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2 III

Contents Federal Register Vol. 61, No. 202

Thursday, October 17, 1996

Agricultural Marketing Service Defense Department RULES See Air Force Department Fruits, vegetables, and other products, fresh: See Army Department Inspection, certification, and standards fee schedule, See Navy Department 54082–54084 RULES Grapes and plums, exported, 54081–54082 Closures and realignment: Revitalizing base closure communities; CFR part Agriculture Department redesignation, 54097–54098 See Agricultural Marketing Service NOTICES See Food and Consumer Service Civilian health and medical program of uniformed services See Forest Service (CHAMPUS): See Natural Resources Conservation Service DRG-based payment system; (FY 1997), 54160–54173 Delaware River Basin Commission Air Force Department NOTICES NOTICES Hearings, 54177–54178 Environmental statements; availability, etc.: McClellan Air Force Base, CA; disposal, 54174 Drug Enforcement Administration Privacy Act: NOTICES Systems of records, 54174–54176 Schedules of controlled substances; production quotas: Schedules I and II— Alcohol, Tobacco and Firearms Bureau 1997 proposed aggregate, 54222–54224 RULES Alcohol, tobacco, and other excise taxes: Economic Analysis Bureau Federal regulatory reform— PROPOSED RULES Tobacco products and cigarette papers and tubes International services surveys: manufacture, 54084–54096 Foreign direct investments in U.S.— BE-20; selected services transactions with unaffiliated Antitrust Division foreign persons, 54109–54111 NOTICES National cooperative research notifications: Education Department American Display Consortium, 54221 NOTICES American Society of Mechanical Engineers, 54221 Agency information collection activities: Seed Research Services, L.L.C., 54221 Submission for OMB review; comment request, 54178 Southwest Research Institute, 54222 Meetings: National Assessment Governing Board, 54178–54179 Army Department Energy Department NOTICES Meetings: See Energy Information Administration Armed Forces Epidemiological Board, 54176 See Federal Energy Regulatory Commission See Hearings and Appeals Office, Energy Department

Centers for Disease Control and Prevention Energy Information Administration NOTICES NOTICES Agency information collection activities: Agency information collection activities: Submission for OMB review; comment request, 54209 Submission for OMB review; comment request, 54179

Commerce Department Environmental Protection Agency See Economic Analysis Bureau RULES See Foreign-Trade Zones Board Superfund program: See International Trade Administration National oil and hazardous substances contingency See National Institute of Standards and Technology plan— See National Oceanic and Atmospheric Administration National priorities list update, 54098 See National Telecommunications and Information PROPOSED RULES Administration Water Pollution Control: See Patent and Trademark Office Ocean dumping; site designations— NOTICES San Francisco, CA, 54112–54120 Senior Executive Service: NOTICES Performance Review Board; membership, 54152 Endocrine disruption by chemicals: Screening and testing strategy development; public Consumer Product Safety Commission meeting, 54195–54196 NOTICES Meetings: Meetings; Sunshine Act, 54160 Science Advisory Board, 54196–54197 IV Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Contents

Superfund; response and remedial actions, proposed Hydroelectric applications, 54186–54187 settlements, etc.: Natural gas certificate filings: Liberty Borough, PA, 54197 Trunkline LNG Co. et al., 54187–54189 Water pollution control: Applications, hearings, determinations, etc.: Clean Water Act— Carnegie Interstate Pipeline Co., 54179–54180 Class II administrative penalty assessments, 54197 Colorado Interstate Gas Co., 54180 Entergy Services, Inc., 54180 Executive Office of the President Mid Louisiana Gas Co., 54180 See Presidential Documents Mississippi River Transmission Corp., 54180–54181 See Trade Representative, Office of United States National Fuel Gas Supply Corp. et al., 54181 NorAm Gas Transmission Co.; correction, 54267 Federal Aviation Administration Northeast Utilities Service Co., 54181 PROPOSED RULES Northern States Power Co. et al., 54181–54182 Class D airspace, 54108–54109 Northwest Pipeline Corp., 54182–54183 NOTICES Sumas International Pipeline Inc., 54183 Airport noise compatibility program: Tennessee Gas Pipeline Co., 54183–54184 Chico Municipal Airport, CA, 54247–54248 Wisconsin Electric Power Co., 54184 Environmental statements; availability, etc.: Narrow Cape on Kodiak Island, AK; Alaska Aerospace Federal Highway Administration Development Corp. proposal to construct and operate PROPOSED RULES a launch site, 54248–54251 Engineering and traffic operations: Exemption petitions; summary and disposition, 54251 Uniform Traffic Control Devices Manual— Pedestrian, bicycle, and school warning signs; color Federal Communications Commission fluorescent green, 54111 RULES Motor carrier safety standards: Common carrier services: Parts and accessories necessary for safe operation— Public mobile services; editorial corrections, 54098– Protection against shifting or falling cargo; North 54099 American standard development, 54142–54144 Telecommunications Act of 1996; implementation— NOTICES Stay of rules; petition denial, 54099–54104 Environmental statements; notice of intent: Television stations; table of assignments: Fremont and Teton Counties, WY, 54252 Oklahoma, 54104 PROPOSED RULES Federal Mine Safety and Health Review Commission Radio stations; table of assignments: NOTICES Kentucky, 54142 Meetings; Sunshine Act, 54239 Oklahoma, 54142 NOTICES Federal Reserve System Agency information collection activities: NOTICES Submission for OMB review; comment request, 54197– Banks and bank holding companies: 54200 Change in bank control, 54208 Meetings: Formations, acquisitions and mergers, 54208 Federal-State Joint Board; universal service issues, 54200 Fish and Wildlife Service Federal Election Commission NOTICES NOTICES Endangered and threatened species permit applications, Meetings; Sunshine Act, 54200 54212

Federal Emergency Management Agency Food and Consumer Service NOTICES RULES Agency information collection activities: Food stamp program: Proposed collection; comment request, 54201 Food stamp benefits increase in households obligated to Submission for OMB review; comment request, 54201– pay child support to nonhousehold member, 54282– 54205 54292 Disaster and emergency areas: Mickey Leland Childhood Hunger Relief Act; Maryland, 54206 implementation, 54270–54282 North Carolina, 54206 Monthly reporting for households residing on Puerto Rico, 54206 reservations; restrictions, 54298–54303 South Carolina, 54206–54207 Rules simplification, 54303–54320 Virginia, 54207 Student eligibility and treatment of education assistance, Grants and cooperative agreements; availability, etc.: 54292–54298 Individual and family programs, and public assistance program; amounts adjustments, 54207 Foreign-Trade Zones Board Senior Executive Service: NOTICES Performance Review Board; membership, 54207–54208 Applications, hearings, determinations, etc.: Georgia Federal Energy Regulatory Commission United Technologies Corp. et al.; aircraft turbine engine NOTICES components, 54152 Electric rate and corporate regulation filings: Louisiana Florida Power & Light Co. et al., 54184–54186 Exxon Corp.; oil refinery, 54152–54153 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Contents V

Missouri, 54153 International Trade Administration Texas NOTICES Clark Refining and Marketing, Inc.; oil refinery, 54153– Antidumping: 54154 Freshwater crawfish tailmeat from China, 54154–54156 Antidumping and countervailing duties: Forest Service Administrative review requests, 54154 NOTICES Applications, hearings, determinations, etc.: Environmental statements; notice of intent: University of— Croatan National Forest, NC, 54148–54151 Arizona et al., 54156–54157

Health and Human Services Department Justice Department See Centers for Disease Control and Prevention See Antitrust Division See Health Care Financing Administration See Drug Enforcement Administration See Health Resources and Services Administration See Parole Commission NOTICES PROPOSED RULES Organization, functions, and authority delegations: Privacy Act; implementation, 54112 Public Health and Science Office, Assistant Secretary for NOTICES Health, 54209 Pollution control; consent judgments: Allied Signal, Inc., et al., 54215–54216 Federal Pacific Electric Co., Inc. et al., 54216 Health Care Financing Administration Hercules et al., 54216–54217 NOTICES Hudson Foods, Inc., 54217 Agency information collection activities: Kaiser, Jordan et al., 54217 Proposed collection; comment request, 54209–54210 Land Sea Air Leasing Corp., 54217–54218 Phillips, Perry et al., 54218 Health Resources and Services Administration Shell Oil Co., Inc., et al., 54218–54219 NOTICES Privacy Act: Grants and cooperative agreements; availability, etc.: Systems of records, 54219–54221 Health careers opportunities program and minority faculty fellowship program Technical assistance workshops, 54210 Labor Department See Pension and Welfare Benefits Administration Hearings and Appeals Office, Energy Department NOTICES Land Management Bureau Decisions and orders, 54189––54195 PROPOSED RULES Appeal and hearing procedures; revisions, 54120–54141 NOTICES Housing and Urban Development Department Survey plat filings: RULES Florida, 54212 Mortgage and loan insurance programs: Single family and multifamily housing, and health care facility mortgage programs— Minerals Management Service Federal regulatory reform; correction, 54267 NOTICES NOTICES Outer Continental Shelf operations: Agency information collection activities: Oil and gas lease sales; restricted joint bidders list, 54213 Proposed collection; comment request, 54210 Sand and gravel resources lease sale, 54213 Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac): Mine Safety and Health Federal Review Commission Loan-level mortgage proprietary data; final order, 54322– See Federal Mine Safety and Health Review Commission 54329 Organization, functions, and authority delegations: National Aeronautics and Space Administration Community Planning and Development, Assistant NOTICES Secretary; loan guarantee recovery fund, 54211 Agency information collection activities: Community Planning and Development, General Deputy Proposed collection; comment request, 54239 Assistant Secretary, et al.; loan guarantee recovery Patent licenses; non-exclusive, exclusive, or partially fund, 54211–54212 exclusive: Ensinger, Inc., 54239 Interior Department Ranbar Electrical Materials, Inc., 54239–54240 See Fish and Wildlife Service SpaceTec, Inc., 54240 See Land Management Bureau Tennessee Valley Performance Products, Inc., 54240 See Minerals Management Service See National Park Service National Highway Traffic Safety Administration See Reclamation Bureau NOTICES Motor vehicle safety standards: International Development Cooperation Agency Nonconforming vehicles— See Overseas Private Investment Corporation Importation eligibility; determinations, 54252–54256 VI Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Contents

National Institute of Standards and Technology Parole Commission NOTICES RULES National voluntary conformity assessment system Federal prisoners; paroling and releasing, etc.: evaluation program: Transfer treaty cases; special transferee hearings, 54096– European Union (EU) commerce; conformity assessment 54097 body status consideration, 54157 Correction, 54096

National Oceanic and Atmospheric Administration Patent and Trademark Office RULES NOTICES Fishery conservation and management: Diplomatic Conference on Certain Copyright and Northeastern United States fisheries— Neighboring Rights Questions: Monkfish, 54105–54107 Chairman’s text; request for comments, 54159–54160 PROPOSED RULES Fishery conservation and management: Pension and Welfare Benefits Administration Alaska; fisheries off Exclusive Economic Zone— NOTICES Pacific cod reallocation, 54145–54147 Employee benefit plans; prohibited transaction exemptions: NOTICES Smith Barney Shearson Prototype Defined Contribution Marine mammals: Plan, 54224–54229 Incidental taking; authorization letter, etc.— Teachers Insurance and Annuity Association of America, U.S. Coast Guard, 54157–54159 54229–54237 Meetings: National Park Service Employee Welfare and Pension Benefit Plans Advisory NOTICES Council, 54237 Jurisdictional transfers: Prince William County, VA, park areas, 54213 Postal Service Meetings: NOTICES Delaware and Lehigh Navigation Canal National Heritage Meetings; Sunshine Act, 54245 Corridor Commission, 54213–54214 Golden Gate National Recreation Area and Point Reyes Presidential Documents National Seashore Advisory Commission, 54214 PROCLAMATIONS Special observances: National Telecommunications and Information White Cane Safety Day (Proc. 6941), 54077–54078 EXECUTIVE ORDERS Administration Export controls; administration (EO 13020), 54079–54080 NOTICES Senior Executive Service: Public Health Service Performance Review Board; membership, 54159 See Centers for Disease Control and Prevention See Health Resources and Services Administration Natural Resources Conservation Service NOTICES Reclamation Bureau Conservation Practices National Handbook changes; NOTICES comment request, 54152 Meetings: Yakima River Basin Water Enhancement Project Navy Department Conservation Advisory Group, 54214 NOTICES Privacy Act: Research and Special Programs Administration Systems of records, 54176–54177 NOTICES Hazardous materials: Nuclear Regulatory Commission Applications; exemptions, renewals, etc., 54253–54257 NOTICES Meetings: Securities and Exchange Commission Reactor Safeguards Advisory Committee, 54244 NOTICES Organization, functions, and authority delegations: Applications, hearings, determinations, etc.: Atomic Safety and Licensing Board, 54244–54245 Dial Corp., 54245–54246 Applications, hearings, determinations, etc.: Novatek International, Inc., 54246 Commonwealth Edison Co., 54240–54242 Northeast Nuclear Energy Co., 54242–54244 Surface Transportation Board RULES Water carriers: Office of United States Trade Representative Harbors, and water carrier operations exemption; CFR See Trade Representative, Office of United States parts removed, 54104–54105 PROPOSED RULES Overseas Private Investment Corporation Tariffs and schedules: NOTICES Railroad contracts, 54144–54145 Agency information collection activities: NOTICES Submission for OMB review; comment request, 54214– Railroad operation, acquisition, construction, etc.: 54215 Connecticut Central Railroad Co., Inc., 54258 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Contents VII

Trade Representative, Office of United States Summer institute for study of U.S.— NOTICES Political system, economy and society, 54261–54263 Unfair trade practices, petitions, etc.: Summer institute on history of U.S.— Indonesia; motor vehicle sector promotion incentives; Religion in America, 54263–54266 investigation and comment request, 54246–54247

Transportation Department Separate Parts In This Issue See Federal Aviation Administration See Federal Highway Administration Part II See National Highway Traffic Safety Administration Department of Agriculture, Food and Consumer Service, See Research and Special Programs Administration 54270–54320 See Surface Transportation Board Part III Treasury Department Department of Housing and Urban Development, 54322– See Alcohol, Tobacco and Firearms Bureau 54329 NOTICES Organization, functions, and authority delegations: Deputy Assistant Secretary (Administration), 54258– Reader Aids 54259 Additional information, including a list of public laws, telephone numbers, reminders, and finding aids, appears in United States Information Agency the Reader Aids section at the end of this issue. NOTICES Grants and cooperative agreements; availability, etc.: International educational and cultural activities— Electronic Bulletin Board Freedom Support Act undergraduate program, 54259– Free Electronic Bulletin Board service for Public Law 54261 numbers, Federal Register finding aids, and a list of Russia, Ukraine, and Uzbekistan; training programs; documents on public inspection is available on 202–275– correction, 54261 1538 or 275–0920. VIII Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR 2880...... 54120 2910...... 54120 Proclamations: 2920...... 54120 6941...... 54077 3000...... 54120 Executive Orders: 3100...... 54120 12924 (See EO 3120...... 54120 13020) ...... 54079 3150...... 54120 12981 (Amended by 3160...... 54120 EO 13020)...... 54079 3180...... 54120 3200...... 54120 7 CFR 3240...... 54120 35...... 54081 3250...... 54120 51...... 54082 3260...... 54120 271 (2 documents) ...... 54270, 3280...... 54120 54282 3410...... 54120 272 (5 documents) ...... 54270, 3420...... 54120 54282, 54290, 54298, 54303 3430...... 54120 273 (5 documents) ...... 54270, 3450...... 54120 54282, 54290, 54298, 54303 3470...... 54120 275...... 55282 3480...... 54120 278...... 54282 3500...... 54120 279...... 54282 3510...... 54120 14 CFR 3520...... 54120 3530...... 54120 Proposed Rules: 3540...... 54120 71...... 54108 3550...... 54120 15 CFR 3560...... 54120 Proposed Rules: 3590...... 54120 801...... 54109 3710...... 54120 3730...... 54120 23 CFR 3740...... 54120 Proposed Rules: 3800...... 54120 655...... 54111 3810...... 54120 3830...... 54120 24 CFR 3870...... 54120 200...... 54267 4200...... 54120 27 CFR 4300...... 54120 270...... 54084 4700...... 54120 275...... 54084 5000...... 54120 285...... 54084 5470...... 54120 295...... 54084 5510...... 54120 8370...... 54120 28 CFR 9180...... 54120 2 (2 documents) ...... 54096 9230...... 54120 Proposed Rules: 47 CFR 16...... 54112 22...... 54098 32 CFR 51...... 54099 90...... 54097 73...... 54104 91...... 54097 90...... 54098 174...... 54097 Proposed Rules: 175...... 54097 73 (2 documents) ...... 54142 40 CFR 49 CFR 300...... 54098 1070...... 54104 Proposed Rules: 1071...... 54104 228...... 54112 Proposed Rules: 43 CFR 393...... 54142 1313...... 54144 Proposed Rules: 1600...... 54120 50 CFR 1820...... 54120 648...... 54105 1840...... 54120 Proposed Rules: 1850...... 54120 679...... 54145 1860...... 54120 1880...... 54120 2090...... 54120 2200...... 54120 2300...... 54120 2450...... 54120 2520...... 54120 2540...... 54120 2560...... 54120 2620...... 54120 2640...... 54120 2650...... 54120 2720...... 54120 2800...... 54120 2810...... 54120 54077

Federal Register Presidential Documents Vol. 61, No. 202

Thursday, October 17, 1996

Title 3— Proclamation 6941 of October 14, 1996

The President White Cane Safety Day, 1996

By the President of the United States of America

A Proclamation In the summer of 1996, the remarkable display of athletic excellence at the Tenth Paralympic Games in Atlanta, Georgia, inspired viewers around the world. Athletes from across our country, including many who are blind or visually impaired, participated in these games. The tenacity and commit- ment to excellence that these athletes showed in Atlanta are rich resources for our Nation. From their performance in the Paralympics, and indeed from their many contributions throughout our Nation’s history, blind and visually impaired Americans have demonstrated how much they have to contribute. Individuals with disabilities, like all people, use many tools in their everyday lives, some simple and some technologically sophisticated. The tool most commonly used by blind and visually impaired people is the white cane. This basic instrument enables them to detect obstacles, steps, drop-offs, and changes in surface textures. The independence that blind and visually impaired people gain through the use of the white cane enriches their lives—and those of all Americans—by allowing them to participate fully in and contribute generously to our society. Blind and visually impaired individuals make valuable contributions to our society and our economy. But they need more than the white cane to achieve their full potential; they also need equal opportunity and protec- tion from discrimination. That is why we must continue to vigorously enforce the Americans with Disabilities Act, which prohibits discrimination against blind and visually impaired people and those with other disabilities, and ensures them access to services that all other Americans take for granted. To honor the numerous achievements of blind and visually impaired individ- uals, and to recognize the significance of the white cane as a symbol of their freedom and independence in our society, the Congress of the United States, by joint resolution approved October 6, 1964, has designated October 15 of each year as ‘‘White Cane Safety Day,’’ and authorized the President to issue a proclamation in observance of this commemoration. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, do hereby proclaim October 15, 1996, as White Cane Safety Day. I call upon the people of the United States, government officials, educators, and business leaders to observe this day with appropriate pro- grams, ceremonies, and activities. IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of October, in the year of our Lord nineteen hundred and ninety-six, and 54078 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Presidential Documents

of the Independence of the United States of America the two hundred and twenty-first.

[FR Doc. 96–26836 œ– Filed 10–16–96; 8:45 am] Billing code 3195–01–P Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Presidential Documents 54079 Presidential Documents

Executive Order 13020 of October 12, 1996 Amendment to Executive Order 12981

By the authority vested in me as President by the Constitution and the laws of the United States of America, including but not limited to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), and in order to take additional steps with respect to the national emergency described and declared in Executive Order 12924 of August 19, 1994, and continued on August 15, 1995, and August 14, 1996, in order to amend Executive Order 12981 as that order applies to the processing of applications for the export of any commercial communication satellites and any hot- section technologies for the development, production, and overhaul of com- mercial aircraft engines that are transferred from the United States Munitions List to the Commerce Control List pursuant to regulations issued by the Departments of Commerce and State after the effective date of this order, it is hereby ordered as follows: Section 1. Amendment of Executive Order 12981. (a) Section 5(a)(3)(B) of Executive Order 12981 is amended to read as follows: (B) The OC shall review all license applications on which the reviewing departments and agencies are not in agreement. The Chair of the OC shall consider the recommendations of the reviewing departments and agencies and inform them of his or her decision on any such matters within 14 days after the deadline for receiving department and agency recommenda- tions. However, for license applications concerning commercial communica- tion satellites and hot-section technologies for the development, production, and overhaul of commercial aircraft engines that are transferred from the United States Munitions List to the Commerce Control List pursuant to regulations issued by the Departments of Commerce and State after the date of this order, the Chair of the OC shall inform reviewing departments and agencies of the majority vote decision of the OC. As described below, any reviewing department or agency may appeal the decision of the Chair of the OC, or the majority vote decision of the OC in cases concerning the commercial communication satellites and hot-section technologies de- scribed above, to the Chair of the ACEP. In the absence of a timely appeal, the Chair’s decision (or the majority vote decision in the case of license applications concerning the commercial communication satellites and hot- section technologies described above) will be final. (b) Section 5(b)(1) of Executive Order 12981 is amended to read as follows: (1) If any department or agency disagrees with a licensing determination of the Department of Commerce made through the Chair of the OC (or a majority vote decision of the OC in the case of license applications concern- ing the commercial communication satellites and the hot-section technologies described in section 5(a)(3)(B)), it may appeal the matter to the ACEP for resolution. A department or agency must appeal a matter within 5 days of such a decision. Appeals must be in writing from an official appointed by the President, by and with the advice and consent of the Senate, or an officer properly acting in such capacity, and must cite both the statutory and the regulatory bases for the appeal. The ACEP shall review all depart- ments’ and agencies’ information and recommendations, and the Chair of the ACEP shall inform the reviewing departments and agencies of the majority vote decision of the ACEP within 11 days from the date of receiving notice of the appeal. Within 5 days of the majority vote decision, any dissenting department or agency may appeal the decision by submitting a letter from 54080 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Presidential Documents

the head of the department or agency to the Secretary in his or her capacity as the Chair of the Board. Such letter shall cite both the statutory and the regulatory bases for the appeal. Within the same 5-day period, the Secretary may call a meeting on his or her own initiative to consider a license application. In the absence of a timely appeal, the majority vote decision of the ACEP shall be final. Sec. 2. Judicial Review. This order is not intended to create, nor does it create, any rights to administrative or judicial review, or any other right or benefit or trust responsibility, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. Sec. 3. Effective Date. This order shall be effective immediately and shall remain in effect until terminated. œ–

THE WHITE HOUSE, October 12, 1996. [FR Doc. 96–26837 Filed 10–16–96; 8:45 am] Billing code 3195–01–P 54081

Rules and Regulations Federal Register Vol. 61, No. 202

Thursday, October 17, 1996

This section of the FEDERAL REGISTER Field Office, Marketing Order Grape and Plum Act’’ establishes contains regulatory documents having general Administration Branch, Fruit and minimum size and quality requirements applicability and legal effect, most of which Vegetable Division, AMS, USDA, 1220 for export shipments of any variety of are keyed to and codified in the Code of SW Third Avenue, room 369, Portland, vinifera species table grapes. Currently, Federal Regulations, which is published under Oregon 97204–2807; telephone: (503) such grapes being shipped to Japan, 50 titles pursuant to 44 U.S.C. 1510. 326–2724 or FAX (503) 326–7440; or Europe, or Greenland must meet a The Code of Federal Regulations is sold by William R. Addington, Marketing Order minimum grade of U.S. Fancy Table as the Superintendent of Documents. Prices of Administration Branch, Fruit and specified in the U.S. Standards for new books are listed in the first FEDERAL Vegetable Division, AMS, USDA, P.O. Grades of Table Grapes (7 CFR part 51, REGISTER issue of each week. Box 96456, room 2523–S, Washington, §§ 51.880–51.992), except that the DC 20090–6456; telephone: (202) 720- minimum bunch size shall be one-half 2412 or FAX (202) 720–5698. pound. Table grapes shipped to DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: This rule countries other than Japan, Europe, Greenland, Canada, or Mexico must Agricultural Marketing Service is issued under authority of the Export Grape and Plum Act, as amended, (7 meet the requirements of U.S. No. 1 7 CFR Part 35 U.S.C. 591–599), hereinafter referred to Table, except that the minimum bunch as the ‘‘Act.’’ This rule amends size shall be one-fourth pound. [FV±96±35±1IFR] ‘‘Regulations Issued Under Authority of (Shipments to Canada and Mexico are currently not regulated under this part.) Regulations Issued Under the Export the Export Grape and Plum Act’’ (7 Part The U.S. Fancy Table grade includes a Grape and Plum Act; Exemption From 35). requirement for unlisted varieties (such Size Regulations for Black Corinth This rule has been determined not as Black Corinth), that 90 percent of the Grapes significant for purposes of Executive Order 12866 and, therefore, has not berries, by count, in each bunch shall be AGENCY: Agricultural Marketing Service, been reviewed by the Office of at least ten-sixteenths of an inch in USDA. Management and Budget. diameter. Similarly, the U.S. No. 1 Table ACTION: Interim final rule with request This rule has been reviewed under grade includes a requirement for for comments. Executive Order 12778, Civil Justice unlisted varieties (such as Black Reform. This rule is not intended to Corinth), that 75 percent of the berries, SUMMARY: This interim final rule have retroactive effect. This rule will by count, shall be at least nine- exempts the Black Corinth variety of not preempt any state or local laws, sixteenths of an inch in diameter. grapes from the minimum bunch and regulations, or policies, unless they The Board of Directors of the berry size requirements issued for present an irreconcilable conflict with California Grape and Tree Fruit League grapes under the Export Grape and this rule. (Board), which represents a substantial Plum Act. This rule is designed to Pursuant to requirements set forth in portion of the fresh table grape industry, expand the markets for this variety of the Regulatory Flexibility Act (RFA), the unanimously recommended that the grapes and to increase their fresh Administrator of the Agricultural Black Corinth variety of grapes be utilization. This rule was recommended Marketing Service (AMS) has exempted from the minimum bunch and by the California Grape and Tree Fruit considered the economic impact of this berry size requirements established for League after the proposal had been action on small entities. The purpose of export shipments. presented at industry meetings of the RFA is to fit regulatory actions to the The Board advises that this change is growers and handlers. scale of business subject to such actions needed because the Black Corinth DATES: Effective October 18, 1996; in order that small businesses will not variety (sometimes referred to as Zante comments received by November 18, be unduly or disproportionately Currants) are characteristically of high 1996, will be considered prior to burdened. In the United States there are quality but of very small bunch and issuance of a final rule. approximately 250 handlers of table berry size. The small size prevents this ADDRESSES: Interested persons are grapes that are subject to regulations variety from meeting the minimum size invited to submit written comments under the authority of the Export Grape requirements established for export concerning this proposal. Comments and Plum Act, and approximately 1300 shipments. must be sent in triplicate to the Docket grape producers. Small agricultural Traditionally this variety of grapes Clerk, Fruit and Vegetable Division, service firms, which include handlers of had been dried for use as raisins. As AMS, USDA, Room 2525, South grapes, have been defined by the Small oversupply conditions occurred in Building, P.O. Box 96456, Washington, Business Administration (13 CFR recent years for this variety, handlers D.C. 20090–6456; FAX: (202) 720–5698. 121.601) as those having annual receipts within the industry were successful in All comments should reference the of less than $5,000,000, and small developing fresh outlets. The variety docket number and the date and page agricultural producers are defined as received good consumer acceptance, number of this issue of the Federal those whose annual receipts are less primarily because of its unique size and Register and will be made available for than $500,000. The majority of grape sweetness. public inspection in the Office of the handlers and producers regulated under Exempting the Black Corinth variety Docket Clerk during regular business the Export Grape and Plum Act may be of grapes from the minimum bunch and hours. classified as small entities. berry size requirements for export FOR FURTHER INFORMATION CONTACT: Section 35.11 of the ‘‘Regulations shipments will enable handlers to Dennis L. West, Northwest Marketing issued under authority of the Export further expand their markets and 54082 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations increase fresh utilization. This change (a) * * * The Black Corinth variety under no obligation to use these will improve the marketing of these shall be exempt from bunch and berry inspection services, and any decision on varieties and increase returns to size requirements. their part to discontinue the use of the producers. (b) * * * The Black Corinth variety services would not prevent them from Based on available information, the shall be exempt from bunch and berry marketing their products. Administrator of the AMS has size requirements. The Agricultural Marketing Service determined that this interim final rule * * * * * (AMS), has certified that this action will will not have a significant economic Dated: October 10, 1996. not have a significant impact on a impact on a substantial number of small Robert C. Keeney, substantial number of small entities, as entities and that the action set forth will Director, Fruit and Vegetable Division. defined in the Regulatory Flexibility Act, (5 U.S.C. 601). The final rule benefit producers and handlers of the [FR Doc. 96–26654 Filed 10–16–96; 8:45 am] Black Corinth variety of grapes. This reflects certain fee increases needed to BILLING CODE 3410±02±P action relaxes the requirements for recover the costs of inspection services small and large exporters exporting rendered in accordance with the Agricultural Marketing Act (AMA) of shipments of Black Corinth grapes by 7 CFR Part 51 exempting that variety of grapes from 1946. the minimum bunch and berry size [Docket Number FV±95±306] This rule has been reviewed under Executive Order 12988, Civil Justice requirements. Fresh Fruits, Vegetables and Other Pursuant to 5 U.S.C. 553, it is also Reform. This action is not intended to Products (Inspection, Certification, and have retroactive effect. This rule will found and determined, upon good Standards) cause, that it is impracticable, not preempt any State or local laws, regulations, or policies, unless they unnecessary, and contrary to the public AGENCY: Agricultural Marketing Service, interest to give preliminary notice prior USDA. present an irreconcilable conflict with this rule. There are no administrative to putting this rule into effect and that ACTION: Final rule. procedures which must be exhausted good cause exists for not postponing the prior to any judicial challenge to the effective date of this rule until 30 days SUMMARY: This rule revises the provisions of this rule. after publication in the Federal Register regulations governing inspection and certification for fresh fruits, vegetables The AMA authorizes official because: (1) This action relaxes the inspection, grading, and certification on requirements for export shipments of and other products by increasing the fees charged for the inspection of these a user-fee basis, of fresh fruits, Black Corinth grapes; (2) The Board vegetables, and other products such as unanimously recommended this rule at products at destination markets. These revisions are necessary in order to raw nuts, Christmas trees, and flowers. a public meeting and all interested The AMA provides that reasonable fees persons had an opportunity to provide recover, as nearly as practicable, the costs of performing inspection services be collected from the user of the input; (3) shipments of the Black program services to cover, as nearly as at destination markets under the Corinth variety of grapes have begun practicable, the costs of services Agricultural Marketing Act of 1946. and this rule should apply to the entire rendered. This final rule will amend the season’s shipments; (4) handlers and EFFECTIVE DATE: November 10, 1996. schedule for fees and charges for producers of the Black Corinth variety FOR FURTHER INFORMATION CONTACT: inspection services rendered to the fresh of grapes are aware of this rule and they Robert J. Huttenlocker, Fresh Products fruit and vegetable industry to reflect need no additional time to comply with Branch, Fruit and Vegetable Division, the costs currently associated with the the relaxed requirements; and (5) this Agricultural Marketing Service, U.S. program. rule provides a 30-day comment period Department of Agriculture, PO Box AMS regularly reviews these and any comments will be considered 96456, Room 2049 South Building, programs to determine if fees are prior to finalization of this rule. Washington, DC 20090–6456, (202) 720– adequate. Employee salaries and List of Subjects in 7 CFR Part 35 0297. benefits are major program costs that SUPPLEMENTARY INFORMATION: This rule account for approximately 86 percent of Administrative practice and has been determined not significant for the total operating budget. A general procedure, Exports, Grapes, Plums, purposes of Executive Order 12866 and, and locality salary increase for Federal Reporting and recordkeeping therefore, has not been reviewed by the employees, ranging from 3.09 to 6.25 requirements. Office of Management and Budget. percent depending on locality, effective For the reasons set forth in the Pursuant to the requirements set forth January 1995, has materially affected preamble, 7 CFR part 35 is amended as in the Regulatory Flexibility Act (RFA), program costs. Another general and follows: the Agricultural Marketing Service locality salary increase, ranging from (AMS) has considered the economic 2.39 to 2.87 percent depending upon PART 35ÐREGULATIONS ISSUED impact of this action on small entities. locality (amounting to approximately UNDER AUTHORITY OF THE EXPORT There are more than 2,000 users of $253,000), was effective January 1996. GRAPE AND PLUM ACT Fresh Products Branch’s destination Further, since FY 94, the costs market grading services. Some of these 1. The authority citation for 7 CFR associated with the development of U.S. are small entities under the criteria part 35 continues to read as follows: grade standards have been and will established by the Small Business continue to be covered from user fee Authority: 7 U.S.C. 591–599. Administration (13 CFR 121.601). This revenues (prior to this, these costs were 2. In § 35.11, paragraphs (a) and (b) rule will raise the fees charged to funded by Federal appropriation). are amended by adding a sentence businesses for voluntary inspection Standardization activities increase the immediately following the existing text services for fresh fruits and vegetables. cost of this program by approximately to read as follows: Even though fees will be raised, the $100,000 per year. increase is small (approximately five While a concerted effort to cut costs § 35.11 Minimum requirements. percent) and will not significantly affect resulted in overhead savings of * * * * * these entities. These businesses are $350,000 in FY 95 over FY 94, the last Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54083 fee increase of June 1994 did not result composed of government officials, (B) $60 for a half carlot equivalent or in the collection of enough additional terminal market receivers and other less of an individual product. revenue to cover all these increases and interested persons should be created to (C) $13 for each additional lot of the still maintain an adequate reserve discuss these issues, in order to realize same product. balance (four months of costs) as called the highest return on the fees paid by (iii) Quality and condition inspection for by Agency policy (AMS Directive the perishable industry for inspection and/or condition only inspection of 5 or 407.1) and principles of prudent services.’’ FPB officials routinely more products unloaded from the same financial management. Projected FY 96 interact with industry participants to conveyance: revenues for market inspection are $12.6 discuss alternatives for improving (A) $277 for the first 5 products. mil with costs projected at $11.6 mil inspection services. AMS officials (B) $39 for each additional product. and a reserve of $3.1 mil. However, the frequently meet to discuss industry’s (C) $13 for each additional lot of any Fresh Products Branch (FPB) trust fund recommendations and improvements of the same product. reserve balance for the market program are implemented where appropriate. (2) For quality and condition is approximately $900,000 under the In light of the continuing need to inspection and/or condition only desired level of $4 mil. Further action maintain this AMS grading program on inspection of products in quantities of is necessary to meet rising costs and a financially sound basis, the Agency 50 or less packages unloaded from the maintain adequate reserve balances. has decided to proceed with the fee same conveyance: This action will assist in moving the increase as set forth in the proposal. (i) $39 for each individual product. FPB trust fund toward a more adequate Pursuant to 5 U.S.C. 553, it is found (ii) $13 for each additional lot of any level and will result in an estimated and determined that good cause exists of the same product. $600,000 in additional revenues per for not postponing the effective date of (b) When performing inspections of year. this action until 30 days after palletized products unloaded directly A notice of proposed rulemaking was publication in the Federal Register from sea transportation or when published in the Federal Register (61 because the fiscal year 1996 reserve palletized product is first offered for FR 24247) on May 14, 1996, with a 60 balance of the program’s trust fund is inspection before being transported day comment period. The comment projected to be approximately $1 from the dock-side facility, charges shall period closed July 15, 1996. Interested million under the desired level be determined on the following basis: persons were invited to participate in necessary to ensure the program’s fiscal (1) For each package inspected this rulemaking by submitting written viability and the effective date will according to the following rates: comments on the proposal to AMS. Two correspond to the first available billing (i) 1 cent per package weighing less comments were received regarding this cycle. than 15 pounds; rulemaking. (ii) 2 cents per package weighing 15 One comment was received by a State List of Subjects in 7 CFR Part 51 to 29 pounds; and, agency with which AMS has a Agricultural commodities, Food (iii) 3 cents per package weighing 30 cooperative agreement for providing grades and standards, Fruits, Nuts, or more pounds. official certification in that State. The Reporting and recordkeeping (2) $13 for each additional lot of any comment was in favor of the increase requirements, Trees, Vegetables. of the same product. (3) A minimum charge of $78 for each and suggested that an additional For reasons set forth in the preamble, product inspected. increase may be appropriate for 7 CFR part 51 is amended as follows: additional lots of the same product. (c) When performing inspections of While this option was considered, the PART 51Ð[AMENDED] products from sea containers unloaded proposed fee increases should be directly from sea transportation or when sufficient to meet the current financial 1. The authority citation for 7 CFR palletized products unloaded directly needs of the program. Further, an effort part 51 continues to read as follows: from sea transportation are not offered was made to avoid increases which Authority: 7 U.S.C. 1621–1627. for inspection at dockside, the car-lot fees in § 51.38(a) shall apply. would be unnecessarily burdensome on 2. Section 51.38 is revised to read as (d) When performing inspections for the industry. follows: The second comment was received Government agencies, or for purposes from an industry association of § 51.38 Basis for fees and rates. other than those prescribed in the receivers. They support the proposed (a) When performing inspections of preceding paragraphs, including weight- increase, provided that ‘‘* * * the product unloaded directly from land or only and freezing-only inspections, fees Fresh Products Branch improve air transportation, the charges shall be for inspection shall be based on the time performance with respect to inspection determined on the following basis: consumed by the grader in connection process, issuing certificates, and reduce (1) For products in quantities of 51 or with such inspections, computed at a the period of time between the more packages: rate of $39 an hour: Provided, that: inspection request and the time that the (i) Quality and condition inspection (1) Charges for time shall be rounded inspection is performed.’’ FPB has of 1 to 4 products unloaded from the to the nearest half hour; responded to industry’s concerns same conveyance: (2) The minimum fee shall be two relating to the timeliness and efficiency (A) $78 for over a half carlot hours for weight-only inspections, and of inspections by developing and equivalent of an individual product. one-half hour for other inspections; implementing analytical procedures for (B) $65 for a half carlot equivalent or (3) When weight certification is assessing workload at various market less of an individual product. provided in addition to quality and/or offices (i.e., inspection points). (C) $13 for each additional lot of the condition inspection, a one-hour charge Information obtained during these same product. shall be added to the carlot fee. analyses is being used to audit staffing (ii) Condition only inspection of 1 to (4) When inspections are performed to levels at the markets to ensure that 4 products unloaded from the same certify product compliance for Defense inspection workload is being effectively conveyance: Personnel Support Centers, the daily or managed. The industry association also (A) $65 for over a half carlot weekly charge shall be determined by suggests ‘‘* * * that a committee equivalent of an individual product. multiplying the total hours consumed to 54084 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations conduct inspections by the hourly rate. obsolete terms and updated the term ‘‘sets’’ is being added to the The daily or weekly charge shall be regulations through the use of definitions in § 270.11. ATF Ruling 81– prorated among applicants by modernized language. ATF believes that 2 is therefore obsolete since its multiplying the daily or weekly charge these revisions will clarify provisions are covered by these by the percentage of product passed requirements, thus simplifying regulations. and/or failed for each applicant during compliance and relieving some Subpart K that day or week. Waiting time and regulatory burden on the industry. overtime charges shall be charged EFFECTIVE DATE: October 17, 1996. Subpart K is added to part 270 and directly to the applicant responsible for FOR FURTHER INFORMATION CONTACT: contains separate undesignated center their incurrence. Clifford A. Mullen, Wine, Beer and headings for the taxation of cigarette (e) When performing inspections at Spirits Regulations Branch, Bureau of papers and cigarette tubes, special the request of the applicant during Alcohol, Tobacco and Firearms, Room (occupational) tax provisions, general periods which are outside the grader’s 5000, 650 Massachusetts Avenue NW, administrative provisions, qualification regularly scheduled work week, a Washington, DC 20226; (202) 927–8210. requirements for manufacturers, charge for overtime or holiday work changes subsequent to original shall be made at the rate of $19.50 per SUPPLEMENTARY INFORMATION: qualification of manufacturers, bonds hour or portion thereof in addition to Background and extensions of coverage of bonds, the carlot equivalent fee, package operations by manufacturers, On February 21, 1995, President discontinuance of operations by charge, or hourly charge specified in Clinton announced a regulatory reform this subpart. Overtime or holiday manufacturers, and claims. Referring the initiative. As part of this initiative, each reader to this material by means of the charges for time shall be rounded to the Federal agency was instructed to nearest half hour. undesignated center headings will offer conduct a page by page review of all a more convenient method of locating (f) When an inspection is delayed agency regulations to identify those because product is not available or this information. As a result of these regulations which are obsolete or changes, references to part 285 readily accessible, a charge for waiting burdensome and those regulations time shall be made at the prevailing contained in parts 275 and 295 have whose goals could be better achieved been amended to references to part 270. hourly rate in addition to the carlot through the private sector, self- equivalent fee, package charge, or regulation or state and local Bonds and Extensions of Coverage of hourly charge specified in this subpart. governments. In cases where the Bonds Waiting time shall be rounded to the agency’s review disclosed regulations nearest half hour. Section 270.407 in subpart K has been which should be revised or eliminated, amended to include the title and new Dated: October 10, 1996. the agency was instructed to propose number of the ‘‘Extension of Coverage of Robert C. Keeney, changes to its regulations as soon as Bond’’ form, ATF Form 2105 (5000.7). Director, Fruit and Vegetable Division. possible. [FR Doc. 96–26653 Filed 10–16–96; 8:45 am] The Bureau completed the page by Operations by Manufacturers BILLING CODE 3410±02±M page review of all regulations as The Records, Reports and Inventory directed by the President. In addition, sections (§§ 270.421–270.434) of on April 13, 1995, the Bureau published amended subpart K have also been DEPARTMENT OF THE TREASURY a notice in the Federal Register amended to include new form numbers. requesting comments from the public To assist the industry in the transition Bureau of Alcohol, Tobacco and regarding which ATF regulations could to the new numbering system, the old Firearms be improved or eliminated. As a result form numbers will remain in these of both the Bureau’s analysis of its regulations. However, immediately after 27 CFR Parts 270, 275, 285, and 295 regulations and the public comments the old form number, the new number received, a number of regulatory [T.D. 384] will appear enclosed in parentheses. initiatives were developed which are These amendments do not make any Manufacture of Cigarette Papers and intended to accomplish the President’s substantive changes and are only Tubes and Recodification of goals. However, no public comments intended to improve the clarity of Title Regulations Covering Manufacture of were received on part 285. This final 27 CFR or relieve regulatory Tobacco Products and Cigarette rule implements one of the regulatory requirements. Papers and Tubes (88D001) initiatives identified by ATF personnel: to revise and recodify the regulations Paperwork Reduction Act AGENCY: Bureau of Alcohol, Tobacco governing the operations of cigarette The provisions of the Paperwork and Firearms (ATF), Department of the papers and tubes manufacturers from Reduction Act of 1995, Pub. L. 104–13, Treasury. part 285 into 27 CFR part 270, subpart 44 U.S.C. Chapter 35, and its ACTION: Final rule, Treasury decision. K. This consolidation in one part of all implementing regulations, 5 CFR part manufacturing regulations relating to 1320, do not apply to this notice SUMMARY: ATF is revising and tobacco products and cigarette papers because no new requirement to collect recodifying the regulations governing and tubes is consistent with the existing information is imposed. This final rule the operations of cigarette papers and consolidated approach in part 275 on only transfers 27 CFR part 285 to 27 tubes manufacturers. These revisions the importation of these items. CFR subpart K. consist of a clear definition of the term ‘‘set,’’ as such term is applied to Definitions Regulatory Flexibility Act cigarette papers. This term is clearly The Bureau held in ATF Ruling 81– The provisions of the Regulatory defined in ATF Ruling 81–2, A.T.F.Q.B. 2 that any packaging intended for Flexibility Act relating to an initial and 1981–3 75, and is being incorporated in delivery to the consumer as a unit final regulatory flexibility analysis (5 this final rule to provide its ready which contains more than 25 cigarette U.S.C. 604) are not applicable to this reference. We have also eliminated papers is taxable. The definition of the final rule because the agency was not Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54085 required to publish a notice of proposed transfer, Customs duties and inspection, Cigarette papers. Taxable books or rulemaking under 5 U.S.C. 553 or any Excise taxes, Imports, Labeling, sets of cigarette papers, i.e., books or other law. A copy of this final rule was Packaging and containers, Penalties, sets of cigarette papers containing more submitted to the Chief Counsel for Reporting requirements, Seizures and than 25 papers each. Advocacy of the Small Business forfeitures, Surety bonds, Tobacco Cigarette tube. Cigarette paper made Administration for comment on the products, U.S. possessions, Warehouses. into a hollow cylinder for use in making impact of such regulation on small cigarettes. 27 CFR Part 285 businesses in accordance with 26 U.S.C. * * * * * 7805(f). Administrative practice and Factory. The premises of a Executive Order 12866 procedure, Authority delegations, manufacturer of tobacco products as (Government agencies), Cigarette papers described in his permit issued under 26 It has been determined that this rule and tubes, Cigars, Cigarettes, Claims, U.S.C. chapter 52, or the premises of a is not a significant regulatory action Electronic fund transfer, Excise taxes, manufacturer of cigarette papers and because it will not: (1) Have an annual Packaging and containers, Penalties, tubes on which such business is effect on the economy of $100 million Reporting and recordkeeping conducted. or more or adversely affect in a material requirements, Seizures and forfeitures, way the economy, a sector of the * * * * * Surety bonds. Manufacturer of cigarette papers and economy, productivity, competition, tubes. Any person who makes up jobs, the environment, public health or 27 CFR Part 295 cigarette paper into books or sets safety, or State, local or tribal Administrative practice and containing more than 25 papers each, or governments or communities; (2) Create procedure, Authority delegations a serious inconsistency or otherwise into tubes, except for personal use or (Government agencies), Cigarette papers consumption. interfere with an action taken or and tubes, Excise taxes, Labeling, planned by another agency; (3) * * * * * Packaging and containers, Tobacco Package. The immediate container in Materially alter the budgetary impact of products. entitlements, grants, user fees, or loan which tobacco products or cigarette programs or the rights and obligations of Authority and Issuance papers or tubes are put up in by the recipients thereof; or (4) Raise novel manufacturer and offered for sale or Accordingly, ATF is amending Title delivery to the consumer. legal or policy issues arising out of legal 27 of the Code of Federal Regulations as mandates, the President’s priorities, or follows: * * * * * Removal or remove. The removal of the principles set forth in Executive Sec. A. Title 27 CFR part 270 is tobacco products or cigarette papers or Order 12866. amended as follows: tubes from the factory or release from Administrative Procedures Act PART 270ÐMANUFACTURE OF customs custody, including the Because this final rule merely makes TOBACCO PRODUCTS smuggling of other unlawful technical amendments and conforming importation of such articles into the changes to improve the clarity of the Paragraph 1. The authority citation United States. regulations, it is found to be for part 270 continues to read as * * * * * unnecessary and contrary to the public follows: Sets. Any collection, grouping, or interest to issue this final rule with Authority: 26 U.S.C. 5142, 5143, 5146, packaging of cigarette papers made up notice and public procedure under 5 5701, 5703–5705, 5711–5713, 5721–5723, by any person for delivery to the U.S.C. 553(b). Similarity it is found to 5731, 5741, 5751, 5753, 5761–5763, 6061, consumer as a unit. be unnecessary and contrary to the 6065, 6109, 6151, 6301, 6302, 6311, 6313, * * * * * public interest to subject this final rule 6402, 6404, 6423, 6676, 6806, 7011, 7212, Par. 4. Subpart K is added to read as 7325, 7342, 7502, 7503, 7606, 7805, 31 U.S.C. to the effective date limitation of 5 follows: U.S.C. 553(d). 9301, 9303, 9304, 9306. Drafting Information Par. 2. Section 270.1 is revised to read Subpart KÐMANUFACTURE OF as follows: CIGARETTE PAPERS AND TUBES The principal drafter of this document is Clifford A. Mullen, Wine, Beer and § 270.1 Manufacture of tobacco products Taxes Spirits Regulations Branch, Bureau of and cigarette papers and tubes. Sec. Alcohol, Tobacco and Firearms. This part contains regulations relating 270.351 Cigarette papers. 270.352 Cigarette tubes. List of Subjects to the manufacture of tobacco products and cigarette papers and tubes; the 270.353 Persons liable for tax. 27 CFR Part 270 payment by manufacturers of tobacco 270.354 Determination of tax and method of payment. Administrative practice and products and cigarette papers and tubes 270.355 Return of manufacturer. procedure, Authority delegations of internal revenue taxes imposed by 26 270.356 Adjustments in the return of (Government agencies), Claims, U.S.C. chapter 52; and the qualification manufacturer. Electronic fund transfer, Excise taxes, of and operations by manufacturers of 270.357 Payment of tax by electronic fund Labeling, Packaging and containers, tobacco products. transfer. Penalties, Reporting requirements, Par. 3. Section 270.11 is amended by 270.358 Assessment. Seizures and forfeitures, Surety bonds, adding and revising the following 270.359 Employer identification number. Tobacco products. definitions: 270.360 Application for employer identification number. 27 CFR Part 275 § 270.11 Meaning of terms. 270.361 Execution and filing of Form SS–4. Administrative practice and * * * * * Special (Occupational) Taxes procedure, Authority delegations Cigarette paper. Paper, or any other 270.371 Liability for special tax. (Government agencies), Cigarette papers material except tobacco, prepared for 270.372 Rate of special tax. and tubes, Claims, Electronic fund use as a cigarette wrapper. 270.373 Special tax returns. 54086 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations

270.374 Issuance, distribution, and Permanent Discontinuance of Business products, or an export warehouse examination of special tax stamps. 270.461 Discontinuance of operations. proprietor, the transferee shall become 270.375 Changes in special tax stamps. liable for the tax upon receipt of such Claims by Manufacturers General papers and tubes and the transferor General shall thereupon be relieved of liability 270.382 Authority of ATF officers to enter for the tax. When cigarette papers and premises. 270.471 Abatement. 270.472 Credit or refund. tubes are released in bond from customs 270.383 Interference with administration. 270.474 Remission. 270.384 Disposal of forfeited, condemned, custody for transfer to the bonded and abandoned cigarette papers and Lost or Destroyed premises of a manufacturer of such papers and tubes or a manufacturer of tubes. 270.475 Action by claimant. 270.385 Alternate methods or procedures. tobacco products, the transferee shall 270.386 Emergency variations from Withdrawn From the Market become liable for the tax on the papers requirements. 270.476 Action by claimant. and tubes upon release from customs 270.387 Penalties and forfeitures. 270.477 Action by regional director custody. Any person who possesses (compliance). cigarette papers and tubes in violation Qualification Requirements for 270.478 Disposition of cigarette papers and of 26 U.S.C. 5751(a) (1) or (2), shall be Manufacturers tubes and schedule. liable for a tax equal to the rate of tax Original Qualifications § 270.351 Cigarette papers. applicable to such articles. 270.391 Persons required to qualify. On each book or set of cigarette (72 Stat. 1417, 1424; 26 U.S.C. 5703, 5751) 270.392 Bond. papers containing more than 25 papers, § 270.354 Determination of tax and method 270.393 Power of attorney. manufactured in or imported into the 270.394 Notice of approval of bond. of payment. United States, the following taxes are Except for removals without payment Changes After Original Qualification imposed by law: of tax and transfers in bond, as (a) Cigarette papers removed before 270.395 Change in name. authorized by law, no cigarette papers January 1, 1991, 1⁄2 cent for each 50 270.396 Change in proprietorship. and tubes shall be removed until the papers or fractional part thereof. 270.397 Change in location. (b) Cigarette papers removed on or taxes imposed by section 5701, I.R.C., Bonds and Extensions of Coverage of Bonds after January 1, 1991, and before January have been determined. The payment of 1, 1993, 0.625 cent for each 50 papers taxes on cigarette papers and tubes 270.401 Corporate surety. which are removed on determination of 270.402 Two or more corporate sureties. or fractional part thereof. (c) Cigarette papers removed on or tax shall be made by return in 270.403 Deposit of securities in lieu of accordance with the provisions of this corporate surety. after January 1, 1993, 0.75 cent for each subpart. 270.404 Amount of bond. 50 papers or fractional part thereof. 270.405 Strengthening bond. (d) Where cigarette papers measure (72 Stat. 1417; 26 U.S.C. 5703) 270.406 Superseding bond. more than 61⁄2 inches in length, they § 270.355 Return of manufacturer. 270.407 Extension of coverage of bond. shall be taxable at the above rates, 3 (a) Requirement for filing. A 270.408 Approval of bond and extension of counting each 2 ⁄4 inches, or fraction coverage of bond. thereof, of the length of each as one manufacturer of cigarette papers and 270.409 Termination of liability of surety cigarette paper. tubes shall file, for each factory, a semimonthly tax return on ATF Form under bond. (72 Stat. 1414; 26 U.S.C. 5701) 270.410 Release of pledged securities. 5000.24. A return shall be filed for each § 270.352 Cigarette tubes. semimonthly return period regardless of Operations by Manufacturers On cigarette tubes, manufactured in or whether cigarette papers and tubes were Records imported into the United States, the removed subject to tax or whether tax is 270.421 General. following tax is imposed by law for each due for that particular return period. (b) Waiver from filing. The 50 tubes or fractional part thereof: Reports (a) Cigarette tubes removed before manufacturer need not file a return for 270.422 General. January 1, 1991, 1 cent. each semimonthly return period if: 270.423 Opening. (b) Cigarette tubes removed on or after (1) Cigarette papers and tubes were 270.424 Monthly. January 1, 1991 and before January 1, not removed subject to tax during the 270.425 Special. period, and 1993, 1.25 cents. (2) The regional director (compliance) 270.426 Closing. (c) Cigarette tubes removed on or after has granted a waiver from filing in Inventories January 1, 1993, 1.5 cents. (d) Where cigarette tubes measure response to a written request from the 270.431 General. 1 manufacturer. more than 6 ⁄2 inches in length, they (c) Semimonthly return periods. 270.432 Opening. shall be taxable at the above rates, 270.433 Special. Except as provided by paragraph (g) of counting each 23⁄4 inches, or fraction 270.434 Closing. this section, semimonthly return thereof, of the length of each as one periods shall run from the first day of Document Retention cigarette tube. the month through the 15th day of the 270.435 General. (72 Stat. 1414; 26 U.S.C. 5701) month, and from the 16th day of the Packages § 270.353 Persons liable for tax. month through the last day of the month. 270.441 General. The manufacturer of cigarette papers (d) Preparation and filing. The return and tubes shall be liable for the taxes Miscellaneous Operations shall be executed and filed with ATF in imposed on such articles by 26 U.S.C. accordance with the instructions on the 270.451 Transfer in bond. 5701. When a manufacturer of cigarette form. 270.452 Release from customs custody. papers and tubes transfers such papers (e) Remittance of tax. Except as 270.453 Use of the United States. and tubes without payment of tax, provided in § 270.357, remittance of the 270.454 Removal for export purposes. pursuant to 26 U.S.C. 5704 to the tax, if any, shall accompany the return. bonded premises of another such (f) Time for filing. Except as provided manufacturer, a manufacturer of tobacco by paragraph (g) of this section, for each Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54087 semimonthly return period, the return falls on a Sunday, the return and Overpayments are not taken into shall be filed not later than the 14th day remittance shall be due on the account in summarizing the gross tax after the last day of the return period. If immediately following day. liability. the due date falls on a Saturday, (Approved by the Office of Management and (2) For the purposes of this section, a Sunday, or legal holiday, the return and Budget under Control Number 1512–0467). taxpayer includes a controlled group of remittance shall be due on the corporations, as defined in 26 U.S.C. immediately preceding day which is not § 270.356 Adjustments in the return of 1563, and implementing regulations in a Saturday, Sunday or legal holiday. manufacturer. 26 CFR §§ 1.563–1 through 1.1563–4. (g) Special rule for taxes due for the Adjustments may be made in Also, the rules for a ‘‘controlled group month of September (effective after Schedules A and B of the of corporations’’ apply in a similar December 31, 1994). (1) Except as manufacturer’s semimonthly tax return, fashion to groups which include provided in paragraph (g)(2) of this ATF Form 5000.24, as provided in this partnerships and/or sole section, the second semimonthly period section. Schedule A of the return will be proprietorships. If one entity maintains for the month of September shall be used where an unintentional error in a more than 50% control over a group divided into two payment periods, from previous return resulted in an consisting of corporations and one, or the 16th day through the 26th day, and underpayment of tax. Schedule B of the more, partnerships and/or sole from the 27th day through the 30th day. return will be used where an proprietorships, all of the members of The manufacturer shall file a return on unintentional error in a previous return the controlled group are one taxpayer Form 5000.24, and make remittance, for resulted in an overpayment of tax, or for the purpose of determining who is the period September 16–26, no later where notice has been received from the required to make remittances by EFT. than September 29. The manufacturer regional director (compliance) that a (3) A taxpayer who is required by this shall file a return on Form 5000.24, and claim for allowance of tax has been section to make remittances by EFT make remittance, for the period approved. In the case of an shall make a separate EFT remittance September 27–30, no later than October overpayment, the manufacturer shall and file a separate return, ATF Form 14. have the option of filing a claim on ATF 5000.24, for each factory from which (2) Taxpayment not by electronic fund Form 2635 (5620.8) for refund or taking cigarette papers or cigarette tubes are transfer. In the case of taxes not credit in Schedule B of the return, both withdrawn upon determination of tax. required to be remitted by electronic subject to the period of limitations (b) Requirements. (1) On or before fund transfer as prescribed by § 270.357, prescribed in 26 U.S.C. 6511. Any January 10 of each calendar year, except the second semimonthly period of adjustment made in a return must be for a taxpayer already remitting the tax September shall be divided into two fully explained in the appropriate by EFT, each taxpayer who was liable payment periods, from the 16th day schedule or in a statement attached to for a gross amount equal to or exceeding through the 25th day, and the 26th day and made a part of the return in which five million dollars in taxes on tobacco through the 30th day. The manufacturer such adjustment is made. products, cigarette papers, and cigarette shall file a return on Form 5000.24, and (72 Stat. 1417, 68A Stat. 791; 26 U.S.C. 5703, tubes combining tax liabilities incurred remittance, for the period September 6402) under this part and part 275 of this 16–25, no later than September 28. The chapter during the previous calendar manufacturer shall file a return on Form § 270.357 Payment of tax by electronic year, shall notify, in writing, the 5000.24, and make remittance, for the fund transfer. regional director (compliance), for each period September 26–30, no later than (a) General. (1) Each taxpayer who region in which taxes are paid. The October 14. was liable, during a calendar year, for a notice shall be an agreement to make (3) Amount of payment: Safe harbor gross amount equal to or exceeding five remittances by EFT. rule. (i) Taxpayers are considered to millions dollars in taxes on tobacco (2) For each return filed in accordance have met the requirements of paragraph products, cigarette papers, and cigarette with this part, the taxpayer shall direct (g)(1) of this section, if the amount paid tubes combining tax liabilities incurred the taxpayer’s bank to make an no later than September 29 is not less under this part and part 275 of this electronic fund transfer in the amount of than 11⁄15 (73.3 percent) of the tax chapter, shall use a commercial bank in the taxpayment to the Department of the liability incurred for the semimonthly making payment by electronic fund Treasury’s General Account or the period beginning on September 1 and transfer (EFT) of taxes on tobacco Federal Reserve Bank of New York as ending on September 15, and if any products, cigarette papers, and cigarette provided in paragraph (e) of this underpayment of tax is paid by October tubes during the succeeding calendar section. The request shall be made to 14. year. Payment of taxes on tobacco the bank early enough for the transfer to (ii) Taxpayers are considered to have products, cigarette papers, and cigarette be made to the Treasury Account by no met the requirements of paragraph (g)(2) tubes in any other form of remittance, as later than the close of business on the of this section, if the amount paid no authorized in § 270.355, is not last day for filing the return, prescribed later than September 28 is not less than authorized for a taxpayer who is in § 270.355. The request shall take into two-thirds (66.7 percent) of the tax required, by this section, to make account any time limit established by liability incurred for the semimonthly remittances by EFT. For purposes of this the bank. period beginning on September 1 and section, the dollar amount of tax (3) If a taxpayer was liable for less ending on September 15, and if any liability is defined as the gross tax than five million dollars in taxes on underpayment of tax is paid by October liability on all taxable withdrawals and tobacco products, cigarette papers, and 14. importations (including tobacco cigarette tubes combining tax liabilities (4) Last day for payment. If the products, cigarette papers, and cigarette incurred under this part and part 275 of required due date for taxpayment for the tubes brought into the United States this chapter during the preceding periods September 16–25 or September from Puerto Rico or the Virgin Islands) calendar year, the taxpayer may choose 16–26, as applicable, falls on a during the calendar year, without regard either to continue remitting the tax as Saturday, the return and remittance to any drawbacks, credits, or refunds, provided in this section or to remit the shall be due on the immediately for all premises from which such tax with the return as prescribed by preceding day. If the required due date activities are conducted by the taxpayer. § 270.355. Upon filing the first return on 54088 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations which the taxpayer chooses to penalties imposed by law for failure to (a) the individual if the person is an discontinue remitting the tax by EFT pay such tax when required. Except in individual; and to begin remitting the tax with the cases where delay may jeopardize (b) the president, vice president, or tax return, the taxpayer shall notify the collection of the tax, or where the other principal officer if the person is a regional director (compliance) by amount is nominal or the result of an corporation; attaching a written notification to ATF evident mathematical error, no such (c) a responsible and duly authorized Form 5000.24, stating that no taxes are assessment shall be made until and after member or officer having knowledge of due by EFT, because the tax liability notice has been afforded such person to its affairs if the person is a partnership during the preceding calendar year was show cause against assessment. The or other unincorporated organization; or less than five million dollars, and that person will be allowed 45 days from the (d) the fiduciary if the person is a the remittance shall be filed with the tax date of such notice to show cause, in trust or estate. return. writing, against such assessment. (75 Stat. 828; 26 U.S.C. 6109) c. Remittance. (1) Each taxpayer shall (72 Stat. 1417; 26 U.S.C. 5703) show on the return, ATF Form 5000.24, Special (Occupational) Taxes § 270.359 Employer identification number. information about remitting the tax for § 270.371 Liability for special tax. that return period by EFT and shall file The employer identification number (a) Manufacturer of cigarette papers (EIN) (defined at 26 CFR 301.7701–12) the return with ATF, in accordance with and tubes. Every manufacturer of of a manufacturer of cigarette papers the instructions of ATF Form 5000.24. cigarette papers and tubes shall pay a (2) Remittances shall be considered as and/or tubes who has been assigned special (occupational) tax at a rate made when the taxpayment by EFT is such a number shall be shown on each specified by § 270.372 of this part. The received by the Treasury Account. For semimonthly tax return, ATF Form tax shall be paid on or before July 1. On purposes of this section, a taxpayment 5000.24, and special tax return commencing business, the tax shall be by EFT shall be considered as received (including amended returns), ATF Form computed from the first day of the by the Treasury Account when it is paid 5630.5, filed under this subpart. Failure month in which liability is incurred, to a Federal Reserve Bank. of the taxpayer to include the EIN on through the following June 30. (3) When the taxpayer directs the ATF Form 5000.24 may result in Thereafter, the tax shall be computed for bank to effect an EFT message as assertion and collection of the penalty required by paragraph (b)(2) of this specified in § 70.113 of this chapter. the entire year (July 1 through June 30). (b) Each place of business taxable. A section, any transfer data record Failure of the taxpayer to include the manufacturer of cigarette papers and furnished to the taxpayer, through EIN on ATF Form 5630.5 may result in tubes incurs special tax liability at each normal banking procedures, will serve the imposition of the penalty specified place of business in which an as the record of payment, and shall be in 27 CFR 70.113 of this chapter. occupation subject to special tax is retained as part of required records. (75 Stat. 828; 26 U.S.C. 6109, 6676) (d) Failure to make a taxpayment by conducted. A place of business means EFT. The taxpayer is subject to a penalty § 270.360 Application for employer the entire office, plant or area of the imposed by 26 U.S.C. 5761, 6651, or identification number. business in any one location under the 6656, as applicable, for failure to make Each manufacturer of cigarette papers same proprietorship. Passageways, a taxpayment by EFT on or before the and tubes who has neither secured an streets, highways, rail crossings, close of business on the prescribed last EIN nor made application therefor shall waterways, or partitions dividing the day for filing. file an application on IRS Form SS–4. premises are not sufficient separation to (e) Procedure. Upon the notification IRS Form SS–4 may be obtained from require additional special tax, if the required under paragraph (b)(1) of this any service center director or from any divisions of the premises are otherwise section, the regional director district director. Such application shall contiguous. (compliance) will issue to the taxpayer be filed on or before the seventh day (26 U.S.C. 5143, 5731) an AFT Procedure entitled Payment of after the date on which any tax return § 270.372 Rate of special tax. Tax by Electronic Fund Transfer. This under this subpart is filed. Each publication outlines the procedure a manufacturer shall make application for (a) General. Title 26 U.S.C. 5731(a)(2) taxpayer is to follow when preparing and shall be assigned only one EIN for imposes a special tax of $1,000 per year returns and EFT remittances in all internal revenue purposes. on every manufacturer of cigarette papers and tubes. accordance with this part. The U.S. (75 Stat. 828; 26 U.S.C. 6109) Customs Service will provide the (b) Reduced rate for small proprietors. taxpayer with instructions for preparing § 270.361 Execution and filing of Form SS± Title 26 U.S.C. 5731(b) provides for a EFT remittances for payments to be 4. reduced rate of $500 per year with made to the U.S. Customs Service. The application on IRS form SS–4, respect to any manufacturer of cigarette together with any supplementary papers and tubes whose gross receipts (Approved by the Office of Management and statement, shall be prepared in (for the most recent taxable year ending Budget under control number 1512–0457) accordance with the applicable form, before the first day of the taxable period (Act of August 16, 1954, 68A Stat. 775, as instructions, and regulations, and the to which the special tax imposed by amended (26 U.S.C. 6302); sec. 202, Pub. L. 85–859, 72 Stat. 1417, as amended (26 U.S.C. data called for shall be set forth fully § 270.371 relates) are less than $500,000. 5703)) and clearly. The application shall be The ‘‘taxable year’’ to be used for filed with the service center director determining gross receipts is the § 270.358 Assessment. serving the internal revenue district taxpayer’s income tax year. All gross Whenever any person required by law where the applicant is required to file receipts of the taxpayer shall be to pay tax on cigarette papers and tubes returns under this subpart, except that included, not just the gross receipts of fails to pay such tax, the tax shall be hand-carried applications may be filed the business subject to special tax. ascertained and assessed against such with the district director of any such Proprietors of new businesses that have person, subject to the limitations district as provided for in 26 CFR not yet begun a taxable year, as well as prescribed in 26 U.S.C. 6501. The tax so § 301.6091–1. The application shall be proprietors of existing businesses that assessed shall be in addition to the signed by: have not yet ended a taxable year, who Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54089 commence a new activity subject to (5) The class(es) of special tax to by the name of the principal and special tax, qualify for the reduced which the taxpayer is subject. followed by the title of the agent or special (occupational) tax rate, unless (6) Ownership and control attorney in fact. A return signed by a the business is a member of a information: That is, the name, position, person as agent will not be accepted ‘‘controlled group’’; in that case the and residence address of every owner of unless there is filed, with the ATF office rules of paragraph (c) of this section the business and of every person having with which the return is required to be shall apply. power to control its management and filed, a power of attorney authorizing (c) Controlled group. All persons policies with respect to the activity the agent to perform the act. treated as one taxpayer under 26 U.S.C. subject to special tax. ‘‘Owner of the (4) Perjury statement. ATF Forms 5061(e)(3) shall be treated as one business’’ shall include every partner, if 5630.5 shall contain or be verified by a taxpayer for the purpose of determining the taxpayer is a partnership, and every written declaration that the return has gross receipts under paragraph (b) of person owning 10% or more of its stock, been executed under the penalties of this section. ‘‘Controlled group’’ means if the taxpayer is a corporation. perjury. a controlled group of corporations, as However, the ownership and control defined in 26 U.S.C. 1563 and information required by this paragraph § 270.374 Issuance, distribution, and implementing regulations in 26 CFR need not be stated if the same examination of special tax stamps. 1.1563–1 through 1.1563–4. Also, the information has been previously (a) Issuance of special tax stamps. rules for a ‘‘controlled group of provided to ATF in connection with a Upon filing a properly executed return corporations’’ apply in a similar fashion permit application, and if the on ATF Form 5630.5 together with the to groups which include partnerships information previously provided is still full remittance, the taxpayer will be and/or sole proprietorships. If one entity current. issued an appropriately designated maintains more than 50% control over (c) Multiple locations and/or classes special tax stamp. If the return covers a group consisting of corporations and of tax. multiple locations, the taxpayer will be one, or more, partnerships and/or sole A taxpayer subject to special tax for issued one appropriately designated proprietorships, all of the members of the same period at more than one stamp for each location listed on the the controlled group are one taxpayer location or for more than one class of attachment required by § 270.373(c)(2), for the purpose of this section. tax shall— but showing, as to name and address, (d) Short taxable year. Gross receipts (1) File one special tax return, ATF only the name of the taxpayer and the for any taxable year of less than 12 Form 5630.5, with payment of tax, to address of the taxpayer’s principal place months shall be annualized by cover all such locations and classes of of business (or principal office in the multiplying the gross receipts for the tax; and case of a corporate taxpayer). (2) Prepare, in duplicate, a list short period by 12 and dividing the (b) Distribution of special tax stamps identified with the taxpayer’s name, result by the number of months in the for multiple locations. On receipt of the address (as shown on ATF Form short period as required by 26 U.S.C. special tax stamps, the taxpayer shall 5630.5), employer identification 448(c)(3). verify that there is one stamp for each number, and period covered by the (e) Returns and allowances. Gross location listed on the attachment to ATF return. The list shall show, by State, the receipts for any taxable year shall be Form 5630.5. The taxpayer shall name, address, and tax class of each reduced by returns and allowances designate one stamp for each location location for which special tax is being made during such year under 26 U.S.C. and type on each stamp the address of paid. The original of the list shall be 448(c)(3). the business conducted at the location filed with ATF in accordance with (26 U.S.C. 448, 5061, 5731) for which that stamp is designated. The instructions on the return, and the copy taxpayer shall then forward each stamp § 270.373 Special tax returns. shall be retained at the taxpayer’s to the place of business designated on principal place of business (or principal (a) General. Special tax shall be paid the stamp. office, in the case of a corporate by return. The prescribed return is ATF (c) Examination of special tax stamps. taxpayer) for the period specified in Form 5630.5, Special Tax Registration All stamps denoting payment of special and Return. Special tax returns, with § 270.371. (d) Signing of ATF Forms 5630.5.—(1) tax shall be kept available for inspection payment of tax, shall be filed with ATF by ATF officers, at the location for in accordance with instructions on the Ordinary returns. The return of an individual proprietor shall be signed by which designated, during business form. hours. (b) Preparation of ATF Form 5630.5. the individual. The return of a All of the information called for on ATF partnership shall be signed by a general (26 U.S.C. 5142, 5146, 6806) partner. The return of a corporation Form 5630.5 shall be provided § 270.375 Changes in special tax stamps. including: shall be signed by any officer. In each (1) The true name of the taxpayer. case, the person signing the return shall (a) Change in name. If there is a (2) The trade name(s) (if any) of the designate his or her capacity as change in the corporate or firm name, or business(es) subject to special tax. ‘‘individual owner,’’ ‘‘member of firm,’’ in the trade name, as shown on ATF (3) The employer identification or, in the case of a corporation, the title Form 5630.5, the manufacturer shall file number (see §§ 270.359–361). of the officer. an amended special tax return as soon (4) The exact location of the place of (2) Fiduciaries. Receivers, trustees, as practicable after the change, covering business, by name and number of assignees, executors, administrators, the new corporate or firm name, or trade building or street, or if these do not and other legal representatives who names. No new special tax is required exist, by some description in addition to continue the business of a bankrupt, to be paid. The manufacturer shall the post office address. In the case of insolvent, deceased person, etc., shall attach the special tax stamp for one return for two or more locations, the indicate the fiduciary capacity in which endorsement of the change in name. address to be shown shall be the they act. (b) Change in proprietorship.—(1) taxpayer’s principal place of business (3) Agent or attorney in fact. If a General. If there is a change in the (or principal office, in the case of a return is signed by an agent or attorney proprietorship of a cigarette papers and corporate taxpayer). in fact, the signature shall be preceded tubes factory, the successor shall pay a 54090 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations new special tax and obtain the required refuses to admit any ATF officer or bond through claim for refund, shall be special tax stamps. permit any AFT officer to examine such filed, in original only, with the officer (2) Exemption for certain successors. cigarette papers and tubes shall be liable having custody of the articles. In the Persons having the right of succession to the penalties prescribed by law for case of cigarette papers and tubes provided for in paragraph (c) of this the offense. forfeited under the internal revenue section may carry on the business for (68A Stat. 872; 903 26 U.S.C. 7342, 7606) laws, the sale shall be subject to the the remainder of the period for which provisions of part 72 of this chapter. the special tax was paid, without paying § 270.383 Interference with administration. a new special tax, if within 30 days after Whoever, corruptly or by force or (68A Stat. 870, as amended, 72 Stat. 1425, as the date on which the successor begins threats of force, endeavors to hinder or amended; 26 U.S.C. 7325, 5753) to carry on the business, the successor obstruct the administration of this § 270.385 Alternate methods or files a special tax return on ATF Form subpart, or endeavors to intimidate or procedures. 5630.5 with ATF, which shows the basis impede any ATF officer acting in an of succession. A person who is a official capacity, or forcibly rescues or A manufacturer of cigarette papers successor to a business for which attempts to rescue or causes to be and tubes, on specific approval by the special tax has been paid and who fails rescued any property, after it has been Director as provided in this section, may to register the succession is liable for duly seized for forfeiture to the United use an alternate method or procedure in special tax computed from the first day States in connection with a violation or lieu of a method or procedure of the calendar month in which the intended violation of this subpart, shall specifically prescribed in this subpart. successor began to carry on the be liable to the penalties prescribed by The Director may approve an alternate business. law. method or procedure, subject to stated (c) Persons having right of succession. (68A Stat. 855; 26 U.S.C. 7212) conditions, when the Director finds Under the conditions indicated in that— § 270.384 Disposal of forfeited, paragraph (b)(2) of this section, the right (a) Good cause has been shown for the of succession will pass to certain condemned, and abandoned cigarette papers and tubes. use of the alternate method or persons in the following cases: procedure, (1) Death. The spouse or child, or Forfeited, condemned, or abandoned executor, administrator, or other legal cigarette papers or tubes in the custody (b) The alternate method or procedure representative of the taxpayer; of a Federal, State, or local officer upon is within the purpose of, and consistent (2) Succession of spouse. A husband which the Federal tax has not been paid with the effect intended by, the or wife succeeding to the business of his shall not be sold or caused to be sold for specifically prescribed method or or her spouse (living); consumption in the United States if, in procedure, and affords equivalent (3) Insolvency. A receiver or trustee in the opinion of the officer, the sale of security to the revenue, and bankruptcy, or an assignee for benefit of such papers and tubes will not bring a price equal to the tax due and payable, (c) The alternate method or procedure creditors; will not be contrary to any provision of (4) Withdrawal from firm. The partner and the expenses incident to the sale. Where the cigarette papers or tubes are law, and will not result in an increase or partners remaining after death or in cost to the Government or hinder the withdrawal of a member. not sold the officer may deliver them to effective administration of this subpart. (d) Change in location. If there is a a Federal or State institution (if they are change in location of a taxable place of fit for consumption) or cause their No alternate method or procedure business, the manufacturer shall within destruction by burning completely or by relating to the giving of any bond or to 30 days after the change, file with ATF rendering them unfit for consumption. the assessment, payment, or collection an amended special tax return covering Where such papers or tubes are sold, of tax, shall be authorized under this the new location. The manufacturer release by the officer having custody section. A manufacturer who desires to shall attach the special tax stamp or shall be made only after such papers employ an alternate method or stamps for endorsement of the change in and tubes are properly packaged and procedure shall submit a written location. No new special tax is required taxpaid. A receipt from the regional application, in triplicate, to the regional to be paid. However, if the manufacturer director (compliance) evidencing director (compliance) for transmittal to payment of tax on such papers or tubes does not file the amended return within the Director. The application shall shall be presented to the officer having 30 days, the manufacturer is required to specifically describe the proposed custody of the articles, which tax shall pay a new special tax and obtain a new alternate method or procedure, and special tax stamp. be considered part of the sales price. Where cigarette papers or tubes which shall set forth the reasons therefor. (26 U.S.C. 5143, 7011) have been packaged under the Alternate methods or procedures shall not be employed until the application General provisions of part 295 of this chapter are to be released after payment of tax, the has been approved by the Director. The § 270.382 Authority of ATF officers to purchaser shall appropriately mark each manufacturer shall, during the period of enter premises. package ‘‘Federal Tax Paid (date)’’ authorization of an alternate method or Any ATF officer may enter in the before the officer having custody of the procedure, comply with the terms of the daytime any premises where cigarette papers or tubes releases them. However, approved application. Authorization for papers and tubes are produced or kept, the articles may be released without any alternate method or procedure may so far as it may be necessary for the such marking of the packages if the be withdrawn whenever, in the purpose of examining such articles. purchaser is a qualified manufacturer of judgment of the Director, the revenue is When such premises are open at night, cigarette papers and tubes and does not jeopardized or the effective any ATF officer may enter them, while intend to place such papers or tubes on administration of this part is hindered. so open, in the performance of his or her the domestic market for taxable articles Any authorization of the Director under official duties. The owner of such but will otherwise dispose of them. A this section shall be retained as part of premises, or person having the written statement of notification of the manufacturer’s record in accordance superintendence of the same, who disposal by destruction or return to with this subpart. Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54091

§ 270.386 Emergency variations from tubes in accordance with the provisions days of the change, furnish the regional requirements. of this subpart. director (compliance) a written notice of The Director may approve methods of (72 Stat. 1421; 26 U.S.C. 5711) such change. operation other than as specified in this (72 Stat. 1422; 26 U.S.C. 5722) subpart, where it is determined that an § 270.392 Bond. emergency exists and the proposed Every person, before commencing § 270.396 Change in proprietorship. variations from the specified business as a manufacturer of cigarette Where there is to be any change in requirements are necessary, and the papers and tubes, shall file a bond on proprietorship (including a change in proposed variations— ATF Form 2102 (5210.1). Such bond the identity of the members of a (a) Will afford the security and shall be filed in accordance with the partnership or association, but protection to the revenue intended by applicable provisions of subpart G of excluding any change in stock the prescribed specifications; this part and conditioned upon ownership in a corporation) of the (b) Will not hinder the effective compliance with the provisions of 26 business of a manufacturer of cigarette administration of this subpart; and U.S.C. Chapter 52, and regulations papers and tubes, the proposed (c) Will not be contrary to any thereunder, including, but not limited successor shall, before commencing provision of law. Variations from to, the timely payment of taxes imposed operations, qualify as a manufacturer of requirements granted under this section by such chapter and penalties and cigarette papers and tubes, in are conditioned on compliance with the interest in connection therewith for accordance with this part. If such procedures, conditions, and limitations which the manufacturer may become manufacturer promptly files the set forth in the approval of the liable to the United States. required documentation with the application. Failure to comply in good (72 Stat. 1421; 26 U.S.C. 5711) regional director (compliance), an faith with such procedures, conditions administrator, executor, receiver, and limitations shall automatically § 270.393 Power of attorney. trustee, assignee, or other fiduciary terminate the authority for such If the bond or any other document successor may liquidate the business variations and the manufacturer required under this part is signed by an without qualifying as a manufacturer. thereupon shall fully comply with the attorney in fact for an individual, The manufacturer must promptly file prescribed requirements of regulations partnership, association, company, or with the regional director (compliance) from which the variations were corporation, by one of the partners for a statement of the intent to liquidate and authorized. Authority for any variation a partnership, or by one of the members furnish a certified copy of the order of may be withdrawn whenever in the of an association, a power of attorney on the court, or other pertinent documents. judgment of the Director the revenue is ATF Form 1534 (5000.8) shall be These documents must show the jeopardized or the effective furnished to the regional director appointment and qualification of any administration of this subpart is (compliance). If such bond or other administrator, executor, receiver, hindered by the continuation of such document is signed on behalf of a trustee, assignee, or other fiduciary, variation. Where a manufacturer desires corporation by an officer thereof, it must together with an extension of coverage to employ such variation, the be supported by duly authenticated of the predecessor’s bond executed by manufacturer shall submit a written extracts of the stockholders’ meeting, the administrator, executor, receiver, application to do so (in triplicate) to the by-laws, or directors’ meeting trustee, assignee, or other fiduciary and regional director (compliance) for authorizing such officer to execute such the surety, in accordance with the transmittal to the Director. The document for the corporation. ATF provisions of § 270.407. The predecessor application shall describe the proposed Form 5000.8 or support of authority shall make a closing inventory and variations and set forth the reasons does not have to be filed again with a closing report in accordance with the therefor. Variations shall not be regional director (compliance) where provisions of §§ 270.434 and 270.426, employed until the application has been such form or support has previously respectively, and the successor shall approved. In accordance with this been submitted to that regional director make an opening inventory and opening subpart, any authorization of the (compliance) and is still in effect. report, in accordance with the provision Director under this section shall be (72 Stat. 1421; 26 U.S.C. 5711) of §§ 270.432 and 270.423, respectively. retained as part of the manufacturer’s records. § 270.394 Notice of approval of bond. (72 Stat. 1421, 1422; 26 U.S.C. 5711, 5721, If the bond required under this and 5722) § 270.387 Penalties and forfeitures. subpart is approved by the regional § 270.397 Change in location. Anyone who fails to comply with the director (compliance), a number will be Whenever a manufacturer of cigarette provisions of this subpart becomes assigned to the factory of the papers and tubes contemplates a change liable to the civil and criminal penalties, manufacturer of cigarette papers and in location of a factory within the same and forfeitures, provided by law. tubes for internal revenue purposes. The region, the manufacturer shall, before (72 Stat. 1425, 1426; 26 U.S.C. 5761, 5762, regional director (compliance) will commencing operations at the new 5763) immediately notify the manufacturer, in location, file an extension of coverage of writing, of the bond approval, in order Qualification Requirements for bond in accordance with the provisions that the manufacturer may commence Manufacturers of § 270.407. Whenever a manufacturer operations. Original Qualifications of cigarette papers and tubes (72 Stat. 1421; 26 U.S.C. 5711) contemplates changing the location of a § 270.391 Persons required to qualify. Changes after Original Qualifications factory to another region, the Every person who makes up cigarette manufacturer shall, before commencing paper into books or sets containing more § 270.395 Change in name. operations at the new location, qualify than 25 papers each, or into tubes, Where there is a change in the as a manufacturer in the new region, in except for his or her own personal use individual, trade, or corporate name of accordance with the applicable or consumption, shall first qualify as a a manufacturer of cigarette papers and provisions of this subpart, and make a manufacturer of cigarette papers and tubes, the manufacturer shall, within 30 closing inventory and closing report, in 54092 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations accordance with the provisions of Acceptable Sureties on Federal Bonds which may be construed as a release of §§ 270.434 and 270.426, respectively. and as Acceptable Reinsuring any former bond, or as limiting the (72 Stat. 1421, 1422; 26 U.S.C. 5711, 5721, Companies). (See § 270.401(c)) When amount of either bond to less than its and 5722) the sureties so limit their liability, the full amount. aggregate of such limited liabilities must (72 Stat. 1421; 26 U.S.C. 5711) Bonds and Extensions of Coverage of equal the required amount of the bond. Bonds (July 30, 1947, ch. 390, 61 Stat. 648, as § 270.406 Superseding bond. § 270.401 Corporate surety. amended (31 U.S.C. 9304, 9306); sec. 202. A manufacturer of cigarette papers Pub. L. 85–859, 72 Stat. 1421, as amended and tubes shall file a new bond to (a) Surety bonds required by this (26 U.S.C. 5711)) subpart may be given only with supersede the current bond immediately corporate sureties holding certificates of § 270.403 Deposit of securities in lieu of when: authority from, and subject to any corporate surety. (a) The corporate surety on the limitations prescribed by the Secretary In lieu of corporate surety, the current bond becomes insolvent, of the Treasury as set forth in the manufacturer of cigarette papers and (b) The regional director (compliance) current revision of Treasury Department tubes may pledge and deposit, as approves a request from the surety of Circular No. 570 (Companies Holding security for the bond, securities which the current bond to terminate liability Certificates of Authority as Acceptable are transferable and are guaranteed as to under the bond, Sureties on Federal Bonds and as both interest and principal by the (c) Payment of any liability under a Acceptable Reinsuring Companies). The United States, in accordance with the bond is made by the surety thereon, or surety shall have no interest whatever in provisions of 31 CFR Part 225— (d) The regional director (compliance) the business covered by the bond. Acceptance of Bonds, Notes or Other considers such a superseding bond (b) Each bond and each extension of Obligations Issued or Guaranteed by the necessary for the protection of the coverage of bond shall at the time of United States as Security in Lieu of revenue. filing be accompanied by a power of Surety or Sureties on Penal Bonds. (72 Stat. 1421; 26 U.S.C. 5711) attorney authorizing the agent or officer (61 Stat. 650, 72 Stat. 1421, 31 U.S.C. 9301, § 270.407 Extension of coverage of bond. who executed the bond to so act on 9303, 26 U.S.C. 5711, 5 U.S.C. 552(a) (80 Stat. behalf of the surety. The regional 383, as amended)) An extension of the coverage of bond director (compliance) who is authorized filed under this subpart shall be to approve the bond may, whenever § 270.404 Amount of bond. manifested on ATF Form 2105 (5000.7), deemed necessary, require additional The amount of the bond of a Extension of Coverage of Bond, by the evidence of the authority of the agent or manufacturer of cigarette papers and manufacturer of cigarette papers and officer to execute the bond or extension tubes shall be not less than the tubes and by the surety on the bond of coverage of bond. The power of maximum amount of the tax liability on with the same formality and proof of attorney shall be prepared on a form the cigarette papers and tubes authority as required for the execution provided by the surety company and manufactured in the factory, received of the bond. executed under the corporate seal of the without payment of tax from other (72 Stat. 1421; 26 U.S.C. 5711) company. If the power of attorney factories, and released without payment submitted is other than a manually of tax from customs custody as provided § 270.408 Approval of bond and extension signed document, it shall be in § 270.452, during any month. In the of coverage of bond. accompanied by a certificate of its case of a manufacturer commencing No person shall commence operations validity. business, the production, receipts from under any bond, nor extend operations, (c) Treasury Department Circular No. other factories, and releases from until such person receives from the 570 is published in the Federal Register customs custody, without payment of regional director (compliance) notice of annually as of the first workday in July. tax, shall be estimated for the purpose approval of the bond or an appropriate As they occur, interim revisions of the of this section. The amount of any such extension of coverage of the bond circular are published in the Federal bond (or the total amount where required under this subpart. Upon Register. Copies may be obtained from strengthening bonds are filed) shall not receipt of an approved bond or the Surety Bond Branch, Financial exceed $20,000, nor be less than $1,000. extension of coverage of bond from the Management Service, Department of the (72 Stat. 1421; 26 U.S.C. 5711) regional director (compliance), such Treasury, Washington, D.C. 20220. bond or extension of coverage of bond § 270.405 Strengthening bond. shall be retained by the manufacturer of (July 30, 1947, ch. 390, 61 Stat. 648, as amended (31 U.S.C. 9304, 9306); sec. 202. Where the regional director cigarette papers and tubes in factory and Pub. L. 85–859, 72 Stat. 1421, as amended (compliance) determines that the shall be made available for inspection (26 U.S.C. 5711)) amount of the bond, under which a by any ATF officer upon request. manufacturer of cigarette papers and (72 Stat. 1421; 26 U.S.C. 5711) § 270.402 Two or more corporate sureties. tubes is currently carrying on such A bond executed by two or more business, no longer adequately protects § 270.409 Termination of liability of surety corporate sureties shall be the joint and the revenue, the regional director under bond. several liability of the principal and the (compliance) may require the The liability of a surety on any bond sureties. However, each corporate surety manufacturer to file a strengthening required by this subpart shall be may limit its liability in terms upon the bond in an appropriate amount with the terminated only as to operations on and face of the bond in a definite, specific same surety as that on the bond already after the effective date of a superseding amount, which amount shall not exceed in effect, in lieu of a superseding bond bond, or the date of approval of the the limitations prescribed for such to cover the full liability on the basis of discontinuance of operations by the corporate surety by the Secretary, as set § 270.404. The regional director manufacturer of cigarette papers and forth in the current revision of Treasury (compliance) shall refuse to approve any tubes, or otherwise in accordance with Department Circular 570 (Companies strengthening bond where any notation the termination provisions of the bond. Holding Certificates of Authority as is made thereon which is intended or The surety shall remain bound in Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54093 respect of any liability for unpaid taxes, different numerical content and the § 270.432 Opening. penalties and interest, not in excess of number of cigarette tubes manufactured, An opening inventory shall be made the amount of the bond, incurred by the received, removed, and lost or by the manufacturer of cigarette papers manufacturer while the bond is in force. destroyed. The report shall be made at and tubes at the time of first (72 Stat. 1421; 26 U.S.C. 5711) the times specified in this subpart and commencing business. shall be made whether or not any (72 Stat. 1422; 26 U.S.C. 5721) § 270.410 Release of pledged securities. operations or transactions occurred Securities of the United States during the period covered by the report. § 270.433 Special. pledged and deposited as provided in A copy of each report shall be retained A special inventory shall be made by § 270.403 shall be released only in by the manufacturer in accordance with the manufacturer of cigarette papers and accordance with the provisions of 31 the provisions of this subpart. tubes when required by any ATF officer. CFR Part 225. Such securities will not (72 Stat. 1422; 26 U.S.C. 5722) be released by the regional director (72 Stat. 1422; 26 U.S.C. 5721) (compliance) until liability under the § 270.423 Opening. § 270.434 Closing. bond for which they were pledged has An opening report, covering the A closing inventory shall be made by been terminated. When the regional period from the date of the opening the manufacturer of cigarette papers and director (compliance) is satisfied that inventory to the end of the month, shall tubes when a change in proprietorship they may be released, the regional be made on or before the 10th day occurs, or when the manufacturer director (compliance) shall fix the date following the end of the month in which changes location of the factory to or dates on which a part or all of such the business was commenced. another region, or concludes business. securities may be released. At any time (72 Stat. 1422; 26 U.S.C. 5722) Where a change in proprietorship prior to the release of such securities, occurs, the closing inventory shall be the regional director (compliance) may § 270.424 Monthly. made as of the day preceding the date extend the date of release for such of the opening inventory of the A report for each calendar month additional length of time as is deemed successor. necessary. shall be made on or before the 20th day (72 Stat. 1422; 26 U.S.C. 5721) (61 Stat. 650, 72 Stat. 1421; 31 U.S.C. 9301, of the next succeeding month. 9303; 26 U.S.C. 5711) (72 Stat. 1422; 26 U.S.C. 5722) Document Retention Operations By Manufacturers § 270.425 Special. § 270.435 General. Records A special report, covering the All records and reports required to be kept or maintained under this subpart, § 270.421 General. unreported period to the day preceding the date of any special inventory including copies of authorizations, Every manufacturer of cigarette required by an ATF officer, shall be inventories, reports, returns, and claims papers and tubes shall keep records of made with such inventory. Another filed with verified supporting the daily operations and transactions, report, covering the period from the date schedules, shall be retained by the which shall reflect the date and number of the special inventory to the end of the manufacturer for three years following of books or sets of cigarette papers of month, shall be made on or before the the close of the calendar year in which each different numerical content and 14th day following the end of the month filed or made, or in the case of an the date and number of cigarette tubes: in which the inventory was made. authorization, for three years following (a) Manufactured; the close of the calendar year in which (b) Received, without payment of tax (72 Stat. 1422; 26 U.S.C. 5722) the operation under such authorization from another factory, an export § 270.426 Closing. is concluded. Such records shall be warehouse, customs custody, or by made available for inspection by any withdrawal from the market; A closing report, covering the period ATF officer upon request. (c) Removed subject to tax; from the first of the month to the date (72 Stat. 1423; 26 U.S.C. 5741) (d) Removed, without payment of tax, of the closing inventory, shall be made for export purposes, use of the transfer with such inventory. Packages in bond pursuant to § 270.451; or (72 Stat. 1422; 26 U.S.C. 5722) (e) Lost or destroyed. § 270.441 General. The entries for each day in the records Inventories All cigarette papers and tubes shall, maintained or kept under this subpart before removal subject to tax, be put up will be considered timely if made by the § 270.431 General. by the manufacturer in packages which close of the business day following that Every manufacturer of cigarette shall be of such construction as will on which the operations or transactions papers and tubes shall provide a true securely contain the papers or tubes occur. No particular form of records is and accurate inventory, on ATF Form therein. No package of cigarette papers prescribed, but the information required 2132 (5230.2), to the regional director or tubes shall have contained therein, shall be readily ascertainable from the (compliance), of the number of books or attached thereto, or stamped, marked, records kept. sets of cigarette papers of each different written, or printed thereon: (72 Stat. 1423; 26 U.S.C. 5741) numerical content and the number of (a) Any certificate, coupon, or other cigarette tubes held at the times device purporting to be or to represent Reports specified in this subpart. Such a ticket, chance, share, or an interest in, § 270.422 General. inventory shall be subject to verification or dependent on, the event of a lottery, Every manufacturer of cigarette by an ATF officer. A copy of each (b) Any indecent or immoral picture, papers and tubes shall make a report, on inventory shall be retained by the print, or representation, or ATF Form 2138 (5230.3), to the regional manufacturer in accordance with this (c) Any statement or indication that director (compliance), of the number of subpart. United States tax has been paid. books or sets of cigarette papers of each (72 Stat. 1422; 26 U.S.C. 5721) (72 Stat. 1422; 26 U.S.C. 5723) 54094 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations

Miscellaneous Operations Claims By Manufacturers director (compliance) a copy of ATF Form 2635 (5620.8) will be returned to General § 270.451 Transfer in bond. the manufacturer as notice of such A manufacturer of cigarette papers § 270.471 Abatement. action. This copy of ATF Form 2635 and tubes may transfer such papers and A claim for abatement of the unpaid (5620.8), with the copy of any verified tubes, under bond, without payment of portion of the assessment of any tax on supporting schedules, shall be retained tax, to the bonded premises of any cigarette papers and tubes, or any by the manufacturer. When such manufacturer of cigarette papers and liability in respect thereof, may be notification of allowance of the claim or tubes, or to the bonded premises of a allowed to the extent that such any part thereof is received prior to the manufacturer of tobacco products solely assessment is excessive in amount, is time the return covering the tax on the for use in the manufacture of cigarettes. assessed after the expiration of the cigarette papers or tubes to which the The transfer of cigarette papers and applicable period of limitation, or is claim relates is to be filed, the tubes, without payment of tax, to the erroneously or illegally assessed. Any manufacturer may make an adjusting bonded premises of an export claim under this section shall be entry and explanatory statement in that warehouse proprietor shall be in prepared on ATF Form 2635 (5620.8), in tax return. Where the notice of accordance with the provisions of part duplicate, and shall set forth the allowance is received after the filing of 290 of this chapter. particulars under which the claim is the return and taxpayment of the cigarette papers or tubes to which the (72 Stat. 1418, as amended; 26 U.S.C. 5704) filed. The original of the claim, accompanied by such evidence as is claim relates, the manufacturer may § 270.452 Release from customs custody. necessary to establish to the satisfaction make an adjusting entry and of the regional director (compliance) explanatory statement in the next tax Cigarette papers and tubes which that the claim is valid, shall be filed return(s) to the extent necessary to take were made in the United States, with the regional director (compliance) credit in the amount of the allowance. exported, and subsequently returned to for the region in which the tax or the United States, may be removed from (72 Stat. 1419, as amended, 26 U.S.C. 5705) liability was assessed. customs custody for transfer to the § 270.473 Credit or refund. premises of a manufacturer without (68A Stat. 792, 6404) The taxes paid on cigarette papers and payment of the internal revenue tax, § 270.472 Allowance. tubes may be credited or refunded upon compliance with part 275 of this Relief from the payment of tax on (without interest) to a manufacturer on chapter. cigarette papers and tubes may be proof satisfactory to the regional (72 Stat. 1418; 26 U.S.C. 5704) extended to a manufacturer by director (compliance) that the claimant allowance of the tax where the cigarette manufacturer paid the tax on cigarette § 270.453 Use of the United States. papers and tubes, after removal from the papers and tubes lost (otherwise than by A manufacturer of cigarette papers factory upon determination of tax and theft) or destroyed, by fire, casualty, or and tubes may remove cigarette papers prior to the payment of such tax, are lost act of God, while in the possession or and tubes covered under bond, without (otherwise than by theft) or destroyed by ownership of such manufacturer, or payment of tax, for use of the United fire, casualty, or act of God, while in the withdrawn by the manufacturer from States. Such removal shall be in possession or ownership of the the market. Any claim for credit or accordance with the provisions of part manufacturer who removed such refund under this section shall be 295 of this chapter. articles, or are withdrawn by the prepared on ATF Form 2635 (5620.8), in (72 Stat. 1418; 26 U.S.C. 5704) manufacturer from the market. Any duplicate. Claims shall include a claim for allowance under this section statement that the tax imposed on § 270.454 Removal for export purposes. shall be filed on ATF Form 2635 cigarette papers and tubes by 26 U.S.C. (5620.8) with the regional director 7652 or Chapter 52, was paid in respect The removal of cigarette papers and (compliance) for the region in which the to the cigarette papers or tubes covered tubes, without payment of tax, for articles were removed, shall be executed by the claim, and that the articles were shipment to a foreign country, Puerto under penalties and perjury and shall lost, destroyed, or withdrawn from the Rico, the Virgin Islands, or a possession show the date the cigarette papers and market within 6 months preceding the of the United States, or for consumption tubes were removed from the factory. A date the claim is filed. A claim for credit beyond the jurisdiction of the internal claim relating to articles lost or or refund relating to articles lost or revenue laws of the United States, shall destroyed shall be supported as destroyed shall be supported as be in accordance with the provisions of prescribed in § 270.475. In the case of a prescribed in § 270.475, and a claim part 290 of this chapter. claim relating to cigarette papers or relating to articles withdrawn from the (72 Stat. 1418; 26 U.S.C. 5704) tubes withdrawn from the market the market shall be accompanied by a schedule prescribed in § 270.476 shall schedule prepared and verified as Permanent Discontinuance of Business be filed with the regional director prescribed in §§ 270.476, and 270.477. § 270.461 Discontinuance of operations. (compliance) for the region in which the The original and one copy of ATF Form articles are assembled. The 2635 (5620.8), shall be filed with the Every manufacturer of cigarette manufacturer may not anticipate regional director (compliance) for the papers and tubes who desires to allowance of a claim by making the region in which the tax was paid, or discontinue operations and close out a adjusting entry in a tax return pending where the tax was paid in more than factory shall dispose of all cigarette consideration and action on the claim. one region with the regional director papers and tubes on hand, in Cigarette papers and tubes to which (compliance) for any one of the regions accordance with this subpart, and make such a claim relates must be shown as in which the tax was paid. Upon action a closing inventory and closing report, removed on determination of tax in the by the regional director (compliance) on in accordance with the provisions of return covering the period during which a claim for credit, a copy of ATF Form §§ 270.434 and 270.426, respectively. such articles were so removed. Upon 2635 (5620.8) will be returned to the (72 Stat. 1422; 26 U.S.C. 5721, 5722) action on the claim by the regional manufacturer as notification of Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54095 allowance or disallowance of the claim of the regional director (compliance) connection with a claim for allowance, or any part thereof. This copy, with the that the claim is valid. the officer shall return one copy of the copy of any verified supporting (72 Stat. 1419; 26 U.S.C. 5705) schedule to the manufacturer for the schedules, shall be retained by the record, and in connection with a claim manufacturer. When the manufacturer is Withdrawn From the Market. for credit or refund, the officer shall notified of allowance of the claim for § 270.476 Action by Claimant. return the original and one copy of the credit or any part thereof, the schedule to the manufacturer, the Where cigarette papers and tubes are manufacturer shall make an adjusting withdrawn from the market and the original of which the manufacturer shall entry and explanatory statement in the manufacturer desires to file claim under attach to the claim filed under next tax return(s) to the extent necessary the provisions of § 270.472 or § 270.473, § 270.473. to take credit in the amount of the the manufacturer shall assemble the (72 Stat. 1419, as amended; 26 U.S.C. 26 allowance. The manufacturer may not U.S.C. 5705) anticipate allowance of a claim by articles in or adjacent to a factory if they taking credit on a tax return prior to are to be retained in or received into Sec. B. The regulations in 27 CFR part consideration and action on such claim. such factory, or at any suitable place if 275 are amended as follows: The duplicate of a claim for refund or they are to be destroyed. The PART 275ÐIMPORTATION OF credit, with a copy of any verified manufacturer shall group the articles supporting schedules, shall be retained according to the rate of tax applicable TOBACCO PRODUCTS AND by the manufacturer. thereto, and shall prepare and submit a CIGARETTE PAPERS AND TUBES schedule of the articles, on ATF Form (72 Stat. 1419, as amended, 26 U.S.C. 5705) 3069 (5200.7) in accordance with the Paragraph 1. The authority citation instructions, on the form. All copies of for part 275 continues to read as § 270.474 Remission. follows: Remission of the tax liability on the schedule shall be forwarded to the cigarette papers and tubes may be regional director (compliance) for the Authority: 26 U.S.C. 5701, 5703–5705, 5708, 5722, 5723, 5741, 5761–5763, 6301, extended to the manufacturer liable for region in which the articles are assembled. 6302, 6313, 6404, 7101, 7212, 7342, 7606, the tax where cigarette papers and tubes 7652; 31 U.S.C. 9301, 9303, 9304, 9306. in bond are lost (other than by theft) or (72 Stat. 1419; 26 U.S.C. 5705) destroyed, by fire, casualty, or act of § 275.63 [Amended] God, while in the possession or § 270.477 Action by regional director (compliance). Par. 2. Section 275.63(a) is amended ownership of such manufacturer. Where by removing ‘‘parts 270 and 285’’ and Upon receipt of a schedule of cigarette cigarette papers and tubes are so lost or adding ‘‘part 270’’. destroyed the manufacturer shall report papers and tubes withdrawn from the promptly such fact, and the market, the regional director § 275.85 [Amended] circumstances, to the regional director (compliance) may assign an ATF officer Par. 3. Section 275.85 concluding text (compliance) for the region in which the to verify the schedule and supervise is amended by removing ‘‘part 270 and factory is located. If the manufacturer disposition of the cigarette papers and part 285’’ and adding ‘‘part 270’’. wishes to be relieved of the tax liability, tubes, or may authorize the Par. 4. Section 275.85a(b) is amended a claim on ATF Form 2635 (5620.8), in manufacturer to dispose of the articles by removing ‘‘part 270 or 285’’ and duplicate, shall also be prepared, setting without supervision by so stating on the adding ‘‘part 270’’. forth the nature, date, place, and extent original and one copy of the schedule of the loss or destruction. The original returned to the manufacturer. § 275.86 [Amended] and one copy of the claim, accompanied (72 Stat. 1419; 26 U.S.C. 5705) Par. 5. Section 275.86 is amended by by such evidence as is necessary to removing ‘‘parts 270 and 285’’ and § 270.478 Disposition of cigarette papers adding ‘‘part 270’’. establish to the satisfaction of the and tubes and schedule. regional director (compliance) that the When so authorized, as evidenced by § 275.115 [Amended] claim is valid, shall be filed with the the regional director’s (compliance) regional director (compliance) for the Par. 6. Section 275.115a (a)(1) and statement on the schedule, the region in which the factory is located. (b)(1) are amended by removing ‘‘parts manufacturer shall dispose of the Upon action on the claim by the 270 and 285’’ and adding ‘‘part 270’’. cigarette papers and tubes as specified regional director (compliance), the copy in the schedule. After the articles are § 275.137 [Amended] of ATF Form 2635 (5620.8) will be disposed of, the manufacturer shall Par. 7. Section 275.137 introductory returned to the manufacturer as notice execute a certificate on both copies of text is amended by removing ‘‘parts 270 of such action, which copy shall be the schedule received from the regional and 285’’ and adding ‘‘part 270’’. retained by the manufacturer. director (compliance), to show the (72 Stat. 1419, as amended, 26 U.S.C. 5707) disposition and the date of disposition § 275.140 [Amended] Par. 8. Section 275.140 is amended by Lost or Destroyed of the articles. In connection with a claim for credit or refund, the removing ‘‘part 285’’ and adding ‘‘part § 270.475 Action by claimant. manufacturer shall attach the original of 270’’. Where cigarette papers and tubes are the schedule to the claim for credit or Sec. C. The regulations in 27 CFR part lost (other than by theft) or destroyed, refund, ATF Form 2635 (5620.8), filed 285 are amended as follows: by fire, casualty, or act of God, and the under § 270.473. When an ATF officer is manufacturer desires to file claim under assigned to verify the schedule and PART 285ÐMANUFACTURE OF the provisions of § 270.472 or § 270.473, supervise disposition of the cigarette CIGARETTE PAPERS AND TUBES the manufacturer shall indicate on the papers and tubes, such officer shall, PART 285Ð[REMOVED AND claim the nature, date, and extent of upon completion of the assignment, RESERVED] such loss or destruction. The claim shall execute a certificate on all copies of the be accompanied by such evidence as schedule to show the disposition and Paragraph 1. Part 285 is removed and necessary to establish to the satisfaction the date of disposition of the articles. In reserved. 54096 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations

Sec. D. The regulations in 27 CFR part reducing the number from two hearing under a period and conditions of 295 are amended as follows: examiners to one hearing examiner. The supervised release before the transferee following correction is made to the final is released from prison. PART 295ÐREMOVAL OF TOBACCO rule published on July 25, 1996 (61 FR DATES: November 18, 1996. Comments PRODUCTS AND CIGARETTE PAPERS 144). must be submitted by December 16, AND TUBES, WITHOUT PAYMENT OF 1. The first sentence of § 2.62(h)(6) in 1996. TAX FOR USE OF THE UNITED the second column on page 38570 ADDRESSES: Send comments to Office of STATES which reads, ‘‘(6) The transferee shall be General Counsel, U.S. Parole notified of the examiner’s Paragraph 1. The authority citation Commission, 5550 Friendship Blvd., recommending findings of fact, and the for part 295 continues to read as Chevy Chase, Maryland 20815. examiner’s recommended determination follows: FOR FURTHER INFORMATION CONTACT: and reasons therefore, at the conclusion Authority: 26 U.S.C. 5703, 5704, 5705, Pamela A. Posch, Office of General at the hearing. * * *’’ is corrected to Counsel, Telephone (301) 492–5959. 5723, 5741, 5751, 5762, 5763, 6313, 7212, read as follows: SUPPLEMENTARY INFORMATION: 7342, 7606, 7805; 44 U.S.C. 3504(h). ‘‘(6) The transferee shall be notified of When the Commission originally established its Par. 2. Section 295.34 is amended by the examiner’s recommended findings procedures for conducting transfer removing the phrase ‘‘or Part 285’’. of fact, and the examiner’s treaty hearings under 18 U.S.C. 4106A, Signed: June 10, 1996. recommended determination and four months from the date of the reasons therefore, at the conclusion of John W. Magaw, prisoner’s arrival in the United States the hearing. * * *’’ Director. appeared to be an adequate time to have Approved: July 29, 1996. * * * * * a postsentence report prepared, the Dated: October 7, 1996. Dennis M. O’Donnell, views of the prisoner’s representative Edward F. Reilly, Jr., Acting Deputy Assistant Secretary submitted, the case reviewed by (Regulatory, Tariff and Trade Enforcement). Chairman, U.S. Parole Commission. Commission staff, and for the prisoner [FR Doc. 96–26305 Filed 10–16–96; 8:45 am] [FR Doc. 96–26656 Filed 10–16–96; 8:45 am] to be given an in-person hearing. A BILLING CODE 4810±31±M BILLING CODE 4410±10±P more realistic time frame would now appear to be six months. For those cases in which foreign court documents need 28 CFR Part 2 DEPARTMENT OF JUSTICE to be translated (a procedure that will increasingly be requested by the Paroling, Recommitting, and Parole Commission Commission) an extended time frame is Supervising Federal Prisoners: a practical necessity. This extension 28 CFR Part 2 Transfer Treaty Prisoners will not prejudice those transferees who AGENCY: United States Parole believe that they are qualified to receive Paroling, Recommitting, and Commission, Department of Justice. an early release date from the Supervising Federal Prisoners: ACTION: Interim rule with request for Commission, because the amended rule Transfer Treaty Cases comments. will set forth the Commission’s current AGENCY: United States Parole procedure permitting the transferee to SUMMARY: The U.S. Parole Commission Commission, Dept. of Justice. waive a hearing in order to be released is amending its regulations to extend the from prison within 60 days. ACTION: Final rule; correction. time within which the Commission A special problem is raised by SUMMARY: The U.S. Parole Commission normally conducts a hearing for a transferees who, through the application is correcting typographical errors in the prisoner who is transferred to the of jail credits and/or service credits from final rule regarding the number of United States to serve a foreign the Bureau of Prisons, are scheduled for hearing examiners required to conduct a sentence. The extension is from four release from prison shortly after their hearing for a prisoner transferred to the months to six months. This extension arrival in the United States. For United States pursuant to treaty. The reflects the need for the preparation of example, some nations do not award rule appeared in the Federal Register on postsentence reports supported by credit for jail time, which is awarded by July 25, 1996 (61 FR 144). translations of foreign court documents, the Bureau of Prisons in accordance and for completion of other procedures with U.S. law as soon as the transferee EFFECTIVE DATE: October 17, 1996. (including a thorough prehearing is received into United States custody. FOR FURTHER INFORMATION CONTACT: assessment by Commission staff) prior The Commission has experienced a Pamela Posch, Office of General to conducting a hearing to determine a number of cases wherein a release date Counsel, U.S. Parole Commission, 5550 release date and a period and conditions is established by the Bureau of Prisons Friendship Blvd., Chevy Chase, MD, of supervised release. The Commission that does not permit the Commission 20815. Telephone (301) 492–5959. is also amending its regulations to time to conduct an in-person hearing. SUPPLEMENTARY INFORMATION: On July permit the agency to render a Yet, 18 U.S.C. 4106A requires the 25, 1996, the Parole Commission determination without a hearing in the Commission to establish both a release published a final rule regarding the case of a transferee who is given a date and a period and conditions of procedures followed in cases involving release date by the Bureau of Prisons supervised release. Accordingly, the prisoners who are transferred to the that is less than six months from the Commission is amending its regulation United States pursuant to treaty, to date the transferee enters the United to permit it to render this determination serve a sentence imposed in the States. These are cases in which the without conducting a hearing when the transferring country. Prior to the rule time is too short for the Commission to release date established by the Bureau of change, the Commission’s regulation prepare for, and conduct, an in-person Prisons falls too soon for a hearing to be required that special transferee hearings hearing. The Commission must conducted under normal procedures. be conducted by panels of two hearing nonetheless discharge its statutory Even in cases wherein the transferee’s examiners. The rule was changed by responsibility to place the transferee immediate release is required, the Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54097

Bureau of Prisons will contact the (1) Waivers. The transferee may waive personnel, Surplus Government Parole Commission for an emergency the special transferee hearing on a form property. determination prior to release of the provided for that purpose, and the Accordingly, by the authority of 10 prisoner, and a determination will be Commission may either: (A) set a release U.S.C. 301, 32 CFR chapter I is amended entered the same day the prisoner is date that falls within 60 days of receipt as follows: released. Otherwise, a nunc pro tunc of the waiver and establish a period and 1. The heading of subchapter G is order will be entered. conditions of supervised release; or (B) revised to read as follows: In order to avoid minor disputes over reject the waiver and schedule a the period and conditions of supervised hearing. Subchapter GÐClosures and release becoming grounds for an appeal (2) Short-term Cases. In the case of a Realignment to a U.S. Court of Appeals, the amended transferee who has less than six months regulation permits the Commission to from the date of his entry into the PART 90Ð[REDESIGNATED AS] PART act upon a petition for a more favorable United States to his release date as 174 decision within a 60-day deadline from calculated by the Bureau of Prisons the date the determination is issued. under 18 U.S.C. 4105, the Commission 2. Part 90 is redesignated as part 174 Public comment is expressly invited, may, without conducting a hearing or and added to subchapter G. especially from those who practice awaiting a waiver, set a release date and Dated: October 9, 1996. before the Commission, both in regard a period and conditions of supervised L.M. Bynum, to the specific amendments published release. In such cases, the period of Alternate OSD Federal Register Liaison today, and in regard to any supervised release shall not exceed the Officer, Department of Defense. improvements or modifications in the minimum necessary to satisfy the [FR Doc. 96–26381 Filed 10–16–96; 8:45 am] Commission’s pre-hearing procedures in applicable sentencing guideline (but BILLING CODE 5000±04±M transfer treaty cases that might be may extend to the full-term of the advisable. foreign sentence if such period is shorter than the minimum of applicable Base Closure Communities; Executive Order 12866 and Regulatory sentencing guideline). The transferee Redesignation of Parts Flexibility Statement may petition the Commission for a more The U.S. Parole Commission has favorable decision within 60 days of the 32 CFR Parts 91 and 175 determined that this rule is not a Commission’s determination, and the AGENCY: Department of Defense. significant regulatory action for the Commission may act upon the petition ACTION: purposes of Executive Order 12866, and regardless of whether or not the Final rule. the rule has, accordingly, not been transferee has been released from SUMMARY: This administrative reviewed by the Office of Management prison. amendment is published to redesignate and Budget. The rule will not have a * * * * * regulations on base closure significant economic impact upon a Dated: October 10, 1996. communities in part 91 as part 175, to substantial number of small entities, Edward F. Reilly, Jr., be included under the Closures and within the meaning of the Regulatory Chairman, U.S. Parole Commission. Realignment subchapter. Flexibility Act, 5 U.S.C. 605(b). [FR Doc. 96–26655 Filed 10–16–96; 8:45 am] EFFECTIVE DATE: October 17, 1996. List of Subjects in 28 CFR Part 2 BILLING CODE 4410±01±P FOR FURTHER INFORMATION CONTACT: Administrative practice and L.M. Bynum, 703–697–4111. procedure, probation and parole, SUPPLEMENTARY INFORMATION: prisoners. DEPARTMENT OF DEFENSE List of Subjects in 32 CFR Parts 91 and The Interim Rule Office of the Secretary 175 Accordingly, the U.S. Parole 32 CFR Parts 90 and 174 Community development, Commission makes the following Environmental protection, Government changes to 28 CFR Part 2: Revitalizing Base Closure employees, Homeless Military (1) The authority citation for 28 CFR Communities; Redesignation of Parts personnel, Surplus Government Part 2 continues to read as follows: property. Authority: 18 U.S.C. 4203(a)(1) and AGENCY: Department of Defense. 4204(a)(6). ACTION: Final rule. PART 91Ð[REDESIGNATED AS] PART 175 § 2.62 [Amended] SUMMARY: This final rule amends (2) 28 CFR Part 2, § 2.62(e) is revised subchapter G to identify base closure Accordingly, 32 CFR part 91 is to read as follows: and realignment documents and redesignated as part 175, added to redesignates part 90 on revitalizing base subchapter G, and amended as follows: § 2.62 Prisoners transferred pursuant to closure communities as part 174. 1. The authority citation for newly treaty. EFFECTIVE DATE: October 17, 1996. redesignated part 175 continues to read * * * * * as follows: FOR FURTHER INFORMATION CONTACT: L.M. (e) Special Transferee Hearing. A Authority: 10 U.S.C. 2687 note. special transferee hearing shall be Bynum, 703–697–4111. conducted within 180 days from the SUPPLEMENTARY INFORMATION: § 175.1 [Amended] transferee’s entry into the United States, List of Subjects in 32 CFR Parts 90 and 2.–3. Section 175.1 is amended by or as soon as is practicable following revising ‘‘part 90’’ to read ‘‘part 174’’. completion of the postsentence report 174 along with any corrections or addendum Community development, § 175.6 [Amended] to the report and appointment of Environmental protection, Government 4. Section 175.6(b) is amended by counsel for an indigent transferee. employees, Homeless, Military revising ‘‘§ 90.5’’ to read ‘‘§ 174.5’’. 54098 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations

§ 175.7 [Amended] SUPPLEMENTARY INFORMATION: The site to FEDERAL COMMUNICATIONS 5. Section 175.7 is amended in be deleted from the NPL is: Oak Grove COMMISSION paragraph (f)(1) by revising ‘‘91.7(e)’’ to Sanitary Landfill , Minnesota . A Notice read ‘‘175.7(e)’’. of Intent to Delete for this site was 47 CFR Part 22 Dated: October 9, 1996. published in the Federal Register on [DA 96±1574] L.M. Bynum, July 29, 1996, at 61 FR 39383. The closing date for comments on the Notice Public Mobile Services; Non- Alternate OSD Federal Register Liaison Substantive Editorial Revisions Officer, Department of Defense. of Intent to Delete was August 27, 1996. [FR Doc. 96–26415 Filed 10–16–96; 8:45 am] EPA received no comments and AGENCY: Federal Communications BILLING CODE 5000±04±M therefore has not prepared a Commission. Responsiveness Summary. ACTION: Corrections to final rules. The EPA identifies sites which appear SUMMARY: This Order contains non- ENVIRONMENTAL PROTECTION to present a significant risk to public substantive corrections to various final AGENCY health, welfare, or the environment and rules included in Part 22 of the it maintains the NPL as the list of those Commission’s Rules on Public Mobile 40 CFR Part 300 sites. Sites on the NPL may be the Services (47 CFR Part 22). [FRL±5635±2] subject of Hazardous Substance EFFECTIVE DATE: October 17, 1996. Response Trust Fund (Fund-) financed FOR FURTHER INFORMATION CONTACT: Jane National Oil and Hazardous remedial actions. Any site deleted from Hinckley Halprin, Wireless Substances Contingency Plan; the NPL remains eligible for Fund- Telecommunications Bureau, National Priorities List Update financed remedial actions in the Commercial Wireless Division, (202) unlikely event that conditions at the site 418–0620. AGENCY: Environmental Protection Agency. warrant such action. Section SUPPLEMENTARY INFORMATION: 300.425(e)(3) of the NCP states that ACTION: Notice of deletion of the Oak Background Grove Sanitary Landfill, Minnesota from Fund-financed actions may be taken at This Order corrects clerical errors that the National Priorities List (NPL). sites deleted from the NPL in the unlikely event that conditions at the site currently appear in Part 22 of the SUMMARY: The Environmental Protection warrant such action. Deletion of a site Commission’s Rules, 47 CFR Part 22. Agency (EPA) announces the deletion of from the NPL does not affect responsible The affected sections are Section 22.99, the Oak Grove Sanitary Landfill from party liability or impede agency efforts 22.105, 22.317, 22.355, 22.357, 22.369, the National Priorities List (NPL). The to recover costs associated with 22.409, 22.507, 22.621 and 22.509. NPL is Appendix B of 40 CFR part 300 response efforts. Need for Correction which is the National Oil and Hazardous Substances Contingency Plan List of Subjects in 40 CFR Part 300 As published, these final rule contains clerical errors that may prove (NCP), which EPA promulgated Environmental protection, Air pursuant to Section 105 of the to be misleading and are in need of pollution control, Chemicals, Hazardous Comprehensive Environmental clarification. substances, Hazardous Waste, Response, Compensation, and Liability List of Subjects in 47 CFR Part 22 Act of 1980 (CERCLA), as amended. Intergovernmental relations, Penalties, Reporting and record keeping Communications common carriers, EPA and the State of Minnesota have Communications equipment, Radio. determined that all appropriate Fund- requirements, Superfund, Water financed responses under CERCLA have pollution control, Water supply. Correction of Publication been implemented and that no further Dated: September 30, 1996. Part 22 of Chapter I of Title 47 of the cleanup by responsible parties is David A. Ullrich, Code of Federal Regulations is amended appropriate. Moreover, EPA and the Acting Regional Administrator, U.S. EPA, as follows: State of Minnesota have determined that Region 5. remedial actions conducted at the site to PART 22ÐPUBLIC MOBILE SERVICES date remain protective of public health, PART 300Ð[AMENDED] The authority citation for Part 22 welfare, and the environment. continues to read as follows: EFFECTIVE DATE: 1. The authority citation for Part 300 October 17, 1996. Authority: Sections 4, 303, 309 and 332, 48 FOR FURTHER INFORMATION CONTACT: continues to read as follows: Stat. 1066, 1082, as amended, 47 U.S.C. 154, Timothy Prendiville, Remedial Project Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 303, 309 and 332, unless otherwise noted. Manager, Office of Superfund, U.S. 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, § 22.99 [Amended] EPA—Region V, 77 West Jackson Blvd., 1991 Comp.; p.351; E.O. 12580, 52 FR 2923, 2. In § 22.99, in the definition for the Chicago, IL 60604, (312) 886–5122. The 3 CFR, 1987 Comp.; p. 193. comprehensive information on the site term ‘‘Frequency’’, remove the third is available at the local information Appendix BÐ[Amended] occurrence of the word ‘‘of’’. 3. § 22.105 is amended by revising the repository located at: Oak Grove first sentence of the introductory Township Hall, Cedar, MN. and the St. 2. Table 1 of appendix B to part 300 paragraph and Table B–1 to read as Francis Branch of the Anoka Public is amended by removing the Site ‘‘Oak follows: Library, St. Francis, MN. Requests for Grove Sanitary Landfill, Minnesota’’. comprehensive copies of documents [FR Doc. 96–26190 Filed 10–16–96; 8:45 am] § 22.105 Written applications, standard should be directed formally to the forms, microfiche, magnetic disks. Regional Docket Office. Address for the BILLING CODE 6560±50±P Except for authorizations granted Regional Docket Office is Jan under the emergency conditions set Pfundheller (H–7J), U.S. EPA, Region V, forth in section 308 of the 77 W. Jackson Blvd., Chicago, IL 60604, Communications Act of 1934, as (312) 353–5821. amended (47 U.S.C. 308), the FCC may Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54099 grant authorizations only upon written TABLE B±1.ÐSTANDARD FORMS FOR § 22.317 [Amended] application (FCC Form 600) received by THE PUBLIC MOBILE SERVICESÐ 4. In § 22.317, remove the words it. * * * Continued ‘‘Mobile Services Division, Common Carrier Bureau’’, and add, in their place, TABLE B±1.ÐSTANDARD FORMS FOR Purpose of filing Form Title of form the words ‘‘Commercial Wireless THE PUBLIC MOBILE SERVICES No. Division, Wireless Telecommunications Notification of 489 Notification of Bureau’’. Purpose of filing Form Title of form No. completion of Commence- 5. § 22.355 is revised to read as construction. ment of Serv- follows: Application for 405 Application for Notification of ice or of Addi- renewal of au- Renewal of minor modi- tional or Modi- § 22.355 Frequency tolerance. thorization. Station Li- fication of sta- fied Facilities. cense. tion. Except as otherwise provided in this Application for 409 Application for Application for 490 Application for part, the carrier frequency of each airborne mo- Airborne Mo- assignment of Assignment of transmitter in the Public Mobile bile authoriza- bile Radio- authorization. Authorization Services must be maintained within the tion. telephone Au- Application for or Consent to thorization. consent to Transfer of tolerances given in Table C–1 of this Application for 430 Licensee Quali- transfer of Control of Li- section. assignment of fication Re- control. censee. authorization. port. Application for 600 Application for Transmittal for 464 Transmittal new or modi- Mobile Radio Phase I cel- Sheet for Cel- fied station. Service Au- lular applica- lular Applica- Major amend- thorization. tion. tions for ment to pend- Unserved ing application. Areas. Application for Transmittal for 464±A Transmittal partial assign- Phase II cel- Sheet for ment of au- lular applica- Phase 2 Cel- thorization. tion. lular Applica- tions for Unserved * * * * * Areas.

