. Disseminating the Government. The potential benefits computer software first produced under software to the public without are the value of the protected software. the contract into that line, either restriction works well for many This value cannot be measured, as it directly itself or through a licensee; or computer software products. However, depends on future discoveries and (ii) the contractor has made, or will be it has been the experience of Federal developments. This value cannot be required to make, significant agencies that in situations where further considered to be taken away from contributions to the development of the development of software is needed contractors, because it never belonged to computer software by co-funding or by before the software can be marketed, the them. cost sharing, or by contributing U.S. private sector is unwilling to invest resources. in developing and marketing the C. Paperwork Reduction Act Another group of comments related to software without copyright protection. The Paperwork Reduction Act does the question of when copyright arises The GAO in its June 1992 report, not apply because the proposed changes and use of the word ‘‘establish’’ in the entitled ‘‘Technology Transfer: to the NASA FAR Supplement do not proposed revision. There is no question Copyright Law Constrains impose any recordkeeping or that under 17 U.S.C. 102(a) ‘‘copyright Commercialization of Some Federal information collection requirements, or protection subsists * * * in original Software’’, concluded that although collections of information from offerors, works of authorship fixed in any many factors affect a company’s contractors, or members of the public tangible medium of expression * * *’’ decision whether to invest in Federal which require the approval of the Office and that under 17 U.S.C. 201, software, lack of copyright protection of Management and Budget under 44 ownership of the copyright vest initially for that software is a consideration. The U.S.C. 3501, et seq. in the author or authors. However, it is principle is well established with also clear from the legislative history of respect to the U.S. general public that D. Regulatory Flexibility Act the Copyright Act of 1976 that contract technology which is freely available to NASA certifies that this regulation provisions can determine whether a everyone is often not of interest to will not have a significant economic contractor can claim copyright anyone where considerable risk capital impact on a substantial number of small protection in data first produced under is required to achieve entities under the Regulatory Flexibility the contract. See the discussion of commercialization. Act (5 U.S.C. 601 et seq.). Section 105, U.S. Government works, in The Final Rule will provide the the legislative history of the Copyright flexibility needed to ensure the transfer List of Subjects in 48 CFR Parts 1827 Act of 1976, i.e., H.R. Report 94–1476, and commercialization of valuable and 1852 94th Congress Second Session, pages computer software in situations where Government procurement. 58–59 and S. Report 94–473, 94th the contractor is not interested in Tom Luedtke, Congress, First Session, pages 56–57. further development and Deputy Associate Administrator for Both reports state: ‘‘As the bill is commercialization of the software. Procurement. written, the Government agency B. Executive Order 12866 Accordingly, 48 CFR Parts 1827 and concerned could determine in each case The Office of Information and 1852 are amended as follows. whether to allow an independent 1. The authority citation for 48 CFR contractor or grantee to secure copyright Regulatory Affairs has determined that this rule is significant under E.O. 12866. Parts 1827 and 1852 continues to read in works prepared in whole or in part as follows: with the use of Government funds.’’ This regulation is needed on an urgent NASA is aware that use of the word and compelling basis because valuable Authority: 42 U.S.C. 2473(c)(1). ‘‘establish’’ presents difficulties, and, for computer software developed under the purpose of conformity with the NASA contracts may become part of the PART 1827ÐPATENTS, DATA, AND copyright statute, has construed the public domain, and thereby lose its COPYRIGHTS word ‘‘establish’’ to mean ‘‘assert’’. value, if the software is not copyrighted. 2. In section 1827.404, paragraphs NASA is taking this opportunity to Current regulations grant the contractor (d)(1) and (e)(1) are revised and revise the NFS so that if reflects the right to request permission to claim paragraphs (e)(4) and (e)(5) are added to copyright law by using ‘‘assert’’ in the copyright, but there is no procedure to read as follows: Final Rule in lieu of ‘‘establish,’’ and by force the contractor to exercise that right requiring in the NFS that a provision be or to transfer the copyright to the 1827.404 Basic rights in data clause. added to the FAR Rights in Data— Government. The regulation meets the * * * * * 47312 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations (d) * * * 15 is to be added to the clause at FAR ACTION: Final rule; correction. (1) The Contracting Officer shall 52.227–17, Rights in Data—Special consult with the installation’s Patent or Works, whenever that clause is used in SUMMARY: This document contains Intellectual Property Counsel before any NASA contract. corrections to the final rule (I.D. granting in accordance with FAR 050195A) that was published Thursday, PART 1852ÐSOLICITATION 27.404(f)(1)(ii) permission for a August 10, 1995 (60 FR 40763). The rule PROVISIONS AND CONTRACT contractor to claim copyright subsisting imposes a temporary moratorium on the CLAUSES in data, other than computer software, entry of new vessels into the groundfish first produced under the contract. For 4. In section 1852.227–14, paragraph fisheries under Federal jurisdiction in copyright of computer software first (3) of the addition to the FAR clause is the Bering Sea and Aleutian Islands produced under the contract, see redesignated as paragraph (3)(i) and new (BSAI) management area, the crab paragraph (e) of this section. paragraphs (3)(ii) and (iii) are added as (e) * * * fisheries under Federal jurisdiction in (1) Paragraph (3) (see 1827.409(e) and follows: the BSAI Area, and the groundfish 1852.227–14) is to be added to 1852.227±14 Rights in DataÐGeneral. fisheries under Federal jurisdiction in the Gulf of Alaska (GOA). paragraph (d) of the clause at FAR * * * * * 52.227–14, Rights in Data—General, (3)(i) * * * EFFECTIVE DATES: Effective September whenever that clause is used in any (ii) If the Government desires to obtain 11, 1995, through December 31, 1998, contract other than one for basic or copyright in computer software first except for the amendments to §§ 671.4, applied research with a university or produced in the performance of this contract 672.4, and 675.4, and §§ 676.3 and college. Paragraph (d)(3)(i) of the clause and permission has not been granted as set forth in paragraph (d)(3)(i) of this clause, the 676.4, which will become effective on provides that the contractor may not January 1, 1996, through December 31, assert claim to copyright, publish, or Contracting Officer may direct the contractor to assert, or authorize the assertion of, claim 1998; and the amendments to Figure 1 release to others computer software first to copyright in such data and to assign, or to part 677, § 677.4, and §§ 671.2, and produced in the performance of a obtain the assignment of, such copyright to 671.3, which are effective September 11, contract without the contracting the Government or its designated assignee. 1995. officer’s prior written permission. This (iii) Whenever the word ‘‘establish’’ is used is in accordance with NASA policy and in this clause, with reference to a claim to FOR FURTHER INFORMATION CONTACT: procedures for the distribution of copyright, it shall be construed to mean Catherine Belli, 301-713-2341. computer software developed by NASA ‘‘assert’’. SUPPLEMENTARY INFORMATION: and its contractors. (End of addition) * * * * * 5. Section 1852.227–15 is added to Background (4) If the contractor has not been Part 1852 to read as follows: granted permission to copyright in The final rule that is the subject of 1852.227±15 Rights in DataÐSpecial these corrections addresses fishery accordance with paragraphs (e)(1) and Works (e)(2) of this section, paragraph (d)(3)(ii) management problems caused by excess of the clause at FAR 52.227–14, Rights As prescribed in 1827.405(c), add the harvesting capacity or overcapitalization in Data—General (as modified by following paragraph (f) to the basic by establishing temporary entry controls 1852.227–14), enables NASA to direct clause at FAR 52.227–17: until more permanent controls on the contractor to assert claim to (f) Whenever the words ‘‘establish’’ and harvesting capacity can be copyright in computer software first ‘‘establishment’’ are used in this clause, with implemented. As published, the final produced under the contract and to reference to a claim to copyright, they shall rule contains typographical and assign, or obtain the assignment of, such be construed to mean ‘‘assert’’ and editorial errors which are misleading ‘‘assertion’’, respectively. copyright to the Government or its and in need of correction. This designee. The Contracting Officer may, (End of addition) document corrects those errors. in consultation with the installation [FR Doc. 95–22573 Filed 9–11–95; 8:45 am] Correction of Publication patent or intellectual property counsel, BILLING CODE 7510±01±M so direct the contractor in situations Accordingly, the publication on where copyright protection is August 10, 1995 (60 FR 40763), of the considered necessary in furtherance of DEPARTMENT OF COMMERCE final regulations (I.D. 050195A) that agency mission objectives, needed to were the subject of FR Doc. 95–19344, National Oceanic and Atmospheric support specific agency programs, or is corrected as follows: necessary to meet statutory Administration requirements. 1. On page 40767, middle column, (5) In order to insure consistency with 50 CFR Parts 671, 672, 675, 676, and second full paragraph, line 22, is revised copyright law, paragraph (d)(3)(iii) 677 to read ‘‘1988 through February 9, 1992, clarifies that the word ‘‘establish’’ in [Docket No. 950508130±5171±02; I.D. or a’’. FAR 52.227–14, Rights in Data—General 050195A] 2. On page 40771, third column, shall be construed as ‘‘assert’’ when RIN 0648±AH62 amendatory instruction number 6., line used with reference to a claim to two is revised to read ‘‘through copyright. Limited Access Management of December 31, 1998, § 672.3,’’. * * * * * Federal Fisheries In and Off Alaska; 3. On page 40772, first column, 3. In section 1827.405, paragraph (c) Groundfish and Crab Fisheries amendatory instruction number 9., line is added to read as follows: Moratorium; Correction two is revised to read ‘‘through 1827.405 Other data rights provisions. AGENCY: National Marine Fisheries December 31, 1998, § 675.3,’’. * * * * * Service (NMFS), National Oceanic and 4. On page 40773, first column, the (c) Production of special works. Atmospheric Administration (NOAA), term ‘‘Reconstruction‘‘ in the definitions Paragraph (f) of the clause at 1852.227– Commerce. is italicized. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Rules and Regulations 47313 Dated: September 1, 1995. Management Division, Alaska Region, Classification Gary Matlock, NMFS, P.O. Box 21668, Juneau, AK Program Management Officer, National 99802–1668. Attn: Lori Gravel. This action is taken under 50 CFR Marine Fisheries Service. SUPPLEMENTARY INFORMATION: The 675.20 and is exempt from review under [FR Doc. 95–22284 Filed 9–11–95; 8:45 am] groundfish fishery in the U.S. BSAI E.O. 12866. BILLING CODE 3510±22±F exclusive economic zone is managed by The Assistant Administrator for NMFS according to the Fishery Fisheries, NOAA (AA), has determined, Management Plan for the Groundfish under section 553(d)(3) of the 50 CFR Part 675 Fishery of the Bering Sea and Aleutian Administrative Procedure Act and 50 [Docket No. 950206040±5040±01; I.D. Islands Area (FMP) prepared by the CFR 675.20(b)(2), that good cause exists 090595A] North Pacific Fishery Management for waiving the opportunity for prior Council under authority of the public comment for this action. Groundfish of the Bering Sea and Magnuson Fishery Conservation and Fisheries are currently taking place that Aleutian Islands Area; Apportionment Management Act. Fishing by U.S. will be supplemented by this of Reserve vessels is governed by regulations apportionment. Delaying the implementing the FMP at 50 CFR parts AGENCY: National Marine Fisheries 620 and 675. implementation of this action would be Service (NMFS), National Oceanic and The Director, Alaska Region, NMFS, disruptive and costly to these ongoing Atmospheric Administration (NOAA), has determined that the initial TACs operations. Under § 675.20(b)(2), Commerce. specified for: ‘‘Other rockfish’’ in the interested persons are invited to submit ACTION: Apportionment of reserve; Bering Sea subarea and rock sole and written comments on these request for comments. ‘‘other flatfish’’ in the BSAI need to be apportionments to the above address supplemented from the non-specific until September 22, 1995. To the extent SUMMARY: NMFS is apportioning reserve to certain target species in the Bering reserve in order to continue operations that this action relieves a restriction, no Sea and Aleutian Islands management and account for prior harvest. delayed effectiveness period is Therefore, in accordance with area (BSAI). This action is necessary to necessary. In any case, for the reasons § 675.20(b), NMFS is apportioning from allow for ongoing harvest and account stated above, there is good cause to the reserve to TACs for the following for previous harvest of the total waive the delayed effectiveness period species or species groups: In the Bering allowable catch (TAC). so that this action may take effect Sea subarea - 49 metric tons (mt) to immediately. EFFECTIVE DATE: 12 noon, Alaska local ‘‘other rockfish’’; in the BSAI - 9,000 mt time (A.l.t.), September 7, 1995, until 12 to rock sole, and 2,931 mt to ‘‘other Authority: 16 U.S.C. 1801 et seq. midnight, A.l.t., December 31, 1995. flatfish’’. Dated: September 7, 1995. Comments must be received at the These apportionments are consistent Richard W. Surdi, address below no later than 4:30 p.m., with § 675.20(a)(2)(i) and do not result A.l.t. September 22, 1995. in overfishing of a target species or the Acting Director, Office of Fisheries Conservation and Management, National FOR FURTHER INFORMATION CONTACT: ‘‘other species’’ category, because the Marine Fisheries Service. Andrew N. Smoker, 907–586-7228. revised TACs are equal to or less than [FR Doc. 95–22658 Filed 9–7–95; 4:18 pm] ADDRESSES: Comments should be sent to specifications of acceptable biological Ronald J. Berg, Chief, Fisheries catch. BILLING CODE 3510±22±F 47314 Proposed Rules Federal Register Vol. 60, No. 176 Tuesday, September 12, 1995 This section of the FEDERAL REGISTER that proposed a new airworthiness account for all misidentified torque contains notices to the public of the proposed directive (AD), applicable to certain plates. (Boeing submitted a letter dated issuance of rules and regulations. The Boeing Model 737 series airplanes. That May 3, 1995, and BFGoodrich purpose of these notices is to give interested action would have required inspection transmitted a fax memorandum dated persons an opportunity to participate in the of certain brake assemblies to determine May 17, 1995, which account for each rule making prior to the adoption of the final rules. the part number of the torque plates, misidentified torque plate.) measurement of the amount of wear Based upon the FAA’s review of the remaining on the brake wear pin data submitted by these manufacturers, NUCLEAR REGULATORY indicator, and removal of brake the FAA has determined that the COMMISSION assemblies on which misidentified previously identified unsafe condition torque plates were installed and no longer exists. Accordingly, the 10 CFR Parts 50, 52, and 100 replacement with serviceable brakes. proposed rule is hereby withdrawn. Since the issuance of the NPRM, the Withdrawal of this notice of proposed Nuclear Energy Institute Federal Aviation Administration (FAA) rulemaking constitutes only such action, has received new data indicating that all and does not preclude the agency from AGENCY: Nuclear Regulatory issuing another notice in the future, nor Commission. misidentified torque plates have been removed from airplanes and spare part does it commit the agency to any course ACTION: Notice of Meeting: Cancellation. inventories. Accordingly, the proposed of action in the future. SUMMARY: The Nuclear Regulatory rule is withdrawn. Since this action only withdraws a Commission is cancelling the meeting FOR FURTHER INFORMATION CONTACT: notice of proposed rulemaking, it is scheduled for September 13, 1995 with David M. Herron, Aerospace Engineer, neither a proposed nor a final rule and the Nuclear Energy Institute and other Systems and Equipment Branch, ANM– therefore, is not covered under industry representatives. This document 130S, FAA, Transport Airplane Executive Order 12866, the Regulatory cancels the meeting notice appearing in Directorate, Seattle Aircraft Certification Flexibility Act, or DOT Regulatory the Federal Register on August 23, 1995 Office, 1601 Lind Avenue, SW., Renton, Policies and Procedures (44 FR 11034, (60 FR 43726). The meeting will be Washington; 98055–4056; telephone February 26, 1979). rescheduled at a future date. (206) 227–2672; fax (206) 227–1181. List of Subjects in 14 CFR Part 39 SUPPLEMENTARY INFORMATION: A DATES: To be determined. Air transportation, Aircraft, Aviation proposal to amend part 39 of the Federal FOR FURTHER INFORMATION CONTACT: Mr. safety, Safety. Leonard Soffer, Accident Evaluation Aviation Regulations (14 CFR part 39) to Branch, Office of Nuclear Regulatory add a new airworthiness directive (AD), The Withdrawal Research, Nuclear Regulatory applicable to certain Boeing Model 737 Accordingly, the notice of proposed Commission, Washington, DC 20555. series airplanes, was published in the rulemaking, Docket 95–NM–40–AD, Telephone: (301) 415–6574. Federal Register as a Notice of Proposed published in the Federal Register on Rulemaking (NPRM) on April 17, 1995 Dated at Rockville, Maryland, this 8th day April 17, 1995 (60 FR 19181), is of September, 1995. (60 FR 19181). The proposed rule would withdrawn. have required a one-time inspection of For the Nuclear Regulatory Commission. certain brake assemblies to determine Issued in Renton, Washington, on September 6, 1995. Leonard Soffer, the part number of the torque plates, Accident Evaluation Branch, Office of measurement of the amount of wear Darrell M. Pederson, Nuclear Regulatory Research. remaining on the brake wear pin Acting Manager, Transport Airplane [FR Doc. 95–22702 Filed 9–11–95; 8:45 am] indicator, and removal of brake Directorate, Aircraft Certification Service. BILLING CODE 7590±01±P assemblies on which misidentified [FR Doc. 95–22592 Filed 9–11–95; 8:45 am] torque plates were installed and BILLING CODE 4910±13±U replacement with serviceable brakes. DEPARTMENT OF TRANSPORTATION That action was prompted by a report indicating that certain torque plates DEPARTMENT OF THE INTERIOR Federal Aviation Administration were misidentified and installed on Office of Surface Mining Reclamation 14 CFR Part 39 certain brake assemblies. The proposed actions were intended to prevent and Enforcement [Docket No. 95±NM±40±AD] decreased brake performance during a 30 CFR Part 916 rejected takeoff or landing when these Airworthiness Directives; Boeing brakes are at or near their indicated [SPATS No. KS±016±FOR] Model 737 Series Airplanes Equipped wear limit. With BFGoodrich Main Landing Gear Since the issuance of that NPRM, Kansas Regulatory Program Brake Assemblies Boeing and BFGoodrich have initiated AGENCY: Office of Surface Mining AGENCY: Federal Aviation an aggressive inspection program to Reclamation and Enforcement (OSM), Administration, DOT. ensure that the misidentified torque Interior. plates are removed from airplanes and ACTION: Proposed rule; withdrawal. ACTION: Proposed rule; public comment spare part inventories. These period and opportunity for public SUMMARY: This action withdraws a manufacturers have provided hearing. notice of proposed rulemaking (NPRM) substantiating data to the FAA to Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules 47315 SUMMARY: OSM is announcing receipt of program amendments can be found at Calculation of Stem Density a proposed amendment to the Kansas 30 CFR 916.12, 916.15, and 916.16. The total stem density per acre is regulatory program (hereinafter the calculated as follows: D=S divided by N II. Discussion of the Proposed ‘‘Kansas program’’) under the Surface times 50. Amendment Mining Control and Reclamation Act of D=Total Stem Density per Acre. 1977 (SMCRA). The proposed By letter dated August 9, 1995 S=Total Number of Stems Counted. amendment consists of modifications to (Administrative Record No. KS–600), N=Total Number of Sample Points. the Kansas revegetation guidelines Kansas submitted a proposed III. Public Comment Procedures pertaining to requirements for amendment to its program pursuant to determining the productivity success of SMCRA. Kansas submitted the proposed In accordance with the provisions of trees and shrubs. The amendment is amendment at its own initiative. Kansas 30 CFR 732.17(h), OSM is seeking intended to improve operational proposes to modify its requirements for comments on whether the proposed efficiency. determining the productivity success of amendment satisfies the applicable program approval criteria of 30 CFR DATES: trees and shrubs by amending its Written comments must be 732.15. If the amendment is deemed received by 4:00 p.m., c.d.t., October 12, approved revegetation guidelines entitled ‘‘Revegetation Standards for adequate, it will become part of the 1995. If requested, a public hearing on Kansas program. the proposed amendment will be held Success and Statistically Valid on October 10, 1995. Requests to speak Sampling Techniques for Measuring Written Comments at the hearing must be received by 4:00 Revegetation Success’’ to include an Written comments should be specific, p.m., c.d.t., on September 27, 1995. alternative sampling method for pertain only to the issues proposed in ADDRESSES: Written comments and determining woody stem density. this rulemaking, and include requests to speak at the hearing should Specifically, Kansas proposed the explanations in support of the be mailed or hand delivered to Mr. following alternative sampling method commenter’s recommendations. Robert L. Markey, Acting Director, for woody stems. Comments received after the time Kansas City Field Office, at the first Woody Stem Density indicated under DATES or at locations address listed below. The Permittee shall use success standards other than the Kansas City Field Office Copies of the Kansas program, the developed in joint cooperation between the will not necessarily be considered in the proposed amendment, a listing of any Kansas Department of Wildlife and Parks final rulemaking or included in the scheduled public hearings, and all (KDWP), USDA-Soil Conservation Service Administrative Record. written comments received in response (USDA–SCS), Kansas State University— to this document will be available for Forestry Extension (KSU), the Operator and Public Hearing public review at the addresses listed the SMS. The productivity success is Persons wishing to speak at the public below during normal business hours, determined by the success of the trees and hearing should contact the person listed Monday through Friday, excluding shrubs. The Permittee will be required to under FOR FURTHER INFORMATION utilize one of two sampling techniques, 100 holidays. Each requester may receive CONTACT by 4:00 p.m., c.d.t., on percent count or 1/50 acre sampling circles. one free copy of the proposed All data must be collected in a statistically September 27, 1995. The location and amendment by contacting OSM’s valid manner. Where the stocking density for time of the hearing will be arranged Kansas City Field Office. the permit has been set at less than 300 stems with those persons requesting the Robert L. Markey, Acting Director, per acre and less than 10 acres, a 100% stem hearing. If no one requests an Kansas City Field Office, Office of count is required. Where the stocking density opportunity to speak at the public Surface Mining Reclamation and exceeds 300 stems per acre on 10 acres or hearing, the hearing will not be held. Enforcement, 934 Wyandotte Street, more, a 1/50 acre sampling circle may be Filing of a written statement at the used as described below. Room 500, Kansas City, Missouri, time of the hearing is requested as it 64105, Telephone: (816) 374–6405. Stem Density Sampling Techniques will greatly assist the transcriber. Kansas Department of Health and The sampling circle will be a round area Submission of written statements in Environment, Bureau of one-fiftieth (1/50) of an acre in size (16.7 feet advance of the hearing will allow OSM Environmental Remediation, Surface in radius). The Permittee will establish a officials to prepare adequate responses Mining Section, 1501 South Joplin, sampling circle at each of the randomly and appropriate questions. P.O. Box 1418, Pittsburg, Kansas selected sampling points, such that the center The public hearing will continue on 66762, Telephone (316) 231–8615. of the sampling circle is the random point. the specified date until all persons The stem density data is collected as scheduled to speak have been heard. FOR FURTHER INFORMATION CONTACT: follows: Persons in the audience who have not Mr. Robert L. Markey, Acting Director, (1) The sampling circle may be drawn by been scheduled to speak, and who wish Kansas City Field Office, Telephone: attaching a 16.7 foot string to a stake fixed to do so, will be heard following those (816) 374–6405. at the random point and then sweeping the end of the string (tightly stretched) in a circle who have been scheduled. The hearing SUPPLEMENTARY INFORMATION: around the stake; will end after all persons scheduled to I. Background on the Kansas Program (2) All living trees and shrubs within each speak and persons present in the of the sampling circles are counted and audience who wish to speak have been On January 21, 1981, the Secretary of recorded by species. Shrubs or trees rooted heard. the Interior conditionally approved the within the sampling circle are counted; those Any disabled individual who has Kansas program. Background rooted outside of the sampling circle are not need for a special accommodation to information on the Kansas program, included in the sample. To count as living, attend a public hearing should contact including the Secretary’s findings, the the tree or shrub must be alive, healthy, and been in place for at least two years; and the individual listed under FOR FURTHER disposition of comments, and the (3) Continue sampling randomly selected INFORMATION CONTACT. conditions of approval can be found in points until sample adequacy is met. Public Meeting the January 21, 1981 Federal Register Individual sampling circle values (46 FR 5892). Subsequent actions summarized by species are used for statistical If only one person requests an concerning the Kansas program and analysis. opportunity to speak at a hearing, a 47316 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules public meeting, rather than a public Regulatory Flexibility Act ADDRESSES: Written comments and hearing, may be held. Persons wishing The Department of the Interior has requests to speak at the hearing should to meet with OSM representatives to determined that this rule will not have be mailed or hand delivered to Mr. Tim discuss the proposed amendment may a significant economic impact on a L. Dieringer, Acting Director, Tulsa request a meeting by contacting the substantial number of small entities Field Office, at the address listed below. person listed under FOR FURTHER under the Regulatory Flexibility Act (5 Copies of the Texas program, the INFORMATION CONTACT. All such meetings U.S.C. 601 et seq.). The State submittal proposed amendment, a listing of any will be open to the public and, if which is the subject of this rule is based scheduled public hearings, and all possible, notices of meetings will be upon counterpart Federal regulations for written comments received in response posted at the locations listed under which an economic analysis was to this document will be available for ADDRESSES. A written summary of each prepared and certification made that public review at the addresses listed meeting will be made a part of the such regulations would not have a below during normal business hours, Administrative Record. significant economic effect upon a Monday through Friday, excluding holidays. Each requester may receive IV. Procedural Determinations substantial number of small entities. Accordingly, this rule will ensure that one free copy of the proposed Executive Order 12866 existing requirements previously amendment by contacting OSM’s Tulsa promulgated by OSM will be Field Office. This rule is exempted from review by implemented by the State. In making the Tim L. Dieringer, Acting Director, the Office of Management and Budget determination as to whether this rule Tulsa Field Office, Office of Surface (OMB) under Executive Order 12866 would have a significant economic Mining Reclamation and Enforcement, (Regulatory Planning and Review). impact, the Department relied upon the 5100 East Skelly Drive, Suite 470, Tulsa, Oklahoma, 74135–6547, Telephone: Executive Order 12778 data and assumptions for the counterpart Federal regulations. (918) 581–6430. The Department of the Interior has Surface Mining and Reclamation List of Subjects in 30 CFR Part 916 conducted the reviews required by Division, Railroad Commission of section 2 of Executive Order 12778 Intergovernmental relations, Surface Texas, 1701 North Congress Avenue, P.O. Box 12967, Austin, Texas, 78711– (Civil Justice Reform) and has mining, Underground mining. 2967, Telephone: (512) 463–6900. determined that, to the extent allowed Dated: August 24, 1995. FOR FURTHER INFORMATION CONTACT: by law, this rule meets the applicable Russell Frum, standards of subsections (a) and (b) of Mr. Tim L. Dieringer, Acting Director, Acting Regional Director, Mid-Continent Tulsa Field Office, Telephone: (918) that section. However, these standards Regional Coordinating Center. 581–6430. are not applicable to the actual language [FR Doc. 95–22516 Filed 9–11–95; 8:45 am] of State regulatory programs and BILLING CODE 4310±05±M SUPPLEMENTARY INFORMATION: program amendments since each such I. Background on the Texas Program program is drafted and promulgated by a specific State, not by OSM. Under 30 CFR Part 943 On February 16, 1980, the Secretary of sections 503 and 505 of SMCRA (30 the Interior conditionally approved the [SPATS No. TX±024±FOR] U.S.C. 1253 and 1255) and 30 CFR Texas program. General background 730.11, 732.15, and 732.17(h)(10), Texas Regulatory Program information on the Texas program, decisions on proposed State regulatory including the Secretary’s findings, the programs and program amendments AGENCY: Office of Surface Mining disposition of comments, and the submitted by the States must be based Reclamation and Enforcement (OSM), conditions of approval can be found in solely on a determination of whether the Interior. the February 27, 1980, Federal Register submittal is consistent with SMCRA and ACTION: Proposed rule; public comment (45 FR 12998). Subsequent actions its implementing Federal regulations period and opportunity for public concerning the Texas program can be and whether the other requirements of hearing. found at 30 CFR 943.10, 943.15, and 30 CFR Parts 730, 731, and 732 have 943.16. SUMMARY: OSM is announcing receipt of been met. a proposed amendment to the Texas II. Description of the Proposed National Environmental Policy Act regulatory program (hereinafter the Amendment ‘‘Texas program’’) under the Surface By letter dated August 11, 1995, No environmental impact statement is Mining Control and Reclamation Act of (Administrative Record No. TX–593), required for this rule since section 1977 (SMCRA). The proposed Texas submitted a proposed amendment 702(d) of SMCRA (30 U.S.C. 1292(d)) amendment consists of revisions to the to its program pursuant to SMCRA. provides that agency decisions on Texas Coal Mining Regulations (TCMR) Texas submitted the proposed proposed State regulatory program pertaining to self-bonding. The amendment at its own initiative. Texas provisions do not constitute major amendment is intended to revise the proposes to amend the Texas Coal Federal actions within the meaning of Texas program to be consistent with the Mining Regulations at subsection section 102(2)(C) of the National corresponding Federal regulations, 806.309(j)(2)(C)(iv) concerning the Environmental Policy Act (42 U.S.C. provide additional safeguards, and criteria for acceptance of self-bonds to 4332(2)(C)). improve operational efficiency. ensure reclamation performance. Paperwork Reduction Act DATES: Written comments must be Texas proposes to include an received by 4:00 p.m., c.d.t., October 12, indicator ratio of total liability to net This rule does not contain 1995. If requested, a public hearing on worth of 2.5 or less as an alternative to information collection requirements that the proposed amendment will be held its existing self-bonding requirement for require approval by OMB under the on October 10, 1995. Requests to speak a ratio of total liabilities to net worth Paperwork Reduction Act (44 U.S.C. at the hearing must be received by 4:00 that is equal to or less than the industry 3507 et seq.). p.m., c.d.t., on September 27, 1995. median reported by the Dun and Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules 47317 Bradstreet Corporation for the Persons in the audience who have not provides that agency decisions on applicant’s primary standard industry been scheduled to speak, and who wish proposed State regulatory program classification code. to do so, will be heard following those provisions do not constitute major Texas also proposes to add new who have been scheduled. The hearing Federal actions within the meaning of criteria which applicants can meet to will end after all persons scheduled to section 102(2)(C) of the National qualify for self-bonding as an alternative speak and persons present in the Environmental Policy Act (42 U.S.C. to Texas’ existing criteria. This audience who wish to speak have been 4332(2)(C)). alternative method of self-bonding heard. includes a specific requirement for net Any disabled individual who has Paperwork Reduction Act worth of at least $100 million, a need for a special accommodation to This rule does not contain requirement for fixed assets in the attend a public hearing should contact information collection requirements that United States totaling at least $200 the individual listed under FOR FURTHER require approval by OMB under the million, a requirement for issued and INFORMATION CONTACT. Paperwork Reduction Act (44 U.S.C. outstanding securities pursuant to the Public Meeting 3507 et seq.). Securities Act of 1933 subject to the Regulatory Flexibility Act periodic financial reporting If only one person requests an requirements of the Securities and opportunity to speak at a hearing, a The Department of the Interior has Exchange Act of 1934, and a public meeting, rather than a public determined that this rule will not have requirement that the total amount of the hearing, may be held. Persons wishing a significant economic impact on a applicant’s outstanding and proposed to meet with OSM representatives to substantial number of small entities self-bonds for surface coal mining and discuss the proposed amendment may under the Regulatory Flexibility Act (5 reclamation operations shall not exceed request a meeting by contacting the U.S.C. 601 et seq.). The State submittal person listed under FOR FURTHER 162⁄3 percent of the applicant’s net which is the subject of this rule is based worth in the United States. INFORMATION CONTACT. All such meetings upon counterpart Federal regulations for will be open to the public and, if which an economic analysis was III. Public Comment Procedures possible, notices of meetings will be prepared and certification made that In accordance with the provisions of posted at the locations listed under such regulations would not have a 30 CFR 732.17(h), OSM is seeking ADDRESSES. A written summary of each significant economic effect upon a comments on whether the proposed meeting will be made a part of the substantial number of small entities. amendment satisfies the applicable Administrative Record. Accordingly, this rule will ensure that program approval criteria of 30 CFR IV. Procedural Determinations existing requirements previously 732.15. If the amendment is deemed promulgated by OSM will be adequate, it will become part of the Executive Order 12866 implemented by the State. In making the Texas program. This rule is exempted from review by determination as to whether this rule the Office of Management and Budget Written Comments would have a significant economic (OMB) under Executive Order 12866 impact, the Department relied upon the Written comments should be specific, (Regulatory Planning and Review). data and assumptions for the pertain only to the issues proposed in counterpart Federal regulations. this rulemaking, and include Executive Order 12778 explanations in support of the The Department of the Interior has List of Subjects in 30 CFR Part 943 commenter’s recommendations. conducted the reviews required by Intergovernmental relations, Surfacing Comments received after the time section 2 of Executive Order 12778 mining, Underground mining. indicated under DATES or at locations (Civil Justice Reform) and has Dated: August 24, 1995. other than the Tulsa Field Office will determined that, to the extent allowed not necessarily be considered in the by law, this rule meets the applicable Russell Frum, final rulemaking or included in the standards of subsections (a) and (b) of Acting Regional Director, Mid-Continent Administrative Record. that section. However, these standards Regional Coordinating Center. are not applicable to the actual language [FR Doc. 95–22517 Filed 9–11–95; 8:45 am] Public Hearing of State regulatory programs and BILLING CODE 4310±05±M Persons wishing to speak at the public program amendments since each such hearing should contact the person listed program is drafted and promulgated by under FOR FURTHER INFORMATION a specific State, not by OSM. Under DEPARTMENT OF TRANSPORTATION CONTACT by 4:00 p.m., c.d.t., on sections 503 and 505 of SMCRA (30 September 27, 1995. The location and U.S.C. 1253 and 1255) and 30 CFR Coast Guard time of the hearing will be arranged 730.11, 732.15, and 732.17(h)(10), 33 CFR Part 117 with those persons requesting the decisions on proposed State regulatory hearing. Of no one requests an programs and program amendments [CGD11±95±003] opportunity to speak at the public submitted by the States must be based RIN 2115±AE47 hearing, the hearing will not be held. solely on a determination of whether the Filing of a written statement at the submittal is consistent with SMCRA and Drawbridge Operation Regulations; time of the hearing is requested as it its implementing Federal regulations Oakland Inner Harbor Tidal Canal, CA will greatly assist the transcriber. and whether the other requirements of Submission of written statements in 30 CFR Parts 730, 731, and 732 have AGENCY: Coast Guard, DOT. advance of the hearing will allow OSM been met. ACTION: Notice of reopening of comment officials to prepare adequate responses period; notice of public hearing. and appropriate questions. National Environmental Policy The public hearing will continue on No environmental impact statement is SUMMARY: In response to several the specified date until all persons required for this rule since section requests for a public hearing, the Coast scheduled to speak have been heard. 702(d) of SMCRA (30 U.S.C. 1292(d)) Guard is reopening the comment period 47318 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules and announcing a public hearing to be comment period and to hold a public ENVIRONMENTAL PROTECTION held October 5, 1995, on the proposed hearing in order to provide all interested AGENCY change to the drawbridge operating parties with additional opportunity to regulations for four drawbridges over present relevant comments. 40 CFR Part 52 the Oakland Inner Harbor Tidal Canal The hearing will be informal. [CA 153±1±7165b; FRL±5278±8] (Oakland Estuary). Representatives of the Coast Guard will DATES: Approval and Promulgation of State The public hearing will be held preside, make brief opening statements on October 5, 1995, commencing at 7 Implementation Plans; California State and announce the procedures to be p.m. Written comments must be Implementation Plan Revision; El followed at the hearing. Each person received not later than October 31, 1995. Dorado County Air Pollution District who wishes to make an oral statement ADDRESSES: The hearing will be held at should contact Mr. Jerry Olmes at (510) AGENCY: Environmental Protection the Gresham Conference Center, 437–3514 before the hearing date. Such Agency (EPA). Building 4, Coast Guard Island, ACTION: Proposed rule. Alameda, CA. Written comments should notification should include the approximate time needed to make the be mailed to Commander (oan-br), SUMMARY: EPA is proposing to approve presentation. Comments previously Eleventh Coast Guard District, Building revisions to the California State 10, Room 214, Coast Guard Island, submitted on this rulemaking are a Implementation Plan (SIP) which Alameda, CA 94501–5100, or may be matter of record and need not be concern the control of volatile organic delivered to Room 214 at the same resubmitted at the hearing. Speakers are compound (VOC) emissions from address between 7:30 a.m. and 3:30 encouraged to provide written copies of lumber processing and timber p.m., Monday through Friday, except their oral statement to the hearing manufacturing. Federal holidays. officers at the hearing. The intended effect of proposing FOR FURTHER INFORMATION CONTACT: Interested persons who are unable to approval of this rule is to regulate Jerry Olmes, Bridge Administrator, attend the hearing may also participate emissions of VOCs in accordance with Eleventh Coast Guard District; in the consideration of the proposed the requirements of the Clean Air Act, telephone (510) 437–3514. amendment by submitting their written as amended in 1990 (CAA or the Act). In the Final Rules Section of this SUPPLEMENTARY INFORMATION: comments to the Commander (oan-br), Federal Register, the EPA is approving Eleventh Coast Guard District at the Regulatory Background the state’s SIP revision as a direct final address under ADDRESSES. On May 9, 1995 (60 FR 24599), the rule without prior proposal because the Coast Guard published a Notice of All written comments must be Agency views this as a noncontroversial Proposed Rulemaking (NPRM), (CGD11– received no later than October 31, 1995. revision amendment and anticipates no 95–003), which proposed amending the Each written comment should identify adverse comments. A detailed rationale regulation for the draws of the Alameda the proposed amendment and clearly for this approval is set forth in the direct County vehicular bridges crossing the state the reason for any objections, final rule. If no adverse comments are Oakland Inner Harbor Tidal Canal at the comments or proposed changes, and received in response to this proposed following locations: Park Street, mile include the name and address of the rule, no further activity is contemplated 7.3; Fruitvale Avenue, mile 7.7; High person or organization submitting the in relation to this rule. If EPA receives Street, mile 8.1; and the U.S. Army comment. Copies of all written adverse comments, the direct final rule Corps of Engineers railroad bridge, mile communications will be available for will be withdrawn and all public 7.7 at Fruitvale Avenue. Under the review by interested persons after the comments received will be addressed in existing regulation, the draws are hearing at the office of the Commander a subsequent final rule based on this proposed rule. The EPA will not attended 24 hours per day, and open (oan-br), Eleventh Coast Guard District, institute a second comment period on upon signal except during designated between 7:30 a.m. and 3:30 p.m., morning and afternoon commute this document. Any parties interested in Monday through Friday, except commenting on this action should do so periods. The proposed amendment holidays. All comments received, at this time. requires attended service 16 hours per whether in writing or presented orally at DATES: Comments on this proposed rule day with a four hour advance notice the public hearing, will be fully requirement for bridge openings during must be received in writing by October considered before final agency action is 12, 1995. nighttime hours when an operator is not taken on the proposed amendment. The in constant attendance. The proposed ADDRESSES: Written comments on this proposed amendment may be changed action should be addressed to: Daniel A. amendment preserves the existing in light of comments received. commute hour closures. This proposed Meer, Rulemaking Section (A–5–3), Air amendment will allow the bridge owner The hearing will be recorded and a and Toxics Division, U.S. to reduce operating expenses and written summary will be available for Environmental Protection Agency, should still provide for the reasonable public review after October 16, 1995. Region 9, 75 Hawthorne Street, San needs of navigation. In addition, the All comments will be made a part of the Francisco, CA 94105–3901. identifying waterway mileage rulemaking docket. Copies of the rule and EPA’s evaluation report for the rule are designating the location of, and the call Dated: August 30, 1995. sign for, each bridge would be revised available for public inspection at EPA’s D.D. Polk, to conform with the currently utilized Region 9 office during normal business standard of measurement. Captain, U.S. Coast Guard, Commander, hours. Copies of the submitted rule are Eleventh Coast Guard District, Acting. also available for inspection at the Discussion of Proposed Action [FR Doc. 95–22527 Filed 9–11–95; 8:45 am] following locations: The Coast Guard received 18 letters in BILLING CODE 4910±14±M California Air Resources Board, response to the NPRM, six of which Stationary Source Division, Rule requested a public hearing. The Coast Evaluation Section, 2020 ‘‘L’’ Street, Guard has decided to reopen the Sacramento, CA 95814. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules 47319 El Dorado County Air Pollution Control DATES: Comments on this proposed rule direct final rule without prior proposal District, 330 Fair Lane, Placerville, CA must be received in writing by October because the Agency views this as a 95667. 12, 1995. noncontroversial revision amendment FOR FURTHER INFORMATION CONTACT: ADDRESSES: Written comments should and anticipates no adverse comments. A Duane F. James, Rulemaking Section be addressed to Montel Livingston, detailed rationale for the approval is set (A–5–3), Air and Toxics Division, U.S. Environmental Protection Specialist forth in the direct final rule. If no Environmental Protection Agency, (AT–082), Air Programs Section, at the adverse comments are received in Region 9, 75 Hawthorne Street, San EPA Regional Office listed below. response to that direct final rule, no Francisco, CA 94105–3901, Telephone: Copies of the documents relevant to this further activity is contemplated in (415) 744–1191. proposed rule are available for public relation to this proposed rule. If EPA SUPPLEMENTARY INFORMATION: This inspection during normal business receives adverse comments, the direct document concerns El Dorado County hours at the following locations. The final rule will be withdrawn and all Air Pollution Control District’s interested persons wanting to examine public comments received will be (EDCAPCD) Rule 234, ‘‘VOC RACT these documents should make an addressed in a subsequent final rule Rule—Sierra Pacific Industries,’’ appointment with the appropriate office based on this proposed rule. EPA will submitted to EPA on June 16, 1995, by at least 24 hours before the visiting day. not institute a second comment period the California Air Resources Board. For U.S. Environmental Protection Agency, on this proposal. Any parties interested further information, please see the Region 10, Air Programs Section, 1200 in commenting on this proposal should information provided in the Direct Final 6th Avenue, Seattle, WA 98101. do so at this time. action which is located in the Rules Alaska Department of Environmental DATES: Comments must be received on Section of this Federal Register. Conservation, 410 Willoughy, Suite or before October 12, 1995. Authority: 42 U.S.C. 7401–7671q. 105, Juneau, Alaska 99801–1795; and ADDRESSES: Comments may be mailed to Dated: August 10, 1995. the Washington State Department of Susan Studlien, Acting Director, Air, Felicia Marcus, Ecology, P.O. Box 47600, PV–11, Pesticides and Toxics Management Regional Administrator. Olympia, Washington 98504–7600. Division, U.S. Environmental Protection Agency, Region I, JFK Federal Bldg. [FR Doc. 95–22155 Filed 9–11–95; 8:45 am] FOR FURTHER INFORMATION CONTACT: (AAA), Boston, MA 02203. Copies of the BILLING CODE 6560±50±W Christi Lee, Air Programs Branch (AT– 082), EPA, 1200 6th Avenue, Seattle, State submittal and EPA’s technical WA 98101, (206) 553–1814; or George support document are available for 40 CFR Part 52 Lauderdale, Environmental Protection public inspection during normal Specialist, Air Programs Branch (AT– business hours, by appointment at the [AK±4±1±6027b, WA±7±1±5542b, WA±38±1± 082), EPA, 1200 6th Avenue, Seattle, Air, Pesticides and Toxics Management 697b; FRL±5278±1] WA 98101, (206) 553–6511. Division, U.S. Environmental Protection Agency, Region I, One Congress Street, Approval and Promulgation of State SUPPLEMENTARY INFORMATION: See the 10th floor, Boston, MA and the Bureau Implementation Plans: Alaska and information provided in the Direct Final of Air Quality Control, Department of Washington action which is located in the Rules Section of this Federal Register. Environmental Protection, 71 Hospital AGENCY: Environmental Protection Street, Augusta, ME 04333. Dated: August 8, 1995. Agency (EPA). FOR FURTHER INFORMATION CONTACT: ACTION: Proposed rule. Charles Findley, Emanuel Souza, Jr., (617) 565–3248. Acting Regional Administrator. SUPPLEMENTARY INFORMATION: SUMMARY: The EPA proposes to approve For [FR Doc. 95–22161 Filed 9–11–95; 8:45 am] additional information, see the direct the 1 year attainment date extension for BILLING CODE 6560±50±M three nonattainment areas: Mendenhall final rule which is located in the rules Valley, Alaska; Spokane, Washington; section of this Federal Register. and Wallula, Washington, for 40 CFR Part 52 Authority: 42 U.S.C. 7401–7671q. particulate matter with an aerodynamic Dated: April 24, 1995. [ME±24±1±6911b; A±1±FRL±5284±9] diameter of less than or equal to ten John P. DeVillars, micrometers (PM–10). In the Final Rules Approval and Promulgation of Air Regional Administrator, Region I. Section of this Federal Register, the Quality Implementation Plans; Maine; [FR Doc. 95–22153 Filed 9–11–95; 8:45 am] EPA is approving the States’ extensions Title V, Section 507, Small Business BILLING CODE 6560±50±P as a direct final rule without prior Stationary Source Technical and proposal because the Agency views this Environmental Compliance Assistance as a noncontroversial revision and Program 40 CFR Part 52 anticipates no adverse comments. A [NH17±01±7149b; A±1±FRL±5281±9] detailed rationale for the approval is set AGENCY: Environmental Protection forth in the direct final rule. If no Agency (EPA). Approval and Promulgation of Air adverse comments are received in ACTION: Proposed rule. Quality Implementation Plans; New response to this proposed rule, no Hampshire; Extension of the Date To SUMMARY: further activity is contemplated in EPA is proposing to approve Meet Conditions for the Inspection and relation to this rule. If the EPA receives a State Implementation Plan (SIP) Maintenance Program adverse comments, the direct final rule revision submitted by the State of Maine will be withdrawn and all public for the purpose of establishing a small AGENCY: Environmental Protection comments received will be addressed in business stationary source technical and Agency (EPA). a subsequent final rule based on this environmental compliance assistance ACTION: Proposed rule. proposed rule. The EPA will not program (PROGRAM). In the final rules institute a second comment period on section of this Federal Register, EPA is SUMMARY: EPA is proposing to approve this document. approving the State’s SIP revision as a a State Implementation Plan (SIP) 47320 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules revision submitted by the State of New 40 CFR Part 52 determining confidential information. A Hampshire. This revision establishes definition of ‘‘confidential information,’’ [30±1±6372, VA32±1±5999; FRL±5294±1] and allows for extension of the date for including the criteria used to determine the State of New Hampshire to meet the Approval and Promulgation of Air confidentiality, is added to Part I conditions delineated in the Federal Quality Implementation Plans; Virginia; (General Definitions), Section 120–01– Register of October 12, 1994 (59 FR Proposed Approval of Revised 02 (Terms Defined). 51514), from July 29, 1995, until Confidentiality Provisions; Proposed Section 120–02–30 is revised to (1) November 14, 1995. New Hampshire Approval and Disapproval of Minor emphasize that emissions data shall be must meet these conditions before the New Source Permit Provisions available to the public without motor vehicle inspection and exception; (2) provide for criteria to maintenance program can be approved. AGENCY: Environmental Protection determine whether information In the Final Rules Section of this Agency (EPA). submitted by a regulated entity may be Federal Register, EPA is approving the ACTION: Proposed rule. kept confidential; (3) substitute non- State’s SIP revision as a direct final rule confidential information for confidential without prior proposal because the SUMMARY: EPA is proposing to approve information, or challenge the request to Agency believes this is a in part and disapprove in part State keep information confidential; noncontroversial revision and Implementation Plan (SIP) revisions determine an owner who files anticipates no adverse comments. A submitted by the Commonwealth of confidential information which does not detailed rationale for the approval is set Virginia. This action proposes approval meet the established criteria to be in forth in the direct final rule. If no of changes submitted by Virginia in violation of Commonwealth law. adverse comments are received in March 1993 to the provisions governing Confidential information must meet the response to that direct final rule, no confidentiality of information. This following criteria: further activity is contemplated in action proposes disapproval of the (1) The owner has taken measures in relation to this proposed rule. If EPA public participation requirements the past to keep such information receives adverse comments, the direct associated with the permitting of minor confidential. final rule will be withdrawn and all new sources, and proposes approval of (2) The information has not been public comments received will be all other revisions to Virginia’s revised reasonably obtainable without the addressed in a subsequent final rule new source permit provisions. The owner’s consent by private citizens or based on this proposed rule. EPA will intended effect of this action is to other firms. (Exception: Information not institute a second comment period propose approval of those State obtained through judicial discovery on this proposal. Any parties interested provisions which meet the requirements based on a showing of ‘‘special need’’ in commenting on this proposal should of the Clean Air Act, and disapprove may still be kept confidential from the do so at this time. those State provisions which do not. public.) DATES: Comments must be received on (3) Information may not be readily DATES: Comments must be received on or before October 12, 1995. available from sources other than the or before October 12, 1995. ADDRESSES: Comments may be mailed to owner. (4) Disclosure of the information ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate Director, Air would cause ‘‘substantial harm’’ to the Susan Studlien, Acting Director, Air, Programs, Mailcode 3AT00, U.S. owner. Environmental Protection Agency, Pesticides and Toxics Management Virginia also submitted additional Region III, 841 Chestnut Building, Division, U.S. Environmental Protection revisions to Parts I and II (General Philadelphia, Pennsylvania 19107. Agency, Region I, JFK Federal Bldg., Provisions). EPA will act upon these Copies of the documents relevant to this Boston, MA 02203. Copies of the State revisions in a separate rulemaking action are available for public submittal and EPA’s technical support action. document are available for public inspection during normal business Virginia certified that public hearings inspection during normal business hours at the Air, Radiation, and Toxics were held on September 2, 1992 in hours, by appointment at the Air, Division, U.S. Environmental Protection Abingdon, Roanoke, Lynchburg, Pesticides and Toxics Management Agency, Region III, 841 Chestnut Fredericksburg, Richmond, Chesapeake, Division, U.S. Environmental Protection Building, Philadelphia, Pennsylvania and Springfield. Agency, Region I, One Congress Street, 19107; Virginia Department of 10th floor, Boston, MA and at the Air Environmental Quality, 629 East Main EPA Evaluation Resources Division, Department of Street, Richmond, Virginia 23219. The determination of confidentiality Environmental Services, 64 North Main FOR FURTHER INFORMATION CONTACT: provisions set forth in the definition of Street, Caller Box 2033, Concord, NH Harold A. Frankford, (215) 597–1325. ‘‘confidential information’’ and the 03302–2033. SUPPLEMENTARY INFORMATION: On March provisions of Section 120–02–30 have FOR FURTHER INFORMATION CONTACT: 18, 1993 and March 29, 1993, the been revised to conform with the Peter Hagerty, (617) 565–3224. Virginia Department of Environmental Virginia Administrative Code. EPA has Quality submitted a series of determined that these revised SUPPLEMENTARY INFORMATION: For amendments to its Regulations for the provisions meet the requirements of 40 additional information, see the direct Control and Abatement of Air Pollution CFR Section 52.116(a), which requires final rule which is located in the Rules as formal revisions to its State states to make emissions data available Section of this Federal Register. Implementation Plan (SIP). These SIP for public inspection. However, should Authority: 42 U.S.C. 7401–7671q. revision submittals are described below. Virginia submit a SIP revision request Dated: July 27, 1995. on behalf of a source and submit I. March 18, 1993 Submittal information which has been judged John P. DeVillars, Virginia submitted revised provisions confidential under the provisions of Regional Administrator, EPA-New England. in Part II (General Provisions), Section Section 120–02–30, Virginia must [FR Doc. 95–22166 Filed 9–11–95; 8:45 am] 120–02–30 (Availability of Information) request EPA to consider confidentiality BILLING CODE 6560±50±P in order to establish criteria for according to the provisions of 40 CFR Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules 47321 Part 2. EPA is obligated to keep such 08–01G. New Section 120–08–01C.4 is net emissions increase of 100 tons per information confidential only if the added to state that both the permit year of any single pollutant. In addition, criteria of 40 CFR Part 2 are met. application and the permit itself may Section 120–08–01G.4 specifies that combine all applicable provisions of applications from the following II. March 29, 1993 Submittal Sections 120–08–01, 120–08–02 and categories of sources shall be subject to Virginia submitted revised provisions 120–08–03. a 30-day public comment period and if of Part VIII, Section 120–08–01 necessary, a public hearing: (Permits—new and modified stationary Section 120–08–01D—Applications (1) major stationary sources and sources). Virginia has also revised The provisions of current SIP Section modifications with a net emissions Appendix R (Stationary Source Permit 120–08–01D.1, describing who is increase of 100 tons per year of any Exemption Levels) as part of this SIP authorized to sign the permit single pollutant, and which are not revision request. application, is expanded and relocated subject to the requirements of either in Section 120–08–01D.3. Section 120– Section 120–01–08A—Applicability Section 120–08–02 or 120–08–03; (2) 08–01D.2 states that a single application stationary sources which have the Section 120–08–01A.3 states that should identify each emissions point in potential for public interest concerning sources exempt from this section must the emissions unit. Section 120–08– air quality issues; (3) stationary sources still comply with all other applicable 01D.4 provides the text of a statement of which any provision of the permit regulations, laws, ordinances and orders which an applicant must sign certifying would exceed the height allowed by the of governmental entities having that the information is, to the best of the State’s definition of good engineering jurisdiction (including the Federal applicant’s knowledge, true, accurate practice (GEP). government). In addition, any facility and complete. Section 120–08–01D.5 which is exempt from this section, but requires an applicant to provide a notice Section 120–08–01I.—Application which exceeds the applicable emissions from the locality in which the source is Review and Analysis standard threshold of Part IV (as if it located that the site and operation of the The provisions of SIP section 120–08– were an existing source) or the standard source are consistent with all local 01L have been moved to this section. of performance threshold of Part V, shall ordinances. Section 120–08–01J (Former Section still be subject to the more restrictive of 120–08–01H)—Compliance these two provisions. SIP Section 120–08–01F—Standards for Section 120–08–01A.4 is added to Granting Permits Determination and Verification by state that increments of construction or This section is moved to Section 120– Performance Testing modification, unless specifically part of 08–01H. 1. Section 120–08–01J.3 adds an approved planned incremental language specifying that the owner of a Section 120–08–01F—Action on Permit construction/modification program, source is responsible for conducting Application (SIP Section 120–08–01G) shall be added together to determine initial source testing, as well as whether such activity is subject to the Section 120–08–01F.1 is rewritten to providing the State with written report provisions of Section 120–08–01. This state that within 30 days of the receipt stating the results of such testing. provision is currently found in Section of a permit application, the board will 2. Sections 120–08–01J.3, J.4, J.5, and V.B of SIP-approved Appendix R. notify the applicant as to the status of J.6 contain revised provisions to the application, including (1) a conform with the revised organization Section 120–08–01B—Definitions determination as to which provisions of of this subsection. Allowable emissions and potential to part VIII are applicable; (2) Section 120–08–01K—Permit emit—The revised wording makes clear identification of deficiencies; and (3) a Invalidation, Revocation and that emission limitations must be both determination as to whether the permit Enforcement (SIP Title: Revocation of State and Federally enforceable. application contains sufficient Permit) Commence—from cancelled to information to begin review. This canceled. provision further distinguishes as to 1. Sections 120–08–01K.1 and K.3 Federally enforceable—extends to what is meant by ‘‘sufficient’’ (i.e., contain revised provisions to conform federally enforceable operating permit Virginia has enough information to with the revised organization of this programs. begin review of the application), and subsection. ‘‘Modification’’—(1) ‘‘Amount’’ is what is meant by ‘‘complete’’ (i.e., 2. Sections 120–08–01K.4 through K.9 replaced with ‘‘uncontrolled emission Virginia has enough information to are added to specify conditions under rate’’; (2) the revised definition clarifies forward the application to the State Air which construction and operating that emissions associated with Pollution Control Board for final review permits would be subject to maintenance, repair and replacement and analysis, as well as final decision). enforcement action (K.4), limiting terms activities which do not fall within the The provisions in subsections 120– and conditions (K.5.), revocation (K.6), definition of ‘‘reconstruction’’ will not 08–01F.2 through F.5 are rewritten or suspension (K.7), and civil charges, be considered ‘‘modifications’’ (3) the revised to reflect that all applicable penalties and other relief contained following exclusions are removed: use public participation requirements are under the State’s regulatory and of an alternative fuel ordered under the now spelled out in Section 120–08–01G. statutory authority (K.8). Section 120– 1974 Energy Supply and Environmental 08–01K.9 provides that the State shall Section 120–08–01G—Public Coordination Act (ESECA), use of an notify applications in writing of its Participation alternative fuel ordered under section decision and reasons to change, 125 of the Clean Air Act, and the change Section 120–08–01G consolidates the suspend, revoke, or invalidate a permit. in ownership of an emissions unit. applicable public participation Reasons for revoking a permit include: requirements that are currently located (1) Knowingly making misstatements on Section 120–08–01C—General in SIP sections 120–08–01C.4. and 120– the permit application, (2) failing to The provisions of current SIP Section 08–01G.2 through G.6. This section, as comply with the terms and conditions 120–08–01.C.4 are deleted and replaced revised, applies to all major stationary of the permit, (3) failing to comply with with the provisions of new Section 120– sources or major modifications with a any emission standards applicable to an 47322 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules emissions unit included in the permit, Section 120–08–01P—Circumvention construct or modify, but not be subject (4) causing emissions which result in There are no changes other than the to the federally enforceable permitting violations of any ambient air quality new subsection designations within this requirements established for sources standard or applicable control strategy, section. subject to PSD or new source review in including the SIP-enforceable emission nonattainment areas. EPA is satisfied Note: The following provisions of Section limit in effect at the time that the that the threshold exemption levels 120–08–01 pertain to sources which are not established in Section 120–08–01 and application is submitted, and (5) failing covered by the SIP, and will not be either to comply with the applicable reviewed or evaluated as part of this SIP Appendix R would not exempt sources provisions of Section 120–08–01. revision action: which should be subject to the permitting procedures in the latter two Although not specified in the language Sections 120–08–01C.1.b, 120–08– categories. Furthermore, EPA is satisfied of Section 120–08–09K, EPA interprets 01G.4.a, 120–08–04H.1, 120–08–04.I.2. that the revised requirements in Section the violation of an ‘‘applicable control Appendix R 120–08–01 are consistent with the strategy’’ to also include the violation of criteria listed in § 51.160. Similarly, any applicable Prevention of Significant This Appendix, which replaces EPA is satisfied that exemptions Deterioration (PSD) increment. current SIP Section 2.33(g), defines and specified in specific types of emissions describes those source categories and Section 120–08–01L—Existence of (such as the exemption of vessel thresholds which are either subject to or emissions when calculating secondary Permit No Defense (SIP Section 120–08– exempted from the provisions of Section 01J); Section 120–08–01M—Compliance emissions) are consistent with the 120–08–01. The provisions of Sections current requirements of 40 CFR part 51, With Local Zoning Requirements (SIP VI and IX of Appendix R pertain to specifically the definition of ‘‘secondary Section 120–08–01K) sources which are not covered by the emissions’’ found in §§ 51.165(a)(1)(viii) SIP, and will not be either reviewed or There are no changes other than the and 51.166(b)(18). evaluated as part of this SIP revision The provisions of Section 120–08– new subsection designation within action. New exemptions from the either of these sections. 01N, concerning shutdowns, pertain provisions of Section 120–08–01 only to the procedural mechanisms for Section 120–08–01N—Reactivation and include the following sources: (1) Solid permit determinations. In order to Permanent Shutdown (New) fuel burning units with a maximum heat determine whether it is appropriate for input of between 350,000 btu/hr and shutdown credits to be used in an This section establishes provisions for 1,000,000 btu/hr; (2) new sources of attainment demonstration, Virginia has determining what constitutes a volatile organic compounds (VOC) with developed a system which keeps track permanent shutdown. Section 120–08– uncontrolled emission rates of less than of shutdowns, pursuant to Section 120– 01.N.2 provides that if a source is shut 25 tons per year; modified VOC sources 08–03. Therefore, EPA’s evaluation only down permanently, the State shall with uncontrolled emissions increases focuses on the shutdown mechanism revoke the permit by written of less than 10 tons per year; (3) new and not the application of shutdown notification to the owner, and remove sources of particulate matter (PM10) credits. The shutdown mechanisms the source from its emissions inventory. with uncontrolled emission rates of less found in Section 120–08–01N. are If such source chooses to resume than 15 tons per year; modified PM10 consistent with the criteria listed in operation, then the owner must apply sources with uncontrolled emissions § 51.160. for another permit. Section 120–08– increases of less than 10 tons per year; While the revised provisions of (4) new sources of sulfur dioxide (SO2) 01N.3 provides that where the State Section 120–08–01 represent an with uncontrolled emission rates of less improvement over the current SIP determines that a source has not than 40 tons per year; (5) new sources provisions, one revision significantly operated for a year or more, it shall of nitrogen dioxide (NO2) with relaxes a current SIP requirement. notify the owner in writing of its intent uncontrolled emission rates of less than According to the requirements of 40 to consider the shutdown as permanent. 40 tons per year; (6) addition of, CFR sections 51.160 and 51.161, an This section further provides that a relocation of, or change to a approved SIP must contain legally source owner is entitled to a formal woodworking machine within a wood enforceable procedures which provide hearing on the State’s determination. product manufacturing plant; (7) all for the opportunity for public comment Section 120–08–01N.4 provides that wood sawmills. on information submitted by owners nothing would prevent State and the Virginia has certified that public and operators of all sources covered by source from making a mutual hearings were held on July 8, 1992 for Section 120–08–01. This requirement is determination of a mutual shutdown all of the above revisions in accordance addressed by the SIP-approved prior to any decision rendered at the with 40 CFR Section 51.102. The public provisions of Section 120–08–01C.4.a. formal hearing. hearing locations were Abingdon, However, the revised provisions of Roanoke, Lynchburg, Fredericksburg, Sections 120–08–01G.1 and –01G.4.b Section 120–08–01O—Transfer of Richmond, Chesapeake, and specifically exempt major modifications Permits (New) Springfield. of less than 100 tons per year from the prescribed public participation This section establishes provisions for EPA Evaluation requirements. Therefore, the revised notifying the State when a permitted The Agency requirements for new provisions of Sections 120–08–01G.1 source undergoes transfer of ownership source permitting are found in 40 CFR and –01G.4.b would no longer meet the or change to the source’s name. This part 51, subpart I (Review of New public participation requirements of 40 section further establishes that a permit Sources and Modifications), sections CFR Section 51.161 since certain major may not be transferred from one 51.160 through 51.166 inclusive. modifications currently subject to the location to another or from one piece of Section 120–08–01 is designed to apply public participation requirements of equipment to another, unless the source to permitting procedures for ‘‘minor’’ SIP-approved Section 120–08–01 would is considered a portable facility under new sources and modifications, i.e., now be exempt from such requirements. Section VII of Appendix R. sources who would need a permit to Therefore, EPA proposes disapproval of Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules 47323 Virginia’s revised Sections 120–08– where the source is to be located, or in 120–08–01G.1 and –01G.4.a), as well as 01G.1 and 120–08–01G.4.b. as revisions a neighboring state. States may exempt the definition of ‘‘confidential to the Virginia SIP. certain sources and or source information.’’ EPA is also proposing The revisions to the provisions of modifications from their permitting approval of the revised exemption levels Section 120–08–01 serve to strengthen requirements if such exemptions would of Appendix R, provided that Virginia its overall enforceability. The not violate the provisions of 40 CFR supply additional documentation that definitions of ‘‘allowable emissions’’ § 51.160(a). Virginia lists its size the exemptions provided for wood and ‘‘potential to emit’’ found in Section threshold and source category manufacturing operations and wood 120–08–01B. clearly state that the exemptions in Appendix R. The revised sawmills are consistent with all applicable emissions rates and Appendix R expands the threshold and applicable Agency criteria for minor emissions limits must be federally categories of new or modified sources new source permit programs. At the enforceable. In addition, the permit which would be exempt from the same time, EPA proposes to disapprove exemption thresholds listed in permitting requirements of Section 120– the public participation requirements Appendix R are consistent with those 08–01. set forth in Sections 120–01–08G.1 and listed in 40 CFR Sections 51.165 and In its analysis supporting the revised –01G.4.a, and retain in its place the 51.166. Those new and modified exemption levels of Appendix R, current Virginia SIP-approved public sources which would be covered by the Virginia states that wood sawmills and participation provisions of Section 120– provisions of Section 120–08–01 and wood manufacturing operations now 08–01C.4.a. which have the potential to emit of 100 exempted from the permitting EPA is soliciting public comments on tons or more per year consist of sources requirements of Section 120–08–01 are the issues discussed in this notice or on which are not covered by the provisions considered ‘‘small businesses’’ whose other relevant matters. These comments for PSD (e.g., categories of sources emissions are likely to be below the will be considered before taking final where the PSD applicability threshold is revised PM10 threshold exemption action. Interested parties may 250 tons per year or more) or new levels and thus, will not significantly participate in the Federal rulemaking source review in nonattainment areas. contribute to ambient levels of PM10 procedure by submitting written Section 120–08–01D. clearly defines the standards. Virginia further states that comments to the EPA Regional office ‘‘responsible official’’ required to sign such operations which meet the listed in the ADDRESSES section of this any application form, report or applicability requirements of Sections notice. compliance certification. The revised 120–08–02 (Major Stationary Sources Nothing in this action should be definition of ‘‘modification’’ has been and Major Modifications Locating in construed as permitting or allowing or strengthened now that the ESECA PSD Areas) or 120–08–03 (Major establishing a precedent for any future exemption that had been previously part Stationary Sources and Major request for revision to any state of the SIP has now been removed. In Modifications Locating in implementation plan. Each request for addition, the enforceability has been Nonattainment Areas) must still obtain revision to the state implementation strengthened since ‘‘uncontrolled a permit from Virginia. In addition, plan shall be considered separately in emissions rate’’ is more definitive than owners of sources exempted from the light of specific technical, economic, ‘‘amount.’’ The definition of ‘‘federally permitting provisions of Section 120– and environmental factors and in enforceable’’ has been expanded to 08–01 by Appendix R will not be relation to relevant statutory and include operating permits issued under relieved from the applicability regulatory requirements. a federally approved program. requirements of Section 120–08–01A.3. Under the Regulatory Flexibility Act, Section 120–08–01K expands the as described above. 5 U.S.C. 600 et seq., EPA must prepare conditions under which the State may Except as noted below, EPA has a regulatory flexibility analysis revoke a construction permit issued determined that the revised threshold assessing the impact of any proposed or under this section. Although Section exemption levels established by Virginia final rule on small entities. 5 U.S.C. 603 120–08–01K.6.d. does not specifically and listed in Part II of Appendix R are and 604. Alternatively, EPA may certify state that Virginia will revoke a permit stringent enough that the applicable that the rule will not have a significant because of violation of any applicable national ambient air quality standards impact on a substantial number of small PSD increment, EPA can enforce such (NAAQS) and PSD increments will be entities. Small entities include small revocation under the premise that any protected, and that no applicable businesses, small not-for-profit violation of the PSD increment control strategy will be violated. EPA enterprises, and government entities constitutes a violation of the SIP control has concluded that the new and with jurisdiction over populations of strategy in effect at the time that the modified sources covered by the less than 50,000. application is submitted. requirements of 40 CFR 52.21 and 52.24 SIP approvals under section 110 and The revisions to Section 120–08–01 contribute more significantly towards subchapter I, part D of the Clean Air Act are administrative and procedural in current ambient air quality levels. do not create any new requirements but nature, and contain no emission limits. Although there currently are no PM10 simply approve requirements that the Therefore, the revised provisions in and nonattainment areas in Virginia, EPA State is already imposing. Therefore, of themselves will have no adverse requests Virginia to expand on its because the Federal SIP approval does impact on air quality. analysis that the exemptions of wood not impose any new requirements, the Section 51.160(a) of 40 CFR part 51 sawmills and wood manufacturing Administrator certifies that it does not requires states to set forth enforceable operations from the permitting have a significant impact on any small procedures making a state agency requirements of Section 120–08–01 (as entities affected. Moreover, due to the responsible to determine whether the stated in Appendix R) would meet the nature of the Federal-State relationship construction or modification of a requirements of 40 CFR 51.160(a). under the CAA, preparation of a facility, building, structure or facility flexibility analysis would constitute will result in either (1) violations of an Proposed Action Federal inquiry into the economic applicable control strategy, or (2) EPA is proposing to approve the reasonableness of state action. The interference with the attainment or revised provisions of Sections 120–02– Clean Air Act forbids EPA to base its maintenance of a standard in the state 30 and 120–08–01 (except for Sections actions concerning SIPs on such 47324 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules grounds. Union Electric Co. v. U.S. EPA, Dated: August 28, 1995. period on this action. Any parties 427 U.S. 246, 255–66 (1976); 42 U.S.C. W. Michael McCabe, interested in commenting on this action 7410(a)(2). Regional Administrator, Region III. should do so at this time. Under Section 202 of the Unfunded [FR Doc. 95–22336 Filed 9–11–95; 8:45 am] DATES: Comments on this proposed rule Mandates Reform Act of 1995 BILLING CODE 6560±50±P (‘‘Unfunded Mandates Act’’), signed must be received in writing, postmarked into law on March 22, 1995, EPA must by October 12, 1995. If no adverse prepare a budgetary impact statement to 40 CFR Parts 52 and 81 comments are received, then the direct accompany any proposed or final rule final rule will be effective on November that includes a Federal mandate that [LA±28±1±7053b; FRL±5292±7] 13, 1995. may result in estimated costs to State, Approval and Promulgation of ADDRESSES: Comments should be local, or tribal governments in the Implementation Plans and Designation mailed to Thomas H. Diggs, Chief, Air aggregate; or to the private sector, of of Areas for Air Quality Planning $100 million or more. Under section Planning Section (6PD–L), U.S. EPA Purposes; State of Louisiana; Region 6, 1445 Ross Avenue, Dallas, 205, EPA the most cost-effective and Approval of the Maintenance Plan for least burdensome alternative that Texas 75202–2733. Copies of the State’s St. James Parish; Redesignation of St. petition and other information relevant achieves the objectives of the rule and James Parish to Attainment is consistent with statutory to this action are available for requirements. Section 203 requires EPA AGENCY: Environmental Protection inspection during normal hours at the to establish a plan for informing and Agency (EPA). following locations: advising any small governments that ACTION: Proposed rulemaking. Air and Radiation Docket and may be significantly or uniquely Information Center, U.S. impacted by the rule. SUMMARY: On December 15, 1994, the EPA has determined that this State of Louisiana submitted a revised Environmental Protection Agency, proposed approval action does not maintenance plan and request to 401 M Street SW., Washington, DC include a Federal mandate that may redesignate the St. James Parish ozone 20460. result in estimated costs of $100 million nonattainment area to attainment. This U.S. Environmental Protection Agency, or more to either State, local, or tribal maintenance plan and redesignation Region 6, Air Planning Section (6PD– governments in the aggregate, or to the request was initially submitted to the L), 1445 Ross Avenue, Suite 700, private sector. This proposed Federal EPA on May 25, 1993. Although the Dallas, Texas 75202–2733. action proposes approval of pre-existing EPA deemed this initial submittal Louisiana Department of Environmental requirements under State or local law, complete on September 10, 1993, or retains currently-existing Federal certain approvability issues existed. The Quality, Office of Air Quality, 7290 requirements. This proposed action State of Louisiana addressed these Bluebonnet Boulevard, Baton Rouge, imposes no new Federal requirements. approvability issues and has again Louisiana 70810. Accordingly, no additional costs to submitted this request. Under the Clean Anyone wishing to review this State, local, or tribal governments, or to Air Act (CAA), nonattainment areas may petition at the Regional EPA office is be redesignated to attainment if the private sector, result from this asked to contact the person below to sufficient data are available to warrant action. schedule an appointment 24 hours in This action has been classified as a the redesignation and the area meets the advance. Table 3 action for signature by the other CAA redesignation requirements. Regional Administrator under the In this action, EPA is approving FOR FURTHER INFORMATION CONTACT: Mr. procedures published in the Federal Louisiana’s redesignation request Mick Cote, Air Planning Section (6PD– Register on January 19, 1989 (54 FR because it meets the maintenance plan L), EPA Region 6, telephone (214) 665– 2214–2225), as revised by a July 10, and redesignation requirements set forth 7219. 1995 memorandum from Mary R. in the CAA, and EPA is approving the Nichols, Assistant Administrator for Air 1990 base year emissions inventory. The SUPPLEMENTARY INFORMATION: See the and Radiation. The OMB has exempted approved maintenance plan will information provided in the Direct Final this regulatory action from E.O. 12866 become a federally enforceable part of Rule which is located in the Rules review. the State Implementation Plan (SIP) for Section of this Federal Register. The Administrator’s decision to Louisiana. List of Subjects in 40 CFR Parts 52 and approve or disapprove the SIP revision In the Final Rules Section of this pertaining to Virginia’s confidentiality Federal Register, the EPA is approving 81 of information and minor new source this redesignation request as a direct Environmental protection, Air permit provisions will be based on final rulemaking without prior proposal pollution control, Area designations, whether it meets the requirements of because the EPA views this action as Hydrocarbons, Incorporation by section 110(a)(2)(A)–(K) of the Clean Air noncontroversial and anticipates no reference, Intergovernmental Act, as amended, and EPA regulations adverse comments. A detailed rationale regulations, National Parks, Reporting in 40 CFR Part 51. for the approval is set forth in the direct and recordkeeping, Ozone, Volatile final rule. If no adverse comments are List of Subjects in 40 CFR Part 52 organic compounds, Wilderness areas. received in response to that direct final Environmental protection, Air rule, no further activity is contemplated Dated: August 24, 1995. pollution control, Carbon monoxide, in relation to this proposed rule. If the A. Stanley Meiburg, Hydrocarbons, Incorporation by EPA receives adverse comments, the reference, Intergovernmental relations, Acting Regional Administrator (6RA). direct final rule will be withdrawn and [FR Doc. 95–22163 Filed 9–11–95; 8:45 am] Nitrogen dioxide, Ozone, Particulate all public comments received will be matter, Reporting and recordkeeping addressed in a subsequent final rule BILLING CODE 6560±50±P requirements, Sulfur oxides. based on this proposed rule. The EPA Authority: 42 U.S.C. 7401–7671q. will not institute a second comment Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules 47325 40 CFR Part 81 Denver, Colorado 80202–2466, (303) upcoming public meetings. Nothing in 293–1765. this document is intended to have [FRL±5279±7] SUPPLEMENTARY INFORMATION: See the regulatory effect or to initiate any information provided in the direct final rulemaking process. Where the Designation of Areas for Air Quality rule of the same title which is located document discusses existing regulatory Planning Purposes; Wyoming; in the Rules Section of this Federal interpretations, such interpretations are Redesignation of Particulate Matter Register. guidance only and not themselves Attainment Areas Dated: August 10, 1995. binding on EPA, State regulatory agencies, or the public to the extent they Jack W. McGraw, AGENCY: Environmental Protection are inconsistent with the underlying Agency (EPA). Acting Regional Administrator. regulations. ACTION: Notice of proposed rulemaking. [FR Doc. 95–22151 Filed 9–11–95; 8:45 am] DATES: The public meeting on BILLING CODE 6560±50±P SUMMARY: In this document, the EPA is streamlining will be held Thursday, proposing to approve the State of September 28, 1995, from 9:00 a.m. to Wyoming’s December 19, 1994 request 40 CFR Part 136 5:30 p.m. to redesignate the Powder River Basin ADDRESSES: The public meeting on [FRL±5294±6] particulate matter attainment area to streamlining will be held at the Federal exclude the Kennecott/Puron A Public Meeting and Availability of Building in Seattle, Washington. See Prevention of Significant Deterioration Documents on Streamlining Approval Supplementary Information for further (PSD) Baseline area, pursuant to section of Analytical Methods at 40 CFR Part details. 107 of the Clean Air Act. EPA is also 136 and Flexibility in Existing Test The documents made available with proposing to designate the Kennecott/ Methods this notice can be obtained from Marion Puron PSD Baseline area as a separate Thompson, Mail Code 4303, 401 M particulate matter attainment area. In AGENCY: U.S. Environmental Protection Street, S.W., Washington, DC 20460. the final rules section elsewhere in this Agency (EPA). Phone: (202) 260–7117. Facsimile: (202) Federal Register, the EPA is acting on ACTION: Notice of meeting and 260–7185. the State’s request in a direct final rule availability of documents. FOR FURTHER INFORMATION CONTACT: without prior proposal because the SUMMARY: The Office of Science and Questions concerning this notice can be Agency views this action as directed to Marion Thompson by phone noncontroversial and anticipates no Technology within EPA’s Office of Water is conducting a public meeting on at (202) 260–7117 or by facsimile at adverse comments. A detailed rationale (202) 260–7185. for the action is set forth in the direct approaches to streamlining the proposal final rule. If no adverse comments are and promulgation of analytical methods SUPPLEMENTARY INFORMATION: received in response to this proposed at 40 CFR Part 136 under Section 304(h) Arrangements for the public meeting are rule, no further activity is contemplated of the Clean Water Act and increasing being coordinated by DynCorp EENSP. in relation to this rule. If the EPA flexibility in existing 40 CFR Part 136 For information on registration, contact receives adverse comments, then the test methods. In this public meeting, Cindy Simbanin, 300 N. Lee Street, direct final rule will be withdrawn and EPA intends to discuss (1) procedures Suite 500, Alexandria, VA 22314. all public comments received will be for streamlining the promulgation of Phone: (703) 519–1386. Facsimile: (703) addressed in a subsequent final rule new analytical methods under 40 CFR 684–0610. Space is limited and based on this proposed rule. The EPA Part 136; (2) measures to provide reservations are being taken on a first will not institute a second comment increased flexibility for use of emerging come, first served basis. No fees will be period on this document. Any parties technologies in analytical methods charged to attend. Hotel reservations interested in commenting on this already promulgated at 40 CFR Part 136; may be made by contacting the Crowne document should do so at this time. (3) establishment of standardized Plaza Hotel in Seattle at (800) 521–2762. quality control (QC) for analytical Guest rates are $83 single and $106 DATES: Comments on this proposed methods, including standardized double occupancy, including tax. action must be received in writing by procedures for development of QC Reservations must be made by 9/8/95, October 12, 1995. acceptance criteria from single and and you must specify that you are ADDRESSES: Written comments should interlaboratory data; (4) establishment of attending the EPA Workshop to qualify be addressed to Vicki Stamper, 8ART- standardized data elements for reporting for the group rate. Accommodations are AP, at the EPA Regional Office listed analytical results; (5) withdrawal of limited, so please make your below. Copies of the documents relevant outdated methods; and (6) reservations early. to this proposed rule are available for establishment of criteria by which the I. Background public inspection during normal wastewater methods promulgated at 40 business hours at the following CFR Part 136 can be harmonized with Section 304(h) of the Clean Water Act locations: Air Programs Branch, other EPA program methods and with (CWA) requires the EPA Administrator Environmental Protection Agency, industry and association methods. The to promulgate guidelines establishing Region VIII, 999 18th Street, Suite 500, purpose of this notice is to provide test procedures for data gathering and Denver, Colorado 80202–2466; and Air information regarding the public monitoring under the Act. These test Quality Division, Wyoming Department meeting agenda, to make available procedures (analytical methods) are of Environmental Quality, 122 West documents concerning the Agency’s promulgated at 40 CFR Part 136. EPA 25th Street, Hershler Building, streamlining effort, and to discuss the uses these analytical methods to support Cheyenne, Wyoming 82002. information and documents provided development of effluent guidelines FOR FURTHER INFORMATION CONTACT: with this notice. This notice is not an promulgated at 40 CFR Parts 400–499. Vicki Stamper, 8ART–AP, advanced notice of proposed These procedures we also used to Environmental Protection Agency, rulemaking, but is intended only to establish compliance with National Region VIII, 999 18th Street, suite 500, apprise persons of discussion topics at Pollutant Discharge Elimination System 47326 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules (NPDES) permits and for other B. Public Meetings Advantages of increased program purposes. EPA plans to conduct at least three flexibility are expected to be shared widely by EPA, by purveyors of new A. 40 CFR Part 136 Methods public meetings, the public meeting announced in this notice and two others technology, and by permittees, permit Until April of 1995, proposal and to be announced separately, to solicit writers, and analytical laboratories. In promulgation of analytical methods for input and recommendations concerning addition, this inherent method wastewater at 40 CFR Part 136 had been the 304(h) streamlining initiative. In flexibility, along with a well-defined the responsibility of EPA’s Office of program for developing and approving addition, EPA is soliciting support and Research and Development (ORD), new methods, will provide research expertise from each of the groups that specifically, the Environmental laboratories, instrument vendors, and have developed methods already Monitoring Systems Laboratory in equipment manufacturers with approved for use under the 304(h) Cincinnati, Ohio (EMSL–Ci). In April of incentives for developing new analytical program. These groups include the 1995, EPA restructured its research techniques. This, in turn, will provide AOAC-International (formerly the laboratories and transferred permittees and permit writers with Association of Official Analytical responsibility for proposal and greater flexibility in selecting analytical Chemists), the American Society for promulgation of analytical methods for methods that yield improved Testing and Materials (ASTM), the wastewater to the Engineering and performance in specific discharge American Public Health Association Analysis Division (EAD) within the situations. (APHA), the Water Environment Office of Water’s (OW’s) Office of Finally, a more flexible program is Federation (WEF), the U.S. Geological Science and Technology (OST). consistent with this Administration’s Survey (USGS), and the American Water Environmental Technology Initiative. One objective in implementing Works Association (AWWA). Many of transfer of the 304(h) program was to The initiative, which was announced by these groups can offer valuable insight President Clinton in February 1993, is better serve the needs of the regulated concerning problems with the current community, State and Regional intended to accelerate environmental program and recommended areas of technological innovation as a means of permitting authorities, and improvement. Also, some of these environmental laboratories, by strengthening America’s economy and groups have developed or are creating jobs while enhancing centralizing the methods overall developing standardized procedures for responsibility for effluent guidelines environmental protection. EPA believes the areas listed above. In these that the incentives provided by a more methods and associated compliance instances, EPA plans to build upon the monitoring methods into a single office. flexible program will spur the experience and efforts of those development of new technologies, and This centralization of responsibility organizations. For example, the method should allow EPA to better respond to with it new jobs. In addition, EPA validation procedures described later in anticipates that the use of new the needs of these communities by this notice are based on the expediting the current method technologies may lower the cost of standardized method validation environmental measurements, thereby modification and approval process. protocols developed by AOAC- Specific goals for streamlining the reducing costs of environmental International and ASTM and are compliance for industries and program are to: adapted as necessary to meet EPA’s (1) Decrease the time and Agency municipalities. regulatory objectives. In seeking increased program resources required to approve new flexibility, EPA has sought to develop a analytical techniques and improved C. Increased Flexibility in the 304(h) strategy that balances the advantages methods, Program described above against concerns that (2) Provide for an increase in the In developing its preliminary plans results produced with new technologies number of methods that are approved for improvement of the 304(h) program, may not be equivalent to results for use each year, EPA concluded that the success of the produced by the approved 40 CFR Part (3) Increase participation of outside program would depend on its ability to 136 methods. The core of this strategy organizations in the method reflect the latest advances in analytical is a well-defined QA/QC program that development process, and technology. This, in turn, would require can apply to all approved methods and (4) Improve overall program quality. that the program be efficient and method modifications. In order to achieve these goals, EPA flexible enough to encourage the The remainder of this notice outlines is considering development of a 304(h) development of new methods and a framework in which the key elements program framework that is based on the technology by organizations outside of listed above can be implemented to following key elements: EPA. Specifically, the program must meet EPA’s streamlining objectives. • Increased flexibility to modify provide: This framework will be discussed at the approved methods, • A well-defined QC/QA program public meetings on streamlining. • Standardized QA/QC protocols to that is stringent enough to meet Section II describes OST’s vision for be required for all new methods, compliance monitoring objectives increased flexibility within the 304(h) • Standardized procedures for associated with the program but flexible program itself and for increased generating QC acceptance criteria, enough to be applied to a wide variety flexibility within specific methods • Standardized procedures for of analytical procedures, approved under the program. Section II validating methods at minimal expense, • A well-defined system of classifying also describes the standardized QC • A standardized method format, new techniques as either new methods framework on which this program and • Standardized procedures for or as modifications to existing methods, method flexibility is based and outlines submitting methods to EPA for • A flexible framework in which requirements necessary to document approval, already approved methods can be equivalency of alternate techniques • Standardized processes for modified, and used in the program. Section III reviewing and approving methods, and • The flexibility to modify processes describes procedures that can be used to • Increased stakeholder involvement for submitting new methods based on develop acceptance criteria for the in 304(h) program implementation. lessons learned. standardized QC tests outlined in Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules 47327 Section II. Section IV describes should be continued, particularly in the determinative step. In addition, changes standardized procedures for submitting context of the adoption of the to data processing and other techniques new methods, including a standardized streamlining process contemplated by that occur after the determinative format for documenting new methods, this notice. technique rarely impact data reliability. standardized procedures for validating In contrast to continuing the ATP One objective of providing flexibility new methods, and standardized process, EPA has received numerous to modify approved methods is procedures for submitting validated comments at its technical symposia and intended to allow laboratories a means methods to EPA for approval. in other venues that the ATP process is by which to reduce the generation of cumbersome, and that the data gathering laboratory wastes without having to II. Method Flexibility required is much more extensive than is undergo elaborate comparison studies On October 26, 1984, EPA addressed necessary to demonstrate that a simple and a time-consuming approval process. the flexibility allowed in the wastewater method modification does not The front-end flexibility described in methods with the promulgation of a materially affect the results produced by this notice is based on an in-house major set of methods at 40 CFR Part 136 that method. Against this view, many laboratory comparison of QC sample Appendix A for determination of permitting agencies interpret the words results generated using the modified organic analytes (49 FR 43234). In that in an analytical method very literally method. Once the laboratory has promulgation, EPA stated that flexibility and allow no changes whatsoever. In successfully demonstrated that the would be allowed in certain parts of the many cases, narrow interpretation may modified method is comparable to the analytical methods, provided that be justified, in that the permitting approved 40 CFR Part 136 method equivalency could be demonstrated. authority may have experienced (Reference Method), the laboratory This notice describes a methods system situations in which certain would be able to implement the changes in which greater flexibility is allowed. unscrupulous dischargers or immediately. Section II.E. of this notice A. Interpretations of Flexibility laboratories have taken shortcuts that outlines procedures that may be ultimately compromised the analytical required to demonstrate method EPA has received several requests for results produced. If this compromise comparability. interpretation of the flexibility allowed results in compliance with a permit 1. Examples of Determinative by the 40 CFR Part 136 methods, and limit when use of the approved, Techniques EPA’s Office of Research and unmodified method would result in Development (ORD) and Office of noncompliance, a narrow, restrictive As described above, a method that Science and Technology (OST) have interpretation would be justified. uses a different determinative technique provided technical interpretations of EPA now intends to describe the would be either a modification of these requests. Interpretations made to conditions under which minor method another, existing, EPA-approved method date are provided in a document titled modifications would be allowed and or is a new method. The factors to be Technical Interpretation of Method would be considered within the scope considered in establishing that the Flexibility that is made available with of a method. One approach to this issue determinative technique is the same as this notice. These interpretations further is described below and will be that in an existing method are (1) the clarify the flexibility of the 40 CFR Part discussed during the public meetings physical/chemical nature of the 136 methods given in the 1984 final rule announced in this notice. There may be measurement process and (2) the (49 FR 43234). other approaches. Therefore, EPA seeks specificity of the measurement for the analyte(s) of interest. If either or both of B. Alternate Methods input from the public, particularly from the regulating and regulated these factors are different from an The current means by which communities, as to the workable set of existing method for the analyte(s) of organizations may seek approval of conditions under which method interest, the determinative step is not alternate methods is described at 40 modifications should be allowed. the same and the procedure would not CFR Sections 136.4 and 136.5. If an be considered to be a new method. alternate method is to be applied to a C. Front-End Method Modifications For example, the use of a horizontal specific discharge, section 136.4 For purposes of the public meetings, torch in an ICP is not a different requires the person submitting the EPA plans to consider changes to all but determinative technique because neither request to file a limited approval the determinative step in an analytical the physical/chemical process nor the application with the Administrator of method as being within the scope of that specificity of the measurement is the EPA Region in which the discharge method. The determinative step is the changed. Similarly, the use of a occurs. If permission is sought to use physical/chemical process by which the magnetic sector in place of a quadrupole the alternate method for nationwide use, actual measurement is made. For most in a low resolution mass spectrometer a nationwide approval application must methods, the determinative step is an (LRMS) is not a change in the be filed with the Director of EMSL–Ci. instrumental determination. Titration, determinative technique because neither In most instances, Regional colorimetry, inductively coupled the physical/chemical process nor the Administrators have deferred decisions plasma atomic emission spectroscopy specificity of measurement is changed. concerning limited approval to the (ICP/AES), high resolution gas On the other hand, the addition of a Director of EMSL–Ci. To support its chromatography combined with high mass spectrometer to the ICP results approval process, EMSL–Ci developed resolution mass spectrometry (HRGC/ would be a change in both the physical/ extensive requirements for the data HRMS), and reading a color change in chemical process and the specificity, needed to demonstrate that an alternate an immunoassay are all examples of the and use of a high resolution mass method produces results that are equal determinative step. spectrometer in place of the LRMS to or better than results produced by the All ‘‘front-end’’ devices and processes results in a change in specificity, even approved method. This alternate test employed prior to the determinative though the physical/chemical nature of procedure (ATP) process has worked step, including sampling, sample the process is not changed. well for persons willing to invest the extraction/digestion, sample cleanup, Further, and as one of EPA’s internal resources required. EPA seeks a public and sample introduction, are not reviewers has pointed out, the discussion of whether the ATP process considered to be part of the determinative technique may be the 47328 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules least variable part of the entire have the potential of changing the would be required to include organic, analytical process. Therefore, although numerical value of the results for a inorganic, highly soluble, and relatively this notice provides one approach to given sample. For example, the insoluble species of the metals of flexibility in which the determinative conventional pollutant ‘‘oil and grease’’ interest in their spike solutions when process would be fixed, EPA seeks to (40 CFR 401.16) is defined by the exact demonstrating method equivalency. discuss how this flexibility could be procedure used. In attempting to find a Another possible solution would be to quantified and controlled to allow use solvent to replace Freon-113 for the simply limit the flexibility outlined of alternate determinative techniques determination of oil and grease, EPA has above and in the document entitled without compromising the specificity of found that no solvent produces results Front-end Techniques that are a method for the analyte(s) of interest exactly equivalent to the results Candidates for Method Modification and without making the flexibility so produced by Freon-113 on the range of Under EPA’s Method Flexibility broad that the method protocol becomes environmental samples tested. Extreme Overture by omitting all techniques meaningless. care must therefore be exercised in associated with sample extraction or making changes to the analytical digestion. 