TABLE C±1.ÐFREQUENCY TOLERANCE FOR TRANSMITTERS IN THE PUBLIC MOBILE SERVICES

Mobile >3 Mobile Frequency range (MHz) Base, fixed watts <=3 watts (ppm) (ppm) (ppm)

25 to 50 ...... 20.0 20.0 50.0 50 to 450 ...... 5.0 5.0 50.0 450 to 512 ...... 2.5 5.0 5.0 821 to 896 ...... 1.5 2.5 2.5 928 to 929 ...... 5.0 n/a n/a 929 to 960 ...... 1.5 n/a n/a 2110 to 2220 ...... 10.0 n/a n/a

6. Section 22.357 is revised to read as § 22.507 [Amended] Federal Communications Commission follows: 9. Section 22.507 is amended by Michele C. Farquhar, Chief, Wireless Telecommunications Bureau. § 22.357 Emission types. removing the Note. [FR Doc. 96–26431 Filed 10–16–96; 8:45 am] Any authorized station in the Public § 22.621 [Amended] BILLING CODE 6712±01±P Mobile Services may transmit any 10. In § 22.621, the introductory emission type provided that the resulting emission complies with the paragraph is amended by removing, 47 CFR Part 51 appropriate emission mask. See under the heading ‘‘(12.5 kHz bandwidth)’’, in the second row of the [CC Docket Nos. 96±98 and 95±185; FCC §§ 22.359, 22.861 and 22.917. 96±378] second column, the entry for § 22.369 [Amended] ‘‘959.85625’’ and adding, in its place, Implementation of the 7. In § 22.369, paragraph (c)(2), the entry ‘‘959.86875’’. Telecommunications Act of 1996 ² remove the symbol ‘‘ ’’ and add, in its § 22.509 [Amended] AGENCY: Federal Communications place, the Greek letter ‘‘π’’. 11. In § 22.509, paragraph (c), remove Commission. § 22.409 [Amended] the words ‘‘See § 22.13(c)(4)(ii)’’ and ACTION: Final rule; Denial of petitions for stay of rules. 8. In § 22.409, paragraph (h)(2), add, in their place, the words ‘‘See remove the words ‘‘paragraph (e)’’ and § 22.131(c)(4)(ii).’’ SUMMARY: The Federal Communications add, in their place, the words Commission here denies two petitions ‘‘paragraph (f)’’. seeking a stay of the rules contained in 54100 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations the Commission’s First Report and uncompensated taking in violation of are unlikely to prevail on the merits of Order implementing the the Fifth Amendment to the United their claims; that movants will suffer no Telecommunications Act of 1996. The States Constitution. GTE and SNET also irreparable harm if a stay is not granted; Commission concluded that petitioners maintain that the Commission has that grant of a stay will harm third failed to meet the legal criteria required established default pricing proxies that parties; and that the public interest does to obtain a stay of the rules. Denial of are inconsistent with the 1996 Act and not favor the grant of a stay. the cost study methodology the the petitions seeking a stay of the rules III. Discussion allows the implementation of the Commission adopted for use by state Telecommunications Act of 1996 to commissions. In addition, GTE and 7. Petitioners’ motions do not justify proceed without delay. SNET assert that the ability of relief under the four-part test for evaluating requests for interim relief. EFFECTIVE DATE: September 16, 1996. competitors to ‘‘reassemble’’ unbundled network elements nullifies the resale That test requires proponents of a stay FOR FURTHER INFORMATION CONTACT: to demonstrate: (1) That they are likely David A. Konuch, 202–418–0199. and exchange access provisions of the 1996 Act. Finally, GTE and SNET argue to prevail on the merits; (2) that they SUPPLEMENTARY INFORMATION: that the First Report and Order will suffer irreparable harm if a stay is Adopted: September 16, 1996 establishes a number of specific not granted; (3) that other interested Released: September 17, 1996 requirements with regard to resale and parties will not be harmed if the stay is I. Introduction exchange access charges that conflict granted; and (4) that the public interest with express terms of the 1996 Act. favors the grant of a stay. See Wisconsin 1. On August 1, 1996, the Commission 4. GTE and SNET contend that they Gas Co. v. FERC, 758 F.2d 669, 673–74 adopted rules implementing the local will suffer irreparable harm in the (D.C. Cir. 1985); Washington competition provisions of the absence of a stay because the Metropolitan Area Transit Authority v. Telecommunications Act of 1996 (1996 Commission’s rules will stifle the Holiday Tours, Inc., 559 F.2d 841, 843– Act). Implementation of the Local negotiation process and will require 43 (D.C. Cir. 1977); Virginia Petroleum Competition Provisions in the incumbent LECs to offer unbundled Jobbers Ass’n v. FPC, 259 F.2d 921, 925 Telecommunications Act of 1996, CC elements or services to competitors at (D.C. Cir. 1958). As discussed below, we Docket No. 96–98, First Report and below-cost prices. GTE and SNET argue do not believe that petitioners have Order, FCC 96–325 (released August 8, that a stay will cause no harm to others satisfied any, much less all, of these 1996), 61 FR 45476 (August 29, 1996) because private negotiations and state- requirements. (First Report and Order). On August 28, supervised arbitrations can proceed in A. Irreparable Harm 1996, GTE Corporation (GTE) and the the absence of Commission rules. GTE Southern New England Telephone and SNET also assert that the public 8. A concrete showing of irreparable Company (SNET) filed a joint motion for interest favors a stay because of the harm is an essential factor in any stay of the Commission’s rules pending disruption to business plans that would request for a stay. ‘‘ ‘The key word’ ’’ in judicial review. Oppositions to the joint result if the Court of Appeals reverses an analysis of irreparable harm is motion for stay were filed by the United the First Report and Order and the ‘‘ ‘irreparable.’ ’’ ‘‘[E]conomic loss does States Department of Justice and 16 Commission subsequently modifies its not, in and of itself, constitute private parties. On September 6, 1996, rules. irreparable harm.’’ Also, because after we received these oppositions, U S 5. U S West agrees with SNET and competitive harm is merely a type of West, Inc. (‘‘U S West’’) filed a stay GTE’s arguments, but additionally economic loss, ‘‘revenues and customers petition similar to that filed by GTE and claims that our default proxy prices, lost to competition which can be SNET. The Competitive along with our misinterpretation of 47 regained through competition are not Telecommunications Association and U.S.C. 252(i), the 1996 Act’s ‘‘most irreparable.’’ Moreover, even if the ALTS filed oppositions to U S West’s favored nation’’ provision, will alleged harm is not fully remediable, the petition. impermissibly ‘‘dictate’’ the result of irreparable harm factor is not satisfied 2. For the reasons set forth below, we negotiations, as a practical matter. absent a demonstration that the harm is deny the motions for stay. Section 252(i) of the 1996 Act provides ‘‘both certain and great; * * * actual that a ‘‘local exchange carrier shall make and not theoretical.’’ ‘‘Bare allegations II. Summary of the Motions and available any interconnection, service, of what is likely to occur are of no Oppositions or network element provided under an value’’ under this factor, because we 3. GTE and SNET assert that a petition agreement approved under [section 252] ‘‘must decide whether the harm will in for review of the Commission’s First to which it is a party to any other fact occur.’’ Petitioners’ three different Report and Order is likely to succeed on requesting telecommunications carrier claims of harm absent a stay do not the merits because the Commission has upon the same terms and conditions as satisfy these exacting standards. exceeded its statutory authority and has those provided in the agreement.’’ 47 9. First, GTE and SNET argue acted arbitrarily and capriciously in U.S.C. 252(i). Section 252(i) is known as specifically that they are harmed by our implementing provisions of the 1996 the 1996 Act’s ‘‘most favored nation’’ interpretation of the ‘‘just and Act. In particular, GTE and SNET provision, because it enables carriers to reasonable’’ standard of 47 U.S.C. 251(c) contend that the Commission lacks obtain any interconnection, service, or (2) and (3) for the pricing of authority to establish national pricing network element on terms as favorable interconnection and unbundled network standards for interconnection and as those contained in any state- elements. They complain, in particular, unbundled network elements. GTE and commission-approved interconnection that the pricing methodology adopted in SNET argue that, even if the agreement. the First Report and Order Commission has such authority, the 6. In general, parties opposing grant of unconstitutionally prevents them from pricing standards in the First Report and the stay motion contend that GTE’s and recovering the joint and common costs Order would force incumbent LECs to SNET’s motion does not satisfy the four (hereinafter collectively referred to as offer interconnection, unbundled factors that we must consider in ‘‘common costs’’), and the historical network elements, and resold services at deciding whether to stay one of our ‘‘embedded’’ costs of such offerings to below-cost rates, allegedly effecting an orders. These parties contend movants competing carriers. The First Report and Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54101

Order generally uses the term ‘‘common lower than historical embedded costs.’’ to arbitrate the terms of such agreements costs’’ to refer to both joint and common Thus, the claimed loss of revenues— if voluntary negotiations fail. Quite costs. Such ‘‘below-cost’’ pricing of which does not present a question of apart from the fact that the statute section 251 offerings, they claim, will constitutional deprivation in any directs the Commission to adopt result in unrecoverable lost revenues, event—is premature because the actual implementing rules in 47 U.S.C. customers, and goodwill, particularly if revenues that GTE and SNET will 251(d)(1), these allegations of harm also state regulators do not allow them to receive will not be known until are too speculative to justify injunctive ‘‘rebalance’’ (raise) rates for certain completion of the voluntary relief. Section 251(d)(1) provides that, retail services that allegedly have been negotiations and state arbitration ‘‘[w]ithin 6 months after the date of subsidized in the past by the pricing proceedings that will actually set enactment of the Telecommunications regime that the section 251 offerings interconnection and unbundled element Act of 1996, the Commission shall will erode. prices. We expressly stated in the First complete all actions necessary to 10. These claims mischaracterize the Report and Order that ‘‘[i]ncumbent establish regulations to implement the First Report and Order. Contrary to LECs may seek relief from the requirements of this section.’’ We also GTE’s and SNET’s assertions, our Commission’s pricing methodology if note that section 253(a) provides that pricing methodology does not require they provide specific information to ‘‘[n]o State or local statute or regulation, ‘‘below-cost’’ pricing. On the contrary, it show that the pricing methodology, as or other State or local legal requirement, affirmatively provides for the recovery applied to them, will result in may prohibit or have the effect of of all the economic costs of providing confiscatory rates.’’ Moreover, as DOJ prohibiting the ability of any entity to interconnection and unbundled network correctly notes in its Opposition at page provide any interstate or intrastate elements, and includes a reasonable 3, the Commission possesses discretion telecommunications service.’’ Further, profit. We refer to the general pricing in ratemaking matters, so long as the section 253(d) provides that ‘‘[i]f, after methodology we adopted as Total rates that result are just. See, e.g., notice and an opportunity for public Element Long Run Incremental Cost or Duquesne Light Co. v. Barasch, 488 U.S. comment, the Commission determines ‘‘TELRIC’’. As we explained, economic 299 (1989) (in which the Court rejected that a State or local government has costs are forward-looking costs or, in a takings claim where a utility was permitted or imposed any statute, other words, the costs that an efficient denied recovery of a $34 million capital regulation, or legal requirement that provider would incur to provide the investment, prudent and reasonable violates subsection (a) or (b) [relating to service or facility. We also specifically when made, because the financial the states’ ability to take certain provided that unbundled element prices integrity of the company was not actions], the Commission shall preempt shall include a ‘‘normal profit.’’ In jeopardized). Speculation about the enforcement of such statute, mischaracterizing our pricing anticipated lost revenues in the future regulation, or legal requirement to the methodology as ‘‘below-cost,’’ GTE and does not approach, at this stage, a extent necessary to correct such SNET must be claiming that historical showing of irreparable harm. violation or inconsistency.’’ Our rules embedded costs are always greater than 12. Second, petitioners contend that clearly do not prohibit voluntary economic costs, and that sections 251 they will be harmed by the application negotiations between incumbent LECs and 252 must be read to entitle them to of the interim default proxy rates that and their potential competitors, as recover historical costs even where the Commission adopted. This argument contemplated in 47 U.S.C. 252(a). those costs exceed economic costs. Both is fatally flawed in that there is no Indeed, they facilitate them. Petitioners assertions are unfounded. Nothing in certainty that those proxies will ever be are free to negotiate agreements with section 251 or 252 creates an applied to petitioners. These proxies other carriers upon any terms they entitlement for GTE, SNET and other were established for use by the states if choose so long as they are not incumbent LECs to assess rates for a state was not able to set prices based discriminatory and are consistent with interconnection and unbundled network on economic cost studies consistent the public interest. Although we fully elements that are designed to recover with our methodology within the expect the existence of our rules to historical costs that exceed economic statutory arbitration periods. If, as these provide a context in which free costs. Economists generally agree that carriers assert, the proxy rates are negotiations can proceed consistent historical embedded costs are not the unreasonably below costs, they have with the pro-competitive purposes of relevant costs in competitive markets, every incentive, and possess the the 1996 Act, petitioners cannot and would, in fact, interfere with the information necessary, to present plausibly suggest in view of the explicit development of efficient competition. credible economic cost studies to the mandate of 47 U.S.C. 251(d)(1) that they Moreover, GTE and SNET are simply relevant state commissions to allow the have a cognizable right to negotiate wrong in claiming that the state commissions to set prices for without any rules adopted by the FCC. Commission’s pricing methodology interconnection and unbundled network 14. We also conclude that petitioners denies them an opportunity to recover elements that are based on actual cost have not demonstrated that the FCC’s common costs. We stated clearly in the studies, rather than by proxies. Their decision to interpret the just and First Report and Order that ‘‘for the claims of harm thus lack the requisite reasonable rate standard would aggregate of all unbundled elements, certainty and concreteness for a stay. necessarily harm them, as compared incumbent LECs must be given a Further, as discussed below, the with a decision to allow states reasonable opportunity to recover their carriers’ challenges to those proxies independently to interpret that standard forward-looking common costs mischaracterize the Commission’s in arbitration proceedings. To the extent attributable to operating the wholesale action and are unfounded on the merits. that states might adopt different network.’’ 13. Third, petitioners argue that the standards absent any FCC guidance, 11. Even accepting GTE’s and SNET’s Commission’s rules unreasonably such standards could conceivably be reliance on historical costs, their constrain both their ability to negotiate either more or less favorable to contention that the First Report and the terms of voluntary agreements with incumbent local exchange carriers. Order requires below-cost pricing is other telecommunications carriers that 15. Finally, it is a meaningful speculative. In any given instance, request interconnection or unbundled response to all of the harms that forward-looking costs ‘‘may be higher or network elements, and the states’ ability petitioners allege that nothing in the 54102 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations

First Report and Order prevents ‘‘progress toward competition will be ‘‘checklist’’ of requirements that a BOC incumbent local exchange carriers from gravely impaired’’ in the absence of a must meet as part of the authorization taking steps substantially to protect stay because the Commission’s rules process. themselves by seeking to insert into will give potential competitors false 20. As to any necessary corrections their voluntary agreements provisos that signals that may ‘‘encourage entry by after the fact, we believe that agreements permit reformation of the terms of those companies that would not normally and arbitrations can take account of this agreements in the event that the order enter if they had known the true costs possibility. As noted above (paragraph is overturned or modified pursuant to involved.’’ GTE and SNET claim that 15), agreements and arbitrations could judicial review. Similarly, nothing in this means that a stay is necessary to include provisos calling for revisions if the order prevents states, in arbitrating protect the public from such the Commission’s rules should be struck such agreements, from imposing such ‘‘uneconomic entry’’ and from the down. The joint motion acknowledges provisos. disruptions that would attend corrective that the agreements can be revised after the fact if the Commission’s rules are B. Harm to Others actions if the Commission’s rules were overturned. U S West additionally upheld after a stay is granted; its 16. Petitioners also have not proved claims that the public interest will be assertion that such revisions would not that a grant of their motions would not harmed because the Commission’s rules work if a stay is denied and the rules harm others. As discussed more fully and ‘‘inflexible prices’’ will ‘‘prevent later are struck down is implausible and below (paras. 28–31), the ‘‘stay’’ they carriers from negotiating unexplained. seek would not simply maintain the interconnection agreements with each 21. We further reject U S West’s status quo, but rather would have a other on terms that are more argument that our rules will harm the significant impact on whether potential advantageous than the defaults.’’ public interest by providing carriers new competitors currently involved in with insufficient flexibility to negotiate negotiations and state arbitration 19. Contrary to GTE’s and SNET’s agreements. For the reasons set out in proceedings choose to enter local argument that a stay is needed to avoid this Order and in the First Report and exchange and exchange access markets ‘‘entry by companies that would not Order, we believe that our rules provide at this crucial time, and, if so, whether normally enter,’’ a stay might discourage all carriers with a full and fair their entry would be pursuant to entry by some who have every opportunity, pursuant to the statutory standards as interpreted by the reasonable qualification to compete and requirements of the 1996 Act, Commission, or some other standards. would do so under our rules. A stay in voluntarily to negotiate interconnection To the extent that petitioners claim that this crucial initial period for the agreements. the Commission’s interpretations development of local exchange and 22. In summary on this point, the burden them with lost revenues and local access competition would not primary beneficiary of the competitive competitive harm, other interpretations serve the public interest unless our rules policies our rules were designed to allowing them to charge new entrants were virtually certain to be set aside on implement is the public. We conclude higher rates or to impose upon them review and the actions taken on that a stay would disserve the public more restrictive terms likely would interconnection requests in the interest profoundly by eliminating our burden new entrants and, consequently, meantime were irreversible. We believe rules from the process of negotiation retard or even eliminate competitive that our rules correctly carry out the and arbitration at the very most crucial entry. As between incumbent LECs and objectives of Congress in adopting time. section 251. Congress expressly new entrants, the former are more likely D. Likelihood of Success on the Merits to be able to repair the adverse mandated rulemaking by the consequences of any erroneous decision Commission to implement effectively 23. Because of the clear failure of on whether to grant a stay. the new statutory requirements. petitioners to meet the irreparable harm, 17. Moreover, to the extent that Congress also made clear that time was harm to others, and public interest petitioners argue not only that the of the essence, directing us to ‘‘complete requirements for obtaining a stay, we do Commission adopted an erroneous all actions necessary to establish [such] not address specifically in this order all pricing standard, but also that the regulations’’ by August 8, 1996. As their claims that we exceeded our Commission erred by failing to leave the explained more fully below (paras. 30– statutory authority or that we acted standard to individual states, the 31), a stay of our rules would subvert arbitrarily or capriciously. All the carriers are advocating a system that Congress’ plan to have such rules in significant arguments raised by the clearly would cause new entrants place during arbitration proceedings. petitioners were squarely addressed in particular harm and might even Moreover, as we emphasized in the First the First Report and Order. We discourage them from entering these Report and Order, the rules we adopted addressed issues concerning the markets. As we noted in the First Report under section 251 will have a significant Commission’s authority under the 1996 and Order, efficient entry strategies in impact on the implementation of other Act to establish national pricing rules in many cases require entry on a regional, provisions of the 1996 Act. We noted, section II.C. and II.D. of the order. We rather than state-by-state, basis. The for example, that our 251 rules ‘‘will discussed the legal and economic bases removal of national standards could help the states, the DOJ, and the FCC for the establishment of the severely impede, or at least increase the carry out their responsibilities under Commission’s pricing methodology, cost of, such strategies. section 271, and assist BOCs in including the Fifth Amendment takings determining what steps must be taken to issue and the justification for the default C. Public Interest meet the requirements of section proxy ceilings and ranges, in section VII 18. GTE and SNET assert that a stay 271(c)(2)(B), the competitive checklist.’’ of the order. We addressed arguments would serve the public interest because Section 271 establishes the about whether we should permit it would leave interconnection requirements that a BOC must satisfy in competitors to reassemble unbundled negotiations to private parties, and order to receive authorization to provide network elements, including possible arbitrations in the hands of state in-region interLATA effects on the resale provisions of the regulators, where Congress intended telecommunications services. Section 1996 Act and our access charge rules, in them to be. They also contend that 271(c)(2)(B) sets forth a specific sections V.H. and VII.B., respectively. In Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54103 section V.J., we set forth our rationale Colorado, Michigan, Illinois, or Oregon, available to us within the statutory time for including vertical features within the for that matter—does not equal the period for our decision. definition of unbundled local switching; results of the cost studies in those 27. Finally, petitioners’ discussion of and in sections IV.H., V.J., and VII.B., individual states. We concluded that an our proxy prices simply ignores two key we discussed the compensation to average of the six states’ prices characteristics of our proxy rules. First, incumbent LECs for modifications made represented the best estimate of our order makes clear that these proxies to their networks to accommodate forward-looking loop costs available to are interim in nature, and that states interconnection and unbundling. us at that time, and that relying on an utilizing the proxies must replace them Finally, in section XIV.B of the First average of the nationwide relative costs with prices based on the results of Report and Order, we addressed from the Hatfield and BCM models was forward-looking cost studies as they arguments regarding the rights of third the best method for deriving proxy price become available. Second, our rules parties to obtain ‘‘any individual ceilings in individual states. We believe permit incumbent LECs to obtain a price interconnection, service, or network our methodology is reasonable, even higher than the Commission’s proxy element arrangement’’ under section though our proxy ceiling in Florida is ceiling by submitting to a state 252(i). We need not repeat those $13.68 while the Florida Commission commission during an arbitration an discussions in this order. set a $20 per loop price for GTE Florida. economic cost study that demonstrates 24. We will note, however that where We note that the price set by the Florida that the incumbent LEC’s costs do in the GTE and SNET address the merits of Commission for GTE–Florida was itself fact exceed the proxy price. If the the First Report and Order, they often significantly higher than those the forward-looking costs for petitioners are in fact higher than our proxy price mischaracterize and distort the import commission set for BellSouth and of our analysis and conclusions. For ceiling, as applied in an individual United/Centel—the other local instance, our default proxy pricing state, they need only demonstrate that to telephone companies for which the state measures are only interim approaches, the state commission. commission has set unbundled loop setting bounds for unbundled element prices in Florida. We concluded that the E. Special Circumstances of This Case pricing in the absence of state-approved reliability of our foundation estimate forward-looking cost studies. Our 28. In addition to movants’ failure to was enhanced by using an average of the proxies will assist states in the very near satisfy the four-part test for evaluating prices established in all six states for term when, because of time or staff requests for stay, the circumstances of which information was available, rather resource constraints, they may be this specific case particularly militate unable to set prices by conducting or than using just one state or the six states against the grant of their motions. approving forward-looking economic individually. We did not, and could not Ordinarily when we are asked to stay cost studies within the statutory time in the time frame permitted under the the effectiveness of one of our orders or period set for arbitrations. Indeed, the statute, independently verify the rules, the moving party seeks to first set of state arbitrations must be accuracy of the six states’ unbundled maintain the status quo until a completed in early November under the loop prices, many of which also were reviewing authority can sort out the deadlines established in the Act. interim in nature. Instead, we issues and render its decision on the 25. An example of GTE and SNET’s emphasized that each state, in our merits. That is not the case here, as the misguided arguments on the merits is judgment, used a standard that appeared Joint Motion itself recognizes. Under the their criticism of the Commission’s to be reasonably close to the forward- terms of the 1996 Act, many voluntary unbundled loop proxy calculation. In looking economic cost methodology negotiations for private interconnection asserting that the Commission ‘‘might specified in the First Report and Order, agreements and state-supervised just as well have picked the default although perhaps not consistent in arbitrations that are now under way will prices out of a hat,’’ petitioners omit any every detail with our prescribed be completed before the end of the year, mention of the several pages of the order methodology. Finally, we also are because Congress established strict describing how we calculated our loop unpersuaded by GTE and SNET’s timetables to govern the negotiation and proxy figures. As detailed in section assertion that it was a fatal error to rely arbitration process. The question is VII.C. of the First Report and Order, our on the Florida cost studies because the whether those proceedings will reflect proxy ceilings are based on prices set by Florida Commission failed to include the principles established by the six state commissions as their best any ‘‘significant’’ contribution to GTE Commission to implement section 251. estimates of forward-looking costs after Florida’s common costs. It is not clear 29. Petitioners do not seek to preserve analysis of economic cost studies. We on its face that the ‘‘insignificant’’ the status quo, but to overturn then derived price ceilings for contribution to common costs is Congress’s requirement that state individual states throughout the nation inconsistent with our requirement that arbitrators ensure that approved by adjusting the average of the prices in there be a reasonable allocation of interconnection agreements reflect the these six states by the relative loop costs common costs. In addition, the Florida Commission’s regulations implementing in those states, as estimated by the two Commission affirmatively found that section 251. It is doubtful, in these forward-looking economic cost-based their rates were not below GTE Florida’s circumstances, that the ordinary models that received significant costs, and explicitly provided for standards for evaluating stay motions comment by parties during this recovery of a reasonable profit. GTE and should apply because, where the proceeding. To allow a reasonable SNET have not demonstrated that use of objective of the motion is not to margin to enable the proxy ceiling to the Florida Commission prices as part of maintain the status quo, the courts have capture the variation among states’ setting a proxy ceiling for unbundled applied a more demanding standard. forward-looking economic costing loop prices was so unreasonable as to 30. In our view, it is important that prices, we then adjusted the resulting result in a flawed loop proxy the regulations established in the First prices upward by five percent. methodology. In sum, we set default Report and Order not be stayed while 26. Contrary to GTE and SNET’s proxy price ceilings and ranges for use negotiation and arbitration proceedings arguments, it is no surprise, and by state commissions, in the absence of are taking place. As we stated in the certainly not error, that the price ceiling fully approved forward-looking cost First Report and Order, the negotiations for Florida—or for Connecticut, studies, based on the best evidence between incumbent LECs and new 54104 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations entrants are not analogous to traditional stay of our rules would frustrate FOR FURTHER INFORMATION CONTACT: commercial negotiations in which each implementation of the procedure Leslie K. Shapiro, Mass Media Bureau, party owns or controls something the established by Congress. As a matter of (202) 418–2180. other party desires. Under section 251, mathematical certainty, the arbitrations SUPPLEMENTARY INFORMATION: This is a monopoly providers are required to cannot be completed on the timetable synopsis of the Commission’s Report make available their facilities and established by Congress—with the and Order, MM Docket No. 96–44, services to requesting carriers that arbitrators ensuring that the agreements adopted September 20, 1996, and intend to compete directly with the reflect the regulations prescribed by the released September 27, 1996. The full incumbent LECs for their customers Commission, as Congress directed in text of this Commission decision is and, consequently, incumbents have section 252(c)(1)—if the regulations are available for inspection and copying strong incentives to resist such stayed. during normal business hours in the obligations. Our national rules serve the FCC Reference Center (Room 239), 1919 IV. Ordering Clauses critical role of equalizing bargaining M Street, NW., Washington, DC. The power by establishing certain baseline 32. Accordingly, it is ordered that the complete text of this decision may also principles that will ‘‘reduce delay and joint motion for stay filed by GTE be purchased from the Commission’s lower transaction costs’’—burdens that Corporation and the Southern New copy contractor, International we have found ‘‘impose particular England Telephone Company is denied. Transcription Service, Inc., (202) 857– hardships for small entities that are 33. It is further ordered that the 3800, 2100 M Street, NW., Suite 140, likely to have less of a financial cushion motion for stay filed by U S West, Inc., Washington, DC 20037. than larger entities.’’ A stay would is denied. List of Subjects in 47 CFR Part 73 undermine that critical role at a most important time, disproportionately List of Subjects in 47 CFR Part 51 Television broadcasting. harming the competition that the statute Communications common carriers, Part 73 of title 47 of the Code of contemplates from new entrants. Telephone. Federal Regulations is amended as 31. Moreover, Congress made clear Federal Communications Commission. follows: that it wants our rules to be in place at William F. Caton, this critical time. Congress specifically PART 73Ð[AMENDED] ordered the Commission to ‘‘complete Acting Secretary. [FR Doc. 96–26517 Filed 10–16–96; 8:45 am] 1. The authority citation for part 73 all actions necessary to establish continues to read as follows: regulations to implement the BILLING CODE 6712±01±P Authority: Secs. 303, 48 Stat., as amended, requirements’’ of section 251 by August 1082; 47 U.S.C. 154, as amended. 8, 1996. It explained that it is ‘‘important that the Commission rules to 47 CFR Part 73 § 73.606 [Amended] implement new section 251 be 2. Section 73.606(b), the Table of promulgated within six months after the [MM Docket No. 96±44; RM±8745] Television Allotments under Oklahoma, date of enactment, so that potential is amended by adding Channel 35+ at Television Broadcasting Services; competitors will have the benefit of Woodward. Woodward, OK being informed of the Commission’s Federal Communications Commission. rules in requesting access and AGENCY: Federal Communications John A. Karousos, interconnection before the statutory Commission. window in new section 271(c)(1)(B) Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. shuts.’’ Section 271(c)(1)(B) authorizes a ACTION: Final rule. Bell Operating Company (BOC) to apply [FR Doc. 96–26519 Filed 10–16–96; 8:45 am] for approval to offer in-region SUMMARY: The Commission, at the BILLING CODE 6712±01±F interLATA telecommunications services request of Channel 35 Broadcasters, if it does not receive a request for access allots UHF TV Channel 35+ to and interconnection from a facilities- Woodward, OK, as the community’s DEPARTMENT OF TRANSPORTATION based competitor within seven months second local and first commercial Surface Transportation Board after enactment. In section 252(c)(1), television service. See 61 FR 10978, March 18, 1996. Channel 35+ can be Congress further ordered state 49 CFR Parts 1070 and 1071 arbitrators resolving interconnection allotted to Woodward in compliance disputes and imposing conditions on with the Commission’s minimum [STB Ex Parte No. 557] telecommunications companies to distance separation requirements Removal of Obsolete Regulations ‘‘ensure that such resolution and without the imposition of a site Concerning Water Carriers conditions meet the requirements of restriction, at coordinates 36–26–12 NL; section 251, including the regulations 99–23–26 WL. This allotment is not AGENCY: Surface Transportation Board, prescribed by the Commission.’’ Under affected by the Commission’s temporary Transportation. freeze on new television allotments in the statute, those state arbitrators must ACTION: Final rule. ‘‘conclude the resolution of any certain metropolitan areas. See Order, unresolved issues not later than 9 52 FR 28346, July 29, 1987. With this SUMMARY: The Surface Transportation months after the date on which the local action, this proceeding is terminated. Board (Board) is removing from the exchange carrier received the DATES: Effective November 12, 1996. Code of Federal Regulations obsolete [interconnection] request.’’ Because The period for filing applications will regulations exempting certain water many LECs requested interconnection open on November 12, 1996. If no carrier operations. shortly after the enactment of the 1996 acceptable applications are filed by EFFECTIVE DATE: October 17, 1996. Act on February 8, 1996 (with the December 13, 1996, there will be no FOR FURTHER INFORMATION CONTACT: consequence that arbitration of such additional opportunity to file Beryl Gordon, (202) 927–5660. [TDD for requests must be completed soon), a applications for this channel allotment. the hearing impaired: (202) 927–5721.] Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54105

SUPPLEMENTARY INFORMATION: Effective Under the ICCTA, residual Code of Federal Regulations is amended January 1, 1996, the ICC Termination jurisdiction is maintained over domestic by removing parts 1070 and 1071. Act of 1995, Public Law 104–88, 109 water carriage ‘‘to ensure that this [FR Doc. 96–26604 Filed 10–16–96; 8:45 am] Stat. 803 (ICCTA), abolished the transportation would not be subjected to Interstate Commerce Commission (ICC) similar regulation under other laws.’’ S. BILLING CODE 4915±00±P and established the Board within the Rep. No. 196, 104th Cong., 1st Sess. 42 Department of Transportation. Section (1995). The general jurisdiction 204(a) of the ICCTA provides that ‘‘[t]he statement of former section 10541(a), DEPARTMENT OF COMMERCE Board shall promptly rescind all with the exception of an introductory National Oceanic and Atmospheric regulations established by the [ICC] that clause that had permitted regulation Administration are based on provisions of law repealed through other laws, is now found in and not substantively reenacted by this new section 13521. Id. There is no 50 CFR Part 648 Act.’’ longer active regulation of domestic water carriage except for rate [Docket No. 961008281±6281±01; I.D. Under the prior law, the ICC had 091896B] general jurisdiction over water carrier reasonableness regulation in the transportation. Former 49 U.S.C. 10541. noncontiguous domestic trade (section RIN 0648±AJ25 The areas the ICC specifically regulated 13701) and tariff filing in the included domestic water carrier noncontiguous domestic trade (section Fisheries of the Northeastern United licensing (former section 10922); rates 13702) with certain exceptions.3 Thus, States; Northeast Multispecies and practices to ensure that they were the ICCTA eliminated both the broader Fishery; Monkfish Exempted Trawl reasonable and nondiscriminatory regulatory provisions of former sections Fishery 10922, 10701, 10761, 10741, 11343, and (former sections 10701 and 10741); AGENCY: National Marine Fisheries 11321 and the general exemptions from tariffs (former section 10761); mergers, Service (NMFS), National Oceanic and those provisions at former sections purchases, and acquisitions (former Atmospheric Administration (NOAA), 10542–44. section 11343); and limitations on the Commerce. common ownership or control by Because the statutory basis (former ACTION: Final rule. railroads of water carriers (former section 10544) for the regulations at 49 section 11321). CFR parts 1070 and 1071 has been SUMMARY: NMFS issues this final rule to The prior law also contained statutory eliminated, we will remove those modify the regulations implementing exemptions to economic regulation of regulations. We emphasize, however, the Northeast Multispecies Fishery water transportation. These exemptions that the removal of these exemptions Management Plan (FMP). This rule pertained to bulk transportation (former does not signify a more active regulatory allows a year-round exempted trawl section 10542); incidental water role regarding water carriage. As noted, fishery for monkfish south of 40°10’ N. transportation (former section 10543); there is no longer active regulation of lat. and east of 72°30’ W. long., allows and certain miscellaneous exemptions domestic water carrier transportation additional bycatch species in the (former section 10544). (except for rate reasonableness and tariff Cultivator Shoal Whiting Fishery, and As relevant here, the ICC promulgated regulation in the noncontiguous adds a prohibition to enhance regulations at 49 CFR parts 1070 and domestic trade). enforcement of the exemptions. The 1071 relating to the miscellaneous Because this action merely reflects, intent of this action is to maximize exemptions provision of former 49 and is required by, the enactment of the fishing opportunities in a manner that is U.S.C. 10544. The regulations at 49 CFR ICCTA and will not have an adverse consistent with the conservation part 1070 pertain to exempt water effect on the interests of any person, this objectives of the FMP. carrier transportation under former action will be made effective on the date EFFECTIVE DATE: October 10, 1996. of publication in the Federal Register. section 10544(a)(1) within New York ADDRESSES: Copies of Amendment 7 to and Philadelphia.1 The regulations at 49 This action will not significantly the FMP, its regulatory impact review CFR part 1071 concern exemptions for affect either the quality of the human (RIR) and the regulatory flexibility water carrier transportation by small environment or the conservation of analysis contained within the RIR, and craft; water carrier transportation of energy resources. its final supplemental environmental passengers between places in the United List of Subjects in 49 CFR Parts 1070 impact statement, are available upon States through foreign ports; water and 1071 request from Christopher Kellogg, contract carrier leasing of vessels to Acting Executive Director, New England private water carriers; and water carrier Water carriers. Fishery Management Council (Council), transportation of property owned by a Decided: October 7, 1996. 5 Broadway, Saugus, MA 01906–1097. person owning substantially all of the By the Board, Chairman Morgan, Vice Copies of the Environmental 2 voting stock of the carrier. Chairman Simmons, and Commissioner Assessment (EA) supporting this action Owen. may be obtained from Dr. Andrew A. 1 The section 1070 regulations were issued Vernon A. Williams, Rosenberg, Regional Administrator, pursuant to section 303(g)(1) of the Interstate NMFS, 1 Blackburn Drive, Gloucester, Commerce Act (the predecessor of former 49 U.S.C. Secretary. 10544(g)(1)) in Determination of the Limits of New MA 01930. York Harbor and Harbors Contiguous Thereto, Ex PARTS 1070±1071Ð[REMOVED] FOR FURTHER INFORMATION CONTACT: E. Parte No. 140, 6 FR 1756 (1941) and Determination Martin Jaffe, Fishery Policy Analyst, of the Limits of Philadelphia Harbor and Harbors For the reasons set forth in the 508–281–9272. Contiguous Thereto, Ex Parte No. 145, 6 FR 3597 preamble and under the authority of 49 (1941). U.S.C. 721(a), title 49, chapter X of the SUPPLEMENTARY INFORMATION: 2 These regulations were issued pursuant to the Regulations implementing Amendment ICC’s authority in former sections 10544(a)(2), 10544(b), 10544(e), and 10544(f)(1), respectively, in 3 The exceptions are for bulk cargo, forest 7 to the FMP became effective on July Exemption of Water Carrier Operations, 4 I.C.C. 2d. products, recycled metal scrap, waste paper, and 1, 1996 (61 FR 27710, May 31, 1996). 699 (1988). paper waste. Section 13702(a)(1). These regulations implemented a 54106 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations comprehensive set of measures to specified in the aforementioned Classification control fishing mortality and rebuild the exemption requests, and any other The Assistant Administrator for primary stocks of regulated relevant factors, the Regional Fisheries, NOAA (AA), finds there is multispecies. Amendment 7 contains a Administrator has determined that the good cause to waive prior notice and bycatch control measure that is applied request for an exempted fishery opportunity for comment under 5 U.S.C. in each of two specific regulated mesh submitted by the Council and the 553(b)(B). Public meetings held by the areas: The Gulf of Maine/Georges Bank request for additional bycatch in the Council to discuss this management Regulated Mesh Area and the Southern Cultivator Shoal Whiting Fishery measure, as well as consultation with New England (SNE) Regulated Mesh submitted by a fisher meet the the Council on any request for Area. A vessel may not fish in these exemption requirements specified in exemption during a public Council areas unless it is fishing under a § 648.80(a)(7) and (b)(4). The other meeting, provided full prior notice and multispecies or scallop days-at-sea requests for monkfish fishery opportunity for public comment to be (DAS) allocation, is fishing with exemptions were determined not to made and considered, making exempted gear, is fishing under the meet the requirements based on the EA, additional opportunity for public handgear or party/charter permit which is available upon request from comment unnecessary. restrictions, or is fishing in an exempted the Regional Administrator. Because this rule relieves a restriction fishery. This rule implements an exempted The procedure for adding, modifying, fishery for trawl vessels using a under 5 U.S.C. 553(d)(1), it is not or deleting fisheries from the list of minimum mesh size of 8 inches (20.3 subject to a delay in effective date. exempted fisheries is found in § 648.80. cm) in the codend, in the portion of the This final rule has been determined to A fishery may be exempted by the SNE Regulated Mesh Area south of be not significant for purposes of E.O. Regional Administrator, Northeast 40°10’ N. lat. Such vessels may retain 12866. Region (Regional Administrator), after monkfish as well as the existing bycatch List of Subjects in 50 CFR Part 648 consultation with the Council, if the species allowed for the SNE Regulated Fisheries, Fishing, Reporting and Regional Administrator determines, Mesh Area (§ 648.80(b)(3)). Vessels recordkeeping requirements. based on available data or information, fishing in this exempted fishery are that the bycatch of regulated species is, subject to net stowage requirements if Dated: October 9, 1996. or can be reduced to, less than 5 percent mesh less than 8 inches (20.3 cm) is on Rolland A. Schmitten, by weight of the total catch and that board and may not possess regulated Assistant Administrator for Fisheries, such exemption will not jeopardize the species. National Marine Fisheries Service. fishing mortality objectives of the FMP. Vessels enrolled in the existing For the reasons set out in the The Regional Administrator is also Cultivator Shoal Whiting Fishery may preamble, 50 CFR part 648 is amended authorized to impose specific gear, area, retain, in addition to the currently as follows: seasonal, or other limitations allowed bycatch species, unlimited appropriate to reduce bycatch of amounts of butterfish and mackerel and PART 648ÐFISHERIES OF THE regulated species. may retain red hake and dogfish, each NORTHEASTERN UNITED STATES The Council submitted a request to in amounts not to exceed 10 percent, by 1. The authority citation for part 648 establish an exempted trawl fishery for weight, of all other species on board. continues to read as follows: monkfish south of 40°10’ N. lat. and The 10 percent limit is based on data requiring 8–inch (20.3 cm) mesh or that indicate that, when landed as Authority: 16 U.S.C. 1801 et seq. larger in the codend. In addition, the bycatch these two species would not 2. In § 648.14, paragraph (a)(43) is Regional Administrator received other result in greater than 5 percent bycatch revised to read as follows: requests for monkfish fishery of regulated multispecies. To ensure exemptions that differed in area or mesh that a directed fishery does not occur for § 648.14 Prohibitions. size but were similar enough to the dogfish and red hake in the Cultivator (a) * * * Council’s request to consider and Shoal Whiting Fishery, and that the (43) Violate any of the provisions of analyze jointly. The data subsequently species are only bycatch, a 10 percent § 648.80(a)(3), (4), (5), (8), (9), (b)(3) or analyzed consisted of available otter limit is imposed. Ten percent is (b)(5), or of any exempted fishery trawl and beam trawl sea sampling, consistent with previous bycatch limits. authorized by the Regional Director. A vessel trip reports, and catch data. A directed fishery for mackerel is violation of any of these paragraphs is Consequently, in the regulatory text, unlikely to occur, as it is impractical a separate violation. references to trawl vessels refer to otter with the gear used in this fishery. A * * * * * trawl and beam trawl vessels. directed fishery for butterfish is unlikely 3. In § 648.80, paragraphs (a)(4)(i)(A) The Regional Administrator has also to occur, because the area is located in and (b)(2)(iii) are revised, and paragraph received and completed the data the northernmost extent of the species’ (b)(5) is added to read as follows: analysis for a request involving the range and, like mackerel, a directed existing Cultivator Shoal Whiting fishery is impractical with the gear § 648.80 Regulated mesh areas and Fishery exemption. The request was required under the program. Hence, no restrictions on gear and methods of fishing. submitted by an individual fisher bycatch limits are necessary for these * * * * * seeking additional bycatch species that species. All four additional bycatch (a) * * * could be retained under the constraints species are allowed under the existing (4) * * * of that program. The Regional time, area, and gear restrictions of the (i) * * * Administrator also consulted with the Cultivator Shoal Whiting Fishery (A) A vessel fishing in the Cultivator Council on this request and found no exemption. Shoal Whiting Fishery Exemption Area opposition to adding the requested Finally, this rule adds a prohibition to under this exemption must have a letter species. the regulations to enhance of authorization issued by the Regional Based on the analysis of the available enforceability, specifically referring to Director on board and may not fish for, data regarding regulated species bycatch the exemptions authorized under possess on board, or land any species of for the gear, area, and time periods § 648.80. fish other than whiting, except for the Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54107 following, with the restrictions noted, as exemption programs, with exempted may not fish for, possess on board, or allowable bycatch species: Longhorn gear (as defined under this part), or land any species of fish other than sculpin; squid; butterfish; mackerel; under the scallop state waters monkfish, except that such vessels may monkfish and monkfish parts, dogfish, exemption specified in § 648.54, or retain and land the bycatch species and and red hake—up to 10 percent each, by under a NE multispecies DAS, are amounts specified in paragraph (b)(3) of weight, of all other species on board; prohibited from fishing in the SNE this section. Vessels fishing under this and American lobster—up to 10 percent regulated mesh area. exemption may not possess regulated by weight of all other species on board * * * * * species unless fishing under the NE or 200 lobsters, whichever is less. (5) SNE Monkfish Fishery Exemption Multispecies DAS program. * * * * * Area. A trawl vessel may fish in the SNE (B) All trawl nets must comply with (b) * * * Monkfish Fishery Exemption Area when a minimum mesh size of 8 inches (20.3 (2) * * * not under a NE multispecies DAS if the cm) square or diamond mesh applied (iii) Other gear and mesh exemptions. vessel complies with the requirements throughout the codend for at least 45 The minimum mesh size for any trawl specified in paragraph (b)(5)(i) of this continuous meshes forward of the net, sink gillnet, Scottish seine, section. The SNE Monkfish Fishery terminus of the net. midwater trawl, or purse seine in use or Exemption Area is defined as the area (C) All nets with a mesh size smaller available for immediate use, as bounded on the north by a line than the minimum mesh size specified described under § 648.23(b), by a vessel extending eastward along 40°10’ N. lat., in paragraph (b)(5)(i)(B) of this section when not fishing under the Northeast and bounded on the west by the eastern must be stowed in accordance with one multispecies DAS program and when boundary of the Mid-Atlantic Regulated of the methods described under fishing in the SNE regulated mesh area Mesh Area. § 648.23(b). is specified under the exemptions set (i) Requirements. (A) A vessel fishing (ii) [Reserved] forth in paragraphs (b)(3), (b)(5), (c), (e), in the SNE Monkfish Fishery Exemption * * * * * (h), and (i) of this section. Vessels that Area under this exemption, when not [FR Doc. 96–26498 Filed 10–10–96; 4:15 pm] are not fishing in one of these fishing under a NE multispecies DAS, BILLING CODE 3510±22±F 54108

Proposed Rules Federal Register Vol. 61, No. 202

Thursday, October 17, 1996

This section of the FEDERAL REGISTER by submitting such written data, views Airport. Due to the low density aircraft contains notices to the public of the proposed or arguments as they may desire. traffic environment at and the proximity issuance of rules and regulations. The Comments that provide the factual basis of the Tampa International Airport to purpose of these notices is to give interested supporting the views and suggestions the Albert-Whitted Airport, the Class D persons an opportunity to participate in the presented are particularly helpful in airspace at the Albert-Whitted Airport rule making prior to the adoption of the final rules. developing reasoned regulatory above 1,500 feet AGL has been decisions on the proposal. Comments delegated to Tampa Approach Control. are specifically invited on the overall Therefore, the height of the Albert- DEPARTMENT OF TRANSPORTATION regulatory, aeronautical, economic, Whitted Airport Class D airspace will be environmental, and energy-related amended from 2,500 feet AGL to 1,500 Federal Aviation Administration aspects of the proposal. feet AGL. Class D airspace designations Communications should identify the are published in Paragraph 5000 of FAA 14 CFR Part 71 airspace docket and be submitted in Order 7400.9D, dated September 4, [Airspace Docket No. 96±ASO±22] triplicate to the address listed above. 1996, and effective September 16, 1996, Commenters wishing the FAA to which are incorporated by reference in Proposed Amendment to Class D acknowledge receipt of their comments 14 CFR 71.1. The Class D airspace Airspace; St. Petersburg Albert- on this notice must submit with those designation listed in this document Whitted Airport, FL comments a self-addressed, stamped would be published subsequently in the postcard on which the following Order. AGENCY: Federal Aviation statement is made: ‘‘Comments to The FAA has determined that this Administration (FAA), DOT. Airspace Docket No. 96–ASO–22.’’ The proposed regulation only involves an ACTION: Notice of proposed rulemaking. postcard will be date/time stamped and established body of technical regulations for which frequent and SUMMARY: This notice proposes to returned to the commenter. All amend Class D surface area airspace at communications received before the routine amendments are necessary to the St. Petersburg, FL, Albert-Whitted specified closing date for comments will keep them operationally current. It, Airport. Due to the low density aircraft be considered before taking action on therefore, (1) is not a ‘‘significant traffic environment at and the proximity the proposed rule. The proposal regulatory action’’ under Executive of the Tampa International Airport to contained in this notice may be changed Order 12866; (2) is not a ‘‘significant the Albert-Whitted Airport, the Class D in light of the comments received. All rule’’ under DOT Regulatory Policies airspace at the Albert-Whitted Airport comments submitted will be available and Procedures (44 FR 11034; February above 1,500 feet AGL has been for examination in the Office of the 26, 1979); and (3) does not warrant delegated to Tampa Approach Control. Assistant Chief Counsel for Southern preparation of a regulatory evaluation as Therefore, the height of the Albert- Region, Room 550, 1701 Columbia the anticipated impact is so minimal. Whitted Airport Class D airspace will be Avenue, College Park, Georgia 30337, Since this is a routine matter that will amended from 2,500 feet AGL to 1,500 both before and after the closing date for only affect air traffic procedures and air feet AGL. comments. A report summarizing each navigation, it is certified that this rule, substantive public contact with FAA when promulgated, will not have a DATES: Comments must be received on personnel concerned with this significant economic impact on a or before December 1, 1996. rulemaking will be filed in the docket. substantial number of small entities ADDRESSES: Send comments on the under the criteria of the Regulatory Availability of NPRMs proposal in triplicate to: Federal Flexibility Act. Aviation Administration, Docket No. Any person may obtain a copy of this List of Subjects in 14 CFR Part 71 96–ASO–22, Manager, Operations Notice of Proposed Rulemaking (NPRM) Branch, ASO–530, P. O. Box 20636, by submitting a request to the Federal Airspace, Incorporation by reference, Atlanta, Georgia 30320. Aviation Administration, Manager, Navigation (Air). The official docket may be examined Operations Branch, ASO–530, Air The Proposed Amendment in the Office of the Assistant Chief Traffic Division, P. O. Box 20636, Counsel for Southern Region, Room 550, Atlanta, Georgia 30320. In consideration of the foregoing, the 1701 Columbia Avenue, College Park, Communications must identify the Federal Aviation Administration Georgia 30337, telephone (404) 305– notice number of this NPRM. Persons proposed to amend 14 CFR Part 71 as 5586. interested in being placed on a mailing follows: FOR FURTHER INFORMATION CONTACT: list for future NPRMs should also PART 71Ð[AMENDED] Benny L. McGlamery, Operations request a copy of Advisory Circular No. Branch, Air Traffic Division, Federal 11–2A which describes the application 1. The authority citation for 14 CFR Aviation Administration, P.O. Box procedure. Part 71 continues to read as follows: 20636, Atlanta, Georgia 30320; telephone (404) 305–5570. The Proposal Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– SUPPLEMENTARY INFORMATION: The FAA is considering an 1963 Comp., p. 389; 14 CFR 11.69. amendment to Part 71 of the Federal Comments Invited Aviation Regulations (14 CFR Part 71) to § 71.1 [Amended] Interested parties are invited to amend Class D surface area airspace at 2. The incorporation by reference in participate in this proposed rulemaking the St. Petersburg, FL, Albert-Whitted 14 CFR 71.1 of Federal Aviation Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules 54109

Administration Order 7400.9D, Airspace conducted for 1996. The BE–20 is a feasible—* * * (4) conduct * ** Designations and Reporting Points, benchmark survey that is intended to benchmark surveys with respect to trade dated September 4, 1996, and effective cover the universe of selected U.S. in services between unaffiliated United September 16, 1996, is amended as services transactions with unaffiliated States persons and foreign persons. follows: foreign persons. In nonbenchmark years, ** *’’ In Section 3 of Executive Order universe estimates of these transactions 11961, as amended by Executive Order Paragraph 5000 Class D airspace. are derived from reported sample data 12518, the President delegated the * * * * * by extrapolating forward the universe authority under the Act as concerns ASO FL D St. Petersburg Albert-Whitted data collected in the BE–20 survey. The international trade in services to the Airport, FL [Revised] data are needed to support U.S. trade Secretary of Commerce, who has St Petersburg, Albert-Whitted Airport, FL policy initiatives on international redelegated it to BEA. (Lat. 27°45′54′′ N, long. 82°37′38′′ W) services and to compile the U.S. balance The BE–20 benchmark survey is MacDill AFB of payments and the national income conducted once every five years. The (Lat. 27°50′57′′, N, long. 82°31′17′′ W and product accounts. next survey will cover 1996; the last That airspace extending upward from the The major change to the BE–20 survey was conducted for 1991. The surface to and including 1,500 feet MSL benchmark survey contained in these survey is intended to cover the universe within a 4-mile radius of the Albert-Whitted proposed rules is to expand its coverage of selected U.S. services transactions Airport; excluding that portion northeast of to obtain data on additional types of with unaffiliated foreign persons. In a line connecting the points of intersection services. Transactions in the following nonbenchmark years, universe estimates with a 4.5-mile radius circle centered on types of services would be covered on of these transactions are derived from Mac Dill AFB; excluding that portion within reported sample data by extrapolating the Tampa International Airport, FL, Class B the BE–20 for the first time: airspace area. This Class D airspace area is Merchanting services (sales only), forward the universe data collected in effective during the days and times financial services by firms that are not the BE–20 benchmark survey. The data established in advance by a Notice to financial services providers (purchases are needed to support U.S. trade policy Airmen. The effective days and times will only), operational leasing services, initiatives on international services; thereafter be continuously published in the selling agent services, and ‘‘other’’ compile the U.S. balance of payments Airport/Facility Directory. private services. ‘‘Other’’ private and national income and product * * * * * services consists of transactions in accounts; develop U.S. international Issued in College Park, Georgia, on October satellite photography, security, price indexes for services; assess U.S. 8, 1996. actuarial, salvage, oil spill and toxic competitiveness in, and promote, Wade T. Carpenter, waste cleanup, language translation, and international trade in services; and Acting Manager, Air Traffic Division, account collection services. improve the ability of U.S. businesses to Southern Region. DATES: Comments on these proposed identify and evaluate market [FR Doc. 96–26664 Filed 10–16–96; 8:45 am] rules will receive consideration if opportunities for services trade. The major change to the BE–20 BILLING CODE 4910±13±M submitted in writing on or before November 18, 1996. benchmark survey contained in these proposed rules is to expand coverage to ADDRESSES: Comments may be mailed to obtain data on additional types of DEPARTMENT OF COMMERCE the Office of the Chief, International services. The expanded coverage will Investment Division (BE–50), Bureau of Bureau of Economic Analysis fill several of the remaining major gaps Economic Analysis, U.S. Department of in Government statistics on Commerce, Washington, DC 20230, or 15 CFR Part 801 international services transactions in hand delivered to Room M–100, 1441 L new, growing, and volatile services [Docket No. 960918263±6263±01] Street, NW., Washington, DC 20005. categories. Transactions in the following Comments will be available for public RIN 0691±AA27 types of services would be covered on inspection in Room 7006, 1441 L Street, the BE–20 for the first time: NW., between 8:30 a.m. and 4:30 p.m., Merchanting services (sales only), International Services Surveys: BE±20 Monday through Friday. Benchmark Survey of Selected financial services by firms that are not FOR FURTHER INFORMATION CONTACT: financial services providers (purchases Services Transactions With R. David Belli, Assistant Chief, Unaffiliated Foreign Persons only), operational leasing services, International Investment Division (BE– selling agent services, and ‘‘other’’ AGENCY: Bureau of Economic Analysis, 50), Bureau of Economic Analysis, U.S. private services. ‘‘Other’’ private Commerce. Department of Commerce, Washington, services consists of transactions in ACTION: Notice of proposed rulemaking. DC 20230; phone (202) 606–9800. satellite photography, security, SUPPLEMENTARY INFORMATION: These actuarial, salvage, oil spill and toxic SUMMARY: This notice sets forth proposed rules amend 15 CFR part 801 waste cleanup, language translation, and proposed rules to amend the reporting by revising § 801.10 to set forth revised account collection services. requirements for the BE–20, Benchmark reporting requirements for the BE–20, Reporting in the BE–20 benchmark Survey of Selected Services Benchmark Survey of Selected Services survey is required from U.S. persons Transactions with Unaffiliated Foreign Transactions with Unaffiliated Foreign with sales to, or purchases from, Persons. Persons. The survey is conducted by the unaffiliated foreign persons in excess of The BE–20 benchmark survey is Bureau of Economic Analysis (BEA), $500,000 in any of the services covered conducted by the Bureau of Economic U.S. Department of Commerce, under during the reporting year. Those Analysis (BEA), U.S. Department of the International Investment and Trade meeting this criterion must supply data Commerce, under the International in Services Survey Act (Pub. L. 94–472, on the amount of their total sales or total Investment and Trade in Services 90 Stat. 2059, 22 U.S.C. 3101–3108, as purchases of each type of service in Survey Act. It is taken once every five amended). Section 3103(a) of the act which their transactions exceeded this years. The last survey was conducted for provides that ‘‘The President shall, to threshold amount. Except for sales of 1991, and the next survey will be the extent he deems necessary and merchanting services, the data also must 54110 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules be disaggregated by country; for sales of Director, Bureau of Economic Analysis survey. Additional rules and regulations merchanting services, data are required (BE–1), U.S. Department of Commerce, for the BE–20 survey are given below. to be reported only for all foreign Washington, DC 20230; and to the More detailed instructions and countries combined. U.S. persons with Office of Management and Budget, descriptions of the individual types of purchases or sales during the reporting O.I.R.A., Paperwork Reduction Project services covered are given on the report year of $500,000 or less in a given type 0608–0058, Washington, DC 20503. form itself. of covered service are asked to provide, (a) The BE–20 survey consists of two Regulatory Flexibility Act on a voluntary basis, estimates only of parts and eight schedules. Part I their total purchases or total sales, as The Assistant General Counsel for requests information needed to appropriate, for the given type of Legislation and Regulation, Department determine whether a report is required service. of Commerce, has certified to the Chief and which schedules apply. Part II To reduce respondent burden, BEA is Counsel for Advocacy, Small Business requests information about the reporting eliminating several questions in the U.S. Administration, under the provisions of entity. Each of the eight schedules reporter identification section of the the Regulatory Flexibility Act (5 U.S.C. covers one or more types of services and survey. Specifically, a requirement to 605(b)), that this proposed rulemaking, is to be completed only if the U.S. disaggregate sales or gross operating if adopted, will not have a significant Reporter has transactions of the type(s) revenues by individual detailed (3-digit) economic impact on a substantial covered by the particular schedule. industry has been eliminated, and only number of small entities. The exemption (b) Who must report. (1) Mandatory a single industry for the consolidated level for the survey excludes most small reporting. A BE–20 report is required enterprise is to be reported. In addition, businesses from mandatory reporting. from each U.S. person who had a question on the respondent’s total Reporting is required only if total sales transactions (either sales or purchases) number of full-time and part-time U.S. or total purchases transactions with in excess of $500,000 with unaffiliated employees at the end of its fiscal year unaffiliated foreign persons in a covered foreign persons in any of the services has been eliminated. type of service exceed $500,000 during listed in paragraph (c) of this section the year. Of those smaller businesses during its fiscal year covered by the Executive Order 12612 that must report, most will tend to have survey. These proposed rules do not contain specialized operations and activities (i) The determination of whether a policies with Federalism implications and will likely report only one type of U.S. person is subject to this mandatory sufficient to warrant preparation of a service; therefore, the burden on them reporting requirement may be Federalism assessment under E.O. should be small. judgmental, that is, based on the 12612. judgment of knowledgeable persons in a List of Subjects in 15 CFR Part 801 company who can identify reportable Executive Order 12866 Balance of payments, Economic transactions on a recall basis, with a These proposed rules have been statistics, Foreign trade, Penalties, reasonable degree of certainty, without determined to be not significant for Reporting and recordkeeping conducting a detailed manual records purposes of E.O. 12866. requirements. search. Because the $500,000 threshold applies separately to sales and Dated: September 16, 1996. Paperwork Reduction Act purchases, the mandatory reporting These proposed rules contain a J. Steven Landefeld, requirement may apply only to sales, collection of information requirement Director, Bureau of Economic Analysis. only to purchases, or to both sales and subject to the Paperwork Reduction Act. For the reasons set forth in the purchases. A request for review of the forms has preamble, BEA proposes to amend 15 (ii) Reporters who file pursuant to this been submitted to the Office of CFR part 801, as follows: mandatory reporting requirement must Management and Budget under section complete Parts I and II of Form BE–20 3504(h) of the Paperwork Reduction PART 801Ð[AMENDED] and all applicable schedules. The total Act. 1. The authority citation for Part 801 amounts of transactions applicable to a Notwithstanding any other provisions continues to read as follows: particular schedule are to be entered in of law, no person is required to respond the appropriate column(s) on line 1 of to, nor shall a person be subject to a Authority: 5 U.S.C. 301, 15 U.S.C. 4908, 22 the schedule. In addition, except for penalty for failure to comply with, a U.S.C. 3101–3108, and E.O. 11961 (3 CFR, 1997 Comp., p. 86) as amended by E.O. sales of merchanting services, these collection of information subject to the 12013 (3 CFR, 1977 Comp., p. 147), E.O. amounts must be distributed below line requirements of the Paperwork 12318 (3 CFR, 1981 Comp., p. 173), and E.O. 1 to the country(ies) involved in the Reduction Act unless that collection 12518 (3 CFR, 1985 Comp., p. 348). transaction(s). For sales of merchanting displays a currently valid OMB Control 2. Section 801.10 is revised to read as services, the data by individual foreign Number: such a Control Number (0608– follows: Country are not required to be reported, 0058) has been displayed. although these data may be reported Public reporting burden for this § 801.10 Rules and regulations for the BE± voluntarily. collection of information is estimated to 20, Benchmark Survey of Selected Services (iii) Application of the $500,000 vary from 4 to 500 hours, with an Transactions with Unaffiliated Foreign exemption level to each covered service overall average burden of 12 hours. This Persons. is indicated on the schedule for that includes time for reviewing the The BE–20, Benchmark Survey of particular service. It should be noted instructions, searching existing data Selected Services Transactions with that an item other than sales or sources, gathering and maintaining the Unaffiliated Foreign Persons, will be purchases may be used as the measure data needed, and completing and conducted covering companies’ 1996 of a given service for purposes of reviewing the collection of information. fiscal year and every fifth year determining whether the threshold for Send comments regarding this burden thereafter. All legal authorities, mandatory reporting of the service is estimate or any other aspect of this provisions, definitions, and exceeded. collection of information, including requirements contained in § 801.1 (2) Voluntary reporting. If, during the suggestions for reducing this burden, to: through § 801.9(a) are applicable to this fiscal year covered, the U.S. person’s Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules 54111 total transactions (either sales or to maintain government tourism and should be extended. Therefore, the purchases) in any of the types of business promotion offices; closing date for comments is changed to services listed in paragraph (c) of this disbursements for sales promotion and February 15, 1997, which will provide section are $500,000 or less, the U.S. representation; disbursements to the NCUTCD and other interested person is requested to provide an participate in foreign trade shows commenters additional time to evaluate estimate of the total for each type of (purchases only); premiums paid on the proposed changes and to submit service. purchases of primary insurance; losses responses. (i) Provision of this information is recovered on purchases of primary DATES: Submit written comments on or voluntary. The estimates may be insurance; construction, engineering, before February 15, 1997. judgmental, that is, based on recall, architectural, and mining services without conducting a detailed manual (purchases only); merchanting services ADDRESSES: Submit written, signed records search. Because the $500,000 (sales only); financial services comments to FHWA Docket No. 96–9, threshold applies separately to sales and (purchases only, by companies or parts Federal Highway Administration, Room purchases, the voluntary reporting of companies that are not financial 4232, HCC–10, 400 Seventh Street, SW., option may apply only to sales, only to services providers); advertising services; Washington, DC 20590. All comments purchases, or to both sales and computer and data processing services; received will be available for purchases. data base and other information examination at the above address (ii) The amounts of transactions services; telecommunications services; between 8:30 a.m. and 3:30 p.m., e.t., reportable on a particular schedule are operational leasing services; and Monday through Friday, except Federal to be entered in the appropriate ‘‘other’’ private services. ‘‘Other’’ holidays. Those desiring notification of column(s) in the voluntary reporting private services covers transactions in receipt of comments must include a self- section of the schedule: they are not the following types of services: Satellite addressed, stamped postcard. required to be disagregated by country. photography services, security services, FOR FURTHER INFORMATION CONTACT: For Reporters filing voluntary information actuarial services, salvage services, oil information regarding the notice of only should also complete Parts I and II spill and toxic waster cleanup services, proposed amendment contact Mr. Ernest of the form. language translation services, and Huckaby, Office of Highway Safety, (3) Any U.S. person that receives the account collection services. Room 3416, (202) 366–9064, or Mr. BE–20 survey form from BEA, but is not Raymond Cuprill, Office of Chief [FR Doc. 96–26646 Filed 10–16–96; 8:45 am] reporting data in neither the mandatory Counsel, Room 4217, (202) 366–0834, or voluntary section of the form, must BILLING CODE 3510±EA±M Department of Transportation, Federal nevertheless complete and return the Highway Administration, 400 Seventh Exemption Claim included with the Street, SW., Washington, DC 20590. form to BEA. This requirement is DEPARTMENT OF TRANSPORTATION Office hours are from 7:45 a.m. to 4:15 necessary to ensure compliance with p.m., e.t., Monday through Friday, reporting requirements and efficient Federal Highway Administration except Federal holidays. administration of the Act by eliminating unnecessary followup contact. 23 CFR 655 SUPPLEMENTARY INFORMATION: As noted, (c) Covered types of services. Only the [FHWA Docket No. 96±9, Notice No. 1] the original comment period for the services listed below are covered by the June 7, 1996, notice of proposed BE–20 survey. Other services, such as RIN 2125±AD89 amendment to the MUTCD is set to transportation and reinsurance, are NOT close on October 6, 1996. The NCUTCD National Standards for Traffic Control covered. Covered services are: has expressed concern that this closing Devices; Revision of the Manual on Agricultural services; research, date does not provide sufficient time to Uniform Traffic Control Devices; development, and testing services; review the proposed change, management, consulting, and public Pedestrian, Bicycle, and School consolidate comments, and submit these relations services; management of health Warning Signs comments to its member organizations care facilities; accounting, auditing, and AGENCY: Federal Highway for approval. The NCUTCD only meets bookkeeping services; legal services; Administration (FHWA), DOT. in January and June of each year to vote educational and training services; ACTION: Notice of proposed amendment as a full body on proposals and issues mailing, reproduction, and commercial to the Manual on Uniform Traffic relating to the MUTCD. Therefore, the art; employment agencies and Control Devices (MUTCD), extension of closing date for comments is changed to temporary help supply services; comment period. February 15, 1997, to allow the industrial engineering services; NCUTCD and other commenters industrial-type maintenance, SUMMARY: The FHWA is extending the additional time to respond. installation, alteration, and training comment period for a notice of The MUTCD is available for services; performing arts, sports, and proposed amendment to the MUTCD inspection and copying as prescribed in other live performances, presentations, which was published June 7, 1996, at 61 49 CFR Part 7, appendix D. It may be and events; sale or purchase of rights to FR 29234. The original comment period purchased for $44.00 from the natural resources, and lease bonus was set to close on October 7, 1996. This Superintendent of Documents, U.S. payments; use or lease of rights to extension responds to concern Government Printing Office, P.O. Box natural resources, excluding lease bonus expressed by the National Committee on 371954, Pittsburgh, PA 15250–7954, payments; disbursements to fund news- Uniform Traffic Control Devices Stock No. 650–001–00001–0. gathering costs of broadcasters; (NCUTCD) that the October 7 closing Authority: 23 U.S.C. 315, 49 CFR 1.48. disbursements to fund news-gathering date does not provide sufficient time for costs of print media; disbursements to appropriate response to the proposed Issued on: October 8, 1996. fund production costs of motion MUTCD change. The FHWA recognizes Rodney E. Slater, pictures; disbursements to fund that other commenters may be subject to Federal Highway Administrator. production costs of broadcast program similar time constraints and agrees with [FR Doc. 96–26672 Filed 10–16–96; 8:45 am] material other than news; disbursements the NCUTCD that the comment period BILLING CODE 4910±22±P 54112 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules

DEPARTMENT OF JUSTICE Order No. 793–78, it is proposed to managed under an interim disposal amend 28 CFR part 16 as set forth volume limit. A range of options are 28 CFR Part 16 below. presented to solicit public comment on [AAG/A Order No. 123±96] Dated: October 3, 1996. the appropriate length for an interim Stephen R. Colgate, extension, and for an appropriate interim disposal volume limit. This Exemption of Systems of Records Assistant Attorney General for Under the Privacy Act Administration. amendment is necessary in order to allow the SF–DODS to remain open for AGENCY: Department of Justice. 1. The authority for part 16 continues disposal of dredged material from ACTION: Proposed rule. to read as follows: authorized projects, while Authority: 5 U.S.C. 301, 552, 552a, 552b(g), documentation addressing SUMMARY: The Department of Justice, 553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 510, comprehensive long term dredged Drug Enforcement Administration 534; 31 U.S.C. 3717, 9701. material management for the region is (DEA), proposes to amend its Privacy 2. It is proposed to amend 28 CFR being completed. The amendment is Act regulations to provide clarity and to therefore intended to provide the region include an additional reason for the 16.98 by revising paragraph (d)(6) as follows: with continued access to an exemption from subsection (e)(3). The environmentally appropriate dredged additional reason will contribute to a § 16.98 Exemption of the Drug material disposal alternative, without better understanding of the need for the Enforcement Administration (DEA)Ð precluding any options for the exemption. The revised language Limited Access. comprehensive long-term management applies to the following systems of * * * * * planning process now underway. records as named in paragraphs (c)(1) (d) * * * The SF–DODS would remain through (c)(6): Air Intelligence Program (6) From subsection (e)(3) because the designated for the disposal of suitable (Justice/DEA–001), Investigative requirements thereof would constitute a dredged material removed from the San Reporting and Filing System (Justice/ serious impediment to law enforcement Francisco Bay region and other nearby DEA–008), Planning and Inspection in that they could compromise the harbors or dredging sites. However, EPA Division Records (Justice/DEA–010), existence of an actual or potential would not set a permanent annual Operations Files (Justice/DEA–011), confidential investigation and/or permit disposal volume limit at this time, as Security Files (Justice/DEA–013), and the record subject to speculate on the originally envisioned in the August 11, System to Retrieve Information from identity of a potential confidential 1994 site designation Final Rule. Drug Evidence (Stride/Ballistics) source, and endanger the life, health or Instead, EPA is proposing to extend the (Justice/DEA–014). physical safety of either actual or existing interim management of the site DATES: All comments must be received potential confidential informants and for some period and volume limit yet to by November 18, 1996. witnesses, and of investigators/law be determined. A decision on a ADDRESSES: To the extent that enforcement personnel. In addition, the permanent disposal volume limit would exemption from subsection (e)(3) has notification requirement of subsection be made by the end of this extension already been promulgated, it is (e)(3) could impede collection of that period, based on the comprehensive unnecessary to offer an opportunity for information from the record subject, dredged material management planning comment. Nevertheless, an opportunity making it necessary to collect the process or based on a separate to comment on the additional reason information solely from third party alternatives-based EPA evaluation of the therefor is extended. All comments sources and thereby inhibiting law need for ocean disposal. All other should be addressed to Patricia E. enforcement efforts. aspects of the August 11, 1994 SF– Neely, Program Analyst, Information * * * * * DODS designation Final Rule, including Management and Security Staff, [FR Doc. 96–26285 Filed 10–16–96; 8:45 am] the provisions of the Site Management Information Resources Management, BILLING CODE 4410±09±M and Monitoring Plan (SMMP) would Department of Justice, Washington, DC remain in full effect. 20530 (Room 850, WCTR Building). DATES: Comments must be received on FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION or before November 18, 1996. Patricia E. Neely, Program Analyst (202– AGENCY 616–0178). ADDRESSES: Send questions or comments to: Mr. Allan Ota, Ocean SUPPLEMENTARY INFORMATION: This order 40 CFR Part 228 Disposal Coordinator, U.S. relates to individuals rather than small Environmental Protection Agency, business entities. Nevertheless, [FRL±5637±4] (EPA) (W–3–3), 75 Hawthorne Street, pursuant to the requirements of the Ocean Dumping; Amendment of Site San Francisco, California 94105, Regulatory Flexibility Act, 5 U.S.C. 601– Designation telephone (415) 744–1980. 612, it is hereby stated that the order will not have a ‘‘significant economic AGENCY: Environmental Protection FOR FURTHER INFORMATION: Contact Mr. impact on a substantial number of small Agency (EPA). Allan Ota, Ocean Disposal Coordinator, U.S. Environmental Protection Agency, entities.’’ ACTION: Proposed rule. Region 9 (W–3–3), 75 Hawthorne Street, List of Subjects in Part 16 SUMMARY: The Environmental Protection San Francisco, California 94105, Administrative practices and Agency (EPA) proposes to amend the telephone (415) 744–1980. procedure, Courts, Freedom of site designation for the San Francisco SUPPLEMENTARY INFORMATION: The Information Act, Government in the Deep Ocean Disposal Site (SF–DODS), primary supporting documents for this Sunshine Act, and the Privacy Act. an existing deep ocean dredged material designation amendment are the Final Pursuant to the authority vested in the disposal site located off San Francisco, Environmental Impact Statement (EIS) Attorney General by 5 U.S.C. 552a and California, by extending the time period for Designation of a Deep Water Ocean delegated to me by Attorney General during which the disposal site would be Dredged Material Disposal Site off San Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules 54113

Francisco, California (August 1993), the Sanctuaries Act, 33 U.S.C. 1401 et seq. the Administrator delegated authority to Long-Term Management Strategy The rule would primarily be of designate ocean dredged material (LTMS) for the Placement of Dredged relevance to parties in the San Francisco disposal sites (ODMDS) to the Regional Material in the San Francisco Bay area seeking permits from the U.S. Army Administrator of the EPA Region in Region, Draft Policy Environmental Corps of Engineers for the ocean which the sites are located. This action, Impact Statement/Programmatic Impact dumping of dredged material at the SF– proposing to amend an August 11, 1994 Report (April, 1996), and the SF–DODS DODS as well as the U.S. Army Corps SF–DODS designation Final Rule, is designation Final Rule [40 CFR of Engineers itself. Potentially regulated being made pursuant to that authority. 228(b)(70), 59 FR 41243 (August 11, categories and entities seeking to use the 1994), subsequently republished as 40 SF–DODS include: The EPA Ocean Dumping Regulations CFR 228.15(l)(3), 59 FR 61128 (40 CFR 228.4) state that ocean dumping sites will be designated by publication (November 29, 1994)], all of which are Category Examples of potentially regu- available for public inspection at the lated entities pursuant to 40 CFR Part 228. This following locations: proposed site designation amendment is Industry ...... Ports seeking dredged mate- being published as proposed rulemaking A. Water Docket, MC–4101, rial ocean dumping permits Environmental Protection Agency, for SF±DODS use. in accordance with Section 228.4(e) of 401 M Street, SW, Washington, D.C. Marinas seeking dredged the Ocean Dumping Regulations, which 20460. material ocean dumping permits the designation of ocean B. EPA Region 9, Library, 75 Hawthorne permits for SF±DODS use. disposal sites for dredged material. Street, 13th Floor, San Francisco, Shipyards seeking dredged material ocean dumping By publication of a Final Rule in the California. Federal Register on August 11, 1994 (59 C. ABAG/MTC Library, 101 8th Street, permits for SF±DODS use. Berth owners seeking Fed. Reg. 41243), EPA Region 9 Oakland, California. dredged material ocean designated SF–DODS as an ocean D. Alameda County Library, 3121 Diablo dumping permits for SF± dredged material disposal site. The Avenue, Hayward, California. DODS use. center of the SF–DODS is located E. Bancroft Library, University of State/local/ Local governments owning approximately 49 nautical miles (91 California, Berkeley, California. tribal Gov- ports or berths seeking F. Berkeley Public Library, 2090 ernments. dredged material ocean kilometers) west of the Golden Gate and Kittredge Street, Berkeley, California. dumping permits for SF± occupies an area of approximately 6.5 G. Daly City Public Library, 40 Wembley DODS use. square nautical miles (22 square Drive, Daly City, California. Federal Gov- US Army Corps of Engineers kilometers). Water depths within the H. Environmental Information Center, ernment. for its projects proposing to area range between approximately 8,200 San Jose State University, 125 South use the SF±DODS. to 9,840 feet (2,500 to 3,000 meters). The Federal agencies seeking 7th Street, San Jose, California. center coordinates of the oval-shaped dredged material ocean ° ′ I. Half Moon Bay Library, 620 Correas dumping permits for SF± site are: 37 39.0 North latitude by Street, Half Moon Bay, California. DODS use. 123°29.0′ West longitude (North J. Marin County Library, Civic Center, American Datum from 1983), with 3501 Civic Center Drive, San Rafael, This table is not intended to be length (north-south axis) and width California. exhaustive, but rather provides a guide (west-east axis) dimensions of K. North Bay Cooperative Library, 725 for readers regarding entities likely to be approximately 4 nautical miles (7.5 Third Street, Santa Rosa, California. regulated by the action. This table lists kilometers) and 2.5 nautical miles (4.5 L. Oakland Public Library, 125 14th types of entities that EPA is now aware kilometers), respectively. Street, Oakland, California. could potentially be regulated by this M. Richmond Public Library, 325 Civic In its August 11, 1994 Final Rule, EPA action. Other types of entities not listed Center Plaza, Richmond, California. designated SF–DODS for continued use in this table could also be regulated. To N. San Francisco Public Library, Civic for a period of 50 years, with an interim determine whether your organization is Center, Larkin & McAllister, San capacity of six million cubic yards of potentially regulated by this action, you Francisco, California. dredged material per calendar year until should carefully consider whether your O. San Francisco State University December 31, 1996. It was assumed that Library, 1630 Holloway Avenue, San organization is subject to the requirement to obtain an ocean by that date, a comprehensive Francisco, California. evaluation of long term dredged P. San Mateo County Library, 25 Tower dumping permit in accordance with the Purpose and Scope provisions of material management needs for the Road, San Mateo, California. overall San Francisco Bay region would Q. Santa Clara County Free Library, Section 220.1 of Title 40 of the Code of Federal Regulations, and you wish to have been conducted, which would 1095 N. Seventh Street, San Jose, have evaluated the potential for California. use the SF–DODS. If you have questions alternatives to ocean disposal, and R. Santa Cruz Public Library, 224 regarding the applicability of this action which could therefore serve as a basis Church Street, Santa Cruz, California. to a particular entity, consult the person S. Sausalito Public Library, 420 Litho listed in the preceding FOR FURTHER for establishing a permanent disposal Street, Sausalito, California. INFORMATION, CONTACT section. volume limit for SF–DODS. (Alternatively, the August 11, 1994 site T. Stanford University Library, Stanford, B. Background California. designation Final Rule provided for EPA Section 102(c) of the Marine to establish a permanent disposal site A. Regulated Entities Protection, Research, and Sanctuaries volume based on a separate alternatives- Entities potentially regulated by this Act (MPRSA) of 1972, as amended, 33 based EPA evaluation of the need for action are persons or entities seeking U.S.C. Sections 1401 et seq., gives the ocean disposal.) permits to dump dredged material into Administrator of EPA authority to Since the August 11, 1994 site designate sites where ocean dumping ocean waters at the SF–DODS, under the designation Final Rule, significant effort Marine Protection, Research, and may be permitted. On October 1, 1986 54114 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules has in fact gone toward development of under an interim disposal volume limit, this SMMP document as an EPA Public a comprehensive dredged material and not to make a permanent volume Notice on April 20, 1994 and accepted management approach for the region. In limit determination at this time. comments on this document until June particular, the multi-agency draft Policy Extending site use at this time under an 6, 1994. The SMMP provisions in the Environmental Impact Statement/ interim disposal volume limit would August 11, 1994 Final Rule were Programmatic Environmental Impact allow the LTMS EIS/R process to determined after considering the public Report entitled Long-Term Management continue, without precluding final comments received in response to both Strategy (LTMS) for the Placement of selection of any of the LTMS EIS/R’s the Proposed Rule Preamble and the Dredged Material in the San Francisco overall dredged material management SMMP document. None of the Bay Region (LTMS draft EIS/R) was alternatives. requirements of the SMMP would be published on April 17, 1996. The LTMS Therefore, EPA is proposing to extend changed by this proposed rule. the period during which the SF–DODS draft EIS/R evaluates the overall C. Interim Disposal Volume Limit dredged material management needs would be managed under an interim and disposal or reuse potential for the disposal volume limit. In this proposed A range of approaches to determining San Francisco Bay area over the next 50 rule, options are presented to solicit an appropriate interim disposal volume years, including not only ocean public comment on the appropriate limit for SF–DODS is being considered disposal, but also in-Bay disposal length for an interim extension, and for by EPA for this proposed rule. These (placement at designated sites within an appropriate interim disposal volume include: (1) revising the interim the San Francisco estuary that are limit. disposal limit based on an updated managed under Section 404 of the Clean Other than establishing an interim estimate of overall dredging and Water Act), and upland or wetland disposal volume limit and setting a new potential ocean disposal needs for the disposal or reuse. The policy timeframe for designating a permanent San Francisco area; (2) revising the alternatives evaluated in the LTMS draft disposal volume limit, the provisions of interim disposal limit based on one of EIS/R include varying levels of dredged the August 11, 1994 site designation the alternatives presented in the LTMS material disposal or reuse in each of Final Rule would be unchanged by the draft EIS/R; (3) revising the interim these three placement environments. amendments described in this proposed disposal limit to accommodate only The potential environmental and Rule. In particular, the August 11, 1994 those specific projects currently socioeconomic effects of each policy site designation Final Rule stipulated approved for ocean disposal (plus an additional volume to accommodate a alternative is evaluated in the LTMS that site use is subject to limited number of new projects in the draft EIS/R. Selection of one of the implementation of a specific Site near term); and (4) leaving unchanged alternative policy approaches set forth Monitoring and Management Plan (SMMP) for the SF–DODS, and that the the existing interim disposal limit of six in the LTMS draft EIS/R could therefore monitoring provisions of this SMMP million cubic yards per year. Each of serve as an appropriate basis for would be fully implemented during the these options is discussed in the designating a permanent disposal first two years of site use independent following paragraphs. (Options for the volume limit for SF–DODS, as originally of actual volumes of dredged material duration of the interim site management envisioned. However, the LTMS Final disposed at the site. This proposed rule period are discussed in Section D, EIS/R process is not yet complete. would continue the requirement to fully INTERIM SITE MANAGEMENT Public comments on the LTMS draft implement monitoring during any PERIOD, below.) Note that EPA’s EIS/R were accepted through July 19, extended period of interim site determination, based on the site 1996, and over 60 substantive comment management. Thereafter, consistent designation EIS and rulemaking, and letters were received, many of which with the August 11, 1994 site subsequent site monitoring results (see suggested that significant changes designation Final Rule, the EPA Region Section E—Compliance with Ocean Site should be made before finalizing the 9 Regional Administrator may establish Designation Criteria) is that no EIS/R. a minimum annual disposal volume significant adverse environmental The August 11, 1994 site designation (not to exceed 10 percent of the impacts are expected in association with Final Rule provides for EPA to base the designated site capacity at any time) the original interim disposal volume establishment of a permanent disposal below which this monitoring program limit of six million cubic yards per year. site volume limit for the SF–DODS on need not be fully implemented. All of the options discussed below for a separate alternatives-based evaluation The SMMP provisions in the Final a continued interim disposal volume of the need for ocean disposal, Rule are closely related to EPA Region limit reflect either a decrease, or no conducted by EPA, in the event that the 9’s previous proposals on site change, in potential disposal activity at LTMS EIS/R process was not completed monitoring and management. These the SF–DODS. (No option considers an by December 31, 1996. EPA believes proposals have been put forth for public increase in the disposal volume limit, that the record represented by the review and comment on at least two because the August, 1993 final EIS did information and evaluations presented occasions. First, EPA Region 9 outlined not evaluate whether there would be in its original site designation EIS and its proposals concerning site monitoring potential adverse impacts at volumes rulemaking, together with those and management in the Preamble greater than six million cubic yards per presented in the LTMS draft EIS/R and accompanying the Proposed Rule year. That August, 1993 final EIS would the public comments received on the designating the SF–DODS. EPA Region need to be supplemented with new draft EIS/R, is adequate as a basis for 9 published the Proposed Rule in the analyses before greater volumes could designating a permanent disposal Federal Register on February 17, 1994 be considered.) Therefore, no significant volume limit for SF–DODS. However, in (59 FR 7952), and held open a public adverse environmental impacts are order to provide for a maximum of comment period on the Proposed Rule expected for any of these options. public input to the overall policy until March 18, 1994. Second, EPA EPA is specifically soliciting public approach that should be selected for Region 9 completed a draft of a separate comment on the following range of long-term dredged material management SMMP document and made this options, which we believe covers the (including the role of ocean disposal), document available for public review full spectrum of possible actions. EPA is proposing to extend site use and comment. EPA Region 9 published However, EPA will also consider Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules 54115 comments addressing modifications to assumed to be potentially suitable for 40 percent of the average annual volume these options. Comments should ocean disposal at the SF–DODS. of dredged material expected to be address interim disposal volume limits Revising the interim disposal volume found suitable for ocean disposal, or both from the standpoint of minimizing limit for the SF–DODS to 4.8 million approximately two million cubic yards overall environmental impacts, and cubic yards of suitable dredged material per year. ‘‘Low’’ ocean disposal was from the standpoint of providing per year is not expected to have an defined as 20 percent of the ocean adequate disposal volume for projects impact on completion of existing, suitable dredged material, or that may need dredging during the authorized projects. The Port of Oakland approximately one million cubic yards interim period. Note that additional ¥42-Foot Deepening Project and the per year. public comment will be solicited as part Port of Richmond ¥38-Foot Deepening Although alternative 50-year overall of EPA’s designation of a permanent Project, both of which are already management approaches having either disposal volume limit. authorized, will each generate over two ‘‘medium’’ or ‘‘low’’ ocean disposal Volume Option 1: Interim disposal million cubic yards of dredged material volumes are being considered as long- volume limit based on new estimate of authorized for disposal at the SF–DODS. term LTMS goals, this proposal is long-term dredging need. EPA’s original Therefore, even if both these projects intended to address short term needs designation of a six million cubic yard were to conduct the majority of their while that longer term process is annual disposal limit for the SF–DODS authorized dredging within the same, completed. At the present time, multi- was based, in part, on the estimate of single calendar year, a revised interim user upland or wetland reuse sites long-term dredging needs for the San disposal volume limit of 4.8 million capable of managing these volumes of Francisco Bay area contained in the site cubic yards per year would dredged material are not available. Until designation EIS (August, 1993). At that accommodate them both with little or additional upland or wetland reuse sites time, it was estimated that 400 million no delay. In this event, however, only become available, sufficient capacity cubic yards of dredged material would limited additional volume would be must be retained at a combination of the be generated in the area over 50 years, available for other projects during that SF–DODS and the existing in-Bay for a long-term average of eight million year. (For example, ample capacity disposal sites to manage the dredged cubic yards per year. It was assumed would be available for additional material generated by necessary that up to 80 percent of this estimated projects the following year under a two- projects. Given that the Port of Oakland and eight million cubic yard annual average year interim site management extension, but no additional capacity for other Port of Richmond projects have already could be found to meet the ocean projects would be available under a one been authorized, setting the interim disposal criteria of 40 CFR Part 228 as year extension.) In addition, in disposal volume limit to coincide being physically, chemically, and combination with existing capacity at directly with either the ‘‘medium’’ (two biologically suitable for ocean disposal aquatic disposal sites within the San million cubic yards per year) or ‘‘low’’ at the SF–DODS. Modeling and other Francisco Bay and estuary (managed (one million cubic yards per year) long- evaluations conducted for the site under the Clean Water Act), reducing term LTMS goals would not allow designation EIS (August, 1993) were the interim disposal volume limit at the consideration of additional projects for therefore based on the site potentially SF–DODS to 4.8 million cubic yards per ocean disposal during the interim accommodating a maximum of six year is not expected to cause an overall period. With upland alternatives million cubic yards per year (about 80 shortage of available disposal capacity extremely limited at present, this option percent of the estimated eight million in the region during the near term. could cause an overall shortage of cubic yards per year total dredging). There are no indications that the available disposal capacity in the region Since EPA’s August, 1993 site disposal volume limit should be during the near term, and could have designation EIS, estimated long-term reduced due to any direct the effect of forcing state and federal dredging needs for the San Francisco environmental impacts. In addition, regulators to rely almost exclusively on Bay area have decreased substantially. changing the existing interim disposal existing sites within the San Francisco The LTMS draft EIS/R (April, 1996) volume limit before the LTMS EIS/R Bay and estuary for disposal of suitable documents the current ‘‘high end’’ process is complete could be viewed by dredged material from any new estimate of long-term dredging needs for some as prejudicial to the outcome of dredging projects during the interim the San Francisco Bay area as being that process. Comments supporting this period. Furthermore, the Oakland and approximately 300 million cubic yards option would be particularly helpful if Richmond projects could not be dredged over the next 50 years. This represents they address why a reduced interim simultaneously. The Oakland project is a 25 percent reduction from the earlier disposal volume limit would be already in the midst of dredging, but the 400 million cubic yard long-term appropriate, and why any outcome of Richmond project had not yet begun estimate. Much of this estimated the LTMS EIS/R process would not be dredging at the time this proposed decrease is attributable to military base affected by such a reduction at this time. rulemaking was prepared. It is likely closures announced since EPA’s August Volume Option 2: Interim disposal that construction of the Port of 1993 site designation EIS was being volume limit based on alternatives Richmond project would be delayed for prepared. Based on the new LTMS presented in the LTMS draft EIS/R. In at least one year under this option. Such estimate of 300 million cubic yards over addition to the No Action alternative, a delay could jeopardize the federal 50 years, the average overall dredging the LTMS draft EIS/R (April, 1996) funding for this project. need decreases from eight million to six evaluated three ‘‘policy alternatives’’ for The factors discussed above would be million cubic yards per year. Under the overall management of dredged material re-evaluated when determining an same assumption used in the site estimated to be generated in the San appropriate permanent disposal volume designation EIS (August, 1993) that up Francisco Bay area over the next 50 limit for the SF–DODS, once the to 80 percent of this dredged material years. Each of the alternatives retained programmatic LTMS EIS/R process has may be determined to be suitable for for detailed evaluation included either been completed. ocean disposal, a long-term annual ‘‘medium’’ or ‘‘low’’ levels of ocean Comments supporting this option average of 4.8 million cubic yards of disposal. ‘‘Medium’’ ocean disposal was would be particularly helpful if they dredged material would now be defined in the LTMS draft EIS/R to be include specific recommendations 54116 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules regarding which LTMS draft EIS/R Although this option would allow long-term dredged material management alternative an ocean disposal volume only slightly more ocean disposal than (including the role of ocean disposal); it limit should be based on, and should Option 1 (which would allow up to 4.8 would not in any way prejudice provide specific information supporting million cubic yards per year), this consideration of a permanent disposal such recommendations. option represents a conceptual change volume limit based on the ongoing Volume Option 3: Interim disposal in the basis under which the SF–DODS comprehensive management planning volume limit based on specific projects has been managed during the first two process. currently approved for ocean disposal years of interim site management. Only D. Interim Site Management Period (plus an additional volume to currently authorized projects plus a accommodate a limited number of new small additional volume for other The primary purpose in extending the projects in the near term). Under this potential projects would be interim disposal volume limit for the option, EPA would establish an interim accommodated. SF–DODS is to allow for completion of disposal volume limit for the SF–DODS Comments supporting this option the public process associated with that is sufficient to allow for the would be particularly helpful if they finalizing the LTMS EIS/R. The draft potential simultaneous construction of include specific recommendations LTMS EIS/R was published on April 19, the already authorized Port of Oakland regarding volume, and should provide 1996, and the public comment period and Port of Richmond deepening specific supporting information. closed on July 19, 1996. Over 60 projects, plus an additional volume to Volume Option 4: Retain existing six substantive comment letters were accommodate a limited number of new million cubic yards per year interim received on the LTMS draft EIS/R. dredging projects. For example, an disposal volume limit. Modeling and Several comment letters expressed the interim disposal volume limit of from other evaluations conducted for both the view that the programmatic document five million cubic yards of suitable site designation EIS (August, 1993) and was inadequate and that a revised draft dredged material per year would the site designation Final Rule (August EIS/R should be prepared. Other provide for construction of both the 11, 1994), support EPA’s determination comment letters recommended that a Oakland and Richmond projects in one that no significant adverse detailed Management Plan, outlining year, plus approximately an additional environmental impacts are expected in the specific actions that state and one million cubic yards from other association with disposal of up to six federal agencies would take to projects during that same year. (If some million cubic yards of suitable dredged implement any of the alternatives in the additional volume for other projects material per year at the SF–DODS. Site draft EIS/R, should be prepared prior to were not included, an overall shortage monitoring studies conducted to date, finalizing the programmatic EIS/R. of available disposal capacity in the and summarized briefly in Section E, It is apparent that an LTMS final EIS/ region could occur during the near term, below, are consistent with the EIS R and Record of Decision will not be and could have the effect of forcing state predictions and confirm that the site is available in time to serve as the basis for and federal regulators to rely almost performing as predicted. Therefore, no establishing a permanent disposal exclusively on existing sites within the significant adverse environmental volume limit for the SF–DODS before San Francisco Bay and estuary for impacts would be expected if the the December 31, 1996 expiration of the disposal of suitable dredged material existing interim disposal volume limit interim period specified in the August from any new dredging projects during (up to six million cubic yards of 11, 1994 site designation Final Rule. the interim period.) dredged material per year) were to be Therefore, EPA is proposing to extend In contrast to Option 2, this option retained during an extended period of the interim site management period for would not delay and possibly put at risk interim site management. the SF–DODS. Five options are the federal funding for either the Port of Similar to Option 1 and Option 3, this presented below to solicit public Oakland or Port of Richmond deepening option would accommodate the already comment on the appropriate length of projects. Also, it should allow state and authorized Port of Oakland and Port of an extended interim site management federal regulators to continue to Richmond dredging projects without period. (Options for the disposal volume evaluate whether ocean disposal may be delay, and would have capacity for limit that would apply during the a less damaging, practicable alternative additional near term projects for which interim site management period are to in-Bay disposal for some new ocean disposal may be found to be a discussed in Section C, DISPOSAL dredging projects in the near term (prior practicable alternative. In combination VOLUME LIMIT, above.) to completion of the LTMS EIS/R with existing capacity at aquatic EPA is specifically soliciting public process and implementation of a disposal sites within the San Francisco comment on this range of options; comprehensive, long-term management Bay and estuary (managed under the however, EPA will also consider plan for the San Francisco Bay area). As Clean Water Act), an interim disposal comments addressing other interim site with the other options discussed, no volume limit at the SF–DODS of six management periods, including significant adverse environmental million cubic yards per year is not alternatives that involve no extension at impacts would be expected in expected to cause an overall shortage of all. Such comments should address how association with disposal of five million available disposal capacity in the region an alternative can reasonably provide cubic yards of suitable dredged material during the near term. for completion of the LTMS final EIS/ per year at the SF–DODS. In addition, Retaining the existing disposal R, or for development of a separate EPA in combination with existing capacity at volume limit would require that the evaluation of the overall need for ocean aquatic disposal sites within the San August 11, 1994 site designation Final disposal (as provided in the August 11, Francisco Bay and estuary (managed Rule be amended only by changing the 1994 site designation Final Rule). under the Clean Water Act), reducing dates included therein, and thus would Extension Option 1: Two-year the interim disposal volume limit at the minimize any confusion among extension to interim site management. It SF–DODS to five million cubic yards regulated entities that might otherwise is expected that relatively substantial per year would not be expected to cause result from establishing a different revisions to the LTMS draft EIS/R will an overall shortage of available disposal interim management volume for the SF– be required before the final EIS/R can be capacity in the region during the near DODS. This option most clearly leaves published and a Record of Decision term. open all options for comprehensive signed. A two-year interim site Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules 54117 management extension should allow publication of the LTMS final EIS/R and Extension Option 5: Unspecified reasonable time for completion of the Record of Decision, approximately four period of interim site management LTMS Final EIS/R process, including months would be needed for rulemaking (period to end following completion of the approximate four month period to establish a permanent disposal the LTMS final EIS/R, or concurrent necessary to conduct the rulemaking volume limit for the remainder of the with publication of a comprehensive process for a permanent SF–DODS SF–DODS’ 50-year designation. In order management plan for the San Francisco disposal volume limit. A two-year for the entire process to be completed Bay region). An extension period could period would also be a sufficient time within one year, a maximum of eight be tied specifically to completion of the to allow the approved Port of Oakland months would therefore be available for LTMS final EIS/R process, without deepening project to be completed, and preparation, publication, and public attempting to speculate about the to allow planning and contracting for review of the LTMS final EIS/R. It is timeframe needed. This option would the approved Port of Richmond unlikely that the necessary revisions can provide the greatest assurance that any deepening project to proceed with be made within a few months, LTMS EIS/R process would in fact be reasonable predictability. Ocean particularly if they are based on a completed before conducting disposal would remain a feasible process of ongoing, open discussions rulemaking to establish a permanent alternative to consider for upcoming with interested parties, as several disposal site volume for the SF-DODS. projects. At the same time, a permanent commenters on the LTMS draft EIS/R However, it would not provide the disposal volume limit could be have requested. As noted above, the public with reasonable assurance that established before the end of the two- primary reason for extending the the LTMS final EIS/R process will in year period, if the LTMS final EIS/R interim site management period is to fact move forward as expeditiously as process is completed earlier, or if EPA allow the LTMS final EIS/R process to possible. In particular, interested parties were to prepare a separate evaluation of be completed. At this time EPA does not might be concerned that resources the overall need for ocean disposal (as believe that a one-year extension will adequate to continue and complete the provided in the August 11, 1994 site reasonably allow this to occur. LTMS final EIS/R process may not be designation Final Rule). A one-year extension might only be committed by the agencies in a timely Extension Option 2: 18–Month adequate if EPA were to prepare a manner, if a specific timeframe for extension to interim site management. separate evaluation of the overall need action is not somehow integral to the As with Extension Option 1, an 18- for ocean disposal (as provided in the process. Comments supporting this month extension should be a sufficient August 11, 1994 site designation Final option would be particularly helpful if time to allow completion of the LTMS Rule); rather than moving forward with they address why an indefinite final EIS/EIR. However, an 18-month the LTMS EIS/R process at this time. extension period would be superior to extension might not be sufficient to This would delay completion of the the options described above, and provide for the subsequent rulemaking LTMS EIS/R by a commensurate period. whether and how the alternate process to be completed and for a Comments supporting this option would provision (in the August 11, 1994 site permanent disposal volume limit to be particularly helpful if they address designation Final Rule) to base a become effective. In addition, an 18- permanent disposal volume limit on a why a one-year extension would be month extension would make it more separate EPA evaluation of the need for adequate to complete the LTMS EIS/R difficult for planning and contracting of ocean disposal should be incorporated and rulemaking processes, or why a the already-authorized Port of under an indefinite extension. Richmond Deepening Project, permanent disposal volume limit potentially making it more likely that should be established prior to E. Ocean Dumping Site Designation either the entire project would be completion of the LTMS EIS/R process Criteria dredged within the shorter 18-month (based on a separate EPA evaluation of Five general criteria are used in the period, or that some of the project’s the need for ocean disposal). selection and approval of ocean disposal dredged material would have to be Extension Option 4: Six-month sites for continued use (40 CFR Section disposed at existing sites within the San extension to interim site management. 228.5). First, sites must be selected to Francisco Bay and estuary (managed Similar to Option 3 above, a six-month minimize interference with other under the Clean Water Act). Planning extension period would not provide activities, particularly avoiding fishery for other projects that would potentially sufficient time for the completion of the areas or major navigation areas. Second, be appropriate for ocean disposal would LTMS final EIS/EIR. A six-month sites must be situated such that also be made more difficult. extension might only be adequate if EPA temporary (during initial mixing) water Comments supporting this option were to prepare a separate evaluation of quality perturbations caused by disposal would be particularly helpfull if they the overall need for ocean disposal (as operations would be reduced to normal address why an 18-month period would provided in the August 11, 1994 site ambient levels before reaching any be sufficient to allow for the completion designation Final Rule), rather than beach, shoreline, sanctuary, or of both the LTMS final EIS/EIR and moving forward with the LTMS EIS/R geographically limited fishery area. subsequent ocean disposal rulemaking, process at this time. This would delay Third, if site designation studies show without significantly affecting permitted completion of the LTMS EIS/R by a that any interim disposal site does not and potential future projects or commensurate period. Comments meet the site selection criteria, use of increasing disposal within the San supporting this option would be such site shall be terminated as soon as Francisco Bay and estuary. particularly helpfull if they address why an alternate site can be designated. Extension Option 3: One-year a six-month extension would be Fourth, disposal site size must be extension to interim site management. adequate to complete the LTMS EIS/R limited in order to localize for Extending the interim site management and rulemaking processes, or why a identification and control any period for only one year probably would permanent disposal volume limit immediate adverse impacts, and to not allow sufficient time for the should be established prior to facilitate effective monitoring for long- finalization of the LTMS EIS/R, given completion of the LTMS EIS/R process range effects. Fifth, EPA must, wherever the substantial concerns raised in public (based on a separate EPA evaluation of feasible, designate ocean dumping sites comments on the draft EIS/R. Following the need for ocean disposal). beyond the edge of the continental shelf 54118 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules and where historical disposal has CFR Section 230]). It has therefore Ocean Dumping Criteria of MPRSA have occurred. As described in the site already reduced potential cumulative not been met. designation EIS, SF–DODS was effects to sensitive aquatic resources of F. Compliance With Other Laws and specifically selected as the alternative the San Francisco Bay-Delta estuary. Executive Orders location which best complied with these Taken together, the evaluations general criteria. presented in the site designation final Consistency With the Coastal Zone In addition to the five general criteria, EIS and rulemaking, and the site Management Act 11 specific site selection criteria are monitoring results to date, confirm that EPA prepared a Coastal Consistency listed in 40 CFR 228.6(a) of the EPA the SF–DODS is performing as predicted Determination (CCD) document based Ocean Dumping Regulations for and that, in operation, it continues to on the evaluations presented in the evaluation of all candidate disposal meet the general and specific site August, 1993 site designation EIS. The sites. The five general criteria and the 11 designation criteria of 40 CFR 228.5 and specific factors overlap to a great degree. 228.6. CCD evaluated whether the proposed The SF–DODS, as discussed in the EPA Region 9 has determined that the action—designation of ‘‘Alternative Site August, 1993 site designation final EIS SF–DODS may appropriately be 5’’ (now SF–DODS) as described in the and subsequent rulemaking, was also designated for use over a period of 50 site designation EIS as an ocean found to best comply with each of the years, with an interim capacity of up to disposal site for up to 50 years, and with 11 specific criteria. six million cubic yards of dredged an annual capacity of six million cubic Site monitoring activities conducted material per calendar year. Site capacity yards of dredged material meeting ocean pursuant to the requirements of the SF– shall be re-evaluated based on the disposal criteria—would be consistent DODS Site Management and Monitoring results of comprehensive regional with the provisions of the Coastal Zone Plan have established that it is feasible dredged material management planning Management Act. The CCD was formally to monitor at the site using standardized (including consideration of in-Bay, presented to the California Coastal methods, and that to date the site is ocean, and upland or wetland disposal Commission (Commission) at their performing as expected. For example, or reuse) underway at the time of this public hearing on April 12, 1994. The seafloor mapping of dredged material rulemaking (or, as provided in the Commission staff report recommended deposits (footprint) from disposal August 11, 1994 site designation Final that the Commission concur with EPA’s operations indicates that deposition is Rule, independently by EPA if a CCD, and the Commission voted occurring as predicted in the EIS. The comprehensive management approach unanimously to concur on the CCD bulk of the sediments discharged from is not yet available). without revision. barges have deposited within the site Designation of the SF–DODS for up to Since the approved CCD was based on boundaries and have not been six million cubic yards of suitable 50 years of site use at up to six million transported offsite thereafter. Deposit dredged material per year complies with cubic yards of dredged material per thicknesses exceeding 17 centimeters the general and specific criteria used for year, and none of the options being have been identified only at the center site evaluation, as evaluated in the considered exceed these parameters, the of the site, and no deposit thicknesses August 11, 1994 site designation Final effects of today’s proposal are well exceeding the five centimeter threshold Rule. The continued use of the site within the scope of the prior review and established in the August 11, 1994 site under an interim disposal volume limit do not require further Commission designation Final Rule have been equal to or less than this annual amount review. detected at or outside of the site also complies with these criteria, as Endangered Species Act Consultation boundaries. No apparent changes in the described in Section E, above. basic successional stage of the native Management of this site will continue to During the development of the benthic communities attributable to be the responsibility of the Regional August, 1993 site designation EIS, EPA dredged material deposition have been Administrator of EPA Region 9 in consulted with the National Marine observed outside the disposal site cooperation with the Corps South Fisheries Service (NMFS) and the U.S. boundary in site monitoring studies. Pacific Division Engineer and the San Fish and Wildlife Service (FWS) Therefore, any significant disturbances Francisco District Engineer, based on pursuant to provisions of the associated with dredged material requirements defined in the Final Rule. Endangered Species Act, regarding the disposal are limited to within the The requirement for compliance with potential for designation and use of any disposal site boundaries, as predicted. the Ocean Dumping Criteria of the of the alternative ocean disposal sites In addition, water column studies MPRSA may not be superseded by the under study to jeopardize the continued confirmed that plumes resulting from provisions of any future comprehensive existence of any federally listed disposal operations dissipate rapidly regional management plan for dredged threatened or endangered species. This and suspended sediment concentrations material. consultation process is fully of the plumes decrease to ambient levels It is emphasized that ocean dumping documented in the August, 1993 site within the disposal site boundaries. site designation does not constitute or designation EIS. NMFS and FWS Vessel traffic associated with disposal imply EPA Region 9’s or the Corps San concluded that none of the three operations has not interfered with Francisco District’s approval of actual alternative disposal sites, including overall vessel traffic in the San ocean disposal of dredged materials. Alternative Site 5, if designated and Francisco Bay region, and observations Before ocean dumping of dredged used for disposal of dredged material of seabirds and marine mammals in the material at the site may begin, EPA meeting ocean disposal criteria as vicinity of disposal operations to date Region 9 and the Corps San Francisco described in the EIS, would likely indicate that no apparent significant District must evaluate permit jeopardize the continued existence of adverse impacts have occurred to these applications according to the Ocean any federally listed threatened or resources as a result of disposal Dumping Criteria (40 CFR Part 227) endangered species. operations. Finally, use of SF–DODS has adopted pursuant to the MPRSA. EPA This consultation was based on site reduced the total volume of disposal at Region 9 or the Corps San Francisco use at up to six million cubic yards of existing in-Bay sites (managed under District would not allow ocean dumping dredged material per year, for 50 years. Section 404 of the Clean Water Act [40 if either agency determines that the Since none of the options being Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules 54119 considered would exceed these providing a continuing disposal option any regulatory requirements that may parameters, and since conditions have for dredged material. The proposal significantly or uniquely affect small not changed for any of the listed or merely addresses the interim capacity governments, including tribal candidate threatened or endangered and period of interim management of governments, it must have developed species potentially affected by disposal the SF–DODS. Consequently, EPA’s under section 203 of the UMRA a small site use, the effects of today’s proposal action will not impose any additional government agency plan. The plan must are well within the scope of the prior economic burden on small entities such provide for notifying potentially consultation and do not require further as small private dredging operations affected small governments, enabling Endangered Species Act consultation. that seek authorization for the dumping officials of affected small governments of dredged materials. For this reason, to have meaningful and timely input in Executive Order 12866 the Regional Administrator certifies, the development of EPA regulatory Under Executive Order 12866 (58 FR pursuant to section 605(b) of the proposals with significant Federal 51735, October 4, 1993), the Agency Regulatory Flexibility Act, that the intergovernmental mandates, and must determine whether the regulatory proposed rule will not have a significant informing, educating, and advising action is ‘‘significant,’’ and therefore economic impact on a substantial small governments on compliance with subject to OMB review and the number of small entities. the regulatory requirements. requirements of the Executive Order. This proposed rule contains no Paperwork Reduction Act The Order defines ‘‘significant Federal mandates (under the regulatory regulatory action’’ as one that is likely The Paperwork Reduction Act, 44 provisions of Title II of the UMRA) for to lead to a rule that may: U.S.C. 3501 et seq., is intended to State, local, or tribal governments or (1) Have an annual effect on the minimize the reporting and record- sections 202 and 205 of the UMRA. As economy of $100 million or more, or keeping burden on the regulated is explained elsewhere in this preamble, adversely affect in a material way the community, as well as to minimize the the proposed rule merely relates to the economy, a sector of the economy, cost of Federal information collection period of time and interim capacity productivity, competition, jobs, the and dissemination. In general, the Act under which the existing SF–DODS may environment, public health or safety, or requires that information requests and be managed by the Federal government State, local, or tribal governments or record-keeping requirements affecting under existing interim provisions. communities; ten or more non-Federal respondents be Accordingly, it imposes no new (2) Create a serious inconsistency or approved by the Office of Management enforceable duty on any State, local or otherwise interfere with an action taken and Budget. Since this proposed rule tribal governments or the private sector. or planned by another agency; would not establish or modify any Even if this proposed rule did contain (3) Materially alter the budgetary information or record-keeping a Federal mandate, it would not result impact of entitlements, grants, user fees, requirements, it is not subject to the in annual expenditures of $100 million or loan programs, or the rights and requirements of the Paperwork or more for State, local, and tribal obligations of recipients thereof; or Reduction Act. governments in the aggregate, or the (4) Raise novel legal or policy issues The Unfunded Mandates Reform Act private sector. Thus this proposed rule arising out of legal mandates, the is not subject to the requirements of President’s priorities, or the principles Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L. 104– sections 202 and 205 of the UMRA. set forth in the Executive Order. For the foregoing reasons, EPA also 4, establishes requirements for Federal This proposed rulemaking should has determined that this rule contains agencies to assess the effects of their have minimal impact on permittees. The no regulatory requirements that might regulatory actions on State, local, and proposed rule merely addresses the significantly or uniquely affect small tribal governments and the private interim capacity and period of time governments. Thus the requirements of during which the existing SF–DODS sector. Under section 202 of the UMRA, EPA generally must prepare a written Section 203 of UMRA do not apply to may be used under existing interim this rule. management provisions. It thus has statement, including a cost-benefit been determined that this proposed rule analysis, for proposed and final rules List of Subjects in 40 CFR Part 228 is not a ‘‘significant regulatory action’’ with ‘‘Federal mandates’’ that may Environmental protection, Water under the terms of Executive Order result in expenditures to State, local, pollution control. 12866, and is therefore not subject to and tribal governments, in the aggregate, Dated: October 4, 1996. OMB review. or to the private sector, of $100 million or more in any one year. Before John Wise, Regulatory Flexibility Act, as Amended promulgating an EPA rule for which a Acting Regional Administrator, EPA by the Small Business Regulatory written statement is needed, section 205 Region 9. Enforcement Fairness Act of 1996 of the UMRA generally requires EPA to In consideration of the foregoing, The Regulatory Flexibility Act (RFA) identify and consider a reasonable Subchapter H of Chapter 1 of Title 40 provides that, whenever an agency number of regulatory alternatives and is proposed to be amended as set forth promulgates a final rule under 5 U.S.C. adopt the least costly, most cost- below. 553, an agency must prepare a effective or least burdensome alternative regulatory flexibility analysis (RFA) that achieves the objectives of the rule. PART 228Ð[AMENDED] unless the head of the agency certifies The provisions of section 205 do not 1. The authority citation for Part 228 that the proposed rule will not have a apply when they are inconsistent with continues to read as follows: significant economic impact on a applicable law. Moreover, section 205 substantial number of small entities (5 allows EPA to adopt an alternative other Authority: 33 U.S.C. 1412 and 1418. U.S.C. §§ 604 & 605). EPA has than the least costly, most cost-effective § 228.15 [Amended] determined that this proposed rule will or least burdensome alternative if the not have a significant economic impact Administrator publishes with the final Under Extension Options on small entities since the amended site rule an explanation why that alternative 2. Option 1 for paragraph (l): designation will only have the effect of was not adopted. Before EPA establishes paragraphs (l) (3)(vii) and (3)(x) are 54120 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules amended by removing the words DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Jeff ‘‘December 31, 1996’’ each time they Holdren 202–452–7779, or Bernie Hyde occur, and adding in their place, Bureau of Land Management 202–452–5057. ‘‘December 31, 1998’’. 43 CFR Parts 1600, 1820, 1840, 1850, SUPPLEMENTARY INFORMATION: 3. Option 2 for paragraph (l): 1860, 1880, 2090, 2200, 2300, 2450, I. Public Comment Procedures paragraphs (l) (3)(vii) and (3)(x) are 2520, 2540, 2560, 2620, 2640, 2650, II. Background amended by removing the words 2720, 2800, 2810, 2880, 2910, 2920, III. Discussion of Proposed Rule ‘‘December 31, 1996’’ each time they 3000, 3100, 3120, 3150, 3160, 3180, IV. Procedural Matters occur, and adding in their place, ‘‘June 3200, 3240, 3250, 3260, 3280, 3410, I. Public Comment Procedures 30, 1998’’. 3420, 3430, 3450, 3470, 3480, 3500, Please provide written comments 4. Option 3 for paragraph (l): 3510, 3520, 3530, 3540, 3550, 3560, 3590, 3710, 3730, 3740, 3800, 3810, about the proposed rule which explain paragraphs (l) (3)(vii) and (3)(x) are the reason for any recommended amended by removing the words 3830, 3870, 4200, 4300, 4700, 5000, 5470, 5510, 8370, 9180 and 9230 changes to the addresses listed above. ‘‘December 31, 1996’’ each time they Please indicate the section or paragraph occur, and adding in their place, of the proposed rule on which you are ‘‘December 31, 1997’’. [WO±130±1820±00 24 1A] commenting. 5. Option 4 for paragraph (l): Comments received after the closing paragraphs (l) (3)(vii) and (3)(x) are RIN 1004±AC99 date of the comment period (see DATES) amended by removing the words or comments delivered to an address Appeals Procedures; Hearings other than those listed above (see ‘‘December 31, 1996’’ each time they Procedures occur, and adding in their place, ‘‘June ADDRESSES) may, but need not be, 30, 1997’’. AGENCY: Bureau of Land Management, considered or included in the Administrative Record for the final rule. 6. Option 5 for paragraph (l): Interior. paragraphs (l) (3)(vii) and (3)(x) are ACTION: Proposed rule. II. Background amended by removing the words SUMMARY: A. Introduction—Protests, Appeals, ‘‘December 31, 1996’’ each time they The Bureau of Land Management (BLM) proposes to amend Contests and Hearings occur, and adding in their place, ‘‘four its regulations that govern procedures This rule pertains to the following: months after such time as the LTMS for protests of proposed decisions, Protests—which are objections to any final EIS/EIR has been completed and a contests, appeals of BLM decisions and action proposed to be taken in any subsequent Record of Decision signed hearings. The proposed regulations proceeding before the BLM. A protest is by EPA’’. provide more consistent procedures for normally considered by the official who Under Volume Options administrative review of BLM decisions. has the next higher rank above the BLM The proposal also clarifies when and official who will make the proposed 7. Option 1 for paragraph (l): how BLM decisions go into effect and if decision, unless otherwise directed in a paragraph (l)(3)(vii) is amended by an appeal will or will not stay the notice of proposed decision, if such a removing the words ‘‘six million cubic effectiveness of a BLM decision. The notice is issued. yards’’ and adding in their place, ‘‘4.8 goal of the proposed regulation is to Appeals—which are requests under million cubic yards’’. present a single, streamlined part 4 of title 43 of the Code of Federal Regulations for a review of a BLM 8. Option 2 for paragraph (l): administrative review process for most of BLM’s decisions, thereby reducing decision. You may appeal a BLM paragraph (l)(3)(vii) is amended by costs and time spent on appeals by the decision if you are a party to a case and removing the words ‘‘six million cubic appellants, BLM and the Office of adversely affected by BLM’s decision. yards’’ and adding in their place, ‘‘two Hearings and Appeals (OHA). Contests—which are formal million cubic yards’’. proceedings regarding such matters as DATES: Comments: Submit comments by disputes over title to lands or the 9. Option 3 for paragraph (l): November 18, 1996. BLM will consider validity of mining claims as described paragraph (l)(3)(vii) is amended by comments received or postmarked on or in 43 CFR 4.450 and 4.451. Contests removing the words ‘‘six million cubic before this date in the preparation of the usually involve hearings. yards’’ and adding in their place, ‘‘five final rule. million cubic yards’’. Hearings—which are evidentiary and ADDRESSES: Commenters may hand- factfinding proceedings before an [FR Doc. 96–26630 Filed 10–16–96; 8:45 am] deliver comments to the Bureau of Land administrative law judge. They may be BILLING CODE 6560±50±P Management, Administrative Record, held in a variety of circumstances. The Room 401, 1620 L St., NW., Interior Board of Land Appeals (IBLA) Washington, DC.; or mail comments to may, on its own or at the request of an the Bureau of Land Management, appellant, order a hearing to resolve a Administrative Record, Room 401LS, factual dispute related to an appeal of a 1849 C Street, NW., Washington, DC. BLM decision. In some cases, a hearing 20240. Commenters may send must be on the record when statutorily comments through the internet to required. [email protected]. Please include ‘‘attn: AC99’’, and your B. Historical and Current Procedures name and return address in your The Department of the Interior Internet message. If you do not receive (Department) has been handling a confirmation from the system that we protests, appeals, contests and hearings have received your internet message, since its creation in 1849. From 1849 please contact us by telephone or mail. until BLM was created in 1946, the Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules 54121