2. List of Candidate Front-End techniques used in the determination of Techniques D. Standardized Quality Control these method-defined analytes. This use of the physical/chemical Even for analytes that are not method- In order to establish that a front-end nature and specificity of the defined, differing analytical techniques change will not degrade method determinative technique to describe can produce varying results. Examples performance, a reference against which fundamental method changes would of techniques that have come to EPA’s the change is made would be needed. result in the conclusion that all attention are differences produced by For the purposes of the public meetings, analytical processes that occur prior to separatory funnel and continuous the reference would be the method the determinative technique and that do liquid-liquid extractors in the extraction promulgated at 40 CFR Part 136. The not adversely affect method of phenolic compounds by EPA Method definitive test criteria against which performance could be considered within 625 and with other methods in which performance of the front-end the scope of a method. To facilitate an phenolic compounds are determined. modification would be assessed would understanding of such front-end Similarly, EPA has observed differences be the QC acceptance criteria in the techniques that could be considered produced by separatory funnel and stir- promulgated method. For those methods within the scope of existing 40 CFR Part bar extraction techniques for certain that do not contain QC acceptance 136 methods, EPA has compiled a list pulp mill wastewaters using Method criteria, these criteria would be titled Front-end Techniques that are 1653 and differences produced by batch developed using performance data in Candidates for Method Modification versus column adsorption techniques the promulgated 40 CFR Part 136 Under EPA’s Method Flexibility for certain pulp mill wastewaters using method. See the discussion in Section Overture. This list, which is based on a Method 1650. III of this notice on how EPA would review of methods promulgated at 40 One possible solution to this problem establish these criteria. CFR Part 136 and on discussions of would be to require that each modified The QC acceptance criteria would be some of these techniques at technical method be used to analyze a matrix based on the standardized quality symposia and with instrument vendors spike/matrix spike duplicate pair on control (QC) described below. This and other suppliers of analytical each dissimilar matrix. Another possible standardized QC includes QC tests that equipment, is made available with this solution is to require testing of each can be used to demonstrate that a front- notice. EPA emphasizes that this would modified method on each and every end change would not adversely affect not be a list of approved techniques, nor specific discharge to which the method performance. EPA would like to would this list be all-inclusive. The list modified method is to be applied. EPA apply this standardized QC to all is merely intended to provide examples employed this philosophy in the methods to be proposed at 40 CFR Part of the types of procedural modifications development of Method 1664 for the 136 in the future. EPA would also like that may fall within the flexibility of determination of oil and grease. Method to apply this standardized QC to all approved methods. Presently, 1664 would require demonstration of applicable methods and analytes that substitution of these techniques in a equivalency using analytical standards are already approved for use at 40 CFR method approved for use under 40 CFR spiked into reagent water and testing of Part 136. Applicability includes all Part 136 is allowed only when these the specific discharge unless the chemical analytical methods, and, with techniques are listed in the approved concentration of oil and grease in the some modification, many of the method or under the conditions discharge is not detectable. radiological methods and physical described in the document titled Finally, it has been suggested that it methods. EPA is in the process of Technical Interpretation of Method is necessary to define methods by the developing corresponding QC Flexibility that is also made available extraction/digestion procedure and the requirements for determining the with this notice. determinative step in order to ensure equivalence of toxicity testing that results produced through a procedures and may include this 3. Cautions That All Techniques May modified method are truly comparable. corresponding QC in a subsequent Not Produce Equivalent Results For example, it has been suggested that notice or proposal. EPA wishes to emphasize that not all without this stricter definition of techniques may produce results methods, total metals digestions could 1. Standardized QC in the 40 CFR Part equivalent to the techniques employed be omitted and still yield acceptable 136 Methods in the 40 CFR Part 136 methods. This is recoveries of metals from spiked The standardized QC program particularly true for ‘‘method-defined’’ samples. One possible solution to this envisioned by EPA would be based on analytes. A method-defined analyte is problem would be to modify the QC the QC program detailed in Section 8 of one in which the analytical result requirements to require spiking of each method published at 40 CFR 136, obtained depends totally on how the various forms of target analytes, as Appendix A. For the purpose of measurement is made. Therefore, appropriate to the method. For example, providing a solid foundation on which changes to specific analytical protocols laboratories testing for total metals to build the method and program Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules 47329 flexibility described in this notice, EPA approved for use at 40 CFR Part 136 and acceptance criteria for spike recovery has updated and expanded the to all new methods submitted for and for the relative percent difference standardized QC that is detailed in these approval. (RPD) in results between the MS/MSD methods to ensure reliable • Initial demonstration of laboratory pair are given in the methods. In the measurements. The expanded and capability—analysis of four reagent absence of such specifications, recovery updated standardized QC that EPA water samples spiked with the and RPD acceptance criteria can be plans to use would be as follows: analyte(s) of interest and carried developed from performance data using • Initial calibration—a minimum of through the entire analytical process. the procedures outlined in Section III of five concentrations of analytical This test is performed by the laboratory this notice. Unless otherwise stated in standards for the analyte(s) of interest, before it utilizes the method for analysis the approved method, EPA envisions one near the method detection limit of actual field samples. In the 1600 that the normal consequence of failing (MDL; 40 CFR 136, Appendix B), and series methods, this test is termed the the MS/MSD test will be to reanalyze one near the upper end of the ‘‘initial precision and recovery’’ (IPR) the sample batch with which the MS/ calibration range. The nature of the test. In other venues, it has been termed MSD are associated. Laboratories calibration function allowable is the ‘‘start-up’’ test. All four reagent seeking to exercise the front-end specified in the method or, in the water samples used in the test are flexibility described in this notice absence of such specifications, can be spiked with the same solution, but the would be required to analyze an MS/ developed from performance data using concentration of target analytes in the MSD pair on each new matrix. If results the procedures outlined in Section III of spike solution may vary between one of these MS/MSD analyses fail to meet this notice. Examples of the calibration and five times the lowest concentration the acceptance criteria, the laboratory function include: linear through the used to establish the initial calibration would be required to conduct more origin, linear not through the origin, or curve. Laboratory performance is extensive studies of the modified quadratic through or not through the assessed in terms of the average percent method on that matrix. origin. Calibration functions higher than recovery and the standard deviation of • Ongoing demonstration of second order (quadratic) would not be recovery. QC acceptance criteria for laboratory capability—analysis of a allowed. Limits on the calibration each analyte and consequences of single reagent water sample spiked with function are also specified in the failing the IPR test are given in the 40 the analyte(s) of interest. This sample is method or, in the absence of such CFR 136, Appendix A methods. For carried through the entire analytical specifications, can be developed from other methods, the procedures outlined process to demonstrate that the performance data. For example, if in Section III of this notice can be used laboratory is in control and to allow linearity through the origin is used, to develop QC acceptance criteria. separation of laboratory performance some limit on the linear fit should be Under the standardized QC program from method performance on the stated. In the Appendix A methods, this envisioned by EPA, corrective action sample matrix. In the 40 CFR 136, limit is specified as the percent relative required for failing to meet these criteria Appendix A methods, this sample is standard deviation of the response would be to correct the problem and referred to as a ‘‘quality control check factor or calibration factor. Laboratories repeat the test prior to the analysis of sample.’’ In other venues, this analysis seeking to exercise the front-end method field samples. Laboratories seeking to has been termed the ‘‘ongoing precision flexibility described in this notice exercise the front-end flexibility and recovery’’ (OPR) analysis, the would be required to meet all initial described in this notice would be ‘‘laboratory control sample’’ (LCS), and calibration acceptance criteria when required to produce acceptable IPR test the ‘‘laboratory-fortified blank’’ (LFB). using the modified technique. results using the modified method QC acceptance criteria for each analyte • Calibration verification—periodic technique. in this sample are given the approved verification that instrument • Analysis of blanks—either method, or in the absence of such performance has not changed periodically or with each sample batch. criteria, can be developed from significantly. This verification is based The period or batch size is defined in performance data using the procedures on time (e.g., a working day or 12-hour each method. QC acceptance criteria are described in Section III of this shift) or on the number of samples given in each method or can be document. Unless otherwise stated in analyzed (e.g., after every 10th sample). developed for the concentration or the approved method, EPA envisions QC acceptance criteria are given in the amount of analyte allowed in the blank. that the consequence of failing the OPR approved method or can be developed Under the standardized QC program test will be to reanalyze the sample for each analyte using the procedures envisioned by EPA, the consequence of batch with which the OPR is associated. outlined in Section III of this notice. failing to meet the acceptance criteria • Method detection limit (MDL)— Laboratories seeking to exercise the will be to identify and eliminate the nearly all of the 40 CFR 136, Appendix front-end method flexibility described source of contamination and reanalyze A methods contain MDLs, although few in this notice would be required to meet the sample batch with which the blank of the methods explicitly require these QC acceptance criteria when using is associated. Laboratories seeking to laboratories to demonstrate their ability alternate front-end techniques. Most exercise the front-end method flexibility to achieve these MDLs. Methods methods approved under this program outlined in this notice must be capable recently published by OST and by ORD, specify corrective action that the analyst of producing acceptable blanks when however, have required laboratories to is to take when calibration is not using the alternate techniques. demonstrate their ability to achieve verified, e.g., that all samples analyzed • Analysis of a matrix spike (MS) and specified MDL objectives. Under the since the last verified calibration must matrix spike duplicate (MSD)—the standardized QC program envisioned by be reanalyzed, or that the surrogate and analytes of interest are spiked into splits EPA, MDLs would be used as an matrix spike recoveries should be used of an actual field sample, and the indicator of method performance. to determine if results for a given recovery of the analytes is used to assess MDLs, or the embodiment of some other sample are valid. Under the method performance on that sample detection limit concept, should be standardized QC program envisioned by matrix. (For isotope dilution analyses, developed for each analyte in each EPA, this required action to would be the MS/MSD analyses are not required method, and each laboratory that extended to all methods already because every sample is spiked.) QC intends to practice a method should be 47330 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules required to demonstrate that the MDL(s) of Water and Wastewater and (EMMC PBMS Guidance), made or equivalent detection limit concept promulgated at 40 CFR Part 136. available with this notice. can be achieved prior to practice of the Similarly, EPA has begun working more Minimum data elements that EPA method. As envisioned by EPA in the closely the U.S. Geological Survey believes must be retained on file (and system contemplated by this notice, this (USGS) toward standardization of QC made available on request) to requirement would apply to the analytes for USGS methods promulgated at 40 demonstrate equivalency are as follows. of interest only. CFR Part 136. 1. The organization and method • Analysis of a reference sample from EPA plans to continue efforts with number for the modified 40 CFR Part a source external to the laboratory—the these organizations to advance the 136 method (Reference Method) used most common reference sample is a universal adoption of standardized QC for the measurement. Standard Reference Material from the that would facilitate rapid proposal of 2. A detailed narrative discussing the National Institute of Standards and methods produced by these modification(s) to the Reference Technology (NIST). The reference organizations at 40 CFR Part 136. Method. This narrative should provide sample and the period for its use are Further, if the methods developed by (1) a detailed description of the changes specified in each method. EPA is these organizations meet or exceed the made to the Reference Method, (2) the considering setting acceptance criteria needs of the Agency, EPA would rely on reasons for the change, (3) the for standard reference materials to be these organizations as primary method supporting logic behind the technical within some percentage of the true developers and could focus its own approach to the change, and (4) the value based on the variability of efforts on specialized methods or on result of the change. The narrative measurement for that analyte. One esoteric methods needed to support should be written by an analytical possible indicator of that variability is regulation development or compliance chemist and written in terms that the relative standard deviation monitoring. another analytical chemist can calculation for the initial precision and understand. recovery samples. Corrective action to E. Requirements for Documenting Front- 3. A summary level report or data be taken when the acceptance criteria End Method Equivalency reporting forms listing the pollutants, are not met should involve identifying Under the program envisioned by along with their CAS Registry numbers, the samples affected, determining the EPA, flexibility in existing methods will for which the modifications were made. 4. A summary of all quality control amount of the effect, and if the effect is apply to any change in one or more results required by the Reference significant, determining the impact of front-end devices and processes as long Method. These results include, but are the effect on the environmental samples as these changes do not adversely affect not limited to, the following: analyzed and advising the affected method performance. In exercising this parties. • Method-specific instrument tuning. flexibility, laboratories will be required • Calibration. 2. Standardized QC in Other Method- to demonstrate and document that the • Calibration verification. Developing Organizations changes implemented will produce • Initial precision and recovery. During the last several years, EPA has results that are comparable to or better • Ongoing precision and recovery. • worked closely with ASTM toward the than those produced by the Reference Matrix spike and matrix spike Method. duplicate results. development of standardized QC for • incorporation into ASTM methods. One Demonstration that the method will Surrogate recoveries. meet or exceed the performance of the • Internal standard recoveries. product of this effort is a draft document • Reference Method and/or regulatory Labeled compound recoveries. entitled Standard Practice for Writing • goals requires laboratories to perform Method of standard additions. Quality Control Specifications for Test • Spectral interference checks. Methods for Organic Constituents, the applicable QC tests outlined in • Section II.D.1 of this notice and meet Serial dilutions. which has been approved by the ASTM • Blank results. Committee D–19 on Water. This the applicable QC acceptance criteria • Quality control charts and limits. document, which is made available with associated with each test. Laboratories • MDL study results. this notice, requires standardized QC in that exercise the flexibility offered by Specific QC results vary according to all future editions of organic methods this program will be required to the Reference Method and the and describes how criteria are to be maintain all equivalency documentation instrument used in the determinative calculated from the results of an on file and submit it to their clients step. For example, labeled compound interlaboratory method validation study. (data users) upon request. Permittees recoveries are associated only with The main difference between the QC that exercise the flexibility offered by methods that are based on isotope- requirements outlined in this document this program will be responsible for dilution techniques, and spectral and those produced today is the lack of ensuring that equivalency has been interference checks are typically an ASTM requirement to determine demonstrated by their in-house or associated with ICP-AES analyses. MDLs. contract laboratories and for ensuring 5. Raw data that will allow an EPA has also worked closely with the that documentation can be provided to independent reviewer to verify each Environmental Quality Committee of permitting authorities upon request. determination and calculation AOAC-International to standardize and At a minimum, documentation of performed by the laboratory. collaboratively test methods that method equivalency will include all raw This verification should consist of contain comparable QC requirements results and summary data generated for tracing the instrument output (peak and performance-based QC criteria. each of the QC elements required. height, area, emission intensity, or other More recently, EPA has begun working Alternatively, laboratories, permittees, signal intensity) to the final result with the American Public Health or permitting authorities may elect to reported. Raw data are method and Association, American Water Works utilize the checklist provided and instrument specific and may include, Association, and Water Environment described in a document titled Methods but are not limited to the following: Federation toward standardization of Considered Within the Scope of Existing • Sample numbers or other identifiers QC to be used for methods published in Wastewater Methods Under the EMMC used by the both the permittee and the Standard Methods for the Examination Performance-based Methods System laboratory. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules 47331 • Sample preparation (extraction/ compounds. If the laboratory or the modification of promulgated 40 CFR digestion) dates. method employs a standardized Part 136 methods for which these data • Analysis dates and times. reporting level for undetected are not available. Although EPA has not • Sequence of analyses or run logs. compounds, this should be made clear surveyed all methods promulgated at 40 • Sample weight or volume. in the example, as should adjustments CFR Part 136, the Agency believes that • Extract volume prior to each for sample volume, dry weight (solids the number of methods that (1) do not cleanup step. • only), etc. contain QC acceptance criteria, (2) are Extract volume after each cleanup 7. For GC/MS and other instruments not covered by the WS/WP studies, or step. • involving data systems, the permittee (3) do not contain performance data, is Final extract volume prior to should be prepared to submit raw data small. EPA seeks a public discussion of injection. • on magnetic tape or disk, upon request how to establish QC acceptance criteria Digestion volume. by the regulatory authority. when data on which to base these • Titration volume. • 8. The names, titles, addresses, and criteria are not available. Percent solids or percent moisture. telephone numbers of the analysts who • Matrix modifiers. A. Development of QC Acceptance • Dilution data, differentiating performed the analyses and of the quality control officer who will verify Criteria From Interlaboratory Study between dilution of a sample and Data dilution of an extract or digestate. the analyses. • Instrument (make, model, revision, If data are collected by a contract ASTM and AOAC-International have modifications) and operating laboratory, the permittee will be published extensive literature on the conditions. responsible for ensuring that all of the statistical treatment of data for • Sample introduction system requirements in the methods are met by interlaboratory collaborative testing of (ultrasonic nebulizer, hydride generator, the contract laboratory and that all data analytical methods, including ‘‘ASTM flow injection system, etc.). listed above are provided. D–2777’’ and Guidelines for Collaborative Study Procedure to • Column conditions (manufacturer, III. Development of QC Acceptance length and diameter, stationary phase, Criteria Validate Characteristics of a Method of solid support, film thickness, chelating Analysis, JAOAC 72 No. 4, 1989. EPA’s Few of methods promulgated at 40 Office of Research and Development or ion exchange resin, etc.). CFR Part 136 contain QC acceptance • Analysis conditions (char/ashing (ORD) and Office of Science and criteria for all of the standardized QC temperatures, temperature programs, Technology (OST) have used the ASTM elements outlined in this notice. (The incident rf power, flow rates, plasma and AOAC-International statistical notable exceptions are the methods viewing height, etc.). procedures to produce QC acceptance published at 40 CFR 136, Appendix A.) • Detectors (type, wavelength, slit, criteria for analytical methods As described above, however, QC analytical mass monitored, etc.). published by their offices. The specific • Chromatograms, ion current acceptance criteria are the principle embodiment of the procedures as used profiles, bar graph spectra, library means by which a front-end method by OST are given in an OST document search results. modification can be judged to provide titled Development of QC Acceptance • Background correction scheme. results equivalent to or better than Criteria, made available with this notice. • Quantitation reports, data system results produced by the Reference EPA plans to work with AOAC- outputs, and other data to link the raw Method. For those methods that do not International and ASTM to conform data to the results reported. (Where contain QC acceptance criteria, EPA these procedures as much as is these data are edited manually, plans to employ one of three sources of practicable. explanations of why manual data for developing these criteria. These B. Development of QC Acceptance intervention was necessary must be sources are (1) interlaboratory study Criteria From WS/WP Study Data included). data contained in the promulgated 40 • Direct instrument readouts; i.e., CFR Part 136 analytical method, if EPA is considering use of WS/WP strip charts, mass spectra, printer tapes, available, (2) water supply (WS) and study data to establish QC acceptance etc., and other data to support the final water pollution (WP) study data, or (3) criteria for an analytical method for results. single-laboratory data contained in the which these criteria have not been • Laboratory bench sheets and copies promulgated analytical method. In developed. The procedures used will be of all pertinent logbook pages for all explanation, WS and WP study data the same or similar to those in ASTM sample preparation and cleanup steps, result from laboratory performance D–2777 and detailed in the and for all other parts of the evaluations conducted periodically by Development of QC Acceptance Criteria determination. EPA’s National Environmental Research document referenced above. EPA The raw data required should be Laboratory at Cincinnati (NERL-Ci, envisions that this development will be provided for all calibrations, formerly EMSL-Ci). By following the conducted internally by EPA on an as- verifications, blanks, matrix spikes and statistical techniques described below needed basis for methods, and that the duplicates, and other QC analyses and detailed in the accompanying acceptance criteria will then be required by the Reference Method as supporting document, these WS and WP proposed for promulgation at 40 CFR well as any field samples analyzed by data, or the performance data contained Part 136. the method. Data should be organized so in an existing analytical method C. Development of QC Acceptance that an analytical chemist can clearly promulgated at 40 CFR Part 136, can be Criteria From Method Performance Data understand how the analyses were used to establish QC acceptance criteria. performed. As of the date of publishing this Although few of the methods 6. Example calculations that will notice, EPA has not developed a means promulgated at 40 CFR Part 136 have allow the data reviewer to determine for developing QC acceptance criteria QC acceptance criteria, most of these how the laboratory used the raw data to for a method for which EPA has neither methods do contain performance data. arrive at the final results. WS/WP study data nor performance Usually, these data reflect method Useful examples include both data, and until such means are performance in a single laboratory. detected compounds and undetected developed, EPA will not allow Using the procedure given in the 47332 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules document titled Development of QC and USGS are acceptable because these the document titled Development of QC Acceptance Criteria, these performance formats are documented and routinely Acceptance Criteria. data can be used to establish QC followed by these organizations. 3. Tier III—Validation of Methods for performance criteria. Basically, this Methods produced or approved by Nationwide Use procedure uses the recovery and organizations that allow random formats standard deviation of recovery to would be required to be revised into a Nationwide-use methods would be establish the QC acceptance criteria, standardized format before submission validated in one of two ways: (1) A with an additional allowance for for proposal at 40 CFR Part 136. This classical interlaboratory study would be interlaboratory variability where requirement would preclude confusion performed using study designs such as applicable. Exact details of these in methods. those used by EPA in past studies or by AOAC-International or ASTM and QC procedures are given in the B. Method Validation Development of QC Acceptance Criteria acceptance criteria would be developed document that is made available with For purposes of the streamlining using the traditional variance this notice. contemplated by this notice, EPA components analysis, or (2) a study presents a tiered approach to validation design that attempts to include all IV. Submission of New Methods of new methods. This approach consists variance components could be used. For The process EPA envisions for of three tiers, dependent on the example, QC acceptance criteria could submission of new methods intended application of the new be developed by running tests in waste encompasses the elements described in method. The tiers are single use, use streams from a minimum of nine this notice. These elements are as within a given industry, and nationwide industrial categories in nine separate follows: use, and the levels of validation laboratories (a total of nine analyses). • The method would be written using required for new or alternate methods One of the nine waste streams would be the guidelines and format described in are consistent with these uses. As required to be from a publicly owned Section IV.A., discussed above, only those methods treatment works (POTW) to ensure • The method would incorporate the that contain a new or alternate coverage of this industrial category. standardized QC elements described in determinative technique would be Although the individual variance Section II.E., required to undergo method validation components would not be known, the • QC acceptance criteria would be studies. overall variance could be estimated included in the method as described in from the study. The advantage of this 1. Tier I—Validation of Single-Use Section III, and second approach is that the number of Methods • The method would be validated for tests, and therefore the cost, is single-use, single-industry use, or A single-use method would be minimized. Further details of the use of nationwide use, as described in Section applicable to a single discharge. these two approaches is given in the IV.B. Validation would be on that discharge Development of QC Acceptance Criteria and the method would be applicable to A. Standardized Method Format document made available with this that discharge only. EPA believes that notice. EPA seeks a public discussion of Made available with this notice is a this tier would codify the present the utility of these two approaches. document titled Guidelines and Format flexibility understood to be permitted in In order to implement this tiered for Methods to be Proposed at 40 CFR monitoring by encouraging permitting approach, it is likely that a new table or Part 136. This document is a further authorities and individual dischargers tables would be published in 40 CFR development of the Guidelines and to determine unusual analytes of Part 136 to define the level of validation Format for EMSL-Cincinnati Methods regulatory concern and to overcome and use for a method as well as the (EPA–600/8–83–020) produced by matrix interferences. Method validation specific discharge and industrial EMSL-Ci in 1983. In turn, the would consist of running four replicate category for methods that would be Guidelines and Format for EMSL-Ci tests in a single laboratory to establish proposed and promulgated at Tiers I Methods was based on the ASTM’s single-laboratory performance data and and II. Form and Style for ASTM Standards, applying the procedures given in the As with the other aspects of this 5th ed., June 1980 (13–000001–80). The document titled Development of QC notice, EPA seeks a public discussion of Guidelines and Format for Methods to Acceptance Criteria to establish QC this tiered approach and suggestions for be Proposed at 40 CFR Part 136 acceptance criteria for the method from other approaches that may be more incorporates several important aspects the single-laboratory data. efficient or less cumbersome. EPA is of the information presented in this particularly interested in learning from 2. Tier II—Validation of Single-Industry notice. It also incorporates the analytical the regulated community if this Methods methods format prescribed by EPA’s approach would aid in reducing Environmental Monitoring Management This tier would be applicable to monitoring costs and of overcoming Council (EMMC). The EMMC format is discharges in a given industry by matrix interferences. EPA is also directed at standardizing all Agency industrial category or subcategory. particularly interested in learning if this analytical methods. Categorical effluent guidelines approach would be cumbersome for For new methods submitted under the limitations are promulgated at 40 CFR permitting authorities to administer. program discussed in this notice, a Parts 400–505. Method validation guideline and format from another would consist of running tests of a C. Submission Process organization may be used provided it is minimum of one sample from a waste Under the system contemplated by standardized and contains the same stream from three different facilities in this notice, new methods and methods elements specified in this document. three separate laboratories (a total of manuals would be submitted to the For example, the method format nine analyses) to establish laboratory Office of Science and Technology (OST) documents from the APHA, AWWA, performance data for the QC tests which would coordinate proposal of the and WEF for Standard Methods for specified in this notice. These method(s) under 40 CFR Part 136. The Examination of Water and Wastewater, performance data would then be used to steps involved in developing and and from ASTM, AOAC-International, establish QC acceptance criteria using preparing a method for proposal are Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules 47333 outlined below. It should be stressed validation report are ready for not been acceptable to date to use that the preparer should communicate submission, the preparer would develop another method for NPDES monitoring closely with OST throughout this a draft preamble for proposal of the in place of a 40 CFR Part 136 Method. process to ensure that the method will method at 40 CFR Part 136. If the system For instance, methods from the Office of be suitable for proposal at the end of the contemplated by this notice is found to Solid Waste SW–846 manual have not process. be desirable, a template for the draft been acceptable. However, with the flexibility discussed in this notice, other 1. Determination That Method Is New preamble could be provided by EPA to assist the preparer. methods may be permitted, provided The preparer should first determine that the requirements given in the whether the method is a new method or 6. Submission of Final Method, method and discussed in this notice and a modification of an existing method Validation Report, and Draft Preamble its supporting documents are met. This under the Agency’s method flexibility The final method, validation report, includes the requirement that the initiative. The following sources should and draft preamble would be sent to determinative step and specificity are be consulted in making this EPA. EPA would review these equivalent, and that the performance of determination: documents and communicate with the the method is equal to or better than the • The FR/CFR reference that preparer regarding questions and to performance of the Reference Method. implements the system contemplated by clarify any outstanding issues. EPA The Reference Method must be a 40 CFR this notice [citation]. Part 136 method. The other methods can • would then finalize the preamble, Technical Interpretation of Method include the appropriate documents in be EPA methods, methods from other Flexibility. the docket, and submit a proposal for organizations, or methods developed by • Front-End Techniques that are inclusion of the method in 40 CFR Part a laboratory or other organization. Candidates for Method Modification 136 to the Federal Register for public In addition to the allowance for use of under EPA’s Method Flexibility comment. other methods, if the requirements Overture. • described in this notice are followed Methods Considered Within the 7. Submission of Proprietary Methods or both in letter and in spirit, methods Scope of Existing Wastewater Methods Methods Containing Proprietary from several of EPA’s analytical Under the EMMC Performance-based Equipment or Substances programs can be fused into a single Methods System. Under several statutes, EPA is method acceptable for use in 2. Method Development prohibited from releasing materials compliance monitoring under the Once it has been determined that a marked as confidential business wastewater program and under the new method is warranted, the method information (CBI) and has treated EMMC PBMS. For example, using the should be developed and documented analytical methods as CBI when so checklist described in this notice and using the following sources. marked. The Agency believes that the detailed in the document titled Methods • Guidelines and Format for methods objective of promulgating analytical Considered Within the Scope of Existing to be proposed at 40 CFR Part 136. methods is for the full enjoyment by the Wastewater Methods Under the EMMC • Development of QC Acceptance public in making determinations of Performance-based Methods System Criteria. pollutants in the environment. (EMMC PBMS Guidance), and the • The FR/CFR reference that Therefore, EPA believes that proprietary analyte lists and QC acceptance criteria implements the system contemplated by methods should not be included in part in the methods to be fused, EPA this notice [citation]—Standardized 136. However, EPA believes that Superfund Contract Laboratory Program Quality Control. proprietary equipment or substances (CLP) Method OLM02.0, EPA Office of used in methods should be maintained Groundwater and Drinking Water 3. Preliminary Method Submission as confidential. For example, the liquid (OGWDW) Method 524.2, and Office of Once the method has been written phases in gas chromatographic columns Solid Waste SW–846 Method 8260 can according to a standardized format, the are usually known by their confidential be made acceptable for use in the preparer would document plans to name, such as DB–1, SPB-octyl, and wastewater program as a front-end validate the method, including a Dexsil, although EPA also believes that modification of Method 624. schedule. Section IV.B. Method the nature of proprietary equipment and The process consists of using the Validation, should be consulted in substances eventually becomes known. capillary column specified in methods planning for appropriate method EPA seeks a public discussion of OLM02.0, 524.2, and 8260; testing for validation. whether or not confidential methods all analytes listed in all methods, performing all performance tests in all should be promulgated at 40 CFR Part 4. Method Validation methods; and meeting the most 136, and whether the practice of stringent of the QC acceptance criteria After writing and initial testing, the including proprietary equipment and for each test in all methods. For preparer would proceed with method substances in methods should be acceptance in the wastewater program validation according to the documented continued, or if EPA should require under this notice, it would be necessary plans. Based on data from the validation identification of these equipment and to perform the standardized QC study, the method may need to be substances. modified and a further validation study described above and meet the QC may be required. After completing the V. Harmonization of Methods acceptance criteria in Method 624. In validation study(ies), the preparer addition, and while operating under A. Harmonization of 40 CFR Part 136 Method 624, it would be necessary to would write a detailed validation report. Methods With Other EPA Methods EPA may, at a later date, develop the spike all analytes listed in the permit, format and requirements for such a The methods required for NPDES and not just the subset of analytes report. compliance monitoring are the 40 CFR required as the matrix spike in the CLP Part 136 Methods. Although there are method. The spike would therefore be 5. Preparation of Draft Preamble many similarities between the technical specific to the discharge. Alternatively, Once the method has been properly details of methods from other EPA all analytes listed in Method 624 could validated and the method and programs and in other methods, it has be spiked. Further, if the spiked 47334 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules analytes are not recovered in the normal generated using the 40 CFR Part 136 VII. Discussion of Information range (as specified in the QC acceptance methods. Contained in This Notice criteria in Method 624), it would be necessary to analyze the QC check B. Withdrawal of Outdated Methods EPA is particularly interested in eliciting constructive discussion that sample given in Method 624 to EPA is also considering withdrawal of demonstrate that a matrix effect had or will allow the Agency to incorporate methods that the Agency believes are flexibility into existing methods and had not occurred, and that the obsolete or are no longer used. For laboratory was in control. All other streamline proposal and promulgation example, 40 CFR 136, Table ID, footnote of new methods under 40 CFR Part 136. performance requirements in Method 3 references methods published in 1978 624 would also need to be met and the On the other hand, EPA is interested in that include thin-layer chromatography compelling reasons why such a program checklists in the EMMC PBMS (TLC) methods. EPA believes that TLC Guidance would need to be completed may not work, even with extensive methods have been outdated by gas to document the use of a front-end built-in controls to assure that the chromatography and high performance modification of Method 624. results produced by modified or new liquid chromatograph methods for the analytical methods are reliable. At this B. Standardization of Methods Across analytes to which the methods juncture, the floor should be considered Agency Programs published in 1978 are applied. EPA is open for discussion. EPA looks forward Under the auspices of EPA’s EMMC, therefore considering a careful to working with all interested and the various program offices are working examination of Tables 1A through 1E of concerned parties to produce an to arrive at a single method that Part 136 for obsolete or outdated improved system for methods approval transcends Agency programs for the methods, and proposing removal of under the 304(h) program. those methods for which newer most commonly used methods. The first Dated: September 1, 1995. method being studied is a method for methods are available. Tudor T. Davies, determination of volatile organics by C. Incorporation by Reference purge and trap gas chromatography/ Director, Office of Science and Technology. mass spectrometry (GC/MS). If It is EPA’s intention to reduce the [FR Doc. 95–22608 Filed 9–11–95; 8:45 am] agreement between the program offices number of pages published in the BILLING CODE 6560±50±P can be reached, this method will Federal Register and the Code of encompass the analyte lists and quality Federal Regulations by incorporating control requirements in EPA’s Drinking proposed and promulgated methods, 40 CFR Part 372 Water, Wastewater, Solid Waste, and respectively, by reference. The approach Remedial programs. Several possible is intended to reduce the expense of [OPPTS±400098; FRL±4972±8] approaches to the development of publication in the FR and CFR. EPA also analyte lists and QC requirements for believes that publication in these Zinc Oxide; Toxic Chemical Release consolidated methods are being documents is unnecessary because Reporting; Community Right-To-Know discussed within the Agency. One analytical methods are esoteric in nature possible approach is to examine the QC and, therefore, not of interest to the AGENCY: Environmental Protection specifications required by each program general public. In place of publication Agency (EPA). and include the most stringent in the FR and CFR, copies of the ACTION: Denial of petition. requirements in the consolidated methods would be made available methods. Another possible approach is through such outlets as the Government to re-develop analyte lists and QC SUMMARY: EPA is denying a petition to Printing Office, the EPA Water Resource delist zinc oxide from the zinc specifications for the integrated Center, the National Technical methods; this approach would compounds category subject to the Information Service, and through necessitate interlaboratory studies that reporting requirements under section meetings such as the Pittsburgh could require extensive Agency 313 of the Emergency Planning and Conference, the annual meeting of the resources. EPA seeks a public Community Right-to-Know Act of 1986 Water Environment Federation, and discussion concerning approaches (EPCRA) and section 6607 of the EPA’s Conference on Analysis of towards integration of Agency methods. Pollution Prevention Act of 1990 (PPA). Pollutants in the Environment held This decision is based on evidence that VI. Other Streamlining Issues annually in Norfolk, Virginia. EPA is zinc ion can become available from zinc A. Standardized Data Elements for also exploring distribution of the full oxide through several mechanisms and Reporting text of the proposed and promulgated 40 that zinc ion can reasonably be CFR Part 136 methods on-line. anticipated to be toxic to aquatic EPA is also considering standardized organisms. data elements for reporting, with an eye Consistent with this approach, EPA would also withdraw the 40 CFR 136 toward reporting of results on magnetic FOR FURTHER INFORMATION CONTACT: media and via electronic means. In Appendix A methods from the CFR and Maria Doa, Petitions Coordinator, 202– certain of its programs, EPA has been would incorporate these methods by 260–5997, or e-mail: accepting analytical data on magnetic reference, thus reducing the number of [email protected], for specific media in precisely defined formats for pages of material published annually in information regarding this document. more than 10 years. However, a more the CFR by more than 240. For further information on EPCRA generalized format may have broader EPA will discuss this removal of section 313, contact the Emergency use. One such format is the Department methods from publication in the FR and Planning and Community Right-to- of Energy Electronic Data Deliverable CFR, the use of the Internet for Know Information Hotline, Master Specification (DEEMS). EPA distribution of methods, and other Environmental Protection Agency, Mail seeks a public discussion as to whether avenues of distribution that could be Stop 5101, 401 M St., SW., Washington, the Agency should further pursue used to make methods more accessible DC 20460, Toll free: 800–535–0202, Toll electronic formats for reporting data to interested parties. free TDD: 800–553–7672. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules 47335 SUPPLEMENTARY INFORMATION: zinc oxide is not the type of compound These variations in solubility data are I. Introduction that should be reported under EPCRA most likely due to variations in the section 313 because zinc compounds are solubility tests with respect to the form A. Statutory Authority ‘‘Generally Recognized as Safe by the of zinc used, oxide or hydroxide (the This action is issued under sections Food and Drug Administration as: a amorphous form of zinc hydroxide is 313(d) and (e)(1) of the Emergency dietary supplement (21 CFR 182.5991); more soluble), pH, temperature, and Planning and Community Right-to- a nutrient (21 CFR 182.5991); and a experimental variability. The Know Act of 1986 (EPCRA), 42 U.S.C. resinous/polymeric coating (21 CFR solubilities of zinc oxide and zinc 11023. EPCRA is also referred to as Title 175.300).’’ The petitioner adds that hydroxide are at a minimum at pH 9.3. III of the Superfund Amendments and ‘‘zinc oxide has been used for decades At this pH, the solubility of zinc Reauthorization Act (SARA) of 1986 as a skin ointment—e.g., for diaper hydroxide is 0.0822 mg/L for the (Pub. L. 99–499). rash—and protectant. * * *’’ amorphous form and 0.0041 mg/L for the ε-Zn(OH)2 form. Zinc oxide and III. EPA’s Technical Review of Zinc B. Background hydroxide are insoluble in organic Oxide Section 313 of EPCRA requires certain solvents, including alcohols and acetone facilities manufacturing, processing, or The technical review of the petition to (Refs. 3, 5-9). otherwise using listed toxic chemicals delete zinc oxide from the zinc Zinc oxide and hydroxide are to report their environmental releases of compounds category focused on the amphoteric; they dissolve in acids to such chemicals annually. Beginning available ecological and environmental form salts and in alkalis to form with the 1991 reporting year, such fate data. Based on a review of these zincates. Zinc oxide will dissolve in facilities also must report pollution data, EPA has made the determination hydrochloric acid, for example, prevention and recycling data for such that there is sufficient evidence to generating zinc chloride (ZnCl2), a salt chemicals, pursuant to section 6607 of reasonably anticipate that zinc ion may with appreciable water solubility (432 the Pollution Prevention Act of 1990 cause environmental toxicity and that grams (g) ZnCl2 dissolves in 100 g H2O (PPA), 42 U.S.C. 13106. Section 313 zinc ion can become available in the at 25 °C). Common zincates include -2 - established an initial list of toxic environment from zinc oxide. The [Zn(OH)4] and [Zn(OH)3] . Zinc oxide chemicals that was comprised of more principal concern regarding zinc oxide also dissolves in ammonia generating ∂2 than 300 chemicals and 20 chemical is its toxicity to aquatic species and its the tetraligated complex, [Zn(NH3)4] . categories. Zinc oxide is a zinc ability to bioaccumulate. Several The conversion of zinc oxides to zinc compound reportable under the zinc mechanisms have been identified by salts is of importance because of the compounds category provided in the which zinc ion can become available in high solubility of many of the salts in initial EPCRA section 313 list of the environment from zinc oxide. For water which would make the zinc ion chemicals. Section 313(d) authorizes example, zinc ion may become available available (Refs. 1, 2, 10, and 11). EPA to add or delete chemicals from the in the environment from zinc oxide via Although zinc oxide may be poorly list, and sets forth criteria for these dissolution in aqueous solutions. reactive under some conditions, it is reported that zinc oxide adsorbs carbon actions. EPA has added and deleted A. Chemistry chemicals from the original statutory monoxide and carbon dioxide. Zinc list. Under section 313(e), any person Pure zinc oxide (ZnO) is typically a oxide reacts with carbon dioxide in may petition EPA to add chemicals to or white or yellow-white amorphous moist air generating zinc carbonates, in delete chemicals from the list. EPA must powder. Crystalline zinc oxide has a particular zinc oxycarbonate. The respond to petitions within 180 days, hexagonal crystal structure. Zinc oxide reported water solubility of zinc either by initiating a rulemaking or by has a reported melting point in the carbonate ranges from 0.01 grams per ° ° publishing an explanation of why the range of 1970 C to 1975 C. Zinc oxide liter (g/L) (15 °C) to 0.7 g/L (18 °C) (Refs. petition is denied. is produced by oxidizing zinc vapors in 1 and 8). EPA issued a statement of petition burners. The source of the zinc vapor is Zinc oxide completely absorbs UV policy and guidance in the Federal either impure zinc oxide or purified radiation below 366 nanometer (nm), Register of February 4, 1987 (52 FR zinc metal. Zinc vapor generated from and as a result, is used as a white 3479), to provide guidance regarding the purified zinc metal will provide the pigment. A more common use for zinc recommended content and format for highest purity zinc oxide (Refs. 1–4). oxide is as an accelerator, activator and submitting petitions. On May 23, 1991 An important conversion in the stabilizer in rubber manufacture (Refs. 1 (56 FR 23703), EPA issued guidance environment is the conversion of zinc and 2). regarding the recommended content of oxide to zinc hydroxide. Zinc hydroxide B. Environmental Fate petitions to delete individual members also dissociates in the environment to of the section 313 metal compound yield zinc ion. Below 39 °C, zinc oxide The mechanisms that contribute most categories. EPA has also published a reacts slowly with water to form zinc to the environmental fate of zinc oxide statement clarifying its interpretation of hydroxide (Zn(OH)2). The rate of are dissolution, sorption, and the section 313(d)(2) and (3) criteria for conversion of zinc oxide to zinc precipitation, all of which are affected adding and deleting chemical hydroxide is dependent on various particularly by the pH of the media, but substances from the section 313 list (59 factors, the most important of which is also by other factors including FR 61439, November 30, 1994). temperature. Above 39 °C, ZnO is the temperature. Unlike other zinc stable form. compounds (such as zinc sulfide), zinc II. Description of Petition and Relevant The reported water solubility of zinc oxide does not undergo significant Regulations oxide ranges from 1.6 milligrams per microbial transformation. On April 4, 1995, EPA received a liter (mg/L) (29 °C) to 5 mg/L (25 °C). 1. Water. The solubility of zinc oxide petition from the American Zinc The two most common forms of zinc at pH 7 and 29 °C is approximately 5 to Association to delete zinc oxide from hydroxide are the amorphous form and 15 mg/L. Because zinc oxide is the compounds reportable under EPCRA the ε-Zn(OH)2 form. The reported water amphoteric, it is more soluble at pH section 313 under the zinc compounds solubility of zinc hydroxide ranges from values other than 7, particularly values category. The petitioner contends that 2.92 mg/L (18 °C) to 15.5 mg/L (29 °C). less than 7. Above pH 7, zinc oxide and 47336 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules zinc hydroxide will dissolve to form solubility, such as zinc hydroxide decreases. The 96–hour LC50 (median other zincates. These zinc compounds (generated from the hydrolysis of zinc lethal concentration) for rainbow trout are also amphoteric; the availability of oxide); zincates (generated from the in a flow-through system was 93 ppb. zinc ion from these compounds, dissolution of zinc oxide or zinc The 96–hour LC50 for cutthroat trout therefore, is also dependent on their hydroxide in alkaline solution); zinc was 90 ppb. The 48–hour LC50 value for solubility and pH. salts (including zinc chloride, generated a daphnid species was 40 ppb. Acute In water, zinc ion may associate or from the dissolution of zinc oxide in a toxicity EC50 values of 40 and 100 ppb react with neutral or ionic compounds hydrochloric acid solution); and zinc were noted in daphnids. to form inorganic salts, stable organic carbonates (generated from the reaction Numerous other acute tests have been complexes, or inorganic or organic of zinc oxide with carbon monoxide or conducted on estuarine and marine colloids. The quantity of zinc ion carbon dioxide in moist conditions). invertebrates and fish. EC50 values of available in water from each of these Based on the availability of zinc ion, 310 ppb and 166 ppb were calculated by forms is dependent upon the solubility zinc oxide may cause adverse testing oysters and hard shelled clams, of these forms, pH, temperature, the environmental effects. In terms of health respectively. EC50 values for a copepod, total amount of the zinc form present in effects, it should be noted that the mysid shrimp, lobster, and hermit crab water, and the presence of other metal predominant concern of most literature were 210 ppb, 498 ppb, 175 ppb, and ions, organic compounds, and inorganic available on the toxicology of zinc ion 400 ppb, respectively. Estuarine and compounds. deals with the effects of zinc ion deficit marine fish were less sensitive to zinc Zinc ion will eventually adsorb to rather than excess. Zinc is classified as ion than invertebrates. The LC50 values sediments. The extent to which this an essential nutrient. The National ranged from 2,730 ppb for larvae of occurs is strongly dependent on pH, Academy of Science recommends a Atlantic silversides to 83,000 ppb for temperature, salinity, and the amount of dietary allowance of 0.21 mg elemental larvae of mummichog. zinc ion present. Below pH 5, minimal zinc per kilogram per day (kg/day). Zinc Zinc ion exhibits high chronic soil sorption is expected. is also an essential nutrient to aquatic toxicity in the aquatic environment. The In wastewater treatment plants, zinc and terrestrial organisms; it is involved maximum acceptable toxicant oxide is usually removed as a solid. in the synthesis of nucleic acids and concentration (MATC) in soft water was Removal rates usually range up to 90 enzymes. 36 to 71 ppb for rainbow trout fry percent. Any solubilized zinc oxide will Environmental effects (Refs. 13 and (hatching from unexposed eggs). The be released to surface water as zinc ion 14). By whatever route available, zinc MATC for fathead minnows, based on in solution with a counter anion in ion exhibits high toxicity to aquatic spawning and hatching success and fry solution. organisms. This conclusion is based on survival, in hard water (200 mg/L as 2. Land. The movement of zinc oxide a substantial amount of information CaCO3) was 30 to 180 ppb. The MATC in soils is strongly pH dependent. At pH available for zinc ion which includes for this fish in soft water was 78 to 145 7, zinc ion will be available from zinc acute toxicity values lower than 100 ppb. oxide in soils to the extent that the parts per billion (ppb), and In invertebrates (Daphnia magna), oxide is solubilized. If the pH falls bioconcentration values higher than reproduction was impaired by 10 below 7 in soils, leaching of zinc ion 1,000. Numerous studies indicate that percent after a 21–day exposure to 70 will increase due to the increased zinc ion also has a high chronic toxicity. ppb zinc ion. Cell growth was inhibited solubility of zinc oxide. Sorption of zinc a. Aquatic toxicity. The available in algae (Selenastrum capricornutum) ion to soils will be minimal at pH values evidence indicates that zinc ion is after exposure for 7 days at a less than 5. The sorption of zinc ion to highly toxic to aquatic organisms and concentration of 30 ppb, and the EC95 soils, therefore, significantly decreases has a high potential to bioaccumulate. for growth after exposure for 14 days through a critical pH range of 7 to 5. In natural waters, zinc ion occurs in was 68 ppb. Zinc ion not adsorbed to soils will both suspended and dissolved forms. It Marine algae are very sensitive to eventually end up in the water column can exist as a simple hydrated ion; as zinc. Growth was inhibited in kelp (Ref. 12). various inorganic salts; in stable organic (Laminaria hyperiborea) at 100 ppb and 3. Air. Zinc oxide may be present in complexes; or adsorbed into or occluded in algae (Skeletonema costatum) at 50 the atmosphere in particulate form, in, inorganic or organic colloids. The ppb. Cell numbers decreased in three originating primarily from dust from quantity of zinc ion available from each species of marine algae, Gymnodinium manufacturing and processing sites. of these forms is dependent upon pH, splendens, Schroderella schroederi, and Deposition of particulate zinc oxide by temperature, and the total amount of the Thalassiosira rotula, at 100 ppb, 50 ppb, fallout or washout generally occurs in a zinc form present in water, and the and 100 ppb, respectively. short period of time in the vicinity of presence of other metal ions or organic b. Bioaccumulation. Zinc ion can the emission source. and inorganic compounds. Zinc is reasonably be anticipated to eventually partitioned into sediments. bioaccumulate in aquatic organisms. C. Toxicity Evaluation Zinc ion bioavailability from sediments Bioconcentration factors (BCFs) of 1,130 EPA’s review primarily addressed the is enhanced under conditions of high and 432 were noted in mayflies and environmental toxicity of zinc ion. dissolved oxygen, low salinity, low pH, flagfish, respectively. BCFs for marine There is sufficient evidence to indicate and high levels of humic substances. algae (Cladophora and Fucus serratus) that zinc ion may cause environmental Zinc ion remaining in sediments may be and oysters were noted to be 4,680, toxicity. Zinc ion can become available toxic to or bioaccumulate in sediment 16,600, and 16,700, respectively. in the environment from zinc oxide organisms. through several mechanisms. Zinc ion The levels of acute toxicity for zinc D. Technical Summary can become available from dissolution ion to various fish and invertebrates The technical review of the petition to of zinc oxide in aqueous solution, range from 40 ppb to 58,100 ppb. This delete zinc oxide from the zinc particularly at pH values between 5 and wide range is partially due to the compounds category focused on the 7. Zinc ion can become available from hardness of the water used in the ecological and environmental fate data. the dissolution or reaction of zinc oxide studies; generally as water hardness Based on a review of these data, EPA to produce several products of varying increases the acute toxicity of zinc ion has made the determination that there is Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules 47337 sufficient evidence to reasonably Recognized as Safe by the Food and (11) Pauling, L., General Chemistry, anticipate that zinc ion may cause Drug Administration,’’ EPA is not 3rd ed., Freeman and Company, San environmental toxicity and that zinc ion persuaded that this is a sufficient basis Francisco (1970). can become available in the for removing zinc oxide from the list. (12) Bodek, I., Environmental environment from zinc oxide. The While EPA agrees that zinc is classified Inorganic Chemistry, Properties, principle concern regarding zinc oxide as an essential nutrient and, in terms of Processes, and Estimation Methods, is its toxicity to aquatic species and its human health effects, the predominant Pergamon Press, pp. 7.15/1–7.15/11, ability to bioaccumulate. Several concern cited in most of the available New York (1988). mechanisms have been identified by literature deals with the effects of zinc (13) USEPA/OPPT, Smrchek, Jerry C., which zinc ion can become available in ion deficit rather than excess, this is not Petition to Delist Zinc Sulfide-Hazard the environment from zinc oxide (see the whole picture. EPA, in making its Review dated March 28, 1990. Unit III.A. and B. of this preamble). Zinc listing decisions under section 313 of (14) USEPA/OPPT, Meyn, Ossi, ion may become available in the EPCRA, considers a different set of Petition to Delist Zinc Oxide dated June environment from zinc oxide via issues than those addressed by FDA in 21, 1995. dissolution in aqueous solutions its regulatory decisions. Specifically, VI. Administrative Record particularly between the pH range of 5 EPA considers the potential for adverse and 7. impacts on the environment, as well as The record supporting this decision is contained in docket number OPPTS– IV. Rationale for Denial those on human health. As indicated by the regulatory citations provided by the 400098. All documents, including an EPA is denying the petition submitted petitioner in support of its contention, index of the docket, are available to the by the American Zinc Association to FDA’s focus is on human health effects. public in the TSCA Nonconfidential delete zinc oxide from the reporting In the particular case of zinc oxide, Information Center (NCIC), also known requirements under the zinc compounds EPA’s decision to deny the petition to as the Public Docket Office, from noon category of the EPCRA section 313 list delist is based on the environmental to 4 p.m., Monday through Friday, of toxic chemicals. This denial is based impacts of the chemical. excluding legal holidays. The TSCA on: (1) The Agency’s conclusion that NCIC is located at EPA Headquarters, zinc ion can become available from zinc V. References Rm. NE–B607, 401 M St., SW., oxide, and (2) the determination that (1) Lloyd, T.B., Zinc Compounds. In: Washington, DC 20460. there is sufficient evidence to indicate Kirk-Othmer Encyclopedia of Chemical that zinc ion causes aquatic toxicity. List of Subjects in 40 CFR Part 372 Technology, 3rd ed., Vol. 24, pp. Several mechanisms have been Environmental protection, Chemicals, 851863, New York (1984). identified where zinc ion can become Community right-to-know, Reporting available in the environment from zinc (2) Merck and Co., The Merck Index, and recordkeeping requirements, and oxide, particularly dissolution in 11th ed., p. 1599 (1989). Toxic chemicals. (3) Weast, R.C., ed., Handbook of aqueous solutions. Dated: September 1, 1995. Additionally, zinc oxide and zinc Chemistry and Physics, 70th ed., CRC hydroxide may dissolve in acids or Press, Inc., p. B–144, Boca Raton (1989). Lynn R. Goldman, alkalis to form salts or zincates, (4) Dean, J.A., ed., Lange’s Handbook Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. respectively. Many zinc salts are of Chemistry, 13th ed., McGraw-Hill, particularly water soluble, allowing pp. 4–131, New York (1985). [FR Doc. 95–22618 Filed 9–11–95; 8:45 am] another pathway by which zinc ion may (5) ATSDR, Toxicological profile for BILLING CODE 6560±50±F become available. Due to these zinc. US Department of Health and mechanisms, which may result in the Human Services, Public Health Service, availability of zinc ion from zinc oxide, Agency for Toxic Substances and FEDERAL COMMUNICATIONS zinc oxide contributes to the overall Disease Registry, p. 109 (1994). COMMISSION loading of zinc ion to the environment. (6) Aylett, B.J., Group IIB. In: EPA has determined that zinc ion can Comprehensive Inorganic Chemistry, 47 CFR Part 73 reasonably be anticipated to cause a Bailar, H.J., Jr., Emeleus, R.N., Trotman- [MM Docket No. 95±53; RM±8613] significant adverse effect on the Dickenson, A.F., eds., Pergamon Press, environment of a sufficient seriousness p. 217, Oxford (1973). Radio Broadcasting Services; Eugene, to warrant continued reporting of zinc (7) Durrant, P.J. and Durrant, B., OR oxide under EPCRA section 313 because Introduction to Advanced Inorganic of zinc ion’s high toxicity to aquatic AGENCY: Federal Communications Chemistry, 2nd ed., John Wiley Sons, p. organisms and its tendency to Commission. 395, New York (1970). bioaccumulate in the environment. ACTION: Proposed rule; denial. Concern regarding these effects are in (8) Linke, W.F., Solubilities of accordance with the criteria in EPCRA Inorganic and Metal-Organic SUMMARY: The Commission denies the section 313(d)(2)(C). Because zinc oxide Compounds, D. Van Nostrand Co., Inc., request of Conway Broadcasting to allot can reasonably be anticipated to be Princeton (1958). Channel 265A to Eugene, Oregon, as the highly ecotoxic and induce well- (9) Pourbaix, M., Atlas of community’s fifth local FM service. See established serious adverse effects, EPA Electrochemical Equilibria in Aqueous 60 FR 11644, March 2, 1995. The does not believe that an exposure Solutions, National Association of Commission found that Channel 265A assessment is necessary to make the Corrosion Engineers, pp. 406–413, cannot be allotted to the community in determination required by EPCRA Houston (1974). compliance with the Commission’s section 313(d)(2)(C). (10) Cotton, F.A. and Wilkenson, G., technical requirements. With this In reference to the petitioner’s Advanced Inorganic Chemistry, A action, this proceeding is terminated. contention that zinc oxide should not be Comprehensive Text, 2nd ed., John FOR FURTHER INFORMATION CONTACT: included on the EPCRA section 313 list Wiley Sons, pp. 604–608, New York Leslie K. Shapiro, Mass Media Bureau, because zinc compounds are ‘‘Generally (1986). (202) 418–2180. 47338 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules SUPPLEMENTARY INFORMATION: This is a SUPPLEMENTARY INFORMATION: Alabama (Brown 1962, Schultz 1971, synopsis of the Commission’s Report Background Hackney and Holbrook 1978, Moss et al. and Order, MM Docket No. 95–53, 1985, Mettee et al. 1989a, 1989b). adopted August 30, 1995, and released Section 4(b)(3)(B) of the Endangered Genetic analyses, based on protein September 7, 1995. The full text of this Species Act of 1973, as amended (16 electrophoresis and mitochondrial- Commission decision is available for U.S.C. 1531 et seq.), requires that, for DNA, have demonstrated that the inspection and copying during normal any petition to revise the Lists of walleye native to the Mobile Basin is business hours in the FCC Reference Endangered and Threatened Wildlife distinctive (Wingo 1982, Murphy 1990, Center (Room 239), 1919 M Street, NW., and Plants that presents substantial Billington et al. 1992, Billington and Washington, DC. The complete text of scientific and commercial information, Strange in press). This population, this decision may also be purchased the Service make a finding within 12 herein referred to as the ‘‘southern from the Commission’s copy contractor, months of the date of the receipt of the walleye,’’ is currently known from International Transcription Service, petition on whether the petition action seven Mobile Basin (Basin) drainages. Inc., (202) 857–3800, 2100 M Street, is: (a) not warranted, (b) warranted, or The southern walleye is a large NW., Suite 140, Washington, DC 20037. (c) warranted but precluded from freshwater fish that reaches weights of immediate proposal by other pending 2 pounds (4 kg) or more (Schultz 1971, Federal Communications Commission. proposals of higher priority. Section Moss et al. 1985). Southern walleye John A. Karousos, 4(b)(3)(C) requires that petitions for occur mostly in rivers and larger Chief, Allocations Branch, Policy and Rules which the requested action is found to streams, but they may also occur in Division, Mass Media Bureau. be warranted but precluded should be impoundments and channelized rivers. [FR Doc. 95–22570 Filed 9–11–95; 8:45 am] treated as though resubmitted on the They are migratory and move upstream, BILLING CODE 6712±01±F date of such finding, that is, requiring a or into smaller streams in winter and subsequent finding to be made within early spring, to spawn on clean sand 12 months. Such 12-month findings are and gravel substrates (Schultz 1971, to be published promptly in the Federal Kingery and Muncy 1988). DEPARTMENT OF THE INTERIOR Register. Southern walleye populations appear On August 22, 1994, the Service to be small. In fish surveys, they often Fish and Wildlife Service received a petition dated August 20, comprise less than one percent of a 1994, from Mr. Robert R. Reid, Jr., of 50 CFR Part 17 collection (Brown 1962, Schultz 1971). Birmingham, Alabama, to emergency However, adult walleye are frequently list the southern population of walleye Endangered and Threatened Wildlife found in deep holes and associated with (Stizostedion vitreum) as endangered. and Plants; 12-Month Finding for a submerged logs; habitats that are not The Service made a 90-day finding, Petition To List the Southern readily sampled. Based on what appear concluding that the petition and Service Population of Walleye as Endangered to be spawning runs, there are at least files contained substantial information five potential spawning areas located AGENCY: Fish and Wildlife Service, indicating that the requested action may throughout the Basin, but considering Interior. be warranted. An announcement of that the walleye’s extensive distribution, finding was published in the Federal additional spawning sites are likely. ACTION: Notice of 12-month petition Register on March 13, 1995 (60 FR The status review disclosed that the finding. 13397). A status review was initiated on southern walleye has likely declined in March 13, 1995, and the public population size and distribution owing SUMMARY: The Fish and Wildlife Service comment period was open between to considerable habitat modification that (Service) announces a 12-month finding March 13, and May 12, 1995. has occurred over much of its range. for a petition to list the southern The Service has reviewed the petition, Locks and dams block or restrict population of walleye (Stizostedion literature cited in the petition, walleye movement and may inundate vitreum) under the Endangered Species information received by the Service historic spawning habitat. Additional Act of 1973, as amended. After review during the comment period, other habitat has been altered by of all available scientific and available literature and information, and channelization, desnagging, gravel commercial information, the Service consulted with biologists and mining, and headcutting. Local declines finds that listing this species is not researchers familiar with the southern in water quality from point and warranted at this time. population of walleye. On the basis of nonpoint source pollution also may DATES: The finding announced in this the best scientific and commercial affect stream reaches occupied by document was made on September 1, information available, the Service find walleye. Angling may reduce 1995. that listing is not warranted at this time. reproduction in Alabama because The status review revealed that the mature fish are caught when ADDRESSES: Data, information, southern population of walleye has concentrated at spawning sites. comments, or questions pertaining to likely declined; however, convincing Some of the major threats, e.g., dam this petition should be sent to the Field data on biological vulnerability and construction, channelization, and water Supervisor, U.S. Fish and Wildlife range-wide threats are not available to pollution, appear to have recently Service, Jackson Office, 6578 Dogwood support a proposed rule for listing at stabilized. Illegal gravel mining remains View Parkway, Suite A, Jackson, this time. a problem in several coastal plain areas Mississippi 39213. The petition finding, Information obtained during the because of inadequate detection and supporting data, and comments are status review indicated that native enforcement. Headcutting continues to available for public inspection, by walleye historically occurred in the be a threat in areas such as the upper appointment during normal business lower Mississippi and Pearl rivers in Tombigbee where geomorphic hours at the above address. Mississippi; in all eight Mobile Basin instability has resulted from FOR FURTHER INFORMATION CONTACT: Dr. drainages in Alabama, Georgia, channelization, gravel dredging, and Ron Larson at the above address (601– Mississippi, and in a small area of other channel modifications (Hartfield 965–4900, ext. 27). Tennessee; and in the Escambia River of 1992). However, these problems are Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules 47339 localized in relatively small portions of 50 CFR Part 17 public and requested that the Service the southern walleye’s known and not release the report to the public, potential range within the Basin. The Endangered and Threatened Wildlife pending agency review and approval. and Plants; Notice of Availability of review identified several potential On May 7, 1993, the Idaho Farm Reports and Other Data Pertaining to threats to two spawning sites, but there Bureau Federation, Owyhee County was insufficient data to infer that other the Listing of the Bruneau Hot Farm Bureau, Idaho Cattleman’s spawning areas are threatened. Springsnail Association, and Owyhee County Board Despite these identified threats, the AGENCY: Fish and Wildlife Service, of Supervisors challenged the listing Service found that an accurate Interior. decision on several grounds in a lawsuit assessment of the current status and ACTION: Notice of availability, opening filed in United States District Court for population trends of the southern of public comment period. walleye was not possible due to a lack the District of Idaho. The plaintiffs argued that the Service committed a of recent and historic information on SUMMARY: The U.S. Fish and Wildlife populations (e.g., distribution and number of procedural violations during Service (Service) gives notice that the listing process, including not abundance within drainages), and reports and other data pertaining to the allowing the public to review the draft number, location, and condition of listing of the Bruneau hot springsnail USGS report. On December 14, 1993 the spawning sites. The status review (Pyrgulopsis bruneauensis) are available identified only one comprehensive to the public. Specifically, the Service is district court determined that the report on the walleye’s status (Schultz seeking public comment on a U.S. Service committed several procedural 1971), and that report covered only a Geological Survey report and other errors and set aside the final rule listing small portion of the species’ range. reports and data received since the the springsnail as an endangered The Service believes that the southern listing of the springsnail. In addition, species. walleye is still sufficiently abundant the Service solicits any other The district court decision was that timely management and information relevant to determining appealed to the United States Court of conservation efforts can improve its whether the springsnail should be listed Appeals for the Ninth Circuit by two status. Attempts by the State of as an endangered species. The Service intervening conservation groups, the Mississippi to enhance southern opens the public comment period until Idaho Conservation League and walleye populations by closing fishing November 13, 1995. Committee for Idaho’s High Desert. On and operating an experimental walleye DATES: The comment period is open June 29, 1995 the appellate court hatchery are meritorious. Similar efforts until November 13, 1995. Any overturned the district court decision by other states could enhance southern comments and materials received by the and reinstated the Bruneau hot walleye populations throughout its closing date will be considered in the springsnail to the endangered species range. final determination. list. However, the appellate court The Service will retain the southern ADDRESSES: Comments and materials concluded that the Service should have walleye as a species of concern and concerning the reports and other made the draft USGS report (i.e., continue to seek information on the information pertaining to the listing of Berenbrock 1992) available for public species and monitor its status. If the Bruneau hot springsnail should be additional data become available, the review, as the Service relied largely on submitted to the U.S. Fish and Wildlife this report to support the final listing Service may reassess the need for listing Service, Snake River Basin Office, 4696 and propose listing as necessary. rule. The appellate court directed the Overland Road, Room 576, Boise, Idaho Service to provide an opportunity for Further details regarding the 83705. Reports and other data cited in biological status of the species are public comment on the USGS report this notice, and public comments and and other relevant information, and to contained in the administrative finding, other materials received will be reconsider its listing decision. This which can be obtained by contacting the available for public inspection during notice of availability complies with the office indicated in the ADDRESSES normal business hours at the above section of this notice. address. court’s direction. References Cited FOR FURTHER INFORMATION CONTACT: Available Reports and Data Robert Ruesink, Supervisor, at the A complete list of all references cited address listed above (telephone 208/ In addition to the draft USGS report, herein, as well as others, is available 334–1931, facsimile 208/334–9493). which was finalized in August 1993 upon request from the Jackson Field (i.e., Berenbrock 1993), the Service has Office (see ADDRESSES). SUPPLEMENTARY INFORMATION: additional reports and information Author Background pertinent to the listing decision received since the original listing rule was The primary author of this document On January 25, 1993, the U.S. Fish and Wildlife Service (Service) published published January 25, 1993. The is Dr. Ron Larson, Jackson, Mississippi, following information contained in Field Office (see ADDRESSES section). a final rule in the Federal Register determining the Bruneau hot springsnail Authority (Pyrgulopsis bruneauensis) to be an The authority for this action is the endangered species (58 FR 5946). In its Endangered Species Act of 1973, as decision to the list the springsnail the amended (16 U.S.C. 1531 et seq.). Service relied, in part, on a provisional draft of a U.S. Geological Survey (USGS) Dated: September 1, 1995. report (Berenbrock 1992) analyzing the John G. Rogers, hydrology of the geothermal aquifer in Director, Fish and Wildlife Service. the Bruneau Valley area. The USGS [FR Doc. 95–22624 Filed 9–11–95; 8:45 am] provided the Service with the draft BILLING CODE 4310±55±M report, but did not release it to the 47340 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules Service files is available for public Authority Written comments should be sent to the review and comment: The authority for this action is the State Supervisor, U.S. Fish and Wildlife Berenbrock, C. 1992. Effects of well Endangered Species Act, as amended Service, 2321 W. Royal Palm Road, suite discharges on hydraulic heads in and (16 U.S.C. 1531–1544.) 103, Phoenix, Arizona 85021. spring discharges from the geothermal Comments and materials received will aquifer system in the Bruneau area, List of Subjects in 50 CFR Part 17 be available for public inspection, by Owyhee County, southwestern Idaho. Endangered and threatened species, appointment, during normal business U.S. Geological Survey, Water-Resources Exports, Imports, Reporting and hours at the above Service address. Investigations, Boise, Idaho. Preliminary recordkeeping requirements, FOR FURTHER INFORMATION CONTACT: report. Transportation. Jeffrey A. Humphrey, at the above Berenbrock, C. 1993. Effects of well address, 602/640–2720. discharges on hydraulic heads in and Dated: September 1, 1995. spring discharges from the geothermal Thomas J. Dwyer, SUPPLEMENTARY INFORMATION: aquifer system in the Bruneau area, Regional Director, Region 1, U.S. Fish and Background Owyhee County, southwestern Idaho. Wildlife Service. U.S. Geological Survey, Water-Resources [FR Doc. 95–22586 Filed 9–11–95; 8:45 am] Canelo Hills ladies’-tresses, Huachuca Investigations Report 93–4001, Boise, BILLING CODE 4310±55±P water umbel, and the Sonora tiger Idaho. salamander occur in a limited number Bruneau Valley Coalition, Inc. 1995. Habitat of wetland habitats in southern Arizona maintenance and conservation plan for and northern Sonora, Mexico. They are the Bruneau hot springsnail, January, DEPARTMENT OF THE INTERIOR 1995. Unpublished plan. threatened by one or more of the Bruneau Valley Coalition, Inc. 1995. Fish and Wildlife Service following—collecting, disease, Proposed amendment to the ‘‘Threatened predation, competition with nonnative and Endangered Species’’ section of the 50 CFR Part 17 species, catastrophic floods, drought, Interim Comprehensive Land Use Plan and degradation and destruction of [RIN 1018±AD11] for the federally and state managed lands habitat resulting from livestock in Owyhee County. Unpublished Endangered and Threatened Wildlife overgrazing, water diversions, dredging, amendment. and groundwater pumping. All three Idaho Water Resources Research Institute. and Plants; Reopening of Comment Period and Notice of Public Hearing on taxa are also threatened with stochastic 1994. Bruneau hot springs aquifer extirpations or extinction due to small restoration report: a preproposal. Proposed Endangered Status for Three Unpublished report, University of Idaho, Wetland Species in Southern Arizona numbers of populations or individuals. Moscow, Idaho. and Northern Sonora A proposed rule to list these species as Lee, J. A. 1994. Summary report for the endangered was published in the control survey of the Bruneau hot AGENCY: Fish and Wildlife Service, Federal Register (60 FR 16836) on April springsnail. Unpublished report, Bureau Interior. 3, 1995. of Land Management, Boise District ACTION: Proposed rule; reopening of Pursuant to 50 CFR 424.16(c)(2), the Office, Boise, Idaho. comment period and notice of public Service may extend or reopen a Mladenka, G. C. 1993. Report on the 1993 hearing. comment period upon finding that there Bruneau hot springsnail site survey. is good cause to do so. Full participation Unpublished report. SUMMARY: The U.S Fish and Wildlife of the affected public in the species Mladenka, G. C. 1995. Bruneau Hot Springs Service (Service) gives notice that a listing process, allowing the Service to invertebrate survey. Unpublished report, public hearing will be held and the consider the best scientific and Stream Ecology Center, Idaho State comment period reopened on the commercial data available in making a University, Pocatello, Idaho. proposed rule to list two plants, Canelo Royer, T. V. and G. W. Minshall. 1993. 1993 final determination on the proposed Hills ladies’-tresses (Spiranthes action, is deeded as sufficient cause. Annual Monitoring Report: Bruneau hot delitescens) and Huachuca water umbel springsnail (Pyrgulopsis bruneauensis). Anyone wishing to make an oral Unpublished report, Stream Ecology (Lilaeopsis schaffneriana spp. recurva), statement for the record is encouraged Center, Idaho State University, Pocatello, and one amphibian, the Sonora tiger to provide a written copy of their Idaho. salamander (Ambystoma tigrinum statement and present it to the Service U.S. Geological Survey. 1995a. Unpublished stebbinsi) as endangered. The hearing at the start of the hearing. In the event letter summarizing results of Bruneau- and the reopening of the comment there is a large attendance, the time area ground water-level and spring period will allow all interested parties allotted for oral statements may have to discharge monitoring data through to submit oral or written comments on be limited. Oral and written statements December 1994. Boise, Idaho. the proposal. U.S. Geological Survey. 1995b. Unpublished receive equal consideration. There are DATES: The public hearing will be held letter commenting on Idaho Water no limits to the length of written Resources Research Institute’s report and from 7 p.m. to 10 p.m. on September 27, comments presented at the hearings or summarizing provisional, spring 1995, in Sierra Vista, Arizona. The mailed to the Service. Legal notices discharge data collected from June 1994 comment period for this proposal will announcing the dates, times, and through July 1995 from three hot springs be reopened on September 11, 1995 and locations of the hearings will be above Hot Creek, Idaho. will close on October 27, 1995. published in newspapers concurrently Varricchione, J. T. and G. W. Minshall. 1995. Comments must be received by the with the Federal Register notice. 1994 Monitoring Report: Bruneau hot closing date. Any comments that are Previous comment periods on this springsnail (Pyrgulopsis bruneauensis). received after the closing date may not proposal closed on June 2, 1995 and Technical Bulletin No. 95–14, Idaho be considered in the final decision on July 24, 1995. In order to accommodate Bureau of Land Management. the proposal. Varricchione, J. T. and G. W. Minshall. 1995. this additional hearing, the Service Gut content analysis of wild Gambusia ADDRESSES: The public hearing will be reopens the public comment period. and Tilapia in Hot Creek, Bruneau, held at the Buena Performing Arts Written comments may now be Idaho. Unpublished report, Idaho State Center, Buena High School, 5225 Buena submitted until October 27, 1995, to the University, Pocatello, Idaho. School Boulevard, Sierra Vista, Arizona. Service office in the ADDRESSES section. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules 47341 Author ADDRESSES: Comments on the proposed This measure does not have any time The primary author of this notice is rule must be sent to Robert Sadler, constraints or upper limits for the Jeffrey A. Humphrey (see ADDRESSES). Southeast Regional Office, NMFS, 9721 digression. Application of this approach Executive Center Drive N., St. is risk prone in that it would not assure Authority Petersburg, FL 33702. the prevention of overfishing before the The authority for this action is the Requests for copies of Amendment 11, Council could take corrective action. Endangered Species Act of 1973 (16 which includes an environmental Therefore, NMFS has determined that U.S.C. 1531–1544 et seq.). assessment, a regulatory impact review this measure is inconsistent with Dated: September 8, 1995. (RIR), and an initial regulatory National Standard 1 of the Magnuson flexibility analysis (IRFA), should be Jay L. Gerst, Act. Accordingly, the Director, sent to the Gulf of Mexico Fishery Southeast Region, NMFS (Regional Acting Director, Fish and Wildlife Service. Management Council, 5401 West [FR Doc. 95–22794 Filed 9–11–95; 8:45 am] Director), finds that this provision must Kennedy Boulevard, Suite 331, Tampa, be disapproved under the Magnuson BILLING CODE 4310±55±M FL 33609. Act and has not included it in this Comments regarding the collection-of- proposed rule. information requirement contained in DEPARTMENT OF COMMERCE this proposed rule should be sent to Biological Generation Time Edward E. Burgess, Southeast Regional National Oceanic and Atmospheric Office, NMFS, 9721 Executive Center The FMP’s procedure provides for Administration Drive, St. Petersburg, FL 33702 and to specification of a recovery period for each stock up to 1.5 times the biological 50 CFR Part 641 the Office of Information and Regulatory Affairs, Office of Management and generation time. The ‘‘biological [Docket No. 950810±206±5224±02; I.D. Budget (OMB), Washington, DC 20503 generation time’’ specified in the FMP is 082395A] (Attention: NOAA Desk Officer). equal to the age at which the average female achieves half of her expected RIN 0648±AG29 FOR FURTHER INFORMATION CONTACT: lifetime egg production. Recovery Michael E. Justen or Robert Sadler, 813– periods longer than 1.5 times the Reef Fish Fishery of the Gulf of 570–5305. Mexico; Amendment 11 biological generation time may be SUPPLEMENTARY INFORMATION: The reef proposed by amendment to the FMP. AGENCY: National Marine Fisheries fish fishery of the Gulf of Mexico is Service (NMFS), National Oceanic and managed under the FMP. The FMP was The Council is proposing to increase Atmospheric Administration (NOAA), prepared by the Gulf of Mexico Fishery the upper limit for specification of the Commerce. Management Council (Council) and is recovery period for red snapper from 1.5 ACTION: Proposed rule, request for implemented through regulations at 50 to 2.0 times the biological generation comments. CFR part 641 under the authority of the time, or other biologically based Magnuson Act. recovery period developed by the Reef SUMMARY: NMFS issues this proposed Fish Stock Assessment Panel, rule to implement Amendment 11 to the Minor Revisions to the FMP’s Socioeconomic Panel, Scientific and Fishery Management Plan for the Reef Procedure Statistical Committee, and Advisory Fish Resources of the Gulf of Mexico The Council has proposed editorial Panel and approved by the Council. The (FMP). Amendment 11 proposes to changes to the FMP’s annual procedure upper limit of 2.0 times the biological revise the framework procedure for for specifying total allowable catch generation time equates to a maximum modifying management measures, (TAC) to reflect its current practice of recovery target year of 2017, assuming a change the definition of optimum yield Socioeconomic Panel review of the biological generation time for red (OY), restrict the sale/purchase of reef annual stock assessments. The Council snapper of 13.6 years (with a natural fish harvested from the exclusive also proposes to specify in the mortality rate estimate of M = 0.2). economic zone (EEZ) to permitted reef procedure that the recovery period will fish vessels/dealers, allow transfer of The Council selected this alternative be set by the Council, not the Stock because many fishermen are heavily reef fish permits and fish trap Assessment Panel. These changes are endorsements under specified dependent on red snapper, and the described in Amendment 11 and are not increased flexibility will allow greater circumstances, implement a new reef repeated here. fish permit moratorium, and require consideration of social and economic charter vessel and headboat permits. Allowance for TAC to Exceed considerations in the recovery schedule NMFS, based on a preliminary Allowable Biological Catch for this species. evaluation of Amendment 11, has The Council has proposed to modify Given the known overfished state of disapproved three of the measures in the language of the procedure to allow the red snapper stock, this change the amendment because they are TAC to exceed the allowable biological increases the chances of a stock collapse inconsistent with the Magnuson Fishery catch (ABC) level specified for stocks in the event of one or more year class Conservation and Management Act not assessed as overfished. The purpose recruitment failures rather than assuring (Magnuson Act). The proposed rule of this measure is to allow a digression the prevention of overfishing. would implement the remaining from maintaining TAC at or below ABC Accordingly, NMFS has determined that measures in Amendment 11. The when necessary to address short-term this measure is inconsistent with intended effects of the proposed rule are economic or social concerns. The National Standards 1 (prevention of to improve procedures for timely Council’s intent is to ease restrictions in overfishing) and 2 (best available management, relieve restrictions and setting TAC, and to make the FMP scientific information). Accordingly, the hardships, and enhance enforceability consistent with similar language in the Regional Director finds that this of the regulations. Fishery Management Plan for the provision must be disapproved under DATES: Written comments must be Coastal Migratory Pelagic Resources of the Magnuson Act and therefore has not received on or before October 27, 1995. the Gulf of Mexico and South Atlantic. included it in this proposed rule. 47342 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules Changes to the FMP’s Definition of conservation and management measures November 19, 1992, were denied the Optimum Yield selected to achieve OY will actually privilege of fishing in that fishery. The current definition of OY is to prevent overfishing. Amendment 11 would allow a one-time transfer of fish trap endorsements in stabilize long-term population levels of Restrictions on Reef Fish Transactions all reef fish species by establishing a effect on September 12, 1995, to vessels To ensure that catches of reef fish are certain survival rate of biomass into the with a commercial vessel permit whose properly tracked, the sale of reef fish owners have a record of landings of reef stock of spawning age to achieve at least harvested by a vessel with a Federal 20 percent spawning potential ratio fish from traps in the EEZ, as reported commercial permit would be allowed on fishing vessel logbooks received by (SPR). The Council considered several only to a federally permitted dealer. A OY definitions based on the the Science and Research Director from federally permitted dealer would be November 20, 1992, through February 6, recommendation of the SPR Strategy allowed to purchase reef fish harvested Committee that OY should not be the 1994. The proposed transfer of current in the EEZ only from a vessel with a endorsements, some of which are not same as the definition of overfishing. Federal commercial reef fish permit. being used to fish traps, would provide The Council proposes to set OY based These requirements would: (1) Improve the opportunity to participate in the fish on an SPR level corresponding to F 0.1 quota monitoring by providing a census trap fishery for the duration of the until an alternative operational of reef fish dealers; (2) enhance the moratorium to persons who entered the definition that optimizes ecological, enforceability of the dealer and vessel fishery without being aware of the economic, and social benefits to the permit requirements; and (3) aid in impending moratorium and were Nation has been developed by Reef Fish verifying required vessel logbook subsequently excluded. Stock Assessment Panel, Socioeconomic submissions. Panel, Scientific and Statistical Moratorium on Reef Fish Commercial Committee, and Reef Fish Advisory Transfer of Fish Trap Endorsements Vessel Permits Panel, and approved by the Council. Currently, transfer of a fish trap The current moratorium on issuance Under current management conditions, endorsement is allowed upon change of of new commercial vessel permits in the SPR at F0.1 is approximately 34 percent ownership of a vessel with a fish trap reef fish fishery is scheduled to end on for red snapper, 46 percent for red endorsement from one to another of the December 31, 1995. Amendment 11 grouper, and 48 percent for gag. following: Husband, wife, son, daughter, proposes a new moratorium while the The proposed management regime brother, sister, mother, or father. No Council considers limited access for the sets OY for each stock based on a provisions are made for permanent or reef fish fishery. Commercial permits spawning potential ratio (SPR) level temporary transfers of fish trap under the new moratorium would be corresponding to F0.1 until an alternative endorsements when a vessel with such restricted initially to vessels whose operational definition that optimizes endorsement has a change of ownership permits are eligible for renewal on ecological, economic and social benefits that is directly related to the disability December 31, 1995. Under the proposed to the Nation has been developed. or death of the owner. The Council has new moratorium, an owner whose However, the Southeast Fisheries learned of hardships that have resulted earned income qualified for the permit Science Center (SEFSC) has determined from the non-transferability of fish trap may transfer the permit to the owner of that the analysis underlying this OY endorsements upon the disability or another vessel or to a person purchasing definition is incomplete. For example, death of the vessel owner. To alleviate the commercially permitted vessel. the Council’s document failed to such hardships, the Council proposes Such new owner may receive a address the relationship between this that the Regional Director have commercial permit for that vessel, and formula and the issues of bycatch and authority to transfer or revise the fish renew it for the first calendar year after minimum size. A complete analysis of trap endorsements, either temporarily or obtaining it, without meeting the earned the impact of bycatch and minimum permanently, upon the disability or income requirement. However, to renew size on the formula would reveal death of such owner. Transfer/revision the commercial vessel permit for the extreme ranges in SPR targets from year would be in accordance with second calendar year after the transfer, to year, causing significant instability in instructions of the owner or his/her the new owner must meet the earned the fishery. Without a thorough review legal guardian, in the case of a disabled income requirement not later than the of the impacts of this proposed OY owner, or of the will or executor of the first calendar year after the vessel definition, this information cannot be estate, in the case of a deceased owner. acquires the permit. considered the best scientific The proposed moratorium would One-time Transfer of Fish Trap information available. Therefore, NMFS continue for up to 5 years, that is, Endorsements has determined that this measure is through not later than December 31, inconsistent with National Standard 2. The regulations implementing 2000, while the Council considers a Accordingly, the Regional Director finds Amendment 5 (59 FR 966, January 7, permanent limited access system for the that this provision must be disapproved 1994) established a fish trap reef fish fishery. Section 303 of the under the Magnuson Act and it is not endorsement to the vessel permit that Magnuson Act provides that the Council included in this proposed rule. allowed use of fish traps by certain may establish a system for limiting Use of F0.1 to define OY also would fishermen and established a 3-year access to the fishery in order to achieve be inconsistent with National Standard moratorium on the issuance of OY if, in developing such system, the 1. Under National Standard 1, the most additional endorsements, effective Council takes into account several important limitation on the February 7, 1994. To qualify for the factors. As the proposed moratorium has specification of OY is that the choice of endorsement, persons must have had implications of limited access, OY, and the conservation and logbook records of landings of reef fish Amendment 11 contains the Council’s management measures designed to from traps during the period 1991 determinations on those factors. achieve it, must prevent overfishing. through November 19, 1992. Some Charter Vessel and Headboat Permits Since use of F0.1 is not appropriate for persons who had invested in gear and the reef fish fisheries, there is no vessels to participate in the trap fishery, Currently, permits are required to assurance that the choice of OY and the but had not participated prior to operate as charter vessels or headboats Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules 47343 in the EEZ under the FMP for coastal Amendment 11, will take into account Each of the above reporting burden migratory pelagic resources, but not for the data, views, and comments received estimates includes the time for reef fish. Amendment 11 proposes that during the comment period. reviewing instructions, searching reef fish charter vessels and headboats This proposed rule has been existing data sources, gathering and be required to obtain annual permits. determined to be not significant for maintaining the data needed, and Such permits would aid in monitoring purposes of E.O. 12866. completing and reviewing the this segment of the fishery and in The Council prepared an IRFA as part collections of information. Send identifying vessels that may qualify for of the RIR, which describes the impacts comments regarding any of these the 2 day possession limit applicable to this proposed rule would have on small reporting burden estimates or any other charter vessels and headboats under entities, if adopted. The impacts are aspects of the collections of information, certain conditions. Other benefits summarized as follows: including suggestions for reducing the include: Use of permit sanctions for All of the commercial and charter burdens, to NMFS and OMB (see curbing the activities of repeat vessel/headboat businesses are small ADDRESSES). offenders, efficient deployment of entities that would be affected by one or enforcement resources, and more of the actions in the proposed rule. List of Subjects in 50 CFR Part 641 improvement of basic statistics for use In terms of revenues and costs: Fisheries, Fishing, Reporting and in assessing impacts of alternative (1) The restrictions on reef fish recordkeeping requirements. transactions between permitted vessels regulations. Dated: September 6, 1995. The Council suggested that, as a and permitted dealers would marginally Gary Matlock, criterion for charter vessel/headboat decrease revenues and increase costs; permits, such vessels must possess the (2) the reduction of restrictions on Program Management Officer, National appropriate licenses required by the transfer of fish trap endorsements would Marine Fisheries Service. state from which it operates. All of the increase revenues to fish trappers; (3) For the reasons set out in the Gulf states have license requirements. the charter vessel/headboat permit preamble, 50 CFR part 641 is proposed NMFS concurs with the aim of ensuring requirement would increase costs for to be amended as follows: compatibility of state and Federal that sector; and (4) the new permit requirements in this regard, but finds moratorium would affect the revenues PART 641ÐREEF FISH FISHERY OF this suggestion to be unnecessarily of current commercial operators in a THE GULF OF MEXICO burdensome. To put it into effect, the positive manner relative to the status 1. The authority citation for part 641 Regional Director would have to know quo. continues to read as follows: and apply the licensing requirements of Under the status quo, the current Authority: 16 U.S.C. 1801 et seq. each of the five Gulf states. In lieu of permit moratorium would cease and a such criterion, the Regional Director larger number of entrants to the fishery 2. In § 641.4, paragraphs (o) and (p) will periodically advise the appropriate would be expected. This would tend to are removed; paragraphs (a) and (b), the authorities of each state of charter decrease the revenues of current first sentence of paragraph (f)(1), the vessel/headboat permits issued for participants by more than 5 percent, first sentence of paragraph (h), vessels of that state. Each state may then although neither the number of new paragraphs (m) and (n) are revised to take appropriate action under its entrants nor their combined levels of read as follows: efforts can be estimated. Hence, the new authority. § 641.4 Permits and fees. The Council wishes to advise charter moratorium can be considered to have vessel and headboat owners and a positive effect on revenues greater (a) Applicability—(1) Commercial operators that income requirements may than 5 percent. No entities are expected vessel permits. be considered as a criterion for charter to be forced to cease operations. A copy (i) As a prerequisite to selling reef fish vessel/headboat permits in a future of the IRFA is available from the in or from the EEZ and to be eligible for amendment to the FMP. Council (see ADDRESSES). exemption from the bag limits specified This rule contains a collection-of- in § 641.24(b) for reef fish in or from the Availability of Amendment 11 information requirement subject to the EEZ, an annual commercial vessel Additional background and rationale Paperwork Reduction Act. This permit for reef fish must be issued to the for the measures discussed above are requirement has been submitted to OMB vessel and must be on board. However, contained in Amendment 11, the for approval. Specifically, applications see paragraph (m) of this section availability of which was announced in would be required for charter vessel/ regarding a moratorium on commercial the Federal Register (60 FR 45392, headboat permits. The public reporting vessel permits. August 31, 1995). burden for this collection of information (ii) To obtain or renew a commercial is estimated to average 20 minutes per vessel permit, the owner or operator of Classification response. This rule revises the the vessel must have derived more than Section 304(a)(1)(D) of the Magnuson collections of information relating to 50 percent of his or her earned income Act requires NMFS to publish applications for commercial vessel from commercial fishing, that is, sale of regulations proposed by a Council permits and applications for fish trap the catch, or from charter or headboat within 15 days of receipt of an endorsements, which are currently operations during either of the 2 amendment and regulations. At this approved under OMB Control No. 0648– calendar years preceding the time, NMFS has not determined that 0205 and have public reporting burdens application. (See paragraph (m)(3) of Amendment 11 is consistent with the estimates of 20 minutes per response, this section for a limited exception to national standards, other provisions of each. Their reporting burden estimates this requirement.) For a vessel owned by the Magnuson Act, and other applicable are unchanged. This rule repeats the a corporation or partnership, the earned laws, except for those parts of collection of information requirement income requirement must be met by an Amendment 11 specifically for dealer permits, which is currently officer or shareholder of the corporation, disapproved, as discussed above. approved under OMB Control No. 0648– a general partner of the partnership, or NMFS, in making that determination 0205 and has a public reporting burden the vessel operator. A commercial vessel with respect to the remaining parts of estimate of 5 minutes per response. permit issued upon the qualification of 47344 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules an operator is valid only when that (v) Any other information that may be of paragraph (a)(1)(ii) of this section. person is the operator of the vessel. necessary for the issuance or However, to renew the commercial (iii) A qualifying owner or operator of administration of the permit. vessel permit for the second calendar a charter vessel or headboat may obtain (3) In addition, an applicant for a year after the transfer, the new owner a commercial vessel permit. However, a commercial vessel permit— must meet that earned income charter vessel or headboat must adhere (i) Must provide documentation of requirement not later than the first to the bag limits when operating as a earned income that meets the criteria of calendar year after the permit transfer charter vessel or headboat. paragraph (a)(1)(ii) of this section; and takes place. (2) Fish trap endorsements. To (ii) If fish traps will be used to harvest (4) A commercial vessel permit that is possess or use a fish trap in the EEZ, a reef fish, must provide the following not renewed or that is revoked will not commercial vessel permit for reef fish information: be reissued. A permit is considered to with a fish trap endorsement must be (A) The number, dimensions, and be not renewed when an application for issued to the vessel and must be on estimated cubic volume of the fish traps renewal is not received by the Regional board. However, see paragraph (n) of that will be used; and Director within 1 year of the expiration this section regarding a moratorium on (B) The applicant’s desired color code date of the permit. fish trap endorsements. In addition, a for use in identifying his or her vessel (n) Moratorium on fish trap color code for marking the vessel and and buoys (white is not an acceptable endorsements. The provisions of this trap buoys must be obtained from the color code). paragraph (n) are effective through Regional Director—see § 641.6. * * * * * February 7, 1997. (1) A fish trap endorsement will not (3) Charter vessel/headboat permits. (f) * * * (1) The Regional Director will be issued or renewed unless the current For a person on board a charter vessel issue a permit at any time to an owner of the commercially permitted or headboat to fish for or possess a reef applicant if the application is complete vessel for which the endorsement is fish in or from the EEZ, a charter vessel/ and, in the case of an application for a requested has a record of landings of headboat permit for reef fish must be commercial vessel permit, the applicant reef fish from fish traps in the EEZ of issued to the vessel and must be on meets the earned income requirement the Gulf of Mexico during 1991 or 1992, board. specified in paragraph (a)(1)(ii) of this section. * * * as reported on fishing vessel logbooks (4) Dealer permits. A dealer who received by the Science and Research receives from a fishing vessel reef fish * * * * * Director on or before November 19, harvested from the EEZ must obtain an (h) * * * A vessel permit or 1992. An owner will not be issued fish annual dealer permit. To be eligible for endorsement or dealer permit issued trap endorsements for vessels in such permit, an applicant must have a under this section is not transferable or numbers exceeding the number of valid state wholesaler’s license in the assignable, except as provided under vessels for which the owning entity had state(s) where the dealer operates, if paragraph (m) of this section for a the requisite reported landings in 1991 required by such state(s), and must have commercial vessel permit or as provided or 1992. a physical facility at a fixed location in under paragraph (n) of this section for (2) An owner of a vessel with a fish such state(s). a fish trap endorsement. * * * trap endorsement may transfer the (b) Application for a vessel permit. (1) * * * * * endorsement to another vessel owned An application for a commercial vessel (m) Moratorium on commercial vessel by the same entity by returning the permit or a charter vessel/headboat permits. This paragraph (m) is effective existing endorsement with an permit must be submitted to the through December 31, 2000. application for an endorsement for the Regional Director and signed by the (1) Except for an application for replacement vessel. owner (in the case of a corporation, a renewal of an existing commercial (3) A fish trap endorsement is not qualifying officer or shareholder; in the vessel permit or as provided in transferable upon change of ownership case of a partnership, a qualifying paragraphs (m)(2) and (m)(3) of this of a vessel with a fish trap endorsement, general partner) or operator of the section, no applications for commercial except as follows: vessel. After receipt of a complete vessel permits will be accepted. (i) A fish trap endorsement is application, at least 30 days must be (2) An owner of a permitted vessel transferable when the change of allowed for processing the application may transfer the commercial vessel ownership of the permitted vessel is and issuing a permit. All permits are permit to another vessel owned by the from one to another of the following: mailed to owners, whether the applicant same entity by returning the existing Husband, wife, son, daughter, brother, is an owner or an operator. permit with an application for a sister, mother, or father. (2) An applicant must provide the commercial vessel permit for the (ii) In the event that a vessel with a following: replacement vessel. fish trap endorsement has a change of (i) A copy of the vessel’s valid U.S. (3) An owner whose earned income ownership that is directly related to the Coast Guard certificate of qualified for the commercial vessel disability or death of the owner, the documentation or, if not documented, a permit may transfer that permit to the Regional Director may issue a fish trap copy of its valid state registration owner of another vessel or to the new endorsement, temporarily or certificate. owner when he or she sells the permanently, with the reef fish (ii) The vessel’s name and official permitted vessel. The owner of a vessel commercial permit that is issued for the number. that is to receive the transferred permit vessel under the new owner. Such new (iii) The name, address, telephone must return the existing permit to the owner will be the person specified by number, and other identifying Regional Director with an application the owner or his/her legal guardian, in information of the owner and of the for a commercial vessel permit for his or the case of a disabled owner, or by the applicant, if other than the owner. her vessel. Such new owner may receive will or executor/administrator of the (iv) Any other information concerning a commercial vessel permit for that estate, in the case of a deceased owner. the vessel, gear characteristics, principal vessel, and renew it for the first (Change of ownership of a vessel with fisheries engaged in, or fishing areas calendar year after obtaining it, without a commercial reef fish permit upon requested by the Regional Director. meeting the earned income requirement disability or death of an owner is Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules 47345 considered a purchase of a permitted permit’’ is removed and the phrase respectively, and new § 641.28 is added vessel and paragraph (m)(3) of this ‘‘commercial reef fish permit’’ is added to read as follows: section applies regarding a commercial in its place. § 641.28 Restrictions on sale/purchase. reef fish permit for the vessel under the 4. In § 641.7, paragraphs (a), (y), and new owner.) (bb) are revised, paragraphs (cc) and (a) A reef fish harvested in the EEZ by (4) A fish trap endorsement in effect (dd) are redesignated as paragraphs (ee) a vessel that does not have a valid on September 12, 1995, may be and (ff), respectively, and new commercial permit, as required by transferred to a vessel with a paragraphs (cc) and (dd) are added to § 641.4(a)(1), or possessed under the bag commercial vessel permit whose owner read as follows: limits specified in § 641.24(b), may not has a record of landings of reef fish from be purchased, bartered, traded, or sold, fish traps in the EEZ, as reported on § 641.7 Prohibitions. or attempted to be purchased, bartered, fishing vessel logbooks received by the * * * * * traded, or sold. Science and Research Director from (a) Falsify information specified in (b) A reef fish harvested on board a November 20, 1992, through February 6, § 641.4(b) or (c) on an application for a vessel for which a valid commercial 1994, and who was unable to obtain a permit or endorsement, or information permit has been issued under § 641.4 fish trap endorsement under paragraph regarding transfer or revision of a permit may be sold, traded, or bartered or (n)(1) of this section. The owner of a or endorsement. attempted to be sold, traded, or bartered vessel that is to receive the transferred * * * * * only to a dealer who has a valid permit endorsement must return the currently issued under § 641.4. endorsed commercial permit and the (y) Use or possess in the EEZ a fish unendorsed permit to the Regional trap without a valid fish trap (c) A reef fish harvested in the EEZ Director with an application for a fish endorsement, as specified in may be purchased, traded, or bartered or trap endorsement for his or her vessel. § 641.4(a)(2). attempted to be purchased, traded, or Revised commercial permits will be * * * * * bartered by a dealer who has a valid returned to each owner. (bb) Receive from a fishing vessel, by permit issued under § 641.4 only from a (5) If a fish trap endorsement is purchase, trade, or barter, without a vessel for which a valid commercial transferred under paragraph (n)(3) or dealer permit, reef fish harvested from permit has been issued under § 641.4. (n)(4) of this section, the owner of the the EEZ, as specified in § 641.4(a)(4). §§ 641.2, 641.23, 641.24, 641.25, and 641.27 vessel to which the endorsement is (cc) Sell, trade, or barter or attempt to [Amended] transferred may renew the endorsement sell, trade, or barter reef fish harvested 6. In addition to the amendments set without regard to the requirement of on board a vessel for which a paragraph (n)(1) of this section forth above, in 50 CFR part 641 remove commercial permit has been issued the word ‘‘permit’’ and add, in its place, regarding a record of landing of reef fish under § 641.4 to a dealer that does not from fish traps. the words ‘‘commercial permit’’ in the have a permit issued under § 641.4, as following places: (6) A fish trap endorsement that is not specified in § 641.28(a). (a) Section 641.2 in the definitions of renewed or that is revoked will not be (dd) As a permitted dealer, purchase, ‘‘Charter vessel’’ and ‘‘Headboat’’; reissued. A fish trap endorsement is trade, or barter or attempt to purchase, considered to be not renewed when an trade, or barter reef fish harvested on (b) Section 641.23(d)(2)(iii); application for renewal is not received board a vessel that does not have a (c) Section 641.24(a)(1)(ii)(A); by the Regional Director within 1 year commercial permit issued under (d) Section 641.25 introductory text; of the expiration date of the permit. § 641.4, as specified in § 641.28(b). and § 641.5 [Amended] * * * * * (e) Section 641.27(a). 3. In § 641.5, in the first sentence of 5. Sections 641.28 and 641.29 are [FR Doc. 95–22551 Filed 9–7–95; 9:35 am] paragraph (c), the phrase ‘‘reef fish redesignated as §§ 641.29 and 641.30, BILLING CODE 3510±22±F 47346 Notices Federal Register Vol. 60, No. 176 Tuesday, September 12, 1995 This section of the FEDERAL REGISTER FSIS Resource Allocation and Other spending mean that FSIS cannot expect contains documents other than rules or Administrative Subjects, PB95–265443. significant increases in its funding in proposed rules that are applicable to the For telephone orders or further future years. Second, Federal agencies public. Notices of hearings and investigations, information on placing an order, call are under a presidential mandate to committee meetings, agency decisions and NTIS at (703) 487–4650 for regular streamline headquarters and support rulings, delegations of authority, filing of service or (800) 553–NTIS for rush petitions and applications and agency functions and reduce the number of statements of organization and functions are service. To access the document senior-level positions. It is thus critical examples of documents appearing in this electronically for ordering and to ensure that FSIS is making the best section. downloading via FedWorld, dial 703– possible use of the resources it has to 321–3339 with a modem or Telnet improve food safety and meet its other fedworld.gov. For technical assistance consumer protection responsibilities. DEPARTMENT OF AGRICULTURE to access FedWorld, call 703–487–4608. The review has involved people from FOR FURTHER INFORMATION CONTACT: all parts of the Agency. A special effort Food Safety and Inspection Service Jeanne Axtell or John McCutcheon, Top- was made to include as many field [Docket No. 95±040N] to-Bottom Review Coordinators, Food representatives as possible when the 10 Safety and Inspection Service, USDA, working teams were formed. FSIS's Top-to-Bottom ReviewÐNotice Room 350–E Administration Building, Outreach Program of Availability of Report Washington, DC, 20250; telephone (202) 720–3521 or (202) 720–2709, An extensive outreach program was AGENCY: Food Safety and Inspection respectively. conducted for FSIS employees and constituents. Internal outreach activities Service, USDA. SUPPLEMENTARY INFORMATION: FSIS is ACTION: Notice. announcing the availability of a were guided by the conviction that the preliminary report titled ‘‘Top-to- Agency’s employees should be kept SUMMARY: The Food Safety and Bottom Review.’’ 1 Volume I is a fully informed about the review at every Inspection Service (FSIS) is announcing comprehensive digest of the full report. stage and that employees’ suggestions the availability of a preliminary report It contains an introduction, summaries should be solicited and considered entitled ‘‘Top-to-Bottom Review.’’ The of the findings of all 10 review teams, throughout the course of the review. A three-day employee call-in was report, which consists of four volumes, and appendices. Volume II contains the held June 12–14. About 250 employees contains analyses and options findings of three teams that examined participated. An additional 131 sent in developed by teams of Agency the Agency’s regulatory roles of the written suggestions, and about 20 more employees who examined the Agency’s future. Volume III contains the findings have used the review’s electronic future roles, resource allocation and of three teams that examined the mailbox to submit their views. This organizational structure. FSIS Agency’s organizational structure. feedback, which consisted of well over particularly seeks comments from all Volume IV contains the findings of the 1000 ideas, comments, and questions, interested parties concerning the remaining four teams that addressed was sorted by subject and provided to regulatory roles analyses and options resource allocation; laboratory the review leaders and teams for found in Volume II. resources; supervisory and managerial consideration. DATES: Comments will be accepted roles; and employees’ knowledge, skills, Constituents received information through October 31, 1995. abilities and training. about the review through a notice in the ADDRESS FOR COMMENTS: Comments The following information provides context for the preliminary report. Federal Register June 20 and mentions should be addressed to: Top-to-Bottom in the FSIS Update, a weekly newsletter Review, Room 350–E, Administration Administrator Michael R. Taylor announced early in 1995 that FSIS faxed to industry groups, consumer Building, Food Safety and Inspection groups, and others who follow the Service, USDA, Washington, DC 20250. would look at itself ‘‘from top to bottom’’ and define for the future the Agency’s activities. Briefings for ORDERS: The report may be obtained by industry and consumer representatives contacting the National Technical Agency’s regulatory roles, resource allocation, and organizational structure were held June 9, with the Information Service (NTIS), U.S. Administrator and review leaders Department of Commerce, 5285 Port in a manner consistent with the goals and strategies of the proposed Pathogen presenting status reports and answering Royal Road, Springfield, VA 22161. Reduction/HACCP (Hazard Analysis questions about the review. Briefings Either paper or diskette copies may be and Critical Control Point) regulation. were also held for Congressional staffs. purchased from NTIS. The resulting Top-to-Bottom Review is Orders for the diskette, which Intent of the Report part of the Agency’s overall initiative to contains all four volumes of the report, The preliminary report is the result of improve the safety of meat and poultry should reference NTIS accession creative brainstorming by a diverse products and better protect consumers. number PB95–505392. Orders for paper The intensive self-examination was array of knowledgeable FSIS employees copies should reference the accession prompted also by two other factors. responding to the Administrator’s call number for the particular volume or First, the Federal deficit and the for bold options. It offers and analyzes volumes desired. They are as follows: resulting pressure to reduce government a range of possible actions and is meant Volume I: Report Digest, PB95–265419; to serve as a basis for internal and Volume II: FSIS Regulatory Roles, 1 The report is available for review in the office external consideration and comment. PB95–265427; Volume III: FSIS of the FSIS Docket Clerk, Room 4352 South The review leaders were concerned Structure, PB95–265435; Volume IV: Agriculture Building, Washington, DC 20250. about the length of the report, which Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47347 exceeds 600 pages. They considered plants, identify potential gaps in the FSIS Resource Allocation and Other consolidating and trimming some of the current inspection program’s ability to Administrative Subjects (See Volume material, but decided instead to retain deliver food safety assurances to the IV) all of it and issue the preliminary report public, and suggest how the gaps might 7. Optimal Resource Allocation in the form of several volumes in order be filled. The team developed a range of to give FSIS employes and constituents options for conducting antemortem and This team’s assignment was to access to the entire body of work postmortem inspection and HACCP determine the optimal balance between produced by each team. Those who do validation and verification. resources allocated to health and safety not want to receive and review the activities and those allocated to entire report can read Volume I, where 3. Separation of Industry and USDA economic adulteration, labeling, and they will find summaries of the Roles misbranding activities. It looked at how complete versions of the teams’ work as FSIS can allocate resources flexibly, The team was charged with presented in Volumes II, III, and IV. with inspectors’ assignments scheduled Some topics are addressed more than determining strategies and techniques to according to the risk presented by once. This apparent duplication of effort better define the distinct roles and certain plants, products, or processes. is intentional. While different teams did responsibilities of FSIS and industry in Several options were considered for examine some of the same issues, they ensuring food safety. It observed that the implementing a new resource allocation did so independently, applying their roles are presently commingled because system. USDA (FSIS) has assumed many own unique perspective and approach. 8. Allocation of Laboratory Resources These differing views will provide the management and consultant functions Agency’s management team with a full in the meat and poultry plants it The team was charged with range of options to consider. regulates. The team identified 13 determining what level of laboratory The teams had just 10 weeks to gather techniques for ‘‘decoupling’’ FSIS from activities is necessary for regulatory the necessary information and discuss the industry and ‘‘decoupling’’ oversight of industry operations and their conclusions. They would have inspection personnel from plants. determining what testing should fall to liked more time to write up the results FSIS and what should be industry’s FSIS Structure (See Volume III) of the work, but the review leaders responsibility. Options were developed elected to issue the preliminary report 4. Organizational Structure for using the FSIS laboratories to on time as a ‘‘work in progress’’ rather support HACCP and other Agency than delay it for further development of The team was charged with programs. the underlying analyses or refinement of determining the optimal structure 9. Supervision and Management Roles the written components. The report needed for headquarters and the field to and Responsibilities serves its purpose of providing Agency carry out the goals and strategies of the This team was asked to determine the management with a wide range of proposed Pathogen Reduction/HACCP nature of future supervisory and options. Further analysis will be regulation, taking into account the managerial responsibilities and examine conducted, as needed, before decisions streamlining goals of the Administration better methods for delivering technical are made. and the reinvention objectives outlined information. It called for analyzing in the National Performance Review. Work of the 10 Review Teams supervisory and managerial jobs to The team developed a model for a new, determine actual knowledge, skills, and The 10 teams that conducted the Top- highly integrated organizational to-Bottom Review are listed below with abilities (KSA’s) required to perform structure for FSIS. It considered several successfully in FSIS and designing a brief and general characterization of ways of streamlining the supervision their work. programs to provide supervisors and and management of the field regulatory managers with the necessary level of FSIS Regulatory Roles (see Volume II of programs. knowledge and skill in HACCP and the Report) 5. Field and Headquarters Support pathogen reduction topics. 1. Farm-to-Table (Outside the Plant) Services 10. Knowledge, Skills, Abilities and Training This team looked at strategies for This team was asked to determine ensuring that food safety programs are what support activities are best This team looked at the KSA’s and functioning throughout the non-plant performed in the field and at training that will be necessary to carry levels of the farm-to-table continuum. headquarters. It suggested numerous out the Agency’s future roles along the Possible FSIS roles were considered ways of modifying the existing structure farm-to-table continuum. It did not, from the pre-harvest animal production so that streamlining goals can be met however, address short-term HACCP environment to the end point of and some of the resources now used for training for FSIS employees. Another preparation and consumption. At every support services can be shifted to new Agency project is addressing the short- point, the team found opportunities to food safety initiatives such as HACCP. term training needs for HACCP-based reduce the likelihood of foodborne The team’s approach included looking inspection. illness. at ways to combine the regional and Comments Sought 2. Inplant Regulatory Roles area office functions to eliminate Through October 31, FSIS welcomes This team analyzed three duplication of services and reduce comments on the preliminary report. representative types of plants support staffing. The Agency is particularly interested in (processing, poultry slaughter, and 6. Policy and Regulation Development receiving comments on Volume II: FSIS livestock slaughter) in order to identify Regulatory Roles. The topics addressed the possible FSIS inspectional and The purpose of this team was to there directly affect how the Agency regulatory roles in each type of examine how policy and regulation deals with the public, and they relate to operation, determine how FSIS development activities can be better implementation of the proposed resources are currently allocated within managed within the Agency. Pathogen Reduction/HACCP regulation. 47348 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices Volumes III and IV address internal FOR FURTHER INFORMATION CONTACT: Agency Approval Number: None. administrative matters primarily related Suzanne M. del Villar, Cooperative Type of Request: New collection. to organizational structure and resource Forestry Staff, (970) 928–9264. Burden: 8,541 hours. allocation. Because of budgetary Dated: September 6, 1995. pressures and the mandate to streamline Joan M. Comanor, Number of Respondents: 18,000. its structure, FSIS is moving Deputy Chief, State and Private Forestry. Avg Hours Per Response: 11 minutes. immediately to examine and further evaluate these administrative portions [FR Doc. 95–22611 Filed 9–11–95; 8:45 am] Needs and Uses: The Census Bureau of the preliminary report. BILLING CODE 3410±11±M requests OMB approval of the various activities and instruments associated Done at Washington, DC, on September 6, with conducting ICM research in two 1995. Olympic Provincial Interagency planned tests –– the 1996 ICM Special Michael R. Taylor, Executive Committee (PIEC), Advisory Test and the 1996 American Indian Acting Under Secretary for Food Safety. Committee Reservation Test. The potential ICM [FR Doc. 95–22633 Filed 9–7–95; 2:53 pm] AGENCY: Forest Service, USDA. activities consist of an independent BILLING CODE 3410±DM±P ACTION: Notice of meeting. listing including a quality assuarnce advance listing, a housing unit followup SUMMARY: The Olympic PIEC Advisory interview including quality assurance DEPARTMENT OF AGRICULTURE Committee will meet on October 12, and evaluation interviews, a person and 1995 at the Skokomish Tribal Center, Forest Service group quarters interview including North 80 Tribal Center Road, Shelton, quality assurance and evaluation National Urban and Community Washington. The meeting will begin at interviews, an outmover tracing Forestry Advisory Council 9:30 a.m. and continue until 3:30 p.m. interview including an evaluation Agenda items are: (1) 1996 Restoration interview, and a dual system estimation AGENCY: Forest Service, USDA. Priorities; (2) Adaptive Management followup interview including an ACTION: Notice of meeting. Planning (share ideas and discuss AMA evaluation interview. Prompted by the plan and product concept); (3) Marbled need to improve statistical methodology SUMMARY: The National Urban and Murrelet Critical Habitat: Process and for estimating population coverage Community Forestry Advisory Council Procedures; (4) Update on ‘‘318’’ and during the decennial census, the Bureau will meet in Baltimore, Maryland, Salvage Sales on the Olympic NF; (5) of the Census developed the ICM October 19–21, 1995, with a tour of 1996 Watershed Analysis Status and local projects scheduled for October 19, Follow-up; (6) Open Forum and Agenda approach. The ICM approach was first 8:00–5:00 p.m. The Council is Items from Advisory Committee; and (7) tested in the 1995 Census Test. Results comprised of 15 members appointed by Public Comments. All Olympic of that test are still under analysis. After the Secretary of Agriculture. The Province Advisory Committee Meetings completing review of the 1995 ICM purpose of the meeting is to receive are open to the public. Interested results, we may determine that some of status reports from prior challenge cost- citizens are encouraged to attend. these operations, quality control share grant recipients and to initiate FOR FURTHER INFORMATION CONTACT: measures, or evaluations are not needed. discussion on the 1995 Annual Report Direct questions regarding this meeting Affected Public: Individuals or for Congress. The meeting will be to Kathy Snow, Province Liaison, households. chaired by William Kruidenier of the USDA, Quilcene Ranger District, P.O. Frequency: One time only. International Society of Arboriculture Box 280, Quilcene, WA 98376, (360) and Genni Cross of The Trust for Public 765–2211 or Ronald R. Humphrey, Respondent’s Obligation: Mandatory. Land/California ReLeaf, the Chair-elect. Forest Supervisor, at (360) 956–2301. OMB Desk Officer: Maria Gonzalez, The meeting is open to the public and (202) 395–7313. time will be provided at the beginning Dated: September 6, 1995. of each major agenda topic for public Ronald R. Humphrey, Copies of the above information input. However, in order to schedule Forest Supervisor. collection proposal can be obtained by public input, time to speak must be [FR Doc. 95–22585 Filed 9–11–95; 8:45 am] calling or writing Gerald Tache´, DOC requested by October 12, 1995. Council BILLING CODE 3410±11±M Forms Clearance Officer, (202) 482– discussion is limited to Forest Service 3271, Department of Commerce, Room staff and Council members. Persons who 5312, 14th and Constitution Avenue, wish to bring urban and community DEPARTMENT OF COMMERCE NW, Washington, DC 20230. forestry matters to the attention of the Written comments and Council may file written statements Agency Form Under Review by the recommendations for the proposed with the Council staff before or after the Office of Management and Budget information collection should be sent to meeting. DOC has submitted to the Office of Maria Gonzalez, OMB Desk Officer, DATES: The meeting will be held Management and Budget (OMB) for Room 10201, New Executive Office October 19–21, 1995. clearance the following proposal for Building, Washington, DC 20503. ADDRESSES: The meeting will be held at collection of information under the Dated: September 7, 1995. the Latham Hotel, 612 Cathedral Street, provisions of the Paperwork Reduction Gerald Tache´, Baltimore, Maryland. Act (44 U.S.C. chapter 35). Send written statements and/or Agency: Bureau of the Census. Departmental Forms Clearance Officer, Office proposed agenda items to Suzanne M. Title: 1996 Integrated Coverage of Management and Organization. del Villar, Executive Assistant, National Measurement (ICM) Activities. [FR Doc. 95–22560 Filed 9–11–95; 8:45 am] Urban and Community Forestry Form Number(s): CAPI Instrument, BILLING CODE 3510±07±F Advisory Council, 1042 Park West DT–1301, DT–1320, DT–1309(L), DT– Court, Glenwood Springs, CO 81601. 1314, DT–1315, DT–1340, DT–1377. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47349 International Trade Administration Order, Finding, or Suspended (the Department) Regulations (19 CFR Investigation. 353.22/355.22 (1993)), that the Antidumping or Countervailing Duty Department conduct an administrative Order, Finding, or Suspended Background review of that antidumping or Investigation; Opportunity To Request countervailing duty order, finding, or Administrative Review Each year during the anniversary suspended investigation. month of the publication of an Opportunity to Request a Review AGENCY: Import Administration, antidumping or countervailing duty International Trade Administration, order, finding, or suspension of Not later than September 30, 1995, Department of Commerce. investigation, an interested party, as interested parties may request defined in section 771(9) of the Tariff administrative review of the following ACTION: Notice of Opportunity to Act of 1930, as amended, may request, orders, findings, or suspended Request Administrative Review of in accordance with section 353.22 or investigations, with anniversary dates in Antidumping or Countervailing Duty 355.22 of the Department of Commerce September for the following periods: Period Antidumping Duty Proceedings Argentina: Silicon Metal (A–357–804) ...... 09/01/94–08/31/95 Canada: Replacement Parts for Self-propelled Bituminous Paving Parts (A–122–057) ...... 09/01/94–08/31/95 Canada: Steel Jacks (A–122–006) ...... 09/01/94–08/31/95 Canada: Steel Rail (A–122–804) ...... 09/01/94–08/31/95 Germany: Certain Forged Steel Crankshafts (A–428–604) ...... 09/01/94–08/31/95 Italy: Pads for Woodwind Instrument Keys (A–475–017) ...... 09/01/94–08/31/95 Japan: Filament Fabric (A–588–607) ...... 09/01/94–08/31/95 Taiwan: Chrome-Plated Lug Nuts: (A–583–810) ...... 09/01/94–08/31/95 The People’s Republic of China: Chrome-Plated Lug Nuts (A–570–808) ...... 09/01/94–08/31/95 The People’s Republic of China: Greige polyester/Cotton printcloth (A–570–101) ...... 09/01/94–08/31/95 The People’s Republic of China: CDIW Fittings & Glands (A–570–820) ...... 09/01/94–08/31/95 United Kingdom: Certain Forged Steel Crankshafts (A–412–602) ...... 09/01/94–08/31/95 Suspension Agreements Argentina: Certain Carbon Steel Wire Rod (C–357–004) ...... 01/01/94–12/31/95 Peru: Cotton Shop Towels (C–333–401) ...... 01/01/94–12/31/95 Countervailing Duty Proceedings Argentina: Line Pipe (C–357–801) ...... 01/01/94–12/31/94 Argentina: Standard Pipe (C–357–801) ...... 01/01/94–12/31/94 Argentina: Light-Walled Rectangular Tubing (C–357–801) ...... 01/01/94–12/31/94 Argentina: Heavy-Walled Rectangular Tubing (C–357–801) ...... 01/01/94–12/31/94 Canada: New Steel Rail, Except Light Rail (C–122–805) ...... 01/01/94–12/31/94 Israel: Fresh Cut Roses (C–508–064) ...... 01/01/94–12/31/94 New Zealand: Steel Wire (C–614–601) ...... 07/01/94–12/31/94 Thailand: Steel Wire Rope (C–549–806) ...... 01/01/94–12/31/94 Venezuela: Circular Welded Nonalloy Steel Pipe (C–307–806) ...... 01/01/94–12/31/94 In accordance with sections 353.22(a) Secretary to review sales of merchandise The Department will publish in the and 355.22(a) of the regulations, an by an exporter (or a producer if that Federal Register a notice of ‘‘Initiation interested party as defined by section producer also exports merchandise from of Antidumping (Countervailing) Duty 353.2(k) may request in writing that the other suppliers) which were produced Administrative Review,’’ for requests Secretary conduct an administrative in more than one country of origin, and received by September 30, 1995. If the review. The Department has changed its each country of origin is subject to a Department does not receive, by requirements for requesting reviews for separate order, then the interested party September 30, 1995, a request for review countervailing duty orders. Pursuant to must state specifically, on an order-by- of entries covered by an order or finding 19 C.F.R. 355.22(a) of the Department’s order basis, which exporter(s) the listed in this notice and for the period Interim Regulations (60 FR 25137 (May request is intended to cover. identified above, the Department will 11, 1995)), an interested party must Seven copies of the request should be instruct the Customs Service to assess specify the individual producers or submitted to the Assistant Secretary for antidumping or countervailing duties on exporters covered by the order for Import Administration, International those entries at a rate equal to the cash which they are requesting a review. Trade Administration, Room B–099, deposit of (or bond for) estimated Therefore, for both antidumping and U.S. Department of Commerce, antidumping or countervailing duties countervailing duty reviews, the Washington, D.C. 20230. The required on those entries at the time of interested party must specify for which Department also asks parties to serve a entry, or withdrawal from warehouse, individual producers or exporters copy of their requests to the Office of covered by an antidumping finding or Antidumping Compliance, Attention: for consumption and to continue to an antidumping or countervailing duty Pamela Woods, in room 3065 of the collect the cash deposit previously order it is requesting a review, and the main Commerce Building. Further, in ordered. requesting party must state why it accordance with section 353.31(g) or This notice is not required by statute, desires the Secretary to review those 355.31(g) of the regulations, a copy of but is published as a service to the particular producers or exporters. If the each request must be served on every international trading community. interested party intends for the party on the Department’s service list. 47350 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices Dated: September 6, 1995. Special Accommodations impact on the quality of the natural or Joseph A. Spetrini, These meetings are physically human environment. Transfer to the Deputy Assistant Secretary for Compliance. accessible to people with disabilities. USFWS would provide for the further [FR Doc. 95–22745 Filed 9–11–95; 8:45 am] Requests for sign language enhancement of the natural resources at BILLING CODE 3510±DS±M interpretation or other auxiliary aids the WRF property. Accordingly, an should be directed to Helen Allen, (907) Environmental Impact Statement will 271–2809. not be prepared. National Oceanic and Atmospheric DATES: Inquiries will be accepted by no Dated: September 7, 1995. Administration later than October 12, 1995. Richard W. Surdi, ADDRESSES: [I.D. 090595B] Acting Director, Office of Fisheries For further information on Conservation and Management, National the Environmental Assessment or this North Pacific Fishery Management Marine Fisheries Service. Finding of No Significant Impact (FNSI), Council; Team Teleconferences [FR Doc. 95–22746 Filed 9–8–95; 2:13 pm] write to Maria dela Torre, U.S. Army Corps of Engineers, Baltimore District, AGENCY: National Marine Fisheries BILLING CODE 3510±22±F Service (NMFS), National Oceanic and ATTN: CENAB–PL–EM, P.O. Box 1715, Atmospheric Administration (NOAA), Baltimore, Maryland 21203–1715. Commerce. DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: ACTION: Notice of teleconferences. Maria dela Torre at (410) 962–2911. Department of the Army Dated: September 6, 1995. SUMMARY: The North Pacific Fishery Raymond J. Fatz, Management Council’s (Council) Crab Finding of No Significant Impact for Acting Deputy Assistant Secretary of the Plan Team and Individual Fishery the Environmental Assessment for Disposal of the Woodbridge Research Army (Environmental, Safety and Quota (IFQ) Implementation Team have Occupational Health) OASA (IL&E). Facility, Woodbridge, VA each scheduled a teleconference during [FR Doc. 95–22612 Filed 9–11–95; 8:45 am] the month of September. AGENCY: Department of the Army, DOD. BILLING CODE 3710±08±M DATES: IFQ Implementation Team: ACTION: Notice of availability. September 13, 1995, at 9:00 a.m., Alaska Time. Crab Plan Team: September 21, SUMMARY: In August 1994, Public Law Department of the Navy 1995, 1:00 p.m., Alaska Time. (PL), 103–307, Provision 128 (Military Both conferences will continue until Construction Appropriations Act, 1995), Board of Visitors to the United States business is completed. was signed, mandating the transfer of Naval Academy; Closed Meeting ADDRESSES: Listening sites for the the Woodbridge Research Facility public will be provided in Seattle, WA, (WRF) property in its entirety to the Pursuant to the provisions of the and Juneau, Anchorage, and Kodiak, Department of the Interior (DOI). Under Federal Advisory Committee Act (5 AK, upon request. DOI, the U.S. Fish and Wildlife Service U.S.C. App. 2), notice is hereby given Council address: North Pacific (USFWS) will be the managing agency that the Board of Visitors to the United Fishery Management Council, P.O. Box for the property. States Naval Academy will meet on 2 103136, Anchorage, AK 99510. The Environmental Assessment (EA) October 1995, at Alumni Hall, United FOR FURTHER INFORMATION CONTACT: evaluates the environmental effects States Naval Academy, Annapolis, MD, North Pacific Fishery Management associated with the disposal of the WRF at 8:30 a.m. The executive session of Council, 907–271–2809 (see property to the USFWS. There would be this meeting from approximately 8:30 ADDRESSES). no significant impacts in connection a.m. to 10:00 a.m. will be closed to the SUPPLEMENTARY INFORMATION: The with either of the alternatives addressed public. Following executive session the agenda for the IFQ Industry in the EA. The No Action Alternative remainder of the meeting will be opened Implementation Team is as follows: refers to continuation of existing to the public. 1. A report from the NMFS Restricted conditions of Caretaker Status, without The purpose of the meeting is to make Access Management Division on the implementation of the proposed action. such inquiry as the Board shall deem current Halibut/Sablefish IFQ program The No Action Alternative is only necessary into the state of morale and and issues they would like to have possible if Congress were to take discipline, the curriculum, instruction, addressed, a report from the IFQ additional action to repeal or direct a physical equipment, fiscal affairs, and Research Planning Group, a report on different disposition from that which is academic methods of the Naval the current status of amendments in currently directed under Pub. L. 103– Academy. During executive session progress, and a report on enforcement of 307. these inquiries will relate to the internal the program. The Preferred Alternative is the personnel rules and practices of the 2. A general discussion by the team disposal of the 580-acre WRF property, Academy, may involve on-going on issues to be discussed and which incorporates the transfer of the criminal investigations, and include recommendations to be forwarded to the property in its entirety to the USFWS. discussions of personal information the Council. The existing buildings may be used for disclosure of which would constitute a The agenda for the Crab Plan Team is agency environmental education clearly unwarranted invasion of as follows: programs and offices. USFWS states that personal privacy. Accordingly, the Continuation of August 30 they will manage the property as a Secretary of the Navy has determined in teleconference to review and approve refuge, continue the hunting programs, writing that the executive session the crab Annual Area Management and promote environmental education portion of the meeting shall be closed to Report (also called the SAFE—Stock programs. the public because they will be Assessment and Fishery Evaluation It has been determined that concerned with matters as outlined in Report) and other developments with implementation of the proposed action section 552(b)(2), (5), (6), and (7) of Title regard to crab management. (disposal) would have no significant 5, United States Code. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47351 For further information concerning scenarios are also considered, including 244–3737 or Ms. Ann Merideth, this meeting contact: Lieutenant a less intensive development of the Planning Division, City of Vallejo, 555 Commander Adam S. Levitt, U.S. Navy, project, still based in large part on the Santa Clara Street, Vallejo, CA 94590– Secretary to the Board of Visitors, Office Mare Island Reuse Plan, a 5934, telephone (707) 648–4326, fax of the Superintendent, United States redevelopment plan focusing heavily on (707) 552–0163. Naval Academy, Annapolis, MD 21402- open space, and a no-action alternative Dated: September 8, 1995. 5000, Telephone Number: (410) 293- which would result in the federal M.D. Schetzsle, 1503. government retaining the property in an LT, JAGC, USN, Alternate Federal Register Dated: August 31, 1995 ‘‘inactive’’ status. No decisions on the Liaison Officer. M. A. Waters, proposed action will be made until the [FR Doc. 95–22792 Filed 9–11–95; 8:45 am] NEPA process has been completed and LCDR, JAGC, USN, Federal Register Liaison BILLING CODE 3810±FF±M Officer. the Navy releases a Record of Decision. [FR Doc. 95-22521 Filed 9-11-95; 8:45 am] The Draft EIS/EIR is available for BILLING CODE 3810-FF-F review at the following public libraries Notice of Intent To Prepare a Joint in the vicinity of MINSY: John F. Environmental Impact Statement (EIS)/ Kennedy Library, 505 Santa Clara Street, Environmental Impact Report (EIR) for Notice of Public Hearing for the Draft Vallejo, California; Springstowne the Disposal and Potential Reuse of Environmental Impact Statement/ Library, 1003 Oakwood Avenue, Vallejo, the Naval Medical Center, Oakland, Environmental Impact Report (DEIS/ California; Vacaville Library, 1020 California EIR) for the Proposed Disposal and Ulatis Drive, Vacaville, California; Reuse of Mare Island Naval Shipyard, Fairfield-Suisun Library, 150 Kentucky, SUMMARY: Pursuant to Section 102(2)(c) Vallejo, California Fairfield, California; Benicia Library, of the National Environmental Policy 150 L Street, Benicia, California; Suisun Act (NEPA) of 1969 as implemented by SUMMARY: Pursuant to Section 102(2)(c) City Library, 333 Sunset Street, Suisun, the Council on Environmental Quality of the National Environmental Policy California; Dixon Public Library, 135 regulations (40 CFR Parts 1500–1508) Act (NEPA) of 1969 as implemented by East B Street, Dixon, California; Napa and the California Environmental the Council on Environmental Quality Library, 1150 Division Street, Napa, Quality Act (CEQA), the Department of regulations (40 CFR Parts 1500–1508) California; St. Helena Library, 1492 the Navy in coordination with the City and the California Environmental Library Lane, St. Helena, California; of Oakland is preparing a joint Quality Act (CEQA), the Department of Yountville Library, Yountville, Environmental Impact Statement (EIS)/ the Navy in association with the City of California; and Calistoga Library, 1108 Environmental Impact Report (EIR) for Vallejo, has prepared and filed with the Myrtle Street, Calistoga, California. the disposal and potential reuse of the U.S. Environmental Protection Agency a Naval Medical Center Oakland (NMCO) DATES: A public hearing to inform the joint Draft Environmental Impact property and structures located in Statement/Environmental Impact Report public of the DEIS/EIR findings and to solicit comments will be held on Oakland, California. The Navy shall be (DEIS/EIR) for the proposed disposal the EIS lead agency and the City of Wednesday, September 27, 1995, and reuse of Mare Island Naval Oakland shall be the EIR lead agency. beginning at 7:00 p.m. in the City Shipyard (MINSY). The Navy is the lead The Defense Base Closure and Council Chambers, Vallejo City Hall, agency for NEPA documentation, and Realignment Act (Public Law 101–510) located at 555 Santa Clara Street, Vallejo the City of Vallejo is the lead agency for of 1990, as implemented by the 1993 California. Federal, state, and local documentation pursuant to CEQA. The base closure process, directed the U.S. agencies, and interested individuals are DEIS is being prepared to comply with Navy to close NMCO. NMCO is invited and urged to be present or be 1993 Base Realignment and Closure scheduled for closure in September of represented at the hearing. Oral (BRAC) directive from Congress to close 1996. MINSY. comments will be heard and transcribed NMCO is within the jurisdiction of A Notice of Intent to prepare the EIS/ by a stenographer; however, to ensure the City of Oakland in Alameda County, EIR was published in the Federal accuracy of the record, all statements and is located approximately nine miles Register on September 1, 1994 and a should also be submitted in writing. All southeast of the Oakland central public scoping meeting for the EIS/EIR statements, both oral and written, will business district, and 17 miles east of was held on September 22, 1994 in become part of the public record for the the City of San Francisco. The medical Vallejo, California. A Notice of document. Equal weight will be given to center site is approximately 192 acres Availability of the Draft EIS/EIR was both oral and written statements. In the developed with approximately 89 published in the Federal Register on interest of available time, each speaker structures including the hospital, 5 September 1, 1995. will be asked to limit oral comments to modern buildings, 20 older buildings, Pursuant to BRAC, the EIS/EIR five (5) minutes. Longer comments 24 miscellaneous structures, and 38 assesses the potential environmental should be summarized at the public military family housing units. impacts associated with the disposal of meeting or mailed to the address listed The EIS/EIR will address the disposal federal surplus land at MINSY and of at the end of this announcement. of the property and the potential potential reuse alternatives. All ADDRESSES: All written comments impacts to the environment that may available properties will be disposed of should be submitted no later than result from reuse development based in accordance with the provisions of the October 16, 1995, to Commanding upon implementation of the Oak Knoll Defense Base Closure and Realignment Officer, Engineering Field Activity Reuse Plan (currently under preparation Act (Public Law 101–510) of 1990 and West, Naval Facilities Engineering by the City of Oakland) and a ‘‘no applicable federal property disposal Command, 900 Commodore Drive, San action’’ alternative. The Oak Knoll regulations. Bruno, California 94066–5006 Reuse Plan—Preliminary Alternatives, The Mare Island Reuse Plan, (Attention: Mr. Jerry Hemstock, Code dated August 1995, prepared by the City developed by the City of Vallejo, 18522). For additional information, of Oakland Base Reuse Authority in constitutes the preferred alternative for please contact Mr. Jerry Hemstock at conjunction with the residents of the the EIS/EIR. Three alternative reuse telephone (415) 244–3023, fax (415) City of Oakland will serve as the basis 47352 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices for reuse alternatives. The ‘‘no action’’ Gary J. Munekawa (Code 185), provide interested Federal agencies and alternative would have NMCO remain Engineering Field Activity West, Naval the public an early opportunity to federal government property in a Facilities Engineering Command, 900 comment on information collection caretaker status. Commodore Drive, San Bruno, requests. The Office of Management and The Oak Knoll Reuse Plan— California 94066–5006, telephone (415) Budget (OMB) may amend or waive the Preliminary Alternatives listed the 244–3022, fax (415) 244–3737. For requirement for public consultation to following preliminary alternatives: information concerning the EIR, please the extent that public participation in Senior/Community, Mixed Use Village, contact the City of Oakland, Office of the approval process would defeat the Single Use Campus, and Residential. Planning and Building, Environmental purpose of the information collection, These alternatives comprise land uses Review Section, Ms. Anu Raud at violate State or Federal law, or (neighborhood retail area, community telephone (510) 238–6346, or Mr. Nixon substantially interfere with any agency’s facilities area, educational/training and Lam at telephone (510) 238–2229, or fax ability to perform its statutory institutional area, active recreational (510) 238–3586. For further information obligations. The Director of the area, open space area, and residential regarding the Oak Knoll Reuse Plan— Information Resources Group, publishes area) combined in different acreage Preliminary Alternatives, dated August this notice containing proposed configurations. A neighborhood retail 1995, please contact the City of information collection requests at the area (including supermarket, Oakland, Oakland Base Reuse beginning of the Departmental review of convenience shops, restaurants, Authority, Mr. Paul Nahm, or Mr. Barry the information collection. Each laundry, beauty shop, copy service, Cromartie at telephone (510) 238–7256, proposed information collection, travel agency, and bank uses) could or fax (510) 238–3691. grouped by office, contains the range up to 5 acres. A community Dated: September 8, 1995. following: (1) Type of review requested, facilities area (including senior M.D. Schetzsle, e.g., new, revision, extension, existing residential, homeless housing, elder or reinstatement; (2) Title; (3) Summary hostel, health and social services LT, JAGC, USNR, Alternate Federal Register Liaison Officer. of the collection; (4) Description of the facility, post office, small professional need for, and proposed use of, the [FR Doc. 95–22793 Filed 9–11–95; 8:45 am] offices, and daycare facilities) could information; (5) Respondents and range up to 33 acres. An educational/ BILLING CODE 3810±FF±M frequency of collection; and (6) training and institutional use area Reporting and/or Recordkeeping (including professional research burden. ED invites public comment at development and biotech facilities, DEPARTMENT OF EDUCATION the address specified above. Copies of offices, administration, storage, Notice of Proposed Information the requests are available from Patrick J. conference and assembly halls, and Collection Requests Sherrill at the address specified above. health clinic) could range up to 35 The Department of Education is acres. An active recreation area AGENCY: Department of Education. especially interested in public comment (including swimming pool, bowling ACTION: Notice of Proposed Information addressing the following issues: (1) is alley, gymnasium, tennis courts, Collection Requests. this collection necessary to the proper baseball fields, playfields and picnic functions of the Department, (2) will area) could range between 8–14 acres. SUMMARY: The Director, Information this information be processed and used An open space area (recreation trails, Resources Group, invites comments on in a timely manner, (3) is the estimate creek restoration, conserved woodlands, the proposed information collection of burden accurate, (4) how might the wildlife habitat, and parkland) could requests as required by the Paperwork Department enhance the quality, utility, range between 55–110 acres. A Reduction Act of 1995. and clarity of the information to be residential area (including variable DATES: Interested persons are invited to collected, and (5) how might the mixes of market rate housing, single- submit comments on or before Department minimize the burden of this family housing units, and/or medium November 13, 1995. collection on the respondents, including density townhouses, live/work spaces, ADDRESSES: Written comments and through the use of information and senior/homeless housing) could requests for copies of the proposed technology. range up to 82 acres. information collection requests should Dated: September 7, 1995. DATES: Federal, state, and local agencies, be addressed to Patrick J. Sherrill, Gloria Parker, Department of Education, 600 and interested individuals are Director, Information Resources Group. encouraged to participate in the scoping Independence Avenue, SW., Room process for the EIS/EIR to determine the 5624, Regional Office Building 3, Office of Postsecondary Education range of issues and alternatives to be Washington, DC 20202–4651, or should Type of Review: Revision. addressed. A public scoping meeting to be electronic mailed to the internet # Title: Reform and Relief Regulations receive oral and written comments will address [email protected], or should be Frequency: One Time. be held at 7:00 p.m. on Wednesday, faxed to 202–708–9346. Affected Public: Individuals or September 27, 1995, at the NMCO Club FOR FURTHER INFORMATION CONTACT: households; Business or other for Knoll Caduceus Room, 8750 Mountain Patrick J. Sherrill (202) 708–8196. profit; Not for Profit institutions. Boulevard, Oakland, California. In the Individuals who use a Reporting Burden: interest of available time, each speaker telecommunications device for the deaf Responses: 12,803,255. will be asked to limit oral comments to (TDD) may call the Federal Information Burden Hours: 30,010,875. five (5) minutes. Longer comments Relay Service (FIRS) at 1–800–877–8339 Recordkeeping Burden: should be summarized at the public between 8 a.m. and 8 p.m., Eastern time, Recordkeepers: 0. meeting or mailed to the address listed Monday through Friday. Burden Hours: 0. at the end of this announcement. SUPPLEMENTARY INFORMATION: Section Abstract: To revise § 682.201 to provide ADDRESSES: All written comments 3506 of the Paperwork Reduction Act of for the eligibility of step parents should be submitted within 30 days of 1995 (44 U.S.C. Chapter 35) requires under the Federal PLUS Program, to the published date of this notice to Mr. that the Department of Education (ED) eliminate §§ 682.600 and 682.602, Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47353 which can better be presented in Responses: 400. purpose of the information collection, program manuals and handbooks, and Burden Hours: 16,400. violate State or Federal law, or to add a new § 682.611. Recordkeeping Burden: substantially interfere with any agency’s Recordkeepers: 0. ability to perform its statutory Office of Postsecondary Education Burden Hours: 0. obligations. The Director of the Type of Review: Revision. Abstract: This submission is proposing Information Resources Group, publishes Title: Federal Perkins Loan, Federal the elimination of redundancy and this notice containing proposed Work-Study, Federal Supplemental inconsistencies within the information collection requests at the Educational Opportunity Grant regulations. The program beginning of the Departmental review of Programs (Recordkeeping/ participation agreement requirements the information collection. Each Disclosure)—Reform and Relief for the Federal Pell Grant Program proposed information collection, Regulation (§§ 690.7 and 690.71–690.73) and the grouped by office, contains the Frequency: One Time. procedures for providing funds following: (1) Type of review requested, Affected Public: Individuals or (§ 690.74) are already provided for in e.g., new, revision, extension, existing households; Business or other for the Student Assistance General or reinstatement; (2) Title; (3) Summary profit; Not for Profit institutions. Provisions regulations. The changes to of the collection; (4) Description of the Reporting Burden: § 690.83 (c) and (e) are just to need for, and proposed use of, the Responses: 17,078. eliminate inconsistent standards. information; (5) Respondents and Burden Hours: 12,559. [FR Doc. 95–22597 Filed 9–11–95; 8:45 am] frequency of collection; and (6) Recordkeeping Burden: BILLING CODE 4000±01±P Reporting and/or Recordkeeping Recordkeepers: 0. burden. ED invites public comment at Burden Hours: 0. the address specified above. Copies of Abstract: Revising sections 674.2, Notice of Proposed Information the requests are available from Patrick J. 674.16, 674.17(a), 674.31, 675.2, Collection Requests Sherrill at the address specified above. 675.17, Appendix B to Part 675, The Department of Education is 676.2, and 676.17 for purposes of AGENCY: Department of Education. especially interested in public comment clarification, elimination of ACTION: Notice of Proposed Information addressing the following issues: (1) is duplication regulations, and to Collection Requests. this collection necessary to the proper provide more institutional flexibility; functions of the Department, (2) will SUMMARY: The Director, Information not reporting any actual changes in this information be processed and used Resources Group, invites comments on burden hours. Respondents are the in a timely manner, (3) is the estimate the proposed information collection institutions and students. of burden accurate, (4) how might the requests as required by the Paperwork Department enhance the quality, utility, Office of Postsecondary Education Reduction Act of 1995. and clarity of the information to be Type of Review: Revision. DATES: Interested persons are invited to collected, and (5) how might the Title: Regulations for Perkins Loan submit comments on or before Department minimize the burden of this Program—Subpart C—Due November 13, 1995. collection on the respondents, including Diligence—Reform and Relief ADDRESSES: Written comments and through the use of information Regulation requests for copies of the proposed technology. Frequency: One Time. information collection requests should Dated: September 7, 1995. Affected Public: Individuals or be addressed to Patrick J. Sherrill, Gloria Parker, households; Business or other for Department of Education, 600 profit; Not for Profit institutions. Independence Avenue, S.W., Room Director, Information Resources Group. Reporting Burden: 5624, Regional Office Building 3, Office of Postsecondary Education Responses: 2,796,530. Washington, DC 20202–4651, or should Type of Review: Regular. Burden Hours: 80,431. be electronic mailed to the internet Recordkeeping Burden: # Title: Student Assistance General address [email protected], or should be Provisions—Subpart K—regulatory Recordkeepers: 0. faxed to 202–708–9346. Burden Hours: 0. relief and reform package. Abstract: Section 574.47(g) is being FOR FURTHER INFORMATION CONTACT: Frequency: Annually. revised for purposes of clarification Patrick J. Sherrill (202) 708–8196. Affected Public: Business or other for and to provide more institutional Individuals who use a profit; Not for Profit institutions. flexibility. The Department will use telecommunications device for the deaf Reporting Burden: Responses: 3,634. the information to ensure that the (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 Burden Hours: 4,477. institution has followed the Recordkeeping Burden: prescribed regulatory procedures in between 8 a.m. and 8 p.m., Eastern time, Monday through Friday. Recordkeepers: 0. administering these programs and to Burden Hours: 0. justify the payment of funds by the SUPPLEMENTARY INFORMATION: Section Abstract: These regulations are part of a federal government. 3506 of the Paperwork Reduction Act of Division-wide regulatory relief 1995 (44 U.S.C. Chapter 35) requires Office of Postsecondary Education package and affect provision of that the Department of Education (ED) Student Assistance General Type of Review: Revision. provide interested Federal agencies and Provisions regulations regarding cash Title: Reform and Relief Regulations— the public an early opportunity to management. Federal Pell Grant Program comment on information collection Frequency: Annually. requests. The Office of Management and Office of Postsecondary Education Affected Public: Individuals or Budget (OMB) may amend or waive the Type of Review: Regular. households; Business or other for requirement for public consultation to Title: Performance Report for the profit; Not for Profit institutions. the extent that public participation in School, College, and University Reporting Burden: the approval process would defeat the Partnerships (SCUP) Program. 47354 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices Frequency: Annually. collection requests. OMB may amend or the Secretary announces the waiver of Affected Public: Not for Profit waive the requirement for public an annual reporting requirement that institutions; State, Local or Tribal consultation to the extent that public otherwise would apply to these projects. Government. participation in the approval process SUPPLEMENTARY INFORMATION: Title XI of Reporting Burden: would defeat the purpose of the the ESEA offers local educational Responses: 1. information collection, violate State or agencies (LEAs), schools, and groups of Burden Hours: 240. Federal law, or substantially interfere schools, the opportunity to use up to Recordkeeping Burden: with any agency’s ability to perform its five percent of their ESEA funds in any Recordkeepers: 0. statutory obligations. The Director of the fiscal year for a coordinated services Burden Hours: 0. Information Resources Group publishes project. Coordinated services projects Abstract: SCUP grantees must submit this notice containing proposed link public and private agencies with the report annually so the Department information collection requests prior to schools to improve the access of can evaluate the performance of submission of these requests to OMB. elementary and secondary students and grantees prior to awarding Each proposed information collection, their families to health and social continuation grants. The Department grouped by office, contains the services through a coordination site at will also aggregate data on project following: (1) Type of review requested, or near a school. outcomes related to student and e.g., new, revision, extension, existing Coordinated services projects provide school performance impact, and or reinstatement; (2) Title; (3) Summary a mechanism for helping children and identify exemplary projects. of the collection; (4) Description of the their families address factors outside the [FR Doc. 95–22596 Filed 9–11–95; 8:45 am] need for, and proposed use of, the classroom such as inadequate or BILLING CODE 4000±01±P information; (5) Respondents and substandard nutrition, health care, and frequency of collection; and (6) living conditions that can adversely Reporting and/or Recordkeeping affect the ability of a child to learn. Notice of Proposed Information burden. OMB invites public comment at Funds may be used to develop, Collection Requests the address specified above. Copies of implement, or expand a coordinated the requests are available from Patrick J. services project. Funds may not be used AGENCY: Department of Education. Sherrill at the address specified above. for the direct provision of any health or ACTION: Notice of Proposed Information health-related service. Dated: September 7, 1995. Collection Requests. DEFINITION: The term ‘‘coordinated Gloria Parker, services project’’ is defined by the SUMMARY: The Director, Information Director, Information Resources Group. statute as ‘‘a comprehensive approach to Resources Group, invites comments on Office of Postsecondary Education meeting the educational, health, social the proposed information collection service, and other needs of children and Type of Review: Regular. requests as required by the Paperwork their families, including foster children Reduction Act of 1995. Title: Student Aid Report. Frequency: Annually. and their foster families, through a DATES: Interested persons are invited to Affected Public: Individuals or community-wide partnership that links submit comments on or before October households. public and private agencies providing 12, 1995. Reporting Burden: such services or access to such services ADDRESSES: Written comments should Responses: 15,237,969. through a coordination site at or near a be addressed to the Office of Burden Hours: 4,095,759. school. Information and Regulatory Affairs, Recordkeeping Burden: ELIGIBLE APPLICANTS: Applications for a Attention: Wendy Taylor, Desk Officer, Recordkeepers: 0. coordinated services project may be Department of Education, Office of Burden Hours: 0. submitted to the Secretary by an LEA, Management and Budget, 725 17th Abstract: ‘‘Federal Grants, Student Aid or if there is no governing LEA, by an Street, NW., Room 10235, New programs’’: The Student Aid Report individual school or group of schools. Executive Office Building, Washington, (SAR) is used to notify applicants of WAIVER OF REPORTING REQUIREMENT: DC 20503. Requests for copies of the their eligibility to receive Federal Under the Education Department proposed information collection Financial Aid. The form is submitted General Administrative Regulations requests should be addressed to Patrick by the applicant to the institution of (EDGAR), an applicant generally must J. Sherrill, Department of Education, 600 their choice. submit an annual performance report to Independence Avenue, S.W., Room [FR Doc. 95–22595 Filed 9–11–95; 8:45 am] the Department. (See 34 CFR §§ 74.51, 5624, Regional Office Building 3, BILLING CODE 4000±01±P 75.720, and 80.40.) However, in the Washington, DC 20202–4651. interest of reducing burden at the local FOR FURTHER INFORMATION CONTACT: level, the Secretary has determined that Patrick J. Sherrill (202) 708–8196. Coordinated Services Projects a performance report is unnecessary for Individuals who use a AGENCY: Department of Education. the first year and third year of the telecommunications device for the deaf implementation or expansion of a ACTION: Notice of application (TDD) may call the Federal Information availability and waiver of reporting coordinated services project, and Relay Service (FIRS) at 1–800–877–8339 requirement for coordinated services therefore waives that requirement for between 8 a.m. and 8 p.m., Eastern time, projects. the first and third years. This waiver is Monday through Friday. in accordance with the Secretary’s SUPPLEMENTARY INFORMATION: Section SUMMARY: The U.S. Secretary of authority under these regulations. 3507 of the Paperwork Reduction Act of Education (Secretary) announces the FOR APPLICATIONS OR INFORMATION 1995 (44 U.S.C. Chapter 35) requires availability of applications to use CONTACT: Jeanne Jehl, Office of that the Office of Management and Elementary and Secondary Education Elementary and Secondary Education, Budget (OMB) provide interested Act (ESEA) funds for coordinated U.S. Department of Education, 600 Federal agencies and the public an early services projects under section 14206(b) Independence Avenue, SW (Portals opportunity to comment on information and Title XI of the ESEA. In addition, Building–Room 604), Washington, D.C. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47355 20202–6123. Telephone: (202) 260– transmission. The waiver request must will not be accepted after 4:30 p.m. on 1854. Individuals who use a be submitted to the Institutional October 20, 1995. telecommunications device for the deaf Financial Management Division at one SUPPLEMENTARY INFORMATION: Under (TDD) may call the Federal Information of the addresses indicated below. section 443 (b)(2)(A) of the Higher Relay Service (FIRS) at 1–800–877–8339 ADDRESSES: Waiver Request and any Education Act of 1965, as amended between 8 a.m. and 8 p.m., Eastern time, Supporting Information or Documents (HEA), an institution must use at least Monday through Friday. Delivered by Mail. The waiver request 5 percent of the total amount of its FWS Information about the Department’s and any supporting information or Federal funds granted for an award year funding opportunities, including the use documents delivered by mail must be to compensate students employed in of ESEA funds for coordinated services addressed to Ms. Carolyn Short, Fiscal community service, except that the projects, can be viewed on the Program Specialist, Campus-Based Secretary may waive this requirement if Department’s electronic bulletin board Financial Operations Branch, the Secretary determines that enforcing (ED Board), telephone (202) 260–9950; Institutional Financial Management it would cause hardship for students at or on the Internet Gopher Server at Division, Accounting and Financial the institution. The institution must GOPHER.ED.GOV (under Management Service, Student Financial provide a written waiver request and Announcement, Bulletin and Press Assistance Programs, U.S. Department any supporting information or Releases). However, the official notice of of Education, 600 Independence Avenue documents by the established October application availability is the notice SW., (Room 4714, ROB–3), Washington, 20, 1995 closing date. published in the Federal Register. D.C. 20202–5458. The waiver request must be signed by (Authority: 20 U.S.C. 8401–8407 and An applicant must show proof of an appropriate institutional official and 8826(b)) mailing its waiver request by October above the signature the official must Dated: August 21, 1995. 20, 1995. Proof of mailing consist of one include the statement: ‘‘I certify that the Thomas W. Payzant, of the following: (1) A legible mail information the institution provided in Assistant Secretary for Elementary and receipt with the date of mailing stamped this waiver request is true and accurate Secondary Education. by the U.S. Postal Service, (2) a legibly to the best of my knowledge. I [FR Doc. 95–22550 Filed 9–11–95; 8:45 am] dated U.S. Postal Service postmark, (3) understand that the information is subject to audit and program review by BILLING CODE 4000±01±P a dated shipping label, invoice, or receipt from a commercial carrier, or (4) representatives of the Secretary of any other proof of mailing acceptable to Education.’’ If the institution submits a Office of Postsecondary Education; the U.S. Secretary of Education. waiver request and any supporting Federal Work-Study Programs If a waiver request is sent through the information or documents after October 20, 1995, the request will not be AGENCY: Department of Education. U.S. Postal Service, the Secretary does not accept either of the following as considered. ACTION: Notice of the closing date for proof of mailing: (1) A private metered To receive a waiver, an institution institutions to submit a request for a must demonstrate that complying with waiver of the requirement that an postmark, or (2) a mail receipt that is not dated by the U.S. Postal Service. An the 5 percent requirement would cause institution shall use at least 5 percent of hardship for students at the institution. the total amount of its Federal Work- institution should note that the U.S. Postal Service does not uniformly To allow flexibility to consider factors Study (FWS) Federal funds granted for that may be valid reasons for a waiver, the 1995–96 award year to compensate provide a dated postmark. Before relying on this method, an institution the Secretary is not specifying specific students employed in community circumstances that would support service jobs. should check with its local post office. An institution is encouraged to use granting a waiver. However, the Secretary does not foresee many SUMMARY: The Secretary gives notice to certified or at least first-class mail. institutions of higher education of the Institutions that submit waiver requests instances in which a waiver will be deadline for an institution to submit a and any supporting information or granted. The fact that it may be difficult written request for a waiver of the documents after the closing date will for the institution to comply with this statutory requirement that an institution not be considered for a waiver. provision of the HEA is not a basis for shall use at least 5 percent of its total Waiver Requests and any Supporting granting a waiver. FWS Federal funds granted for the Information or Documents Delivered by Applicable Regulations 1995–96 award year (July 1, 1995 Hand. A waiver request and any The following regulations apply to the through June 30, 1996) to compensate supporting information or documents Federal Work-Study program: students employed in community delivered by hand must be taken to Ms. (1) Student Assistance General service jobs. Carolyn Short, Fiscal Program Provisions, 34 CFR Part 668. DATES: Closing Date for submitting a Specialist, Campus-Based Financial (2) Federal Work-Study Programs, 34 Waiver Request and any Supporting Operations Branch, Institutional CFR Part 675. Information or Documents. An Financial Management Division, (3) Institutional Eligibility Under the institution that would like to request a Accounting and Financial Management Higher Education Act of 1965, as waiver of the requirement that an Service, Student Financial Assistance amended, 34 CFR Part 600. institution use at least 5 percent of the Programs, U.S. Department of (4) New Restrictions on Lobbying, 34 total amount of its FWS Federal funds Education, Room 4714, Regional Office CFR Part 82. granted for the 1995–96 award year to Building 3, 7th and D Streets, S.W., (5) Government Debarment and compensate students employed in Washington, D.C. Suspension (Nonprocurement) and community service jobs, must mail or Hand-delivered waiver requests will Government Requirements for Drug-Free hand-deliver its waiver request and any be accepted between 8:00 a.m. and 4:30 Workplace (Grants), 34 CFR Part 85. supporting information or documents p.m. daily (Eastern time), except (6) Drug-Free Schools and Campuses, on or before October 20, 1995. The Saturdays, Sundays, and Federal 34 CFR Part 86. Department will not accept a waiver holidays. A waiver request for the 1995– FOR FURTHER INFORMATION CONTACT: To request submitted by facsimile 96 award year that is hand-delivered receive information, contact Ms. 47356 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices Carolyn Short, Fiscal Program meeting of the IEA’s Standing Group on —Monthly Oil Statistics (MOS) for Specialist, Campus-Based Financial Emergency Questions (SEQ) which is March 1995 Operations Branch, Institutional scheduled to be held at the OECD on —MOS for April 1995 Financial Management Division, September 19, including a preparatory —MOS for May 1995 Accounting and Financial Management session for company representatives —MOS for June 1995 Service, Student Financial Assistance from 9:00 a.m. to 9:30 a.m. The agenda —Base Period Final Consumption Programs, U.S. Department of for the preparatory session for company (BPFC) Q294—Q195 Education, 600 Independence Avenue, representatives is to elicit views —BPFC Q394—Q295 S.W., (Room 4714, ROB–3), Washington, regarding items on the agenda for the —Quarterly Oil Forecast—Q395/Q296 D.C. 20202–5458. Telephone (202) 708– SEQ meeting. The agenda for the and current trigger situation 9756. Individuals who use a meeting of the SEQ is under the control 13. Seasonality in IEA Oil Supply and telecommunications device for the deaf of the SEQ. Demand (TDD) may call the Federal Information It is expected that the SEQ will adopt Relay Service (FIRS) at 1–800–877–8339 the following agenda: 14. Emergency Response Issues Related to Oil Product and Refining Issues between 8 a.m. and 8 p.m., Eastern time, 1. Adoption of the Agenda Monday through Friday. —SEQ/Standing Group on Oil Market 2. Approval of Summary Record of the study of product specifications and (Authority: 42 U.S.C. 2756(b)). 84th Meeting related issues 3. SEQ Work Program Dated: September 5, 1995. 