Secretary, an under secretary, or an procedures and make them as consistent toward informal resolutions regarding assistant secretary signed decisions, as possible in this proposed rule, some disputes over decisions proposed or which made them final agency actions. variation in handling of protests, made by BLM before and after appeals Prior to 1970, decisions regarding the contests, hearings and appeals is still are filed. These informal reviews and public lands were reviewed in an necessary in BLM’s regulations due to discussions are intended to replace the administrative review process involving the wide variety of subject matter about unnecessarily formal mid-level reviews, review by the BLM Director and then by which BLM makes decisions. The such as State Director reviews, found in the Secretary. This procedure was proposed rule identifies these the existing regulations. criticized for a perceived lack of variations. B. Effect of Decisions impartiality. Thus, in 1970, OHA, and When seeking administrative review its component, the IBLA, were created. of a BLM decision, you should refer to Under the existing regulations in part 43 CFR 4.1. three places in the regulations: (1) The 4 of 43 CFR, except as provided by other Under current Department regulations which govern the specific regulations, BLM decisions do not go regulations, anyone who seeks to protest activity, (2) the regulations proposed for into effect during a 30-day appeals a proposed decision, appeal a BLM part 1840 of title 43 CFR which describe period. If an appeal and a petition for a decision, participate in a contest or seek general review procedures for BLM stay is filed during the 30-day appeals a hearing, is confronted with a wide decisions and (3) the regulations in part period, the decision does not go into variety of procedures described in title 4 of title 43 CFR which describe OHA effect for an additional 45 days or until 43 of the Code of Federal Regulations review procedures. Under 4.1(b) of title OHA denies the petition, whichever is (43 CFR). Because of decades of 43 CFR, if the general rules in subpart first. The 45-day period is used by OHA statutory changes and resulting B of part 4 conflict with a special rule to decide if a stay is warranted. If OHA regulatory amendments, Departmental in another subpart of title 43 CFR, the concludes that a stay is not warranted appeals procedures have become special rule governs. and denies the petition, the decision increasingly inconsistent. goes into effect when OHA denies the While parts 1840 and 1850 in 43 CFR III. Discussion of Proposed Rule petition. If the 45 days pass without a currently serve only as a cross reference A. Protests, Appeals, Contests and decision from OHA regarding the to OHA regulations in 43 CFR part 4, Hearings petition for a stay, the decision goes into over 40 other protest regulations and effect after the 45-day period. If a stay This proposed rule identifies the steps 100 other appeals regulations are found is granted, the decision does not go into a person would follow in order to seek in Chapter II of 43 CFR. Chapter II of 43 effect while the appeal is pending. If to protest a decision proposed by BLM, CFR also contains regulations regarding neither an appeal nor a request for a stay to appeal a decision made by BLM, or hearings, contests, administrative is filed, the decision goes into effect to participate in a contest or hearing remedies, and the effectiveness of after the 30-day appeal period. regarding a disputed matter. This decisions. As a result, anyone who Some regulations in chapter II of 43 proposed rule applies to these activities wants to protest a proposed decision or CFR provide for certain categories of with regard to decisions proposed to be to appeal a BLM decision may often decisions to go into effect immediately made or made by BLM under the have difficulty in understanding or and to remain in effect while appeals regulations found in chapter II of 43 following proper administrative are pending. The following categories of CFR. procedures. decisions will go into effect as provided The proposed rule amends the in the regulations cited below: C. Legal Authorities for Administrative regulations found in chapter II of 43 (1) Right-of-Way decisions under part Review CFR in three ways: (1) By eliminating 2800 (see § 2804.1); The Federal Land Policy and provisions which duplicate those found (2) Right-of-Way under the Mineral Management Act (FLPMA) establishes a in the proposed part 1840 regulations, Leasing Act decisions under part 2880 policy in favor of considering the views (2) by eliminating unnecessary steps in (see § 2884.1); of the general public in establishing the administrative review process where (3) Minimum impact permit decisions rules and regulations and structuring possible, and (3) by adding cross under subpart 2920 (see § 2920.2–2(b) as adjudication procedures to assure references to the proposed part 1840 published in 61 FR 32351 (1996)); adequate third party participation, and to part 4 of 43 CFR. In a few (4) Decisions to hold competitive oil objective administrative review of initial instances, certain protests, appeals, and gas lease sales under § 3120.1–3; decisions and expeditious contests and hearings regulations may (5) Onshore Oil and Gas Geophysical decisionmaking. 43 U.S.C. 1701(a). not follow the same general procedures Exploration decisions under subpart FLPMA also authorizes the Secretary of outlined in proposed part 1840. Those 3150 (see § 3150.2); the Interior to promulgate rules and regulations will describe the procedures (6) Onshore Oil and Gas Operations regulations to carry out the purposes of which differ from the provisions in decisions under part 3160 (see the FLPMA and of other laws applicable proposed part 1840. §§ 3165.3(e) and 3165.4(c)); to the public lands. 43 U.S.C. 1740. The proposed rule explains that, (7) Geothermal Resources Operations when a decision has been appealed, D. Proposed Procedures decisions under part 3260 (see § 3266.1); BLM is not prohibited from (8) Coal Lease Readjustments under BLM is proposing regulations to make reconsidering or discussing the § 3451.2; the procedures for filing protests and appealed decision with the appellant or (9) Coal Lease Termination decisions appeals more consistent and more other interested parties. If BLM decides for disqualified lessees under § 3472.1– readily understandable and accessible to to rescind or amend the appealed 2(e)(4) (ii) and (iii); members of the public. BLM is also decision as a result of additional review (10) Phosphate Lease Readjustments proposing to amend the regulations in or discussion with the appellant or under § 3511.4(b); Chapter II of 43 CFR wherever they other interested parties, it may do so by (11) Potassium Lease Readjustments describe protest, contest, appeals or requesting OHA to remand the matter under § 3531.4(b); hearings procedures. While BLM has for further action by BLM. BLM officials (12) Gilsonite Lease Readjustments attempted to streamline its appeals and appellants are encouraged to work under § 3551.4(b); 54122 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules

(13) Hardrock Mining Surface will apply to them. Also, this proposed accordance with 516 Departmental Management decisions under subpart rulemaking does not apply to protests Manual (DM), Chapter 2, Appendix 1, 3809 (see § 3809.4(f)); and appeals decided by the Board of Item 1.10, and that the proposed rule (14) Notices of closure to abate Contract Appeals under 43 CFR part 4, does not meet any of the 10 criteria for unauthorized grazing use under subpart C, or arising from Indian Affairs exceptions to categorical exclusions § 4150.2; as addressed under 43 CFR part 4, listed in 516 DM, Chapter 2, Appendix (15) Grazing decisions under group subpart D. 2. Under Council on Environmental 4100 (see § 4160.3); Quality regulations (40 CFR 1508.4) and D. Section by Section Description of the (16) Adopted Wild Horse and Burro the environmental policies and Rule removal decisions under § 4770.3; procedures of the Department of the (17) Forest Management decisions Section 1840.1—describes the Interior, the term ‘‘categorical under group 5000 (see § 5003.1); and purposes of the rule, which is to tell you exclusion’’ means a category of actions (18) Use authorization decisions how you may protest a decision which do not individually or under part 8370 (see § 8372.6). proposed by BLM, appeal a BLM cumulatively have a significant effect on The proposed rule amends the current decision, participate in a contest or seek the human environment and which way in which most BLM decisions are a hearing related to BLM decisions. have been found to have no such effect put in effect while appeals are pending. Section 1840.5—defines terms that in procedures adopted by a Federal The proposed rule describes three apply to this subpart and other protest, agency and for which neither an general classes of decisions, how those appeals, contest and hearings environmental assessment nor an classes of decisions will go into effect, regulations in chapter II of this title as environmental impact statement is and how an appeal may or may not amended by this rule. required. change the effectiveness of those classes Section 1840.7—describes what is not of decisions. covered by this subpart. Paperwork Reduction Act First, the proposed rule describes a Section 1841.10—describes what you This rule does not contain general rule under which BLM must submit when you want to file a information collection requirements that decisions will go into effect 30 days protest of a proposed decision. the Office of Management and Budget after the date of service of the decisions. Section 1841.11—explains how much must approve under 44 U.S.C. 3501. If an appeal is filed during this 30-day time you have to file a protest. appeals period, the general rule Section 1841.12—tells you where you Regulatory Flexibility Act provides that BLM decisions will be may file a protest. Congress enacted the Regulatory stayed while appeals are pending. Section 1842.10—describes who may Flexibility Act of 1980 (RFA) to ensure Under this provision, BLM may ask appeal a BLM decision regarding the that Government regulations do not OHA to put a decision into effect if public lands and resources. unnecessarily or disproportionately public interest requires. Section 1842.11—directs you to the burden small entities. The RFA requires Second, the proposed rule provides procedures in part 4 of 43 CFR for a regulatory flexibility analysis if a rule for an exception from the general rule additional information regarding would have a significant economic for those categories of decisions listed appeals procedures. impact, either detrimental or beneficial, above which go into effect and remain Section 1843.10—describes who may on a substantial number of small in effect while appeals are pending as file a contest. entities. BLM has determined that this provided in specific existing Section 1843.11—describes who may proposed rule would not have a regulations. request a hearing. significant economic impact on a Third, the proposed rule provides for Section 1844.10—explains that BLM substantial number of small entities a second exception for decisions which may reconsider a decision which has under the RFA (5 U.S.C. 601 et seq.). suspend use, occupancy or development been appealed by reviewing it or by of the public lands which must be put discussing it with the appellant or other Unfunded Mandates Reform Act in effect immediately in order to protect interested parties. BLM has determined that this health, safety or the environment. If a Section 1844.11—describes how and proposed rule will not result in the decision is placed in effect under either when decisions will go into effect. expenditure by State, local and tribal exception, the appellant may request a Section 1844.12—describes how you governments, in the aggregate, or by the stay of the decision under § 4.21(b) of 43 may request that a decision be stayed. private sector, of $100 million or more CFR. Section 1845—directs you to part 4, in any one year. Because hearings procedures are subparts A, B, and E, of 43 CFR for more located in part 4 of 43 CFR to which detailed information concerning Executive Order 12612 proposed part 1840 refers, BLM is administrative review procedures. The proposed rule does not have a proposing to delete part 1850 of 43 CFR substantial direct effect on the States, on from the regulations. IV. Procedural Matters the relationship between the national The principal authors of this government and the States, or on the C. Scope of Rule proposed rule are members of the distribution of power and Except as specifically provided, this Protest and Appeals Redesign Team, responsibilities among the various proposed rule does not apply to protests under the leadership of Jeff Holdren and levels of government. Therefore, BLM of BLM’s planning recommendations Bernie Hyde, assisted by the staff of the has determined that this proposed rule (see 43 CFR 1610.5–2 and 1610.5–5), Regulatory Management Team. does not have sufficient federalism protests of proposed and initial implications to warrant BLM’s National Environmental Policy Act classification decisions (see 43 CFR part preparation of a federalism assessment. 2400), or protests or appeals of grazing BLM has determined that this decisions (see 43 CFR part 4100). proposed rule is categorically excluded Executive Order 12630 However, 43 CFR parts 1600, 2400, and from environmental review under The proposed rule does not represent 4100 may be modified in the future so section 102(2)(C) of the National a government action that interferes with that the protest provisions in part 1840 Environmental Policy Act, in constitutionally protected property Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules 54123 rights or would result in a taking of 43 CFR Part 2520 43 CFR Part 2920 private property. Irrigation, Land Management Bureau, Land Management Bureau, Public Executive Order 12866 Public lands, Reclamation, Reporting lands, Reporting and recordkeeping and recordkeeping requirements. The proposed rule is not significant requirements. regulatory action under section 3(f) of 43 CFR Part 2540 43 CFR Part 3000 Executive Order 12866 and, Land Management Bureau, Public Land Management Bureau, Public accordingly, is not subject to review by lands, Public lands—sale, Reporting and lands-mineral resources. the Office of Management and Budget. recordkeeping requirements. 43 CFR Part 3100 List of Subjects 43 CFR Part 2560 Government contracts, Land 43 CFR Part 1600 Alaska, Homesteads, Indians-lands, Management Bureau, Mineral royalties, Administrative practice and Land Management Bureau, Public lands, Oil and gas exploration, Public lands- procedure, Environmental impact Public lands-sale, Reporting and mineral resources, Reporting and statements, Indians, Intergovernmental recordkeeping requirements. recordkeeping requirements, Surety relations, Public lands. 43 CFR Part 2620 bonds. 43 CFR Part 1820 Alaska, Intergovernmental relations, 43 CFR Part 3120 Administrative practice and Land Management Bureau, Public lands- Government contracts, Land procedure, Alaska, Archives and grants, Public lands-mineral resources. Management Bureau, Oil and gas records, Land Management Bureau, 43 CFR Part 2640 exploration, Public lands-mineral Public lands. resources, Reporting and recordkeeping Airports, Land Management Bureau, requirements. 43 CFR Part 1840 Public lands-grants. 43 CFR Part 3150 Administrative practice and 43 CFR Part 2650 procedure, Land Management Bureau, Oil and gas exploration, Public lands- Public lands. Administrative practice and procedure, Alaska, Federal buildings mineral resources, Reporting and 43 CFR Part 1850 and facilities, Indians-claims, Indians- recordkeeping requirements, Surety bonds. Administrative practice and lands, Land Management Bureau, procedure, Land Management Bureau, National forests, Public land-grants, 43 CFR Part 3160 Public lands. Wildlife refuges. Government contracts, Indians-lands, 43 CFR Part 1860 43 CFR Part 2710 Land Management Bureau, Mineral Administrative practice and Administrative practice and royalties, Oil and gas exploration, procedure, Land Management Bureau, procedure, Land Management Bureau, Penalties, Public lands-mineral Public lands. Public lands-mineral resources, Public resources, Reporting and recordkeeping lands-sale. requirements. 43 CFR Part 1880 43 CFR Part 3180 Administrative practice and 43 CFR Part 2720 procedure, Civil rights, Grants Administrative practice and Government contracts, Land programs—natural resources, procedure, Land Management Bureau, Management Bureau, Oil and gas Intergovernmental relations, Land Public lands-mineral resources, Public exploration, Public lands-mineral Management Bureau, Loan programs— lands-sale. resources, Surety bonds. natural resources, Public lands, Public 43 CFR Part 2800 43 CFR Part 3200 lands-mineral resources. Communications, Electric power, Geothermal energy, Government 43 CFR Part 2090 Highways and roads, Land Management contracts, Land Management Bureau, Airports, Alaska, Coal, Grazing lands, Bureau, Pipelines, Public lands-rights- Mineral royalties, Public lands-mineral Indians—lands, Land Management of-way, Reporting and recordkeeping resources, Reporting and recordkeeping Bureau, Public lands, Public lands— requirements. requirements, Surety bonds. classification, Public lands—mineral 43 CFR Part 2810 43 CFR Part 3240 resources, Public lands—withdrawal, Seashores, Veterans. Highways and roads, Land Geothermal energy, Government Management Bureau, Public lands- contracts, Land Management Bureau, 43 CFR Part 2200 rights-of-way, Reporting and Mineral royalties, Public lands-mineral Land Management Bureau, National recordkeeping requirements. resources, Reporting and recordkeeping forests, Public lands. requirements, Water resources. 43 CFR Part 2880 43 CFR Part 3250 43 CFR Part 2300 Administrative practice and Administrative practice and procedure, Common carriers, Land Geothermal energy, Government procedure, Electric power, Federal Management Bureau, Pipelines, Public contracts, Land Management Bureau, Energy Regulatory Commission, Land lands-rights-of-way, Reporting and Public lands-mineral resources, Management Bureau, Public lands— recordkeeping requirements. Reporting and recordkeeping withdrawal. requirements, Surety bonds. 43 CFR Part 2910 43 CFR Part 2450 Airports, Alaska, Land Management 43 CFR Part 3260 Administrative practice and Bureau, Public lands, Recreation and Environmental protection, procedure, Land Management Bureau, recreation areas, Waste treatment and Geothermal energy, Government Public lands—classification. disposal. contracts, Land Management Bureau, 54124 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules

Public lands-mineral resources, 43 CFR Part 3520 43 CFR Part 3870 Reporting and recordkeeping Government contracts, Land requirements. Administrative practice and Management Bureau, Public lands- procedure, Land Management Bureau, 43 CFR Part 3280 mineral resources. Mines, Public lands-mineral resources, Geothermal energy, Government 43 CFR Part 3530 Reporting and recordkeeping requirements. contracts, Land Management Bureau, Government contracts, Mineral Public lands-mineral resources, royalties, Mines, Potassium, Public 43 CFR Part 4200 Reporting and recordkeeping lands-mineral resources, Reporting and requirements, Surety bonds. recordkeeping requirements, Surety Administrative practice and bonds. procedure, Alaska, Grazing lands, Land 43 CFR Part 3410 Management Bureau, Livestock, Range 43 CFR Part 3540 Administrative practice and management. procedure, Coal, Land Management Land Management Bureau, Public 43 CFR Part 4300 Bureau, Mines, Public lands-mineral lands-mineral resources. Administrative practice and resources, Reporting and recordkeeping 43 CFR Part 3550 requirements, Surety bonds. procedure, Alaska, Grazing lands, Land Land Management Bureau, Public Management Bureau, Range 43 CFR Part 3420 lands-mineral resources. Management, Reindeer, Reporting and Administrative practice and 43 CFR Part 3560 recordkeeping requirements procedure, Coal, Government contracts, Government contracts, Land 43 CFR Part 4700 Intergovernmental relations, Land Management Bureau, Mineral royalties, Management Bureau, Mines, Public Horses, Intergovernmental relations, Public lands-mineral resources, Surety lands-mineral resources, Reporting and Land Management Bureau, Penalties, bonds. recordkeeping requirements. Public lands, Range management, 43 CFR Part 3590 Reporting and recordkeeping 43 CFR Part 3430 requirements, Wildlife. Environmental protection, Administrative practice and Government contracts, Indian-lands, 43 CFR Part 5000 procedure, Coal, Government contracts, Mines, Public lands-mineral resources, Intergovernmental relations, Land Reporting and recordkeeping Administrative practice and Management Bureau, Mines, Public requirements. procedure, Forests and forest products, lands-mineral resources, Public lands- Land Management Bureau, Public lands. 43 CFR Part 3710 rights-of-way, Reporting and 43 CFR Part 5470 recordkeeping requirements. Administrative practice and Forests and forest products, 43 CFR Part 3450 procedure, Land Management Bureau, Mines, Public lands-mineral resources. Government contracts, Land Coal, Government contracts, Management Bureau, Public lands, 43 CFR Part 3730 Intergovernmental relations, Land Reporting and recordkeeping Management Bureau, Mines, Public Administrative practice and requirements. procedure, Land Management Bureau, lands-mineral resources, Reporting and 43 CFR Part 5510 recordkeeping requirements. Mines, Public lands-mineral resources, Reporting and recordkeeping Forests and forest products, Land 43 CFR Part 3470 requirements, Surety bonds. Management Bureau, Public lands. Coal, Government contracts, Land 43 CFR Part 3740 43 CFR Part 8370 Management Bureau, Mineral royalties, Administrative practice and Mines, Public lands-mineral resources, Land Management Bureau, Penalties, procedure, Land Management Bureau, Reporting and recordkeeping Public lands, Recreation and recreation Mines, Public lands-mineral resources. requirements, Surety bonds. areas, Reporting and recordkeeping 43 CFR Part 3480 43 CFR Part 3800 requirements, Surety bonds. Administrative practice and 43 CFR Part 9180 Government contracts, procedure, Environmental protection, Intergovernmental relations, Land Intergovernmental relations, Land Land Management Bureau, Public Management Bureau, Mineral royalties, Management Bureau, Mines, Public lands, Reporting and recordkeeping Mines, Public lands-mineral resources, lands-mineral resources, Reporting and requirements. Reporting and recordkeeping recordkeeping requirements, Surety 43 CFR Part 9230 requirements. bonds, Wilderness areas. 43 CFR Part 3500 Land Management Bureau, Penalties, 43 CFR Part 3810 Public lands. Government contracts, Land Land Management Bureau, Mines, Management Bureau, Mineral royalties, Dated: September 27, 1996. Public lands-mineral resources, Sylvia V. Baca, Public lands-mineral resources, Reporting and recordkeeping Deputy Assistant Secretary of the Interior. Reporting and recordkeeping requirements. requirements, Surety bonds. For the reasons set forth in the 43 CFR Part 3830 preamble and under the authority of 43 43 CFR Part 3510 Land Management Bureau, Mineral U.S.C. 1740, BLM proposes to amend Land Management Bureau, Public royalties, Mines, Public lands-mineral subchapter A, chapter II, subtitle B of lands-mineral resources, Reporting and resources, Reporting and recordkeeping Title 43 of the Code of Federal recordkeeping requirements. requirements. Regulations as follows: Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules 54125

PART 1600ÐPLANNING, PART 1840ÐPROTESTS, APPEALS, Contest means a formal proceeding PROGRAMMING, BUDGETING CONTESTS, AND HEARINGS referred to in either sections 4.450 or PROCEDURES 4.451 of this title. 1. The authority citation for part 1600 Decision and BLM Decision mean a is revised to read as follows: Subpart 1840ÐProtests, Appeals, Contests, decision by BLM officials which is and HearingsÐGeneral subject to appeal under part 4 of this Authority: 43 U.S.C. 1740. Sec. title, including but not limited to, 1840.1 What are the purposes of this notices of decision, notices of violation, 2. Section 1610.5–3 is amended by subpart? revising paragraph (b) to read as follows: notices of incidents of non-compliance, 1840.5 Definitions. records of decision, orders, instructions, 1840.7 What is not covered by this subpart? § 1610.5±3 Conformity and Protests and assessments. Implementation. 1841.10 What must I submit with a protest? Hearing means an evidentiary or * * * * * 1841.11 How long do I have to file a factfinding proceeding before an administrative law judge under § 4.415 (b) Within a reasonable time after a protest? 1841.12 Where may I file a protest? and 4.470 of this title and under plan is approved or amended, subject to Appeals regulations contained within Chapter II valid existing rights, the District or Area 1842.10 Who may appeal a BLM decision of this title which may require a hearing Manager will take action to make regarding the public lands and and other applicable laws. See § 4.420 operations and activities under existing resources? through 4.439 and § 4.452 through 4.478 1842.11 How do I appeal a BLM decision permits, contracts, cooperative of this title for hearings procedures. In agreements or other instruments for regarding public lands and resources? Contests and Hearings some cases, a hearing must be ‘‘on the occupancy and use conform to the 1843.10 Who can file a contest? record’’ when statutorily required to be approved plan or amendment to the 1843.11 Who can request a hearing? so. extent applicable laws and regulations Decisions Protest means any objection to any or the existing permits, contracts, 1844.10 May BLM reconsider a decision action proposed to be taken by BLM. cooperative agreements or other which has been appealed? See § 4.450–2 of this title. instruments of occupancy and use 1844.11 When will BLM decisions go into Stay means injunction in the form of effect? allow. Any party adversely affected by an order or regulation which stops a 1844.12 How can I request that a decision BLM decision from going into effect or this action by the District or Area be stayed? Manager may appeal the action in 1845.10 Where can I find more information suspends the effectiveness of a BLM accordance with parts 4 and 1840 of this on appeals, contests, and hearings decision. procedures? title. § 1840.7 What is not covered by this * * * * * Authority: 43 U.S.C. 1740. subpart? Except as specifically provided, this Subpart 1840ÐProtests, Appeals, Group 1800ÐPublic Administrative subpart does not apply to: Procedures Contests, and Hearings (a) protests to planning decisions § 1840.1 What are the purposes of this made under § 1610.5–2 and 1610.5–5 of PART 1820ÐAPPLICATION part? this title; PROCEDURES (a) Except as noted in § 1840.7 below, (b) protests to proposed or initial this part tells you how you may: classification decisions made under the 3. An authority citation for part 1820 provisions of part 2400 of this title; or (1) protest a decision proposed by is added to read as follows: (c) grazing decisions issued under BLM; Authority: 43 U.S.C. 1740. part 4100 of this title; or (2) appeal from a BLM decision; or (d) protests and appeals which are 4. Section 1821.2–2 is amended by (3) seek a contest or hearing related to decided by the Board of Contract revising paragraph (b) to read as follows: BLM decisions. Appeals under 43 CFR part 4, subpart C. (b) This part is to be used in § 1821.2±2 Time limit for filing documents. conjunction with the procedures set out Protests * * * * * in subparts A, B, and E of part 4 of this § 1841.10 What must I submit with a title. Under § 4.1(b) of this title, if the (b) If you are adversely affected by a protest? general rules in subpart B of part 4 Unless otherwise provided in other decision, to reject an application may conflict with a special rule in another appeal the decision in accordance with regulations in this Chapter II, you must subpart of this title, the special rule submit: parts 4 and 1840 of this title. governs. Alternatively, if not precluded by other (a) your objections to or concerns about the proposed decision, and why law or regulation, the party may file a § 1840.5 Definitions. you feel the proposed decision is wrong; new and properly executed application The following definitions apply in and, this subpart and in other regulations in or re-execute the rejected application. (b) the reasons, if any, why you chapter II of this title which are related The re-executed application will not believe you would be adversely affected to protests, appeals, contests or relate back to the date of first execution. by the proposed decision. hearings: 5. The authority citation for subparts 1821, 1822, 1823, 1824, 1825, and 1826 Adversely Affected Party means a § 1841.11 How long do I have to file a party who may appeal, or seek a hearing protest? is removed. on, a decision of the BLM as provided (a) If a proposed decision is issued to 6. Part 1840 is revised to read as in part 4 of this title. you, it will inform you how long you follows: Appeal means a request for review of have to file a protest from the date you a BLM decision under part 4 of this title. receive the notice of the proposed See part 4 of this title. decision. 54126 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules

(b) If the proposed decision is this section, if an adversely affected to protect health, safety or the published in the Federal Register or in party appeals the decision in environment. some other way, you may file a protest accordance with this part and part 4 of (d) A decision which is in effect as specified in the publication. this title, the decision is stayed while under paragraph (b) or (c) of this section (c) If a regulation in this Chapter II the appeal is pending. will remain in effect unless a petition provides for a specific time period for (2) BLM may request, in writing, the for a stay is granted under § 4.21(b) of protests, you may file a protest in that Director of the Office of Hearings and this title. time period. Appeals or the Interior Board of Land (d) In all other cases, you may file a Appeals to place a decision, or any part § 1844.12 How can I request that a decision be stayed? protest until the BLM decision is made. of it, which is not effective or has been stayed under this paragraph, into effect You may request a stay of a decision § 1841.12 Where may I file a protest? immediately when the public interest which is in effect under § 1844.11(b) or You may file a protest at the BLM requires. (c) by filing a petition in accordance office in which the proposed decision (b) The regulations listed below with § 4.21(b) of this title, which sets will be made. provide that certain BLM decisions will out criteria and procedures for requesting stays. Appeals remain effective during the time a notice of appeal may be filed or while an § 1845.10 Where can I find more § 1842.10 Who may appeal a BLM decision appeal is pending. Decisions made information on appeals, contests, and regarding the public lands and resources? under the following regulations will go hearings procedures? You may appeal a BLM decision if into effect as provided in the You can find more information on the you are an adversely affected party. regulations: procedures of the Department of the (1) Right-of-Way decisions under part § 1842.11 How do I appeal a BLM decision Interior’s Office of Hearings and regarding public lands and resources? 2800 (see § 2804.1); Appeals for appeals, contests, and (2) Right-of-Way under the Mineral You may appeal a BLM decision by hearings procedure in part 4, subparts Leasing Act decisions under part 2880 A, B and E, of this title. following the procedures described in (see § 2884.1); the applicable provisions of this subpart (3) Minimum impact permit decisions PART 1850ÐHEARINGS and part 4 of this title. under subpart 2920 (see § 2920.2–2(b) as PROCEDURESÐ[REMOVED] Contests and Hearings published in 61 FR 32351 (1996)); (4) Decisions to hold competitive oil 7. Part 1850 is removed. § 1843.10 Who may file a contest? and gas lease sales under § 3120.1–3; PART 1860ÐCONVEYANCES, A contest may be initiated by a (5) Onshore Oil and Gas Geophysical DISCLAIMERS AND CORRECTION private entity or by a government Exploration decisions under subpart DOCUMENTS agency such as BLM or the Department. 3150 (see § 3150.2); See § 4.450 and § 4.451 of this title. (6) Onshore Oil and Gas Operations 8. An authority citation for part 1860 decisions under part 3160 (see is added to read as follows: § 1843.11 Who may request a hearing? §§ 3165.3(e) and 3165.4(c)); (a) Anyone who is a party to an Authority: R.S. 2450, as amended; 43 (7) Geothermal Resources Operations U.S.C. 1161, 1201, 1740 and 1745. appeal before the Interior Board of Land decisions under part 3260 (see § 3266.1); Appeals (see § 4.415 of this title) and (8) Coal Lease Readjustments under 9. The authority citation for subpart (b) Anyone who may properly seek a § 3451.2; 1862 is removed. hearing under any pertinent statutes or (9) Coal Lease Termination decisions 10. The authority citation for subpart applicable regulations. for disqualified lessees under § 3472.1– 1863 is removed. 11. Section 1864.4 is revised to read 2(e)(4)(ii) and (iii); Decisions as follows: (10) Phosphate Lease Readjustments § 1844.10 May BLM reconsider a decision under § 3511.4(b); § 1864.4 Appeals. which has been appealed? (11) Potassium Lease Readjustments Any party adversely affected by a BLM is not prohibited from under § 3531.4(b); BLM decision made under this subpart reconsidering or discussing matters (12) Gilsonite Lease Readjustments may appeal the decision in accordance which have been appealed with the under § 3551.4(b); with parts 4 and 1840 of this title. appellant. If BLM decides to rescind or (13) Hardrock Mining Surface 12. Section 1865.4 is revised to read amend the appealed decision as a result Management decisions under subpart as follows: of the reconsideration or discussion, it 3809 (see § 3809.4(f)); may do so by requesting the Office of (14) Notices of closure to abate § 1865.4 Appeals. Hearings and Appeals in writing to unauthorized grazing use under Any party adversely affected by a remand the matter for further action by § 4150.2; BLM decision made under this subpart BLM. (15) Grazing decisions under group may appeal the decision in accordance 4100 (see § 4160.3); with parts 4 and 1840 of this title. § 1844.11 When will BLM decisions go into (16) Adopted Wild Horse and Burro effect? removal decisions under § 4770.3; PART 1880ÐFINANCIAL ASSISTANCE, (a)(1) Except as otherwise provided in (17) Forest Management decisions LOCAL GOVERNMENTS this section, BLM decisions issued under group 5000 (see § 5003.1); and 13. An authority citation for part 1880 under this title will go into effect 30 (18) Use authorization decisions is added to read as follows: days after the date of service of the under part 8370 (see § 8372.6). decision. If a decision is published in (c) BLM may place a decision which Authority: Pub. L. No. 94–565, 90 Stat. the Federal Register, it will go into temporarily suspends use, occupancy or 2662, 31 U.S.C. 1601–1607; and 43 U.S.C. effect 30 days after the date of development of the public lands into 1740. publication. However, except as effect immediately if it finds that 14. The authority citation for subpart provided in paragraphs (b) and (c) of immediate implementation is necessary 1881 is removed. Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules 54127

15. The authority citation for subpart Act (36 Stat. 584; 30 U.S.C. 84), BLM for lands under the entry or claim will 1882 is removed. will allow any person filing a non- reserve the oil and gas to the United 16. Paragraphs (b) and (e) of § 1881.3 mineral application or filing for lands States. are revised to read as follows: classified as coal lands 30 days in which (2) If the Geological Survey reports to submit evidence, preferably in the § 1881.3 Protests. that land included in a non-mineral form of statements of experts or entry or claim is in an area in which * * * * * practical miners, that the land is in fact (b) Any affected unit of local not coal in character, together with an valuable deposits of oil and gas may government may protest the results of application that BLM reclassify the occur after an entryman has submitted the computations of its payment to BLM land. BLM will reject the application if acceptable final proof or perfected a in accordance with part 1840 and part the applicant fails to furnish any claim, BLM will not rely on the report 4 of this title. evidence within the time specified. If, in order to reserve the oil and gas unless * * * * * after considering the evidence presented it can prove that the land was known to (e) BLM will consult with the affected and after other appropriate inquiry, be of mineral character on or before the unit of local government and the BLM classifies the land as agricultural date on which the entryman submitted administering agency to resolve land, in the absence of other objections, acceptable final proof or the claim was conflicts in land records and other data BLM will allow the non-mineral perfected, according to the established sources. application. If BLM denies criteria for distinguishing mineral from 17. Section 1881.4 is revised to read reclassification, the applicant may, non-mineral lands, including the as follows: within 30 days from receipt of notice, criteria recognized by the Supreme § 1881.4 Appeals. apply for a hearing in accordance with Court in United States v. Southern parts 4 and 1840 of this title, at which Any unit of local government which Pacific Company et al. (251 U.S. 1, 64 he or she will have the burden of proof is adversely affected by BLM’s rejection L. ed. 97). If BLM decides to reclassify for showing that the classification is of a protest filed under this subpart may the lands for the reasons stated above improper. If he or she fails to apply for appeal the rejection in accordance with and, after notification, the entryman a hearing within the time allowed, BLM parts 4 and 1840 of this title. disagrees with BLM’s decision within a will reject his or her application to enter reasonable time, BLM will seek a PART 2090ÐSPECIAL LAWS AND or file. The rejection of the application hearing in accordance with parts 4 and does not preclude the person from filing RULES 1840 of this title. BLM has the burden another application under section 2 of of proof for justifying the 18. An authority citation for part 2090 the Act. is added to read as follows: 24. Section 2093.3–3 is amended by reclassification. If the entryman fails to revising paragraphs (c), (d)(1)(iv) and answer BLM’s allegations within the Authority: 16 U.S.C. 3124; 30 U.S.C. 189; time allowed, the entry or claim and any 43 U.S.C. 322, 641, 1201, 1624, and 1740. (d)(2)(ii) to read as follows: patent issued the lands under the entry 19. The authority citation for subpart § 2093.3±3 Procedures. or claim will reserve the oil or gas to the 2093 is removed. * * * * * United States. 20. The authority citation for subpart (c) Notice to entryman; action by * * * * * 2094 is removed. entryman. (1) BLM will notify an 21. In § 2091.07, the last sentence of entryman or claimant if the Geological (d) Applications to disprove paragraph (a) is revised to read as Survey reports that land included in a classification of land; hearing. (1) * * * follows: non-mineral entry or claim, on which (iv) If the application is denied, the § 2091.07 Principles. final proof has not been submitted or applicant may, within 30 days from (a) * * * If a BLM decision regarding which has not been perfected, is in an notice of the denial, seek a hearing to an application, selection, sale, location, area in which valuable deposits of oil disprove the classification in entry, claim or settlement has been and gas may occur, because no reliable accordance with parts 4 and 1840 of this appealed in accordance with parts 4 and evidence exists that the land contains title. If the applicant fails to seek a 1840 of this title, the segregation geological structures which are not hearing within the time allowed, BLM continues in effect until publication of favorable to oil and gas accumulation. will reject the application to locate, an opening order. After notifying the entryman or select, enter or purchase. claimant, BLM will give the entryman or * * * * * claimant a reasonable time to apply for * * * * * 22. In § 2093.0–3, the last sentence of reclassification of the land as non- (2) * * * paragraph (a) is revised to read as mineral and to submit evidence in follows: (ii) Claimants to whom this provision support of the reclassification. If BLM applies may file an application for a § 2093.0±3 Authority. denies the reclassification request, the classification of the land as non- (a) * * * Any party adversely affected entryman or claimant may seek a mineral, together with the evidence by a BLM decision made under this hearing regarding the reclassification prescribed here to be filed by an original request or appeal BLM’s decision subpart may appeal the decision in applicant with his request for denying the reclassification request in accordance with parts 4 and 1840 of this classification with the BLM office accordance with parts 4 and 1840 of this title. having jurisdiction. If BLM denies the * * * * * title. If a hearing is ordered, the entryman or claimant has the burden of application, the claimant has 30 days 23. In § 2093.2–3, paragraph (b) is from receipt of the notice of the denial revised to read as follows: proof to show that BLM’s denial of the reclassification was in error. If the to seek a hearing to establish the non- § 2093.2±3 Procedures. entryman or claimant does not seek a mineral character of the land in * * * * * hearing or appeal the BLM decision accordance with parts 4 and 1840 of this (b) Hearing. Except for persons who denying the request for reclassification, title. file applications under section 2 of the the entry or claim and any patent issued * * * * * 54128 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules

PART 2200ÐEXCHANGES: GENERAL stating his or her objections in writing, title by any person seeking to acquire PROCEDURES and requesting the BLM Director to title to or to claim an interest in the land review BLM’s findings and involved against a party to any desert- 25. The authority citation for part recommendations. BLM will advise the land entry because of priority of claim 2200 is revised to read as follows: applicant of the BLM Director’s decision or for any sufficient cause affecting the Authority: 43 U.S.C. 1740. within 30 days of receipt of the legality or validity of the claim not 26. In § 2201.1, paragraph (g) is applicant’s protest in BLM’s shown by the BLM records. revised to read as follows: Washington Office. The applicant’s * * * * * protest and the BLM Director’s decision 37. Section 2522.2 is revised to read § 2201.1 Agreement to initiate an must be made part of the case file and as follows: exchange. thereafter the case file must be * * * * * submitted to the Secretary. § 2522.2 Procedure on applications for (g) BLM’s withdrawal from or (2) If the applicant disagrees with the extensions of time, where contest is pending. termination of an exchange proposal or decision of the BLM Director, he/she its agreement to begin an exchange, at may, within 30 days of receipt by the (a) A pending contest against a desert- any time prior to a notice of decision, applicant of the BLM Director’s land entry will not prevent BLM from under § 2201.7–1, may not be protested decision, submit to the Secretary a granting an application for extension of or appealed. statement of reasons for disagreement. time, where the contest affidavit does 27. Section 2201.7–1 is amended by The statement will be considered by the not charge facts tending to overcome the revising paragraphs (b) and (c) to read Secretary together with BLM’s findings prima facie showing of a right to such as follows: and recommendations, the applicant’s an extension (41 L.D. 603). protest, the decision of the BLM (b) BLM will not defer its § 2201.7±1 Notice of decision. Director, the balance of the case file and consideration of an application for * * * * * any additional information the Secretary extension of time because of a pending (b) For a period of 45 days after the may request. contest against the entry in question date of publication of a notice of the unless the contest charges are sufficient, availability of a decision to approve or PART 2450ÐPETITION-APPLICATION if proven, to negate the right of the disapprove an exchange proposal, the CLASSIFICATION SYSTEM entryman to an extension of time for decision will be subject to protest in making final proof. If the contest accordance with parts 4 and 1840 of this 31. An authority citation for part 2450 charges are insufficient to negate the title. is added to read as follows: right of the entryman to an extension of (c) Any party adversely affected by Authority: 43 U.S.C. 1740. time for making final proof, BLM will BLM’s decision on a protest may appeal 32. In § 2450.5, paragraphs (d) is grant the application for extension if the that decision in accordance with parts 4 removed. application is regular in all respects and and 1840 of this title. dismiss the contest subject to the right 28. Section 2201.7–2 is amended by PART 2520ÐDESERT LAND ENTRIES of appeal, but without prejudice to the revising paragraph (b)(4) to read as contestant’s right to amend his or her follows: 33. The authority citation for part charges. 2520 is revised to read as follows: § 2201.7±2 Exchange agreement. Authority: R.S. 2478; 43 U.S.C. 1201 and PART 2540ÐCOLOR-OF-TITLE AND (b)* * * 1740. OMITTED LANDS (4) Any BLM decision to approve an 34. In § 2520.0–7, paragraph (b) is 38. An authority citation for Part 2540 exchange in response to a protest under revised to read as follows: is added to read as follows: § 2201.7–1 has been affirmed if appealed in accordance with parts 4 and § 2520.0±7 Cross references. Authority: 43 U.S.C. 1740. 1840 of this title; and * * * * * 39. In § 2541.5, paragraph (a) is * * * * * (b) For protests, appeals, contests and revised to read as follows: hearings procedures, see parts 4 and PART 2300ÐLAND WITHDRAWALS § 2541.5 Publication; protests and 1840 of this title. contests. 35. Section 2521.6 is amended by 29. The authority citation for part (a) The applicant must publish a revising the last sentence of paragraph 2300 continues to read as follows: notice once a week for four consecutive (i)(2) to read as follows: Authority: 43 U.S.C. 1201; 43 U.S.C. 1740; weeks in accordance with § 1824.3 of E.O. 10355 (17 FR 4831, 4833). § 2521.6 Final proof. this title, at the applicant’s expense, in 30. In § 2310.3–2, paragraphs (f)(1) * * * * * a newspaper and in a form designated and (f)(2) are revised to read as follows: (1) * * * by BLM. The purpose of the notice is to (2) * * * In default of any action by give anyone who may claim the land § 2310.3±2 Development and processing the claimant within the specified time, adversely against the applicant an of the case file for submission to the BLM will reject the proof. Any claimant opportunity to file a protest or contest Secretary. adversely affected by BLM’s rejection of to the issuance of patent under the * * * * * a proof under this section may appeal application in accordance with parts 4 (f) * * * the rejection decision in accordance and 1840 of this title. Anyone who (1) If the applicant objects to BLM’s with parts 4 and 1840 of this title. protests or contests the issuance of findings and recommendations to the 36. In § 2521.8, paragraph (a) is patent must serve a copy of the protest Secretary, the applicant may, within 30 revised to read as follows: or contest on the applicant and furnish days of receipt by the applicant of BLM with evidence of the service. BLM notification thereof, protest the findings § 2521.8 Contests. will post a copy of the notice for and recommendations in accordance (a) Contests may be initiated in publication in the appropriate office with parts 4 and 1840 of this title, accordance with parts 4 and 1840 of this during the entire period of publication. Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules 54129

Before to patent issuance, the applicant enable the statement of the publisher to 45. Section 2545.3 is revised to read must give BLM copies of the published be filed. The purpose of the notice is to as follows: notice and the statement of the give all persons who may claim the publisher, which will serve as evidence lands adversely to the applicant an § 2545.3 Publication and posting. that the notice was published for the opportunity during the publication Upon payment of the appraised price, required period. period to file a protest or contest in BLM will issue a notice of application. * * * * * accordance with parts 4 and 1840 of this The applicant must pay for publication 40. Section 2542.3 is revised to read title. Protests and contests must be of the notice of the application at his/ as follows: corroborated. Anyone who files a her own expense in a newspaper of protest or contest must serve a copy on general circulation, designated by BLM, § 2542.3 Publication and posting of notice. the applicant and must furnish BLM in the vicinity of the applied-for lands. If upon consideration of the with evidence of the service. BLM will The notice must be published once a application BLM determines that the post a copy of the notice for publication week for five consecutive weeks applicant is entitled to purchase the in the appropriate office during the immediately before the date of sale. land applied for, the applicant, at the entire period of publication. Before to However, a sufficient time must elapse applicant’s expense, must publish the date fixed for the sale, the applicant between the date of last publication and notice of the application in a form must give BLM copies of the published the date that patent is issued to enable designated by the BLM and in a notice and the statement of the the statement of the publisher to be newspaper of general circulation in the publisher, which will serve as evidence filed. The purpose of the notice is to county in which the land applied for is that the notice was published for the give all persons who may claim the located. The purpose of this notice is to required period. lands adversely to the applicant an give all persons who may claim the 43. Section 2543.5 is revised to read opportunity to file a protest or contest lands adversely to the applicant or who as follows: in accordance with parts 4 and 1840 of may have a bona fide objection to the this title. Protests and contests must be proposed purchase an opportunity to § 2543.5 Patent. corroborated. Anyone who files a file a protest or contest in accordance If the applicant submits satisfactory protest or contest must serve a copy on with parts 4 and 1840 of this title before proof and no one has filed a protest or the applicant and must furnish BLM the purchase is completed. Anyone who contest against the application in with evidence of the service. BLM will protests or contests the purchase must accordance with parts 4 and 1840 of this post a copy of the notice of application serve a copy of the protest or contest on title, BLM will issue the applied-for in the appropriate office during the the applicant and must furnish BLM patent. entire period of publication. Before with evidence of the service. BLM will patent issuance, the applicant must give 44. Section 2544.4 is revised to read post a copy of the notice for publication BLM copies of the published notice and as follows: in the appropriate office during the the statement of the publisher, which entire period of publication. Before, to § 2544.4 Publication and posting. will serve as evidence that the notice was published for the required period. purchase, the applicant must give BLM Upon payment of the appraised price copies of the published notice and the 46. In § 2546.3, paragraph (a) is of the land, BLM will issue a notice of revised to read as follows: statement of the publisher, which will application. In accordance with § 1824.3 serve as evidence that the notice was of this title, the notice must be § 2546.3 Payment and publication. published for the required period. published at the expense of the 41. In § 2542.4, paragraph (a) is (a) Before lands may be sold to a applicant in a newspaper of general revised to read as follows: qualified preference-right claimant, the circulation, designated by the BLM, in claimant must pay the purchase price of § 2542.4 Patent. the vicinity of the applied-for lands, the lands and must publish a notice, (a) If the applicant submits once a week for five consecutive weeks once a week for four consecutive weeks, satisfactory proof of publication and no immediately prior to the date of sale. at his/her expense, in a newspaper and one has filed a protest or contest against However, a sufficient time must elapse format designated by BLM. The purpose the application in accordance with parts between the date of the last publication of the notice is to give all persons an 4 and 1840 of this title during the time and the date of sale to enable the opportunity to file with the BLM State allowed for filing objections against the statement of the publisher to be filed. Office at Boise, Idaho, any protests or application, BLM will issue the applied- The purpose of the notice is to give all contests to issuance of patent to the for patent. persons who may claim the lands claimant in accordance with parts 4 and * * * * * adversely to the applicant an 1840 of this title. Anyone who files a 42. Section 2543.4 is revised to read opportunity during the publication protest or contest must serve on the as follows: period to file a protest or contest in claimant a copy of the protest or contest accordance with parts 4 and 1840 of this and must furnish BLM with evidence of § 2543.4 Publication and posting. title. Protests and contests must be the service. Upon payment of the appraised price, corroborated. Anyone who files a * * * * * BLM will issue a notice of application. protest or contest must serve a copy on 47. In § 2547.4, paragraph (a) is The applicant must pay for publication the applicant and must furnish BLM revised to read as follows: of the notice of the application in a with evidence of the service. BLM will newspaper of general circulation, post a copy of the notice of publication § 2547.4 Publication and posting. designated by BLM, in the vicinity of in the appropriate office during the (a) The applicant must publish a the applied-for lands. The notice must entire period of publication. Before the notice of the application once a week for be published once a week for five date fixed for the sale, the applicant five consecutive weeks in accordance consecutive weeks immediately prior to must give BLM copies of the notice of with 1824.3 of this title, in a newspaper the date of sale. However, a sufficient publication and the statement of the and a format designated by BLM. All time should elapse between the date of publisher as evidence that the notice persons who may claim the land last publication and the date of sale to was published for the required period. adversely to the applicant may file with 54130 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules the BLM State Office identified in the for lands selected under the law. affected by the decision will be deemed notice, a protest or contest to issuance Anyone who files a protest or contest to have waived their rights which may of patent under the application in must serve on the State a copy of the have been adversely affected unless they accordance with parts 4 and 1840 of this protest or contest and furnish evidence file an appeal. They must file the appeal title. Anyone who files a protest or of service to the appropriate BLM office. in accordance with the requirements contest must serve on the applicant a * * * * * stated in the decisions or notices copy of the protest or contest and 54. Section 2623.2 is amended by provided for in this subsection and parts furnish BLM with evidence of the removing the paragraph designation (a) 4 and 1840 of this title. service. and revising the last sentence to read as 59. Section 2650.8 is revised to read * * * * * follows: as follows: § 2650.8 Appeals. PART 2560ÐALASKA OCCUPANCY § 2623.2 Claims protected. Any decision relating to a land AND USE ** * BLM will follow the selection will become final unless procedures of parts 4 and 1840 of this appealed in accordance with parts 4 and 48. An authority citation for part 2560 title for all protests, contests, or claims is added to read as follows: 1840 of this title. filed by individuals, associations, or 60. In § 2653.5, paragraph (l) is Authority: R.S. 2473; 43 U.S.C. 1201 and corporations against the States, affecting revised to read as follows: 1740. school-section lands. 49. The authority citation for subpart § 2653.5 Cemetery sites and historical 2562 is removed. PART 2640ÐFAA AIRPORT GRANTS places. 50. Section 2565.2 is amended by 55. The authority citation for part * * * * * revising paragraph (d) to read as 2640 is revised to read as follows: (l) BLM or the Secretary will serve the follows: decision on the applicant and all parties Authority: 49 U.S.C. 2215. of record in accordance with the § 2565.2 Application; fees; contests and 56. In § 2641.3 paragraph (c) is revised provisions of parts 4 and 1840 of this protests. to read as follows: title. The decision will be published in * * * * * accordance with the requirements of (d) Contests and protests. § 2641.3 Publication and payment. § 2650.7 of this title. The decision of Applications for entry will be subject to * * * * * BLM will become final unless appealed contest or protest in accordance with (c) BLM will send the decision in accordance with parts 4 and 1840 of parts 4 and 1840 of this title. concerning the granting or denial of an this title. Any agency adversely affected 51. Section 2565.4 is amended by application to the applicant and to any by the certification of BIA or the revising the last sentence of paragraphs party who commented on the decision of BLM may also appeal the (b)(1) and (b)(2) to read as follows: application. Any party who is adversely matter in accordance with parts 4 and § 2565.4 Deeds. affected by BLM’s decision may appeal 1840 of this title. After a decision to the decision in accordance with parts 4 convey an existing cemetery site or (b)(1) * * * In case of conflicting and 1840 of this title. historical place has become final, BLM applications for lots, the trustee, if he or * * * * * will adjust the segregation of the lands she considers it necessary, may order a to conform with that conveyance. hearing to be conducted in accordance PART 2650ÐALASKA NATIVE 61. Section 2653.8–3 is revised to read with parts 4 and 1840 of this title. SELECTIONS as follows: (2) * * * Any party adversely affected by a decision of the trustee or 57. The authority citation for part § 2653.8±3 Appeals. a decision of BLM made under this 2650 is revised to read as follows: Any party who is adversely affected subpart may appeal the decision in Authority: 43 U.S.C. 1624. by a decision made by BLM on accordance with parts 4 and 1840 of this applications filed under section 14(h)(5) title. 58. In § 2650.7, the third sentence of of the Act may appeal the decision in paragraph (d), introductory text, and the accordance with parts 4 and 1840 of this PART 2620ÐSTATE GRANTS second sentence of paragraph (d)(2) are title. revised to read as follows: 52. The authority citation for part 62. Section 2655.4 is revised to read 2620 continues to read as follows: § 2650.7 Publication. as follows: Authority: R.S. 2478; 43 U.S.C. 1201. * * * * * § 2655.4 Adverse decisions. (d) * * * Any decision or notice 53. Section 2621.2 is amended by (a) Any decision adverse to the actually served on parties or revising paragraph (a) to read as follows: holding agency or Native corporation constructively served on parties in will become final unless appealed in § 2621.2 Publication, protests, and accordance with this section must state accordance with parts 4 and 1840 of this contests. that any party claiming a property title. If a decision is appealed, the (a) The State must publish a notice of interest in land affected by the decision Secretary may take personal jurisdiction the application once a week for five may appeal the decision in accordance over the matter in accordance with § 4.5 consecutive weeks in accordance with with parts 4 and 1840 of this title. * ** of this title. In the case of appeals from § 1824.3 of this title, at its own expense, * * * * * affected Federal agencies, the Secretary in a newspaper and format designated (2) * * * Furthermore, the decision may take jurisdiction upon written by BLM. The purpose of the notice is to or notice of decision must inform request from the appropriate cabinet give all persons who may claim the land readers where further information about level official. The requesting official, the adversely an opportunity to file with filing an appeal may be found. It must State Director and any affected Native BLM a protest or contest, in accordance also state that any party known or corporation must be notified in writing with parts 4 and 1840 of this title, to the unknown who may claim a property of the Secretary’s decision regarding the issuance of a certification to the State interest which may be adversely request for Secretarial jurisdiction and Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules 54131 the reasons for the decision must be sent (b) All decisions of BLM made under 2(a) that an application is in Categories in writing to the requesting agency and this part will go into effect immediately I through IV, the application will not be any other parties to the appeal. and will remain in effect while appeals accepted for processing without (b) When an appeal to a decision to are pending unless a stay is granted in payment of the fee for the application issue a conveyance is made by a holding accordance with § 4.21(b) of this title. according to the category determined by agency or a Native corporation on the 68. Section 2808.2–2 is revised to read BLM. However, when the payment is basis that BLM neglected to make a as follows: received, BLM may process the determination under section 3(e)(1) of § 2808.2±2 Category determination. application and, if proper, issue the the Act, the matter will be remanded by grant or temporary use permit. BLM will the Interior Board of Land Appeals to (a) BLM will determine the refund monies or make any other BLM for a determination under section appropriate category and collect the adjustments necessary as a result of the 3(e)(1) of the Act and these regulations: required application processing fee outcome of the appeal. provided, that the holding agency or under § 2808.3–1 and 2808.5 before (b) If an appeal is filed regarding Native corporation has reasonably processing an application. A record of BLM’s determination that an application satisfied the Board that its claim is not BLM’s category determination will be is in Category V under § 2808.2–2(a) or frivolous. made and given to the applicant. A that an applicant must pay additional party adversely affected by this costs under § 2808.3–1 (e) through (i) or PART 2720ÐCONVEYANCE OF determination may appeal the decision § 2808.5(c), BLM will suspend FEDERALLY-OWNED MINERAL in accordance with §§ 2804.1 and processing of the application pending INTERESTS 2808.6. the outcome of the appeal. (b) During the processing of an 63. The authority citation for part application, BLM may change a category 2720 continues to read as follows: PART 2810ÐTRAMROADS AND determination to place an application in LOGGING ROADS Authority: 43 U.S.C. 1719 and 1740. Category V at any time it is determined 64. Section 2720.5 is revised to read that the application requires the 72. The authority citation for part as follows: preparation of an environmental impact 2810 continues to read as follows: statement. A record of change in Authority: 43 U.S.C. 1181a, 1181b, 1732, § 2720.5 Appeals. category determination under this 1733, and 1740. Any applicant adversely affected by a paragraph will be made and given to the decision of BLM made under this 73. Section 2812.8–1 is amended by applicant. A party adversely affected by revising paragraph (c) to read as follows: subpart may appeal the decision in a revised determination may appeal the accordance with parts 4 and 1840 of this decision in the same manner as an § 2812.8±1 Notice of termination. title. original category determination under * * * * * paragraph (a) of this section. BLM will (c) BLM will serve notice of the PART 2800Ð RIGHTS-OF-WAY, make no other changes of category PRINCIPLES AND PROCEDURES termination personally or by registered determination. mail on the permittee and will describe 65. The authority citation for part 69. In § 2808.3–1, paragraph (i) is the misrepresentation, failure or default 2800 is revised to read as follows: revised to read as follows: involved. Any permittee adversely Authority: 43 U.S.C. 1733, 1740, and 1763– § 2808.3±1 Application fees. affected by BLM’s notice of termination may appeal the decision in accordance 1764. * * * * * 66. Section 2803.4 is amended by (i) BLM will provide the applicant with parts 4 and 1840 of this title. revising paragraph (e) to read as follows: with a written determination of the * * * * * reasonable costs to be reimbursed by the 74. Section 2812.8–2 is amended by § 2803.4 Suspension and termination of revising the second and third sentences right-of-way authorizations. applicant or holder and those that will be funded by the United States under of paragraph (b) as follows: * * * * * paragraphs (e) and (f) of this section and (e) In the case of a right-of-way grant § 2812.8±2 Remedies for violations by § 2808.5. A party adversely affected by which is, under its terms, an easement, licensee. this determination may appeal the BLM will give written notice to the * * * * * decision in accordance with §§ 2804.1 holder of the suspension or termination. (b) * * * The permittee is bound by and 2808.6. BLM’s decision. A permittee who is BLM will then refer the matter to the 70. In § 2808.5, paragraph (c) is adversely affected by the BLM decision Office of Hearings and Appeals for a revised to read as follows: hearing before an administrative law may appeal the decision in accordance judge in accordance with parts 4 and § 2808.5 Other cost considerations. with parts 4 and 1840 of this title. In the 1840 of this title. If the administrative * * * * * alternative, a permittee who believes law judge determines that grounds for (c) The State Director may reduce or that a licensee has violated the terms of suspension or termination exist and waive fees under this section in the timber sale contract or cooperative such an action is justified, BLM will determining reimbursable costs made agreement respecting the use of the suspend or terminate the right-of-way under § 2808.3. Any party adversely permittee’s roads may proceed against grant. affected by the State Director’s decision the licensee in any court of competent 67. Section 2804.1 is revised to read may appeal the decision in accordance jurisdiction to obtain appropriate relief. as follows: with §§ 2804.1 and 2808.6. 75. Section 2812.9 is revised to read 71. Section 2808.6 is revised to read as follows: § 2804.1 Appeals procedure. as follows: (a) A party adversely affected by a § 2812.9 Appeals. decision of BLM made under this § 2808.6 Action pending decision on Any party adversely affected by a subpart may appeal the decision in appeal. BLM decision made under this subpart accordance with parts 4 and 1840 of this (a) Even if an appeal is filed regarding may appeal the decision in accordance title. BLM’s determination under § 2808.2– with parts 4 and 1840 of this title. 54132 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules

PART 2880ÐRIGHTS-OF-WAY UNDER (b) BLM may order an immediate a stay is granted in accordance with THE MINERAL LEASING ACT suspension without regard to actions § 4.21(b) of this title. which have been or may be taken by 76. The authority citation for part another federal or state agency. PART 2910ÐLEASES 2880 is revised to read as follows: (c) BLM may order an immediate 82. The authority citation for part Authority: 30 U.S.C. 185. temporary suspension orally or in 2900 is revised to read as follows: 77. In § 2883.1–1, paragraph (a)(4) is writing on the site of the activity to the Authority: 43 U.S.C. 687c–1, 1441–1443 revised to read as follows: holder or a contractor or subcontractor of the holder, or to any representative, and 1740. § 2883.1±1 Cost reimbursement. agent, employee, or contractor of any of 83. The authority citation for subpart (a) * * * them. The activity must end at that 2911 is removed. (4)(i) BLM may accept an application time. As soon as practicable, BLM will 84. The authority citation for subpart for the purpose of determining the send a written notice to the holder or 2912 is removed. appropriate category and the the holder’s designated agent to confirm 85. Section 2916.2–5 is added to read nonrefundable application processing the previous oral order. as follows: fee. However, BLM will collect the full 79. In § 2883.6–1, paragraph (c) is § 2916.2±5 Appeals. amount of the nonrefundable revised to read as follows: application processing fee prior to Any party adversely affected by a processing the application. BLM will § 2883.6±1 Suspension and termination of BLM decision made under this subpart make a record of BLM’s category right-of-way grants. may appeal the decision in accordance determination and give it to the * * * * * with parts 4 and 1840 of this title. applicant. Any party who is adversely (c) If BLM determines that a situation affected by BLM’s category under § 2883.6 or this section exists in PART 2920ÐLEASES, PERMITS AND determination may appeal the decision connection with a right-of-way grant, EASEMENTS in accordance with § 2884.1. Even if a BLM will give written notice to the 86. The authority citation for part category determination is appealed, holder, and refer the matter to the Office 2920 is revised to read as follows: BLM will not process an application of Hearings and Appeals for a hearing Authority: 43 U.S.C. 1732–1733 and 1740. without payment of the fee determined before an administrative law judge in by BLM. If the payment is made, BLM accordance with parts 4 and 1840 of this 87. Section 2920.2–2 is revised to read will process the application and will title. BLM will suspend or terminate the as follows: right-of-way grant if the administrative issue the grant or permit if the § 2920.2±2 Minimum impact permits. application is proper. BLM will refund law judge determines that grounds for fees if directed to do so in the appeal suspension or termination exist and that (a) BLM may, without publication of decision. Where the amount of the the action is justified. a notice of realty action, issue a permit nonrefundable application processing 80. Section 2883.6–2 is amended by for a land use authorization if BLM fee submitted by an applicant exceeds revising paragraphs (b) and (c) to read determines that the proposed use the amount of the fee required in BLM’s as follows: conforms with BLM plans, policies and category determination, BLM will programs, local zoning ordinances and § 2883.6±2 Suspension and termination of any other requirements and will not refund the excess unless requested in temporary permits. writing by the applicant to apply all or cause appreciable damage or part of the refund to the grant * * * * * disturbance to the public lands, their monitoring fee required by paragraph (b) (b) If BLM determines that a situation resources or improvements. (b) Permit decisions made under of this section or to the rental payment under § 2883.6 or this section exists, paragraph (a) of this section will go into for the grant or permit. BLM will give written notice to the (ii) During the processing of an holder. The holder may protest the effect immediately upon execution, and application, BLM may change a category determination to the BLM office issuing remain in effect during the period of determination to place an application in the notice. The reviewing official will, time specified in the decision to issue Category VI at any time BLM determines within the time specified in the notice, the permit. Any person adversely that the application requires preparation affirm, modify, or cancel the affected by a decision to grant or deny of an environmental impact statement. determination and will provide the a permit under paragraph (a) of this BLM will make a record of the change holder with a written decision. section may appeal the decision in in category determination under this (c) A holder who is adversely affected accordance with parts 4 and 1840 of this paragraph. Any party adversely affected by the decision made under paragraph title. However, decisions and permits by BLM’s decision to change the (b) of this section may appeal the issued under paragraph (a) of this category determination may appeal the decision in accordance with parts 4 and section will remain in effect unless a decision in accordance with § 2884.1. 1840 of this title. petition for a stay is granted under 78. Section 2883.5 is revised to read 81. Section 2884.1 is revised to read § 4.21(b) of this title. as follows: as follows: 88. In § 2920.2–5 paragraph (b), introductory text, and paragraph (b)(4) § 2883.5 Immediate temporary suspension § 2884.1 Appeals procedure. are revised to read as follows: of activities. (a) A party adversely affected by a (a) BLM may order immediate decision of BLM under this subpart may § 2920.2±5 Proposal review. remedial actions or an immediate appeal the decision in accordance with * * * * * temporary suspension of any activity parts 4 and 1840 of this title. (b) If the proposal is found to be being conducted or authorized by a (b) Except for decisions under appropriate for further consideration, holder within a right-of-way or § 2883.6 through 2883.6–2, all BLM BLM will examine the proposal and temporary use permit area in decisions under this part will go into make one of the following accordance with this section and parts effect immediately and will remain in determinations: 4 and 1840 of this title. effect while appeals are pending unless * * * * * Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules 54133

(4) The proposed land use does not decision of BLM made under the Authority: 30 U.S.C. 189; 30 U.S.C. 359; 43 conform with the approved land use provisions of Group 3000 or Group 3100 U.S.C. 1733 and 1740; 16 U.S.C. 3150; 42 plan. Any party adversely affected by of this title may appeal the decision in U.S.C. 6508; and 31 U.S.C. 9701. this determination may appeal the accordance with parts 4 and 1840 of this 99. In § 3150.1, the second sentence is determination in accordance with parts title. revised to read as follows: 4 and 1840 of this title. 89. Section 2920.4 is amended by § 3000.5 [Removed] § 3150.1 Suspension, revocation or revising paragraph (d) to read as 93. Section 3000.5 is removed. cancellation. follows: ** * The Secretary may order an PART 3100ÐONSHORE OIL AND GAS immediate temporary suspension of § 2920.4 Notice of realty action. LEASING activities authorized under a permit or * * * * * other use authorization as provided in (d) An application submitted before a 94. The authority citation for part 3100 continues to read as follows: § 1844.11(c) of this title. notice of realty action is published will 100. Section 3150.2 is revised to read not be processed and will be returned to Authority: 30 U.S.C. 181 et seq., 30 U.S.C. as follows: the person who submitted it. Return of 351–359. an application may not be appealed or 95. Section 3101.7–3 is revised to read § 3150.2 Appeals. protested. as follows: (a) Any party adversely affected by a 90. Section 2920.9–3 is amended by decision or approval of BLM under this revising paragraphs (b)(1) and (c), § 3101.7±3 Appeals. subpart may appeal that decision in introductory text, and (c)(2) to read as (a) Any party adversely affected by a accordance with parts 4 and 1840 of this follows: decision of BLM to reject an offer to title. lease or to issue a lease with (b) All decisions and approvals of § 2920.9±3 Termination and suspension. stipulations recommended by the BLM under this part will go into effect * * * * * surface managing agency may appeal immediately and will remain in effect (b)(1) If BLM determines that there is the decision in accordance with parts 4 while appeals are pending unless a stay noncompliance with the terms and and 1840 of this title. is granted in accordance with § 4.21(b) conditions of a land use authorization (b) If, as provided by statute, a surface of this title. which adversely affects health, safety or managing agency has required that (c) Notwithstanding paragraph (b) of the environment, BLM will order an certain stipulations be included in a this section, nothing in this section will immediate temporary suspension of the lease or has consented, or objected or diminish BLM’s discretionary authority land use in accordance with § 1844.11 refused to consent to leasing, any lease to stay the effectiveness of a decision (c) of this title. offeror adversely affected by the surface under this subpart if the decision is * * * * * managing agency decision may appeal appealed and an adversely affected (c) Process for termination or the decision only in accordance with party requests a stay or BLM decides to suspension other than temporary the administrative appeals procedures stay the decision on its own initiative. immediate suspension. provided for by the particular surface * * * * * managing agency. PART 3160ÐONSHORE OIL AND GAS (2) After BLM gives the holder of the OPERATIONS PART 3120ÐCOMPETITIVE LEASES land use authorization due notice of 101. The authority citation for part termination or suspension, if 96. The authority citation for part 3160 continues to read as follows: noncompliance still exists after a 3120 is revised to read as follows: reasonable time, BLM will give written Authority: 43 U.S.C. 1733; 30 U.S.C. 189; notice to the holder and refer the matter Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 30 U.S.C. 359; 30 U.S.C. 306; 25 U.S.C. 396, 396d, 398e and 399; 42 U.S.C. 6508; 30 to the Office of Hearings and Appeals 351–359; 16 U.S.C. 3101 et seq.; 43 U.S.C. 1701 et seq.; 40 U.S.C. 471 et seq., and 40 Op. U.S.C. 1701 et seq. for a hearing before an administrative Atty. Gen. 41.97. Section 3120.1–3 is revised 102. Section 3165.3 is revised to read law judge in accordance with part 1840 to read as follows: and 4.420–4.439 of this title. BLM will as follows: § 3120.1±3 Protests and appeals. suspend or revoke the land use § 3165.3 Notice and hearing on the record. authorization if the administrative law (a) A decision of BLM to hold a lease judge determines that grounds for (a) Notice. If an operating rights owner sale as provided under this subpart will or operator fails to comply with any suspension or revocation exist and that not be suspended or stayed under such an action is justified. provisions of the lease, the regulars in § 4.21(a) or § 1844.11 of this title if an this part, applicable orders or notices, or appeal of the decision is filed. BLM may any other appropriate orders of BLM, PART 3000ÐMINERALS suspend the offering of a specific parcel MANAGEMENT: GENERAL BLM will give the party written notice while considering a protest or appeal to remedy any defaults or violations. 91. The authority citation for part regarding its inclusion in a Notice of BLM will serve written orders or notices 3000 is revised to read as follows: Competitive Lease Sale. of violation, assessment, or proposed (b) Only the Secretary or the Assistant Authority: 30 U.S.C. 189, 306 and 359; 16 penalty on the party by personal service U.S.C. 3150; 43 U.S.C. 1740; 42 U.S.C. 6508; Secretary for Land and Minerals or by certified mail. Any person may 31 U.S.C. 9701(b); and 40 Op. Atty. Gen. 41. Management may suspend a lease sale designate a representative to receive any for good and just cause after reviewing notice of violation, assessment, or 92. Section 3000.4 is revised to read the reason(s) for an appeal. as follows: proposed penalty on his/her behalf. In PART 3150ÐONSHORE OIL AND GAS the case of a major violation, BLM will § 3000.4 Appeals. GEOPHYSICAL EXPLORATION make a good faith effort to contact the Except as provided in § 3101.7–3(b), designated representative by telephone 3102.5–1, 3108.3, and 3120.1–3 of this 98. The authority citation for part to be followed by a written notice. title, any party adversely affected by a 3150 is revised to read as follows: Receipt of notice will be deemed to 54134 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules occur at the time of the telephone of the accumulation and that the which is adequate to indemnify the contact, and the time of notice and the violation is causing or threatening lessor from loss or damage. name of the receiving party will be immediate, substantial and adverse (e) Effect of appeal on assessments documented in the file. If BLM is unable impacts on public health and safety, the and penalties. (1) Except as provided in to contact the designated representative environment, production accountability, paragraph (e)(3) of this section, an after good faith efforts, BLM will serve or royalty income. If the BLM Director appeal filed under paragraph (a) of this notice of the major violation on any does not reinstate the daily section will suspend the accumulation person conducting or supervising accumulation within 45 days of the of additional daily assessments. operations subject to the regulations in filing of the request for a hearing on the However, the filing of an appeal will not this part. In the case of a minor record, the suspension of accumulation bar BLM from assessing civil penalties violation, BLM will serve notice as of additional daily penalties will under § 3163.2 in the event the operator described above. A copy of all orders, continue. has failed to abate the violation which notices, or instructions served on any 103. Section 3165.4 is revised to read resulted in the assessment. The Interior contractor or field employee or as follows: Board of Land Appeals may issue designated representative will also be appropriate orders to coordinate the § 3165.4 Appeals. mailed to the operator. Any notice pending appeal and the pending civil involving a civil penalty will be mailed (a) Appeal of decision. Any party penalty proceeding. to the operating rights owner. adversely affected by a notice, (2) Except as provided in paragraph (b) No civil penalty will be assessed instruction, order, or decision under (e)(3) of this section, an appeal filed under this part until the party charged this subpart may appeal it in accordance under paragraph (b) of this section will with the violation has been given the with parts 4 and 1840 of this title. suspend the accumulation of additional opportunity for a hearing on the record (b) Appeal from decision on a daily civil penalties. in accordance with section 109(e) of the proposed penalty after a hearing on the (3) When an appeal is filed under Federal Oil and Gas Royalty record. (1) Any party adversely affected paragraph (a) or (b) of this section, the Management Act. Any party adversely by the decision of an administrative law State Director may, within 10 days of affected by BLM’s decision on the judge on a proposed penalty after a receipt of the notice of appeal, proposed penalty may request a hearing hearing on the record under § 3165.3 recommend that the BLM Director on the record before an administrative may appeal that decision in accordance reinstate the accumulation of law judge or, in lieu of a hearing, may with parts 4 and 1840 of this title. assessments and daily civil penalties appeal that decision directly to the (2) In lieu of a hearing on the record until a final decision is rendered or Interior Board of Land Appeals as under § 3165.3, any party adversely until the violation is abated. The BLM provided in § 3165.4(b)(2). If the party affected by a proposed penalty may Director may, if he/she determines that elects to request a hearing on the record, waive the opportunity for such a the public interest requires it, reinstate the request must be filed in the office of hearing on the record by appealing the accumulation(s) upon a finding that the State Director having jurisdiction directly to the Interior Board of Land the violation is causing or threatening over the lands covered by the lease Appeals in accordance with parts 4 and immediate substantial and adverse within 30 days of receipt of the notice 1840 of this title. However, waiving the impacts on public health and safety, the of proposed penalty. If a hearing on the right to a hearing on the record environment, production accountability, record is requested, the State Director precludes further appeal to the District or royalty income. If the BLM Director will refer the complete case file to the Court under section 109(j) of the Federal does not act on the recommendation to Office of Hearings and Appeals for a Oil and Gas Royalty Management Act. reinstate the accumulation(s) within 45 hearing before an administrative law (c) Effect of an appeal on a decision days of the filing of the notice of appeal, judge in accordance with parts 4 and by an administrative law judge. All the suspension will continue. 1840 of this title. decisions of an administrative law judge (f) Judicial review. Any person who is (c) Effect of request for hearing on the under this part will go into effect adversely affected by a final order of the record. Any request for a hearing on the immediately and remain in effect while Secretary under this section may seek record before an administrative law any appeals are pending unless a stay is review of the order in the United States judge under this section will not granted in accordance § 4.21(b) of this District Court for the judicial district in suspend the requirement to comply title. Notwithstanding the foregoing which the alleged violation occurred. with the notice of violation or proposed sentence, nothing in this paragraph will Because section 109 of the Federal Oil penalty or stop the daily accumulation diminish the BLM’s discretionary and Gas Royalty Management Act of assessments, unless an administrative authority to stay the effectiveness of a provides for judicial review of civil law judge so determines in accordance decision which has been appealed penalty determinations only where a with part 4 of this title. However, a under paragraph (a) or (b) of this section person has requested a hearing on the request for a hearing on the record will if an adversely affected party requests a record, a waiver of such hearing suspend the accumulation of additional stay or if BLM’s decides a stay is precludes further review by the district daily penalties until a final decision is warranted on its own initiative. court. Review by the district court will rendered, except that within 10 days of (d) Effect of appeal on compliance be on the administrative record only receipt of a request for a hearing on the requirements. Except as provided in and not de novo. Such an action will be record, the State Director may, after paragraph (e) of this section, any appeal barred unless filed within 90 days after review of the request, recommend that filed in accordance with paragraphs (a) issuance of final decision. the BLM Director reinstate the and (b) of this section will not result in accumulation of daily civil penalties a suspension of the requirement for PART 3180ÐONSHORE OIL AND GAS until the violation is abated. Within 45 compliance with the order or decision UNIT AGREEMENTS: UNPROVEN days of the filing of the request for a from which the appeal is taken unless AREAS hearing on the record, the BLM Director the Interior Board of Land Appeals may reinstate the accumulation of civil determines that a suspension will not 104. The authority citation for part penalties if he/she determines that the harm the interests of the lessor or that 3180 continues to read as follows: public interest requires a reinstatement a bond has been submitted and accepted Authority: 30 U.S.C. 181 and 226. Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules 54135

105. Section 3185.1 is revised to read thereafter continues to diligently may appeal that decision in accordance as follows: complete the correction. with parts 4 and 1840 of this title. (b) Any lessee may seek a hearing (b) All decisions or approvals of BLM § 3185.1 Appeals. before an administrative law judge under this part will go into effect Any party adversely affected by an regarding the violation or the proposed immediately and remain in effect while instruction, order, or decision issued cancellation of lease. The lessee must appeals are pending unless a stay is under this part may appeal it in request a hearing in accordance with granted in accordance with § 4.21(b) of accordance with parts 4 and 1840 of this parts 4 and 1840 of this title within the this title. title. 30-day period after notice. BLM will extend the time in which a lessee may PART 3280ÐGEOTHERMAL PART 3200ÐGEOTHERMAL correct a violation of the regulations or RESOURCES UNIT AGREEMENTS: RESOURCES LEASING: GENERAL of the lease terms to a date which is 30 UNPROVEN AREAS 106. The authority citation for part days after the lessee receives the 114. The authority citation for part 3200 is revised to read as follows: administrative law judge’s decision on 3280 is revised to read as follows: the hearing if the administrative law Authority: 30 U.S.C. 1023. judge finds that a violation has Authority: 30 U.S.C. 1001–1025. 107. In § 3205.3–9, the sixth, seventh, occurred. 115. Section 3285.1 is revised to read and eighth sentences, are revised to read as follows: as follows: PART 3250ÐUTILIZATION OF GEOTHERMAL RESOURCES § 3285.1 Appeals. § 3205.3±9 Readjustments. Any party adversely affected by an 110. The authority citation for part ** * If the lessee files a protest in order or decision made under this part 3250 is revised to read as follows: accordance with parts 4 and 1840 of this may appeal the order or decision in title, and no agreement can be reached Authority: 30 U.S.C. 1001–1025. accordance with parts 4 and 1840 of this between BLM and the lessee within a 111. Section 3250.9 is amended by title. period of 60 days, the lease may be revising paragraph (b) to read as follows: terminated by either party to the lease. PART 3410ÐEXPLORATION Any party adversely affected by such a § 3250.9 Relinquishment, expiration, or LICENSES lease termination may appeal the termination of license. 116. The authority citation for part termination in accordance with parts 4 * * * * * 3410 is revised to read as follows: and 1840 of this title. If the lessee files (b) A license issued under this part a protest to the proposed readjusted may be terminated by written order of Authority: 30 U.S.C. 210(b). terms and conditions, the existing terms BLM for any violation of any applicable 117. In § 3410.3–1, paragraphs (g)(1) and conditions will remain in effect regulation or any license term or and (g)(2) are revised to read as follows: until there has been an agreement condition, after 30 days notice. between BLM and the lessee on the new However, the termination will not take § 3410.3±1 Issuance and termination of an terms and conditions to be applied to effect if within the 30-day notice period exploration license. the lease or until the lease is terminated, either the violation is corrected or the * * * * * except payments of any proposed licensee has commenced in good faith to (g) * * * readjusted rentals and royalties must be correct the violation and will thereafter (1) BLM may adjust the terms and paid in the timely manner prescribed in proceed diligently to correct the conditions of the exploration license, or these regulations and may be paid under violation where the violation is such (2) BLM may direct adjustment in or protest. The readjusted terms and that it cannot be corrected within the approve modification of the exploration conditions will be effective as of the end notice period. Any licensee who may be plan. Any licensee who is adversely of the term being adjusted. * ** adversely affected by BLM’s termination affected by BLM’s adjustment or order may appeal the order and is modification decision may appeal the PART 3240ÐRULES GOVERNING entitled to a hearing regarding the decision in accordance with parts 4 and LEASES violation and the termination in 1840 of this title or may relinquish the exploration license. 108. The authority citation for part accordance with parts 4 and 1840 of this 3240 is revised to read as follows: title if the appeal is filed within the 30- * * * * * day notice period. If an appeal is filed Authority: 30 U.S.C. 1023. on time, BLM will extend the time in PART 3420ÐCOMPETITIVE LEASING which the licensee may begin to correct 109. Section 3244.3 is revised to read 118. The authority citation for part the violation to a date which is 30 days as follows: 3420 is revised to read as follows: after a final decision is rendered if it is § 3244.3 Cancellation of lease for found that a violation exists. Authority: 30 U.S.C. 189; 30 U.S.C. 359; 30 noncompliance with regulations or lease U.S.C. 1272 and 1273; and 43 U.S.C. 1733 terms; notice; hearing. PART 3260ÐGEOTHERMAL and 1740. (a) A lease may be canceled by BLM RESOURCES OPERATIONS 119. Section 3427.2 is amended by for any violation of these regulations, 112. The authority citation for part revising paragraphs (j) and (k) to read as the regulations in part 3260 of this title, follows: or the lease terms, 30 days after the 3260 is revised to read as follows: lessee receives notice from BLM of the Authority: 30 U.S.C. 1023. § 3427.2 Procedures. violation, unless the lessee corrects the 113. Section 3266.1 is revised to read * * * * * violation within that time period, or the as follows: (j) If the surface owner fails to provide violation is one that cannot be corrected evidence of qualifications in response to within the notice period and the lessee § 3266.1 Appeals. surface owner consultation or to a has in good faith begun to correct the (a) Any party adversely affected by a written request for such evidence, and violation within the notice period and decision of BLM made under this part if BLM is unable to independently 54136 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules determine whether or not the surface PART 3470ÐCOAL MANAGEMENT Authority: 30 U.S.C. 189; 30 U.S.C. 359; 43 owner is qualified, BLM will presume PROVISIONS AND LIMITATIONS U.S.C. 1733 and 1740; 30 U.S.C. 192c; 30 that the surface owner is unqualified. U.S.C. 293; 16 U.S.C. 460n–5; 16 U.S.C. BLM will notify the surface owner in 124. The authority citation for part 460q–1; 16 U.S.C. 460dd–2; 16 U.S.C. 460mm–2—460mm–3; 31 U.S.C. 9701. writing of this determination and will 3470 is revised to read as follows: provide the surface owner an Authority: 30 U.S.C. 189 and 30 U.S.C. 129. Section 3500.4 is revised to read opportunity to appeal the 359. as follows: determination. 125. Section 3472.1–2 is amended by § 3500.4 Appeals. (k) Any surface owner determined to revising paragraphs (e)(4)(ii) and (iii) to Any party adversely affected by a be unqualified by decision of the field read as follows: decision of BLM made under this part official of the surface management may appeal the decision in accordance agency will have 30 days from the date § 3472.1±2 Special leasing qualifications. with parts 4 and 1840 of this title. of receipt of such decision in which to * * * * * 130. In § 3500.9–1, paragraph (c) is (e) * * * appeal the decision in accordance with revised to read as follows: parts 4 and 1840 of this title. (4) * * * (ii) Once a lease has been issued, or § 3500.9±1 Federal lands administered by PART 3430ÐNONCOMPETITIVE transfer approved, to an entity that agencies outside of the Department of the LEASES qualifies under paragraph (e)(4)(i) of this Interior. section, an adverse decision by BLM on * * * * * 120. The authority citation for part the pending action, or the withdrawal of (c) If, as provided by statute, a surface 3430 is revised to read as follows: the pending action by the applicant, managing agency has required that Authority: 30 U.S.C. 189; 30 U.S.C. 359; 30 will result in termination of the lease or certain stipulations be included in a U.S.C. 1260, 1272 and 1273; and 43 U.S.C. recision of the transfer approval. An lease or permit or has consented, or 1733 and 1740. entity who is adversely affected by such objected or refused to consent to leasing 121. Section 3430.5–2 is revised to a decision may appeal the decision in or permitting, any applicant adversely read as follows: accordance with parts 4 and 1840 of this affected by the surface managing agency title. Such a decision will go into effect decision may appeal the decision only § 3430.5±2 Appeals, lack of showing. immediately and remain in effect while in accordance with the administrative (a) Any applicant whose application any appeal is pending unless a stay is appeals procedures provided for by the is rejected because the applicant has not granted in accordance with § 4.21(b) of particular surface managing agency. shown the existence of commercial this title. The possibility of lease quantities of coal may appeal the termination will be included as a PART 3510ÐPHOSPHATE decision to reject the application in special stipulation in every lease issued 131. The authority citation for part accordance with parts 4 and 1840 of this to an entity that qualifies under 3510 is revised to read as follows: title. paragraph (e)(4) of this section. (b) The applicant is entitled to a (iii) The entity will not qualify for Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. lease issuance or transfer under 351–359; 43 U.S.C. 1701 et seq.; 47 Stat. hearing before an administrative law 1487; 43 U.S.C. 387; 16 U.S.C. 460n et seq.; judge in accordance with parts 4 and paragraph (e)(4)(i) of this section while 16 U.S.C. 460q et seq.; 16 U.S.C. 90c et seq.; 1840 of this title if the applicant has an appeal is pending before the Office 16 U.S.C. 460dd et seq.; 16 U.S.C. 460mm– alleged that the facts in the application of Hearings and Appeals regarding an 2—460mm–4; 31 U.S.C. 9701. adverse decision by BLM on any of the are sufficient to show an entitlement to 132. Section 3511.4 is revised to read actions described in paragraph (e)(4)(i) a lease. as follows: (c) In such a hearing, the applicant of this section. bears both the burden of going forward * * * * * § 3511.4 Readjustment. and the burden of proof to show, by a (a) The terms and conditions of a preponderance of evidence, that PART 3480ÐCOAL EXPLORATION lease are subject to reasonable commercial quantities of coal exist in AND MINING OPERATIONS RULES readjustment at the end of each 20-year the proposed lease area. 126. The authority citation for part period following the effective date of the 3480 is revised to read as follows: lease unless otherwise provided by law PART 3450ÐMANAGEMENT OF at the time of expiration of such period. EXISTING LEASES Authority: 30 U.S.C. 189; 30 U.S.C. 359; 30 Before the expiration of each 20-year U.S.C. 1266 and 1273; and 43 U.S.C. 1461, 122. The authority citation for part 1733 and 1740. period, BLM will send proposed 3450 is revised to read as follows: readjusted terms and conditions to the 137. Section 3486.4 is revised to read lessee. If BLM fails to send the proposed Authority: 30 U.S.C. 189; 30 U.S.C. 359; 30 as follows: readjusted terms and conditions prior to U.S.C. 1272 and 1273; and 43 U.S.C. 1733 the expiration of the 20-year period, the and 1740. § 3486.4 Appeals. right to readjust the lease will have been 123. In § 3451.2, paragraph (d) is Any party adversely affected by a waived until the expiration of the next revised to read as follows: decision or order issued by BLM under 20-year term. this part may appeal the decision or (b) The lessee is deemed to have § 3451.2 Notification of readjusted lease order in accordance with parts 4 and agreed to the readjusted terms and terms. 1840 of this title. conditions unless within 60 days after * * * * * PART 3500ÐLEASING OF SOLID receiving them, the lessee files a protest (d) Any lessee adversely affected by in accordance with part 4 and 1840 of the readjustment decision may appeal MINERALS OTHER THAN COAL AND OIL SHALE this title to the readjusted terms and the decision in accordance with parts 4 conditions or relinquishes the lease. and 1840 of this title; and 128. The authority citation for part BLM will issue a decision responding to * * * * * 3500 is revised to read as follows: the protest, and if the response is Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules 54137 adverse to the lessee, the lessee may 1487; 43 U.S.C. 387; 16 U.S.C. 460n et seq.; of the readjusted terms in accordance appeal the decision in accordance with 16 U.S.C. 460q et seq.; 16 U.S.C. 90c et seq.; with parts 4 and 1840 of this title or parts 4 and 1840 of this title. The 16 U.S.C. 460dd et seq.; 16 U.S.C. 460mm– relinquishes the lease. BLM will issue a effective date of the readjustment will 2—460mm–4; 31 U.S.C. 9701. decision responding to the protest, and not be affected by the filing of a protest 135. Section 3523.4 is revised to read if the response is adverse to the lessee, or appeal. as follows: the lessee may appeal the decision in (c) Except as provided in this accordance with parts 4 and 1840 of this paragraph, the readjusted terms and § 3523.4 Rejection of application. title. The effective date of the conditions will be effective pending a (a) BLM will reject the application for readjustment will not be affected by the response to the protest or the outcome a preference right lease if it determines filing of a protest or appeal. of the appeal provided for in paragraph that: (c) Except as provided in this (b) of this section unless BLM provides (1) The applicant did not discover a paragraph, the readjusted lease terms otherwise in the decision. Upon the valuable deposit of sodium and/or the and conditions will be effective pending filing of a protest or appeal, the lands are not chiefly valuable therefor; the outcome of the protest or the appeal obligation to pay any increased (2) The applicant did not submit provided for in paragraph (b) of this readjusted royalties, minimum royalties requested information in a timely section unless BLM provides otherwise. and rentals will be suspended pending manner; or Upon the filing of a protest or appeal, the outcome of the protest or appeal. (3) The applicant did not otherwise the obligation to pay any increased However, any such increased royalties, comply with the requirements of this readjusted royalties, minimum royalties minimum royalties and rentals will subpart. and rentals will be suspended pending accrue while the protest or appeal is (b) The applicant has a right to a the outcome of the protest or appeal. pending, commencing with the effective hearing before an administrative law However, any such increased royalties, date of the readjustment. If the judge in accordance with parts 4 and minimum royalties and rentals will increased royalties, minimum royalties 1840 of this title if the applicant has accrue while the protest or appeal is and rentals are sustained by the alleged facts in the application that are pending, commencing with the effective decision on the protest or on appeal, the sufficient to show an entitlement to a date of the readjustment. If the accrued balance, plus interest at the rate lease. increased royalties, minimum royalties specified for late payment by the (c) At the hearing, the applicant will and rentals are sustained by the Service will be payable. (See part 3590 have both the burden of going forward decision on the protest or appeal, the of this title.) Pending the decision on and the burden of proof to show, by a accrued balance, plus interest at the rate the protest or the appeal, the royalties, preponderance of the evidence, that a specified for late payment by the minimum royalties and rentals will be valuable deposit of sodium or any Service will be payable (See part 3590). payable as specified by the lease terms sodium compound was discovered and Pending the decision on the protest or and conditions in effect prior to the end that the lands are chiefly valuable appeal, the royalties, minimum royalties of the 20-year period. therefor. and rentals will be payable as specified 133. Section 3513.4 is revised to read by the lease terms and conditions in as follows: PART 3530ÐPOTASSIUM effect prior to the end of the 20-year § 3513.4 Rejection of application. 136. The authority citation for part period. (a) BLM will reject an application for 3530 is revised to read as follows: 138. Section 3533.4 is revised to read a preference right lease if it determines Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. as follows: that: 351–359; 43 U.S.C. 1701 et seq.; 43 U.S.C. § 3533.4 Rejection of application. (1) The applicant did not discover a 387; 16 U.S.C. 460n et seq.; 16 U.S.C. 460q valuable deposit of phosphate; et seq.; 16 U.S.C. 90c et seq.; 16 U.S.C. 460dd (a) BLM will reject an application for (2) The applicant did not submit et seq.; 16 U.S.C. 460mm–2—460mm–4; 31 a preference right lease if it determines requested information in a timely U.S.C. 9701. that: manner; or 137. Section 3531.4 is revised to read (1) The applicant did not discover a (3) The applicant did not otherwise as follows: valuable deposit of potassium and/or comply with the requirements of this the lands are not chiefly valuable subpart. § 3531.4 Readjustment. therefor; (b) The applicant has a right to a (a) The terms and conditions of a (2) The applicant did not submit hearing before an administrative law lease are subject to reasonable requested information in a timely judge in accordance with parts 4 and readjustment at the end of each 20-year manner; or 1840 of this title if the applicant has period following the effective date of the (3) The applicant did not otherwise alleged facts in the application that are lease unless otherwise provided by law comply with the requirements of this sufficient to show an entitlement to a at the time of expiration of such period. subpart. lease. Prior to the expiration of each 20-year (b) The applicant has a right to a (c) At the hearing, the lease applicant period, BLM will send proposed hearing before an administrative law will have both the burden of going readjusted terms and conditions to the judge in accordance with parts 4 and forward and the burden of proof to lessee. If BLM fails to send the proposed 1840 of this title if the applicant has show, by a preponderance of the readjusted terms and conditions prior to alleged facts in the application that are evidence, that a valuable deposit of the expiration of the 20-year period, the sufficient to show an entitlement to a phosphate was discovered. right to readjust the lease will have been lease. PART 3520ÐSODIUM waived until the expiration of the next (c) At the hearing, the applicant will 20-year term. have both the burden of going forward 134. The authority citation for part (b) The lessee is deemed to have and the burden of proof to show, by a 3520 is revised to read as follows: agreed to the readjusted terms and preponderance of the evidence, that a Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. conditions unless, within 60 days after valuable deposit of potassium or any 351–359; 43 U.S.C. 1701 et seq.; 47 Stat. receiving them, the lessee files a protest potassium compound was discovered 54138 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules and that the lands are chiefly valuable waived until the expiration of the next preponderance of the evidence, that a therefor. 20-year term. valuable deposit of ‘‘Gilsonite’’ was (b) The lessee is deemed to have discovered. PART 3540ÐSULPHUR agreed to the readjusted terms and PART 3560ÐHARDROCK MINERALS 139. The authority citation for part conditions unless, within 60 days after 3540 is revised to read as follows: receiving them, the lessee files a protest 144. The authority citation for part of the readjusted terms in accordance 3560 is revised to read as follows: Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. with parts 4 and 1840 of this title or 351–359; 43 U.S.C. 1701 et seq.; 47 Stat. relinquishes the lease. BLM will issue a Authority: 43 U.S.C. 1701 et seq.; 30 U.S.C. 1487; 43 U.S.C. 387; 16 U.S.C. 460n et seq.; 192c; 16 U.S.C. 508(b); 47 Stat. 1487; 43 16 U.S.C. 460q et seq.; 16 U.S.C. 90c et seq.; decision responding to the protest, and if the response is adverse to the lessee, U.S.C. 387; 16 U.S.C. 460n et seq.; 16 U.S.C. 16 U.S.C. 460dd et seq.; 16 U.S.C. 460mm– 460q et seq.; 16 U.S.C. 90c et seq.; 16 U.S.C. 2—460mm–4; 31 U.S.C. 9701. the lessee may appeal the decision in 460dd et seq.; 16 U.S.C. 460mm–2—460mm– accordance with parts 4 and 1840 of this 140. Section 3543.4 is revised to read 4; 31 U.S.C. 9701. title. The effective date of the as follows: readjustment will not be affected by the 145. Section 3563.4 is revised to read as follows: § 3543.4 Rejection of application. filing of a protest or an appeal. (a) BLM will reject an application for (c) Except as provided in this § 3563.4 Rejection of application. paragraph, the readjusted lease terms a preference right lease if it determines (a) BLM will reject an application for and conditions will be effective pending that: a preference right lease if it determines a response to the protest or appeal (1) The applicant did not discover a that: provided for in paragraph (b) of this valuable deposit of sulphur and/or the (1) The applicant did not discover a section unless BLM provides otherwise. lands are not chiefly valuable therefor; valuable deposit of any mineral covered Upon the filing of a protest or appeal, (2) The applicant did not submit by the prospecting permit; requested information in a timely the obligation to pay any increased (2) The applicant did not submit manner; or readjusted royalties, minimum royalties requested information in a timely (3) The applicant did not otherwise and rentals will be suspended pending manner; or comply with the requirements of this the outcome of the protest or appeal. (3) The applicant did not otherwise subpart. However, any such increased royalties, comply with the requirements of this (b) The applicant has a right to a minimum royalties and rentals will subpart. hearing before an administrative law accrue during the pendency of the (b) The applicant has a right to a judge in accordance with parts 4 and protest or appeal, commencing with the hearing before an administrative law 1840 of this title if the applicant has effective date of the readjustment. If the judge in accordance with parts 4 and alleged facts in the application that are increased royalties, minimum royalties 1840 of this title if the applicant has sufficient to show an entitlement to a and rentals are sustained by the alleged facts in the application that are lease. decision on the protest or appeal, the sufficient to show an entitlement to a (c) At the hearing, the applicant will accrued balance, plus interest at the rate lease. have both the burden of going forward specified for late payment by the (c) At the hearing, the applicant will and the burden of proof to show, by a Service will be payable (See part 3590). have both the burden of going forward preponderance of the evidence, that a Pending the decision on the protest or and the burden of proof to show, by a valuable deposit of sulphur was appeal, the royalties, minimum royalties preponderance of the evidence, that a discovered and that the lands are chiefly and rentals will be payable as specified valuable deposit of the mineral(s) was valuable therefor. by the lease terms and conditions in discovered. effect before the end of the 20-year PART 3550Ð``GILSONITE'' period. PART 3590ÐSOLID MINERALS (INCLUDING ALL VEIN-TYPE SOLID 143. Section 3553.4 is revised to read (OTHER THAN COAL) EXPLORATION HYDROCARBONS) as follows: AND MINING OPERATIONS 141. The authority citation for part § 3553.4 Rejection of application. 3550 is revised to read as follows: 146. The authority citation for part (a) BLM will reject an application for 3590 is revised to read as follows: Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. a preference right lease if it determines Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 351–359; 43 U.S.C. 1701 et seq.; 31 U.S.C. that: 9701. 351–359; 42 U.S.C. 4331 et seq.; 43 U.S.C. (1) The applicant did not discover a 1701 et seq.; 30 U.S.C. 192c; 16 U.S.C. 508(b); 142. Section 3551.4 is revised to read valuable deposit of ‘‘Gilsonite’’; 30 U.S.C. 291–293; 47 Stat. 1487; 43 U.S.C. as follows: (2) The applicant did not submit 387; 16 U.S.C. 460n et seq.; 16 U.S.C. 90c et requested information in a timely seq.; 16 U.S.C. 460dd et seq.; 16 U.S.C. § 3551.4 Readjustment. manner; or 460mm–2—460mm–4; 31 U.S.C. 9701; 95 (a) The terms and conditions of a (3) The applicant did not otherwise Stat. 1070; 35 Stat. 315; 95 Stat. 1070; 25 lease are subject to reasonable comply with the requirements of this U.S.C. 396; 25 U.S.C. 396a–396q; 25 U.S.C. readjustment at the end of each 20-year subpart. 2101 et seq. period following the effective date of the (b) The applicant has a right to a 147. In § 3598.4, paragraph (c) is lease unless otherwise provided by law hearing before an administrative law revised to read as follows: at the time of expiration of that period. judge in accordance with parts 4 and Before the expiration of each 20-year 1840 of this title if the applicant has § 3598.4 Enforcement orders. period, BLM will send proposed alleged facts in the application that are * * * * * readjusted terms and conditions to the sufficient to show an entitlement to a (c) If, in BLM’s judgment, a failure to lessee. If BLM fails to send the proposed lease. comply with established requirements readjusted terms and conditions prior to (c) At the hearing, the applicant will threatens health, safety, or the the expiration of the 20-year period, the have both the burden of going forward environment, BLM may, in writing or right to readjust the lease will have been and the burden of proof to show, by a orally with written confirmation, order Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules 54139 the suspension of operations without PART 3730ÐPUBLIC LAW 359; MINING § 3743.1 Hearing procedures. prior notice in accordance with IN POWERSITE WITHDRAWALS: The procedures to be followed for § 1844.11(c) of this title. GENERAL hearings and appeals are set forth in parts 4 and 1840 of this title. 148. Section 3598.5 is revised to read 154. The authority citation for part as follows: 3730 continues to read as follows: PART 3800ÐMINING CLAIMS UNDER § 3598.5 Appeals. Authority: 69 Stat. 681, 30 U.S.C. 621–625; THE GENERAL MINING LAWS Any party adversely affected by an 43 U.S.C. 1701 et seq.; 43 U.S.C. 28f–k; 107 Stat. 405. 158. The authority citation for part order or decision made under this part 3800 continues to read as follows: may appeal the order or decision in 155. Section 3736.2 is revised to read accordance with parts 4 and 1840 of this as follows: Authority: 16 U.S.C. 447; 16 U.S.C. 347– title. 354; 16 U.S.C. 460y et seq.; 16 U.S.C. 473, § 3736.2 Hearing; notice of contest. 478–482; 16 U.S.C. 1901 and 1907; 30 U.S.C. PART 3710ÐPUBLIC LAW 167; ACT (a) If a hearing is to be held, notice of 22 et seq.; 30 U.S.C. 122, 161 and 162; 30 OF JULY 1955 the hearing will be delivered personally U.S.C. 242; 31 U.S.C. 9701; 43 U.S.C. 2; 43 or by registered mail or certified mail to U.S.C. 154; 43 U.S.C. 299 and 300; 43 U.S.C. 149. An authority citation for part the locator of the placer claim. The 1201; 43 U.S.C. 1474; 43 U.S.C. 1701 et seq.; notice will give the time and place of 50 U.S.C. Appendix 565; 62 Stat. 162; 100 3710 is added to read as follows: Stat. 3457–3468; 107 Stat. 60; and 30 U.S.C. Authority: 30 U.S.C. 601; 61 Stat. 681. hearing. The procedures to be followed 28f–k, 107 Stat. 405. for the hearing are set forth in parts 4 150. Section 3713.1 is revised to read and 1840 of this title. No publication of 159. Section 3802.5 is revised to read as follows: the notice will be required but a copy as follows: of the notice must be posted in the BLM § 3802.5 Appeals. § 3713.1 Hearing procedures. State and District offices for a period of The procedures to be followed for not less than 30 days before the date set (a) Any party adversely affected by a hearings and appeals are set forth in for the hearing. decision made under this subpart may parts 4 and 1840 of this title. (b) Any party, other than a Federal appeal the decision in accordance with 151. In § 3715.7–1, paragraph (a)(1)(ii) agency, who would like to appear and parts 4 and 1840 of this title. is revised to read as follows: testify at a hearing in protest of a placer (b) In any case involving lands under mining operation, must file a written the jurisdiction of any agency or office § 3715.7±1 What types of enforcement notice of protest in the proper offices other than BLM, if a party appeals a action can BLM take if I do not meet the where the notice of hearing is posted. decision of that agency or office which requirements of this subpart? The notice of protest must be relates to mineral development in a * * * * * accompanied by a $10 filing fee and wilderness study area, the appellant (a) * * * contain the party’s name and address must serve the other agency or office (1) * * * and a statement showing the nature of with a copy of the notice of appeal and any statement of reasons, written (ii) an immediate, temporary the party’s interest in the use of the arguments, and briefs. suspension in accordance with lands embraced within the mining 160. Section 3809.4 is revised to read 1844.11(c) of this title is necessary to claim. Each notice of protest must be as follows: protect health, safety, or the filed within the period of time specified in the notice of hearing. BLM will environment. § 3809.4 Appeals. forward a copy of each notice of protest * * * * * that is filed to the mining locator prior (a) Any party adversely affected by a 152. Section 3715.9 is revised to read to the hearing. decision made under this subpart may as follows: (c) Following the hearing, any party appeal the decision in accordance with parts 4 and 1840 of this title. § 3715.9 What appeal rights do I have? adversely affected by a decision of the administrative law judge may appeal the (b) In order for an appeal of a decision If you are adversely affected by a BLM decision in accordance with part 4 of made under this subpart to be decision, order, or determination made this title. Each decision by an considered, a notice of appeal must be under this subpart, you may appeal the administrative law judge and each filed in writing with the BLM office decision, order or determination in decision on an appeal will provide for where the decision was made within 30 accordance with parts 4 and 1840 of this the issuance of an appropriate order as days after the date of receipt of the title. provided in section 2(b) of the Act after decision. All decisions under this 153. Section 3715.9–1 is revised to the decision becomes final. A certified subpart will go into effect immediately read as follows: copy of any order issued must be filed and will remain in effect while appeals in the same State or county office in are pending unless a stay is granted in § 3715.9±1 Does an appeal suspend a BLM accordance with § 4.21(b) of this title. decision? which the location notice has been filed. Any order permitting mining operations (c) The written appeal must contain: (a) An immediate, temporary must be filed at the expense of the (1) The name and mailing address of suspension issued under § 3715.7–1(a) mining locator. the appellant; will go into effect immediately and will, (2) When applicable, the name of the in accordance with part 1840 of this PART 3740ÐPUBLIC LAW 585; mining claim(s) and serial number(s) title, remain in effect while an appeal is MULTIPLE MINERAL DEVELOPMENT assigned to the mining claims recorded pending unless a stay is granted in 156. An authority citation for part in accordance with subpart 3833 of this accordance with § 4.21(b) of this title. 3740 is added to read as follows: title which are subject to the appeal; and (b) The effect of all other decisions, (3) A statement of the reasons for the orders, or determinations under this Authority: 30 U.S.C. 521; 68 Stat. 708. appeal and any arguments the appellant subpart will be stayed in accordance 157. Section 3743.1 is revised to read wishes to present which would justify with part 1840 of this title. as follows: reversal or modification of the decision. 54140 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules

PART 3810ÐLANDS AND MINERALS subpart may appeal the decision in the application against which the SUBJECT TO LOCATION accordance with parts 4 and 1840 of this protest is filed, the protest must be title. accompanied by an application for a 161. The citation for the authority for grazing lease. part 3810 continues to read as follows: PART 3870ÐADVERSE CLAIMS, Authority: 30 U.S.C. 22 et seq.; 43 U.S.C. PROTESTS AND CONFLICTS PART 4300ÐGRAZING 1201 and 1740. ADMINISTRATION; ALASKA; 165. An authority citation for part REINDEER 162. Section 3816.3 is revised to read 3870 is added to read as follows: as follows: Authority: 30 U.S.C. 22 et seq., 43 U.S.C. 171. The authority citation for part § 3816.3 Recommendations of Bureau of 1740 et seq., 43 U.S.C. 1201 et seq. 4300 is revised to read as follows: Reclamation to open lands. 166. In § 3872.1, the first sentence of Authority: 43 U.S.C. 315; 43 U.S.C. 1740. If BLM receives an application and paragraph (a) is revised to read as 172. Section 4330.1 is revised to read finds it to be satisfactory, BLM will send follows: as follows: the duplicate to the Bureau of Reclamation and request a report and § 3872.1 Protest against mineral § 4330.1 Protests. applications. recommendation. If the Bureau of Protests against an application for a Reclamation recommends that the (a) At any time prior to the issuance grazing permit must be filed with the application be rejected, BLM will reject of patent, a protest may be filed in appropriate BLM office in accordance the application. Any party adversely accordance with parts 4 and 1840 of this with parts 4 and 1840 of this title. The affected by the rejection decision may title against the patenting of the claim protest must disclose all facts upon appeal the decision in accordance with as applied for, upon any ground tending which it is based, describe the lands parts 4 and 1840 of this title. to show that the applicant has failed to involved, and be accompanied by comply with the law in any matter evidence of service of a copy of the PART 3830ÐLOCATION OF MINING essential to a valid entry under the protest upon the applicant. If the person CLAIMS patent proceedings. * ** filing the protest wants to obtain a 167. Section 3872.2 is revised to read grazing permit for all or part of the land 163. The authority citation for part as follows: 3830 continues to read as follows: embraced in the application against § 3872.2 Procedure in contest cases. which the protest is filed, the protest Authority: 30 U.S.C. 22 and 28; 43 U.S.C. The procedures to be followed in all must be accompanied by an application 1201; 31 U.S.C. 9701; 16 U.S.C. 1901 and for a grazing permit. 1907; 43 U.S.C. 1740 and 1744; 30 U.S.C. contests and hearings to determine the 242; 50 U.S.C. Appendix 565; 107 Stat. 60; character of lands are in parts 4 and PART 4700ÐPROTECTION, 107 Stat. 405. 1840 of this title. MANAGEMENT, AND CONTROL OF 168. In § 3872.4 paragraph (c) is 164. Section 3833.5 is amended by WILD FREE-ROAMING HORSES AND revised to read as follows: revising paragraphs (d) and (h) to read BURROS as follows: § 3872.4 Procedure to dispute record character of land. 173. The authority citation for part § 3833.5 Effect of recording and filing. 4700 continues to read as follows: * * * * * * * * * * (c) Where as against the claimed right Authority: 16 U.S.C. 1331–1340; 18 U.S.C. (d) In the case of any action or contest to enter such lands as agricultural it is 47; 43 U.S.C. 315 and 1740. initiated by the United States affecting alleged that the same are mineral, or are 174. Section 4770.3 is revised to read an unpatented mining claim, mill, or applied for as mineral lands, the as follows: tunnel site, only those owners who have proceedings in this class of cases will be recorded their claim or site under in the nature of a contest, and will be § 4770.3 Administrative remedies. § 3833.1–2 or filed a notice of transfer of conducted in accordance with parts 4 (a) Any party who is adversely interest under § 3833.3 will be and 1840 of this title. affected by a decision of BLM made considered by the United States as under this part may appeal the decision parties whose rights are affected by the PART 4200ÐGRAZING in accordance with parts 4 and 1840 of action or contest and will be personally ADMINISTRATION; ALASKA; this title. Appeals and petitions for stay notified and served by certified mail LIVESTOCK of a decision of BLM must be filed sent to their last address of record. As within 30 days of receipt of the decision provided in subpart 1810 of this title, all 169. The authority citation for part by the adversely affected party. owners of record with BLM will be 4200 is revised to read as follows: (b) Notwithstanding the provisions of personally notified and served by Authority: 25 U.S.C. 500k; 43 U.S.C. 1740. § 4.21(a) of this title, BLM may provide certified mail, return receipt requested, 170. Section 4240.1 is revised to read that the decision to cancel a private sent to their last address of record. Such as follows: maintenance and care agreement will be owners will be deemed to have been effective upon issuance or on a date served if the certified mail was § 4240.1 Protests. established in the decision so as to delivered to that address of record, Protests against an application for a allow repossession of wild horses or regardless of whether the certified mail lease must be filed with the appropriate burros from adopters to protect the was in fact received by them. The notice BLM office in accordance with parts 4 animals’ welfare. provisions of this subpart are not and 1840 of this title. A protest must (c) Notwithstanding the provisions of applicable to the procedures for public disclose all facts upon which it is based, § 4.21(a) of this title, BLM may provide notice of a mineral patent application describe the lands involved, and be that decisions to remove wild horses or required under part 3860 of this title. accompanied by evidence of service of burros from public or private lands in * * * * * a copy of the protest on the applicant. situations where removal is required by (h) Any party adversely affected by a If the person filing the protest wants to applicable law or is necessary to decision of BLM made under this lease all or part of the land embraced in preserve or maintain a thriving Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules 54141 ecological balance and multiple use be in accordance with the provisions of § 9185.2±2 Lands omitted from original relationship will be effective upon parts 4 and 1840 of this title. survey. issuance or on a date established in the * * * * * decision. PART 5510ÐFREE USE OF TIMBER (b) Form of notice. No particular form of notice is required. The notice must 180. The authority citation for part PART 5000ÐADMINISTRATION OF make it clear, however, that the land 5510 is revised to read as follows: FOREST MANAGEMENT DECISIONS covered by the application is contended Authority: 61 Stat. 681; 69 Stat. 367; 48 to be public land owned by the United 175. The authority citation for part Stat. 1269; 30 Stat. 414; 30 U.S.C. 189 and 5000 is revised to read as follows: States and subject to survey and 601 et seq.; 43 U.S.C. 315, 1201 and 1740; administration as such, and that any Authority: 43 U.S.C. 1181(a); 30 U.S.C. 601 and 48 U.S.C. 423. protest against the proposed survey et seq.; 43 U.S.C. 1740. 181. In § 5511.1–4, paragraphs (a)(2) should be filed with the appropriate 176. Section 5003.1 is revised to read and (a)(4) are revised to read as follows: State Director in accordance with parts as follows: 4 and 1840 of this title. It must be § 5511.1±4 Free use of timber upon oil and shown what particular surveyed lands § 5003.1 Effect of decisions; general. gas leases. opposite the island, or adjoining the The filing of an appeal in accordance (a) * * * unsurveyed land, are owned by the with parts 4 and 1840 of this title will (2) Notice of rejection of application; adjacent land owner on whom the not automatically stay the effect of a right of appeal. The applicant will be notice is served. decision governing or relating to forest notified by registered mail if the permit 186. Section 9185.3–3 is revised to management made under §§ 5003.2 and applied for is not granted. The applicant read as follows: 5003.3. is allowed 30 days from service of § 9185.3±3 Majority of land owners. 177. Section 5003.3 is revised to read notice within which to appeal from the as follows: decision in accordance with parts 4 and A majority of the settlers in each 1840 of this title. township are required to join in the § 5003.3 Protests. application, and the endorsements of * * * * * (a) Protests of a forest management the entrymen and owners, including the decision, including advertised timber (4) Notice of action on application. State, whose holdings represent the sales, must be made in accordance with The applicant will be notified by major part of the area entered or parts 4 and 1840 of this title within 15 registered mail if the permit applied for patented must appear, with a days of the publication of a notice of is not granted. The settler or homestead description opposite each name of the decision or notice of sale in a entryman will be notified in a like lands actually occupied, entered, or newspaper of general circulation. manner before the issuance of the owned, and a statement as to whether (b) Protests must be filed with BLM permit if protests are filed in accordance the applicant is a settler, entryman, or and must contain a written statement of with parts 4 and 1840 of this title owner thereof. If an entryman or owner, reasons for protesting the decision. against the issuance of the permit. including the State, has failed for any reason to join in the application, (c) Protests received more than 15 PART 8370ÐUSE AUTHORIZATIONS days after the publication of the notice evidence of service of notice upon the of decision or the notice of sale are not 182. The authority citation for part entryman or owner is required. Notice timely filed and will not be considered. 8370 continues to read as follows: must be given for at least 30 days in advance of the filing of the application (d) Upon timely filing of a protest, Authority: 16 U.S.C. 460l–6a, 16 U.S.C. BLM will reconsider the decision to be in order that the entryman or owner 670(g–n), 16 U.S.C. 1271–1287, 6 U.S.C. may be afforded ample opportunity to implemented in light of the statement of 1241–1249, 43 U.S.C. 1201, 43 U.S.C. 1701 et reasons for the protest and other seq. protest in accordance with parts 4 and pertinent information available to BLM. 1840 of this title against the granting of (e) At the conclusion of the review, 183. Section 8372.6 is revised to read the resurvey. as follows: BLM will provide the protesting party PART 9230ÐTRESPASS with a copy of the written decision. § 8372.6 Appeals. (f) Upon denial of a protest filed 187. The authority citation for part (a) Any party adversely affected by a under paragraph (a) of this section, BLM 9230 continues to read as follows: decision of BLM made under this part may proceed with implementation of may appeal the decision in accordance Authority: R.S. 2478; 43 U.S.C. 1201; 43 the decision. with parts 4 and 1840 of this title. U.S.C. 1701 et seq.; 18 U.S.C. 1851–1858. PART 5470ÐCONTRACT (b) All decisions of BLM made under 188. In § 9239.5–3, paragraph (f)(3) is MODIFICATIONÐEXTENSIONÐ this part will go into effect immediately revised to read as follows: ASSIGNMENT and will remain in effect while appeals are pending unless a stay is granted in § 9239.5±3 Coal. 178. The authority citation for part accordance with § 4.21(b) of this title. * * * * * 5470 continues to read as follows: (f) * * * Authority: 30 U.S.C. 601 et seq., 43 U.S.C. PART 9180ÐCADASTRAL SURVEY (3) No penalty under this section may 1181e. be assessed unless the person is given 184. The authority citation for part notice and an opportunity for a hearing 179. Section 5475.7 is amended by 9180 continues to read as follows: with respect to the violation in revising paragraph (a) to read as follows: Authority: R.S. 2478; 43 U.S.C. 1201; 40 accordance with parts 4 and 1840 of this § 5475.7 Protests and appeals. Stat. 965, as amended; and 43 U.S.C. 773. title. (a) Any appeal filed prior to the 185. In § 9185.2–2, paragraph (b) is [FR Doc. 96–26397 Filed 10–16–96; 8:45 am] execution of a buy-out agreement must revised to read as follows: BILLING CODE 4310±84±P 54142 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules

FEDERAL COMMUNICATIONS Members of the public should note Federal Communications Commission. COMMISSION that from the time a Notice of Proposed John A. Karousos, Rule Making is issued until the matter Chief, Allocations Branch, Policy and Rules 47 CFR Part 73 is no longer subject to Commission Division, Mass Media Bureau. [MM Docket No. 96±202; RM±8879] consideration or court review, all ex [FR Doc. 96–26518 Filed 10–16–96; 8:45 am] parte contacts are prohibited in BILLING CODE 6712±01±F Radio Broadcasting Services; Mount Commission proceedings, such as this Vernon, KY one, which involve channel allotments. See 47 CFR 1.1204(b) for rules DEPARTMENT OF TRANSPORTATION AGENCY: Federal Communications governing permissible ex parte contacts. Commission. For information regarding proper Federal Highway Administration ACTION: Proposed rule. filing procedures for comments, see 47 CFR 1.415 and 1.420. 49 CFR Part 393 SUMMARY: The Commission requests comments on a petition filed by Rock List of Subjects in 47 CFR Part 73 [FHWA Docket No. MC±96±41] Communications of Mount Vernon, Radio broadcasting. proposing the allotment of Channel RIN 2125±AE05 270A at Mount Vernon, Kentucky, as Federal Communications Commission. the community’s second local FM John A. Karousos, Parts and Accessories Necessary for transmission service. Channel 270A can Chief, Allocations Branch, Policy and Rules Safe Operation; Development of a be allotted to Mount Vernon in Division, Mass Media Bureau. North American Standard for compliance with the Commission’s [FR Doc. 96–26520 Filed 10–16–96; 8:45 am] Protection Against Shifting or Falling minimum distance separation BILLING CODE 6712±01±F Cargo requirements with site restriction of 9.3 AGENCY: Federal Highway kilometers (5.8 miles) west to avoid Administration (FHWA), DOT. short-spacings to the licensed sites of 47 CFR Part 73 ACTION: Advance notice of proposed Station WKYM(FM), Channel 269A, [MM Docket No. 96±154; RM±8834] rulemaking; request for comments. Monticello, Kentucky, and Station WLJC(FM), Channel 271A, Beattyville, Radio Broadcasting Services; SUMMARY: The FHWA is considering Kentucky, at petitioner’s requested site. Wynnewood, OK proposing amendments to its The coordinates for Channel 270A at AGENCY: Federal Communications regulations concerning cargo Mount Vernon are North Latitude 37– Commission. securement requirements for 22–29 and West Longitude 84–26–41. ACTION: Proposed rule; dismissal of. commercial motor vehicles engaged in DATES: Comments must be filed on or interstate commerce. The FHWA before November 25, 1996, and reply SUMMARY: The Commission dismisses intends to consider adopting new cargo comments on or before December 10, the request of Bea Kimbrough seeking securement guidelines that will be 1996. the allotment of Channel 291A to based upon the results of a multi-year ADDRESSES: Federal Communications Wynnewood, OK, as the community’s comprehensive research program to Commission, Washington, DC 20554. In first local aural transmission service. evaluate current regulations and addition to filing comments with the Kimbrough filed comments industry practices. The FHWA is also FCC, interested parties should serve the withdrawing her interest in applying for requesting comments on the process to petitioner, or its counsel or consultant, the channel and no other parties filed be used in developing these preliminary as follows: John F. Garziglia, Esq., comments supporting the allotment. cargo securement guidelines. The Pepper & Corazzini, L.L.P., 1776 K With this action, this proceeding is FHWA is currently working on this Street, NW., Suite 200, Washington, DC terminated. research program with the Canadian 20006 (Counsel for Petitioner). DATE: October 17, 1996. Council of Motor Transport FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Administrators (CCMTA), State and Sharon P. McDonald, Mass Media Leslie K. Shapiro, Mass Media Bureau, Provincial agencies responsible for Bureau, (202) 418–2180. (202) 418–2180. motor carrier safety activities, the Commercial Vehicle Safety Alliance SUPPLEMENTARY INFORMATION: This is a SUPPLEMENTARY INFORMATION: This is a (CVSA), and U.S. and Canadian synopsis of the Commission’s Notice of synopsis of the Commission’s Report industry groups. This research program Proposed Rule Making, MM Docket No. and Order, MM Docket No. 96–154, is scheduled for completion by the end 96–202, adopted September 27, 1996, adopted September 27, 1996, and of 1996 with the final report to be and released October 4, 1996. The full released October 4, 1996. The full text published shortly thereafter. text of this Commission decision is of this Commission decision is available available for inspection and copying for inspection and copying during DATES: Comments must be received on during normal business hours in the normal business hours in the FCC or before December 16, 1996. FCC Reference Center (Room 239), 1919 Reference Center (Room 239), 1919 M ADDRESSES: Submit written, signed M Street, NW., Washington, DC. The Street, NW., Washington, DC. The comments to FHWA Docket No. MC– complete text of this decision may also complete text of this decision may also 96–41, Room 4232, HCC–10, Office of be purchased from the Commission’s be purchased from the Commission’s the Chief Counsel, Federal Highway copy contractor, International copy contractor, International Administration, 400 Seventh Street, Transcription Service, Inc., (202) 857– Transcription Services, Inc., (202) 857– SW., Washington, D.C. 20590. All 3800, 2100 M Street, NW., Suite 140, 3800, 2100 M Street, NW., Suite 140, comments received will be available for Washington, DC 20037. Washington, DC 20037. examination at the above address from Provisions of the Regulatory 8:30 a.m. to 3:30 p.m., e.t., Monday Flexibility Act of 1980 do not apply to List of Subjects in 47 CFR Part 73 through Friday, except Federal holidays. this proceeding. Radio broadcasting. Those desiring notification of receipt of Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules 54143 comments must include a self- meeting August 16–17, 1993, at the most of the research—and the CVSA. addressed, stamped postcard. Downsview, Ontario offices of the The CVSA is included in the drafting FOR FURTHER INFORMATION CONTACT: Mr. Ontario Ministry of Transportation. A group because it is an organization of Larry W. Minor, Office of Motor Carrier copy of the minutes from the meeting, Federal, State, and Provincial Research and Standards, HCS–10, (202) including a list of attendees, is in the government agencies and 366–4009; or Mr. Charles E. Medalen, docket file. A report identifying the representatives from private industry in Office of the Chief Counsel, HCC–20, cargo securement issues to be examined the United States, Canada, and Mexico (202) 366–1354, Federal Highway through the research program and dedicated to improvement of Administration, 400 Seventh Street, describing the research methodology to commercial vehicle safety. The SW., Washington, D.C. 20590. Office be used was published by the Ontario membership of the drafting group is hours are from 7:45 a.m. to 4:15 p.m., Ministry of Transportation in November limited because it is impractical to draft e.t., Monday through Friday, except of 1993. A copy of the report entitled ‘‘A a technical document with a larger Federal holidays. Proposal for Research to Provide a number of participants. Technical Basis for a Revised National As envisioned thus far, the process to SUPPLEMENTARY INFORMATION: Standard on Load Security for Heavy be used for further developing this Background Trucks’’ is included in the docket file. outline for the guidelines would involve a harmonization group which would On July 27, 1993, the House of Research Reports review major portions of this outline as Representatives held a hearing The research program involves the it is completed by the drafting group. concerning the adequacy of Federal testing of trailer anchor points (i.e., Membership in the harmonization group regulations on cargo securement as well stake pockets, D-rings, tensioning would be open to all interested parties as the enforcement of those regulations ratchets, etc.), the effect of binder type, in the U.S., Canada, and Mexico. This (Truck Cargo Securement Regulations chain size, and chain length on the process would be intended to ensure and Enforcement, 1993: Hearing Before tension of the tiedown assembly, that all interested parties had an the Subcommittee on Investigations and equalization of tension in the spans of opportunity to participate in the Oversight of the House of chain and webbing tiedowns, lateral and development of the guidelines, and to Representatives’ Committee on Public longitudinal movement of the cargo on identify and consider the concerns of Works and Transportation, 103rd Cong., tiedown tension, and blocking and the Federal, State, and Provincial 1st Sess. 32 (1993)). A copy of the July bracing, friction between the load and governments, carriers, shippers, 1993 proceeding is included in the the vehicle, or between individual industry groups, and associations as docket file. The hearing was prompted articles being transported (e.g., concrete well as safety advocacy groups and the by several cargo securement accidents pipe, lumber products, etc.). The general public. The harmonization that occurred in New York between research program is also examining group would hold public meetings at 1990 and 1993. During the hearing, the securement practices for transporting locations in the United States and Federal Highway Administrator (the steel coils and intermodal cargo Canada, during which drafts of the Administrator) indicated that the containers. North American Cargo Securement Ontario Ministry of Transportation had With the exception of the testing of Standard would be presented for review requested that the FHWA review a the securement systems for steel coils, and comment. Representatives of the proposal prepared on behalf of the all of the laboratory work is scheduled CCMTA and the CVSA would serve as CCMTA—a non-profit association of for completion by September 1996. The co-chairpersons for the harmonization senior officials from Federal, Provincial, tests involving steel coils are scheduled group and would organize the public and Territorial departments and for completion by the end of 1996. meetings. The FHWA would announce agencies responsible for the Individual research reports will be the dates of these meetings in the administration, regulation and control issued covering each of the testing Federal Register and maintain copies of of motor vehicle transportation and modules. The FHWA will publish the proceedings in this docket file. For highway safety—for a research program notices in the Federal Register to individuals and groups unable to attend to evaluate cargo securement regulations announce the availability of the research the meetings, the FHWA would, to the and industry practices. The reports. A comprehensive report extent practicable, publish each version Administrator informed the covering each of the testing modules, of the draft standard in the Federal subcommittee that the FHWA would and presenting conclusions and Register. Further, the FHWA and/or participate in the research effort and recommendations on cargo securement CCMTA would post information on the consider incorporating the results of the practices is expected to be published in INTERNET. Individuals and research into the Federal Motor Carrier June of 1997. organizations with INTERNET Safety Regulations (FMCSRs). electronic mail addresses would also be Standard Development Process A cargo securement research working provided with the opportunity to have group was organized by the CCMTA and The preliminary efforts at developing their names added to an electronic the Ontario Ministry of Transportation the North American Cargo Securement mailing list to receive information on to discuss the research methodology Standard are currently being managed the development of the standard. with industry groups and Federal, State, by a drafting group. The drafting group After all interested parties had had and Provincial governments in the is developing the outline for the the opportunity to comment, and their United States and Canada. The working guidelines with most of the detailed concerns had been considered, the final group, which included representatives performance criteria to be added as the version of the North American Cargo from the FHWA, Transport Canada (the research reports are completed. Securement Standard would be Federal department responsible for Membership in the drafting group published, and Federal, State, and developing and enforcing the regulatory includes representatives from the Provincial governments throughout aspects of motor vehicle and motor FHWA, Transport Canada, CCMTA, the North America would be encouraged to carrier safety), the CCMTA, the CVSA, Ontario Ministry of Transportation, adopt it. The FHWA intends, at that several States and Provinces, and U.S. Quebec Ministry of Transportation— point, to propose in an NPRM that the and Canadian industry, held its first Ontario and Quebec are conducting existing cargo securement regulations 54144 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules found at 49 CFR 393.100 through material way. Due to the preliminary for the purposes of the Paperwork 393.106 be amended to adopt the nature of this document and a lack of Reduction Act of 1995, 44 U.S.C. 3501– standard. necessary information on costs, 3520. however, the FHWA is unable to Request for Comments National Environmental Policy Act evaluate fully the economic impact of The FHWA is not offering for the potential regulatory changes being The agency has analyzed this comment at this time any proposed considered in this rulemaking. Based rulemaking for the purpose of the language for the North American Cargo upon the information received in National Environmental Policy Act of Securement Standard or amendments to response to this advance notice of 1969 (42 U.S.C. 4321–4347) and has the FMCSRs. The Agency is, however, proposed rulemaking, the FHWA determined that publication of this soliciting comments on its decision to intends to carefully consider the notice will not result in any effect on consider a rulemaking to overhaul its potential costs and benefits associated the quality of the environment. cargo securement regulations based with establishing new cargo securement Regulation Identification Number upon the research program described requirements. Comments, information, and other published cargo-securement and data are solicited on the economic A regulation identification number related research, such as Southern impact of establishing new (RIN) is assigned to each regulatory Illinois University’s March 1995 report requirements. action listed in the Unified Agenda of entitled ‘‘Analysis of Rules and Federal Regulations. The Regulatory Regulations for Steel Coil Truck Regulatory Flexibility Act Information Service Center publishes Transport.’’ (A copy of this report is Due to the preliminary nature of this the Unified Agenda in April and included in the docket file.) The FHWA document and lack of necessary October of each year. The RIN contained anticipates that a notice of proposed information on costs, the FHWA is in the heading of this document can be rulemaking will be issued by the end of unable to evaluate fully the effects of the used to cross reference this action with 1997 and, depending on the comments potential regulatory changes on small the Unified Agenda. received, a final rule issued in 1998. entities. Based upon the information List of Subjects in 49 CFR Part 393 The FHWA is also requesting comments received in response to this advance on the process that would be used to notice of proposed rulemaking, the Highway safety, Motor carriers, Motor develop the North American Cargo FHWA intends, in compliance with the vehicle safety. Securement Standard. Following a Regulatory Flexibility Act (5 U.S.C. Authority: 49 U.S.C. 31136, 31502; 49 CFR review of the docket comments sent in 601–612), to carefully consider the 1.48. response to this notice, the FHWA will economic impacts of these potential Issued on: October 8, 1996. publish a notice that summarizes the changes on small entities. The FHWA Rodney E. Slater, comments and identifies any issues that solicits comments, information, and Federal Highway Administrator. warrant reconsideration of the standard data on these impacts. development process. [FR Doc. 96–26670 Filed 10–16–96; 8:45 am] Executive Order 12612 (Federalism BILLING CODE 4910±22±P Rulemaking Analyses and Notices Assessment) All comments received before the This action has been analyzed in close of business on the comment accordance with the principles and Surface Transportation Board closing date indicated above will be criteria contained in Executive Order 49 CFR Part 1313 considered and will be available for 12612, and it has been determined that examination in the docket room at the this rulemaking does not have sufficient [STB Ex Parte No. 541] above address. Comments received after Federalism implications to warrant the the comment closing date will be filed preparation of a Federalism assessment. Railroad Contracts in the docket and will be considered to This document merely solicits AGENCY: Surface Transportation Board, the extent practicable. In addition to late comments on the FHWA’s consideration Transportation. comments, the FHWA will also of proposing to replace the existing ACTION: Notice of proposed rulemaking. continue to file in the docket relevant cargo securement regulations with the information that becomes available after North American Standard currently SUMMARY: The Board proposes to modify the comment closing date, and under development. No additional costs its existing regulations that govern interested persons should continue to or burdens will be imposed on the contracts under 49 U.S.C. 10709 that are examine the docket for new material. States as a result of this notice and the entered into between one or more rail Executive Order 12866 (Regulatory States’ ability to discharge traditional carriers and one or more purchasers of Planning and Review) and DOT State government functions will not be rail services for the transportation of Regulatory Policies and Procedures affected. agricultural products. The proposed The FHWA has determined that this Executive Order 12372 regulations eliminate provisions for action is not a significant regulatory (Intergovernmental Review) filings that are no longer required, and action within the meaning of Executive otherwise largely continue existing Catalog of Federal Domestic filing and information disclosure Order 12866. The FHWA has Assistance Program Number 20.217, preliminarily determined that this requirements for agricultural contract Motor Carrier Safety. The regulations summaries. rulemaking is a significant rulemaking implementing Executive Order 12372 action under the Department of regarding intergovernmental DATES: Comments are due on November Transportation’s regulatory policies and consultation on Federal programs and 18, 1996. procedures. The regulatory action being activities do not apply to this program. ADDRESSES: Send comments (an original considered is not expected to have an and 10 copies) referring to STB Ex Parte annual effect on the economy of $100 Paperwork Reduction Act No. 541 to: Surface Transportation million or more nor is it likely to This action does not contain a Board, Office of the Secretary, Case adversely affect the economy in a collection of information requirement Control Branch, 1201 Constitution Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules 54145

Avenue, N.W., Washington, DC 20423– phoning DC News and Data, Inc., at DEPARTMENT OF COMMERCE 0001. (202) 289–4357. FOR FURTHER INFORMATION CONTACT: National Oceanic and Atmospheric Request for Comments Beryl Gordon, (202) 927–5660. [TDD for Administration the hearing impaired: (202) 927–5721.] We invite comments on all aspects of 50 CFR Part 679 SUPPLEMENTARY INFORMATION: The ICC the proposed regulations. We encourage Termination Act of 1995, Pub. L. No. any commenter that has the necessary [I.D. 100996A] 104–88, 109 Stat. 803 (1995) (ICCTA), technical wherewithal to submit its abolished the Interstate Commerce comments as computer data on a 3.5- RIN 0648±AI63 Commission (ICC) and transferred inch floppy diskette formatted for responsibility for regulating rail WordPerfect 5.1, or formatted so that it Fisheries of the Exclusive Economic transportation to the Surface can be readily converted into Zone off Alaska; Definition of Transportation Board (Board). As WordPerfect 5.1. Any such diskette Overfishing pertinent here, the ICCTA also reduced submission (one diskette will be AGENCY: National Marine Fisheries regulatory oversight of rail sufficient) should be in addition to the Service (NMFS), National Oceanic and transportation contracts in several written submission (an original and 10 Atmospheric Administration (NOAA), significant ways. First, the ICCTA copies). Commerce. limited such oversight to contracts ACTION: Notice of availability of covering the transportation of Small Entities amendments to fishery management agricultural products. Second, even as The Board preliminarily concludes plans; request for comments. to contracts for agricultural products, that these rules, if adopted, would not the ICCTA eliminated the requirement have a significant economic effect on a SUMMARY: These amendments would that railroads file copies of the contracts substantial number of small entities. revise definitions of acceptable with the Board; railroads need only file One commenter, the Kansas Grain and biological catch (ABC) and overfishing a summary of each contract. Third, the Feed Association (KGFA), asserts that levels (OFLs) for groundfish species or ICCTA removed various outdated these regulations will have a significant species groups. The North Pacific provisions and procedural details, economic impact on a substantial Fishery Management Council (Council) leaving it to the Board to maintain number of small entities by influencing has submitted Amendment 44 to the appropriate implementing procedures. its members’ daily markets for the sale Fishery Management Plan for In an advance notice of proposed Groundfish of the Gulf of Alaska (GOA) rulemaking in this proceeding, served and purchase of agricultural products. KGFA’s contention relates to the rail and Amendment 44 to the Fishery March 26, 1996 (61 FR 13147), we Management Plan for the Groundfish invited interested persons to submit contracting practices permitted by both the former and new statutes, not the Fishery of the Bering Sea and Aleutian suggestions for appropriate regulations Islands Area (BSAI) (FMPs). This action to implement 49 U.S.C. 10709, in place impact of these regulations. The proposed regulations merely reflect the is necessary to ensure that conservation of the now-outdated rules at 49 CFR part and management measures continue to 1313. In response, we received modest changes effected by the ICCTA, and largely continue existing contract be based upon the best scientific comments from shipper, carrier and rail information available and is intended to employee interests. Shippers contended disclosure requirements for agricultural products. advance the Council’s ability to achieve, that the existing information disclosure on a continuing basis, the optimum requirements for agricultural contracts The Board, nevertheless, seeks yield from fisheries under its have proven to be adequate, and that all comment on whether there would be jurisdiction. NMFS is requesting of them should be continued. Rail effects on small entities that should be comments from the public on the carriers proposed to reduce the considered, so that the Board can proposed amendments, copies of which information required to be disclosed. determine whether to prepare a may be obtained from the Council (see After considering the comments, we regulatory flexibility analysis at the final ADDRESSES). propose to revise our regulations to rule stage. DATES: Comments on Amendments 44/ eliminate provisions for filings that are 44 must be submitted by December 10, no longer required, and otherwise to Environment 1996. continue many of the existing filing and This action will not significantly ADDRESSES: Comments on the FMP information disclosure requirements for affect either the quality of the human agricultural contract summaries. Certain amendments should be submitted to environment or the conservation of Ronald J. Berg, Chief, Fisheries other minor revisions, such as changes energy resources. to the time period within which the Management Division, Alaska Region, Board must take action against new and List of Subjects in 49 CFR Part 1313 NMFS, P.O. Box 21668, Juneau, AK amended contracts, are proposed to 99802, Attn: Lori Gravel, or delivered to reflect related changes made by the Agricultural products, Contract the Federal Building, 709 West 9th ICCTA. Additionally, we propose to add summaries, Rail carriers, Transportation Street, Juneau, AK. Copies of a new requirement that summaries for contracts. Amendments 44/44 and the agricultural contracts be filed within Decided: October 4, 1996. environmental assessment (EA) and related economic analysis prepared for seven days of the date of a contract or By the Board, Chairman Morgan, Vice amended contract. In other respects, the the proposed action are available from Chairman Simmons, and Commissioner the North Pacific Fishery Management proposed regulations do not Owen. significantly change the existing rules. Council, 605 W 4th Ave., Suite 306, Vernon A. Williams, Anchorage, AK 99501–2252; telephone: Availability Secretary. 907–271–2809. The full text of the proposed rules is [FR Doc. 96–26438 Filed 10–16–96; 8:45 am] FOR FURTHER INFORMATION CONTACT: available to all persons for a charge by BILLING CODE 4915±00±P James Hale, 907–586–7228. 54146 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules

SUPPLEMENTARY INFORMATION: The since implementation of that definition, In tier (1), ABC and OFLs are set by Magnuson Fishery Conservation and fishery scientists have had the deriving two different statistical means Management Act (Magnuson Act) opportunity to evaluate the efficacy of or averages from the probable values for requires that each Regional Fishery current definitions of ABC and OFL. In fishing mortality at MSY. The OFL is set Management Council submit any FMP light of that experience and with at the arithmetic mean (the same as a or plan amendment it prepares to NMFS increased understanding of the common ‘‘average’’), and the ABC is set for review and approval, disapproval, or reference fishing mortality rates used to at the harmonic mean, which results partial disapproval. The Magnuson Act define ABCs and OFLs, fishery typically in a lower value than the also requires that NMFS, after receiving scientists have raised several concerns common average. The harmonic mean a fishery management plan or about the present definitions and the grows increasingly lower in relation to amendment, immediately publish a extent to which they reflect and account the average as the probable values document in the Federal Register that for levels of uncertainty about fish stock become more widely distributed. For the fishery management plan or populations. Consequently, NMFS’ example, the average for the series of amendment is available for public Overfishing Definitions Review Panel values 3, 4, 5, 6, and 7 is 5; the review and comment. This action (ODRP) and the Council’s Scientific and harmonic mean for the same series of constitutes such notice for Amendments Statistical Committee (SSC) values is 4.57. The series of values 1, 2, 44/44 to the FMPs. recommended redefining ABC and 5, 8, and 9, for which the average is also Section 301(a) of the Magnuson Act overfishing to facilitate more 5, produces in contrast a harmonic establishes national standards for conservative, risk-averse management mean of 2.58. fishery conservation and management measures when stock size and mortality When applied to the range of probable and requires that all fishery rates are not fully known. values for fishing mortality at MSY, the management plans create management The ODRP and SSC recommended harmonic mean would produce a value measures consistent with those that a new definition of overfishing for ABC that becomes increasingly standards. National Standard 1 requires should: (1) Compensate for uncertainty lower in relation to the OFL as the that conservation and management in estimating fishing morality rates at a uncertainty in approximating the true measures shall ‘‘prevent overfishing level of maximum sustainable yield value for fishing mortality increases. while achieving, on a continuing basis, (MSY) by establishing fishing mortality This process creates a buffer between the optimum yield’’ from fisheries in rates more conservatively as biological ABC and OFL to protect the stock Federal waters. National Standard 2 parameters become more imprecise; (2) against uncertainty in management requires further that conservation and relate fishing mortality rates directly to parameters and against overly aggressive management measures be based on the biomass for stocks below target harvest. Conversely, when the probable best scientific information available. abundance levels, so that fishing values for fishing mortality are clustered The Magnuson Act includes a general mortality rates fall to zero should a within a relatively small range, greater definition of overfishing, but does not stock become critically depleted; and (3) probability (i.e., less uncertainty) exists establish specific measures for maintain a buffer between ABC and the that the true value for fishing mortality determining where overfishing may OFL. Accordingly, stock assessment will be approximated. In that case, the occur. Pursuant to § 301(b) of the scientists at the NMFS Alaska Fisheries buffer between ABC and overfishing Magnuson Act, the Secretary of Science Center have developed new would decrease appropriately. Commerce issued advisory guidelines proposed definitions consistent with If the probabilities (i.e., the amount of (codified at 50 CFR part 600, subpart D) these recommendations. uncertainty) cannot be reliably assessed that provide comprehensive guidance for variables associated with fishing for the development of fishery Revised Definitions of ABC and mortality at MSY, the remaining tiers management plans and amendments. Overfishing provide, in descending order, for An amendment to the advisory The proposed definitions involve determination of ABC and OFLs with guidelines (54 FR 30826, July 24, 1989) sophisticated statistical analyses of fish increasingly limited information. For requires that fishery management plans population dynamics. The analyses tiers (1) and (2), the target abundance specify an objective and measurable develop a series of six levels or tiers of level is the size of the biomass necessary definition of overfishing for each reliable information available to fishery to produce MSY. Tier (3) provides for managed stock or stock complex and scientists. OFLs would be determined stocks for which reliable estimates of provide for an analysis of how the according to the tier that best biomass at MSY are not available by definition was determined and how it characterizes the available information. setting the target abundance level at an relates to biological potential. The The first tier, operating on the best estimate of the long-term average guidelines require that an overfishing available information, requires estimates biomass that would be expected under definition will: (1) Have sufficient of biomass and biomass at the level of average recruitment and a fishing scientific merit, (2) be likely to protect MSY and a reliable description of the mortality rate that would reduce the the stock from closely approaching or uncertainty (or probabilities) attending lifetime spawning stock to 40% of what reaching an overfished status, (3) the variables involved in calculating it would be in the absence of fishing. provide a basis for objective fishing mortality at the level of MSY. Tiers (4) - (6) provide for stocks where measurement of the status of the stock Uncertainty is described by the target abundance levels cannot be against the definition, and (4) be distribution density of probable values: known. operationally feasible. See 50 CFR the more widely distributed the In tiers (2) - (5), ABC and OFL would § 600.310(c)(5). probable values, the more uncertainty be determined by reliable information In response to the national standards exists in estimating which value most on point estimates of biological factors: and advisory guidelines, the Council closely approximates the true value. biomass (tiers (2) - (5)); fishing mortality developed an objective and measurable Conversely, when probable values are rates at MSY (tier (2)); long-term average definition of overfishing and, in 1991, clustered in a relatively small range, biomass under average recruitment (tier implemented that definition under greater certainty exists that any one of (3)); percentages of the level of Amendments 16 and 21 to the FMPs (56 these values represents a close spawning per recruit necessary to FR 2700, January 24, 1991). In the years approximation of the true value. maintain the biomass in the absence of Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Proposed Rules 54147 any fishing (tiers (2) - (4)), or natural Have sufficient scientific merit, (2) is follows the ODRP’s suggestion that mortality (tier (5)). In each of tiers (2) - likely to protect the stock from closely management targets (ABC in this case) (5), ABC is set substantially lower than approaching or reaching an overfished be distinguished clearly from the OFL, in the case of moderately status, (3) provides a basis for objective management thresholds (OFL). Even if depleted stocks, by being correlated to measurement of the status of the stock catches caused ABC to be exceeded by biomass size. In the case of severely against the definition, and (4) is a small amount, overfishing would not depleted stocks, tiers (1) - (4) set ABC operationally feasible. The Science likely result. and OFL at zero. When biological Director has certified that this proposed information is extremely limited, tier (5) definition of overfishing complies with Objective Measurement establishes an ABC level at 25 percent each factor of the guidelines, based on The new definition is integrated into below the natural mortality rate. the following rationale. the management system in an explicit, The sixth and final tier applies to Scientific Merit objective, and measurable way. Each stocks for which the only reliable year, stock assessments are conducted The scientific merit of Amendments information available is catch history. In on every species or assemblage managed 44/44 can be established on the basis of such cases, the OFL would be set as the under the BSAI and GOA groundfish both internal and external evidence. average catch from 1978 through 1995, FMPs. Each of these assessments Internally, evidence is provided by the unless an alternative value is produces quantitative values for the extremely thorough scientific analysis of established by the SSC on the basis of catches corresponding to ABC and OFL. the new definition contained in the EA the best available scientific information, Following review and possible and the economic analysis, both in the and ABC would be set lower than or modification by the Plan Teams and main text and in the appendices. In equal to 75 percent of that OFL. SSC, these are approved by the Council, Under the current definitions, the addition, these documents cite which then adjusts ABC (downward) as OFL is set equal to the average catch examples from the scientific literature appropriate in order to arrive at the total between 1977 and the current year in which support the new definition. allowable catch. Rigorous in-season the absence of reliable biological External evidence comes in the form of monitoring of the fishery produces a information. As long as catch never peer review from the scientific real-time estimate of the commercial exceeds that OFL, this forces the OFL to community. Because the existing catch, which is continually compared decrease over time. The SSC expressed definitions of ABC and the OFL have against the harvest specifications to concern that OFL should instead remain been in place for several years, there has determine whether the fishery can constant over time when catch history is been ample opportunity for scientific remain open. Because the harvest the only information available. By review thereof. For example, the specifications and the commercial catch setting terminal years at 1978 and 1995, existing definitions have been reviewed are measured in the same units, the the proposed definition would create a by the Council’s BSAI and GOA Plan objective basis for comparison of the constant OFL for applicable fisheries. Teams, the Council’s SSC, and NMFS’ two is clear. Catch history bears no relationship to ODRP. Each of these bodies consists at biomass levels. However, in the absence least in part of scientific experts in the Operational Feasibility of reliable biological information that field of marine fish stock assessment. would provide indicators about stock The ODRP in particular was constituted As noted above, the new definition is levels, catch history offers the only explicitly for the purpose of providing tightly integrated into the existing alternative, quantifiable information by expert scientific review of overfishing management system, as is the existing which to manage a fishery. Tier (6) definitions developed pursuant to the definition. Insofar as the existing specifically provides for management of guidelines contained in 50 CFR definition is operationally feasible, a fishery for which scientists have no § 600.305. The definitional changes having successfully prevented other reliable and quantifiable contained in Amendment 44/44 are in overfishing of the groundfish resources information to indicate stock levels. In direct response to requests made by the since its implementation in 1990, and developing this final tier, the Council SSC and ODRP. These changes have given that the new definition only wanted to allow for the possibility that been reviewed and are supported by the improves on the existing one (e.g., other information may become available BSAI and GOA Plan Teams and the through imposition of a buffer between that, while insufficient to establish OFL SSC. In addition, the material presented ABC and OFL to reduce the level of by a higher tier, would provide a more in Appendix B of the EA and related danger implied by a harvest overrun), it accurate assessment of stock levels. In economic analysis has been presented is straightforward to predict that the this event, tier (6) allows for such in three different international scientific new definition will be operationally information to supersede catch history symposia, in the context of which it has feasible as well. in determining ABC and OFLs. been subject to the review of a large NMFS will consider the public Under the proposed revision, the SSC number of the world’s foremost comments received during the comment has responsibility for determining the scientific authorities in this area of period in determining whether to reliability of information by using either research. approve the proposed amendments. No objective or subjective criteria. The regulatory changes are necessary to formal review process for a proposed Effective Action implement these FMP amendments. definition of overfishing requires, prior One of the important innovations of Authority: 16 U.S.C. 1801 et seq. to NMFS approval, certification by the the new definition is that it institutes a Director, Alaska Fisheries Science mandatory buffer between ABC and Dated: October 11, 1996. Center, NMFS (Science Director), that OFL in all cases (under the existing Gary Matlock, the proposed definition complies with definition, ABC and OFL can be the Director, Office of Sustainable Fisheries, guidelines provided at 50 CFR same, meaning that there is nothing to National Marine Fisheries Service. 600.310(c)(5). These guidelines provide prevent the stock from being fished right [FR Doc. 96–26633 Filed 10–11–96; 3:07 pm] that an overfishing definition must: (1) up to the OFL). The new definition BILLING CODE 3510±22±F 54148

Notices Federal Register Vol. 61, No. 202

Thursday, October 17, 1996

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: 4. Determine land suitable for the contains documents other than rules or production of timber (16 U.S.C. 1604(k) National Forests in North Carolina; proposed rules that are applicable to the and 36 CFR 219.14). public. Notices of hearings and investigations, Planning Staff Officer—George H. 5. Establish the allowable sale committee meetings, agency decisions and Cook—phone: (704) 257–4237. quantity for timber within a time frame rulings, delegations of authority, filing of RESPONSIBLE OFFICIAL: The Regional specified in the Forest Plan (36 CFR petitions and applications and agency Forester for the Southern Region located 219.16). statements of organization and functions are at 1720 Peachtree Road, NW, Atlanta, examples of documents appearing in this 6. Establish monitoring and section. Georgia 30367, is the Responsible evaluation requirements (36 CFR Official. 219.11(d)). Affected Counties 7. Recommend roadless areas, which, DEPARTMENT OF AGRICULTURE if any, are proposed for potential This Notice of Intent affects the wilderness designation (36 CFR 219.17). following North Carolina Counties: Forest Service The Croatan National Forest is Croatan National Forest: Carteret, Craven, completing its first planning cycle, Revised Land and Resource and Jones. which occurs at 10 to 15 year intervals. Management Plan for the Croatan SUPPLEMENTARY INFORMATION: The current Forest Plan includes National Forest management direction for the Croatan 1. The Purpose and Need for Action and the Uwharrie National Forests. We AGENCY: Forest Service, USDA. Natural resource management propose to establish 2 separate Forest ACTION: Notice of Intent to Prepare an decisions are made in two stages. First Plans, one for each National Forest. This Environmental Impact Statement. stage decisions allocate land and notice focuses on revising management resources to various uses or conditions direction for the Croatan National SUMMARY: Pursuant to 36 CFR 219.10(g), by establishing management Forest. The notice for revising the the Regional Forester for the Southern prescriptions and where they apply in Uwharrie National Forest Plan will be Region gives notice of the Agency’s the plan area. These first stage decisions issued separately. intent to prepare an Environmental become the Forest Plan, which sets a 2. Preliminary Issues Impact Statement (EIS) for the revision framework for the next stage of decisions. Second stage decisions The revised Forest Plan will focus on of the Forest Land and Resource key issues that have surfaced from Management Plan (Forest Plan) for the approve site-specific projects that implement the Forest Plan. reviews of the current Forest Plan. The Croatan National Forest. According to 5-year review, as specified in the Forest Plans establish goals and 36 CFR 219.10(g), Forest Plans are planning regulations, was conducted in objectives to achieve the desired ordinarily revised on a 10–15 year cycle. 1992. A review of the ‘‘analysis of the resource conditions for National Forests. Several amendments have been made to management situation’’ was conducted These Forest Plans also establish limits the Forest Plan since it was approved in in 1996. Results of these reviews on actions (standards) that can be taken 1986. identifies conditions that have changed to meet desired conditions. Planners The Agency invites written comments over time. These changes have created often use management areas to delineate within the scope of the analysis new issues on the Croatan National where management prescriptions and described below. In addition, the Forest. their associated goals, objectives, and Agency gives notice that an open and Managers of the Croatan National standards apply in the plan area. full environmental analysis and Forest are faced with issues both decision-making process will occur on Forest Plans guide site-specific National and local in scope. The the proposals so that interested and actions. Projects are designed to change preliminary issues are framed as the affected people may participate and conditions from current to desired following topics and needs. contribute to the final decision. according to the management A. Biological Diversity. Biological prescriptions in the Forest Plan. These diversity refers to the variety of life, its DATES: Comments concerning the scope site-specific actions must be consistent forms, and the levels of organization. To of the analysis should be received by with Forest Plans. manage for biodiversity, means to January 17, 1997. The Agency expects to Integrating multiple-resource maintain the stability and resilience of file the Draft Environmental Impact conditions and uses is one important ecosystems to respond and recover from Statement (DEIS) with the outcome of Forest Plans. The decisions natural and human induced Environmental Protection Agency and made in Forest Plans are outlined in the disturbances. make them available for public planning regulations summarized 1. On the Croatan National Forest, comment in March of 1997. The Agency below. recovery of the red-cockaded expects to file the Final Environmental 1. Establish forest-wide multiple-use woodpecker (RCW) depends on Impact Statement (FEIS) in November of goals and objectives (36 CFR 219.11(b)). restoring the longleaf pine community 1997. 2. Establish forest-wide management through natural fire regimes. Longleaf ADDRESS: Submit written comments to requirements (36 CFR 219.13 to 219.27). pine communities are less susceptible to the Forest Supervisor at the following 3. Establish multiple-use a variety of pests and pathogens and address: National Forests in North prescriptions and associated standards catastrophic wildfire. We need to Carolina; P.O. Box 2750; Asheville, NC and guidelines for each management designate the RCW Habitat Management 28802. area (36 CFR 219.11(c)). Areas, set population objectives, and Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54149 locate and set management direction for 2. White Oak River and Brices Creek fragile natural communities, RCW clusters and habitat linkages. will be assessed to determine their opportunities for non-motorized 2. Species diversity is enhanced by suitability as Wild and Scenic Rivers. recreation use, and resource damage restoring natural community The issue is whether or not to from legal and illegal off-highway composition, structure, and function, recommend these rivers for Wild and vehicle use. The issue here is to what including wetlands. We need to identify Scenic designation by Congress. extent should motorized access be which natural communities should be D. Vegetation and Timber available on the National Forest. targeted for restoration and to what level Management. Concerns about ecosystem G. Local Communities. As local should the restoration efforts be. health, biological diversity, and rare communities grow, the pressure 3. Black bear and its habitat are species and communities drive a change increases to accommodate a variety of important components of the ecosystem. in existing forest types and extent. The special uses on the Forest. These special We need to estimate the quantity and re-establishment of longleaf pine for uses should blend with the multiple distribution of habitat needed to RCW recovery may require different uses of the National Forest. We need to maintain a stable population. Bear regeneration methods compared to determine what kinds and extents of require hard mast foods, habitat linkages current practices. Sustaining healthy special uses to allow for supporting and freedom from motorized timber stands provided RCW habitat local municipal growth within the disturbance. and raw materials for local economies. context of multiple uses of the National 4. Neotropical migratory birds require 1. We will determine what lands on Forest. a minimum block or patch size. At issue the Croatan will be suitable for timber production based on criteria in 36 CFR 3. Proposed Actions and Preliminary is which species are present, what Alternatives patches currently exist, and how many 219.14. 2. Current vegetation cover types In this section, we disclose some should there be distributed across the would change as a result the RCW preliminary proposals to address the forest. recovery. Longleaf pine would be issues. These proposals were developed B. Recreation Opportunities. People emphasized on appropriate land types, from an analysis of the current are seeking nature-based recreation resulting in increased acres of longleaf conditions. opportunities, but demands for settings on the Croatan National Forest. The A. Biological Diversity. Restoration of and activities range from primitive to issue is how extensive should the RCW populations and their habitat will highly developed. Also, the desires of longleaf restoration be, what is the rate be emphasized. Ecologically unique traditional local users often differ from of restoration efforts, and what aquatic ecosystems such as large new recreationists drawn from a regeneration methods should be used. pocosin lakes which support acid growing local tourist industry and E. Fire Management. Fire is the tolerant fish and other aquatic species, newcomers to the local community. The primary disturbance factor on the and swamp drainage streams and amount and patterns of use for different Croatan National Forest; it has a vital estuaries which are important habitats activities are changing. The current mix role in the management of the for anadramous and catadramous fish of recreation opportunities no longer ecosystem. Prescribed fire limits species will be protected. responds to changing public demands hazardous fuel buildup and maintains 1. Regional direction for recovery of and expectations. The effects of communities that depend on fire. the RCW is documented in the recreation use on ecological and cultural Prescribed fire can be scheduled to meet Environmental Impact Statement for the resources is also a concern. land management objectives, including Recovery of the Red Cockaded We need to determine what mix of the reduction of wildfire risk to urban Woodpecker (1995). Specific standards resource-compatible recreation settings, interface areas. are disclosed for cluster, recruitment, activities, and facilities should be 1. We need to determine the areas of and replacement stands, as well as provided on the Croatan National wildland urban interface concerns and foraging habitat. A tentative population Forest, and what level of use is what role prescribed fire on National objective is given in the EIS, but final sustainable. Forest lands has in reducing wildfire population objectives must be C. Special Land Allocations. risks to these areas of concern. established through the Forest Plan. Wilderness, Wild and Scenic Rivers, 2. In the restoration of natural Currently there are 60 active and 24 and Research Natural Areas are communities on the Croatan, fire has the inactive clusters. We estimate the allocations of lands to specific uses; most far-reaching effect. We need to maximum population could be 190 some require Congressional designation. determine the amount and timing of clusters. This would require the These specially allocated lands may not prescribed fire needed to accomplish designation of a habitat management allow or may have reduced levels of vegetation management goals. area of 63,700 acres. Reasonable timber and wildlife management, and 3. Determinations need to be made as alternatives for population objectives may have limited recreational access. to whether or not natural (lightning) fire could range from about 130 to 190 The concern is while many people may should be allowed to burn, particularly clusters. Consultation with the U.S. Fish want to see more of these areas, others in wilderness, and, if so, under what and Wildlife Service will begin may oppose allocating land to these conditions. immediately to help set RCW uses and may even desire a reduction in F. Access. Public access to enter, use, population objectives. the quantities currently established. The or pass through the Croatan National 2. Linked with RCW populations is following special land allocations will Forest has become increasingly the restoration of longleaf pine be addressed in the Forest Plan revision. controversial due to a growing local communities. These communities 1. We will assess the wilderness population, changes in adjacent land occupy less than 4 percent of its original resource and determine whether or not use, and concerns about the impacts to presettlement range. Currently, the to recommend additional areas for forest resources. These concerns include Forest contains about 12,000 acres of Congressional designation. In addition, illegal trash dumping, illegal and legal longleaf pine forests with the potential natural fire and prescribed fire will be shooting from roads, protection for to restore up to 33,000 acres. This evaluated as a way to restore natural wildlife that require freedom from would require converting about 11,000 processes to the wilderness. motorized disturbance, protection of acres of loblolly and 10,000 acres of 54150 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices pond pine to the longleaf community of the Croatan is a roaded-natural setting signs of prior human activity are type. that supplies motorized recreation disappearing or being muted by natural Other rare communities include opportunities. About 20 percent of the forces. Criteria provides for roadless canebrakes, marshes, and wetlands. landbase meets semi-primitive non- areas to include no more than one-half Preliminary estimates for restoration are motorized conditions. The Forest now mile of improved road for each 1,000 660 acres of marsh and 34,000 acres for provides a full range of nature-based acres. canebrakes. The Natural Heritage recreation activities. Most activities take The Croatan National Forest contains Program, through the State of North place on or near water bodies. Sites and 20,800 acres in 7 roadless areas. Six of Carolina, provides information about facilities that feature water are often full these areas adjoin the 4 existing rare communities. They have proposed or near capacity at peak times, congressionally designated wildernesses adding 18 additional special interest suggesting the need for more of these on the forest. Whether or not to areas for the protection of rare opportunities. Primary land-based recommend wilderness on the forest. communities. Criteria will be developed activities now occurring include Whether or not to recommend to evaluate these areas. The ecological hunting and off-highway vehicle riding. wilderness designation for each of the classification system is used to evaluate Demand for opportunities for horse and roadless areas will depend on a restoration efforts. The landscape is mountain bike riding and nature suitability analysis. Each wilderness mapped by ecological unit which viewing is growing. Alternative setting area could be expanded as follows: identifies the potential vegetative distributions will be evaluated using Catfish Lake South Wilderness—405 community type that could be sustained Recreation Opportunity Spectrum acres; Sheep Ridge Wilderness—5,806 at given sites. By comparing the current (ROS). The appropriate mix of acres; Pond Pine Wilderness—3,010 community type with its potential, the recreation activities, facilities, and level acres; Pocosin Wilderness—286 acres. amount of restoration is identified. of use will be determined by these The remaining 11,293 acres are in a 3. Black bear habitat will be derived setting alternatives. single roadless area. Criteria for the mapping patches of suitable habitat Although high quality stream fishing suitability analysis is from FSH 1909.12, across the landscape. Open road density opportunities are available on the Chapter 7. and available hard mast are among the Croatan National Forest, access is often D. Vegetation and Timber criteria to evaluate these patches. The limited and could be improved by the Management. If high population levels North Carolina Wildlife Commission construction of canoe and small boat are set for the recovery of RCW, the will assist with the development of any access areas. Additional bank fishing restoration of longleaf pine communities additional criteria. The Commission has opportunities for local anglers could be would likely be accelerated which could also provided information about provided by planning trails that would increase timber harvesting and outputs. habitats they may be suitable for bear, access portions of exceptional stream About 1 million board feet are currently wild turkey, small game, waterfowl and fisheries and by the construction of harvested from the Croatan National sensitive habitats. small lakes and ponds in areas where Forest. 4. Similar to black bear, suitable water quality would facilitate intensive 1. Approximately 90,000 acres are not habitat for neotropical migratory birds management for high yields of sport suited for timber production using will be mapped as patches across the fish. criteria for Stage 1 in 36 CFR 219.14. landscape. Criteria are being developed C. Special Land Allocations. That leaves about 50,000 acres as to conduct this mapping effort. A Amendment #2 of the current Forest tentatively suited for timber production. literature search is underway to Plan determined White Oak River to be The current Forest Plan has about determine the extent of past and current eligible for designation as a National 27,000 acres suitable for timber populations of these birds on the Wild and Scenic River with potential for production. In alternatives, the range of Croatan National Forest. recreation and scenic classifications. land suitable for timber production 5. A classification of aquatic Further study will determine if the river could vary from below the current ecosystem types across the Croatan is suitable for designation. Brices Creek 27,000 up to about to 50,000 acres. National Forest is currently underway, will also be studied to determine its 2. If the RCW habitat management and will be completed in 1997. The eligibility for inclusion in the National area includes most lands tentatively delineation of different aquatic Wild and Scenic River system. If suited for timber production, then ecological types, together with data on eligible, further analysis will determine standards for regeneration methods are the distribution and relative abundance its suitability for designation. Whether set by the RCW–EIS. Most regeneration of different species of fish and other or not either of these rivers are will occur using unevenaged or 2-aged biota, will form the basis for recommended for Wild and Scenic methods. Even-aged, specifically identification of regionally unique River designation will depend on the clearcutting, would only be used to aquatic biological assemblages and their suitability analysis. The rivers will be convert loblolly or pond pine to longleaf habitat requirements. Maintenance of evaluated in a manner consistent with stands. Regeneration methods outside those aquatic biological communities the USDI and USDA jointly issued Final the RCW habitat management area will be emphasized. Revised Guidelines for Eligibility, would key on the desired conditions for B. Recreation Opportunities. The Classification, and Management of River the management area. Forest Service Recreation Opportunity Areas Federal Register 34457, E. Fire Management. Almost all of the Spectrum (ROS) is the analytic September 7, 1982). 160,000 acre Croatan National Forest is approach to evaluating recreation The first step in the evaluation of suitable for fuel reduction burning. The opportunities. It groups and describes potential wilderness is to inventory all only lands not suitable for fuel compatible recreational, environmental roadless areas of the forest that satisfy reduction are drainages and bottomland and social settings, activities and the definition of wilderness found in hardwoods, which are often used as fuel experiences, and is the basis for Section 2(c) of the 1964 Wilderness Act breaks. identifying the capability of the Forest (FSH 1909.12, chapter 7, item 7.1). 1. Many developed areas around the to provide these opportunities in Roadless areas are places that have Croatan are vulnerable to damage by concert with other resource needs and regained or are regaining a natural, wildfire. Actions are necessary to objectives. Currently, a high proportion untrammeled appearance, where any reduce these fuel loads and thus lessen Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54151 the risk of catastrophic losses from 4. The Role of Scoping in Revising the reviewer’s position and contentions. wildfire. Fuel loadings have increased Croatan National Forest Land and Vermont Yankee Nuclear Power Corp. v. due in part to the exclusion of both Resource Management Plans NRDC, 435 U.S. 519, 553 (1978). Also, wildfire and prescribed fire as values at Scoping for public comments about environmental objections that could be risk have increased with land preliminary issues and proposed actions raised at the DEIS stage but that are not development. Fuel loadings and begins with the publication of this NOI. raised until after completion of the FEIS arrangements on the Croatan have also Public comments will be used to refine may be waived or dismissed by the been and will continue to be, the issues, the proposed actions, and to courts. City of Angoon v. Hodel, 803 significantly influenced by hurricane develop a range of alternatives. F.2d 1016, 1022 (9th Cir. 1986) and activity along the coast. The effects from The Forest Service is seeking Wisconsin Heritages, Inc. v. Harris, 490 these storms tend to be cumulative, and information, comments, and assistance F.Supp.1334, 1338 (E.D.Wis.1980). it is highly probable that the prescribed from Federal, State, and local agencies, Because of these court rulings, it is very fire program will have to increase to and other individuals or organizations important that those interested in this address these additional fuels. who may be interested in or affected by proposed action participate by the close 2. Three year burning rotations are the proposed action. This input will be of the 3 month comment period so that preferred to maintain open, park-like utilized in the preparation of the DEIS. substantive comments and objections forest conditions, particularly in Public participation will be solicited by are made available to the Forest Service longleaf pine/RCW habitat. This equates notifying in person and/or by mail, at a time when it can meaningfully to approximately 50,000 acres per year. known interested and affected publics. consider them and respond to them in The current prescribed fire program has News releases will be used to give the the FEIS. a target of about 20,000 acres per year. public general notice. To assist the Forest Service in 3. Prescribed natural fire, (i.e., fire Public participation will be sought throughout the Forest Plan revision identifying and considering issues and resulting from a natural ignition such as concerns on the proposed actions, lightning that is subsequently process and will be especially important comments on the DEIS should be as designated and managed as a prescribed at several points along the way. The first specific as possible. It is also helpful fire under specific weather and fuel opportunity to comment will be during parameters), may be considered to this scoping process (40 CFR 1501.7). when comments refer to specific pages achieve well-defined management Scoping includes: (1) identifying or chapters of the draft statement. objectives. In order to consider the use additional potential issues (other than Comments may also address the of prescribed natural fire on the Croatan those previously described), (2) from adequacy of the DEIS or the merits of National Forest, the items listed in these, identifying significant issues or the alternatives formulated and Forest Service Manual 5142.21 will those which have been covered by prior discussed in the statements. Reviewers need to be addressed in the Forest Plan. environmental review, (3) exploring may wish to refer to the Council on Wildfire may be allowed to burn if additional alternatives, and (4) Environmental Quality Regulations for conditions are suitable. Criteria for these identifying potential environmental implementing the procedural provisions conditions will be developed. We will effects of the proposed action and of the National Environmental Policy also consider prescribed natural alternatives (i.e., direct, indirect, and Act at 40 CFR 1503.3 in addressing (lightning) fires in wilderness areas in cumulative effects). these points. As part of the first step in scoping, a order to restore the natural processes in After the comment period on the DEIS these areas. series of public meetings are scheduled to explain the public role in the ends, comments will be analyzed, F. Access. To address this issue, our planning process and provide an considered, and responded to by the approach will be to map open roads on opportunity for public input. Formats, Forest Service in preparing the FEIS. the Croatan National Forest and identify times, and places will vary. Specific The FEIS is scheduled to be completed areas where illegal dumping, shooting, information about these meetings will in November 1997. The Responsible or other resource damage or user be released at a later date. Official will consider the comments, conflicts occur resulting from motorized responses, environmental consequences use. There are about 200 miles of Forest 5. Release and Review of the EIS discussed in each FEIS, and applicable Service roads and many miles of state The DEIS is expected to be filed with laws, regulations, and policies in roads; nearly all are open for motorized the Environmental Protection Agency making a decision regarding these access. In addition, many off-highway (EPA) and to be available for public revisions. The Responsible Official will vehicle routes have been created which comment by March 1997. At that time, document the decision and reasons for have not yet been inventoried. the EPA will publish a notice of the decision in a Record of Decision for Alternatives will range from availability of the DEIS in the Federal the Forest Plan. The decision will be maintaining high levels of access to Register. The comment period on each reduced levels of motorized access. subject to appeal in accordance with 36 DEIS will be 3 months from the date the CFR 217. G. Local Communities. The human EPA publishes the notice of availability population is expected to grow by 12 in the Federal Register. The Responsible Official for the percent in Craven, Carteret, and Jones The Forest Services believes, at this Forest Plan is the Regional Forester, counties. Municipalities are demanding early stage, it is important to give Southern Region, 1720 Peachtree Road, space to use for facilitating reviewers notice of several court rulings NW, Atlanta, Georgia 30367. development. One strategy is to identify related to public participation in the Dated: October 10, 1996. lands for exchange with local environmental review process. First, Robert D. Bowers, governments. Other criteria will be reviewers of the DEIS must structure Acting Regional Forester. developed based on the desired their participation in the environmental conditions of management areas in review of the proposal so that it is [FR Doc. 96–26624 Filed 10–16–96; 8:45 am] planning alternatives. meaningful and alerts an Agency to the BILLING CODE 3410±11±M 54152 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

Natural Resources Conservation comments and a final determination of establishment of special-purpose Service change will be made. subzones when existing zone facilities Gary R. Nordstrom, cannot serve the specific use involved; Notice of Proposed Change to the Director, Ecological Sciences Division, Whereas, an application from the Natural Resources Conservation Natural Resources Conservation Service, Georgia Foreign-Trade Zone, Inc., Service's National Handbook of Washington, DC. grantee of Foreign-Trade Zone 26, for Conservation Practices [FR Doc. 96–26591 Filed 10–16–96; 8:45 am] authority to establish special-purpose BILLING CODE 3410±16±P subzone status at the aircraft turbine AGENCY: Natural Resources engine component manufacturing Conservation Service (NRCS), U.S. facilities of United Technologies Department of Agriculture. DEPARTMENT OF COMMERCE Corporation, Pratt & Whitney Group and ACTION: Notice of availability of Precision Components International, proposed changes in the NRCS National Office of the Secretary Inc. (an affiliate of Pratt & Whitney), Handbook of Conservation Practices for located within a manufacturing complex Performance Review Board; review and comment. in Columbus, Georgia, was filed by the Membership Board on November 1, 1995, and notice inviting public comment was given in SUMMARY: It is the intention of NRCS to Below is a listing of individuals who the Federal Register (FTZ Docket 68–95, issue a series of new conservation are eligible to serve on the Performance practice standards in its National 60 FR 56566, 11–9–95); and, Review Board in accordance with the Whereas, the Board adopts the Handbook of Conservation Practices. Office of the Secretary Senior Executive findings and recommendations of the These new standards include Forage Service (SES) Performance Appraisal examiner’s report, and finds that the Harvest Management (Code 511); Mine System: requirements of the FTZ Act and Shaft and Adit Closing (Code 457); and William J. Taylor, III Board’s regulations are satisfied, and Vegetative Barriers (Code 601). NRCS Michael A. Levitt that approval of the application is in the State Conservationist’s who choose to Carolyn P. Acree public interest; adopt these practices for use within Mark E. Brown Now, therefore, the Board hereby their state will incorporate them into Ronald P. Hack authorizes the establishment of Section IV of their Field Office Frank W. Deliberti subzones at the United Technologies Technical Guide (FOTG). Some of these Eileen M. Albanese Corporation, Pratt & Whitney Group practices may be used in conservation Paul R. Webber, IV plant (Subzone 26E) and at the adjacent Shirl G. Kinney systems that treat highly erodible land. Precision Components International, Anthony J. Calza, DATES: Comments will be received until Inc., plant (Subzone 26F) in Columbus, not later than November 18, 1996. Acting Executive Secretary, Office of the Georgia, at the locations described in Secretary, Performance Review Board. the application, subject to the FTZ Act FOR FURTHER INFORMATION CONTACT: [FR Doc. 96–26566 Filed 10–16–96; 8:45 am] and the Board’s regulations, including Inquire in writing to Gary Nordstrom, BILLING CODE 3510±BS±M § 400.28. Director, Ecological Sciences Division (ECS), Natural Resources Conservation Signed at Washington, DC, this 7th day of Service (NRCS), Post Office Box 2890, Foreign-Trade Zones Board October 1996. Room 6154–S, Washington, DC 20013. Robert S. LaRussa, [Order No. 845] Acting Assistant Secretary of Commerce for Copies of these standards are Import Administration, Alternate Chairman, available from NRCS–ECS in Grant of Authority for Subzone Status Foreign-Trade Zones Board. Washington, DC. Copies are also United Technologies Corporation, Pratt Attest: available electronically on the NRCS & Whitney Group Precision server at Fort Worth, Texas. The name Components International, Inc. John J. Da Ponte, Jr., of the server is ‘‘ftp.ftw.nrcs.usda.gov.’’ (Aircraft Turbine Engine Components) Executive Secretary. Practice standards appear as files in ‘‘/ Columbus, GA [FR Doc. 96–26649 Filed 10–16–96; 8:45 am] pub/nhcp/pending.’’ Practice code BILLING CODE 3510±DS±P numbers are used as file names in this Pursuant to its authority under the Foreign- Trade Zones Act of June 18, 1934, as subdirectory. These standards are amended (19 U.S.C. 81a–81u), the Foreign- [Order No. 847] available as MS Word 6.0 files. They Trade Zones Board (the Board) adopts the should be downloaded from the FTP following Order: Exxon Corporation (Oil Refinery), server as binary files. Baton Rouge, LA, Area; Grant of Whereas, by an Act of Congress Authority for Subzone Status SUPPLEMENTARY INFORMATION: Section approved June 18, 1934, an Act ‘‘To 343 of the Federal Agriculture provide for the establishment . . . of Pursuant to its authority under the Foreign- Improvement and Reform Act of 1996 foreign-trade zones in ports of entry of Trade Zones Act of June 18, 1934, as states that revisions made after the United States, to expedite and amended (19 U.S.C. 81a–81u), the Foreign- enactment of the law to NRCS State encourage foreign commerce, and for Trade Zones Board (the Board) adopts the technical guides used to carry out other purposes,’’ as amended (19 U.S.C. following Order: highly erodible land and wetland 81a–81u) (the Act), the Foreign-Trade Whereas, by an Act of Congress provisions of the law shall be made Zones Board (the Board) is authorized to approved June 18, 1934, an Act ‘‘To available for public review and grant to qualified corporations the provide for the establishment * * * of comment. For the next 30 days the privilege of establishing foreign-trade foreign-trade zones in ports of entry of NRCS will receive comments relative to zones in or adjacent to U.S. Customs the United States, to expedite and the proposed changes. Following that ports of entry; encourage foreign commerce, and for period a determination will be made by Whereas, the Board’s regulations (15 other purposes,’’ as amended (19 U.S.C. the NRCS regarding disposition of those CFR Part 400) provide for the 81a-81u) (the Act), the Foreign-Trade Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54153

Zones Board (the Board) is authorized to Signed at Washington, DC, this 7th day of Public comment on the application is grant to qualified corporations the October 1996. invited from interested parties. privilege of establishing foreign-trade Robert S. LaRussa, Submissions (original and 3 copies) zones in or adjacent to U.S. Customs Acting Assistant Secretary of Commerce for shall be addressed to the Board’s ports of entry; Import Administration, Alternate Chairman, Executive Secretary at the address Whereas, the Board’s regulations (15 Foreign-Trade Zones Board. below. The closing period for their CFR Part 400) provide for the Attest: receipt is December 16, 1996. Rebuttal establishment of special-purpose John J. Da Ponte, Jr., comments in response to material subzones when existing zone facilities Executive Secretary. submitted during the foregoing period cannot serve the specific use involved; [FR Doc. 96–26650 Filed 10–16–96; 8:45 am] may be submitted during the subsequent 15-day period to January 2, 1997. Whereas, an application from the BILLING CODE 3510±DS±P Greater Baton Rouge Port Commission, A copy of the application and grantee of Foreign-Trade Zone 154, for accompanying exhibits will be available authority to establish special-purpose [Docket 72±96] during this time for public inspection at the following locations: subzone status at the oil refinery/ Proposed Foreign-Trade ZoneÐ petrochemical complex of Exxon Office of the Port Director, U.S. Customs Springfield, Missouri; Application and Service, 5141 West Cargo, Suite C, Corporation in the Baton Rouge, Public Hearing Louisiana, area, was filed by the Board Springfield, MO 65803 on February 7, 1996, and notice inviting An application has been submitted to Office of the Executive Secretary, public comment was given in the the Foreign-Trade Zones Board (the Foreign-Trade Zones Board, Room Federal Register (FTZ Docket 9–96, 61 Board) by the City of Springfield Airport 3716, U.S. Department of Commerce, FR 6623, 2/21/96); and, Board, on behalf of the City of 14th and Pennsylvania Avenue, NW., Washington, DC 20230 Whereas, the Board adopts the Springfield, Missouri, to establish a findings and recommendations of the general-purpose foreign-trade zone in Dated: October 10, 1996. examiner’s report, and finds that the Springfield, Missouri, within the John J. Da Ponte, Jr., requirements of the FTZ Act and Springfield Customs port of entry. The Executive Secretary. Board’s regulations would be satisfied, application was submitted pursuant to [FR Doc. 96–26645 Filed 10–16–96; 8:45 am] and that approval of the application the provisions of the Foreign-Trade BILLING CODE 3510±DS±P would be in the public interest if Zones Act, as amended (19 U.S.C. 81a– approval is subject to the conditions 81u), and the regulations of the Board [Order No. 848] listed below; (15 CFR Part 400). It was formally filed on October 4, 1996. The applicant is Now, therefore, the Board hereby Clark Refining and Marketing, Inc. (Oil authorized to make the proposal under authorizes the establishment of a Refinery), Jefferson County, TX; Grant Section 351.388 of the Revised Statutes subzone (Subzone 154A) at the oil of Authority for Subzone Status refinery/petrochemical complex of of Missouri. Exxon Corporation in the Baton Rouge, The proposed zone would encompass Pursuant to its authority under the Foreign- Louisiana, area, at the locations the Springfield-Branson Regional Trade Zones Act of June 18, 1934, as described in the application, subject to Airport complex (2,363 acres) located amended (19 U.S.C. 81a–81u), the Foreign- some 5 miles northwest of downtown Trade Zones Board (the Board) adopts the the FTZ Act and the Board’s regulations, following Order: including § 400.28, and subject to the Springfield. The complex includes an following conditions: industrial park (Air Centre) and fuel Whereas, by an Act of Congress storage facilities. The Airport Board approved June 18, 1934, an Act ‘‘To 1. Foreign status (19 CFR §§ 146.41, owns the airport and it plans to serve as provide for the establishment * * * of 146.42) products consumed as fuel for operator of the zone. foreign-trade zones in ports of entry of the refinery shall be subject to the The application contains evidence of the United States, to expedite and applicable duty rate. the need for zone services in the encourage foreign commerce, and for 2. Privileged foreign status (19 CFR Springfield area. Several firms have other purposes,’’ as amended (19 U.S.C. § 146.41) shall be elected on all foreign indicated an interest in using zone 81a–81u) (the Act), the Foreign-Trade merchandise admitted to the subzone, procedures for warehousing/distribution Zones Board (the Board) is authorized to except that non-privileged foreign (NPF) of such items as electronic components, grant to qualified corporations the status (19 CFR § 146.42) may be elected exercise equipment, medical equipment, privilege of establishing foreign-trade on refinery inputs covered under food processing/manufacturing, and zones in or adjacent to U.S. Customs # HTSUS Subheadings 2709.00.1000– automobile parts and supplies. Specific ports of entry; #2710.00.1050, #2710.00.2500 and manufacturing approvals are not being Whereas, the Board’s regulations (15 #2710.00.4510 which are used in the sought at this time. Requests would be CFR Part 400) provide for the production of: made to the Board on a case-by-case establishment of special-purpose —Petrochemical feedstocks and refinery basis. subzones when existing zone facilities by-products (examiners report, In accordance with the Board’s cannot serve the specific use involved; Appendix D); regulations, a member of the FTZ Staff Whereas, an application from the —Products for export; and, has been designated examiner to Foreign Trade Zone of Southeast Texas, investigate the application and report to Inc., grantee of Foreign-Trade Zone 116, —Products eligible for entry under # the Board. for authority to establish special- HTSUS 9808.00.30 and 9808.00.40 As part of the investigation, the purpose subzone status at the oil (U.S. Government purchases). Commerce examiner will hold a public refinery complex of Clark Refining and 3. The authority with regard to the hearing on November 12, 1996, at 2:00 Marketing, Inc., in Jefferson County, NPF option is initially granted until p.m., Springfield Area Chamber of Texas, was filed by the Board on September 30, 2000, subject to Commerce, 202 John Q. Hammons February 16, 1996, and notice inviting extension. Parkway, Springfield, Missouri 65806. public comment was given in the 54154 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

Federal Register (FTZ Docket 12–96, 61 —Products eligible for entry under accordance with the Department’s FR 7469, 2/28/96); and, HTSUS #9808.00.30 and #9808.00.40 regulations, we are initiating those Whereas, the Board adopts the (U.S. Government purchases). administrative reviews. findings and recommendations of the 3. The authority with regard to the EFFECTIVE DATE: October 17, 1996. examiner’s report, and finds that the NPF option is initially granted until FOR FURTHER INFORMATION CONTACT: requirements of the FTZ Act and September 30, 2000, subject to Holly A. Kuga, Office of Antidumping Board’s regulations would be satisfied, extension. and that approval of the application Compliance, Import Administration, Signed at Washington, DC, this 7th day of International Trade Administration, would be in the public interest if October 1996. approval is subject to the conditions U.S. Department of Commerce, 14th Robert S. LaRussa, listed below; Street and Constitution Avenue, N.W., Now, therefore, the Board hereby Acting Assistant Secretary of Commerce for Washington, D.C. 20230, telephone: Import Administration, Alternate Chairman, (202) 482–4737. authorizes the establishment of a Foreign-Trade Zones Board. subzone (Subzone 116C) at the oil SUPPLEMENTARY INFORMATION: refinery complex of Clark Refining and Attest: Marketing, Inc., in Jefferson County, John J. Da Ponte, Jr., Background Texas, at the locations described in the Executive Secretary. The Department has received timely application, subject to the FTZ Act and [FR Doc. 96–26651 Filed 10–16–96; 8:45 am] requests, in accordance with 19 C.F.R. the Board’s regulations, including BILLING CODE 3510±DS±P 353.22(a) and 355.22(a)(1994), for § 400.28, and subject to the following administrative reviews of various conditions: antidumping and countervailing duty 1. Foreign status (19 CFR §§ 146.41, International Trade Administration orders and findings with September 146.42) products consumed as fuel for anniversary dates. the refinery shall be subject to the Initiation of Antidumping and applicable duty rate. Countervailing Duty Administrative Initiation of Reviews 2. Privileged foreign status (19 CFR Reviews In accordance with sections 19 C.F.R. § 146.41) shall be elected on all foreign AGENCY: Import Administration, 353.22(c) and 355.22(c), we are merchandise admitted to the subzone, International Trade Administration, initiating administrative reviews of the except that non-privileged foreign (NPF) Department of Commerce. following antidumping and status (19 CFR § 146.42) may be elected ACTION: Notice of initiation of countervailing duty orders and findings. on refinery inputs covered under antidumping and countervailing duty The Department is not initiating an HTSUS Subheadings #2709.00.1000– administrative reviews. administrative review of any exporters #2710.00.1050, #210.00.2500 and and/or producers who were not named #2710.00.4510 which are used in the SUMMARY: The Department of Commerce in a review request because such production of: (the Department) has received requests exporters and/or producers were not —Petrochemical feedstocks and refinery to conduct administrative reviews of specified as required under section by-products (examiners report, various antidumping and countervailing 353.22(a) (19 CFR 353.22(a). We intend Appendix D); duty orders and findings with to issue the final results of these reviews —Products for export; and, September anniversary dates. In not later than September 30, 1997.

Antidumping duty proceedings Period to be reviewed

Mexico: Gray Portland Cement and Clinker A±201±802; Cemex, S.A. de C.V. * ...... 8/1/95±7/31/96 The United Kingdom: Crankshafts A±412±602; British Steel Forgings ...... 9/1/95±8/31/96 * Inadvertently omitted from previous initiation notice.