15. Policy and Legislative Developments —Proposals for 1996 Work Program David A. Longanecker, in Member Countries 4. Conferences and Seminars —Energy Policy and Conservation Act Assistant Secretary for Postsecondary —‘‘Coordinated Emergency Response Education. Measures’’ conference/test —Update of emergency response (Catalog of Federal Domestic Assistance preparations legislation in Spain Number: 84.033 Federal Work-Study —Conference on long term security —Other country developments Program) issues—June 1996 16. Other Business [FR Doc. 95–22549 Filed 9–11–95; 8:45 am] —Seminar for stockholding —Participation in SEQ activities by BILLING CODE 4000±01±P agencies—late 1996 candidate countries 5. Proposals on IEA Emergency —Tentative calendar of SEQ activities Response until end 1995 DEPARTMENT OF ENERGY —Follow-up by the SEQ to Governing —Questionnaire A/Questionnaire B Board decision of February 22, 1995 test submission scheduled for International Energy Agency Meeting on IEA emergency response October 19–20 and November 20– 6. Emergency Reserve Situation of IEA 21, 1995 AGENCY: Department of Energy. Countries —SEQ meeting scheduled for ACTION: Notice of meeting. —Emergency reserve and net import December 13, 1995 situation of IEA countries as of —IEA conference on long-term SUMMARY: The Industry Advisory Board April 1, 1995 security issues scheduled for June (IAB) to the International Energy —Report required by the Governing 1996 Agency (IEA) will meet September 19, Board on emergency reserve —Seminar for IEA stockholding 1995, at the offices of the Organization situation of IEA countries, notably agencies, November 1995 for Economic Cooperation and those not meeting IEA As permitted by 10 CFR Section Development (OECD) in Paris, France, commitments to permit attendance by representatives 209.32, the usual 7-day period for —Emergency reserve and net import publication of this meeting notice in the of U.S. company members of the IAB at situation of IEA countries as of July a meeting of the IEA’s Standing Group Federal Register has been shortened 1, 1995 because unanticipated circumstances on Emergency Questions on the same —Availability of U.S. Strategic date at the OECD offices. pertaining to the scheduling of the Petroleum Reserve storage capacity meeting delayed the issuance of this FOR FURTHER INFORMATION CONTACT: 7. Industry Advisory Board (IAB) notice. Samuel M. Bradley, Acting Assistant —Current and planned IAB activities As provided in section 252(c)(1)(A)(ii) General Counsel for International and —Industry Supply Advisory Group Legal Policy, Department of Energy, of the Energy Policy and Conservation training course Act (42 U.S.C. 6272(c)(1)(A)(ii)), this 1000 Independence Avenue SW., 8. Emergency Response Reviews Washington, D.C. 20585, 202–586–6738. meeting is open only to representatives —Updated schedule of reviews of members of the IAB and their SUPPLEMENTARY INFORMATION: In 9. Emergency Response Issues in IEA counsel, representatives of members of accordance with section 252(c)(1)(A)(i) Candidate Countries the SEQ, representatives of the of the Energy Policy and Conservation —Emergency response situation in Departments of Energy, Justice, and Act (42 U.S.C. 6272(c)(1)(A)(i)), the Korea State, the Federal Trade Commission, following meeting notice is provided: —Emergency reserve and net import the General Accounting Office, A meeting of the Industry Advisory situation of IEA candidate countries Committees of the Congress, the IEA, Board (IAB) to the International Energy 10. Oil Market Situation and the European Commission, and Agency (IEA) will be held on September 11. Emergency Management Manual invitees of the IAB, the SEQ or the IEA. 19, 1995, at the headquarters of the —French translation Organization for Economic Cooperation —Emergency Reference Guide Issued in Washington, DC, September 7, and Development (OECD), 2, rue Andre- 12. Emergency Data System and Related 1995. Pascal, Paris, France, beginning at 9:30 Questions Robert R. Nordhaus, a.m. The purpose of this meeting is to —Preparation for October/November General Counsel. permit attendance by representatives of 1995 test submission of [FR Doc. 95–22628 Filed 9–11–95; 8:45 am] U.S. company members of the IAB at a Questionnaires A and B BILLING CODE 6450±01±P Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47357 Intent To Award a Grant to the development of more sound regulations going program. The Applicant has Underground Injection Practices and technical standards. exclusive domestic capability to Research Foundation Greater emphasis is currently being perform this activity successfully, based placed on the ability of states to justify upon the unique technical expertise of AGENCY: U.S. Department of Energy, their regulatory decisions, with interest the UIPRF which will ensure maximum Metairie Site Office. in developing reliable procedures for utilization of existing state, federal, ACTION: Notice of non-competitive assessing the risks posed by oil and gas industry, and commercial sources of financial assistance (grant). injection wells increasing rapidly. data necessary to complete the study. Under the Safe Drinking Water Act, This effort therefore is considered SUMMARY: The Department of Energy agencies that implement UIC programs suitable for noncompetitive financial (DOE), Metairie Site Office announces are required to prevent subsurface assistance. A competitive solicitation that it intends to make a Non- injection that endangers an would be inappropriate. Competitive Financial Assistance underground source of drinking water DOE funding for this research is Award (Grant) through the Pittsburgh (USDW). estimated to be $1,070,000 for the 24 Energy Technology Center to the In 1993 the UIPRF completed a grant month duration of the project. These Underground Injection Practices from DOE that involved the funds will be used to pay for the cost Research Foundation (UIPRF) of the investigation of state environmental, oil, of research staff, administrative support Ground Water Protection Council and gas data, and data management personnel, consultants, experts, and (UIPRF). The action is necessary to systems that pertain to underground printing costs as necessary for the continue work related to Class II injection control. The primary goal of research project. injection well operations in various this research was to increase the base of states throughout the country. The effort technical and environmental knowledge Issued in Pittsburgh, PA, on August 31, will continue implementation of a Risk- related to the application of the UIPRF 1995. Based Data Management System model that has been developed to assess Richard D. Rogus, (RBDMS), conduct Class II injection the risk of injection water contaminating Contracting Officer. well Area of Review (AOR) workshops, a USDW. The project involved four [FR Doc. 95–22627 Filed 9–11–95; 8:45 am] and conduct a RBDMS workshop. major tasks: (1) conducting an inventory BILLING CODE 6450±01±P FOR FURTHER INFORMATION CONTACT: U.S. and needs assessment of the database Department of Energy, Pittsburgh management systems of the 21 states Energy Information Administration Energy Technology Center, Acquisition that have primacy to supplement the and Assistance Division, P.O. Box UIC requirements for Class II wells, (2) conducting investigations of six state’s Proposed Revision and Extension of 10940, MS 921–143, Pittsburgh, PA Coal Data Collections 15236, Attn.: Eric T. Bell, Telephone: data management system capabilities and making hardware and software (412) 892–5802 AGENCY: Energy Information improvements, (3) conducting a Administration, Department of Energy. SUPPLEMENTARY INFORMATION: The Technical Symposium on Class II UIPRF has proposed a three-task project injection wells relating to the ACTION: Notice of the proposed revision relating to Class II injection well application of the UIPRF model that was and extension of coal data collections operations in various states throughout developed to assess risk of injection and solicitation of comments. the country. Task I of the proposed water contaminating USDWs, and (4) SUMMARY: The Energy Information project is designed to continue conducting investigations of four states’ Administration (EIA) is soliciting implementation of a Risk-Based Data data management system capabilities comments concerning the proposed Management System (RBDMS). Task 2 and making hardware and software revision and extension of the coal data of this project is designed to develop improvements. and conduct workshops using the In 1994 the UIPRF initiated a two-task collections included in the Coal guideline document developed by an DOE-funded project. Task 1 of the Program Package. The following surveys UIPRF committee. These workshops project was designed to extend the are covered by this action: Form EIA–1, will be held in various locations to implementation of a Risk-Based Data ‘‘Weekly Coal Monitoring Report— further assist the regulator and industry Management System (RBDMS) in four General Industries and Blast Furnaces,’’ in establishing Area of Review (AOR) states. Alaska, Mississippi, Montana, (Standby), Form EIA–3, ‘‘Quarterly Coal variance programs across the country. and Nevada were given assistance with Consumption Report—Manufacturing Task 3 of this project involves one converting data from existing data Plants,’’ Form EIA–3A, ‘‘Annual Coal workshop on the RBDMS. management systems; coding and Quality Report—Manufacturing Plants,’’ The Underground Injection Practices internal testing of the RBDMS; Form EIA–4, ‘‘Weekly Coal Monitoring Council (UIPC) was formed in 1985 to preparing documentation, training, and Report—Coke Plants,’’ (Standby), Form work with various federal agencies, state technology transfer; and project EIA–5, ‘‘Coke Plant Report—Quarterly,’’ underground injection control (UIC) management. Task 2 of the project Form EIA–5A, ‘‘Annual Coal Quality officials, municipal and county officials, offered assistance in conducting four Report—Coke Plants,’’ Form EIA–6, representatives of environmental regional workshops related to Area of ‘‘Coal Distribution Report,’’ Form EIA– groups, industry, scientists, and others Review (AOR) investigations and 7A, ‘‘Coal Production Report,’’ and on safe and effective methods for waste environmental compliance. Form EIA–20, ‘‘Weekly Telephone disposal. The UIPC, through its In accordance with 10 CFR Survey of Coal Burning Utilities,’’ Research Foundation, conducts a 600.7(b)(2)(i) criteria (A) and (D), a (Standby). comprehensive program of original noncompetitive Financial Assistance DATES: Written comments must be research and data collection and serves Award to the UIPRF is justified. This submitted on or before November 13, as a clearinghouse for information on effort is a continuation of the two 1995. If you anticipate that you will be underground injection. The UIPC also previous mentioned grants. Competing submitting comments, but find it conducts a variety of educational this action would have a significant difficult to do so within the period of programs and serves as a forum for the adverse effect on continuity of the on- time allowed by this notice, you should 47358 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices advise the contact listed below of your The EIA is attempting to employ column would be added to Part III of the intention to do so as soon as possible. electronic data collection methods in current form to clarify reporting for ADDRESSES: Send comments to Thomas order to better serve those customers intra-company transfers of coke. that have or intend to have FAX, Murphy, Coal Data Systems Branch, EI- EIA–3A/EIA–5A 521, Forrestal Building, U.S. Internet, and other electronic reporting Department of Energy, Washington, D.C. capabilities for use in submitting their We propose to reduce the frequency 20585. Alternatively, Mr. Murphy can data to the EIA. If you are a coal survey of these surveys from annual to be reached at respondent, please respond to questions triennial. [email protected] (Internet e- E and I at the end of this notice so that EIA–7A mail), 202–254–5561 (voice), or 202– we can better serve you in the future. Since the reporting requirements for 254–6233 (facsimile). II. Current Actions this survey can vary significantly, FOR FURTHER INFORMATION CONTACT: Based upon an internal review of coal depending upon the type of respondent Requests for additional information or (mine only, preparation plant only, and copies of the forms and instructions program data requirements and consultations with the coal industry and mine collocated with a preparation should be directed to Thomas Murphy plant), we propose to have a common at the address listed above. data users we propose to implement one of the following two options with identification page and split the SUPPLEMENTARY INFORMATION: respect to the surveys in the Coal remainder of this survey into three I. Background Program Package. Our objective in separate schedules, each of which will II. Current Actions be tailored to suit the type of III. Request for Comments proposing these options is to modify the EIA coal data program by reducing respondent. I. Background respondent reporting burden and survey In addition, we propose to eliminate In order to fulfill its responsibilities operating costs, without degrading the the collection of certain identification under the Federal Energy accuracy and coverage of the EIA’s coal information and employment data, Administration Act of 1974 (Pub. L. No. data. relying instead on MSHA data on Form 7000–2. 93–275) and the Department of Energy Option 1 Organization Act (Pub. L. No. 95–91), EIA–1/EIA–4/EIA–20 the Energy Information Administration EIA–6 We propose to request that these is obliged to carry out a central, This option proposes to reduce the forms be re-cleared without changes. comprehensive, and unified energy data frequency of the current survey from and information program. As part of this quarterly to annual. Quarterly estimates Option 1 Burden Impact program, EIA collects, evaluates, of State-level coal consumption in the The annual respondent burden for the assembles, analyzes, and disseminates ‘‘Other Industrial’’ and ‘‘Residential and current coal forms is 19,380 hours. The data and information related to energy Commercial Sectors’’ would be made by EIA estimates that Option 1 would resource reserves, production, demand, EIA. reduce the annual respondent burden to and technology, and related economic This option would also fill the 8,437 hours, a decrease of 10,943 hours and statistical information relevant to resulting data gap of quarterly (56 percent). the adequacy of energy resources to production and producer stocks by meet demands in the near and longer using Mine Safety and Health Option 2 term future for the Nation’s economic Administration (MSHA) quarterly coal EIA–6 and social needs. production and producer stock data so The Energy Information that no quarterly coal production or This option would eliminate the EIA– Administration, as part of its continuing stock data would be collected by EIA. 6 survey entirely. To partially fill the effort to reduce paperwork and The use of MSHA quarterly data has resulting data gap for distribution to respondent burden (required by the been discussed with MSHA. MSHA consumer sectors by origin and Paperwork Reduction Act of 1995 (Pub. plans to collect producer stock data for destination State, we propose to add L. 104–13)), conducts a presurvey EIA on their quarterly survey Form origin State for receipts on the quarterly consultation program to provide the 7000–2, ‘‘Quarterly Mine, Employment EIA–3 survey (manufacturing plants) general public and other Federal and Coal Production Report.’’ Quarterly and the quarterly EIA–5 survey (coke agencies with an opportunity to distributor stock data would be plants). The FERC Form 423 currently comment on proposed and/or estimated at the State-level by EIA. collects coal receipts data by origin for continuing reporting forms. This electric utility plants having a capacity program helps to ensure that requested EIA–3 of 50MW or more. Thus the origin and data can be provided in the desired This option would delete the destination of coal going to most of the format, reporting burden is minimized, requirement for disaggregation by coal consuming sectors would be reporting forms are clearly understood, rank (anthracite, bituminous, maintained. All methods of and the impact of collection subbituminous, and lignite) and replace transportation data would be requirements on respondents can be it with a check-off box to indicate the eliminated. Some of these data are properly assessed. predominant rank of coal receipts. available from outside sources, such as The coal surveys included in the Coal In Part III of this survey, we propose Resource Data International, Association Program Package collect information on to delete the question relating to the of American Railroads, and the U.S. coal production, distribution, receipts, share of electricity sold to electric Corps of Engineers. consumption, quality, stocks, and utilities and rely on the EIA–867 for this This option also eliminates State-level prices. Data are used to support public information. data covering coal distribution to the policy analyses of the coal industry and agriculture, mining and construction are published in various EIA EIA–5 sectors (currently 0.2 percent of total publications. Respondents to the This option would delete the annual domestic distribution) and surveys include coal producers, coal requirement for disaggregation of all distribution data for the ‘‘Residential’’ distributors, and coal consumers. coal data by coal rank. Additionally, a and Commercial sectors (currently 0.6 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47359 percent of total annual domestic EIA–7A As a Potential Respondent distribution). Some of the data for the Since the reporting requirements for C. Are the instructions and definitions agriculture, mining, and construction clear and sufficient? If not, which industries, as well as the residential and this survey can vary significantly, depending upon the type of respondent instructions require clarification? commercial sectors can be captured on D. Can data be submitted in (mine only, preparation plant only, and the annual Form EIA–867, to the extent accordance with the due date specified mine collocated with preparation plant), that coal consumption in these sectors in the instructions? is attributable to coal-fired generators we propose to have a common E. Public reporting burden hours per larger than 1 MW. Quarterly estimates of identification page and split the response for both options in this national-level consumption in the remainder of this survey into three collection are detailed below. agriculture, mining, construction, and separate schedules, each of which will residential and commercial sectors be tailored to the type of respondent. Form Option 1 Option 2 would be made by the EIA. In addition, we propose to eliminate the collection of certain identification EIA±1 ...... 1.0 1.0 This option would fill the resulting EIA±3 ...... 4 .8 data gap of quarterly production and information and employment data, EIA±3A ...... 33 .33 producer stocks data by using Mine relying instead on MSHA data on Form EIA±4 ...... 1.0 1.0 Safety and Health Administration 7000–2 for this information. EIA±5 ...... 9 1.4 EIA±5A ...... 33 .33 (MSHA) quarterly coal production and EIA–1/EIA–4/EIA–20 producer stock data so that no quarterly EIA±6 ...... 5.0 0 coal production or stock data would be EIA±7A ...... 5 .5 These are standby forms that would EIA±20 ...... 1.0 1.0 collected by EIA. MSHA plans to collect be used to monitor coal receipts, coal producer stock data for EIA on their consumption, and coal stocks at major Burden includes the total time, effort, quarterly survey Form 7000–2, coal-burning facilities in the event of a or financial resources expended to ‘‘Quarterly Mine Employment and Coal coal supply disruption. We propose to generate, maintain, retain, or disclose or Production Report.’’ Distributor stock request that these forms be re-cleared provide the information including: (1) data would be estimated by the EIA at without changes. Reviewing instructions; (2) developing, the National level. Option 2 Burden Impact acquiring, installing, and utilizing EIA–3 technology and systems for the purposes The annual respondent burden for the of collecting, validating, verifying, This option would add State of origin current coal forms is 19,380 hours. The processing, maintaining, disclosing and of coal receipts data to the EIA–3 to fill EIA estimates that Option 2 would providing information; (3) adjusting the one of the data gaps from elimination of reduce the annual respondent burden to existing ways to comply with any the EIA–6. Coal consumption, cost, 4,147 hours, a decrease of 15,233 hours previously applicable instructions and adjustments, and coal stocks (Columns (79 percent). requirements; (4) training personnel to B, D, E, F, and G of the current form) respond to a collection of information; would be reported in the aggregate only. III. Request for Comments (5) searching data sources; (6) We propose to delete the requirement Prospective respondents and other completing and reviewing the collection for disaggregation by coal rank of information; and (7) transmitting, or (anthracite, bituminous, subbituminous, interested parties should comment on the actions (Options 1 and 2) discussed otherwise disclosing the information. and lignite) and replace it with a check- Please comment on (1) the accuracy of in item II. Comments are also invited, as off box to indicate the predominant rank our estimate, and (2) how the agency required by the Paperwork Reduction of coal receipts. could minimize the burden of the Act, on the coal data collections, EIA– In Part III of this survey, we propose collection of information, including the 1, 3, 3A, 4, 5, 5A, 6, and 7A. The use of automated collection techniques to delete the question relating to the following guidelines are provided to share of electricity sold to electric or other forms of information assist in the preparation of your utilities and rely on the EIA–867 for this technology. responses. When commenting on information. F. What is the estimated cost of specific form(s), please indicate to completing the form(s), including the EIA–5 which form(s) your comments apply. direct and indirect costs associated with This option would add State of origin General Issues the data collection? Direct costs should of coal receipts to the EIA–5 to fill include all costs, such as administrative another of the data gaps from EIA is interested in receiving costs, directly attributable to providing elimination of the EIA–6. Coal comments from persons regarding: this information. G. Do you know of any other Federal, consumption, cost, adjustments, and A. Whether the proposed collection of State, or local agency that collects coal stocks (Columns B, E, F, and G of information is necessary for the proper similar data? If you do, specify the the current form) would be reported in performance of the functions of the agency, the data element(s), and the the aggregate only. We propose to delete agency, including whether the information will have practical utility. methods of collection. the requirement for disaggregation of all H. Which option do you prefer and coal data by coal rank. Additionally, a Practical utility is the actual usefulness of information to or for an agency, why (Option 1 or Option 2)? column would be added to Part III of the I. If you have the capability, what is taking into account its accuracy, current form to clarify reporting for your electronic reporting preference adequacy, reliability, timeliness, and the intra-company transfers of coke. (FAX, Touch-Tone Telephone Data agency’s ability to process the Entry, Internet, etc.)? EIA–3A/EIA–5A information it collects. We propose to reduce the frequency B. What enhancements can EIA make As a Potential User of these surveys from annual to to the quality, utility, and clarity of the J. Can you use data at the levels of triennial. information to be collected? detail indicated on the form(s)? 47360 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices K. For what purpose would you use rafting staging area and launch ramps j. Comment Date: November 13, 1995. the data? Be specific. directly downstream of the Walters k. Description of Project: The L. Are there alternate sources of data Project powerhouse, on the Pigeon proposed project would consist of: (1) and do you use them? If so, what are River. The ramps and staging area are to either a siphon intake or a new 20-foot- their deficiencies and/or strengths? be available to both public boaters and high timber buttress dam; (2) the M. For the most part, coal data is commercial rafting companies. The plan existing unnamed lake has a surface published by EIA in short tons of coal. also establishes management guidelines area of 384 acres and 7,600 acre-feet of Would you prefer to see EIA publish for the recreational use of the river. storage, if the dam is built the surface more data in metric tons? If yes, please l. This notice also consists of the area would become 420 acres and specify what information (e.g., coal following standard paragraphs: B, C1, storage would be 8,400 acre-feet; (3) a production, coal consumption) and in and D2. 7,600-foot-long, 21-inch-diameter which EIA publication(s) you would 2 a. Type of Application: Amendment penstock; (4) a powerhouse containing like to see such information. to Recreation Plan. one generating unit with a capacity of Comments submitted in response to b. Project No.: 2685–003. 4,900 kW and an average annual this notice will be summarized and/or c. Date Filed: June 30, 1995. generation of 34.1 GWh; and (5) a 5- included in the request for OMB d. Applicant: New York Power mile-long transmission line. approval of the form(s). They also will Authority. No new access road will be needed to become a matter of public record. e. Name of Project: Blenheim-Gilboa. conduct the studies. The applicant Statutory Authority: Section 3506 (c)(2)(A) f. Location: Schoharie Creek, estimates that the cost of the studies to of the Paperwork Reduction Act of 1995 Schoharie County, New York. be conducted under the preliminary (Pub. L. No. 104–13). g. Filed Pursuant to: Federal Power permit would be $50,000. Issued in Washington, DC, September 6, Act, 16 U.S.C. 791(a)–825(r). l. Purpose of Project: Project power 1995. h. Applicant Contact: Mr. Charles would be sold. John Gross, Lipsky, New York Power Authority,123 m. This notice also consists of the Main Street, White Plains, NY 10601, Acting Director, Office of Statistical following standard paragraphs: A5, A7, Standards, Energy Information (914) 681–6200. A9, A10, B, C, and D2. Administration. i. FERC Contact: Patti Pakkala, (202) 4 a. Type of Application: Surrender of 219–0025. [FR Doc. 95–22629 Filed 9–11–95; 8:45 am] License. j. Comment Date: October 19, 1995. BILLING CODE 6450±01±P b. Project No.: 8133–053. k. Description of Project: New York c. Date Filed: July 19, 1995. Power Authority (Authority), licensee d. Applicant: B.S. Inc. Federal Energy Regulatory for the Blenheim-Gilboa Project, e. Name of Project: East Fork Ditch Commission requests approval of an amendment to Hydropower. the project recreation plan. Specifically, f. Location: On the East Fork Weiser [Project Nos. 432±022, et al.] the Authority requests approval of a River, in Adams County, ID. proposal to implement an archery g. Filed Pursuant to: Federal Power Hydroelectric Applications, Carolina hunting program on certain project Act, 16 USC Section 791(a)–825(r). Light and Power Company, et al.; lands. The hunting area would be h. Applicant Contact: David J. Notice of Applications designated with safety zones and would Stecher, B.S. Inc., 8211 Chesterfield Take notice that the following be jointly administered by the Authority Avenue, Boise, ID 83704, (208) 322– hydroelectric applications have been and the New York State Department of 2943. filed with the Commission and are Environmental Conservation. i. FERC Contact: Regina Saizan, (202) available for public inspection: l. This notice also consists of the 219–2673. 1 a. Type of Application: Whitewater following standard paragraphs: B, C1, j. Comment Date: October 19, 1995. Recreation Management and Site and D2. k. Description of Application: The Development Plan. 3 a. Type of Application: Preliminary licensee seeks to surrender the license b. Project No.: 432–022. Permit. for this unconstructed project because it c. Date Filed: August 1, 1995. b. Project No.: 11553–000. is insolvent and is unable to proceed d. Applicant: Carolina Power and c. Date filed: July 13, 1995. with construction. Light Company. d. Applicant: Lace River Hydro. l. This notice also consists of the e. Name of Project: Walters. e. Name of Project: Lace River. following standard paragraphs: B, C1, f. Location: Pigeon River, Haywood f. Location: In Tongass National and D2. Forest, at an unnamed lake, on an County, North Carolina. Standard Paragraphs g. Filed Pursuant to: Federal Power unnamed tributary of the Lace River, in Act, 16 U.S.C. 791(a)–825(r). the Borough of Juneau, Alaska. A5. Preliminary Permit—Anyone h. Applicant Contact: R.M. Coats, Township 34S, Range 63E, Sections 33 desiring to file a competing application Manager, Carolina Power and Light to 36, Township 35S, Range 63E, for preliminary permit for a proposed Company, P.O. Box 1551, Raleigh, NC Sections 1 to 4, 8, 9, 17 to 19, Township project must submit the competing 27602, (919) 546–6031. 35S, Range 63E, Section 19 and application itself, or a notice of intent to i. FERC Contact: Patti Pakkala, (202) Township 35S, Range 62E Sections 5, 8, file such an application, to the 219–0025. 16, 17, 22 to 24. Commission on or before the specified j. Comment Date: October 19, 1995. g. Filed Pursuant to: Federal Power comment date for the particular k. Description of Project: Carolina Act 16 USC §§ 791(a)–825(r). application (see 18 CFR 4.36). Power and Light Company (CP&L), h. Applicant Contact: Mr. Earle V. Submission of a timely notice of intent licensee for the Walters Project, requests Ausman, 1503 West 33rd allows an interested person to file the approval of a whitewater recreation Avenue,Anchorage, AK 99503, (907) competing preliminary permit management and site development plan. 258–2420. application no later than 30 days after As part of this plan, CP&L requests i. FERC Contact: Michael Spencer at the specified comment date for the approval for developing a whitewater (202) 219–2846. particular application. A competing Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47361 preliminary permit application must ‘‘PROTEST’’, ‘‘MOTION TO part of its FERC Gas Tariff, First Revised conform with 18 CFR 4.30(b) and 4.36. INTERVENE’’, as applicable, and the Volume No. 1, the following revised A7. Preliminary Permit—Any Project Number of the particular tariff sheet, to become effective qualified development applicant application to which the filing refers. September 1, 1995: desiring to file a competing Any of the above-named documents First Revised Sheet No. 149 development application must submit to must be filed by providing the original the Commission, on or before a and the number of copies provided by In connection with this change, specified comment date for the the Commission’s regulations to: The Alabama-Tennessee states that it has particular application, either a Secretary, Federal Energy Regulatory filed a revised statement of procedures competing development application or a Commission, 825 North Capitol Street, for compliance with the Standards of notice of intent to file such an N.E., Washington, D.C. 20426. An Conduct required pursuant to 18 CFR application. Submission of a timely additional copy must be sent to 161.3 and a report as to how it is notice of intent to file a development Director, Division of Project Review, complying with Standards E, F, and G application allows an interested person Federal Energy Regulatory Commission, required by the Commission in its to file the competing application no Room 1027, at the above-mentioned August 2, 1995 order in this proceeding. later than 120 days after the specified address. A copy of any notice of intent, Alabama-Tennessee has requested any comment date for the particular competing application or motion to waivers that may be required to accept application. A competing license intervene must also be served upon each and approve its filing as submitted. application must conform with 18 CFR representative of the Applicant Any person desiring to be heard or to 4.30(b) and 4.36. specified in the particular application. protest said filing should file a motion A9. Notice of intent—A notice of C1. Filing and Service of Responsive to intervene or protest with the Federal intent must specify the exact name, Documents—Any filings must bear in Energy Regulatory Commission, 825 business address, and telephone number all capital letters the title North Capitol Street, N.E., Washington, of the prospective applicant, and must ‘‘COMMENTS’’, D.C. 20426, in accordance with Sections include an unequivocal statement of ‘‘RECOMMENDATIONS FOR TERMS 385.211 and 385.214 of the intent to submit, if such an application AND CONDITIONS’’, ‘‘PROTEST’’, OR Commission’s Rules and Regulations. may be filed, either a preliminary ‘‘MOTION TO INTERVENE’’, as All such motions or protests should be permit application or a development applicable, and the Project Number of filed on or before September 13, 1995. application (specify which type of the particular application to which the Protests will be considered by the application). A notice of intent must be filing refers. Any of the above-named Commission in determining the served on the applicant(s) named in this documents must be filed by providing appropriate action to be taken, but will public notice. the original and the number of copies not serve to make protestants parties to A10. Proposed Scope of Studies under provided by the Commission’s the proceeding. Any person wishing to Permit—A preliminary permit, if issued, regulations to: The Secretary, Federal become a party must file a motion to does not authorize construction. The Energy Regulatory Commission, 825 intervene. Copies of this filing are on term of the proposed preliminary permit North Capitol Street, N.E., Washington, file with the Commission and are would be 36 months. The work D.C. 20426. A copy of any motion to available for public inspection in the proposed under the preliminary permit intervene must also be served upon each Public Reference Room. would include economic analysis, representative of the Applicant Lois D. Cashell, preparation of preliminary engineering specified in the particular application. Secretary. plans, and a study of environmental D2. Agency Comments—Federal, [FR Doc. 95–22539 Filed 9–11–95; 8:45 am] impacts. Based on the results of these state, and local agencies are invited to BILLING CODE 6717±01±M studies, the Applicant would decide file comments on the described whether to proceed with the preparation application. A copy of the application of a development application to may be obtained by agencies directly [Docket No. TM96±1±20±000] construct and operate the project. from the Applicant. If an agency does Algonquin Gas Transmission B. Comments, Protests, or Motions to not file comments within the time Intervene—Anyone may submit Company; Notice of Proposed specified for filing comments, it will be Changes in FERC Gas Tariff comments, a protest, or a motion to presumed to have no comments. One intervene in accordance with the copy of an agency’s comments must also September 6, 1995. requirements of Rules of Practice and be sent to the Applicant’s Take notice that on August 31, 1995, Procedure, 18 CFR 385.210, .211, .214. representatives. Algonquin Gas Transmission Company In determining the appropriate action to (Algonquin), filed to update its Annual take, the Commission will consider all Dated: September 6, 1995, Washington, DC. Charge Adjustment (ACA). Algonquin protests or other comments filed, but Lois D. Cashell, tendered for filing as part of its FERC only those who file a motion to Secretary. Gas Tariff, the following tariff sheets: intervene in accordance with the [FR Doc. 95–22538 Filed 9–11–95; 8:45 am] Commission’s Rules may become a BILLING CODE 6717±01±P Fourth Revised Volume No. 1 party to the proceeding. Any comments, Tenth Revised Sheet No. 21 protests, or motions to intervene must Tenth Revised Sheet No. 22 [Docket No. MT95±18±000] be received on or before the specified Seventh Revised Sheet No. 23 comment date for the particular Alabama-Tennessee Natural Gas Seventh Revised Sheet No. 24 application. Seventh Revised Sheet No. 25 Company; Notice of Proposed Seventh Revised Sheet No. 27 C. Filing and Service of Responsive Changes in FERC Gas Tariff Documents—Any filings must bear in Sixth Revised Sheet No. 29 Sixth Revised Sheet No. 31 September 6, 1995. all capital letters the title Sixth Revised Sheet No. 35 ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT Take notice that on August 31, 1995, TO FILE COMPETING APPLICATION’’, Alabama-Tennessee Natural Gas Original Volume No. 2 ‘‘COMPETING APPLICATION’’, Company tendered for filing to become Seventh Revised Sheet No. 259 47362 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices Fifth Revised Sheet No. 343 Energy Regulatory Commission, 825 inspection in the Public Reference Fourth Revised Sheet No. 431 North Capitol Street, N.E., Washington, Room. Algonquin states that this filing D.C. 20426, in accordance with 18 CFR Lois D. Cashell, decreases its current ACA charge by 385.214 and 385.211 of the Secretary. $0.0001 per MMBtu to $.0022 per Commission’s Rules and Regulations. [FR Doc. 95–22544 Filed 9–11–95; 8:45 am] MMBtu. Algonquin respectfully All such petitions or protests should be BILLING CODE 6717±01±M requests that these tariff sheets be filed on or before September 13, 1995. accepted effective October 1, 1995. Protests will be considered by the Algonquin states that copies of this Commission in determining the [Docket No. TM96±1±70±000] tariff filing were mailed to all firm appropriate action to be taken, but will customers of Algonquin and interested not serve to make protestants parties to Columbia Gulf Transmission state commissions. the proceeding. Any person wishing to Any person desiring to be heard or to Company; Notice of Proposed protest said filing should file a motion become a party must file a motion to Changes In FERC Gas Tariff intervene. Copies of this application are to intervene or protest with the Federal September 6, 1995. Energy Regulatory Commission, 825 on file with the Commission and are North Capitol Street NE., Washington, available for public inspection. Take notice that on August 31, 1995, D.C. 20426, in accordance with 18 CFR Lois D. Cashell, Columbia Gulf Transmission Company 385.214 and 385.211 of the Secretary. (Columbia Gulf) tendered for filing to Commission’s Rules and Regulations. [FR Doc. 95–22546 Filed 9–11–95; 8:45 am] become part of its FERC Gas Tariff, Second Revised Volume No. 1, the All such motions or protests should be BILLING CODE 6717±01±M filed on or before September 13, 1995. following tariff sheets, to be effective Protest will be considered by the October 1, 1995: Commission in determining the Eighth Revised Sheet No. 018 [Docket No. TM96±1±32±000] appropriate action to be taken, but will Eighth Revised Sheet No. 019 not serve to make protestants parties to Colorado Interstate Gas Company; the proceeding. Any person wishing to Columbia Gulf states that the listed Notice of Tariff Filing become a party must file a motion to tariff sheets set forth the adjustment to intervene. Copies of this filing are on September 6, 1995. its rates applicable to the Annual Charge file with the Commission and are Adjustment (ACA), pursuant to the available for public inspection in the Take notice that on August 31, 1995, Commission’s Regulations and Section Public Reference Room. Colorado Interstate Gas Company (CIG) 32 of the General Terms and Conditions Lois D. Cashell, filed Thirteenth Revised Sheet No. 11 of of its FERC Gas Tariff, Second Revised its FERC Gas Tariff, First Revised Secretary. Volume No. 1. Volume No. 1, reflecting an increase in [FR Doc. 95–22543 Filed 9–11–95; 8:45 am] Columbia Gulf states further that it the fuel retention percentage for Lost, BILLING CODE 6717±01±M ′ has recalculated the Commission’s Unaccounted-For and Other Fuel Gas revised ACA per Mcf of $0.0023 to a rate from (1.16%) to (1.12%), reflecting an per Dth of $0.0023. The adjusted ACA [Docket No. TM96±1±48±000] increase in the fuel retention percentage Unit Surcharge will be billed for the for Transportation Fuel Gas from 1.92% fiscal year commencing October 1, 1995. ANR Pipeline Company; Notice of to 2.17%, and reflecting a decrease in Columbia Gulf states that copies of Proposed Changes in FERC Gas Tariff the fuel retention percentage for Storage the filing were served upon the Fuel Gas from 1.46% to 1.36% effective September 6, 1995. Company’s firm customers and Take notice that on August 31, 1995, October 1, 1995. interested state commissions. ANR Pipeline Company (ANR) tendered CIG states that copies of this filing for filing as part of its FERC Gas Tariff, Any person desiring to be heard or to have been served on CIG’s jurisdictional protest said filing should file a motion Second Revised Volume No. 1 and customers and public bodies. Original Volume No. 2, tariff sheets as to intervene or protest with the Federal Any person desiring to be heard or to referenced below, proposed to be Energy Regulatory Commission, 825 protest said filing should file a motion effective October 1, 1995: North Capitol Street, N.E., Washington, to intervene or a protest with the D.C. 20426, in accordance with Rules Second Revised Volume No. 1 Federal Energy Regulatory Commission, 211 and 214 of the Commission’s Rules Eighth Revised Sheet No. 17 825 North Capitol Street, N.E., of Practice and Procedure. All such Original Volume No. 2 Washington, D.C. 20426, in accordance motions or protests should be filed on with Sections 385.211 and 385.214 of or before September 13, 1995. Protests Second Revised Sheet No. 14 the Commission’s Rules of Practice and will be considered by the Commission ANR states that the above referenced Procedure (18 CFR Sections 385.214, in determining the appropriate action to tariff sheets are being filed to adjust its and 385.211). All such petitions or be taken, but will not serve to make Annual Charge Adjustment (ACA) rate protests should be filed on or before protestants parties to the proceedings. as permitted by Section 24 of its Second Any person wishing to become a party Revised Volume No. 1 FERC Gas Tariff. September 13, 1995. Protests will be considered by the Commission in must file a motion to intervene. Copies The new ACA rate to be charged by of Columbia’s filings are on file with the ANR will be effective October 1, 1995. determining the appropriate action to be taken, but will not serve to make Commission and are available for public ANR states that all of its customers inspection. and interested State Commissions have protestants parties to the proceeding. been mailed a copy of this filing. Any person wishing to become a party Lois D. Cashell, Any person desiring to be heard or to must file a motion to intervene. Copies Secretary. protest said filing should file a motion of this filing are on file with the [FR Doc. 95–22547 Filed 9–11–95; 8:45 am] to intervene or protest with the Federal Commission and are available for public BILLING CODE 6717±01±M Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47363 [Docket No. TM96±1±34±000] Energy Regulatory Commission, 825 Commission’s Regulations. All such North Capitol Street, NE., Washington, motions or protests should be filed on Florida Gas Transmission Company; DC 20426 in accordance with Sections or before September 13, 1995. Protests Notice of Proposed Changes in FERC 385.211 and 385.214 of the will be considered by the Commission Gas Tariff Commission’s Rules and Regulations. in determining appropriate action to be September 6, 1995. All such motions or protests should be taken, but will not serve to make Take notice that on August 31, 1995, filed on or before September 13, 1995. protestants parties to the proceedings. Florida Gas Transmission Company Protests will be considered by the Any person wishing to become a party (FGT), tendered for filing to become part Commission in determining the must file a Motion to Intervene. Copies of its FERC Gas Tariff, Third Revised appropriate action to be taken, but will of this filing are on file with the Volume No. 1, the following tariff not serve to make protestants parties to Commission and are available for public sheets, to become effective October 1, the proceeding. Any person wishing to inspection. 1995: become a party must file a motion to Lois D. Cashell, intervene. Copies of this filing are on Fifth Revised Eighth Revised Sheet No. 8A Secretary. Fourth Revised Sheet No. 8A.01 file with the Commission and are [FR Doc. 95–22542 Filed 9–11–95; 8:45 am] Fourth Revised Original Sheet No. 8A.02 available for public inspection in the BILLING CODE 6717±01±M Third Revised Seventh Revised Sheet No. 8B Public Reference Room. Third Revised Original Sheet No. 8B.01 Lois D. Cashell, Secretary. FGT states that the instant filing is [Docket No. TM96±1±114±000] submitted in conformance with the [FR Doc. 95–22545 Filed 9–11–95; 8:45 am] requirements of Section 27 of its FERC BILLING CODE 6717±01±M Mobile Bay Pipeline Company; Notice Gas Tariff, Third Revised Volume No. 1, of Filing of Revised Tariff Sheets which provides that FGT will file a Fuel [Docket No. TM96±1±11±000] Reimbursement Charge Adjustment to September 6, 1995. be effective each April 1 and October 1, Koch Gateway Pipeline Company; Take notice that on August 31, 1995, as applicable. Section 27.C. states that Notice of Filing of Revised Tariff Mobile Bay Pipeline Company (Mobile the Current Fuel Reimbursement Charge Sheets Bay) tendered for filing to become part Percentage will be the quotient resulting of its FERC Gas Tariff, Second Revised from fuel used and lost and September 6, 1995. Volume No. 1, the following tariff sheets unaccounted for gas, less fuel retained Take notice that on August 31, 1995, to be effective October 1, 1995: Koch Gateway Pipeline Company (Koch for Western Division deliveries, divided Second Revised Sheet No. 4 by volumes delivered, excluding Gateway), tendered for filing to become Western Division deliveries, during the part of its FERC Gas Tariff, Fifth Revised Mobile Bay states that the above six-month period commencing one year Volume No. 1, the following tariff sheets referenced tariff sheets reflect a revision prior to the effective date of the Fuel to be effective October 1, 1995: to the unit rate of the Annual Charge Reimbursement Charge Adjustment. Seventh Revised Sheet No. 20 Adjustment (ACA) Clause to be Further, Section 27.C. permits FGT to Seventh Revised Sheet No. 21 generally applied to interstate natural file for adjustments to that calculation to Seventh Revised Sheet No. 22 gas pipeline rates for the recovery of the provide for known and measurable Fourth Revised Sheet No. 23 1992 Annual Charges, pursuant to Order changes if documented by supporting Seventh Revised Sheet No. 24 No. 472. work papers. Koch Gateway states that the above Mobile Bay states that this revision FGT states it has extended the period referenced tariff sheets reflect a revision authorizes Mobile Bay to collect $0.0023 for computing the Current Fuel to the unit rate of the Annual Charge per each Mcf of natural gas transported Reimbursement Charge Percentage an Adjustment (ACA) Clause to be applicable to the 1995 Annual charge additional two months in order to generally applied to interstate natural assessed Mobile Bay by the Commission reflect the known and measurable gas pipeline rates for the recovery of the under Part 382 of the Commission’s changes in actual fuel usage and 1995 Annual Charges, pursuant to Order Regulations. unaccounted for volumes which have No. 472. occurred in the most recent two months Koch Gateway states that this revision Mobile Bay also states that the tariff for which accounting data is available. authorizes Koch Gateway to collect sheets are being mailed to its customers FGT states this adjustment is required in $0.0023 per each Mcf ($0.0022 per and to interested State commissions. order to more precisely reflect fuel Mmbtu as converted on Koch Gateway’s Any person desiring to be heard or to usage and unaccounted for volumes system) of natural gas transported protest said filing should file a motion currently being experienced by FGT. applicable to the 1995 Annual Charge to intervene or protest with the Federal The proposed Current Fuel assessed Koch Gateway by the Energy Regulatory Commission, 825 Reimbursement Charge Percentage as Commission under Part 382 of the North Capitol Street, NE., Washington, determined by the ratio of fuel usage Commission’s Regulations. DC 20426, in accordance with Sections and unaccounted for volumes to Koch Gateway also states that the 385.214 and 385.211 of the deliveries, exclusive of Western tariff sheets are being mailed to its Commission’s Regulations. All such Division fuel and deliveries, for the customers and to interested state motions or protests should be filed on period October 1, 1994 through May 31, commissions. or before September 13, 1995. Protests 1995 is 3.26%, a reduction from the Any person desiring to be heard or to will be considered by the Commission previously effective Current Fuel protest said filing should file a motion in determining appropriate action to be Reimbursement Charge Percentage of to intervene or protest with the Federal taken, but will not serve to make 3.34%. Energy Regulatory Commission, 825 protestants parties to the proceedings. Any person desiring to be heard or to North Capitol Street, N.E., Washington, Any person wishing to become a party protest said filing should file a motion D.C. 20426, in accordance with sections must file a motion to intervene. Copies to intervene or protest with the Federal 385.214 and 385.211 of the of this filing are on file with the 47364 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices Commission and are available for public proposed effective date of the revised DATES: Comments must be submitted on inspection. tariff sheets is September 1, 1995. or before November 13, 1995. Lois D. Cashell, Transco states that the purpose of the ADDRESSES: Office of Solid Waste and Secretary. instant filing is to place into effect on Emergency Response, 401 M Street SW., [FR Doc. 95–22548 Filed 9–11–95; 8:45 am] September 1, 1995, upon the conclusion Washington, DC 20460, MS 5101. of the suspension period in this BILLING CODE 6717±01±M Remit Comments to: Sella M. proceeding, the rates filed herein on Burchette, US EPA/ERT, 2890 March 1, 1995, as adjusted (1) to Woodbridge Ave, Blg 18, MS 101, [Docket No. TM96±1±9±000] eliminate the costs associated with Edison, NJ 08837–3679. facilities not in service as of August 31, FOR FURTHER INFORMATION CONTACT: Tennessee Gas Pipeline Company; 1995, the end of the RP95–197 test Sella M. Burchette, (908) 321–6726 / Notice of Proposed Changes In FERC period (2) to incorporate, as appropriate, Gas Tariff FAX: (908) 321–6724 / intervening filings which have been [email protected] made effective or are pending before the September 6, 1995. SUPPLEMENTARY INFORMATION: Affected Commission to become effective Take notice that on August 31, 1995, entities: Entities affected by this action subsequent to the March 1, 1995, filing Tennessee Gas Pipeline Company are those State and local employees in this docket and (3) to revise tariff (Tennessee) tendered for filing to engaged in hazardous waste operations sheet nos. 1300A and 1300B (Rate become part of its FERC Gas Tariff, Fifth and emergency response in the 27 States Schedule X–140) in compliance with Revised Volume No. 1, Fourteenth that do not have Occupational Safety the Commission’s June 20, 1995 order Revised Sheet No. 30, with a proposed and Health Administration (OSHA) on rehearing. effective date of October 1, 1995. Transco states that it is serving copies approved State plans. Tennessee states that the purpose of Title: EPA Worker Protection of the instant filing to its customers, this filing is to reflect a decrease in the Standard for Hazardous Waste State commissions and other interested ACA rate adjustment to Tennessee’s Operations and Emergency Response, parties to Docket No. RP95–197. # # commodity rates for the period October Any person desiring to protest said EPA ICR 1426.03, OMB Control 1, 1995 through September 30, 1996. filing should file a protest with the 2050–0105, Expiration 1–31–96. Tennessee states that the tariff sheet Federal Energy Regulatory Commission, Abstract: Section 126 (f) of the reflects a decrease of $.0001 per Dth in 825 North Capitol Street, N.E. Superfund Amendments and the ACA adjustment surcharge, resulting Washington, D.C. 20426, in accordance Reauthorization Act of 1986 (SARA) in a new ACA rate of $.0022/Dth. with 385.211 of the Commission’s Rules require EPA to set worker protection Tennessee states that copies of the and Regulations. All such motions or standards for State and local employees filing have been mailed to all affected protests should be filed on or before engaged in hazardous waste operations parties. September 13, 1995. Protests will be and emergency response in the 27 States Any persons desiring to be heard or considered by the Commission in that do not have Occupational Safety to protest said filing should file a determining the appropriate action to be and Health Administration approved motion to intervene or a protest with the taken, but will not serve to make State plans. The EPA coverage, required Federal Energy Regulatory Commission, protestants parties to the proceeding. to be identical to the OSHA standards, 825 North Capitol Street NE., Copies of this filing are on file with the extends to three categories of Washington, DC 20426, in accordance Commission and are available for public employees: those in clean-ups at with Rules 211 and 214 of the inspection in the Public Reference uncontrolled hazardous waste sites, Commission’s Rules of Practice and Room. including corrective actions at Procedure (18 CFR Sections 385.211 and Lois D. Cashell, Treatment, Storage and Disposal (TSD) 385.214). All such motions or protests facilities regulated under the Resource Secretary. should be filed before September 13, Conservation and Recovery Act (RCRA); 1995. Protests will be considered by the [FR Doc. 95–22540 Filed 9–11–95; 8:45 am] employees working at routine hazardous Commission in determining the BILLING CODE 6717±01±M waste operations at RCRA TSD facilities; appropriate action to be taken, but and employees involved in emergency persons wishing to become a party must response operations without regard to file a motion to intervene. Copies of this ENVIRONMENTAL PROTECTION location. This ICR renews the existing filing are on file with the Commission AGENCY mandatory recordkeeping collection of and are available for public inspection. [FRL±5294±7] ongoing activities including monitoring Lois D. Cashell, of any potential employee exposure at Secretary. Agency Information Collection uncontrolled hazardous waste site, [FR Doc. 95–22541 Filed 9–11–95; 8:45 am] Activities up for Renewal maintaining records of employee training, refresher training, medical BILLING CODE 6717±01±M AGENCY: Environmental Protection Agency (EPA). exams, and reviewing emergency response plans. [Docket No. RP95±197±004] ACTION: Notice. The EPA would like to solicit comments to: Transcontinental Gas Pipe Line SUMMARY: In compliance with the Corporation; Notice of Tariff Filing Paperwork Reduction Act (44 U.S.C. (i) Evaluate whether the proposed 3501 et seq.), this notice announces that collection of information is necessary for the September 6, 1995. the Information Collection Request (ICR) proper performance of the functions of the Take notice that on August 31, 1995, listed below is coming up for renewal. agency, including whether the information Transcontinental Gas Pipe Line Before submitting the renewal package will have practical utility; (ii) Evaluate the accuracy of the agency’s Corporation (Transco), tendered for to the Office of Management and Budget estimates of the burden of the proposed filing certain revised tariff sheets to its (OMB), EPA is soliciting comments on collection of information; FERC Gas Tariff, Third Revised Volume specific aspects of the collection as (iii) Enhance the quality, utility and clarity No. 1 and Original Volume No. 2. The described below. of the information to be collected; and Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47365 (iv) Minimize the burden of the collection Subject: Implementation of Sections of FOR FURTHER INFORMATION CONTACT: of information on those who are to respond, the Cable Television Consumer Edwin W. Baker, Executive Director, or including through the use of appropriate Protection and Competition Act of Marc L. Weinberg, General Counsel, at automated collection techniques or other 1992—Rate Regulations. (MM (202) 634–6520, Appraisal forms of information technology, e.g. Subcommittee, 2100 Pennsylvania permitting electronic submission of Docket Nos. 92–266 and 93–215) responses. Number of Petitions Filed: 2 Avenue NW., Suite 200, Washington, Subject: Amendment of Section D.C. 20037. Burden Statement: The annual 73.202(b), Table of Allotments, FM SUPPLEMENTARY INFORMATION: recordkeeping burden for this collection Broadcast Stations. (Romeny, West is estimated to average 10.64 hours per Virginia) (MM Docket No. 94–137 I. Introduction and Background site or event. The estimated number of and RM–8532) Since January 1, 1993, Title XI of the respondents is approximated at 100 Number of Petitions Filed: 1. Financial Institutions Reform, Recovery RCRA regulated TSD facilities or Federal Communications Commission. and Enforcement Act of 1989 (‘‘Title uncontrolled hazardous waste sites; 1 William F. Caton, XI’’), as amended, has required all 23,900 State and local police federally regulated financial institutions Acting Secretary. departments, fire departments or to use State licensed or certified real hazardous materials response teams. [FR Doc. 95–22533 Filed 9–11–95; 8:45 am] estate appraisers, as appropriate, to The estimated total burden hours on BILLING CODE 6712±01±M perform appraisals in federally related respondents: 255,427. The frequency of transactions. See § 1119(a) of Title XI, collection: continuous maintenance or 12 U.S.C. 3348(a). In response to Title records. No person is required to FEDERAL FINANCIAL INSTITUTIONS XI, each State, territory and the District respond to a collection of information EXAMINATION COUNCIL of Columbia (‘‘State’’) has established a unless it displays a currently valid OMB regulatory program for certifying, [Docket No. AS95±1] control number. The OMB control licensing and supervising real estate numbers for EPA’s regulations are Appraisal Subcommittee; Appraisal appraisers. In turn, the ASC has been displayed in 40 CFR part 9. Regulation; Temporary Practice and closely monitoring State programs to Send comments regarding these Reciprocity ensure their compliance with Title XI. matters, or any other aspect of the While Title XI authorizes each State information collection, including AGENCY: Appraisal Subcommittee, to certify, license, and supervise real suggestions for reducing the burden, to Federal Financial Institutions estate appraisers within its jurisdiction, the address listed above. Examination Council. the Title also provides a means for Dated: September 6, 1995. ACTION: Notice. appraisers licensed or certified in one Stephen D. Luftig, State to practice on a temporary basis in SUMMARY: another State. Section 1122(a)(1) of Title Director, Office of Emergency and Remedial The Appraisal Subcommittee Response. (‘‘ASC’’) of the Federal Financial XI, 12 U.S.C. 3351(a)(1), specifically requires ‘‘[a] State appraiser certifying [FR Doc. 95–22622 Filed 9–11–95; 8:45 am] Institutions Examination Council is publishing this Notice to solicit public or licensing agency [to] recognize on a BILLING CODE 6560±50±P comments on how it should implement temporary basis the certification or section 315 of the Riegle Community license of an appraiser issued by Development and Regulatory another State if—(A) the property to be FEDERAL COMMUNICATIONS Improvement Act of 1994 (‘‘CDRIA’’). appraised is part of a federally related COMMISSION The ASC anticipates that the comments transaction, (B) the appraiser’s business generated during this process will is of a temporary nature, and (C) the [Report No. 2097] facilitate the establishment of a more appraiser registers with the appraiser efficient and uniform system for certifying or licensing agency in the Petition for Reconsideration of Actions providing temporary practice and State of temporary practice.’’ in Rulemaking Proceedings; reciprocity to State certified and As discussed in more detail below, September 7, 1995 licensed appraisers. reciprocity provides appraisers certified or licensed in one State with a means to Petition for reconsideration has been DATES: Comments must be received on practice in another State on a permanent filed in the Commission rulemaking or before December 11, 1995. basis. While Title XI, until recently, did proceedings listed in this Public Notice ADDRESSES: Persons wishing to submit not specifically mention reciprocity, the and published pursuant to 47 CFR written comments should file them with ASC encouraged States to enter into Section 1.429(e). The full text of these Edwin W. Baker, Executive Director, reciprocal appraiser licensing and documents are available for viewing and Appraisal Subcommittee, 2100 certification agreements and copying in Room 239, 1919 M Street Pennsylvania Avenue NW., Suite 200, arrangements. NW., Washington, DC or may be Washington, D.C. 20037. Comments In September 1994, Section 315 of purchased from the Commission’s copy may be forwarded via fax to (202) 634– CDRIA was enacted. Pub. L. 103–325, contractor ITS, Inc. (202) 857–3800. 6555 or by Internet e-mail to 108 Stat. 2160, 2222 (1994). CDRIA Opposition to this petition must be filed [email protected]. All comment letters, amended Section 1122(a) of Title XI by by September 27, 1995. See § 1.4(b)(1) of including those filed electronically, adding new subparagraph (2) pertaining the Commission’s rules (47 CFR should refer to Docket No. AS95–1. All to temporary practice and new 1.4(b)(1)). Replies to an opposition must comment letters will be available for paragraph (b) regarding reciprocity: be filed within 10 days after the time for public inspection and copying at the filing oppositions has expired. ASC’s offices. Comments submitted 1 Pub. L. 101–73, 103 Stat. 183 (1989), as Subject: Administration of the North electronically also will be publicly amended by Pub. L. 102–233, 105 Stat. 1792 (1991), American Numbering Plan. (CC available in the ASC Forum on Pub. L. 102–242, 105 Stat. 2386 (1991), Pub. L. 102– 550, 106 Stat. 3672 (1992), Pub. L. 102–485, 106 Docket No. 92–237) Appraisal Profession Online at (703) Stat. 2771 (1992), and Pub. L. 103–325, 108 Stat. Number of Petitions Filed: 2 478–5502. 2222 (1994). 47366 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices (2) Fees for temporary practice. A State certified or licensed appraisers need to interested parties, including lenders and appraiser certifying or licensing agency shall be subject to the host State’s full appraisers, have commented that not impose excessive fees or burdensome regulatory jurisdiction and, therefore, reciprocity is at least as critical as requirements, as determined by the Appraisal must comply with the State’s real estate temporary practice. As noted above, Subcommittee, for temporary practice under this subsection. appraisal statutes and regulations. reciprocity involves a permanent Moreover, the State should treat recognition of another State’s certified * * * * * (b) Reciprocity. The Appraisal temporary practitioners like any other or licensed appraisers. It generally Subcommittee shall encourage the States to appraisers certified or licensed by the means that a host State will credential develop reciprocity agreements that readily State who wish to perform appraisals in a person based upon that person having authorize appraisers who are licensed or federally related transactions. In been credentialed by his or her home certified in one State (and who are in good addition, the Statement noted that the State. It also could involve mutual standing with their State appraiser certifying host State agency should take agreements or understandings among or licensing agency) to perform appraisals in jurisdiction of any complaints regarding States for their certified or licensed other States. the temporary practicing appraiser’s appraisers to operate freely within those The Senate Report to accompany S. appraisal activities within the State. States without any further registration, 1275, issued on October 28, 1994, by the As a matter of policy, the ASC, as part credentialing, or administrative action. Senate Committee on Banking, Housing, of the field review process, has written At this time, no States have and Urban Affairs, said: States agencies about temporary practice implemented reciprocity agreements of The Committee’s intent is to enable fees of $100 or more or permits issued this nature. qualified appraisers to practice in a number on less than a per assignment basis, first Reciprocity, as practiced today, of States without anticompetitive restrictions. requesting the basis for the restrictions requires that an appraiser who is S. Rep. No. 103–169, 103d Cong., 2d Sess. 53 and then, if appropriate, requesting certified or licensed in State A and (1994), reprinted in 1994 U.S. Code Cong. & liberalization of the restrictions. Some reciprocally certified or licensed in Admin. News 1937. States have been responsive to the State B must comply with both States’ II. ASC Policies Regarding, and Current ASC’s recommendations; others have appraiser laws, including those Status of, Temporary Practice not. While the ASC believes that Policy requiring continuing education and the Statement 5 and its field review payment of certification, licensing and Soon after the full implementation of program have been effective in helping Federal fees. Generally, the appraiser is Title XI in January 1993, and based on to ensure a certified or licensed not required to take and pass State B’s the ASC’s reviews of State appraiser appraiser’s ability to engage in certification or licensing examinations. regulatory programs, the ASC issued temporary practice, issues remain. Two The appraiser, however, usually must Policy Statements Regarding State States still do not permit temporary submit, to State B, a copy of his or her Certification and Licensing of Real practice. Of the States that do, some credentials, a statement of good Estate Appraisers (August 1993). Policy impose short time limits on length of standing, a consent to local service of Statement 5 specifically addressed permits. In addition, almost 40 States process and the payment of appropriate temporary practice issues. The require temporary practice registrants to fees. Or, State B might grant the Statement, among other things: (1) file a ‘‘letter of good standing,’’ which requested certificate or license ‘‘by Recognized that a certified or licensed must be obtained from the home State endorsement’’ upon payment of State’s appraiser from State A, who has an agency. This requirement often has B’s certification or licensing fee. Many assignment concerning a federally resulted in unnecessary delays in the States use both methods. A few States related transaction in State B, has a issuance of temporary practice permits. may accept the examination results of statutory right to enter State B, register Moreover, States charge insurance fees, other States, but require the applicant to with the State agency in State B and ranging from $5 to $40, per letter. complete the remainder of the perform the assignment; and (2) Frequently, the charges must be paid by application, which then is fully informed States that: (a) they could not certified check, which results in further reviewed by the State agency. As of unreasonably hamper the exercise of delays. December 31, 1994, all but one State temporary practice rights, (b) out-of- had some sort of reciprocity program in State certified or licensed appraisers III. ASC Policies Regarding, and place. should register for temporary practice Current Status of, Reciprocity Differences in reciprocity procedures prior to performing the subject The ASC, in Statement 6 of its Policy and requirements remain problematic. appraisal, and (c) temporary practice Statements, endorsed reciprocity and While some regions of the United States systems should process registrations urged the States to establish permanent have successfully arrived at regional promptly and efficiently. The ASC reciprocity arrangements promptly to reciprocity agreements, others have not, suggested that an acceptable model for address the needs of certified or in part because some States have higher temporary practice procedures would licensed appraisers who practice on a education and experience requirements include a nominal per assignment fee, non-temporary, multistate basis.2 Many for applicants than those promulgated proof of a valid license or certificate and by the Appraiser Qualifications Board the completion of a reasonable 2 The ASC suggested in the Policy ‘‘that States (‘‘AQB’’). Other States require letters of temporary practice registration form. consider implementing, at a minimum, the good standing from each State of following features in their reciprocity policies: The Statement covered several technical • certification or licensing. In the ASC’s matters, such as defining the terms, A simple application; view, these differences continue to • No reexamination; ‘‘assignment’’ and ‘‘temporary’’ and • No additional review of an applicant’s burden the free movement of certified or providing guidance on permissible State education or experience; licensed appraisers across State lines limitations on temporary practice. • Reciprocal licensing or certification fees similar and to cause confusion among The Statement addressed how States in amount to the corresponding fees for ‘home’ appraisers and users of appraisal should enforce their statutes and State appraisers; and services. • The collection and forwarding to the ASC of regulations regarding appraisers who the National Registry [of State Certified or Licensed The ASC believes that States should perform appraisals as temporary Real Estate Appraisers (‘‘National Registry’’)] fee for accept other States’ certifications and practitioners. For example, out-of-State each reciprocally licensed or certified appraiser.’’ licenses without reexamining Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47367 applicants’ underlying education or with State B’s appraiser statutes and with, and provide assistance to, the experience, as long as each State has regulations. If a complaint were filed home State agency in its investigation of appraiser qualification criteria that meet with State B’s appraiser regulatory the appraiser’s practices. the minimum standards for certification agency respecting the activities of the 2. Self-certification of Compliance with and licensure as determined by the appraiser while in State B, the Specific Standards AQB, uses appraiser certification and complaint would be investigated and licensing examinations that are AQB handled by State B, with that State This approach would incorporate the endorsed and continues to perform sending a copy of the complaint to State specific standards presented above, but education and experience reviews A’s appraiser regulatory agency. State would shift from the ASC to States and competently. A’s agency would be encouraged to their State agencies the ongoing duty of assist State B actively in its ascertaining whether their temporary IV. Alternatives investigation, and State A could also practice statutes, regulations, The ASC is publishing this Notice to take any independent disciplinary procedures, fees and practices are solicit public comments on how it action within its power. Consistent with consistent with the ASC’s standards. In should implement Congress’s directives legal principles guiding interstate essence, it would create a ‘‘safe harbor’’ as set forth in CDRIA. The ASC relations, State A would honor State B’s for States and State agencies that anticipates that the comments generated final decision pertaining to the conform to the ASC’s standards. This during this process will facilitate the complaint. safe harbor would vanish upon a establishment of a more efficient and B. Other Temporary Practice determination by the State or the ASC uniform system for providing temporary Alternatives that an element of the State’s temporary practice and reciprocity to State practice program appears to certified and licensed appraisers. The 1. Specific Standards unreasonably burden the free movement following sections present for public This approach would establish of certified or licensed appraisers across consideration and comment several specific guidelines for temporary State lines. possible approaches. practice fee levels and practices and 3. General Standards procedures. The standards could: A. A Universal ‘‘Drivers License’’ • Approach to Both Temporary Practice Make temporary practice available This approach would avoid specific and Reciprocity only on a ‘‘per assignment’’ basis; standards of any kind and basically • Prohibit time limitations of less would incorporate Title XI’s language While a State’s licensing or than six months on the duration of into the ASC’s written guidance to the certification of professionals, such as temporary practice permits; States. Thus, the ASC would require appraisers, differs in substantial ways • Allow temporary practitioners to States: from awarding persons permits to drive have one permit extension; • • To recognize on a temporary basis vehicles, a ‘‘drivers license’’ approach to Prohibit a State from charging a fee the certification or license of an both reciprocity and temporary practice exceeding a fixed amount, e.g., $50, for appraiser issued by another State, if the seems to warrant serious consideration. each temporary practice permit; • property to be appraised is part of a States have successfully worked out Enable an appraiser to have at least federally related transaction, the procedures to honor valid drivers two temporary practice permits per appraiser’s business is of a temporary licenses of non-resident drivers and to year; nature and the appraiser registers with • Prohibit mandatory affiliation prosecute their illegal driving activities the State agency in the State of requirements for temporary under local law. temporary practice; and As applied to real estate appraisers, practitioners; • Not to impose excessive fees or this approach would enable a real estate • Require a State’s acceptance of an burdensome requirements for temporary appraiser with a valid certification or out-of-State appraiser’s qualifications practice, as determined by the ASC. license 3 to perform his or her appraisal strictly on the basis of the presentation functions in any State. To enforce of his or her license or certification and C. Other Reciprocity Approaches violations, State agencies would have sworn statement that it is in good The ASC is required by Title XI to ready access to one or more systems to standing in all States of certification or ‘‘encourage the States to develop allow them to determine the status of licensure. Existing State requirements reciprocity agreements,’’ and those any single certificate or license holder. for appraisers to obtain home State agreements need to ‘‘readily authorize’’ Such a system could be based on letters of good standing would be out-of-State licensed or certified records from, either the appraiser’s eliminated. Instead, an appraiser’s appraisers (who are in good standing home State of certification or licensure status would be validated through the with their State) ‘‘to perform appraisals or the National Registry. use of the National Registry (perhaps via in other States.’’ The following More specifically, an appraiser electronic access) or the relevant State approaches could be used separately or certified or licensed in State A could appraiser registry; in tandem: travel to State B and perform an • Require out-of-State appraisers to appraisal without notifying State B’s register, rather than apply, for 1. Create a General Federal Duty appraiser regulatory agency. While in temporary practice; • The ASC could create a duty for each State B, the appraiser would need to Require requests for temporary State and State agency to work perform his or her duties in accordance practice to be processed in no more than five business days from receipt; expeditiously and conscientiously with • 3 The appraiser would have only one license or Require the State of temporary other States and State agencies with a certification. Because the single credential would practice to take regulatory responsibility view toward satisfying the purposes of enable the appraiser to practice in more than one for a visiting appraiser’s unethical, the statutory language. The ASC would State, States would no longer charge separate fees incompetent or fraudulent practices monitor each State’s progress and could for temporary practice or reciprocity, and appraisers performed while within the State; and take positive steps to work with and would have to pay only one annual National • Registry fee to the ASC through their home State Require the State agency in the encourage States to work out issues and agency. State of temporary practice to cooperate difficulties whenever appropriate. 47368 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 2. Request States to Create and File FEDERAL RESERVE SYSTEM B. Federal Reserve Bank of Kansas Plans City (John E. Yorke, Senior Vice First Union Corporation, et al.; President) 925 Grand Avenue, Kansas The ASC could request each State to Acquisitions of Companies Engaged in City, Missouri 64198: draft and file with the ASC a plan to Permissible Nonbanking Activities 1. Downs Bancshares, Inc., Downs, accomplish reciprocity with at least all Kansas; to acquire Cushing Insurance, contiguous States by a specific time. For The organizations listed in this notice Inc., Downs, Kansas, and thereby engage States not sharing geographically have applied under § 225.23(a)(2) or (f) in the sale of general insurance in a contiguous borders with any other State, of the Board’s Regulation Y (12 CFR town of less than 5,000 in population, such as Alaska and Hawaii, those States 225.23(a)(2) or (f)) for the Board’s pursuant to § 225.25(b)(8)(iii)(A) of the would need to draft a plan to include approval under section 4(c)(8) of the Board’s Regulation Y. The geographic States that certify or license appraisers Bank Holding Company Act (12 U.S.C. scope for this activity is Downs, Kansas. 1843(c)(8)) and § 225.21(a) of Regulation who perform a significant number of Board of Governors of the Federal Reserve appraisals in Alaska and Hawaii. The Y (12 CFR 225.21(a)) to acquire or control voting securities or assets of a System, September 6, 1995. ASC would review each State’s plan as Jennifer J. Johnson, part of its State agency monitoring company engaged in a nonbanking Deputy Secretary of the Board. function, and, wherever appropriate, activity that is listed in § 225.25 of [FR Doc. 95-22575 Filed 9-11-95; 8:45 am] work with the State and surrounding Regulation Y as closely related to States to resolve issues and arrive at banking and permissible for bank BILLING CODE 6210-01-F mutually satisfactory arrangements. holding companies. Unless otherwise noted, such activities will be conducted V. Request for Comments throughout the United States. Passumpsic Bancorp, Inc., et al.; Each application is available for Formations of; Acquisitions by; and A. In General immediate inspection at the Federal Mergers of Bank Holding Companies The ASC requests comment on all Reserve Bank indicated. Once the The companies listed in this notice aspects of implementing the new application has been accepted for have applied for the Board’s approval legislation from interested members of processing, it will also be available for under section 3 of the Bank Holding the public, including appraisers, States inspection at the offices of the Board of Company Act (12 U.S.C. 1842) and § and their State appraiser regulatory Governors. Interested persons may 225.14 of the Board’s Regulation Y (12 agencies, users of appraisal services and express their views in writing on the CFR 225.14) to become a bank holding industry groups. The approaches set question whether consummation of the company or to acquire a bank or bank forth above are intended only to be proposal can ‘‘reasonably be expected to holding company. The factors that are starting points for discussion and produce benefits to the public, such as considered in acting on the applications comment, and the ASC welcomes greater convenience, increased are set forth in section 3(c) of the Act variations or combinations of these competition, or gains in efficiency, that (12 U.S.C. 1842(c)). approaches and the recommendation of outweigh possible adverse effects, such Each application is available for other alternatives. as undue concentration of resources, immediate inspection at the Federal decreased or unfair competition, Reserve Bank indicated. Once the B. Specific Questions conflicts of interests, or unsound application has been accepted for banking practices.’’ Any request for a processing, it will also be available for (1) In your view, what are the most hearing on this question must be serious impediments to temporary inspection at the offices of the Board of accompanied by a statement of the Governors. Interested persons may practice or reciprocity? Please provide reasons a written presentation would your best estimates of their costs in time express their views in writing to the not suffice in lieu of a hearing, Reserve Bank or to the offices of the and money, if possible. identifying specifically any questions of Board of Governors. Any comment on (2) Do you beleive that these fact that are in dispute, summarizing the an application that requests a hearing impediments warrant ASC action? evidence that would be presented at a must include a statement of why a hearing, and indicating how the party (3) Are any of the alternatives written presentation would not suffice commenting would be aggrieved by presented in Part IV especially well in lieu of a hearing, identifying approval of the proposal. suited to removing the impediments, specifically any questions of fact that and what are your reasons for your Unless otherwise noted, comments are in dispute and summarizing the choice? regarding each of these applications evidence that would be presented at a must be received at the Reserve Bank hearing. (4) Do other alternatives exist? If so, indicated for the application or the Unless otherwise noted, comments please describe them. offices of the Board of Governors not regarding each of these applications (5) Are there any other issues related later than September 26, 1995. must be received not later than October to temporary practice or reciprocity that A. Federal Reserve Bank of 6, 1995. should be brought to the ASC’s Richmond (Lloyd W. Bostian, Jr., Senior A. Federal Reserve Bank of Boston attention? Vice President) 701 East Byrd Street, (Robert M. Brady, Vice President) 600 By the Appraisal Subcommittee of the Richmond, Virginia 23261: Atlantic Avenue, Boston, Massachusetts Federal Financial Institutions Examination 1. First Union Corporation, Charlotte, 02106: Council. North Carolina; to acquire RS Financial 1. Passumpsic Bancorp, St. Johnsbury, Dated: August 31, 1995. Corporation, Raleigh, North Carolina, Vermont; to become a bank holding and thereby indirectly acquire Raleigh company by acquiring 100 percent of Diana L. Garmus, Federal Savings Bank, Raleigh, North the voting shares of Passumpsic Savings Chairperson. Carolina, and engage in operating a Bank, St. Johnsbury, Vermont. [FR Doc. 95–22518 Filed 9–11–95; 8:45 am] savings association, pursuant to § B. Federal Reserve Bank of Atlanta BILLING CODE 6201±01±M 225.25(b)(9) of the Board’s Regulation Y. (Zane R. Kelley, Vice President) 104 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47369 Marietta Street, N.W., Atlanta, Georgia Governors. Comments must be received Rules of Practice (16 CFR 2.34), notice 30303: not later than September 21, 1995. is hereby given that the following 1. Quantum Capital Corp., Suwanee, A. Federal Reserve Bank of Kansas consent agreement containing a consent Georgia; to become a bank holding City (John E. Yorke, Senior Vice order to cease and desist, having been company by acquiring 100 percent of President) 925 Grand Avenue, Kansas filed with and accepted, subject to final the voting shares of Quantum National City, Missouri 64198: approval, by the Commission, has been Bank, Suwanee, Georgia (in 1. Liscomb J. Titus and Paula E. Titus, placed on the public record for a period organization). Trustees of the Louis G. Titus Revocable of sixty (60) days. Public comment is C. Federal Reserve Bank of St. Louis Trust; to retain 51.2 percent; Paula E. invited. Such comments or views will (Randall C. Sumner, Vice President) 411 Titus, individually, to retain an be considered by the Commission and Locust Street, St. Louis, Missouri 63166: additional 27.6 percent; and John L. will be available for inspection and 1. Liberty Bancshares, Inc., Titus, all of Holdrege, Nebraska, to copying at its principal office in Springfield, Missouri; to become a bank retain 39.3 percent of the voting shares accordance with Section 4.9(b)(6)(ii) of holding company by acquiring 100 of LJT, Inc., Holdrege, Nebraska, and the Commission’s Rules of Practice (16 percent of the voting shares of Liberty thereby indirectly acquire The First CFR 4.9(b)(6)(ii)). National Bank of Holdrege, Holdrege, Bank, Springfield, Missouri, a de novo Agreement Containing Consent Order bank. Nebraska. The Federal Trade Commission D. Federal Reserve Bank of San Board of Governors of the Federal Reserve Francisco (Kenneth R. Binning, System, September 1, 1995. (‘‘Commission’’), having initiated an investigation into the proposed Director, Bank Holding Company) 101 William W. Wiles, Market Street, San Francisco, California acquisition of John Randolph Medical Secretary of the Board. Center in Hopewell, Virginia, and 94105: [FR Doc. 95-22566 Filed 9-11-95; 8:45 am] 1. Dartmouth Capital Group, Inc., certain related assets, by Columbia/HCA BILLING CODE 6210-01-F Gilford, New Hampshire, and Healthcare Corporation (‘‘Columbia/ Dartmouth Capital Group, L.P., Gilford, HCA’’) from the Hopewell Hospital New Hampshire; to become bank Authority, and it is now appearing that FEDERAL TRADE COMMISSION holding companies by acquiring 52.90 Columbia/HCA (‘‘proposed percent of the voting shares of SDN [File No. 951±0044] respondent’’) is willing to enter into an Bancorp, Encinitas, California, and agreement containing an order to divest thereby indirectly acquire San Dieguito Columbia/HCA Healthcare certain assets, to cease and desist from National Bank, Encinitas, California. Corporation.; Consent Agreement With making certain acquisitions, and Comments regarding this application Analysis to Aid Public Comment providing for other relief: It is hereby agreed by and between the must be received by the Reserve Bank AGENCY: Federal Trade Commission. indicated or the offices of the Board of proposed respondent by its duly ACTION: Governors not later than September 22, Consent agreement. authorized officers and attorneys, and 1995. counsel for the Commission that: SUMMARY: In settlement of alleged 1. The proposed respondent Board of Governors of the Federal Reserve violations of federal law prohibiting Columbia/HCA is a corporation System, September 6, 1995. unfair acts and practices and unfair organized, existing, and doing business Jennifer J. Johnson, methods of competition, this consent under and by virtue of the laws of Deputy Secretary of the Board. agreement, accepted subject to final Delaware, with its principal place of [FR Doc. 95-22576 Filed 9-11-95; 8:45 am] Commission approval, would require a business at One Park Plaza, Nashville, BILLING CODE 6210-01-F Nashville-based health care corporation Tennessee 37203. to divest Poplar Springs Hospital, a 2. The proposed respondent admits psychiatric hospital facility in all the jurisdictional facts set forth in Louis G. Titus, et al.; Change in Bank Petersburg, Virginia. the draft complaint. Control Notices; Acquisitions of DATES: Comments must be received on 3. The proposed respondent waives: Shares of Banks or Bank Holding or before November 13, 1995. a. any further procedural steps; Companies ADDRESSES: Comments should be b. the requirement that the directed to: FTC/Office of the Secretary, Commission’s decision contain a The notificants listed below have statement of findings of fact and applied under the Change in Bank Room 159, 6th Street and Pennsylvania Avenue NW., Washington, DC 20580. conclusions of law; Control Act (12 U.S.C. 1817(j)) and § c. all rights to seek judicial review or 225.41 of the Board’s Regulation Y (12 FOR FURTHER INFORMATION CONTACT: otherwise to challenge or contest the CFR 225.41) to acquire a bank or bank Mark Horoschak, Bureau of validity of the order entered pursuant to holding company. The factors that are Competition, Federal Trade this agreement; and considered in acting on the notices are Commission, S–3115, 6th Street and d. any claim under the Equal Access set forth in paragraph 7 of the Act (12 Pennsylvania Avenue NW., to Justice Act. U.S.C. 1817(j)(7)). Washington, DC 20580. (202) 326– 4. This agreement shall not become a The notices are available for 2756 part of the public record of the immediate inspection at the Federal Oscar Voss, Bureau of Competition, proceeding unless and until it is Reserve Bank indicated. Once the Federal Trade Commission, S–3115, accepted by the Commission. If this notices have been accepted for 6th Street and Pennsylvania Avenue, agreement is accepted by the processing, they will also be available NW., Washington, DC 20580, (202) Commission it, together with the draft of for inspection at the offices of the Board 326–2750 complaint contemplated thereby, will be of Governors. Interested persons may SUPPLEMENTARY INFORMATION: Pursuant placed on the public record for a period express their views in writing to the to Section 6(f) of the Federal Trade of sixty (60) days and information in Reserve Bank indicated for that notice Commission Act, 38 Stat. 721, 15 U.S.C. respect thereto publicly released. The or to the offices of the Board of 46 and Section 2.34 of the Commission’s Commission thereafter may either 47370 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices withdraw its acceptance of this Order treatment and other services provided agreement and so notify the proposed I by Federally-owned facilities and state respondent, in which event it will take mental hospitals. such action as it may consider It is ordered that, as used in this H. To ‘‘operate’’ a psychiatric hospital appropriate, or issue and serve its order, the following definitions shall facility means to own, lease, manage, or apply: complaint (in such form as the otherwise control or direct the A. ‘‘Columbia/HCA’’ or ‘‘respondent’’ operations of a psychiatric hospital circumstances may require) and means Columbia/HCA Healthcare decision, in disposition of the facility directly or indirectly. Corporation, its partnerships, joint I. To ‘‘acquire’’ a psychiatric hospital proceeding. ventures, companies, subsidiaries, facility means to directly or indirectly, 5. This agreement is for settlement divisions, and groups and affiliates through subsidiaries, partnerships, or purposes only and does not constitute controlled by Columbia/HCA; their otherwise: an admission by the proposed directors, officers, employees, agents, 1. Acquire the whole or any part of respondent that the law has been and representatives; and their the assets of a psychiatric hospital violated as alleged in the draft successors and assigns. facility; complaint, or that the facts as alleged in B. ‘‘Commission’’ means the Federal 2. Acquire the whole or any part of the draft complaint, other than Trade Commission. the stock, share capital, equity, or other jurisdictional facts, are true. C. The ‘‘Acquisition’’ means the interest in any person operating a transaction contemplated by the October psychiatric hospital facility; 6. This agreement contemplates that, 31, 1994, agreement between Columbia/ 3. Acquire or otherwise obtain the if it is accepted by the Commission, and HCA and the Hopewell Hospital right to designate, directly or indirectly, if such acceptance is not subsequently Authority, whereby Columbia/HCA will directors or trustees of a psychiatric withdrawn by the Commission pursuant acquire John Randolph Medical Center hospital facility; or to the provisions of section 2.34 of the in Hopewell, Virginia, and certain 4. Enter into any other arrangement to Commission’s Rules, the Commission related assets. obtain direct or indirect ownership, may, without further notice to the D. ‘‘Psychiatric hospital’’ means a management, or control of a psychiatric proposed respondent, (1) issue its health care facility licensed or certified hospital facility or any art thereof, complaint corresponding in form and as a psychiatric hospital (except for a including, but not limited to, a lease of substance with the draft of complaint facility limited by its license or or management contract for a and its decision containing the certificate to residential treatment or psychiatric hospital facility. following order to divest and to cease other long-term care), that provides 24- J. ‘‘Relevant area’’ means the area in and desist, and other relief in hour inpatient services for the Virginia encompassing the independent disposition of the proceedings, and (2) psychiatric diagnosis, treatment, and cities of Colonial Heights, Hopewell, make information public with respect care of persons suffering from acute and Petersburg; Dinwiddie and Prince thereto. When so entered, the order mental illness or emotional disturbance, George counties; and those portions of and may also provide treatment for shall have the same force and effect and Charles City and Chesterfield counties alcohol or drug abuse. may be altered, modified, or set aside in within a fifteen (15) mile radius of the E. ‘‘Psychiatric unit’’ means a present site of Poplar Springs Hospital the same manner and within the same department, unit, or other in Petersburg, Virginia. time provided by statute for other organizational subdivision of a general K. ‘‘Affiliate’’ means any entity whose orders. The order shall become final acute care or other non-psychiatric management and policies are controlled upon service. Delivery by the U.S. hospital, licensed or certified as a in any way, directly or indirectly, by the Postal Service of the complaint and provider of inpatient psychiatric care person with which it is affiliated. decision containing the agreed-to order (except for a facility limited by its L. ‘‘Person’’ means any natural to respondent’s address as stated in this license or certificate to residential person, partnership, corporation, agreement shall constitute service. The treatment or other long-term care), that company, association, trust, joint proposed respondent waives any right it provides 24-hour inpatient services for venture, or other business or legal may have to any other manner of the psychiatric diagnosis, treatment, and entity, including any governmental service. The complaint may be used in care of persons suffering from acute agency. construing the terms of the order, and mental illness or emotional disturbance, M. ‘‘Assets and Businesses’’ include, no agreement, understanding, and may also provide treatment for but are not limited to, all assets, representation, or interpretation not alcohol or drug abuse. properties, businesses, rights, privileges, contained in the order or this agreement F. ‘‘Psychiatric hospital facility’’ contractual interests, licenses, and may be used to vary or contradict the means a psychiatric hospital, a non- goodwill of whatever nature, tangible terms of the order. psychiatric hospital with a psychiatric and intangible, including, without unit, or a psychiatric unit. limitation, the following: 7. The proposed respondent has read G. ‘‘Psychiatric hospital services’’ 1. all real property interests the proposed complaint and order means the provision by psychiatric (including fee simple interests and real contemplated hereby. The proposed hospitals or psychiatric units of property leasehold interests, whether as respondent understands that once the inpatient services for the psychiatric lessor or lessee), together with all order has been issued, it will be diagnosis, treatment, and care of buildings, improvements, and fixtures required to file one or more compliance persons suffering from acute mental located thereon, all construction in reports showing that it has fully illnesses or emotional disturbance, or progress thereat, all appurtenances complied with the order. The proposed alcohol or drug abuse. ‘‘Psychiatric thereto, and all licenses and permits respondent further understands that it hospital services’’ do not include the related thereto (collectively, the ‘‘Real may be liable for civil penalties in the long-term psychiatric treatment Property’’); amount provided by law for each provided by residential treatment 2. all contracts and agreements with violation of the order after it becomes facilities, other long-term treatment of physicians, other health care providers, final. chronic mental illnesses, or such unions, third party payors, HMOs, Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47371 customers, suppliers, sales E. Pending divestiture of the opposed, in writing, including the representatives, distributors, agents, Paragraph II Assets, respondent shall reasons for opposing, the selection of personal property lessors, personal take such actions as are necessary to any proposed trustee within ten (10) property lessees, licensors, licensees, maintain the present marketability, days after notice by the staff of the cosigners, and consignees (collectively, viability, and competitiveness of the Commission to respondent of the the ‘‘Contracts’’); Paragraph II Assets, and to prevent the identity of any proposed trustee, 3. all machinery, equipment, fixtures, destruction, removal, wasting, respondent shall be deemed to have vehicles, furniture, inventories, and deterioration, or impairment of the consented to the selection of the supplies (other than such inventories Paragraph II Assets, except for ordinary proposed trustee. and supplies as are used in the ordinary wear and tear. 2. Subject to the prior approval of the course of business during the time that F. A condition of approval by the Commission, the trustee shall have the Columbia/HCA owns the assets) Commission of the divestiture shall be exclusive power and authority to divest (collectively, the ‘‘Personal Property’’); a written agreement by the acquirer(s) of the Paragraph II Assets. 