Countervailing Duty Proceedings U.S.C. 1675(a)) and 19 CFR 353.22(c)(1) meat from the People’s Republic of and 355.22(c)(1). China. None. Dated: October 8, 1996. If requested within 30 days of the date EFFECTIVE DATE: October 17, 1996. Jeffrey P. Bialos, of publication of this notice, the FOR FURTHER INFORMATION CONTACT: Department will determine, where Principal Deputy Assistant Secretary for Import Administration. Rebecca Trainor at (202) 482–0666, appropriate, whether antidumping [FR Doc. 96–26648 Filed 10–16–96; 8:45 am] Elisabeth Urfer at (202) 482–4052, or duties have been absorbed by an Maureen Flannery at (202) 482–4733, exporter or producer subject to any of BILLING CODE 3510±DS±M Import Administration, International these reviews if the subject merchandise Trade Administration, U.S. Department is sold in the United States through an of Commerce, 14th Street and importer which is affiliated with such [A±570±848] Constitution Avenue, N.W., exporter or producer. Washington, DC 20230. Freshwater Crawfish Tail Meat From Interested parties must submit the People's Republic of China; INITIATION OF INVESTIGATION: applications for disclosure under Initiation of Antidumping Investigation administrative protective orders in The Applicable Statute accordance with 19 C.F.R. 353.34(b) and AGENCY: Import Administration, Unless otherwise indicated, all 355.34(b). International Trade Administration, citations to the statute are references to These initiations and this notice are Department of Commerce. the provisions effective January 1, 1995, in accordance with section 751(a) of the ACTION: Initiation of antidumping duty the effective date of the amendments Tariff Act of 1930, as amended (19 investigation of freshwater crawfish tail made to the Tariff Act of 1930 (the Act) Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54155 by the Uruguay Round Agreements Act has been filed by or on behalf of the In antidumping investigations in (URAA). In addition, unless otherwise domestic industry. which the comparison market is not a indicated, all citations to the market economy, section 773(c)(1) of the Scope of the Investigation Department of Commerce (the Act requires that the normal value (NV) Department) regulations are to the The product covered by this of the foreign like product be based on current regulations as amended by the investigation is freshwater crawfish tail the producers’ factors of production interim regulations published in the meat, in all its forms (whether washed valued in a surrogate market economy Federal Register on May 11, 1995 (60 or with fat on, whether purged or country or countries considered to be FR 25130). unpurged), grades, and sizes; whether appropriate by the Department. In accordance with section 773(c)(4), the The Petition frozen, fresh, or chilled; and regardless of how it is packed, preserved, or Department, in valuing the factors of On September 20, 1996, the prepared. Excluded from the scope of production, shall utilize, to the extent Department received a petition filed in the investigation are live crawfish and possible, the prices or costs of factors of proper form by the Crawfish Processors other whole crawfish, whether boiled, production in one or more market Alliance (petitioner). Petitioner frozen, fresh, or chilled. Also excluded economies that are significant producers amended the petition on October 7, are saltwater crawfish of any type and of comparable merchandise and at a 1996, in response to the Department’s parts thereof. Freshwater crawfish tail level of economic development request for additional information. On meat is currently classifiable in the comparable to that of the NME country. October 8, 1996, petitioner submitted a Harmonized Tariff Schedule of the Petitioner lacked actual information clarification regarding the scope of the United States (HTS) under item relating to the factors of production for petition. On October 10, 1996 petitioner numbers 0306.19.00.10 and material inputs in the PRC. Therefore, amended the public summary of the 0306.29.00.00. The HTS subheadings petitioner used U.S. production factors petition. are provided for convenience and for materials and labor as an In accordance with section 732(b) of customs purposes. Although the HTS approximation of Chinese factors. the Act, petitioner alleges that imports numbers are provided for convenience Petitioner submitted an affidavit from a of freshwater crawfish tail meat from the and customs purposes, the written U.S. crawfish producer, who stated that People’s Republic of China (PRC) are description of the scope of this crawfish tail meat must be peeled by being, or are likely to be, sold in the investigation is dispositive. hand, that peeling crawfish is a skill United States at less than fair value that can be learned, and that, therefore, within the meaning of section 731 of the Export Price Chinese peelers should be able to peel Act, and that such imports are crawfish at the same rate as peelers in The petitioner based export price on materially injuring, or threatening the United States. According to the U.S. actual FOB and CIF price quotations material injury to, an industry within producer, Chinese facilities are very from exporters of Chinese crawfish. the United States. similar to the facilities and equipment Because the petitioner is an interested Petitioner made deductions to the used in the United States, although, in party as defined under section 771(9)(C) export price for foreign inland freight, some cases, they may be better. of the Act, it has standing to file a using the average distance between Petitioner used in its calculations of NV petition for the imposition of cities where crawfish are processed in the calculations made by the U.S. antidumping duties. the PRC and the port from which the producer with regard to the average majority of Chinese crawfish are yield, i.e., the number of pounds of live Determination of Industry Support for exported. We made no other the Petition crawfish needed to produce one pound adjustments to export price. of crawfish tail meat; the time it takes Section 732(c)(4)(A) of the Act Normal Value an average crawfish peeler in the United requires the Department to determine, States to produce one pound of peeled prior to the initiation of an In previous investigations, the product; and the time it takes to pack investigation, that a minimum Department has determined that the crawfish tail meat in the United States. percentage of the domestic industry PRC is a non-market economy (NME) With respect to the selection of a supports an antidumping petition. A country within the meaning of section surrogate country in which to value the petition meets these minimum 771(18) of the Act. See, e.g., Final factors, petitioner cites to the Notice of requirements if the domestic producers Determination of Sales at Less Than Preliminary Determination of Sales at or workers who support the petition Fair Value: Bicycles From the People’s Less Than Fair Value and Postponement account for (1) at least 25 percent of the Republic of China (61 FR 19026 (April of Final Determination: Melamine total production of the domestic like 30, 1996)). In accordance with section Institutional Dinnerware Products from product; and (2) more than 50 percent 771(18)(C), the presumption of NME the People’s Republic of China (61 FR of the production of the domestic like status for the PRC has not been revoked 43337 (August 22, 1996)), and notes product produced by that portion of the by the Department and therefore that, in that case, the Department industry expressing support for, or remains in effect for purposes of the identified India, Nigeria, Pakistan, Sri opposition to, the petition. initiation of this investigation. In the Lanka, Egypt, and Indonesia as potential A review of the production data course of this investigation, all parties surrogate countries for China based provided in the petition and other will have the opportunity to provide upon level of economic development. information readily available to the relevant information related to the NME However, neither India nor any of these Department indicates that petitioner status of the PRC as well as the other countries is a significant producer accounts for more than 50 percent of the assignment of separate rates to or processor of crawfish tail meat. total production of the domestic like individual exporters and other issues However, according to petitioner, product. The Department received no related to the PRC’s status as an NME India is an appropriate surrogate expressions of opposition to the petition country. (See, e.g., Final Determination country for valuing most of the relevant from any domestic producer or workers’ of Sales at Less Than Fair Value: Silicon factors of production because (1) India organization. Accordingly, the Carbide from the PRC (59 FR 22585 has a significant seafood processing Department determines that the petition (May 2, 1994).) industry, and (2) the seafood processing 54156 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices industry in India and elsewhere is be, sold at less than fair value. Unless Ltd., United Kingdom. Intended Use: comparable to the crawfish processing extended, we will make our preliminary The instrument will be used to industry in China in that seafood determination by February 27, 1997. determine noble gas abundances and processors throughout the world are isotopic compositions of helium, neon, Distribution of Copies of the Petition likely to have similar factory overhead argon, krypton and xenon extracted and selling, general and administrative In accordance with section from terrestrial and extraterrestrial expenses (SG&A). Petitioner valued 732(b)(3)(A) of the Act, a copy of the samples. The objectives of the research labor using Indian labor rates compiled public version of the petition has been are to understand the early history of by the International Labour provided to the representatives of the the solar system by analyzing the noble Organization in its 1993 Yearbook of government of the PRC. gas isotopic composition of meteorites Labour Statistics. Petitioner based the International Trade Commission (ITC) and lunar samples to understand the factory overhead, SG&A expenses, and Notification temporal and thermal evolution of the profit elements of its NV calculation on Earth and planetary materials and to data from financial statements of five We have notified the ITC of our identify mantle and crustal materials publicly held seafood processors in initiation, as required by section 732(d) using the noble gas isotopic method India for the fiscal year 1995. of the Act. which requires helium abundance and Petitioner argued that prices for Preliminary Determinations by the ITC isotopic composition. The instrument crawfish, the primary material input in will also be used for the training of the processing of crawfish tail meat, are The ITC will determine by November graduate students. Application accepted not comparable to the prices for other 4, 1996, whether there is a reasonable by Commissioner of Customs: kinds of seafood, and therefore, the indication that imports of freshwater September 18, 1996. Department should not value crawfish crawfish tail meat from the PRC are Docket Number: 96–099. Applicant: using Indian seafood prices. Petitioner causing material injury, or threatening University of South Carolina, 730 S. chose Spain as the surrogate country for to cause material injury, to a U.S. Main Street, Columbia, SC 29208. purposes of valuing crawfish, because industry. A negative ITC determination Instrument: Stopped-Flow Spain is a significant producer and will result in the investigation being Spectrophotometer, Model SX.18MV. processor of crawfish, is a market terminated; otherwise, the investigation Manufacturer: Applied Photophysics economy country, and, in relation to will proceed according to statutory and Ltd., United Kingdom. Intended Use: other crawfish producing and regulatory time limits. The instrument will be used to analyze processing countries, has the level of This notice is published pursuant to the transient state kinetics of ligand economic development most section 732(c)(2) of the Act. binding to enzymes that are involved in comparable to that of the PRC. Dated: October 10, 1996. the metabolism of chemotherapeutic Petitioner used publicly available Robert S. LaRussa, agents. Recombinant enzymes will be published information from official Acting Assistant Secretary for Import rapidly mixed with ligands and the Spanish import data to value this input. Administration. fluorescence or absorbance changes Since Chinese exporters sell crawfish [FR Doc. 96–26644 Filed 10–16–96; 8:45 am] accompanying ligand binding will be monitored. The changes in tail meat to the United States at packed BILLING CODE 3510±DS±P prices, petitioner added U.S. packing spectrophotometric properties will be costs to NV. used to calculate rate constants Based on comparisons of export price Applications for Duty-Free Entry of governing specific reactions catalyzed to NV, the estimated dumping margins Scientific Instruments by the enzyme of interest. Application range from 274 to 427 percent. If it accepted by Commissioner of Customs: becomes necessary at a later date to Pursuant to Section 6(c) of the September 18, 1996. consider the petition as a source of facts Educational, Scientific and Cultural Docket Number: 96–100. Applicant: available under section 776 of the Act, Materials Importation Act of 1966 (Pub. Johns Hopkins University, 3400 N. we may further review the calculations. L. 89–651; 80 Stat. 897; 15 CFR part Charles Street, Baltimore, MD 21218. 301), we invite comments on the Instrument: Fast Correlation Fair Value Comparisons question of whether instruments of Spectrometer, Model ALV 5000/E. Based on the data provided by equivalent scientific value, for the Manufacturer: ALV Laser, Germany. petitioner, there is reason to believe that purposes for which the instruments Intended Use: The instrument will be imports of freshwater crawfish tail meat shown below are intended to be used, used to investigate the dynamic motion from the PRC are being, or are likely to are being manufactured in the United of the polymers in solution during an be, sold at less than fair value. States. experiment called diffusing wave Comments must comply with 15 CFR spectroscopy. The objective of the Initiation of Investigation 301.5(a)(3) and (4) of the regulations and investigation is to understand the We have examined the petition on be filed within 20 days with the relaxation of a network of polymer freshwater crawfish tail meat from the Statutory Import Programs Staff, U.S. molecules which form a transiently PRC and have found that it meets the Department of Commerce, Washington, elastic network. Application accepted requirements of section 732 of the Act, D.C. 20230. Applications may be by Commissioner of Customs: including the requirements concerning examined between 8:30 A.M. and 5:00 September 18, 1996. allegations of the material injury or P.M. in Room 4211, U.S. Department of Docket Number: 96–101. Applicant: threat of material injury to a domestic Commerce, 14th Street and Constitution University of Massachusetts Medical industry of a like product by reason of Avenue, N.W., Washington, D.C. Center, 55 Lake Avenue North, the complained-of imports, allegedly Docket Number: 96–098. Applicant: Worcester, MA 01605. Instrument: sold at less than fair value. Therefore, University of Arizona Foundation, 1111 Spectrophotometer System, Model SF– we are initiating an antidumping duty N. Cherry Avenue, Tucson, AZ 85721. 61 DX2/X. Manufacturer: Hi-Tech investigation to determine whether Instrument: Noble Gas Mass Scientific, United Kingdom. Intended imports of freshwater crawfish tail meat Spectrometer, Model 215–50. Use: The instrument will be used for from the PRC are being, or are likely to Manufacturer: Mass Analyser Products studies of the glucose transport protein Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54157 of human erythrocytes and its approved by the Office of Management Level of Recognition: ASME seeks interaction with sugars and inhibitory and Budget under Control No. 0693– recognition of its conformity assessment molecules. Application accepted by 0019. programs. Commissioner of Customs: September The Text of the Request follows: Recommended Criteria, Technical 18, 1996. Requirements: The basic criteria for the July 24, 1996. program are the ASME Boiler and Pressure Frank W. Creel, Mr. Robert L. Gladhill, Vessel Code and ISO 9001. The Director, Statutory Import Programs Staff. Program Manager, NVCASE Program, corresponding European Union requirements [FR Doc. 96–26647 Filed 10–16–96; 8:45 am] NIST, are their Simple Pressure Vessel Directive BILLING CODE 3510±DS±P Bldg. 820, Room 282, and the Pressure Equipment Directive noted Gaithersburg, MD 20899. above. Dear Mr. Gladhill: The American Society of Rationale: Currently, simple pressure National Institute of Standards and Mechanical Engineers (ASME) is seeking vessels entering the EU must be CE marked. Technology recognition under NVCASE for our By mid 1997, there will be a similar conformity assessment program for pressure requirement for pressure equipment. [Docket No. 960909249±6249±01] equipment. Authorization to affix the CE mark requires Since 1916, ASME has conducted acceptance by an organization (notified body) RIN 0693±xx23 conformity assessment programs for pressure which an EU Member State has appointed to carry out the conformity assessment National Voluntary Conformity equipment constructed in accordance with the ASME Boiler and Pressure Vessel Code. activities. A notified body may subcontract Assessment System Evaluation The Code provides rules for materials, certain technical aspects to a US (NVCASE) Program design, fabrication, inspection, testing, organization, however, it may not quality control, certification, and marking of subcontract initial assessment nor AGENCY: National Institute of Standards pressure equipment. Accredited acceptance/approval. and Technology, Commerce. manufacturers are authorized to use one or Recognition of ASME as a competent ACTION: Notice; request for public more of ASME’s proprietary marks. Twenty- technical body in the area of pressure comment. two marks are registered in the US and about equipment and conformity assessment would the world. allow for mutual recognition agreements that SUMMARY: This is to advise the public In accordance with a 1972 Consent Decree would be of benefit to ASME Certificate that the National Institute of Standards with the United States government, ASME Holders and companies that incorporate and Technology (NIST) received a letter administers its accreditation programs vessels into machinery. There are currently dated July 24, 1996 from The American uniformly about the world. There are more 3000 accredited companies in the US and Society of Mechanical Engineers than 4000 accredited manufacturers in 55 1100 in other countries. countries. The ASME mark is required by law Please let us know if any additional (ASME) requesting the development of in most US States and all Canadian information is required at this time. We a new program under the National Provinces, and is used in 80 countries. would also be willing to meet with you to Voluntary Conformity Assessment The following is the information you discuss the process. System Evaluation (NVCASE) Program indicated was necessary for evaluation of our Sincerely, to evaluate and recognize that request: David A. Wizda, organization as an accreditor of product Foreign Requirements: The corresponding certification bodies. The goal is to have foreign requirements are the European Director, Conformity Assessment. Union’s directives for pressure equipment, pressure equipment tested and certified Interested parties should respond in in the United States and have the results specifically: • Council Directive on the harmonization writing to the above address. All accepted in European Union (EU) of the laws of the Member States relating to comments submitted will become part member states on an equal basis as if simple pressure vessels (87/404/EEC with 90/ of the public record and will be performed in those countries under 488/EEC amendment). available for inspection and copying at Council Directive 87/404/EEC with 90/ • Council Directive on the approximation the U.S. Department of Commerce 488/EEC amendment. of the laws of the Member States concerning Central Records and Inspection Facility, DATES: Comments on this request must pressure equipment (second reading and Room 6020, Herbert C. Hoover Building, be received by January 2, 1997. adoption scheduled for June 1996) ASME is participating in discussions regarding a 14th and Constitution Avenue, ADDRESSES: Comments should be mutual recognition agreement. Washington, DC 20230. submitted in writing to Robert L. Industrial Sector: The industrial sector Dated: October 10, 1996. Gladhill, NVCASE Program Manager, includes manufacturers of pressure Samuel Kramer, equipment, including boilers, pressure NIST, Bldg. 820, Room 282, Associate Director. Gaithersburg, MD 20899, by fax at 301– vessels, piping, pressure relief devices, and [FR Doc. 96–26643 Filed 10–16–96; 8:45 am] 963–2871, or E-mail materials. Manufacturers of machinery that [email protected]. incorporate these vessels are also affected. BILLING CODE 3510±13±M The ASME accreditation program is FOR FURTHER INFORMATION CONTACT: utilized by the following US federal agencies: Robert L. Gladhill, NVCASE Program • Department of Defense National Oceanic and Atmospheric Manager, at NIST, Bldg. 820, Room 282, • Department of Energy Administration Gaithersburg, MD 20899, by telephone • Department of Transportation at 301–975–4273 by fax at 301–963– —Coast Guard [I.D. 100896B] 2871 or by E-mail at —Research and Special Programs [email protected]. Administration Small Takes of Marine Mammals • General Services Administration SUPPLEMENTARY INFORMATION: The • National Aeronautics and Space Incidental to Specified Activities; U.S. NVCASE procedures at 15 CFR Part 286 Administration Coast Guard require NIST to seek public consultation • Nuclear Regulatory Commission when it receives such requests. This • Occupational Safety and Health AGENCY: National Marine Fisheries program involves a collection of Administration Service (NMFS), National Oceanic and information subject to the Paperwork Program Area: The program includes both Atmospheric Administration (NOAA), Reduction Act. This collection is product and quality system certification. Commerce. 54158 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

ACTION: Notice of receipt of application 101(a)(5)(A) of the MMPA, for a small impact is the impact resulting from the for a small take exemption; request for take of northern right whales specified activity that cannot be information. (Eubalaena glacialis). The application reasonably expected to, and is not requested the following marine mammal reasonably likely to, adversely affect the SUMMARY: Under the Marine Mammal species, in addition to the northern right species or stock through effects on Protection Act (MMPA), NMFS has whale: Blue whale (Balaenoptera annual rates of recruitment or survival. received a request from the U.S. Coast musculus), fin whale (B. physalus), sei In 1995, NMFS estimated that the Guard (USCG) for a small take of certain whale (B. borealis), humpback whale potential biological removal (PBR) level marine mammal species incidental to (Megaptera novaeangliae), sperm whale for the Western North Atlantic right USCG vessel and aircraft operations off (Physeter macrocephalus). whale was 0.4 whales. PBR is the the U.S. Atlantic shoreline over the next Specific activities covered in the maximum number of animals, not 5 years. application are the operation of USCG including natural mortalities, that may DATES: Comments and information must vessel and aircraft activities in the North be removed from a marine mammal be received no later than November 18, Atlantic, including responses to marine stock while allowing that stock to reach 1996. pollution events, port safety and or maintain its optimum sustainable ADDRESSES: Comments on the security issues, law enforcement efforts, population. application should be addressed to search and rescue missions, vessel The average reported mortality and Michael Payne, Chief, Marine Mammal traffic control, and maintenance of aids serious injury to northern right whales Division, Office of Protected Resources, to navigation. due to ship strikes was one whale per Before processing this application, National Marine Fisheries Service, 1315 year during 1990–94 (Blaylock et al. NMFS determined that it would be East-West Highway, Silver Spring, MD 1995). The USCG reportedly was necessary to first complete consultation 20910–2337. A copy of the application responsible for one strike in 1991 and under section 7 of the Endangered and biological opinion may be obtained another in 1993. Therefore, because Species Act (ESA). The USCG submitted by writing to this address or by NMFS has determined that the loss of a final ESA Biological Assessment for telephoning the contact listed below even a single northern right whale is the U.S. Atlantic Coast on August 3, (see FOR FURTHER INFORMATION CONTACT). significant (i.e., greater than PBR), a 1995, and NMFS issued a Biological negligible impact finding under section FOR FURTHER INFORMATION CONTACT: Opinion on September 15, 1995. As a 101(a)(5)(A) cannot be made for ship Kenneth R. Hollingshead, NMFS (301) result of an October 9, 1995, humpback strikes of northern right whales by the 713–2055. whale strike in the Gulf of Maine, the USCG. For that reason, the USCG’s June SUPPLEMENTARY INFORMATION: USCG requested reinitiation of 2, 1995, application for a small take consultation on February 22, 1996. That Background authorization for northern right whales process was concluded on July 22, 1996. was denied by letter on July 31, 1996. Section 101(a)(5)(A) of the MMPA (16 During the time period for consultation, The requested authorization for the U.S.C. 1361 et seq.) directs the Secretary processing the USCG application for a additional marine mammal species of Commerce (Secretary) to allow, upon small take authorization was suspended. incidental to USCG operations was not request, the incidental, but not The finding of the July 22, 1996, addressed at that time. intentional taking of marine mammals section 7 consultation was that by U.S. citizens who engage in a continued vessel and aircraft operations Strahan v. Linnon and Strahan v. Coxe specified activity (other than by the USCG are likely to jeopardize the In these two cases, the presiding commercial fishing), within a specified continued existence of northern right District Court judge expressed concern geographical region if certain findings whales. However, NMFS also provided with NMFS’ actions to date on the small are made and regulations are issued. the USCG with a reasonable and take application and other marine Permission may be granted for periods prudent alternative, which, if mammal authorizations. Therefore, of 5 years or less if the Secretary finds implemented fully and in a timely NMFS is announcing the receipt of the that the taking will have a negligible manner by the USCG, significantly USCG application in order to crystallize impact on the species or stock(s), will reduces the USCG’s potential to cause the issues efficiently and formally in the not have an unmitigable adverse impact injury or mortality to a right whale and public forum. on the availability of the species or thereby avoids the likelihood of stock(s) for subsistence uses, and jeopardizing the continued existence of Issues regulations are prescribed setting forth right whales. This reasonable and NMFS has identified the following the permissible methods of taking and prudent alternative is described in the issues that, in addition to the the requirements pertaining to the July 22, 1996 biological opinion which requirements of section 101(a)(5 )(A) of monitoring and reporting of such taking. is available upon request (see the MMPA, must be addressed prior to ADDRESSES publication of a proposed rule. These Summary of Request ). issues are: On June 2, 1995, NMFS received an Finding (1) While an authorization for the application for a small take exemption Under section 101(a)(5)(A) of the serious injury or mortality of northern under section 101(a)(5)(A) of the MMPA MMPA, authorization to harass, injure right whales cannot be issued for from the USCG in order to allow a small or kill marine mammals incidental to reasons stated above, should NMFS take of certain marine mammal species specified activities may be granted for issue an authorization for the incidental to USCG vessel and aircraft periods up to 5 years if NMFS finds, harassment or non-serious injury of operations off the U.S. Atlantic after notice and opportunity for public northern right whales by USCG shoreline over the next 5 years. This comment, that the taking will have a activities. application was in response to an order negligible impact on the species or (2) Should NMFS publish a proposed dated May 21, 1995 in Strahan v. stock(s) of marine mammals and will rule to authorize the incidental take Linnon wherein the presiding District not have an unmitigable adverse impact (including serious injury and mortality) Court judge ordered the USCG to apply on the availability of the species or of marine mammal species other than by May 31, 1995, under section stock(s) for subsistence uses. Negligible right whales, including marine mammal Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54159 species that are unlikely to be struck by Patent and Trademark Office Trademark Office, Washington, D.C. USCG vessels (harassment takes). 20231. It is not necessary for interested Request for Comments on the (3) If NMFS is unable to make a parties to contact the PTO to request to Chairman's Text of the Diplomatic negligible impact determination for one attend the briefing. Conference on Certain Copyright and or more of the applicant’s marine SUPPLEMENTARY INFORMATION: The Neighboring Rights Questions, To Be mammal species (see 50 CFR United States is committed to making Held in Geneva From December 2 to progress in the World Intellectual 216.103(c)), should NMFS consider an 20, 1996 authorization for the harassment or non- Property Organization (WIPO) toward serious injury of these species under AGENCY: Patent and Trademark Office, improving international protection for section 101(a)(5)(D) of the MMPA by Commerce. works protected by copyright and USCG activities. ACTION: Notice and request for public neighboring rights. We want to build comments. upon the international intellectual Information Solicited property norms that were set in the SUMMARY: As the Administration Agreement on Trade-Related Aspects of NMFS requests interested persons to prepares for the Diplomatic Conference Intellectual Property (TRIPs). This is submit comments, information, and on Certain Copyright and Neighboring essential, especially in view of the need suggestions concerning the request and Rights Questions, to be held in Geneva to deal with the intellectual property the structure and content of the from December 2 to 20, 1996, we invite issues associated with the Global regulations (if appropriate) to allow the interested parties to submit written Information Infrastructure (GII). To taking (see ADDRESSES). NMFS will comments on the Chairman’s text and to accomplish this goal, the members of consider this information in developing attend a public briefing to discuss the WIPO, with the leadership of the United an environmental assessment under the Chairman’s text of the Diplomatic States, are working to establish three National Environmental Policy Act, and, Conference. During the briefing, Jukka new international agreements, if appropriate, propose regulations to Liedes, Chairman of the Committee of commonly referred to as— authorize the taking. If NMFS proposes Experts, will discuss the text and will be • A Protocol to the Berne Convention regulations to allow this take, interested available to answer questions. for the Protection of Literary and parties will be given time and DATES: The briefing will be held on Artistic Works, which would modernize opportunity to comment. November 12, 1996, from 1 p.m. to 5 the Berne Convention to take into Dated: October 10, 1996. p.m. account new forms of expression and Patricia Montanio, Written comments on the Chairman’s new uses of copyrighted works that text are due on or before November 22, have evolved due to technological Acting Director, Office of Protected Resources, National Marine Fisheries Service. 1996. developments since the Berne Convention’s most recent revision in [FR Doc. 96–26634 Filed 10–16–96; 8:45 am] ADDRESSES: The briefing will be held in Marriott’s Crystal Forum, a part of the 1971. BILLING CODE 3510±22±F Crystal City Marriott Hotel located in • A New Instrument for the The Underground, 1999 Jefferson Davis Protection of Performers and Producers of Phonograms, which would improve National Telecommunications and Highway, Arlington, Virginia. A transcript of the meeting will be international standards of protection for Information Administration made available for public inspection in sound recordings, and protect the rights Performance Review Board; room 902 of Crystal Park Two, 2121 of certain performers in respect of their Membership Crystal Drive, Arlington, Virginia. The live performances. transcript will also be made available • A Treaty for the Sui Generis Below is a listing of individuals who through the Patent and Trademark Protection of Databases, which would are eligible to serve on the Performance Office’s home page, which is located at ensure adequate incentives to invest in Review Board in accordance with the www.uspto.gov. creating databases, through a new type Written comments should be National Telecommunications and of protection that would safeguard submitted to the Commissioner of Information Administration Senior databases against destruction of their Patents and Trademarks, Box 4, Patent commercial value. Executive Service (SES) Performance and Trademark Office, Washington, D.C. These agreements would provide the Appraisal System: 20231, marked to the attention of Ms. levels of protection for both copyright Kathryn C. Brown Carmen Guzman Lowrey, Associate and neighboring rights that are critical Dennis R. Connors Commissioner for Governmental and to the development of the commercial International Affairs. Written comments potential of the GII. William D. Gamble may also be submitted electronically by Much progress has been made in the Bernadette McGuire-Rivera sending them to Mr. Keith negotiations in WIPO through the Richard D. Parlow Kupferschmid at [email protected]. submission of treaty proposals by the All written comments received will be United States and other countries. Based Neal B. Seitz made available for public inspection in on these submissions and the views William F. Utlaut room 902 of Crystal Park Two, 2121 expressed in meetings of the Committee Barbara S. Wellbery Crystal Drive, Arlington, Virginia. of Experts, the Chairman of the FOR FURTHER INFORMATION CONTACT: Mr. Committee of Experts has prepared Ronald P. Hack Keith M. Kupferschmid by telephone at three draft treaties which address digital Anthony J. Calza, (703) 305–9300, by facsimile at (703) and conventional copyright issues. Acting Executive Secretary, National 305–8885, by electronic mail at These proposed treaties will be taken up Telecommunications and Information [email protected] or by mail marked at a Diplomatic Conference on Certain Administration, Performance Review Board. to his attention and addressed to the Copyright and Neighboring Rights [FR Doc. 96–26565 Filed 10–16–96; 8:45 am] Commissioner of Patents and Issues to be convened December 2–20, BILLING CODE 3510±BS±M Trademarks, Box 4, Patent and in Geneva at WIPO headquarters. 54160 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

As the Administration prepares for DEPARTMENT OF DEFENSE description of their relationship to the the Diplomatic Conference, we invite Medicare PPS, are detailed below. Office of the Secretary interested parties to submit written I. Medicare PPS Changes Which Affect comments on the Chairman’s text of the Civilian Health and Medical Program of the CHAMPUS DRG-Based Payment draft treaties. These comments should the Uniformed Services (CHAMPUS); System be received by the PTO no later than FY97 DRG Updates November 22, 1996. Following is a discussion of the AGENCY: Office of the Secretary, DoD. changes the Health Care Financing In addition, to facilitate a better Administration (HCFA) has made to the ACTION: Notice of DRG revised rates. understanding of the text of the draft Medicare PPS which affect the treaties, the PTO will hold a briefing to SUMMARY: This notice provides the CHAMPUS DRG-based payment system. discuss them. During the briefing, Jukka updated adjusted standardized amounts, A. DRG Classifications Liedes, Chairman of the Committee of DRG relative weights, outlier thresholds, Experts, will discuss the text and will be and beneficiary cost-share per diem Under both the Medicare PPS and the available to answer questions. rates to be used for FY 1997 under the CHAMPUS DRG-based payment system, cases are classified into the appropriate Copies of the draft treaties and other CHAMPUS DRG-based payment system. DRG by a Grouper program. The information relevant to the Diplomatic It also describes the changes made to the Grouper classifies each case into a DRG Conference can be found at the PTO’s CHAMPUS DRG-based payment system in order to conform to changes made to on the basis of the diagnosis and home page, located at www.uspto.gov. procedure codes and demographic Copies of the draft treaties will also be the Medicare Prospective Payment System (PPS). information (that is, sex, age, and available at the briefing and upon discharge status). The Grouper used for request. EFFECTIVE DATES: The rates and weights and Medicare PPS changes which affect the CHAMPUS DRG-based payment Dated: October 10, 1996. the CHAMPUS DRG-based payment system is the same as the current Bruce A. Lehman, system contained in this notice are Medicare Grouper with two modifications. The CHAMPUS system Assistant Secretary of Commerce and effective for admissions occurring on or Commissioner of Patents and Trademarks. after October 1, 1996. has replaced Medicare DRG 435 with two age-based DRGs (900 and 901), and [FR Doc. 96–26511 Filed 10–16–96; 8:45 am] ADDRESSES: Office of the Civilian Health we have implemented thirty-four (34) and Medical Program of the Uniformed BILLING CODE 3510±16±P neonatal DRGs in place of Medicare Services (OCHAMPUS), Program DRGs 385 through 390. For admissions Development Branch, Aurora, CO occurring on or after October 1, 1995, 80045–6900. the CHAMPUS grouper hierarchy logic CONSUMER PRODUCT SAFETY FOR FURTHER INFORMATION CONTACT: was changed so the age split (age <29 COMMISSION Marty Maxey, program Development days) and assignments to MDC 15 occur Branch, OCHAMPUS, telephone (303) before assignment of the PreMDC DRGs. Sunshine Act Meeting 361–1227. To obtain copies of this This results in all neonate document, see the ADDRESSES section tracheostomies and organ transplants to TIME AND DATE: Wednesday, October 23, above. Questions regarding payment of be grouped to MDC 15 DRGs and not to 1996, 10:30 a.m. specific claims under the CHAMPUS DRGs 480–483 or 495. Grouping for all DRG-based payment system should be LOCATION: Room 420, East West Towers, other DRGs under the CHAMPUS addressed to the appropriate CHAMPUS 4330 East West Highway, Bethesda, system is identical to the Medicare PPS. contractor. Maryland. For FY 1997, HCFA will implement a SUPPLEMENTARY INFORMATION: The final number of classification changes, STATUS: Open to the Public. rule published on September 1, 1987 (52 including surgical hierarchy changes, FR 32992) set forth the basic procedures MATTER TO BE CONSIDERED: revisions to the Major Problem used under the CHAMPUS DRG-based Diagnosis List, and refinements to the FY 1997 Operating Plan payment system. This was subsequently Complications and Comorbidities (CC) amended by final rules published List. The CHAMPUS Grouper will The staff will brief the Commission on August 31, 1988 (53 FR 33461), October incorporate all changes made to the issues related to the Commission’s 21, 1988 (53 FR 41331), December 16, Medicare Grouper. Operating Plan for Fiscal Year 1997. 1988 (53 FR 50515), May 30, 1990 (55 B. Wage Index and Medicare For a recorded message containing the FR 21863), and October 22, 1990 (55 FR 42560). Geographic Classification Review Board latest agenda information, call (301) An explicit tenet of these final rules, Guidelines 504–0709. and one based on the statute authorizing CHAMPUS will continue to use the CONTACT PERSON FOR ADDITIONAL the use of DRGs by CHAMPUS, is that same wage index amounts used for the INFORMATION: Sadye E. Dunn, Office of the CHAMPUS DRG-based payment Medicare PPS. In addition, CHAMPUS the Secretary, 4330 East West Highway, system is modeled on the Medicare PPS, will duplicate all changes with regard to Bethesda, MD 20207 (301) 504–0800. and that, whenever practicable, the the wage index for specific hospitals CHAMPUS system will follow the same which are redesignated by the Medicare Dated: October 15, 1996. rules that apply to the Medicare PPS. Geographic Classification Review Board. Sadye E. Dunn, HCFA publishes these changes annually Secretary. in the Federal Register and discusses in C. Hospital Market Basket [FR Doc. 96–26826 Filed 10–15–96; 2:46 pm] detail the impact of the changes. We will update the adjusted BILLING CODE 6355±01±M In addition, this notice updates the standardized amounts according to the rates and weights in accordance with final update hospital market basket used our previous final rules. The actual for the Medicare PPS according to changes we are making, along with a HCFA’s August 30, 1996, final rule. Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54161

D. Outlier Payments E. Capital-Related Costs for children’s hospitals. For children’s For FY97 HCFA will increase its hospital cost outliers, the cost-to-charge CHAMPUS is adopting the HCFA ratio used is 0.6459. outlier thresholds for FY97. The long- inpatient capital-related prospective payment rate. Since CHAMPUS pays for stay threshold shall equal the lesser of III. Updated Rates and Weights capital-related costs on a retrospective 3.0 standard deviations or 24 days above basis based on actual costs instead of Tables 1 and 2 provide the rates and the DRG’s geometric LOS. Long-stay prospectively like Medicare, we will weights to be used under the CHAMPUS outliers will be reimbursed the DRG- reimburse 100% of capital-related costs DRG-based payment system during FY based amount plus 33 percent of the per for CHAMPUS days occurring on or 1997 and which are a result of the diem rate for the DRG for each covered after the effective day of the Medicare changes described above. The day of care beyond the long-stay outlier PPS update. implementing regulations for the threshold. The cost outlier will be CHAMPUS DRG-based payment system reimbursed the DRG-based amount plus II. Cost-to-Charge Ratio are in 32 CFR Part 199. 80 percent of the standardized costs For FY 1997, the cost-to-charge ratio exceeding the threshold. The cost used for the CHAMPUS DRG-based Dated: October 10, 1996. outlier threshold shall be the DRG payment system will be 0.5795 which is L.M. Bynum, payment (wage-adjusted but prior to increased to 0.5895 to account for bad debts. This shall be used to calculate the Alternate Federal Register Liaison Officer, adjustment for indirect medical Department of Defense. education) plus a flat rate of $8,850. adjusted standardized amounts and to calculate cost outlier payments, except BILLING CODE 5000±04±M 54162 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54163 54164 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54165 54166 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54167 54168 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54169 54170 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54171 54172 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54173

[FR Doc. 96–26531 Filed 10–16–96; 8:45 am] BILLING CODE 5000±04±C 54174 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

Department of the Air Force 95652–1389, Phone: 916/643–0830 ext Dated: October 10, 1996. 167, Fax: 916/643–0827. Patricia L. Toppings, Notice of Intent To Prepare an Patsy J. Conner, Alternate OSD Federal Register Liaison Environmental Impact Statement for Officer, Department of Defense. the Disposal of McClellan Air Force Air Force Federal Register Liaison Officer. Base, California [FR Doc. 96–26576 Filed 10–16–96; 8:45 am] F035 AF MP L BILLING CODE 3910±01±P The United States Air Force (Air SYSTEM NAME: Force) is issuing this notice to advise Unfavorable Information Files (UIF) the public that the Air Force intends to Privacy Act of 1974; Alteration of a (November 7, 1994, 59 FR 55452). prepare an Environmental Impact System of Records Statement (EIS) to assess the potential CHANGES: environmental impacts in support of AGENCY: Department of the Air Force, * * * * * decision making for the disposal of DOD. SYSTEM LOCATION: McClellan Air Force Base, in Delete entry and replace with Sacramento, California. The resulting ACTION: Alteration of a system of ‘Complete Unfavorable Information EIS will be considered in making records. Files (UIFs) are maintained in the Unit disposal decisions that will be Orderly Rooms and Military Personnel documented in the Air Force’s Record of SUMMARY: The Department of the Air Flights at Air Force installations. Decision. Force proposes to alter a system of The EIS will address the potential records notices in its inventory of Official mailing addresses are published as an appendix to the Air Force environmental impacts of disposal of systems of records notices subject to the compilation of systems of records the property resulting from closure of Privacy Act of 1974 (5 U.S.C. 552a), as McClellan AFB pursuant to the Defense notices. amended. The alteration consists of At Headquarters Air Reserve Base Closure and Realignment Act adding the Air Force Reserve and Personnel Center, 6760 East Irvington (DBCRA), as amended. The EIS will also National Guard personnel Place 4000, Denver CO 80280–4000; at address the potential environmental (approximately 80,000 individuals) in Headquarters Air Force Reserve, 155 impacts of reasonable disposal the ‘Categories of individuals covered 2nd Street, Robins Air Force Base, GA alternatives. by the system.’ The scoping period for the McClellan 31098–6001 and at Headquarters, Air AFB Disposal EIS will extend through DATES: The alteration will be effective National Guard, 3500 Fetchet Avenue, December 13, 1996. On November 14, on November 18, 1996, unless Andrews Air Force Base, MD 20762– 1996 starting at 7:00 pm, a formal comments are received that would 5157. A copy of the UIF summary sheet is scoping meeting will be held at the result in a contrary determination. maintained at individual’s unit of North Highlands Community Center, ADDRESSES: Send comments to the Air assignment and geographically 6040 Watt Avenue, North Highlands, separated units not collocated with a California, 95660. The purpose of the Force Access Programs Manager, HQ servicing Military Personnel Flight and scoping meeting is to provide a forum USAF/SCMI, 1250 Air Force Pentagon, at the gaining unit for individuals for public officials and the community Washington, DC 20330–1250. selected for reassignment. to provide information and comments, FOR FURTHER INFORMATION CONTACT: Mrs. For officers through the grade of and to identify environmental issues Anne Rollins at (703) 697–8674 or DSN Lieutenant Colonel, the UIF summary and concerns that need to be assessed 227–8674. sheet is also maintained at major and discussed in the EIS. During the command level. For colonels, colonel meeting, the Air Force will discuss the SUPPLEMENTARY INFORMATION: The selects, and general officers the UIF proposal to dispose of portions of complete inventory of Department of the summary sheet is also maintained at McClellan AFB, describe the process Air Force system of records notices Headquarters Air Force level.’ involved in preparing an EIS, and ask subject to the Privacy Act of 1974 (5 for input in identifying alternate uses U.S.C. 552a), as amended, have been CATEGORIES OF INDIVIDUALS COVERED BY THE for the property. The Air Force will published in the Federal Register and SYSTEM: consider reasonable alternatives offered are available from the address above. Delete entry and replace with ‘All by any federal, state, or local The proposed system report, as active or reserve component (Air Force government agency, as well as any required by 5 U.S.C. 522a(r) of the Reserve and Air National Guard) individual or private entity. Privacy Act of 1974, as amended, was military personnel who are the subject To ensure the Air Force will have submitted on October 7, 1996, to the of an UIF.’ sufficient time to consider public inputs Committee on Government Reform and * * * * * on issues to be included in the EIS, the Air Force recommends that comments Oversight of the House of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: and disposal proposals be presented at Representatives, the Committee on Delete entry and replace with ‘10 the earliest possible date. The Air Force Governmental Affairs of the Senate, and U.S.C. 8013, Secretary of the Air Force: will, however, accept additional the Office of Management and Budget Powers and duties; delegation by; as comments at the address below at any (OMB) pursuant to paragraph 4c of implemented by Air Force Instruction time during the environmental impact Appendix I to OMB Circular No. A–130, 36–2907, Unfavorable Information File analysis process. ‘Federal Agency Responsibilities for Program.’ Please direct written comments or Maintaining Records About * * * * * requests for further information Individuals,’ dated February 8, 1996 concerning the McClellan AFB disposal (February 20, 1996, 61 FR 6427). RETENTION AND DISPOSAL: EIS to: Mr. Marc Garcia, SM-ALC/ Delete entry and replace with ‘For EMRO, 5050 Dudley Blvd., Suite 3, enlisted personnel destroy 1 year after McClellan AFB, Sacramento, California the effective date of placement into UIF. Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54175

For officers destroy 4 years, or PCS/ system should address inquiries to the assignment, promotion and reenlistment transfer plus 1 year, whichever is later servicing Military Personnel Flight, Unit considerations prior to effecting such after the effective date of placement into Orderly Room, or the appropriate actions. UIFs also provide information UIF, the most recent unfavorable System manager identified above.’ necessary to support administrative correspondence or document not related * * * * * separation when further rehabilitation to administrative reprimand or efforts would not be considered admonition. When the UIF contains F035 AF MP L effective. more than one document, destroy all SYSTEM NAME: records after 1 year for enlisted and after ROUTINE USES OF RECORDS MAINTAINED IN THE Unfavorable Information Files (UIF). SYSTEM, INCLUDING CATEGORIES OF USERS AND 4 years or PCS/transfer plus 1 year, THE PURPOSE OF SUCH USES: whichever is later, for officers, from the SYSTEM LOCATION: In addition to those disclosures effective date of the most recent Complete Unfavorable Information generally permitted under 5 U.S.C. unfavorable correspondence or Files (UIFs) are maintained in the Unit 552a(b) of the Privacy Act, these document, except when longer retention Orderly Rooms and Military Personnel records, or information contained is required. Enlisted files will be Flights at Air Force installations. therein, may specifically be disclosed destroyed when a member is separated Official mailing addresses are published outside the DOD as a routine use (without immediate return or as an appendix to the Air Force pursuant to 5 U.S.C. 552a(b)(3) as continuation on active duty), retires or compilation of systems of records follows: dies. Officer files will be transferred to notices. The ‘Blanket Routine Uses’ published At Headquarters Air Reserve the Air Reserve Component or destroyed at the beginning of the Air Force’s Personnel Center, 6760 East Irvington if the member retires or dies. The compilation of systems of records Place 4000, Denver CO 80280–4000; at disposition date for placement on the notices apply to this system. control roster is 1 year for officers and Headquarters Air Force Reserve, 155 enlisted personnel. Records are 2nd Street, Robins Air Force Base, GA POLICIES AND PRACTICES FOR STORING, destroyed by tearing into pieces, 31098–6001 and at Headquarters, Air RETRIEVING, ACCESSING, RETAINING, AND shredding, pulping, macerating or National Guard, 3500 Fetchet Avenue, DISPOSING OF RECORDS IN THE SYSTEM: burning. Computer records are Andrews Air Force Base, MD 20762– STORAGE: destroyed by erasing, deleting or 5157. Maintained in visible file binders/ overwriting.’ A copy of the UIF summary sheet is cabinets and in computers and on maintained at individual’s unit of computer output products. SYSTEM MANAGER(S) AND ADDRESS: assignment and geographically Delete entry and replace with separated units not collocated with a RETRIEVABILITY: ‘Assistant Deputy Chief of Staff/ servicing Military Personnel Flight and Retrieved by name or Social Security Personnel, Headquarters Air Force at the gaining unit for individuals Number. Personnel Center, 550 C Street W, selected for reassignment. Randolph Air Force Base, TX 78150– For officers through the grade of SAFEGUARDS: 4703; Lieutenant Colonel, the UIF summary Records are accessed by custodian of Director of Personnel, Headquarters sheet is also maintained at major the record system and by person(s) Air Reserve Personnel Center, 6760 East command level. For colonels, colonel responsible for servicing the record Irvington Place 4000, Denver, CO selects, and general officers the UIF system in performance of their official 80280–4000; summary sheet is also maintained at duties who are properly screened and Director of Personnel, Headquarters Headquarters Air Force level. cleared for need-to-know. Records are Air Force Reserve, 155 2nd Street, stored in locked cabinets or rooms. Robins Air Force Base, GA 31098–6001; CATEGORIES OF INDIVIDUALS COVERED BY THE Computer records are protected by SYSTEM: and computer software. All active or reserve component (Air Director of Personnel, Headquarters, RETENTION AND DISPOSAL: Air National Guard, 3500 Fetchet Force Reserve and Air National Guard) For enlisted personnel destroy 1 year Avenue, Andrews Air Force Base, MD military personnel who are the subject after the effective date of placement into 20762–5157.’ of an UIF. UIF. For officers destroy 4 years, or CATEGORIES OF RECORDS IN THE SYSTEM: NOTIFICATION PROCEDURE: PCS/transfer plus 1 year, whichever is Derogatory correspondence Delete entry and replace with later after the effective date of determined as mandatory for file or as ‘Personnel for whom optional UIFs exist placement into UIF, the most recent appropriate for file by an individual’s are routinely notified of a file. In all unfavorable correspondence or commander. Examples include written cases personnel have had the document not related to administrative admonitions or reprimands; court- opportunity or are authorized to rebut reprimand or admonition. When the UIF martial orders; letters of indebtedness, the correspondence in the file. contains more than one document, or control roster correspondence and Individuals seeking to determine destroy all records after 1 year for drug/alcohol abuse correspondence. whether this system of records contains enlisted and after 4 years or PCS/ information about themselves should AUTHORITY FOR MAINTENANCE OF THE SYSTEM: transfer plus 1 year, whichever is later, address inquiries to the servicing 10 U.S.C. 8013, Secretary of the Air for officers, from the effective date of the Military Personnel Flight, Unit Orderly Force: Powers and duties; delegation by; most recent unfavorable correspondence Room or the appropriate System as implemented by Air Force Instruction or document, except when longer manager identified above.’ 36–2907, Unfavorable Information File retention is required. Enlisted files will Program. be destroyed when a member is RECORD ACCESS PROCEDURES: separated (without immediate return or Delete entry and replace with PURPOSE(S): continuation on active duty), retires or ‘Individuals seeking access to records Reviewed by commanders and dies. Officer files will be transferred to about themselves contained in this personnel officials to assure appropriate the Air Reserve Component or destroyed 54176 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices if the member retires or dies. The Department of the Army SUPPLEMENTARY INFORMATION: The disposition date for placement on the complete inventory of the Department of control roster is 1 year for officers and Armed Forces Epidemiological Board the Navy’s record system notices for enlisted personnel. Records are (AFEB) records systems subject to the Privacy destroyed by tearing into pieces, Act of 1974 (5 U.S.C. 552a), as amended, AGENCY: Office of The Surgeon General. shredding, pulping, macerating or have been published in the Federal burning. Computer records are ACTION: Notice of closed meeting. Register and are available from the destroyed by erasing, deleting or address above. SUMMARY: In accordance with section overwriting. 10(a)(2) of Public Law 92–463, The The proposed system report, as required by 5 U.S.C. 552a(r) of the SYSTEM MANAGER(S) AND ADDRESS: Federal Advisory Committee Act, this announces the forthcoming AFEB Privacy Act of 1974, as amended, was Assistant Deputy Chief of Staff/ Disease Control Subcommittee Meeting. submitted on October 3, 1996, to the Personnel, Headquarters Air Force The meeting will be held from 0900– Committee on Government Reform and Personnel Center, 550 C Street W, 1630, Thursday, October 31, 1996. The Oversight of the House of Randolph Air Force Base, TX 78150– purpose of the meeting is to have a Representatives, the Committee on 4703; classified AFEB update on the DoD Governmental Affairs of the Senate, and Director of Personnel, Headquarters Immunization Program for Biological the Office of Management and Budget Air Reserve Personnel Center, 6760 East Warfare Defense in accordance with (OMB) pursuant to paragraph 4c of Irvington Place 4000, Denver, CO DoD Directive 6205.3. The meeting Appendix I to OMB Circular No. A–130, 80280–4000; location will be at USAMRIID, Fort ‘Federal Agency Responsibilities for Director of Personnel, Headquarters Detrick, Frederick, Maryland. This Maintaining Records About Air Force Reserve, 155 2nd Street, meeting will be closed to the public in Individuals,’ dated February 8, 1996 Robins Air Force Base, GA 31098–6001; accordance with Section 552b(c) of title (February 20, 1996, 61 FR 6427). Dated: October 10, 1996. and 5, U.S.C., specifically subparagraph (1) Director of Personnel, Headquarters, thereof and title 5, U.S.C., appendix 1, Patricia L. Toppings, Air National Guard, 3500 Fetchet subsection 10(d). Alternate OSD Federal Register Liaison Avenue, Andrews Air Force Base, MD Officer, Department of Defense. FOR FURTHER INFORMATION CONTACT: 20762–5157. COL Vicky Fogelman, AFEB Executive N01740±2 NOTIFICATION PROCEDURE: Secretary, Armed Forces Epidemiological Board, Skyline Six, SYSTEM NAME: Personnel for whom optional UIFs Family Dependent Care Program. exist are routinely notified of a file. In 5109 Leesburg Pike, Room 667, Falls Church, Virginia 22041–3258, (703) all cases personnel have had the SYSTEM LOCATION: opportunity or are authorized to rebut 681–8012/3. SUPPLEMENTARY INFORMATION: None. Organizational elements of the the correspondence in the file. Department of the Navy. Official Gregory D. Showalter, Individuals seeking to determine mailing addresses are published as an whether this system of records contains Army Federal Register Liaison Officer. appendix to the Navy’s compilation of information about themselves should [FR Doc. 96–26583 Filed 10–16–96; 8:45 am] systems of records notices. address inquiries to the servicing BILLING CODE 3710±08±M Military Personnel Flight, Unit Orderly CATEGORIES OF INDIVIDUALS COVERED BY THE Room or the appropriate System SYSTEM: manager identified above. Department of the Navy All Navy personnel serving on active duty or in the Ready Reserve who are RECORD ACCESS PROCEDURES: Privacy Act of 1974; Notice to Add a single parents or members of dual Individuals seeking access to records System of Records military couples, that have custodial about themselves contained in this AGENCY: Department of the Navy, DOD. responsibility (i.e., housing, medical, system should address inquiries to the logistical, financial, food, clothing, servicing Military Personnel Flight, Unit ACTION: Notice to add a system of records. transportation, etc) for family members Orderly Room, or the appropriate or other dependents. System manager identified above. SUMMARY: The Department of the Navy CATEGORIES OF RECORDS IN THE SYSTEM: CONTESTING RECORD PROCEDURES: proposes to add one record systems to its inventory of system of records Family Care Plan package which The Air Force rules for accessing notices subject to the Privacy Act of includes NAVPERS 1740.6 - Family records, and for contesting contents and 1974 (5 U.S.C. 552a), as amended. Care Plan Certificate, NAVPERS 1740.7 appealing initial agency determinations - Family Care Plan Arrangements, are published in Air Force Instruction DATES: The action will be effective without further notice on November 18, Family Care Plan Checklist, copies of 37–132; 32 CFR part 806b; or may be powers of attorney, legal documents, obtained from the system manager. 1996, unless comments are received that would result in a contrary allotment information, financial information, counseling forms, etc. RECORD SOURCE CATEGORIES: determination. Supervisory reports or censures and ADDRESSES: Send comments to the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: documented records of poor Department of the Navy, PA/FOIA 5 U.S.C. 301, Departmental performance or conduct. Policy Branch, Chief of Naval Regulations, E.O. 9397, OPNAVINST Operations (N09B30), 2000 Navy 1740.4A, U.S. Navy Family Care Policy. EXEMPTIONS CLAIMED FOR THE SYSTEM: Pentagon, Washington, DC 20350–2000. None. FOR FURTHER INFORMATION CONTACT: Mrs. PURPOSE(S): [FR Doc. 96–26527 Filed 10–16–96; 8:45 am] Doris Lama at (202) 685–6545 or DSN To ensure family members are cared BILLING CODE 5000±04±F 325–6545. for during deployments, reserve Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54177 mobilizations, temporary duty, etc and information about themselves should Aquifer, and to increase the existing that arrangements are in place for the address written inquiries to the withdrawal limit of 136 mg/30 days financial well-being of family members Commanding Officer of the activity from all wells to 149 mg/30 days. The covered by the Family Care Plan during where assigned. project is located in Evesham Township, separations. Request should include full name, Burlington County, New Jersey. This Utilized by command financial Social Security Number, and dates hearing continues that of September 19, specialists, Family Service Centers, and assigned at that activity. 1996. legal assistance offices for providing 2. Resorts USA, Inc. D–96–15 CP. An RECORD ACCESS PROCEDURES: guidance and assistance. application for approval of a ground Individuals seeking access to records water withdrawal project to supply up ROUTINE USES OF RECORDS MAINTAINED IN THE about themselves contained in this to 2.42 mg/30 days of water to the SYSTEM, INCLUDING CATEGORIES OF USERS AND system of records should address applicant’s Saw Creek Estates THE PURPOSES OF SUCH USES: written inquiries to the Commanding development from new Well No. 12, and In addition to those disclosures Officer of the activity where assigned. to retain the existing withdrawal limit generally permitted under 5 U.S.C. Request should include full name, from all wells of 22.8 mg/30 days. The 552a(b) of the Privacy Act, these records Social Security Number, and dates project is located in Lehman Township, or information contained therein may assigned at that activity. Pike County, Pennsylvania. specifically be disclosed outside the 3. City of Coatesville Authority D–96– CONTESTING RECORD PROCEDURES: DoD as a routine use pursuant to 5 16 CP. A project to withdraw a U.S.C. 552a(b)(3) as follows: The Navy’s rules for accessing maximum of 4.0 million gallons per day The ‘Blanket Routine Uses’ that records, and contesting contents, and (mgd) from the West Branch appear at the beginning of the Navy’s appealing initial agency determinations Brandywine Creek to serve the City of compilation of systems of records are published in Secretary of the Navy Coatesville and portions of its existing notices apply to this system. Instruction 5211.5; 32 CFR part 701; or inter-basin system including nine may be obtained from the system adjacent municipalities in Chester POLICIES AND PRACTICES FOR STORING, manager. RETRIEVING, ACCESSING, RETAINING, AND County, Pennsylvania, most of which DISPOSING OF RECORDS IN THE SYSTEM: RECORD SOURCE CATEGORIES: are within the Delaware River Basin, The individual. and portions of six townships in STORAGE: Lancaster County in the Susquehanna Paper and automated records. EXEMPTIONS CLAIMED FOR THE SYSTEM: River Basin. Water will be withdrawn via the Hibernia Pump Station located RETRIEVABILITY: None. approximately 2,000 feet downstream of Name and Social Security Number. [FR Doc. 96–26528 Filed 10–16–96; 8:45 am] BILLING CODE 5000±04±F the Hiberna Dam in West Caln SAFEGUARDS: Township, Chester County, Files are maintained in file cabinets Pennsylvania. Public water supply storage has been provided in Hibernia under the control of authorized DELAWARE RIVER BASIN Reservoir and water will be released to personnel during working hours; the COMMISSION Birch Run, a tributary of West Branch office space in which the file cabinets Brandywine Creek on which Hibernia are located is locked outside official Notice of Commission Meeting and Dam is located, to compensate for the working hours. Automated records are Public Hearing project withdrawal during periods of password protected. Notice is hereby given that the low flow. RETENTION AND DISPOSAL: Delaware River Basin Commission will 4. Schnecksville North Sewer Records are maintained by the hold a public hearing on Wednesday, Company D–96–25. A project to expand commanding officer or his designated October 23, 1996. The hearing will be an existing sewage treatment plant representative for the period the part of the Commission’s regular (STP) from 48,000 gallons per day (gpd) individual is assigned to that business meeting which is open to the to 75,000 gpd to serve the Schnecksville organization. Records are updated public and scheduled to begin at 11:00 North residential and commercial annually or when family circumstances a.m. in the Joint Finance Committee development located on Schneck Road, or other personal status changes. File Room on the first floor of Legislative North Whitehall Township, Lehigh follows member with each new Hall on Legislative Avenue in Dover, County, Pennsylvania. The STP is assignment. Once affiliation with the Delaware. situated approximately 2,000 feet west Navy is complete, record is destroyed. A briefing of the Delaware River of the Pennsylvania Turnpike Extension Basin’s Delaware legislators will be held and just off Schneck Road in North SYSTEM MANAGER(S) AND ADDRESS: at 10:00 a.m. at the same location. Whitehall Township. The STP will Policy Official: Chief of Naval The subjects of the hearing will be as discharge to an unnamed tributary of Personnel, Bureau of Naval Personnel follows: Coplay Creek in the Lehigh River (Pers-2WW), 2 Navy Annex, Applications for Approval of the watershed after providing advanced Washington, DC 20370–5001. Following Projects Pursuant to Article secondary biological treatment with a Record Holder: Commanding officer 10.3, Article 11 and/or Section 3.8 of the modified extended aeration activated or designated representative of the naval Compact: sludge process followed by tertiary activity where assigned. Official mailing 1. Holdover Project: Evesham filtration and disinfection by chlorine addresses are published as an appendix Municipal Utilities Authority (D–93–38 contact. to the Navy’s compilation of systems of CP). An application for approval of a 5. Pine Valley Golf Club D–96–34. A records notices. ground water withdrawal project to project to increase the surface water supply up to 29 million gallons (mg)/30 withdrawal at two on-site ponds (Intake NOTIFICATION PROCEDURE: days of water to the applicant’s No. 1 at Pond 3 and Intake No. 2 at Pond Individuals seeking to determine distribution system from new Well No. 5) and existing Well Nos. 2 and 3, from whether this system of records contains 13 screened in the Mount Laurel 12.5 mg/30 days to 32 mg/30 days. 54178 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

Withdrawal from the wells will DEPARTMENT OF EDUCATION frequency of collection; and (6) continue to be limited to 3 mg/30 days. Reporting and/or Recordkeeping Surface water is used for irrigation and Notice of Proposed Information burden. OMB invites public comment at the increase will serve expanded Collection Requests the address specified above. Copies of the requests are available from Patrick J. operations of the applicant’s facility, AGENCY: Department of Education. including a ten-hole short course, turf Sherrill at the address specified above. ACTION: Submission for OMB review; Gloria Parker, nurseries and several practice areas. The comment request. golf course is situated along the Director, Information Resources Group. headwaters of the North Branch of Big SUMMARY: The Director, Information Office of the Under Secretary Timber Creek in Pine Valley Borough, Resources Group, invites comments on Camden County, New Jersey. the proposed information collection Type of Review: New. Title: National ‘‘What Works’’ 6. Connaught Laboratories, Inc. D–96– requests as required by the Paperwork Reduction Act of 1995. Evaluation for Adult English-as-a- 38. An application for a new Total second-language (ESL) Students. DATES: Interested persons are invited to Dissolved Solids (TDS) determination Frequency: One time only. submit comments on or before for the applicant’s existing 0.15 mgd Affected Public: Not-for-profit November 18, 1996. wastewater treatment plant discharge to institutions; State, local or Tribal Swiftwater Creek, a tributary of Paradise ADDRESSES: Written comments should Government, SEAs or LEAs. Creek, in Pocono Township, Monroe be addressed to the Office of Reporting and Recordkeeping Hour County, Pennsylvania. The plant will Information and Regulatory Affairs, Burden: continue to serve only the wastewaters Attention: Wendy Taylor, Desk Officer, Responses: 1,280 Burden Hours: generated by the vaccine production Department of Education, Office of 563. operations of Connaught Laboratories, Management and Budget, 725 17th Abstract: The Planning and Inc. and the adjacent Salk Institute, both Street, NW., Room 10235, New Evaluation Service is conducting a five- in Pocono Township, Monroe County, Executive Office Building, Washington, year study to describe and identify Pennsylvania. As a result of continuing DC 20503. Requests for copies of the effective ESL instruction for adults with proposed information collection instream monitoring for background limited literacy skills in six states: requests should be addressed to Patrick levels and the effects of TDS, and in California, Florida, Illinois, New Jersey, J. Sherrill, Department of Education, 600 New York and Texas. Phase 1 of the order to meet future vaccine production Independence Avenue, S.W., Room demands, the applicant requests an evaluation, for which clearance is being 5624, Regional Office Building 3, sought, is a descriptive study of all adult allowable mass load increase from the Washington, DC 20202–4651. 838 pounds/day monthly average to ESL providers in these states and FOR FURTHER INFORMATION CONTACT: 2,250 pounds/day monthly average selected sites providing adult ESL Patrick J. Sherrill (202) 708–8196. (from 670 mg/l to 1,800 mg/l). instruction. The information from the Individuals who use a study will be used to develop 7. Schleicher Trailer Park D–96–39. A telecommunications device for the deaf descriptive profiles of the key features project to construct a 100,000 gpd STP (TDD) may call the Federal Information of adult ESL instruction, to help identify in two 50,000 gpd phases, to serve a 96- Relay Service (FIRS) at 1–800–877–8339 sites for Phase 2 of the study, and to unit mobile home park in East Penn between 8 a.m. and 8 p.m., Eastern time, obtain respondents’ perception about Township, Carbon County, Monday through Friday. ‘‘what works’’ for low-literate, adult ESL Pennsylvania. The STP will provide SUPPLEMENTARY INFORMATION: Section learners. Information will be collected secondary biological treatment utilizing 3506 of the Paperwork Reduction Act of from ESL administrators and the extended aeration activated sludge 1995 (44 U. S. C. Chapter 35) requires instructors. process, chlorine disinfection and that the Office of Management and [FR Doc. 96–26563 Filed 10–16–96; 8:45 am] Budget (OMB) provide interested dechlorination prior to discharge to an BILLING CODE 4000±01±P unnamed tributary of Lizard Creek, a Federal agencies and the public an early tributary of the Lehigh River, opportunity to comment on information approximately 1,000 feet south of Route collection requests. OMB may amend or National Assessment Governing 895 in East Penn Township, Carbon waive the requirement for public Board; Meeting County, Pennsylvania. consultation to the extent that public participation in the approval process AGENCY: National Assessment Documents relating to these items would defeat the purpose of the Governing Board; Education. may be examined at the Commission’s information collection, violate State or ACTION: Notice of meetings. offices. Preliminary dockets are Federal law, or substantially interfere available in single copies upon request. with any agency’s ability to perform its SUMMARY: This notice sets forth the Please contact George C. Elias statutory obligations. The Director of the schedule and proposed agenda of concerning docket-related questions. Information Resources Group publishes forthcoming meetings of the Persons wishing to testify at this hearing this notice containing proposed Achievement Levels and Design and are requested to register with the information collection requests prior to Methodology committees of the Secretary prior to the hearing. submission of these requests to OMB. National Assessment Governing Board. This notice also describes the functions Dated: October 7, 1996. Each proposed information collection, grouped by office, contains the of the Board. Notice of this meeting is Susan M. Weisman, following: (1) Type of review requested, required under Section 10(a)(2) of the Secretary. e.g., new, revision, extension, existing Federal Advisory Committee Act. This [FR Doc. 96–26619 Filed 10–16–96; 8:45 am] or reinstatement; (2) Title; (3) Summary document is intended to notify the BILLING CODE 6360±01±P of the collection; (4) Description of the general public of their opportunity to need for, and proposed use of, the attend. information; (5) Respondents and DATES: November 6, 1996. Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54179

TIME: Achievement Levels Committee, DEPARTMENT OF ENERGY Office of Statistical Standards, (EI–73), 8:30 a.m.–12:30 p.m., (open); Design Forrestal Building, U.S. Department of and Methodology Committee, 1:00–5:00 Energy Information Administration Energy, Washington, DC 20585. Mr. p.m. (open). Miller may be telephoned at (202) 426– Agency Information Collection Under 1103, FAX (202) 426–1081, or e-mail at LOCATION: Wyndham Hotel, 123 10th Review by the Office of Management [email protected]. Street, Atlanta, Georgia. and Budget SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: AGENCY: Energy Information energy information collection submitted Mary Ann Wilmer, Operations Officer, Administration, Department of Energy. to OMB for review was: National Assessment Governing Board, ACTION: Submission for OMB review; 1. EIA–14, 182, 782A/B/C, 821, 856, Suite 825, 800 North Capitol Street, comment request. 863, 877, 878, and 888, ‘‘Petroleum NW., Washington, DC 20002–4233, Marketing Program.’’ SUMMARY: The Energy Information 2. Energy Information Administration, Telephone: (202) 357–6938. Administration (EIA) has submitted the OMB No. 1905–0174, Revision, SUPPLEMENTARY INFORMATION: The energy information collection(s) listed at Mandatory. National Assessment Governing Board the end of this notice to the Office of 3. The Petroleum Marketing Program is established under section 412 of the Management and Budget (OMB) for surveys collect information on costs, review under section 3507(a)(1)(D)of the National Education Statistics Act of sales prices, and distribution for crude Paperwork Reduction Act of 1995 (Pub. 1994 (Title IV of the Improving oil and petroleum products. Data are L. 104–13). The listing does not include published in petroleum publications America’s Schools Act of 1994) (Pub. L. collections of information contained in 103–382). and in multifuel reports. new or revised regulations which are to 4. Respondents are refiners, first The Board is established to formulate be submitted under section purchasers, gas plant operators, policy guidelines for the National 3507(d)(1)(A) of the Paperwork resellers/retailers, motor gasoline Assessment of Education Progress. The Reduction Act, nor management and wholesalers, suppliers, distributors and Board is responsible for selecting procurement assistance requirements importers. subject areas to be assessed, developing collected by the Department of Energy 5. 146,229 (1.2 hrs. × 7.6 responses assessment objectives, identifying (DOE). Each entry contains the per year × 16,069 respondents). appropriate achievement goals for each following information: (1) collection Statutory Authority: 44 U.S.C. grade and subject tested, and number and title; (2) summary of the collection of information (includes 3506(a)(2)(A) of the Paperwork Reduction establishing standards and procedures Act of 1995 (Pub. L. No. 104–13). for interstate and national comparisons. sponsor (the DOE component)), current OMB document number (if applicable), Issued in Washington, DC, October 10, 1996. On November 6, between the hours of type of request (new, revision, 8:30 a.m. to 12:30 p.m. there will be a extension, or reinstatement); response Yvonne M. Bishop, meeting of the Achievement Levels obligation (mandatory, voluntary, or Director, Office of Statistical Standards, Committee. The Committee will be required to obtain or retain benefits); (3) Energy Information Administration. discussing early results of the 1996 a description of the need and proposed [FR Doc. 96–26594 Filed 10–16–96; 8:45 am] science achievement level-setting, and use of the information; (4) description of BILLING CODE 6450±01±P proposed analysis and validation the likely respondents; and (5) estimate studies in science. of total annual reporting burden Federal Energy Regulatory Also, on November 6, the Design and (average hours per response × proposed × Commission Methodology Committee will meet frequency of response per year between the hours of 1:00 to 5:00 p.m. estimated number of likely [Docket No. TM 97±1±120±001] The purpose of this meeting is to respondents.) discuss preliminary options for DATES: Comments must be filed on or Carnegie Interstate Pipeline Company; Notice of Compliance Filing implementation under the new NAEP before November 18, 1996. If you anticipate that you will be submitting redesign, as well as, some proposed October 10, 1996. comments but find it difficult to do so feasibility studies in specific technical Take notice that on October 7, 1996, within the time allowed by this notice, areas related to the design of NAEP. Carnegie Interstate Pipeline Company you should advise the OMB DOE Desk (CIPCO), in compliance with the letter Records are kept of all Board Officer listed below of your intention to order issued in the above-captioned proceedings and are available for public do so as soon as possible. The Desk proceeding on September 30, 1996, inspection at the U.S. Department of Officer may be telephoned at (202) 395– tendered for filing as part of its FERC Education, National Assessment 3084. (Also, please notify the EIA Gas Tariff, Original Volume No. 1, the Governing Board, Suite 325, 800 North contact listed below.) following revised tariff sheet: Capitol Street, NW, Washington, DC, ADDRESSES: Address comments to the from 8:30 a.m. to 5:00 p.m. Department of Energy Desk Officer, Substitute Ninth Revised Sheet No. 7 Dated: October 11, 1996. Office of Information and Regulatory CIPCO proposed that the tariff sheet Roy Truby, Affairs, Office of Management and become effective on October 1, 1996 Budget, 726 Jackson Place N.W., CIPCO states that since the time that Executive Director, National Assessment Washington, D.C. 20503. (Comments Governing Board. CIPCO filed Ninth Revised Sheet No. 7 should also be addressed to the Office on August 30, 1996, CIPCO received and [FR Doc. 96–26582 Filed 10–16–96; 8:45 am] of Statistical Standards at the address paid an annual charges bill for fiscal BILLING CODE 4000±01±M below.) year 1996. To reflect the payment of that FOR FURTHER INFORMATION CONTACT: bill, and in compliance with the letter Requests for additional information order accepting Ninth Revised Sheet No. should be directed to Herbert Miller, 7, CIPCO filed a substitute sheet to 54180 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices reflect the current Annual Charge All such motions or protests must be First Revised Sheet No. 61 Adjustment charge of $0.0020 per Mcf, filed as provided in Section 154.210 of MIDLA asserts that the purpose of this adjusted of $0.0019 per Dth to reflect the Commission’s Regulations. Protests filing is to correct a clerical error in the CIPCO’s measurement basis. will be considered by the Commission pagination of the indicated sheet. Any person desiring to protest said in determining the appropriate action to Pursuant to Section 154.7(a)(7) of the filing should file a protest with the be taken, but will not serve to make the Commission’s Regulations, MIDLA Federal Energy Regulatory Commission, protestants parties to the proceedings. respectfully requests waiver of Section 888 First Street, N.E., Washington, D.C. Any person wishing to become a party 154.207, Notice requirements, as well as 20426, in accordance with 18 CFR must file a motion to intervene. Copies any other requirement of the 385.211 of the Commission’s Rules and of this filing are on file with the Regulations in order to permit the Regulations. All such protects must be Commission and are available for public tendered tariff sheet to become effective filed as provided in Section 154.210 of inspection in the public reference room. September 1, 1996, as submitted. the Commission’s Regulations. Protests Lois D. Cashell, Any person desiring to protest said will be considered by the Commission Secretary. filing should file a protest with the in determining the appropriate action to [FR Doc. 96–26552 Filed 10–16–96; 8:45 am] Federal Energy Regulatory Commission, be taken, but will not serve to make BILLING CODE 6717±01±M 888 First Street, N.E., Washington, D.C. protestants parties to the proceeding. 20426, in accordance with Section Copies of this filing are on file with the 385.211 of the Commission’s Rules and Commission and are available for public [Docket No. EL95±58±001] Regulations. All such protests must be inspection in the public reference room. Entergy Services, Inc.; Notice of Filing filed as provided in Section 154.210 of Lois D. Cashell, the Commission’s Regulations. Protests Secretary. October 10, 1996. will be considered by the Commission [FR Doc. 96–26555 Filed 10–17–96; 8:45 am] Take notice that on August 22, 1996, in determining appropriate action to be BILLING CODE 6717±01±M Entergy Services, Inc. (Entergy Services) taken, but will not serve to make acting as agent for Entergy Arkansas, protestants parties to the proceeding. Inc., tendered for filing a formula for Copies of this filing are on file with the [Docket No. RP97±27±000] treatment of the net lease costs for Commission and are available for public unused steel railcars and a protective inspection in the Public Reference Colorado Interstate Gas Company; order in compliance with the Room. Notice of Proposed Changes in FERC Commission’s order of July 23, 1996, in Gas Tariff Lois D. Cashell, this docket. Secretary. October 10, 1996. Any person desiring to be heard or to [FR Doc. 96–26548 Filed 10–16–96; 8:45 am] protest said filing should file a motion Take notice that on October 8, 1996, BILLING CODE 6717±01±M Colorado Interstate Gas Company (CIG) to intervene or protest with the Federal tendered for filing to become part of its Energy Regulatory Commission, 888 FERC Gas Tariff, First Revised Volume First Street, NE., Washington, DC 20426, [Docket No. RP96±402±001] in accordance with Rules 211 and 214 No. 1, the revised tariff sheets, as listed Mississippi River Transmission in Appendix A to the filing, to be of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and 18 Corporation; Notice of Proposed effective November 15, 1996. Changes In FERC Gas Tariff CIG states it has tendered for filing CFR 385.214). All such motions or tariff sheets to simplify its Form of protests should be filed on or before October 10, 1996. Transportation Service Agreements. CIG October 21, 1996. Protests will be Take notice that on October 7, 1996, alleges it is proposing to make the considered by the Commission in Mississippi River Transmission changes to reduce administrative determining the appropriate action to be Corporation (MRT) tendered for filing as burden, avoid confusion and to prepare taken, but will not serve to make part of its FERC Gas Tariff, Third for electronic contracting. CIG also protestants parties to the proceeding. Revised Volume No. 1, the following states it is proposing to add language Any person wishing to become a party tariff sheets with a proposed effective articulating its open access policies with must file a motion to intervene. Copies date of October 1, 1996: of this filing are on file with the respect to receipt and delivery taps on Nineteenth Revised Sheet No. 5 its system. CIG alleges similar language Commission and are available for public inspection. Nineteenth Revised Sheet No. 6 was in its transportation tariff before its Sixteenth Revised Sheet No. 7 Order No. 636 tariff, but was not Lois D. Cashell, MRT states that the purpose of this brought forward, and CIG is correcting Secretary. filing is to replace the tariff sheets, that oversight. [FR Doc. 96–26540 Filed 10–16–96; 8:45 am] listed below, that were filed on CIG states that copies of this filing BILLING CODE 6717±01±M September 30, 1996 due to were served upon all CIG transportation mispagination, the misplacement of a customers and State Commissions [Docket No. RP96±291±004] decimal point (which changes the where CIG provides transportation Maximum Rate on Sheet No. 6), and the services. Mid Louisiana Gas Company; Notice of addition of descriptive notes: Any person desiring to be heard or to Tariff Filing protest said filing should file a motion Substitute Eighteenth Revised Sheet No. 5 to intervene or a protest with the October 10, 1996. Substitute Eighteenth Revised Sheet No. 6 Federal Energy Regulatory Commission, Take notice that on October 7, 1996, Substitute Fifteenth Revised Sheet No. 7 888 First Street, NE, Washington, DC Mid Louisiana Gas Company (MIDLA) In all other respects, MRT states that 20426, in accordance with Sections tendered for filing to be included in its this filing makes no other changes to the 385.211 and 385.214 of the FERC Gas Tariff, Third Revised Volume September 30, 1996 filing by MRT to its Commission’s Rules of Practice and No. 1, the following tariff sheets, with proposed Gas Supply Realignment Procedure (18 CFR 385.214 or 385.211). an effective date of September 1, 1996. Costs. Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54181

MRT states that a copy of its filing has Federal Energy Regulatory Commission, [Docket No. EL95±18±000] been served on all its customers and the 888 First Street, N.E., Washington, D.C. State Commissions of Arkansas, 20426, in accordance with 18 CFR Northeast Utilities Service Company; Notice of Filing Missouri and Illinois. 385.211 of the Commission’s Rules and Any person desiring to protest this Regulations. All such protests must be October 10, 1996. filing should file a protest with the filed as provided in Section 154.210 of Take notice that on September 26, Federal Energy Regulatory Commission, the Commission’s Regulations. Protests 1996, Northeast Utilities Service 888 First Street, N.E., Washington, D.C. will be considered by the Commission 20426, in accordance with 18 CFR Company tendered for filing an in determining the appropriate action to 385.211 of the Commission’s Rules and amendment to its December 23, 1994, be taken, but will not serve to make Regulations. All such protests must be filing filed in the above-referenced filed as provided in Section 154.210 of protestants parties to the proceeding. docket. the Commission’s Regulations. Protests Copies of this filing are on file with the Any person desiring to be heard or to will be considered by the Commission Commission and are available for public protest said filing should file a motion in determining the appropriate action to inspection in the Public Reference to intervene or protest with the Federal be taken, but will not serve to make Room. Energy Regulatory Commission, 888 protestants parties to the proceeding. Lois D. Cashell, First Street, N.E., Washington, D.C. 20426, in accordance with Rules 211 Copies of this filing are on file with the Secretary. and 214 of the Commission’s Rules of Commission and are available for public [FR Doc. 96–26556 Filed 10–16–96; 8:45 am] inspection in the Public Reference Practice and Procedure (18 CFR 385.211 BILLING CODE 6717±01±M Room. and 18 CFR 385.214). All such motions Lois D. Cashell, or protests should be filed on or before October 21, 1996. Protests will be Secretary. [Docket Nos. RP97±1±001 and RM96±1±000] considered by the Commission in [FR Doc. 96–26550 Filed 10–16–96; 8:45 am] determining the appropriate action to be BILLING CODE 6717±01±M National Fuel Gas Supply Corporation; taken, but will not serve to make Standards for Business Practices of protestants parties to be proceeding. [Docket No. TM97±2±25±001] Interstate Natural Gas Pipelines; Any person wishing to become a party Notice of Compliance Filing must file a motion to intervene. Copies Mississippi River Transmission of this filing are on file with the Corporation; Notice of Proposed October 10, 1996. Commission and are available for public Changes in FERC Gas Tariff Take notice that on October 2, 1996, inspection. October 10, 1996. National Fuel Gas Supply Corporation Lois D. Cashell, Take notice that on October 7, 1996, (National Fuel) submitted corrected pro Secretary. Mississippi River Transmission forma tariff sheets to its FERC Gas [FR Doc. 96–26536 Filed 10–16–96; 8:45 am] Corporation (MRT) tendered for filing to Tariff, Third Revised Volume No. 1, to BILLING CODE 6717±01±M become part of its FERC Gas Tariff, be effective April 1, 1997. Third, Revised Volume No. 1, the National Fuel states that this filing following Tariff sheets with a proposed corrects minor numbering and [Docket No. CP97±3±000] effective date on November 1, 1996: typographic errors in its October 1, Northern States Power Company Twentieth Revised Sheet No. 5 1996, compliance filing, made in (Wisconsin), and Wisconsin Electric Twentieth Revised Sheet No. 6 compliance with Order No. 587, Power Company; Notice of Application Seventeenth Revised Sheet No. 7 Standards for Business Practices of Substitute Seventh Revised Sheet No. 8 Interstate Natural Gas Pipelines in October 10, 1996. MRT states that the purpose of this Docket No. RM96–1. Take notice that on October 1, 1996, filing is to replace the tariff sheets, Northern States Power Company, a Any person desiring to protest said listed below, that were filed on October Wisconsin corporation (NSP–W), filing should file a protest with the 1, 1996 due to mispagination, the located at P.O. Box 8, Eau Claire, WI misplacement of a decimal place (which Federal Energy Regulatory Commission, 54702, and Wisconsin Electric Power changes the Maximum Rate on Sheet 888 First Street, N.E., Washington, D.C. Company (WEPCo), located at 231 W. No. 6), and the addition of descriptive 20426, in accordance with Section Michigan Avenue, Milwaukee, WI notes: 385.211 of the Commission’s Rules and 53201–2046, together referred to as Regulations. All such protests must be Nineteenth Revised Sheet No. 5 Applications, filed an abbreviated Nineteenth Revised Sheet No. 6 filed as provided in Section 154.210 of application pursuant to Sections 7 (b), Sixteenth Revised Sheet No. 7 the Commission’s Regulations. Protests (c), and (e) of the Natural Gas Act Seventh Revised Sheet No. 8 will be considered by the Commission requesting: (1) Authorization for NSP–W In all other respects, MRT states that in determining the appropriate action to to abandon its Eau Claire, Wisconsin this filing makes no other changes to the be taken, but will not serve to make liquefied natural gas (LNG) facility and October 1, 1996 filing by MRT to adjust protestants parties to the proceeding. the certificated interstate LNG services the Fuel Use and Loss Percentages Copies of this filing are on file with the provided at the facility; (2) issuance to under MRT’s Rate Schedules FTS, SCT, Commission and are available for public NSP–W of a blanket certificate under ITS, FSS, and ISS. inspection in the Public Reference Section 284.224 of the Federal Energy MRT states that a copy of its filing has Room. Regulatory Commission’s Regulations; been served on all its customers and the Lois D. Cashell, and (3) pre-authorization of the transfer of NSP–W’s Section 284.224 blanket State Commissions of Arkansas, Secretary. Missouri and Illinois. certificate to its corporate successor, Any person desiring to protest this [FR Doc. 96–26551 Filed 10–16–96; 8:45 am] WEPCo, all as more fully set forth in the filing should file a protest with the BILLING CODE 6717±01±M application which is on file with the 54182 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

Commission and open to public [Docket No. CP97±4±000] in accordance with the Commission’s inspection. Rules. NSP–W intends to merge with and Northern States Power Company Take further notice that, pursuant to into WEPCo, with WEPCo as the (Minnesota), and Northern Power the authority contained in and subject to surviving company. The Eau Claire LNG Wisconsin Corporation; Notice of jurisdiction conferred upon the Federal facility will be transferred to WEPCo Application Energy Regulatory Commission by through the merger. Applicants are October 10, 1996. Sections 7 and 15 of the Natural Gas Act requesting blanket authority to operate and the Commission’s Rules of Practice the Eau Claire LNG facility as a Take notice that on October 1, 1996, and Procedure, a hearing will be held Hinshaw facility; however, WEPCo is Northern States Power Company, a without further notice before the willing to accept Part 157 authorization Minnesota corporation (NSP–M), and Commission or its designee on this to own and operate the Eau Claire LNG Northern Power Wisconsin Corporation application if no motion to intervene is facility, if the Commission determines (New NSP), together referred to as filed within the time required herein, if that such authorization is necessary. Applicants, both located at 414 Nicollet the Commission on its own review of Authorization for the proposed merger Mall, Minneapolis, MN 55401, filed an the matter finds that a grant of the of NSP–W and WEPCo is pending before abbreviated application pursuant to certificate is required by the public the Commission in Docket No. EC95– Sections 7 (b), (c), and (e) of the Natural convenience and necessity. If a motion 16–000. Gas Act requesting: (1) authorization for for leave to intervene is timely filed, or Any person desiring to be heard or to NSP–M to abandon its Wescott the Commission on its own motion make any protest with reference to said liquefield natural gas (LNG) facility and believes that a formal hearing is application should on or before October the certificated interstate LNG services required, further notice of such hearing 31, 1996, file with the Federal Energy provided at the facility; (2) issuance to will be duly given. Regulatory Commission, 888 First NSP–M of a blanket certificate under Under the procedure herein provided Street, N.E., Washington, D.C. 20426, a Section 284.224 of the Federal Energy for, unless otherwise advised, it will be motion to intervene or a protest in Regulatory Commission’s Regulations; unnecessary for Applicants to appear or accordance with the requirements of the and (3) pre-authorization of the transfer be represented at the hearing. Commission’s Rules of Practice and of NSP–M’s Section 284.224 blanket Lois D. Cashell, certificate to its corporate successor, Procedure (18 CFR 385.214 or 385.211) Secretary. New NSP, all as more fully set forth in and the Regulations under the Natural [FR Doc. 96–26543 Filed 10–16–96; 8:45 am] Gas Act (18 CFR 157.10). All protests the application which is on file with the BILLING CODE 6717±01±M filed with the Commission will be Commission and open to public considered by it in determining the inspection. appropriate action to be taken but will NSP–M intends to merge with and [Docket No. CP96±805±001] not service to make the protestants into New NSP, with New NSP as the parties to the proceeding. Any person surviving company. The Wescott LNG Northwest Pipeline Corporation; Notice wishing to become a party to a facility will be transferred to New NSP of Amendment to a Request Under proceeding or to participate as a party through the merger. Applicants are Blanket Authorization in any hearing therein must file a requesting blanket authority to operate October 10, 1996. motion to intervene in accordance with the Wescott LNG facility as a Hinshaw Take notice that on October 4, 1996, the Commission’s Rules. facility; however, New NSP is willing to Northwest Pipeline Corporation Take further notice that, pursuant to accept Part 157 authorization to own (Northwest), 295 Chipeta Way, Salt Lake the authority contained in and subject to and operate the Wescott LNG facility, if City, Utah 84158, filed an amendment to jurisdiction conferred upon the Federal the Commission determines that such its September 20, 1996, prior notice Energy Regulatory Commission by authorization is necessary. request with the Commission in Docket Sections 7 and 15 of the Natural Gas Act Authorization for the proposed merger No. CP96–805–000 pursuant to Section and the Commission’s Rules of Practice of NSP–M and New NSP is pending 157.205 of the Commission’s and Procedure, a hearing will be held before the Commission in Docket No. Regulations under the Natural Gas Act without further notice before the EC95–16–000. (NGA) for authorization to partially Commission or its designee on this Any person desiring to be heard or to abandon certain undersized facilities application if no motion to intervene is make any protest with reference to said and to construct and operate filed within the time required herein, if application should on or before October replacement facilities at the Twin Falls the Commission on its own review of 31, 1996, file with the Federal Energy meter station in Twin Falls County, the matter finds that a grant of the Regulatory Commission, 888 First St., Idaho, under Northwest’s blanket certificate is required by the public N.E., Washington, D.C. 20426, a motion certificate issued in Docket No. CP82– convenience and necessity. If a motion to intervene or a protest in accordance 433–000 pursuant to Section 7 of the for leave to intervene is timely filed, or with the requirements of the NGA, all as more fully set forth in the if the Commission on its own motion Commission’s Rules of Practice and request which is open to the public for believes that a formal hearing is Procedure (18 CFR 385.214 or 385.211) inspection. required, further notice of such hearing and the Regulations under the Natural Northwest originally proposed in will be duly given. Gas Act (18 CFR 157.10). All protests Docket No. CP96–805–000 to (1) remove Under the procedure herein provided filed with the Commission will be approximately 150 feet of 4-inch inlet for, unless otherwise advised, it will be considered by it in determining the piping, one 750,000 Btu per hour heater, unnecessary for Applicants to appear or appropriate action to be taken but will one 4-inch filter, and four 4-inch be represented at the hearing. not serve to make the protestants parties regulators and appurtenances, and (2) Lois D. Cashell, to the proceeding. Any person wishing install as replacement facilities Secretary. to become a party to a proceeding or to approximately 150 feet of 6-inch inlet [FR Doc. 96–26542 Filed 10–16–96; 8:45 am] participate as a party in any hearing piping, one 1.5 MMBtu per hour heater, BILLING CODE 6717±01±M therein must file a motion to intervene one 6-inch filter and four 4-inch control Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54183 valve type regulators and appurtenances [Docket No. GT±97±3±000] SIPI states that the above tariff sheet at the Twin Falls meter station. reflects the new ACA unit surcharge rate Northwest stated that these upgrades Northwest Pipeline Corporation; Notice of $.0020 per Mcf which is equivalent of Proposed Changes in FERC Gas would enable northwest to to $.0020 per MMBtu on SIPI’s system. Tariff accommodate existing firm maximum As the new ACA rate is a decrease, SIPI daily delivery obligations to October 10, 1996. has sought a waiver to allow the Intermountain Gas Company Take notice that on October 7, 1996, collection of the new rate effective 1 (Intermountain) and its affiliate IGI Northwest Pipeline Corporation October 1996. Resources, Inc. (IGI) and to (Northwest) tendered for filing as part of Any person desiring to be heard or to accommodate Intermountain’s request its FERC Gas Tariff, Original Volume protest said filing should file a motion for additional delivery capacity and No. 2, the following tariff sheets, to to intervene or protest with the Federal delivery pressure under existing firm become effective November 7, 1996: Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. service agreements. Northwest also Original Sheet No. 1243–A 20426, in accordance with Rules 211 stated that the maximum design First Revised Sheet Nos. 1254, 1255, 1256 and 214 of the Commission’s Rules of capacity of the Twin Falls meter station and 1257 Practice and Procedure (18 CFR 385.211 would increase from approximately Second Revised Sheet Nos. 1187, 1188, 1189, and 385.214). All such motions or 18,400 Dth per day at 365 psig to 1192, 1194, 1242, 1243, and 1253 protests must be filed as provided in approximately 31,000 Dth per day at Third Revised Sheet Nos. 1190, 1191 and Section 154.210 of the Commission’s 365 psig or 40,870 Dth per day at 500 1192 Regulations. Protests will be considered Fourth Revised Sheet Nos. 1193 and 1224 psig. Northwest estimated that it would by the Commission in determining the cost $234,900 to upgrade the Twin Falls Sixth Revised Sheet No. 1186 Seventh Revised Sheet No. 1186 appropriate action to be taken, but will meter station. not serve to make protestants parties to Northwest states that the purpose of Northwest now proposes to install the proceeding. Any person wishing to this filing is to revise Rate Schedule X– three 4-inch control valve type become a party must file a motion to 82 to reflect certain changes to various regulators and appurtenances, instead of intervene. Copies of this filing are on agreements related to gas storage at file with the Commission and are the four originally proposed, at the Jackson Prairie. Twin Falls meter station. Northwest available for public inspection. Any person desiring to be heard or Lois D. Cashell, states that it would be prudent to protest this filing should file a motion Secretary. replace only three of the existing 4-inch to intervene or protest with the Federal regulators for operational flexibility and Energy Regulatory Commission, 888 [FR Doc. 96–26554 Filed 10–16–96; 8:45 am] to accurately regulate the low flow of First Street, N.E., Washington, DC BILLING CODE 6717±01±M natural gas through the Twin Falls 20426, in accordance with Sections meter station during the summer 385.214 and 385.211 of the [Docket No. RP96±345±001] months. Northwest states that all other Commission’s Rules and Regulations. pertinent information, including design All such motions or protests must be Tennessee Gas Pipeline Company; capacities of the project, as stated in filed as provided in Section 154.210 of Notice of Compliance Filing Northwest’s prior notice request the Commission’s Regulations. Protests originally filed in Docket No. CP96– will be considered by the Commission October 10, 1996. 805–000 remain accurate as previously in determining the appropriate action to Take notice that on October 7, 1996, filed. be taken, but will not serve to make Tennessee Gas Pipeline Company protestants parties to the proceeding. (Tennessee), tendered for filing as part Any person or the Commission’s staff Any person wishing to become a party of its FERC Gas Tariff, Fifth Revised may, within 45 days after the must file a motion to intervene. Copies Volume No. 1, the following tariff sheets Commission has issued this notice, file of this filing are on file with the to be effective September 23, 1996: pursuant to Rule 214 of the Commission and are available for public Commission’s Procedural Rules (18 CFR Substitute Third Revised Sheet No. 319 inspection in the Public Reference Substitute Third Revised Sheet No. 319A 385.214) a motion to intervene or notice Room. Tennessee states that it is filing the of intervention and pursuant to Section Lois D. Cashell, 157.205 of the Regulations under the subject tariff sheets in compliance with Secretary. NGA (18 CFR 157.205) a protest to the the September 20, 1996 order of the [FR Doc. 96–26545 Filed 10–16–96; 8:45 am] request. If no protest if filed within the Commission’s in this docket. Tennessee allowed time, the proposed activity BILLING CODE 6717±01±M states that the filing reflects the shall be deemed to be authorized inclusion of the following clarifications effective the day after the time allowed to the unscheduled flow provision: (1) that a penalty applies to unscheduled for filing a protest. If a protest is filed [Docket No. TM97±1±115±000] flow at delivery points, equivalent to the and not withdrawn within 30 days after Sumas International Pipeline Inc.; penalty at receipt points, as well as a gas the time allowed for filing a protest, the Notice of Tariff Filing purchase obligation; (2) that a penalty instant request shall be treated as an applies when gas flows at a receipt or application for authorization pursuant October 10, 1996. delivery point at which no nomination to Section 7 of the NGA. Take notice that on October 7, 1996, has been made for the flow or where Lois D. Cashell, Sumas International Pipeline Inc. (SIPI), Tennessee has scheduled no Secretary. tendered for filing as part of its FERC nomination(s) for such flow at all; and Gas Tariff, Original Volume No. 2, the [FR Doc. 96–26541 Filed 10–16–96; 8:45 am] (3) that a responsible party is the following tariff sheet, with a proposed BILLING CODE 6717±01±M Balancing Party where the receipt or effective date of October 1, 1996: delivery point is covered by a Balancing Sixth Revised Sheet No. 4 Agreement, or the point operator where 54184 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices the receipt or delivery point is not Wisconsin Electric requests a service [Docket No. ER96±3138±000, et al.] covered by a Balancing Agreement. area determination consisting of the Tennessee states that copies of the towns of Boulder Junction, Conorver, Florida Power & Light Company, et al.; filing have been mailed to all Lac du Flambeau, Land O’Lakes, Electric Rate and Corporate Regulation participants in the proceeding and to all Manitowish Waters, Phelps, Plum Lake, Filings affected customers and state regulatory Presque Isle, St. Germain, and October 9, 1996. commissions. Winchester in Vilas County, Wisconsin Any person desiring to protest this and Mercer in Iron County, Wisconsin Take notice that the following filings filing should file a protest with the and the right of way for a line from the have been made with the Commission: Federal Energy Regulatory Commission, Great Lakes Gas Transmission Limited 888 First Street, N.E., Washington, D.C. 1. Florida Power & Light Company Partnership pipeline in the town of 20426, in accordance with Section Watersmeet, Michigan, to the [Docket No. ER96–3138–000] 385.211 of the Commission’s Rules and Regulations. All such protests must be Wisconsin-Michigan border at Land Take notice that on September 30, filed as provided in Section 154.210 of O’Lakes. 1996, Florida Power & Light Company the Commission’s Regulations. Protests Any person desiring to be heard or to (FPL), tendered for filing a proposed will be considered by the Commission make any protest with reference to said notice of cancellation of an umbrella in determining the appropriate action to application should on or before October service agreement with Federal Energy be taken, but will not serve to make 31, 1996, file with the Federal Energy Sales, Inc. for Firm Short-Term protestants parties to this proceeding. Regulatory Commission, Washington, transmission service under FPL’s Open Copies of this filing are on file with the DC 20426, a motion to intervene or a Access Transmission Tariff. Commission and are available for public protest in accordance with the FPL requests that the proposed inspection in the Public Reference requirements of the Commission’s Rules cancellation be permitted to become Room. of Practice and Procedure (18 CFR effective on August 31, 1996. Lois D. Cashell, 385.211 or 385.214) and the regulations FPL states that this filing is in Secretary. under the Natural Gas Act (18 CFR accordance with Part 35 of the [FR Doc. 96–26549 Filed 10–16–96; 8:45 am] 157.10). All Protests filed with the Commission’s Regulations. BILLING CODE 6717±01±M Commission will be considered by it in Comment date: October 23, 1996, in determining the appropriate action to be accordance with Standard Paragraph E taken but will not serve to make the [Docket No. CP97±8±000] at the end of this notice. protestants parties to the proceeding. Wisconsin Electric Power Company; Any person wishing to become a party 2. New York State Electric & Gas Notice of Application for Service Area to a proceeding or to participate as a Corporation Determination party in any hearing therein must file a [Docket No. ER96–3139–000] motion to intervene in accordance with October 10, 1996. the Commission’s Rules. Take notice that on September 30, Take notice that on October 2, 1996, Take further notice that, pursuant to 1996, New York State Electric & Gas Wisconsin Electric Power Company Corporation (NYSEG), tendered for (Wisconsin Electric), 231 West Michigan the authority contained in and subject to jurisdiction conferred upon the filing pursuant to § 35.12 of the Federal Street, P.O. Box 2046, Milwaukee, Energy Regulatory Commission’s Rules Commission by Sections 7 and 15 of the Wisconsin 53201–2046 filed an of Practice and Procedure, 18 CFR Natural Gas Act and the Commission’s application pursuant to Section 7(f) of 35.12, as an initial rate schedule, an the Natural Gas Act (NGA), requesting a Rules of Practice and Procedure, a agreement with Vastar Power Marketing, determination of a service area within hearing will be held without further Inc. (Vastar). The agreement provides a which Wisconsin Electric may, without notice before the Commission or its mechanism pursuant to which the further Commission authorization, designee on this application if no parties can enter into separately enlarge or expand its facilities. motion to intervene is filed within the scheduled transactions under which Wisconsin Electric also requests: (a) a time required herein, if the Commission NYSEG will sell to Vastar and Vastar finding that Wisconsin Electric qualifies on its own review of the matter finds will purchase from NYSEG either as a local distribution company (LDC) that a grant of the certificate is required capacity and associated energy or for purposes of Section 311 of the by the public convenience and energy only as the parties may mutually Natural Gas Policy Act of 1978 (NGPA); necessity. If motion for leave to agree. (b) a waiver of the Commission’s intervene is timely filed or if the regulatory requirements, including Commission on its own motion believes NYSEG requests that the agreement reporting and accounting requirements that a formal hearing is required, further become effective on October 1, 1996, so ordinarily applicable to natural gas notice of such hearing will be duly that the parties may, if mutually companies under the NGA and NGPA; given. agreeable, enter into separately and (c) such further relief as the scheduled transactions under the Commission may deem appropriate, all Under the procedure herein provided agreement. NYSEG has requested waiver as more fully described in the for, unless otherwise advised, it will be of the notice requirements for good application which is on file with the unnecessary for Wisconsin Electric to cause shown. Commission and open to public appear or be represented at the hearing. NYSEG served copies of the filing inspection. Lois D. Cashell, Wisconsin Electric states that it is a upon the New York State Public Service Secretary. Commission and Vastar. public utility engaged in, among other [FR Doc. 96–26544 Filed 10–16–96; 8:45 am] things, the business of distributing Comment date: October 23, 1996, in natural gas to customers for residential, BILLING CODE 6717±01±M accordance with Standard Paragraph E commercial, and industrial use. at the end of this notice. Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54185

3. Central Hudson Gas & Electric accepted by the Commission in Docket requests an effective date of October 1, Corporation No. ER94–1662. CHG&E also has 1996. Comment date: October 23, 1996, in [Docket No. ER96–3140–000] requested waiver of the 60-day notice provision pursuant to 18 CFR 35.11. accordance with Standard Paragraph E Take notice that on September 30, A copy of this filing has been served at the end of this notice. 1996, Central Hudson Gas & Electric on the Public Service Commission of the Corporation (CHG&E), tendered for 9. West Penn Power Company State of New York. filing pursuant to § 35.12 of the Federal Comment date: October 23, 1996, in [Docket No. ER96–3146–000] Energy Regulatory Commission’s accordance with Standard Paragraph E Take notice that on September 30, (Commission) Regulations in 18 CFR, a at the end of this notice. 1996, West Penn Power Company, filed Service Agreement between CHG&E and a Supplement No. 8 for proposed Williams Energy Services Company. 6. Central Hudson Gas & Electric changes in its FERC Electric Tariff. The The terms and conditions of service Corporation Pennsylvania Public Utility Commission under this Agreement are made [Docket No. ER96–3143–000] has allowed West Penn to recover from pursuant to CHG&E’s FERC Electric Rate Take notice that on September 30, its state jurisdictional customers the Schedule, Original Volume 1 (Power cost of West Penn’s buy-out of a Sales Tariff) accepted by the 1996, Central Hudson Gas & Electric Corporation (CHG&E), tendered for proposed coal-fired cogeneration facility Commission in Docket No. ER94–1662. and it has required West Penn to file a CHG&E also has requested waiver of the filing pursuant to § 35.12 of the Federal Energy Regulatory Commission’s request with FERC to recover a total of 60-day notice provision pursuant to 18 approximately $930,000 of the amount CFR 35.11. (Commission) Regulations in 18 CFR, a Service Agreement between CHG&E and from West Penn’s FERC jurisdictional A copy of this filing has been served customers, which will be flowed on the Public Service Commission of the The Power Company of America, L.P. The terms and conditions of service through to the benefit of the state State of New York. jurisdictional customers. Comment date: October 23, 1996, in under this Agreement are made pursuant to CHG&E’s FERC Electric Rate Copies of the filing have been accordance with Standard Paragraph E provided to the Pennsylvania Public at the end of this notice. Schedule, Original Volume 1 (Power Sales Tariff) accepted by the Utility Commission and all parties of record. 4. Central Hudson Gas & Electric Commission in Docket No. ER94–1662. Comment date: October 23, 1996, in Corporation CHG&E also has requested waiver of the accordance with Standard Paragraph E [Docket No. ER96–3141–000] 60-day notice provision pursuant to 18 at the end of this notice. Take notice that on September 30, CFR 35.11. 1996, Central Hudson Gas & Electric A copy of this filing has been served 10. Duke Power Company Corporation (CHG&E), tendered for on the Public Service Commission of the [Docket No. ER96–3147–000] filing pursuant to § 35.12 of the Federal State of New York. Take notice that on September 30, Energy Regulatory Commission’s Comment date: October 23, 1996, in 1996, Duke Power Company (Duke), (Commission) Regulations in 18 CFR, a accordance with Standard Paragraph E tendered for filing a Market Rate Service Service Agreement between CHG&E and at the end of this notice. Agreement between Duke and Southern PacifiCorp Power Marketing, Inc. The 7. Northeast Utilities Service Company Company Services, Inc. (Southern terms and conditions of service under Company). Duke requests that the [Docket No. ER96–3144–000] this Agreement are made pursuant to Agreement be made effective as of CHG&E’s FERC Electric Rate Schedule, Take notice that on September 30, September 20, 1996. Original Volume 1 (Power Sales Tariff) 1996, Northeast Utilities Service Comment date: October 23, 1996, in accepted by the Commission in Docket Company (NUSCO), tendered for filing accordance with Standard Paragraph E No. ER94–1662. CHG&E also has a First Amendment to the Unit at the end of this notice. requested waiver of the 60-day notice Exchange Agreement between NUSCO, 11. Duke Power Company provision pursuant to 18 CFR 35.11. on behalf of The Connecticut Light and A copy of this filing has been served Power Company and Western [Docket No. ER96–3148–000] on the Public Service Commission of the Massachusetts Electric Company, and Take notice that on September 30, State of New York. Boston Edison Company. 1996, Duke Power Company (Duke), Comment date: October 23, 1996, in NUSCO states that a copy of this filing tendered for filing a Market Rate Service accordance with Standard Paragraph E has been mailed to Boston Edison Agreement between Duke and at the end of this notice. Company. PanEnergy Power Services, Inc. NUSCO requests that this First (PanEnergy). Duke requests that the 5. Central Hudson Gas & Electric Amendment become effective on Corporation Agreement be made effective as of November 1, 1996. September 10, 1996. [Docket No. ER96–3142–000] Comment date: October 23, 1996, in Comment date: October 23, 1996, in Take notice that on September 30, accordance with Standard Paragraph E accordance with Standard Paragraph E 1996, Central Hudson Gas & Electric at the end of this notice. at the end of this notice. Corporation (CHG&E), tendered for 8. Idaho Power Company 12. Duke Power Company filing pursuant to § 35.12 of the Federal Energy Regulatory Commission’s [Docket No. ER96–3145–000] [Docket No. ER96–3149–000] (Commission) Regulations in 18 CFR, a Take notice that on September 30, Take notice that on September 30, Service Agreement between CHG&E and 1996, Idaho Power Company filed a 1996, Duke Power Company (Duke), Sonat Power Marketing L.P. The terms letter agreement amending the tendered for filing a Market Rate Service and conditions of service under this Agreement for the Sale and Purchase of Agreement between Duke and Enron Agreement are made pursuant to Firm Energy between Idaho Power Power Marketing, Inc. (Enron). Duke CHG&E’s FERC Electric Rate Schedule, Company and Oregon Trail Electric requests that the Agreement be made Original Volume 1 (Power Sales Tariff) Consumers Cooperative. Idaho Power effective as of September 9, 1996. 54186 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

Comment date: October 23, 1996, in requests that the Agreement be made 20. Northwestern Public Service accordance with Standard Paragraph E effective as of September 12, 1996. Company at the end of this notice. Comment date: October 23, 1996, in [Docket No. ES97–1–000] 13. Atlantic City Electric Company accordance with Standard Paragraph E Take notice that on October 4, 1996, at the end of this notice. [Docket No. ER96–3150–000] Northwestern Public Service Company (Northwestern) filed an application, 17. Duke Power Company Take notice that on September 30, under § 204 of the Federal Power Act, 1996, Atlantic City Electric Company [Docket No. ER96–3154–000] seeking authorization to issue warrants (ACE), tendered for filing an executed to purchase 725,000 shares of Take notice that on September 30, service agreement under which ACE Northwestern’s Common Stock, par will provide capacity and energy to 1996, Duke Power Company (Duke), value $3.5 per share. Northwestern also TransCanada Power Corp. tendered for filing a Transmission requests an exemption from the (TransCanada), Williams Energy Service Agreement between Duke, on its Commission’s competitive bidding and Services Co. (Williams) and Vineland own behalf and acting as agent for its negotiated placement requirements. Municipal Electric Utility (Vineland) in wholly-owned subsidiary, Nantahala Northwestern plans to issue the accordance with the ACE wholesale Power and Light Company, and Aquila warrants as part of the consideration for power sales tariff. Power Corporation (Aquila). Duke states the purchase of propane distribution ACE states that a copy of the filing has that the TSA sets out the transmission systems. been served on TransCanada, Williams arrangements under which Duke will Comment date: November 1, 1996, in and Vineland. provide Aquila non-firm point-to-point accordance with Standard Paragraph E Comment date: October 23, 1996, in transmission service under Duke’s Pro at the end of this notice. accordance with Standard Paragraph E Forma Open Access Transmission Standard Paragraph at the end of this notice. Tariff. Duke requests that the Agreement E. Any person desiring to be heard or 14. Great Bay Power Corporation be made effective as of September 5, 1996. to protest said filing should file a [Docket No. ER96–3151–000] motion to intervene or protest with the Comment date: October 23, 1996, in Take notice that on September 30, Federal Energy Regulatory Commission, accordance with Standard Paragraph E 1996, Great Bay Power Corporation 888 First Street, N.E., Washington, D.C. at the end of this notice. (Great Bay), tendered for filing a service 20426, in accordance with Rules 211 agreement between Connecticut 18. South Carolina Electric & Gas and 214 of the Commission’s Rules of Municipal Electric Energy Cooperative Company Practice and Procedure (18 CFR 385.211 and Great Bay for service under Great and 18 CFR 385.214). All such motions Bay’s revised Tariff for Short Term [Docket No. ER96–3155–000] or protests should be filed on or before Sales. Great Bay’s revised Tariff for Take notice that on September 30, the comment date. Protests will be Short Term Sales was accepted for filing 1996, South Carolina Electric & Gas considered by the Commission in by the Commission on May 17, 1996, in Company (SCE&G), submitted a service determining the appropriate action to be Docket No. ER96–726–000. The service agreement, dated September 24, 1996, taken, but will not serve to make agreement is proposed to be effective establishing Industrial Energy protestants parties to the proceeding. September 24, 1996. Applications, Inc. (IEA) as a customer Any person wishing to become a party Comment date: October 23, 1996, in under the terms of SCE&G’s Open must file a motion to intervene. Copies accordance with Standard Paragraph E Access Transmission Tariff. of this filing are on file with the at the end of this notice. Commission and are available for public SCE&G requests an effective date of inspection. 15. The Washington Water Power one-day subsequent to the filing of the Lois D. Cashell, Company service agreement. Accordingly, SCE&G Secretary. requests waiver of the Commission’s [Docket No. ER96–3152–000] [FR Doc. 96–26539 Filed 10–16–96; 8:45 am] notice requirements. Copies of this Take notice that on September 30, BILLING CODE 6717±01±P 1996, The Washington Water Power filing were served upon IEA and the Company (WWP), tendered for filing South Carolina Public Service with the Federal Energy Regulatory Commission. Notice of Transfer of License Commission pursuant to 18 CFR 35.12, Comment date: October 23, 1996, in a Construction Agreement between accordance with Standard Paragraph E October 10, 1996. WWP and the Bonneville Power at the end of this notice. Take notice that the following Administration. WWP requests an hydroelectric application has been filed effective date of December 1, 1996. A 19. Louisville Gas and Electric with the Commission and is available copy of this filing has been served upon Company for public inspection: a. Type of Application: Transfer of Bonneville. [Docket No. ER96–3156–000] Comment date: October 23, 1996, in License. Take notice that on September 30, b. Project No: 2585–001. accordance with Standard Paragraph E c. Date Filed: October 1, 1996. at the end of this notice. 1996, Louisville Gas and Electric Company, tendered for filing copies of d. Applicant: Duke Power Company, 16. Duke Power Company a service agreement between Louisville Northbrook Carolina Hydro, L.L.C. e. Name of Project: Idols Gas and Electric Company and El Paso [Docket No. ER96–3153–000] Hydroelectric Project. Take notice that on September 30, Energy Marketing Company under Rate f. Location: On the Yadkin River in 1996, Duke Power Company (Duke), GSS. Forsyth County, North Carolina, near tendered for filing a Market Rate Service Comment date: October 23, 1996, in the City of Winston-Salem. Agreement between Duke and Carolina accordance with Standard Paragraph E g. Filed Pursuant to: Federal Power Power & Light Company (CP&L). Duke at the end of this notice. Act, 16 U.S.C. § 791(a)–825(r). Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54187

h. Applicant Contacts: specified for filing comments, it will be C2. Filing and Service of Responsive Timothy L. Huffman, Senior Engineer, presumed to have no comments. One Documents—Any filings must bear in Duke Power Company—EC12V, P.O. copy of an agency’s comments must also all capital letters the title Box 1006, Charlotte, NC 28201–1006, be sent to the Applicant’s ‘‘COMMENTS,’’ (704) 382–5185. representatives. ‘‘RECOMMENDATIONS FOR TERMS Mark Sundquist, President, Northbrook Lois D. Cashell, AND CONDITIONS,’’ ‘‘NOTICE OF Carolina Hydro, L.L.C., 225 W. Secretary. INTENT TO FILE COMPETING Wacker Driver, Suite 2330, Chicago, [FR Doc. 96–26546 Filed 10–16–96; 8:45 am] APPLICATION,’’ ‘‘COMPETING APPLICATION,’’ ‘‘PROTEST,’’ or IL 60606, (312) 553–2136. BILLING CODE 6717±01±M i. FERC Contact: David W. Cagnon, ‘‘MOTION TO INTERVENE,’’ as (202) 219–2693. applicable, and the Project Number of j. Comment Date: November 6, 1996. Notice of Transfer of License the particular application to which the k. Description of Transfer: The filing refers. Any of these documents Transfer of License is being sought in October 10, 1996. must be filed by providing the original connection with the acquisition of the Take notice that the following and the number of copies provided by project by Northbrook Carolina Hydro, hydroelectric application has been filed the Commission’s regulations to: The L.L.C. from Duke Power Company. with the Commission and is available Secretary, Federal Energy Regulatory l. This notice also consists of the for public inspection: Commission, 888 First Street, N.E., following standard paragraphs: B, C2, a. Type of Application: Transfer of Washington, D.C. 20426. A copy of a and D2. License. notice of intent, competing application, B. Comments, Protests, or Motions to b. Project No.: 2607–006. or motion to intervene must also be Intervene—Anyone may submit c. Date Filed: October 1, 1996. served upon each representative of the comments, a protest, or a motion to d. Applicant: Duke Power Company, Applicant specified in the particular intervene in accordance with the Northbrook Carolina Hydro, L.L.C. application. requirements of Rules of Practice and e. Name of Project: Spencer Mountain D2. Agency Comments—Federal, Procedure, 18 CFR 385.210, .211, .214. Hydroelectric Project. state, and local agencies are invited to In determining the appropriate action to f. Location: On the South Fork file comments on the described take, the Commission will consider all Catawba River, in Gaston County, North application. A copy of the application protests or other comments filed, but Carolina, near the Town of Gastonia. may be obtained by agencies directly only those who file a motion to g. Filed Pursuant to: Federal Power from the Applicant. If an agency does intervene in accordance with the Act, 16 U.S.C. § 791(a)–825(r). not file comments within the time Commission’s Rules may become a h. Applicant Contacts: specified for filing comments, it will be party to the proceeding. Any comments, Timothy L. Huffman, Senior Engineer, presumed to have no comments. One protests, or motions to intervene must Duke Power Company—EC12V, P.O. copy of an agency’s comments must also be received on or before the specified Box 10065, Charlotte, NC 28201– be sent to the Applicant’s comment date for the particular 1006, (704) 382–5185. representatives. application. Mark Sundquist, President, Northbrook Lois D. Cashell, C2. Filing and Service of Responsive Carolina Hydro, L.L.C., 225 W. Secretary. Documents—Any filings must bear in Wacker Drive, Suite 2330, Chicago, IL [FR Doc. 96–26547 Filed 10–16–96; 8:45 am] all capital letters the title 60606, (312) 553–2136. BILLING CODE 6717±01±M ‘‘COMMENTS,’’ i. FERC Contact: David W. Cagnon, ‘‘RECOMMENDATIONS FOR TERMS (202) 219–2693. [Docket No. CP96±255±001, et al.] AND CONDITIONS,’’ ‘‘NOTICE OF j. Comment Date: November 6, 1996. INTENT TO FILE COMPETING k. Description of Transfer: The Trunkline LNG Company, et al.; Natural APPLICATION,’’ ‘‘COMPETING Transfer of License is being sought in Gas Certificate Filings APPLICATION,’’ ‘‘PROTEST,’’ or connection with the acquisition of the ‘‘MOTION TO INTERVENE,’’ as project by Northbrook Carolina Hydro, October 8, 1996. applicable, and the Project Number of L.L.C. from Duke Power Company. Take notice that the following filings the particular application to which the l. This notice also consists of the have been made with the Commission: filing refers. Any of these documents following standard paragraphs: B, C2, 1. Trunkline LNG Company must be filed by providing the original and D2. and the number of copies provided by B. Comments, Protests, or Motions to [Docket No. CP96–255–001] the Commission’s regulations to: The Intervene—Anyone may submit Take notice that on October 3, 1996, Secretary, Federal Energy Regulatory comments, a protest, or a motion to Trunkline LNG Company (Applicant), Commission, 818 First Street, N.E., intervene in accordance with the P.O. Box 1642, Houston, Texas 77251– Washington, D.C. 20426. A copy of a requirements of Rules of Practice and 1642 filed in Docket No. CP96–255–001 notice of intent, competing application, Procedure, 18 CFR 385.210, .211, .214. an abbreviated application for amended or motion to intervene must also be In determining the appropriate action to abandonment authorization pursuant to served upon each representative of the take, the Commission will consider all Section 7 (b) of the Natural Gas Act, as Applicant specified in the particular protests or other comments filed, but amended, and Part 157 of the application. only those who file a motion to Commission’s Regulations thereunder. D2. Agency Comments—Federal, intervene in accordance with the Applicant is requesting amended state, and local agencies are invited to Commission’s Rules may become a authority to permit: (1) The file comments on the described party to the proceeding. Any comments, abandonment of Unit 2204–JB by sale to application. A copy of the application protests, or motions to intervene must Kvaerner Energy a. s. (Kvaerner), and (2) may be obtained by agencies directly be received on or before the specified the abandonment of a 50 percent from the applicant. If an agency does comment date for the particular interest in Unit 2204–JA (8 megawatts) not file comments within the time application. to PanEnergy Lake Charles Generation, 54188 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

Inc. (PELCG), all as more fully set forth acquisition of such undivided 50 Range 31 West, Sebastian County, in the application to amend which is on percent interest by Texas Eastern in Arkansas, originally installed in 1990 to file with the Commission and open to ANR’s Springboro Meter Station, all as provide transportation services solely public inspection. more fully set forth in the application under Section 311 of the Natural Gas Applicant states that it would retain on file with the Commission and open Policy Act of 1978 (NGPA) to Arkansas a 50 percent interest in Unit 2204–JA for to public inspection. Oklahoma Gas Company (AOG) under use as a source of back-up power and to It is stated that the Springboro Meter Subpart G of Part 284 of the serve its peak power requirements for Station consists of a 10-inch tap on the Commission’s Regulations. NGT states ship unloading at the terminal, which is 36-inch Lebanon Pipeline jointly owned that will deliver approximately 20,000 equivalent to the 8 megawatts of by Texas Eastern and ANR, two 8-inch MMBtu per day and approximately capacity for the combined units turbine meters and appurtenant 3,600,000 MMBtu annually to AOG approved by the Commission’s May 15, facilities. It is stated that the Springboro pursuant to a firm transportation 1996, Order Approving Abandonment. Meter Station was originally constructed agreement. NGT also states that its 2- Applicant asserts that the proposed by ANR pursuant to Section 311 of the inch L-Shape meter station installed amended authority will facilitate its Natural Gas Policy Act in order to make under Section 311 of the NGPA would continued use of up to 8 megawatts of deliveries of natural gas to Cincinnati be abandoned and reported on its 1996 electric power as a back-up power Gas & Electric (CG&E) for resale. It is annual report, and that AOG would source through its retention of a 50 further stated that in Docket No. CP93– install a 6-inch meter run, regulators percent interest in Unit 2204–JA. 86–000, ANR obtained certificate and approximately 50 feet of 4-inch- Applicant further asserts that approval authority to operate the Springboro diameter pipeline from their meter of the requested authority will also Meter Station under Section 7(c) of the station to NGT’s 2-inch tap. provide PELCG with the ability to run Natural Gas Act. In addition, NGT proposes to Unit 2204–JA at a higher load than ANR states that it has agreed to the construct and operate a 3-inch tap and Applicant, which will result in a more sale of an undivided 50 percent interest first-cut regulator (NGT’s Chismville efficient use of that asset and the and Texas Eastern states that it has delivery point) on NGT’s Line ‘‘O’’ in avoidance of a low load factor operation agreed to acquire such undivided 50 Section 15, Township 6 North, Range 28 which is detrimental to the unit’s percent interest in the Springboro Meter West, Logan County, Arkansas to deliver service life. Station. It is stated that Texas Eastern gas to AOG. The estimated volumes to Comment date: October 29, 1996, in and ANR will each utilize the be delivered to this delivery tap accordance with Standard Paragraph F Springboro Meter Station as a delivery pursuant to a firm transportation at the end of this notice. point on the Lebanon Pipeline. ANR agreement between NGT and AOG are states that it will continue to operate approximately 12,000 MMBtu on a peak 2. Michigan Gas Storage Company and maintain the Springboro Meter day and 2,160,000 MMBtu annually. [Docket No. CP97–2–000] Station. Texas Eastern states that it will The estimated cost of construction of provide up to 50,000 dekatherms per the tap and first-cut regulator is $2,250 Take notice that on October 1, 1996, day of firm transportation service to and AOG agrees to reimburse NGT for Michigan Gas Storage Company CG&E pursuant to Texas Eastern’s Part all construction costs. NGT also states (MGSCo), 212 West Michigan Avenue, 284 blanket transportation certificate that AOG will install a 4-inch meter run, Jackson, Michigan 49201, filed, in and Rate Schedule LLFT included in with regulators and electronic flow Docket No. CP97–2–000, an application Texas Eastern’s FERC Gas Tariff, Sixth measurement equipment. NGT states pursuant to Section 7(c) of the Natural Revised Volume No. 1. that AOG will own and operate the Gas Act for a Certificate of Public Comment date: October 29, 1996, in metering facilities and NGT will own Convenience and Necessity establishing accordance with Standard Paragraph F and operate the tap. (i) annual cyclic storage capacity, and at the end of this notice. NGT states that it will transport gas to (ii) expected deliverability for each of 4. NorAm Gas Transmission Company AOG and provide service under its MGSCo’s previously certificated tariff, that the volumes delivered are underground gas storage fields, all as [Docket No. CP97–10–000] within AOG’s certificated entitlement more fully set forth in the application Take notice that on October 3, 1996, and NGT’s tariff does not prohibit the on file with the Commission and open NorAm Gas Transmission Company addition of new delivery points. NGT to public inspection. (NGT), 1600 Smith Street, Houston, states that it has sufficient capacity to Comment date: October 29, 1996, in Texas 77002, filed in Docket No. CP97– accomplish the deliveries without accordance with Standard Paragraph F 10–000 a request pursuant to Sections detriment or disadvantage to its other at the end of this notice. 157.205 and 157.211 of the customers. 3. Texas Eastern Transmission Commission’s Regulations under the Comment date: November 22, 1996, in Corporation; ANR Pipeline Company Natural Gas Act (18 CFR 157.205, accordance with Standard Paragraph G 157.211) for authorization to construct, at the end of this notice. [Docket No. CP97–5–000] modify and operate certain facilities 5. Florida Gas Transmission Company; Take notice that on October 2, 1996, located in Sebastian and Logan Counties Tennessee Gas Pipeline Company Texas Eastern Transmission Corporation Arkansas under NGT’s blanket (Texas Eastern), 5400 Westheimer Court, certificate issued in Docket No. CP82– [Docket No. CP97–11–000] Houston, Texas 77056–5310 and ANR 384–000, et al., pursuant to Section 7 of Take notice that on October 3, 1996, Pipeline Company (ANR), 500 the Natural Gas Act, all as more fully set Florida Gas Transmission Company Renaissance Center, Detroit, Michigan forth in the request that is on file with (FGT), P.O. Box 1188, Houston, Texas 48243, filed in Docket No. CP97–5–000 the Commission and open to public 77251–1188 and Tennessee Gas Pipeline a joint application pursuant to Section inspection. Company (TGP), P.O. Box 2511, 7(b) and Section 7(c) of the Natural Gas Specifically, NGT proposes to operate Houston, Texas 77252–2511, filed in Act for permission and approval to an existing 2-inch delivery tap on NGT’s Docket No. CP97–11–000 a joint abandon by sale of an undivided 50 Line ‘‘O’’ (NGT’s Witcherville delivery application pursuant to Section 7(b) and percent interest by ANR and the point) in Section 36, Township 6 North, 7(c) of the Natural Gas Act for Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54189 permission and approval for FGT to date file with the Federal Energy Office of Hearings and Appeals abandon, by assignment to TGP, FGT’s Regulatory Commission, 888 First ownership interest in certain jointly Street, N.E., Washington, D.C. 20426, a Issuance of Decisions and Orders; owned facilities and for TGP to acquire motion to intervene or a protest in Week of December 25 Through and own, FGT’s interest in the jointly accordance with the requirements of the December 29, 1995 owned facilities, all as more fully set Commission’s Rules of Practice and During the week of December 25, forth in the application on file with the Procedure (18 CFR 385.211 and through December 29, 1995, the Commission and open to public 385.214) and the Regulations under the decision and order summarized below inspection. Natural Gas Act (18 CFR 157.10). All was issued with respect to appeals, Specifically, FGT proposes to protests filed with the Commission will applications, petitions, or other requests abandon by transfer to TGP, and TGP be considered by it in determining the filed with the Office of Hearings and proposes to acquire and own, FGT’s appropriate action to be taken but will Appeals of the Department of Energy. interest in certain jointly-owned Sabine not serve to make the protestants parties Copies of the full text of the decision Pass Phase I Facilities which were to the proceeding. Any person wishing and order are available in the Public constructed pursuant to orders issued to become a party to a proceeding or to Reference Room of the Office of June 10, 1981, and October 26, 1981, in participate as a party in any hearing Hearings and Appeals, Room 1E–234, Docket No. CP80–481. FGT and TGP therein must file a motion to intervene Forrestal Building, 1000 Independence state that by letter agreement dated in accordance with the Commission’s Avenue, SW, Washington, D.C. 20585– April 16, 1996, FGT and TGP mutually Rules. 0107, Monday through Friday, between agreed for FGT to assign to TGP One Take further notice that, pursuant to the hours of 1:00 p.m. and 5:00 p.m., Hundred Percent of FGT’s ownership in the authority contained in and subject to except federal holidays. They are also the Sabine Pass Phase I Facilities. available in Energy Management: FGT and TGP further state that in jurisdiction conferred upon the Federal Federal Energy Guidelines, a consideration for the transfer, TGP Energy Regulatory Commission by commercially published loose leaf agrees to waive collection from FGT of: Sections 7 and 15 of the Natural Gas Act reporter system. Some decisions and (1) Any capital related amounts from and the Commission’s Rules of Practice orders are available on the Office of January 1, 1995, through the transfer of and Procedure, a hearing will be held without further notice before the Hearings and Appeals World Wide Web the Phase I Facilities, (2) certain site at http://www.oha.doe.gov. disputed amounts for Administration Commission or its designee on this and General Loading Overhead, and (3) filing if no motion to intervene is filed Dated: October 7, 1996. all future O&M expenses related to the within the time required herein, if the George B. Breznay, Phase I Facilities incurred following the Commission on its own review of the Director, Office of Hearings and Appeals. matter finds that a grant of the transfer of the facilities. Decision List No. 952 Comment date: October 29, 1996, in certificate is required by the public accordance with Standard Paragraph F convenience and necessity. If a motion Week of December 25 through at the end of this notice. for leave to intervene is timely filed, or December 29, 1995 if the Commission on its own motion Personnel Security Hearing 6. Williams Natural Gas Company believes that a formal hearing is [Docket No. CP97–13–000] required, further notice of such hearing Albuquerque Operations Office, 12/28/ 95, VSO–0051 Take notice that on October 4, 1996, will be duly given. Williams Natural Gas Company (WNG), Under the procedure herein provided An OHA Hearing Officer issued an P.O. Box 3288, Tulsa, Oklahoma 74101, for, unless otherwise advised, it will be Opinion regarding the eligibility of an filed in Docket No. CP97–13–000 an unnecessary for the applicant to appear individual to maintain access application pursuant to Section 7(c) of or be represented at the hearing. authorization under the provisions of 10 CFR Part 710. The individual tested the Natural Gas Act for authorization to G. Any person or the Commission’s uprate approximately one mile of the positive for cannabinoids on a recent staff may, within 45 days after the drug test and also admitted to having Jewell 2-inch pipeline located in Jewell issuance of the instant notice by the County, Kansas, all as more fully set used marijuana three times in 1974, Commission, file pursuant to Rule 214 despite having answered the drug use forth in the application on file with the of the Commission’s Procedural Rules Commission and open to public question on a 1988 Personnel Security (18 CFR 385.214) a motion to intervene Questionnaire in the negative. After inspection. or notice of intervention and pursuant Specifically, WNG proposes to uprate considering the Individual’s testimony to § 157.205 of the Regulations under and the record, the Hearing Officer the Jewell line by increasing the the Natural Gas Act (18 CFR 157.205) a maximum allowable operating pressure concluded that the Individual had protest to the request. If no protest is shown mitigating circumstances with (MAOP) of the line from 133 psig to 433 filed within the time allowed therefore, psig. WNG estimates the uprate to cost respect to the DOE’s Criterion F the proposed activity shall be deemed to allegation of falsification. In considering $5,000, and that such uprate would be authorized effective the day after the improve the efficiency of the system and the Individual’s passive inhalation time allowed for filing a protest. If a defense to the Criterion K allegations eliminate the need for a high protest is filed and not withdrawn maintenance high pressure regulator based on the positive drug test, the within 30 days after the time allowed Hearing Officer found that while side setting. for filing a protest, the instant request Comment date: October 29, 1996, in stream smoke under realistic conditions shall be treated as an application for could result in a positive drug test, the accordance with Standard Paragraph F authorization pursuant to Section 7 of at the end of this notice. evidence did not support such a finding the Natural Gas Act. in this case. Accordingly, the Hearing Standard Paragraphs Lois D. Cashell, Officer found that Criterion K had been F. Any person desiring to be heard or Secretary. properly invoked by DOE as a basis for make any protest with reference to said [FR Doc. 96–26537 Filed 10–16–96; 8:45 am] revoking the Individual’s security filing should on or before the comment BILLING CODE 6717±01±P clearance and that, because of the 54190 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

Individual’s denial of drug use, there revoking the Individual’s clearance. The concerning refund applications, which was no basis upon which to mitigate Hearing Officer, therefore, concluded are not summarized. Copies of the full that finding. Because the DOE’s that the Individual’s access texts of the Decisions and Orders are Criterion L allegation was dependent on authorization should not be restored. available in the Public Reference Room an affirmative finding with respect to of the Office of Hearings and Appeals: the Criterion K allegation concerning Refund Application 1995 drug use, the Hearing Officer The Office of Hearings and Appeals found that it too served as a basis for issued the following Decision and Order Township of Ocean ...... RF272–67847 12/28/95

[FR Doc. 96–26595 Filed 10–16–96; 8:45 am] William M. Arkin filed an Appeal concluded that the individual’s access BILLING CODE 6450±01±P under the Freedom of Information Act authorization should not be restored. of a determination issued to him by the Requests for Exception Albuquerque Operations Office. Arkin Issuance of Decisions and Orders; had requested information concerning C&B Warehouse, 11/3/95 VEE–0008 Week of October 30 Through ‘‘blinding, dazzling, or stunning laser November 3, 1995 C&B Warehouse filed an Application related counter electro-optics weapons.’’ for Exception from the requirement that During the week of October 30 On Appeal, Arkin took issue with the it file Form EIA–782B, the ‘‘Reseller/ through November 3 1995, the decisions DOE’s claim that no responsive Retailer’s Monthly Petroleum Product and orders summarized below were documents existed, noting that several Sales Report.’’ The DOE found that the issued with respect to appeals, articles concerning DOE’s activities in firm was not affected by the reporting applications, petitions, or other requests this area had appeared in the media. requirement in a manner different from filed with the Office of Hearings and The DOE found that Albuquerque had other similar firms and, consequently, Appeals of the Department of Energy. failed to adequately respond to Arkin’s was not experiencing a special The following summary also contains a request and, therefore, remanded the hardship, inequity, or unfair list of submissions that were dismissed matter for further action. distribution of burdens. Accordingly, by the Office of Hearings and Appeals. Personnel Security Hearing the firm’s Application for Exception was Copies of the full text of these denied. decisions and orders are available in the Rocky Flats Field Office, 11/1/95 VSO– Dixie Gas & Oil Co., 11/1/95 VEE–0009 Public Reference Room of the Office of 0043 Hearings and Appeals, Room 1E–234, A Hearing Officer of the Office of Dixie Gas & Oil Company filed an Forrestal Building, 1000 Independence Hearings and Appeals issued an opinion Application for Exception from the Avenue, SW, Washington, D.C. 20585– concerning the continued eligibility of Energy Information Administration 0107, Monday through Friday, between an individual for access authorization (EIA) requirement that it file Form EIA– the hours of 1:00 p.m. and 5:00 p.m., under 10 C.F.R. Part 710. The Hearing 782B, the ‘‘Resellers’/Retailers’ Monthly except federal holidays. They are also Officer found that the derogatory Petroleum Product Sales Report.’’ The available in Energy Management: information presented with respect to DOE found that the firm was suffering Federal Energy Guidelines, a the individual’s alleged marijuana use temporary hardship related to upgrading commercially published loose leaf was insufficient to raise a substantial its computer system. Therefore, the firm reporter system. Some decisions and doubt concerning the veracity of the was granted an exception relieving it of orders are available on the Office of individual’s repeated denials that he the requirement to submit Form EIA– Hearings and Appeals World Wide Web ever used illegal drugs. However, the 782B between October 1995 and January site at http://www.oha.doe.gov. Hearing Officer found that the 1996. information presented regarding the Dated: October 7, 1996. Refund Applications George B. Breznay, individual’s alcohol abuse was sufficient to support a denial of access The Office of Hearings and Appeals Director, Office of Hearings and Appeals. authorization pursuant to 10 C.F.R. issued the following Decisions and Decision List No. 944 § 710.8(j). The Hearing Officer also Orders concerning refund applications, Week of October 30 Through November found that the individual failed to which are not summarized. Copies of 3, 1995 present sufficient evidence of the full texts of the Decisions and rehabilitation or reformation to mitigate Orders are available in the Public Appeal this derogatory information. Reference Room of the Office of William M. Arkin, 10/30/95 VFA–0089 Accordingly, the Hearing Officer Hearings and Appeals: Beaufort Transfer, Inc. et al ...... RF272–77717 11/03/95 Crude Oil Supple Ref Dist ...... RB272–57 11/01/95 Crude Oil Supple Refund Dist ...... RB272–48 10/31/95 Gulf Oil Corporation/Jack’s Gulf Service et al ...... RF300–21403 11/03/95 Gulf Oil Corporation/Perfect Fuel Co...... RF300–16945 11/01/95 Wiggins Grocery ...... RF300–16964 ...... Wiggins Gulf Service ...... RF300–16965 ...... H&L Pippin Farms et al ...... RK272–1253 11/01/95 Hirsch Realty Management Corp...... RF272–78605 11/01/95 Zumo Management ...... RF272–78616 ...... Iola E. Williams et al ...... RK272–1501 11/01/95 Laurel Cooperative Assn. et al ...... RF272–95101 10/31/95 Northern Neck Transfer, Inc...... RF272–95281 10/31/95 Schnuck Markets, Inc...... RC272–324 11/03/95 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54191

Texaco Inc./Pecan Shoppe of Plant City ...... RF321–16233 11/01/95 Dismissals The following submissions were dismissed:

Name Case No.