4. all research materials, technical the Paragraph II Assets that it will not 3. Within ten (10) days after information, management information sell for a period of ten (10) years from appointment of the trustee, respondent systems, software, software licenses, the date of divestiture, directly or shall execute a trust agreement that, inventions, trade secrets, technology, indirectly, through subsidiaries, subject to the prior approval of the know how, specifications, designs, partnerships, or otherwise, without Commission and, in the case of a court- drawings, processes, and quality control prior notification to the Commission in appointed trustee, of the court, transfers data (collectively, the ‘‘Intangible the manner prescribed by Paragraph IV to the trustee all rights and powers Personal Property’’); of this Order, any Paragraph II Asset to necessary to permit the trustee to effect 5. all books, records, and files, any person who operates, or will the divestiture required by this order. excluding, however, the corporate operate immediately following the sale, 4. The trustee shall have twelve (12) minute books and tax records of any other psychiatric hospital facility in months from the date the Commission Columbia/HCA and its affiliates; and the relevant area. approves the trust agreement described 6. all prepaid expenses. in Paragraph III.C.3 to accomplish the III divestiture(s), which shall be subject to II It is further ordered that: the prior approval of the Commission. It is further ordered that: A. If the respondent has not divested, If, however, at the end of the twelve- A. Respondent shall divest, absolutely absolutely and in good faith and with month period, the trustee has submitted and in good faith, within twelve (12) the Commission’s prior approval the a plan of divestiture or believes that months of the date this order becomes Paragraph II Assets, in accordance with divestiture can be achieved within a final, all Assets and Businesses, this order, within twelve (12) months of reasonable time, the divestiture period including all improvements, additions, the date this order becomes final, the may be extended by the Comission, or and enhancements made prior to Commission may appoint a trustee to in the case of a court-appointed trustee, divestiture, of Poplar Springs Hospital divest the undivested Paragraph II by the court; provided however, the in Petersburg, Virginia (the ‘‘Paragraph Assets. Commission may extend this period II Assets’’). B. In the event that the Commission only two (2) times. B. Respondent shall also divest such or the Attorney General brings an action 5. The trustee shall have full and additional Assets and Businesses for any failure to comply with this order complete access to the personnel, books, ancillary to the Paragraph II Assets and or in any way relating to the records, and facilities related to the effect such arrangements as are Acquisition, pursuant to § 5(1) of the undivested Paragraph II Assets, or to necessary to assure the marketability, Federal Trade Commission Act, 15 any other relevant information as the viability, and competitiveness of the U.S.C. § 45(1), or any other statute trustee may request. Respondent shall Paragraph II Assets. enforced by the Commission, the develop such financial or other C. Respondent shall divest the respondent shall consent to the information as such trustee may Paragraph II Assets only to an acquirer appointment of a trustee in such action. reasonably request and shall cooperate or acquirers that receive the prior Neither the appointment of a trustee nor with the trustee. Respondent shall take approval of the Commission, and only a decision not to appoint a trustee under no action to interfere with or impede the in a manner that receives the prior Paragraph III.A, shall preclude the trustee’s accomplishment of the approval of the Commission. The Commission or the Attorney General divestiture(s). Any delays in divestiture purpose of the divestiture of the from seeking civil penalties or any other caused by respondent shall extend the Paragraph II Assets is to ensure the relief available to it for any failure by time for divestiture under this continuation of the Paragraph II Assets the respondent to comply with this Paragraph in an amount equal to the as an ongoing, viable psychiatric order. delay, as determined by the Commission hospital and to remedy the lessening of C. If a trustee is appointed by the or, for a court appointed trustee, by the competition resulting from the Commission or a court pursuant to court. Acquisition as alleged in the Paragraph III.A of this order, the 6. Subject to Columbia/HCA’s Commission’s complaint. respondent shall consent to the absolute and unconditional obligation to D. Respondent shall comply with all following terms and conditions divest at no minimum price the terms of the Agreement to Hold regarding the trustee’s powers, duties, Paragraph II Assets (and subject to the Separate, attached hereto and made a authority, and responsibilities: terms described in Paragraph II.A), and part hereof as Appendix I. Said 1. The Commission shall select the to remedy the lessening of competition Agreement to Hold Separate shall trustee, subject to the consent of the resulting from the Acquisition as alleged continue in effect until such time as respondent, which consent shall not be in the Commission’s complaint, the respondent has fulfilled the divestiture unreasonably withheld. The trustee trustee shall use his or her best efforts requirements of this order or until such shall be a person with experience and to negotiate the most favorable price and other time as said Agreement to Hold expertise in acquisitions and terms available in each contract that is Separate provides. divestitures. If respondent has not submitted to the Commission, subject to 47372 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices the respondent’s absolute and accomplish the divestiture(s) required twenty days after submitting such unconditional obligation to divest at no by this order. additional information and minimum price. The divestiture(s) shall 11. The trustee shall have no documentary material. Early be made in the manner and to the obligation or authority to operate or termination of the waiting periods in acquirer as set out in Paragraph II; maintain the Paragraph II Assets. this paragraph may be requested and, provided, however, if the trustee 12. The trustee shall report in writing where appropriate, granted in the same receives bona fide offers from more than to the respondent and to the manner as is applicable under the one acquiring entity, and if the Commission every sixty (60) days requirements and provisions of the Hart- Commission determines to approve concerning the trustee’s efforts to Scott-Rodino Antitrust Improvements more than one such acquiring entity, the accomplish divestiture. Act of 1976, 15 U.S.C. § 18a. trustee shall divest to the acquiring IV Provided, however, that prior entity, the trustee shall divest to the notification pursuant to this Paragraph acquiring entity selected by respondent It is further ordered that, for a period IV, or pursuant to Paragraph II.F. of this from among those approved by the of ten (10) years from the date this order order, shall not be required for: Commission. becomes final, respondent shall not, 1. the establishment by respondent of 7. The trustee shall serve, without without providing advance written a new psychiatric hospital facility in the bond or other security, at the cost and notification to the Commission directly relevant area: (a) that is a replacement expense of the respondent, on such or indirectly, through subsidiaries, for an existing psychiatric hospital reasonable and customary terms and partnerships, or otherwise: facility, if that facility is operated by conditions as the Commission or a court A. Acquire any stock, share capital, respondent and is not required to be may set. The trustee shall have the equity, or other interest in any person divested pursuant to Paragraph II of this authority to employ, at the cost and operating a psychiatric hospital facility order; or (b) that is not a replacement for expense of respondent, such in the relevant area; any psychiatric hospital facility in the consultants, accountants, attorneys, B. Acquire any assets of a psychiatric relevant area; investment bankers, business brokers, hospital facility in the relevant area; 2. any transaction otherwise subject to appraisers, and other representatives C. Enter into any agreement or other this Paragraph IV of this order if the fair and assistants as are necessary to carry arrangement to obtain direct or indirect market value of (or, in case of an asset out the trustee’s duties and ownership, management, or control of acquisition, the consideration to be paid responsibilities. The trustee shall any psychiatric hospital facility, or any for) the psychiatric hospital facility or account for all monies derived from the part thereof, in the relevant area, part thereof to be acquired does not sale and all expenses incurred. After including but not limited to, a lease of exceed one million dollars ($1,000,000); approval by the Commission and, in the or management contract for any such 3. the acquisition of products or case of a court-appointed trustee, by the facility; services in the ordinary course of court, of the account of the trustee, D. Acquire or otherwise obtain the business; or including fees for his or her services, all right to designate, directly or indirectly, 4. any transaction for which remaining monies shall be paid at the directors or trustees of any psychiatric notification is required to be made, and direction of the respondent and the hospital facility in the relevant area; has been made, pursuant to Section 7A trustee’s power shall be terminated. The E. Permit any psychiatric hospital of the Clayton Act, 15 U.S.C. § 18a. trustee’s compensation shall be based at facility it operates in the relevant area least in significant part on a commission to be acquired by any person that V arrangement contingent on the trustee’s operates, or will operate immediately It is further ordered that, for a period divesting the undivested Paragraph II following such acquisition, any other of ten (10) years from the date this order Assests. psychiatric hospital facility in the becomes final, respondent shall not 8. Respondent shall indemnify the relevant area. permit all, or any substantial part of, trustee and hold the trustee harmless Said notification shall be given on the any psychiatric hospital facility it against any losses, claims, damages, Notification and Report Form set forth operates in the relevant area to be liabilities, or expenses arising out of, or in the Appendix to Part 803 of Title 16 acquired by any other person (except in connection with, the performance of of the Code of Federal Regulations as pursuant to the divestiture required by the trustee’s duties, including all amended (hereinafter referred to as ‘‘the Paragraph II), unless the acquiring reasonable fees of counsel and other Notification’’), and shall be prepared person files with the Commission, prior expenses inclurred in connection with and transmitted in accordance with the to the closing of such acquisition, a the preparation for, or defense of any requirements of that part, except that no written agreement to be bound by the claim, whether or not resulting in any filing fee will be required for any such provisions of this order, which liability, except to the extent that such notification, notification need not be agreement respondent shall require as a liabilities, losses, damages, claims, or made to the United States Department of condition precedent to the acquisition. expenses result from misfeasance, gross Justice, and notification is required only negligence, willful or waton acts, or bad of respondent and not of any other party VI faith by the trustee. to the transaction. Respondent shall It is further ordered that: 9. If the trustee ceases to act or fails provide the Notification to the A. Within sixty (60) days after the to act diligently, a substitute trustee Commission at least thirty days prior to date this order becomes final and every shall be appointed in the same manner consummating the transaction sixty (60) days thereafter until the as provided in Paragraph III.A of this (hereinafter referred to as the ‘‘first respondent has fully complied with order. waiting period’’). If, within the first Paragraph II of this order, respondent 10. The Commission or, in the case of waiting period, representatives of the shall submit to the Commission a a court-appointed trustee, the court, Commission make a written request for verified written report setting forth in may on its own initiative, or at the additional information or documentary detail the manner and form in which it request of the trustee, issue such material (within the meaning of 16 CFR intends to comply, is complying, and additional orders or directions as may § 803.20), respondent shall not has complied with Paragraph II of this be necessary or appropriate to consummate the transaction until order. Respondent shall include in its Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47373 compliance reports, among other things business at One Park Plaza, Nashville, laws or the Federal Trade Commission Act by that are required from time to time, a Tennessee 37203; and the Federal Trade reason of anything contained in this full description of the efforts being Commission (‘‘Commission’’), an Agreement. made to comply with Paragraph II of independent agency of the United States Now, therefore, the parties agree, upon Government, established under the Federal understanding that the Commission has not this order, including a description of all Trade Commission Act of 1914, 15 U.S.C. yet determined whether the Acquisition will substantive contacts or negotiations for § 41, et seq. be challenged, and in consideration of the the divestitures and the identity of all Commission’s agreement that, at the time it parties contacted. Respondent shall Premises accepts the Consent Order for public include in its compliance reports copies Whereas, on October 31, 1994, Columbia/ comment it will grant early termination of of all written communications to and HCA and the Hopewell Hospital Authority the Hart-Scott-Rodino waiting period, and from such parties, all internal entered into an agreement whereby unless the Commission determines to reject Columbia/HCA will acquire John Randolph memoranda, and all reports and the Consent Order, it will not seek further Medical Center in Hopewell, Virginia, and relief from respondent with respect to the recommendations concerning the certain related assets, from the Authority (the Acquisition, except that the Commission may divestitures. ‘‘Acquisition’’); and exercise any and all rights to enforce this B. One (1) year from the date this Whereas, Columbia/HCA, with its Agreement and the Consent Order to which order becomes final, annually for the principal place of business at One Park Plaza, it is annexed and made a part thereof, and next nine (9) years on the anniversary of Nashville, Tennessee 37203, owns and in the event the required divestiture of the the date this order becomes final, and at operates, among other things, psychiatric Paragraph II Assets is not accomplished, to other times as the Commission may hospitals; and appoint a trustee to seek divestiture of said require, respondent shall file a verified Whereas, the Commission is now assets pursuant to the Consent Order or to investigating the Acquisition to determine if seek civil penalties or a court appointed written report with the Commission it would violate any of the statutes enforced trustee or other equitable relief, as follows: setting forth in detail the manner and by the Commission; and 1. Respondent agrees to execute the form in which it has complied and it is Whereas, if the Commission accepts the Agreement Containing Consent Order and be complying with this order. Agreement Containing Consent Order bound by the attached Consent Order. (‘‘Consent Order’’), which would require the 2. Respondent agrees that from the date VII divestiture of certain assets specified in this Agreement is accepted until the earliest It is further ordered that respondent Paragraph II of the Consent Order of the dates listed in subparagraphs 2.a or shall notify the Commission at least (‘‘Paragraph II Assets’’), the Commission 2.b, it will comply with the provisions of thirty (30) days prior to any proposed must place the Consent Order on the public paragraph 3 of this Agreement: change in the corporate respondent such record for a period of at least sixty (60) days a. three (3) business days after the and may subsequently withdraw such Commission withdraws its acceptance of the as dissolution, assignment, sale acceptance pursuant to the provisions of Consent Order pursuant to the provisions of resulting in the emergency of a Section 2.34 of the Commission’s Rules; and Section 2.34 of the Commission’s Rules; or successor corporation, the creation or Whereas, the Commission is concerned b. the day after the divestiture of the dissolution of subsidiaries, or any other that if an understanding is not reached, Paragraph II Assets, as required by the change in the corporation that may preserving the status quo ante of the Consent Order, is completed. affect compliance obligations arising out Paragraph II Assets during the period prior to 3. To ensure the complete independence of the order. the final acceptance and issuance of the and viability of the Paragraph II Assets, and Consent Order by the Commission (after the to assure that no competitive information is VIII 60-day public comment period), divestiture exchanged between Columbia/HCA and the It is further ordered that, for the resulting from any proceeding challenging managers of the Paragraph II Assets, the legality of the Acquisition might not be respondent shall hold the Paragraph II purpose of determining or securing possible, or might be less than an effective Assets, as they are presently constituted, compliance with this order, the remedy; and separate and apart on the following terms respondent shall permit any duly Whereas, the Commission is concerned and conditions: authorized representative of the that if the Acquisition is consummated, it a. The Paragraph II Assets, as they are Commission: will be necessary to preserve the presently constituted, shall be held separate A. Access, during office hours and in Commission’s ability to require the and apart and shall be managed and operated the presence of counsel, to inspect and divestitures of the Paragraph II Assets, and independently of respondent (meaning here copy all books, ledgers accounts, the Commission’s right to have the Paragraph and hereinafter, Columbia/HCA excluding correspondence, memoranda, and other II Assets continue as a viable psychiatric the Paragraph II Assets), except to the extent hospital independent of Columbia/HCA; and that respondent must exercise direction and records and documents in the Whereas, the purposes of this Agreement control over such assets to assure compliance possession or under the control of the and the Consent Order are to: with this Agreement or the Consent Order, respondent relating to any matters (i) preserve the Paragraph II Assets as a and except as otherwise provided in this contained in this order; and viable, competitive, and ongoing psychiatric Agreement. B. Upon five days’ notice to hospital, independent of Columbia/HCA, b. Prior to, or simultaneously with the respondent and without restraint or pending the divestitures of the Paragraph II Acquisition, respondent shall organize a interference from it, to interview Assets as required under the terms of the distinct and separate legal entity, either a officers, directors, or employees of Consent Order; corporation, limited liability company, or respondent, who may have counsel (ii) prevent interim harm to competition general or limited partnership (‘‘New from the operation of the Paragraph II Assets Company’’) and adopt constituent documents present regarding such matters. pending divestiture as required under the for the New Company that are not Appendix I terms of the Consent Order; and inconsistent with other provisions of this (iii) remedy any anticompetitive effects of Agreement or the Consent Order; provided, Agreement To Hold Separate the Acquisition; Whereas, respondent’s however, that Columbia/HCA may designate This Agreement to Hold Separate entering into this Agreement shall in no way as the ‘‘New Company’’ under this (‘‘Agreement’’) is by and between Columbia/ be construed as an admission by respondent agreement, the ‘‘New Company’’ created HCA Healthcare Corporation (‘‘Columbia/ that the Acquisition is illegal; and pursuant to the Agreement to Hold Separate HCA’’ or ‘‘respondent’’), a corporation Whereas, respondent understands that no Regarding the Florida, Texas, and Louisiana organized, existing, and doing business act or transaction contemplated by this Assets between Columbia/HCA and the under and by virtue of the laws of the State Agreement shall be deemed immune or Commission in connection with FTC File No. of Delaware, with its principal place of exempt from the provisions of the antitrust 951–0022. Respondent shall transfer all 47374 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices ownership and control of all Paragraph II Chairman shall be appointed in the same capital to operate the Paragraph II Assets at Assets to the New Company. manner as provided in Paragraph 3.c of this their respective current rates of operation, c. The board of directors of the New Agreement. and to carry out any capital improvement Company, or, in the event respondent j. Except as required by law, and except to plans for the Paragraph II Assets which have organizes an entity other than a corporation, the extent that necessary information is already been approved. the governing body of the entity (‘‘New exchanged in the course of evaluating the n. Columbia/HCA shall continue to Board’’), shall have three members. Acquisition, defending investigations, provide the same support services to the Respondent shall elect the members of the defending or prosecuting litigation, obtaining Paragraph II Assets, as are being provided to New Board. The New Board shall consist of legal advice, negotiating agreements to divest those Assets by Columbia/HCA as of the date the following three persons: Winfield C. assets, or complying with this Agreement or this Agreement is signed. Columbia/HCA Dunn; Samuel H. Howard; and David C. the Consent Order, respondent shall not may charge the Paragraph II assets the same Colby. The Chairman of the New Board shall receive or have access to, or use or continue fees, if any, charged by Columbia/HCA for be Winfield C. Dunn (provided he agrees), or to use, any Material Confidential Information such support services as of the date of this a comparable, knowledgeable person, who not in the public domain about the New Agreement. Columbia/HCA personnel shall remain independent of Columbia/HCA Company or the activities of the hospital to providing such support services must retain and competent to assure the continued be operated by the New Board. Nor shall the and maintain all Material Confidential viability and competitiveness of the New Company or the New Board receive or Information of the Paragraph II Assets on a Paragraph II Assets. The New Board shall have access to, or use or continue to use, any confidential basis, and, except as is permitted include no more than one member who is a Material Confidential Information not in the by this Agreement, such persons shall be director, officer, employee, or agent of public domain about respondent and relating prohibited from providing, discussing, respondent, who shall be David C. Colby, to respondent’s hospitals. Respondent may exchanging, circulating, or otherwise provided he agrees, or a comparable receive, on a regular basis, aggregate financial furnishing any such information to or with knowledgeable person (‘‘the respondent’s information relating to the New Company any person whose employment involves any New Board member’’). The New Board shall necessary and essential to allow respondent of respondent’s businesses. Such personnel meet monthly during the course of the Hold to prepare United States consolidated shall also execute a confidentiality agreement Separate, and as otherwise necessary. financial reports, tax returns, and personnel prohibiting the disclosure of any Material Meetings of the New Board during the term reports. Any such information that is Confidential Information of the Paragraph II of this Agreement shall be audiographically/ obtained pursuant to this subparagraph shall Assets. transcribed and the tapes retained for two (2) be used only for the purposes set forth in this o. During the period commencing on the years after the termination of this Agreement. subparagraph. (‘‘Material Confidential date this Agreement is effective and d. Respondent shall not exercise direction Information,’’ as used herein, means terminating on the earlier of (i) twelve (12) or control over, or influence directly or competitively sensitive or proprietary months after the date the Consent Order indirectly, the Paragraph II Assets, the information not independently known to an becomes final, or (ii) the date contemplated independent Chairman of the Board of the entity from sources other than the entity to by subparagraph 2.b (the ‘‘Initial Divestiture New Company, the New Board, or the New which the information pertains, and Period’’), respondent shall make available for Company or any of its operations or businesses; provided, however, that includes, but is not limited to, customer lists, use by the New Company funds sufficient to respondent may exercise only such direction price lists, marketing methods, patents, perform all necessary routine maintenance and control over the New Company as is technologies, processes, or other trade to, and replacements of, the Paragraph II necessary to assure compliance with this secrets.) Assets (‘‘normal repair and replacement’’). Agreement or the Consent Order, or with all k. Except as permitted by this Agreement, Provided, however, that in any event, applicable laws. the respondent’s New Board member shall respondent shall provide the New Company e. Respondent shall maintain the viability, not, in his or her capacity as a New Board with such funds as are necessary to maintain competitiveness, and marketability of the member, receive Material Confidential the viability, competitiveness, and Paragraph II Assets; shall not sell, transfer, or Information and shall not disclose any such marketability of such Assets. encumber said Assets (other than in the information received under this Agreement p. Columbia/HCA shall circulate, to its normal course of business); and shall not to respondent, or use it to obtain any management employees responsible for the cause or permit the destruction, removal, advantage for respondent. The respondent’s operation of hospitals (including non- wasting, or deterioration, or otherwise impair New Board member shall enter a psychiatric facilities) either in the relevant their viability, competitiveness, or confidentiality agreement prohibiting area defined in the Consent Order in this marketability of said Assets. disclosure of Material Confidential matter, or in the city of Richmond or Henrico f. Except for the respondent’s New Board Information. The respondent’s New Board or Chesterfield counties in Virginia, a notice member, respondent shall not permit any member shall participate in matters that of this Hold Separate and Consent Order in director, officer, employee, or agent of come before the New Board only for the the form Attachment A. respondent to also be a director, officer, or limited purposes of considering a capital q. The New Board shall serve at the cost employee of the New Company. investment or other transaction exceeding and expense of Columbia/HCA. Columbia/ g. The New Company shall be staffed with $250,000, approving any proposed budget HCA shall indemnify the New Board against sufficient employees to maintain the viability and operating plans, and carrying out any losses or claims of any kind that might and competitiveness of the Paragraph II respondent’s responsibilities under this arise out of its involvement under this Hold Assets, which employees shall be selected Agreement and the Consent Order. Except as Separate, except to the extent that such losses from the existing employee base of each permitted by this Agreement, the or claims result from misfeasance, gross facility or entity and may also be hired from respondent’s New Board member shall not negligence, willful or wanton acts, or bad sources other than these facilities and participate in any matter, or attempt to faith by the New Board directors. entities. influence the votes of the other members of r. The New Board shall have access to and h. With the exception of the respondent’s the New Board with respect to matters, that be informed about all companies who inquire New Board Member, respondent shall not would involve a conflict of interest if about, seek, or propose to buy any Paragraph change the composition of the New Board respondent and the New Company were II Assets. unless the independent Chairman consents. separate and independent entities. s. The New Board shall report in writing The independent Chairman shall have power l. Any material transaction of the New to the Commission every thirty (30) days to remove members of the New Board for Company that is out of the ordinary course concerning the New Board’s efforts to cause. Respondent shall not change the of business must be approved by a majority accomplish the purposes of this Hold composition of the management of the New vote of the New Board; provided that the Separate. Company except that the New Board shall New Company shall engage in no transaction, 4. Should the Commission seek in any have the power to remove management material or otherwise, that is precluded by proceeding to compel respondent to divest employees for cause. this Agreement. any of the Paragraph II Assets, as provided i. If the independent Chairman ceases to m. If necessary, respondent shall provide in the Consent Order, or to seek any other act or fails to act diligently, a substitute the New Company with sufficient working injunctive or equitable relief for any failure Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47375 to comply with the Consent Order or this incorporated by reference as part of the not included in the relevant product market Agreement, or in any way relating to the Consent Order, may subject Columbia/HCA alleged in the complaint). According to the Acquisition, as defined in the draft to civil penalties and other relief as provided complaint, even though such alternatives are complaint, respondent shall not raise any by law. much less expensive than acute inpatient objection based upon the expiration of the psychiatric hospital care, they cannot applicable Hart-Scott-Rodino Antitrust Analysis of Proposed Consent Order To Aid reasonably meet the mental health needs of Improvements Act waiting period or the fact Public Comment, Columbia/HCA Healthcare the patients who receive inpatient care at the that the Commission has permitted the Corp., FTC File No. 951–0044 psychiatric hospitals and hospital units in Acquisition. Respondent also waives all The Federal Trade Commission has the Tri-Cities. rights to contest the validity of this accepted, subject to final approval, a The complaint defines the relevant Agreement. proposed consent order from Columbia/HCA geographic market as the Tri-Cities area. 5. To the extent that this Agreement Healthcare Corp. (‘‘Columbia/HCA’’). The Columbia/HCA and John Randolph are two requires respondent to take, or prohibits proposed consent order has been placed on of only three competing providers of respondent from taking, certain actions that the public record for sixty (60) days for psychiatric hospital services in that area. The otherwise may be required or prohibited by reception of comments by interested persons. only other provider of psychiatric hospital contract, from respondent shall abide by the Comments received during this period will services in the Tri-Cities area is Southside terms of this Agreement or the Consent Order become part of the public record. After sixty Regional Medical Center, a general acute care and shall not assert as a defense such (60) days, the Commission will again review hospital in Petersburg, Virginia, which has a contract requirements in a civil penalty the agreement and the comments received, 31-bed psychiatric unit. action brought by the Commission to enforce and will decide whether it should withdraw As stated in the complaint, the proposed the erms of this Agreement or Consent Order. from the agreement or make final the acquisition would eliminate competition 6. For the purposes of determining or agreement’s proposed order. between Columbia/HCA and John Randolph, securing compliance with this Agreement, The proposed consent order would settle and significantly increase the already high and subject to any legally recognized charges by the Federal Trade Commission level of concentration for psychiatric hospital privilege, and upon writtens request with that Columbia/HCA’s proposed acquisition of services in the Tri-Cities area. The complaint reasonable notice to respondent made to its John Randolph Medical Center (‘‘John alleges that the proposed acquisition would principal office, respondent shall permit any Randolph’’) from the Hopewell Hospital eliminate the psychiatric unit at John duly authorized representatives of the Authority may substantially lessen Randolph as a substantial, independent Commission: competition in the market for psychiatric competitive force. The complaint also alleges a. Access, during office hours of hospital services in the ‘‘Tri-Cities’’ area of that the proposed merger would increase the respondent and in the presence of counsel, south central Virginia (which includes market share of Columbia/HCA, the leading to inspect and copy all books, ledgers, Hopewell, Petersburg, Colonial Heights, and provider of psychiatric hospital services in accounts, corespondence, memoranda, and other nearby communities). Because the the Tri-Cities area, from over 50% to over all other records and documents in the Commission has not charged that the 70%. The complaint further alleges that, as possession or under the control of the proposed acquisition would endanger measured by the Herfindahl-Hirschman respondent relating to compliance with this competition with respect to non-psychiatric Index (‘‘HHI’’), market concentration would Agreement; hospital services offered by John Randolph, increase more than 2400 points to a post- b. Upon five (5) days’ notice to respondent the scope of the proposed consent order is acquisition level of over 6400, on a scale of and without restraint or interference from limited to psychiatric services. (Columbia/ 0 to 10,000. (The HHI is a measure of market respondent, to interview officers, directors, HCA does not operate any hospitals in the concentration used by the Federal antitrust or employees of respondent, who may have Tri-Cities area that provide non-psychiatric enforcement agencies to estimate, in counsel present, regarding such matters. hospital services.) conjunction with information on other 7. This Agreement shall not be binding Columbia/HCA operates over 300 hospitals market factors, the likelihood that a merger until approved by the Commission. nationwide. Its only hospital in the Tri-Cities would endanger competition.) As explained area is Poplar Springs Hospital, a 100-bed in the 1992 Horizontal Merger Guidelines Attachment A—Notice of Divestiture and hospital in Petersburg, Virginia specializing issued by the Commission and the Requirement for Confidentiality in psychiatric care. John Randolph is a 150- Department of Justice (57 Fed. Reg. 41552), Columbia/HCA Healthcare Corporation has bed general acute care hospital in Hopewell, the Federal antitrust enforcement agencies entered into a Consent Agreement and Virginia, about ten miles northeast of consider markets with HHI levels above 1800 Agreement to Hold Separate with the Federal Petersburg. It is owned and operated by the to be ‘‘highly concentrated.’’ Where the post- Trade Commission relating to the divestiture Hopewell Hospital Authority. John Randolph merger HHI would exceed 1800, the agencies of Poplar Springs Hospital in Petersburg, provides psychiatric hospital services in its presume that a merger producing an increase Virginia and certain related assets and 34-bed psychiatric unit, as well as a variety in the HHI of more than 100 points is likely businesses (‘‘Poplar Springs’’). Until after the of medical and surgical services in other to significantly lessen competition (unless FTC’s Order becomes final and Poplar departments of the hospital. The complaint factors other than market concentration Springs is divested, Poplar Springs must be accompanying the consent order alleges that indicate that the merger presents no managed and maintained as a separate, the proposed combination of Columbia/ significant threat to competition). ongoing business, independent of all other HCA’s Poplar Springs with John Randolph According to the complaint, entry into the Columbia/HCA businesses. All competitive may substantially lessen competition in the Tri-Cities area by new psychiatric hospital information relating to Poplar Springs must relevant psychiatric hospital services market, facilities is unlikely to prevent or remedy any be retained and maintained by the persons and would violate Section 7 of the Clayton anticompetitive price increases or other involved in the operation of Poplar Springs Act and Section 5 of the Federal Trade effects resulting from the acquisition. on a confidential basis, and such persons Commission Act. Certificate of need approval is required from shall be prohibited from providing, The complaint defines psychiatric hospital a state regulatory agency for new psychiatric discussing, exchanging circulating, or services as those inpatient services provided hospital or unit in Virginia. Such approval otherwise furnishing any such information to by psychiatric hospitals, or psychiatric units would be difficult to obtain in the Tri-Cities or with any other person whose employment of non-psychiatric hospitals, for the area, given that there is (and likely will be involves any other Columbia/HCA business. psychiatric diagnosis, treatment, and care of for the foreseeable future) substantially more Similarly, all such persons involved in persons suffering from acute mental illnesses psychiatric hospital bed capacity in the Tri- Columbia/HCA shall be prohibited from or emotional disturbance, or alcohol or drug Cities health planning district than the state providing, discussing, exchanging, abuse. The complaint distinguishes believes is sufficient to meet the mental circulating, or otherwise furnishing any such psychiatric hospital services from outpatient health needs of the residents of the Tri-Cities information to or with any other person psychiatric care, as well as from long-term area. whose employment involves Poplar Springs. treatment of chronic mental illnesses (such as The complaint alleges that the proposed Any violation of the Consent Agreement or that provided by Central State Hospital, a acquisition may: substantially lessen the Agreement to Hold Separate, state mental hospital in Petersburg, which is competition for psychiatric hospital services 47376 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices in the Tri-Cities area; result in less favorable any such merger if it can demonstrate that Room 159, 6th St. and Pa. Ave., NW., prices and other terms for health plans that the merger may substantially lessen Washington, DC 20580. contract with psychiatric hospital facilities in competition. The proposed order contains FOR FURTHER INFORMATION CONTACT: the Tri-Cities area; increase the possibility of certain limited exceptions to the prior collusion or interdependent coordination by notification requirement for transactions Ronald B. Rowe, Bureau of Competition, the remaining market competitors; and deny which are unlikely to substantially lessen Federal Trade Commission, S–2602, 6th patients, physicians, third-party payers, and competition, such as for small transactions Street & Pennsylvania Ave., NW., other consumers of psychiatric hospital under $1 million. (Paragraph IV) Washington, DC 20580, (202) 326–2610. The proposed consent order also contains services, the benefits of free and open SUPPLEMENTARY INFORMATION: Pursuant provisions concerning its continued competition based on price, quality, and to Section 6(f) of the Federal Trade service. application to future owners of Columbia/ The consent order, if issued in final form HCA psychiatric hospital facilities in the Tri- Commission Act, 38 Stat. 721, 15 U.S.C. by the Commission, would require Columbia/ Cities area. The acquirer of Poplar Springs, 46 and Section 2.34 of the Commission’s HCA to divest Poplar Springs Hospital and pursuant to the divestiture called for by the Rules of Practice (16 CFR 2.34), notice related assets. Columbia/HCA is permitted to order, must agree to not transfer the hospital, is hereby given that the following carry out its proposed acquisition of John for ten years from the date of the order, consent agreement containing a consent Randolph. The consent order would ensure without prior notice to the Commission, to order to cease and desist, having been the continued operation of Poplar Springs as any person already operating a psychiatric hospital facility in the Tri-Cities area filed with and accepted, subject to final a viable psychiatric hospital facility approval. independent of Columbia/HCA and John (Paragraph II.F.). In addition, the order would Randolph, and remedy the lessening of prohibit Columbia/HCA for ten years from The Federal Trade Commission competition for psychiatric hospital services transferring a psychiatric hospital facility in (‘‘Commission’’), having initiated an resulting from Columbia/HCA’s acquisition the Tri-Cities area other than Poplar Springs investigation of the proposed of John Randolph. (e.g., the John Randolph psychiatric facility acquisition by Phillips Petroleum Under the terms of the proposed order, it is to acquire) to another person, unless the Company (‘‘Phillips’’), through its Columbia/HCA must divest Poplar Springs to acquiring person first files with the subsidiary GPM Gas Corporation Commission an agreement to be bound by the an acquirer and in a manner approved by the (‘‘GPM’’), of the outstanding voting Commission. The divestiture must be order (Paragraph V). The purpose of this analysis is to invite securities of Enron Anadarko Gathering completed within twelve months of the date Company and Transwestern Anadarko the order becomes final; otherwise, public comment concerning the proposed Columbia/HCA will consent to the order, and to assist the Commission in its Gathering Company, two subsidiaries of determination of whether to make the order appointment of a trustee, who will have Enron Corp. (‘‘Enron’’), that will own final. This analysis is not intended to twelve additional months to effect the certain gas gathering assets currently constitute an official interpretation of the divestiture. (Paragraphs II and III) owned by Transwestern Pipeline agreement or to modify its terms in any way. A Hold Separate Agreement executed in The agreement is for settlement purposes Company (‘‘Transwestern’’) and conjunction with the consent agreement only and does not constitute an admission by Northern Natural Gas Company requires Columbia/HCA to maintain Poplar Columbia/HCA that its proposed acquisition (‘‘Northern Natural’’), two other Springs separate from its other operations of John Randolph Medical Center would subsidiaries of Enron, and it now until the completion of the divestiture, or as violate the law, as alleged in the appearing that Enron and Phillips, otherwise specified. To assure the complete Commission’s complaint. independence and viability of Poplar Springs hereinafter sometimes referred to as Donald S. Clark, Hospital, the Hold Separate Agreement ‘‘Proposed Respondents,’’ are willing to requires Columbia/HCA to transfer all Secretary. enter into an agreement containing an ownership and control of Poplar Springs [FR Doc. 95–22580 Filed 9–11–95; 8:45 am] Order to cease and desist engaging in Hospital to a separate legal entity, and to BILLING CODE 6750±01±M certain activities, and providing for assure that no competitive information is other relief: exchanged between Columbia/HCA and this It is hereby agreed by and between entity. Under the Hold Separate Agreement, [File No. 951±0037] Proposed Respondents, by their duly Columbia/HCA may not exercise any authorized officers and attorneys, and direction, control, or influence over this Phillips Petroleum Company and entity, except as necessary to assure Enron Corporation.; Consent counsel for the Commission that: compliance with the Consent Order and the Agreement With Analysis to Aid Public 1. Proposed Respondent Phillips is a Hold Separate Agreement and the continued Comment corporation organized, existing, and viability, competitiveness, and marketability doing business under and by virtue of of Poplar Springs. AGENCY: Federal Trade Commission. the laws of the State of Delaware, with For ten years after the order is made final, ACTION: Consent agreement. its office and principal place of business the proposed consent order would prohibit at Phillips Building, Bartlesville, Columbia/HCA from combining (through SUMMARY: In settlement of alleged Oklahoma 74004. purchase, sale, lease, or otherwise) its violations of federal law prohibiting 2. Proposed Respondent Enron is a psychiatric hospital facility in the Tri-Cities unfair acts and practices and unfair corporation organized, existing, and area with any other psychiatric hospital methods of competition, this consent facility in that area, without prior notice to doing business under and by virtue of agreement, accepted subject to final the laws of the State of Delaware, with the Federal Trade Commission. Columbia/ Commission approval, would require HCA must provide such notice in accordance its office and principal place of business with procedures similar to those governing the Houston, Texas-based Enron at 1400 Smith Street, Houston, Texas premerger notifications required by Section Corporation not to sell 830 miles of 77002. 7A of the Clayton Act, 15 U.S.C. § 18a (unless natural gas pipe and related assets 3. Proposed Respondents admit all the the merger is already subject to Section 7A’s within the Texas and Oklahoma jurisdictional facts set forth in the draft requirements, in which case no notice is Panhandle region to the Bartlesville, complaint. necessary over and above that provided Oklahoma-based Phillips Petroleum 4. Proposed Respondents waive: pursuant to Section 7A). The order provision Company. supplements Section 7A, to ensure that the a. any further procedural steps; DATES: Commission receives advance notice of Comments must be received on b. the requirement that the potentially significantly Columbia/HCA or before November 13, 1995. Commission’s decision contain a mergers in the relevant market, and thereby ADDRESSES: Comments should be statement of findings of fact and give the Commission an opportunity to block directed to: FTC/Office of the Secretary, conclusions of law; Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47377 c. all rights to seek judicial review or 8. Proposed Respondents have read company, association, trust, joint otherwise to challenge or contest the the proposed complaint and Order venture or other business or legal entity, validity of the Order entered pursuant to contemplated hereby. Proposed including any governmental agency. this agreement; and Respondents understand that once the H. ‘‘Related Person’’ means a person d. any claim under the Equal Access Order has been issued, they will be controlled by, controlling, or under the to Justice Act. required to file one or more compliance common control with, another person. 5. This agreement shall not become reports showing that they have fully I. ‘‘Relevant Geographic Area’’ means part of the public record of the complied with the Order. Proposed the Texas counties of Hansford, proceeding unless and until it is Respondents further understand that Ochiltree, and Lipscomb and all accepted by the Commission. If the they may be liable for civil penalties in portions of Beaver County, Oklahoma, agreement is accepted by the the amount provided by law for each within ten miles of the Texas border. Commission it, together with the draft of violation of the Order after it becomes J. ‘‘Schedule A assets’’ means the complaint contemplated thereby, will be final. whole and any part of the assets listed in Schedule A of this Order (including, placed on the public record for a period Order of sixty (60) days and information in but not limited to, the assets listed in respect thereto publicly released. The I annex 1 and annex 2). Commission thereafter may either It is ordered that, as used in this K. ‘‘Commission’’ means the Federal withdraw its acceptance of this Order, the following definitions shall Trade Commission. agreement and so notify the Proposed apply: II Respondents, in which event it will take A. ‘‘Phillips’’ means Phillips It is further ordered that Enron shall such action as it may consider Petroleum Company, its directors, not sell, transfer, or otherwise convey, appropriate, or issue and serve its officers, employees, agents, and directly or indirectly, the Schedule A complaint (in such form as the representatives, predecessors, assets, or any stock, share capital, circumstances may require) and successors, and assigns, its subsidiaries, equity, or other interest in any person decision, in disposition of the divisions, groups, and affiliates controlling the Schedule A assets, to proceeding. controlled by Phillips, and the respective directors, officers, employees, Phillips in connection with the 6. This agreement is for settlement Acquisition; and, within thirty (30) days purposes only and does not constitute agents, representatives, successors, and assigns of each. after this Order becomes final, Enron an admission by Proposed Respondents shall provide notice of the requirements that the law has been violated as alleged B. ‘‘Enron’’ means Enron Corp., its directors, officers, employees, agents, of this Order to the Federal Energy in the draft of complaint, or that the Regulatory Commission. facts as alleged in the draft complaint, and representatives, predecessors, other than jurisdictional facts, are true. successors, and assigns, its subsidiaries, III divisions, groups, and affiliates 7. This agreement contemplates that, controlled by Enron, and the respective It is further ordered that Phillips shall if it is accepted by the Commission, and directors, officers, employees, agents, not acquire, directly or indirectly, any if such acceptance is not subsequently representatives, successors, and assigns stock, share capital, equity, or other withdrawn by the Commission pursuant of each. interest in any person controlling the to the provisions of § 2.34 of the C. ‘‘Respondent’’ or ‘‘Respondents’’ Schedule A assets in connection with Commission’s Rules, the Commission means Phillips and Enron, collectively the Acquisition. may, without further notice to the and individually. IV Proposed Respondents, (1) issue its D. ‘‘Maxus’’ means Maxus Energy complaint corresponding in form and Corporation, its predecessors, It is further ordered that, for a period substance with the draft of complaint successors, and assigns, subsidiaries, of ten (10) years from the date this Order and its decision containing the divisions, and groups, and affiliates becomes final, Phillips shall not, following Order to cease and desist in controlled by Maxus Energy without prior notification to the disposition of the proceeding and (2) Corporation. Commission, directly or indirectly: make information public with respect E. The ‘‘Acquisition’’ means the A. Acquire the Schedule A assets; thereto. When so entered, the Order to proposed acquisition by Phillips of the B. Acquire any stock, share capital, cease and desist shall have the same outstanding voting securities of Enron equity, or other interest in any person force and effect and may be altered, Anadarko Gathering Company and engaged in gas gathering within the modified or set aside in the same Transwestern Anadarko Gathering Relevant Geographic Area at any time manner and within the same time Company, which will own certain gas within the two years preceding such provided by statute for other orders. The gathering assets currently owned by acquisition, provided, however, that an Order shall become final upon service. Transwestern Pipeline Company and acquisition of securities will be exempt Delivery by the U.S. Postal Service of Northern Natural Gas Company, two from the requirements of this paragraph the complaint and decision containing subsidiaries of Enron, pursuant to the (IV.B) if after the acquisition Phillips the agreed-to Order to Proposed stock purchase agreements executed on will hold cumulatively no more than Respondents’ addresses as stated in this November 15, 1994, by Phillips and two (2) percent of the outstanding agreement shall constitute service. Enron as subsequently modified and shares of any class of security of such Proposed Respondents waive any right amended. person; and provided further, that this they may have to any other manner of F. ‘‘Gas gathering’’ means pipeline Paragraph (IV.B) shall not apply to the service. The complaint may be used in transportation, for oneself or other acquisition of any interest in a person construing the terms of the Order, and persons, of natural gas over any part or that is not at the time of the acquisition no agreement, understanding, all of the distance between a well and engaged in gas gathering within the representation, or interpretation not a gas transmission pipeline or gas Relevant Geographic Area due to the contained in the Order or the agreement processing plant. sale within the preceding two years of may be used to vary or contradict the G. ‘‘Person’’ means any natural all assets used for gas gathering within terms of the Order. person, partnership, corporation, the Relevant Geographic Area to another 47378 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices party who intended to operate said Commission at least thirty days prior to A. Access, during office hours and in assets for gas gathering within the consummating any such transaction the presence of counsel, to inspect and Relevant Geographic Area; or (hereinafter referred to as the ‘‘first copy all books, ledgers, accounts, C. Enter into any agreements or other waiting period’’), If, within the first correspondence, memoranda and other arrangements with any person or with waiting period, representatives of the records and documents in the two or more related persons to obtain, Commission make a written request for possession or under the control of such within any 18 month period, direct or additional information, Respondents Respondent relating to any matters indirect ownership, management, or shall not consummate the transaction contained in this Order; and control of more than five miles of until twenty days after substantially B. Without restraint or interference pipeline previously used for gas complying with such request for from it, to interview officers, directors, gathering and suitable for use for gas additional information. Early or employees of such Respondent, who gathering within the Relevant termination of the waiting periods in may have counsel present, relating to Geographic Area. this paragraph may be requested and, any matters contained in this order. V where appropriate, granted by letter Signed this llll day of from the Bureau of Competition. llllllll, 19lll. It is further ordered that, for a period Provided, however, that prior of ten (10) years from the date this Order notification shall not be required by Schedule A becomes final, Enron shall not, without Paragraphs IV and V of this Order for a Transwestern System 3—Catesby/ prior notification to the Commission, transaction for which notification is Ivanhoe directly or indirectly: required to be made, and has been Beaver County, OK A. Transfer Schedule A assets to made, pursuant to Section 7A of the Ellis County, OK Phillips or Maxus; Clayton Act, 15 U.S.C. § 18a. B. Transfer any stock, share capital, Assets: All Transwestern-owned equity, or other interest in any entity VII facilities located upstream of the controlling the Schedule A assets to It is further ordered that: discharge side of the Catesby Phillips or Maxus; or A. Within sixty (60) days after the Compressor unit. Includes C. Enter into any agreement or other date this Order becomes final, each approximately 45.5 miles of pipe and arrangement to transfer direct or Respondent shall file a verified written the Catesby compressor #745, 422 indirect ownership, management, or report with the Commission setting horsepower. Material assets are listed in control of any of the Schedule A assets forth in detail the manner and form in Annex 1 for Transwestern system 3. to Phillips or Maxus. which it has complied and is complying Transwestern System 4—Frass Como VI with this Order; and B. One (i) year from the date this Lipscomb County, TX It is furthered ordered that the prior Order becomes final, annually for the Beaver County, OK notifications required by Paragraphs IV next nine (9) years on the anniversary of Assets: All Transwestern-owned and V of this Order shall be given on the the date this Order becomes final, and facilities located upstream of, but not Notification and Report Form set forth at such other times as the Commission including, the side/hot-tap valve that in the Appendix to Part 803 of Title 16 may require, each Respondent shall file connects the Frass Como Lateral to the of the Code of Federal Regulations as a verified written report with the 12 inch Lipscomb-Mocaine Lateral, amended (hereinafter referred to as ‘‘the Commission setting forth in detail the including the Frass Como compressor Notification’’), and shall be prepared manner and form in which it has station. Includes approximately 55.1 and transmitted in accordance with the complied and is complying with this miles of pipe. Material assets are listed requirements of that part, except that no Order. Provided, however, that if Enron in Annex 1 for Transwestern system 4. filing fee will be required for any such sells all of the Schedule A assets, it will Transwestern System 5—Follett notification, notification shall be filed no longer be required to file any further Lipscomb County, TX with the Secretary of the Commission, written reports with the Commission. notification need not be made to the Assets: All Transwestern-owned United States Department of Justice, and VIII facilities located upstream of, but not notification is required only of It is further ordered that each including, the side/hot-tap valve that Respondents and not of any other party Respondent shall notify the Commission connects the 4 inch Follett Lateral to the to the transaction. In lieu of furnishing at least thirty (30) days prior to any 12 inch Lipscomb-Mocaine Lateral. (1) documents filed with the Securities proposed change in such Respondent Includes approximately 8.3 miles of and Exchange Commission, (2) annual such as dissolution, assignment, sale pipe. Material assets are listed in Annex reports, (3) annual audit reports, (4) resulting in the emergence of a 1 for Transwestern system 5. regularly prepared balance sheets, or (5) successor corporation, or the creation or Transwestern System 7—Kiowa Creek Standard Industrial Code (SIC) dissolution of subsidiaries or any other information in response to certain items change that may affect compliance Lipscomb County, TX in the Appendix to Part 803 of Title 16 obligations arising out of the Order. Assets: All Transwestern-owned of the Code of Federal Regulations, facilities located upstream of, but not Phillips shall provide a map showing IX including, the side/hot-tap valve that the location of the pipeline whose It is further ordered that, for the connects the 6 inch Kiowa Creek Lateral acquisition is proposed and other purpose of determining or securing and the 8 inch Kiowa Creek Loop to the pipelines used for gas gathering in the compliance with this Order, and subject 12 inch Lipscomb-Mocaine Lateral, Relevant Geographic Area and a to any legally recognized privilege, including the Kiowa Creek #2 statement showing the quantity of gas upon written request and on reasonable compressor station. Includes that flowed through pipeline whose notice to such Respondent, each approximately 77 miles of pipe and acquisition is proposed in the previous Respondent shall permit any duly three compressor units: Kiowa Creek #2 12 month period. Respondents shall authorized representative of the Compressor #865, 1,078 horsepower; provide the Notification to the Commission: Kiowa Creek #1 Compressor #828, 1,078 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47379 horsepower; and E. Lipscomb #748, 708 horsepower; and Brillhart Hutchinson County, TX Compressor #858, 531 horsepower. #796, 785 horsepower. Material assets Roberts County, TX Material assets are listed in Annex 1 for are listed in Annex 1 for Transwestern Assets: The following two sections: Transwestern system 7. system 20. (1) The Brainard Lateral consisting of Transwestern System 8—Wolf Creek Transwestern System 21—John Creek approximately 1.9 miles of 8 inch, 5.8 miles of 6 inch, and 19.2 miles of 4 inch Lipscomb County, TX Hansford County, TX Northern-owned gathering lines, Ellis County, OK Ochiltree County, TX upstream of a side valve where the 8 Hutchinson County, TX Assets: All Transwestern-owned inch TG335 connects to the 26 inch Roberts County, TX facilities located upstream of, but not TG24001 in Section 8, Block H&GN including, the side/hot-tap valve that Assets: All Transwestern-owned Survey. (2) The East Leg consisting of connects the 6 inch Wolf Creek Lateral facilities located upstream of, but not approximately 11.1 miles of 10 inch, to the 12 inch Lipscomb-Mocaine including, the side/hot-tap valve that 19.5 miles of 8 inch, 19.0 miles of 6 Lateral. Includes approximately 45.2 connects the 6 inch John Creek Lateral inch, and 49.6 miles of 4 inch gathering miles of pipe and the Wolf Creek to the 12 inch Cactus-Hugoton Lateral. lines, upstream of where 10 inch TG301 compressors #755 and #853, 1,470 Includes approximately 31 miles of pipe # connects to the suction of Northern’s combined horsepower. Material assets and the John Creek compressor 747, Spearman Compressor Station. Material are listed in Annex 1 for Transwestern 537 horsepower. Material assets are assets are listed in Annex 2 for Northern system 8. listed in Annex 1 for Transwestern Natural system 35. system 21. Transwestern System 13—Waka/ Northern Natural System 37—Fuller Perryton Northern Natural System 35—Spearman System Ochiltree County, TX System—North Hansford County, TX Hansford County, TX Assets: All Transwestern-owned Sherman County, TX facilities located upstream of and Assets: The following four sections: Hutchinson County, TX including the pig receiver for the 8 inch (1) Approximately 6.3 miles of 6 inch Perryton lateral, located on the and 2.0 miles of 4 inch Northern-owned Assets: The following two sections: upstream side of and to the NE of the gathering lines, upstream of where the (1) The Hansford County No. 1 System Waka compressor station. Includes 6 inch TG385 connects to the 8 inch consisting of approximately one-half approximately 77.8 miles of pipe and TG24001 in the northwest quarter of mile of 2 inch, 5 miles of 8 inch, 3 miles the Perryton Transwestern compressor Section 42, Block 1, Washington County of 6 inch, and 11 miles of 4 inch #827, 779 horsepower. Material assets RR Survey. (2) Approximately 6.5 miles gathering lines, upstream of the suction are listed in Annex 1 for Transwestern of 4 inch Northern-owned gathering of Northern’s Hansford County No. 1 system 13. lines, upstream of the side valve on the compressor station. (2) The Hutchinson County No. 2 system consisting of Transwestern System 14—Gray rock 10 inch TG24001 in the northeast quarter of Section 30, Block 1, Cherokee approximately 5 miles of 6 inch and 5 Ochiltree County, TX Iron Furnace CO Survey. (3) The miles of 4 inch gathering lines, Lipscomb County, TX Buckner A1 wellhead facilities and upstream of the suction of Northern’s Assets: All Transwestern-owned approximately 3.4 miles of 4 inch Hutchinson County No. 2 compressor facilities located upstream of, but not Northern-owned gathering lines from station. Material assets are listed in including, the 6 inch pig launcher on the Buckner A1 well in Section 20 to the Annex 2 for Northern Natural system the discharge side of the Gray Rock side valve on the 10 inch TG24001 in 37. compressor station. Includes Section 27, Block 1, Cherokee Iron Northern Natural System 79—Perryton approximately 43.3 miles of pipe and Furnace Co Survey. (4) Approximately System the Gray Rock compressor #826, 810 3.5 miles of 8 inch, 3.8 miles of 6 inch, horsepower. Material assets are listed in and 10 miles of 4 inch Northern-owned Ochiltree County, TX Annex 1 for Transwestern system 14. gathering lines, upstream of where the Beaver County, OK Assets: The Northern-owned facilities Transwestern System 20—Brillhart 6 inch TG247 and the 8 inch TG246 connects to the 12 inch TG24001 near upstream of the suction of Northern’s Hansford County, TX the East Section Line of Section 7, Block Perryton Compressor Station. The Assets: All Transwestern-owned 2, SA&MG RR Survey. Material assets facilities consist of approximately one facilities located upstream of, but not are listed in Annex 2 for Northern quarter mile of 2 inch, 89 miles of 4 including, the side/hot-tap valve that Natural system 35. inch, 58 miles of 6 inch, 23 miles of 8 connects the 8 inch Brillhart Lateral to inch, 4 miles of 10 inch, and 10 miles the 10 inch Cactus-Hugoton Lateral. Northern Natural System 35—Spearman of 16 inch gathering lines. Material Includes approximately 78.5 miles of System—East assets are listed in Annex 2 for Northern pipe and two compressors: Brillhart Hansford County, TX Natural system 79. ANNEX 1 TO SCHEDULE A [Transwestern Gathering Company] Comp. Pipe Pipe Pipe 2 Pipe 2 S Line seg Description WH Comp Line Meter H/P diameter length diameter length 3 ...... CA±1 ...... 4′′ SHEPHERD #1/L E X 0 0 6.6 31680. 0.0 0.00 MAYER #1 LAT. 3 ...... CA±1 ...... MTR STA SHL MAYER X 42800 0 4.5 100. 0.0 0.00 WL1. 47380 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices ANNEX 1 TO SCHEDULE AÐContinued [Transwestern Gathering Company] Comp. Pipe Pipe Pipe 2 Pipe 2 S Line seg Description WH Comp Line Meter H/P diameter length diameter length 3 ...... CA±1 ...... MTR STA SHL SHEPRD X 42810 0 4.5 100. 0.0 0.00 WL1. 3 ...... CA±1±01 ...... IRWIN #1±20 WL LN ...... X 41610 0 4.5 422. 0.0 0.00 3 ...... CA±1±01 ...... SHELL-TUBB #1±30 WL X 41630 0 4.5 400. 0.0 0.00 LN. 3 ...... CA±1±01 ...... PEETOOM #1±29 WELL X 41660 0 4.5 5280. 0.0 0.00 LINE. 3 ...... CA±1±02 ...... SHELL-OHEARN #1±32 X 41620 0 4.5 6864. 0.0 0.00 WELL. 3 ...... CA±1±02 ...... SHELL-WHITE #1±31 X 41640 0 4.5 400. 0.0 0.00 WELL. 3 ...... CA±1±03 ...... WHITE B #1±5 WELL X 42830 0 4.5 14256. 0.0 0.00 LINE. 3 ...... CA±1±03 ...... PHIL-DRAKE #1±6 WEL X 42840 0 4.5 106. 0.0 0.00 LN. 3 ...... CA±1±04 ...... PEARSON #1 4 LN & EQ X 41590 0 0.0 0. 0.0 0.00 3 ...... CA±1±04 ...... CONN KELLN 11±1 ...... X 41750 0 0.0 0. 0.0 0.00 3 ...... CA±1±04 ...... SWENN #1 4 LN & EQ ... X 42870 0 4.5 5808. 0.0 0.00 3 ...... CA±1±04 ...... MESA PETROLEUM X 43090 0 0.0 0. 0.0 0.00 COÐ#1 PIERSALL. 3 ...... CA±1±05 ...... CONN SHELLÐ#2±31 X 41730 0 4.5 2600. 0.0 0.00 WHITE. 3 ...... CA±1±05 ...... CONN CNG-STATE X 43210 0 0.0 0. 0.0 0.00 UNIT #1. 3 ...... CA±2 ...... CONNMEDALLION X 41021 0 0.0 0. 0.0 0.00 PETR-WHITE A#1&2. 3 ...... CA±2 ...... STATE #1±36 ...... X 41690 0 0.0 0. 0.0 0.00 3 ...... CA±2 ...... WHITE A #1±1 WELL LN X 42820 0 4.5 53. 0.0 0.00 3 ...... VH±1 ...... 12′′ IVANHOE & X 0 0 12.7 34320. 0.0 0.00 CATESBY LAT. 3 ...... VH±1 ...... CONNMEWBOURNE OIL X 41911 0 0.0 0. 0.0 0.00 #1±24 WYNN. 3 ...... VH±1 ...... TW #745 IVANHOE/ X 0 422 0.0 0. 0.0 0.00 CATESBY COMP. 3 ...... VH±1±01 ...... BERYL JET #1±14 WL X 42690 0 4.5 158. 0.0 0.00 LN. 3 ...... VH±1±04 ...... CONN BURKHART #1± X 41910 0 0.0 0. 0.0 0.00 15 BEDELL INOIN FL. 3 ...... VH±2±01 ...... CONNMARLIN OIL #1 X 41740 0 4.5 2050. 0.0 0.00 HALLIBURTON. 3 ...... VH±2±01 ...... FOX #1 WL LN ...... X 41970 0 0.0 0. 0.0 0.00 3 ...... VH±2±01 ...... BOCKELMAN #1±17 WL X 42760 0 4.5 106. 0.0 0.00 LN. 3 ...... VH±2±02 ...... MTR STA UNION X 41020 0 4.5 4852. 0.0 0.00 DYCHE WL. 3 ...... VH±2±03 ...... 4′′ O'HARE W/KAISER X 40301 0 0.0 0. 0.0 0.00 FRANCIS- REDELSPERGR#1. 3 ...... VH±2±03 ...... OHAIR #1±40 TIN WL LN X 42770 0 4.5 5280. 0.0 0.00 3 ...... VH±2/3 ...... 10′′ CATESBY EXTEN- X 0 0 10.7 44880. 0.0 0.00 SION. 3 ...... VH±3 ...... MCCLURE #1±13 WELL X 41680 0 4.5 400. 0.0 0.00 LINE. 3 ...... VH±3±01 ...... SUE HILL #1 ...... X 41700 0 4.5 1750. 0.0 0.00 4 ...... FC±1 ...... CONN TEX OKGÐ#2 X 38980 0 0.0 0. 0.0 0.00 PINKARD ``B''. 4 ...... FC±1 ...... FRASS-COMO FLD TW X 0 0 0.0 0. 0.0 0.00 #746. 4 ...... FC±1/2 ...... 8′′ COMO J FRASS FLD X 0 0 8.6 52800. 0.0 0.00 LAT. 4 ...... FC±2 ...... DAROVZET SALES MTR X 20 0 0.0 0. 0.0 0.00 STA. 4 ...... FC±2±02 ...... MTR STA HUM-FRASS X 3651 0 4.5 3980. 0.0 0.00 #B±1. 4 ...... FC±2±02 ...... MTR STA HBL-FRASS X 3653 0 4.5 8220. 0.0 0.00 WL±1. 4 ...... FC±2±03 ...... CONN NAT GAS X 43340 0 4.5 10500. 0.0 0.00 ANADARKO #1±26 DEPEW. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47381 ANNEX 1 TO SCHEDULE AÐContinued [Transwestern Gathering Company] Comp. Pipe Pipe Pipe 2 Pipe 2 S Line seg Description WH Comp Line Meter H/P diameter length diameter length 4 ...... FC±3 ...... 8′′ COMO & FRASS FLD X 0 0 8.6 25080. 0.0 0.00 LAT. 4 ...... FC±3±01 ...... 4′′ HOWARD/ X 0 0 6.6 13200. 0.0 0.00 MAHAFFEY/MIER/AN- DERSON. 4 ...... FC±3±01 ...... MTR STA CSO VICKERS X 42530 0 4.5 100. 0.0 0.00 WL. 4 ...... FC±3±2 ...... PHILLIPS EXCHANGE 3 X 952 0 0.0 0. 0.0 0.00 SIDE VLVS. 4 ...... FC±5±02 ...... CONN FALCON- X 40390 0 4.5 25. 0.0 0.00 CLENNEY #1. 4 ...... FC±5±02 ...... CONN FALCON- X 40400 0 4.5 20600. 0.0 0.00 SCHUSTER #1. 4 ...... FC±5±05 ...... CONN FALCON- X 40430 0 4.5 400. 0.0 0.00 CLENNEY #2. 4 ...... FC±5±07 ...... CONN NAT GAS X 40460 0 4.5 8037. 2.3 136.00 ANDRKO #1±2 DICK BVR. 4 ...... FC±5±08 ...... CONNMEWBOURNE #1 X 40520 0 4.5 2540. 0.0 0.00 BARNES 14 BEAVER. 5 ...... FT±1 ...... LFR B&T±R #1 TO LIP± X 0 0 4.5 29040. 0.0 0.00 M. 5 ...... FT±1 ...... CONN SAM REGER #1 .. X 36100 0 4.5 100. 0.0 0.00 5 ...... FT±1±01 ...... CONN COTTON #1 X 37800 0 4.5 3600. 0.0 0.00 KRAFT. 5 ...... FT±1±02 ...... FARM TAP MERLIN X 3110 0 0.0 0. 0.0 0.00 LAUBHAM. 5 ...... FT±1±02 ...... FARM TAP-RUSSELL X 3490 0 0.0 0. 0.0 0.00 SINER. 5 ...... FT±1±03 ...... CONN JACK G JONES- X 38030 0 0.0 0. 0.0 0.00 #1 MASON. 5 ...... FT±1±03 ...... CONN COTTON-#1 X 38480 0 4.5 9800. 0.0 0.00 LAUBHAN. 5 ...... FT±2±04 ...... CONN LAUBHAN UNIT A X 36220 0 4.5 50 0.0 0.00 #1. 7 ...... EL±1 ...... 4′′ E. LIPSCOMB FLD X 0 0 4.5 22176. 4.0 480.00 LAT. 7 ...... EL±1 ...... LINE PARKER 1 4 IN ..... X 35710 0 4.5 272. 0.0 0.00 7 ...... EL±1 ...... LINE SHULTZ C±I 4 IN .. X 35790 0 4.5 272. 0.0 0.00 7 ...... EL±1 ...... EAST LIPS TW #858 ...... X 0 500 0.0 0. 0.0 0.0 7 ...... EL±1±01 ...... LINE TYSON A±1 4 IN ... X 35680 0 4.5 4646. 0.0 0.0 7 ...... EL±1±01 ...... LINE SHULTZ 2±5625 4 X 35760 0 4.5 4176. 0.0 0.00 IN. 7 ...... EL±1±02 ...... CONN HUMBLE±1 W M X 35932 0 4.5 5280. 0.0 0.00 SCHULTZ UNIT. 7 ...... EL±1±02 ...... CONN 1 SCHULTZ ...... X 35940 0 4.5 2200. 0.0 0.00 7 ...... KC±1 ...... 6′′ LIBSCOMB F/PIPER X 0 0 6.6 13781. 0.0 0.00 #2 LIPSCOMB LAT. 7 ...... KC±1 ...... LINE PIPER 2 6 IN ...... X 35730 0 4.5 272. 0.0 0.00 7 ...... KC±1 ...... LINE SHULTZ B±2 6 IN .. X 35740 0 4.5 272. 0.0 0.0 7 ...... KC±1 ...... KIOWA CREEK #1 TW X 0 1100 0.0 0. 0.0 0.00 #828. 7 ...... KC±1±02 ...... 4′′ LIPSCOMB F/YAUCK/ X 0 0 4.5 12619. 0.0 0.00 DUKE/SHULTZ B. 7 ...... KC±1±02±01 NATOMAS #1 YAUCK X 0 42 0.0 0. 0.0 0.00 TW #855. 7 ...... KC±1±03 ...... CONN SCRATH OIL- X 9750 0 0.0 0. 0.0 0.00 PIPER #689. 7 ...... KC±1±03 ...... CONN SCARTH PETR- X 38360 0 4.5 300. 0.0 0.00 #601±1 PIPER. 7 ...... KC±1±03 ...... CONN SCARTH-PIPER X 38400 0 0.0 0. 0.0 0.00 600-1. 7 ...... KC±1±03 ...... CONN SCARTH-PIPER X 38410 0 0.0 0. 0.0 0.00 601±2. 7 ...... KC±1±03 ...... CONNMAY PETRO X 55120 0 0.0 0. 0.0 0.00 PIPER RNCH #1 ZIPSCO. 7 ...... KC±1±05 ...... MTR RUN- X 38160 0 2.3 30. 0.0 0.00 NEWBORURNE- SCHULTZ #1. 47382 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices ANNEX 1 TO SCHEDULE AÐContinued [Transwestern Gathering Company] Comp. Pipe Pipe Pipe 2 Pipe 2 S Line seg Description WH Comp Line Meter H/P diameter length diameter length 7 ...... KC±1±06 ...... CONN NAT GAS- X 38890 0 4.5 2600. 0.0 0.00 ANADARKO #1±544 OWENS. 7 ...... KC±1±06 ...... CONN EXXON-#7 OLA O X 38900 0 4.5 6000. 0.0 0.00 PIPER. 7 ...... KC±1±07 ...... CONNMAY PET-WM X 55130 0 0.0 0. 0.0 0.00 SCHULTZ #1. 7 ...... KC±1±08 ...... CONNMEWBOURNE #1 X 55230 0 4.5 2882. 2.3 83.00 DUCE ``781''. 7 ...... KC±1±08 ...... CONN MEWBOURNE #1 X 55240 0 4.5 873. 2.3 152.00 SCHULTZ ``761''. 7 ...... KC±1/2/3 ...... 6'' KIOWA CREEK LAT .. X 0 0 6.6 66264. 0.0 0.00 7 ...... KC±1/2/3 / EXT KIOWA CREEK T/ X 0 0 6.6 27262. 6.6 151.00 KC±3±5/6. LEAR PET 6'' LINE. 7 ...... KC±2 ...... CONN OLA #1 ...... X 36384 0 6.0 1750. 0.0 0.00 7 ...... KC±2 ...... KIOWA CREEK STA#2± X 0 1050 0.0 0. 0.0 0.00 TW #865. 7 ...... KC±2±01 ...... MTR STA APAH LAURE X 36340 0 4.5 13200. 0.0 0.00 WL1. 7 ...... KC±2±03 ...... CON BRADFORD FD X 36320 0 4.5 106. 0.0 0.00 CSG HD. 7 ...... KC±2±03 ...... PURDOM #1 4LN & EQ .. X 37190 0 4.5 422. 0.0 0.00 7 ...... KC±2±03 ...... CONN FALCON- X 38340 0 0.0 0. 0.0 0.00 PURDOM UNIT #1. 7 ...... KC±2±04 ...... CONN COTTON PETR± X 36720 0 4.0 1000. 0.0 0.00 1±A±PIPER. 7 ...... KC±2±206 .... CONN COTTON PETR±1 x 0 0 4.5 3100. 0.0 0.00 BRADFORD ``B''. 7 ...... KC±2±06 ...... CON UNAPACHE- X 36300 0 6.6 10560. 0.0 0.00 BRADFOD #1. 7 ...... KC±2±06 ...... CONN DIAMOND-#3 688 X 37741 0 4.5 4500 0.0 0.00 OLA 0 PIPER. 7 ...... KC±2±06 ...... CON COTTON-BRAD- X 38320 0 0.0 0. 0.0 0.00 FORD #2. 7 ...... KC±2±07 ...... PAN PET HLTON #1 WL X 36830 0 4.5 3000. 0.0 0.00 LN. 7 ...... KC±2±07 ...... CONN COTTON PETR-1 X 36880 0 4.5 4400. 0.0 0.00 FAIR. 7 ...... KC±2±10 ...... CON APACHE BRAD- X 33652 0 0.0 0. 0.0 0.00 FORD #3. 7 ...... KC±2±10 ...... CONN COTTON-#4 OLA X 37720 0 0.0 0. 0.0 0.00 PIPER. 7 ...... KC±2±10 ...... CONNMEWBOURNE- X 38690 0 0.0 0. 0.0 0.00 BRADFORD #1. 7 ...... KC±2±12 ...... CONN COTTON #2 X 37790 0 4.5 900 0.0 0.00 PIPER A. 7 ...... KC±2±13 ...... CONN COTTON PETRO- X 36710 0 4.0 400. 0.0 0.00 LEUM-1 PIPER. 7 ...... KC±2±13 ...... CONN COTTON PETR-1 X 36730 0 4.5 2900. 0.0 0.00 PIPER ``B''. 7 ...... KC±2±14 ...... CONNMEWBOURNE #2 X 36650 0 4.5 640. 0.0 0.00 BRADFORD. 7 ...... KC±3 ...... 6′′ KIOWA CREEK LAT- X 0 0 6.6 5500. 0.0 0.00 ERAL. 7 ...... KC±3 ...... CONN ARCO-#2 FRED X 38700 0 4.5 900. 0.0 0.00 LOESCH. 7 ...... KC±3±02 ...... CONN MEDALLION #1 ... X 0 0 4.5 15840 0.0 0.00 7 ...... KC±3±02 ...... CONN SINCLAIR- X 36032 0 4.5 1684. 0.0 0.00 LOESCH #1. 7 ...... KC±3±02 ...... CONN FULTON SELL #4 X 38886 0 0.0 0. 0.0 0.00 7 ...... KC±3±07 ...... CONN DIAMOND-OLA X 0 0 6.6 4300. 0.0 0.00 PIPER 1±691. 7 ...... KC±3±07 ...... CONN ARCO-#1 MAR- X 38810 0 4.5 600. 0.0 0.00 GARET L DIXON. 7 ...... KC±3±08 ...... CONN ARCO-# X 38740 0 4.5 11000. 0.0 0.00 HALBROOK DAILY WELL. 7 ...... KC±3±09 ...... CONN ARCO-#1PAINE X 38871 0 4.5 6400. 0.0 0.00 BROS CO. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47383 ANNEX 1 TO SCHEDULE AÐContinued [Transwestern Gathering Company] Comp. Pipe Pipe Pipe 2 Pipe 2 S Line seg Description WH Comp Line Meter H/P diameter length diameter length 7 ...... KC±3±10 ...... CONN ARCO-#1 FUL- X 388222 0 4.5 1500. 0.0 0.00 TON-SELL. 7 ...... KC±3±10 ...... CONN FULTON SELL #3 X 38885 0 0.0 0. 0.0 0.00 7 ...... KC±3±11 ...... CONN AMOCO-#2 LILLIE X 33680 0 4.5 2000. 0.0 0.00 M PETERSON. 7 ...... KC±3±15 ...... CONN ARCD- XX 55210 0 4.0 880. 0.0 0.00 SORENSON DIXON CENT POINT. 7 ...... KC±3A ...... 6′′ KIOWA CREEK LAT .. X 0 0 2.3 280. 0.0 0.00 8 ...... SG±1 ...... TAP TO INTERNORTH X 16200 0 0.0 0. 0.0 0.00 MEIER #1 LIPSC. 8 ...... SG±1 ...... CONN JERNIGAN- X 38280 0 0.0 0. 0.0 0.00 BATTIN #1. 8 ...... SG±1±01 ...... CONN FILON EXPLÐ#1 X 41340 0 4.5 5500. 0.0 0.00 FRITZ. 8 ...... SG±1/2 ...... 4′′ W A MEIER #1& X 0 0 4.5 21120. 0.0 0.00 ANNA RUF #1 WELLS, TX. 8 ...... SG±2 ...... 4′′ LAT TO W A MEIER X 0 0 4.5 26400. 0.0 0.00 #1 & ANNA RUF #1 WEL. 8 ...... WC±1 ...... PRICE 2 WOLF CK 4 IN X 35660 0 0 4.5 272. 0.0 0.00 8 ...... WC±1 ...... WOLF CREEK TW #755 X 0 1470 0.0 0. 0.0 0.00 & 853. 8 ...... WC±1±01 ..... PRICE IB WOLF CK 4 IN X 35650 0 4.5 2635. 0.0 0.00 8 ...... WC±1±02 ..... CONN EXXONÐ#4 WIL- X 38310 0 4.5 1800. 0.0 0.00 LIS D PRICE ′′B′′. 8 ...... WC±1±02 ..... CONN EXXONÐ#5 WIL- X 38440 0 4.5 200. 0.0 0.00 LIS D PRICE. 8 ...... WC±1/2/3 ..... 6′′ WOLF CREEK LAT .... X 0 0 6.6 79147. 0.0 0.00 8 ...... WC±2 ...... FARM TAPÐMARY & X 3460 0 0.0 0. 0.0 0.00 ROBERT SQUIRES. 8 ...... WC±2 ...... R DOYLE 1±WOLF CK X 35630 0 4.5 272. 0.0 0.00 415. 8 ...... WC±2 ...... PRICE I WOLF CK 4 IN .X 35640 0 4.5 272. 0.0 0.00 8 ...... WC±2 ...... J DOYLE I±WOLF CK 4 X 35770 0 0.0 0. 0.0 0.00 IN. 8 ...... WC±2 ...... CONNMEWBOURNE OIL X 55540 0 4.5 2550. 0.0 0.00 COÐSQUIRE #3. 8 ...... WC±2±01 ..... CONN HUMBLE-1 X 35970 0 4.5 6200. 0.0 0.00 TYSON. 8 ...... WC±2±02 ..... CONNMEWBOURNE #1 X 38630 0 4.5 3500. 0.0 0.00 PRICE. 8 ...... WC±2±03 ..... CONN HUMBLE-W D X 35851 0 0.0 0. 0.0 0.00 PRICE #4. 8 ...... WC±3 ...... BROWN I±WOLF CRK 4 X 40200 0 4.5 272. 0.0 0.00 IN. 8 ...... WC±3±01 ..... CONN FILON- X 40260 0 4.5 165. 0.0 0.00 THORNTION TRUST #1. 8 ...... WC±3±02 ..... CONNMAPCO-LOIS X 41460 0 0.0 0. 0.0 0.00 BROWN #2±27. 8 ...... WC±3±02 ..... CONNMAPCO-BROWN X 41470 0 0.0 0. 0.0 0.00 1±26. 8 ...... WC±3±02 ..... CONNMAPCO-PIERCE X 41480 0 0.0 0. 0.0 0.00 #1±28. 8 ...... WC±3±03 ..... SHERRILL OU 1#1 WL X 40250 0 4.5 6300. 0.0 0.00 LN. 8 ...... WC±3±05 ..... CONN BUNKER- X 40290 0 0.0 0. 0.0 0.00 WAYLAND #1±5. 8 ...... WC±3±06 ..... CONN 4′′ JORDAN X 0 0 0.0 0. 0.0 0.00 CENT DELIV PT #1. 8 ...... WC±3±06 ..... CONNECT JORDAN X 41510 0 4.5 20803. 0.0 0.00 O&G #1 CENTRAL DEL PT. 8 ...... WC±3±07 ..... SHATTUCK OU±1 #3 WL X 41520 0 4.5 4281. 0.0 0.00 LN. 8 ...... WC±4 ...... GIBBS #1±19 WELL X 40230 0 4.5 9240. 0.0 0.00 LINE. 47384 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices ANNEX 1 TO SCHEDULE AÐContinued [Transwestern Gathering Company] Comp. Pipe Pipe Pipe 2 Pipe 2 S Line seg Description WH Comp Line Meter H/P diameter length diameter length 13 .... NP±1 ...... 6′′ F/HAN #1, WITT #1, X 0 0 6.6 29515 0.0 0.00 KERSHAW #1. 13 .... NP±1±01 ...... INST TAP HOT- X 36430 0 0.0 0. 0.0 0.00 NEUFELD #1. 13 .... NP±1±02 ...... CONN GARY GEORGE X 38965 0 0.0 0. 0.0 0.00 #1. 13 .... NP±1±02 ...... CONN ANADARKO X 52190 0 0.0 0. 0.0 0.00 MARIE #1±62 WLDCT. 13 .... NP±2 ...... MTR STA SH KERSHAW X 37000 0 4.5 18880. 0.0 0.00 WL1. 13 .... NP±2 ...... CONN MEWBOURNE X 53260 0 0.0 0. 0.0 0.00 SCHWULK #1. 13 .... NP±2±02 ...... HAROLD D COURSONÐ X 38130 0 4.5 20. 0.0 0.00 #1±43 WAGGONER. 13 .... NP±2±03 ...... CONN FALCON- X 38080 0 4.5 1300. 0.0 0.00 WAGGONER #1±43. 13 .... NP±2±03 ...... CONN FALCON- X 38130 0 4.5 9600. 0.0 0.00 WAGGONER #1±43. 13 .... NP±2±04 ...... CONN COURSON #1±42 X 38540 0 4.5 2200. 0.0 0.00 MCGARROUGH. 13 .... NP±3 ...... CONN PHILCONÐ1 X 36940 0 4.5 15312. 0.0 0.00 MAXWELL. 13 .... PE±1 ...... PSHIGODO I±PP LAT 4 X 34910 0 4.5 272. 0.0 0.00 IN. 13 .... PE±1±02 ...... CONN ANADARDO #1± X 38620 0 4.5 600. 0.0 0.00 661 DUDLEY. 13 .... PE±1±03 ...... PHL±MC WLIB±8 PERY X 34900 0 4.5 2900. 0.0 0.00 LAT. 13 .... PE±1±03 ...... CONN COURSON OIL X 34911 0 0.0 0. 0.0 0.00 AND GAS #4±571 1ST. 13 .... PE±1±03 ...... CONN #1±571 1ST NATL X 38460 0 4.5 4400. 0.0 0.00 TRUST-ACCT REC.. 13 .... PE±1±04 ...... LN FR RIDGMOR TO X 34930 0 4.5 15840. 0.0 0.00 PSH L. 13 .... PE±1±05 ...... CONN COURSONÐ#2± X 38551 0 4.5 1600. 0.0 0.00 571 1ST NATL TRUST. 13 .... PE±1±06 ...... CONN NAT GAS X 38962 0 4.5 5400. 0.0 0.00 ANADARDO #1±64 CAMP. 13 .... PE±1±06 ...... CONN SANTA FE X 52110 0 4.5 6172. 4.5 69.00 ENRGY #2±49 WFL AR. 13 .... PE±1±06 ...... CONN NAT GAS X 52150 0 4.0 7300. 0.0 0.00 ANADARKO 1±46 RICHARDSN. 13 .... PE±1/2/3 ...... 6′′ & 8′′ N. PARRYTON X 0 0 8.6 72072. 0.0 0.00 ALT. 13 .... PE±2 ...... LAND-EXCHANGE NN X 9170 6.6 0 650. 0.0 0.00 DUDE WILSON. 13 .... PE±2 ...... HUM-PER WL 1±8 PERY X 34610 0 4.5 272. 0.0 0.00 LAT. 13 .... PE±2 ...... HUM PER WL1±8 PERY X 34811 0 4.5 272. 0.0 0.00 LAT. 13 .... PE±2 ...... PERRYTON TW #827 ..... X 0 785 0.0 0. 0.0 0.00 13 .... PE±2±01 ...... WC HERNDON C #1 WL X 34750 0 4.5 264. 0.0 0.00 LN. 13 .... PE±2±01 ...... W C HERNDON 1 U L X 37910 0 6.6 475. 0.0 0.00 WL LN. 13 .... PE±2±01 ...... CONN HERNDON #1 ..... X 37970 0 4.5 2650. 0.0 0.00 13 .... PE±2±02 ...... 4′′ F/DUDE WILSON X 0 0 4.5 13200. 0.0 0.00 GW5 #1 & WG4 #1. 13 .... PE±2±02 ...... JONES #2±750 WELL X 34740 0 4.5 317. 0.0 0.00 LINE. 13 .... PE±2±02 ...... JONE #1±750 WL LN ..... X 34770 0 4.5 400. 0.0 0.00 13 .... PE±2±03 ...... MTR STA HUM±D W WE X 34830 0 4.5 100. 0.0 0.00 GU4. 13 .... PE±2±03 ...... DUDE WILSON GU±4 #2 X 37930 0 4.5 211. 0.0 0.00 WL. 13 .... PE±2±04 ...... BRUHLMAN #1±17 WL X 34870 0 4.5 4752. 0.0 0.00 LN. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47385 ANNEX 1 TO SCHEDULE AÐContinued [Transwestern Gathering Company] Comp. Pipe Pipe Pipe 2 Pipe 2 S Line seg Description WH Comp Line Meter H/P diameter length diameter length 13 .... PE±2±04 ...... CONN HORIZON #2±17 X 52080 0 4.5 3389. 2.3 98.00 BRUHLMAN. 13 .... PE±2±05 ...... PSHIGODA B #1 4LN & X 0 0 4.5 15790. 0.0 0.00 EQ. 13 .... PE±2±05 ...... CONN EXXON CORP X 34711 0 0.0 ...... 0.0 0.00 DUDE WILSON GU 7± 3. 13 .... PE±2±05 ...... CONN EXXON CORP X 34731 0 0.0 0. 0.0 0.00 DUDE WILSON GU 5± 4. 13 .... PE±2±05 ...... CONN HD WILSON GU7 X 34950 0 4.5 53. 0.0 0.00 #7. 13 .... PE±2±07 ...... 4′′ LN ROGERS #3± X X 0 0 6.6 10666. 0.0 0.00 DUDE WILSON GSG LAT. 13 .... PE±2±07 ...... CONN EXXON±#2 DUDE X 33080 0 4.5 800. 0.0 0.00 WILSON UNIT #2. 13 .... PE±2±07 ...... D WLSN GU WL 2±DW X 34800 0 4.5 272. 0.0 0.00 LAT. 13 .... PE±2±07 ...... ROGERS I±PP LAT 4 IN X 34820 0 4.5 4277. 0.0 0.00 13 .... PE±2±07 ...... MTR STA HBL ROGERS X 34860 0 4.5 400. 0.0 0.00 WL 3. 13 .... PE±2±09 ...... HBL D WILSON 5±Z WL X 34791 0 4.5 400. 0.0 0.00 LN. 13 .... PE±2±10 ...... CONN EXXON-DUDE X 38720 0 4.5 3000. 0.0 0.00 WILSON #6. 13 .... PE±2±10 ...... CONN EXXONÐ#2 X 38760 0 4.5 600. 0.0 0.00 DUDE WILSON UNIT #7. 13 .... PE±2±10 ...... CONN H&L OPERÐ#2 X 38850 0 4.5 1200. 0.0 0.00 PSHIGODA. 13 .... PE±2±11 ...... CONN EXXON-DUDE X 33460 0 4.5 1340. 0.0 0.00 WILSON GAS UNIT 5± 3. 13 .... PE±2±12 ...... CONN EXXONÐ#2 X 38800 0 4.5 900. 0.0 0.00 DUDE WILSON UNIT #1. 13 .... PE±2±13 ...... CONN EXXONÐ#3 X 38860 0 4.5 2135. 0.0 0.00 DUDE WILSON UNIT #4. 13 .... PE±2±14 ...... CONN EXXONÐ#5 X 33070 0 4.5 2400. 0.0 0.00 HELEN ROGERS. 13 .... PE±2±14 ...... DODSON #1±834 WL LN X 34890 0 0.0 0. 0.0 0.00 13 .... PE±2±16 ...... CONN SAMSON RE- X 52121 0 4.5 738. 2.3 360.00 SOURCES DODSON #3 OCH. 13 .... PE±2±17 ...... W C HERNDON B #1±L X 37900 0 4.5 5808. 0.0 0.00 WL LN. 13 .... PE±2±17 ...... CONN COURSON #2± X 52160 0 0.0 0. 0.0 0.00 662 HERNDON OCHL. 13 .... PE±2±18 ...... CONN COURSON #1± X 52181 0 4.5 600. 0.0 0.00 747 ELDEN WAKA PRT. 13 .... SH±1 ...... CON PITMAN-SWINK X 34700 0 4.5 100. 0.0 0.00 WL #1. 13 .... SH±1±03 ...... SCHNEIDER #1±93 WL X 36410 0 4.5 24816. 0.0 0.00 LN. 13 .... SH±1¤2 ...... 6′′ SHARE-WEST X 0 0 6.6 66000. 0.0 0.00 PERRYTON LAT. 13 .... SH±2±02 ...... MTR STA RDG GREGG X 34530 0 4.5 2640. 0.0 0.00 WL 1. 13 .... SH±2±02 ...... TEVIS #1±20 WL LN ...... X 36420 0 4.5 15312. 0.0 0.00 13 .... SH±2±02 ...... CONNER #1±36 WL LN .X 36750 0 4.5 370. 0.0 0.00 13 .... ER±2±03 ...... SMITH #1±30 WELL LN .X 34540 0 4.5 6864. 0.0 0.00 14 .... ER±1¤2 ...... 6′′ ELLIS RANCH FLD X 0 0 6.6 52800. 0.0 0.00 LAT. 14 .... ER±3 ...... 6′′ ELLIS RANCH FLD X 0 0 6.6 31680. 0. 0.00 LAT. 14 .... ER±3±01 ...... MTR STA H KAY NELL X 34640 0 4.5 10560. 0.0 0.00 W#1. 47386 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices ANNEX 1 TO SCHEDULE AÐContinued [Transwestern Gathering Company] Comp. Pipe Pipe Pipe 2 Pipe 2 S Line seg Description WH Comp Line Meter H/P diameter length diameter length 14 .... ER±3±01 ...... CONN AMOCOÐ#2 X 38710 0 0.0 0. 0.0 0.00 KAYNELL-HAMKER TRUSTA. 14 .... ER±3±02 ...... ARTHUR MORGAN #1 X 34660 0 4.5 19008. 0.0 0.00 WL LN. 14 .... ER±3±03 ...... MORRIS C±1 4 LN & EQ X 34940 0 4.5 370. 0.0 0.00 14 .... ER±3±04 ...... CONNMEWBOURNEÐ X 38610 0 4.5 6400. 0.0 0.00 #1 MORRIS. 14 .... ER±3M ...... 4′′ MITCHELL #1 & #A±1 X 0 0 4.5 4224. 0.0 0.00 LAT. 14 .... ER±3M1 ...... 4′′ MITCHELL #1 & #A±1 X 0 0 4.5 10560. 0.0 0.00 LAT. 14 .... GR±1 ...... PERRY A #1±730 WL LN X 36490 0 6.6 45408. 0.0 0.00 14 .... GR±1±01 ...... CONN ANDARKO #1±58 X 55360 0 0.0 0. 0.0 0.00 SELL NORTHRUP. 14 .... GR±1±01 ...... WHEAT #1±678 WL LN .. X 37130 0 4.5 53. 0.0 0.00 14 .... GR±1±01 ...... SHELL-WHEAT #1±732 X 37150 0 6.6 7920. 0.0 0.00 WL LN. 14 .... GR±1±01 ...... CONNMEWBOURNEÐ X 38680 0 0.0 0. 0.0 0.00 PERRY #2. 14 .... GR±1±02 ...... CONN DICK BARTON #1 X 37260 0 6.6 7920. 0.0 0.00 14 .... GR±1±03 ...... CONN APACHE-MILES X 34484 0 4.5 1600. 0.0 0.00 UNIT #1. 14 .... GR±1±03 ...... CONN APACHE HARRY X 36470 0 6.6 21120. 0.0 0.00 L KING #1. 14 .... GR±1±03 ...... CONN MOUNTAIN X 36471 0 0.0 0. 0.0 0.00 FRONT VARIOUS WELLS. 14 .... GR±1±04 ...... CONN TED WEINER- X 37400 0 4.5 1700. 0.0 0.00 MRS Z D GUY±1. 14 .... GR±1±07 ...... CONNMEWBOURNEÐ X 38600 0 4.5 2100. 0.0 0.00 #1 PERRY. 14 .... GR±1±09 ...... CONN TARPON OIL-H X 36480 0 6.6 7392. 0.0 0.00 PEERY #2. 14 .... GR±2 ...... GRAY ROCK TW #826 ... X 0 785 0.0 0. 0.0 0.00 14 .... KC±3±02 ...... MTR STA FAL SEA-HAN X 36060 0 4.5 7920. 4.5 100.00 #1.. 14 .... KC±3±03 ...... LANDERS #1 WL LN ...... X 37162 0 4.5 6864. 0.0 0.00 14 .... KC±3±12 ...... CONN COURSON OIL X 55101 0 4.5 2520. 0.0 0.00 #2±855 LANDERS. 20 .... BH±1/2/3/4/5 8′′ HANSFORD LAT ...... X 0 0 8.6 63360. 0.0 0.00 20 .... BH±2 ...... BRILLHART TW #748 & X 0 1493 0.0 0. 0.0 0.00 796. 20 .... BH±2±01 ...... LAT 4 GANDY & GLOV- X 0 0 4.0 10800. 0.0 0.00 ER TO BRILLHART. 20 .... BH±2±01 ...... GO-GAND WL LN- X 33930 0 4.5 21120. 4.5 100.00 BRLHT LT. 20 .... BH±2±03 ...... FARM TAPÐGEORGE X 352 0 0.0 0. 0.0 0.00 C. COLLARD. 20 .... BH±2±04 ...... CONN GULF-LOWE±1 ... X 33440 0 4.0 6000. 0.0 0.00 20 .... BH±2±04 ...... CONN BILLINGSLEY #1 . X 33840 0 0.0 0. 0.0 0.00 20 .... BH±2±05 ...... HORIZON-LOWE #1 WL X 33960 0 4.5 5808. 0.0 0.00 LN. 20 .... BH±2±05 ...... BALLARD #1±123 WL LN X 33990 0 4.5 5808. 0.0 0.00 20 .... BH±2±06 ...... CONN BROCK EXPL X 33411 0 0.0 0. 0.0 0.00 CORP #1 ANDERSON. 20 .... BH±2±06 ...... MTR STA HOR OG COP X 33970 0 4.5 7920. 0.0 0.00 WL 1. 20 .... BH±2±07 ...... CONN GULF-RHODA X 33400 0 8.0 5280. 0.0 0.00 HARTÐ1. 20 .... BH±3 ...... CONN UNIT DRILL & X 33090 0 4.5 120. 0.0 0.00 EXPL NO 1 BECK. 20 .... BH±3±01 ...... FUR-MUR WL LN- X 0 0 4.5 15240. 0.0 0.00 BRLHT LT. 20 .... BH±3±01 ...... CONN MARY #2 ...... X 33982 0 2.0 60. 0.0 0.00 20 .... BH±3±03 ...... CONNMEWBOURNE- X 33160 0 0.0 0. 0.0 0.00 HIGGS #1. 20 .... BH±3/4 ...... 8′′ BERNSTEIN LAT ...... X 0 0 8.0 52800. 0.0 0.00 20 .... BH±4 ...... 8′′ BRILLHART LAT ...... X 0 0 8.6 36960. 0.0 0.00 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47387 ANNEX 1 TO SCHEDULE AÐContinued [Transwestern Gathering Company] Comp. Pipe Pipe Pipe 2 Pipe 2 S Line seg Description WH Comp Line Meter H/P diameter length diameter length 20 .... BH±4±01 ...... FARM TAP-PAT PAT- X 401 0 0.0 0. 0.0 0.00 TERSON/ROBERT H. ARCHER. 20 .... BH±4±01 ...... GO-STL WL LN-BRLHT X 33870 0 4.5 15840 0.0 0.00 LAT. 20 .... BH±5±03 ...... CONNMARLIN OIL #1 X 53250 0 0.0 0. 0.0 0.00 SUE. 20 .... BH±5±04 ...... CONN HORIZON TX X 53230 0 4.0 3000. 0.0 0.00 BRILHRT 1±6 HNGFRD. 21 .... JC±1 ...... CONN BARBOUR EN- X 33110 0 0.0 0. 0.0 0.00 ERGY CORP. #1 JAR- VIS. 21 .... JC±1 ...... JOHN CREEK TW #747 . X 0 708 0.0 0. 0.0 0.00 21 .... JC±1/2 ...... 6′′ JOHN CREEK LAT .... X 0 0 6.6 4382. 0.0 0.00 21 .... JC±2 ...... JOHN CREEK CROSS- X 9238 0 0.0 0. 0.0 0.00 OVER. 21 .... JC±2 ...... MTR STA SUN O-MIN K X 33700 0 4.5 4752. 0.0 0.00 #1. 21 .... JC±2 ...... MTR STA GLE MATT X 33941 0 6.6 18480. 4.5 100.00 WLI A. 21 .... JC±2±01 ...... 4′′ LAT F/JACKSON #1 & X 0 0 4.5 13200. 0.0 0.00 K L WEST #1. 21 .... JC±2±01 ...... ARCHER #1±72 WELL X 33730 0 4.5 317. 0.0 0.00 LINE. 21 .... JC±2±02 ...... PAN AM-BRAINARD #1 X 33780 0 4.5 5280. 0.0 0.00 LN. 21 .... JC±2±02 ...... MATHEWS #1 4LN & EQ X 38000 0 4.5 6336. 0.0 0.00 21 .... JC±2±2 ...... MATHEWS #1±80 WL LN X 35052 0 4.5 264. 0.0 0.00 21 .... JC±3 ...... CLEMENT #1±14 WL LN X 33980 0 4.5 28512. 0.0 0.00 21 .... JC±3 ...... CONN HORIZON #1 X 53240 0 0.0 0. 0.0 0.00 CONVERSE A OCHLTR. 21 .... JC±3±01 ...... PAN AM-BECK B #1 LN .X 35061 0 4.5 264. 0.0 0.00 21 .... LP±1±01 ...... FLOWERS #1±5 5 WL X 35041 0 4.5 158. 0.0 0.00 LN. 21 .... LP±1±02 ...... CONN #2 REED ...... X 33650 0 4.5 4900. 0.0 0.00 21 .... LP±1±02 ...... CONN ELEANOR REED X 35071 0 4.5 264. 0.0 0.00 WELL #1. 21 .... LP±1±04 ...... CONN AMOCO PRO #2 X 52240 0 4.5 1800. 0.0 0.00 WB MCINTIRE ``A''. ANNEX 2 TO SCHEDULE A Acct Res sys Fn State sys Loc Location description Area Line No. Map ref SPEARMAN 35 ...... GP ...... TX ...... 75 30101 LIPS AS WELL GATH/TEXAS ...... A ...... TG 30101 ... T±2. 35 ...... GP ...... TX ...... 75 30301 JOHNSON #1 WELL GATH/TEXAS ...... A ...... TG 30301 ... T±2. 35 ...... GP ...... TX ...... 75 30401 STATEX NITSCHKE #1 WELL GATH/TEXAS ...... A ...... TG 30401 ... T±2. 35 ...... GP ...... TX ...... 75 31001 BULTMAN #1 WELL GATH/TEXAS ...... A ...... TG 31001 ... T±2. 35 ...... GP ...... TX ...... 75 32101 LIPS B1 WELLO GATH/TEXAS ...... A ...... TG 32101 ... T±2. 35 ...... GP ...... TX ...... 75 33201 KNOX PIPKIN #1±28 WELL GATH/TEXAS ...... A ...... TG 33201 ... T±2. 35 ...... GP ...... TX ...... 75 38601 KILEBREW WELL GATH/TEXAS ...... A ...... TG 38601 ... T±2. 35 ...... GP ...... TX ...... 75 43801 FLOWERS #1 WELL GATH/TEXAS ...... A ...... TG 43801 ... T±2. 35 ...... GP ...... TX ...... 75 48001 SPEARMAN 16IN SUCTION GATH/TEXAS ...... A ...... TG 48001 ... T±2. 35 ...... GP ...... TX ...... 75 53601 FLOWERS #1/FLOWERS #1 TIE-IN ...... A ...... TG 53601 ... T±2. 35 ...... GP ...... TX ...... 75 61401 LIPS RANCH GATH/TEXAS ...... A ...... TG 61401 ... T±2. 35 ...... GP ...... TX ...... 75 72301 ROBERTS COUNTY #1 SUCTION LINE/TX ...... A ...... TG 72301 ... T±2. 35 ...... GP ...... TX ...... 75 73501 ROBERTS CO #1 LINE/TEXAS ...... A ...... TG 73501 ... T±2. 35 ...... GP ...... TX ...... 75 81191 HODGES #1±39 WEKK GATHERING/TEXAS ...... A ...... TG 81191 ... T±2. 35 ...... GP ...... TX ...... 75 86901 LIPS RANCH LATERAL ...... A ...... TG 86901 ... T±2. 35 ...... GP ...... TX ...... 75 87001 LIPS RANCH TIE-OVER LINE ...... A ...... TG 87001 ... T±2. 35 ...... GP ...... TX ...... 75 24001 NORTH OF SPEARMAN GATH/TEXAS ...... A ...... TG24001 .... T±3. 35 ...... GP ...... TX ...... 75 24601 MCCARTY A1 WELL GATH/TEXAS ...... A ...... TG 24601 ... T±3. 35 ...... GP ...... TX ...... 75 24701 VERNON A1 WELL GATH/TEXAS ...... A ...... TG 24701 ... T±3. 35 ...... GP ...... TX ...... 75 31601 KIRK #1 WELL GATH/TEXAS ...... A ...... TG 31601 ... T±3. 35 ...... GP ...... TX ...... 75 32801 JACKSON A#1 UT/LT WELL GATH LINE/TX ...... A ...... TG 32801 ... T±3. 47388 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices ANNEX 2 TO SCHEDULE AÐContinued Acct Res sys Fn State sys Loc Location description Area Line No. Map ref 35 ...... GP ...... TX ...... 75 32901 WILMETH WELL GATH/TEXAS ...... A ...... TG 32901 ... T±3. 35 ...... GP ...... TX ...... 75 33501 ODC #1±44 WELL GATH/TEXAS ...... A ...... TG 33501 ... T±3. 35 ...... GP ...... TX ...... 75 34701 REX #1 WELL GATH/TEXAS ...... A ...... TG 34701 ... T±3. 35 ...... GP ...... TX ...... 75 35001 YANDA ET AL WELL GATH/TEXAS ...... A ...... TG 35001 ... T±3. 35 ...... GP ...... TX ...... 75 35101 KENNY WELL GATH/TEXAS ...... A ...... TG 35101 ... T±3. 35 ...... GP ...... TX ...... 75 38501 CLEMENTINE-LEE WELL GATH/TEXAS ...... A ...... TG 38501 ... T±3. 35 ...... GP ...... TX ...... 75 38801 JACKSON #1LT/BEULAH #1 TIE-IN GATH ...... A ...... TG 38801 ... T±3. 35 ...... GP ...... TX ...... 75 38901 BRAINARD #3 WELL GATH/TEXAS ...... A ...... TG 38901 ... T±3. 35 ...... GP ...... TX ...... 75 40601 MCINTIRE #1-LT AND UT WELL GATH/TEXAS ..... A ...... TG 40601 ... T±3. 35 ...... GP ...... TX ...... 75 41201 BEULAH #1 WELL GATH/TEXAS ...... A ...... TG 41201 ... T±3. 35 ...... GP ...... TX ...... 75 46101 MATHEWS #2 WELL GATH/TEXAS ...... A ...... TG 46101 ... T±3. 35 ...... GP ...... TX ...... 75 60801 COOKE #1C WELL GATH/TEXAS ...... A ...... TG 60801 ... T±3. 35 ...... GP ...... TX ...... 75 64201 CROWE 7±58 WELL GATH/TEXAS ...... A ...... TG 64201 ... T±3. 35 ...... GP ...... TX ...... 75 86801 BRACKEN ENERGY-ETLING #1±8 ...... A ...... TG 86801 ... T±3. FULLER 37 ...... GP ...... TX ...... 55 53401 FISHER #1 WELL GATH/TEXAS ...... A ...... TG 53401 ... T±3. 37 ...... GP ...... TX ...... 55 53701 R WAMBLE #1 ...... A ...... TG 53701 ... T±3. 37 ...... GP ...... TX ...... 55 53801 PEARL #1 ...... A ...... TG 53801 ... T±3. 37 ...... GP ...... TX ...... 55 53901 BOARD #1 WELL GATH/TEXAS ...... A ...... TG 53901 ... T±3. 37 ...... GP ...... TX ...... 55 59201 GENE CLUCK #1 WELL GATHERING LINE/T ...... A ...... TG 59201 ... T±3 PERRYTON 79 ...... GP ...... OK ...... 44 16701 GEORGE MOUNTS WELL GATH/OKLAHOMA ...... A ...... OG 16701 .. O±13. 79 ...... GP ...... OK ...... 44 17801 SIMS #1 LATERAL GATH/OKLAHOMA ...... A ...... OG 17801 .. O±13. 79 ...... GP ...... OK ...... 44 24001 WILSON #1 GATH/OKLAHOMA ...... A ...... OG 24001 .. O±13. 79 ...... GP ...... OK ...... 44 27301 PALMER #1 WELL GATH/OKLAHOMA ...... A ...... OG 27301 .. O±13. 79 ...... GP ...... OK ...... 44 31901 PITTMAN #1 WELL/GATH/OKLAHOMA ...... A ...... OG 31901 .. O±13. 79 ...... GP ...... OK ...... 44 47201 BECKWITH 1±22 WELL GATHERING/OKLA ...... A ...... OG 47201 .. O±13. 79 ...... GP ...... OK ...... 44 50501 NAYLOR #1 WELL GATH/OKLA ...... A ...... OG 50501 .. O±13. 79 ...... GP ...... TX ...... 71 21301 CUTTER #1 WELL GATH/TEXAS ...... A ...... TG 21301 ... T±2. 79 ...... GP ...... TX ...... 71 21401 PHISGODA #1 WELL GATH/TEXAS ...... A ...... TG 21401 ... T±2. 79 ...... GP ...... TX ...... 71 21501 ORINGDERFF WELL GATH/TEXAS ...... A ...... TG 21501 ... T±2. 79 ...... GP ...... TX ...... 71 21601 WRIGHT #1 WELL GATH/TEXAS ...... A ...... TG 21601 ... T±2. 79 ...... GP ...... TX ...... 71 21701 SCHOENHALS #1 WELL ...... A ...... TG 21701 ... T±2. 79 ...... GP ...... TX ...... 71 21801 GEORGE MOUNTS #1 WELL GATH/TEXAS ...... A ...... TG 21801 ... T±2. 79 ...... GP ...... TX ...... 71 27301 PALMER #1 WELL GATH LINE/TEXAS ...... A ...... TG 27301 ... T±2. 79 ...... GP ...... TX ...... 71 28401 GEORGE #1 WELL GATH/TEXAS ...... A ...... TG 28401 ... T±2. 79 ...... GP ...... TX ...... 71 28801 LE MASTER #1 WELL GATH/TEXAS ...... A ...... TG 28801 ... T±2. 79 ...... GP ...... TX ...... 71 30801 ODELL LA MASTER WELL GATH/TEXAS ...... A ...... TG 30801 ... T±2. 79 ...... GP ...... TX ...... 71 32301 GREENE #1 WELL ...... A ...... TG 32301 ... T±2. 79 ...... GP ...... TX ...... 71 32601 SIMS #1±36L WELL GATH/TEXAS ...... A ...... TG 32601 ... T±2. 79 ...... GP ...... TX ...... 71 34301 MOYES-GEORGE #1 WELL GATH/TEXAS ...... A ...... TG34301 .... T±2. 79 ...... GP ...... TX ...... 71 38701 PERRY #1 WELL GATH/TEXAS ...... A ...... TG 38701 ... T±2. 79 ...... GP ...... TX ...... 71 39201 PERRY B1 WELL GATH/TEXAS ...... A ...... TG 39201 ... T±2. 79 ...... GP ...... TX ...... 71 71701 SCHULTZ #1 WELL GATHERING/TEXAS ...... A ...... TG 71701 ... T±2. 79 ...... GP ...... TX ...... 71 80031 BATMAN #1±21 SIDE VALVE/TEXAS ...... A ...... TG 80031 ... T±2. 79 ...... GP ...... TX ...... 71 80751 TANDY #1 WELL GATHERING LINE/TX ...... A ...... TG 80751 ... T±2. ITEM IN BOLD REFLECTS A PORTION OF THE TOTAL LINE NO. REFERENCED AS TG24001 The facilities for line no. TG24001 include only the following facilities: Buckner A1 wellhead facilities and approximately 3.4 miles of 4±inch pipeline from well connection in section 20 to side valve on the 10±inch TG24001 in section 27; and approximately 6.5 miles of 4±inch pipeline from a side valve on TG64201 in section 25 to a side valve on the 10±inch TG24001 in section 30 (including well facilities for G1, G1A, G2, & G3). This Interim Agreement Trade Commission (‘‘Commission’’), an between Phillips, Enron, and the (‘‘Agreement’’) is by and among Phillips independent agency of the United States Commission; and Petroleum Company (‘‘Phillips’’), a Government, established under the Whereas, the Commission is now corporation organized, existing and Federal Trade Commission Act of 1914, investigating the Acquisition to doing business under and by virtue of 15 U.S.C. § 41, et seq. (collectively, the determine whether it would violate any the laws of the state of Delaware, with ‘‘Parties’’). of the statutes enforced by the its principal executive offices located at Commission; and Phillips Building, Bartlesville, Premises Oklahoma 74004; Enron Corp. Whereas, if the Commission accepts Whereas, on November 15, 1994, the Agreement Containing Consent (‘‘Enron’’) a corporation organized, Phillips entered into an Agreement to existing, and doing business under and Order (‘‘Consent Order’’), the acquire certain voting securities from by virtue of the laws of the State of Commission must place it on the public Enron, as further described in the Delaware, with its principal executive record for a period of at least sixty (60) ‘‘Acquisition’’ definition in the offices located at 1400 Smith Street, days and may subsequently withdraw Agreement Containing Consent Order Houston, Texas 77002; and the Federal such acceptance pursuant to the Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47389 provisions of Section 2.34 of the 3. Should the Federal Trade comment from Phillips Petroleum Co. Commission’s Rules; and Commission seek in any proceeding to (‘‘Phillips’’) and Enron Corp. (‘‘Enron’’) Whereas, under the Consent Order, compel Phillips to divest itself of the an agreement containing consent order. Enron will not sell, transfer or otherwise voting securities acquired in the This agreement has been placed on the convey, directly or indirectly, to Acquisition, or assets conveyed public record for sixty (60) days for Phillips certain assets listed in Schedule pursuant thereto, or to seek any other reception of comments from interested A of the Consent Order in connection injunctive or equitable relief, Phillips persons. with the Acquisition; and and Enron shall not raise any objection Comments received during this period Whereas, the Commission is based on the expiration of the will become part of the public record. concerned that if an understanding is applicable waiting period under the After sixty (60) days, the Commission not reached to preserve the status quo Hart-Scott-Rodino Antitrust will again review the agreement and the ante, divestiture resulting from any Improvements Act of 1976 or the fact comments received, and will decide proceeding challenging the legality of that the Commission has permitted the whether it should withdraw from the the Acquisition might not be possible, Acquisition. Phillips and Enron also agreement or make final the agreement’s or might be a less than effective remedy; waive all rights to contest the validity of order. and this Agreement. The Commission’s investigation of Whereas, the purpose of this 4. For the purpose of determining or this matter concerns Phillips’ proposed Agreement is to preserve the status quo securing compliance with this acquisition, through its wholly-owned ante pending Commission acceptance or Agreement, subject to any legally subsidiary, GPM Gas Services Corp., of rejection of the proposed Consent Order recognized privilege, and upon written certain pipeline gathering systems and to preserve a remedy for any request with reasonable notice to owned by Enron’s subsidiaries, anticompetitive effects of the Phillips or Enron, as the case may be, Northern Natural Gas Co. and Acquisition; and made to its principal office, Phillips or Transwestern Pipeline Co. Phillips and Whereas, Phillips and Enron’s Enron, as the case may be, shall permit Enron are engaged in gas gathering—the entering into this Agreement shall in no any duly authorized representative or transportation of natural gas, for their way be construed as an admission by representatives of the Commission: own or for others’ use, from a well head Phillips and Enron that the Acquisition a. Access during the office hours of or producing area to a gas transmission is illegal or anticompetitive; and the company and in the presence of pipeline or a gas processing plant. The Whereas, Phillips and Enron counsel to inspect and copy all books, Commission’s investigation of this understand that no act or transaction ledgers, accounts, correspondence, matter found potential anticompetitive contemplated by this Agreement shall memoranda, and other records and problems in the Texas Panhandle be deemed immune or exempt from the documents in the possession or under counties of Hansford, Lipscomb, and provisions of the antitrust laws or the the control of the company relating to Ochiltree and the immediately adjoining Federal Trade Commission Act by compliance with this Agreement; area in Beaver County, Oklahoma reason of anything contained in this b. Without restraint or interference (hereafer referred to as the Panhandle Agreement. from it, to interview officers or counties). Now, therefore, with the employees of the company, who may For certain gas and oil producers in understanding that the Commission has have counsel present, regarding any the Panhandle counties, the respondents not yet determined whether the such matters. are the only, or two of very few, choices Acquisition will be challenged, and in 5. In the event the Commission has available for producers who require gas consideration of the Commission’s not finally issued the Consent Order gathering services. The Commission was agreement that, unless the Commission within one hundred twenty (120) days concerned that the proposed merger determines to reject the Consent Order, of its publication in the Federal would eliminate competition between it will not seek further relief from Register, Phillips or Enron may each, at the respondents in providing gas Phillips and Enron with respect to the its own option, terminate this gathering services. The Commission was Acquisition (except that the Agreement by delivering written notice also concerned that the proposed merger Commission may exercise any and all of termination to the Commission, would lead to anticompetitive increases rights to enforce this Agreement and the which termination shall be effective ten in gathering rates to these producers, Consent Order to which it is annexed (10) days after the Commission’s receipt and an overvall reduction in gas drilling and made a part thereof,) the Parties of such notice, and this Agreement shall and production. agree as follows: thereafter be of no further force and The agreement Containing Consent 1. Phillips and Enron agree to execute effect. If this Agreement is so order would, if finally issued by the and be bound by the Consent Order. terminated, the Commission may take Commission, settle charges alleged in Phillips, Enron, and the Commission such action as it deems appropriate, the Commission’s Complaint that further agree that each term defined in including, but not limited to, an action Phillips’ acquisition of Enron’s gas the Consent Order shall have the same pursuant to Section 13(b) of the Federal gathering systems substantially lessened meaning in this Agreement. Trade Commission Act, 15 U.S.C. competition in the gathering of natural 2. Phillips and Enron agree that from § 53(b). Termination of this Agreement gas in the Panhandle counties. The the date this Agreement is accepted shall in no way operate to terminate the nature of such competition to be until the earlier of the dates listed in Consent Order that Phillips and Enron preserved is the actual and potential subparagraphs 2.a. and 2.b., they will have entered into in this matter. competition to provide gas gathering not consummate the Acquisition: 6. This Agreement shall not be services to producers and other a. Three (3) business days after the binding until approved by the customers of the parties. The Commission withdraws its acceptance Commission. Commission’s Complaint further alleges of the Consent Order pursuant to the that Phillips’ merger agreement with provisions of Section 2.34 of the Analysis To Aid Public Comment on the Enron violates Section 5 of the Federal Commission’s rules; or Provisionally Accepted Consent Order Trade Commission Act and that the b. One day after the Consent Order The Federal Trade Commission merger, if consummated, would violate becomes final. (‘‘Commission’’) has accepted for public Section 5 of the Federal Trade 47390 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices Commission Act and Section 7 of the Dr. Landay has entered into a Name: Citizens Advisory Committee on Clayton Act. Voluntary Settlement Agreement with Public Health Service Activities and The order accepted for public ORI in which he has accepted ORI’s Research at DOE Sites: Hanford Health comment contains provisions that finding and, for the two (2) year period Effects Subcommittee (HHES). Times and Dates: 8 a.m.–5 p.m., September would require that Enron not sell beginning August 8, 1995, has 28, 1995. 8 a.m.