Branch Motor Express ...... RF300±12741 Cape Smythe Air Service ...... RF272±98003 Dolcito Quarry Company, Inc...... RK272±00246 Netumar Lines ...... RF272±97896 S.F. Transport, Inc...... RF272±97309 Terminal Transportation, Inc...... RF272±97334 The National Security Archive ...... VFA±0074 Western Electric Company ...... RF300±21568 York Shipping Corporation ...... RF272±97919 Center Equipment Company ...... RF272±96155 El Toro Express ...... RF272±77988 James J. Williams Trucking Co...... RF272±97883 Johnny Bowen Gulf Station #1 ...... RF300±21710 New York State Electric & Gas ...... RF300±21566 Redi-Froz Dist. Co...... RF272±97821

[FR Doc. 96–26596 Filed 10–16–96; 8:45 am] Jeffrey R. Leist filed an Appeal from submitted under the Freedom of BILLING CODE 6450±01±P a determination issued to him by the Information Act (FOIA). Michigan Manager of the Ohio Field Office sought documents concerning the 1992– partially denying a request for 93 Presidential transition members and Office of Hearings and Appeals information filed by him pursuant to the Cities Service Oil and Gas Corporation. Freedom of Information Act. The Issuance of Decisions and Orders; It contended that additional responsive Manager had released copies of documents must exist. In considering Week of September 11 Through responsive documents, but had redacted September 15, 1995 the Appeal, the DOE found that the all personal identifying information FOIA Division performed an adequate During the week of September 11 from them under Exemption 6. In search for responsive documents. through September 15, 1995, the considering the Appeal, the DOE Accordingly, the Appeal was denied. decisions and orders summarized below determined that the Manager were issued with respect to appeals, inadvertently redacted Mr. Leist’s own Personnel Security Hearing applications, petitions, or other requests name from one of the responsive filed with the Office of Hearings and documents. Accordingly, the DOE Oak Ridge Operations Office, 9/15/95, Appeals of the Department of Energy. directed the Manager to send to Mr. VSO–0035 The following summary also contains a Leist a copy of this document, without A Hearing Officer from the Office of list of submissions that were dismissed a redaction of his name. Since the DOE Hearings and Appeals issued an by the Office of Hearings and Appeals. determined that Exemption 6 was Opinion regarding the eligibility of an Copies of the full text of these otherwise properly applied to the individual for access authorization decisions and orders are available in the responsive documents, the Appeal was under the provisions of 10 C.F.R. Part Public Reference Room of the Office of denied in all other respects. 710. The Hearing Officer found that: (i) Hearings and Appeals, Room 1E–234, Jeffrey R. Leist, 9/12/95, VFA–0071 the individual used cocaine and Forrestal Building, 1000 Independence Jeffrey R. Leist filed an Appeal from Avenue, SW, Washington, D.C. 20585– marijuana in the past and used cocaine a determination issued to him by the 0107, Monday through Friday, between after assuring the DOE in writing that he Ohio Field Office partially denying a the hours of 1:00 p.m. and 5:00 p.m., would not have any involvement with request for information filed by him except federal holidays. They are also illegal drugs; (ii) the individual pursuant to the Freedom of Information available in Energy Management: deliberately provided false information Act. Specifically, the Manager released Federal Energy Guidelines, a to the DOE on three separate occasions; copies of responsive documents, but commercially published loose leaf (iii) the acts of the individual tend to could not locate a letter Mr. Leist reporter system. Some decisions and show that the individual may use illegal alleged was sent to him. In considering orders are available on the Office of drugs in the future and that the the Appeal, the DOE confirmed the Hearings and Appeals World Wide Web individual is not honest, reliable, or existence of the responsive letter and site at http://www.oha.doe.gov. trustworthy; and (iv) the DOE’s security remanded the case to the Manager to concerns regarding these behaviors were Dated: October 7, 1996. either release a copy of the letter or not overcome by the evidence mitigating George B. Breznay, provide a detailed explanation as to Director, Office of Hearings and Appeals. why the letter is exempt from public the derogatory information underlying disclosure. the DOE’s charges. Accordingly, the Decision List No. 937 Hearing Officer found that the State of Michigan, 9/15/95, VFA–0066 Week of September 11 Through individual’s access authorization should September 15, 1995 The State of Michigan, filed an not be restored. Appeal from a determination issued by Appeals the Freedom of Information and Privacy Jeffrey R. Leist, 9/14/95, VFA–0069 Act Division in response to a request it 54192 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

Refund Applications volume claims, and that the four firms Self Enterprises filed a Motion for Atlantic Richfield Company/Nicot Oils were not entitled to refunds based on Reconsideration in the Texaco Inc. Co., Inc., 9/14/95, RF304–4883 these purchase volume figures. The DOE special refund proceeding. Self had Nicot Oils Co., Inc. was denied a also determined that the applications been granted a refund of $10,000 in the refund in the Atlantic Richfield filed by the companies’ accountant Texaco proceeding under the medium- Company special refund proceeding. contained accurate purchase volume range presumption of injury for the After an investigation by the Inspector claims. The applicants would, therefore, purchases of 13 outlets. See Texaco Inc./ General’s office, Mr. Nick Schnettler, have been eligible for supplemental Tabba Oil, 23 DOE ¿ 85,192 (1994). In the owner of Nicot, pled guilty to mail crude oil refunds based on these its Motion, Self requested that Tabba be fraud regarding 16 applications he filed applications. The DOE determined that vacated in order that it may attempt to in the ARCO and Mobil Oil Company the amount the firms will be required to make an injury showing, or special refund proceedings. Because remit should be reduced by the amount alternatively, that it be modified to special refund proceedings are equitable of the supplemental refunds they would include purchases of more gallons than proceedings and thus are subject to the have received. The Order also holds were originally claimed. The DOE equitable stricture against ‘‘unclean Recovery Resources jointly responsible declined to consider any of these hands,’’ the Nicot Refund Application for the repayment of the refunds. requests. Self had been put on notice by was denied. Texaco Inc./Ryder Systems, Inc., 9/15/ the DOE of the proposed disposition of Spag Realty Associates, et al., 9/11/95, 95, RF321–171 its case, the time period to make RC272–00298, et al. A Motion for Reconsideration filed by objections to that disposition, and the A Supplemental Order was issued Ryder System, Inc., was granted. Ryder February 28, 1994 deadline for filing requiring Spag Realty Associates and had previously received the maximum applications in the Texaco proceeding, three related firms to repay $9,909 to the refund available under the retailer/ yet waited one and one-half years past DOE. These firms received duplicate reseller medium-range presumption of that deadline to make its submission. refunds in the crude oil refund injury. Ryder requested that it be The DOE determined that this delay was proceeding. The first set of applications permitted to benefit from the end-user not excusable. Therefore, the Motion for was filed on the companies’ behalf by presumption of injury by receiving an Reconsideration was dismissed. Recovery Resources, a private filing additional refund for products that it Refund Applications service. The second set of applications consumed rather than resold. The DOE was filed by the companies’ accountant. determined that Ryder was entitled to The Office of Hearings and Appeals Both sets of applications were granted an additional refund based only on issued the following Decisions and based on the purchase volume figures those consumed gallons purchased by Orders concerning refund applications, provided in the applications. In the Ryder-owned companies whose which are not summarized. Copies of Supplemental Order, the DOE operations were unrelated to Ryder’s the full texts of the Decisions and determined that the applications filed renting and leasing operations. Orders are available in the Public by Recovery Resources contained Texaco, Inc./Self Enterprises, 9/15/95, Reference Room of the Office of inaccurate and inflated purchase RR321–192 Hearings and Appeals. Crude Oil Supplemental Refund Distribution ...... RB272–40 09/11/95 Doe Run Company et al ...... RK272–151 09/12/95 Interstate Mushroom Co. et al ...... RF272–89291 09/11/95 Liberty Trucking Company ...... RF272–78467 09/14/95 Navistar Internation Transportation Corp...... RF272–77726 09/15/95 Nuclear Fuel Services, Inc...... RF272–91052 09/12/95 Spring Valley Farms of AL, Inc., et al ...... RF272–77533 09/14/95 Texaco Inc./Larmac Texaco, Inc...... RF321–20639 09/15/95 Texaco Service Station ...... RF321–20745 ...... Texaco Inc./PEH Texaco ...... RR321–190 09/15/95 Princeton Circle ...... RR321–191 ...... Texaco Inc./Temple & Temple Excavating & Paving, Inc...... RF321–20456 09/14/95 Texaco Inc./Texaco #8/Self Enterprises ...... RF321–18534 09/15/95 Theodor Pick et al ...... RK272–74 09/15/95

Dismissals The following submissions were dismissed:

Name Case No.

Gulf Coast Petroleum, Inc...... RF321±20380 Karnack Chemical Corporation ...... RF272±78133 Laverne's Oil ...... RF272±89946 Margaret Klunk VFA±0070. Newton County, MS ...... RF300±21591 Southern Disposal, Inc...... RF272±99102 Southern Disposal, Inc...... RF272±95216 Virginia Concrete Company ...... RF272±78022 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54193

[FR Doc. 96–26597 Filed 10–16–96; 8:45 am] Accordingly, the Appeal was granted in incorporate the new materials generated BILLING CODE 6450±01±P part and the matter was remanded for a in the supplemental telephone hearings. new determination regarding additional OHA ruled that the discovery responsive material. depositions at issue were not part of the Office of Hearings and Appeals Murray, Jacobs & Abel, 7/11/95, VFA– evidentiary record, and denied the 0050 requests to admit the Assessor’s Issuance of Decisions and Orders; deposition under Rule 32. Week of July 10 Through July 14, 1995 Murray, Jacobs & Abel appealed the Inspector General’s denial of its request Refund Applications During the week of July 10 through for documents pertaining to an ongoing July 14, 1995, the decisions and orders Allegheny Power Service Corporation, 7/ investigation into allegations that 14/95, RF272–97910 summarized below were issued with Technology Management Services, Inc., respect to appeals, applications, a government contractor, engaged in The DOE issued a Decision and Order petitions, or other requests filed with improper activities. The Office of the concerning an Application for Refund in the Office of Hearings and Appeals of Inspector General had withheld the the Subpart V crude oil overcharge the Department of Energy. The information under Exemption 7(A). In refund proceeding filed by the following summary also contains a list considering the Appeal, the DOE found Allegheny Power Service Corporation. of submissions that were dismissed by that the OIG’s determination did not The DOE determined that the Allegheny the Office of Hearings and Appeals. contain sufficient specificity in its Power Service Corporation was not Copies of the full text of these explanation for withholding the entitled to a crude oil refund since it decisions and orders are available in the requested documents under Exemption had filed a Utilities Escrow Settlement Public Reference Room of the Office of 7(A) and the case was remanded for a Claim Form and Waiver, thereby Hearings and Appeals, Room 1E–234, new determination. waiving its right to a Subpart V crude Forrestal Building, 1000 Independence oil refund. Accordingly, the Application Avenue, S.W., Washington, D.C. 20585– Interlocutory Order for Refund was denied. 0107, Monday through Friday, between Benton County, Washington, 7/11/95, Texaco Inc./Jimco Truck Plaza, 7/14/95, the hours of 1:00 p.m. and 5:00 p.m., VPZ-0002 RF321–21065 except federal holidays. They are also Benton County, Washington filed a The Department of Energy granted a available in Energy Management: Motion to Strike certain portions of a refund to Jimco Truck Plaza in the Federal Energy Guidelines, a post-hearing brief filed by the Texaco refund proceeding despite the commercially published loose leaf Department of Energy DOE Richland fact that Jimco did not inform the OHA reporter system. Some decisions and Operations Office (DOE/RL). The that its bankruptcy proceeding was still orders are available on the Office of contested portions of the brief contained pending at the time that the application Hearings and Appeals World Wide Web citations to the discovery depositions of was filed. The DOE determined that site at http://www.oha.doe.gov. four major Benton County witnesses Mildred Pumphrey, who signed the Dated: October 7, 1996. who testified during the January 1995 application, did not know at that time George B. Breznay, hearing on the county’s appeal of the that the bankruptcy proceeding Director, Office of Hearings and Appeals. amount of Payments-Equal-To-Taxes involving her late husband’s company (PETT) it would receive under the was still pending. Furthermore, it Decision List No. 928 Nuclear Waste Policy Act of 1982 for appeared from the record that all of Week of July 10 Through July 14, 1995 site characterization at the Basalt Wast Jimco’s creditors had been satisfied. The Appeals Isolation project on the Hanford Decision also concerned the proper reservation. DOE/RL alleged that all distribution of the refund among the Albuquerque Journal, 7/11/95, LFA– depositions were a part of the members of the Pumphrey family. 0182 evidentiary record of the proceeding, The Albuquerque Journal filed an and requested that the deposition of the Refund Applications appeal from a denial by the Office of Benton County Assessor be considered The Office of Hearings and Appeals Arms Control and Nonproliferation that of a party pursuant to Fed. R. Civ. issued the following Decisions and Technology Support of a request for P. 32(a)(2). OHA granted the motion in Orders concerning refund applications, information that it submitted under the part. The parties held supplemental which are not summarized. Copies of Freedom of Information Act (FOIA). In telephone hearings to properly enter the the full texts of the Decisions and considering the Appeal, the DOE found contested references into the record. Orders are available in the Public that the initial determination did not DOE/RL was given an opportunity to Reference Room of the Office of consider all responsive documents. submit an amended post-hearing brief to Hearings and Appeals. Atlantic Richfield Company/B & N Arco et al ...... RF304–13748 07/11/95 C.M. Caraway & Sons, Inc. et al ...... RF272–94129 07/10/95 Columbia LNG Corporation ...... RF272–97572 07/11/95 Crude Oil Supplemental Refund Distribution ...... RB272–11 07/10/95 Crude Oil Supplemental Refund Distribution ...... RB272–7 07/11/95 Crude Oil Supplemental Refund Distribution ...... RB272–15 07/14/95 Crude Oil Supplemental Refund Distribution ...... RB272–22 07/14/95 Crude Oil Supplemntaal Refund Distribution ...... RB272–13 07/14/95 Farmers Union Oil Co. et al ...... RF272–86748 07/11/95 Gardner Asphalt Corporation ...... RF272–94635 07/10/95 Texaco Inc./Clem’s Texaco Gasoline Mart & Service et al ...... RF321–20283 07/14/95 Texaco Inc./Cullum’s Texaco ...... RF321–21076 07/14/95 Texaco Inc./Energy Delivery Systems, Inc ...... RF321–10872 07/14/95 Texfi Industries, Inc. et al ...... RF272–77338 07/14/95 54194 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

Dismissals The following submissions were dismissed:

Name Case No.

Ideal Fuel Company ...... RF321±14143 Johnston Burane Company ...... RF304±14155 K-Mechanical Services, Inc...... RF272±94211 Munia A. Malik ...... VFA±0057 Olmsted County, MN ...... RF272±89078 R and G Services Ltd...... RF321±14154 Suffolk County, NY ...... RF272±86594

[FR Doc. 96–26598 Filed 10–16–96; 8:45 am] LeGrand sought records of Appeal, the Office of Hearings and BILLING CODE 6450±01±P investigations conducted regarding his Appeals found that release of the final suitability for a security clearance. The report could interfere with the FOIA Division stated that a search of the investigation. The Office of Hearings Issuance of Decisions and Orders; records in the DOE’s Office of and Appeals concluded that the OIG Week of February 19 Through February Safeguards and Security and the properly applied Exemption 7(A) to the 23, 1996 Savannah River Operations Office was responsive document. Therefore, the conducted and no records were found During the week of February 19 Department of Energy denied Maples’ responsive to the request. In his Appeal, through February 23, 1996, the Appeal. Mr. LeGrand argued that the DOE decisions and orders summarized below Refund Applications were issued with respect to appeals, conducted an inadequate search for applications, petitions, or other requests records. In considering the Appeal, the George, Victor & Bernard Didinsky, 2/ filed with the Office of Hearings and DOE found that because Mr. LeGrand’s 21/96, RJ272–6 employment at the Savannah River Site Appeals of the Department of Energy. This Supplemental Order modifies a ended over 25 years ago, any security The following summary also contains a supplemental crude oil overcharge clearance records maintained regarding list of submissions that were dismissed refund granted to Fallsburg Bottling Mr. LeGrand would no longer exist. by the Office of Hearings and Appeals. Works, Inc. The applicant submitted Under these circumstances, the DOE Copies of the full text of these evidence that the corporation had been concluded that a search of a microfiche decisions and orders are available in the dissolved in 1988 and requested that the index of all DOE and DOE contractor Public Reference Room of the Office of supplemental refund be issued to the employees who had held security Hearings and Appeals, Room 1E–234, successor partnership that had been clearances in the past was an adequate Forrestal Building, 1000 Independence formed by the three equal shareholders search reasonably calculated to discover Avenue, SW, Washington, D.C. 20585– of the corporation. The request was documents responsive to Mr. LeGrand’s 0107, Monday through Friday, between approved and the DOE directed that a request. Accordingly, the Appeal was the hours of 1:00 p.m. and 5:00 p.m., new refund check be issued to the denied. except federal holidays. They are also partnership. available in Energy Management: Eugene Maples, 2/23/96, VFA–0122 Federal Energy Guidelines, a Eugene Maples (Maples) filed an Texaco Inc./Chain Oil Co., 2/21/96, commercially published loose leaf Appeal from a determination issued to RR321–194 reporter system. Some decisions and him by the Department of Energy’s The Department of Energy issued a orders are available on the Office of Office of the Inspector General (OIG) in Decision and Order denying a Motion Hearings and Appeals World Wide Web response to a request for information for Reconsideration filed by Chain Oil site at http://www.oha.doe.gov. submitted by him under the Freedom of Co. (Chain) and its owner, Donald Dated: October 7, 1996. Information Act (FOIA). Maples sought Foster in the Texaco refund proceeding. George B. Breznay, a copy of a final report issued by the The Motion was denied because Mr. Director, Office of Hearings and Appeals. OIG which summarized an investigation Foster had again failed to demonstrate into the misuse of oil overcharge funds that his acquisition of Chain included Decision List No. 960 by the State of South Carolina Chain’s right to the refund. Week of February 19 Through February conducted by the Savannah River Site Refund Applications 23, 1996 during 1993–94. The OIG issued a determination denying Maples request The Office of Hearings and Appeals Appeals in its entirety pursuant to Exemption issued the following Decisions and Archie M. LeGrand, Jr., 2/20/96, VFA– 7(A). The OIG stated that it had not Orders concerning refund applications, 0120 reached a final resolution of the which are not summarized. Copies of Archie M. LeGrand, Jr., filed an investigation; therefore, release could the full texts of the Decisions and Appeal from a determination by the prematurely disclose enforcement Orders are available in the Public Department of Energy’s FOIA/Privacy efforts and interfere with its ongoing Reference Room of the Office of Act Division (FOIA Division). Mr. investigation. In considering the Hearings and Appeals. Bemis Company, Inc...... RF272–17760 02/21/96 RF272–20188 RD272–17760 RD272–20188 Davis Trucking Company et al ...... RK272–2252 02/21/96 Syar Industries, Inc. et al ...... RF272–73595 02/21/96 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54195

Syar Industries, Inc...... RD272–73599 Dismissals The following submissions were dismissed:

Name Case No.

Richland Operations Office ...... VSO±0053

[FR Doc. 96–26599 Filed 10–16–96; 8:45 am] May 15 and 16 meeting) please contact: assistance in developing such a strategy BILLING CODE 6450±01±P Donald Walker, TASCON Corp; and proposes to establish the Endocrine telephone: (301) 907–3844 x 247; fax: Disrupter Screening and Testing (301) 907–9655; e-mail: Advisory Committee (EDSTAC). The ENVIRONMENTAL PROTECTION [email protected]. For technical purpose of EDSTAC will be to provide AGENCY information, contact Anthony advice and counsel to the Agency on a Maciorowski (202) 260–3048, e-mail: strategy to screen and test endocrine [OPPTS±42188; FRL±5571±2] [email protected] disrupting chemicals in humans, fish, Endocrine Disruptors; Notice of Public or Gary Timm (202) 260–1859, e-mail: and wildlife. This strategy will be aimed Meeting [email protected] at EPA. at developing information and methods SUPPLEMENTARY INFORMATION: A growing for reducing risk to human health and AGENCY: Environmental Protection body of scientific research indicates that the environment. EPA expects the Agency (EPA). many man-made chemicals may EDSTAC to take a consensus approach ACTION: Notice of public meeting. interfere with the normal functioning of to reaching their findings and human and wildlife endocrine systems. recommendations. SUMMARY: EPA is holding a public These endocrine disruptors may cause a Subject to consideration by the meeting with interested stakeholder variety of problems with development, members of the proposed EDSTAC, the groups to assist the Agency in forming behavior, and reproduction. Although goals of an EPA-led dialogue on a committee under the provisions of the many chemicals have undergone screening and testing for endocrine Federal Advisory Committee Act extensive toxicological testing, it is disruption may be to: (FACA) to provide advice on the unclear whether this testing has been 1. Develop a flexible process to select screening and testing of chemicals and adequate to detect the potential for these and prioritize chemicals for screening, pesticides for their potential to disrupt chemicals to disrupt endocrine recognizing the need to obtain and use endocrine function in humans and functioning or what additional testing is appropriate exposure information in wildlife. This is the second of such needed for EPA to assess and setting appropriate priorities. meetings. The first meeting was held characterize risk. Notwithstanding 2. Develop a process for identifying May 15–16, 1996, in Washington DC. recognition that the scientific new and existing screening tests and Persons who attended the first meeting knowledge related to endocrine mechanisms for their validation. or placed their names on a list to be kept disruptors is still evolving, there is 3. Agree on a set of available, informed of further developments will widespread agreement that the validated screening tests for early be notified of this meeting by letter, and development of a screening and testing application. will receive additional information program is appropriate. Recent 4. Develop a process and criteria for regarding the formation of the legislation (reauthorization of the Safe deciding when additional tests, beyond committee and nominees for committee Drinking Water Act and passage of the screening tests, are needed and how any membership. Food Quality Protection Act) has of these additional tests will be DATES: The public meeting will be held mandated that such a screening and validated. on October 31 and November 1, 1996, testing program be developed by EPA. These goals are likely to be pursued from 9 a.m. to 5 p.m. Further, underlying authority for EPA to sequentially. These goals will also be ADDRESSES: The meeting will be held in consider implementation of such a pursued in a manner that recognizes Washington, DC, at the Sheraton City program is found in the existing Federal that the data that will be available as a Centre Hotel, 1143 New Hampshire Ave Insecticide, Fungicide, and Rodenticide result of the endocrine disrupter NW (3 blocks NE of the Foggy Bottom Act (FIFRA) and Toxic Substances screening and testing program will be Metro station at New Hampshire Ave Control Act (TSCA). used to reduce risk to human health. It and M St. NW). Telephone: 202–775– EPA’s Office of Prevention, Pesticides is anticipated that this overarching risk 0800. and Toxic Substances is taking the lead management goal will eventually FOR FURTHER INFORMATION CONTACT: for EPA on endocrine disruption require the development of approaches Persons who want to attend this meeting screening and testing issues. EPA began to: Synthesize exposure and hazard should register with Donald Walker no its efforts to develop a screening and information; and incorporate later than October 24, 1996. testing strategy by obtaining the views synthesized exposure and hazard Reservations will be accepted on a first- of stakeholders at a meeting on May 15– information into risk reduction and risk come basis. Persons with reservations 16, 1996 (61 FR 20814, May 8, 1996) management decisions. should arrive at least 10 minutes prior (FRL–5369–8). At the May stakeholder’s For the EDSTAC to be successful, the to the meeting to ensure that their seat meeting participants generally agreed Committee will have to clearly is not given to someone on the waiting that government, industry, academia communicate to the public areas of list. Persons who do not have a and public interest groups should work agreement and recommendations. In reservation will be admitted to the collaboratively to develop a screening addition, as components of a screening meeting only if space is available. and testing strategy. EPA has concluded and testing program are agreed upon To register or to obtain additional that a FACA chartered committee would and implemented, processes need to be information (such as the summary of the be the best means of providing developed to clearly communicate to 54196 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices the public the information resulting Conference Room, 1103WT in the West (202) 260–9766, E-mail: from priority setting, screening, testing, Tower at the U.S. Environmental [email protected], or Mr. and risk management decision-making. Protection Agency Headquarters Tom Gillis of EPA’s Office of Policy, EPA’s intention is for the EDSTAC to Building, 401 M Street, S.W., Planning and Evaluation (OPPE) (2172) be a consensus-building process. Washington, D.C. 20460. In this at (202) 260–4181; FAX (202) 260–5732; EDSTAC, therefore, needs to be meeting, the Council intends to go to E-mail: [email protected]. structured in a manner conducive to closure on the Retrospective Study gov. collaboration and consensus building. Report to Congress, and to be Members of the public who wish to In particular, EDSTAC’s structure needs introduced to the Prospective Study make a brief oral presentation at this to balance the demand for inclusion of Report to Congress. It is anticipated that meeting should contact Mrs. Diana L. key stakeholders and relevant expertise the Council will have briefings and Pozun, Staff Secretary, (tel. 202–260– with the need for a manageable number discussions with Agency staff on 2553; FAX 202–260–7118) no later than of participants. EPA believes that it is additional staff papers and supporting October 31, 1996, in order to advise the important to have representatives of the documentation related to closure on the Agency of your desire to participate in chemicals industry, Federal and state Retrospective Study and introductions the meeting and to have time reserved government; representatives from to the methodology and approaches on the agenda for public comments. environmental, public health, and labor proposed for the Prospective Study. This meeting is open to the public, but organizations; and scientific expertise The Council last met on June 5 and 6, seating is limited and available on a first from academia on the Committee. 1996 (See Federal Register, Vol. 61, No. come basis. For a copy of the proposed EDSTAC members will discuss both 87, Friday, May 3, 1996, pp. 19932– agenda, please contact Ms. Pozun at the policy and scientific issues in an 19935) and reviewed the Agency’s draft numbers given above. For questions attempt to develop consensus document Report to Congress entitled regarding technical issues to be recommendations on how to create and ‘‘The Benefits and Costs of the Clean Air discussed, please contact Dr. K. Jack implement an endocrine disrupter Act, 1970 to 1990: Report to Congress,’’ Kooyoomjian, Designated Federal screening and testing program. The dated May 3, 1996, as well as findings Official, Science Advisory Board (1400), group is expected to meet of two subcommittees, the Physical U.S. EPA, 401 M Street, S.W., approximately once every two months Effects Review Subcommittee (PERS), Washington DC 20460, by telephone at over a period of one year. Because it and the Clean Air Scientific Advisory (202) 260–2560, FAX at (202) 260–7118, will not be possible to include all of Committee’s (CASAC), Air Quality or via the E-Mail: those who have an interest in this issue, Models Subcommittee (AQMS). [email protected], or opportunities will be provided during The Agency has asked the SAB to at [email protected]. the course of EDSTAC’s deliberations to conduct the following activities in the Providing Oral or Written Comments at ensure that all voices will be heard. One proposed charge relating to this specific SAB Meetings of the primary agenda items for the review: Members of the public who wish to October 31–November 1, 1996, meeting (a) Review the revised draft Report to is to address questions of formation and make a brief oral presentation at the Congress, entitled ‘‘The Benefits and meetings should contact the listed membership of EDSTAC and procedures Costs of the Clean Air Act, 1970 to for ensuring that all stakeholders have Designated Federal Official no later than 1990,’’ USEPA, dated October, 1996, one week prior to the meeting in order an opportunity to be heard on the and issues. to have time reserved on the agenda. (b) Discuss the topic of the Dated: October 11, 1996. The Science Advisory Board expects prospective study on costs and benefits, that public statements presented at its Lynn R. Goldman, which will be presented to the Council meetings will not be repetitive of Assistant Administrator for Prevention, at the November meeting. previously submitted oral or written Pesticides and Toxic Substances. The documents that are the subject of statements. In general, for meetings, [FR Doc. 96–26811 Filed 10–16–96; 8:45 am] SAB reviews are normally available opportunities for oral comment will from the originating EPA office and are BILLING CODE 6560±50±F usually be limited to no more than five not available from the SAB Office. minutes per speaker and no more than Public drafts of SAB reports are thirty minutes total. Written comments [FRL±5636±9] available to the Agency and the public (at least 35 copies) received in the SAB from the SAB office. Science Advisory Board; Advisory Staff Office sufficiently prior to a FOR FURTHER INFORMATION: (a) For copies Council on Clean Air Compliance meeting date (usually one week prior to Analysis; Open Public Meeting of the Agency’s draft Section 812 CAA a meeting), may be mailed to the draft, Report to Congress, entitled ‘‘The relevant SAB committee or Pursuant to the Federal Advisory Benefits and Costs of the Clean Air Act, subcommittee prior to its meeting; Committee Act, Public Law 92–463, 1970 to 1990,’’ USEPA, dated October, comments received too close to the notice is hereby given that the Advisory 1996 please contact Ms. Michelle meeting date will normally be provided Council on Clean Air Compliance Olawuyi, Secretary, Office of Economy to the committee at its meeting. Written Analysis (ACCACA, or ‘‘the Council,’’ and Environment (2172), U.S. comments may be provided to the formerly known as the Clean Air Act Environmental Protection Agency, 401 relevant committee or subcommittee up Compliance Analysis Council, or M Street, S.W., Washington, D.C. 20460; until the time of the meeting. CAACAC) of the Science Advisory tel. (202) 260–5488; FAX (202) 260– Board (SAB) will conduct a two-day 5732; E-Mail; Olawuyi.Michelle To Obtain More Information on or meeting on Thursday, November 7 and @epamail.epa.gov; (b) For a discussion Participate in the SAB Meetings Friday, November 8, 1996. The meeting of technical aspects of the Agency draft These meetings are open to the will commence at 9:00 a.m. eastern time Report to Congress, dated October, 1996 public, but seating is limited and each day and will adjourn no later than please contact Mr. James DeMocker of available on a first come basis. Written 5:00 p.m. each day. The meeting will EPA’s Office of Policy Analysis and inquiries can be sent to the following take place in the Administrator’s Review (OPAR) at (202) 260–8980, FAX address: U.S. Environmental Protection Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54197

Agency; Science Advisory Board (1400); Dated: October 8, 1996. 402 of the Clean Water Act, in violation 401 M Street, S.W., Washington, DC Scott C. Fulton, of Section 301 of the Clean Water Act. 20460, Phone: (202) 260–8414 or FAX Acting General Counsel. FOR FURTHER INFORMATION: Persons (202) 260–7118. [FR Doc. 96–26629 Filed 10–16–96; 8:45 am] wishing to receive a copy of EPA’s Donald G. Barnes, BILLING CODE 6560±50±M Consolidated Rules, review the Staff Director, Science Advisory Board. Complaint or other documents filed in [FR Doc. 96–26445 Filed 10–16–96; 8:45 am] this proceeding, comment upon the proposed penalty assessment, or BILLING CODE 6560±50±P [FRL 5635±1] otherwise participate in the proceeding Clean Water Act Class II: Proposed should contact the Regional Hearing Administrative Penalty Assessment Clerk identified above. [FRL 5637±2] and Opportunity to Comment The administrative record for the Regarding Kansas City Power & Light proceeding is located in the EPA Proposed Settlement Agreement; Company, LaCygne, Kansas Liberty Borough, PA PM±10 SIP Regional Office at the address stated AGENCY: Environmental Protection above, and the file will be open for AGENCY: Environmental Protection Agency (‘‘EPA’’). public inspection during normal business hours. All information Agency (EPA). ACTION: Notice of proposed submitted by Kansas City Power & Light ACTION: Notice of proposed settlement administrative penalty assessment and Company is available as part of the agreement; request for public comment. opportunity to comment regarding administrative record, subject to Kansas City Power & Light Company, provisions of law restricting public LaCygne, Kansas. SUMMARY: In accordance with Section disclosure of confidential information. 113(g) of the Clean Air Act (‘‘Act’’), SUMMARY: EPA is providing notice of In order to provide opportunity for notice is hereby given of a proposed opportunity to comment on the public comment, EPA will issue no final settlement agreement concerning proposed assessment. order assessing a penalty in this litigation instituted against the Under 33 U.S.C. 1319(g), EPA is proceeding prior to thirty (30) days from Environmental Protection Agency authorized to issue orders assessing the date of this notice. (‘‘EPA’’) by the Group Against Smog and civil penalties for various violations of Dated: September 27, 1996. Pollution (‘‘GASP’’). The lawsuit the Act. EPA may issue such orders after William Rice, concerns EPA’s alleged failure to filing a Complaint commencing either a Acting Regional Administrator. perform a nondiscretionary duty with Class I or Class II penalty proceeding. [FR Doc. 96–26189 Filed 10–16–96; 8:45 am] respect to: (1) taking final action on the EPA provides public notice of the BILLING CODE 6560±50±M Liberty Borough Moderate area proposed assessment pursuant to 33 nonattainment state implementation U.S.C. 1319(g)(4)(A). plan (‘‘SIP’’) regulating particulate Class II proceedings are conducted matter with an aerodynamic diameter under EPA’s Consolidated Rules of FEDERAL COMMUNICATIONS less than or equal to a nominal ten Practice Governing the Administrative COMMISSION micrometers (‘‘PM–10’’) emissions, and Assessment of Civil Penalties and the (2) determining, based on air quality Revocation or Suspension of Permits, 40 Public Information Collection data, whether the Liberty Borough CFR part 22. The procedures by which Approved by Office of Management nonattainment area attained the PM–10 the public may submit written comment and Budget national ambient air quality standards on a proposed Class II order or October 9, 1996. by the December 31, 1994 statutory participate in a Class II proceeding, and attainment deadline. the procedures by which a respondent The Federal Communications may request a hearing, are set forth in Commission (FCC) has received Office For a period of thirty [30] days of Management and Budget (OMB) following the date of publication of this the Consolidated Rules. The deadline for submitting public comment on a approval for the following public notice, the Agency will receive written information collection pursuant to the comments relating to the settlement proposed Class II order is thirty (30) days after issuance of public notice. Paperwork Reduction Act of 1995, Pub. agreement. EPA or the Department of L. 96–511. An agency may not conduct Justice may withhold or withdraw On September 4, 1996, EPA commenced the following Class II or sponsor a collection of information consent to the proposed settlement unless it displays a currently valid agreement if the comments disclose proceeding for the assessment of penalties by filing with the Regional control number. Not withstanding any facts or circumstances that indicate that other provisions of law, no person shall such consent is inappropriate, Hearing Clerk, U.S. Environmental Protection Agency, Region VII, 726 be subject to any penalty for failing to improper, inadequate, or inconsistent comply with a collection of information with the requirements of the Act. Minnesota Avenue, Kansas City, Kansas 66101, (913) 551–7630, the following subject to the Paperwork Reduction Act Copies of the settlement agreement Complaint: (PRA) that does not display a valid are available from Phyllis Cochran, Air control number. Questions concerning and Radiation Division (2344), Office of In the Matter of Kansas City Power & Light the OMB control numbers and General Counsel, U.S. Environmental Company, LaCygne, Kansas, CWA Docket No. expiration dates should be directed to VII–96–W–0001. Protection Agency, 401 M Street, SW, Dorothy Conway, Federal Washington, D.C. 20460, (202) 260– The Complaint proposes a penalty of Communications Commission, (202) 7606. Written comments should be sent Six Thousand Dollars ($6,000) for the 418–0217. to Michael A. Prosper at the above discharge of 797 lube oil into or upon address and must be submitted on or LaCygne Lake and its adjoining Federal Communications Commission before [insert date 30 days after shorelines, on or about July 2, 1995, OMB Control No.: 3060–0732. publication]. without a permit issued under Section Expiration Date: 10/31/99. 54198 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

Title: Consumer Education pursuant to Section 76.221(d), the cable district in which the station is located Concerning Wireless 911 (NPRM CC 94– system operator is required to retain a when conditions beyond the control of 102). list of executive officers, or board of the licensee prevent the restoration of Form No.: N/A. directors, or executive committee, etc. of an antenna monitor to service within a Estimated Annual Burden: 1,563 the organization sponsoring the 120 day period. Section 73.69(d)(1) annual hour; average 30 minutes to 1 cablecast. Sponsorship announcements requires that AM licensees with hour per respondent; 2,500 respondents. are waived with respect to the broadcast directional antennas request and obtain Description: The Commission has of ‘‘want ads’’ sponsored by the temporary authority to operate with proposed a consumer education individual but the licensee shall parameters at variance with licensed program to address a concern that maintain a list showing the name, values when an authorized antenna consumers may not have a sufficient address and telephone number of each monitor is replaced pending issuance of understanding of technological advertiser pursuant to Section 72.221(f). a modified license specifying new limitations that impede the transmission This list shall be made available for parameters. Section 73.69(d)(5) requires of wireless 911 calls. Wireless carriers public inspection. AM licensees with directional antennas would be required to inform customers OMB Control No.: 3060–0311. to submit an informal request for regarding the scope of their services, Expiration Date: 9/30/99. modification of license to the FCC including technical limitations that can Title: Section 76.54 Significantly within 30 days of the date of antenna impede transmission of wireless viewed signals; method to be followed monitor replacement. services in providing access to 911. for special showing. OMB Control No.: 3060–0309. OMB Control No.: 3060–0069. Form: N/A. Expiration Date: 9/30/99. Expiration Date: 9/30/99. Estimated Annual Burden: 24 total Title: Section 74.1281 Station Title: Application for Commercial annual hours; average 2 hours per Records. Radio Operator License. respondent; 12 respondents. Form: N/A. Form No.: FCC 756. Description: Section 76.54 requires Estimated Annual Burden: 2,450 total Estimated Annual Burden: 6,270 that notice of an audience survey that is annual hours; 1 hour per response; annual hours; 20 minutes per conducted by an organization for 2,450 respondents. respondent; 19,000 respondents. significantly viewed signal purposes Description: Section 74.1281 requires Description: The Communications Act must be served on all licensees or that licensees of FM translator/booster requires the FCC to determine the permittee of television broadcast stations maintain separate records. The qualifications of radio operators and stations within whose predicted Grade records include the current instrument license those qualified. This form is Be contour the cable community or authorization, official correspondence used to determine these qualifications. communities are located, and all other with FCC, maintenance records, OMB Control No.: 3060–0714. system community units, franchisees contracts, permission for rebroadcasts Expiration Date: 9/30/99. and franchise applicants in the cable and other pertinent documents. They Title: Antenna Registration Number community or communities, as well as also include entries concerning any Required to as Supplement to the franchise authority. This notification extinguishment or improper operation Application Forms. shall be made at least 30 days prior to of tower lights. Form: N/A. Estimated Annual Burden: 43,344 the initial survey period and shall OMB Control No.: 3060–0263. total annual hours; average 5 minutes include the name of the survey Expiration Date: 9/30/99. per respondent; 516,000 responses. organization and a description of the Title: 90.177 Protection of certain Description: Effective July 1, 1996, the procedures to be used. radio receiving locations. current antenna clearance procedures OMB Control No.: 3060–0225. Form: N/A. were replaced with a uniform Expiration Date: 9/30/99. Estimated Annual Burden: 150 total registration procedure that applies to Title: 90.131(b) Amendment or annual hours; average 30 minutes per antenna structure owners. Structure dismissal of applications. respondent; 300 responses. owners receive an antenna structure Form: N/A. Description: This rule requires registration number which is unique Estimated Annual Burden: 4 total applicants proposing to locate near number identifying the structure. The annual hours; average .166 hours; 25 certain radio receiving sites to notify Commission requires this registration responses. those parties. Requirement protects number to be submitted with any of the Description: Section 90.131(b) allows critical national security and research applications for licensing. Collecting the applicants to dismiss any pending sites from interference. registration number will enable the application by sending a written OMB Control No.: 3060–0735. commission to maintain a registration request. Information will alert licensing Expiration Date: 9/30/99. database as well as process the personnel of applicant’s desire to Title: Geographic Partitioning and applications with unnecessary delay discontinue processing of application. Spectrum Disaggregation by Commercial related to antenna structure OMB Control No.: 3060–0326. Mobile Radio Services Licensees and discrepancies. Expiration Date: 9/30/99. Implementation of Section 257 of the OMB Control No.: 3060–0315. Title: Section 73.69 Antenna Communications Act—Elimination of Expiration Date: 9/30/99. Monitors. Market Entry Barriers (Notice of Title: Section 76.221 Sponsorship Form: N/A. Proposed Rulemaking WT Docket 96– identification; list retention; related Estimated Annual Burden: 30 total 148). requirements. annual hours; average 1.5 hours per Form: N/A. Form: N/A. respondent; 20 responses. Estimated Annual Burden: 11,665 Estimated Annual Burden: 225 total Description: Section 73.69(c) requires total annual hours; average .5–3 hours annual hours; average 30 minutes per AM station licensees with directional per respondent; 10,370 responses. respondent; 450 respondents. antennas to file an informal request to Description: On June 28, 1996 the Description: When a cablecast is of a operate without required monitors with Commission adopted a NPRM proposing political or controversial nature the Engineer in Charge of the radio certain modifications to our broadband Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54199 personal communications service (PCS) OMB Control No.: 3060–0393. Description: Section 1.420 requires a rules to expand our geographic Expiration Date: 10/31/99. petitioner seeking to withdraw or partitioning and spectrum Title: Section 73.54 Antenna dismiss its expression of interest in disaggregation provisions. The Resistance and Reactance allotment proceedings to file a request Commission believes that the proposals Measurements. for approval. This request would made will facilitate the efficient use of Form: N/A. include a copy of any related written broadband PCS spectrum by providing Estimated Annual Burden: 50 total agreement and an affidavit certifying licensees with additional flexibility to annual hours; average .25–1 hour per that neither the party withdrawing its tailor their business strategies, will respondent; 200 responses. interest nor its principals has received increase competition by allowing Description: Section 73.54(d) requires any consideration in excess of legitimate market entry by new players, and will that AM Licensees file notification with and prudent expenses in exchange for expedite the provision of broadband the FCC when determining power by the dismissing/withdrawing its petition, an PCS service to areas that may not direct method. This notification itemization of the expenses for which it otherwise receive broadband PCS or requirement is accomplished through a is seeking reimbursement, and the terms other wireless services in the near formal application process and has of any oral agreement. Each remaining future. For ease of administration and to OMB approval under FCC form 302. In party to any written or oral agreement lessen the burden on applicants by addition, § 73.54(d) requires that must submit an affidavit within 5 days adopting new filing requirements we background information regarding of petitioner’s request for approval propose to follow existing partial antenna resistance measurement data stating that it has paid no consideration assignment procedures for broadband from AM stations must be kept on file to the petitioner in excess of the PCS licenses in reviewing requests for at the station. petitioner’s legitimate and prudent geographic partitioning, disaggregation OMB Control No.: 3060–0175. expenses. The data is used by FCC staff or a combination of both. Expiration Date: 10/31/99. to ensure that an expression of interest OMB Control No.: 3060–0641. Title: Section 73.1250 Broadcasting in applying for, constructing, and Expiration Date: 9/30/99. Emergency Information. operating a station was filed under Title: Notification to File Progress Form: N/A. appropriate circumstances and not to Report. Estimated Annual Burden: 50 total extract payment in excess of legitimate Form: FCC 218–I. annual hours; average 1 hour per and prudent expenses. Estimated Annual Burden: 587 total respondent; 50 responses. annual hours; average 1 hour per OMB Control No.: 3060–0251. Description: Emergency situations in respondent; 587 responses. Expiration Date: 10/31/99. Description: Section 95.833 requires which the broadcasting of information is Title: Section 74.833 Temporary that each IVDS licensee file a progress considered as furthering the safety of Authorization. report at the conclusion of each life and property include, but are not Form: N/A. benchmark period to information the limited to, tornadoes, hurricanes, floods, Estimated Annual Burden: 12 total Commission of the construction status tidal waves, earthquakes, and school annual hours; average 2 hours per of the system. The Commission rules closing. Section 73.1250(e) requires that respondent; 6 responses. were recently revised to eliminate the immediately upon cessation of an Description: Section 74.833 requires requirement for submission of progress emergency during which broadcast that requests for special temporary reports at the conclusion of the one year facilities were used for the transmission authorization be made by informal benchmark. Submissions are now of point-to-point messages or when applications for low power auxiliary required only at the conclusion of the daytime facilities were used during station operations which cannot be three and five year benchmark periods. nighttime hours by an AM station, a conducted in accordance with § 74.24 of report in letter form shall be forwarded the FCC’s rules and for operations of a OMB Control No.: 3060–0057. to the FCC in Washington, D.C., setting Expiration Date: 9/30/99. temporary nature. (Section 74.24 states Title: Application for Equipment forth the nature of the emergency, the that classes of broadcast auxiliary Authorization Sections 2.911, 2.963(a), dates and hours of the broadcasting of stations may be operated on a short-term 2.975(a), 2.983, 2.1003(a). emergency information and a brief basis under the authority conveyed by a Form: FCC 731. description of the material carried Part 73 licensee without prior Estimated Annual Burden: 134,400 during the emergency. A certification of authorization from the FCC, subject to total annual hours; average 18–30 hours compliance with the certain conditions.) The data is used by per respondent; 5,600 responses. noncommercialization provision must FCC staff to insure that the temporary Description: Commission rules require accompany the report where daytime operation of a low power auxiliary approval prior to marketing of facilities are used during nighttime station will not cause interference to equipment regulated under certain Part hours by an AM station. The report is other existing stations and to assure 15 and Part 18 rule sections, based on used by FCC staff to evaluate the need compliance with current FCC rules and a showing of compliance with technical and nature of the emergency broadcast regulations. standards established in the rules for to confirm that an actual emergency OMB Control No.: 3060–0423. each device operated under the existed. Expiration Date: 10/31/99. applicable rule part. Rules governing OMB Control No.: 3060–0394. Title: Section 73.3588 Dismissal of certain equipment operating the Expiration Date: 10/31/99. petitions to deny or withdrawal of licensed services also require equipment Title: Section 1.420 Additional informal objections. authorizations established in procedural procedures in proceedings for Form: N/A. rules in Part 2. Such a showing of amendment of FM, TV or Air-Ground Estimated Annual Burden: 26 total compliance aids in controlling potential Table of Allotments. annual hours; average 20 minutes—8 interference to radio communications, Form: N/A. hours per respondent; 80 responses. and the data may be used for Estimated Annual Burden: 10 total Description: Section 73.3588 requires investigating complaints of harmful annual hours; average 20 minutes—2 a petitioner to obtain approval from the interference. hours per respondent; 30 responses. FCC to dismiss or withdraw its petition 54200 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices to deny when it is filed against a EEO program for its station. The data is 1996. The purpose of the notice is to renewal application and applications for reviewed by FCC analysts to determine inform the general public of a meeting new construction permits, if stations will provide equal that will be held by the Federal-State modifications, transfers and employment opportunity to all qualified Joint Board on universal service. assignments. This request for approval persons without regard to race, color, FOR FURTHER INFORMATION CONTACT: must contain a copy of any written religion, sex or national origin. Astrid Carlson, Universal Service agreement, an affidavit stating that the OMB Control No.: 3060–0003. Branch, Accounting and Audits petitioner has not received any Expiration Date: 10/31/99. Division, Common Carrier Bureau, at consideration in excess of legitimate Title: Application for Amateur (202) 530–6023. and prudent expenses in exchange for Operator/Primary Station License. SUPPLEMENTARY INFORMATION: The dismissing/withdrawing its petition and Form: FCC 610. Federal-State Joint Board in CC Docket an itemization of the expenses for which Estimated Annual Burden: 30,876 No. 96–45 will hold an Open Meeting it is seeking reimbursement. Each total annual hours; average 20 minutes on Thursday, October 17, 1996 at 9:00 remaining party to any written or oral per respondent; 93,000 responses. a.m., in Room 856 at 1919 M Street, agreement must submit an affidavit Description: FCC rules require that N.W., Washington, D.C. At the meeting, within 5 days of petitioner’s request for applicants file the FCC 610 to apply for the Federal-State Joint Board will approval stating that it has paid no a new, renewed or modified license. address universal service issues set forth consideration to the petitioner in excess The form is required by the in Section 254 of the of the petitioner’s legitimate and Communications Act of 1934, as Telecommunications Act. prudent expenses. The data is used by amended. Federal Communications Commission. FCC staff to ensure that a petition to OMB Control No.: 3060–0209. deny or informal objection was filed Expiration Date: 10/31/99. Kathleen B. Levitz, under appropriate circumstances and Title: Section 73.1920 Personal Deputy Bureau Chief Common Carrier not to extract payments in excess of Attacks. Bureau. legitimate and prudent expenses. Form: N/A [FR Doc. 96–26584 Filed 10–16–96; 8:45 am] OMB Control No.: 3060–0452. Estimated Annual Burden: 338 total BILLING CODE 6712±01±P Expiration Date: 10/31/99. annual hours; average 30 minutes per Title: Section 73.3589 Threats to file respondent; 676 responses. petitions to deny or informal objections. Description: During the presentation FEDERAL ELECTION COMMISSION Estimated Annual Burden: 5 total of views on a controversial issue of Sunshine Act Meeting annual hours; average 20 minutes—1 public importance, an attack may be hour per respondent; 15 responses. made upon the honesty, character, DATE AND TIME: Tuesday, October 22, Description: Section 73.3589 requires integrity, or like personal qualities of an 1996 at 10:00 a.m. identified person or group. Section an applicant or licensee to file with the PLACE: 999 E Street, N.W., Washington, 73.1920 requires that a licensee of a FCC a copy of any written agreement D.C. related to the dismissal or withdrawal of broadcast station must transmit to the person or group attacked a notification STATUS: This Meeting Will Be Closed to a threat to file a petition to deny or the Public. informal objection and an affidavit of the date, time and identification of certifying that neither the would-be the broadcast of a personal attack, a ITEMS TO BE DISCUSSED: script or tape of the attack, and an offer petitioner nor any person or Compliance matters pursuant to 2 U.S.C. organization related to the would-be of a reasonable opportunity to respond § 437g. petitioner has not or will not receive to the attack over the licensee’s Audits conducted pursuant to 2 U.S.C. any consideration in excess of legitimate facilities. This data is used to notify a § 437g, § 438(b), and Title 26, U.S.C. and prudent expenses incurred in person or group that a personal attack Matters concerning participation in civil threatening to file. The data is used by has been made and to afford that person actions or proceedings or arbitration FCC staff to ensure that a threat to file or group attacked an opportunity to Internal personnel rules and procedures or matters affecting a particular employee a petition to deny or informal objection respond to the attack over the licensee’s was made under appropriate facilities. DATE AND TIME: Thursday, October 24, circumstances and not to extract Federal Communications Commission. 1996 at 10:00 a.m. payments in excess of legitimate and William F. Caton, PLACE: 999 E Street, N.W., Washington, prudent expenses. Acting Secretary. D.C. (Ninth Floor). OMB Control No.: 3060–0120. [FR Doc. 96–26585 Filed 10–16–96; 8:45 am] STATUS: This Meeting Will Be Open to Expiration Date: 10/31/99. BILLING CODE 6712±01±P the Public. Title: Broadcast Equal Employment ITEMS TO BE DISCUSSED: Opportunity Model Program Report. Form: FCC 396–A [CC Docket No. 96±45; DA 96±1679] Title 26 Certification Matters. Estimated Annual Burden: 2,526 total Correction and Approval of Minutes. Federal-State Joint Board on Universal annual hours; average 1 hour per Advisory Opinion 1996–43: Mark A. Dunlea Service for Green Party of New York State respondent; 2,526 responses. (tentative). Description: FCC Form 396–A is filed AGENCY: Federal Communications Administrative Matters. in conjunction with applicants seeking Commission. PERSON TO CONTACT FOR INFORMATION: authority to construct a new broadcast ACTION: Notice. station, to obtain assignment of Mr. Ron Harris, Press Officer, construction or license and/or seeking SUMMARY: On October 10, 1996 the Telephone: (202) 219–4155. authority to acquire control of an entity Federal Communications Commission Delores Hardy, holding construction permit or license. released a public notice, as required by Administrative Assistant. This program is designed to assist the law, to announce a meeting of the [FR Doc. 96–26830 Filed 10–15–96; 2:48 pm] applicant in establishing an effective Federal-State Joint Board on October 17, BILLING CODE 6715±01±M Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54201

FEDERAL EMERGENCY officials, and officials from other policy changes or innovations. The MANAGEMENT AGENCY Federal agencies involved in delivering surveys are also used to measure trends disaster assistance. and patterns in customer satisfaction. Agency Information Collection SUPPLEMENTARY INFORMATION: The FEMA will mail a written survey to a Activities: Proposed Collection; surveys are conducted in response to random sample of disaster assistance Comment Request Executive Order 12862 which requires applicants for all disasters in which ACTION: Notice and request for ‘‘all executive departments and agencies individual assistance is available. FEMA comments. that provide significant services directly proposes to conduct a phone survey of to the public’’ to meet established officials from other Federal agencies, SUMMARY: The Federal Emergency customer service standards and to state and local governments, and Management Agency (FEMA), as part of ‘‘survey customers to determine the voluntary agencies and a computerized its continuing effort to reduce kind and quality of services they want survey of FEMA disaster field office paperwork and respondent burden, and their level of satisfaction with employees. It is proposed that the phone invites the general public and other existing services.’’ and computerized surveys be conducted Federal agencies to take this Collection of Information approximately three to five times a year opportunity to comment on proposed in FY97 and after every presidentially revised information collections. In Title. FEMA Disaster Assistance and declared disaster (approximately 60 accordance with the Paperwork Operations Customer Satisfaction times a year) in FY98 and FY99. Reduction Act of 1995 (44 U.S.C. Surveys 3506(c)(2)(A)), this notice seeks Type of Information Collection. Affected Public: Individuals or comments concerning FEMA’s use of Revision households, business or other for-profit surveys to collect disaster related OMB Number: 3067–0256 institutions, not-for-profit institutions, information. FEMA will use various Form Numbers. NA Federal Government, state, local, or modes of data collection including: Abstract. The surveys provide FEMA tribal government. It is important to mailed questionnaires, phone surveys, with information about customer note that FEMA does not solicit survey and computerized surveys. The survey satisfaction while serving as a program responses from businesses or other for- respondents will be individual disaster evaluation tool. The surveys measure profit institutions but it is possible that applicants, FEMA staff, state and local satisfaction with performance and helps an individual applicant sampled will government officials, voluntary agency interpret the effects of disaster related respond as a business owner.

Estimated Total Annual Burden Hours.

No. of re- Frequency of Hours per re- Annual burden Respondent Type spondents response sponse hours

(A) (B) (C) (A x B x C)

Individual disaster assistance applicants and FEMA staff ...... 25,000 1 .25 6,250 Officials from: state and local governments, voluntary agencies, other Fed- eral agencies ...... 2,500 1 .5 1,250

Total ...... 27,500 ...... 7,500

Estimated Cost. $300,000 per year to ADDRESSES: Interested persons should Agency Information Collection the Federal Government. submit written comments to Muriel B. Activities: Submission for OMB Anderson, FEMA Information COMMENTS: Written comments are Review; Comment Request solicited to (a) evaluate whether the Collections Officer, Federal Emergency Management Agency, 500 C Street, SW, ACTION: Notice and request for proposed data collection is necessary for comments. the proper performance of the agency, Room 311, Washington, DC 20472. including whether the information shall Telephone number (202) 646–2625. SUMMARY: The Federal Emergency have practical utility; (b) evaluate the FAX number (202) 646–3524. Management Agency’s submitting a accuracy of the agency’s estimate of the FOR FURTHER INFORMATION CONTACT: request for review and approval of a burden of the proposed collection of Contact Kedra Mitchell, Program collection of information. The request is information, including the validity of Specialist, Federal Emergency submitted under the emergency the methodology and assumptions used; Management Agency, Response and processing procedures in Office of (c) enhance the quality, utility, and Recovery Directorate, Office of Management and Budget (OMB) clarity of the information to be Standards and Evaluations, (202)646– regulation 5 CFR 1320.13. FEMA is collected; and (d) minimize the burden 3381 for additional information. Contact requesting the collection of information of the collection of information on those Ms. Anderson at (202) 646–2625 for be approved by October 18, 1996, for who are to respond, including through copies of the proposed collection of use through January 1997. the use of appropriate automated, information. SUPPLEMENTARY INFORMATION. The electronic, mechanical, or other Director, FEMA has directed the Dated: October 3, 1996. technological collection techniques or Preparedness, Training, and Exercises other forms of information technology, Reginald Trujillo, Directorate to conduct a review and e.g., permitting electronic submission of Director, Program Services Division, analysis of the Emergency Education responses. Comments should be Operations Support Directorate. NETwork to determine if EENET is the received within 60 days of the date of [FR Doc. 96–26521 Filed 10–16–96; 8:45 am] most cost-effective method to design this notice. BILLING CODE 6718±01±P and deploy Emergency Management 54202 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

Institute field training and distance questionnaire will be used to obtain have practical utility; (b) evaluate the learning activities. Such training and information from previous customers, accuracy of the agency’s estimate of the development programs are provided to both users within the Agency and burden of the proposed collection of Federal, State and local governments, recipients of the training, outside the information, including the validity of private for-profit and non-profit Agency. FEMA will survey all: FEMA the methodology and assumptions used; organizations, and others to support the regional office employees who work (c) enhance the quality, utility, and establishment or enhancement of with EENET programming, and State clarity of the information to be emergency management capabilities. Emergency Management Office collected; and (d) minimize the burden The information is used by them to employees who participant in, and of the collection of information on those develop and implement necessary view, with EENET programming. In who are to respond, including through programs and organizations to save lives addition, a random sample of other the use of appropriate automated, and protect property in the event of users, i.e., State and local government, electronic, mechanical, or other emergencies. EENET is a consolidated private for-profit, not-for-private technological collection techniques or training and education support system organizations, and other employees, will other forms of information technology, that is designed to provide training be selected to complete the survey. e.g., permitting electronic submission of programs with a wide range of support FEMA expects the results of the analysis responses. Comments should be capabilities and high-tech course to provide the basis for making received within 30 days of the date of deployment vehicles in the areas of decisions for improving the quality and this notice. videotape, television production, and delivery of EENET programming, while ADDRESSES: Interested persons should videoconferencing. The review of reducing its production and deployment submit written comments to the Office EENET was included as an initiative in costs. of Management and Budget, Office of the Agency’s National Performance Affected Public: Business or other for- Information and Regulatory Affairs, Review (NPR)2 Internal Management profit, Not-for-profit institutions, ATTN: Ms. Victoria Wassmer, FEMA Recommendations. Federal Government, and State, Local or Desk Officer, Washington, DC 20503. Collection of Information Tribal Government. Number of Respondents: 1,500. FOR FURTHER INFORMATION CONTACT: Title: Emergency Education NETwork Estimated Time Per Response. 12 Contact Sue Downin, Producer, FEMA/ (EENET) 1996 User Survey. minutes. PT&E/SS, (301) 447–1073 for additional Type of Information Collection. New. information. Contact Ms. Muriel Estimated Total Annual Burden Abstract: As part of FEMA’s NPR2 Anderson at (202) 646–2625 for copies Hours. 300. Internal Management of the proposed collection of Recommendations, one of the approved Frequency of Response: This is a one- information. initiatives is to conduct a thorough time survey. Dated: October 3, 1996. analysis of EENET to determine if it is COMMENTS: Written comments are the most cost-effective method to solicited to (a) evaluate whether the Reginald Trujillo, provide the required training, and if not, proposed data collection is necessary for Director, Program Services Division, develop and implement alternative the proper performance of the agency, Operations Support Directorate. training approaches. A survey including whether the information shall BILLING CODE 6718±01±P Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54203 54204 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54205

[FR Doc. 96–26522 Filed 10–16–96; 8:45 am] BILLING CODE 6718±01±C 54206 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

[FEMA±1139±DR] Rockingham County for Individual Commonwealth of Puerto Rico (FEMA– Assistance (already designated for direct 1136–DR), dated September 11, 1996, Maryland; Amendment to Notice of a Federal assistance, Public Assistance and and related determinations. Major Disaster Declaration Hazard Mitigation). EFFECTIVE DATE: September 11, 1996. (Catalog of Federal Domestic Assistance No. AGENCY: Federal Emergency 83.516, Disaster Assistance) FOR FURTHER INFORMATION CONTACT: Management Agency (FEMA). Pauline C. Campbell, Response and Lacy E. Suiter, ACTION: Notice. Recovery Directorate, Federal Executive Associate Director, Response and Emergency Management Agency, Recovery Directorate. SUMMARY: This notice amends the notice Washington, DC 20472, (202) 646–3606. [FR Doc. 96–26526 Filed 10–16–96; 8:45 am] of a major disaster for the State of SUPPLEMENTARY INFORMATION: Notice is Maryland (FEMA–1139–DR), dated BILLING CODE 6718±02±P hereby given that the incident period for September 17, 1996, and related this disaster is closed effective determinations. [FEMA±1136±DR] September 11, 1996. EFFECTIVE DATE: October 1, 1996. (Catalog of Federal Domestic Assistance No. FOR FURTHER INFORMATION CONTACT: Puerto Rico; Amendment to Notice of 83.516, Disaster Assistance) a Major Disaster Declaration Pauline C. Campbell, Response and Dennis H. Kwiatkowski, Recovery Directorate, Federal AGENCY: Federal Emergency Deputy Associate Director, Response and Emergency Management Agency, Management Agency (FEMA). Recovery Directorate. Washington, DC 20472, (202) 646–3606. ACTION: Notice. [FR Doc. 96–26638 Filed 10–16–96; 8:45 am] SUPPLEMENTARY INFORMATION : Notice is BILLING CODE 6718±02±P hereby given that, effective this date and SUMMARY: This notice amends the notice pursuant to the authority vested in the of a major disaster for the [FEMA±1140±DR] Director of the Federal Emergency Commonwealth of Puerto Rico, (FEMA– Management Agency under Executive 1136–DR), dated September 11, 1996, South Carolina; Major Disaster and Order 12148, I hereby appoint Peter and related determinations. Cote of the Federal Emergency Related Determinations EFFECTIVE DATE: October 2, 1996. Management Agency to act as the AGENCY: Federal Emergency FOR FURTHER INFORMATION CONTACT: Federal Coordinating Officer for this Management Agency (FEMA). Pauline C. Campbell, Response and declared disaster. ACTION: Notice. This action terminates my Recovery Directorate, Federal appointment of Douglas Gore as Federal Emergency Management Agency, SUMMARY: This is a notice of the Coordinating Officer for this disaster. Washington, DC 20472, (202) 646–3606. Presidential declaration of a major (Catalog of Federal Domestic Assistance No. SUPPLEMENTARY INFORMATION: The notice disaster for South Carolina (FEMA– 83.516, Disaster Assistance) of a major disaster for the 1140–DR), dated September 30, 1996, James L. Witt, Commonwealth of Puerto Rico, is and related determinations. hereby amended to include the Director. EFFECTIVE DATE: September 30, 1996. following areas among those areas [FR Doc. 96–26523 Filed 10–16–96; 8:45 am] FOR FURTHER INFORMATION CONTACT: determined to have been adversely Pauline C. Campbell, Response and BILLING CODE 6718±02±P affected by the catastrophe declared a Recovery Directorate, Federal major disaster by the President in his Emergency Management Agency, [FEMA±1134±DR] declaration of September 11, 1996: Washington, DC 20472, (202) 646–3606. The municipalities of Juana Diaz, Manati SUPPLEMENTARY INFORMATION: Notice is North Carolina; Amendment to Notice and Trujillo Alto for Individual Assistance hereby given that, in a letter dated of a Major Disaster Declaration (already designated for Public Assistance and September 30, 1996, the President Hazard Mitigation). AGENCY: declared a major disaster under the Federal Emergency The municipalities of Rio Grande and Management Agency (FEMA). Loiza for Public Assistance (already authority of the Robert T. Stafford ACTION: Notice. designated for Individual Assistance and Disaster Relief and Emergency Hazard Mitigation). Assistance Act (42 U.S.C. 5121 et seq.), SUMMARY: This notice amends the notice (Catalog of Federal Domestic Assistance No. as follows: of a major disaster for the State of North 83.516, Disaster Assistance) I have determined that the damage in Carolina, (FEMA–1134–DR), dated Lacy E. Suiter, certain areas of the State of South Carolina, September 6, 1996, and related Executive Associate Director, Response and resulting from severe winds and flooding determinations. Recovery Directorate. associated with Hurricane Fran on September EFFECTIVE DATE: October 2, 1996. 4, 1996, and continuing, is of sufficient [FR Doc. 96–26637 Filed 10–16–96; 8:45 am] severity and magnitude to warrant a major FOR FURTHER INFORMATION CONTACT: BILLING CODE 6718±02±P disaster declaration under the Robert T. Pauline C. Campbell, Response and Stafford Disaster Relief and Emergency Recovery Directorate, Federal Assistance Act (‘‘the Stafford Act’’). I, Emergency Management Agency, [FEMA±1136±DR] therefore, declare that such a major disaster Washington, DC 20472, (202) 646–3606. exists in the State of South Carolina. Puerto Rico; Amendment to Notice of SUPPLEMENTARY INFORMATION: In order to provide Federal assistance, you The notice a Major Disaster Declaration of a major disaster for the State of North are hereby authorized to allocate from funds available for these purposes, such amounts as Carolina, is hereby amended to include AGENCY: Federal Emergency you find necessary for Federal disaster the following area among those areas Management Agency (FEMA). assistance and administrative expenses. determined to have been adversely ACTION: Notice. You are authorized to provide Public affected by the catastrophe declared a Assistance and Hazard Mitigation in the major disaster by the President in his SUMMARY: This notice amends the notice designated areas. Consistent with the declaration of September 6, 1996: of a major disaster for the requirement that Federal assistance be Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54207 supplemental, any Federal funds provided Westmoreland County for Individual SUMMARY: The Federal Emergency under the Stafford Act for Public Assistance Assistance and Hazard Mitigation (already Management Agency (FEMA) gives or Hazard Mitigation will be limited to 75 designated for direct Federal assistance). notice that the maximum amounts for percent of the total eligible costs. Botetourt County for Individual Assistance Individual and Family Grants and grants (already designated for direct Federal The time period prescribed for the assistance, Public Assistance and Hazard to State and local governments and implementation of section 310(a), Mitigation). private nonprofit facilities are adjusted Priority to Certain Applications for (Catalog of Federal Domestic Assistance No. for disasters declared on or after October Public Facility and Public Housing 83.516, Disaster Assistance) 1, 1996. Assistance, 42 U.S.C. 5153, shall be for William C. Tidball, EFFECTIVE DATE: October 1, 1996. a period not to exceed six months after Associate Director, Response and Recovery FOR FURTHER INFORMATION CONTACT: the date of this declaration. Directorate. Pauline C. Campbell, Response and Notice is hereby given that pursuant [FR Doc. 96–26525 Filed 10–16–96; 8:45 am] Recovery Directorate, Federal to the authority vested in the Director of BILLING CODE 6718±02±P Emergency Management Agency, the Federal Emergency Management Washington, DC 20472, (202) 646–3606. Agency under Executive Order 12148, I SUPPLEMENTARY INFORMATION: The hereby appoint Shelley S. Boone of the [FEMA±1135±DR] Robert T. Stafford Disaster Relief and Federal Emergency Management Agency Emergency Assistance Act, Public Law to act as the Federal Coordinating Virginia; Amendment to Notice of a Major Disaster Declaration 93–288, as amended, prescribes that Officer for this declared disaster. grants made under Section 411, I do hereby determine the following AGENCY: Federal Emergency Individual and Family Grant Program, areas of the State of South Carolina have Management Agency (FEMA). and grants made under Section 422, been affected adversely by this declared ACTION: Notice. Simplified Procedure, relating to the major disaster: Public Assistance program, shall be The counties of Dillon, Horry, Marion, and SUMMARY: This notice amends the notice adjusted annually to reflect changes in Williamsburg for Public Assistance and of a major disaster for the the Consumer Price Index for All Urban Hazard Mitigation Assistance. Commonwealth of Virginia (FEMA– Consumers published by the (Catalog of Federal Domestic Assistance No. 1135–DR), dated September 6, 1996, and Department of Labor. 83.516, Disaster Assistance) related determinations. Notice is hereby given that the James L. Witt, EFFECTIVE DATE: October 2, 1996. maximum amount of any grant made to Director. FOR FURTHER INFORMATION CONTACT: an individual or family for disaster- [FR Doc. 96–26524 Filed 10–16–96; 8:45 am] Pauline C. Campbell, Response and related serious needs and necessary BILLING CODE 6718±02±P Recovery Directorate, Federal expenses under Sec. 411 of the Act, Emergency Management Agency, with respect to any single disaster, is Washington, DC 20472, (202) 646–3606. increased to $13,100 for all disasters [FEMA±1135±DR] SUPPLEMENTARY INFORMATION: The notice declared on or after October 1, 1996. of a major disaster for the Notice is also hereby given that the Virginia; Amendment to Notice of a Commonwealth of Virginia, is hereby amount of any grant made to the State, Major Disaster Declaration amended to include the following areas local government, or to the owner or operator of an eligible private nonprofit AGENCY: Federal Emergency among those areas determined to have facility, under Sec. 422 of the Act, is Management Agency (FEMA). been adversely affected by the catastrophe declared a major disaster by increased to $46,000 for all disasters ACTION: Notice. the President in his declaration of declared on or after October 1, 1996. The increase is based on a rise in the SUMMARY: This notice amends the notice September 6, 1996: Consumer Price Index for All Urban of a major disaster for the Cumberland County for Individual Consumers of 2.9 percent for the prior Commonwealth of Virginia (FEMA– Assistance and Hazard Mitigation (already 12-month period. The information was 1135–DR), dated September 6, 1996, and designated for direct Federal assistance). published by the Department of Labor related determinations. The counties of Westmoreland and Orange for Public Assistance (already designated for during September 1996. EFFECTIVE DATE: September 27, 1996. Individual Assistance, Hazard Mitigation, (Catalog of Federal Domestic Assistance No. FOR FURTHER INFORMATION CONTACT: and direct Federal assistance). 83.516, Disaster Assistance) Pauline C. Campbell, Response and The counties of Bath and Giles for Public James L. Witt, Recovery Directorate, Federal Assistance and Hazard Mitigation (already Emergency Management Agency, designated for direct Federal assistance). Director. Washington, DC 20472, (202) 646–3606. (Catalog of Federal Domestic Assistance No. [FR Doc. 96–26636 Filed 10–16–96; 8:45 am] 83.516, Disaster Assistance) BILLING CODE 6718±02±P SUPPLEMENTARY INFORMATION: The notice of a major disaster for the Lacy E. Suiter, Commonwealth of Virginia, is hereby Executive Associate Director, Response and Recovery Directorate. Members of Senior Executive Service amended to include the following areas Performance Review Board among those areas determined to have [FR Doc. 96–26635 Filed 10–16–96; 8:45 am] been adversely affected by the BILLING CODE 6718±02±P AGENCY: Federal Emergency catastrophe declared a major disaster by Management Agency (FEMA). the President in his declaration of ACTION: Notice. September 6, 1996: Notice of Adjustment of Disaster Grant Amounts SUMMARY: This notice lists the names of The county of Albemarle and the the members of the FEMA Senior independent city of Charlottesville for AGENCY: Federal Emergency Executive Service Performance Review Individual Assistance, Public Assistance and Management Agency (FEMA). Board. Hazard Mitigation (already designated for ACTION: Notice. direct Federal assistance). EFFECTIVE DATE: July 18, 1996. 54208 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

FOR FURTHER INFORMATION CONTACT: Formations of, Acquisitions by, and percent of the voting shares of B & K Denise R. Yachnik, Executive Mergers of Bank Holding Companies Bancorporation, West Des Moines, Iowa, Coordinator, Office of Human Resources and thereby indirectly acquire Liberty The companies listed in this notice Management, 500 C Street, S.W., Bank & Trust Company, Bloomfield, Washington, DC 20472, (202) 646–3040. have applied to the Board for approval, pursuant to the Bank Holding Company Iowa; Winnebago County SUPPLEMENTARY INFORMATION: The Act of 1956 (12 U.S.C. 1841 et seq.) Bancorporation, West Des Moines, Iowa, names of the members of the FEMA (BHC Act), Regulation Y (12 CFR Part and thereby indirectly acquire Liberty Senior Executive Service Performance 225), and all other applicable statutes Bank & Trust Company, Forest City, Review Board established under 5 and regulations to become a bank Iowa; L.B.T. Bancorporation, West Des U.S.C. 4314 (c)(4) are: holding company and/or to acquire the Moines, Iowa, and thereby indirectly John L. Matticks, Donald G. Bathurst, assets or the ownership of, control of, or acquire Liberty Bank & Trust Company, Robert P. Fletcher, James L. Taylor, the power to vote shares of a bank or Lake Mills, Iowa; First Liberty Bancorp., Michelle M. Burkett, Gordon D. bank holding company and all of the West Des Moines, Iowa, and thereby Fullerton, Laurence W. Zensinger, banks and nonbanking companies indirectly acquire Liberty Bank & Trust, Dennis E. Owens. owned by the bank holding company, Mason City, Iowa; BW3 Bancorporation, including the companies listed below. West Des Moines, Iowa, and thereby Dated: October 8, 1996. The applications listed below, as well indirectly acquire Liberty Bank & Trust John P. Carey, as other related filings required by the Company, NA, Pocahontas, Iowa; I.S.B. Gneral Counsel. Board, are available for immediate Bancorporation, Inc., West Des Moines, [FR Doc. 96–26639 Filed 10–16–96; 8:45 am] inspection at the Federal Reserve Bank Iowa, and thereby indirectly acquire BILLING CODE 6718±01±P indicated. Once the application has Liberty Bank & Trust Company, been accepted for processing, it will also Woodbine, Iowa; A.B.C. Bancorporation, be available for inspection at the offices Inc., Tucson, Arizona, and thereby of the Board of Governors. Interested indirectly acquire and Liberty Bank & persons may express their views in FEDERAL RESERVE SYSTEM Trust Company, Tucson, Arizona. writing on the standards enumerated in Change in Bank Control Notices; the BHC Act (12 U.S.C. 1842(c)). If the In connection with this application, Acquisitions of Shares of Banks or proposal also involves the acquisition of Applicant also has applied to acquire Bank Holding Companies a nonbanking company, the review also L.S.B. Bancorp., West Des Moines, Iowa, includes whether the acquisition of the and thereby indirectly acquire Liberty The notificants listed below have nonbanking company complies with the Savings Bank, FSB, Johnston, Iowa; applied under the Change in Bank standards in section 4 of the BHC Act, Liberty Loan Store, West Des Moines, Control Act (12 U.S.C. 1817(j)) and § including whether the acquisition of the Iowa; Liberty Mortgage Company, West 225.41 of the Board’s Regulation Y (12 nonbanking company can ‘‘reasonably Des Moines, Iowa; and Liberty Leasing CFR 225.41) to acquire a bank or bank be expected to produce benefits to the Company, West Des Moines, Iowa, and holding company. The factors that are public, such as greater convenience, thereby engage in operating a savings considered in acting on the notices are increased competition, or gains in association, pursuant to § 225.25(b)(9) set forth in paragraph 7 of the Act (12 efficiency, that outweigh possible of the Board’s Regulation Y; in making U.S.C. 1817(j)(7)). adverse effects, such as undue and servicing loans, pursuant to § The notices are available for concentration of resources, decreased or 225.25(b)(1) of the Board’s Regulation Y; immediate inspection at the Federal unfair competition, conflicts of in consumer finance counseling, Reserve Bank indicated. Once the interests, or unsound banking practices’’ pursuant to § 225.25(b)(20) of the (12 U.S.C. 1843). Any request for notices have been accepted for Board’s Regulation Y; in arranging a hearing must be accompanied by a processing, they will also be available commercial real estate equity financing, for inspection at the offices of the Board statement of the reasons a written presentation would not suffice in lieu of pursuant to § 225.25(b)(14) of the of Governors. Interested persons may Board’s Regulation Y; and in leasing express their views in writing to the a hearing, identifying specifically any questions of fact that are in dispute, personal and real property, pursuant to Reserve Bank indicated for that notice § 225.25(b) of the Board’s Regulation Y. or to the offices of the Board of summarizing the evidence that would Governors. Comments must be received be presented at a hearing, and indicating B. Federal Reserve Bank of St. Louis not later than October 30, 1996. how the party commenting would be (Randall C. Sumner, Vice President) 411 aggrieved by approval of the proposal. Locust Street, St. Louis, Missouri 63166: A. Federal Reserve Bank of Atlanta Unless otherwise noted, nonbanking (Zane R. Kelley, Vice President) 104 1. Albany Bancorp, Inc., Albany, activities will be conducted throughout Kentucky; to acquire 100 percent of the Marietta Street, N.W., Atlanta, Georgia the United States. 30303: Unless otherwise noted, comments voting shares of First National Bancorp 1. Eldred Ralph and Mary Lou regarding each of these applications of Columbia, Inc., Columbia, Kentucky, Crawford, both of Treasure Island, must be received at the Reserve Bank and thereby indirectly acquire First Florida; to retain a total of 23.96 percent indicated or the offices of the Board of National Bank of Columbia, Columbia, of the voting shares of First Central Governors not later than November 8, Kentucky. Bank, St. Petersburg, Florida. 1996. Board of Governors of the Federal Reserve A. Federal Reserve Bank of Chicago Board of Governors of the Federal Reserve System, October 10, 1996. System, October 10, 1996. (James A. Bluemle, Vice President) 230 Jennifer J. Johnson South LaSalle Street, Chicago, Illinois Deputy Secretary of the Board Jennifer J. Johnson, 60690: Deputy Secretary of the Board. 1. Liberty Financial Corporation, West [FR Doc. 96–26623 Filed 10–16–96; 8:45 am] [FR Doc. 96–26622 Filed 10–16–96; 8:45 am] Des Moines, Iowa; to become a bank BILLING CODE 6210±01±F BILLING CODE 6210±01±F holding company by acquiring 100 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54209

DEPARTMENT OF HEALTH AND Centers for Disease Control and of data collection using the redesigned HUMAN SERVICES Prevention NHIS data system. This data collection, planned for January–December 1997, [30DAY±21] Office of the Secretary will result in publication of new Agency Forms Undergoing Paperwork national estimates of health statistics Section 601, Effective Medication Reduction Act Review and release of public use micro data Guides of the Agriculture, Rural files. The new data system is expected Development, Food and Drug The Centers for Disease Control and to be in the field for at least 10 years. Administration, and Related Agencies Prevention (CDC) publishes a list of The total cost to respondents is Appropriations Act of 1997 (P.L. 104± information collection requests under estimated at $697,500. 180) Delegation of Authority review by the Office of Management and Budget (OMB) in compliance with the No. of No. of Avg. Paperwork Reduction Act (44 U.S.C. re- burden/ Notice is hereby given that I have Respondents re- sponses/ re- delegated to the Assistant Secretary for Chapter 35). To request a copy of these spond- ents respond- sponse Health, Office of Public Health and requests, call the CDC Reports Clearance ent (in hrs.) Science, with authority to redelegate, as Office on (404) 639–7090. Send written comments to CDC, Desk Officer; Human Family ...... 42,000 1 0.5 appropriate, all the authorities vested in Resources and Housing Branch, New Sample adult 42,000 1 0.5 the Secretary of Health and Human Executive Office Building, Room 10235; Sample child 18,000 1 0.25 Services under Section 601, Effective Washington, DC 20503. Written Medication Guides of the Agriculture, comments should be received within 30 The total annual burden is 46,500. Rural Development, Food and Drug days of this notice. Dated: October 9, 1996. Administration, and Related Agencies The following requests have been [FR Doc. 96–26628 Filed 10–16–96; 8:45 am] Appropriations Act of 1997 (P.L. 104– submitted for review since the last BILLING CODE 4163±18±P 180), as amended hereafter. publication date on September 24, 1996. Functions vested in the Secretary Proposed Project under Section 601 of P.L. 104–180 are Health Care Financing Administration 1. 1997 National Health Interview as follows: to request that relevant Survey, Basic Module—(0920–0214)— [HCFA±605] parties collaborate on the development Revision—The annual National Health Agency Information Collection and submission of an acceptable long- Interview Survey (NHIS) is a basic range action plan consistent with the Activities: Proposed Collection; source of general statistics on the health Comment Request goals of FDA Proposed Rule (60 FR, of the U.S. population. Due to the 44182, August 24, 1995); to review, integration of health surveys in the In compliance with the requirement accept, suggest modification or reject Department of Health and Human of section 3506(c)(2)(A) of the the plan within 30 days of submission; Services, the NHIS also has become the Paperwork Reduction Act of 1995, the to confer with and assist private parties sampling frame and first stage of data Health Care Financing Administration in the development of the plan; not later collection for other major surveys, (HCFA), Department of Health and than January 1, 2001, to review the including the Medical Expenditure Human Services, is publishing the status of private sector initiatives in Panel Survey, the National Survey of following summary of proposed achieving the goals of the plan Family Growth, and the National Health collections for public comment. described in 60 FR, 44182, August 24, and Nutrition Examination Survey. By Interested persons are invited to send 1995; and to seek public comment on linking to the NHIS, the analysis comments regarding the burden other initiatives that may be carried out potential of these surveys increases. The estimate or any other aspect of this to meet those goals. This delegation NHIS has long been used by collection of information, including any excludes the authority to submit reports government, university, and private of the following subjects: (1) The to Congress. researchers to evaluate both general necessity and utility of the proposed health and specific issues, such as information collection for the proper This delegation is effective upon date cancer, AIDS, and childhood performance of the agency’s functions; of signature. In addition, I have affirmed immunizations. Journalists use its data (2) the accuracy of the estimated and ratified any actions taken by the to inform the general public. It will burden; (3) ways to enhance the quality, Assistant Secretary for Health, Office of continue to be a leading source of data utility, and clarity of the information to Public Health and Science, or his for the Congressionally-mandated be collected; and (4) the use of subordinates which, in effect, involved ‘‘Health US’’ and related publications, automated collection techniques or the exercise of the authorities delegated as well as the single most important other forms of information technology to herein prior to the effective date of the source of statistics to track progress minimize the information collection delegation. toward the National Health Promotion burden. Type of Information Collection Dated: October 7, 1996. and Disease Prevention Objectives, ‘‘Healthy People 2,000.’’ Request: Revision of a currently Donna E. Shalala, Because of survey integration and approved collection; Title of Secretary. changes in the health and health care of Information Collection: Hospital [FR Doc. 96–26666 Filed 10–16–96; 8:45 am] the U.S. population, demands on the Provider of Extender Care Services BILLING CODE 4160±01±M NHIS have changed and increased, (Swing-Beds) in the Medicare and leading to a major redesign which was Medicaid Programs, 42 CFR 447.280; tested and partially implemented in Form No.: HCFA–605; Use: This is a 1996. Improved information technology facility identification and screening was included, especially computer form. It will be completed by a hospital assisted personal interviewing (CAPI). that is requesting approval. It initiates This clearance is for the first full year the process of determining the hospital’s 54210 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices eligibility and also requests approval for Opportunity Program and the Minority 7470 ext. 121 (this is not a toll-free their bed count category. Frequency: Faculty Fellowship Program. number) for copies of the proposed Other (one time usage for initial A workshop will be conducted on forms and other available documents. application); Affected Public: Business November 13 and will be repeated on SUPPLEMENTARY INFORMATION: The or other for profit, Not for profit November 14, 1996 in the Parklawn Department will submit the proposed institutions, and Federal Government; Building Conference Center, 5600 information collection to OMB for Number of Respondents: 1,500; Total Fishers Lane, Rockville, Maryland review, as required by the Paperwork Annual Hours: 375. 20857. Each workshop is limited to 100 Reduction Act of 1995 (44 U.S.C. To obtain copies of the supporting attendees; therefore, individuals Chapter 35, as amended). statement for the proposed paperwork requesting to attend one (1) of these The Notice is soliciting comments collections referenced above, access workshops must register in advance from members of the public and HCFA’s WEB SITE ADDRESS at http:// with Ms. Carolyn Robinson at (301) affecting agencies concerning the www.hcfa.gov, or to obtain the 443–4493 or by FAX on (301) 443–5242. proposed collection of information to: supporting statement and any related The program will commence at 8:30 (1) Evaluate whether the proposed forms, E-mail your request, including a.m. each day and will conclude by 5:00 collection of information is necessary your address and phone number, to p.m. Attendees must make their own for the proper performance of the [email protected], or call the Reports hotel reservations. Expenses incurred by functions of the agency, including Clearance Office on (410) 786–1326. attendees will not be supported by the whether the information will have Written comments and Federal government. Participation in the practical utility; (2) Evaluate the recommendations for the proposed technical assistance meetings does not accuracy of the agency’s estimate of the information collections must be mailed assure approval and funding of burden of the proposed collection of within 60 days of this notice directly to applications submitted for competitive information; (3) Enhance the quality, the HCFA Paperwork Clearance Officer review. designated at the following address: utility, and clarity of the information to HCFA, Office of Financial and Human Dated: October 9, 1996. be collected; and (4) Minimize the Resources, Management Analysis and Ciro V. Sumaya, burden of the collection of information Planning Staff, Attention: Louis Blank, Administrator. on those who are to respond; including Room C2–26–17, 7500 Security [FR Doc. 96–26687 Filed 10–16–96; 8:45 am] through the use of appropriate Boulevard, Baltimore, Maryland 21244– BILLING CODE 4160±15±M automated collection techniques or 1850. other forms of information technology, Dated: October 3, 1996. e.g., permitting electronic submission of responses. Edwin J. Glatzel, DEPARTMENT OF HOUSING AND Director, Management Analysis and Planning URBAN DEVELOPMENT This Notice also lists the following information: Staff, Office of Financial and Human [Docket No. FR±4086±N±59] Resources. Title of Proposal: Monthly Digest of [FR Doc. 96–26620 Filed 10–16–96; 8:45 am] Office of the Assistant Secretary for Current Housing Situation. BILLING CODE 4120±03±P Housing-Federal Housing OMB Control Number: 2502–0250. Commissioner; Notice of Proposed Description of the need for the Information Collection for Public information and the proposed use: To Health Resources and Services Comment provide a timely series of Administration comprehensive information detailing AGENCY: Office of the Assistant interest rates and the availability of Announcement of Technical Secretary for Housing-Federal Housing financing for FHA-insured and Assistance Workshops for Programs Commissioner, HUD. conventional first mortgage loans and Administered by the Division of ACTION: Notice. Disadvantaged Assistance, Bureau of trends in the home construction market. Health Professions SUMMARY: The proposed information Agency form numbers: HUD–2499. collection requirement described below Members of affected public: Business SUMMARY: The Health Resources and will be submitted to the Office of or other for-profit. Services Administration (HRSA) Management and Budget (OMB) for announces that technical assistance An estimation of the total numbers of review, as required by the Paperwork workshops will be held for the FY 1997 hours needed to prepare the information Reduction Act. The Department is competitive grant cycles for the Health collection is 520, number of Careers Opportunity Program and the soliciting public comments on the respondents is 3,120 frequency response Minority Faculty Fellowship Program. subject proposal. is monthly and the collection of information is estimated to average 10 FOR FURTHER INFORMATION CONTACT: DATES: Comments due: December 16, Dr. William S. Brooks, Division of 1996. minutes per response. Status of the Disadvantaged Assistance, Bureau of ADDRESSES: Interested persons are proposed information collection: Health Professions, Health Resources invited to submit comments regarding Extension of a currently approved and Services Administration, Parklawn this proposal. Comments should refer to collection. Building, Room 8A–09, 5600 Fishers the proposal by name and/or OMB Authority: Secton 3506 of the Paperwork Lane, Rockville, Maryland 20857, (301) Control Number and should be sent to: Reduction Act of 1995, 44 U.S.C. Chapter 35, 443–4493. Oliver Walker, Housing, Department of as amended. SUPPLEMENTARY INFORMATION: The Housing and Urban Development, 451— Dated: October 1, 1996. Division of Disadvantaged Assistance 7th Street SW., Room 9116, Washington, Nicolas P. Retsinas, will be conducting two (2) technical DC 20410. Assistant Secretary for Housing-Federal assistance workshops for potential FOR FURTHER INFORMATION CONTACT: Housing Commissioner. applicants for the FY 1997 competitive Michael Wells, Program Evaluation [FR Doc. 96–26570 Filed 10–16–96; 8:45 am] grant cycles for the Health Careers Division, Telephone number (202) 755– BILLING CODE 4210±27±M Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54211

Office of the Secretary ratifying all actions taken by the and to the Deputy Assistant Secretary Assistant Secretary for Community for Grant Programs. [Docket No. FR 4108±D±03] Planning and Development on behalf of FOR FURTHER INFORMATION CONTACT: Delegation of Authority for the Loan the Secretary, from September 5, 1996, Anthony Johnston, Deputy Director, Guarantee Recovery Fund through the date of the signature of this Financial Management Division, Office document, with respect to the Church of Block Grant Assistant, Room 7180, AGENCY: Office of the Secretary, HUD. Arson Prevention Act of 1996. Department of Housing and Urban ACTION: Notice of delegation of Accordingly, the Secretary delegates Development, 451 7th Street, S.W., authority. authority as follows: Washington, D.C. 20410, (202) 708– Section A. Authority Delegated 1871. A TTY number is available for SUMMARY: This notice delegates the hearing/speech-impaired individuals at authority to administer the Loan The Secretary of the Department of (202) 708–1455. This number may also Guarantee Recovery Program, Housing and Urban Development be accessed via TTY by calling the Authorized by the Church Arson delegates to the Assistant Secretary for Federal Information Relay Service at 1– Prevention Act of 1996, from the Community Planning and Development 800–877–8399. FAX inquiries may be Secretary of the Department of Housing all power and authority granted by sent to Mr. Johnston at (202) 708–1798. and Urban Development to the Assistant Section 4 of the Church Arson Other than the ‘‘800’’ number, these Secretary for Community Planning and Prevention Act of 1996, entitled the telephone numbers are not toll-free. Development. Loan Guarantee Recovery Fund, except SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: as provided in Section B of this Church Arson Prevention Act of 1996, Anthony Johnston, Deputy Director, delegation of authority. Public Law 104–155, 110 Stat. 1392, Financial Management Division, Office Section B. Authority Excepted approved July 3, 1996, provides Federal, of Block Grant Assistance, Room 7180, State and local law-enforcement The authority delegated under Section Department of Housing and Urban agencies with additional means to A does not include the power to sue and Development, 451 7th Street, S.W., address violent crimes against places of be sued. Washington, D.C. 20410, (202) 708– worship, strengthens the penalties for 1871. A TTY number is available for Section C. Actions Ratified the commission of these crimes, and hearing/speech-impaired individuals at The Secretary of the Department of authorizes Federal assistance for (202) 708–1455. This number may also rebuilding efforts. Section 4 of the Act, be accessed via TTY by calling the Housing and Urban Development hereby ratifies all actions previously entitled ‘‘Loan Guarantee Recovery Federal Information Relay Service at 1– Fund,’’ authorizes the Secretary of the 800–877–8399. FAX inquiries may be taken by the Assistant Secretary for Community Planning and Development, Department of Housing and Urban sent to Mr. Johnston at (202) 708–1798. Development (the ‘‘Secretary’’) to Other than the ‘‘800’’ number, these pursuant to this Act, from September 5, 1996, through the present date. guarantee loans made by financial telephone numbers are not toll-Free. institutions to assist certain nonprofit SUPPLEMENTARY INFORMATION: The Authority: Section 7(d), Department of organizations that have been damaged Church Arson Prevention Act of 1996, Housing and Urban Development Act, 42 as a result of acts of arson or terrorism. U.S.C. § 3535 (d). Pub. L. 104–155, 110 Stat. 1392, The Act provides that the Secretary may approved July 3, 1996, provides Federal, Dated: October 8, 1996. use this guarantee authority to subsidize State and local law-enforcement Henry G. Cisneros, up to $10 million in loan principal in agencies with additional means to Secretary of Housing and Urban accordance with such procedures as he address violent crimes against places of Development. may establish by regulation. worship, strengthens the penalties for [FR Doc. 96–26568 Filed 10–16–96; 8:45 am] Elsewhere in today’s Federal Register, the commission of these crimes, and BILLING CODE 4210±32±M the Secretary transferred to the Assistant authorizes Federal assistance for Secretary for Community Planning and rebuilding efforts. Section 4 of the Act, Development the authority with respect [Docket No. FR±4108±D±04] entitled ‘‘Loan Guarantee Recovery to the Loan Guarantee Recovery Fund. Fund,’’ authorizes the Secretary of the Office of the Assistant Secretary for Thus, by this redelegation, the Assistant Department of Housing and Urban Community Planning and Secretary for Community Planning and Development (the ‘‘Secretary’’) to Development; Redelegation of Development redelegates to the General guarantee loans made by financial Authority for the Loan Guarantee Deputy Assistant Secretary for institutions to assist certain nonprofit Recovery Fund Community Planning and Development organizations that have been damaged and to the Deputy Assistant Secretary as a result of acts of arson or terrorism. AGENCY: Office of the Assistant for Grant Programs all power and The Act provides that the Secretary may Secretary for Community Planning and authority granted by Section 4 of the use this guarantee authority to subsidize Development, HUD. Church Arson Prevention Act of 1996. up to $10 million in loan principal in ACTION: Notice of redelegation of The authority delegated does not accordance with such procedures as he authority. include the authority to sue or be sued. may establish by regulation. Accordingly, the Assistant Secretary The present document delegates to SUMMARY: This notice redelegates the for Community Planning and the Assistant Secretary for Community authority to administer the Loan Development redelegates authority as Planning and Development all power Guarantee Recovery Program, follows: and authority granted by Section 4 of authorized by the Church Arson the Church Arson Prevention Act of Prevention Act of 1996, from the Section A. Authority Delegated 1996. The authority delegated does not Assistant Secretary for Community The Assistant Secretary for include the authority to sue or be sued. Planning and Development to the Community Planning and Development Additionally, by executing the present General Deputy Assistant Secretary for redelegates individually to the General delegation of authority, the Secretary is Community Planning and Development Deputy Assistant Secretary for 54212 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

Community Planning and Development activities with endangered species. This Room 430, Arlington, Virginia 22203 and to the Deputy Assistant Secretary notice is provided pursuant to Section and must be received by the Director for Grant Programs all power and 10(c) of the Endangered Species Act of within 30 days of the date of this authority granted by Section 4 of the 1973, as amended (16 U.S.C. 1531, et publication. Church Arson Prevention Act of 1996, seq.): Documents and other information entitled the Loan Guarantee Recovery PRT–819862 submitted with these applications are Fund, except as provided in Section B Applicant: Clingerman, Larry, North Rose, available for review, subject to the of this redelegation of authority. NY. requirements of the Privacy Act and Section B. Authority Excepted The applicant requests a permit to Freedom of Information Act, by any The authority redelegated under export the sport-hunted trophy of one, party who submits a written request for Section A does not include the power to male Eld’s deer (Cervus eldi) culled a copy of such documents to the sue and be sued. from a captive herd maintained by following office within 30 days of the date of publication of this notice: U.S. Authority: Section 7(d), Department of Priour Brothers Ranch for enhancement of the species. Fish and Wildlife Service, Office of Housing and Urban Development Act, 42 Management Authority, 4401 North U.S.C. 3535(d). PRT–819865 Fairfax Drive, Room 430, Arlington, Dated: October 8, 1996. Applicant: Clingerman, Larry, North Rose, Virginia 22203. Phone: (703/358–2104); Andrew M. Cuomo, NY. FAX: (703/358–2281). Assistant Secretary for Community Planning The applicant requests a permit to Dated: October 11, 1996. and Development. export the sport-hunted trophy of one, Mary Ellen Amtower, [FR Doc. 96–26569 Filed 10–16–96; 8:45 am] male barasingha (Cervus duvauceli) BILLING CODE 4210±29±M culled from a captive herd maintained Acting Chief, Branch of Permits, Office of by Priour Brothers Ranch for Management Authority. enhancement of the species. [FR Doc. 96–26659 Filed 10–16–96; 8:45 am] DEPARTMENT OF THE INTERIOR PRT–820896 BILLING CODE 4310±55±P Fish and Wildlife Service Applicant: Fossil Rim Wildlife Center, Inc., Glen Rose, TX. Bureau of Land Management Emergency Exemption; Issuance The applicant requests a permit to export three male captive-born cheetah On September 26, 1996, the Fish and [ES±960±1420±00; ES±48258, Group 197, (Acinonyx jubatus) to Werribee Zoo, Wildlife Service (Service) published in Florida] Werribee, Victoria, Australia for the Federal Register Vol 61, No. 188, page purpose of enhancement of the species 50503, a notice of the emergency Notice of Filing of Plat of Survey; through captive breeding. issuance of a permit (PRT–819183) to Florida the Denver Zoological Gardens for the PRT–820637 import of a captive born black Applicant: Pittsburgh Zoological Park, The plat of the dependent resurvey of rhinoceros (Diceros bicornis) from the Pittsburgh, PA. the east boundary, a portion of the west and north boundaries, a portion of the Tennoji Zoological Gardens, Osaka, The applicant requests a permit to Japan. Due to health concerns at the subdivisional lines, and the survey of export one female captive-born cotton- the subdivision of sections 4, 8, 17, 20, Denver Zoological Gardens, the facility top tamarin (Saguinus oedipus) to the was unable to accept this import and on 29 and 33 and the metes-and-bounds Biodome de Montreal, Montreal, survey of certain parcels in sections 8 October 1, 1996, the Service issued a Quebec, Canada for the purpose of permit (PRT–820560) to allow the and 20, Township 12 South, Range 24 enhancement of the species through East, Tallahassee Meridian, Florida, will import of this animal to the AZA Rhino captive breeding. Advisory Group at the Caldwell Zoo, be officially filed in Eastern States, PRT–820640 Tyler Texas. The 30 day public Springfield, Virginia at 7:30 a.m., on comment period required by section Applicant: Larry Wells, Lings Mountain, NC. November 21, 1996. 10(c) of the Endangered Species Act was The applicant requests a permit to The survey was requested by the U.S. waived. The Service determined that an import one captive-born pair of Cabot’s Forest Service. emergency affecting the survival of the tragopan (Tragopan caboti) from Mr. All inquiries or protests concerning rhino existed and that no reasonable Glen Howe, Ontario, Canada for the the technical aspects of the survey must alternative was available to the purpose of enhancement of the species be sent to the Chief Cadastral Surveyor, applicant as indicated in the previous through captive breeding. Eastern States, Bureau of Land notice. PRT–820865 Management, 7450 Boston Boulevard, Dated: October 11, 1996. Applicant: St. Paul’s Como Zoo, St. Paul, Springfield, Virginia 22153, prior to Mary Ellen Amtower, MN. 7:30 a.m., November 21, 1996. Acting Chief, Branch of Permits, Office of The applicant requests a permit to Copies of the plat will be made Management Authority. import one captive-born, female snow available upon request and prepayment [FR Doc. 96–26658 Filed 10–16–96; 8:45 am] leopard (Uncia uncia) from Calgary Zoo, of the reproduction fee of $2.75 per BILLING CODE 4310±55±P Alberta, Canada, for enhancement of the copy. survival of the species through captive Dated: October 7, 1996. breeding. Notice of Receipt of Applications for Stephen G. Kopach, Permit Written data or comments should be submitted to the Director, U.S. Fish and Chief Cadastral Surveyor. The following applicants have Wildlife Service, Office of Management [FR Doc. 96–26611 Filed 10–16–96; 8:45 am] applied for a permit to conduct certain Authority, 4401 North Fairfax Drive, BILLING CODE 4310±GJ±M Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54213

Minerals Management Service Federal Outer Continental Shelf (OCS) National Battlefield Park, located in sand and gravel resources. This request Prince William County, Virginia. Notice on Outer Continental Shelf Oil was made under provisions of MMS EFFECTIVE DATE: Concurrent legislative and Gas Lease Sales regulations specifically 30 CFR 281.11. jurisdiction, pursuant to the Deed of The purpose of the RFIN is to determine AGENCY: Minerals Management Service, Cession discussed below, became whether additional interest exists in Interior. effective on October 13, 1995. obtaining leases for sand and gravel FOR FURTHER INFORMATION CONTACT: ACTION: List of Restricted Joint Bidders. resources on the OCS and to obtain Dennis Burnett, Ranger Activities other information that would be SUMMARY: Pursuant to the authority Division, National Park Service, relevant to determining whether to vested in the Director of the Minerals Washington, D.C. 20013–37127. proceed with the preparation of a Management Service by the Joint Telephone 202–208–4874. bidding provisions of 30 CFR 256.41, comprehensive environmental impact analysis. MMS has extended the SUPPLEMENTARY INFORMATION: On each entity within one of the following October 13, 1995 a Deed of Cession was groups shall be restricted from bidding comment period in response to requests from citizens and elected officials for signed by the Governor of Virginia with any entity in any other of the ceding legislative concurrent following groups at Outer Continental local meetings at which the leasing proposal would be explained in more jurisdiction over lands and waters, Shelf oil and gas lease sales to be held owned, leased or administratively during the bidding period from detail to the public. Extension of the comment period allows for inclusion of controlled by the NPS within the November 1, 1996, through April 30, boundaries of Prince William Forest 1997. The List of Restricted Joint statements from public meetings and any written comments that may follow. Park and that portion of Manassas Bidders published April 10, 1996, in the National Battlefield Park, located in DATES: All comments pertaining to the Federal Register at 70 FR 15966 covered Prince William County, Virginia. The requested lease sale that have been the period of May 1, 1996, through Deed of Cessation was subsequently submitted in writing in response to the October 31, 1996. recorded in the Clerk’s Office of the RFIN or presented orally in town Group I. Exxon Corporation; Exxon Circuit Court of Prince William County meetings and Congressional, or San Joaquin Production Co. in Manassas, Virginia on December 15, Group II. Shell Oil Co.; Shell Offshore commission hearings to date will be 1995. Acting upon a request from the Inc.; Shell Western E&P Inc.; Shell considered. Any additional written NPS to convey concurrent jurisdiction Frontier Oil & Gas Inc.; Shell comments that are received by over lands and waters situated within Consolidated Energy Resources Inc.; November 1, 1996, will be fully the administrative boundaries of the Shell Land & Energy Company; Shell considered as well. above mentioned Federal reserves, the Onshore Ventures Inc.; GalResources ADDRESSES: Written comments can be Deed of Cession was signed by Governor LLC. submitted to: The Minerals Management George F. Allen and by Attorney Group III. Mobil Oil Corp.; Mobil Oil Service, INTERMAR, 381 Elden Street, General James S. Gilmore, III, pursuant Exploration and Producing Southeast Mail Stop 4030, Herndon, Virginia, to the authority conferred upon them by Inc.; Mobil Producing Texas and New 20170–4817. FAX: (703) 787–1284. Section 7.1–21 (1988) of the Code of Mexico Inc.; Mobil Exploration and Attention: L. E. Bielak. Virginia. The acceptance of cession of Producing North America Inc. jurisdiction was signed by Roger G. Group IV. BP America Inc.; The FOR FURTHER INFORMATION: Refer to Kennedy, Director of the National Park Standard Oil Co.; BP Exploration & Oil Federal Register, Vol. 61. No. 99, p. Service, Department of the Interior, Inc.; BP Exploration (Alaska) Inc. 25501 or contact LeRon E. Bielak of MMS/INTERMAR at (703) 787–1292. pursuant to the authority conferred by Dated: October 9, 1996. 40 U.S.C. § 255. Robert E. Brown, Dated: October 10, 1996. Dated: October 10, 1996. Acting Director, Minerals Management Robert E. Brown, Chris Andress, Service. Acting Director, Minerals Management Chief, Ranger Activities Division, National [FR Doc. 96–26579 Filed 10–16–96; 8:45 am] Service. Park Service. BILLING CODE 4310±MR±M [FR Doc. 96–26578 Filed 10–16–96; 8:45 am] BILLING CODE 4310±MR±P [FR Doc. 96–26631 Filed 10–16–96; 8:45 am] BILLING CODE 4310±70±P Request for Federal Outer Continental Shelf Lease Sale for Sand and Gravel National Park Service Delaware and Lehigh Navigation Canal Resources Notice of Acceptance of Concurrent National Heritage Corridor AGENCY: Minerals Management Service Jurisdiction Commission Meeting (MMS). Interior. AGENCY: National Park Service, Interior. AGENCY: National Park Service, Interior. ACTION: Extension of comment period for Request for Information and Interest ACTION: Notice. ACTION: Notice of meeting. (RFIN). SUMMARY: Notice is hereby given of SUMMARY: This notice announces an SUMMARY: This document extends to jurisdiction changes on National Park upcoming meeting of the Delaware and November 1, 1996, the deadline for Service (NPS) lands within Prince Lehigh Navigation Canal National submission of comments solicited under William County, Virginia. The State of Heritage Corridor Commission. Notice the RFIN published on May 21, 1996, Virginia ceded concurrent legislative of this meeting is required under the (Federal Register, Vol. 61, No. 99, p. jurisdiction over lands and waters, Federal Advisory Committee Act (Pub. 25501). The original deadline for owned, leased or administratively L. 92–463). comments was July 20, 1996. The RFIN controlled by the NPS within the MEETING DATE AND TIME: Wednesday, was issued in response to a request that boundaries of Prince William Forest October 16, 1996; 1:30 p.m. until 4:30 MMS hold a competitive lease sale for Park and that portion of Manassas p.m. 54214 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

ADDRESSES: Easton City Hall Building, Mr. Richard Bartke, Chairman Commission. A transcript will be City Council Chambers, One South 3rd Ms. Naomi T. Gray available three weeks after each Street, 5th Floor, Easton, PA 18042. Mr. Michael Alexander meeting. For copies of the minutes The agenda for the meeting will focus Ms. Lennie Roberts contact the Office of the Staff Assistant, on implementation of the Management Ms. Sonia Bolan˜ os Golden Gate National Recreation Area, Action Plan for the Delaware and Mr. Redmond Kernan Building 201, Fort Mason, San Lehigh Canal National Heritage Corridor Mr. Merritt Robinson Francisco, California 94123. and State Heritage Park. The Mr. John J. Spring Dated: September 6, 1996. Commission was established to assist Mr. Joseph Williams Brian O’Neill, the Commonwealth of Pennsylvania and Ms. Amy Meyer, Vice Chair General Superintendent. its political subdivisions in planning Dr. Howard Cogswell and implementing an integrated strategy Mr. Jerry Friedman [FR Doc. 96–26632 Filed 10–16–96; 8:45 am] for protecting and promoting cultural, Ms. Yvonne Lee BILLING CODE 4310±70±M historic and natural resources. The Mr. Trent Orr Commission reports to the Secretary of Ms. Jacqueline Young Bureau of Reclamation the Interior and to Congress Mr. R. H. Sciaroni SUPPLEMENTARY INFORMATION: The Dr. Edgar Wayburn Conservation Advisory Group, Yakima Delaware and Lehigh Navigation Canal Mr. Mel Lane River Basin Water Enhancement National Heritage Corridor Commission The main agenda item at the October Project, Yakima, WA was established by Public Law 100–692, 16th meeting will be possible Advisory November 18, 1988. Commission action on the Staff Report AGENCY: Bureau of Reclamation, Interior. FOR FURTHER INFORMATION CONTACT: for the Presidio Golf Course Facilities. A Executive Director, Delaware and presentation of the draft environmental ACTION: Change in meeting dates. Lehigh Navigation Canal, National assessment on the proposed Presidio SUMMARY: In notice document 96–24488 Heritage Corridor Commission, 10 E. Golf Clubhouse and Maintenance on page 50330 in the issue of Church Street, Room P–208, Bethlehem, Facility was made before the Advisory Wednesday, September 25, 1996, [61 FR PA 18018, (610) 861–9345. Commission at the May 15, 1996 50330] make the following corrections: Dated: October 9, 1996. Advisory Commission meeting, and On page 5030 under DATES: In the first public comments were taken at the June Gerald R. Bastoni, bullet the dates previously published in 19, 1996 Advisory Commission meeting. the Federal Register for CAG meetings Executive Director, Delaware and Lehigh The 30-day comment period on this Navigation Canal NHC Commission. scheduled were October 29–30, 1997. assessment ended on June 21, 1996. [FR Doc. 96–26621 Filed 10–16–96; 8:45 am] The dates have been changed to October This meeting will also contain reports 30–31, 1996. In the third bullet dates BILLING CODE 6820±PE±M of committees and ad hoc committees, previously published in the Federal a Presidio General Manager’s Report, Register for CAG meeting scheduled and a GGNRA Superintendent’s Report. Golden Gate National Recreation Area were January 21–22, 1997. The dates The October 26 public meeting at and Point Reyes National Seashore have been changed to January 14–15, Point Reyes Station, California will Advisory Commission; Notice of 1997. The time and place remain contain updates on issues concerning Meetings unchanged. management and planning at Point FOR FURTHER INFORMATION CONTACT: Notice is hereby given in accordance Reyes NS, including issues relating to Walt Fite, Program Manager, Yakima with the Federal Advisory Committee proposal for use of structures at Laird’s River Water Enhancement Project, PO Act that the meeting of the Golden Gate Landing, issues concerning the Box 1749, Yakima, Washington 98907; National Recreation Area and Point operation of Johnson’s Oyster Company (509) 575–5848 ext. 267. Reyes National Seashore Advisory in Inverness, and the Dairy Waste Commission will be held at 7:30 p.m. Management and Reclamation Project at Dated: October 10, 1996. (PDT) on Wednesday, October 16, 1996 the Kehoe Ranch. This meeting will also James V. Cole, at the Presidio Officers Club, Presidio of contain reports of committees and ad Manager, Upper Columbia Area Office. San Francisco, California and at 1:30 hoc committees and a Point Reyes NS [FR Doc. 96–26626 Filed 10–16–96; 8:45 am] p.m. on Saturday, October 26, 1996 at Superintendent’s Report. BILLING CODE 4310±94±M the Dance Palace, corner of 5th and B Specific final agendas for these Streets, Point Reyes Station, California meetings will be made available to the to hear presentations on issues related public at least 15 days prior to each INTERNATIONAL DEVELOPMENT to management of the Golden Gate meeting and can be received by COOPERATION AGENCY National Recreation Area and Point contacting the Office of the Staff Reyes National Seashore. Assistant, Golden Gate National Overseas Private Investment The Advisory Commission was Recreation Area, Building 201, Fort Corporation established by Public Law 92–589 to Mason, San Francisco, California 94123 provide for the free exchange of ideas or by calling (415) 556–4484. The time Submission for OMB Review; between the National Park Service and for the meetings at Point Reyes Station Comment Request the public and to facilitate the will be noticed to the public at least 15 AGENCY: Overseas Private Investment solicitation of advice or other counsel days prior to these meetings. Corporation, IDCA. from members of the public on These meetings are open to the ACTION: Request for comments. problems pertinent to the National Park public. They will be recorded for Service systems in Marin, San Francisco documentation and transcribed for SUMMARY: Under the provisions of the and San Mateo Counties. dissemination. Minutes of the meetings Paperwork Reduction Act (44 U.S.C. Members of the Commission are as will be available to the public after Chapter 35), agencies are required to follows: approval of the full Advisory publish a Notice in the Federal Register Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54215 notifying the public that the Agency has assisted investors annually. The Type of Respondents: Business or prepared an information collection questionnaire allows OPIC’s assessment other institutions (except farms); request for OMB review and approval of effects of OPIC-assisted projects on individuals. and has requested public review and the U.S. economy and employment, as Standard Industrial Classification comment on the submission. OPIC well as on the environment and Codes: All. published its first Federal Register economic development abroad. Description of Affected Public: U.S. Notice on this information collection Dated: October 9, 1996. companies or citizens investing request on August 9, 1996, in 61 FR 155, James R. Offutt, overseas. at which time a 60 calendar day Reporting Hours: 6 hours per project. comment period was announced. This Assistant General Counsel, Department of Legal Affairs. Number of Responses: 160 per year. comment period ended October 8, 1996. Federal Cost: $4,000 per year. [FR Doc. 96–26534 Filed 10–16–96; 8:45 am] No comments were received in response Authority for Information Collection: to this Notice. BILLING CODE 3210±01±M Sections 231, 234(a), 239(d), and 240A This information collection of the Foreign Assistance Act of 1961, submission has now been submitted to as amended. OMB for review. Comments are again Submission for OMB Review; Comment Request Abstract (Needs and Uses): The being solicited on the need for the application is the principal document information, its practical utility, the AGENCY: Overseas Private Investment used by OPIC to determine the accuracy of the Agency’s burden Corporation, IDCA. investor’s and project’s eligibility, assess estimate, and on ways to minimize the ACTION: Request for comments. the environmental impact and reporting burden, including automated developmental effects of the project, collection techniques and uses of other SUMMARY: Under the provisions of the measure the economic effects for the forms of technology. The proposed form Paperwork Reduction Act (44 U.S.C. United States and the host country under review is summarized below. Chapter 35), agencies are required to economy, and collect information for DATES: Comments must be received publish a Notice in the Federal Register underwriting analysis. within 30 calendar days of this Notice. notifying the public that the Agency is Dated: October 11, 1996. ADDRESSES: Copies of the subject form preparing an information collection James R. Offutt, and the request for review submitted to request for OMB review and approval OMB may be obtained from the Agency and to request public review and Assistant General Counsel, Department of Legal Affairs. Submitting Officer. Comments on the comment on the submission. At OPIC’s form should be submitted to the OMB request, the Office of Management and [FR Doc. 96–26652 Filed 10–16–96; 8:45 am] Reviewer. Budget (OMB) is reviewing this BILLING CODE 3210±01±M information collection for emergency FOR FURTHER INFORMATION CONTACT: processing for 90 days, under OMB OPIC Agency Submitting Officer control number 3420–0011. DEPARTMENT OF JUSTICE Lena Paulsen, Manager, Information Comments are being solicited on the Notice of Lodging of Consent Decree Center, Overseas Private Investment need for the information, its practical Pursuant to the Comprehensive Corporation, 1100 New York Avenue utility, the accuracy of the Agency’s Environmental Response, NW., Washington, DC 20527; 202/336– burden estimate, and on ways to Compensation, and Liability Act of 8565. minimize the reporting burden, including automated collection 1980, as Amended OMB Reviewer techniques and uses of other forms of Consistent with Departmental policy, Victoria Wassmer, Office of technology. The proposed form under 28 CFR 50.7, 38 FR 19029, and 42 U.S.C. Information and Regulatory Affairs, review is summarized below. § 9622(d), notice is hereby given that on Office of Management and Budget, New DATES: Comments must be received September 30, 1996, a proposed consent Executive Office Building, Docket within 60 calendar days of this Notice. decree in the consolidated cases, United Library, Room 10102, 725 17th Street ADDRESSES: Copies of the subject form States v. AlliedSignal, Inc., et al., Civil NW., Washington, DC 20503, 202/395– and the request for review prepared for Action No. 92–2726 (SSB) and Rollins 5871. submission to OMB may be obtained Environmental Services (NJ) Inc., et al. SUMMARY OF FORM UNDER REVIEW: from the Agency Submitting Officer. v. United States, et al., Civil Action No. Type of Request: Extension of a Comments on the form should be 92–1253 (SSB), was lodged with the currently approved collection. submitted to the Agency Submitting United States District Court for the Title: Self Monitoring Questionnaire. Officer. District of New Jersey. The claims in Form Number: OPIC–162. FOR FURTHER INFORMATION CONTACT: these civil actions relate to the Frequency of Use: Annually. OPIC Agency Submitting Officer Bridgeport Rental and Oil Services Type of Respondents: Business or (‘‘BROS’’) Superfund Site (the ‘‘Site’’) in other individuals. Lena Paulsen, Manager, Information Logan Township, Gloucester County, Standard Industrial Classification Center, Overseas Private Investment New Jersey. Codes: All. Corporation, 1100 New York Avenue, Description of Affected Public: U.S. The proposed consent decree resolves N.W., Washington, D.C. 20527; 202/ the United States’ claims under the companies assisted by OPIC. 336–8565. Reporting Hours: 2 hours per form. Comprehensive Environmental Number of Responses: 180 annually. SUMMARY OF FORM UNDER REVIEW: Response, Compensation, and Liability Federal Cost: $2,700 annually. Type of Request: Revised form. Act (‘‘CERCLA’’), 42 U.S.C. § 9601 et Authority for Information Collection: Title: Application for Political Risk seq., on behalf of the U.S. Section 231(k)2, of the Foreign Investment Insurance. Environmental Protection Agency Assistance Act of 1961, as amended. Form Number: OPIC–52. (‘‘EPA’’), against 89 corporations and Abstract (Needs and Uses): The Frequency of Use: Once per investor other ‘‘Settling Defendants’’ and certain questionnaire is completed by OPIC- per project. agencies of the State of New Jersey (the 54216 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

‘‘Settling State Agencies’’). The A copy of the proposed consent decree date of this publication comments proposed consent decree also resolves may be obtained in person or by mail relating to the proposed consent claims against the United States by the from the Consent Decree Library, 1120 decrees. In addition, since the United Settling Defendants and the State of G Street NW., 4th Floor, Washington, States is further providing defendants New Jersey. In addition, the consent DC 20005. In requesting a copy, please with covenants not to sue under Section decree resolves claims by the State of enclose a check in the amount of $71.75 7003 of the Resource Conservation and New Jersey, Department of payable to the Consent Decree Library Recovery Act, 42 U.S.C. § 6973, the Environmental Protection (‘‘NJDEP’’) for the 25 cent per page reproduction United States will provide an against Settling Defendants and claims cost. opportunity for a public meeting in the by Settling Defendants against Settling Joel M. Gross, affected area, if requested within the State Agencies. Chief, Environmental Enforcement Section, thirty (30)day public comment period. Under the terms of the consent Environment and Natural Resources Division. See 42 U.S.C. § 6973(d). Any comments decree, the Hazardous Substance [FR Doc. 96–26617 Filed 10–16–96; 8:45 am] and/or requests for a public meeting Superfund will receive approximately BILLING CODE 4410±01±M should be addressed to the Assistant $109 million, and NJDEP approximately Attorney General of the Environmental $6.6 million, in satisfaction of liability and Natural Resources Division, pursuant to Section 107 of CERCLA, 42 Notice of Lodging of Consent Decrees Department of Justice, Washington, D.C. U.S.C. § 9607, for certain response costs Pursuant to the Comprehensive 20530, and should refer to United States previously incurred or to be incurred in Environmental Response, versus Federal Pacific Electric connection with the Site. In addition, Compensation, and Liability Act of Company, Inc., et. al., Civil Action No. Settling Defendants will perform, 1980, as Amended 92–11924T, D.J. Ref. 90–11–2–372A. subject to certain conditions, future Both proposed consent decrees may response actions at the Site. The Consistent with Departmental policy, be examined at the Office of the United settlement embodied in the consent 28 CFR § 50.7, 38 Fed. Reg. 19029, and States Attorney, District of decree has a total value to the 42 U.S.C. § 9622(d), notice is hereby Massachusetts, J.W. McCormack Post Hazardous Substance Superfund and given that on September 27, 1996, two Office and Courthouse, Boston, NJDEP of at least $221.5 million in cash proposed partial consent decrees in Massachusetts, 02109, and at Region I, and response actions. Approximately United States versus Federal Pacific Office of the Environmental Protection $46.7 million of that amount will be Electric Company, Inc. et. al., Civil Agency, One Congress Street, Boston, paid by Settling Defendants and the Action No. 92–11924T, were lodged Massachusetts, 02203 and at the balance by the United States on behalf with the United States District Court for Consent Decree Library, 1120 G Street, of Settling Federal Agencies. The total the District of Massachusetts. These two N.W., 4th Floor, Washington, D.C. value of the settlement could be higher, proposed consent decrees resolve the 20005, (202) 624–0892. A copy of either depending on the cost of certain United States’ claims under the proposed consent decree may be response actions to be performed under Comprehensive Environmental obtained in person or by mail from the the settlement. Response, Compensation, and Liability Consent Decree Library, 1120 G Street, The Department of Justice will receive Act (‘‘CERCLA’’), 42 U.S.C. § 9601 et N.W., 4th Floor, Washington, D.C. for a period of thirty (30) days from the seq., on behalf of the U.S. 20005. In requesting a copy, please date of this publication comments Environmental Protection Agency indicate which consent decree is relating to the proposed consent (‘‘EPA’’) against defendants Cooper desired and enclose a check (there is a decrees. In addition, because the United Industries, Inc., (‘‘Cooper’’), Federal 25 cent per page reproduction cost) in States is further providing defendants Pacific Electric Company (‘‘FPE’’), and the amount of $12.00 for the Cooper with covenants not to sue under Section Cornell-Dubilier Electronics, Inc. Decree and/or a check in the amount of 7003 of the Resource Conservation and (‘‘CDE’’) relating to the Norwood PCB $113.00 for the CDE–FPE Decree Recovery Act, 42 U.S.C. § 6973, the Superfund Site in Norwood, payable to the Consent Decree Library. United States will provide an Massachusetts. Bruce S. Gelber, opportunity for a public meeting in the Under the terms of the Consent affected area, if requested within the Decree with Cooper, Cooper shall pay Deputy Chief, Environmental Enforcement $7 million, including $6,940,000 in Section, Environment and Natural Resources thirty (30) day public comment period. Division. See 42 U.S.C. § 6973(d). Any comments satisfaction of its liability for past and [FR Doc. 96–26609 Filed 10–16–96; 8:45 am] and/or requests for a public meeting future response costs pursuant to should be addressed to the Assistant Section 107 of CERCLA, 42 U.S.C. BILLING CODE 4410±01±M Attorney General of the Environment § 9607, and $60,000 for civil penalties and Natural Resources Division, and punitive damages for failure to Notice of Lodging of Consent Decree Department of Justice, Washington, DC comply with an Administrative Order Pursuant to the Comprehensive 20530, and should refer to United States issued pursuant to Section 106 of Environmental Response, v. AlliedSignal, Inc., et al., Civil Action CERCLA, 42 U.S.C. 9606 (the Compensation and Liability Act of 1980 No. 92–2726, D.J. Ref. 90–11–2–422. ‘‘Administrative Order’’). The Consent The proposed consent decree may be decree with CDE and FPE requires those In accordance with Departmental examined at the Office of the United parties to complete specified work at the policy, 28 CFR 50.7, and 42 U.S.C. States Attorney, District of New Jersey, Norwood PCB Superfund Site and to § 9622(d)(2), notice is hereby given that Mitchell H. Cohen Courthouse, Fourth place $7.13 million in a trust fund to on October 1, 1996, a Consent Decree and Cooper Streets, Camden, New fund those remedial activities. The was lodged in United States v. Hercules, Jersey, 08101, at the Region II office of Consent Decree also requires CDE and et al., Civil Action No. 89–562–SLR, the Environmental Protection Agency, FPE to pay $120,000 for civil penalties with the United States District Court for 290 Broadway, New York, New York and punitive damages for failure to the District of Delaware. 10007, and at the Consent Decree comply with the Administrative Order. The Complaint in this case, as Library, 1120 G Street NW., 4th Floor, The Department of Justice will receive amended, was filed under Section 106 Washington, DC 20005, (202) 624–0892. for a period of thirty (30) days from the and 107 of the Comprehensive Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54217

Environmental Response, Compensation CFR Part 403. The decree requires Decree provides for the payment by and Liability Act of 1980, as amended Hudson Foods, Inc. to pay $501,000 in these settling parties of $350,000 of the (‘‘CERCLA’’), 42 U.S.C. §§ 9606 and civil penalties to the United States and United States unrecovered response 9607, with respect to the Delaware Sand to perform Supplemental Environmental costs at the Danforth Corporation Site in & Gravel Superfund Site (‘‘DS&G Site’’) Projects to facilitate pollution Elk Grove Village, Illinois (the ‘‘Site’’). located in New Castle County, prevention and waste reduction at The Department of Justice will Delaware, against numerous defendants, certain facilities of Hudson Foods, Inc. receive, for a period of thirty (30) days many of whom have agreed to The Department of Justice will receive from the date of this publication, settlement terms under prior consent comments relating to the proposed comments relating to the proposed decrees. Pursuant to the terms of the consent decree for a period of 30 days consent decree. Comments should be Consent Decree with Wilmington Fibre from the date of this publication. addressed to the Assistant Attorney Specialty Company, the United States Comments should be addressed to the General for the Environment and will receive a payment of $17,500 for Assistant Attorney General of the Natural Resources Division, Department costs incurred in connection with the Environment and Natural Resources of Justice, Washington, D.C. 20530, and Site. Division, Department of Justice, should refer to United States v. Kaiser, The Department of Justice will receive Washington, D.C. 20530. All comments DOJ Ref. # 90±2±966Α. comments relating to the proposed should refer to United States v. Hudson The proposed consent decree may be Consent Decree for a period of thirty Foods, Inc., D.J. Ref. 90–1–1–3894. examined at the office of the United days from the date of publication of this The proposed consent decree may be States Attorney, Everett McKinley notice. Comments should be addressed examined at the office of the United Dirksen Building, 219 South Dearborn to the Assistant Attorney General, States Attorney for the Southern District Street, Chicago, Illinois: the Environment and Natural Resources of Indiana, U.S. Courthouse, Fifth Floor, Environmental Protection Agency, 77 Division, Department of Justice, 46 East Ohio Street, Indianapolis, West Jackson Boulevard, Chicago, Washington, DC 20530, and should refer Indiana 46204, at the Region V office of Illinois; and at the Consent Decree to United States v. Hercules, et al., Civil the Environmental Protection Agency, Library, 1120 G Street, N.W., 4th Floor, Action No. 89–562–SLR, Ref. No. 90– 77 West Jackson Boulevard, Chicago, Washington, D.C. 20005, (202) 624– 11–2–298. The proposed Consent Illinois 60604, and at the Consent 0892. A copy of the proposed consent Decree may be examined at the office of Decree Library, 1120 G Street, N.W., 4th decree may be obtained in person or by the United States Attorney, District of floor, Washington, D.C. 20005, mail from the Consent Decree Library, Delaware, Chemical Bank Plaza, 1201 telephone no. (202) 624–0892. A copy of 1120 G Street, N.W., 4th Floor, Market Street, Suite 100, Wilmington, the proposed consent decree may be Washington, D.C. 20005. In requesting a Delaware 19899. Copies of the Consent obtained in person or by mail from the copy please refer to the referenced case Decree may also be examined and Consent Decree Library. In requesting a and enclose a check in the amount of obtained by mail at the Consent Decree copy, please enclose a check in the $6.00 (25 cents per page reproduction Library, 1120 G Street, NW., 4th Floor, amount of $6.00 for the decree (25 cents costs), payable to the Consent Decree Washington, DC 20005 (202–624–0892) per page reproduction costs) payable to Library. and the offices of the Environmental the consent Decree Library. When Bruce S. Gelber, Protection Agency, Region III, 841 requesting a copy, please refer to United Deputy Chief, Environmental Enforcement Chestnut Building, Philadelphia, States v. Hudson Foods, Inc., D.J. Ref. Section, Environment and Natural Resources Pennsylvania 19107. When requesting a 90–5–1–1–3894. Division. copy by mail, please enclose a check in Bruce S. Gelber, [FR Doc. 96–26615 Filed 10–16–96; 8:45 am] the amount of $5.75 (twenty-five cents Deputy Chief, Environmental Enforcement BILLING CODE 4410±01±M per page reproduction costs) payable to Section, Environment and Natural Resources the ‘‘Consent Decree Library.’’ Division. Joel M. Gross, [FR Doc. 96–26614 Filed 10–16–96; 8:45 am] Notice of Lodging of Settlement Chief, Environmental Enforcement Section, BILLING CODE 4410±01±M Agreement, Pursuant to the Environment and Natural Resources Division. Comprehensive Environmental [FR Doc. 96–26618 Filed 10–16–96; 8:45 am] Response, Compensation, and Liability BILLING CODE 4410±01±M Notice of Lodging of Partial Consent Act Decree Pursuant to the Comprehensive Environmental In accordance with Departmental Notice of Lodging of Consent Decree Response, Compensation and Liability policy, 28 C.F.R. 50.7, notice is hereby Pursuant to the Clean Water Act Act, 42 U.S.C. §§ 9601, et seq. given that a proposed Settlement Agreement in In re Goodell, No. 94– In accordance with the policy of the In accordance with Departmental 34248 (Bankr. W.D. Wash.), was lodged Department of Justice, 28 CFR 50.7, policy, 28 CFR 50.7, notice is hereby on September 25, 1996, with the United notice is hereby given that a proposed given that a proposed partial consent States Bankruptcy Court for the Western consent decree in United States v. decree in United States v. Kaiser, Civil District of Washington. The Settlement Hudson Foods, Inc., Civ. No. IP93– Action No. 96C1743 was lodged on Agreement resolves a general unsecured 0692–C, was lodged with the United October 1, 1996 with the United States claim filed by the United States on States District Court for the Southern District Court for the Northern District behalf of the United States District of Indiana, on September 24, of Illinois. The consent decree resolves Environmental Protection Agency 1996. That action was brought against the claims alleged against Jordan Kaiser, (‘‘EPA’’) in the Goodell bankruptcy defendant pursuant to the Clean Water Walter Kaiser, Jeffrey S. Kaiser, Alfred pursuant to the Comprehensive Act (‘‘the Act’’) for penalties and Kleifield and Barbara Kleifield under Environmental Response, Compensation injunctive relief for violations of section the Comprehensive Environmental and Liability Act of 1980, as amended, 307(d) of the Act, 33 U.S.C. § 1317(d), Response, Compensation and Liability 42 U.S.C. 9601 et seq.. Under the and wastewater pretreatment Act, 42 U.S.C. §§ 9601, et seq., Settlement agreement, Land Sea Air regulations promulgated thereunder, 40 (‘‘CERCLA’’). The proposed Consent Leasing Corporation (‘‘LSA’’) will 54218 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices withdraw its objection to EPA’s claim, Pa.), was lodged on September 27, 1996 reproduction costs), payable to the and EPA will receive $70,000 for its with the United States District Court for Consent Decree Library. claim. the Eastern District of Pennsylvania. Joel M. Gross, The United States entered into the The proposed Partial Consent Decree Chief, Environmental Enforcement Section, Settlement Agreement in connection resolves injunctive relief claims of the Environment and Natural Resources Division. with a Prospective Purchaser Agreement United States and the Commonwealth of [FR Doc. 96–26616 Filed 10–16–96; 8:45 am] between EPA and Way Conn Properties, Pennsylvania under the Safe Drinking BILLING CODE 4410±01±M Inc. (‘‘Way Conn’’), an LSA affiliate. The Water Act (‘‘Act’’) in a Complaint filed Prospective Purchaser Agreement September 6, 1995 against Perry Phillips provides that Way Conn will remove all and Jeanne Phillips doing business as Notice of Lodging of Consent Decree remaining contaminated soil from the Pursuant to the Comprehensive property and pay EPA $200,000 subject the Perry Phillips Mobile Home Park, which owns and operates a water Environmental Response, to a $50,000 credit for every dollar Way Compensation and Liability Act Conn expends above $50,000 in soil system for approximately sixty residents removal and disposal for a maximum of the Perry Phillips Mobile Home Park Notice is hereby given that on credit of $50,000. The 2.5 acre parcel of near Coatesville, Pennsylvania. The September 27, 1996 a proposed First property subject to the Prospective Complaint alleged violations of the Amended Consent Decree in United Purchaser Agreement is the primary maximum contaminant levels set forth States and State of California v. Shell asset of the bankruptcy estate, and is in regulations implementing the Act for Oil Company, Inc., et al., Case No. CV located at the head of the Hylabos several volatile organic compounds 91–0589 RJK(Ex) was lodged with the Waterway in the Commencement Bay/ detected in the water system for the United States District Court for the Near Shore Tideflats Superfund Site in mobile home park. Central District of California. This First Tacoma, Washington. The proposed Partial Consent Decree Amended Consent Decree represents a The Department of Justice will requires Perry and Jeanne Phillips to settlement of claims against McAuley receive, for a period of fifteen (15) days construct a groundwater remediation LCX Corporation (‘‘McAuley’’) for costs from the date of this publication, system, to sample for volatile organic incurred in connection with the McColl comments relating to the proposed compounds on a monthly basis, and to Superfund Site (‘‘Site’’) in Fullerton, Settlement Agreement. Comments California under Section 107 of notify EPA, the Pennsylvania should be addressed to the Assistant CERCLA, 42 U.S.C. § 9607. Attorney General for the Environment Department of Environmental Protection (‘‘PADEP’’) and the residents of the park Under this settlement between the and Natural Resources Division, United States and the State of California of any violations of the Act or Department of Justice, Washington, D.C. (‘‘Plaintiffs’’) and McAuley, McAuley implementing regulations. The Partial 20530, and should refer to In re Goodell, will pay the United States # DOJ Ref. 90–11–2–1125. Consent Decree reserves the rights of the Environmental Protection Agency The proposed Settlement Agreement United States and PADEP to seek a civil (‘‘EPA’’) $184,000 for past United States may be examined at the office of the penalty at a later time. response costs. The First Amended United States Attorney, 800 Fifth The Department of Justice will Consent Decree also requires McAuley Avenue, Seattle, Washington, 98104; the receive, for a period of thirty (30) days to pay the State of California $66,000 for Region 10 Office of the Environmental from the date of this publication, past State response costs. Protection Agency, 1200 Sixth Avenue, comments relating to the proposed A Consent Decree resolving claims Seattle, Washington, 98105; and at the Partial Consent Decree. Comments against McAuley was previously lodged Consent Decree Library, 1120 G Street, should be addressed to the Assistant with the Court on December 1, 1995. N.W., 4th Floor, Washington, D.C. Attorney General for the Environment However, subsequent to the lodging of 20005, (202) 624–0892. A copy of the that Consent Decree, EPA issued a proposed settlement Agreement may be and Natural Resources Division, Record of Decision (‘‘ROD’’) regarding obtained in person or by mail from the Department of Justice, Washington, DC, the groundwater remedy at the Site. As Consent Decree Library, 1120 G Street, 20530, and should refer to United States a result, the earlier Consent Decree has N.W., 4th Floor, Washington, D.C. v. Perry Phillips, et al., DOJ Ref. 90–5– been amended to ensure that McAuley 20005. In requesting a copy please refer 1–1–4151. does not take actions that would to the referenced case and enclose a The proposed Partial Consent Decree adversely affect the implementation of check in the amount of $2.25 (25 cents may be examined at the Office of the this remedial action. Additionally, the per page reproduction costs), payable to United States Attorney, Eastern District First Amended Consent Decree more the Consent Decree Library. of Pennsylvania, 615 Chestnut Street, specifically describes the matters Joel Gross, Suite 1250, Philadelphia, PA 19106; the addressed in the Covenant Not to Sue. Chief, Environmental Enforcement Section, Region III Office of the Environmental This First Amended Consent Decree is Environment and Natural Resources Division. Protection Agency, 941 Chestnut Street, similar in all other material respects to [FR Doc. 96–26610 Filed 10–16–96; 8:45 am] Philadelphia, PA 19107; and at the the Consent Decree lodged on December BILLING CODE 4410±01±M Consent Decree Library, 1120 G Street, 1, 1995. NW., 4th Floor, Washington, DC 20005, The Department of Justice will receive 202–624–0892. A copy of the proposed Notice of Lodging of Partial Consent for a period of thirty (30) days from the Partial Consent Decree may be obtained Decree Pursuant to the Safe Drinking date of this publication comments in person or by mail from the Consent Water Act relating to the proposed First Amended Decree Library, 1120 G Street, NW., 4th Consent Decree. Comments should be In accordance with Departmental Floor, Washington, DC 20005. In addressed to the Assistant Attorney policy, 28 CFR 50.7, notice is hereby requesting a copy, please refer to the General of the Environment and Natural given that a proposed Partial Consent referenced case and enclose a check in Resources Division, Department of Decree in United States v. Perry Phillips, the amount of $9.25 (25 cents per page Justice, Washington, D.C. 20530, and et al., Civil Action No. 95–5578 (E.D. should refer to United States and State Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54219 of California v. Shell Oil Company, Inc., Title 5 U.S.C. 552a(e)(4)(11) provide and (2) paper case file records et al., D.J. Ref. 90–11–2–3A. that the public be given a 30-day period consisting of: Criminal Investigative The proposed First Amended Consent in which to comment on proposed new Files; Regulatory Audit and Decree may be examined at the Office of routine use disclosures. The Office of Investigatory Files; and General the United States Attorney, Central Management and Budget (OMB), which Investigative Files. These files may District of California, Room 7516, has oversight responsibilities under the include investigative and confidential Federal Building, 300 North Los Act, requires a 40-day period in which informant reports and all documented Angeles Street, Los Angeles, California to conclude its review of any proposal findings and investigative ‘‘lead’’ 90012 and at Region IX, Office of the to add new routine use disclosures or information relative to preregistrant Environmental Protection Agency, 75 make other major modifications. Access inspections, investigations, targeted Hawthorne Street, San Francisco, to these records (both Subpart A, the conspiracies, and trafficking situations, California 94105, and at the Consent case files, and Subpart B, the automated etc. The reports pertain to the full range Decree Library, 1120 G Street, N.W., 4th index) by State and local law of DEA criminal drug enforcement and Floor, Washington, D.C. 20005, (202) enforcement agencies is not new; regulatory investigative functions that 624–0892. A copy of the proposed however, direct, electronic access to the emanate from the Comprehensive Drug Consent Decree and exhibits thereto automated index is new. Prevention and Control Act of 1970. may be obtained in person or by mail You may submit any comments (by 30 For example, records in the Criminal from the Consent Decree Library, 1120 days from the publication date of this Investigative Case Files may include a G Street, N.W., 4th Floor, Washington, notice). The public, OMB, and the systematic gathering of information D.C. 20005. In requesting a copy, please Congress are invited to send written targeted on an individual or group of enclose a check in the amount of $9.50 comments to Patricia E. Neely, Program individuals operating in illegal drugs (25 cents per page reproduction cost) Analyst, Information Management and either in the United States or payable to the Consent Decree Library. Security Staff, Information Resources internationally; reports on individuals Joel Gross, Management, Justice Management Division, Department of Justice, suspected or convicted of narcotics Chief, Environmental Enforcement Section, violations; reports of arrests; Environment and Natural Resources Division. Washington, DC 20530 (Room 850, WCTR Building). information on drug possession, sales, [FR Doc. 96–26608 Filed 10–16–96; 8:45 am] and purchases by such individuals; and BILLING CODE 4410±01±M In accordance with 5 U.S.C. 552a(r), the Department has provided a report to information on the transport of such OMB and the Congress on the proposed drugs, either inside the United States or [AAG/A Order No. 122±96] modification. internationally, by such individuals. Records in the Regulatory Audit and Privacy Act of 1974; Modified System Dated: September 4, 1996. Investigatory Files may include similar of Records Stephen R. Colgate, investigative reports regarding those Assistant Attorney General for individuals specifically identified under Pursuant to the Privacy Act of 1974 (5 Administration. item C. of the ‘‘Categories of Individuals U.S.C. 552a), the Department of Justice Covered by the System.’’ Records in the (DOJ), Drug Enforcement JUSTICE/DEA±008 General Investigative Files may Administration (DEA), proposes to SYSTEM NAME: generally include fragmentary or low modify the following system of records priority information on an individual Investigative Reporting and Filing previously published on June 9, 1994 which is not significant enough to open System, Justice/DEA–008. (59 FR 29822): Investigative Reporting a case file. and Filing System, Justice/DEA–008. SYSTEM LOCATION: Specifically, routine use (1) is being Subpart B: modified to permit State and local law Drug Enforcement Administration: Subpart B is an automated index enforcement agencies direct, ‘‘read 700 Army Navy Drive, Arlington, VA containing limited, summary-type data only’’ electronic access to index date 22202; and field offices. For field office which are extracted from and which which was formerly accessed addresses, see appendix identified as point to the case files maintained by electronically by Federal law ‘‘DEA Appendix—List of Record DEA as described in subpart A above, or enforcement agencies only. Subpart B of Location Addresses, Justice/DEA–999.’’ to files maintained by other Federal, the ‘‘Categories of Records in the CATEGORIES OF INDIVIDUALS COVERED BY THE State, or local law enforcement System’’ has been modified to show that SYSTEM: agencies. Examples of such data the index will permit law enforcement A. Drug offenders include: Record number; subject name agencies to identify not only the B. Alleged drug offenders; and (person, business, vessel), aliases and existence of DEA case files as described C. Persons suspected of drug offenses. soundex; personal data; (occupation(s), in Subpart A, but also those of other law D. Defendants. race, sex, date and place of birth, height, enforcement agencies, in order to Such individuals may include weight, hair color, eye color, request access to those files from the individuals registered with DEA and citizenship, nationality/ethnicity, alien respective agency(s). Routine use (1) responsible for the handling, status); special considerations (fugitive and the ‘‘Retrievability’’ section, dispensing, or manufacturing of armed/dangerous); resident and respectively, show that other Federal, controlled substances under the criminal address (business and State, and local law enforcement Comprehensive Drug Abuse Prevention personal); miscellaneous numbers agencies, together with DOJ law and Control Act of 1970. (telephone, passport, drivers license, enforcement components, may have vehicles registration, social security write access, but only to the index data CATEGORIES OF RECORDS IN THE SYSTEM: number, etc.); relevant case file generated by such agency or DOJ Subpart A: numbers, with indicators for active component to enable them to modify or Subpart A is (1) a manual index investigations; date/stamp (event) data. delete their own date. Changes have (which serves as a backup to the (Subpart B will contain no classified been italicized. automated index described in subpart B) information.) 54220 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: foreign affairs aspects of international enforcement components of the This system is established and drug trafficking; (4) individuals and Department of Justice may have direct, maintained to enable DEA to carry out organizations in the course of electronic, ‘‘read only’’ access (under its assigned law enforcement and investigations to the extent necessary to subsection (b)(1) of the Privacy Act) to criminal regulatory functions under the elicit information about suspected or subpart B of the ‘‘Categories of Records Comprehensive Drug Abuse Prevention known illegal drug violators; (5) Federal in the System’’. These data will assist and Control Act of 1970 (Pub. L. 91– and state regulatory agencies DOJ law enforcement components in 513), Reorganization Plan No. 2 of 1973, responsible for the licensing or identifying whether there may be and Title 21 United States Code; and to certification of individuals in the fields detailed records which reside in subpart fulfill United States obligations under of pharmacy and medicine to assist A of this system of records that may be the Single Convention on Narcotic them in carrying out such licensing or relevant to their law enforcement Drugs. certification functions; (6) any person or responsibilities. Where such records are entity to the extent necessary to prevent identified, DOJ law enforcement PURPOSE: an imminent or potential crime which components may request access. In The records in this system have been directly threatens loss of life or serious addition, DOJ law enforcement compiled for the purpose of identifying, bodily injury; (7) news media and the components may have direct, electronic apprehending, and prosecuting public pursuant to 28 CFR 50.2 unless ‘‘read and write’’ access to the index individuals connected in any way with it is determined that release of the data generated by such component to the illegal manufacture, distribution, or specific information in the context of a modify or delete its own data. use of drugs. particular case would constitute an unwarranted invasion of personal SAFEGUARDS: ROUTINE USES OF RECORDS MAINTAINED IN THE Access is limited to designated SYSTEM, INCLUDING CATEGORIES OF USERS AND privacy; (8) a Member of Congress or THE PURPOSES OF SUCH USES: staff acting upon the Member’s behalf employees with a need-to-know. All records are stored in a secure area of a Relevant records or any relevant facts when the Member or staff requests the secure building. In addition to derived therefrom may be disclosed to: information on behalf of and at the controlled access to the building, the (1) Other Federal, State, local, and request of the individual who is the areas where records are kept are either foreign law enforcement and regulatory subject of the record; (9) National attended by responsible DEA agencies, and components thereof, to Archives and Records Administration employees, guarded by security guard, support their role in the detection and and the General Services and/or protected by electronic monitoring of the distribution of illegal Administration in records management surveillance and/or alarm systems, as drugs in the United States or such other inspections conducted under the appropriated. In addition, paper roles in support of counterdrug law authority of 44 U.S.C. 2904 and 2906; records, including the manual index, are enforcement as may be permitted by and (10) to a court or adjudicative body in locked files during off-duty hours and law. Direct, electronic, ‘‘read only’’ before which DEA is authorized to unauthorized access to the automated access by Federal, State, or local law appear when any of the following is a index is also prevented through state-of- enforcement agencies only to Subpart B party to litigation or has an interest in the-art technology such as encryption of this system of records may be litigation and such records are and multiple user ID’s and passwords. permitted to enable these agencies (i) to determined by DEA to be arguably relevant to the litigation; (i) DEA, or any identify law enforcement information or RETENTION AND DISPOSAL: activities which may be relevant to their subdivision thereof, or (ii) any employee of DEA in his or her official capacity, or Paper records will be transferred to law enforcement responsibilities and (ii) the Washington National Records Center where such information or activities is (iii) any employee of DEA in his or her individual capacity where the 10 years after date of last entry; and identified, either request access from destroyed 25 years after date of last DEA to the underlying case file records Department of Justice has agreed to represent the employee, or (iv) the entry. The related index will be deleted described in Subpart A or, where the 25 years after date of last entry. case file is maintained by another United States, where DEA determines that the litigation is likely to affect it or Approval pending DEA records agency, request access from such other management and the NARA. agency, and (iii) to ensure appropriate any of its subdivisions. coordination of such activities with DEA POLICIES AND PRACTICES FOR STORING, SYSTEM MANAGER(S) AND ADDRESS: or other appropriate law enforcement RETRIEVING, ACCESSING, RETAINING, AND Assistant Administrator, Operations agency. In addition, direct, electronic, DISPOSING OF RECORDS IN THE SYSTEM: Division, Drug Enforcement read and write access may be permitted, STORAGE: Administration, Freedom of Information but only to the index data generated by Records described in subpart A of the Section, Washington, D.C. 20537. the accessing agency to enable such ‘‘Categories of Records in the System’’ NOTIFICATION PROCEDURE: agency to modify or deleted its own are maintained on standard index cards data. Inquiries should be addressed to: and in standard file folders at DEA Drug Enforcement Administration, (2) Other Federal, State, local, and Headquarters and field offices. Records foreign law enforcement and regulatory Freedom of Information Section, described in subpart B are stored on a Washington, D.C. 20537. agencies, and components thereof, to computer database at the DEA and on a the extent necessary to elicit mainframe at the Department of Justice RECORD ACCESS PROCEDURE: information pertinent to counter-drug Computer Center. Same as above. law enforcement; (3) Foreign law enforcement agencies through the RETRIEVABILITY: CONTESTING RECORDS PROCEDURE: Department of State (with whom DEA Information will be retrieved by Same as above. maintains liaison), and agencies of the accessing either the manual or U.S. foreign intelligence community to automated index by name and by cross- RECORD SOURCE CATEGORIES: further the efforts of those agencies with referencing the name with a number (a) DEA personnel, (b) Confidential respect to the national security and assigned to the case file. The law informants, witnesses and other Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54221 cooperating individuals, (c) Suspects Notice Pursuant to the National 6(a) of the National Cooperative and defendants, (d) Federal, State and Cooperative Research and Production Research and Production Act of 1993, local law enforcement and regulatory Act of 1993ÐResearch Consortium on 15 U.S.C. § 4301, et seq. (‘‘the Act’’), agencies, (e) foreign law enforcement Non-Heat Treatable Auto Body Sheet Seed Research Services, LLC, a agencies, (f) business records by California Limited Liability Company, Notice is hereby given that, on April subpoena, and (g) drug and chemical has filed written notifications 26, 1996, pursuant to Section 6(a) of the companies. simultaneously with the Attorney National Cooperative Research and General and with the Federal Trade Production Act of 1993, 15 U.S.C. 4301 SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS Commission disclosing (1) the identities OF THE ACT: et seq. (‘‘the Act’’), The American of the parties and (2) the nature and Society of Mechanical Engineers, as The Attorney General has exempted objectives of the venture. The this system from subsections (c)(3) and Administrator for the Research Consortium on Non-Heat Treatable Auto notifications were filed for the purpose (4), (d), (e) (1), (2) and (3), (e)(5) and (8), of invoking the Act’s provisions limiting and (g) of the Privacy Act pursuant to Body Sheet (‘‘the Consortium’’) has failed written notifications the recovery of antitrust plaintiffs to 5 U.S.C. 552a (j)(2). In addition, the actual damages under specified system has been exempted from simultaneously with the Attorney General and the Federal Trade circumstances. Pursuant to Section 6(b) subsections (c)(3), (d), and (e)(1), of the Act, the identities of the current pursuant to subsection (k)(1). Rules Commission on behalf of itself and the Consortium’s members disclosing (1) parties in the venture are: first, have been promulgated in accordance California Artichoke and Vegetable with the requirements of 5 U.S.C. the identities of the parties and (2) the nature and objectives of the venture. Growers Corp., dba Ocean Mist Farms, 553(b), (c) and (e) and have been a California corporation, and member of published in the Federal Register. The notifications were filed for the purpose of invoking the Act’s provisions Seed Research Services, LLC, whose [FR Doc. 96–26284 Filed 10–16–96; 8:45 am] limiting the recovery of antitrust shareholders consist of: Boutonnet BILLING CODE 4410±09±M plaintiffs to actual damages under Farms, Inc., a California Corporation; specified circumstances. Pursuant to Sea Mist Farms, LLC, a California Section 6(b) of the Act, the identities of Limited Liability Company; Bengard Antitrust Division the parties are: ARCO Aluminum, Inc., Harvesting, a California General Louisville, KY; Commonwealth Partnership; Joy Al, Inc., a California Notice Pursuant to the National Aluminum, Lewisport, KY, and; Corporation; Donnar, Inc., a California Cooperative Research and Production Ravenswood Aluminum Co., Corporation; Tottino Living Trust, Hugo Act of 1993ÐAmerican Display Ravenswood, WV. The nature and and Delores Tottino, Trustees, a Consortium objective of the Consortium is to California Trust; and the following U.S. provide a national focus for identifying citizens and California residents: Leslie Notice is hereby given that, on Tottino; David Tottino; Karen Antle; January 1, 1996, pursuant to Section 6(a) and resolving technical issues concerned with the development of Cathy Alameda; and Michelle Pecci; of the National Cooperative Research second, Associated Produce and Production Act of 1993, 15 U.S.C. non-heat treatable auto body sheet. To accomplish that purpose the members of Distributors, a California Limited 4301 et seq. (‘‘the Act’’), American Partnership, and member of Seed Display Consortium (‘‘ADC’’) has filed the Consortium may: (1) Collect and exchange technical information; (2) Research Services, LLC, whose general written notifications simultaneously partners consist of: Lael Lee Co., a with the Attorney General and the assess the current state of knowledge and identify information gaps; (3) California General Partnership; B.W. Federal Trade Commission disclosing Brown Co., a California General (1) the identities of the parties and (2) evaluate the adequacy of research or technology development programs of Partnership; A.P. Generals, a California the nature and objectives of the venture. General Partnership; and a U.S. citizen The notifications were filed for the government and industry, and recommend appropriate actions; (4) and California resident, Reno Costella; purpose of invoking the Act’s provisions and third, Adobe Ranch Company, a limiting the recovery of antitrust evaluate the adequacy of current available instrumentation equipment or California General Partnership and plaintiffs to actual damages under member of Seed Research Services, LLC, specified circumstances. Pursuant to applications software, and encourage improvements; (5) advance technical whose general partners consist of the Section 6(b) of the Act, the identities of following U.S. citizens and California the parties are: Electro-Plasma Inc., capabilities by planning, organizing, and raising funds for and managing residents: Louis H. Delfino; David N. Milbury, OH; OIS Optical Imaging Delfino; and Louis J. Delfino. Systems, Troy, MI; Photonics Imaging, commissioned studies and/or laboratory Northwood, OH; Planar Systems, Inc., research; (6) interact with public and The general area of planned activity Beaverton, OR; Kent Display Systems, private organizations, and; (7) foster the for Seed Research Services, LLC is seed Kent, OH; Standish Industries, Inc., development of appropriate standards. and plant research, development and Lake Mills, WI; Three-Five Systems, Constance K. Robinson, licensing of proprietary varieties of Tempte, AZ, and FED Corp., Hopewell Director of Operations, Antitrust Division. artichokes to its Members and/or third Junction, NY. The general area of [FR Doc. 96–26607 Filed 10–16–96; 8:45 am] parties, and may also include the planned activity is to engage in BILLING CODE 4410±01±M production of proprietary seed and/or cooperative research to develop plants. The principal executive office of technology applicable to the design, Seed Research Services, LLC is located production, testing and manufacture of Notice Pursuant to the National at 450 Lincoln Avenue, Salinas, CA advanced displays. Cooperative Research and Production 93902. Constance K. Robinson, Act of 1993ÐSeed Research Services, Constance K. Robinson, Director of Operations, Antitrust Division. LLC Director of Operations, Antitrust Division. [FR Doc. 96–26606 Filed 10–16–96; 8:45 am] Notice is hereby given that, on [FR Doc. 96–26613 Filed 10–16–96; 8:45 am] BILLING CODE 4410±01±M September 19, 1996, pursuant to Section BILLING CODE 4410±01±M 54222 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

Notice Pursuant to the National disclosing all changes in the The quotas are to provide adequate Cooperative Research and Production membership or planned activities. supplies of each substance for: (1) the Act of 1993ÐDurability and Life Constance K. Robinson, estimated medical, scientific, research, Assessment of GTD±111 Buckets Director of Operations, Antitrust Division. and industrial needs of the United [FR Doc. 96–26605 Filed 10–16–96; 8:45 am] States; (2) lawful export requirements; Notice is hereby given that, on BILLING CODE 4410±01±M and (3) the establishment and October 31, 1995, pursuant to Section maintenance of reserve stocks. 6(a) of the National Cooperative In determining the below listed Research and Production Act of 1993, Drug Enforcement Administration proposed 1997 aggregate production quotas, the Deputy Administrator 15 U.S.C. 4301 et seq. (‘‘the Act’’), [DEA #153P] Southwest Research Institute (‘‘SwRI’’) considered the following factors: (1) has filed written notifications Controlled Substances: Proposed total actual 1995 and estimated 1996 simultaneously with the Attorney Aggregate Production Quotas for 1997 and 1997 net disposals of each General and the Federal Trade substance by all manufacturers; (2) AGENCY: Drug Enforcement estimates of 1996 year end inventories Commission disclosing (1) the identities Administration (DEA), Justice. of each substance and of any substance of the parties and (2) the nature and ACTION: Notice of proposed aggregate manufactured from it and trends in objectives of the venture. The production quotas for 1997. accumulation of such inventories; (3) notifications were filed for the purpose product development requirements of of invoking the Act’s provisions limiting SUMMARY: This notice proposes initial both bulk and finished dosage form the recovery of antitrust plaintiffs to 1997 aggregate production quotas for manufacturers; (4) projected demand as actual damages under specified controlled substances in Schedules I indicated by procurement quota circumstances. Pursuant to Section 6(b) and II of the Controlled Substances Act. applications filed pursuant to Section of the Act, the identities of the parties DATES: Comments or objections should 1303.12 of Title 21 of the Code of are ARCO Alaska, Inc., Anchorage, AK; be received on or before November 18, Federal Regulations and (5) other Exxon Research and Engineering 1996. pertinent information. Company, Florham Park, NJ; and, Mobil ADDRESSES: Send comments or Pursuant to Section 1303.23(c) of Title Exploration & Producing Technical objections to the Administrator, Drug 21 of the Code of Federal Regulations, Center, a unit of Mobil Research & Enforcement Administration, the Deputy Administrator of the DEA Development Corporation, Dallas, TX. Washington, D.C. 20537, Attn: DEA will, in early 1997, adjust aggregate The general areas of planned activities Federal Register Representative (CCR). production quotas and individual are to develop the necessary technology FOR FURTHER INFORMATION CONTACT: manufacturing quotas allocated for the to assess the life of coated gas turbine Frank L. Sapienza, Chief, Drug & year based upon 1996 year-end buckets made from GTD–111 as used in Chemical Evaluation Section, Drug inventory and actual 1996 disposition the General Electric line of gas turbines Enforcement Administration, data supplied by quota recipients for by defining and quantifying the rate of Washington, D.C. 20537; Telephone: each basic class of Schedule I or II the actual degradation; by developing (202) 307–7183. controlled substance. the properties of these buckets; by SUPPLEMENTARY INFORMATION: Section Therefore, under the authority vested developing a life assessment 306 of the Controlled Substances Act in the Attorney General by Section 306 methodology and software program to (21 U.S.C. 826) requires that the of the Controlled Substances Act of Attorney General establish aggregate 1970 (21 U.S.C. 826), delegated to the determine the conditions of the buckets; production quotas for each basic class of Administrator of the DEA by Section and by developing nondestructive controlled substance listed in Schedules 0.100 of Title 28 of the Code of Federal evaluation (NDE) methods for assessing I and II. This responsibility has been Regulations, and redelegated to the the coatings. The focus of the program delegated to the Administrator of the Deputy Administrator by Section 0.104 is on the model MS5002 gas turbine. DEA by Section 0.100 of Title 28 of the of Title 28 of the Code of Federal Membership in the program remains Code of Federal Regulations. The Regulations, the Deputy Administrator open, and SwRI intends to file Administrator, in turn, has redelegated hereby proposes that the aggregate additional written notifications this function to the Deputy production quotas for 1997 for the Administrator of the DEA pursuant to following controlled substances, Section 0.104 of Title 28 of the Code of expressed in grams of anhydrous acid or Federal Regulations. base, be established as follows:

Proposed 1997 Basic class quotas

Schedule I: 2,5-Dimethoxyamphetamine ...... 15,200,100 2,5-Dimethoxy-4-ethylamphetamine (DOET) ...... 2 3-Methylfentanyl ...... 14 3-Methylthiofentanyl ...... 2 3,4-Methylenedioxyamphetamine (MDA) ...... 22 3,4-Methylenedioxy-N-ethylamphetamine (MDEA) ...... 27 3,4-Methylenedioxymethamphetamine (MDMA) ...... 7 3,4,5-Trimethoxyamphetamine ...... 2 4-Bromo-2,5-Dimethoxyamphetamine ...... 2 4-Bromo-2,5-Dimethoxyphenethylamine (2-CB) ...... 2 4-Methoxyamphetamine ...... 17 4-Methylaminorex ...... 2 4-Methyl-2,5-Dimethoxyamphetamine (DOM) ...... 2 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54223

Proposed 1997 Basic class quotas

5-Methoxy-3,4-Methylenedioxyamphetamine ...... 2 Acetyl-alpha-methylfentanyl ...... 2 Acetylmethadol ...... 7 Alpha-acetylmethadol ...... 7 Alpha-ethyltryptamine ...... 2 Alpha-methadol ...... 2 Alpha-methylfentanyl ...... 2 Alpha-methylthiofentanyl ...... 2 Aminorex ...... 7 Beta-acetylmethadol ...... 2 Beta-hydroxyfentanyl ...... 2 Beta-hydroxy-3-methylfentanyl ...... 2 Beta-methadol ...... 2 Bufotenine ...... 2 Cathinone ...... 9 Codenine-N-oxide ...... 2 Difenoxin ...... 14,000 Dihydromorphine ...... 7 Ethylamine Analog of PCP ...... 5 Heroin ...... 2 Lysergic acid diethylamide (LSD) ...... 27 Mescaline ...... 7 Methaqualone ...... 17 Methcathinone ...... 11 Morphine-N-oxide ...... 2 N-Ethylamphetamine ...... 7 N-Hydroxy-3,4-Methylenedioxyamphetamine ...... 2 N,N-Dimethyltryptamine ...... 7 Norlevorphanol ...... 2 Normethadone ...... 7 Normorphine ...... 7 Para-fluorofentanyl ...... 2 Pholcodine ...... 2 Psilocin ...... 2 Psilocybin ...... 2 Tetrahydrocannibinols ...... 25,100 Thiofentanyl ...... 2 Thiophene Analog of Phencyclidine ...... 5 Schedule II: 1-Phenylcyclohexylamine ...... 10 1-Piperidinocyclohexanecarbonitrile (PCC) ...... 12 Alfentanil ...... 9,300 Amobarbital ...... 15 Amphetamine ...... 2,968,000 Carfentanil ...... 500 Cocaine ...... 550,100 Codeine (for sale) ...... 49,103,000 Codeine (for conversion) ...... 19,679,000 Desoxyephedrine ...... 1,422,000 1,361,000 grams of levodesoxyephedrine for use in a noncontrolled, nonprescription product and 61,000 grams for methamphetamine. Dextropropoxyphene ...... 116,469,000 Dihydrocodeine ...... 255,100 Diphenoxylate ...... 701,000 Ecogonine (for conversion) ...... 651,000 Ethylmorphine ...... 12 Fentanyl ...... 137,000 Glutethimide ...... 2 Hydrocodone (for sale) ...... 13,891,000 Hydrocodone (for conversion) ...... 1,769,000 Hydromorphone ...... 563,000 Isomethadone ...... 12 Levo-alpha-acetylmethadol (LAAM) ...... 200,100 Levomethorphan ...... 2 Levorphanol ...... 16,400 Meperidine ...... 9,843,000 Methadone (for sale) ...... 3,729,000 Methadone (for conversion) ...... 364,000 Methadone Intermediate (for conversion) ...... 4,295,000 Methamphetamine (for conversion) ...... 723,000 Methylphenidate ...... 13,824,000 Morphine (for sale) ...... 11,126,000 54224 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

Proposed 1997 Basic class quotas

Morphine (for conversion) ...... 68,165,000 Noroxymorphone (for conversion) ...... 2,000,000 Opium ...... 937,000 Oxycodone (for sale) ...... 5,589,000 Oxycodone (for conversion) ...... 1,200 Oxymorphone ...... 9,000 Pentobarbital ...... 16,772,000 Phencyclidine ...... 60 Phenmetrazine ...... 2 Phenylacetone ...... 10 Secobarbital ...... 491,000 Sufentanil ...... 1,000 Thebaine ...... 9,325,000

The Deputy Administrator further negative nor beneficial. Accordingly, the include a general description of the proposes that aggregate production Deputy Administrator has determined evidence to be presented at the hearing. quotas for all other Schedules I and II that this action does not require a A request for a hearing must also state controlled substances included in regulatory flexibility analysis. the issues to be addressed and include Sections 1308.11 and 1308.12 of Title 21 Dated: October 10, 1996. a general description of the evidence to of the Code of Federal Regulations be James S. Milford, be presented at the hearing. established at zero. ADDRESSES: All written comments and All interested persons are invited to Acting Deputy Administrator. [FR Doc. 96–26581 Filed 10–16–96; 8:45 am] request for a hearing (at least three submit their comments and objections copies) should be sent to the Pension BILLING CODE 4410±09±M in writing regarding this proposal. A and Welfare Benefits Administration, person may object to or comment on the Office of Exemption Determinations, proposal relating to any of the above- Room N–5649, U.S. Department of mentioned substances without filing DEPARTMENT OF LABOR Labor, 200 Constitution Avenue, N.W., comments or objections regarding the Washington, D.C. 20210. Attention: others. If a person believes that one or Pension and Welfare Benefits Administration Application No. stated in each Notice of more of these issues warrant a hearing, Proposed Exemption. The applications the individual should so state and [Application No. D±10150, et al.] for exemption and the comments summarize the reasons for this belief. received will be available for public In the event that comments or Proposed Exemptions; Smith Barney inspection in the Public Documents objections to this proposal raise one or Shearson Prototype more issues which the Deputy Room of Pension and Welfare Benefits Administrator finds warrant a hearing, AGENCY: Pension and Welfare Benefits Administration, U.S. Department of the Deputy Administrator shall order a Administration, Labor. Labor, Room N–5507, 200 Constitution Avenue, N.W., Washington, D.C. 20210. public hearing by notice in the Federal ACTION: Notice of Proposed Exemptions. Register, summarizing the issues to be Notice to Interested Persons heard and setting the time for the SUMMARY: This document contains hearing. notices of pendency before the Notice of the proposed exemptions The Office of Management and Budget Department of Labor (the Department) of will be provided to all interested has determined that notices of aggregate proposed exemptions from certain of the persons in the manner agreed upon by production quotas are not subject to prohibited transaction restriction of the the applicant and the Department centralized review under Executive Employee Retirement Income Security within 15 days of the date of publication Order 12866. This action has been Act of 1974 (the Act) and/or the Internal in the Federal Register. Such notice analyzed in accordance with the Revenue Code of 1986 (the Code). shall include a copy of the notice of principles and criteria contained in proposed exemption as published in the Written Comments and Hearing Executive Order 12612, and it has been Federal Register and shall inform Requests determined that this matter does not interested persons of their right to have sufficient federalism implications All interested persons are invited to comment and to request a hearing to warrant the preparation of a submit written comments or request for (where appropriate). Federalism Assessment. a hearing on the pending exemptions, SUPPLEMENTARY INFORMATION: The The Deputy Administrator hereby unless otherwise stated in the Notice of proposed exemptions were requested in certifies that this action will have no Proposed Exemption, within 45 days applications filed pursuant to section significant impact upon small entities from the date of publication of this 408(a) of the Act and/or section whose interests must be considered Federal Register Notice. Comments and 4975(c)(2) of the Code, and in under the Regulatory Flexibility Act, 5 request for a hearing should state: (1) accordance with procedures set forth in U.S.C. 601, et seq. The establishment of The name, address, and telephone 29 CFR Part 2570, Subpart B (55 FR annual aggregate production quotas for number of the person making the 32836, 32847, August 10, 1990). Schedules I and II controlled substances comment or request, and (2) the nature Effective December 31, 1978, section is mandated by law and by international of the person’s interest in the exemption 102 of Reorganization Plan No. 4 of treaty obligations. While aggregate and the manner in which the person 1978 (43 FR 47713, October 17, 1978) production quotas are of primary would be adversely affected by the transferred the authority of the Secretary importance to large manufacturers, their exemption. A request for a hearing must of the Treasury to issue exemptions of impact upon small entities is neither also state the issues to be addressed and the type requested to the Secretary of Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54225

Labor. Therefore, these notices of savings bank headquartered in Los Each Right conferred upon its holder proposed exemption are issued solely Angeles, California. Effective January 1, an entitlement (the Basic Privilege) to by the Department. 1995, the previous plan maintained by purchase one additional share of the The applications contain the Employer was amended and restated Employer Stock at a subscription price representations with regard to the as the current Plan to provide for of $12 per share (the Subscription proposed exemptions which are individually directed accounts. As of Price). Each Right also conferred upon summarized below. Interested persons September 30, 1995, the Plan had total its holder a second privilege (the are referred to the applications on file assets of $2,416,827. As of December 31, Oversubscription Privilege) allowing with the Department for a complete 1994, the Plan had approximately 94 each Rights holder exercising the Basic statement of the facts and participants and beneficiaries. The Privilege in full to subscribe for an representations. trustee of the Plan is Smith Barney unlimited number of additional shares Corporate Trust Company (the Trustee). of the Employer Stock (the Excess The Smith Barney Shearson Prototype, Defined Contribution Plan (the Plan), 2. Among the assets of the Plan is the Shares), also at $12 per share, subject to Located in Los Angeles, California Employer Stock. The Employer Stock availability after satisfaction of began to trade on the SmallCap Market subscriptions made pursuant to the [Application No. D–10150] of the National Association of Securities Basic Privilege. If the number of Excess Proposed Exemption Dealers Automated Quotation Stock Shares was insufficient to satisfy all The Department is considering Market, Inc. (NASDAQ) as of October exercises of the Oversubscription granting an exemption under the 16, 1995, under the symbol ‘‘HBNK,’’ Privilege, the Excess Shares were to be authority of section 408(a) of the Act and was approved for quotation in the allocated on a pro rata basis in and section 4975(c)(2) of the Code and NASDAQ National Market System as of accordance with the number of shares of in accordance with the procedures set December 29, 1995. The trustees of the the Employer Stock owned as of the forth in 29 CFR Part 2570, Subpart B (55 previous plan made the decision to Record Date by each Rights holder who FR 32836, 32847, August 10, 1990). If invest a portion of plan assets in the exercised the Oversubscription the exemption is granted, the Employer Stock. The Employer Stock Privilege. Any exercise of the restrictions of sections 406(a), 406(b)(2), was carried over to the Plan and is now Oversubscription Privilege had to occur and 407(a) of the Act and the sanctions held under the individual accounts of at the same time that the Basic Privilege resulting from the application of section those participants with an interest in the was exercised. Once the Basic Privilege 4975 of the Code, by reason of section Employer Stock (the Invested or the Oversubscription Privilege was 4975(c)(1) (A) through (E) of the Code, Participants). As of December 31, 1994, exercised, such exercise could not be shall not apply to the past acquisition, the Plan had 92 Invested Participants. revoked. The Rights Offering was holding, and exercise by the Plan of Participants are no longer permitted to announced to expire at 5 p.m., Pacific certain stock purchase rights (the invest in the Employer Stock. The only Time, on December 15, 1995 (the Rights),1 which were issued by the action that Invested Participants can Expiration Time), at which time no Highland Federal Bank (the Employer) take with respect to the Employer Stock further exercises of Rights could occur. to all shareholders of record, as of is to sell such stock and to direct the While the Basic Privilege under the November 7, 1995, of common stock of Trustee as to the investment of the sale Rights was generally transferable, the the Employer (the Employer Stock) proceeds in one or more of the six funds Oversubscription Privilege was not pursuant to a rights offering (the Rights that comprise the investment options transferable. The Rights traded on the Offering), provided that the following currently available to participants. As of SmallCap Market of NASDAQ under the conditions were satisfied: November 7, 1995 (the Record Date), symbol ‘‘HBNKR’’ until the close of (a) The Plan’s acquisition and holding there were issued an outstanding trading on December 14, 1995, the date of the Rights in connection with the 1,105,000 shares of the Employer Stock. prior to the expiration date of the Rights Rights Offering occurred as a result of As of that date, the Plan held 21,436 Offering. The Employer had authorized an independent act of the Employer as shares of the Employer Stock at $13.25 the issuance of up to 1,700,500 a corporate entity; per share (a total of $284,027), or about additional shares of the Employer Stock, (b) All holders of the Employer stock, two percent of all outstanding shares. for a total of 2,805,500 outstanding including the Plan, were treated in a 3. The Employer, as a means of raising shares if the maximum number of like manner with respect to all aspects capital needed to promote its business additional shares were sold. Payments of the Rights Offering; and plan and to support future growth, made of the Subscription Price for the (c) The acquisition, holding, and a Rights Offering to its shareholders. purchase of the Employer Stock disposition of the Rights by the affected The Rights Offering commenced on pursuant to the exercise of the Rights participant accounts in the Plan November 8, 1995 with the issuance by were held in an escrow account occurred in accordance with Plan the Employer to all its shareholders of maintained by First Interstate Bank of provisions for the individually directed record as of the close of business on the California as the subscription agent (the investment of such accounts. Record Date (the Record Date Subscription Agent) pursuant to an Shareholders) transferable subscription EFFECTIVE DATE: This exemption, if Escrow Agreement with the Employer. Rights in the ratio of one Right for every granted, will be effective for the period The Rights Offering was conditioned 1.105 shares of the Employer Stock from November 8, 1995 to December 15, upon the receipt of minimum proceeds held. The number of Rights actually 1995. of $12 million pursuant to the exercise issued to each Record Date Shareholder of Rights and from standby purchasers 2 Summary of Facts and Representations was rounded up to the nearest whole Right. It is represented that the Rights 1. The Plan is a profit sharing plan 2 The Employer had standby purchase agreements with a 401(k) feature adopted by the Offering was an independent act of the with certain outside investors, who severally agreed Employer. The Employer is a Federal Employer as a corporate entity and that to commit to purchasing a specified number of all holders of the Employer Stock, shares of the Employer Stock at the Subscription Price, subject to availability after satisfaction of 1 The Department notes that the Rights do not including the Plan, were treated in a exercises by Rights holders of the Basic Privilege constitute ‘‘qualifying employer securities’’ within like manner with respect to all aspects and the Oversubscription Privilege. The standby the meaning of section 407(d)(5) of the Act. of the Rights Offering. Continued 54226 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices prior to the Expiration Time, which the Rights allocated to their respective acquired shares of the Employer Stock minimum condition was achieved.3 accounts, or (ii) to sell the Rights on the to the account of the Invested 4. It is represented that the open market. In order to allow the Participant from which the funds had acquisition, holding, and disposition of Trustee sufficient time to carry out the been obtained. the Rights by the affected participant administrative procedures required to In the event that the market price for accounts in the Plan occurred in review the Direction Forms of the the Employer Stock, including the effect accordance with Plan provisions for the Invested Participants and to implement of any applicable brokerage individually directed investment of such directions, Invested Participants commissions and other expenses, was such accounts. In anticipation of the had to return a properly completed form less than the Subscription Price at the Rights Offering, the trust agreement (the to the Trustee by 5:00 p.m., Pacific time the Trustee was to exercise the Trust Agreement) of the Plan was Time, on December 1, 1995 (i.e., 10 Rights pursuant to such election by an amended in order to permit Invested business days before the expiration date Invested Participant, the Trustee was Participants as of the Record Date to of the Rights Offering). Invested not to exercise such Rights. It is direct the Trustee either to exercise or Participants who failed to return a represented that on December 15, 1995, sell the Rights attributable to their timely and properly completed the expiration date of the Rights accounts, and such amendments also Direction Form to the Trustee were Offering and the date on which the established the procedures for making deemed to have directed the Trustee to Trustee exercised Rights on behalf of the such directions. Due to the amendments sell their respective Rights on the open Invested Participants so directing the to the Trust Agreement and, market. exercise of their Rights, the Subscription consequently, the conversion of the Plan Invested Participants who directed Price was less than the market price for from a prototype plan into an the Trustee to exercise their Rights had a share of the Employer Stock on individually designed plan, the to specify the order in which to NASDAQ,4 after giving effect to any Employer has submitted the Plan to the liquidate their other Plan investments, if applicable brokerage commissions and Internal Revenue Service for its necessary, to obtain the funds for the other expenses. determination on the qualification of the payment of the Subscription Price. If an All sales of Rights by Invested Plan as an individually designed plan. Invested Participant failed so to specify, Participants were to be executed by 5. It is further represented that on the Trustee would automatically Sandler O’Neal & Partners, L.P., the November 8, 1995 all Invested liquidate such investments in the Employer’s financial advisor for the Participants received by hand delivery a following order: (i) Stable Value Fund; Rights Offering (the Financial Advisor), packet of information pertaining to the (ii) Balanced Fund; (iii) Large Value at the market price per Right. Neither Rights Offering, which included: (i) a Equity Fund; (iv) Large Growth Fund; the Trustee nor the Financial Advisor copy of the Rights Offering Circular (v) Small Growth Fund; and (vi) were to charge any commissions or published by the Employer; (ii) a notice International Equity Fund. Invested other fees in connection with the sale of from the Trustee describing the Participants also had to specify the Rights. The proceeds from the sale of procedures for participant directions order in which to liquidate within each any Rights were to be deposited in the with respect to the Rights Offering; (iii) investment fund the following types of accounts of the Invested Participants in a direction form (the Direction Form); contributions: profit-sharing proportion to the number of Rights they and (iv) a Statement of Benefits for the contributions, elective deferrals, elected to sell, to be invested in quarter ending September 30, 1995, employer matching contributions, accordance with their then current containing information regarding the qualified matching contributions, or investment selections. number of shares of the Employer Stock rollover contributions. If an Invested However, the Trustee inadvertently allocated to each Invested Participant Participant failed so to specify, the did not follow the Invested Participants’ under his or her individual account, as Trustee would automatically liquidate directions with respect to the sale or well as the number of Rights issued to each investment fund from the exercise of their Rights within the time each in proportion to the number of following order of contributions: (i) frame established by the Rights Offering shares of the Employer Stock held. As Rollover contributions; (ii) profit Circular. When the Trustee discovered of November 8, 1995, the Employer had sharing contributions; (iii) employer that the Rights Offering had expired, it also furnished all other Record Date matching contributions; (iv) qualified took immediate steps to make the Plan Shareholders with information matching contributions; and (v) elective whole. Accordingly, on January 22, regarding the Rights Offering by mail. deferrals. The Trustee would exercise 1996, the Trustee paid $2,111.31 to the 6. The Direction Form provided to Rights only to the extent of the funds Plan. Invested Participants enabled them to available in the Invested Participant’s 8. The Employer represents that the direct the Trustee either (i) to exercise account. Thus, if an Invested Participant following is a summary of the Rights had insufficient funds to pay the Offering. As of the Record Date, the total purchase agreements have no bearing on this Subscription Price for all of the shares number of shares of Employer Stock proposed exemption. of the Employer Stock subscribed for, outstanding prior to the Rights Offering 3 The Employer was not required to issue shares the Trustee would attempt to sell any was 1,105,000, of which approximately of the Employer Stock pursuant to the Rights Rights not exercised on the open Offering to any Rights holder or standby purchaser 21,436 shares, or approximately two who, in the Employer’s sole judgment and market. percent were held by the Plan. The discretion, was required to obtain prior clearance, 7. Once the Trustee obtained the Rights issued to the Plan pursuant to the approval, or non disapproval from any Federal bank funds necessary for the payment of the regulatory authority to own or control such shares, Rights Offering were allocated to the Subscription Price, the Trustee would account of each Invested Participant for unless prior to the expiration time, evidence of such transfer such funds to the Reserve clearance, approval, or nondisapproval had been his or her direction on the exercise or provided to the Employer. This regulatory Deposit Account in the Plan, pending a sale of such Rights. The Rights, as listed limitation had no bearing on this proposed transfer to the Subscription Agent. Once on NASDAQ, were initially valued at 1⁄8 exemption because it was not possible for the the Subscription Agent purchased the relatively small number of shares of the Employer Stock available for purchase by the Invested Employer Stock pursuant to an exercise 4 As of December 15, 1995, the closing price of Participants to trigger the regulatory limitation on of Rights by an Invested Participant, the the Employer Stock, as quoted on NASDAQ, was purchases described in the Rights Offering Circular. Trustee would allocate the newly $12.25 per share. Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54227 per Right on November 21, 1995 and at FOR FURTHER INFORMATION CONTACT: Ms. subsequent to the date the grant notice 1⁄64 per Right on December 14, 1995, the Karin Weng of the Department, is published in the Federal Register. date prior to the expiration date of the telephone (202) 219–8881. (This is not Preamble Rights Offering. Ninety of the Invested a toll-free number.) This proposed exemption is requested Participants elected to sell their Rights, John A. Colglazier Self Employment in an application filed with the a total of 19,117 Rights. The market Retirement Plan (the Plan), Located in San Department by Mr. Colglazier. The price of such Rights on December 4, Antonio, TX application updates the facts and 1995, the date on which such Rights [Application No. D–10291] representations contained in PTE 86–95 should have been sold, was 1⁄16 per which would have permitted the Plan to Right. Two of the Invested Participants Proposed Exemption and Replacement of sell the Property to Mr. Colglazier. The elected to exercise their Rights pursuant Exemption transaction was never consummated to the Basic Privilege, a total of 282 The Department is proposing to grant due to declining real estate values Rights. No Invested Participants elected a new exemption that will replace which resulted in Mr. Colglazier’s to exercise the Oversubscription Prohibited Transaction Exemption (PTE) inability to obtain financing. In view of Privilege. 86–95 (51 FR 26077, July 18, 1986). the passage of time and certain factual The total number of shares of the Authority to grant the proposed changes, the Department believes that it Employer Stock outstanding after the exemption and to replace PTE 86–95 is is necessary to replace PTE 86–95 by Rights Offering was 2,295,983, an given to the Department under section reproposing the requested exemption in increase of 1,190,983 shares. Of these 4975(c)(2) of the Code and in a form which accurately reflects the additional 1,190,983 shares, accordance with the procedures set current facts and circumstances. approximately 190,983 were sold to forth in 29 CFR Part 2570, Subpart B (55 shareholders upon exercise of their FR 32836, 32847, August 10, 1990). Summary of Facts and Representations Rights, or to investors who purchased If the proposed exemption is granted, 1. The Plan is a defined contribution, the Rights on the open market, and the the sanctions resulting from the profit sharing plan and the successor to other 1,000,000 shares were sold to application of section 4975 of the Code, another plan that was originally outside investors pursuant to certain by reason of section 4975(c)(1) (A) established in 1983. The Plan, including standby purchase agreements. through (E) of the Code, will not apply its predecessor, has always had one 9. In summary, the applicant to the cash sale by the Plan, for $74,250, participant, John A. Colglazier. Mr. represents that the transactions satisfied of a parcel of unimproved real property Colglazier, a sole proprietor engaged in the criteria for an exemption under (the Property) to John A. Colglazier, a the commercial and investment real section 408(a) of the Act for the sole proprietor and a disqualified estate business in San Antonio, Texas, following reasons: (1) The Plan’s person with respect to the Plan.5 serves as the Plan trustee and the acquisition and holding of the Rights in This proposed exemption is subject to decisionmaker with respect to the Plan’s connection with the Rights Offering the following conditions: investments. As of March 31, 1996, the occurred as a result of an independent (a) The sale is a one-time transaction Plan had total assets of $98,487. act of the Employer as a corporate for cash that is entered into within 90 2. Among the assets of the Plan 6 is a entity; (2) all holders of the Employer days following the publication, in the parcel of real property consisting of Stock, including the Plan, were treated Federal Register, of the notice granting 1.0307 acres of unimproved land in a like manner with respect to all the proposed exemption. located in the northeast corner of the aspects of the Rights Offering; (3) the (b) The Plan does not pay any real intersection of Mesquite and Duval acquisition, holding, and disposition of estate fees or commissions in Streets in San Antonio, Bexar County, the Rights by the affected participant connection with the sale. Texas. The Property is in close accounts occurred in accordance with (c) The Property is appraised by a proximity to the Adjoining Properties Plan provisions for the individually qualified, independent appraiser. that are owned by Mr. Colglazier. directed investment of such accounts; (d) The Plan receives, as 3. The Plan purchased the Property on and (4) the Invested Participants’ consideration, an amount that is equal October 1, 1985 from William Cole accounts held only approximately two to the greater of $74,250 or the fair Butler, an unrelated party, for a percent of the Employer Stock market value of the Property as of the purchase price of $2.80 per square foot outstanding as of the Record Date. date of the sale, including any special plus $101 in charges, or a total Notice to Interested Persons value attributed to the Property by acquisition price of $126,093.94. At no time has the Property ever been Notice of the proposed exemption reason of its proximity to other real property (the Adjoining Properties) encumbered by a mortgage or a deed of shall be given to all interested persons, trust. and all employee organizations in owned by Mr. Colglazier. (e) All terms and conditions of the 4. Since it has owned the Property, which they are members, by personal the Plan has incurred total costs and delivery, by first-class mail, or by sale remain at least as favorable to the Plan as those obtainable in an arm’s real estate taxes of approximately posting in the Employer’s offices within $24,059. The Plan has also leased the 15 days of the date of publication of the length transaction with an unrelated party at the time of the sale. Property to Conex Construction, Inc., an notice of pendency in the Federal unrelated party, but never to a Register. Such notice shall include a Temporary Nature of Exemption/Effective disqualified person. The subject lease, copy of the notice of proposed Date which commenced on November 1, exemption as published in the Federal This proposed exemption, if granted, 1989 and expired on October 15, 1990, Register and shall inform interested will be effective for a period of 90 days required the lessee to pay a monthly persons of their right to comment and/ rental of $200. or to request a hearing with respect to 5 Because Mr. Colglazier is a sole proprietor and 5. At the time the Property was the proposed exemption. Comments and the only participant in the Plan, there is no jurisdiction under Title I of the Employee purchased by the Plan, it is represented requests for a hearing are due within 45 Retirement Income Security Act of 1974 (the Act). days of the date of publication of this However, there is jurisdiction under Title II of the 6 Unless otherwise noted, references to the Plan notice in the Federal Register. Act pursuant to section 4975 of the Code. include its predecessor. 54228 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices that Mr. Colglazier, as Plan trustee, nominal since there has been very distribute the notice of pendency to intended to develop the Property with a limited development activity in the San interested persons. Therefore, comments warehouse that would be constructed Antonio area for many years. Mr. Dugger and requests for a hearing are due 30 thereon and used for commercial rental. concludes that the intrinsic value of the days from the publication of this notice Soon after closing the sale, Mr. Property to Mr. Colglazier is in the Federal Register. Colglazier realized that the Plan did not approximately 10 percent above the have sufficient assets to construct the market value of $67,500 or $74,250. FOR FURTHER INFORMATION CONTACT: Ms. warehouse and considered obtaining 9. Accordingly, Mr. Colglazier Jan D. Broady of the Department, third party financing to realize this requests an administrative exemption telephone (202) 219–8881. (This is not objective. However, after exploring from the Department in order to a toll-free number.) various options, Mr. Colglazier decided purchase the Property from the Plan. General Information that it would be more appropriate to The new exemption is being requested purchase the Property from the Plan. in view of changed circumstances that The attention of interested persons is Therefore, on advice of counsel, Mr. would render PTE 86–95 invalid. As directed to the following: discussed above, these factual changes Colglazier applied to the Department for (1) The fact that a transaction is the an administrative exemption. are (a) Mr. Colglazier’s acquisition of the subject of an exemption under section 6. On July 18, 1986, the Department Adjoining Properties and (b) the special granted PTE 86–95 which would have value attributed to the Property by Mr. 408(a) of the Act and/or section permitted the Plan to sell the Property Dugger as a result of such Adjoining 4975(c)(2) of the Code does not relieve to Mr. Colglazier for cash, for the higher Property acquisition. If granted, the new a fiduciary or other party in interest of of the fair market value of the Property exemption will replace PTE 86–95. disqualified person from certain other or $146,000. Although Mr. Colglazier 10. Mr. Colglazier proposes to provisions of the Act and/or the Code, was ready to complete the sale purchase the Property from the Plan for including any prohibited transaction following the granting of PTE 86–95, he cash for a price that is equal to the provisions to which the exemption does was unable to obtain the necessary greater of $74,250 or the fair market not apply and the general fiduciary financing because the real estate market value of the Property on the date of the responsibility provisions of section 404 had collapsed in Texas. Therefore, Mr. sale, including any special value of the Act, which among other things Colglazier never utilized PTE 86–95. attributed to the Property by reason of require a fiduciary to discharge his 7. On February 7, 1996, Mr. Colglazier its proximity to the Adjoining duties respecting the plan solely in the purchased the Adjoining Properties Properties. The Plan will not incur any interest of the participants and from Flo-Line Filters, Inc., an unrelated fees, commissions, expenses or other beneficiaries of the plan and in a party for a total purchase price of costs in connection with the sale. In prudent fashion in accordance with $37,500. The Adjoining Properties addition, the transaction must be section 404(a)(1)(b) of the act; nor does consist of two parcels of vacant land. entered into within 90 days following it affect the requirement of section One of the parcels is located on Austin the publication, in the Federal Register, 401(a) of the Code that the plan must Street and Duval Street and contains of the notice granting the proposed operate for the exclusive benefit of the 0.7059 acres. The other parcel is located exemption. employees of the employer maintaining on Mesquite Street and Brooks Street 11. In summary, it is represented that the plan and their beneficiaries; and contains 0.2473 acres. the proposed transaction will satisfy the It is represented that Mr. Colglazier terms and conditions of section (2) Before an exemption may be decided to purchase the Adjoining 4975(c)(2) of the Code because: (a) The granted under section 408(a) of the Act Properties because it would allow him sale will be a one-time transaction for and/or section 4975(c)(2) of the Code, to construct a larger warehouse, when cash that must be entered into within 90 the Department must find that the combined with the Property. Also, it is days following the publication, in the exemption is administratively feasible, represented that one of the Adjoining Federal Register, of the notice granting in the interests of the plan and of its Properties has frontage on a freeway and the proposed exemption; (b) the Plan participants and beneficiaries and Mr. Colglazier believes that this factor will not pay any real estate fees or protective of the rights of participants will enhance his ability to sell all of the commissions in connection with the and beneficiaries of the plan; Properties as one tract if he decides not sale; (c) the Property has been appraised (3) The proposed exemptions, if to construct the warehouse. However, at by a qualified, independent appraiser; granted, will be supplemental to, and this time, Mr. Colglazier intends to (d) the Plan will receive as not in derogation of, any other construct the warehouse to provide consideration an amount that is equal to provisions of the Act and/or the Code, income for his retirement. the greater of $74,250 or the fair market including statutory or administrative 8. The Property has been appraised by value of the Property as of the date of exemptions and transitional rules. Richard L. Dugger, MAI, CRE, a the sale, including any special value Furthermore, the fact that a transaction qualified, independent appraiser. In an attributed to the Property by reason of is subject to an administrative or appraisal report dated May 14, 1996, its proximity to the Adjoining statutory exemption is not dispositive of Mr. Dugger has placed the fair market Properties; and (e) all terms and whether the transaction is in fact a value of the Property at $67,500 as of conditions of the sale will remain at prohibited transaction; and April 19, 1996. In valuing the Property, least as favorable to the Plan as those Mr. Dugger has considered comparable obtainable in an arm’s length (4) The proposed exemptions, if sales of other properties. transaction with an unrelated party at granted, will be subject to the express In an addendum to the appraisal the time of the sale. condition that the material facts and dated July 17, 1996, Mr. Dugger has representations contained in each determined that the Property has Notice to Interested Persons application are true and complete, and nominal, incremental value by reason of Because Mr. Colglazier is the only that each application accurately Mr. Colglazier’s ownership of the person in the Plan who will be affected describes all material terms of the Adjoining Properties. According to Mr. by the proposed transaction, it has been transaction which is the subject of the Dugger, the incremental value is determined that there is no need to exemption. Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54229

Signed at Washington, DC, this 11th day of the entire record, the Department makes participation by TIAA in the Separate October, 1996. the following findings: Account after the trigger point (the Ivan Strasfeld, (a) The exemptions are Trigger Point), as defined in Section Director of Exemption Determinations, administratively feasible; IV(o) below, has been reached or during Pension and Welfare Benefits Administration, (b) They are in the interests of the the wind down period of the Separate U.S. Department of Labor. plans and their participants and Account (the Wind Down), as defined in [FR Doc. 96–26602 Filed 10–16–96; 8:45 am] beneficiaries; and Section IV(q) below, provided that the BILLING CODE 4510±29±P (c) They are protective of the rights of conditions set forth in Section III have the participants and beneficiaries of the been satisfied.* plans. [Prohibited Transaction Exemption 96±76; Section III—General Conditions Exemption Application No. D±09915, et al.] Teachers Insurance and Annuity Association of America (TIAA) Located This exemption is conditioned upon Grant of Individual Exemptions; in New York, New York the adherence by TIAA to the material Teachers Insurance and Annuity facts and representations described in [Prohibited Transaction Exemption 96–76 the notice of proposed exemption (the AGENCY: Pension and Welfare Benefits Exemption Application No. D–09915] Notice) and upon satisfaction of the Administration, Labor. Exemption following requirements: ACTION: Grant of individual exemptions. (a) The decision to elect to add the Section I—Exemption for Certain Separate Account as an additional Transactions Involving the Purchase SUMMARY: This document contains pension funding option for employee and Sale of Certain Units in a Real exemptions issued by the Department of benefit plans (the Plan or Plans), as Estate Separate Account by TIAA Labor (the Department) from certain of defined in Section IV(h) below, which the prohibited transaction restrictions of The restrictions of sections 406(a), invest in the Separate Account has been the Employee Retirement Income 406(b)(1) and 406(b)(2) of the Act and and is made by the fiduciaries of such Security Act of 1974 (the Act) and/or the sanctions resulting from the Plans (the Fiduciary or Fiduciaries), as the Internal Revenue Code of 1986 (the application of section 4975 of the Code, defined in Section IV(e) below, or in the Code). by reason of section 4975(c)(1)(A) case of a TIAA supplemental retirement Notices were published in the Federal through (E) of the Code shall not apply, annuity contract (SRA) or a TIAA Register of the pendency before the effective October 2, 1995, to the individual retirement annuity contract Department of proposals to grant such transactions described below, if each of (IRA), the decision to elect to add the exemptions. The notices set forth a the conditions set forth in Section III Separate Account as an additional summary of facts and representations have been satisfied: pension funding option to a TIAA SRA contained in each application for (a) The purchase by TIAA of certain or a TIAA IRA, has been and is made exemption and referred interested units (the Liquidity Units), as defined in by the participant in such TIAA SRA or persons to the respective applications Section IV(g) below, in a real estate TIAA IRA, if the Fiduciaries of the for a complete statement of the facts and separate account established and Plans, and the TIAA SRA and TIAA IRA representations. The applications have operated by TIAA (the Separate participants are unrelated to TIAA and been available for public inspection at Account), as defined in Section IV(l) its affiliates (the Affiliates or Affiliate), the Department in Washington, D.C. The below, in the event of net withdrawals as defined in Section IV(b) below (other notices also invited interested persons from the Separate Account; and than the fiduciaries of any TIAA to submit comments on the requested (b) The sale of Liquidity Units of the Pension Plans, as defined in Section exemptions to the Department. In Separate Account by TIAA in the event IV(n) below); addition the notices stated that any of net contributions to the Separate (b) Each of the Properties in the interested person might submit a Account. Separate Account has been and is written request that a public hearing be Section II—Exemption for the Purchase valued at least annually by an held (where appropriate). The of Liquidity Units Owned by TIAA in independent, qualified appraiser; applicants have represented that they the Separate Account in Connection (c) Except as otherwise specified have complied with the requirements of With a Decrease in TIAA’s Participation below in paragraph (c)(10) of this the notification to interested persons. in the Separate Account Under Certain Section III, prior to investment of funds No public comments and no requests for Circumstances in the Separate Account by any a hearing, unless otherwise stated, were participants in a Plan (the Participant or received by the Department. The restrictions of section 406(a), Participants) (and, if applicable, by any The notices of proposed exemption 406(b)(1) and 406(b)(2) of the Act and of the Plans) which participate in the were issued and the exemptions are the sanctions resulting from the Separate Account, TIAA has furnished being granted solely by the Department application of section 4975 of the Code, and will furnish to the Fiduciaries of because, effective December 31, 1978, by reason of section 4975(c)(1)(A) such Plans, to the sponsors of any TIAA section 102 of Reorganization Plan No. through (E) of the Code shall not apply, SRA, and to the participants in any 4 of 1978 (43 FR 47713, October 17, effective October 2, 1995, to: (a) The use TIAA IRA, the following information: 1978) transferred the authority of the of cash flow from the Separate Account (1) A copy of the most recent Secretary of the Treasury to issue (the Cash Flow), as defined in Section prospectus for the Separate Account; exemptions of the type proposed to the IV(d) below; (b) the use of liquid (2) Full disclosure concerning the Secretary of Labor. investments in the Separate Account; or (c) the use of the proceeds from the sale investment guidelines, structure, Statutory Findings of certain properties (the Properties), as manner of operation, and administration In accordance with section 408(a) of defined in Section IV(i) below, owned of the Separate Account; the method of the Act and/or section 4975(c)(2) of the by the Separate Account, for the Code and the procedures set forth in 29 purpose of purchasing Liquidity Units * For purposes of this exemption references to specific provisions of Title I of the Act, unless CFR Part 2570, Subpart B (55 FR 32836, in the Separate Account from TIAA in otherwise specified, refer also to the corresponding 32847, August 10, 1990) and based upon connection with a decrease in the provisions of the Code. 54230 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices valuation applicable to accumulation a TIAA IRA, which the participant in (4) Any information or TIAA units (the Accumulation Units), as such TIAA SRA or TIAA IRA reasonably publication, to be distributed from time defined in Section IV(a) below, and the requests in order to determine if he or to time, which TIAA reasonably method of valuation of the Properties, she should elect to add the Separate believes to be necessary or which the and all other assets owned by the Account as an additional pension Fiduciaries request, or in the case of a Separate Account; funding option under such SRA or IRA TIAA SRA or a TIAA IRA, which the (3) A written description of potential contract with TIAA; and participant in such SRA or IRA requests conflicts of interest that may result from (10) A copy of the Notice, as it (including but not limited to quarterly TIAA’s acquisition, purchase, retention, appeared in the Federal Register, has financial reports filed with the SEC) in redemption, or sale of Accumulation been provided to the Fiduciaries of the order to determine whether any Units in the Separate Account; Plans, to the sponsors of the Plans, to Participant in such Plan, or participant (4) The rules and procedures for the sponsors of any TIAA SRA, and to in such SRA or IRA should buy, sell, or withdrawal, transfer, redemption, the participants in any TIAA IRA which continue to hold the Units in the distribution, and payout applicable prior to or after the publication of the Separate Account, as defined in Section throughout the term of the Separate Notice elected to add the Separate IV(p) below; and Account to TIAA, to individual Account as an additional pension (5) A written notification that Participants (and, if applicable, to Plans) funding option. In addition, a copy of quarterly financial reports (including which participate in the Separate the granted exemption (the Grant), as it the list of Properties and their current Account; appeared in the Federal Register, is values) are available upon request and (5) The expense and fee provisions of provided to the Fiduciaries of the Plans, a written disclosure of the toll-free the Separate Account (including but not to the sponsors of the Plans, to the telephone number by which Plan limited to a description of any services sponsors of any TIAA SRA, and to the Fiduciaries and Plan Sponsors may rendered by TIAA, a schedule of fees for participants in any TIAA IRA which are request delivery of such quarterly such services, and an estimate of the invested in the Separate Account at the financial reports will be provided by amount of fees to be paid by the time of the publication of the Grant. If TIAA in a publication sent to all Plan Separate Account annually); subsequent to the publication of the Fiduciaries and all Plan Sponsors of the (6) A list of all assets in the Separate Grant, any fiduciaries of plans, any Plans, beginning after the end of the first Account, as of the end of the most sponsors of plans, the sponsors of any calendar quarter after the Grant is recent fiscal period of the Separate SRA, or the participants in any TIAA published in the Federal Register and Account, and a list of the Properties IRA choose to elect to add the Separate continuing at least quarterly thereafter. which the Separate Account acquired or Account as an additional pension (e) An independent, qualified sold within twelve months prior to the funding option to enable such plans to fiduciary (the Independent Fiduciary), end of the most recent fiscal period of invest in the Separate Account, the as defined in Section IV(f) below, has the Separate Account; fiduciaries of such plans, the sponsors been appointed prior to or coincident (7) The appropriate financial of such plans, the sponsors of such SRA, with the start of operations of the statements pertaining to the Separate and the participants in any such IRA Separate Account (and is subject to Account (including but not limited to shall be provided, prior to investment in renewal and removal described herein) the most recent audited annual report, the Separate Account, with a copy of whose responsibilities include, but are income statement, and balance sheet on both the Notice and the Grant, as such not limited to: the Separate Account); documents appeared upon publication (1) Reviewing and approving the (8) The toll-free telephone number by in the Federal Register. written investment guidelines of the which information relating to the value (d) TIAA has made and will make Separate Account as established by of the units in the Separate Account (the available, within the time periods TIAA, and approving any changes to Units) and information concerning the specified below in subparagraphs (1) such investment guidelines; quarterly return of the Separate Account through (5) of this paragraph (d), to the (2) Monitoring whether the Properties is made available daily; Fiduciaries of the Plans, or in the case acquired by the Separate Account (9) Any reasonably available of a TIAA SRA or a TIAA IRA, to the conform with the requirements of such information (including but not limited participant in such SRA or IRA: investment guidelines; to, a copy of the most recent quarterly (1) Information relating to the value of (3) Reviewing and approving and other financial reports for the the Units in the Separate Account to be valuation procedures for the Separate Separate Account filed with the available daily over a toll-free telephone Account and approving changes in Securities and Exchange Commission number and/or to be distributed in those procedures; (SEC), and the most recent copy of any writing to Participants (or, if applicable, (4) Reviewing and approving the supplemental schedules of information, to the Plans) in the Separate Account in valuation of Units in the Separate publications, or ancillary materials quarterly confirmation statements Account and the valuation of Properties which have been made available to the within five (5) to ten (10) days after the held in the Separate Account, as Fiduciaries of the Plans or to the end of each calendar quarter; described in the Summary of Facts and sponsors of the plans (the Plan Sponsor (2) Information concerning the Representations in the Notice; or the Plan Sponsors) or to Participants quarterly return of the Separate Account (5) Approving the appointment of all invested in the Separate Account) to be available daily over a toll-free independent, qualified appraisers which TIAA believes to be necessary, or telephone number and/or to be retained by TIAA to perform periodic which any fiduciary of a plan or any distributed in writing to Participants (or, valuations of the Properties in the sponsor of a plan reasonably requests in if applicable, to the Plans) in the Separate Account; order to determine whether such plan Separate Account in quarterly (6) Requiring appraisals in addition to should elect to add the Separate confirmation statements within five (5) those normally conducted, whenever, Account as an additional pension to ten (10) days after the end of each the Independent Fiduciary believes that funding option for the benefit of calendar quarter; the characteristics of any of the participants (or, if applicable, for such (3) A prospectus for the Separate Properties have changed materially, or plan), or, in the case of a TIAA SRA or Account to be distributed annually; with respect to any of the Properties, Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54231 whenever the Independent Fiduciary (12) Reviewing any other transactions the six-year period, and no parties in deems an additional appraisal to be or matters involving the Separate interest, other than TIAA or its necessary or appropriate in order to Account that are submitted to the Affiliates, shall be subject to a civil assure the correct valuation of the Independent Fiduciary by TIAA and penalty that may be assessed under Separate Account; determining whether such transactions section 502(i) of the Act, or to taxes (7) Reviewing the purchases and sales or other matters are fair to the Separate imposed by section 4975 (a) and (b) of of Units in the Separate Account by Account and in the best interest of the the Code, if the records are not TIAA and the Participants (and, if Separate Account. maintained, or are not available for applicable, by the Plans) which (f) The exemption is also subject to examination as required by paragraph (i) participate in the Separate Account to the condition that the following below. assure that the correct values of the transactions involving the Separate (i)(1) Except as provided in Units and of the Separate Account are Account have not occurred and will not subparagraph (2) of this paragraph (i) applied; reviewing the fixed repayment occur: and notwithstanding any provision of schedule applicable to the redemption (1) Participation by the Independent subsection (a)(2) and (b) of section 504 of certain seed money units (the Seed Fiduciary, TIAA, any Affiliate of TIAA, of the Act, the records referred to in Money Units), as defined in Section TIAA’s general account (the General paragraph (h) of this Section III are IV(k) below, as approved by the State of Account), or any other separate account unconditionally available at their New York Insurance Department; over which TIAA or its Affiliates has customary location for examination reviewing any exercise of discretion by any investment control in any joint during normal business hours by: TIAA to accelerate the fixed repayment venture with the Separate Account, or (A) Any duly authorized employee or schedule applicable to the redemption in the ownership of the Properties of the representative of the Department of of Seed Money Units; and, approving Separate Account either alone or Labor (The Department) or the Internal TIAA’s exercise of discretion only if together with a joint venture partner; Revenue Service; such acceleration would benefit the (2) The borrowing of funds from the (B) Any Fiduciary of a Plan which Participants in the Separate Account; Separate Account by the Independent participates in the Separate Account, or (8) After (and, if necessary, during) Fiduciary, TIAA, any Affiliate of TIAA, in the case of a TIAA SRA or a TIAA the start up period (the Start Up Period), TIAA’s General Account, or any other IRA, any participant in such SRA or as defined in Section IV(m) below, separate account over which TIAA or its IRA, who has authority to acquire or determining the appropriate Trigger Affiliates has investment control, or the dispose of the interests of such SRA or Point, with respect to the ongoing lending of funds to the Separate IRA contract, or any duly authorized ownership by TIAA of Liquidity Units; Account by the Independent Fiduciary, employee or representative of such establishing a method to implement any TIAA, any Affiliate of TIAA, TIAA’s Fiduciary of a Plan or participant in changes to the Trigger Point; adjusting General Account, or any other separate such SRA or IRA; the percentage which serves as the account over which TIAA or its (C) Any contributing employer to any Trigger Point; approving or requiring Affiliates has investment control in Plan participating in the Separate any reduction of TIAA’s interest in the order to leverage any purchase by the Account, or any duly authorized Separate Account; and, approving the Separate Account of any of the employee or representative of such manner in which such reduction of Properties, or otherwise; and employer; and TIAA’s participation in the Separate (3) The acquisition by the Separate (D) Any Participant or beneficiary of Account in excess of the Trigger Point Account of any Properties from or the any Plan participating in the Separate is to be effected; sale by the Separate Account of any Account, or any duly authorized (9) In the event the Trigger Point is Properties to the Independent Fiduciary, employee or representative of such reached, participating in and planning TIAA, any Affiliate of TIAA, TIAA’s Participant or beneficiary. any program of sales of the assets of the General Account, or any other separate (2) None of the persons described in Separate Account, which would include account over which TIAA or its subparagraphs (1) (B) through (D) of this the selection of the Properties to be sold, Affiliates has investment control. paragraph (i) shall be authorized to the guidelines to be followed in making (g) The liquidation of any examine the trade secrets of TIAA or such sales, and the approval of such Accumulation Units held by a any of its Affiliates, or any of its sales, if in the opinion of the Participant or participating Plan, for commercial or financial information Independent Fiduciary, such sales are which a withdrawal request is pending, which is privileged or confidential. desirable at the Trigger Point in order to has not been and will not be delayed by reduce the ownership by TIAA of reason of the redemption of Seed Money Section IV—Definitions Liquidity Units in the Separate Account Units held by TIAA, and TIAA will For the purpose of this exemption: or to facilitate the Wind Down; always advance funds by purchasing (a) ‘‘Accumulation Units’’ mean the (10) Supervising the operation of the Liquidity Units to fund the withdrawal units of interest into which equity Separate Account during the Wind requests of Participants or Plans on a participation in the Separate Account is Down of such Separate Account; timely basis; divided during the accumulation phase (11) During the Wind Down, planning (h) TIAA must maintain for a period of the annuity contracts prior to any program of sales of the assets of the of six (6) years from the date of any retirement by a Participant. Seed Money Separate Account, including the transaction, the records necessary to Units, as defined in Section IV(k) below, selection of the Properties to be sold, enable the persons described in and Liquidity Units, as defined in determining the guidelines to be paragraph (i) of this Section III to Section IV(g) below, are Accumulation followed in making such sales, and determine whether the conditions of Units. approving the sale of the Properties in this exemption have been met. (b) ‘‘Affiliate’’ or ‘‘Affiliates’’ of TIAA the Separate Account, in the event of However, a prohibited transaction will include(s): the termination of the Separate Account, not be considered to have occurred if, (1) Any person directly or indirectly, if in the opinion of the Independent due to circumstances beyond the control through one or more intermediaries, Fiduciary, such sales are desirable to of TIAA and its Affiliates, the records controlling, controlled by or under facilitate the Wind Down; and are lost or destroyed prior to the end of common control with TIAA. 54232 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

(2) Any officer, director, or employee Independent Fiduciary for the Separate Section IV(a) above, that are purchased of TIAA, or of a person described in Account for any fiscal year, if the gross from Participants (or, if applicable, from paragraph (b)(1) of Section IV, and income received from TIAA or its the Plans) who participate in the (3) Any partnership in which TIAA is Affiliates by such organization or Separate Account by TIAA’s General a partner. individual (or by any partnership or Account, when the Cash Flow of the (c) ‘‘Control’’ means the power to corporation of which such organization Separate Account, as defined above in exercise a controlling influence over the or individual is an officer, director, or Section IV(d), and liquid investments of management or policies of a person 10 percent (10%) or more partner or the Separate Account are insufficient, in other than an individual. shareholder) for that fiscal year exceeds order to guarantee liquidity for such (d) ‘‘Cash Flow’’ means: (1) The sum 5 percent (5%) of its or his annual gross Participants (or, if applicable, for such of: (a) Income received by the Separate income from all sources for the prior Plans) who wish to withdraw or transfer Account from investments (including fiscal year. If such organization or funds from the Separate Account. dividends and/or interest from non-real individual had no income for the prior (h) ‘‘Plan or Plans’’ mean(s) an estate investments, and net operating fiscal year, the 5 percent (5%) limitation employee benefit plan or employee income, less payment of capital is applied with reference to the fiscal benefit plans (primarily participant- expenditures and changes in reserves year in which such organization or directed defined contribution plans, but for capital expenditures, from equity individual serves as an Independent also some defined benefit plans), real estate investments); and (b) Fiduciary. The income limitation qualified pursuant to sections 401(a), Participant and Plan contributions includes services rendered to the 403(a), 403(b), 414(d) and 457(b) of the (including transfers to the Separate Separate Account as Independent Code, as well as any TIAA IRA and Account) MINUS (2) the sum of: (a) Fiduciary, as described in this TIAA SRA, as described, respectively, Separate Account expense charges exemption. under section 408 and section 403(b) of (including investment and (3) No organization or individual who the Code, which may participate in administrative expenses for mortality is an Independent Fiduciary, and no ownerships of Units in the Separate and expense guarantees); and (b) any partnership or corporation of which Account and which are subject to redemption of Seed Money Units at fair such organization or individual is an section 406 of the Act and/or section market value. officer, director, or 10 percent (10%) or 4975 of the Code. (e) ‘‘Fiduciary’’ or ‘‘Fiduciaries’’ more partner or shareholder, during the (i) ‘‘Properties’’ mean the mean(s) the individual fiduciary or period that such organization or geographically dispersed retail and fiduciaries acting on behalf of each of individual serves as an Independent office buildings, light industrial the Plans that invest in the Separate Fiduciary and continuing for a period of facilities, and residential apartment Account. six (6) months after such organization or space with good operating income (and (f) ‘‘Independent Fiduciary’’— individual ceases to be an Independent such other Properties that may be (1) For purposes of this definition, an Fiduciary, may acquired pursuant to changes in the Independent Fiduciary means a person (A) Acquire any property from or sell investment guidelines for the Separate who: any property to TIAA, its Affiliates, Account that are approved by the (A) Is not an Affiliate of TIAA; TIAA’s General Account, or any Independent Fiduciary) which TIAA (B) Does not have an ownership separate account maintained by TIAA or has acquired on behalf of the interest in TIAA or its Affiliates; its Affiliates, including the Separate Participants (and, if applicable, the (C) Is not a corporation or partnership Account; Plans) that invest in the Separate in which TIAA or any of its Affiliates (B) Borrow any funds from, or lend Account. has an ownership interest; any funds to TIAA, its Affiliates, TIAA’s (j) ‘‘Seed Money’’ means the total (D) Is not a Fiduciary with respect to General Account, or any separate amount (not to exceed $100 million) any Plan which participates in the account maintained by TIAA or its actually contributed by TIAA’s General Separate Account; Affiliates, including the Separate Account to the Separate Account for the (E) Has acknowledged in writing Account; purpose of acquiring Properties for the acceptance of fiduciary responsibility; (C) Participate in any joint venture Separate Account. Seed Money will be and with TIAA, its Affiliates, TIAA’s applied to purchase Accumulation (F) Is either: General Account, or any separate Units at the fair market value of those (i) A business organization which has account maintained by TIAA or its Units at the time of purchase. at least five (5) years of experience with Affiliates, including the Separate (k) ‘‘Seed Money Units’’ mean the respect to commercial real estate Account, or participate, either alone or Accumulation Units, as defined in investments or other appropriate together with a joint venture partner, in Section IV(a) above, that are issued by experience; the ownership of the Properties with the Separate Account to TIAA’s General (ii) A committee comprised of three to TIAA, its Affiliates, TIAA’s General Account in exchange for Seed Money, as five individuals who each have had at Account, or any separate account defined above in Section IV(j), during least five (5) years of experience with maintained by TIAA or its Affiliates, the Start Up Period of the Separate respect to commercial real estate including the Separate Account; or Account. investments or other appropriate (D) Negotiate any such transactions, (l) ‘‘Separate Account’’ means the real experience; or described above in paragraph (f)(3) (A) estate equity pooled separate account (iii) A committee comprised both of a through (C) of Section IV. invested in by Participants (and, if business organization or organizations (4) No Fiduciary of a Plan or Plan applicable by Plans), as described and individuals having the Sponsor which participates in the herein. qualifications described in paragraphs Separate Account or a designee of such (m) ‘‘Start Up Period’’ means the (f)(1) (A) through (E) of Section IV Fiduciary, Plan Sponsor, or Plan may period during which repayment of above. serve as the Independent Fiduciary with TIAA’s General Account of Seed Money, (2) For the purposes of the definition respect to the Separate Account. as defined in Section IV(j) above, must of Independent Fiduciary, no (g) ‘‘Liquidity Units’’ mean be made on a fixed repayment schedule organization or individual may serve as Accumulation Units, as defined in as approved by the State of New York Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54233