–5 p.m., September 29, 1995. approximately 830 miles of pipe and voluntarily agreed to: Place: Holiday Inn Boise/Airport, 3300 related gas gathering assets within the (1) Exclude himself from serving in Vista Avenue, Boise, Idaho 83705, telephone Panhandle counties to Phillips. The gas any advisory capacity to PHS, including 208/344–8365, FAX 208/343–9635. gathering assets to be excluded from the but not limited to service on any PHS Status: Open to the public, limited only by transaction are listed in Schedule A of advisory committee, board, and/or peer the space available. The meeting room the proposed Consent Order. For a review committee, or as a consultant; accommodates approximately 150 people. Background: A Memorandum of period of ten (10) years from the date and (2) Certify in every PHS research Understanding (MOU) was signed in October that the order becomes final, the order 1990 and renewed in November 1992 would require prior Commission application or report that all between ATSDR and DOE. The MOU notification before (a) Phillips could contributors to the application or report delineates the responsibilities and acquire from any one person during any are properly cited or otherwise procedures for ATSDR’s public health 18 month period more than five miles acknowledged. The certification by the activities at DOE sites required under of gas gathering pipelines located within Respondent must be endorsed by an sections 104, 105, 107, and 120 of the the Panhandle counties, or (b) Enron institutional official. A copy of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or could sell the Schedule A assets to endorsed certification is to be sent to ORI by the institution. ‘‘Superfund’’). These activities include health Phillips or Maxus Energy Corporation, consultations and public health assessments another large gas gatherer in the ORI acknowledges that Dr. Landay at DOE sites listed on, or proposed for, the Panhandle counties. cooperated with the institutional Superfund National Priorities List and at A separate agreement between the investigation and the ORI review, sites that are the subject of petitions from the Commission and Phillips and Enron accepted responsibility for his actions, public; and other health-related activities preserves the status quo pending final and appropriately corrected the such as epidemiologic studies, health scientific literature. The two published surveillance, exposure and disease registries, action by the Commission to accept or health education, substance-specific applied reject the proposed consent order. papers (Coon, J.S., Landay, A.L., & Weinstein, R.S. ‘‘Advances in flow research, emergency response, and Phillips and Enron agreed to take no preparation of toxicological profiles. steps to consummate the proposed cytometry for diagnostic pathology.’’ In addition, under an MOU signed in acquisition until the Commission Laboratory Investigations 57:453–479, December 1990 with DOE, the Department of accepts or rejects the proposed order. 1987; and Landay, A., Hennings, C., Health and Human Services (HHS) has been The purpose of this analysis is to Forman, M., & Raynor, R. ‘‘Whole blood given the responsibility and resources for invite public comment concerning the method for simultaneous detection of conducting analytic epidemiologic investigations of residents of communities in consent order. This analysis is not surface and cytoplasmic antigens by flow cytometry.’’ Cytometry 14:433–440, the vicinity of DOE facilities, workers at DOE intended to constitute an official facilities, and other persons potentially interpretation of the agreement and 1993) that contained plagiarized text exposed to radiation or to potential hazards order or to modify their terms in any have been corrected (Landay, A. from non-nuclear energy production and use. way. Correspondence. Laboratory HHS delegated program responsibility to Donald S. Clark, Investigations 70:134, 1994; and CDC. Purpose: The purpose of this meeting is to Scretary. Landay, A., Jennings, C., Forman, M., & Raynor, R. Correction. Cytometry receive updates from the Inter Tribal Council [FR Doc. 95–22581 Filed 9–11–95; 8:45 am] 14:698, 1993). on Hanford Health Projects; updates and BILLING CODE 6750±01±M clarification from ATSDR and CDC FOR FURTHER INFORMATION CONTACT: representatives on outstanding issues; Director, Division of Research address procedures for renewing, adding, and Investigations, Office of Research DEPARTMENT OF HEALTH AND replacing HHES members; discuss with Integrity, 5515 Security Lane, Suite 700, Agency personnel, issues relevant to the HUMAN SERVICES Rockville, MD 20852. Technical Steering Panel; and receive reports Lyle W. Bivens, from the Outreach, Public Health Activities, Office of the Secretary and Health Studies Work Groups. Director, Office of Research Integrity. Matters To Be Discussed: Agenda items Findings of Scientific Misconduct [FR Doc. 95–22515 Filed 9–11–95; 8:45 am] will include ATSDR’s & CDC’s updates, a BILLING CODE 4160±17±P discussion of ‘‘Popular Epidemiology,’’ AGENCY: Office of the Secretary, HHS. guidance from ATSDR, Office of Public ACTION: Notice. Affairs, on media relations, and topics germane to work group activities. SUMMARY: Notice is hereby given that Agency for Toxic Substances and Disease Registry Agenda items are subject to change as the Office of Research Integrity (ORI) priorities dictate. has made final findings of scientific Citizens Advisory Committee on Public Contact Person for More Information: misconduct in the following case: Health Service Activities and Research Linda A. Carnes, Health Council Advisor, Alan L. Landay, Ph.D., Rush- ATSDR, E–28, 1600 Clifton Road, NE, at Department of Energy (DOE) Sites: Atlanta, Georgia 30333, telephone 404/639– Presbyterian—St. Luke’s Medical Hanford Health Effects Subcommittee Center: Based on an investigation 0730, FAX 404/639–0759. conducted by the institution, ORI found In accordance with section 10(a)(2) of Dated: September 6, 1995. that Alan L. Landay, Ph.D., Associate the Federal Advisory Committee Act Carolyn J. Russell, Professor, Department of Immunology/ (Pub. L. 92–463), the Agency for Toxic Director, Management Analysis and Services Microbiology, engaged in scientific Substances and Disease Registry Office, Centers for Disease Control and misconduct involving two instances of (ATSDR) and the Centers for Disease Prevention (CDC). plagiarism in publications related to two Control and Prevention (CDC) announce [FR Doc. 95–22561 Filed 9–11–95; 8:45 am] Public Health Service (PHS) grants. the following meeting. BILLING CODE 4163±70±M Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47391 Public Meeting of the Inter Tribal Purpose: The purpose of this meeting of burden of the collection of information Council, in Association With the the ITC is to discuss issues that are unique on respondents, including through the Meeting of the Citizens Advisory to tribal involvement with HHES including use of automated collection techniques Committee on Public Health Service considerations regarding a proposed medical for other forms of information monitoring program and explorations of Activities and Research at Department options and alternatives to providing support technology. Send comments to Wilma of Energy (DOE) Sites: Hanford Health for tribal involvement in HHES. Johnson, CDC Reports Clearance Officer, Effects Subcommittee Matters To Be Discussed: Agenda items 1600 Clifton Road, MS–D24, Atlanta, will include dialogue pertaining to issues GA 30333. Written comments should be The Agency for Toxic Substances and unique to tribal involvement with HHES. received within 60 days of this notice. Disease Registry (ATSDR) and the This will include an update on the status of Centers for Disease Control and ATSDR’s draft policy on establishing Proposed Projects Prevention (CDC) announce the government-to-government relations with the following meeting. nine affected tribes as sovereign nations, and 1. Evaluation of the ‘‘WomanKind: Support Systems NS for Battered Name: Public Meeting of the Inter Tribal exploring options and alternatives to Council (ITC), in association with the providing support for tribal participation in Women’’ Project in Minnesota—New— meeting of the Citizen Advisory Committee HHES. The Division of Violence Prevention at on Public Health Service Activities and Agenda items are subject to change as CDC has been directed to work to Research at DOE Sites: Hanford Health priorities dictate. increase physicians’ and other health Effects Subcommittee (HHES). Contact Person for More Information: care providers’ ability to identify and Time and Date: 9 a.m.–4:30 p.m., Linda A. Carnes, Health Council Advisor, ATSDR, E–28, 1600 Clifton Road, NE, attend to the needs of victims of September 27, 1995. domestic violence. WomanKind strives Location: Holiday Inn Boise/Airport, 3300 Atlanta, Georgia 30333, telephone 404/639– Vista Avenue, Boise, Idaho 83705, telephone 0730, FAX/639–0759. to: (1) increase health care providers’ 208/344–8365, FAX 208/343–9635. Dated: September 6, 1995. capacity and motivation to identify and Status: Open to the public, limited only by refer battered women to WomanKind Carolyn J. Russell, the space available. The meeting room advocates from several hospital accommodates approximately 50 people. Director, Management Analysis and Services departments, (2) facilitate clients’ Background: A Memorandum of Office, Centers for Disease Control and Prevention (CDC).0 decisions to alter their circumstances, Understanding (MOU) was signed in October and (3) work with clients to identify and 1990 and renewed in November 1992 [FR Doc. 95–22563 Filed 9–11–95; 8:45 am] access existing community services that between ATSDR and DOE. The MOU BILLING CODE 4163±70±M delineates the responsibilities and provide practical support in developing procedures for ATSDR’s public health and implementing a plan for change. activities at DOE sites required under Centers for Disease Control and This program is in operation at three sections 104, 105, 107, and 120 of the Comprehensive Environmental Response, Prevention hospitals in the Minneapolis area. Three similar hospitals will be included as Compensation, and Liability Act (CERCLA or [INFO±95±03] ‘‘Superfund’’). These activities include health comparison sites. The evaluation is consultations and public health assessments Proposed Data Collections Submitted being conducted to determine the extent at DOE sites listed on, or proposed for, the for Public Comment and to which the objectives listed above are Superfund National Priorities List and at Recommendations achieved and to identify the integration sites that are the subject of petitions from the and level of contribution made by each public; and other public-related activities In compliance with the requirement specific program element. These data such as epidemiologic studies, health surveillance, exposure and disease registries, of Section 3506(c)(2)(A) of the are specific to the project in Minnesota. health education, substance-specific applied Paperwork Reduction Act of 1995 for Specific outcomes include examining research, emergency response, and opportunity for public comment on health care providers and WomanKind preparation of toxicological profiles. proposed data collection projects, the advocates knowledge, attitudes, In addition, under an MOU signed in Centers for Disease Control and motivations, and skills, and the ability December 1990 with DOE, the Department of Prevention (CDC) will publish periodic to successfully diagnose, manage, refer, Health and Human Services (HHS) has been summaries of proposed projects. To and otherwise assist female victims of given the responsibility and resources for request study materials on the proposed intimate partner violence. Client’s conducting analytic epidemiologic project, call the CDC Reports Clearance satisfaction with services, number of investigations of residents of communities in the vicinity of DOE facilities, workers at DOE Officer on (404) 639–3453. repeat contacts with WomanKind, and facilities, and other persons potentially Comments are invited on: (a) Whether (perhaps) their use of community exposed to radiation or to potential hazards the proposed collection of information services will be considered, as well. An from non-nuclear energy production and use. is necessary for the proper performance examination of materials, HHS delegated program responsibility to of the functions of the agency, including implementation process and the CDC. whether the information shall have potential for this program to be used in Community involvement is a critical part practical utility; (b) the accuracy of the other settings are additional of ATSDR’s and CDC’s energy-related agency’s estimate of the burden of the components of the evaluation study. If research and activities and input from members of the ITC is part of these efforts. proposed collection of information; (c) proven effective, this program could be The ITC will work with HHES to provide ways to enhance the quality, utility, and used with other domestic violence input on Native American health effects at clarity of the information to be prevention strategies to reduce the the Hanford, Washington site. collected; and (d) ways to minimize the incidence of domestic violence. Avg. bur- No. of re- No. of re- den/re- Respondents spondents sponses/re- sponse (in spondent hours) Hospital Staff KABB SurveyÐCensus 1 and 6 month and year ...... 950 3 .17 Hospital Staff KABB SurveyÐTrainees Immediate Post-test ...... 250 1 .17 47392 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices Avg. bur- No. of re- No. of re- den/re- Respondents spondents sponses/re- sponse (in spondent hours) Volunteer Advocate KABB Survey ...... 30 4 .17 Womankind Client KABB Survey ...... 450 4 .25 Control Client KABB Survey ...... 200 4 .25 Hospital Staff Training Evaluation ...... 250 1 .08 Volunteer Advocate Training Evaluation ...... 30 6 .08 Hospital Staff Trainer Evaluation ...... 250 1 .08 Volunteer Trainer Evaluation ...... 30 6 .08 2. Symptom and Disease Prevalence revised to provide improved flow and health concerns requiring further Questionnaire and Supplemental respondent understanding. In these investigation or the may calm Modules (0923–0012)—Revised—A investigations, data on the prevalence of unsubstantiated fears concerning the three-year extension will be requested to a range of symptoms and diseases perceived health impact of a site. this information collection to continue suspected are collected. Much of the Although these studies are designed to to conduct health studies among information is specific to certain organ be site specific, the results of a number populations living near hazardous waste systems, suspected to be at risk based on of similar studies may be combined to sites and potentially exposed to the contaminants and pathways of provide ATSDR with some broader hazardous substances in order for exposure present at each site; thus, measure of the public health impact of ATSDR and our cooperative organ-specific questionnaires are used certain of these sites and conditions. investigators to evaluate the association in conjunction with the core Door-to-door canvassing will serve to between exposure to hazardous questionnaire for the corresponding census the areas; personal interviews substances and adverse health effects. organ systems identified for each site. will also be used for collecting The core questionnaire will be slightly The results may identify specific public information from the respondents. Avg. bur- No. of re- No. of re- den/re- Respondents spondents sponses/re- sponse (in spondent hours) Individuals Completing Core ...... 3500 1 .75 Individuals Completing Supplement ...... 3500 1 .25 3. A CLIA Comprehension Survey and accuracy of the knowledge base of rates of criminal behavior, better Information Program for Physicians— clinicians regarding the CLIA ’88 employment history, and more stable New—The purpose of this contract is to regulations as they relate to POLs, and families. enable the Centers for Disease Control to provide specific information and The study will be conducted at 10 and Prevention (CDC) to assess the training to practitioners based on this sites across the country. Each site will depth and accuracy of the knowledge assessment. enroll 32 children, randomly assigned to base of clinicians regarding the Clinical either the intervention or the Laboratory Improvement Amendments No. of Avg. of 1988 (CLIA ’88) regulations as they burden/ comparison arm of the study. Respond- No. of re- re- relate to physicians office laboratories ents respond- sponses/ sponse The purpose of the study is to gather (POLs), and to provide specific ents respond- data for studying delivery of community ent (in information and training to practitioners hours) intensive and comprehensive early based on this assessment. In 1990, CDC intervention models; benefit to the was designated by the Department of Laboratories 5250 1 .2 children enrolled and their families of Health and Human Services to assist in interventions, and the impact of benefits the implementation of CLIA ’88; this 4. Project BEGIN—New—Project on subgroups of children. BEGIN is a randomized controlled study project is a direct response to that Respondents will be the children and mandate. to evaluate the effectiveness of an early their parents recruited into both the Through contact with the laboratory intervention program for children from and physician communities, CDC has birth to three years of age. intervention and comparison arms of become aware of gaps in information The intervention consists of four the study. Standardized assessment and understanding about the CLIA ’88 components: home visits; attendance at instruments will be used to assess the regulations, especially as they relate to a child development center; parent developmental status of the children. In- physicians office laboratories. groups; and facilitation of access to a person interviews, mostly using Misconceptions regarding the CLIA ’88 comprehensive array of health and standard instruments, will be used to regulations in the community may be social services. The intervention collect data from parents. Data impeding successful implementation of program is hypothesized to promote collection will be on-going throughout the regulations and causing unnecessary optimal childhood development (e.g., the study. Data will be used in two and inappropriate responses in POL cognitive, behavioral, social) and family ways: to assess the effectiveness of the testing sites. Therefore, CDC is functioning, and result in better long- intervention; and to document and proposing a survey of practicing term social outcomes, including evaluate the quality of intervention physicians to assess the depth and improved school performance, lower delivery. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47393 Avg. Eligible Applicants Purpose No. of burden/ Respond- No. of re- re- Eligible applicants are non- The purpose of the HIV prevention respond- sponses/ conference support cooperative ents ents respond- sponse governmental, nonprofit and for-profit ent (in organizations. Thus, universities, agreement is to provide partial support hours) colleges, research institutions, hospitals, for non-Federal conferences or specified portions of non-Federal conferences to Children ...... 320 4 4 other public and private (e.g., national, Care Giver .. 640 1 1 regional) organizations, federally stimulate efforts to prevent the recognized Indian tribal governments, transmission of HIV. CDC will Dated: September 6, 1995. Indian tribes or Indian tribal collaborate on conferences that Joseph R. Carter, organizations, and small, minority- or specifically focus on preventing HIV transmission. Because conference Acting Associate Director for Management women-owned businesses are eligible and Operations, Centers for Disease Control for these cooperative agreements. support by CDC creates the appearance and Prevention (CDC). Current recipients of CDC HIV funding of CDC co-sponsorship, CDC will [FR Doc. 95–22565 Filed 9–11–95; 8:45 am] must provide the award number and actively participate in the development and approval of those portions of the BILLING CODE 4163±18±P title of the program (see the Section ‘‘Program Requirements, C. Letter of agenda supported by CDC funds. Intent’’). Contingency awards will be made [Announcement 602] allowing usage of only 25% of the total Availability of Funds amount to be awarded until a final full Public Health Conference Support Up to $250,000 may be available in agenda is approved by CDC. This will Cooperative Agreement Program for FY 1996 to fund approximately 10 to 15 provide funds for costs associated with Human Immunodeficiency Virus (HIV) awards. The awards will average preparation of the agenda. The Prevention $20,000 and will be funded for a 12- remainder of funds will be released only upon acceptance of the final full agenda. Introduction month budget and project period. The funding estimate may vary and is CDC reserves the right to terminate co- The Centers for Disease Control and subject to change, based on availability sponsorship if it does not approve the Prevention (CDC) announces the of funds. Awards will initially be made final agenda. availability of fiscal year (FY) 1996 on a contingency basis as described in Program Requirements funds for the Public Health Conference the Purpose section. Support Cooperative Agreement The following are examples of the CDC will provide support for Program for Human Immunodeficiency most frequently encountered costs that conferences that are: Virus (HIV) Prevention. The Public may or may not be charged to the 1. Regional (more than one State), Health Service (PHS) is committed to cooperative agreement: national, or international in scope; 2. Targeted to professionals achieving the health promotion and 1. As approved, CDC funds may be contributing to HIV prevention efforts; disease prevention objectives of Healthy used for direct cost expenditures: and People 2000, a PHS-led national activity salaries, speaker fees, rental of 3. Focused on the transfer of HIV to reduce morbidity and mortality and conference related equipment, prevention research and evaluation improve the quality of life. This registration fees, and transportation cost findings to intervention efforts or the announcement is related to the priority (not to exceed economy class fares) for application of these prevention efforts to area of HIV Infection. (To order a copy non-Federal employees. of ‘‘Healthy People 2000’’ or CDC’s service providers and health 2. CDC funds may not be used for the ‘‘Strategic Plan for Preventing Human professionals who provide service to purchase of equipment, payments of Immunodeficiency Virus (HIV) individuals whose behaviors place them honoraria, organizational dues, Infection’’ (July 8, 1992), see the Section at increased risk for HIV infection. entertainment or personal expenses, ‘‘Where to Obtain Additional Topics concerned with issues and cost of travel and payment of a full-time Information.’’) areas other than HIV prevention should Federal employee, or per diem or be directed to other public health Authority expenses, other than mileage, for local agencies or in accordance with current This program is authorized under participants. Federal Register Notices (see Federal sections 301 (42 U.S.C. 241) and 310 (42 3. CDC funds may not be used for Register Notice 600, April 20, 1995, 60 ′U.S.C. 242n) of the Public Health reimbursement of indirect costs. FR 19750). Service Act, as amended. Applicable 4. Although the practice of handing The activities related to the program regulations are found in 42 out novelty items at meetings is often development of HIV prevention CFR part 52—Grants for Research employed in the private sector to conferences require substantial CDC Projects. provide participants with souvenirs, collaboration and involvement. In Federal funds may not be used for this conducting activities to achieve the Smoke-Free Workplace purpose. purpose of the program, the recipient The Public Health Service strongly 5. CDC funds may be used for only shall be responsible for conducting encourages all grant recipients to those parts of the conference activities listed in section A., and CDC provide a smoke-free workplace and specifically supported by CDC as will be responsible for conducting promote the non-use of all tobacco documented in the Notice of activities listed in section B.: products, and Pub. L. 103–227, the Pro- Cooperative Agreement (award Children Act of 1994, prohibits smoking document). A. Recipient Activities in certain facilities that receive Federal 1. Manage all activities related to Recipient Financial Participation funds in which education, library, day program content (e.g., objectives, topics, care, health care, and early childhood Part of the cost of the proposed participants, session design, workshops, development services are provided to conference must be funded by other special exhibits, speakers, fees, agenda children. than CDC funds. composition, and printing). Many of 47394 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices these items may be developed in concert of Special Interest, the date of the Evaluation Criteria with assigned CDC project personnel. proposed conference, and the intended LOIs will be reviewed by CDC 2. Provide draft copies of the agenda audience (number and description). No program staff for consistency with and proposed ancillary activities to the attachments, booklets, or other CDC’s HIV prevention goals and CDC program office for review and documents accompanying the LOI will priorities and the purposes of this comment. Submit a copy of the final be considered. The letter should also program. An invitation to submit an agenda and proposed ancillary activities include the estimated total cost of the application will be made on the basis of to the CDC Grants Management Office conference and the percentage of the the proposed conference’s relationship for acceptance. total cost (which must be less than to the CDC determined topics of special 3. Determine and manage all 100%) being requested from CDC. interest, the timing of the meeting or promotional activities (e.g., title, logo, Current recipients of CDC HIV funding conference that would allow for CDC announcements, mailers, press). CDC must provide the award number and input, and the availability of funds. must review and approve the use of any title of the funded programs. LOIs will Applications will be reviewed and materials with reference to CDC be reviewed by CDC program staff, and evaluated according to the following involvement or support. an invitation to submit an application criteria. 4. Manage all registration processes will be made based on the proposed (Total points available is 100). with participants, invitees, and conference’s relationship to the CDC registrants (e.g., travel, reservations, topics of special interest and the A. Proposed Program and Technical correspondence, conference materials availability of funds. An invitation to Approach: (50 Points) and hand-outs, badges, registration submit an application does not Evaluation will be based on: procedures). constitute a commitment by CDC to 1. The applicant’s description of the 5. Plan, negotiate, and manage fund the applicant. proposed conference as it relates to HIV conference site arrangements, including D. Topics of Special Interest prevention and education, including the all audiovisual needs. public health need of the proposed 6. Develop and conduct education Funding preferences are established conference and the degree to which the and training programs on HIV to ensure a balance of CDC HIV conference can be expected to influence prevention. prevention funding and to address at- public health practices, and the extent 7. Collaborate with CDC staff in risk populations that are underserved. of the applicant’s collaboration with reporting and disseminating results and CDC is especially interested in other agencies serving the intended relevant HIV prevention education and supporting meetings and conferences for audience, including local health and training information to appropriate HIV prevention service providers on the education agencies concerned with HIV Federal, State, and local agencies, following topics: prevention. health-care providers, HIV/AIDS 1. Prevention of HIV infection among: 2. The applicant’s description of prevention and service organizations, conference objectives in terms of and the general public. a. Underserved populations (e.g., women of reproductive age, racial and quality, specificity and the feasibility of B. CDC Activities ethnic minorities); the conference based on the operational plan, and the extent to which evaluation 1. Provide technical assistance b. High-risk populations, including mechanisms for the conference through telephone calls, both in-school and out-of-school youth; adequately assess increased knowledge, correspondence, and site visits in the or attitudes, and behaviors of the target areas of program agenda development, c. Populations in special settings (e.g., participants. implementation, and priority setting racial and ethnic minorities; out-of- 3. The relevance and effectiveness of related to the cooperative agreement. school, high-risk youth; incarcerated the proposed agenda in addressing the 2. Provide scientific collaboration for persons; men who have sex with men; chosen HIV prevention/education topic. appropriate aspects of the program, high-risk drug users; and migrant 4. The degree to which conference including selection of speakers, workers). Particular attention will be activities proposed for CDC funding pertinent scientific information on risk given to organizations that serve strictly adhere to the prevention of HIV factors for HIV infection, preventive multiple high-risk populations. transmission. measures, and program strategies for the 2. Development of HIV prevention prevention of HIV infection. strategies with a broad range of B. Applicant Capability (25 Points) 3. Review draft agendas and approve community partners including those Evaluation will be based on: the final agenda and proposed activities who have not traditionally been 1. The adequacy and commitment of prior to release of restricted funds. involved with public health programs institutional resources to administer the 4. Assist in the reporting and (e.g., business, religious leaders). program. dissemination of research results and 3. Development of prevention 2. The adequacy of existing and relevant HIV prevention education and marketing strategies, including various proposed facilities and resources for training information to appropriate behavior modification messages related conducting conference activities. Federal, State, and local agencies, to sex practices (e.g., abstinence, 3. The degree to which the applicant health-care providers, the scientific condom use). has established and used critical community, and HIV/AIDS prevention linkages with health and education and service organizations, and the Note: To provide for adequate time to agencies with the mandate for HIV general public. collaborate on the meeting agenda and prevention. Letters of support from such content, applicants should allow a minimum agencies should be obtained to C. Letter of Intent of 3 months from the scheduled application due date to the planned date of the demonstrate the linkages specific to the Respondents must submit a one-page, conference. (See the Section Letter of Intent conference. typewritten letter of intent (LOI) that and Application Submission and Deadlines.) C. Qualifications of Program Personnel: briefly describes the title, location, and Meetings scheduled to begin earlier than purpose of the meeting, its relationship March 15, 1996, will not be routinely (25 Points) to the following described CDC Topics considered for funding. Evaluation will be based on: Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47395 1. The qualifications, experience, and Letter of Intent and Application assistance may be obtained from Mr. commitment of the principal staff Submission and Deadlines Kevin Moore, Grants Management person, and his/her ability to devote The original and two copies of the Specialist, Grants Management Branch, adequate time and effort to provide LOI must be postmarked by the October Procurement and Grants Office, Centers effective leadership. 13, 1995, deadline date to be for Disease Control and Prevention 2. The competence of associate staff considered. Within four weeks, (CDC), 255 East Paces Ferry Road, NE., persons, discussion leaders, and successful respondents will receive a Room 320, Atlanta, GA 30305, speakers to accomplish conference written request to submit an application telephone (404) 842–6550. objectives. for funding; unsuccessful respondents Programmatic technical assistance may 3. The degree to which the will be also be notified in writing. A be obtained from Ms. Linda LaChanse, application demonstrates that key request to submit an application does Program Analyst, Training and personnel have knowledge about the not constitute a commitment to fund the Technical Services Support Branch, transmission of HIV, and current applicant. Division of HIV/AIDS Prevention, nationwide information and education The original and two copies of the National Center for HIV/STD/TB efforts that may affect, and be affected application must be submitted on PHS Prevention, Centers for Disease Control by, the proposed conference. Form 5161–1 (OMB Number 0937–0189) and Prevention (CDC), 1600 Clifton D. Budget Justification and Adequacy of by December 22, 1995. The earliest Road, NE., Mailstop E–40, Atlanta, GA Facilities: (Not Scored) possible award date is February 16, 30333, telephone (404) 639–2918. Please refer to Announcement Number 602 The proposed budget will be 1996, and the earliest possible conference date is March 15, 1996. when requesting information and when evaluated on the basis of its submitting your application in response reasonableness, concise and clear Applications must be postmarked on or before the deadline date and sent to to the announcement. justification, consistency with the Respondents may obtain a copy of Clara M. Jenkins, Grants Management intended use of cooperative agreement Healthy People 2000 (Full Report, Stock Officer, Grants Management Branch, funds, and the extent to which the No. 017–001–00474–0) or Healthy Procurement and Grants Office (Ann. applicant documents financial support People 2000 (Summary Report, Stock #602), Centers for Disease Control and from other sources. No. 017–001–00473–1) through the Prevention (CDC), MS E–15, 255 East Superintendent of Documents, Executive Order 12372 Review Paces Ferry Road, NE., Room 320, Government Printing Office, Atlanta, GA 30305. This program is not subject to the Washington, DC 20402–9325, telephone Executive Order 12372 review. Deadlines (202) 512–1800. Single copies of CDC’s Public Health System Reporting The Letter of Intent and requested Strategic Plan for Preventing Human Requirements applications shall be considered as Immunodeficiency Virus (HIV) Infection (July 8, 1992) can be obtained by calling This program is not subject to the meeting the applicable deadline if they are either: the CDC National AIDS Clearinghouse at Public Health System Reporting (800) 458–5231. Requirements. A. Received on or before the deadline date, or Dated: September 5, 1995. Catalog of Federal Domestic Assistance B. Postmarked on or before the Joseph R. Carter, The Catalog of Federal Domestic deadline date (respondents should Acting Associate Director for Management Assistance number is 93.118, Acquired request a legibly dated U.S. Postal and Operations, Centers for Disease Control Immunodeficiency Syndrome (AIDS) Service postmark or obtain a legibly and Prevention (CDC). activities. dated receipt from a commercial carrier [FR Doc. 95–22588 Filed 9–11–95; 8:45 am] or the U.S. Postal Service. Private BILLING CODE 4163±18±P Other Requirements metered postmarks will not be Recipients must comply with the acceptable as proof of timely mailing.) document entitled Content of HIV/ Advisory Council for the Elimination of AIDS-Related Written Materials, Where To Obtain Additional Tuberculosis: Meeting Pictorials, Audiovisuals, Information In accordance with section 10(a)(2) of Questionnaires, Survey Instruments, To receive additional written the Federal Advisory Committee Act and Educational Sessions in Centers for information, call (404) 332–4561. You (Pub. L. 92–463), the Centers for Disease Disease Control Assistance Programs will be asked to leave your name, Control and Prevention (CDC) (June 1992) (a copy is in the application address, and phone number, and will announces the following council kit). To meet the requirements for a need to refer to Announcement Number meeting. Program Review Panel, recipients are 602. You will receive a copy of the encouraged to use an existing Program program announcement, a list of the Name: Advisory Council for the Review Panel such as the one created by relevant Healthy People 2000 HIV Elimination of Tuberculosis (ACET). Times and Dates: 8:30 a.m.–5:30 p.m., the State health department’s HIV/AIDS objectives, and the addresses and phone September 28, 1995; 8:30 a.m.–1:30 p.m., prevention program. If the recipient numbers for CDC contact personnel. The September 29, 1995. forms its own Program Review Panel, at announcement is also available through Place: Corporate Square Office Park, least one member must also be an the CDC homepage on the Internet. The Corporate Square Boulevard, Building 11, employee (or a designated address for the CDC homepage is http:/ Room 1413, Atlanta, GA 30329. representative) of an appropriate health /www.cdc.gov. CDC will not send Status: Open to the public, limited only by or educational agency, consistent with application kits by facsimile or express the space available. the revised Content Guidelines. The mail unless the cost for the latter is paid Purpose: This council advises and makes recommendations to the Secretary of Health names of review panel members must be by the addressee. and Human Services, the Assistant Secretary listed on the Assurance of Compliance If you have questions after reviewing for Health, and the Director, CDC, regarding form (CDC Form 0.1113) which is also the contents of all the documents, the elimination of tuberculosis. Specifically, included in the application kit. business management technical the Council makes recommendations 47396 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices regarding policies, strategies, objectives, and professional organizations to be briefed effects of a proposal as required by the priorities; address the development and by senior FDA staff, and to provide an National Environmental Policy Act of application of new technologies; and reviews opportunity for informal discussion and 1969, is being revised to provide factual the extent to which progress has been made comment on topics of particular interest data to support the response to each toward eliminating tuberculosis. to health professional organizations. Matters To Be Discussed: Tuberculosis in question and to leave no doubt about foreign-born persons; ACET Strategic Plan to Dated: September 5, 1995. what conditions or adverse effects are Eliminate Tuberculosis Progress Report; William B. Schultz, being considered as well as to make it future priorities and direction for ACET; Deputy Commissioner for Policy. more user friendly. Respondents: State, updates on funding issues, health-care Local or Tribal Government, Not-for- [FR Doc. 95–22514 Filed 09–11–95; 8:45 am] workers safety and infection control, TB profit institutions; Annual Number of vaccine workshop, updates from the National BILLING CODE 4160±01±F Respondent: 114; Number of Responses TB Controller’s Association, DTBE strategic per Respondent: 1; Average Burden per plan for training, FDA regulations related to Response: 200 hours; Estimated Annual TB, and ACET statements in progress. Public Health Service Agenda items are subject to change as Burden: 22,800 hours. Send comments priorities dictate. Proposed Data Collections Available to Kathryn Lotfi, Office of General Contact Pserson for More Information: for Public Comment and Counsel, Room 4A-53, Parklawn Samuel W. Dooley, Jr., M.D., Acting Recommendations Building, 5600 Fishers Lane, Rockville, Associate Director for Science, National MD 20857. Written comments should be Center for Prevention Services, CDC, and In compliance with the requirement received within 60 days of this notice. Acting Executive Secretary, ACET, 1600 of Section 3506(c)(2)(A) of the Clifton Road, NE, M/S E–07, Atlanta, GA Paperwork Reduction Act of 1995 for Dated: September 6, 1995. 30333, telephone 404/639–8006. opportunity for public comment on James Scanlon, Dated: September 6, 1995. proposed data collection project, the Director, Data Policy Staff Office of the Carolyn J. Russell, Office of the Assistant Secretary for Assistant Secretary for Health and PHS, Reports Clearance Officer. Director, Management Analysis and Services Health publishes periodic summaries of Office Centers for Disease Control and proposed projects. To request more [FR Doc. 95–22593 Filed 9–11–95; 8:45 am] Prevention (CDC). information on the proposed project or BILLING CODE 4160±01±M [FR Doc. 95–22562 Filed 9–11–95; 8:45 am] to obtain a copy of the data collection BILLING CODE 4163±18±M plans and instruments, call Kathryn Lotfi on (301) 443-2006. DEPARTMENT OF THE INTERIOR Comments are invited on: (a) whether Food and Drug Administration the proposed collection of information Bureau of Land Management is necessary for the proper performance Representatives of Health Professional of the functions of the agency, including [NV 930±1430±01; N±59940] Organizations; Notice of Open Meeting whether the information shall have Temporary Closure; Las Vegas District practical utility; (b) the accuracy of the AGENCY: Food and Drug Administration, agency’s estimate of the burden of the SUMMARY: The Las Vegas Stateline HHS. proposed collection of information; (c) Resource Area within the Las Vegas ACTION: Notice. ways to enhance the quality, utility, and District will issue a temporary closure of clarity of the information to be SUMMARY: The Food and Drug certain public lands for the protection of Administration (FDA) is announcing a collected; and (d) ways to minimize the person, property, and public lands and meeting with health professional burden of the collection of information resources for the purpose of a BLM organizations. The meeting will be on respondents, including through the permitted recreational event, ‘‘Planet chaired by Sharon Smith Holston, use of automated collection techniques Move’’. Legal description: Deputy Commissioner for External or other forms of information Affairs. The agenda will include brief technology. Mount Diablo Meridian presentations and discussions on the Proposed Project T. 25 S., R. 60 E., 1 process for submitting nominees for Sec. 9: SW ⁄4 Application Packets for Real Property Approximately 160 acres (Jean Dry Lake). advisory committees, communicating for Public Health Purposes—0937– with FDA, and other topics of particular 0191—Revision—The Department of DATE: September 28, 1995 through interest to members of health Health and Human Service administers October 2, 1995. professional organizations. a program to convey or lease surplus TIME: Continuous through stated dates. DATES: The meeting will be held on real property to States and their political A map of the affected lands will be Monday, October 2, 1995, 2 p.m. to 4 subdivisions and instrumentalities, to available for inspection at the Las Vegas p.m. tax-supported institutions, and to District Office. The following are ADDRESSES: The meeting will be held at nonprofit institutions to be used for exceptions to the closure: the Hubert H. Humphrey Bldg., health purposes. State and local • Authorized personnel required for conference room 503A, 200 governments and non-profit the event, i.e., construction crews, Independence Ave. SW., Washington, organizations use these applications to caterers, entertainers, security officers, DC 20201. apply for excess/surplus, under- etc. FOR FURTHER INFORMATION CONTACT: utilized/unutilized and off-site • Attendees who have paid the Peter H. Rheinstein, Office of Health Government real property. Information required admission fee. Affairs (HFY–40), Food and Drug in the application is used to determine Violation of this closure is punishable Administration, 5600 Fishers Lane, eligibility to purchase, lease, or use by a fine not to exceed $1,000 and/or Rockville, MD 20857, 301–443–5470. property under the provisions of the imprisonment not to exceed 12 months. SUPPLEMENTARY INFORMATION: The surplus property program. The Authority for temporary closure is purpose of the meeting is to provide an Environmental information form, used contained in Title 43 CFR, subpart opportunity for representatives of health to evaluate potential environmental 8364.1(a). Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47397 Dated: August 18, 1995. 2. All lands administered by the protection of the human, marine, and Michael F. Dwyer, Bureau of Land Management in Sections coastal environments; conservation of District Manager. 15, 16, and 17, T. 6S., R. 2E., W.M. the natural resources in the Outer [FR Doc. 95–22520 Filed 9–11–95; 8:45 am] The authority for this closure is 43 Continental Shelf (OCS); prevention of BILLING CODE 4310±HC±P CFR 8364. This closure will remain in waste; and protection of correlative effect until further notice. rights with respect to oil, gas, and FOR FURTHER INFORMATION CONTACT: sulphur operations in the OCS. [OR±080±083±6332±02; G5±211] Richard Prather, Area Manager, Bureau form number: Form MMS– Amendment to Camping Restriction Cascades Resource Area, 1717 Fabry 123. Order Established; Salem District; OR Road SE, Salem, OR 97306, (503) 375– Frequency: On occasion. 5646. Description of respondents: OCS oil, ACTION: Ammendment to the Overnight SUPPLEMENTARY INFORMATION: The gas, and sulphur lessees. Camping Restriction Order Established purpose of these closures is to protect Annual burden hours: 1,555. for the Salem District, published in the soil, vegetation and sensitive cultural, Bureau Clearance Officer: Arthur June 8, 1984, edition of the Federal paleontological, and riparian resources, Quintana (703) 787–1239. Register (49 FR 23950). from excessive damage by motor Henry G. Bartholomew, vehicles. SUMMARY: The Overnight Camping Deputy Associate Director for Operations and Restriction Order Established for the Pete Schay, Safety Management. Salem District, published in the June 8, [FR Doc. 95–22526 Filed 9–11–95; 8:45 am] Acting Area Manager, Cascades Resource BILLING CODE 4310±MR±M 1984, edition of the Federal Register (49 Area. FR 23950) is hereby amended as follows: [FR Doc. 95–22320 Filed 9–11–95; 8:45 am] 1. Maximum days of continuous BILLING CODE 4310±33±P Information Collection Submitted to occupancy for Yellowbottom Recreation the Office of Management and Budget Site will now be 14 days. (OMB) for Review Under the Paperwork 2. Delete the Quartville Recreation Reduction Act Corridor from the Recreation site/area Minerals Management Service The proposal for the collection of list. The Quartzville Recreation Corridor Information Collection Submitted to information listed below has been will now be managed in accordance the Office of Management and Budget submitted to OMB for approval under with the 14-day camping stay limit for (OMB) for Review Under the Paperwork the provisions of the Paperwork BLM-administered lands in the Salem Reduction Act Reduction Act (44 U.S.C. Chapter 35). District, published in the September 27, Copies of the proposed collections of 1991, edition of the Federal Register (56 The proposal for the collection of information and related forms may be FR 49199). information listed below has been obtained by contacting the Bureau’s submitted to OMB for approval under EFFECTIVE DATE: Effective upon Clearance Officer at the telephone the provisions of the Paperwork publication of this notice. number listed below. Comments and Reduction Act (44 U.S.C. Chapter 35). FOR FURTHER INFORMATION CONTACT: suggestions on the proposal should be Copies of the proposed collections of Richard Prather, Area Manager, made directly to the Bureau Clearance information and related forms may be Cascades Resource Area, 1717 Fabry Officer and to the Office of Management obtained by contacting the Bureau’s Road SE, Salem, OR 97306, (503) 375– and Budget; Paperwork Reduction Clearance Officer at the telephone 5646. Project (1010–0068); Washington, D.C. number listed below. Comments and Pete Schay, 20503, telephone (202) 395–7340, with suggestions on the proposal should be Acting Area Manager, Cascades Resource copies to Chief, Engineering and made directly to the Bureau Clearance Area. Standards Branch; Mail Stop 4700; Officer and to the Office of Management [FR Doc. 95–22322 Filed 9–11–95; 8:45 am] Minerals Management Service; 381 and Budget; Paperwork Reduction BILLING CODE 4310±33±P Elden Street; Herndon, Virginia 22070– Project (1010–0044); Washington, D.C. 4817. 20503, telephone (202) 395–7340, with copies to Chief, Engineering and Title: 30 CFR Part 250, Subpart M, DEPARTMENT OF INTERIOR Standards Branch; Mail Stop 4700; Unitization. OMB approval number: 1010–0068. Bureau of Land Management Minerals Management Service; 381 Elden Street; Herndon, Virginia 22070– Abstract: Respondents are required to [OR±080±083±6332±02; G5±210] 4817. obtain approval from the Minerals Title: Application for Permit to Drill, Management Service’s Regional Motorized Vehicle Restriction on Form MMS–123. Supervisors when they enter into an Public Lands; Salem District; OR OMB approval number: 1010–0044. agreement to unitize operations under two or more leases. Any proposed ACTION: Notice of restriction of use of Abstract: Respondents submit Form modifications to the agreement must motorized vehicles on public lands. MMS–123 to the Minerals Management Service’s (MMS) District Supervisors to also be approved by the Regional SUMMARY: Notice is hereby given that be evaluated and approved or Supervisor. This information is effective immediately, that unless disapproved for the adequacy of the necessary to ensure that operations otherwise authorized, all public equipment, materials, and/or under the proposed unit agreement will motorized vehicle travel is prohibited procedures which the lessee plans to result in the prevention of waste, on the following areas: use to safely perform drilling, well- conservation of natural resources, and 1. The last 0.25 mile of Road 9–1E– completion, well-workover, and well- protection of correlative rights including 12, east of where it intersects with Road abandonment operations. the Government’s interest. 8–1E–26 in Section 5, of T. 8S., R. 2E., This form is necessary to enable MMS Bureau form number: None. W.M. to ensure safety of operations; Frequency: On occasion. 47398 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices Description of respondents: Federal Information Collection Submitted to submitted to OMB for approval under Outer Continental Shelf oil and gas the Office of Management and Budget the provisions of the Paperwork lessees. (OMB) for Review Under the Paperwork Reduction Act (44 U.S.C. Chapter 35). Annual burden hours: 2,424. Reduction Act Copies of the proposed collections of Bureau Clearance Officer: Arthur information and related forms may be The proposal for the collection of Quintana (703) 787–1239. obtained by contracting the Bureau’s information listed below has been Dated: August 9, 1995. Clearance Officer at the telephone submitted to OMB for approval under number listed below. Comments and Henry G. Bartholomew, the provisions of the Paperwork suggestions on the proposal should be Deputy Associate Director for Operations and Reduction Act (44 U.S.C. Chapter 35). made directly to the Bureau Clearance Safety Management. Copies of the proposed collections of Officer and to the Office of Management information and related forms may be [FR Doc. 95–22525 Filed 9–11–95; 8:45 am] and Budget; Paperwork Reduction obtained by contacting the Bureau’s BILLING CODE 4310±MR±M Project (1010–0079); Washington, D.C. Clearance Officer at the telephone 20503, telephone (202) 395–7340, with number listed below. Comments and copies of Chief, Engineering and Information Collection Submitted to suggestions on the proposal should be Standards Branch; Mail Stop 4700; the Office of Management and Budget made directly to the Bureau Clearance Minerals Management Service; 381 (OMB) for Review Under the Paperwork Officer and to the Office of Management Elden Street; Herndon, Virginia 22070– Reduction Act and budget; Paperwork Reduction 4817. Project (1010–0045); Washington, DC The proposal for the collection of 20503, telephone (202) 395–7340, with Title: 30 CFR Part 250, Subpart G, information listed below has been copies to Chief, Engineering and Abandonment of Wells. submitted to OMB for approval under Standards Branch; Mail Stop 4700; OMB approval number: 1010–0079. the provisions of the Paperwork Minerals Management Service; 381 Abstract: Respondents submit this Reduction Act (44 U.S.C. Chapter 35). Elden Street; Herndon, VA 22070–4817. information to the Minerals Copies of the proposed collections of Title: Sundry Notices and Reports on Management Service so it can verify that information and related forms may be Wells, Form MMS–124. the final disposition of a well is being obtained by contacting the Bureau’s OMB approval number: 1010–0045. diligently pursued and that any Clearance Officer at the telephone Abstract: Respondents submit Form deviations from the approved plan and number listed below. Comments and MMS–124 to the Minerals Management the documentation of the temporary suggestions on the proposal should be Service’s (MMS) District. plugging of the wellbore and marking of made directly to the Bureau Clearance Supervisors to be evaluated and the location have been performed by the Officer and to the Office of Management approved or disapproved for the lessee operator. and Budget; Paperwork Reduction adequacy of the equipment, materials, Bureau form number: None. Project (1010–0039); Washington, D.C. and/or procedures which the lessee Frequency: Annual. 20503, telephone (202) 395–7340, with plans to use to safely perform drilling, Description of respondents: Federal copies to Chief, Engineering and well-completion, well-workover, and Outer Continental Shelf oil and gas Standards Branch; Mail Stop 4700; well-abandonment operations. lessees. Minerals Management Service; 381 This form is necessary to enable MMS Annual burden hours: 213. Elden Street; Herndon, Virginia 22070– to ensure safety of operations, Bureau Clearance Officer: Arthur 4817. protection of the human, marine, and Quintana (703) 787–1239. coastal environments, conservation of Title: Well Potential Test Report and Dated: August 9, 1995. Request for Maximum Production Rate the natural resources in the OCS, Henry G. Bartholomew, (MPR), Form MMS–126. prevention of waste, and protection of Deputy Associate Director for Operations and OMB approval number: 1010–0039. correlative rights with respect to oil, gas, and sulphur operations in the OCS. Safety Management. Abstract: Respondents submit Form Bureau form number: Form MMS– [FR Doc. 95–22524 Filed 9–11–95; 8:45 am] MMS–126 to the Minerals Management 124. BILLING CODE 4310±MR±M Service’s (MMS) Regional Supervisors Frequency: On occasion. for the purposes of establishing well Description of respondents: Outer maximum production rates (MPR). This Continental Shelf oil, gas, and sulphur Fish and Wildlife Service information is used to establish the lessees. maximum daily rate at which oil and Annual burden hours: 8,820. Availability of a Draft Recovery Plan gas may be produced from a specific Bureau Clearance Officer: Arthur for the Aquatic and Riparian Species of well completion. Quintana, (703) 787–1239. Pahranagat Valley for Review and Bureau form number: Form MMS– Dated: August 9, 1995. Comment 126. Henry G. Bartholomew, Frequency: On occasion. AGENCY: Fish and Wildlife Service, Deputy Associate Director for Operations and Interior. Description of respondents: Outer Safety Management. ACTION: Continental Shelf oil and gas lessees. [FR Doc. 95–22523 Filed 9–11–95; 8:45 am] Notice of document availability. Annual burden hours: 3,727. BILLING CODE 4310±MR±M Bureau Clearance Officer: Arthur SUMMARY: The U.S. Fish and Wildlife Quintana, (703) 787–1239. Service (Service) announces the availability for public review of a draft Information Collection Submitted to Dated: August 3, 1995. recovery plan for the aquatic and the Office of Management and Budget Henry G. Bartholomew, riparian species of Pahranagat Valley. (OMB) for Review Under the Paperwork Deputy Associate Director for Operations and Reduction Act This plan undertakes an ecosystem Safety Management. approach by discussing the recovery [FR Doc. 95–22522 Filed 9–11–95; 8:45 am] The proposal for the collection of needs of three native, endangered fish BILLING CODE 4310±MR±M information listed below has been species. The Service solicits review and Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47399 comment from the public on this draft comments into account in the course of million U.S. Dollars (US$25,000,000). plan. implementing approved recovery plans. The name and address of the Borrower’s DATES: Comments on the draft recovery Three native, endangered fish species representatives to be contacted by plan must be received on or before are endemic to the Pahranagat Valley in interested U.S. lenders or investment November 13, 1995 to receive Lincoln County, Nevada. The bankers, the amount of the loan and consideration by the Service. Pahranagat roundtail chub is found in project number are indicated below: only 12 km of the Pahranagat River. The ADDRESSES: Persons wishing to review Government of Indonesia the draft recovery plan may obtain a White River springfish is found only in copy by contacting the State Supervisor, the spring pool of Ash Spring. The Hiko Project No: 497–HG–002—Amount: Nevada Ecological Services State Office, White River springfish is found in the US$25,000,000 U.S. Fish and Wildlife Service, 4600 spring pools of Hiko and Crystal Housing Guaranty Loan Nos.: 497–HG– Kietzke Lane, Building C–125, Reno, Springs. Populations of Pahranagat 007 A01, 497–HG–008 A01 Nevada, 89502 (telephone: 702–784– roundtail chub vary between 150 to 250 1. Attention: Mr. Darsjah, Director 5227), or the Assistant Regional adult fish. The White River springfish General of Budget Ministry of Finance, Director, Ecological Services, U.S. Fish population is stable with approximately Jalan Lapangan Banten Timur No. 2, and Wildlife Service, Eastside Federal 7000 fish. The Hiko White River Jakarta, Indonesia; Telex No.: 45799 Complex, 911 NE 11th Avenue, springfish population is critically low DJMLNIA or Telefax No.: 011–(62–21)– Portland, Oregon, 97232–4181 (<35) in Crystal Spring and more 365859 or 374530 (preferred (telephone: 503–231–6241). Written common (approximately 5500 fish) in communication); Telephone Nos.: 011– comments and materials regarding the Hiko Spring. The principle causes of (62–21)–3458289, 372758 or 3842234 or plan should be addressed to Mr. David decline for these species are habitat 3848294. L. Harlow, State Supervisor, at the modification and nonnative fish 2. Attention: Mr. Paul Sutopo, Bank of above Reno, Nevada address. Comments introductions. Critical habitat has been Indonesia, Jalan M.H. Thamrin No. 2, and materials received are available on designated for the two subspecies of Jakarta, Indonesia; Telex No.: 44200 request for public inspection, by springfish. Ninety-five percent of the BISIR IA or 46611 BISIR IA; Telefax No.: appointment, during normal business habitats occupied by these species are 011–(62–21)–3452892 (preferred hours at the above Reno, Nevada on private lands. Recovery of this communication); Telephone No.: 011– address. species will require removal and/or (62–21)–367972. control of nonnative fishes, restoration FOR FURTHER INFORMATION CONTACT: Ms. 3. Attention: Mr. Ibrahim Zarkasi, and protection of occupied habitats, and Stephanie Byers at the above Reno, Bank of Indonesia, One World Financial protection of ground water sources. Nevada address (telephone: 702–784– Center, 200 Liberty Street, 6th Floor, 5227). Public Comments Solicited New York, N.Y. 10281, Telefax No.: 212/945–1316 (preferred SUPPLEMENTARY INFORMATION: The Service solicits written comments on the recovery plan described. All communication); Telephone Nos.: 212/ Background comments received by the date specified 945–1310 or 1311. Restoring endangered or threatened will be considered prior to approval of Interested lenders should contact the animals and plants to the point where the plan. Borrower as soon as possible and they are again secure, self-sustaining indicate their interest in providing members of their ecosystems is a Authority financing for the Housing Guaranty primary goal of the U.S. Fish and The authority for this action is section Program. Interested lenders should Wildlife Service’s (Service) endangered 4(f) of the Endangered Species Act, 16 submit their bids to the Borrower’s species program. To help guide the U.S.C. 1533(f). representatives by Tuesday, September 26, 1995, 12:00 noon Eastern Daylight recovery effort, the Service is working to Dated: September 1, 1995. prepare recovery plans for most of the Savings Time. Michael J. Spear, Bids should be open for a period of listed species native to the United Regional Director. States. Recovery plans describe actions 48 hours from the bid closing date. [FR Doc. 95–22587 Filed 9–11–95; 8:45 am] considered necessary for the Copies of all bids should be conservation of the species, establish BILLING CODE 4310±55±P simultaneously sent to the following: criteria for reclassification or delisting, Mr. Joel Kolker, Acting Director, and estimate time and cost for Regional Housing and Urban implementing the recovery measures AGENCY FOR INTERNATIONAL Development Office, USAID/Jakarta, needed. DEVELOPMENT Box 4, APO AP 96520, c/o American The Endangered Species Act of 1973 Housing Guaranty Program; Notice of Embassy, Jakarta, Indonesia, (Street (Act), as amended (16 U.S.C. 1531 et Investment Opportunity address: J1 Medan Merdeka Selatan seq.) requires the development of No. 5, Jakarta, Indonesia); Telex No.: recovery plans for listed species unless The U.S. Agency for International 44218 AMEMB IA; Telefax No.: 011– such a plan would not promote the Development (USAID) has authorized (62–21)–380–6694 (preferred conservation of a particular species. the guaranty of loans to the Republic of communication); Telephone No.: 011– Section 4(f) of the Act, as amended in Indonesia (‘‘Borrower’’) as part of (62–21)–360–360 1988, requires that public notice and an USAID’s development assistance Mr. Charles Billand, Assistant Director; opportunity for public review and program. The proceeds of this loan will Mr. Peter Prinie, Financial Advisor; comment be provided during recovery be used to facilitate the delivery of Address: U.S. Agency for plan development. The Service will urban environmental infrastructure for International Development, Office of consider all information presented the benefit of low-income families in Environment and Urban Programs, G/ during a public comment period prior to Indonesia. At this time, the Government ENV/UP, Room 409, SA–18, approval of each new or revised of Indonesia has authorized USAID to Washington, D.C. 20523–1822; Telex recovery plan. The Service and other request proposals from eligible lenders No.: 892703 AID WSA; Telefax Nos.: Federal agencies will also take these for a loan under this program of $25 703/875–4384 or 875–4639 (preferred 47400 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices communication); Telephone Nos.: guaranty will be backed by the full faith FOR FURTHER INFORMATION CONTACT: Lars 703/875–4300 or 875–4510 and credit of the United States of Etzkorn, Telephone: (202) 927–6010, For your information the Borrower is America and will be issued pursuant to TDD: (202) 927–5721. currently considering the following authority in Section 222 of the Foreign Vernon A. Williams, terms: Assistance Act of 1961, as amended (the Secretary. (1) Amount: U.S. $25 million. ‘‘Act’’). [FR Doc. 95–22625 Filed 9–11–95; 8:45 am] (2) Term: 30 years. Lenders eligible to receive the USAID BILLING CODE 7035±01±P (3) Grace Period: Ten years grace on guaranty are those specified in Section repayment of principal. (During grace 238(c) of the Act. They are: (a) U.S. period, semi-annual payments of citizens; (2) domestic U.S. corporations, DEPARTMENT OF JUSTICE interest only). If variable interest rate, partnerships, or associations repayment of principal to amortize in substantially beneficially owned by U.S. National Institute of Corrections equal, semi-annual installments over the citizens; (3) foreign corporations whose remaining 20-year life of the loan. If share capital is at least 95 percent Task Force on Prison Construction fixed interest rate, semi-annual level owned by U.S. citizens; and, (4) foreign Standardization and Techniques payments of principal and interest over partnerships or associations wholly ACTION: the remaining 20-year life of the loan. owned by U.S. citizens. Notice of establishment of Task (4) Interest Rate: Alternatives of both To be eligible for the USAID guaranty, Force on Prison Construction fixed and variable rate loans are the loans must be repayable in full no Standardization and Techniques. requested. later than the thirtieth anniversary of SUMMARY: In accordance with the (a) Fixed Interest Rate: If rates are to the disbursement of the principal provisions of the Federal Advisory be quoted based on a spread over an amount thereof and the interest rates Committee Act, 5 U.S.C. app. 2 (1972), index, the lender should use as its index may be no higher than the maximum and 41 CFR 101–6.1001–6.1035 (1992), 5 a long bond, specifically the 7 ⁄8% U.S. rate established from time to time by the Director, National Institute of Treasury Bond due February 15, 2025. USAID. Corrections (NIC), with the concurrence Such rate is to be set at the time of Information as to the eligibility of of the U.S. Attorney General, is acceptance. investors and other aspects of the establishing a Task Force on Prison (b) Variable Interest Rate: To be based USAID housing guaranty program can Construction Standardization and on the six-month British Bankers be obtained from: Mr. Michael J. Lippe, Techniques (TFPCST) for the purpose of Association LIBOR, preferably with Director, Office of Environment and evaluating and recommending new terms relating to Borrower’s right to Urban Programs, U.S. Agency for construction technologies, techniques, convert to fixed. The rate should be International Development, Room 409, and materials to reduce prison and jail adjusted weekly. SA–18, Washington, D.C. 20523–1822; construction costs at the federal, state, (5) Prepayment: Fax Nos: 703/875–4384 or 875–4639; and local levels and make construction (a) Offers should include any options Telephone: 703/875–4300. for prepayment and mention more efficient. The Task Force is authorized by prepayment premiums, if any. Dated: September 7, 1995. (b) Only in an extraordinary event to Michael G. Kitay, Public Law 103–322, Section 20406 of assure compliance with statutes binding Assistant General Counsel, Bureau for Global Subtitle D, the Violent Crime Control USAID, USAID reserves the right to Programs, Field Support and Research, U.S. and Law Enforcement Act of 1994. The accelerate the loan (it should be noted Agency for International Development. specific provisions of the Act state that that since the inception of the USAID [FR Doc. 95–22692 Filed 9–11–95; 8:45 am] the Task Force will: (1) establish and recommend standardized construction Housing Guaranty Program in 1962, BILLING CODE 6116±01±M USAID has not exercised its right of plans and techniques for prison and jail acceleration). construction; (2) evaluate and (6) Fees: Offers should specify the INTERSTATE COMMERCE recommend new construction placement fees and other expenses, COMMISSION technologies, techniques, and materials including USAID fees, Paying and to reduce prison and jail construction Transfer Agent fees, and out of pocket Notice of Meeting of National Grain Car costs at the federal, state, and local expenses, etc. Lenders are requested to Council levels and make construction more include all legal fees in their placement efficient; (3) disseminate the TIME AND DATES: 9:00 a.m., Wednesday, fee. Such fees and expenses shall be information to state and local officials September 20, 1995. payable at closing from the proceeds of involved in prison and jail construction; the loan. All fees should be clearly PLACE: Hearing Room A, Interstate (4) promote the implementation of cost- specified in the offer. Commerce Commission, 12th and saving efforts at the federal, state, and (7) Closing Date: Not to exceed 60 Constitution Avenue, N.W., local levels; (5) evaluate and advise on days from date of selection of lender. Washington, D. C. 20423. the results and effectiveness of such Selection of investment bankers and/ SUMMARY: The National Grain Car cost-saving efforts as adopted and or lenders and the terms of the loan are Council (NGCC) arose from a proceeding disseminate information on the results; initially subject to the individual instituted by the ICC in National Grain and (6) to the extent feasible, certify the discretion of the Borrower, and Car Supply—Conference of Interested effectiveness of these cost-saving efforts. thereafter, subject to approval by Parties, Ex Parte No. 519. The NGCC MEMBERSHIP: In accordance with the USAID. Disbursements under the loan was formed as a working group to provisions of P.L. 103–322, Section will be subject to certain conditions facilitate private-sector solutions to 20406 of Subtitle D, this Task Force will required of the Borrower by USAID as problems arising in the railroad be composed of federal, state, and local set forth in agreements between USAID transportation of grain. The purpose of officials experienced in the design and and the Borrower. the meeting is to discuss the NGCC’s construction of prison and jail facilities The full repayment of the loans will future agenda and to elect permanent and an equal number of architects, be guaranteed by USAID. The USAID officers. engineers, and construction Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47401 professionals from the private sector Endowment for the Arts, Washington, held on September 19–22, 1995. The with experience in prison and jail D.C. 20506, or call 202/682–5788. panel will meet from 9:00 a.m. to 7:00 design and construction. Dated: September 5, 1995. p.m. on September 19 and from 9:00 The Task Force will consist of 15 Yvonne M. Sabine, a.m. to 5:30 p.m. on September 20–22, members nominated primarily by in Room 716, at the Nancy Hanks Director, Office of Council and Panel relevant professional associations and Operations, National Endowment for the Arts. Center, 1100 Pennsylvania Avenue NW., state and local departments of Washington, DC 20506. [FR Doc. 95–22511 Filed 9–11–95; 8:45 am] corrections with recent significant This meeting will be open to the construction activity. The Task Force BILLING CODE 7537±01±M public on a space available basis. will be advisory only and will report to Any interested person may observe meetings or portions thereof, which are the U.S. Attorney General through the National Endowment for the Arts; open to the public, and may be Director of the National Institute of Partnership Meeting Corrections. permitted to participate in the discussions at the discretion of the CONTACT PERSON: Michael A. O’Toole, Pursuant to Section 10(a)(2) of the meeting chairman and with the National Institute of Corrections, Jails Federal Advisory Committee Act (Public approval of the full-time Federal Division, 1960 Industrial Circle, Suite Law 92–463), as amended, notice is hereby given that a meeting of the employee in attendance. A, Longmont, CO 80501, (800) 995– If you need special accommodations 6429. Partnership Advisory Panel (Local Arts Agencies Section) to the National due to a disability, please contact the TELEPHONE: (303) 682–0639, Fax: (303) Council on the Arts will be held on Office of Special Constituencies, 682–0469. September 28–29, 1995. The panel will National Endowment for the Arts, 1100 Morris L. Thigpen, be held from 8:45 a.m. to 6:30 p.m. on Pennsylvania Avenue NW., Washington, Director. September 28 and from 8:30 a.m. to 5:00 DC 20506, 202/682–5532, TTY/TDD [FR Doc. 95–22534 Filed 9–11–95; 8:45 am] p.m. on September 29, in Room M–14, 202/682–5496, at least seven (7) days BILLING CODE 4410±36±M at the Nancy Hanks Center, 1100 prior to the meeting. Pennsylvania Avenue, N.W., Further information with reference to Washington, D.C. 20506. this meeting can be obtained from Ms. NATIONAL FOUNDATION FOR THE This meeting will be open to the Yvonne M. Sabine, Director of Council ARTS AND THE HUMANITIES public on a space available basis. and Panel Operations, National Any interested person may observe Endowment for the Arts, Washington, National Endowment for the Arts; meetings or portions thereof, which are DC 20506, or call 202/682–5788. Visual Arts and Museum Planning open to the public and may be Dated: September 5, 1995. Meeting permitted to participate in the Yvonne M. Sabine, discussions at the discretion of the Pursuant to Section 10(a)(2) of the Director, Office of Council and Panel meeting chairman and with the Operations, National Endowment for the Arts. Federal Advisory Committee Act (Public approval of the full-time Federal [FR Doc. 95–22512 Filed 9–11–95; 8:45 am] Law 92–463), as amended, notice is employee in attendance. BILLING CODE 7537±01±M hereby given that a meeting of the If you need special accommodations Visual Arts Panel (Overview/Planning due to a disability, please contact the Section) to the National Council on the Office of Special Constituencies, NATIONAL SCIENCE FOUNDATION Arts will be held on September 12–13, National Endowment for the Arts, 1100 1995. The panel will meet from 9:00 Pennsylvania Avenue, NW Washington, Notice of Permit Applications Received a.m. to 5:30 p.m. on September 12 and D.C. 20506, 202/682–5532, TYY/TDD Under the Antarctic Conservation Act from 9:00 to 5:00 p.m. on September 13, 202/682–5496, at least seven (7) days of 1978 (P.L. 95±541) in Room M–07, at the Nancy Hanks prior to the meeting. Center, 1100 Pennsylvania Avenue, Further information with reference to AGENCY: National Science Foundation. N.W., Washington, D.C., 20506. this meeting can be obtained from Ms. ACTION: Notice of Permit Applications This meeting will be open to the Yvonne M. Sabine, Director of Council Received under the Antarctic public on a space available basis. and Panel Operations, National Conservation Act of 1978, P.L. 95–541. Any interested person may observe Endowment for the Arts, Washington, meetings or portions thereof, which are D.C. 20506, or call 202/682–5433. SUMMARY: The National Science Foundation (NSF) is required to publish open to the public, and may be Dated: September 5, 1995. permitted to participate in the notice of permit applications received to Yvonne M. Sabine, discussions at the discretion of the conduct activities regulated under the meeting chairman and with the Director, Office of Council and Panel Antarctic Conservation Act of 1978. Operations, National Endowment for the Arts. approval of the full-time Federal NSF has published regulations under employee in attendance. [FR Doc. 95–22513 Filed 9–11–95; 8:45 am] the Antarctic Conservation Act at Title If you need special accommodations BILLING CODE 7537±01±M 45 Part 670 of the Code of Federal due to a disability, please contact the Regulations. This is the required notice of permit applications received. Office of Special Constituencies, National Endowment for the Arts; DATES: Interested parties are invited to National Endowment for the arts, 1100 Museum Advisory Panel Pennsylvania Avenue, NW Washington, submit written data, comments, or D.C. 20506, 202/682–5532, TYY/TDD Pursuant to Section 10(a)(2) of the views with respect to these permit 202/682–5496, at least seven (7) days Federal Advisory Committee Act (Public applications by October 6, 1995. Permit prior to the meeting. Law 92–463), as amended, notice is applications may be inspected by Further information with reference to hereby given that a meeting of the interested parties at the Permit Office, this meeting can be obtained from Ms. Museum Advisory Panel (Utilization/ address below. Yvonne M. Sabine, Director of Council Professional Development Section B) to ADDRESSES: Comments should be and Panel Operations, National the National Council on the Arts will be addressed to Permit Office, Room 755, 47402 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices Office of Polar Programs, National Location the Arrival Heights and Cape Crozier Science Foundation, 4201 Wilson SPA #17—Litchfield Island, and SSSI Sites of Special Scientific Interest to Boulevard, Arlington, Virginia 22230. #20—Biscoe Point, Anvers Island survey ground control points needed to prepare up-to-date and detailed site FOR FURTHER INFORMATION CONTACT: Dates maps for these areas. The work involves Nadene G. Kennedy at the above October 1, 1995–May 31, 1998 obtaining precise measurements of up to address or (703) 306–1031. 2. Applicant: William D. Fraser, 6 ground control points at each site. In SUPPLEMENTARY INFORMATION: The Biology Department, Montana State addition aerial photography above each National Science Foundation, as University, Bozeman, Montana 59717, control point will be necessary so the directed by the Antarctic Conservation Permit Application No. 96–022. control points can be transferred to Act of 1978 (Public Law 95–541), has existing aerial photography for each site. Activity for Which Permit is Requested developed regulations that implement Access to sites will follow restrictions the ‘‘Agreed Measures for the Taking. The applicant proposes to outlined in the management plans for Conservation of Antarctic Fauna and continue work associated with the Long- each site. Flora’’ for all United States citizens. The Term Ecological Research (LTER) on the Location Antarctica Marine Ecosystem project Agreed Measures, developed by the # studying the relating variability in SSSI 2—Arrival Heights, Hut Antarctic Treaty Consultative Parties, # recommended establishment of a permit seabird reproductive success, survival Peninsula, Ross Island, and SSSI 4— system for various activities in and recruitment to fluctuations in Cape Crozier, Ross Island Antarctica and designation of certain certain biotic and abiotic features in Dates their environment. This work involves animals and certain geographic areas as November 1, 1995—January 31, 1996 requiring special protection. The censusing populations; marking, Nadene G. Kennedy, regulations establish such a permit weighing and measuring adults, chicks system to designate Specially Protected and eggs; obtaining diet samples; and Permit Office, Office of Polar Programs. Areas and Sites of Special Scientific placing radio transmitters on some [FR Doc. 95–22556 Filed 9–11–95; 8:45 am] Interest. individuals to develop profiles on BILLING CODE 7555±01±M The applications received are as foraging efforts. As in the past, all follows: seabirds involved in the research will be released unharmed. NUCLEAR REGULATORY 1. Applicant: William D. Fraser, COMMISSION Biology Department, Montana State Location University, Bozeman, Montana 59717, Palmer Station vicinity and nearby [Docket Nos. 50±287 and 50±388] Permit Application No. 96–021. islands accessible by zodiac Pennsylvania Power & Light Company, Activity for Which Permit is Requested Dates Susquehanna Steam Electric Station, October 1, 1995–May 31, 1998 Units 1 and 2; Environmental Enter Specially Protected Area and Assessment and Finding of No 3. Applicant: William D. Fraser, Enter Site of Special Scientific Interest. Significant Impact The applicant requests permission to Biology Department, Montana State enter Litchfield Island (SPA #17) 3 times University, Bozeman, Montana 59717, The U.S. Nuclear Regulatory per week for 1–2 hours to census Permit Application No. 96–023. Commission (the Commission) is penguins and other seabirds breeding on Activity for Which Permit is Requested considering issuing an amendment to the island. The island can be accessed Susquehanna Steam Electric Station, safely and easily at times of the year Taking. The applicant requests Units 1 and 2, Technical Specifications when sea ice and bad weather make permission to tag 200 Adelie penguins to permit the implementation of an access to other penguin rookeries using the subcutaneous tag method. The increase in the allowable exposure of difficult or impossible. The applicant tagging of penguins is part of a long- Siemens’ 9×9–2 fuel from 40 GWD/MTU relies heavily on the ability to document term ecological research (LTER) to 45 GWD/MTU. Pennsylvania Power weekly changes in penguin populations program studying the relating variability and Light Company (PP&L) (the and breeding effort. This island has thus in seabird reproductive success, licensee), on May 31, 1994, submitted to become a reliable source of long-term survival and recruitment to fluctuations the Commission for review, Topical comparative data on penguin in certain biotic and abiotic features in Report PL–NF–94–005–P, ‘‘Technical demography important to the their environment. Basis for SPC 9×9–2 Extended Fuel hypotheses being tested by the LTER. Location Exposure at Susquehanna SES.’’ This All visits will be restricted to the report provided a technical justification Palmer Station vicinity and nearby unvegetated parts of the island. for the increased fuel burnup and the islands In addition, the applicant would also staff subsequently approved the report like to enter Biscoe Point, Anvers Island Dates as indicated in its letter to PP&L dated (SSSI #20) on 5 separate occasions to October 1, 1995—May 31, 1998 December 15, 1994. census penguins and other seabirds. 4. Applicant, Colin Harris, Environmental Assessment Some penguins banded as chicks are not International Center for Antarctic Identification of the Proposed Action returning to their natal colonies, but are Information and Research (ICAIR), P.O. instead moving to colonies on islands Box 14–199, Orchard Road, The proposed action would amend quite distant from Palmer. The applicant Christchurch, New Zealand, Permit the Susquehanna Steam Electric Station needs to document how pervasive this Application No. 96–013. (SSES), Units 1 and 2, Technical trend is by finding previously banded Specifications (TS) to permit the birds so as to adequately incorporate Activity for Which Permit is Requested implementation of an increase in the them into data on survival and Enter Sites of Special Scientific allowable exposure of Siemens’ 9×9–2 recruitment. Interest. The applicant proposes to enter fuel from 40 GWD/MTU to 45 GWD/ Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47403 MTU. The proposed action is in Accordingly, the Commission concludes Dated at Rockville, Maryland, this 5th day accordance with the licensee’s that this proposed action would result of September 1995. application for amendment dated in no significant radiological For the Nuclear Regulatory Commission. February 2, 1995. environmental impact. John Stolz, The Need for the Proposed Action With regard to potential Director, Project Directorate I–2, Division of nonradiological impacts, the proposed Reactor Projects—I/II, Office of Nuclear NRC approval of this TS change, as change will in no way affect environs Reactor Regulation. applied to the Unit 1, Cycle 9, and Unit located outside the restricted area as [FR Doc. 95–22613 Filed 9–11–95; 8:45 am] 2, Cycle 8, will establish a new, higher defined in 10 CFR Part 20. It does not BILLING CODE 7590±01±P fuel burnup rod-average limit of 45 affect nonradiological plant effluents MWD/MTU and will permit the licensee and has no other environmental impact. to continue to operate the plant through Therefore, the Commission concludes NEA/CNRA/CSNI International the end of each of these specified cycles, that there are no significant Workshop on Steam Generator Tube exceeding the current fuel burnup limit nonradiological environmental impacts Integrity in Nuclear Power Plants; of 40 GWD/MTU, without affecting the associated with the proposed change in Notice of NEA Meeting safe operation of each reactor. the fuel exposure limit. SUMMARY: An International Workshop Environmental Impacts of the Proposed Alternatives to the Proposed Action on Steam Generator Tube Integrity in Action Nuclear Power Plants (NPPs) will be The Commission completed its Since the Commission has concluded convened by the Committee on Nuclear evaluation of the proposed action and there is no measurable environmental Regulatory Activities (CNRA) and the the above referenced topical report and impact associated with the proposed Committee on the Safety of Nuclear found it to be acceptable. In addition the action, any alternatives with equal or Installations (CSNI) of the OECD TS changes implementing the higher greater environmental impact need not Nuclear Energy Agency (NEA). The NEA fuel burnup limit have also been found be evaluated. As an alternative to the announcement and call for participation to be acceptable. The safety proposed action, the staff considered is attached. The NRC is a member of considerations associated with extended denial of the proposed action. Denial of these committees and NRC staff and irradiation of nuclear fuel have been the application would result in no contractors will participate in the evaluated by the NRC staff and the staff change in current environmental workshop. The NEA is seeking other has concluded that such changes would impacts. The environmental impacts of participants from the United States. not adversely affect plant safety. The the proposed action and the alternative Those interested in participating, proposed changes have no adverse affect action are similar. should submit the registration form on the probability of any accident. The Alternative Use of Resources directly to the NEA at the address noted increased burnup may slightly change on the form. The deadline for the mix of fission products that might be This action does not involve the use registration has been extended to released in the event of a serious of any resources not previously September 30, 1995. accident, but such changes would not considered in the Final Environmental Statement for the Susquehanna Steam Dated at Rockville, Maryland, on significantly affect the consequences of September 6, 1995. Electric Station, Units 1 and 2. serious accidents. Routine radiological For the Nuclear Regulatory Commission. effluents are not affected. As a result, Agencies and Persons Consulted Michael E. Mayfield, there is no increase in individual or cumulative radiation exposure. In accordance with its stated policy, Chief, Electrical, Materials & Mechanical The environmental impacts of on July 7, 1995, the staff consulted with Engineering Branch, Division of Engineering the Pennsylvania State official, David Technology, Office of Nuclear Regulatory transportation resulting from the use of Research. higher enrichment and extended Ney of the Department of Radiation irradiation are discussed in the staff Protection, regarding the environmental NEA/CNRA/CSNI International Workshop assessment entitled, ‘‘NRC Assessment impact of the proposed action. The State on Steam Generator Tubing Integrity in of the Environmental Effects of official had no comments. Nuclear Power Plants SECOND ANNOUNCEMENT AND CALL FOR Transportation Resulting from Extended Finding of No Significant Impact Fuel Enrichment and Irradiation.’’ This PARTICIPATION assessment was published in the Based upon the environmental 1. Organization and Host Federal Register on August 11, 1988 (53 assessment, the Commission concludes An Intentional Workshop on Steam FR 30355), as corrected on August 24, that the proposed action will not have Generator Tube Integrity in Nuclear Power 1988 (53 FR 32322), in connection with a significant effect on the quality of the Plants (NPPs) will be convened by the the Shearon Harris Nuclear Power Plant, human environment. Accordingly, the Committee on Nuclear Regulatory Activities Unit 1: Environmental Assessment and Commission has determined not to (CNRA) and the Committee on the Safety of Finding of No Significant Impact. As prepare an environmental impact Nuclear Installations (CSNI) of the OECD indicated therein, the environmental statement for the proposed action. Nuclear Energy Agency (NEA). The workshop will be hosted by the Office of cost contribution of an increase in fuel For further details with respect to the Nuclear Regulatory Research of the United enrichment of up to 5 weight percent U– proposed action, see the licensee’s letter States Nuclear Regulatory Commission. The 235 and irradiation limits of up to 60 dated February 2, 1995, which is four-day workshop will be conducted in Gigawatt Days per Metric Ton (GWD/ available for public inspection at the suburban Chicago, Illinois near Argonne MT) are either unchanged, or may in Commission’s Public Document Room, National Laboratory on Monday, October 30 fact be reduced from those summarized The Gelman Building, 2120 L Street, through Thursday, November 2, 1995. in Table S–4 as set forth in 10 CRF NW., Washington, DC, and at the local 2. Background and Purpose 51.52(c). These findings are applicable public document room located at the Steam generator tubing has exhibited a to the proposed increase in the increase Osterhout Free Library, Reference wide variety of degradation mechanisms. As in the allowable exposure of Siemens’ Department, 71 South Franklin Street, a result, a considerable amount of effort has 9×9–2 fuel for the Susquehanna units. Wilkes Barre, Pennsylvania 18701. been expended to address the safety and 47404 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices economic implications of these degradation The concluding session will begin with possible and not later than 15 September processes. These efforts have resulted in presentations by each of the facilitators 1995: improved inspection techniques, the summarizing the findings and Mr. Jean-Pierre Clausner, Nuclear Safety development of defect-specific tube repair recommendations from his or her working Division, OECD Nuclear Energy Agency, criteria, enhanced primary-to-secondary session. An integration session will follow in Le Seine St. Gerrnain, 12, Bd. des Iles, leakage monitoring programmes, and which the facilitators and CNRA 92130 Issy-les-Moulineaux, France. implementation of various preventative and representatives will develop and present Email: [email protected], corrective measures. Nevertheless, steam Tel: 33 145 2410 54, Fax: 33145241110. generator tube integrity continues to be a overall summary conclusions and Registration Fee. A registration fee of $75 major issue for nuclear power plant recommendations on regulatory and research will be charged. This fee will cover the costs operators, vendors, and regulators, and issues relevant to regulators. of a reception on the evening of Sunday, efforts continue to be directed at addressing 4. Provisional Programme October 29 and a banquet on Tuesday, issues related to steam generator tube October 31, as well as coffee breaks and integrity. The overall schedule of events for the refreshment. The purpose of this workshop is to provide workshop is given in Table 1. The plenary Manuscripts and publication of a unique forum for the exchange of session will take place on the first day, proceedings. To permit reproduction and information on aspects related to steam followed by five parallel workshop session distribution of the papers at the beginning of generator tube integrity. Participants will on the second day and the morning of the the workshop, speakers are requested to send have the opportunity to meet their third day. The fourth day will consist of the their photo-ready original manuscript no counterparts from other countries and technical summary and integration sessions. later than October 1, 1995 to: Dr. Dwight organizations to discuss regulatory and Workshop attendees will be given an Diercks, Energy Technology Division, research issues on this topic. Participants opportunity to tour selected Argonne Argonne National Laboratory, 9700 South will develop conclusions and facilities on the afternoon of the third day. Cass Avenue, Argonne, IL 60439, USA. recommendations regarding these issues and, The presentations in the first plenary If the October 1 deadline for paper hopefully, identify methods to improve their submittal should prove impractical, authors own programs. session will be structured to provide an international overview of key aspects of are asked to bring 100 copies of their paper 3. Workshop Format steam generator tubing degradation to the workshop. The workshop will provide an mechanisms, inspection, integrity, Technical papers and the conference international forum for the exchange of preventative/corrective measures, and proceedings will be published following the operating experience and ongoing activities operation aspects/risk analysis. Matrices completion of the workshop. Workshop location. The workshop will be with respect to steam generator tube outlining the contents of these presentations held at the Regency Hyatt Oak Brook Hotel integrity. Emphasis will be placed on are given in Table 2. regulatory and safety issues. Participation in where block of room is being made available As stated above, the five parallel working this NEA specialists meeting/workshop is at a rate of U.S. $97.20 for single or double limited to contributing experts nominated by sessions, each lead by two pre-selected occupancy. To receive this rate, attendees the NEA/CNRA/CSNI representative from facilitators, will deal with the following must make reservations directly with the their country. Prospective participants are topics: (1) tubing degradation, (2) tubing hotel on or before October 25, 1995 and must asked to contact their representative and inspection, (3) tubing integrity, (4) specify that their reservations are for the provide information on their specific areas of preventative and corrective measures, and (5) ‘‘steam generator workshop.’’ Hotel interest and expertise and to indicate the operational aspects and risk analysis. The information is as follows: workshop session to which they would topics to be covered in these sessions and the Hyatt Regency Oak Brook Hotel, 1909 Spring contribute. specific aspects of these topics to be Road, Oak Brook, IL 60521 USA, The workshop format includes an opening considered are presented in Table 3. Telephone: 1 708–573–1234, Fax: 1 708– plenary session, parallel discussion sessions 573–1909 5. Programme Committee on five technical areas, and a concluding Other hotels in the area include the summary and integration session. In order to The workshop is being organized under the following: gain the most value from their participation, direction of a Programme Committee made Marriott Hotel, 1401 West 22nd Street, Oak participants will be expected to be present up of the following members: for the entire workshop and to contribute to Brook, IL 60521 USA, (across the street Dr. Joseph Muscara, United States (chairman) one of the working sessions. from the Hyatt Regency Oak Brook The opening plenary session will begin Mr. Kenneth J. Karwoski, United States Hotel), Telephone: 708–573–8555, Fax: with up to eight invited presentations on Dr. William J. Shack, United States 708–573–1026, Rates: $139 per night, international steam generator regulatory Ms. Dominique Moussebois, Belgium one or two persons per room practices and issues. The second part of the Mr. Guy Turluer, France Drake Hotel, 2301 South York Road, Oak plenary session will consist of Mr. Toshihiko Iwase, Japan Brook, IL 60521 USA, (Located at comprehensive technical overviews by Dr. Jose M. Figueras, Spain intersection of York Road and Cermak international authorities in the areas of steam Mr. Gert Hedner, Sweden Rd., 2.2 miles (3.5 km) from the Hyatt Regency Oak Brook Hotel). Telephone: generator tubing degradation, integrity, and Mr. Jean-Pierre Clausner, NEA Secretariat inspection. 708–574–5700, Fax: 708–574–0830, Following the opening plenary session, the 6. Meeting Organization, Participation, Rates: $89 per night (one person), $99 workshop participants will be divided into Deadlines (two persons) including continental five parallel working sessions dealing with Language. The working language of the breakfast the following topics: (1) tubing degradation, workshop will be English. No translation Hampton Inn, 222 East 22nd Street, Lombard, (2) tubing inspection, (3) tubing integrity, (4) service will be available. Good command of IL 60148, (Located 5 miles (8 km) from the Hyatt Regency Oak Brook preventative and corrective measures, and (5) the English language will be necessary to Hotel),Telephone: 708–916–9000, Fax: operational aspects and risk analysis. Two fully benefit from the workshop activities. 708–916–8015, Rates: $64 per night (one pre-selected facilitators will lead each of the Participation. Participation in the meeting five working sessions to promote and person), $69 (two persons), including is expected from nuclear regulatory bodies, stimulate the discussions. Under the continental breakfast nuclear power utilities, research laboratories, leadership of these facilitators, each Transportation. The Hyatt Regency Oak workshop session will develop a list of owner’s groups, and vendors. Participants, Brook and nearby hotels are most conclusions and recommendations for their including those who wish to submit papers, conveniently reached from O’Hare technical area. Prospective participants who are asked to fill out the attached participation International Airport by rental car or are interested in serving as a facilitator form and return it through their country’s limousine. All of the major car rental should indicate this interest when they NEA/CNRA/CSNI representative to the NEA agencies are represented at O’Hare, and car register. secretariat for planning purposes as early as rental arrangements may be made with them Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47405 directly. Arrangements for limousine service also available, but the cost is usually higher Nearby Chicago is the largest city in the must be made in advance, providing the than for a limousine. central United States and a major flight number and the anticipated time of Other activities. An optional tour of transportation, commercial, and arrival. The following service is suggested: selected technical facilities at Argonne manufacturing center. Chicago is noted for its United Limousine Service, 432 Ogden National Laboratory is planned for the outstanding museums, including the Field Museum of Natural History, the Art Institute Avenue, Downers Grove, IL 60515, afternoon of Wednesday, November 1. of Chicago, the Museum of Science and Telephone: 708–969–3865, Fax: 708–969– Arrangements for participation in this tour Industry, the Adler Planetarium, and the 8976. may be made at the workshop. The Hyatt Regency Oak Brook Hotel is Shedd Aquarium. It is also features the The approximate cost is $15.50 (plus tip), approximately 14 miles (22 km) from O’Hare Chicago Symphony Orchestra, the shops but the Argonne National Laboratory rate International Airport and 18 miles (29 km) along North Michigan Avenue, and the parks must be requested when making reservations. from downtown Chicago. It is located along the shores of Lake Michigan. Chicago Upon arrival at the airport, the traveler must immediately adjacent to the Oak Brook is an ethnically diverse city that offers a rich 1–800–331–9037 for actual pickup (the shopping center, a very large and modern variety of cultural attractions, restaurants, limousine will be waiting nearby). Taxi facility offering a wide variety of shops and and activities. service between O’Hare and Oak Brook is restaurants. BILLING CODE 7590±01±P 47406 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47407 47408 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47409 47410 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47411 47412 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47413 [FR Doc. 95–22593 Filed 9–11–95; 8:45 am] BILLING CODE 7590±01±C 47414 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices NUREG: Issuance, Availability solicit comments on the proposed rule style) or exercisable only on their change from interested persons. expiration date (if not exercisable prior The Nuclear Regulatory Commission to such date). The holder of a warrant I. Self-Regulatory Organization’s has issued Revision 5 of NUREG–1307 structured as a ‘‘put’’ would receive Statement of the Terms of Substance of entitled ‘‘Report on Waste Burial payment in U.S. dollars to the extent the Proposed Rule Change Charges.’’ The report provides power that the Index value has declined below reactor licensees updated information to The CBOE proposes to provide for the a pre-stated cash settlement value. allow them to adjust periodically the listing and trading on the Exchange of Conversely, holders of a warrant projected waste burial cost component warrants on the Mexico 30 Index structured as a ‘‘call’’ would, upon when estimating the cost of (‘‘Mexico Index’’ or ‘‘Index’’), a cash- exercise or at expiration, receive decommissioning their nuclear plants. settled, broad-based index.1 payment in U.S. dollars to the extent Copies of NUREG–1307, Revision 5 The text of the proposed rule change that the Index value has increased above may be purchased from the is available at the Office of the the pre-stated cash settlement value. If Superintendent of Documents, U.S. Secretary, CBOE and at the Commission. ‘‘out-of-the-money’’ at the time of Government Printing Office, P.O. Box II. Self-Regulatory Organization’s expiration, the warrants would expire 37082, Washington, DC 20013–7082. Statement of the Purpose of, and worthless. Copies are also available from the Statutory Basis for, the Proposed Rule Warrant Listing Standards and National Technical Information Service, Change Customer Safeguards. On August 28, 5285 Port Royal Road, Springfield, 1995, the Commission approved the Virginia 22161. A copy is also available In its filing with the Commission, the Exchange’s generic warrant filing for inspection and/or copying for a fee CBOE included statements concerning ‘‘Establishment of Uniform Listing and in the NRC Public Document Room, the purpose of and basis for the Trading Guidelines for Stock Index, 2120 L Street, NW. (Lower Level), proposed rule change and discussed any Currency and Currency Index Warrants’’ Washington, DC. comments it received on the proposed (SR–CBOE–94–34) (‘‘Index and For further information contact rule change. The text of these statements Currency Warrant Filing’’). The listing George J. Mencinsky, Division of may be examined at the places specified and trading of Index warrants on the Regulatory Applications, Office of in Item IV below. The CBOE has Mexico 30 Index will be subject to these Nuclear Regulatory Research, Mail Stop prepared summaries, set forth in guidelines and rules. T–9 F31, U.S. Nuclear Regulatory Sections A, B, and C below, of the most Index Design. The Index was designed Commission, Washington, DC 20555, significant aspects of such statements. by and is maintained by the CBOE and telephone (301) 415–6206. A. Self-Regulatory Organization’s the Chicago Mercantile Exchange (‘‘CME’’). CBOE represents that the 30 Dated at Rockville, Maryland, this 1st day Statement of the Purpose of, and of Sept. 1995. Statutory Basis for, the Proposed Rule stocks comprising the Index were selected for their high market For the Nuclear Regulatory Commission. Change capitalization and their high degree of Bill M. Morris, 1. Purpose liquidity, and further believes that they Director, Division of Regulatory Applications, The purpose of the proposed rule are representative of the industrial Office of Nuclear Regulatory Research. change is to permit the Exchange to list composition of the broader Mexican [FR Doc. 95–22615 Filed 9–11–95; 8:45 am] and trade cash-settled index warrants equity market. The Mexico Index is BILLING CODE 7590±01±M based on the Mexico 30 Index. The composed of 15 broad industry groups, Index is comprised of 30 representative including building materials, diversified stocks of the Mexican Stock Exchange holding companies, and SECURITIES AND EXCHANGE (‘‘Bolsa’’).2 CBOE believes that warrants telecommunications. COMMISSION on the Index will provide investors with The Index is weighted by the market capitalization of the component stocks, [Release No. 34±36186; International Series a low-cost means of participating in the Release No. 848; File No. SR±CBOE±95± performance of the Mexican economy however, at the time of a semi-annual 46] and a hedging mechanism against the review (occurring after the close on risk of investing in that economy. expiration Fridays in December and Self-Regulatory Organizations; Notice Index Warrant Trading. The proposed June) the Index will be adjusted, if of Filing of Proposed Rule Change by warrants will be direct obligations of necessary, to ensure that no single the Chicago Board Options Exchange, their issuer subject to cash-settlement in component shall have a weight in the Inc. Relating to the Listing and Trading U.S. dollars, and either exercisable Index greater than 25%. For example, of Index Warrants on the Mexico 30 throughout their life (i.e., American- on June 16, 1995, the most recent review Index date, Telefonos de Mexico (‘‘TMX’’) 1 CBOE is concurrently seeking approval to list would have had a weight of 30.41% of September 5, 1995. and trade options on the CBOE Mexico 30 Index. the Index. To reduce TMX’s weight, the Pursuant to Section 19(b)(1) of the For a more detailed description of the CBOE Mexico Exchange reduced the number of Securities Exchange Act of 1934 30 Index and CBOE Mexico 30 Index options, see outstanding TMX shares used in the Securities Exchange Act Release No. 36160 (August (‘‘Act’’), 15 U.S.C. § 78s(b)(1), notice is 28, 1995). calculation of the Index from 8.0375 hereby given that on August 21, 1995, 2 The components of the Index are Alfa SA–A; billion to 6.1303 billion. the Chicago Board Options Exchange, Apasco SA; Grupo Casa Autrey; Banacci-B; Grupo The total capitalization of the Index as Inc. (‘‘CBOE’’ or ‘‘Exchange’’) filed with Carso-Al; Controla Com M–B; Cemex SA–B; Cifra of July 31, 1995 was $46.21 billion, SA–C; Desc SA–B; Empresas Moderna-A; Fomento the Securities and Exchange Econ M–B; Grupo Embotelladoro Mexico; Grupo which represents 49.35% of the overall Commission (‘‘Commission’’) the Financiero Bancomer-B; Grupo Financiero Serfin-B; capitalization of the Mexican Bolsa. The proposed rule change as described in Grupo Gigante; Grupo Modelo-C; Grupo Mexico-B; median capitalization of the stocks in Items I, II and III below, which Items Grupo Tribasa-CPO; Hylsamex SA–BCP; Empresas the Index on July 31, 1995, was 4.507 ICA; Iusacell; Kimberly-Clark M–A; Coca-Cola have been prepared by the self- Femsa; Grupo Industrial Maseca-B; Grupo Sidek-B; billion Pesos ($737 million at the regulatory organization. The Tubos De Acero; Telefonos De Mexico-L; Tolmex exchange rate of 6.115 pesos per dollar Commission is publishing this notice to SA–B2; Grupo Telev-CPO; and Vitro SA. prevailing on July 31, 1995). The Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47415 average market capitalization of these warrant surveillance procedures to submission, all subsequent stocks was $1.54 billion on the same Index warrants. In addition, the amendments, all written statements date (using the same rate of exchange). Exchange is aware of a Memorandum of with respect to the proposed rule The individual market capitalization of Understanding (‘‘MOU’’) between the change that are filed with the these stocks ranged from $156 million Commission and the Comision Nacional Commission, and all written (Grupo Sidek-B) to $13.3 billion Bancaria y de Valores. This MOU will communications relating to the (Telmex) on July 31, 1995. The largest enable the Commission to obtain proposed rule change between the stock accounted for 23.61% of the information concerning the trading of Commission and any person, other than Index, while the smallest accounted for the component stocks of the Mexico 30 those that may be withheld from the 0.36%. The top five stocks in the Index Index. The Exchange also will make public in accordance with the by weight accounted for 55.02% of the every effort to enter into an effective provisions of 5 U.S.C. § 552, will be Index. CBOE represents that upon each surveillance agreement with the Bolsa. available for inspection and copying at semi-annual review of the Index, the the Commission’s Public Reference 2. Statutory Basis Exchange shall make any necessary Section, 450 Fifth Street, N.W., modifications to ensure that the top CBOE believes the proposed rule Washington, D.C. 20549. Copies of such three weighted stocks in the Index by change is consistent with Section 6(b) of filing will also be available for weight may not account for more than the Act in general and furthers the inspection and copying at the principal 45% of the Index at the time of a semi- objectives of Section 6(b)(5) in office of the CBOE. All submissions annual review.3 The average daily particular in that it will permit trading should refer to File No. SR–CBOE–95– volume in the component securities for in warrants based on the Mexico 30 46 and should be submitted by October the period from February 1995 through Index pursuant to rules designed to 3, 1995. July 1995, ranged from a low of prevent fraudulent and manipulative For the Commission, by the Division of approximately 9,270 shares to a high of acts and practices and to promote just Market Regulation, pursuant to delegated 14,123,392 shares, with an average daily and equitable principles of trade, and authority.4 trading volume for all components of thereby will provide investors with the Margaret H. McFarland, the Index of approximately 1,479,390 ability to invest in warrants based on an Deputy Secretary. shares per day. additional index. Calculation. The value of the Index is [FR Doc. 95–22535 Filed 9–11–95; 8:45 am] determined by multiplying the price of B. Self-Regulatory Organization’s BILLING CODE 8010±01±M each stock times the number of shares Statement on Burden on Competition outstanding, adding those sums and The Exchange believes the proposed [Release No. 34±36185; File No. SR±CBOE± dividing by a divisor which gives the rule change will impose no burden on 95±43] Index a value of 200 on its base date of competition. January 3, 1995. This divisor is adjusted C. Self-Regulatory Organization’s Self-Regulatory Organizations; Notice for pertinent changes as described Statement on Comments on the of Filing of Proposed Rule Change by below in the section titled Proposed Rule Change Received from the Chicago Board Options Exchange, ‘‘Maintenance.’’ The Index had a closing Members, Participants or Others Inc. Relating to the Listing of Flexible value of 203.07 on July 31, 1995. Exchange Options on Specified Equity Maintenance. The Index will be The Exchange has neither solicited Securities maintained by the CBOE and CME. To nor received written comments on the maintain continuity of the Index, the proposed rule change. September 5, 1995. Pursuant to Section 19(b)(1) of the divisor of the Index will be adjusted to III. Date of Effectiveness of the Securities Exchange Act of 1934 reflect certain events relating to the Proposed Rule Change and Timing for (‘‘Act’’),1 and Rule 19b–4 thereunder,2 component stocks. These events Commission Action include, but are not limited to, changes notice is hereby given that on August in the number of shares outstanding, Within 35 days of the publication of 15, 1995, the Chicago Board Options spin-offs, certain rights issuances, and this notice in the Federal Register or Exchange (‘‘CBOE’’ or ‘‘Exchange’’) filed mergers and acquisitions. The within such longer period (i) as the with the Securities and Exchange composition of the Index will be Commission may designate up to 90 Commission (‘‘Commission’’) the reviewed periodically and the days of such date if it finds such longer proposed rule change as described in Exchanges may make component period to be appropriate and publishes Items I, II, and III below, which Items changes at any time. its reasons for so finding or (ii) as to have been prepared by the CBOE. The Bridge Information Systems which the self-regulatory organization Commission is publishing this notice to (‘‘Bridge’’) will calculate the value of the consents, the Commission will: solicit comments on the proposed rule Index every fifteen seconds throughout (A) By order approve the proposed change from interested persons. the trading day and disseminate the rule change, or I. Self-Regulatory Organization’s Index value through the Options Price (B) institute proceedings to determine Statement of the Terms of Substance of Reporting Authority (‘‘OPRA’’). Bridge whether the proposed rule change the Proposed Rule Change obtains quotes and trade information on should be disapproved. a real-time basis directly from the Bolsa IV. Solicitation of Comments The CBOE proposes to amend its rules through an electronic feed. Accordingly, to provide for the listing and trading of the value of the Index will be based Interested persons are invited to Flexible Exchange Options (‘‘FLEX upon the prices of the components as submit written data, views and Options’’) on specified equity securities traded or quoted on the Bolsa. arguments concerning the foregoing. (‘‘FLEX Equity Options’’). The text of Surveillance Agreements. The Persons making written submissions the proposed rule change is available at Exchange expects to apply its existing should file six copies thereof with the Secretary, Securities and Exchange 4 17 CFR 200.30–3(a)(12) (1994). 3 As of July 31, 1995, the top three stocks Commission, 450 Fifth Street, N.W., 1 15 U.S.C. 78s(b)(1) (1988). represented 43.6% of the weight of the Index. Washington, D.C. 20549. Copies of the 2 17 CFR 240.19b–4 (1994). 47416 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices the Office of the Secretary, the CBOE, several new definitions to Rule 24A.1 to standards of qualification as FLEX and at the Commission. accommodate the introduction of Appointed Market-Makers (including trading in FLEX Equity Options,5 and to the requirement for a specific clearing II. Self-Regulatory Organization’s revise certain other CBOE rules member letter of guarantee for FLEX Statement of the Purpose of, and describing FLEX Options and governing 10 Statutory Basis for, the Proposed Rule Options), and who may, but without their trading, as described below. Change obligation to do so, enter quotes in The CBOE proposes to revise Rule response to a Request for Quotes in a In its filing with the Commission, the 24A.4 concerning the terms of FLEX class of FLEX Equity Options in which Exchange included statements Options to make specific reference to the Market-Maker is qualified. In concerning the purpose of and basis for the terms of FLEX Equity Options. addition, FLEX Qualified Market- the proposed rule change and discussed Specifically, FLEX Equity Options will Makers will be obligated to make any comments it received on the have (1) a maximum term of three years, responsive quotes when called upon to proposed rule change. The text of these (2) a minimum size of 250 contracts for do so by a FLEX Post Official 11 in the statements may be examined at the an opening transaction in a new series, interests of a fair and orderly market. places specified in Item IV below. The and and (3) a minimum size of 100 Quotes of FLEX Qualified Market- CBOE has prepared summaries, set forth contracts for an opening or closing Makers must satisfy the minimum size in Sections (A), (B), and (C) below, of transaction in a series in which there is parameters discussed above for FLEX the most significant aspects of such already open interest (or any lesser Equity Options and must be entered statements. amount in a closing transaction that within the time periods provided in the (A) Self-Regulatory Organization’s represents the remaining underlying CBOE’s FLEX Options Rules.12 Statement of the Purpose of, and size). The minimum value size for FLEX The CBOE represents that the rules 6 Statutory Basis for, the Proposed Rule Quotes by a single Market-Maker in governing priority of bids and offers for 7 Change response to a Request for Quotes in FLEX Equity Options are also much the FLEX Equity Options is the lesser of 100 same as those that apply to FLEX Index The purpose of the proposed rule contracts or the remaining underlying Options, except that in the case of FLEX change is to expand the CBOE’s FLEX size in a closing transaction. Equity Options, no guaranteed Options rules 3 to permit the The CBOE also proposes to allow minimum right of participation is introduction of trading in FLEX Options exercise prices and premiums for FLEX provided to an Exchange member that on specified equity securities that Equity Options to be stated in dollar initiates a Request for Quotes and satisfy the Exchange’s listing standards amounts or percentages, with premiums indicates an intention to cross or act as for equity options. Currently, FLEX rounded to the nearest minimum tick principle on the trade; 13 as to such a Options are listed and traded on the and exercise prices rounded to the member the Exchange’s regular rules of CBOE in respect of several broad market nearest one-eighth. The exercise of price and time priority shall apply.14 indexes of equity securities (‘‘FLEX FLEX Equity Options will be by 4 The CBOE represents that position Index Options’’). The Exchange states physical delivery, and the exercise-by- limits and exercise limits for FLEX that because of the success of these exception procedures of The Options Equity Options are proposed to be larger products in meeting the needs of Clearing Corporation (‘‘OCC’’) will than the limits applicable to Non-FLEX 8 investors for greater flexibility in apply. Equity Options, in the same manner and designating the terms of index options The CBOE represents that the trading for the same reasons that the position procedures applicable to FLEX Equity within the parameters of the CBOE’s and exercise limits for FLEX Index Options will be mostly the same as FLEX Options rules, the Exchange is Options are larger than those applicable those that apply to FLEX Index Options, now proposing to provide comparable to Non-FLEX Index Options. Position except that unless the Exchange’s flexibility to investors in equity options. and exercise limits for FLEX Equity Market Performance Committee decides The CBOE believes that by extending Options are proposed to be five times otherwise, there will not be FLEX the FLEX Options program in this way, the limits for Non-FLEX Equity Options Appointed Market-Makers 9 who are the result will be to further broaden the on the same underlying security. This obligated to respond to Requests for base of institutional investors that use compares with limits for OEX FLEX Quotes in respect of FLEX Equity FLEX Options to manage their trading Index Options that are eight times the Options as there are in respect of FLEX and investment risk. limits for Non-FLEX OEX Options and For the most part, the CBOE Index Options. Instead, the CBOE limits for SPX FLEX Index Options that represents that the current rules proposes to have five or more ‘‘FLEX are 4.44 times the limits for Non-FLEX governing FLEX Index Options will Qualified Market-Makers’’ appointed to SPX Options. Also, as is currently the apply unchanged to FLEX Equity each class of FLEX Equity Options who case for FLEX Index Options, it is Options. Certain changes to the CBOE’s must satisfy essentially the same proposed that there will be no existing FLEX Options rules, however, aggregation of positions or exercises in are proposed to deal with the special 5 In addition to the term FLEX Equity Options, FLEX Equity Options with positions or characteristics of FLEX Equity Options. the proposal also defines the terms ‘‘FLEX Index Options,’’ ‘‘Non-FLEX Options,’’ ‘‘Non-FLEX Equity exercises in Non-FLEX Equity Options Specifically, the CBOE proposes to add Option,’’ and, ‘‘Applicable Floor Procedure for purposes of position or exercise Committee.’’ limits. The CBOE believes that the larger 3 See CBOE Rules 24A.1 through 24A.17. 6 See CBOE Rule 24A.1(f). 4 Specifically, the Commission has approved the 7 See CBOE Rule 24A.1(k). position and exercise limits for FLEX listing by the CBOE of FLEX Options on the S&P 8 OCC Rule 805 provides for automatic exercise Options and the nonaggregation of 100 (‘‘OEX’’), S&P 500 (‘‘SPX’’), Nasdaq 100, and of in-the-money options at expiration without the positions and exercises in FLEX Options Russell 2000 Indexes. See Securities Exchange Act submission of an exercise notice to the OCC if the Release Nos. 31920 (February 24, 1993), 58 FR price of the security underlying the option is at or 10 See, e.g., CBOE Rules 24A.9, 24A.13, 24A.14, 12280 (March 3, 1993) (approval of FLEX Options above a certain price (for calls) or at or below a and 24A.15. on the SPX and OEX indexes), 34052 (May 12, certain price (for puts); and the non-exercise of an 11 1994), 59 FR 25972 (May 18, 1994) (approval of option at expiration if the price of the security See CBOE Rule 24A.1(e). FLEX Options on the Nasdaq 100 index), and 32694 underlying the option does not satisfy such price 12 See CBOE Rule 24A.5. (July 29, 1993), 58 FR 41814 (July 5, 1993) (approval levels. See OCC Rule 805. 13 See CBOE Rule 24A.5(c). of FLEX Options on the Russell 2000 index). 9 See CBOE Rule 24A.9. 14 See CBOE Rule 6.45. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47417 and Non-FLEX Options reflect the publishes its reasons for so finding or (‘‘Commission’’) the proposed rule institutional nature of the market for (ii) as to which the Exchange consents, change as described in Items I, II, and FLEX Options and the fact that the the Commission will: III below, which Items have been CBOE must compete with over-the- (a) By order approve such proposed prepared by the self-regulatory counter markets throughout the world, rule change, or organization. The Commission is many of which do not impose any (b) Institute proceedings to determine publishing this notice to solicit position or exercise limits whatsoever. whether the proposed rule change comments on the proposed rule change Also, the Exchange proposes to should be disapproved. from interested persons. provide that the expiration date of a FLEX Equity Option may not fall on a IV. Solicitation of Comments I. Self-Regulatory Organization’s Statement of the Terms of Substance of day that is within two business days of Interested persons are invited to the Proposed Rule Change the expiration date of a Non-FLEX submit written data, views and Equity Option. This is intended to arguments concerning the foregoing. The Exchange is proposing to amend eliminate the possibility that the Persons making written submissions its Schedule of Rates for Exchange exercise of FLEX Equity Options at should file six copies thereof with the Services. expiration will cause any untoward Secretary, Securities and Exchange II. Self-Regulatory Organization’s pressure on the market for underlying Commission, 450 Fifth Street, NW., Statement of the Purpose of and securities at the same time as Non-FLEX Washington, DC 20549. Copies of the Statutory Basis for, the Proposed Rule Options expire. The Exchange proposes submission, all subsequent Change that this change will also apply to FLEX amendments, all written statements Index Options.15 with respect to the proposed rule In its filing with the Commission, the The Exchange believes that the change that are filed with the self-regulatory organization included statements concerning the purpose of proposed rule change is consistent with Commission, and all written and basis for the proposed rule change Section 6 of the Act, in general, and communications relating to the and discussed any comments it received furthers the objectives of Section 6(b)(5) proposed rule change between the 16 on the proposed rule change. The text of the Act, in particular, in that it is Commission and any person, other than of these statements may be examined at designed to promote just and equitable those that may be withheld from the the places specified in Item IV below. principles of trade, remove public in accordance with the The self-regulatory organization has impediments to and perfect the provisions of 5 U.S.C. 552, will be prepared summaries, set forth in mechanism of a free and open market available for inspection and copying in Sections A, B, and C below, of the most and a national market system, and to the Commission’s Public Reference significant aspects of such statements. protect investors and the public interest Section, 450 Fifth Street, NW., in that extending the existing FLEX Washington, DC. Copies of such filing A. Self-Regulatory Organization’s Option program to encompass FLEX will also be available for inspection and Statement of the Purpose of, and Options on specified equity securities copying at the principal office of the Statutory Basis for, the Proposed Rule will for the first time provide investors CBOE. All submissions should refer to Change with a regulated, transparent exchange File No. SR–CBOE–95–43 and should be 1. Purpose market in flexible options on individual submitted by October 3, 1995. equity securities. The Exchange is proposing to amend For the Commission, by the Division of its Schedule of Rates for Exchange (B) Self-Regulatory Organization’s Market Regulation, pursuant to delegated Services as follows: First, the Exchange Statement on Burden on Competition authority.17 is proposing to reduce its fee for The Exchange does not believe that Margaret H. McFarland, transfers of membership that are made the proposed rule change will impose Deputy Secretary. on a temporary basis. Currently, the fee any inappropriate burden on [FR Doc. 95–22536 Filed 9–11–95; 8:45 am] for certain intra-organizational transfers competition. BILLING CODE 8010±01±M of membership (temporary or 2 (C) Self-Regulatory Organization’s permanent) is $250.00. Under the Statement on Comments on the [Release No. 34±36187; File No. SR±PSE± proposal, if a transfer of membership is Proposed Rule Change Received From 95±19] made on a temporary basis (e.g., while Members, Participants, or Others a member is away on vacation), the Self-Regulatory Organizations; Notice amount of the fee would be $100.00.3 Written comments on the proposed of Filing and Immediate Effectiveness Second, the Exchange is proposing to rule change were neither solicited nor of Proposed Rule Change by the eliminate its charge of $0.005 per share received. Pacific Stock Exchange Incorporated on net outgoing market maker principal III. Date of Effectiveness of the Relating to the Amendment of the Proposed Rule Change and Timing for Schedule of Rates for Exchange 2 See PSE Rule 1.10(a)(ii). Commission Action Services 3 The Exchange has represented that a temporary transfer of membership is one made for 30 days or Within 35 days of the date of September 5, 1995. less. The Commission notes that the current publication of this notice in the Federal language of PSE Rule 1.10(a)(ii) provides for a Pursuant to Section 19(b)(1) of the $250.00 fee for the temporary transfers of Register or within such longer period (i) Securities Exchange Act of 1934 membership and, therefore, conflicts with the as the Commission may designate up to (‘‘Act’’),1 notice is hereby given that on proposed amendment. To remedy this conflict, the Exchange has further represented that it will submit 90 days of such date if it finds such August 22, 1995 the Pacific Stock longer period to be appropriate and a filing in the near future that, among other things, Exchange Incorporated (‘‘PSE’’ or will conform PSE Rule 1 to the proposed ‘‘Exchange’’) filed with the Securities amendment and make it clear that a temporary 15 CBOE Rule 24A.4(c)(iv) currently provides that and Exchange Commission transfer of membership, for the purposes of the the expiration date of a FLEX Index Option may not proposed amendment, is one for 30 days or less. fall within three business days of the expiration Telephone conversation between Michael D. date of a Non-FLEX Index Option. 17 17 CFR 200.30–3(a)(12) (1994). Pierson, Senior Attorney, PSE and Glen Barrentine, 16 15 U.S.C. 78f(b)(5) (1988). 1 15 U.S.C. 78s(b)(1). Team Leader, SEC (Aug. 30, 1995). 47418 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices trades executed over the Intermarket Commission that such action is Corex is currently in need of additional Trading System (‘‘ITS’’). Third, the necessary or appropriate in the public capital, and PVLP II can only offer this Exchange is proposing to reduce its interest, for the protection of investors, assistance to Corex upon receipt of a systems fee for equity specialists from or otherwise in furtherance of the prior written exemption from SBA. This $1,700 per month per cost to $1,550 per purposes of the Act. exemption is the basis for this notice. month per post. This change represents Notice is hereby given that any person a reduction in the workstation IV. Solicitation of Comments may, not later than 15 days from the component (two personal computers) of Interested persons are invited to date of publication of this Notice, the specialist system fee. Fourth, the submit written data, views, and submit written comments on this Exchange is proposing to reduce its P/ arguments concerning the foregoing. exemption request to the Associate COAST 4 workstation fee for floor Persons making written submissions Administrator for Investment, Small brokers (one personal computer) from should file six copies thereof with the Business Administration, 409 3rd Street, $250.00 per month to $175.00 per Secretary, Securities and Exchange SW, Washington, DC 20416. month. Fifth, the Exchange is proposing Commission, 450 Fifth Street, N.W., A copy of this Notice will be to reduce its charge for additional Washington, D.C. 20549. Copies of the published in a newspaper of general personal computers from $200.00 per submission, all subsequent circulation in Brookline, Massachusetts. month per personal computer to amendments, all written comments with (Catalog of Federal Domestic Assistance $175.00 per month per personal respect to the proposed rule change that Programs No. 59.011, Small Business computer. The purpose of the proposed are filed with the Commission, and all Investment Companies) changes is to ensure that the subject written communications relating to the Dated: August 29, 1995. rates and charges are fair and proposed rule change between the Robert D. Stillman, competitive. Commission and any person, other than Associate Administrator for Investment. 2. Statutory Basis those that may be withheld from the [FR Doc. 95–22571 Filed 9–11–95; 8:45 am] public in accordance with the BILLING CODE 8025±01±P The Exchange believes the proposed provisions of 5 U.S.C. § 552, will be rule change is consistent with Section available for inspection and copying at (6)(b) of the Act 5 in general and furthers the Commission’s Public Reference 6 DEPARTMENT OF TRANSPORTATION the objectives of Section 6(b)(4) in Section, 450 Fifth Street, N.W., particular in that it provides for the Washington, D.C. 20549. Copies of such Federal Highway Administration equitable allocation of reasonable dues, filing also will be available for fees, and other charges among the inspection and copying at the principal National Highway Traffic Safety Exchange’s members and other persons office of the Pacific Stock Exchange. All Administration using its facilities. submissions should refer to File No. [NHTSA Docket No. 93±55, Notice 3] B. Self-Regulatory Organization’s SR–PSE–95–19 and should be submitted Statement on Burden on Competition by October 3, 1995. RIN 2127±AF94 The proposed rule change does not For the Commission, by the Division of Pilot State Highway Safety Program impose any burden on competition that Market Regulation, pursuant to delegated 9 is not necessary or appropriate in authority. AGENCY: Federal Highway furtherance of the purposes of the Act. Margaret H. McFarland, Administration and National Highway Deputy Secretary. Traffic Safety Administration, DOT. C. Self-Regulatory Organization’s [FR Doc. 95–22537 Filed 9–11–95; 8:45 am] ACTION: Notice of waiver. Statement on Comments on the Proposed Rule Change Received From BILLING CODE 8010±01±M SUMMARY: The Federal Highway Members, Participants, or Others Administration (FHWA) and the National Highway Traffic Safety The Exchange has neither solicited SMALL BUSINESS ADMINISTRATION nor received written comments on the Administration (NHTSA) are proposed rule change. [License No. 01/71±0363] announcing the creation of a pilot highway safety program for fiscal year III. Date of Effectiveness of the Proposed Pioneer Ventures Limited Partnership 1996 State highway safety programs Rule Change and Timing for II; Notice of Request for Exemption under 23 U.S.C. 402, and the waiver of Commission Action certain procedures for States that have On June 27 1995, Pioneer Ventures elected to participate in the pilot The foregoing rule change constitutes Limited Partnership II (‘‘PVLP II’’), a program. or changes a due, fee, or other charge Massachusetts limited partnership and imposed by the Exchange and, therefore, SBIC Licensee number 01/71–0363 filed EFFECTIVE DATE: September 12, 1995. has become effective pursuant to a request to the SBA pursuant to Section FOR FURTHER INFORMATION CONTACT: In 7 Section 19(b)(3)(A) of the Act and 107.903(b) of the Regulations governing NHTSA, Marlene Markison, Office of subparagraph (e) of Rule 19b–4 small business investment companies State and Community Services, 202– 8 thereunder. (13 CFR 107.903(b)(1995)) for an 366–2121; John Donaldson, Office of the At any time within sixty days of the exemption allowing the Licensee to Chief Counsel, 202–366–1834. In filing of such proposed rule change, the invest in Corex Technologies FHWA, Mila Plosky, Office of Highway Commission may summarily abrogate Corporation (Corex), of Brookline Safety, 202–366–6902; Paul Brennan, such rule change if it appears to the Massachusetts. Corex received prior Office of the Chief Counsel, 202–366– financial assistance from an Associate 0834. 4 P/COAST stands for Pacific Computerized Order Access SysTem. (as defined by Section 107.3 of the SBA SUPPLEMENTARY INFORMATION: 5 Regulations) of PVLP II, and has itself 15 U.S.C. 78f(b). Background 6 15 U.S.C. 78f (b)(4). become an Associate of the Licensee. 7 15 U.S.C. 78s(b)(3)(A). The Highway Safety Act of 1966 (23 8 17 CFR 240.19b–4. 9 17 CFR 200.30–3(a) (12). U.S.C. 401 et seq.) established a formula Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47419 grant program to improve highway burdens to the States under the accordance with their program needs. safety in the States. As a condition of President’s regulatory reform initiative, However, pilot States will still have to the grant, the States must meet certain the agencies have established a pilot submit an updated HS Form 217 requirements contained in 23 U.S.C. program for fiscal year 1996 highway reflecting the change, in the former case, 402. Section 402(a) requires each State safety programs. The details of the pilot and follow the increased cost-sharing to have a highway safety program, program have been discussed at length requirements for projects exceeding approved by the Secretary of with the States during the planning three years, in the latter case. Transportation, which is designed to stages, and appeared in the Appendix to States following the pilot program reduce traffic accidents and the deaths, this notice. In brief outline, the pilot procedures must continue to comply injuries, and property damage resulting program replaces the requirement for with all statutory requirements from those accidents. Section 402(b) sets State submission and Federal approval contained in 23 U.S.C. 402, and the forth the minimum requirements with of a Highway Safety Plan with a Governor’s Representative for Highway which each State’s highway safety benchmarking process by which the Safety shall sign a certification program must comply. For example, the State sets its own performance goals. statement to that effect. In addition, Secretary may not approve a program The agencies have queried each State Federal regulations having government- unless it provides that the Governor of about its interest in participating in the wide applicability will continue to the State is responsible for its pilot program for the fiscal year 1996 apply, and are also referenced in the administration through a State highway highway safety program. This notice certification statement to be signed by safety agency which has adequate lists those States that have chosen to the Governor’s Representative for powers and is suitably equipped and become participants and waives existing Highway Safety. organized to carry out the program to procedures for these participants, to the Authority: 23 U.S.C. 315 and 402; 49 CFR the satisfaction of the Secretary. extent that they are inconsistent with 1.48 and 1.50. Additionally, the program must the pilot program, for the duration of Issued on: September 7, 1995. authorize political subdivisions of the fiscal year 1996. This wavier does not Ricardo Martinez, State to carry out local highway safety affect any provisions specifically programs and provide a certain National Highway Traffic Safety imposed by statute or by publications of Administrator. minimum level of funding for these Government-wide applicability (e.g., 49 local programs each fiscal year. The Rodney E. Slater, CFR Part 18, OMB Circulars). Assuming Federal Highway Administrator. enforcement of these and other the pilot program is successful, the requirements is entrusted to the agencies expect to revise the regulations Appendix—Fiscal year 1996 Pilot State Secretary and, by delegation, to FHWA governing the State highway safety Highway Safety Program and NHTSA (the agencies). program to permanently accommodate A State participating in the pilot program The agencies currently administer the the pilot procedures. must continue in that program through the program in accordance with an completion of the highway safety program implementing regulation, Uniform States Participating in the Fiscal Year cycle, including submission of the annual Procedures for State Highway Safety 1996 Pilot Program evaluation report and final voucher. Prior to August 1, 1995, the States were Programs (23 CFR Part 1200) (the The following States have elected to Uniform Procedure Rule), which advised to prepare a planning document participate in the pilot program for describing how the Federal highway safety contains procedures for the submission, fiscal year 1996: funds will be used consistent with the content, and approval of each State’s Alaska guidelines, priority areas, and other Highway Safety Plan and requirements California requirements established under Section 402. for implementation, management, and Colorado The planning document shall be formally closeout of each year’s Highway Safety Delaware approved and adopted by the Governor’s Plan. A number of other requirements Illinois Representative for Highway Safety (GR). It apply to the Section 402 program, Indiana serves as the basis for the State’s including those generally appearing in Maryland development of the financial elements Massachusetts identified in the HS Form 217 discussed Chapter II of Title 23 CFR and such below. Unlike the Highway Safety Plan, there government-wide provisions as the New York North Dakota is no requirement that this planning Uniform Administrative Requirement Ohio document be approved by NHTSA and for Grants and Cooperative Agreements Pennsylvania FHWA. Instead, by August 1, the State to State and Local Governments (49 CFR South Dakota planning document is to be sent to the Part 18) and the various Office of Utah NHTSA Regional Administrator (RA) and the Management and Budget (OMB) West Virginia FHWA Division Administrator (DA) for Circulars containing cost principles and Wisconsin information. If the RA and/or DA observe audit requirements (e.g., OMB Circulars elements of the plan that are not authorized Waiver by section 402 or otherwise not in A–21, A–87, A–122, A–128, and A– Any provisions of 23 CFR Chapter II accordance with law, they will notify the 133). State, which shall take appropriate corrective In the years since enactment of which conflict with the procedures of action. Section 402, States have developed and the pilot program are waived for the As soon as practicable after August 1, 1995, deployed the resources necessary to States listed above for fiscal year 1996. and in any event prior to fund disbursement, conduct mature and highly effective Pilot States will instead follow the the State shall submit (1) a certification highway safety programs. The agencies procedures appearing in the Appendix. statement and (2) a benchmark report to have become aware of interest on the For example, pilot States will not have NHTSA/FHWA. (Note: At the State’s option, part of some States in assuming more to seek approval for changes involving the planning document, certification transfers of funds between program statement, and benchmark report may be responsibility for the planning and combined into one document.) direction of their programs, with a areas or for continuing projects beyond The certification statement, signed by the decreased emphasis on detailed Foreign three years. Instead, these States may GR, shall provide formal assurances oversight. In response to that interest, unilaterally move funds between regarding the State’s compliance with and consistent with efforts to relieve program areas and extend projects in applicable laws and financial and 47420 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices programmatic requirements pertaining to the (CODES) are examples of the data bases from date even though a State can request an Federal grant. (To assure that States are well which to select appropriate performance extension of up to 90 days for submission of informed of their responsibilities, NHTSA measures. The types of data available will the final voucher. and FHWA will provide every State with an vary from State to State. In all cases, the up-to-date manual (the Highway Safety Grant measures used must be ones that are reliable, Moving From a Process-Dominated to an Management Manual) containing pertinent readily available, and reasonable in Outcome-Based Approach Federal requirements and policies.) measuring the outcome of a good highway Implementation of this new approach will The benchmark report shall have three safety program. establish new roles and relationships for both components: Not all items in a State’s planning Federal and State participants. The 1. Process Description—This component document will directly correlate to one involvement of the NHTSA and FHWA field shall contain a brief description of the specific goal. Certain programs and staff in the operational aspects of a State process(es) used by the State to: (1) Identify countermeasures have an impact on several highway safety program will entail a its highway safety problems, (2) establish its goals or on an overall program area. For minimum of two formal strategic planning proposed performance goals and (3) develop example, Standardized Field Sobriety Testing meetings per year to discuss implementation the programs/projects in its plan. (SFST) training may affect all of a State’s issues and needs that NHTSA/FHWA can The description shall specify the alcohol goals. Examples of performance meet. During these sessions, the regional, participants in the three processes (such as measures are included in the final section of division and State representatives will State and local organizations, Highway Safety this appendix. review each State’s progress toward Committees or Task Forces, SMS group, 3. HS Form 217, the ‘‘Highway Safety identifying and meeting its goals and will private entities), the data and information Program Cost Summary’’ discuss and negotiate strategies being used. sources used (including how recent and why This form reflects the State’s proposed The degree and level of technical utilized), and the criteria and/or strategies for allocation of funds, including carry-forward assistance in functional matters provided by program and project selections (such as funds, by program area. The allocations shall NHTSA and FHWA will be determined at locations or groups targeted due to special be based on the State’s identified these meetings. National and regional needs or problems, ongoing activities, performance goals and its planning NHTSA and FHWA staff have special training needs). The description should focus document. The funding level used shall be an expertise and can provide a national on links between identified problems, estimate of available funding in the perspective on outcome approaches (best performance goals, and activities selected. upcoming fiscal year. After the exact amount practices, newest countermeasures), This Process Description need not be lengthy. of annual Federal funding has been marketing, training, data analysis, evaluation, An annotated flow chart may provide determined, the State shall submit the financial management, and program sufficient information. revised or ‘‘initial obligating’’ HS Form 217. development. (Of course, these same regional 2. Performance goals—The heart of the The amount of Federal funds reflected on the services will be available to States choosing benchmark report is the State’s description of revised HS Form 217 shall not exceed the to continue working under the existing HSP its highway safety performance goals. Each obligation limitation. A subsequent revised procedures.) State shall establish performance goals HS Form 217 shall be submitted for any Examples of Performance Measures (including target dates) and identify the changes made by the State to those data This section contains examples of highway performance measures it will use to track elements appearing on the form (i.e., program safety performance measures to assist States progress toward each goal and its current area, P&A limitation, 40% local funding, in formulating their goals. In addition to (baseline) status with regard to these matches). those identified below, other measures might measures. Federal approval of each State’s highway include societal costs, CODES data, hospital A State’s selection of appropriate long- and safety program will be in the form of a letter head injury and similar injury data, etc. short-term goals should evolve from the from NHTSA and FHWA to the Governor and Measures must be reliable, readily available, problem identification process and be GR acknowledging the State’s submission of consistent with guidelines and priority areas and reasonable as representing the outcome a certification statement, benchmark report, of a good highway safety program. (The established under Section 402. It will not be and planning document that comply with all national FARS average or norm for each necessary to address all national priority requirements described above. measure, if available, appears in areas in the new benchmarking system. parentheses.) While NHTSA is required by statute to Annual Evaluation Report identify those programs most effective in Within 90 days after the end of the fiscal Overall Highway Safety Indices addressing national highway safety priority year, each State shall submit an Annual State fatality rate per 100M vehicle miles program areas for the use of Section 402 Evaluation Report. This report shall address: (1.7) funds, States have latitude to determine their 1. State progress toward performance goals, % motor vehicle collisions with non-motor own highway safety problems, goals, and using performance measures identified in the vehicle (17%) program emphasis. initial fiscal year benchmark report. Number of pedestrians or bicyclists injured A State might include goals as broad as 2. Steps taken toward meeting the State or killed ‘‘decreasing alcohol-related crashes in the goals identified in the benchmark report, Alcohol State by X percent or X number by year 2010 which may include administrative measures from X percent or X number (baseline).’’ On such as the number of training courses given Drivers in fatal crashes with BACs > .00, .08, the other hand, the State goal might be as and people trained, and the number of .10 (State limit) specific as ‘‘reducing alcohol-related deaths/ citations issued for not using child safety Drivers in fatal crashes, ages 15–20, with injuries of youth ages 16–20 in the State by seats or safety belts; and BACs> .00, .08, .10 (State limit) X percent of all State youth.’’ When long- 3. Descriptions of State and community % alcohol-related crashes (42%) term goals are identified, the State should projects funded during the year. % alcohol-related fatalities consider setting interim targets. States are strongly encouraged to set % alcohol-related injuries Moving from a process to an outcome ambitious goals and implement programs to Conviction rates for DUI/DWI approach requires that a set of outcome achieve those goals. States will not be Occupant Protection measures be established that represent the penalized or sanctioned for not meeting % motor vehicle occupants (MVO) restrained status of key traffic safety programs at the identified performance goals. However, (National State Survey 67%) State level, including those programs that are where little or no progress toward goals is % MVO fatalities restrained (35%) National Priority Program Areas which the perceived, as described in the annual % MVO injuries restrained State has chosen to address. There are many evaluation report or discussed in periodic % MVO youth fatalities (age 15–20) sources for these measures. The Fatal meetings, NHTSA and FHWA staff will restrained (35%) Accident Reporting System (FARS), restraint recommend changes in strategies, usage surveys, State emergency medical countermeasures, or goals. Child Safety services and police enforcement systems, and As under the current procedures, there can % MVO fatalities age 0–4 restrained (70%) Crash Outcome Data Evaluation System be no extensions for the annual report due % MVO injuries age 0–4 restrained Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47421 % MVO fatalities age 0–4 unrestrained Unknown % for occupant protection commercial motor vehicles in interstate Emergency Medical Services fatalities (10%) commerce and are subject to Federal Unknown/untested % for fatal driver BAC Time of crash to hospital treatment (60 min preemption. The Act directs the (30%) Secretary of Transportation to conduct or less) Unknown % of time of crash to hospital Time of crash to response time (arrival at arrival (50%) rulemaking proceedings to determine crash site) Entering data within a specific time whether State laws may be preempted. Motorcycle Safety Linking data systems The proceedings may be pursuant to the % motorcyclists helmeted (restraint survey) Injury Prevention Goals Secretary’s own initiative or the petition of any interested person. 49 U.S.C. % motorcycle fatalities helmeted (60%) (See subject categories) % motorcycle injuries helmeted 31141. % motorcycle fatalities with properly [FR Doc. 95–22598 Filed 9–7–95; 2:03 pm] The Commercial Motor Vehicle Safety licensed drivers (41%) BILLING CODE 4910±59±M Regulatory Review Panel, which was % motorcycle fatalities alcohol-involved established by the Act to analyze State (51%) commercial motor vehicle safety laws % motorcycle injuries alcohol-involved [FHWA Docket No. MC±94±14] Number of fatal or serious head injuries and regulations, notified the FHWA in its final report in August 1990 that a Pedestrian Safety State Commercial Motor Vehicle Safety Law Affecting Interstate Commerce; State of Mississippi law was Number/% urban predestrain fatalities at Notice of Preemption Determination incompatible with Federal regulations. intersections or crossings (35%) The law in question exempts vehicles Number/% alcohol-impaired pedestrian AGENCY: Federal Highway engaged in certain industries, such as fatalities 16 yrs and older (36%) Administration (FHWA), DOT. Number/% total fatalities or serious injuries lumber and gravel hauling and farming, that are pedestrian in given jurisdiction ACTION: Notice of determination of from compliance with State motor Number/% urban pedestrian injuries preemption of State of Mississippi carrier safety laws and regulations. Number/% rural pedestrian injuries commercial motor vehicle safety law. On July 15, 1994, the FHWA initiated Bicycle Safety a rulemaking proceeding to review the SUMMARY: The FHWA has reviewed a State of Mississippi law. 59 FR 36252. % pedacycle fatalities helmeted (no national State of Mississippi commercial motor norm) All interested persons were invited to vehicle safety law and determined that submit comments to the rulemaking % pedacycle fatalities ages 26–39 alcohol- it is incompatible with Federal impaired (26%) docket. The only comment received was regulations. This review is required by Speed from the Advocates for Highway Safety, the Motor Carrier Safety Act of 1984 which agreed with the preliminary % fatal crashes with speed as a contributing (Pub. L. 98–554, 98 Stat. 2832). The determination of preemption on the factor (31%) FHWA has determined that the State Number of speed-related fatalities / fatal grounds that the exemptions in the State law is preempted by Federal law and of Mississippi law are not provided in crashes may not be in effect and enforced with Monitoring changes in average speeds overall Federal regulations. and on specific types of roadways respect to commercial motor vehicles in The specific provisions which were (interstate, other 55–60 mph roads) interstate commerce. reviewed, and preliminarily found to be Youth EFFECTIVE DATE: This preemption preempted as they apply to interstate determination is effective September 12, (National performance measures from above commerce, are found in Section 77–7– plus:) 1995. 16(3)(g)–(i), Mississippi Code of 1972. % drivers ages 15–20 in fatal crashes with FOR FURTHER INFORMATION CONTACT: Ms. Subsection (3) exempts certain vehicles BACs >.01 (40%) Linda Taylor, Office of Motor Carriers, and operations from the provision in the % drivers ages 15–20 injured in crashes with HFO–30, (202) 366–9579; or Mr. David Code requiring the State Public Service BACs >.01 Sett, Office of the Chief Counsel, HCC– Commission to ‘‘promulgate as its own Total fatalities per 100K involving registered 20, (202) 366–0834; Federal Highway and enforce the rules, regulations, drivers, ages 15–20 Administration, 400 Seventh Street SW., requirements and classifications of the Total fatalities per 100 million VMT for youth, ages 15–20 Washington, DC 20590. Office hours are United States Department of Total injuries per 100K registered drivers, from 7:45 a.m. to 4:15 p.m., e.t., Monday transportation or any successor federal ages 15–20 through Friday, except Federal holidays. agency charged with regulation of motor Total injuries per 100 million VMT for youth, SUPPLEMENTARY INFORMATION: Under the vehicle safety.’’ Included in the ages 15–20 United States Constitution, the Congress exemption are: % MVO fatalities, ages 15–20, restrained is granted the power to regulate (g) Motor vehicles owned and (35%) interstate commerce. In the Motor operated by any farmer who: Police Traffic Services Carrier Safety Act of 1984 (the Act), the (i) Is using the vehicle to transport (See subject categories) Congress authorized the Secretary of agricultural products from a farm owned Roadway Safety Transportation to issue regulations by the farmer, or to transport farm pertaining to the safety of commercial machinery or farm supplies to or from Work zone fatalities a farm owned by the farmer; Work zone injuries (included M.V. motor vehicles in interstate commerce. occupants, peds, & work personnel) 49 U.S.C. 31136. The Congress did not (ii) Is not using the vehicle to Number of Highway-railroad grade crossing choose to wholly occupy the field, transport hazardous materials of a type crashes—number of injuries or fatalities however, and States are not precluded and quantity that requires the vehicle to Number of flaggers injured or killed from such regulation insofar as the State be placarded in accordance with the Number of workers injured or killed laws are compatible with and have the Federal Hazardous Material Regulations Traffic Records same effect as Federal regulations. in CFR 49 part 177.823; and Number of personnel trained in record State laws which are incompatible (iii) Is using the vehicle within one collection, data input, and data analysis with and do not have the same effect as hundred fifty (150) air miles of the Number of high accident locations identified Federal regulations may not be in effect farmer’s farm, and the vehicle is a and improved and enforced with respect to private motor carrier of property. 47422 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices (h) Motor vehicles engaged in the only to certain State of Mississippi certifies its conformance to all transportation of logs and pulpwood commercial motor vehicle safety laws applicable Federal safety and bumper between the point of harvest and the insofar as they apply to vehicles in standards. The vehicle completed by first point of processing the harvested interstate commerce. State of Cantab in the U.S. is deemed product; Mississippi laws applicable only to sufficiently different from the one (i) Motor vehicles engaged exclusively vehicles in intrastate commerce are not produced in Britain that NHTSA in hauling gravel or other subject to preemption, and, moreover, considers Cantab the manufacturer, not unmanufactured road building appear to be compatible for purposes of a converter, even though the brand materials. the Motor Carrier Safety Assistance names are the same. The Federal Motor Carrier Safety Program because they fall within the Morgan itself produced 478 cars in Regulations (FMCSRs) do not contain Tolerance Guidelines. 49 CFR Part 350, 1994, while in the year preceding the compatible exemptions. Generally, the app. C. filing of its petition in June 1995, the FMCSRs do not allow industry-based applicant produced 9 cars for sale in the (49 U.S.C. 31141; 23 U.S.C. 315; 49 CFR 1.48) exemptions. State laws which provide United States. Since the granting of its such exemptions for vehicles in Issued on: August 31, 1995. original exemption in 1990, Cantab has interstate commerce are deemed less Rodney E. Slater, invested $38,244 in research and stringent than the FMCSRs. Federal Highway Administrator. development related to compliance with Drivers of farm vehicles, such as [FR Doc. 95–22564 Filed 9–11–95; 8:45 am] Federal safety and emissions standards. defined in paragraph (g) of the BILLING CODE 4910±22±P The applicant has experienced a net loss Mississippi Code, do have limited (49 in each of its last three fiscal (calendar) CFR 391.67, articulated vehicles) and years, with a cumulative net loss for this full (49 CFR 391.2(c), nonarticulated National Highway Traffic Safety period of $92,594. vehicles) exemptions from driver Administration Application for Exemption From qualification requirements of Part 391 of [Docket No. 95±53; Notice 2] the FMCSRs. Unlike the Mississippi Standard No. 208 Code, however, the FMCSRs do not Cantab Motors, Ltd., Grant of Cantab received NHTSA Exemption exempt farm vehicles or their drivers Application for Temporary Exemption No. 90–3 from S4.1.2.1 and S4.1.2.2 of from any other motor carrier safety From Federal Motor Vehicle Safety Standard No. 208, which expired May 1, requirements. Paragraph (g) is, therefore, Standards No. 208 and 214 1993 (55 FR 21141). When this determined to be preempted insofar as exemption was granted in 1990, the it provides exemptions for farm vehicles Cantab Motors, Ltd., of Round Hill, applicant had concluded that the most not found in the FMCSRs. Va., applied for a temporary exemption feasible way for it to conform to the The exemptions in paragraphs (h) and of two years from paragraph S4.1.4 of automatic restraint requirements of (i) for gravel and log haulers have no Federal Motor Vehicle Safety Standard Standard No. 208 was by means of an parallels in the FMCSRs. Each of these No. 208 Occupant Crash Protection, and automatically deploying belt. In the provisions in the Mississippi Code are for three years from Federal Motor period following the granting of the therefore incompatible with the Vehicle Safety Standard No. 214 Side exemption, Morgan and the applicant FMCSRs and are determined to be Impact Protection. The basis of the created a mock-up of the Morgan preempted. application was that compliance will passenger compartment with seat belt Insofar as these exemptions affect cause substantial economic hardship to hardware and motor drive assemblies. vehicles in interstate commerce, they a manufacturer that has tried to comply In time, it was determined that the belt are contrary to the guideline for with the standard in good faith. track was likely to deform, making it regulatory review in 49 CFR Part 355, Notice of receipt of the application inoperable. The program was app. A, which provides that the was published on July 14, 1995, and an abandoned, and Morgan and Cantab ‘‘requirements must apply to all opportunity afforded for comment (60 embarked upon research leading to a segments of the motor carrier industry.’’ FR 36328). dual airbag system. Because the exemptions are less The make and type of passenger car According to the applicant, Morgan stringent than Federal regulations, the for which exemption was requested is tried without success to obtain a State law is preempted and shall not be the Morgan open car or convertible. suitable airbag system from Mazda, in effect and enforced by the State of Morgan Motor Company (‘‘Morgan’’), Jaguar, Rolls-Royce and Lotus. As a Mississippi with respect to commercial the British manufacturer of the Morgan, result, Morgan is now developing its motor vehicles in interstate commerce. has not offered its vehicle for sale in the own system for its cars, and ‘‘[a]s many 49 U.S.C. 31141. United States since the early days of the as twelve different sensors, of both the Any person, including the State of Federal motor vehicle safety standards. impact and deceleration (sic) type, have Mississippi, may petition the FHWA for In the nine years it has been in business, been tested and the system currently a waiver from a preemption the applicant has bought 35 incomplete utilizes a steering wheel from a Jaguar determination. 49 U.S.C. 31141(d). A Morgan cars from the British and the Land Rover Discovery steering petitioner is afforded the opportunity manufacturer, and imported them as column.’’ Redesign of the passenger for a hearing on the record. A waiver motor vehicle equipment, completing compartment is underway, involving may be granted if it is demonstrated that manufacture by the addition of engine knee bolstering, a supplementary seat the waiver is not contrary to the public and fuel system components. They belt system, anti-submarining devices, interest and is consistent with the safe differ from their British counterparts, and the seats themselves. Morgan operation of commercial motor vehicles. not only in equipment items and informed the applicant on May 2, 1995, Any person adversely affected by this modifications necessary for compliance that it had thus far completed 10 tests determination may also file a petition with the Federal motor vehicle safety on the mechanical components involved for judicial review of the determination standards, but also in their fuel system ‘‘and are now carrying out a detailed in the United States Court of Appeals. components and engines, which are assessment of air bag operating systems It should be reemphasized that this propane fueled. As the party completing and columns before we will be in a preemption determination is applicable manufacture of the vehicle, Cantab position to undertake the full set of Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47423 appropriate tests to approve the 208. The applicant has been monitoring Issued on September 7, 1995. installation in our vehicles.’’ Morgan’s progress, and that company is Ricardo Martinez, engaging in testing and design activities Application for Exemption From Administrator. necessary for eventual conformance. Standard No. 214 [FR Doc. 95–22605 Filed 9–11–95; 8:45 am] The fact that the applicant is requesting BILLING CODE 49l0±59±P Concurrently, Morgan and the only a two-year exemption, rather than applicant have been working towards three, indicates its belief that complying meeting the dynamic test and operator and passenger airbags will at [Docket No. 95±52; Notice 2] performance requirements for side last be fitted to its cars by the end of this Decision that Nonconforming 1992 impact protection, for which Standard period. Mercedes-Benz 300CE Passenger Cars No. 214 has established a phase-in Similarly, the applicant is dependent are Eligible for Importation schedule. Although Morgan fits its car upon the structural design of its vehicle with a dual roll bar system specified by for compliance with Standard No. 214. AGENCY: National Highway Traffic Cantab, and Cantab installs door bars As with Standard No. 208, Morgan and Safety Administration (NHTSA), DOT. and strengthens the door latch the applicant are working towards ACTION: Notice of decision by NHTSA receptacle and striker plate, the system conformance, though apparently it will that nonconforming 1992 Mercedes- does not yet conform to the new not be achieved within two years. In Benz 300CE passenger cars are eligible requirements of Standard No. 214, and both instances, however, the applicant for importation. the applicant has asked for an is conscious of the need to conform and exemption of three years. It does, has been taking steps to accomplish it. SUMMARY: This notice announces the however, meet the previous side door Although the company’s total decision by NHTSA that 1992 strength requirements of the standard. expenditure of $38,244 in the last five Mercedes-Benz 300CE passenger cars Were the phase-in requirement of S8 years to meet emission and safety not originally manufactured to comply applied to it, calculated on the basis of requirements is low, the small number with all applicable Federal motor its limited production, only very few of cars produced for sale in the United vehicle safety standards are eligible for cars would be required to meet the States in the last year, nine, would not importation into the United States standard. make available substantial funds to the because they are substantially similar to Safety and Public Interest Arguments company, and its cumulative net losses a vehicle originally manufactured for importation into and sale in the United Because of the small number of of $92,594 indicate an operation whose financial existence is precarious. States and certified by its manufacturer vehicles that the applicant produces and as complying with the safety standards its belief that they are used for pleasure Applicant’s cars are equipped with manual three-point restraint systems (the U.S.-certified version of the 1992 rather than daily for business Mercedes-Benz 300CE), and they are commuting or on long trips, and and comply with previous side impact intrusion requirements. Because capable of being readily altered to because of the three-point restraints and conform to the standards. side impact protection currently offered, applicant produces only one line of DATE: This decision is effective as of the applicant argued that an exemption vehicles, it cannot take advantage of the September 12, 1995. would be in the public interest and phase-in requirement. Given the consistent with safety. It brought to the existing level of safety of the vehicles FOR FURTHER INFORMATION CONTACT: agency’s attention two recent oblique and the comparatively small exposure of George Entwistle, Office of Vehicle front impact accidents at estimated the small number of them that would be Safety Compliance, NHTSA (202–366– speeds of 30 mph and 65 mph produced under an exemption, there 5306). would appear to be an insignificant risk respectively in which the restrained SUPPLEMENTARY INFORMATION: occupants ‘‘emerged unscathed.’’ to traffic safety by providing an Further, the availability ‘‘of this exemption. The public interest is served Background unique vehicle . . . will help maintain by maintaining the existence of small Under 49 U.S.C. 30141(a)(1)(A) the existing diversity of motor vehicles businesses and by creating awareness of (formerly section 108(c)(3)(A)(i) of the available to the U.S. consumer.’’ Finally, alternative power sources. National Traffic and Motor Vehicle ‘‘the distribution of [this] propane- In consideration of the foregoing, it is Safety Act (the Act)), a motor vehicle fueled vehicle has contributed to the hereby found that to require immediate that was not originally manufactured to national interest by promoting the compliance with Standards Nos. 208 conform to all applicable Federal motor development of motor systems by using and 214 would cause substantial vehicle safety standards shall be refused alternate fuels.’’ economic hardship to a manufacturer admission into the United States unless No comments were received on the that has in good faith attempted to meet NHTSA has decided that the motor application. the standards, and that an exemption vehicle is substantially similar to a In adding only engine and fuel system would be in the public interest and motor vehicle originally manufactured components to incomplete vehicles, the consistent with the objectives of traffic for importation into and sale in the applicant is not a manufacturer of motor safety. United States, certified under 49 U.S.C. vehicles in the conventional sense. It Accordingly, the applicant is hereby § 30115 (formerly section 114 of the does not produce the front end granted NHTSA Exemption No. 95–2, Act), and of the same model year as the structural components, instrument from paragraph S4.1.4 of 49 CFR model of the motor vehicle to be panel, or steering wheel, areas of the 571.208 Motor Vehicle Safety Standard compared, and is capable of being motor vehicle whose design is critical No. 208 Occupant Crash Protection, readily altered to conform to all for compliance with the airbag expiring September 1, 1997, and from applicable Federal motor vehicle safety requirements of Standard No. 208. 49 CFR 571.214 Motor Vehicle Safety standards. These are manufactured by Morgan, and Standard No. 214 Side Impact Petitions for eligibility decisions may the applicant is necessarily dependent Protection, expiring September 1, 1998. be submitted by either manufacturers or upon Morgan to devise designs that will (49 U.S.C. 30113; delegation of authority at importers who have registered with enable conformance with Standard No. 49 CFR 1.50) NHTSA pursuant to 49 CFR Part 592. As 47424 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices specified in 49 CFR 593.7, NHTSA [Docket No. 95±73; Notice 1] NHTSA pursuant to 49 CFR Part 592. As publishes notice in the Federal Register specified in 49 CFR 593.7, NHTSA of each petition that it receives, and Notice of Receipt of Petition for publishes notice in the Federal Register Decision that Nonconforming 1987 affords interested persons an of each petition that it receives, and Nissan Stanza Passenger Cars Are affords interested persons an opportunity to comment on the petition. Eligible for Importation At the close of the comment period, opportunity to comment on the petition. NHTSA decides, on the basis of the AGENCY: National Highway Traffic At the close of the comment period, petition and any comments that it has Safety Administration, DOT. NHTSA decides, on the basis of the received, whether the vehicle is eligible ACTION: Notice of receipt of petition for petition and any comments that it has received, whether the vehicle is eligible for importation. The agency then decision that nonforming 1987 Nissan for importation. The agency then publishes this decision in the Federal Stanza passenger cars are eligible for importation. publishes this decision in the Federal Register. Register. J.K. Motors of Kingsville, Maryland SUMMARY: This notice announces receipt Liphardt & Associates of (Registered Importer R–90–006) by the National Highway Traffic Safety Ronkonkoma, New York (‘‘Liphardt’’) petitioned NHTSA to decide whether Administration (NHSTA) of a petition (Registered Importer 90–004) has 1992 Mercedes-Benz 300CE passenger for a decision that a 1987 Nissan Stanza petitioned NHTSA to decide whether cars are eligible for importation into the that was not originally manufactured to 1987 Nissan Stanza passenger cars are United States. NHTSA published notice comply with all applicable Federal eligible for importation into the United of the petition on July 18, 1995 (60 FR motor vehicle safety standards is States. The vehicle which Liphardt 36873) to afford an opportunity for eligible for importation into the United believes is substantially similar is the public comment. The reader is referred States because (1) it is substantially 1987 Nissan Stanza that was to that notice for a thorough description similar to a vehicle that was originally manufactured for importation into, and sale in, the United States and certified of the petition. No comments were manufactured for importation into and by its manufacturer as conforming to all received in response to the notice. sale in the United States and that was certified by its manufacturer as applicable Federal motor vehicle safety Based on its review of the information complying with the safety standards, standards. submitted by the petitioner, NHTSA has and (2) it is capable of being readily The petitioner claims that it carefully decided to grant the petition. altered to conform to the standards. compared the non-U.S. certified 1987 Vehicle Eligibility Number for Subject DATES: The closing date for comments Nissan Stanza to its U.S. certified Vehicles on the petition is October 12, 1995. counterpart, and found the two vehicles to be substantially similar with respect ADDRESSES: Comments should refer to The importer of a vehicle admissible the docket number and notice number, to compliance with most Federal motor vehicle safety standards. under any final decision must indicate and be submitted to: Docket Section, Liphardt submitted information with on the form HS–7 accompanying entry Room 5109, National Highway Traffic the appropriate vehicle eligibility its petition intended to demonstrate that Safety Administration, 400 Seventh St., the non-U.S. certified 1987 Nissan number indicating that the vehicle is SW, Washington, DC 20590. [Docket eligible for entry. VSP–117 is the Stanza, as originally manufactured, hours are from 9:30 am to 4 pm.] conforms to many Federal motor vehicle vehicle eligibility number assigned to FOR FURTHER INFORMATION CONTACT: safety standards in the same manner as vehicles admissible under this decision. George Entwistle, Office of Vehicle its U.S. certified counterpart, or is Final Decision Safety Compliance, NHTSA (202–366– capable of being readily altered to 5306). conform to those standards. Accordingly, on the basis of the SUPPLEMENTARY INFORMATION: Specifically, the petitioner claims that foregoing, NHTSA hereby decides that a the non-U.S. certified 1987 Nissan 1992 Mercedes-Benz 300CE (Model ID Background Stanza is identical to its U.S. certified 124.050 and 124.061) not originally Under 49 U.S.C. § 30141(a)(1)(A) counterpart with respect to compliance manufactured to comply with all (formerly section 108(c)(3)(A)(i)(I) of the with Standards Nos. 102 Transmission applicable Federal motor vehicle safety National Traffic and Motor Vehicle Shift Lever Sequence . . . ., 103 standards is substantially similar to a Safety Act (the Act)), a motor vehicle Defrosting and Defogging Systems, 104 1992 Mercedes-Benz 300CE originally that was not originally manufactured to Windshield Wiping and Washing manufactured for importation into and conform to all applicable Federal motor Systems, 105 Hydraulic Brake Systems, sale in the United States and certified vehicle safety standards shall be refused 106 Brake Hoses, 107 Reflecting under 49 U.S.C. § 30115, and is capable admission into the United States unless Surfaces, 109 New Pneumatic Tires, 111 Rearview Mirrors, 113 Hood Latch of being readily altered to conform to all NHTSA has decided that the motor Systems, 116 Brake Fluid, 118 Power applicable Federal motor vehicle safety vehicle is substantially similar to a motor vehicle originally manufactured Window Systems, 124 Accelerator standards. for importation into and sale in the Control Systems, 201 Occupant Authority: 49 U.S.C. 30141(a)(1)(A) and United States, certified under 49 U.S.C. Protection in Interior Impact, 202 Head (b)(1); 49 CFR 593.8; delegations of authority § 30115 (formerly section 114 of the Restraints, 203 Impact Protection for the at 49 CFR 1.50 and 501.8. Act), and of the same model year as the Driver From the Steering Control Issued on: September 7, 1995. model of the motor vehicle to be System, 204 Steering Control Rearward Harry Thompson, compared, and is capable of being Displacement, 205 Glazing Materials, 206 Door Locks and Door Retention Acting Director, Office of Vehicle Safety readily altered to conform to all Compliance. applicable Federal motor vehicle safety Components, 207 Seating Systems, 209 Seat Belt Assemblies, 210 Seat Belt [FR Doc. 95–22603 Filed 9–11–95; 8:45 am] standards. Petitions for eligibility decisions may Assembly Anchorages, 211 Wheel Nuts, BILLING CODE 4910±59±M be submitted by either manufacturers or Wheel Discs and Hubcaps, 212 importers who have registered with Windshield Retention, 216 Roof Crush Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47425 Resistance, 219 Windshield Zone Authority: 49 U.S.C. 30141(a)(1)(A) and the Act, 15 U.S.C. § 1397(c)(3)(A)(i)(II)) Intrusion, 301 Fuel System Integrity, and (b)(1); 49 CFR 593.8; delegations of authority permits a nonconforming motor vehicle 302 Flammability of Interior Materials. at 49 CFR 1.50 and 501.8. to be admitted into the United States if Additionally, the petitioner states that Issued on: September 7, 1995. its safety features comply with, or are the non-U.S. certified 1987 Nissan Harry Thompson, capable of being altered to comply with, Stanza complies with the Bumper Acting Director, Office of Vehicle Safety all applicable Federal motor vehicle Standard found in 49 CFR Part 581. Compliance. safety standards based on destructive Petitioner also contends that the [FR Doc. 95–22602 Filed 9–11–95; 8:45 am] test data or such other evidence as vehicle is capable of being readily BILLING CODE 4910±59±M NHTSA decides to be adequate. altered to meet the following standards, Petitions for eligibility decisions may in the manner indicated: [Docket No. 95±58; Notice 2] be submitted by either manufacturers or Standard No. 101 Controls and importers who have registered with Displays: (a) substitution of a lens Decision That Nonconforming 1996 NHTSA pursuant to 49 CFR part 592. As marked ‘‘Brake’’ for a lens with an ECE Mercedes-Benz Gelaendewagen Type specified in 49 CFR 593.7, NHTSA symbol on the brake failure indicator 463 Multi-Purpose Passenger Vehicles publishes notice in the Federal Register lamp; (b) recalibration of the Are Eligible for Importation of each petition that it receives, and speedometer/odometer from kilometers affords interested persons an AGENCY: National Highway Traffic to miles per hour. opportunity to comment on the petition. Safety Administration (NHTSA), DOT. Standard No. 108 Lamps, Reflective At the close of the comment period, Devices and Associated Equipment: (a) ACTION: Notice of decision by NHTSA NHTSA decides, on the basis of the installation of U.S.-model headlamp that nonconforming 1996 Mercedes- petition and any comments that it has assemblies which incorporate sealed Benz Gelaendewagen Type 463 multi- received, whether the vehicle is eligible beams and sidemarkers; (b) installation purpose passenger vehicles (MPVs) are for importation. The agency then of U.S.-model taillamps; (c) installation eligible for importation. publishes this determination in the of a high mounted stop lamp. SUMMARY: This notice announces the Federal Register. Standard No. 110 Tire Selection and decision by NHTSA that 1996 Europa International, Inc. of Santa Fe, Rims: installation of a tire information Mercedes-Benz Gelaendewagen Type New Mexico (Registered Importer No. placard. 463 MPVs not originally manufactured R–91–002) petitioned NHTSA to decide Standard No. 114 Theft Protection: to comply with all applicable Federal whether 1996 Mercedes-Benz installation of a warning buzzer in the motor vehicle safety standards are Gelaendewagen Type 463 MPVs are steering lock electrical circuit. eligible for importation into the United eligible for importation into the United Standard No. 115 Vehicle States because they have safety features States. NHTSA published notice of the Identification Number: installation of a that comply with, or are capable of petition on July 24, 1995 (60 FR 37915) VIN plate that can be read from outside being altered to comply with, all such to afford an opportunity for public the left windshield pillar, and a VIN standards. comment. The reader is referred to that reference label on the edge of the door notice for a thorough description of the or latch post nearest the driver. DATES: The decision is effective as of petition. No comments were received in Standard No. 208 Occupant Crash September 12, 1995. response to the notice. Based on its Protection: installation of a seat belt FOR FURTHER INFORMATION CONTACT: review of the information submitted by warning buzzer. The petitioner states George Entwistle, Office of Vehicle the petitioner, NHTSA has decided to that the vehicle is equipped with a seat Safety Compliance, NHTSA (202–366– grant the petition. belt warning lamp and with seat belt 5306). assemblies that are identical to those SUPPLEMENTARY INFORMATION: Vehicle Eligibility Number for Subject found on its U.S. certified counterpart. Vehicles Standard No. 214 Side Impact Background Protection: installation of reinforcing Under 49 U.S.C. § 30141(a)(1)(A) The importer of a vehicle admissible beams. (formerly section 108(c)(3)(A)(i)(I) of the under any final determination must Interested persons are invited to National Traffic and Motor Vehicle indicate on the form HS–7 submit comments on the petition Safety Act (the Act)), a motor vehicle accompanying entry the appropriate described above. Comments should refer that was not originally manufactured to vehicle eligibility number indicating to the docket number and be submitted conform to all applicable Federal motor that the vehicle is eligible for entry. to: Docket Section, National Highway vehicle safety standards shall be refused VCP–11 is the vehicle eligibility number Traffic Safety Administration, Room admission into the United States unless assigned to vehicles admissible under 5109, Seventh Street, S.W., Washington, NHTSA has decided that the motor this determination. DC 20590. It is requested but not vehicle is substantially similar to a Final Decision required that 10 copies be submitted. motor vehicle originally manufactured All comments received before the for importation into and sale in the Accordingly, on the basis of the close of business on the closing date United States, certified under 49 U.S.C. foregoing, NHTSA hereby decides that indicated above will be considered, and § 30115 (formerly section 114 of the 1996 Mercedes-Benz Gelaendewagen will be available for examination in the Act), and of the same model year as the Type 463 MPVs are eligible for docket at the above address both before model of the motor vehicle to be importation into the United States and after that date. To the extent compared, and is capable of being because they have safety features to possible, comments filed after the readily altered to conform to all comply with, or are capable of being closing date will also be considered. applicable Federal motor vehicle safety altered to comply with, all applicable Notice of final action on the petition standards. Where there is no Federal motor vehicle safety standards. will be published in the Federal substantially similar U.S.-certified Authority: 49 U.S.C. § 30141(a)(1)(B) and Register pursuant to the authority motor vehicle, 49 U.S.C. § 30141(a)(1)(B) (b)(1); 49 CFR 593.8; delegations of authority indicated below. (formerly section 108(c)(3)(A)(i)(II) of at 49 CFR 1.50 and 501.8. 47426 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices Issued on: September 7, 1995. specified in 49 CFR 593.7, NHTSA [Docket No. 95±74; Notice 1] Harry Thompson, publishes notice in the Federal Register Notice of Receipt of Petition for Acting Director, Office of Vehicle Safety of each petition that it receives, and Decision that Nonconforming 1989 Compliance. affords interested persons an Nissan Maxima Passenger Cars Are [FR Doc. 95–22599 Filed 9–11–95; 8:45 am] opportunity to comment on the petition. Eligible for Importation BILLING CODE 4910±59±M At the close of the comment period, NHTSA decides, on the basis of the AGENCY: National Highway Traffic [Docket No. 95±55; Notice 2] petition and any comments that it has Safety Administration, DOT. received, whether the vehicle is eligible ACTION: Notice of receipt of petition for Decision That Nonconforming 1992 for importation. The agency then decision that nonconforming 1989 Jaguar XJS Passenger Cars Are published this decision in the Federal Nissan Maxima passenger cars are Eligible for Importation Register. eligible for importation. Wallace Environmental Testing AGENCY: National Highway Traffic SUMMARY: This notice announces receipt Laboratories, Inc. of Houston, Texas Safety Administration (NHTSA), DOT. by the National Highway Traffic Safety ACTION: Notice of decision by NHTSA (Registered Importer R–90–005) Administration (NHTSA) of a petition that nonconforming 1992 Jaguar XJS petitioned NHTSA to decide whether for a decision that a 1989 Nissan passenger care are eligible for 1992 Jaguar XJS passenger cars are Maxima that was not originally importation. eligible for importation into the United manufactured to comply with all States. NHSTA published notice of the applicable Federal motor vehicle safety SUMMARY: This notice announces the petition on July 21, 1995 (60 FR 37704) standards is eligible for importation into decision by NHTSA that 1992 Jaguar to afford an opportunity for public the United States because (1) it is XJS passenger cars not originally comment. The reader is referred to that substantially similar to a vehicle that manufactured to comply with all notice for a thorough description of the was originally manufactured for applicable Federal motor vehicle safety petition. No comments were received in importation into and sale in the United standards are eligible for importation response to the notice. Based on its States and that was certified by its into the United States because they are review of the information submitted by manufacturer as complying with the substantially similar to a vehicle the petitioner, NHTSA has decided to safety standards, and (2) it is capable of originally manufactured for importation being readily altered to conform to the into and sale in the United States and grant the petition. standards. certified by its manufacturers complying Vehicle Eligibility Number for Subject DATES: The closing date for comments with the safety standards (the U.S.- Vehicles certified version of the 1992 Jaguar XJS), on the petition is [30 days after and they are capable of being readily The importer of a vehicle admissible publication in the Federal Register]. altered to conform to the standards. under any final decision must indicate ADDRESSES: Comments should refer to DATES: This decision is effective as of on the form HS–7 accompanying entry the docket number and notice number, September 12, 1995. the appropriate vehicle eligibility and be submitted to: Docket Section, FOR FURTHER INFORMATION CONTACT: number indicating that the vehicle is Room 5109, National Highway Traffic George Entwistle, Office of Vehicle eligible for entry. VSP–129 is the Safety Administration, 400 Seventh St., Safety Compliance, NHTSA (202–366– vehicle eligibility number assigned to SW, Washington, DC 20590. [Docket 5306). vehicles admissible under this decision. hours are from 9:30 am to 4 pm] FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Final Decision George Entwistle, Office of Vehicle Background Accordingly, on the basis of the Safety Compliance, NHTSA (202–366– Under 49 U.S.C. § 30141(a)(1)(A) foregoing, NHTSA hereby decides that a 5306). (formerly section 108(c)(3)(A)(i) of the 1992 Jaguar XJS not originally SUPPLEMENTARY INFORMATION: National Traffic and Motor Vehicle manufactured to comply with all Background Safety Act (the Act)), a motor vehicle applicable Federal motor vehicle safety that was not originally manufactured to standards is substantially similar to a Under 49 U.S.C. § 30141(a)(1)((A) conform to all applicable Federal motor 1992 Jaguar XJS originally manufactured (formerly section 108(c)(3)(A)(i)(I) of the vehicle safety standards shall be refused for importation into and sale in the National Traffic and Motor Vehicle admission into the United States unless United States and certified under 49 Safety Act (the Act)), a motor vehicle NHTSA has decided that the motor U.S.C. § 30115, and is capable of being that was not originally manufactured to conform to all applicable Federal motor vehicle is substantially similar to a readily altered to conform to all motor vehicle originally manufactured vehicle safety standards shall be refused applicable Federal motor vehicle safety for importation into and sale in the admission into the United States unless standards. United States, certified under 49 U.S.C. NHTSA has decided that the motor § 30115 (formerly section 114 of the Authority: 49 U.S.C. 30141(a)(1)(A) and vehicle is substantially similar to a Act), and of the same model year as the (b)(1); 49 CFR 593.8; delegations of authority motor vehicle originally manufactured model of the motor vehicle to be at 49 CFR 1.50 and 501.8. for importation into and sale in the compared, and is capable of being Issued on September 7, 1995. United States, certified under 49 U.S.C. readily altered to conform to all Harry Thompson, § 30115 (formerly section 114 of the Act), and of the same model year as the applicable Federal motor vehicle safety Acting Director, Office of Vehicle Safety standards. Compliance. model of the motor vehicle to be Petitions for eligibility decisions may compared, and is capable of being [FR Doc. 95–22600 Filed 9–11–95; 8:45 am] be submitted by either manufacturers or readily altered to conform to all importers who have registered with BILLING CODE 4910±59±M applicable Federal motor vehicle safety NHTSA pursuant to 49 CFR part 592. As standards. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47427 Petitions for eligibility decisions may Assembly Anchorages, 211 Wheel Nuts, will be published in the Federal be submitted by either manufacturers or Wheel Discs and Hubcaps, 212 Register pursuant to the authority importers who have registered with Windshield Retention, 216 Roof Crush indicated below. NHTSA pursuant to 49 CFR Part 592. As Resistance, 219 Windshield Zone Authority: 49 U.S.C. 30141(a)(1)(A) and specified in 49 CFR 593.7, NHTSA Intrusion, 301 Fuel System Integrity, and (b)(1); 49 CFR 593.8; delegations of authority publishes notice in the Federal Register 302 Flammability of Interior Materials. at 49 CFR 1.50 and 501.8. of each petition that it receives, and Additionally, the petitioner states that Issued on: September 7, 1995. affords interested persons an the non-U.S. certified 1989 Nissan Harry Thompson, opportunity to comment on the petition. Maxima complies with the Bumper Acting Director, Office of Vehicle Safety At the close of the comment period, Standard found in 49 CFR Part 581. Compliance. Petitioner also contends that the NHTSA decides, on the basis of the [FR Doc. 95–22601 Filed 9–11–95; 8:45 am] petition and any comments that it has vehicle is capable of being readily BILLING CODE 4910±59±M received, whether the vehicle is eligible altered to meet the following standards, for importation. The agency then in the manner indicated: publishes this decision in the Federal Standard No. 101 Controls and [Docket No. 93±50; Notice 4] Register. Displays: (a) substitution of a lens Liphardt & Associates of marked ‘‘Brake’’ for a lens with an ECE Denial of Petition for Reconsideration, Ronkonkoma, New York (‘‘Liphardt’’) symbol on the brake failure indicator Nassau Technologies; Federal Motor (Registered Importer 90–004) has lamp; (b) recalibration of the Vehicle Theft Prevention Standard petitioned NHTSA to decide whether speedometer/odometer from kilometers AGENCY: National Highway Traffic 1989 Nissan Maxima passenger cars are to miles per hour. Safety Administration (NHTSA), eligible for importation into the United Standard No. 108 Lamps, Reflective Department of Transportation. States. The vehicle which Liphardt Devices and Associated Equipment: (a) ACTION: believes is substantially similar is the installation of U.S.-model headlamp Response of Petition for 1989 Nissan Maxima that was assemblies which incorporate sealed Reconsideration. manufactured for importation into, and beams and sidemarkers; (b) installation SUMMARY: This notice denies a petition sale in, the United States and certified of U.S.-model taillamps; (c) installation from Nassau Technologies, Inc., for by its manufacturer as conforming to all of a high mounted stop lamp. reconsideration of NHTSA’s decision applicable Federal motor vehicle safety Standard No. 110 Tire Selection and not to include motor vehicle glazing as standards. Rims: installation of a tire information a major vehicle component, which The petitioner claims that it carefully placard. would be subject to the parts-marking compared the non-U.S. certified 1989 Standard No. 114 Theft Protection: requirement of 49 CFR Part 541, Federal Nissan Maxima to its U.S. certified installation of a warning buzzer in the Motor Vehicle (Theft Prevention counterpart, and found the two vehicles steering lock electrical circuit. Standard). NHTSA is denying the to be substantially similar with respect Standard No. 115 Vehicle petition because it believes that it needs to compliance with most Federal motor Identification Number: installation of a cost and effectiveness information vehicle safety standards. VIN plate that can be read from outside beyond that which it received in Liphardt submitted information with the left windshield pillar, and a VIN connection with this petition in order to its petition intended to demonstrate that reference label on the edge of the door make an informed decision about the non-U.S. certified 1989 Nissan or latch post nearest the driver. whether motor vehicle glazing should Maxima, as originally manufactured, Standard No. 208 Occupant Crash be added to the list of major conforms to many Federal motor vehicle Protection: installation of a seat belt components for which parts-marking is safety standards in the same manner as warning buzzer. The petitioner states required by the theft prevention its U.S. certified counterpart, or is that the vehicle is equipped with a seat standard. capable of being readily altered to belt warning lamp and with seat belt conform to those standards. assemblies that are identical to those FOR FURTHER INFORMATION CONTACT: Ms. Specifically, the petitioner claims that found on its U.S. certified counterpart. Barbara Gray, Office of Market the non-U.S. certified 1989 Nissan Standard No. 214 Side Impact Incentives, NHTSA, 400 Seventh Street, Maxima is identical to its U.S. certified Protection: installation of reinforcing SW., Washington, DC 20590. Ms. Gray’s counterpart with respect to compliance beams. telephone number is (202) 366–1740. with Standards Nos. 102 Transmission Interested persons are invited to Her fax number is (202) 493–2739. Shift Lever Sequence * * *, 103 submit comments on the petition SUPPLEMENTARY INFORMATION: Defrosting and Defogging Systems, 104 described above. Comments should refer Windshield Wiping and Washing to the docket number and be submitted Background Systems, 105 Hydraulic Brake Systems, to: Docket Section, National Highway On July 7, 1993, NHTSA published in 106 Brake Hoses, 107 Reflecting Traffic Safety Administration, Room the Federal Register an advance notice Surfaces, 109 New Pneumatic Tires, 111 5109, 400 Seventh Street, SW., of proposed rulemaking (ANPRM) (58 Rearview Mirrors, 113 Hood Latch Washington, DC 20590. It is requested FR 36376), seeking comments on Systems, 116 Brake Fluid, 118 Power but not required that 10 copies be possible definitions of multipurpose Window Systems, 124 Accelerator submitted. passenger vehicle (MPVs) and light-duty Control Systems, 201 Occupant All comments received before the truck (LDTs) to be used in the Federal Protection in Interior Impact, 202 Head close of business on the closing date motor vehicle theft prevention standard Restraints, 203 Impact Protection for the indicated above will be considered, and (49 CFR Part 541) when the agency Driver From the Steering Control will be available for examination in the amended it to add those vehicles System, 204 Steering Control Rearward docket at the above address both before categories pursuant to the Anti Car Displacement, 205 Glazing Materials, and after that date. To the extent Theft Act of 1992, P.L. 102–519 206 Door Locks and Door Retention possible, comments filed after the (October 25, 1992). The ANPRM also Components, 207 Seating Systems, 209 closing date will also be considered. sought comments on which MPV and Seat Belt Assemblies, 210 Seat Belt Notice of final action on the petition LDT parts should be considered major 47428 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices component parts, and therefore, subject occupational and environmental manufacturers. According to Nassau, the to the parts-marking requirements. hazards presented by some of the low per-vehicle cost of LaserGuard Several commenters on the ANPRM, chemicals and other materials used in would keep the total cost of marking all Advocates for Highway and Auto Safety marking glass, the questionable required components of a vehicle below (Advocates), Prospective Technologies effectiveness in deterring theft, and the the statutory cumulative limit of $20.86 (Prospective), and State Farm Mutual absence of legal authority. Nassau did (in 1993 dollars). Insurance Company (State Farm), not comment on the NPRM, and no Nassau asserted that the suggested that motor vehicle glazing be other commenter mentioned laser environmental and employee health treated as major component parts for all technology as means of marking glazing concerns about chemical etching and high-theft vehicle lines. Prospective material. sandblasting raised by several cited the relative ease with which After considering all of the comments, manufacturers, including proper glazing could be marked, the low cost of NHTSA issued a final rule that does not ventilation, storage and disposal of marking, and provided examples of include glazing as one of the major hazardous or caustic agents, and the lower-theft rates for some motor vehicle components subject to the parts- need for protective apparel, would all be vehicles with glazing that had been marking requirements of Part 541 (59 FR eliminated if the LaserGuard system voluntarily marked with the vehicle 64164 (December 13, 1994)). were used. It stated that the LaserGuard identification number. On January 12, 1995, the agency system operates a Co2 laser. On July 8, 1994, the agency published received a petition for reconsideration Nassau asserted that in its experience, a notice of proposed rulemaking of the final rule from Nassau glass etching has been successful as a (NPRM) in the Federal Register (59 FR Technologies, Inc., of Stafford, Texas theft deterrent. Its parent company has 35082), which requested additional (Nassau). A manufacturer of a patented provided a glass etching product with a comments on proposed definitions of laser etching system known as consumer warranty to a large MPVs and LDTs and also solicited LaserGuard. Nassau stated that it had automobile distributor for 10 years. The comments on the components of these not commented on the ANPRM or warranty for this product states that if vehicles that should be subject to parts NPRM on requiring glazing to be the consumer’s vehicle is stolen and not marking. In the NPRM, the agency marked under the theft prevention recovered the company will pay the specifically requested additional standard because it had not been aware owner one thousand dollars. Nassau information and comments on whether of the agency’s publication of the glazing should also be added to the notices until after the comment period submitted an exhibit showing that over passenger vehicle components subject to had closed. Its basis for seeking a two-year period, 238,363 vehicles had parts making, and proposed the reconsideration of the final rule was that their glazing etched using the product, following glazing components to be if NHTSA and the vehicle and only 129 warranty claims were marked, if present on the vehicle: manufacturers had information about processed. windshield, right/left front-side Nassau’s LaserGuard system before the Nassau stated that insurance window, right/left rear-side window, final rule, the agency would have companies and lawmakers who rear window, and right/left T-top included glazing as a component subject recognize glass etching as a theft inserts. In addition, the NPRM sought to the parts-marking requirements of deterrent generally support the view comments on the exclusion of particular Part 541. that etching the glass protects the glazing pieces, and whether glazing Nassau specifically addressed four vehicle as a whole from theft. Nassau should be exempted from the major issues raised by the commenters also asserted that because it is difficult requirements of 49 CFR opposed to marking of vehicle glazing: for thieves to make a vehicle § 541.5(d)(1)(ii)(B) that the marking be cost, adverse environmental and unidentifiable if two or more windows placed on a portion of the part not likely occupational health impacts, must be removed and replaced, some to be damaged in a collision. Finally, effectiveness as a theft deterrent, and insurance companies give a discount on the notice requested comments on how problems with etching replacement the premium for vehicles that have the target areas for glazing parts could glazing. some but not all glazing etched. be specified so that the markings Nassau contends that the cost According to Nassau, this would required by the antitheft standard and estimates provided to NHTSA by the ameliorate the problems concerning the the markings required by Federal motor commenters opposed to marking of etching of replacement glass that were vehicle safety standard 205, Glazing glazing were based on antiquated and raised by some commenters. (It cited as Materials, would not be placed in the costly glass-etching technologies, i.e., an example the Texas Insurance same area. sandblasting and chemical etching Automobile Rules and Rating Manual Five of the fifteen commenters, processes. Nassau agreed that these which defines a qualifying antitheft International Association of Auto Theft methods are cumbersome and labor system as a ‘‘system under which the Investigators (IAATI), Advocates, State intensive. motor vehicle identification number Farm, Prospective, and Automark However, it asserted that its (VIN) is permanently marked on at least Corporation supported a requirement for LaserGuard etching process is less two windows of the motor vehicle other marking motor vehicle glazing. The costly than these processes because its than the small vent windows.’’) If remaining commenters—automobile system is automated, requires no stencil having as few as two windows glazed is manufacturers and their associations, production or no etching materials and sufficient to deter theft of the vehicle, and the National Automobile Dealers can be adapted to robotics for assembly there would not be a frequent need to Association (NADA)—disagreed with line use. Nassau believes that the per- replace damaged glass with etched glass including glazing as a component to be vehicle cost to mark glass with the in order to gain the deterrent effect. subject to the parts-marking LaserGuard system would be far less Nassau added that for those consumers requirements. Among the reasons given than $5.00. The current per-vehicle cost who wished to have replacement glass for disagreement were excessive cost, using LaserGuard is $5. Nassau believes etched, manufacturers could provide a the fact that none of the methods for that the cost would be substantially chemical etching kit directly to the marking glazing had been implemented reduced if the system were used on a consumer or to the body shop upon on a manufacturer’s assembly line, large scale by the automobile request by the vehicle owner. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47429 In conclusion, Nassau stated that the more weight to Nassau’s example than preliminarily indicate that the vehicle LaserGuard system, engineered and to the NPRM comments to the contrary. theft rate for CY/MY 1993 vehicles (3.90 developed in 1990, has been While it is clear that the vehicles in thefts per thousand vehicles) decreased successfully tested and operated in Nassau’s example experienced a low- by 9.5 percent from the theft rate for CY/ high-volume environments in multiple theft rate, there is no information in MY 1992 vehicles (4.31 thefts per locations. It believes that the agency’s Nassau’s submission that would enable thousand vehicles). decision not to include glazing as a the agency to make a judgment about Publication of these data fulfills component subject to the parts-marking whether and to what extent the low- NHTSA’s statutory obligation to requirement was heavily influenced by theft rate could be attributed to the fact periodically obtain accurate and timely the concerns expressed by the that the glazing on the vehicles was theft data, and publish the information manufacturers, which were based on marked. Further, the entire MY 1993 for review and comment. different etching technologies. Nissan 300ZX line had all its windows DATES: Comments must be submitted on etched and the theft rate for that line Discussion or before November 13, 1995. continued to increase from the previous ADDRESSES: All comments should refer The agency’s principal reason for model year. to the docket number and notice deciding in the final rule not to adopt The agency heretofore has limited number cited in the heading of this the proposal to include glazing as a designation of parts required to be document and be submitted, preferably major vehicle component subject to marked under Part 541 to those parts with ten copies to: Docket Section, parts-marking was its belief that explicitly listed by Congress and parts Room 5109, National Highway Traffic ‘‘specifying glazing as major parts, may that were clearly within the scope of the Safety Administration, 400 Seventh make the costs of parts marking for mandate of the Anti Car Theft Act of Street, SW, Washington, DC 20590. some manufacturers exceed the $20.86 1992 (P.L. 102–519) to add Docket hours are from 9:30 am to 4:00 [1993 dollars] limited specified in [49 multipurpose passenger vehicles and pm, Monday through Friday. U.S.C.] section 33105(a),’’ combined light-duty trucks to the vehicle with the assertions from commenters FOR FURTHER INFORMATION CONTACT: Ms. categories covered by Part 541. See 59 Barbara A. Gray, Office of Market that windows are rarely stolen as FR 64166 (December 13, 1994). Because replacement parts, and that there is no Incentives, NHTSA, 400 Seventh Street, the data on the effectiveness of parts SW, Washington, DC 20590. Ms. Gray’s evidence that vehicles are stolen for marking in general and marking of their glazing materials. 59 FR 64166 telephone number is (202) 366–1740. glazing in particular is uncertain, and Her fax number is (202) 493–2739. (December 13, 1994). the addition of a requirement to mark SUPPLEMENTARY INFORMATION: Nassau asserted in its petition that the glazing would result in additional costs NHTSA per-vehicle cost of glass etching using to vehicle and replacement parts administers a program for reducing its LaserGuard system is currently about manufacturers, the agency has decided motor vehicle theft. The central feature $5. It also stated its belief that the per- that the best course at this time is to of this program is the Federal Motor vehicle cost would be substantially limit the scope of the parts-marking Vehicle Theft Prevention Standard, 49 lower if the system were to be requirement to the parts listed in the CFR Part 541. The standard specifies implemented on the assembly lines of final rule published December 13, 1994. performance requirements for inscribing the major vehicle manufacturers. It does (59 FR 64166) or affixing vehicle identification not state whether its estimated per- For the foregoing reasons, the agency numbers (VINs) onto certain major vehicle-cost for large-scale use of is denying the petition for original equipment and replacement LaserGuard takes into account the reconsideration filed by Nassau parts of high-theft lines of passenger capital investment that manufacturers Technologies, Inc. motor vehicles. would be required to make to tool their The agency is required by 49 U.S.C. assembly lines to accommodate the Issued on: September 6, 1995. 33104(b)(4) to periodically obtain, from LaserGuard technology. The agency Barry Felrice, the most reliable source, accurate and notes that in its petition Nassau states Associate Administrator for Safety timely theft data, and publish the data that the system can be adapted to Performance Standards. for review and comment. To fulfill this robotics for use on the assembly line. [FR Doc. 95–22594 Filed 9–11–95; 8:45 am] statutory mandate, NHTSA has The extent of the adaptations that would BILLING CODE 4910±59±P published theft data annually every be needed and their possible cost is not since 1983/84. Continuing to fulfill the known. [Docket No.T95±63; Notice 01] § 33104(b)(4) mandate, this document Even if the agency were to accept the reports the preliminary theft data for CY assertion that the per-vehicle cost of RIN 2127±AF56 1993, the most recent calendar year for laser etching of vehicle glazing would which data are available. be low enough to keep the per-vehicle Federal Motor Vehicle Theft Prevention In calculating the 1993 theft rates, cost of parts-marking below the Standard; Preliminary Theft Data NHTSA followed the same procedures it statutory limit, it would be required to AGENCY: National Highway Traffic used in calculating the MY 1992 theft consider other factors in deciding Safety Administration (NHTSA), rates. (For 1992 theft data calculations, whether to mandate etching of vehicle Department of Transportation. see 60 FR 1824, January 5, 1995). As in glass. Some commenters on the NPRM ACTION: Publication of preliminary theft all previous reports, NHTSA’s data were raised serious questions about whether data; request for comments. based on information provided to etched glazing would be an effective NHTSA by the National Crime deterrent to vehicle theft. Nassau has SUMMARY: This document requests Information Center (NCIC) of the countered these assertions with one comments on data about passenger Federal Bureau of Investigation. The example of a situation in which a group motor vehicle thefts that occurred in NCIC is a government system that of vehicles with marked glazing had a calendar year (CY) 1993, including theft receives vehicle theft information from very low incidence of theft. rates for existing passenger motor nearly 23,000 criminal justice agencies The agency does not believe it has a vehicle lines manufactured in model and other law enforcement authorities basis for concluding that it can give any year (MY) 1993. The theft data throughout the United States. The NCIC 47430 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices data also include reported thefts of self- passenger car lines, 17 are multipurpose forth the information specified in the insured and uninsured vehicles, not all passenger vehicles lines, and 4 are light- agency’s confidential business of which are reported to other data duty trucks lines. regulation. (49 CFR Part 512.) sources. In Table I, NHTSA has tentatively All comments received before the The 1993 theft rate for each vehicle ranked each of the MY 1993 vehicle close of business on the comment line was calculated by dividing the lines in descending order of theft rate. closing date indicated above for this number of reported thefts of MY 1993 Public comment is sought on the document will be considered, and will vehicles of that line stolen during accuracy of the data, including the data be available for examination in the calendar year 1993, by the total number for the production volumes of docket at the above address both before of vehicles in that line manufactured for individual vehicle lines. and after that date. To the extent MY 1993, as reported to the All comments must not exceed 15 possible, comments filed after the Environmental Protection Agency. pages in length (49 CFR Part 553.21). closing date will also be considered. The preliminary 1993 theft data show Attachments may be appended to these Comments on this document will be a decrease in the vehicle theft rate when submissions without regard to the 15 available for inspection in the docket. compared to the theft rate experienced page limit. This limitation is intended to NHTSA will continue to file relevant in CY/ MY 1992. The preliminary theft encourage commenters to detail their information as it becomes available for rate for MY 1993 passenger vehicles primary arguments in a concise fashion. inspection in the docket after the stolen in calendar year 1993 decreased If a commenter wishes to submit closing date, and it is recommended that to 3.90 thefts per thousand vehicles certain information under a claim of interested persons continue to examine produced, a decrease of 9.5 percent from confidentiality, three copies of the the docket for new material. the rate of 4.31 thefts per thousand complete submission, including Those persons desiring to be notified vehicles experienced by MY 1992 purportedly confidential business upon receipt of their comments in the vehicles in CY 1992. For MY 1993 information, should be submitted to the rules docket should enclose a self- vehicles, out of a total of 213 vehicle Chief Counsel, NHTSA, at the street addressed, stamped postcard in the lines, 98 lines had a theft rate higher address given above, and seven copies envelope with their comments. Upon than 3.5826 per thousand vehicles, the from which the purportedly confidential receiving the comments, the docket established median theft rate for MYs information has been deleted should be supervisor will return the postcard by 1990/1991. (See 59 FR 12400, March 16, submitted to the Docket Section. A mail. 1994). Of the 98 vehicle lines with a request for confidentiality should be Authority: 49 U.S.C. 33101, 33102 and theft rate higher than 3.5826, 77 are accompanied by a cover letter setting 33104; delegation of authority at 49 CFR 1.50. THEFT RATES OF MODEL YEAR 1993 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 1993 1993 (per 1,000 vehi- Manufacturer Make/model (line) Thefts 1993 Production cles pro- (Mfr's) 1993 duced) theft rate 1 MITSUBISHI ...... MONTERO ...... 296 11,221 26.3791 2 CHRYSLER CORP ...... LEBARON COUPE/CONVERTIBLE ...... 631 26,789 23.5544 3 MERCEDES-BENZ ...... 129 ...... 15 780 19.2308 4 FORD MOTOR CO ...... MUSTANG ...... 1,935 110,616 17.4929 5 VOLKSWAGEN ...... CABRIOLET ...... 48 2,991 16.0481 6 CHRYSLER CORP ...... IMPERIAL ...... 89 6,235 14.2743 7 NISSAN ...... 300ZX ...... 115 8,300 13.8554 8 CHRYSLER CORP ...... PLYMOUTH ACCLAIM ...... 604 49,611 12.1747 9 CHRYSLER CORP ...... PLYMOUTH SUNDANCE ...... 600 59,749 10.0420 10 MITSUBISHI ...... PRECIS ...... 16 1,612 9.9256 11 NISSAN ...... PATHFINDER ...... 394 41,215 9.5596 12 MITSUBISHI ...... DIAMANTE ...... 235 24,846 9.4583 13 GENERAL MOTORS ...... OLDSMOBILE CUTLASS CIERA ...... 1,272 135,272 9.4033 14 GENERAL MOTORS ...... OLDSMOBILE SILHOUETTE APV ...... 98 10,465 9.3645 15 CHRYSLER CORP ...... DODGE SPIRIT ...... 714 76,503 9.3330 16 NISSAN ...... NX COUPE ...... 17 1,910 8.9005 17 MITSUBISHI ...... GALANT/SIGMA ...... 98 11,282 8.6864 18 TOYOTA ...... 4-RUNNER ...... 367 42,257 8.6850 19 HONDA ...... PRELUDE ...... 187 22,123 8.4527 20 CHRYSLER CORP ...... DODGE SHADOW ...... 843 102,186 8.2497 21 NISSAN ...... INFINITI Q45 ...... 37 4,517 8.1913 22 GENERAL MOTORS ...... GMC JIMMY S±15 ...... 353 43,412 8.1314 23 NISSAN ...... MAXIMA ...... 543 67,075 8.0954 24 HYUNDAI ...... SONATA ...... 125 15,452 8.0896 25 HONDA/ACURA ...... LEGEND ...... 300 37.488 8.0026 26 CHRYSLER CORP ...... JEEP WRANGLER ...... 459 59,412 7.7257 27 HONDA ...... ACCORD ...... 2,290 304,032 7.5321 28 CHRYSLER CORP ...... LEBARON SEDAN ...... 243 32,480 7.4815 29 GENERAL MOTORS ...... GEO TRACKER ...... 258 35,201 7.3293 30 MERCEDES-BENZ ...... 140 ...... 80 11,041 7.2457 31 CHRYSLER CORP ...... DODGE DYNASTY ...... 421 58,401 7.2088 32 GENERAL MOTORS ...... PONTIAC TRANS SPORT APV ...... 184 26,442 6.9586 33 HYUNDAI ...... EXCEL ...... 294 42,632 6.8962 34 MITSUBISHI ...... 3000GT ...... 83 12,266 6.7667 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47431 THEFT RATES OF MODEL YEAR 1993 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 1993ÐContinued 1993 (per 1,000 vehi- Manufacturer Make/model (line) Thefts 1993 Production cles pro- (Mfr's) 1993 duced) theft rate 35 CHRYSLER CORP ...... JEEP CHEROKEE ...... 2,312 345,277 6.6961 36 MAZDA ...... RX±7 ...... 67 10,035 6.6766 37 FORD MOTOR CO ...... E150 VAN ...... 60 9,236 6.4963 38 GENERAL MOTORS ...... CHEVROLET LUMINA APV ...... 260 40,613 6.4019 39 HONDA/ACURA ...... VIGOR ...... 68 10,695 6.3581 40 NISSAN ...... SENTRA ...... 830 130,991 6.3363 41 GENERAL MOTORS ...... BUICK CENTURY ...... 764 120,599 6.3350 42 GENERAL MOTORS ...... OLDSMOBILE BRAVADA ...... 61 9,671 6.3075 43 CHRYSLER CORP ...... NEW YORKER SALON ...... 131 20,852 6.2824 44 PORSCHE ...... 911 ...... 10 1,600 6.2500 45 PORSCHE ...... 928 ...... 1 163 6.1350 46 FORD MOTOR CO ...... LINCOLN TOWN CAR ...... 684 113,596 6.0213 47 MITSUBISHI ...... MIRAGE ...... 190 32.168 5.9065 48 ISUZU ...... STYLUS ...... 9 1,544 5.8290 49 HYUNDAI ...... ELANTRA ...... 205 36,169 5.6678 50 FORD MOTOR CO ...... THUNDERBIRD ...... 733 129,854 5.6448 51 TOYOTA ...... MR2 ...... 29 5,245 5.5291 52 GENERAL MOTORS ...... CHEVROLET BLAZER S±10 ...... 731 132,616 5.5122 53 CHRYSLER CORP ...... DODGE B150 RAMCHARGER/VAN ...... 29 5,376 5.3943 54 HONDA/ACURA ...... INTEGRA ...... 197 36,832 5.3486 55 GENERAL MOTORS ...... PONTIAC SUNBIRD ...... 471 88,087 5.3470 56 ISUZU ...... AMIGO ...... 41 7,684 5.3358 58 BMW ...... 5 ...... 74 13,975 5.2952 59 GENERAL MOTORS ...... CHEVROLET BERETTA ...... 194 36,925 5.2539 60 MITSUBISHI ...... EXPO ...... 58 11,158 5.1981 61 BMW ...... 3 ...... 209 40,552 5.1539 62 SUZUKI ...... SWIFT ...... 55 10,689 5.1455 63 GENERAL MOTORS ...... CHEVROLET SPORTVAN G±10 ...... 11 2,173 5.0621 57 GENERAL MOTORS ...... CADILLAC DEVILLE/SIXTY SPECIAL ...... 634 125,391 5.0562 64 VOLKSWAGEN ...... CORRADO ...... 14 2,786 5.0251 65 NISSAN ...... 240SX ...... 107 21,471 4.9835 66 GENERAL MOTORS ...... CHEVROLET CORVETTE ...... 103 20,764 4.9605 67 HYUNDAI ...... SCOUPE ...... 56 11,377 4.9222 68 GENERAL MOTORS ...... CHEVROLET CORSICA ...... 628 127,933 4.9088 69 NISSAN ...... ALTIMA ...... 480 99,404 4.8288 70 NISSAN ...... PICKUP TRUCK ...... 541 112,552 4.8067 71 GENERAL MOTORS ...... GMC RALLY SPORTVAN ...... 5 1,073 4.6598 72 GENERAL MOTORS ...... PONTIAC GRAND PRIX ...... 491 107,000 4.5888 73 MERCEDES-BENZ ...... 201 ...... 35 7,669 4.5638 74 MITSUBISHI ...... ECLIPSE ...... 247 54,670 4.5180 75 CHRYSLER CORP ...... DODGE STEALTH ...... 64 14,516 4.4089 76 PORSCHE ...... 968 ...... 4 911 4.3908 77 GENERAL MOTORS ...... PONTIAC LEMANS ...... 33 7,550 4.3709 78 MITSUBISHI ...... PICKUP TRUCK ...... 39 8,925 4.3697 79 FORD MOTOR CO ...... LINCOLN MARK VIII ...... 135 30,964 4.3599 80 TOYOTA ...... CELICA ...... 121 27,794 4.3535 81 NISSAN ...... INFINITI J30 ...... 81 18,785 4.3120 82 TOYOTA ...... SUPRA ...... 12 2,850 4.2105 83 FORD MOTOR CO ...... MERCURY TOPAZ ...... 314 76,115 4.1253 84 FORD MOTOR CO ...... TEMPO ...... 853 208,382 4.0934 85 GENERAL MOTORS ...... CHEVROLET CAVALIER ...... 962 235,319 4.0881 86 SUBARU ...... LOYALE ...... 48 11,914 4.0289 87 BMW ...... 8 ...... 3 753 3.9841 88 FORD MOTOR CO ...... MERCURY COUGAR ...... 316 79,780 3.9609 89 MAZDA ...... 929 ...... 61 15,651 3.8975 90 GENERAL MOTORS ...... CHEVROLET ASTRO ...... 431 113,010 3.8138 91 GENERAL MOTORS ...... PONTIAC GRAND AM ...... 844 224,101 3.7662 92 TOYOTA ...... COROLLA/COROLLA SPORT ...... 794 211,301 3.7577 93 GENERAL MOTORS ...... GEO STORM ...... 169 45,000 3.7556 94 VOLKSWAGEN ...... FOX ...... 60 16,181 3.7081 95 FORD MOTOR CO ...... FESTIVA ...... 152 41,199 3.6894 96 GENERAL MOTORS ...... BUICK SKYLARK ...... 207 56,362 3.6727 97 FORD MOTOR CO ...... PROBE ...... 438 119,920 3.6524 98 GENERAL MOTORS ...... SATURN SC ...... 184 51,011 3.6071 99 MAZDA ...... B SERIES PICKUP ...... 133 37,181 3.5771 100 TOYOTA ...... PASEO ...... 96 26,896 3.5693 101 TOYOTA ...... LEXUS SC ...... 60 16,891 3.5522 102 TOYOTA ...... LEXUS LS ...... 100 28,366 3.5253 47432 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices THEFT RATES OF MODEL YEAR 1993 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 1993ÐContinued 1993 (per 1,000 vehi- Manufacturer Make/model (line) Thefts 1993 Production cles pro- (Mfr's) 1993 duced) theft rate 103 SUZUKI ...... SAMURAI ...... 4 1,139 3.5119 104 BMW ...... 7 ...... 32 9,304 3.4394 105 SUZUKI ...... SIDEKICK ...... 64 18,621 3.4370 106 VOLKSWAGEN ...... PASSAT ...... 44 12,851 3.4239 107 CHRYSLER CORP ...... DODGE DAYTONA ...... 31 9,059 3.4220 108 TOYOTA ...... CAMRY ...... 1,027 302,089 3.3997 109 CHRYSLER CORP ...... NEW YORKER 5TH AVE ...... 92 27,345 3.3644 110 GENERAL MOTORS ...... GMC SAFARI ...... 134 40,883 3.2776 111 GENERAL MOTORS ...... CHEVROLET S±10 PICKUP ...... 567 173,509 3.2678 112 HONDA/ACURA ...... NSX ...... 2 626 3.1949 113 GENERAL MOTORS ...... OLDSMOBILE ACHIEVA ...... 135 42,384 3.1852 114 FORD MOTOR CO ...... LINCOLN CONTINENTAL ...... 82 25,762 3.1830 115 CHRYSLER CORP ...... DODGE CARAVAN/GRAND ...... 856 272,265 3.1440 116 FORD MOTOR CO ...... MERCURY CAPRI ...... 25 7,971 3.1364 117 TOYOTA ...... LEXUS GS ...... 58 18,545 3.1275 118 CHRYSLER CORP ...... PLYMOUTH VOYAGER/GRAND ...... 651 210,815 3.0880 119 GENERAL MOTORS ...... CADILLAC ALLANTE ...... 14 4,558 3.0715 120 MAZDA ...... 323/PROTEGE ...... 258 84,282 3.0612 121 TOYOTA ...... TERCEL ...... 311 101,974 3.0498 122 MAZDA ...... NAVAJO ...... 17 5,579 3.0471 123 HONDA ...... CIVIC ...... 843 280,107 3.0096 124 ISUZU ...... RODEO ...... 123 40,886 3.0084 125 TOYOTA ...... PICKUP TRUCK ...... 611 207,824 2.9400 126 FORD MOTOR CO ...... ESCORT ...... 1,141 399,860 2.8535 127 FORD MOTOR CO ...... CROWN VICTORIA ...... 205 72,065 2.8447 128 CHRYSLER CORP ...... EAGLE TALON ...... 74 26,105 2.8347 129 GENERAL MOTORS ...... GEO METRO ...... 209 73,962 2.8258 130 GENERAL MOTORS ...... CHEVROLET CAPRICE ...... 163 57,723 2.8238 131 CHRYSLER CORP ...... PLYMOUTH LASER ...... 48 17,178 2.7943 132 FORD MOTOR CO ...... MERCURY TRACER ...... 208 74,835 2.7794 133 GENERAL MOTORS ...... PONTIAC FIREBIRD ...... 34 12,327 2.7582 134 GENERAL MOTORS ...... CHEVROLET CAMARO ...... 93 34,137 2.7243 135 GENERAL MOTORS ...... CHEVROLET C±1500 PICKUP ...... 636 242,756 2.6199 136 FORD MOTOR CO ...... TAURUS ...... 1,056 406,215 2.5996 137 ALFA ROMEO ...... 164 ...... 1 385 2.5974 138 FORD MOTOR CO ...... MERCURY SABLE ...... 317 127,406 2.4881 139 CHRYSLER CORP ...... TOWN & COUNTRY MPV ...... 64 26,057 2.4562 140 VOLVO ...... 850 ...... 67 27,482 2.4380 141 GENERAL MOTORS ...... BUICK REGAL ...... 205 84,571 2.4240 142 FORD MOTOR CO ...... MERCURY GRAND MARQUIS ...... 201 83,239 2.4147 143 GENERAL MOTORS ...... CHEVROLET LUMINA ...... 526 222,442 2.3647 144 CHRYSLER CORP ...... INTREPID ...... 165 70,170 2.3514 145 MAZDA ...... 626/MX±6 ...... 301 128,044 2.3508 146 TOYOTA ...... LEXUS ES ...... 95 41,060 2.3137 147 GENERAL MOTORS ...... GMC SONOMA ...... 95 41,459 2.2914 148 CHRYSLER CORP ...... EAGLE SUMMIT ...... 46 20,246 2.2721 149 NISSAN ...... INFINITI G20 ...... 39 17,427 2.2379 150 GENERAL MOTORS ...... GEO PRIZM ...... 168 75,502 2.2251 151 GENERAL MOTORS ...... OLDSMOBILE CUTLASS SUPREME ...... 168 75,885 2.2139 152 FORD MOTOR CO ...... EXPLORER ...... 671 306,845 2.1868 153 MAZDA ...... MX±5 MIATA ...... 46 21,758 2.1142 154 MAZDA ...... MX±3 ...... 67 31,972 2.0956 155 GENERAL MOTORS ...... GMC SIERRA C±1500 ...... 175 83,764 2.0892 156 SUBARU ...... LEGACY ...... 138 66,117 2.0872 157 ISUZU ...... PICKUP ...... 48 23,476 2.0446 158 GENERAL MOTORS ...... CADILLAC ELDORADO ...... 41 20,540 1.9961 159 VOLVO ...... 960 ...... 13 6,826 1.9045 160 VOLVO ...... 940 ...... 43 22,767 1.8887 161 JAGUAR ...... XJS ...... 3 1,625 1.8462 162 TOYOTA ...... PREVIA ...... 67 36,970 1.8123 163 CHRYSLER CORP ...... EAGLE VISION ...... 51 28,642 1.7806 164 FORD MOTOR CO ...... RANGER PICKUP ...... 593 333,277 1.7793 165 GENERAL MOTORS ...... CADILLAC SEVILLE ...... 58 32,968 1.7593 166 CHRYSLER CORP ...... CONCORDE ...... 84 49,483 1.6976 167 CHRYSLER CORP ...... DODGE DAKOTA PICKUP ...... 211 127,043 1.6609 168 GENERAL MOTORS ...... PONTIAC BONNEVILLE ...... 163 99,076 1.6452 169 ISUZU ...... TROOPER ...... 29 17,982 1.6127 170 MAZDA ...... MPV WAGON ...... 48 30,069 1.5963 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47433 THEFT RATES OF MODEL YEAR 1993 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 1993ÐContinued 1993 (per 1,000 vehi- Manufacturer Make/model (line) Thefts 1993 Production cles pro- (Mfr's) 1993 duced) theft rate 171 GENERAL MOTORS ...... BUICK RIVIERA ...... 7 4,437 1.5776 172 NISSAN ...... QUEST ...... 39 25,190 1.5482 173 AUDI ...... 90 ...... 13 8,501 1.5292 174 FORD MOTOR CO ...... AEROSTAR ...... 377 248,494 1.5171 175 SAAB ...... 900 ...... 15 9,943 1.5086 176 JAGUAR ...... XJ6 ...... 12 8,003 1.4994 177 CHRYSLER CORP ...... DODGE COLT/COLT VISTA ...... 55 38,339 1.4346 178 GENERAL MOTORS ...... OLDSMOBILE CUTLASS CRUISER ...... 9 6,330 1.4218 179 MERCEDES-BENZ ...... 124 ...... 35 25,290 1.3839 180 VOLVO ...... 240 ...... 20 14,985 1.3347 181 AUDI ...... S4 ...... 1 756 1.3228 182 GENERAL MOTORS ...... OLDSMOBILE 88 ROYALE ...... 73 58,942 1.2385 183 GENERAL MOTORS ...... CADILLAC FLEETWOOD ...... 32 26,899 1.1896 184 SAAB ...... 9000 ...... 10 9,745 1.0262 185 SUBARU ...... IMPREZA ...... 40 40,584 0.9856 186 CHRYSLER CORP ...... PLYMOUTH COLT/COLT VISTA ...... 37 38,339 0.9651 187 GENERAL MOTORS ...... BUICK PARK AVENUE ...... 42 51,244 0.8196 188 GENERAL MOTORS ...... BUICK LESABRE ...... 117 143,724 0.8141 189 GENERAL MOTORS ...... BUICK ROADMASTER ...... 28 36,289 0.7716 190 VOLKSWAGEN ...... JETTA ...... 5 6,494 0.7699 191 AUDI ...... 100 ...... 5 6,764 0.7392 192 GENERAL MOTORS ...... SATURN SL ...... 122 165,754 0.7360 193 GENERAL MOTORS ...... OLDSMOBILE 98/TOURING ...... 13 18,857 0.6894 194 VOLKSWAGEN ...... GOLF/GTI ...... 2 2,946 0.6789 195 FORD MOTOR CO ...... F150 PICKUP TRUCK ...... 268 436,016 0.6147 196 FORD MOTOR CO ...... MERCURY VILLAGER (MPV) ...... 52 94,655 0.5494 197 SUBARU ...... JUSTY ...... 2 4,071 0.4913 198 CHRYSLER CORP ...... DODGE RAM PICKUP D150 ...... 6 13,349 0.4495 199 GENERAL MOTORS ...... SATURN SW ...... 4 13,821 0.2894 200 ALFA ROMEO ...... SPIDER ...... 0 509 0.0000 201 CHRYSLER CORP ...... DODGE VIPER ...... 0 910 0.0000 202 FERRARI ...... 348 ...... 0 70 0.0000 203 FERRARI ...... 512 ...... 0 91 0.0000 204 FERRARI ...... MONDIAL ...... 0 24 0.0000 205 JAGUAR ...... XJRS ...... 0 99 0.0000 206 KIA MOTORS ...... SEPHIA ...... 0 200 0.0000 207 LAMBORGHINI ...... DIABLO ...... 0 13 0.0000 208 LOTUS ...... ESPIRIT ...... 0 113 0.0000 209 PEUGEOT ...... 405 ...... 0 14 0.0000 210 ROLLS-ROYCE ...... CORNICHE/CONTINENTAL ...... 0 145 0.0000 211 ROLLS-ROYCE ...... SIL SPIRIT/SPUR/MULS/EIGHT ...... 0 99 0.0000 212 ROLLS-ROYCE ...... TURBOR R ...... 0 36 0.0000 213 SUBARU ...... SVX ...... 0 302 0.0000 Issued on: September 6, 1995. SUMMARY: On September 8, 1995, the DATES: The public meeting will be held Barry Felrice, Department of Transportation and the on September 20, 1995, starting at 10 Associate Administrator for Safety Federal Aviation Administration a.m. Pursuant to the September 8, 1995 Performance Standards. published a supplemental notice of a Supplemental Notice, written comments [FR Doc. 95–22584 Filed 9–11–95; 8:45 am] proposed policy statement in the are also invited and must be received on BILLING CODE 4910±59±P Federal Register with respect to fair and or before October 23, 1995. reasonable and not unjustly discriminatory airport rates and charges ADDRESSES: The public meeting will be Federal Aviation Administration and announced that at least two held at the Worthington Hotel, 200 Main Street, Fort Worth, Texas 76102. [Docket No. 27782] meetings for oral views would be held. The proposed policy statement sets Overnight accommodations are RIN 2120±AF90 forth DOT/FAA policy regarding airport available at the hotel, at the government practices that DOT/FAA would consider rate of $71.00 per night. Reservations Proposed Policy Regarding Airport to be consistent with Federal may be made by phoning 1–800–433– Rates and Charges requirements for airport rates and 5677 and referring to the FAA public hearing. Persons unable to attend the AGENCY: Department of Transportation charges for aeronautical uses. This (DOT), Federal Aviation Administration notice announces the date, time, meeting may mail their comments in (FAA). location and procedures for the first quadruplicate to: Federal Aviation meeting. A separate notice will be Administration, Office of Chief Counsel, ACTION: Notice of meeting. published about additional meetings. Attention: Rules Docket (AGC–200), 47434 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices Dockets No. 27782, 800 Independence Background comments and question other Avenue, SW., Washington, DC 20591. On September 8, 1995, the DOT and participants. Presentations by FOR FURTHER INFORMATION CONTACT: FAA jointly published in the Federal commenters will be made on panels of Requests to participate in public Register a supplemental notice of up to 5 persons, rather than meeting should be directed to Mayte proposed policy regarding fair and individually. The Department will Agosto at (202) 267–8972 or Kevin reasonable nondiscriminatory airport assign interested persons to panels Hehir at (202) 267–8224, Federal rates and charges. Specifically, the before the meeting, and will attempt to Aviation Administration, Airport Safety supplemental notice of proposed policy have each panel representative of and Compliance Branch, AAS–311, 800 sets forth proposed revisions to the different segments of the industry. At a Independence Ave. SW., Washington, interim final policy on airport rates and minimum, each panel should include DC 20591. charges published jointly by the DOT both airline and airport representatives. Questions concerning the subject and FAA on February 3, 1995 (60 FR matter of the meeting may be directed (7) Each participant on a panel may 6906). In the February 3 publication, to Barry Molar, Federal Aviation make a brief opening statement and DOT/FAA requested comments on the Administration, Airports Law Branch, submit written materials for the record. interim policy, and the supplemental AGC–610, 800 Independence Ave. SW., After completion of the statements by notice reflects DOT/FAA consideration Washington, DC 20591; telephone (202) all members of the panel, agency of the comments received. DOT/FAA 267–3473. personnel will question commenters on have published the supplemental notice The full text of the Supplemental their statements and views, and may Notice is also available on the Office of of proposed policy for comment and are conducting public meetings to assure inquire into commenters’ experience Airport Safety and Standards Electronic with specific industry practices. Bulletin Board. Persons with a computer that any modifications in the interim policy are based on as full an Appropriate questions may be directed and modem, and communications by one panel member to another, software, can access the bulletin board understanding of the industry practices through the agency moderator. by setting the modem parameters to as possible and to provide a full Questions and comments from the floor match those of the bulletin board before opportunity for industry input into the dialing. Upon connection with the policy. The meetings will be structured will be taken if time permits. bulletin board for the first time, users to permit informal discussion among the (8) Opening statements will be limited are required to register by answering a various interested parties rather than to 2 minutes. Each panel will be limited short questionnaire. The bulletin board simply delivery of prepared comments to no more than one hour. The meeting is menu-driven, and detailed for the record. will include as many panels as are instructions for downloading files are Meeting Procedures necessary to accommodate all interested provided. The Supplemental Notice commenters. cannot be read on-line, but can be easily The following procedures are (9) The meeting will be recorded by downloaded and saved. established to facilitate the meeting: The bulletin board parameters are as (1) There will be no admission fee or a court reporter. A transcript of the follows: other charge to attend or to participate meeting and any material accepted by Telephone number: (202) 267–5205, or in the meeting. The meeting will be the panel during the meeting will be 1–800–224–6287 via FAA Corporate open to all persons who have requested included in the public docket. Any Bulletin Board in advance to participate. Registration person who is interested in purchasing Data bits: 8 will be available on the day of the a copy of the transcript should contact Parity: None meeting (between 9:00 a.m. and 10:00 the court reporter directly. This Stop bits: 1 a.m.). However, in view of the format of information will be available at the Baud rate: 300/1200/2400/9600/14400 the meetings, there is no assurance that meeting. System operator: Jeff Rapol, AAS–200 persons who register on the day of the (10) The DOT/FAA will review and (202) 267–7474 meeting will have the opportunity to consider all material presented by SUPPLEMENTARY INFORMATION: fully participate. (2) There will be a morning and participants at the meeting. Position Participation at the Meeting afternoon break as well as a break for papers or material presenting views or Requests from persons who wish to lunch. information related to the proposed participate at the public meeting should (3) The meeting may adjourn early if policy statement may be accepted at the be received by the FAA no later than scheduled panels of speakers complete discretion of the presiding officer and September 15, 1995. Such requests their presentations in less time than is subsequently placed in the public should be submitted to Mayte Agosto as scheduled for the meeting. docket. The FAA requests that persons listed in the section title FOR FURTHER (4) DOT/FAA will try to accommodate participating in the meeting provide 10 INFORMATION CONTACT and should all speakers in the context of the format copies of all materials to be presented include a statement of the interest for this public meeting. However, the for distribution to the panel members; represented by the speaker, e.g., as a FAA reserves the right to exclude some other copies may be provided to the representative of an airport proprietor, speakers if necessary to assure that all audience at the discretion of the an air carrier, a foreign air carrier, or panels represent a balance of viewpoints participant. other aeronautical user. Requests and concerns. (11) Statements made by members of (5) Sign and oral interpretation can be received after the date specified above the meeting panel are intended to will be scheduled if they can be made available at the meeting, as well facilitate discussion of the issues or to accommodated, but in view of the as an assistive listening device, if format for presentation, as discussed requested at the above number by clarify issues. Any statement made below, accommodation of late requests September 15, 1995. during the meeting by a member of the cannot be assured. The FAA will (6) Representatives of the FAA will panel is not intended to be, and should prepare an agenda of speakers that will preside over the meeting. A panel of not be construed as, a position of the be available at the time of the meeting. DOT and FAA personnel will hear FAA. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47435 Issued in Washington, DC, on September 8, Currently, information contained in SYSTEM LOCATION: 1995. the payment records of FMS (not The Financial Management Service, Cynthia Rich, included in Treasury/FMS .002) is not U.S. Department of the Treasury, Assistant Administrator for Airports. retrievable by personal identifier, and Washington, DC 20227. Records [FR Doc. 95–22735 Filed 9–11–95; 8:45 am] these records have not been considered maintained at Financial Centers in six BILLING CODE 4910±13±M a ‘‘system of records’’ under the Privacy regions: Austin, TX; Birmingham, AL; Act of 1974. Chicago, IL; Kansas City, MO; FMS has been designated by the Philadelphia, PA; and San Francisco, DEPARTMENT OF THE TREASURY Office of Management and Budget as the CA. lead agency in credit management and Financial Management Service CATEGORIES OF INDIVIDUALS COVERED BY THE debt collection for the Federal SYSTEM: Privacy Act of 1974, as Amended; New Government. FMS is establishing this Persons who are the intended System of Records system of records to more effectively recipients or recipients of payments apply certain debt collection tools from the United States Government, and AGENCY: Financial Management Service, established under Federal law such as for whom vouchers have been certified Treasury. tax refund offset under section 31 U.S.C. for payment by departments or agencies ACTION: Notice of proposed system of 3720A, administrative offset under 31 and sent to FMS for disbursement. records. U.S.C. 3716, and Federal employee salary offset under 5 U.S.C. 5514. FMS CATEGORIES OF RECORDS IN THE SYSTEM: SUMMARY: The Department of the also intends to use this system to report Payment records showing name, Treasury, Financial Management vendor payments to the Internal social security or employer Service (FMS), proposes to add a new Revenue Service (IRS) in accordance identification number or other agency record system entitled ‘‘Payment with 26 U.S.C. 6041. identification number, address, payment Records for Other than Regular amount, date of issuance, check number Recurring Benefit Payments—Treasury/ In order to facilitate the collection of delinquent debts and the reporting of and symbol or other payment Financial Management Service— identification number, routing number Treasury/FMS .016,’’ to its inventory of vendor payments to IRS, FMS intends to obtain personal identifier(s) as part of of the payee’s financial institution and systems of records subject to the Privacy the payee’s account number at the Act of 1974, as amended (5 U.S.C. 552a). payment certifications received from departments and agencies. This action financial institution, vendor contract DATES: Comments must be received no and/or purchase order, and the name later than October 12, 1995. The will not result in any additional data collection from the public since the and location number of the certifying proposed system of records will be department or agency. effective October 23, 1995, unless FMS departments and agencies already have receives comments which would result this information. However, it will AUTHORITY FOR MAINTENANCE OF THE SYSTEM: in a contrary determination. change the status of the non-recurring 5 U.S.C. 301; Executive Order 6166, ADDRESSES: Comments must be payment records maintained by FMS to dated June 10, 1933. submitted to Debt Management a ‘‘system of records’’ as defined by the PURPOSE: Services, Financial Management Privacy Act of 1974. Service, 401 14th Street, SW, Room 151, Given the nature of the information To facilitate disbursement of Federal Washington, DC 20227. Comments that will be maintained and its proposed monies to individuals by check or received will be available for inspection use, the Privacy Act of 1974, as electronically, authorized under various at the same address between the hours amended, 5 U.S.C. 552a, requires FMS programs of the Federal Government. of 9 a.m. and 4 p.m. Monday through to give general notice and seek public ROUTINE USES OF RECORDS MAINTAINED IN THE Friday. comments. SYSTEM, INCLUDING CATEGORIES OF USERS AND FOR FURTHER INFORMATION CONTACT: The new system report, as required by THE PURPOSES OF SUCH USES: Gerry Isenberg, Debt Management the Privacy Act of 1974, was submitted These records and information in Services, (202) 874–6660. to the Committee on Government these records may be used to: (1) SUPPLEMENTARY INFORMATION: The Operations of the House of Disclose to the banking industry for purpose of this system is to facilitate the Representatives, the Committee on payment verification; (2) disclose to disbursement of Federal payments to Governmental Affairs of the Senate, and Federal agencies, departments and individuals, corporations and other the Office of Management and Budget agencies for whom payments are made, entities. Currently, FMS has a system of (OMB), pursuant to Appendix I to OMB and payees; (3) disclose pertinent records entitled ‘‘Payment Issue Records Circular No. A–130, ‘‘Federal Agency information to appropriate Federal, for Regular Recurring Benefit Responsibilities for Maintaining State, local or foreign agencies Payments—Treasury/FMS .002,’’ Records About Individuals,’’ dated July responsible for investigating or however, this system of records covers 15, 1994 (59 FR 37914, July 25, 1994). prosecuting violations of, or for only six types of Federal payments. The enforcing or implementing, a statute, Dated: August 29, 1995. proposed system is intended to include rule, regulation, order, or license, where all records for payments not included in Alex Rodriguez, the disclosing agency becomes aware of Treasury/FMS .002 such as vendor Deputy Assistant Secretary (Administration). an indication of a violation or potential payments, Federal salary payments, and violation of civil or criminal law or Treasury/FMS .016 Veterans’ benefit payments. regulation; (4) disclose information to a FMS is the central disbursing source Federal, State, or local agency, SYSTEM NAME: for the Federal Government and maintaining civil, criminal or other currently receives recurring and non- Payment Records for Other Than relevant enforcement information or recurring payment certification records Regular Recurring Benefit Payments- other pertinent information, which has from departments and agencies of the Treasury/Financial Management requested information relevant to or Government. Service. necessary to the requesting agency’s or 47436 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices the bureau’s hiring or retention of an limited access areas during duty hours under sections 9304 to 9308, Title 31, of individual, or issuance of a security and in locked cabinets at all other times. the United States Code. Federal bond- clearance, license, contract, grant, or Records are password protected and are approving officers should annotate their other benefit; (5) disclose information to maintained in a building subject to 24- reference copies of the Treasury Circular a court, magistrate, or administrative hour security. 570, 1995 Revision, on page 34446 to tribunal in the course of presenting reflect this addition: RETENTION AND DISPOSAL: evidence, including disclosures to RLI Insurance Company BUSINESS opposing counsel or witnesses in the Records are retained for three years. ADDRESS: 9025 N. Lindbergh Drive, Peoria, course of civil discovery, litigation, or Records are disposed of in accordance Illinois 61615 PHONE: (309) 692–1000. settlement negotiations, in response to a with Treasury Directive 25–02, Records UNDERWRITING LIMITATION b/: subpoena, or in connection with Disposition Management Program. $11,642,000. SURETY LICENSES c/: AL, AK, AS, AZ, AR, CA, CO, CT, DE, DC, FL, GA, criminal law proceedings; (6) disclose SYSTEM MANAGER(S) AND ADDRESSES: information to foreign governments in HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, Chief Disbursing Officer, Financial MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, accordance with formal or informal Management Service, 401 14th Street, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, international agreements; (7) provide SW, Washington, DC 20227. SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. information to a congressional office in INCORPORATED IN: Illinois response to an inquiry made at the NOTIFICATION PROCEDURE: Certificates of Authority expire on request of the individual to whom the Inquiries under the Privacy Act of June 30 each year, unless revoked prior record pertains; (8) provide information 1974 shall be sent to the Disclosure to that date. The Certificates are subject to the news media in accordance with Officer at 401 14th Street, SW, to subsequent annual renewal as long as guidelines contained in 28 CFR 50.2 Washington, DC 20227. All individuals the companies remain qualified (31 CFR which relate to an agency’s functions making inquiries should provide with part 223). A list of qualified companies relating to civil and criminal their request as much descriptive matter is published annually as of July 1 in proceedings; (9) provide information to as is possible to identify the particular Treasury Department Circular 570, with unions recognized as exclusive record desired. The System Manager details as to underwriting limitations, bargaining representatives under the will advise as to whether the Service areas in which licensed to transact Civil Service Reform Act of 1978, 5 maintains the record requested by the surety business and other information. U.S.C. 7111 and 7114; (10) provide individual. Copies of the Circular may be information to third parties during the obtained by calling the U.S. Department RECORD ACCESS PROCEDURES: course of an investigation to the extent of the Treasury, Financial Management necessary to obtain information Individuals requesting information Service, computerized public bulletin pertinent to the investigation; (11) under the Privacy Act of 1974 board system (FMS Inside Line) at (202) disclose information concerning concerning procedures for gaining 874–6817/7034/6953/6872 or by delinquent debtors to Federal creditor access or contesting records should purchasing a hard copy from the agencies, their employees, or their write to the Disclosure Officer at the Government Printing Office (GPO), agents for the purpose of facilitating or address shown above. All individuals Washington, DC, telephone (202) 512– conducting Federal administrative are urged to examine the rules of the 1800. When ordering the Circular from offset, Federal tax refund offset, Federal U.S. Department of the Treasury GPO, use the following stock number: salary offset, or for any other authorized published in 31 CFR part 1, subpart C 048–000–00489–0. debt collection purpose; and (12) concerning requirements of this For further assistance, contact the disclose to the Defense Manpower Data department with respect to the Privacy U.S. Department of the Treasury, Center and the United States Postal Act of 1974. Financial Management Service, Funds Service and other Federal agencies CONTESTING RECORD PROCEDURES: Management Division, Surety Bond through authorized computer matching Branch, 3700 East-West Highway, Room programs for the purpose of identifying See Record Access Procedures above. 6F04, Hyattsville, MD 20782, telephone and locating individuals who are RECORD SOURCE CATEGORIES: (202) 874–6905 or (202) 874–9978 (fax). delinquent in their repayment of debts owed to the Department or other Federal Information is obtained from Dated: August 23, 1995. agencies in order to collect those debts vouchers, payment tapes and electronic Charles F. Schwan III, through salary offset and administrative data transmissions via the Electronic Director, Funds Management Division, offset, or by the use of other debt Certification System by departments Financial Management Service. collection tools. and agencies for whom payments are [FR Doc. 95–22623 Filed 9–11–95; 8:45 am] made. BILLING CODE 4810±35±M POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND EXEMPTIONS CLAIMED FOR THE SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: None. DEPARTMENT OF VETERANS STORAGE: [FR Doc. 95–22553 Filed 9–11–95; 8:45 am] AFFAIRS Storage is on magnetic media and BILLING CODE 4810±35±P hard copy. Medical Research Services Cooperative Studies Evaluation RETRIEVABILITY: Fiscal Service Committee; Notice of Meeting Records are retrieved by name, [Dept. Circ. 570, 1995 Rev., Supp. No. 1] employer identification number (EIN) The Department of Veterans Affairs and social security number. Surety Companies Acceptable on gives notice under Public Law 92–463 Federal Bonds; RLI Insurance Co. (Federal Advisory Committee Act) as SAFEGUARDS: amended, by section 5(c) of Public Law These records are available only to A Certificate of Authority as an 94–409 that a meeting of the Medical those persons whose official duties acceptable surety on Federal Bonds is Research Services Evaluation require such access. Records are kept in hereby issued to the following company Committee will be held at the Back Bay Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Notices 47437 Hilton Hotel, 40 Dalton Street, Boston, protocols, and the scientific validity and Pub. L. 92–463, as amended by section MA on November 7–8, 1995. The propriety of technical details, including 5(c) of Pub. L. 94–409, and 5 U.S.C. session on November 7 is scheduled to protection of human subjects. 552b (c)(6). During this portion of the begin at 7:30 a.m. and end at 5:30 p.m. The meeting will be open to the meeting, discussions and and on November 8 from 7:30 a.m. to public up to the seating capacity of the recommendations will deal with 6:00 p.m. The meeting will be for the room from 7:30 a.m. to 8:00 a.m. on both qualifications of personnel conducting purpose of reviewing six new protocols days to discuss the general status of the the studies, staff and consultant for multi-hospital clinical trials: one on program. To assure adequate critiques of research protocols, and accommodations, those who plan to treatment of PTSD; one on treatment of similar documents, and the medical alcoholism; one on atherosclerosis; one attend should contact Dr. Ping Huang, records of patients who are study on prevention of skin cancer; one on Coordinator, Medical Research Service subjects, the disclosure of which would atrial fibrillation; one on vascular Cooperative Studies Evaluation surgery and the progress of two on-going Committee, Department of Veterans constitute a clearly unwarranted cooperative studies, one on aneurysm Affairs, Washington, DC (202–565– invasion of personal privacy. detection and one on cholesterol and 7154), prior to October 15, 1995. Dated: August 31, 1995. heart diseases. The meeting will be closed from 8:00 By Direction of the Secretary. The Committee advises the Director, a.m. to 5:30 p.m. on November 7, 1995 Heyward Bannister, Medical Research Service, through the and from 8:00 a.m. to 6:00 p.m. on Chief of the Cooperative Studies November 8, 1995 for consideration of Committee Management Officer. Program on the relevance and feasibility specific proposal in accordance with [FR Doc. 95–22554 Filed 9–11–95;8:45am] of the studies, the adequacy of the provisions set forth in section 10(d) of BILLING CODE 8320±01±M 47438 Sunshine Act Meetings Federal Register Vol. 60, No. 176 Tuesday, September 12, 1995 This section of the FEDERAL REGISTER during the session. This meeting is SUPPLEMENTAL INFORMATION: DOE has contains notices of meetings published under noticed pursuant to the provisions of the responsibility to conduct its the ``Government in the Sunshine Act'' (Pub. the ‘‘Government in the Sunshine Act’’ operations in a manner that protects L. 94-409) 5 U.S.C. 552b(e)(3). (5 U.S.C. § 552b), notice of the open public health and safety and the meeting is a part of the Board’s environment. One of the ways that DOE continuing effort to inform the public accomplishes this is through its rules, ASSASSINATION RECORDS REVIEW BOARD regarding DOE’s standards-based safety orders, and directives systems, which TIME AND DATE: 9:00 a.m., September 20– management program. directly govern the conduct of DOE’s 21, 1995. TIME AND DATE: 10:00 a.m., September defense nuclear activities. PLACE: ARRB, 600 E Street, NW, 2nd 20, 1995. The Board has a responsibility for Floor, Washington, DC. oversight of DOE’s development of STATUS: Open and Closed. PLACE: The Department of Energy, Room nuclear health and safety requirements MATTERS TO BE CONSIDERED: 8E–089, 1000 Independence Avenue, at defense nuclear facilities. DOE is now SW., Washington, DC 20585. embarked upon a transition from the use September 20, 9:00 a.m.: Closed Meeting STATUS: Open. of safety Orders to rules to manage its 1. Review and Accept Minutes of August requirements-based safety program. The Closed Meetings. MATTERS TO BE CONSIDERED: The Board Board’s most recent effort to ensure that 2. Review of Assassination Records. and the Deputy Secretary of Energy will the ‘‘good engineering practices’’ 3. Other Business. convene a joint consultative session codified in DOE’s safety Orders are regarding DOE’s standards-based safety September 21, 9:00 a.m.: Open Meeting maintained was expressed in its management program. 42 U.S.C. § 2286b Recommendation 94–5, dated December 1. Review and Accept Minutes of August requires the Board to continuously 29, 1995. Recommendation 94–5, in its 3 Open Meeting. review and evaluate the content and 2. Discuss and Vote on Privacy Act entirety, is on file in DOE’s Public implementation of standards relating to Reading Rooms, at the Defense Nuclear Regulation and other notices for Federal the design, construction, operation, and Register. Facilities Safety Board’s Washington 3. Other Business. decommissioning of defense nuclear office, and on the Internet through facilities of DOE. Those standards access to the Board’s electronic bulletin September 21, 10:00 a.m.: Continuation include rules, DOE safety Orders, and board at the following address: gopher:/ of Closed Meeting other requirements. The Board, acting /gopher.dnfsb.gov:7070. It is also set CONTACT PERSON FOR MORE INFORMATION: pursuant to its enabling statute, has forth in the Federal Register at 60 FR Thomas Samoluk, Associate Director for issued a series of recommendations 2089. Communications, 600 E Street, NW, (most notably 90–2 and 94–5) designed The Deputy Secretary of Energy seeks Second Floor, Washington, DC 20530. to foster the development of an effective early notice of any safety issues which Telephone: (202) 724–0088; Fax: (202) standards-based nuclear safety program the Board may have identified in the 724–0457. within DOE. The Secretary of Energy draft revised rules and Orders. In accord David G. Marwell, has accepted each of these with the statute establishing the Board, Executive Director. recommendations. In the meantime, a public session will be conducted in DOE is engaged in a number of [FR Doc. 95–22706 Filed 9–8–95; 8:45 am] which individual Board members may initiatives designed to simplify existing BILLING CODE 6820±TD±M provide preliminary advice to the safety Orders and to promulgate new Deputy Secretary on matters needing and more effective safety rules. The further DOE review and to receive DEFENSE NUCLEAR FACILITIES SAFETY Secretary of Energy’s commitment to information from DOE on how rules, BOARD implementing Board recommendations Orders, and other safety requirements Notice is hereby given of an open calling for an effective standards-based are being revised and integrated into an meeting of the Defense Nuclear safety management program will require overall safety management program for Facilities Safety Board (Board) with careful integration with these recent defense nuclear facilities. representatives of the Department of DOE initiatives. The Board has already A transcript of this proceeding will be Energy (DOE) regarding the held two open Board meetings regarding made available by the Board for Department’s standards-based safety its review of DOE efforts to revise and inspection by the public at the Defense management program. The purpose of improve nuclear safety requirements. Nuclear Facilities Safety Board’s the meeting is twofold: (1) For DOE to This will be the third session in that Washington office. provide information to the Board series. Since the Board’s statutory The Board also intends to notice and regarding the status of DOE’s review and responsibility for oversight of nuclear conduct further public hearings revision of nuclear safety Orders and safety standards for DOE facilities is a pursuant to 42 U.S.C. § 2286b, at a later rules, and (2) to allow the Deputy continuing one, additional meetings are date, to assess DOE’s progress in Secretary of Energy to obtain the anticipated. implementing an effective standards- preliminary advice of individual Board CONTACT PERSON FOR MORE INFORMATION: based safety program for DOE’s defense members in identifying any significant Robert M. Anderson, General Counsel, nuclear facilities and to assure that safety issues raised by the Board’s Defense Nuclear Facilities Safety Board, DOE’s activities in streamlining DOE’s review of draft revisions to date. No 625 Indiana Avenue, NW, Suite 700, nuclear safety order system and Board decision will be reached, nor will Washington, DC 20004, (800) 788–4016. converting to a regulatory program do agency business be finally disposed of This is a toll free number. not eliminate the engineering practices Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Sunshine Act Meetings 47439 now codified in its safety Orders that (Contact: Andrew Bates, 301–415–1963) ADDRESS: The meeting will be held at are necessary to adequately protect Tuesday, September 12 the Pennsylvania Avenue Development public health and safety. Corporation, Suite 1220 North, 1331 10:30 a.m. and 1:30 p.m. Pennsylvania Avenue, N.W., Dated: September 8, 1995. All Employees Meetings (Public Meetings) John T. Conway, on ‘‘The Green’’ Plaza Area between Washington, D.C. Chairman. buildings at White Flint SUPPLEMENTARY INFORMATION: This (Contact: Beth Hayden, 301–415–8200) meeting is held in accordance with 36 [FR Doc. 95–22770 Filed 9–8–95; 3:06 pm] Code of Federal Regulations Part 901, Week of September 18—Tentative BILLING CODE 3670±01±M and is open to the public. There are no meetings scheduled for the Week of September 18. Dated: September 7, 1995. BOARD OF GOVERNORS OF THE FEDERAL Lester M. Hunkele III, Week of September 25—Tentative RESERVE SYSTEM Executive Director. TIME AND DATE: 11:00 a.m., Monday, There are no meetings scheduled for the [FR Doc. 95–22663 Filed 9–7–95; 4:57 pm] Week of September 25. September 18, 1995. BILLING CODE 7630±01±M PLACE: Marriner S. Eccles Federal Week of October 2—Tentative Reserve Board Building, C Street Tuesday, October 3 entrance between 20th and 21st Streets, SECURITIES AND EXCHANGE COMMISSION N.W., Washington, D.C. 20551. 10:00 a.m. Briefing by National Academy of Sciences Agency Meeting STATUS: Closed. (NAS) on Recommendations for Notice is hereby given, pursuant to MATTERS TO BE CONSIDERED: Technical Bases of Yucca Mountain the provisions of the Government in the 1. Personnel actions (appointments, Standards (Public Meeting) Sunshine Act, Pub. L. 94–409, that the promotions, assignments, reassignments, and Note: The Nuclear Regulatory Commission Securities and Exchange Commission salary actions) involving individual Federal is operating under a delegation of authority will hold the following meeting during Reserve System employees. to Chairman Shirley Ann Jackson, because the week of September 11, 1995. 2. Any items carried forward from a with three vacancies on the Commission, it A closed meeting will be held on previously announced meeting. is temporarily without a quorum. As a legal matter, therefore, the Sunshine Act does not Thursday, September 14, 1995, at 10:30 CONTACT PERSON FOR MORE INFORMATION: apply; but in the interests of openness and a.m. Mr. Joseph R. Coyne, Assistant to the public accountability, the Commission will Commissioners, Counsel to the Board; (202) 452–3204. You may call conduct business as though the Sunshine Act Commissioners, the Secretary to the (202) 452–3207, beginning at were applicable. Commission, and recording secretaries approximately 5 p.m. two business days will attend the closed meetings. Certain before this meeting, for a recorded The schedule for Commission staff members who have an interest in announcement of bank and bank meetings is subject to change on short the matters may also be present. holding company applications notice. To verify the status of meetings The General Counsel of the scheduled for the meeting. call (Recording)—(301) 415–1292. Commission, or his designee, has Dated: September 8, 1995. CONTACT PERSON FOR MORE INFORMATION: certified that, in his opinion, one or Bill Hill (301) 415–1661. more of the exemptions set forth in 5 Jennifer J. Johnson, U.S.C. 552b(c)(4), (8), (9)(A) and (10) Deputy Secretary of the Board. This notice is distributed by mail to several hundred subscribers; if you no longer wish and 17 CFR 200.402(a)(4), (8), (9)(i) and [FR Doc. 95–22774 Filed 9–8–95; 3:07 pm] to receive it, or would like to be added to it, (10), permit consideration of the BILLING CODE 6210±01±P please contact the Office of the Secretary, scheduled matters at the closed meeting. NUCLEAR REGULATORY COMMISSION Attn: Operations Branch, Washington, D.C. Commissioner Wallman, as duty 20555 (301–415–1963). officer, voted to consider the items DATE: Weeks of September 11, 18, 25, In addition, distribution of this meeting listed for the closed meeting in a closed and October 2, 1995. notice over the internet system is available. session. PLACE: Commissioners’ Conference If you are interested in receiving this The subject matter of the closed Room, 11555 Rockville Pike, Rockville, Commission meeting schedule electronically, meeting scheduled for Thursday, Maryland. please send an electronic message to [email protected] or [email protected]. September 14, 1995, at 10:30 a.m., will STATUS: Public. be: Dated: September 7, 1995. MATTERS TO BE CONSIDERED: William M. Hill, Jr., Institution of injunctive actions. Settlement of injunctive actions. Week of September 11 SECY Tracking Officer, Office of the Institution of administrative proceedings of Secretary. Monday, September 11 enforcement nature. [FR Doc. 95–22704 Filed 9–8–95; 11:21 am] Settlement of administrative proceedings 1:30 p.m. BILLING CODE 7590±01±M of an enforcement nature. Briefing on Status of Watts Bar Licensing (Public Meeting) At times, changes in Commission (Contact: Steve Varga, 301–415–1403) PENNSYLVANIA AVENUE DEVELOPMENT priorities require alterations in the 3:30 p.m. CORPORATION scheduling of meeting items. For further Affirmation Session (Public Meeting) information and to ascertain what, if (Please Note: These items will be affirmed Board of Directors Meeting any, matters have been added, deleted immediately following the conclusion of the preceding meeting.) ACTION: The Pennsylvania Avenue or postponed, please contact: The Office a. Revisions to Regulatory Requirements Development Corporation announces of the Secretary (202) 942–7070. for Reactor Pressure Vessel Integrity in the date of their forthcoming quarterly Dated: September 7, 1995. 10 CFR Part 50 (Tentative) meeting of the Board of Directors. Jonathan G. Katz, b. Final Amendment to 10 CFR Part 50, Secretary. Appendix J, ‘‘Containment Leakage DATE: A regular open meeting will be Testing,’’ to Adopt Performance-Oriented held Wednesday, September 27, 1995, at [FR Doc. 95–22710 Filed 9–8–95; 11:24 am] and Risk-Based Approaches (Tentative) 10:00 a.m. BILLING CODE 8010±01±M federal register September 12,1995 Tuesday Rule Buy AmericaRequirements;Proposed 49 CFRPart661 Federal TransitAdministration Transportation Department of Part II 47441 47442 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules DEPARTMENT OF TRANSPORTATION B. Intentional Violations (§ 661.18) Section 661.11, which sets out the Section 1048(b) amends 49 U.S.C. separate requirements for rolling stock, Federal Transit Administration defines, at subsection (e), component as 5323(j) by inserting subsection (5), ‘‘any article, material, or supply, which states that any person determined 49 CFR Part 661 whether manufactured or by a Federal agency or court to have unmanufactured, that is directly [Docket No. FTA±95±471] affixed a false ‘‘Made In America’’ label incorporated into the end product at the to or misrepresented the origin of a RIN 2132±AA42 final assembly location.’’ foreign product, shall be ineligible to Buy America Requirements However, many suppliers of receive contracts funded by ISTEA, manufactured products have pointed pursuant to suspension and debarment AGENCY: Federal Transit Administration, out to the FTA that neither section 661.3 DOT. proceedings. FTA intends to add new (general definitions) nor section 661.5 section 661.18 to implement this ACTION: Notice of proposed rulemaking. (requirements for manufactured statutory change. products) contains a similar definition SUMMARY: This notice of proposed C. Limitation on Applicability of of component. They have therefore rulemaking seeks to implement section Waivers (§ 661.7) asked FTA for guidance in determining 1048 of the Intermodal Surface what constitutes a component of a Transportation Efficiency Act of 1991 Section 1048(b) also amends 49 U.S.C. manufactured product. (Public Law 102–240) (ISTEA), which 5323(j) by adding subsection (4), which FTA notes that the definition of amended the Federal Transit provides that if a foreign country is component of subsection 661.11(e) Administration’s (FTA) Buy America party to an agreement with the United parallels that of the Federal Acquisition requirements. FTA requests comments States under which the Buy America Regulations implementing the Buy on its proposed implementation of the requirements are waived, and the American Act of 1933 (49 U.S.C. § 10a– statutory provisions and on other foreign country violates the agreement d), which applies to manufactured proposed amendments intended to by discriminating against U.S. goods, products generally. FTA therefore update and clarify its Buy America products from that country shall not be considers that it is appropriate to apply regulation, 49 CFR Part 661. eligible for waivers under 49 U.S.C. this definition to components of DATES: Comments must be received on 5323(j). FTA notes that there is manufactured products as well as to or before November 13, 1995. currently no agreement between the components of rolling stock. ADDRESSES: All comments concerning United States and a foreign country Accordingly, FTA proposes to add it to these proposed regulations should be which waives the Buy America the definitions provision of the sent to Docket Clerk, Docket No. FTA– requirements. FTA therefore considers regulation, section 661.11(3). 95–471, Department of Transportation, this provision inoperative at the present time. FTA intends to amend 49 CFR B. Component Requirement for Room PL–401, 400 Seventh Street SW., Manufactured Products (§ 661.5(d)(2)) Washington, DC 20590. 661.7 to add a new subsection that will FOR FURTHER INFORMATION CONTACT: reflect this statutory change, and seeks Section 165(b)(3) of the STAA, as Rita Daguillard, Office of the Chief comment on whether its conclusion that amended by section 337 of STURAA, Counsel, (202) 366–1936. 49 U.S.C. 5323(j)(4) is not applicable at imposes domestic preference this time requires further discussion or requirements on the subcomponents of SUPPLEMENTARY INFORMATION: expansion. components of rolling stock and I. The ISTEA Amendments associated equipment. No such similar II. Amendments to Update and Clarify statutory changes were made to section A. Addition of ‘‘Iron’’ (§§ 661.5(a)–(c)) the Buy America Regulation 165(a) for manufactured products. Section 1048 of ISTEA amends 49 FTA also seeks to update the Therefore, the agency concluded that a U.S.C. 5323(j) by adding ‘‘iron’’ to the regulation by removing provisions that manufactured product is of domestic products covered, and by inserting two are no longer applicable, and to clarify origin if it is manufactured in the new subsections concerning waivers of certain other provisions. United States. In other words, in the Buy America requirements. By determining the origin of a component A. Definition of ‘‘Component’’ (§ 661.3) adding the word ‘‘iron,’’ Congress has of a manufactured product governed by extended Buy America protection to 49 CFR Part 661, consistent with the section 165(a), FTA will look only to iron and iron products, in addition to Surface Transportation Assistance Act where the product is manufactured, and steel and manufactured products, which of 1982 (STAA) and the Surface will not look to the origin of the various were previously protected. FTA intends Transportation and Uniform Relocation materials included in the product to amend 49 CFR 661.5 (a) and (b) to Assistance Act (STURAA), establishes during the manufacturing process. reflect this statutory amendment. FTA separate requirements for manufactured However, subsection 661.5(d)(2) of also proposes to amend 49 CFR 661.5(c) products and for rolling stock. To be the regulation provides that for a to specify that both the iron and steel considered domestic, rolling stock must manufactured product to be considered requirements apply to items made be assembled in the United States and of U.S. origin, ‘‘all items or material primarily from those materials and used 60 percent of its components, by cost, used in the product must be of United in construction and rail projects. These must be of U.S. origin. For a States origin.’’ In FTA’s experience, the items include, but are not limited to, manufactured product to be considered language of this provision has often structural steel or iron, steel or iron domestic, all manufacturing processes created the incorrect assumption that in beams and columns, running rail and must take place in the United States and determining the origin of a contact rail. These requirements do not all of its components must be of U.S. manufactured product, FTA will apply to steel or iron used as origin. In both cases, then, to determine consider all of its material content, even components or subcomponents of other compliance with the Buy America at the subcomponent level and below. In manufactured products or rolling stock. requirements, it is necessary to identify order to correct this misperception, FTA FTA seeks comment on this proposed those parts of a product which may be proposes to amend subsection amendment of 49 CFR 661.5(c). considered components. 661.5(d)(2) to state that for a Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules 47443 manufactured product to be considered III. Regulatory Impacts 2. By adding in alphabetical order a of domestic origin, all of its components definition of ‘‘Component’’ to § 661.3 to A. Executive Order 12866 must be of United States origin. This read as follows: amended provision will also state that a FTA has determined that this action component will be considered of U.S. is not significant under Executive Order § 661.3 Definitions. origin if it is manufactured in the 12866 or the regulatory policies and * * * * * United States, regardless of the origin of procedures of Department of Component means any article, its subcomponents. Transportation regulatory policies and material, or supply, whether procedures. Since this final rule makes manufactured or unmanufactured, that C. Determination of Grandfathered is directly incorporated into the end Companies (§ 661.10) only technical amendments to current regulatory language, it is anticipated product at the final assembly location. Section 337 of the STURAA provided that the economic impact of this * * * * * for a gradual increase in the domestic rulemaking will be minimal; therefore, a 3. By revising § 661.5 to read as content requirements for buses and full regulatory evaluation is not follows: other rolling stock from 50 percent to 60 required. percent. Section 337(a)(2)(B) of § 661.5 General requirements. B. Regulatory Flexibility Act STURAA stated that these revised (a) Except as provided in §§ 661.7 and requirements would not apply to any In accordance with 5 U.S.C. 603(a), as 661.11 of this part, no funds may be contract entered into prior to April 1, added by the Regulatory Flexibility Act, obligated by FTA for a grantee project 1992, with any supplier or contractor or Pub. L. 96–354, FTA certifies that this unless all iron, steel, and manufactured any successor in interest or assignee rule will not have a significant impact products used in the project are which had complied with the previous on a substantial number of small entities produced in the United States. domestic content requirements. Section within the meaning of the Act. (b) All steel and iron manufacturing 661.10 of the regulation sets out the C. Paperwork Reduction Act processes must take place in the United criteria for determining whether a States, except metallurgical processes company could qualify for grandfather This action does not contain a involving refinement of steel additives. treatment. collection of information requirement (c) The steel and iron requirements Since the April 1, 1992, deadline has for purposes of the Paperwork apply to all items made primarily of elapsed, and since there is little Reduction Act of 1980, 44 U.S.C. 3501, steel and iron including, but not limited likelihood that contracts for rolling et seq. to, structural steel or iron, steel or iron stock executed prior to that date are still beams and columns, running rail and outstanding, FTA will delete this D. Executive Order 12612 contact rail. These requirements do not grandfather provision from its Buy This action has been reviewed under apply to steel or iron used as America regulation. Executive Order 12612 on Federalism components or subcomponents of other D. Domestic Content Requirements for and FTA has determined that it does not manufactured products or rolling stock. Rolling Stock (§§ 661.11(a)–(d)) have implications for principles of (d) For a manufactured product to be Federalism that warrant the preparation As indicated above, section 337 of considered produced in the United of a Federalism Assessment. If States: STURAA provided for a gradual promulgated, this rule will not limit the increase in the domestic content for (1) All of the manufacturing processes policy making or administrative for the product must take place in the rolling stock from the previous 50 discretion of the States, nor will it percent level to 55 percent for contracts United States; and impose additional costs or burdens on (2) All of the components of the entered into after October 1, 1989, and the States, nor will it affect the States’ to 60 percent for contracts entered into product must be of U.S. origin. A abilities to discharge the traditional component is considered of U.S. origin after October 1, 1991, and after April 1, State governmental functions or 1992, for grandfathered companies. 49 if it is manufactured in the United otherwise affect any aspect of State States, regardless of the origin of its CFR 661.11 (b) and (c) implemented sovereignty. these statutory provisions. Since the 60 subcomponents. percent domestic content requirement is IV. List of Subjects in 49 CFR Part 661 4. By adding new 661.7(h) to read as follows: now in effect for all contracts executed Buy America, Domestic preference after April 1, 1992, FTA intends to requirement, Government contracts, § 661.7 Waivers. delete subsections 661.11 (b) and (c) and Grant programs-Transportation, Mass * * * * * to amend subsection 661.11(a) to reflect transportation. this change. Subsections (k) and (n) will (h) The provisions of this section shall also be revised to indicate that the 60 V. Proposed Amendments to 49 CFR not apply to products produced in a percent domestic content requirements Part 661 foreign country if the Secretary, in consultation with the United States also apply to components of rolling Accordingly, for the reasons described stock. The remaining subsections of 49 Trade Representative, determines that: in the preamble, it is proposed that Part (1) That foreign country is party to an CFR 661.11 will be re-numbered 661 of Title 49 of the Code of Federal accordingly. agreement with the United States Regulations be amended as follows: pursuant to which the head of an agency E. Request for Comments PART 661Ð[AMENDED] of the United States has waived the FTA requests comments on any of the requirements of this section; and amendments proposed today. In 1. By revising the authority citation to (2) That foreign country has violated addition to those matters, FTA requests read as follows: the terms of the agreement by recommendations or proposals for other Authority: 49 U.S.C. 5323(j) (formerly Sec. discriminating against products covered amendments which could further clarify 165, Pub. L. 97–424; as amended by sec. 337, by this section that are produced in the the regulation or facilitate its Pub. L. 100–17 and sec. 1048, Pub. L. 102– United States and are covered by the implementation. 240); 49 CFR 1.51. agreement. 47444 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules § 661.10 [Removed] and it receives tariff exemptions under crossing as set out in the invoice and 5. By deleting § 661.10. the procedures set forth in 19 CFR 10.11 entry papers or, if no purchase was 6. By revising § 661.11 to read as through 10.24, the subcomponent made, the value of the subcomponent at follows: retains its domestic identity and can be the time of its shipment for exportation, included in the calculation of the f.o.b. United States port of exportation § 661.11 Rolling stock procurements. domestic content of an end product or point of border crossing, as set out in (a) The provisions of § 661.5 do not even if such a subcomponent represents the invoice and entry papers. apply to the procurement of buses and less than 60 percent of the cost of a (p) In accordance with 49 U.S.C. other rolling stock (including train particular component. 5323(j), labor costs involved in final control, communication, and traction (j) If a subcomponent manufactured in assembly shall not be included in power equipment), if the cost of the United States is exported for calculating component costs. components produced in the United inclusion in a component manufactured (q) The actual cost, not the bid price, States is more than 60 percent of the outside the United States and it does not of a component is to be considered in cost of all components and final receive tariff exemption under the calculating domestic content. assembly takes place in the United procedures set forth in 19 CFR 10.11 (r) Final assembly is the creation of States. through 10.24, the subcomponent loses the end product from individual (b) The domestic content its domestic identity and cannot be elements brought together for that requirements in paragraph (a) of this included in the calculation of the purpose through application of section also apply to the domestic domestic content of an end product. manufacturing processes. If a system is content requirements for components (k) Raw materials produced in the being procured as the end product by set forth in paragraphs (i),(j), and (l) of United States and then exported for the grantee, the installation of the this section. incorporation into a component are not system qualifies as final assembly. (c) A component is any article, considered to be a subcomponent for the (s) An end product means any item material, or supply, whether purpose of calculating domestic content. subject to 49 U.S.C. 5323(j), that is to be manufactured or unmanufactured, that The value of such raw materials is to be acquired by a grantee, as specified in the is directly incorporated into an end included in the cost of the foreign overall project contract. product at the final assembly location. component. (t) Train control equipment includes, (d) A component may be (l) If a component is manufactured in but is not limited to, the following manufactured at the final assembly the United States, but contains less than equipment: location if the manufacturing process to 60 percent domestic subcomponents, by (1) Mimic board in central control. produce the component is a separate cost, the cost of the domestic (2) Dispatcher’s console. and distinct activity from the final subcomponents and the cost of (3) Local control panels. assembly of the end product. manufacturing the component may be (4) Station (way side) block control (e) A component is considered to be included in the calculation of the relay cabinets. manufactured if there are sufficient domestic content of the end product. (5) Terminal dispatcher machines. activities taking place to advance the (m) For purposes of this section, (6) Cable/cable trays. value or improve the condition of the except as provided in paragraph (o) of (7) Switch machines. subcomponents of that component; that this section: (8) Way side signals. is, if the subcomponents have been (1) The cost of a component or a (9) Impedance bonds. substantially transformed or merged subcomponent is the price that a bidder (10) Relay rack bungalows. into a new and functionally different or offeror must pay to a subcontractor or (11) Central computer control. article. supplier for that component or (12) Brake equipment. (f) Except as provided in paragraph (k) subcomponent. Transportation costs to (13) Brake systems. (u) Communication equipment of this section, a subcomponent is any the final assembly location must be includes, but is not limited to, the article, material, or supply, whether included in calculating the cost of a following equipment: manufactured or unmanufactured, that component. Applicable duties must be (1) Radios. is one step removed from a component included in determining the cost of (2) Space station transmitter and (as defined in paragraph (c) of this foreign components and receivers. section) in the manufacturing process subcomponents. (3) Vehicular and hand-held radios. and that is incorporated directly into a (2) If a component or subcomponent (4) PABX telephone switching component. is manufactured by the bidder or offeror, equipment. (g) For a component to be of domestic the cost of the component is the cost of (5) PABX telephone instruments. origin, more than 60 percent of the labor and materials incorporated into (6) Public address amplifiers. subcomponents of that component, by the component or subcomponent, an (7) Public address speakers. cost, must be of domestic origin and the allowance for profit, and the (8) Cable transmission system cable. manufacture of the component must administrative and overhead costs (9) Cable transmission system take place in the United States. If, under attributable to that component or multiplex equipment. the terms of this part, a component is subcomponent under normal accounting (10) Communication console at determined to be of domestic origin, its principles. central control. entire cost may be used in calculating (n) The cost of a component of foreign (11) Uninterruptible power supply the cost of domestic content of an end origin is set at the time the bidder or inverters/rectifiers. product. offeror executes the appropriate Buy (12) Uninterruptible power supply (h) A subcomponent is of domestic America certificate. batteries. origin if it is manufactured in the (o) The cost of a subcomponent that (13) Data transmission system central United States. retains its domestic identity consistent processors. (i) If a subcomponent manufactured in with paragraph (j) of this section shall (14) Data transmission system remote the United States is exported for be the cost of the subcomponent when terminals. inclusion in a component that is last purchased, f.o.b. United States port (15) Line printers for data manufactured outside the United States of exportation or point of border transmission system. Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Proposed Rules 47445 (16) Communication system monitor (18) Power cables (AC and DC). § 661.18 Intentional violations. (19) Cable trays. test panel. Any person shall be ineligible to (17) Security console at central (20) Instrumentation for traction receive any contract or subcontract control. power equipment. (v) Traction power equipment (21) Connectors, tensioners, and made with funds authorized under the includes, but is not limited to the insulators for overhead power wire Intermodal Surface Transportation following: systems. Efficiency Act of 1991 pursuant to the (1) Primary AC switch gear. (22) Negative drainage boards. debarment and suspension proceedings (2) Primary AC transformers (23) Inverters. under part 29 of this title if it has been (rectifier). (24) Traction motors. determined by a court or Federal agency (3) DC switch gear. (25) Propulsion gear boxes. that any person intentionally— (4) Traction power console and CRT (26) Third rail pick-up equipment. (27) Pantographs. (a) Affixed a label bearing a ‘‘Made in display system at central control. America’’ inscription, or an inscription (5) Bus ducts with buses (AC and DC). (w) The power or third rail is not with the same meaning, to a product not (6) Batteries. considered traction power equipment (7) Traction power rectifier and is thus subject to the requirements made in the United States, but sold in assemblies. of 49 U.S.C. 5323(j) and the or shipped to the United States and (8) Distribution panels (AC and DC). requirements of § 661.5. used in projects to which this section (9) Facility step-down transformers. (x) A bidder on a contract for an item applies, or (10) Motor control centers (facility use covered by 49 U.S.C. 5323(j) who will (b) Otherwise represented that any only). comply with section 165(b)(3) and such product was produced in the (11) Battery chargers. regulations in this section is not United States. (12) Supervisory control panel. required to follow the application for (13) Annunciator panels. waiver procedures set out in § 661.9. In Issued on: September 5, 1995. (14) Low voltage facility distribution lieu of these procedures, the bidder Gordon J. Linton, switch board. must submit the appropriate certificate Administrator. 1(5) DC connect switches. required by § 661.12. [FR Doc. 95–22499 Filed 9–11–95; 8:45 am] (16) Negative bus boxes. 7. By adding § 661.18 to read as (17) Power rail insulators. follows: BILLING CODE 4910±57±M federal register September 12,1995 Tuesday Month Proclamation 6820ÐClassicalMusic to School Proclamation 6819ÐAmericaGoesBack The President Part III 47447 47449 Federal Register Presidential Documents Vol. 60, No. 176 Tuesday, September 12, 1995 Title 3— Proclamation 6819 of September 8, 1995 The President America Goes Back to School, 1995 By the President of the United States of America A Proclamation The beginning of a new school year is a time of renewal and anticipation for families, educators, and communities across America. Teachers ready their classrooms and curricula; law enforcement officers redouble their efforts to keep neighborhoods safe and drug-free; businesses work with schools to create stronger partnerships; and parents everywhere encourage their chil- dren to look forward to the challenges ahead. This time of year also provides us with an occasion to renew our faith in the promise of education—the spark that lights our ambitions and gives us the tools to grow and succeed. To ensure America’s continued leadership in the coming century, we must empower every citizen with the knowledge and training necessary to meet new and varied challenges. The generation of young people in school today deserves our Nation’s pledge to help them get on the right course and make the most of their lives. Improving education means strengthening families and schools. Families are responsible for raising children, and parents are their first and most important teachers. Schools are responsible for providing children with qual- ity education and meaningful guidance. But schools and families cannot do it alone. Instead, religious organizations, community leaders, older Ameri- cans, volunteer groups, service agencies, industries, and every caring individ- ual must work together, realizing that the complexity of our diverse and changing society demands innovative and effective solutions for helping our children embrace the values of good citizenship. In March 1994 I signed into law the Goals 2000: Educate America Act, which supports grassroots efforts to help schoolchildren meet high standards for achievement and discipline. School-to-Work programs are uniting busi- nesses, community colleges, and high schools to provide work-study experi- ence and technical expertise, and a new system of direct loans is making a college education more affordable and accessible. This year the Department of Education is deepening its commitment to parent and community involve- ment by joining the Family Involvement Partnership for Learning to sponsor America Goes Back to School: A Place for Families and the Community. This initiative encourages all Americans to take part in the drive for excel- lence in education. I am proud that the Department has acted boldly to foster support for America’s families and students. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim September 11 through September 18, 1995, as a time when ‘‘America Goes Back to School.’’ I call upon parents, community and State leaders, businesses, civic and reli- gious organizations, and all our citizens to observe this period with appro- priate ceremonies and activities expressing support for schools and colleges, children and families, and to continue their active involvement on behalf of America’s students throughout the year. 47450 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Presidential Documents IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of September, in the year of our Lord nineteen hundred and ninety-five, and of the Independence of the United States of America the two hundred and twentieth. [FR Doc. 95–22838 œ– Filed 9–11–95; 10:46 am] Billing code 3195–01–P 47451 Presidential Documents Proclamation 6820 of September 9, 1995 Classical Music Month, 1995 By the President of the United States of America A Proclamation Classical music is one of the glories of the world, a living tradition that enriches the lives of millions of Americans. In the concert halls of our bustling cities, in the community centers of our small towns, and in countless homes everywhere, classical music brings joy and inspiration to our citizens. Its phrases and themes have long spoken to our national love of beauty and our common passion for spirited expression. More than one hundred years ago, the Bohemian composer Antonı´n Dvorˇa´k came to America—traveling from New York to Iowa to admire the awesome potential of this great land. The New World Symphony, Dvorˇa´k’s tribute to our country, touches us still with its references to the music of Native American and African American people. Indeed, classical music is a universal language. Whether the musicians speak English, Spanish, Russian, Japanese, or Hebrew, all recognize the same notes. Whatever cultural tradition is evoked by its cords and rhythms, classical music stirs emotions we all share. Among the many music lovers gathered to enjoy a performance, each individual listener feels the powerful dynamism of music’s resonant voice. This month, let us celebrate the artistic excellence that brings classical music to life. We honor the many remarkable composers, conductors, and performers of the past whose works continue to delight us, and we applaud today’s musicians, whose talents remind us of the continuity and grandeur of the human experience. Each has contributed to the vast body of music that entertains and inspires people around the globe. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim September 1995, as ‘‘Classical Music Month.’’ I call upon government officials, educators, com- munity organizations, and all the people of the United States to observe this month with appropriate programs, ceremonies, and activities paying tribute to the extraordinary diversity and artistry of classical music. IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of September, in the year of our Lord nineteen hundred and ninety-five, and of the Independence of the United States of America the two hundred and twentieth. [FR Doc. 95–22839 œ– Filed 9–11–95; 10:47 am] Billing code 3195–01–P i Reader Aids Federal Register Vol. 60, No. 176 Tuesday, September 12, 1995 CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER 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 Public inspection announcement line 523±5215 the revision date of each title. 613...... 47103 Laws 3 CFR 614...... 47103 Proclamations: Public Laws Update Services (numbers, dates, etc.) 523±6641 618...... 47103 For additional information 523±5227 6819...... 47449 6820...... 47551 619...... 47103 Presidential Documents 626...... 47103 5 CFR Executive orders and proclamations 523±5227 13 CFR The United States Government Manual 523±5227 Ch. LX...... 47240 300...... 47039 Proposed Rules: Other Services 304...... 45647 108...... 46789 523±4534 353...... 45670 Electronic and on-line services (voice) 14 CFR Privacy Act Compilation 523±3187 532...... 46213 TDD for the hearing impaired 523±5229 550...... 47039 39 ...... 46216, 46758, 46760, 591...... 46749 46761, 46763, 46765, 47265 752...... 47039 71...... 47266 ELECTRONIC BULLETIN BOARD 771...... 47039 97...... 46218 399...... 46018 Free Electronic Bulletin Board service for Public Law numbers, 831...... 47039 Federal Register finding aids, and list of documents on public 842...... 47039 Proposed Rules: inspection. 202±275±0920 870...... 45670 39 ...... 45683, 46541, 46542, 890...... 45670 46544, 46790, 46792, 47314 FAX-ON-DEMAND 1320...... 45776, 46148 71...... 46547 Proposed Rules: You may access our Fax-On-Demand service. You only need a fax 15 CFR machine and there is no charge for the service except for long 300...... 46780 distance telephone charges the user may incur. The list of 2640...... 47208 275...... 45659 documents on public inspection and the daily Federal Register’s 7 CFR 16 CFR table of contents are available using this service. The document 51...... 46976 numbers are 7050-Public Inspection list and 7051-Table of 600...... 45659 271...... 45990 Contents list. The public inspection list will be updated 272...... 45990 immediately for documents filed on an emergency basis. 17 CFR 273...... 45990 201...... 46498 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 945...... 46017 270...... 47041 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 998...... 46750 274...... 47041 public inspection may be viewed and copied in our office located 1137...... 46214 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 1942...... 46215 19 CFR telephone number is: 301±713±6905 1951...... 46753 10...... 46188, 46334 Proposed Rules: 12...... 46188, 46334 319...... 47101 FEDERAL REGISTER PAGES AND DATES, SEPTEMBER 24...... 46334 1260...... 46781 102...... 46188 45647±46016...... 1 8 CFR 123...... 46334 46017±46212...... 5 134...... 46334 329...... 45658 46213±46496...... 6 162...... 46334 46497±46748...... 7 9 CFR 174...... 46334 46749±47038...... 8 Proposed Rules: 177...... 46334 47039±47264...... 11 1...... 46783 178...... 46188 47265±47452...... 12 3...... 46783 181...... 46334 191...... 46334 10 CFR 206...... 46500 73...... 46497 20 CFR Proposed Rules: 30...... 46784 Proposed Rules: 40...... 46784 220...... 47122 50...... 47314 404...... 47126 52...... 47314 416...... 47126 70...... 46784 21 CFR 100...... 47314 5...... 47267 12 CFR 176...... 47205 3...... 46170 510...... 47052 208...... 46170 520...... 47052 225...... 46170 558...... 47052 325...... 46170 Proposed Rules: Proposed Rules: 312...... 46794 23...... 46246 314...... 46794 ii Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Reader Aids 862...... 45685 982...... 45661 223...... 46890 47 CFR 864...... 46718 983...... 45661 Proposed Rules: 2...... 47302 866...... 45685 1730...... 47260 1206...... 46798 18...... 47302 868...... 45685, 46718 1800...... 47260 64...... 46537 870...... 45685, 46718 38 CFR 1895...... 47260 69...... 46537 872...... 45685, 46718 2700...... 47260 3...... 46531 73...... 46063, 47303 874...... 45685 21...... 46533 90...... 46537, 47303 876...... 45685, 46718 25 CFR Proposed Rules: Proposed Rules: 878...... 45685 Proposed Rules: 17...... 47133 25...... 46252 880...... 45685, 46718 Ch. I ...... 47131 882...... 45685, 46718 63...... 45982 39 CFR 36...... 46803 73 ...... 46562, 46563, 47337 884...... 45685, 46718 447...... 47241 886...... 45685 26 CFR 76...... 46805 888...... 45685, 46718 1 ...... 45661, 46500, 47053 40 CFR 90...... 46564, 46566 890...... 45685, 46718 4...... 46500 9...... 45948 892...... 45685 602...... 46500 52 ...... 46020, 46021, 46024, 48 CFR 895...... 46251 Proposed Rules: 46025, 46029, 46220, 46222, 898...... 46251 9...... 47304 1...... 46548 46535, 46768, 47074, 47076, 1301...... 47309 24 CFR 47081, 47084, 47085, 47088, 1302...... 47309 27 CFR 47089, 47273, 47276, 47280, 1...... 47260 1304...... 47309 47285, 47288, 47290 3...... 47260 9...... 47053 1305...... 47309 55...... 47292 8...... 47260 1306...... 47309 28 CFR 60...... 47095 11...... 47260 1307...... 47309 61...... 46206 15...... 47260 0...... 46018 1308...... 47309 63...... 45948 16...... 47260 541...... 46484 1309...... 47309 70 ...... 45671, 46771, 47296 24...... 47260 548...... 46484 280...... 46691 1314...... 47309 39...... 47260 29 CFR 281 ...... 46691, 47089, 47097, 1315...... 47309 40...... 47260 1316...... 47309 49...... 47260 552...... 46766 47280, 47297 282...... 47300 1317...... 47309 86...... 47260 801...... 46530 1319...... 47309 90...... 47260 1601...... 46219 Proposed Rules: 15...... 47135 1322...... 47309 103...... 47260 1910...... 47022 1324...... 47309 106...... 47260 Proposed Rules: 32...... 47135 52 ...... 46070, 46071, 46252, 1325...... 47309 120...... 47260 4...... 46553 1331...... 47309 130...... 47260 5...... 46553 46802, 47137, 47138, 47139, 47318, 47319, 47320, 47324 1332...... 47309 200...... 47260 552...... 46797 1333...... 47309 205...... 47260 55...... 47140 1952...... 47131 1334...... 47309 209...... 47260 70...... 45685, 46072 1336...... 47309 210...... 47260 30 CFR 81 ...... 47142, 47324, 47325 1337...... 47309 211...... 47260 136...... 47325 Proposed Rules: 1342...... 47309 224...... 47260 Ch. II ...... 46556 372...... 46076, 47334 225...... 47260 1345...... 47309 916...... 47314 41 CFR 1803...... 47099 226...... 47260 943...... 47316 227...... 47260 Proposed Rules: 1827...... 47310 228...... 47260 31 CFR 50±201...... 46553 1815...... 47099 50±206...... 46553 1852...... 47099, 47310 229...... 47260 560...... 47061 238...... 47260 2401...... 46152 Proposed Rules: 42 CFR 2402...... 46152 240...... 47260 103...... 46556 250...... 47260 412...... 45778 2404...... 46152 270...... 47260 32 CFR 413...... 45778 2405...... 46152 271...... 47260 417...... 45673, 46228 2406...... 46152 92...... 46019 277...... 47260 424...... 45778 2413...... 46152 485...... 45778 2415...... 46152 278...... 47260 33 CFR 500...... 47260 489...... 45778 2416...... 46152 100...... 45668, 47269 2419...... 46152 511...... 47260 44 CFR 575...... 47260 110...... 45776 2426...... 46152 577...... 47260 117...... 47270 64...... 46030, 46037 2428...... 46152 578...... 47260 165 ...... 45669, 45670, 47270, 65 ...... 46038, 46040, 46042, 2429...... 46152 579...... 47260 47271 46043 2432...... 46152 580...... 47260 Proposed Rules: 67...... 46044 2437...... 46152 595...... 47260 117...... 46069, 47317 Proposed Rules: 2452...... 46152 596...... 47260 67...... 46079, 46085 2453...... 46152 34 CFR 598...... 47260 Proposed Rules: 45 CFR 599...... 47260 74...... 46492 52...... 46259 600...... 47260 75...... 46492 670...... 46234 225...... 46805 811...... 47260 76...... 46492 1355...... 46887 882...... 45661 81...... 46492 49 CFR 887...... 45661 Proposed Rules: 46 CFR 900...... 47260 75...... 46004 552...... 46047 393...... 46236 907...... 47260 Proposed Rules: 571...... 46064 965...... 47260 36 CFR 40...... 46087 Proposed Rules: 967...... 47260 7...... 46562 154...... 46087 661...... 47442 Federal Register / Vol. 60, No. 176 / Tuesday, September 12, 1995 / Reader Aids iii 50 CFR 20...... 46012 301...... 46774 630...... 46775 642...... 47100 649...... 45682 663...... 46538 671...... 47312 672...... 46067, 47312 675...... 47312, 47313 676...... 47312 677...... 47312 Proposed Rules: 10...... 46087 13...... 46087 17 ...... 46087, 46568, 46569, 46571, 47338, 47339, 47340 625...... 46105 641...... 47341 649...... 45690 650...... 45690 651...... 45691 670...... 46806 672...... 46572, 46936 675 ...... 46572, 46811, 46936 677...... 47142