Insurance Department (NYID). In this decided to terminate the Separate exemption in order to be consistent, so regard, the redemption of Seed Money Account and concludes on the date on that any reference therein to an SRA or Units by TIAA will begin on the earlier which no Accumulation Units are held an IRA will now be to a TIAA SRA or to occur of: by Participants (or, if applicable, by a TIAA IRA. (1) Two (2) years from the date on Plans). 2. TIAA believes that a modification which TIAA first opened the Separate EFFECTIVE DATE: The exemption is to Section III(a) of the exemption is Account to Participants (and, if effective, as of October 2, 1995, the date necessary to take into account the fact applicable, to Plans) for paying the Separate Account was first opened that TIAA’s own plans have been and premiums to the Separate Account, or to Participants and Plans for investment. will be invested in the Separate (2) The date on which the value of the Account. TIAA appears to be concerned Separate Account first reaches $200 Written Comments that the obligation of TIAA to purchase million. Thereafter, at least 20 percent In the Notice, the Department invited Liquidity Units may amount to an (20%) of the original number of Seed all interested persons to submit written extension of credit between TIAA and Money Units acquired by TIAA’s comments and requests for a hearing on its own plans and that such transaction General Account from the contribution the proposed exemption within 45 days would not be permitted under the terms of Seed Money to the Separate Account of the date of the publication of the of condition III(a), as it appeared in the are to be redeemed on predetermined Notice in the Federal Register on April Notice. As a result, TIAA requests that dates in each year, as established by 4, 1996. All comments and requests for at the end of Section III(a) on page TIAA, for a period of five (5) years (at hearing were due by May 20, 1996. 15128 of the Notice, the parenthetical fair market value based on the value of During the comment period, the phrase, ‘‘(other than the fiduciaries of Accumulation Units on the date of each Department received no requests for any TIAA Pension Plans, as defined in redemption). The exercise of any hearing. However, the Department did Section IV(n) below),’’ be inserted discretion by TIAA to accelerate the receive a comment letter from the before the semi-colon. TIAA also fixed repayment schedule applicable to applicant, TIAA, dated May 17, 1996. requests that a similar change should the redemption of Seed Money Units is The comments from TIAA requested have been made to the SFR at the end subject to the advance review and certain changes and clarifications to the of the second sentence of the first approval of the Independent Fiduciary, conditions of the exemption as paragraph of representation 14 on page and any such acceleration will not be proposed in the Notice, and certain 15138 of the Notice. applied so as to prevent a redemption of amendments which, according to TIAA, The Department concurs with TIAA’s Seed Money Units scheduled to occur should have been reflected in the SFR, request for changes in the language of on any of the predetermined dates as published in the Notice in the the conditions of Section III(a) of the during any year. The Start Up Period Federal Register. TIAA’s comments on exemption. Accordingly, the language of will expire when all the Seed Money the conditions of the exemption and the Section III(a) has been amended to read Units originally acquired by TIAA’s SFR are discussed below in an order as follows: General Account from the contribution that corresponds to the appearance of of Seed Money to the Separate Account the relevant language in the Notice. The decision to elect to add the Separate 1. In its comment TIAA points out Account as an additional pension funding have been redeemed by TIAA. option for employee benefit plans (the Plan (n) ‘‘TIAA Pension Plans’’ mean that throughout the Notice the phrase, or Plans), as defined in Section IV(h) below, certain defined benefit and certain ‘‘in the case of a contract between TIAA which invest in the Separate Account has defined contribution plans maintained and a supplemental retirement account been and is made by the fiduciaries of such by TIAA. Among the defined (SRA) or an individual retirement Plans (the Fiduciary or Fiduciaries), as contribution plans maintained by TIAA account (IRA),’’ is used to describe the defined in Section IV(e) below, or in the case are the TIAA Retirement Plan, which is relationship between TIAA and any of a contract between TIAA and a tax-qualified under the Code, and the SRA or IRA. To reflect the fact that supplemental retirement annuity contract TIAA Tax-Deferred Annuity Plan, TIAA provides annuity products to (SRA) or an individual retirement annuity which is a salary reduction annuity contractholders who are participants in contract (IRA), the decision to elect to add the Separate Account as an additional plan, pursuant to section 403(b) of the such an SRA or an IRA, TIAA requests pension funding option to a TIAA SRA or a Code. Participants in the TIAA that the phrase, ‘‘in the case of a TIAA TIAA IRA has been and is made by the Retirement Plan and the TIAA Tax- supplemental retirement annuity participant in such TIAA SRA or TIAA IRA, Deferred Annuity Plan are permitted to contract (SRA) or TIAA individual if the Fiduciaries of the Plans and the TIAA invest in the Separate Account. retirement annuity contract (IRA),’’ be IRA and TIAA SRA participants are (o) ‘‘Trigger Point’’ means the point, substituted for all references throughout unrelated to TIAA and its affiliates (the as established by the Independent the final exemption to the phrase quoted Affiliates or Affiliate), as defined in Section Fiduciary, at which TIAA’s above which appeared throughout the IV(b) below, (other than the fiduciaries of any participation in the Separate Account Notice. TIAA Pension Plans, as defined in Section IV(n) below). through the ownership of Liquidity The Department concurs with TIAA’s Units is decreased with the approval of requested change. Accordingly, the However, the Department wishes to or as required by the Independent Department has modified the final note that as indicated in footnote 9 on Fiduciary, acting on behalf of the exemption to reflect the change in the page 15132 of the Notice, TIAA Participants (and, if applicable, the first instance where the phrase occurred represented in its application for Plans). in the operant language of the exemption that any acquisition of Units (p) ‘‘Units’’ mean the units of interest exemption; but, in order to avoid in the Separate Account by employee into which equity participation in the repeating the entire phrase, the benefit plans sponsored by TIAA would Separate Account is divided. Department has instead substituted the not violate section 406(a) or 406(b) of (q) ‘‘Wind Down’’ means the period following abbreviated phrase, ‘‘in the the Act by reason of the statutory which begins on the date on which case of a TIAA SRA or a TIAA IRA,’’ exemption contained in section TIAA notifies all Participants (and, if subsequently. In addition, the 408(b)(5) of the Act. To the extent that applicable, all Plans invested in the Department has made changes in the the acquisition of Units in the Separate Separate Account) that TIAA has language of the conditions of the Account by plans sponsored by TIAA 54234 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices does not satisfy the requirements of decisions and should be furnished to represents that the prospectus is section 408(b)(5) of the Act, no relief has certain parties by TIAA prior to updated annually and contains detailed been provided by the exemption for the investment of funds in the Separate audited financial information participation by such plans in the Account by investors. In this regard, the concerning the Separate Account and Separate Account. Department points out that TIAA on detailed disclosure concerning its 3. TIAA has requested a modification page 30 of its application for exemption operations and investment objectives. to the language of Section III(c) of the and again on page 2 of Exhibit A to such Further, TIAA represents that it has exemption. In this regard, Section III(c), application, represented that the timing made and will make available unit value as set forth on page 15128, column 2 of of disclosures to Fiduciaries of the information and quarterly return the Notice read, in part, Plans, Plan Sponsors, and in the case of information for the Separate Account Except as otherwise specified below in a TIAA SRA or TIAA IRA to the via a toll-free telephone number that can paragraph (c)(10) of this Section III, prior to Participants of such TIAA SRA and be accessed at any time. In addition, investment of funds in the Separate Account TIAA IRA would occur prior to the TIAA represents that, upon request, it by any participant in a Plan (the Participant investment of funds in the Separate has provided and will provide copies of or Participants) (and, if applicable, by any of Account by any participants (and, if quarterly and other financial reports the Plans) which participate in the Separate applicable, by any plans). filed with the SEC. TIAA believes that Account, TIAA has furnished and will The Department concurs with the its approach provides superior furnish to the Fiduciaries of such Plans and, alternative language proposed by TIAA. disclosure at a substantial cost savings in the case of a contract between TIAA and a SRA or an IRA, to the participant in such Accordingly, the language of Section which benefits the Participants (and, if SRA or IRA, the following information. III(c) has been amended to read as applicable, the Plans) which participate above. in the Separate Account, and is essential TIAA requests that the phrase, ‘‘or 4. As discussed in paragraph three (3) for the Separate Account to be cost- immediately following,’’ be inserted above, pursuant to Section III(c), TIAA effective. after the words, ‘‘prior to,’’ and before must provide certain disclosures about The Department concurs, in part, with the word, ‘‘investment,’’ in the language the Separate Account to certain TIAA’s requested modifications to the of Section III(c) above. TIAA asserts investors prior to their investing in the disclosure requirements of Section that, as it has 1.8 million existing Separate Account. In this regard, the III(c)(1) and (c)(8), as set forth in the contractholders, it cannot provide the Department required in Section III(c)(1), Notice. However, the Department information required in Section III(c), as set forth on page 15128, column 2 of believes that, any prospective investor prior to a participant’s decision to invest the Notice, that TIAA provide to such who wishes to receive the information in the Separate Account. In this regard, parties, among other information, the which was described in the deleted TIAA states that, with some exceptions, following items: portion of Section III(c)(1) should be the information the Department requires able to request that TIAA provide such TIAA to disclose, pursuant to Section a copy of the most recent prospectus for the Separate Account, the most recent quarterly information, pursuant to Section III(c)(9) III(c), is included in the prospectus for and other financial reports for the Separate of the exemption. Further, the the Separate Account. In the event the Account filed with the Securities and Department believes that any investor prospectus is not provided prior to Exchange Commission (SEC), and the most interested in investing in the Separate investment of funds in the Separate recent copy of any supplemental schedule of Account should be able to request Account, TIAA represents that it will information, publications, or ancillary additional information from TIAA provide this information immediately materials which have been made available to which is reasonably available. This is following such investment in Plan Sponsors or Participants invested in the consistent with the provisions of accordance with the Federal securities Separate Account. Section III(d)(4) which permit a rules governing prospectus delivery. Further, pursuant to Section III(c)(8), as Fiduciary of a Plan which is invested in However, in the event this proposal was set forth on page 15128, column 2 of the the Separate Account and a participant not satisfactory to the Department, TIAA Notice, the Department required TIAA in a TIAA SRA or an TIAA IRA which suggested as an alternative that the to provide such parties with: is invested in the Separate Account to introductory language of Section III(c) copies of the most recent reports on the request similar information from TIAA. be amended to conform to the language, Separate Account, including but not limited In this regard, the Department wishes to as set forth in Section III(c)(10). As such, to information relating [sic.] the value of make clear that the phrase, ‘‘any other the introductory language of Section units in the Separate Account (the Units), as reasonably available information,’’ as set III(c), as proposed in the alternative by defined in Section IV(p) below; and the forth in Section III(c)(9), includes, but is TIAA, would read as follows: quarterly return for the Separate Account, and the most recent quarterly updates of the not limited to, copies of the most recent Except as otherwise specified below in valuation of the Separate Account (including quarterly and other financial reports for paragraph (c)(10) of this Section III, prior to a list of the holdings of the Separate Account the Separate Account filed with the investment of funds in the Separate Account during the period). SEC, or the supplemental schedules of by any participant in a Plan (the Participant or Participants) (and, if applicable, by any of TIAA requests that Section III(c)(1) be information, publications, or ancillary the Plans) which participate in the Separate amended such that only a copy of the materials which have been made Account, TIAA has furnished and will most recent prospectus for the Separate available to Fiduciaries of the Plan, to furnish to the Fiduciaries of such Plans to the Account be required to be disclosed. In Plan Sponsors, or to Participants who sponsors of any TIAA SRA, and to the this regard, TIAA represents that, as are invested in the Separate Account. participants in any TIAA IRA, the following required by the amended introductory Accordingly, the Department has information: language in Section III(c), it has modified the language in Section With respect to the timing of provided and will continue to provide III(c)(9) by inserting between the word, disclosures, the Department believes a copy of the prospectus for the Separate ‘‘information,’’ and the word, ‘‘which,’’ that the information required to be Account to the Fiduciaries of Plans, to the following parenthetical phrase, provided by TIAA, pursuant to Section the sponsors of any TIAA SRA, and to (including but not limited to, a copy of the III(c) of the exemption, is fundamental the participants in any TIAA IRA which most recent quarterly and other financial to the making of informed investment invest in the Separate Account. TIAA reports for the Separate Account filed with Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54235 the Securities and Exchange Commission In addition, with respect to the reason of the redemption of Seed Money (SEC), and the most recent copy of any requirements imposed by Section Units held by TIAA, and TIAA has advanced supplemental schedules of information, III(c)(10), TIAA was concerned that and [emphasis added] will always advance publications, or ancillary materials which investors who invested after publication funds by purchasing Liquidity Units to fund have been made available to Fiduciaries of of the Notice but before publication of the withdrawal requests of Participants or the Plan or to the sponsors of the plans (the Plans on a timely basis. Plan Sponsor or the Plan Sponsors) or to the Grant received inconsistent Participants invested in the Separate treatment with respect to the receipt of TIAA believes that this change is Account). a copy of the Notice. In this regard, necessary, because to date TIAA has not Section III(c)(10), as proposed, required had to advance funds by purchasing With respect to Section III(c)(8), the Liquidity Units. The Department Department concurs with TIAA’s delivery of a copy of the Notice, upon publication of the Notice, to certain concurs. request to delete Section III(c)(8), as set 8. TIAA requests that representation forth on page 15128, column 2 of the parties who were at that time invested in the Separate Account; but, did not 12, as it appeared in the SFR, should Notice. However, the Department notes have been stated differently. In this that TIAA has already agreed to make specify, when or if, those parties who invested in the Separate Account regard, in representation 12, as set forth such information available daily via a on page 15137 of the Notice, column 3, toll-free telephone number to any subsequent to the publication of the Notice had to receive a copy of the the first sentence of the last full Fiduciary of a Plan and to any paragraph, reads as follows: participant in a TIAA SRA or a TIAA Notice. TIAA requested that the IRA who is already invested in the Department modify Section III(c)(10), Prior to investing in the Separate Account, Separate Account, pursuant to Section such that investors who invested after it is represented that each prospective participant (and, if applicable, each fiduciary III(d)(1) and (d)(2), as set forth in the the publication of the Notice but before the publication of the Grant, receive a of prospective participating plans) has been Notice on page 15129, columns 1–2. and will be provided with information Accordingly, the Department has copy of the Notice immediately following their investment, and receive regarding the role of the Independent modified Section III(c)(8) to read as Fiduciary with respect to the Separate follows, ‘‘the toll-free telephone number a copy of the Grant, upon publication of Account and has been and will be advised of by which information relating to the the Grant in the Federal Register. The the identity of the party appointed to serve value of the units in the Separate Department concurs and has modified as the Independent Fiduciary. the language of Section III(c)(10) Account (the Units) and information TIAA requests that the phrase, ‘‘[P]rior concerning the quarterly return of the accordingly. 6. In Section III(d)(1) on page 15129 to investing in the Separate Account,’’ at Separate Account is made available of the Notice, in the line 5, after the the beginning of this paragraph should daily.’’ word, ‘‘Participants,’’ TIAA suggests have been deleted, and the word, ‘‘it,’’ 5. TIAA submitted comments with should have been capitalized as the respect to Section III(c)(10). Section that the parenthetical phrase, ‘‘(or, if applicable, to the Plans),’’ be added to beginning of the sentence. In addition, III(c)(10) requires that TIAA provide TIAA requests that on line 5 and on line copies of the Notice and copies of the the sentence which should read, as follows: 9 of the same paragraph, the word, granted final exemption (the Grant) to ‘‘and’’ should have been deleted, and certain parties within a prescribed information relating to the value of the Units the word, ‘‘or,’’ should have been period of time. TIAA requested in the Separate Account to be available daily substituted following the words, ‘‘has modification of the requirements of over a toll-free telephone number and/or to be distributed in writing to Participants (or, been.’’ Section III(c)(10), such that the Notice if applicable, to the Plans) in the Separate The Department does not concur with and Grant need not be supplied to Account in quarterly confirmation statements TIAA in the changes that have been prospective investors in the Separate within five (5) to ten (10) days after the end requested to representation 12 of the Account 30 days prior to their of each calendar quarter. SFR. In the opinion of the Department, investment. TIAA believes that Further, TIAA suggests that the same investors who are interested in investing requiring the prospective investors to parenthetical phrase should be inserted in the Separate Account must be wait 30 days after receiving a copy of after the word, ‘‘Participants,’’ in line 5, provided, prior to investing in such the Notice and Grant would unduly in Section III(d)(2) on page 15129 of the account, with disclosure of the identity interrupt investment in the Separate Notice, such that the sentence should of the Independent Fiduciary and the Account. Further, TIAA maintains that read as follows: role of such fiduciary with respect to the it would be impractical and costly for Separate Account. In this regard, the TIAA to administer a 30 day waiting information concerning the quarterly return of the Separate Account to be available daily Department notes that on page 15 of its period, particularly with respect to over a toll-free telephone number and/or to application for exemption TIAA made participants in TIAA IRAs who are be distributed in writing to Participants (or, the following representation: allowed to select other allocation if applicable, to the Plans) in the Separate Each Participant (and, as applicable, each options immediately upon enrollment. Account in quarterly confirmation statements Participating Plan) will be informed of the Although the Department notes that within five (5) to ten (10) days after the end appointment of the Independent Fiduciary. A TIAA on page 31 of its application for of each calendar quarter. decision by a Plan fiduciary or a Plan exemption, represented that it would The Department concurs. Sponsor on behalf of a Plan to elect to add provide a copy of the Notice and a copy 7. In Section III(g), as set forth in the the Real Estate Separate Account as an of the Grant to Plan Fiduciaries and Notice on page 15130, column 1, lines additional pension funding option, and to Plan Sponsors, at least 30 days prior to 7 and 8, TIAA requests that the participate in the Account, after full investment in the Separate Account, the Department delete the italicized phrase disclosure by TIAA, will constitute approval Department concurs with TIAA’s and acceptance by the Plan fiduciary or Plan ‘‘has advanced and’’ from the following sponsor of the Independent Fiduciary. request, and accordingly, has deleted sentence: Similarly, a decision by a TIAA SRA the 30 day requirement from Section The liquidation of any Accumulation Units contractholder or by a TIAA IRA III(c)(10) for those investors who invest held by a Participant or participating Plan, contractholder to elect to add the Real Estate in the Separate Account after the date of for which a withdrawal request is pending, Separate Account as an additional pension the Grant. has not been and will not be delayed by funding option, after full disclosure by TIAA, 54236 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices will constitute approval and acceptance by Further, TIAA has published and applicant to the Department have been such a contractholder of the Independent [emphasis added] will publish in a TIAA included as part of the public record of Fiduciary. (A decision by a Participant in publication, which is provided at least the exemption application. The such a Plan to invest in the Account, after quarterly to all Plan Sponsors and full disclosure by TIAA, will constitute Fiduciaries of the Plans, a written notice that complete application file, including all approval and acceptance by the Participant of the quarterly financial reports (including the supplemental submissions received by the Independent Fiduciary.) list of Properties and their current values) are the Department, is available for public Accordingly, the Department does not available on request. inspection in the Public Documents agree that changes to the SFR, as The Department concurs that TIAA’s Room of the Pension Welfare Benefits requested by TIAA are merited. requested change should have been Administration, Room N–5638, U.S. 9. TIAA has requested that reflected in the SFR. Further, in a letter Department of Labor, 200 Constitution representation 14, as set forth in the SFR dated October 5, 1995, TIAA Avenue N.W., Washington, D.C. 20210. at page 15138, column 3 of the Notice, represented that it would also publish a For a complete statement of the facts should have been stated differently. In toll-free telephone number, which and representations supporting the would enable Plan Sponsors and this regard, TIAA requests that the Department’s decision to grant this Fiduciaries of the Plans to easily get italicized phrase in the quotation below exemption refer to the Notice published prompt delivery of such quarterly should have been deleted from on Thursday, April 4, 1996, 60 FR representation 14. The language of the financial reports. The Department 15128. first paragraph of representation 14 believes that it is necessary for Plan reads as follows: Sponsors and Fiduciaries of the Plans to FOR FURTHER INFORMATION CONTACT: receive such periodic notification of the It is represented that during the operation Angelena C. Le Blanc of the Department, of the Separate Account, no member of the availability of quarterly financial reports telephone (202) 219–8883. (This is not Board of Trustees of TIAA or of CREF has and to be reminded of the toll-free a toll-free number.) had or will have a role in the selection of the telephone number, in order to request Separate Account as a funding vehicle for and receive copies of such financial Mewbourne Oil Company, Inc. Plan any of the Plans or has served or will serve reports from TIAA. Accordingly, the (the Plan) Located in Tyler, TX as a Fiduciary to any Plan participating in Department has added a new TIAA investment funding options [emphasis [Prohibited Transaction Exemption 96–77; subparagraph five (5) to Section III(d). In Exemption Application No. D–10173] added]. In this regard, Fiduciaries of the this regard, Section III(d)(5) reads, as Plans unrelated to TIAA, or in the case of an follows, Exemption SRA or an IRA, participants unrelated to TIAA who participate in such SRA or IRA, a written notification that quarterly financial The restrictions of sections 406(a), have made and will make the decision to reports (including the list of Properties and invest in the Separate Account. their current values) are available upon 406(b)(1) and (b)(2) of the Act and the request and a written disclosure of the toll- sanctions resulting from the application Specifically, TIAA does not wish any free telephone number by which Plan of section 4975 of the Code, by reason member of the Board of Trustees of Fiduciaries and Plan Sponsors may request of section 4975(c)(1)(A) through (E) of TIAA or of CREF to be prohibited, either delivery of such quarterly financial reports the Code, shall not apply to the past currently or in the future, from serving will be provided by TIAA in a publication contribution by Mewbourne Oil as a fiduciary to any of the Plans. The sent to all Plan Fiduciaries and all Plan Department concurs. Sponsors of the Plans, beginning after the Company (the Employer) to the Plan of In the event a member of the Board of end of the first calendar quarter after the a U.S. Treasury Strip Bond (the Bond) Trustees of TIAA or of CREF does serve Grant is published in the Federal Register and the subsequent exchange by the and continuing at least quarterly thereafter. as a fiduciary to a Plan, TIAA Employer of the Bond for cash provided represented in its comment that such In order to integrate this new Section that: (a) The contribution was a one- member will not play a role in such III(d)(5) into the numbering system of time transaction; (b) the Bond was Plan’s consideration and selection of the the exemption, the Department has valued at fair market value as of the date Separate Account as a funding vehicle deleted the word, ‘‘and,’’ after the semi- of the contribution; (c) no commissions for the Plan. In this regard, TIAA stated, colon in Section III(d)(3) and has added were paid in connection with the on page 10 of Exhibit A of its the word, ‘‘and,’’ after the semi-colon at transaction; (d) the Bond represented application for exemption, that: the end of Section III(d)(4). less than 25% of the fair market value 11. The Department acknowledges of the Plan’s assets at the time of the In the event that any member of the TIAA and incorporates by reference such Board or the CREF Board also serves in a contribution; and (e) the Bond was fiduciary capacity to an ERISA-covered plan, other clarifications requested by the returned to the Employer in exchange applicant to the information contained such person will recuse himself or herself for cash in the amount of $173,759 plus in the SFR. For further discussion from any and all fiduciary decisions related interest. to the Real Estate Separate Account, regarding the applicant’s comments, including the decision to add the Real Estate interested persons are encouraged to EFFECTIVE DATE: This exemption is Separate Account as a funding option to his obtain a copy of the exemption effective February 11, 1994. or her plan. application file (D–9915) which is For a more complete statement of the The Department concurs. available in the Public Documents Room facts and representations supporting the 10. TIAA has requested that of the Pension and Welfare Benefits Department’s decision to grant this representation 14, as set forth in the SFR Administration, U.S. Department of exemption, refer to the notice of at the bottom of page 15139, column 1 Labor, Room N–5638, 200 Constitution proposed exemption published on July in the Notice, should have been stated Avenue, N.W., Washington, D.C. 20210. differently. Specifically, TIAA requests After full consideration and review of 22, 1996 at 61 FR 37925. that the underlined phrase in the the entire record, including the written FOR FURTHER INFORMATION CONTACT: Ms. sentence quoted below should have comments filed by the applicant, the Jan D. Broady of the Department, been deleted from the SFR. In this Department has determined to grant the telephone (202) 219–8881. (This is not regard, the fourth line of representation exemption, as modified and clarified a toll-free number.) 14, reads as follows: above. Comments submitted by the Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54237

Zerhusen and Ghazi, M.D. Inc. Profit the Sale no less than the fair market Full Council Meeting; Advisory Council Sharing Plan (the Plan) Located in value of the Interests as of the date of on Employee Welfare and Pension Cincinnati, Ohio the Sale. Benefits Plans; Notice of Meeting [Prohibited Transaction Exemption 96–78 For a more complete statement of the Exemption Application No. D–10224] facts and representations supporting the Pursuant to the authority contained in Section 512 of the Employee Retirement Exemption Department’s decision to grant this exemption, refer to the notice of Income Security Act of 1974 (ERISA), 29 The restrictions of sections 406(a), proposed exemption published on U.S.C. 1142, a full council meeting of 406(b)(1) and (b)(2) of the Act and the September 6, 1996, at 61 FR 47203. the Advisory Council on Employee sanctions resulting from the application Welfare and Pension Benefit Plans will of section 4975 of the Code, by reason FOR FURTHER INFORMATION CONTACT: Mr. be held on Nov. 13, 1996, in Room S– of section 4975(c)(1)(A) through (E) of C.E. Beaver of the Department, 3215 A&B, U.S. Department of Labor the Code, shall not apply to the sale (the telephone (202) 219–8881. (This is not Building, Third and Constitution Sale) by Dr. J. Robert Zerhusen’s a toll-free number.) Avenue, N.W., Washington, D.C. 20210. individual, self-directed account within the Plan (the Account) of a parcel of real General Information The purpose of the meeting, which will be from 1:00 to 2:00 p.m., is to brief property (the Property) to his spouse, The attention of interested persons is the Department on the Working Groups’ Marilyn E. Zerhusen (Mrs. Zerhusen), a directed to the following: participant in the Plan and a party in final reports of the year. The Council interest with respect to the Plan, (1) The fact that a transaction is the will also be briefed by Assistant provided that the following conditions subject of an exemption under section Secretary Berg on the activities and are satisfied: (a) The Sale is a one time 408(a) of the Act and/or section accomplishments of the agency and the transaction for a lump sum cash 4975(c)(2) of the Code does not relieve department. The current Council year payment; (b) the purchase price is the a fiduciary or other party in interest or concludes on Nov. 14, and the five fair market value of the Property as of disqualified person from certain other departing members will be cited for the date of the Sale; (c) the Property has provisions to which the exemptions their contributions by the Secretary of been appraised by a qualified, does not apply and the general fiduciary Labor. independent real estate appraiser; and responsibility provisions of section 404 (d) the Account will pay no of the Act, which among other things Members of the public are encouraged commissions or other expenses relating require a fiduciary to discharge his to file a written statement pertaining to to the Sale. duties respecting the plan solely in the any topic concerning ERISA by For a more complete statement of the interest of the participants and submitting 20 copies on or before Nov. facts and representations supporting the beneficiaries of the plan and in a 4, 1996, to Sharon Morrissey, Acting Department’s decision to grant this prudent fashion in accordance with Executive Secretary, ERISA Advisory exemption, refer to the notice of section 404(a)(1)(B) of the Act; nor does Council, U.S. Department of Labor, proposed exemption published on it affect the requirement of section Suite N–5677, 200 Constitution Avenue, August 27, 1996 at 61 FR 44085. 401(a) of the Code that the plan must N.W., Washington, D.C. 20210. FOR FURTHER INFORMATION CONTACT: operate for the exclusive benefit of the Individuals or representatives of Wendy McColough of the Department, employees of the employer maintaining organizations wishing to address the telephone (202) 219–8971. (This is not the plan and their beneficiaries; Advisory Council should forward their a toll-free number.) (2) These exemptions are request to the Acting Executive Huggler & Silverang Profit Sharing Plan supplemental to and not in derogation Secretary or telephone (202) 219–8753. (the Plan) Located In Philadelphia, of, any other provisions of the Act and/ Oral presentations will be limited to 10 Pennsylvania or the Code, including statutory or minutes, but an extended statement may administrative exemptions and be submitted for the record. Individuals [Prohibited Transaction Exemption 96–79; Exemption Application No. D–10238] transactional rules. Furthermore, the with disabilities, who need special fact that a transaction is subject to an accommodations, should contact Sharon Exemption administrative or statutory exemption is Morrissey by Nov. 4 at the address The restrictions of sections 406(a) and not dispositive of whether the indicated in this notice. 406(b)(1) and (b)(2) of the Act and the transaction is in fact a prohibited transaction; and Organizations or individuals may also sanctions resulting from the application submit statements for the record of section 4975 of the Code, by reason (3) The availability of these without testifying. Twenty (20) copies of of section 4975(c)(1)(A) through (E) of exemptions is subject to the express such statements should be sent to the the Code, shall not apply to the cash condition that the material facts and Acting Executive Secretary of the sale (the Sale) by the Plan of two 5 representations contained in each percent limited partnership interests Advisory Council at the above address. application accurately describes all Papers will be accepted and included in (collectively, the Interests) in Rosemont material terms of the transaction which the record of the meeting if received on Square Associates, L.P. (the is the subject of the exemption. Partnership), one to Mr. David H. or before Nov. 4, 1996. Signed at Washington, DC, this 11th day of Huggler and the second to Mr. Kevin J. Signed at Washington, DC this 9th day of October, 1996. Silverang, respectively, parties in October, 1996. Ivan Strasfeld, interest with respect to the Plan; Olena Berg, provided (1) the Sale is a one-time Director of Exemption Determinations, Pension and Welfare Benefits Administration, Assistant Secretary, Pension and Welfare transaction for cash, (2) the Plan pays no Benefits Administration. commissions nor incurs any expenses in U.S. Department of Labor. [FR Doc. 96–26481 Filed 10–16–96; 8:45 am] connection with the transaction, and (3) [FR Doc. 96–26601 Filed 10–16–96; 8:45 am] BILLING CODE 4510±29±M the Plan receives as consideration for BILLING CODE 4510±29±P 54238 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

Working Group on the Impact of Working Group Studying Third Party Working Group on Guidance for Alternative Tax Reform Proposals on Trustees to Protect Plan Participants; Selecting and Monitoring Service ERISA Employer-Sponsored Plans; Advisory Council on Employee; Providers; Advisory Council on Advisory Council on Employee Welfare Welfare and Pension Benefits Plans; Employee Welfare and Pension and Pension Benefit Plans; Notice of Notice of Meeting Benefits Plans; Notice of Meeting Meeting Pursuant to the authority contained in Pursuant to the authority contained in Pursuant to the authority contained in Section 512 of the Employee Retirement Section 512 of the Employee Retirement Section 512 of the Employee Retirement Income Security Act of 1974 (ERISA), 29 Income Security Act of 1974 (ERISA), 29 Income Security Act of 1974 (ERISA), 29 U.S.C. 1142, a public meeting of the U.S.C. 1142, a public meeting of the U.S.C. 1142, a public meeting of the Working Group on Protections for Working Group on the Impact of Working Group on Guidance for Alternative Tax Proposals on ERISA Benefit Plan Participants of the Selecting and Monitoring Service Employer-Sponsored Plans of the Advisory Council on Employee Welfare Providers of the Advisory Council on Advisory Council on Employee Welfare and Pension Benefit Plans will be held Employee Welfare and Pension Benefit and Pension Benefit Plans will be held on Nov. 13, 1996, in Room S–3215 A&B, Plans will be held on Nov. 12, 1996, in on Nov. 12, 1996, in Room S–3215 A&B, U.S. Department of Labor Building, Room S3215 A&B, U.S. Department of U.S. Department of Labor Building, Third and Constitution Avenue, N.W., Labor Building, Third and Constitution Washington, DC 20210. Third and Constitution Avenue, N.W., Avenue, N.W., Washington, D.C. 20210. Washington, DC 20210. The purpose of the meeting, which The purpose of the meeting, which The purpose of the meeting, which will be held from 9:30 a.m. to noon, is will run from 9:30 a.m. to noon, is for will be held from 1 to 3:30 p.m., is for to formulate a final report for the members to finalize their report to the members to finalize their report to the Secretary of Labor. Secretary of Labor. Secretary of Labor. Members of the Members of the public are encouraged Members of the public are encouraged public are encouraged to file a written to file a written statement pertaining to to file a written statement pertaining to statement pertaining to any topic any topic concerning ERISA by any topic concerning ERISA by concerning ERISA by submitting 20 submitting 20 copies on or before Nov. submitting 20 copies on or before Nov. copies on or before Nov. 4, 1996, to 4, 1996, to Sharon Morrissey, Acting 4, 1996 to Sharon Morrissey, Acting Sharon Morrissey, Acting Executive Executive Secretary, ERISA Advisory Executive Secretary, ERISA Advisory Secretary, ERISA Advisory Council, Council, U.S. Department of Labor, Council, U.S. Department of Labor, U.S. Department of Labor, Room N– Suite N–5677, 200 Constitution Avenue, Suite N–5677, 200 Constitution Avenue, 5677, 200 Constitution Avenue, N.W., N.W., Washington, DC 20210. N.W., Washington, DC 20210. Washington, D.C. 20210. Individuals or Individuals or representatives of Individuals or representatives of representatives of organizations wishing organizations wishing to address the organizations wishing to address the to address the Working Group on Working Group on Protections for Working Group on the Impact of Guidance for Selecting and Monitoring Benefit Plan Participants of the Alternative Tax Proposals on ERISA Service Providers should forward their Employer-Sponsored Plans should Advisory Council should forward their request to the Acting Executive request to the Acting Executive forward their request to the Acting Secretary or telephone (202) 219–8753. Executive Secretary or telephone (202) Secretary or telephone (202) 219–8753. Oral presentations will be limited to 10 219–8753. Oral presentations will be Oral presentations will be limited to 10 minutes, but an extended statement may limited to 10 minutes, but an extended minutes, but an extended statement may statement may be submitted for the be submitted for the record. Individuals be submitted for the record. Individuals record. Individuals with disabilities, with disabilities, who need special with disabilities, who need special who need special accommodations, accommodations, should contact Sharon accommodations, should contact Sharon should contact Sharon Morrissey by Morrissey by Nov. 4, at the address Morrissey by Nov. 4, 1996, at the Nov. 4 at the address indicated in this indicated in the notice. address indicated in this notice. notice. Organizations or individuals may also Organizations or individuals may also Organizations or individuals may also submit statements for the record submit statements for the record submit statements for the record without testifying. Twenty (20) copies of without testifying. Twenty (20) copies of without testifying. Twenty (20) copies of such statements should be sent to the such statements should be sent to the such statements should be sent to the Acting Executive Secretary of the Acting Executive Secretary of the Acting Executive Secretary of the Advisory Council at the above address. Advisory Council at the above address. Advisory Council at the above address. Papers will be accepted and included in Papers will be accepted and included in Papers will be accepted and included in the record of the meeting if received on the record of the meeting if received on the record of the meeting if received on or before Nov. 4, 1996. or before Nov. 4. or before Nov. 4, 1996. Signed at Washington, D.C. this 9th day of Signed at Washington, DC this 9th day of Signed at Washington, DC this 9th day of October, 1996. October, 1996. October, 1996. Olena Berg, Olena Berg, Olena Berg, Assistant Secretary, Pension and Welfare Assistant Secretary, Pension and Welfare Assistant Secretary, Pension and Welfare Benefits Administration. Benefits Administration. Benefits Administration. [FR Doc. 96–26482 Filed 10–16–96; 8:45 am] [FR Doc. 96–26483 Filed 10–16–96; 8:45 am] [FR Doc. 96–26484 Filed 10–16–96; 8:45 am] BILLING CODE 4510±29±M BILLING CODE 4510±29±M BILLING CODE 4510±29±M Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54239

FEDERAL MINE SAFETY AND HEALTH success regarding its mission objective [Notice 96±125] REVIEW COMMISSION that NASA programs contribute significantly to national economic Notice of Prospective Patent License Sunshine Act Meeting growth and competitiveness in AGENCY: National Aeronautics and accordance with the Vice President’s TIME AND DATE: 10:00 a.m., Friday, Space Administration. National Performance Review October 18, 1996. ACTION: Notice of prospective patent recommendations and the President’s license. PLACE: Room 6005, 6th Floor, 1730 K National Space Policy of September 19, Street, N.W., Washington, D.C. 1996. SUMMARY: NASA hereby gives notice STATUS: Closed [Pursuant to 5 U.S.C. DATES: Written comments and that Ensinger, Inc., of Washington, PA § 552b(c)(10)]. recommendations on the proposal for 15301, has applied for a partially MATTERS TO BE CONSIDERED: The the collection of information should be exclusive license to practice the Commission will consider and act upon received on or before December 16, inventions described and claimed in the following: 1996. NASA Case No. LAR–15205–1–CU, 1. Secretary of Labor o.b.o. Dixon v. Pontiki ADDRESSES: All comments should be entitled ‘‘Tough, Soluble, Aromatic, Coal Corp., Docket No. KENT 94–1247–D. addressed to John R. Yadvish, Code XC, Thermoplastic Copolyimides’’; and (Issues include whether the judge correctly National Aeronautics and Space NASA Case No. LAR–15205–2, entitled determined that the Commission does not Administration, Washington, DC 20546– ‘‘Process for Preparing Tough, Soluble, have jurisdiction over complaints filed by the 0001. All comments will become a Thermoplastic Copolyimides’’; which Secretary of Labor that allege discrimination are all assigned to the United States of against miners who have not filed an matter of public record and will be summarized in NASA’s request for America as represented by the initiating complaint under section 105(c)(2) Administrator of the National Office of Management and Budget of the Mine Act, and whether the judge Aeronautics and Space Administration. (OMB) approval. correctly determined that a person may Written objections to the prospective become a miners’ representative before FOR FURTHER INFORMATION CONTACT: grant of a license should be sent to complying with 30 C.F.R. Part 40.) Bessie B. Berry, NASA Reports Officer, Langley Research Center. (202) 358–1368. It was determined by a majority vote DATE: Responses to this notice must be of the Commissioners that this matter be Reports received by December 16, 1996. discussed in closed session. Title: NASA SBIR Commercial FOR FURTHER INFORMATION CONTACT: CONTACT PERSON FOR MORE INFORMATION: Metrics. Mr. George F. Helfrich, Patent Counsel, Jean Ellen, (202) 653–5629/(202) 708– OMB Number: None Assigned. Langley Research Center, Mail Code 9300 for TDD Relay/1–800–877–8339 Type of review: New collection. 212, Hampton, VA 23681; telephone for toll free. Need and Uses: NASA SBIR Phase II (757) 864–9260; fax (757) 864–9190. Jean H. Ellen, awardee firms would be asked to Dated: October 8, 1996. Chief Docket Clerk. voluntarily provide data once every Edward A. Frankle, three years regarding the extent to [FR Doc. 96–26835 Filed 10–15–96; 3:32 pm] General Counsel. BILLING CODE 6735±01±M which commercial products and services and related commercial activity [FR Doc. 96–26675 Filed 10–16–96; 8:45 am] have resulted from NASA funded SBIR BILLING CODE 7510±01±M NATIONAL AERONAUTICS AND technology. This information is critical SPACE ADMINISTRATION to NASA’s evaluating and reporting on [Notice 96±124] its success regarding one of its primary [Notice 96±127] mission objectives that NASA programs’ Notice of Prospective Patent License contributing significantly to the national Notice of Agency Report Forms Under AGENCY: National Aeronautics and economic growth, as well as NASA’s OMB Review Space Administration. success in meeting the objectives of the ACTION: Notice of prospective patent AGENCY: Vice President’s National Performance National Aeronautics and license. Space Administration (NASA). Review recommendations for NASA and SUMMARY: Under the provisions of the the President’s National Space Policy. SUMMARY: NASA hereby gives notice Paperwork Reduction Act (44 U.S.C. Affected Public: Business or other for- that Ranbar Electrical Materials, Inc., of Chapter 35), agencies are required to profit. Manor, PA 15665, has applied for a submit proposed information collection Estimated Number of Respondents: partially exclusive license to practice requests to OMB for review and 650 in total, of which approximately the inventions described and claimed in approval, and to publish a notice in the 200 will be sampled every year at a NASA Case No. LAR–15205–1–CU, Federal Register notifying the public frequency of once every three for each entitled ‘‘Tough, Soluble, Aromatic, that the agency has made submission. firm. Thermoplastic Copolyimides’’; and Responses Per Respondent: Once Accordingly, this notice announces NASA Case No. LAR–15205–2, entitled every three years. NASA’s plans to survey NASA’s Small ‘‘Process for Preparing Tough, Soluble, Estimated Annual Responses: 200. Thermoplastic Copolyimides’’; which Business Innovative Research (SBIR) Estimated Hours Per Request: 1. are all assigned to the United States of firm awardees for the purposes of Estimated Annual Burden Hours: 217. obtaining information regarding the Frequency of Report: Once every three America as represented by the extent to which NASA funded SBIR years. Administrator of the National technology has been commercially Aeronautics and Space Administration. applied and to assess the industrial Dated: October 10, 1996. Written objections to the prospective activity otherwise that has resulted from Russell S. Rice, grant of a license should be sent to technology developed under NASA’s Director, IRM Division. Langley Research Center. SBIR program. This information is [FR Doc. 96–26677 Filed 10–16–96; 8:45 am] DATE: Responses to this notice must be critical to the assessment of NASA’s BILLING CODE 7510±01±M received by December 16, 1996. 54240 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

FOR FURTHER INFORMATION CONTACT: Mr. Preparing Tough, Soluble, margin of safety. As required by 10 CFR George F. Helfrich, Patent Counsel, Thermoplastic Copolyimides’’; which 50.91(a), the licensee has provided its Langley Research Center, Mail Code are all assigned to the United States of analysis of the issue of no significant 212, Hampton, VA 23681; telephone America as represented by the hazards consideration, which is (757) 864–9260; fax (757) 864–9190. Administrator of the National presented below: Dated: October 8, 1996. Aeronautics and Space Administration. 1. The proposed changes do not involve a Edward A. Frankle, Written objections to the prospective significant increase in the probability or grant of a license should be sent to General Counsel. consequences of occurrences of any accident Langley Research Center. previously evaluated. [FR Doc. 96–26674 Filed 10–16–96; 8:45 am] DATE: Responses to this notice must be The proposed requirements for the Rod BILLING CODE 7510±01±M received by December 16, 1996. Position Indicator Channels being applicable in MODE 1 and MODE 2 are acceptable in FOR FURTHER INFORMATION CONTACT: that these are the only MODES in which [Notice 96±126] Mr. George F. Helfrich, Patent Counsel, power peaking factors are a concern, and the Langley Research Center, Mail Code Notice of Prospective Patent License OPERABILITY of the Rod Position Indicator 212, Hampton, VA 23681; telephone Channels has the potential to affect the safety AGENCY: National Aeronautics and (757) 864–9260; fax (757) 864–9190. of the plant. Control rod alignment limits ensure that power distribution and reactivity Space Administration. Dated: October 8, 1996. limits defined by the design power peaking ACTION: Notice of prospective patent Edward A. Frankle, and shutdown margin limits are preserved. In license. General Counsel. addition, the Rod Position Indicator [FR Doc. 96–26673 Filed 10–16–96; 8:45 am] Channels are not a precursor to any analyzed SUMMARY: NASA hereby gives notice BILLING CODE 7510±01±M accident sequence. that SpaceTec, Inc., of Hampton, VA The proposed Required Actions are similar 23666, has applied for a partially to current Required Actions when the unit is exclusive license to practice the in MODE 1 and MODE 2. In addition, since invention disclosed in NASA Case No. NUCLEAR REGULATORY there is no safety significance for inoperable LAR–15511–1, entitled ‘‘MIR COMMISSION Rod Position Indicator Channels for shutdown modes, the proposed Required Environmental Effects Payload Handrail [Docket Nos. 50±295 and 50±304] Clam/Pointer Device,’’ for which a U.S. Actions provide appropriate compensatory actions with the unit in MODE 1 and MODE Patent Application was filed by the Commonwealth Edison Company; United States of America as represented 2. Therefore, the initial conditions and Notice of Consideration of Issuance of system function assumed in the UFSAR have by the Administrator of the National Amendments to Facility Operating not changed. As such, the requirement to Aeronautics and Space Administration. Licenses, Proposed No Significant have OPERABLE control rod position Written objections to the prospective Hazards Consideration Determination, indication for verification of control rod grant of a license should be sent to and Opportunity for a Hearing alignment limitations when the reactor is in Langley Research Center. MODE 1 and MODE 2 does not affect any DATE: Responses to this notice must be The U.S. Nuclear Regulatory UFSAR accident analysis. received by December 16, 1996. Commission (the Commission) is Therefore, this change does not involve a considering issuance of amendments to significant increase in the probability or FOR FURTHER INFORMATION CONTACT: Facility Operating License Nos. DPR–39 consequence of an accident previously Mr. George M. Helfrich, Patent Counsel, and DPR–48 issued to Commonwealth evaluated. Langley Research Center, Mail 212, Edison Company (ComEd, the licensee) 2. The proposed changes do not create the Hampton, VA 23681; telephone (757) for operation of the Zion Nuclear Power possibility of a new or different kind of accident from any accident previously 864–9260; fax (757) 864–9190. Station, Units 1 and 2, located in Lake evaluated. Dated: October 8, 1996. County, Illinois. The proposed changes do not require a Edward A. Frankle, The proposed amendments would physical alteration of the plant (no new or General Counsel. add a mode of applicability to different equipment will be installed to [FR Doc. 96–26676 Filed 10–16–96; 8:45 am] specification 3.2.3.D, Rod Position implement this change.) Control rod BILLING CODE 7510±01±M Indicator Channels. alignment limits ensure that power Before issuance of the proposed distribution and reactivity limits defined by license amendment, the Commission the design power peaking and shutdown [Notice 96±123] will have made findings required by the margin limits are preserved. The Technical Atomic Energy Act of 1954, as amended Specifications will require OPERABLE Rod Notice of Prospective Patent License (the Act) and the Commission’s Position Indicator Channels in MODE 1 and MODE 2 when control rod alignment and AGENCY: National Aeronautics and regulations. insertion limits are required to maintain Space Administration. The Commission has made a acceptable power distribution limits and ACTION: Notice of prospective patent proposed determination that the shutdown margin. license. amendments requested involve no 3. The proposed changes do not involve a significant hazards consideration. Under significant reduction in a margin of safety. SUMMARY: NASA hereby gives notice the Commission’s regulations in 10 CFR The requirement to have OPERABLE Rod that Tennessee Valley Performance 50.92, this means that operation of the Position Indicator Channels when required Products, Inc., of Dayton, TN 37321, has facility in accordance with the proposed by associated control rod alignment and applied for a partially exclusive license amendments would not (1) involve a insertion limits has been clarified. The LCO to practice the inventions described and significant increase in the probability or will continue to require OPERABLE Rod Position Indicator Channels and an claimed in NASA Case No. LAR–15205– consequences of an accident previously associated Required Action to be in a mode 1–CU, entitled ‘‘Tough, Soluble evaluated; or (2) create the possibility of where the Rod Position Indicator Channels Aromatic, Thermoplastic a new or different kind of accident from are not required. Therefore, this change does Copolyimides’’; and NASA Case No. any accident previously evaluated; or not involve a significant reduction in a LAR–15205–2, entitled ‘‘Process for (3) involve a significant reduction in a margin of safety. Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54241

The NRC staff has reviewed the petition for leave to intervene shall be and on which the petitioner intends to licensee’s analysis and, based on this filed in accordance with the rely in proving the contention at the review, it appears that the three Commission’s ‘‘Rules of Practice for hearing. The petitioner must also standards of 10 CFR 50.92(c) are Domestic Licensing Proceedings’’ in 10 provide references to those specific satisfied. Therefore, the NRC staff CFR Part 2. Interested persons should sources and documents of which the proposes to determine that the consult a current copy of 10 CFR 2.714 petitioner is aware and on which the amendments requested involve no which is available at the Commission’s petitioner intends to rely to establish significant hazards consideration. Public Document Room, the Gelman those facts or expert opinion. Petitioner The Commission is seeking public Building, 2120 L Street, NW., must provide sufficient information to comments on this proposed Washington, DC, and at the local public show that a genuine dispute exists with determination. Any comments received document room located at the the applicant on a material issue of law within 30 days after the date of Waukegan Public Library, 128 N. or fact. Contentions shall be limited to publication of this notice will be County Street, Waukegan, Illinois matters within the scope of the considered in making any final 60085. If a request for a hearing or amendments under consideration. The determination. petition for leave to intervene is filed by contention must be one which, if Normally, the Commission will not the above date, the Commission or an proven, would entitle the petitioner to issue the amendments until the Atomic Safety and Licensing Board, relief. A petitioner who fails to file such expiration of the 30-day notice period. designated by the Commission or by the a supplement which satisfies these However, should circumstances change Chairman of the Atomic Safety and requirements with respect to at least one during the notice period such that Licensing Board Panel, will rule on the contention will not be permitted to failure to act in a timely way would request and/or petition; and the participate as a party. result, for example, in derating or Secretary or the designated Atomic Those permitted to intervene become shutdown of the facility, the Safety and Licensing Board will issue a parties to the proceeding, subject to any Commission may issue the license notice of hearing or an appropriate limitations in the order granting leave to amendments before the expiration of the order. intervene, and have the opportunity to 30-day notice period, provided that its As required by 10 CFR 2.714, a participate fully in the conduct of the final determination is that the petition for leave to intervene shall set hearing, including the opportunity to amendments involve no significant forth with particularity the interest of present evidence and cross-examine hazards consideration. The final the petitioner in the proceeding, and witnesses. determination will consider all public how that interest may be affected by the If a hearing is requested, the and State comments received. Should results of the proceeding. The petition Commission will make a final the Commission take this action, it will should specifically explain the reasons determination on the issue of no publish in the Federal Register a notice why intervention should be permitted significant hazards consideration. The of issuance and provide for opportunity with particular reference to the final determination will serve to decide for a hearing after issuance. The following factors: (1) the nature of the when the hearing is held. Commission expects that the need to petitioner’s right under the Act to be If the final determination is that the take this action will occur very made party to the proceeding; (2) the amendments requested involve no infrequently. nature and extent of the petitioner’s significant hazards consideration, the Written comments may be submitted property, financial, or other interest in Commission may issue the amendments by mail to the Chief, Rules Review and the proceeding; and (3) the possible and make them immediately effective, Directives Branch, Division of Freedom effect of any order which may be notwithstanding the request for a of Information and Publications entered in the proceeding on the hearing. Any hearing held would take Services, Office of Administration, U.S. petitioner’s interest. The petition should place after issuance of the amendments. Nuclear Regulatory Commission, also identify the specific aspect(s) of the If the final determination is that the Washington, DC 20555–0001, and subject matter of the proceeding as to amendments requested involve a should cite the publication date and which petitioner wishes to intervene. significant hazards consideration, any page number of this Federal Register Any person who has filed a petition for hearing held would take place before notice. Written comments may also be leave to intervene or who has been the issuance of any amendment. delivered to Room 6D22, Two White admitted as a party may amend the A request for a hearing or a petition Flint North, 11545 Rockville Pike, petition without requesting leave of the for leave to intervene must be filed with Rockville, Maryland, from 7:30 a.m. to Board up to 15 days prior to the first the Secretary of the Commission, U.S. 4:15 p.m. Federal workdays. Copies of prehearing conference scheduled in the Nuclear Regulatory Commission, written comments received may be proceeding, but such an amended Washington, DC 20555–0001, Attention: examined at the NRC Public Document petition must satisfy the specificity Docketing and Services Branch, or may Room, the Gelman Building, 2120 L requirements described above. be delivered to the Commission’s Public Street, NW., Washington, DC. Not later than 15 days prior to the first Document Room, the Gelman Building, The filing of requests for hearing and prehearing conference scheduled in the 2120 L Street, NW., Washington, DC, by petitions for leave to intervene is proceeding, a petitioner shall file a the above date. Where petitions are filed discussed below. supplement to the petition to intervene during the last 10 days of the notice By November 18, 1996, the licensee which must include a list of the period, it is requested that the petitioner may file a request for a hearing with contentions which are sought to be promptly so inform the Commission by respect to issuance of the amendments litigated in the matter. Each contention a toll-free telephone call to Western to the subject facility operating license must consist of a specific statement of Union at 1–(800) 248–5100 (in Missouri and any person whose interest may be the issue of law or fact to be raised or 1–(800) 342–6700). The Western Union affected by this proceeding and who controverted. In addition, the petitioner operator should be given Datagram wishes to participate as a party in the shall provide a brief explanation of the Identification Number N1023 and the proceeding must file a written request bases of the contention and a concise following message addressed to Robert for a hearing and a petition for leave to statement of the alleged facts or expert A. Capra: petitioner’s name and intervene. Requests for a hearing and a opinion which support the contention telephone number, date petition was 54242 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices mailed, plant name, and publication modify standby gas treatment is maintained when required to mitigate date and page number of this Federal operability requirements; make editorial radiological consequences of postulated Register notice. A copy of the petition corrections to clarify the configuration accidents. Proper application of procedural should also be sent to the Office of the of the radiation monitors; and revise the administrative controls ensure that evolutions, which may result in significant General Counsel, U.S. Nuclear associated Bases sections. release of fission products, (including those Regulatory Commission, Washington, Before issuance of the proposed not specifically delineated in the proposed DC 20555–0001, and to Michael I. license amendment, the Commission technical specification) are evaluated to Miller, Esquire; Sidley and Austin, One will have made findings required by the determine if secondary containment is First National Plaza, Chicago, Illinois, Atomic Energy Act of 1954, as amended required. When secondary containment attorney for the licensee. (the Act) and the Commission’s integrity is not required, the plant is Nontimely filings of petitions for regulations. prohibited from performing activities which leave to intervene, amended petitions, The Commission has made a may result in a significant radiological release and the potential for an analyzed supplemental petitions and/or requests proposed determination that the radiological accident is minimized. for hearing will not be entertained amendment request involves no Therefore, the need for these radiation absent a determination by the significant hazards consideration. Under monitors to be operable at all times, Commission, the presiding officer or the the Commission’s regulations in 10 CFR including those instance when either presiding Atomic Safety and Licensing 50.92, this means that operation of the secondary containment integrity or Board that the petition and/or request facility in accordance with the proposed operability of the standby gas treatment should be granted based upon a amendment would not (1) involve a system are not required provides no balancing of the factors specified in 10 significant increase in the probability or additional safety benefit and can be CFR 2.714(a)(1) (i)–(v) and 2.714(d). eliminated. consequences of an accident previously The proposed changes also ensure the For further details with respect to this evaluated; or (2) create the possibility of requirements for the radiation monitors action, see the application for a new or different kind of accident from (Section 3.2.E), standby gas treatment system amendments dated October 4, 1996, any accident previously evaluated; or (Section 3.7.B), and secondary containment which is available for public inspection (3) involve a significant reduction in a integrity (Section 3.7.C) are consistent. at the Commission’s Public Document margin of safety. As required by 10 CFR The proposed changes to the Technical Room, the Gelman Building, 2120 L 50.91(a), the licensee has provided its Specification 3.7.B, ‘‘Standby Gas Treatment Street, NW., Washington, DC, and at the analysis of the issue of no significant System,’’ ensure standby gas treatment local public document room located at hazards consideration, which is system operability is required whenever the Waukegan Public Library, 128 N. secondary containment integrity is required presented below: and ensures the operability requirements for County Street, Waukegan, Illinois Pursuant to 10CFR50.92, NNECO has the standby gas treatment system are 60085. reviewed the proposed changes and specified for activities which have a potential Dated at Rockville, Maryland, this 10th day concludes that the changes do not involve a of significant release of fission products. It of October 1996. significant hazards consideration (SHC) since maintains the requirement that standby gas For the Nuclear Regulatory Commission. the proposed change satisfies the criteria in treatment system operability is required 10CFR50.92(c). That is, the proposed changes whenever secondary containment integrity is Donna M. Skay, do not: not required. If secondary containment Acting Project Manager, Project Directorate 1. Involve a significant increase in the integrity cannot be maintained, activities III–2, Division of Reactor Projects—III/IV, probability or consequences of an accident which have the potential of a significant Office of Nuclear Reactor Regulation. previously evaluated. radiological release are immediately [FR Doc. 96–26589 Filed 10–16–96; 8:45 am] The proposed changes do not significantly suspended and conditions established within BILLING CODE 7590±01±P increase the probability of an accident since 24 hours in which secondary containment these changes only affect operability of integrity is no longer required. Requiring equipment used for either identifying or both trains of standby gas treatment system [Docket No. 50±245] mitigating accident conditions and have no and three power sources (either two onsite impact on any initiating events for analyzed and one offsite or one onsite and two offsite) Northeast Nuclear Energy Company; accidents previously evaluated. provides adequate AC electrical power Notice of Consideration of Issuance of The proposed change to Technical during a REFUELING OUTAGE. The Amendment to Facility Operating Specification 3.2.E makes the operability operability requirements for the standby gas License, Proposed No Significant requirements of the radiation monitors treatment system and power supplies remain Hazards Consideration Determination, consistent with operability requirements of unaltered for the fuel handling accident, the and Opportunity for a Hearing the systems they automatically actuate and design bases accident during a REFUELING the Standard Technical Specifications OUTAGE. Therefore, the consequences of the The U.S. Nuclear Regulatory NUREG–1433 (Rev 1) operability fuel handling accident, as analyzed, remain Commission (the Commission) is requirements for these monitors. The safety unaffected and the other less limiting considering issuance of an amendment function of these radiation monitors is to transients remain bounded. monitor the reactor building and the steam Currently, secondary containment integrity to Facility Operating License No. DPR– tunnel ventilation exhaust plenums, and the is required even when fuel is removed from 21 issued to Northeast Nuclear Energy room air at the refueling floor area to provide the vessel if the control rods are not fully Company (NNECO/the licensee) for prompt indication of a gross release of inserted. This requirement is not necessary operation of the Millstone Nuclear radioactive material and, if setpoints are for safety and can be eliminated. The Power Station, Unit 1 located in exceeded, actuate logic which initiates proposed LIMITING CONDITION FOR Waterford, Connecticut. standby gas treatment and isolates normal OPERATION results in some cases where The proposed amendment would ventilation. Conditions which could produce secondary containment is not required when modify the applicability requirements significant radiological releases and it would have been previously (e.g., mode for certain radiation monitors so that the necessitate isolation of the reactor building switch in REFUEL with no fuel movement or and steam tunnel ventilation systems and withdrawing a single control rod with the radiation monitors are required to be initiation of the standby gas treatment system vessel head installed). However, none of operable only when secondary are only permitted to be established when these cases would place the plant in a containment integrity is required to be secondary containment integrity is required. condition which would result in a significant operable; delineate when secondary Administrative controls are established to radiological release requiring secondary containment integrity is required; ensure that secondary containment integrity containment or standby gas treatment system Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54243 to mitigate the release. For example, with the considered in making any final London Turnpike, Norwich, mode switch in REFUEL the refueling determination. Connecticut, and the Waterford Library, interlocks would permit a single control rod Normally, the Commission will not ATTN: Vince Juliano, 49 Rope Ferry to be withdrawn with the vessel head issue the amendment until the Road, Waterford, Connecticut. If a installed. The core design ensures that the expiration of the 30-day notice period. reactor remains subcritical with the highest request for a hearing or petition for control rod worth withdrawn, therefore, a However, should circumstances change leave to intervene is filed by the above subcritical reactor with the vessel head during the notice period such that date, the Commission or an Atomic installed has no potential for a significant failure to act in a timely way would Safety and Licensing Board, designated radiological release. result, for example, in derating or by the Commission or by the Chairman Therefore, the proposed changes will not shutdown of the facility, the of the Atomic Safety and Licensing significantly increase the probability or Commission may issue the license Board Panel, will rule on the request consequences of an accident previously amendment before the expiration of the and/or petition; and the Secretary or the evaluated. 30-day notice period, provided that its 2. Create the possibility of a new or designated Atomic Safety and Licensing final determination is that the Board will issue a notice of hearing or different kind of accident from any accident amendment involves no significant previously evaluated. an appropriate order. The proposed changes do not create the hazards consideration. The final determination will consider all public As required by 10 CFR 2.714, a possibility of a new or different kind of petition for leave to intervene shall set accident since these changes only affect and State comments received. Should operability requirements for equipment used the Commission take this action, it will forth with particularity the interest of either to identify or mitigate accident publish in the Federal Register a notice the petitioner in the proceeding, and conditions and have no impact on any of issuance and provide for opportunity how that interest may be affected by the initiating events which could result in a new for a hearing after issuance. The results of the proceeding. The petition or different kind of accident from accidents Commission expects that the need to should specifically explain the reasons previously evaluated. take this action will occur very why intervention should be permitted None of these changes affect precursor infrequently. with particular reference to the events which could lead to a new or different Written comments may be submitted following factors: (1) the nature of the kind of accident and therefore, these changes petitioner’s right under the Act to be will not create the possibility of a new or by mail to the Chief, Rules Review and different kind of accident from any accident Directives Branch, Division of Freedom made party to the proceeding; (2) the previously evaluated. of Information and Publications nature and extent of the petitioner’s 3. Involve a significant reduction in a Services, Office of Administration, U.S. property, financial, or other interest in margin of safety. Nuclear Regulatory Commission, the proceeding; and (3) the possible The margin of safety provided by the Washington, DC 20555–0001, and effect of any order which may be existing technical specifications is not should cite the publication date and entered in the proceeding on the significantly reduced by the proposed page number of this Federal Register petitioner’s interest. The petition should changes. While the radiation monitor notice. Written comments may also be also identify the specific aspect(s) of the applicability requirements are being reduced, delivered to Room 6D22, Two White the radiation monitors, standby gas treatment subject matter of the proceeding as to system and secondary containment will Flint North, 11545 Rockville Pike, which petitioner wishes to intervene. continue to remain operable during Rockville, Maryland, from 7:30 a.m. to Any person who has filed a petition for conditions in which there is a potential for 4:15 p.m. Federal workdays. Copies of leave to intervene or who has been gross release of fission products. The written comments received may be admitted as a party may amend the proposed changes are consistent with the examined at the NRC Public Document petition without requesting leave of the requirements for the standby gas treatment Room, the Gelman Building, 2120 L Board up to 15 days prior to the first system initiation and the secondary Street, NW., Washington, DC. prehearing conference scheduled in the containment isolations which are activated The filing of requests for hearing and proceeding, but such an amended by these radiation monitors. There are no petitions for leave to intervene is accidents postulated which necessitate the petition must satisfy the specificity discussed below. requirements described above. use of these radiation monitors when plant By November 18, 1996, the licensee conditions do not require secondary may file a request for a hearing with Not later than 15 days prior to the first containment integrity to be operable. prehearing conference scheduled in the Conservatism is added in the requirements respect to issuance of the amendment to for secondary containment integrity and an the subject facility operating license and proceeding, a petitioner shall file a additional LIMITING CONDITION FOR any person whose interest may be supplement to the petition to intervene OPERATION is provided to address the affected by this proceeding and who which must include a list of the condition when secondary containment wishes to participate as a party in the contentions which are sought to be integrity cannot be met. proceeding must file a written request litigated in the matter. Each contention Therefore, these changes do not involve a for a hearing and a petition for leave to must consist of a specific statement of significant reduction in the margin of safety. intervene. Requests for a hearing and a the issue of law or fact to be raised or The NRC staff has reviewed the petition for leave to intervene shall be controverted. In addition, the petitioner licensee’s analysis and, based on this filed in accordance with the shall provide a brief explanation of the review, it appears that the three Commission’s ‘‘Rules of Practice for bases of the contention and a concise standards of 10 CFR 50.92(c) are Domestic Licensing Proceedings’’ in 10 statement of the alleged facts or expert satisfied. Therefore, the NRC staff CFR Part 2. Interested persons should opinion which support the contention proposes to determine that the consult a current copy of 10 CFR 2.714 and on which the petitioner intends to amendment request involves no which is available at the Commission’s rely in proving the contention at the significant hazards consideration. Public Document Room, the Gelman hearing. The petitioner must also The Commission is seeking public Building, 2120 L Street, NW., provide references to those specific comments on this proposed Washington, DC, and at the local public sources and documents of which the determination. Any comments received document room located at the Learning petitioner is aware and on which the within 30 days after the date of Resources Center, Three Rivers petitioner intends to rely to establish publication of this notice will be Community-Technical College, 574 New those facts or expert opinion. Petitioner 54244 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices must provide sufficient information to Counselors at Law, City Place, Hartford, development of Standard Review Plan show that a genuine dispute exists with CT, 06103–3499, attorney for the (SRP) section(s) and associated the applicant on a material issue of law licensee. regulatory guide(s). The purpose of this or fact. Contentions shall be limited to Nontimely filings of petitions for meeting is to gather information, matters within the scope of the leave to intervene, amended petitions, analyze relevant issues and facts, and to amendment under consideration. The supplemental petitions and/or requests formulate proposed positions and contention must be one which, if for hearing will not be entertained actions, as appropriate, for deliberation proven, would entitle the petitioner to absent a determination by the by the full Committee. relief. A petitioner who fails to file such Commission, the presiding officer or the Oral statements may be presented by a supplement which satisfies these presiding Atomic Safety and Licensing members of the public with the requirements with respect to at least one Board that the petition and/or request concurrence of the Subcommittee contention will not be permitted to should be granted based upon a Chairman; written statements will be participate as a party. balancing of the factors specified in 10 accepted and made available to the Those permitted to intervene become CFR 2.714(a)(1) (i)–(v) and 2.714(d). Committee. Electronic recordings will parties to the proceeding, subject to any For further details with respect to this be permitted only during those portions limitations in the order granting leave to action, see the application for of the meeting that are open to the intervene, and have the opportunity to amendment dated August 29, 1996, public, and questions may be asked only participate fully in the conduct of the which is available for public inspection by members of the Subcommittees, their hearing, including the opportunity to at the Commission’s Public Document consultants, and staff. Persons desiring present evidence and cross-examine Room, the Gelman Building, 2120 L to make oral statements should notify witnesses. Street, NW., Washington, DC, and at the the cognizant ACRS staff engineer If a hearing is requested, the local public document room located at named below five days prior to the Commission will make a final the Learning Resources Center, Three meeting, if possible, so that appropriate determination on the issue of no Rivers Community-Technical College, arrangements can be made. significant hazards consideration. The 574 New London Turnpike, Norwich, During the initial portion of the final determination will serve to decide Connecticut, and the Waterford Library, meeting, the Subcommittees, along with when the hearing is held. ATTN: Vince Juliano, 49 Rope Ferry any of their consultants who may be If the final determination is that the Road, Waterford, Connecticut. present, may exchange preliminary amendment request involves no views regarding matters to be significant hazards consideration, the Dated at Rockville, Maryland, this 10th day of October. considered during the balance of the Commission may issue the amendment meeting. and make it immediately effective, For the Nuclear Regulatory Commission. James W. Andersen, The Subcommittees will then hear notwithstanding the request for a presentations by and hold discussions hearing. Any hearing held would take Project Manager, Northeast Utilities Project Directorate, Division of Reactor Projects—I/ with representatives of the NRC staff, its place after issuance of the amendment. consultants, and other interested If the final determination is that the II, Office of Nuclear Reactor Regulation. [FR Doc. 96–26588 Filed 10–16–96; 8:45 am] persons regarding this review. amendment request involves a Further information regarding topics significant hazards consideration, any BILLING CODE 7590±01±P to be discussed, whether the meeting hearing held would take place before has been cancelled or rescheduled, the the issuance of any amendment. Chairman’s ruling on requests for the A request for a hearing or a petition Advisory Committee on Reactor opportunity to present oral statements for leave to intervene must be filed with Safeguards; Joint Meeting of the ACRS and the time allotted therefor can be the Secretary of the Commission, U.S. Subcommittees on Probabilistic Risk Nuclear Regulatory Commission, Assessment and on Plant Operations; obtained by contacting the cognizant Washington, DC 20555–0001, Attention: Notice of Meeting ACRS staff engineer, Mr. Michael T. Docketing and Services Branch, or may Markley (telephone 301/415–6885) The ACRS Subcommittees on be delivered to the Commission’s Public between 7:30 a.m. and 4:15 p.m. (EDT). Probabilistic Risk Assessment and on Document Room, the Gelman Building, Persons planning to attend this meeting Plant Operations will hold a joint 2120 L Street, NW., Washington, DC, by are urged to contact the above named meeting on October 30–November 1, the above date. Where petitions are filed individual one or two working days 1996, Room T–2B3, 11545 Rockville during the last 10 days of the notice prior to the meeting to be advised of any Pike, Rockville, Maryland. period, it is requested that the petitioner potential changes to the agenda, etc., The entire meeting will be open to that may have occurred. promptly so inform the Commission by public attendance. a toll-free telephone call to Western The agenda for the subject meeting Dated: October 9, 1996. Union at 1–(800) 248–5100 (in Missouri shall be as follows: Sam Duraiswamy, 1–(800) 342–6700). The Western Union Wednesday, October 30, 1996–8:30 Chief, Nuclear Reactors Branch. operator should be given Datagram a.m. until the conclusion of business. [FR Doc. 96–26587 Filed 10–16–96; 8:45 am] Identification Number N1023 and the Thursday, October 31, 1996–8:30 a.m. BILLING CODE 7590±01±P following message addressed to Phillip until the conclusion of business. F. McKee: petitioner’s name and Friday, November 1, 1996–8:30 a.m. telephone number, date petition was until the conclusion of business. [Docket No. 55±20726±SP; ASLBP No. 97± mailed, plant name, and publication On October 30, 1996, the 721±01±SP] date and page number of this Federal Subcommittees will continue their Ralph L. Tetrick; Designation of Register notice. A copy of the petition review of AEOD programs for risk-based Presiding Officer should also be sent to the Office of the analysis of reactor operating experience. General Counsel, U.S. Nuclear On October 31–November 1, 1996, the Pursuant to delegation by the Regulatory Commission, Washington, Subcommittees will discuss the NRC Commission dated December 29, 1972, DC 20555–0001, and to Gerald Garfield, staff’s approach to codify risk-informed, published in the Federal Register, 37 Esquire, Day, Berry & Howard, performance-based regulation through F.R. 28710 (1972), and §§ 2.105, 2.700, Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54245

2.702, 2.714, 2.714a, 2.717 and 2.1207 of briefed on: (1) the Postal Rate title 39, United States Code; and section the Commission’s Regulations, a single Commission Docket No. MC96–3, 7.3(b), (c), (i) and (j) of title 39, Code of member of the Atomic Safety and Special Services Fees and Classification; Federal Regulations. Licensing Board Panel is hereby and (2) a proposed filing with the Postal Requests for information about the designated to rule on petitions for leave Rate Commission for Parcels/Expedited meeting should be addressed to the Mail; and (3) will consider funding to intervene and/or requests for hearing Secretary of the Board, Thomas J. and, if necessary, to serve as the approval for the Minneapolis, Koerber, at (202) 268–4800. Presiding Officer to conduct an informal Minnesota, Information Service Center/ adjudicatory hearing in the following Accounting Operations Center. Thomas J. Koerber, proceeding. The meeting is expected to be Secretary. Ralph L. Tetrick attended by the following persons: [FR Doc. 96–26818 Filed 10–15–96; 2:48 pm] (Denial of Senior Reactor Operator’s Governors Alvarado, Daniels, del Junco, BILLING CODE 7710±12±M License) Dyhrkopp, Fineman, Mackie, McWherter, Rider and Winters; The hearing, if granted, will be Postmaster General Runyon, Deputy conducted pursuant to 10 C.F.R. Postmaster General Coughlin, Secretary Subpart L of the Commission’s SECURITIES AND EXCHANGE to the Board Koerber, and General Regulations, ‘‘Informal Hearing COMMISSION Counsel Elcano. Procedures for Adjudications in As to the first and second item, the Materials and Operator Licensing Issuer Delisting; Notice of Application Board determined that pursuant to to Withdraw From Listing and Proceedings.’’ This proceeding concerns section 552b(c)(3) of title 5, United a denial by NRC Staff of Mr. Tetrick’s Registration; (The Dial Corp., Common States Code, and section 7.3(c) of title Stock, $1.50 Par Value) File No. 1±7687 senior reactor operator’s license 39, Code of Federal Regulations, this application and Mr. Tetrick’s request for portion of the meeting is exempt from October 10, 1996. a hearing pursuant to 10 C.F.R. 2.103. the open meeting requirement of the The Presiding Officer in this Government in the Sunshine Act [5 The Dial Corp. (‘‘Company’’) has filed proceeding is Administrative Judge U.S.C. 552b(b)] because it is likely to an application with the Securities and Peter B. Bloch. Pursuant to the disclose information in connection with Exchange Commission (‘‘Commission’’), provisions of 10 C.F.R. 2.722, the proceedings under Chapter 36 of title pursuant to Section 12(d) of the Presiding Officer has appointed 39, United States Code (having to do Securities Exchange Act of 1934 (‘‘Act’’) Administrative Judge Peter S. Lam to with postal ratemaking, mail and Rule 12d2–2(d) promulgated assist the Presiding Officer in taking classification and changes in postal thereunder, to withdraw the above evidence and in preparing a suitable services), which is specifically specified security (‘‘Security’’) from record for review. exempted from disclosure by section listing and registration on the Pacific All correspondence, documents and 410(c) of title 39, United States Code. Stock Exchange, Inc. (‘‘PSE’’). other materials shall be filed with Judge The Board has determined further that The reasons alleged in the application Bloch and Judge Lam in accordance pursuant to section 552b(c)(10) of title 5, with C.F.R. 2.701. Their addresses are: for withdrawing the Security from United States Code, and section 7.3(j) of listing and registration include the Administrative Judge Peter B. Bloch; title 39, Code of Federal Regulations, the following: Presiding Officer, Atomic Safety and discussion is exempt because it is likely Licensing Board Panel, U.S. Nuclear to specifically concern participation of According to the Company, the Regulatory Commission, Washington, the Postal Service in a civil action or security has been listed on the PSE D.C. 20555 proceeding involving a determination since July 18, 1939. The company has Administrative Judge Peter S. Lam, on the record after opportunity for a decided that it is in its best interest to Special Assistant, Atomic Safety and hearing. voluntarily delist its shares in order to Licensing Board Panel, U.S. Nuclear As to the third item, the Board achieve administrative and cost savings, Regulatory Commission, Washington, determined that pursuant to section and to streamline its operations D.C. 20555. 552b(c)(2), (3), (9) of title 5, United following the announced spin-off of its Issued at Rockville, Maryland, this 9th day States Code; and section 410(c) of title consumer products group. The company of October 1996. 39, United States Code; and section stated that trading on the PSE is limited B. Paul Cotter, Jr., 7.3(b), (c), and (i) of title 39, Code of to a small percentage of aggregate Chief Administrative Judge, Atomic Safety Federal Regulations, the meeting is trading of the Company’s shares. exempt from the open meeting and Licensing Board Panel. Any interested person may, on or requirement of the Government in the [FR Doc. 96–26586 Filed 10–16–96; 8:45 am] before October 30, 1996, submit by letter BILLING CODE 7590±01±P Sunshine Act [5 U.S.C. 552b(b)]. The Board further determined that the to the Secretary of the Securities and public interest does not require that the Exchange Commission, 450 Fifth Street, Board’s discussion of these matters be N.W., Washington, D.C. 20549, facts POSTAL SERVICE open to the public. bearing upon whether the application In accordance with section 552b(f)(1) has been made in accordance with the Sunshine Act Meeting; Board of rules of the exchanges and what terms, Governors; Notice of Vote to Close of title 5, United States Code, and if any, should be imposed by the Meeting section 7.6(a) of title 39, Code of Federal Regulations, the General Counsel of the Commission for the protection of At its meeting on October 7, 1996, the United States Postal Service has investors. The Commission, based on Board of Governors of the United States certified that in her opinion the meeting the information submitted to it, will Postal Service voted unanimously to may properly be closed to public issue an order granting the application close to public observation its meeting observation pursuant to section after the date mentioned above, unless scheduled for November 4, 1996, in 552b(c)(2), (3), (9) and (10) of title 5, the Commission determines to order a Washington, D.C. The members will be United States Code; section 410(c) of hearing on the matter. 54246 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

For the Commission, by the Division of Joseph Roberts & Co., c/o Compliance States alleges that these acts, policies Market Regulation, pursuant to delegated Director, 1900 N.W. Corporate Blvd., and practices are inconsistent with authority. Suite 410–W, Boca Raton, FL 33433 certain provisions of the General Jonathan G. Katz, Mr. Ken Worm, National Association of Agreement on Tariffs and Trade 1994 Secretary. Securities Dealers, Anti-Fraud (GATT 1994), the Agreement on Trade- [FR Doc. 96–26559 Filed 10–16–96; 8:45 am] Division, 1735 K Street, N.W., Related Investment Measures (TRIMS BILLING CODE 8010±01±M Washington, DC 20006 Agreement), the Agreement on Mr. Scott Donachie, Compliance Subsidies and Countervailing Measures Director, Knight Securities L.P., 525 (SCM Agreement), and the Agreement [File No. 500±1] Washington Blvd., Jersey City, NJ on Trade-Related Aspects of Intellectual 07310 Property Rights (TRIPs Agreement), Novatek International, Inc.; Order of Ms. Lisa Antosiewicz, Sr. Vice each administered by the World Trade Suspension of Trading President, M.H. Myerson & Co., Inc., Organization (WTO). USTR invites 30 Montgomery Street, Jersey City, NJ written comments from the public on October 15, 1996. 07302 the matters being investigated. It appears to the Securities and Mr. Marcus Konig, President, Naib DATES: This investigation was initiated Exchange Commission that questions Trading Corporation, 800 E. Cyprus on October 8, 1996. Written comments have been raised about the adequacy Creek #302, Ft. Lauderdale, FL 33334 from the public are due on or before and accuracy of publicly-disseminated Comprehensive Capital Corp., c/o noon on Friday, November 15, 1996. information concerning Novatek Compliance Director, 1600 Stewart ADDRESS: Office of the United States International, Inc. concerning, among Ave., Suite 704, Westbury, NY 11590 Trade Representative, 600 17th Street other things, Novatek’s contracts, Kenny Securities Corporation, 7711 N.W., Washington, DC 20508. licenses, and financial condition, Carondelet Ave., Suite 900, St. Louis, including the valuation of certain assets FOR FURTHER INFORMATION CONTACT: MO 63105 Joseph Damond, Director for Southeast reported on Novatek’s financial Vision Securities, Inc., c/o Compliance statements. Asia, (202) 395–6813, or Thomas Director, 522 Willow Avenue, Robertson, Associate General Counsel, The Commission is of the opinion that Cedarhurst, NY 11516 the public interest and the protection of (202) 395–6800. Mr. Gary Kaplowitz, Compliance SUPPLEMENTARY INFORMATION: Section investors require a suspension of trading Director, Fahnstock & Co., Inc., 110 in the securities of the above-listed 302(b)(1) of the Trade Act of 1974, as Wall Street, New York, NY 10005 amended (the Trade Act) (19 U.S.C. company. Fiero Brothers, Inc., c/o Compliance Therefore, it is ordered, pursuant to 2412(b)(1)), authorizes the USTR to Director, 120 Broadway, 7th Floor, initiate an investigation under chapter 1 Section 12(k) of the Securities Exchange New York, NY 10271 Act of 1934, that trading in the of title III of the Trade Act (commonly Mr. Peter Scheib, Executive Vice referred to as ‘‘section 301’’) with securities of the above-listed company is President, Josephthal Lyons & Ross suspended for the period from 9:30 a.m. respect to any matter in order to Inc., 200 Park Ave., 24th Floor, New determine whether the matter is EDT, October 15, 1996 through 11:59 York, NY, 10166 p.m. EDT, on October 28, 1996. actionable under section 301. Matters [FR Doc. 96–26780 Filed 10–15–96; 1:04 pm] actionable under section 301 include, By the Commission. BILLING CODE 8010±10±M inter alia, the denial of rights of the Margaret H. McFarland, United States under a trade agreement, Deputy Secretary. or acts, policies, and practices of a Service List OFFICE OF THE UNITED STATES foreign country that violate or are TRADE REPRESENTATIVE inconsistent with the provisions of, or The attached Order of Suspension of otherwise deny benefits to the United Trading, pursuant to Rule 12(k) of the [Docket No. 301±109] States under, any trade agreement. Securities Exchange Act of 1934, has On October 8, 1996, having consulted Initiation of Section 302 Investigation been sent to the following persons: with the appropriate private sector and Request for Public Comment: Novatek International, Inc., c/o John advisory committees, the USTR Practices of the Government of Klimek, Fishman & Merrick, P.C., 30 determined that an investigation should Indonesia Regarding Certain N. La Salle, Suite 3500, Chicago, IL be initiated to determine whether Incentives Related to the Promotion of 60602 certain acts, policies and practices of the Indonesian Motor Vehicle Sector Mr. Steven Wien, Compliance Director, Indonesia intended to promote the Wien Securities Corp., 111 Pavonia AGENCY: Office of the United States development of an Indonesian motor Avenue, Jersey City, NJ 07310 Trade Representative. vehicle sector are actionable under Mr. Joe Durso, Assistant Compliance ACTION: Notice of initiation of section 301(a). Indonesia adopted in Director, Herzog, Heine Geduld, Inc., investigation; request for written 1993 a system of incentives for 525 Washington Blvd., 10th Floor, comments. manufacturers of motor vehicles and Jersey City, NJ 07310 parts in the form of a reduction in duties G.V.R. Company, c/o Director of SUMMARY: The Acting United States on their imports of certain products and Compliance, 440 S. La Salle Street, Trade Representative (USTR) has a reduction in taxes on the sale of motor Chicago, IL 60605 initiated an investigation under section vehicles. These benefits are conditional Ms. Lisa Seibold, National Financial 302(b)(1) of the Trade Act of 1974, as on compliance with domestic content Services Corporation, 55 Water Street, amended, with respect to certain acts, requirements and local content 22nd Floor, New York, NY 10041 policies and practices of the requirements with regard to inputs. This Ms. Jackie West, Compliance Director, Government of Indonesia concerning system was expanded in February of Troster Singer Stevens Rothchild the grant of conditional tax and tariff 1996 to provide additional tax and tariff Corp., 10 Exchange Place, 9th Floor, benefits intended to develop a motor incentives designed to promote a Jersey City, NJ 07302 vehicle sector in Indonesia. The United ‘‘national car’’ that was produced by an Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54247

Indonesian company, carried a unique Public Comment: Requirements for California under the provisions of Title Indonesian trademark and had a Submissions I of the Aviation Safety and Noise gradually-increasing percentage of local Interested persons are invited to Abatement Act of 1979 (Public Law 96– content over the next three years. The submit written comments concerning 193) and 14 CFR Part 150. These system was last modified in June of the acts, policies and practices of findings are made in recognition of the 1996, when the ‘‘national car’’ policy Indonesia which are the subject of this description of Federal and nonfederal was modified to permit the ‘‘national investigation, the amount of burden or responsibilities in Senate Report No. car’’ to be produced outside Indonesia. restriction on U.S. commerce caused by 96–52 (1980). On April 23, 1993 the FAA determined that the Noise The USTR believes that these acts, these acts, policies and practices, and the determinations required under Exposure Maps submitted by City of policies and practices are inconsistent Chico under Part 150 were in with certain aspects of the GATT 1994, section 304 of the Trade Act. Comments must be filed in accordance with the compliance with applicable the TRIMs Agreement, the SCM requirements set forth in 15 CFR requirements. On September 18, 1996, Agreement and the TRIPS Agreement. In 2006.8(b) (55 FR 20593) and must be the Associate Administrator for Airports particular, the program appears to be filed on or before noon on Friday, approved the Noise Compatibility inconsistent with the most-favored- November 15, 1996. Comments must be Program. nation treatment and national treatment in English and provided in twenty EFFECTIVE DATE: The effective date of the provisions found in Articles I and III of copies to: Sybia Harrison, Staff Assistant FAA’s approval of the Noise the GATT 1994; the prohibition in to the Section 301 Committee, Room Compatibility Program is September 18, Article 2 of the TRIMs Agreement on 223, Office of the U.S. Trade 1996. investment measures that are Representative, 600 17th Street, N.W., FOR FURTHER INFORMATION CONTACT: John inconsistent with the national treatment Washington, DC 20508. L. Pfeifer, Manager, Airports District and quantitative restriction provisions Comments will be placed in a file Office, SFO–600, 831 Mitten Road, in the GATT 1994; the prohibition on (Docket 301–109) open to public Burlingame, California 94010, certain subsidies in Articles 3, 6, and inspection pursuant to 15 CFR 2006.13, Telephone: (415) 876–2778. Documents 28.2 of the SCM Agreement; and the except confidential business reflecting this FAA action may be national treatment provision and information exempt from public reviewed at this same location. prohibition on unjustifiable inspection in accordance with 15 CFR SUPPLEMENTARY INFORMATION: This encumbrances on the use of trademarks 2006.15. Confidential business notice announces that the FAA has found in Articles 3, 20, and 65.5 of the information submitted in accordance given its overall approval to the Noise with 15 CFR 2006.15 must be clearly TRIPs Agreement. The United States has Compatibility Program for Chico marked ‘‘BUSINESS CONFIDENTIAL’’ reserved the right to raise additional Municipal Airport, effective September in a contrasting color ink at the top of 18, 1996. Under Section 104(a) of the factual claims and legal matters during each page on each of 20 copies, and the course of the consultations. Aviation Safety and Noise Abatement must be accompanied by a Act of 1979 (hereinafter referred to as Investigation and Consultations nonconfidential summary of the ‘‘the Act’’), an airport operator who has confidential information. The previously submitted a Noise Exposure As required in section 303(a) of the nonconfidential summary shall be Map may submit to the FAA a Noise Trade Act, the USTR has requested placed in the file that is open to public Compatibility Program which sets forth consultations with the Government of inspection. An appointment to review the measures taken or proposed by the Indonesia regarding the issues under the docket (Docket No. 301–109) may be airport operator for the reduction of investigation. The request was made made by calling Brenda Webb (202) existing noncompatible land uses and pursuant to Articles 1 and 4 of the 395–6186. The USTR Reading Room is prevention of additional noncompatible Understanding on Rules and Procedures open to the public from 10:00 a.m. to 12 land uses within the area covered by the Governing the Settlement of Disputes noon and 1:00 p.m. to 4:00 p.m., Noise Exposure Maps. The Act requires (DSU), Article XXII:1 of the GATT 1994, Monday through Friday, and is located such programs to be developed in Article 8 of the TRIMs Agreement, in Room 101. consultation with interested and Articles 7 and 30 of the SCM Irving A. Williamson, affected parties including local Agreement, and Article 64 of the TRIPS Chairman, Section 301 Committee. communities, government agencies, Agreement. If the consultations do not [FR Doc. 96–26592 Filed 10–16–96; 8:45 am] airport users, and FAA personnel. result in a satisfactory resolution of the BILLING CODE 3190±01±M Each airport Noise Compatibility matter, the USTR will request the Program developed in accordance with establishment of a panel pursuant to Federal Aviation Regulations (FAR) Part Article 6 of the DSU. DEPARTMENT OF TRANSPORTATION 150 is a local program, not a Federal program. The FAA does not substitute Under section 304 of the Trade Act, Federal Aviation Administration its judgment for that of the airport the USTR must determine within 18 proprietor with respect to which months after the date on which this FAA Approval of the Noise measures should be recommended for investigation was initiated, or within 30 Compatibility Program for Chico action. The FAA’s approval or days after the conclusion of WTO Municipal Airport (CIC), Chico, CA disapproval of FAR Part 150 program dispute settlement procedures, AGENCY: Federal Aviation recommendations is measured whichever is earlier, whether any act, Administration, DOT. according to the standards expressed in policy, or practice or denial of trade ACTION: Notice. Part 150 and the Act and is limited to agreement rights described in section the following determinations: 301 of the Trade Act exists and, if that SUMMARY: The Federal Aviation a. The Noise Compatibility Program determination is affirmative, the USTR Administration (FAA) announces its was developed in accordance with the must determine what action, if any, to findings on the Noise Compatibility provisions and procedures of FAR Part take under section 301 of the Trade Act. Program submitted by City of Chico, 150; 54248 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

b. Program measures are reasonably described in Section 104(b) of the Act. [Docket No. 28611] consistent with achieving the goals of The FAA began its review of the reducing existing noncompatible land program on March 22, 1996 and was Finding of No Significant Impact uses around the airport and preventing required by a provision of the Act to AGENCY: Federal Aviation the introduction of additional approve or disapprove the program Administration (FAA), DOT. noncompatible land uses; within 180 days (other than the use of ACTION: Finding of no significant c. Program measures would not create new flight procedures for noise control). impact. an undue burden on interstate or foreign Failure to approve or disapprove such commerce, unjustly discriminate against program within the 180-day period shall SUMMARY: The FAA prepared an types or classes of aeronautical uses, be deemed to be an approval of such Environmental Assessment (EA) to violate the terms of airport grant program. evaluate the Alaska Aerospace agreements, or intrude into areas The submitted program contained 15 Development Corporation’s (AADC) preempted by the Federal Government; proposed actions for noise mitigation on proposal to construct and operate a and and off the airport. The FAA completed launch site at Narrow Cape on Kodiak d. Program measures relating to the Island, Alaska, and issued a proposed use of flight procedures can be its review and determined that the procedural and substantive Finding of No Significant Impact implemented within the period covered (FONSI) for public comment on June 25, by the program without derogating requirements of the Act and FAR Part 150 have been satisfied. The overall 1996, for 30 days. After reviewing and safety, adversely affecting the efficient analyzing currently available data and use and management of the navigable program, therefore, was approved by the Associate Administrator for Airports information on existing conditions, airspace and air traffic control systems, project impacts, and measures to or adversely affecting other powers and effective September 18, 1996. Outright approval was granted for 13 of the mitigate those impacts, and after responsibilities of the Administrator considering public comments, the Office prescribed by law. Specific limitations specific program elements: Retention of existing altitude requirements; Existing of the Associate Administrator for with respect to the FAA’s approval of an Commercial Space Transportation (AST) airport Noise Compatibility Program are posted directional signs; Existing planning and zoning consideration of has determined that licensing the delineated in FAR Part 150, Section operation of the proposed launch site is 150.5. Approval is not a determination noise; Existing requirement of avigation not a major Federal action that would concerning the acceptability of land easements; Periodic noise exposure map significantly affect the quality of the uses under Federal, state, or local law. updates; Overflight protection zone; human environment within the meaning Approval does not by itself constitute an Easement dedication; Notice of airport of the National Environmental Policy FAA implementing action. A request for noise; Requirement for acoustical Act (NEPA) of 1969. Therefore the Federal action or approval to implement studies within the areas of CNEL 55dB preparation of an environmental impact specific noise compatibility measures and above; Preferential approach and statement is not required and AST is may be required, and an FAA decision departure flight tracks; Establish issuing a Finding of No Significant on the request may require an interagency coordination procedures/ Impact (FONSI). environmental assessment of the maintain public information; Post proposed action. Approval does not informational signs at takeoff end of FOR A COPY OF THE KODIAK LAUNCH constitute a commitment by the FAA to runways; Noise abatement advisories; COMPLEX ENVIRONMENTAL ASSESSMENT financially assist in the implementation Flight training/compliance; Increased CONTACT: Mr. Nikos Himaras, Office of of the program nor a determination that pilot awareness. One (1) element was the Associate Administrator for all measures covered by the program are disapproved for the purposes of Part 150 Commercial Space Transportation, eligible for grant-in-aid funding from the upon the finding that it is more properly Licensing and Safety Division, 400 FAA. Where federal funding is sought, categorized under Part 77. The other Seventh Street, SW., Washington, D.C. requests for project grants must be measure, a suggested modification to the 20590; phone (202) 366–2455; or refer to submitted to the FAA Airports District VOR approach to Runway 31R was the following Internet address: http:// Office in Burlingame, California. disapproved pending submission of www.dot.gov/dotinfo/faa/cst/cst.html. The City of Chico, California adequate information to make the DATES: The FAA made its proposed submitted to the FAA on December 16, informed analysis concerning the FONSI available for public comment on 1992 the Noise Exposure Maps, effectiveness of this measure. June 25, 1996, for 30 days. descriptions, and other documentation These determinations are set forth in Proposed Action produced during the Noise detail in a Record of Approval endorsed Compatibility Planning study conducted by the Associate Administrator for The FAA licenses the operation of from August 1991 through March 1995. Airports on September 18, 1996. The non-Federal launch sites in the United The Noise Exposure Maps were Record of Approval, as well as other States, such as AADC’s proposed determined by the FAA to be in evaluation materials and the documents construction and operation of Kodiak compliance with applicable comprising the submittal, are available Launch Complex (KLC), a commercial requirements on April 23, 1993. Notice for review at the FAA office listed above space launch site on Kodiak Island, of this determination was published in and at the administrative offices of the Alaska, pursuant to 49 U.S.C. 70101– the Federal Register on May 3, 1993. Chico Municipal Airport, Chico, 70119, formerly the Commercial Space The study contains a proposed Notice California. Launch Act. Licensing the operation of Compatibility Program comprised of a launch site is a proposed Federal actions designed for phased Issued in Hawthorne, California on October action requiring environmental analysis implementation by airport management 4, 1996. by the FAA in accordance with the and adjacent jurisdictions form the date Herman C. Bliss, National Environmental Policy Act of of study completion and beyond the Manager, Airports Division, Western-Pacific 1969, 42 U.S.C. 4321 et seq. Upon year 1996. It was requested that the FAA Region. receipt of a complete application, the evaluate and approve this material as a [FR Doc. 96–26662 Filed 10–16–96; 8:45 am] Associate Administrator for Commercial Noise Compatibility Program as BILLING CODE 4910±13±M Space Transportation must determine Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54249 whether to issue a license to AADC to licensing the operation of a launch site Environmental Consequences operate. Environmental findings are at KLC, and (2) the no action alternative. Ecological Resources required for a license evaluation. AADC has conducted a state-wide siting A recently enacted Interstate survey that evaluated 27 alternative Construction would disturb Commerce Commission sunset locations for a space launch facility. vegetation on 43 acres of the site. With legislation (Public Law 104–88) AST has given substantial weight to the the exception of wetlands, the disturbed addresses National Environmental preferences of AADC in selecting the areas are not considered high-quality Policy Act applicability to licensing proposed site, because AST’s review habitat. The 1.5 acres of wetlands that actions (see Page 1–5 of the EA). This indicates that there is no substantially would be disturbed constitute 0.2% of provision does not affect preparation of superior alternative site, from an the 790 acres of wetlands on the 3,100- the KLC EA but obviates the need for acre site. No practicable alternatives to preparation of an environmental impact environmental standpoint, that is operationally feasible. disturbing wetlands are available and, statement if the Department of the Army based on the small areas involved, the has issued a permit for the activity and The KLC was designed to avoid wetland and vegetation losses are the Army Corps of Engineers has found impacts to wetlands to the extent judged to be not significant. the activity has no significant impact. practicable. The payload processing area Noise from construction activity The Department of the Army Corps of and the access road to the launch area would temporarily disturb areas Engineers proposes to find that the were re-sited to avoid wetland immediately adjacent to roads and activity would have no significant disturbance, and the launch control proposed new facilities, but the valuable impact and is holding permit issuance center was redesigned to minimize wildlife habitats, mostly along the pending AST’s issuance of the FONSI. wetland impacts. The launch control shoreline and offshore, would not be The launch site would be located on center, however, must be located a significantly affected. Construction a 3,100-acre tract of state-owned land on minimum distance from the launch area activities could expose ducks and a peninsula known as Narrow Cape. and must have a direct view of the seabirds resting and feeding in the Construction for the project would waters off Narrow Cape to peak noise involve (1) Upgrading about 3 km of launch area. The only alternative for levels of approximately 72 dBA, which gravel access road; (2) creating two siting the launch control center to avoid is below the 80–90 dBA known to laydown areas for construction completely wetlands would have disturb water fowl and wildlife. The equipment; (3) building a launch control required access road construction that closest site believed to have a bald eagle center, a payload processing facility, the would have affected more wetlands. The nest is located at least 3,000 feet from launch area, and a water pump house; only alternative that would have and (4) use of existing quarry sites to avoided wetlands destruction in construction activities, a distance obtain fill material. Construction would upgrading Pasagshak Point Road would substantially greater than the 660-foot disturb approximately 43 acres, have involved extensive road relocation, buffer zone recommended by the Fish and Wildlife Service, United States including about 1.5 acres of wetlands, substantial destruction of non-wetland Department of the Interior (DOI), to most of which is adjacent to the gravel habitat, and prohibitive expense. protect nesting eagles. road leading to the launch complex. Because of these factors, no practicable Launch vehicle launches would cause To launch launch vehicles from KLC, alternatives to the proposed occasional noise levels sufficient to fee-paying customers would (1) construction were available and the cause startle responses in birds and Transport launch vehicle components, proposed action includes all practicable payloads, associated parts, and staff to marine mammals. However, these brief measures to minimize harm to wetlands disturbances, three to nine times per the site; (2) assemble vehicle which may result from the project (See components and payloads and prepare year, are not anticipated to have lasting Section 4.5.1.1 of the EA). The Alaska for launch; and (3) launch and track or significant adverse impacts on District of the U.S. Army Corps of payloads into orbit. Operations would wildlife, including threatened or begin in 1998, and about 3 launch engineers issued a public notice sensitive species. Emissions from vehicles per year would be launched regarding project construction and launch vehicle propulsion would be during the first four years. Anticipated wetlands involvement on September 7, occasional and widely and rapidly frequency of use would increase to a 1995, providing the public and dispersed, and no significant ecological maximum of 9 launches per year over appropriate state and Federal agencies effects would be expected. FAA has the 22 years of operation. Materials an opportunity for early review of completed informal consultation with would be transported to Kodiak Island wetland impacts. The Alaska District of the National Marine Fisheries Service by container ship, ocean barge, or the U.S. Army Corps of Engineers also (NMFS) under Section 7(a) of the airplane, and transported to the KLC by issued a permit evaluation and decision Endangered Species Act (ESA) of 1973, truck. Initially, approximately 100 document regarding project with respect to the Steller sea lion people would be onsite for 6 weeks construction and wetlands involvement which is a threatened species. Based on before a launch. Operations could on November 7, 1995, confirming that current data, the FAA does not expect eventually involve up to 14,000 person- the proposed filling of 1.43 acres of launch noise levels to greatly disturb or days per year onsite. The KLC would wetlands with clean sand and gravel is cause significant adverse impacts to provide the site for launching smaller not anticipated to measurably impact Steller sea lions. solid rocket motor launch vehicles such the substrate of the immediate vicinity Noise as Lockheed Martin Launch Vehicles 1 of the project site. They further and 2, Minuteman II (modified for confirmed that the proposed action Launch noise would be audible on Kodiak Island for a distance of commercial use), Taurus, and should have no appreciable impact on approximately 12 miles for Conestoga. the drainage pattern of adjacent approximately 1 minute. Sonic booms Alternatives Considered wetlands, the existing water quality, or would be heard only on the open ocean. The alternatives available to AST stream flow in the area of the project Given the infrequency and short consist of: (1) The proposed action, site. duration of launches, no significant 54250 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices adverse impacts to the public would be is not required pursuant to Section Monitoring and Mitigation expected. 176(c) of the Clean Air Act, 42 U.S.C. 7401 et seq., as implemented by 40 CFR As part of the licensing process for the Safety Part 51. The impacts of acid deposition KLC site, AADC is developing an The proposed KLC facilities would be in the nearby surface waters would be enhanced KLC Natural Resources located so that launch vehicles would minor because of relatively low HCl Management Plan that will address fly primarily over open water. A flight emissions from the small rockets monitoring and mitigation activities for and operational safety program would planned for launch at KLC, the small aspects of the site and environs, be implemented to manage risks to number of launches per year, and the including special status species, as workers and the public. All safety apparent capacity of local streams and discussed in Section 5.13 of the EA. concerns will be addressed as part of lakes for buffering acid inputs. Because To address concerns expressed by the AST’s licensing process. rocket launch impacts to air and water U.S. Fish and Wildlife Service (FWS) Visual and Cultural Resources would be relatively minor, occasional, about impacts on birds in the vicinity of and short-term, no significant impacts the project, though this exceeds Construction and operation of the would be expected to occur. requirements under the NEPA and ESA, proposed KLC would affect the visual the AADC and FAA have agreed to resources of Narrow Cape by placing Geology and Soil Resources enhance the existing KLC avian baseline five new man-made structures into a Soil erosion control practices, survey and monitoring plan to further relatively isolated area. The largest of implemented under the Stormwater scientific research in this area. Avian these, the launch service structure Pollution Prevention Plan, would keep species to be monitored are the bald would be 170 feet high, 40 feet wide and impacts to soils minor. Changes in soil eagle (protected under the Bald Eagle 70 feet long, and, because of the pH resulting from acid deposition from Protection Act), and migratory seabirds, relatively flat terrain, would be visible launch combustion products would be over most of the cape and from offshore. seaducks, and shorebirds (protected non-significant, because KLC soils under the Migratory Bird Treaty Act). Because the site is isolated and has few already have relatively low pHs. viewers, the visual impacts are The AADC shall, within 30 days of the considered non-significant. Impacts to Socioeconomics issuance of the FONSI, consult with the subsistence harvesting and Fish and Wildlife Service Field Construction of the proposed KLC Supervisor (U.S. Fish and Wildlife archaeological or historic sites would be would result in expenditures of $18–24 minor. Service, Ecological Services Anchorage million on goods and services, which Field Office, 605 West 4th Avenue, Air and Water would have positive effects on the local Room, G–62, Anchorage, Alaska 99501, and regional economies. Community 907–271–2787) and the FAA to initiate Air quality at the proposed KLC site resources and infrastructure are is excellent, and the site area is the enhancement of the KLC avian adequate to support the construction baseline survey and monitoring plan. designated an attainment area, as and operational workforces. No impacts defined under the Clean Air Act and The KLC avian baseline survey and to commercial fishing are anticipated, monitoring plan, developed in implementing regulations. Because of its because launch activities at Narrow location in an attainment area, no cooperation with the Fish and Wildlife Cape will not cause restrictions on Service, will be completed as soon as conformity review is required for the access to nearby waters. Launch KLC. Impacts of construction to both air possible to facilitate initiation of the operations will be closely coordinated surveying and monitoring activities, and and water would be short-term and with the U.S. Coast Guard; therefore, no minor. Launch vehicle launch emissions will be submitted to the FAA for impacts to Coast Guard activities are approval and incorporation into the of hydrogen chloride and aluminum anticipated. oxide would slightly and temporarily KLC Natural Resources Management degrade local air quality, and the Section 4(f) Plan for implementation. If monitoring hydrochloric acid (HCl) formed could be Impacts to recreational resources detects adverse impacts greater than deposited in nearby surface waters. KLC would be small. The site would be those identified in the EA, AADC would will conduct smaller and fewer closed immediately before and during take appropriate action to mitigate these launches per year than have been launch activities, but would remain impacts. The FAA will consider the conducted by the Air Force. Maximum open for recreational activities at all adequacy of the KLC Natural Resources concentrations of airborne HCl resulting other times. No significant impacts to Management Plan as part of its from KLC launches would not exceed the Pasagshak State Recreation Area or evaluation of AADC’s license the Air Force ceiling value for general the Kodiak National Wildlife Refuge, application. Per the FWS letter to AST public exposure of 10 parts per million. located about 4 miles and 40 miles dated October 2, 1996, FWS’s concerns Maximum concentrations of airborne respectively from the KLC site, would have been addressed and they do not particulates resulting from launches be expected because of the distances object to the issuance of a FONSI. would not exceed the National Ambient and the limited extent of construction Major Issues/Public Comments Air Quality Standard of a 24-hour and operational activities. average of 150 micrograms per cubic The FAA received comments on the meter for PM–10 (particulate matter less Land Use EA from three Federal agencies, three than 10 microns in diameter). The PM– The proposed action underwent a organizations, and nine individuals (all 10 standard is normally applied to review for consistency with standards residents of Kodiak Island). The FAA point-source, industrial type emissions. established under the Alaska Coastal has also discussed the issues of concern KLC launches will be relatively Management Program (Alaska with the Coast Guard, the National infrequent with emissions that disperse Administrative Code, Title Six, Chapter Marine Fisheries Service (NMFS) and quickly. The area is designated 80) and was issued a final consistency the U.S. Department of Interior, Fish attainable for all pollutants. A determination on January 18, 1996 (see and Wildlife Service (FWS). The major determination of conformity with the attached letter from the State of Alaska issues raised and the FAA’s resolution State Air Quality Implementation Plan to AADC). of these are summarized as follows: Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54251

Access to coastal waters and airspace: Determination DATES: Comments on petitions received Concerns were raised that launch After careful and thorough must identify the petition docket activities would restrict access to waters consideration of the facts contained number involved and must be received important to navigation near Narrow herein, the undersigned finds that the on or before October 18, 1996. Late filed Cape. The FAA notes that impacts to proposed Federal action is consistent comments will be considered so far as shipping, fishing, and Coast Guard boat with existing national environmental possible without incurring expense or patrols would be minimal, as no policies and objectives as set forth in delay in the issuance of the final restrictions would be placed on waters Section 101(a) of the National document. near the launch site. With respect to Environmental Policy Act of 1969 ADDRESSES: Send comments or any airspace conflicts, AADC will use the (NEPA) and that it will not significantly established methods to warn flyers of petition in triplicate to: Federal affect the quality of the human Aviation Administration, Office of the the short and infrequent need to avoid environment or otherwise include any airspace over the launch site, and that Chief Counsel, Attn: Rule Docket (AGC– condition requiring consultation llll launch activity will be suspended if 200), Petition Docket No. , 800 pursuant to Section 102(2)(c) of NEPA. Independence Avenue, SW., aircraft enter the avoidance zone by Therefore, an Environmental Impact Washington, DC. 20591. accident or under emergency Statement for the proposed action is not conditions. required. Comments may also be sent Impacts to Steller Sea Lions: In a Issued in Washington, DC, on October 8, electronically to the following internet letter dated August 21, 1996, NMFS 1996. address: [email protected]. concurred with FAA’s opinion that Frank C. Weaver, The petition, any comments received, launch noise will not cause reactions by Associate Administrator for Commercial and a copy of any final disposition are Steller sea lions greater than minor Space Transportation. filed in the assigned regulatory docket behavioral changes. However, because Attachments and are available for examination in the this is based on predicted rather than Rules Docket (AGC–200), Room 915G, measured noise levels, NMFS has FOR A COPY OF THE ATTACHMENTS OR FAA Headquarters Building (FOB 10A), requested, and AADC has agreed to OTHER REFERENCED MATERIAL CONTACT: 800 Independence Avenue, SW., perform, pre-launch monitoring of sea Mr. Nikos Himaras, Office of the Washington, D.C. 20591; telephone lion behavior and monitoring of noise Associate Administrator for Commercial (202) 267–3132. levels at sea lion haulouts for at least the Space Transportation, Licensing and first five launches. Safety Division, 400 Seventh Street, FOR FURTHER INFORMATION CONTACT: Fred Impacts to migratory birds and other SW., Washington, D.C. 20590; phone Haynes (202) 267–3939 or Marisa wildlife: The FWS raised issues (202) 366–2455; or refer to the following Mullen (202) 267–9681 Office of regarding the adequacy of the baseline Internet address: http://www.dot.gov/ Rulemaking (ARM–1), Federal Aviation information regarding wildlife and the dotinfo/faa/cst/cst.html. Administration, 800 Independence Avenue, SW., Washington, D.C. 20591. potential for adverse impacts to wildlife. [FR Doc. 96–26663 Filed 10–16–96; 8:45 am] The FWS requested that further studies BILLING CODE 4910±13±P This notice is published pursuant to be conducted at the project site to better paragraphs (c), (e), and (g) of § 11.27 of predict impacts on fish and wildlife Part 11 of the Federal Aviation resources. AADC will perform [Summary Notice No. PE±96±50] Regulations (14 CFR Part 11). monitoring that will generate additional biological information, and that the Petitions for Exemption; Summary of Issued in Washington, D.C., on October 10, FAA’s issuance of a launch operations Petitions Received; Dispositions of 1996. license will consider the adequancy of Petitions Issued Donald P. Byrne, AADC’s Natural Resources Management AGENCY: Federal Aviation Assistant Chief Counsel for Regulations. Plan. Administration (FAA), DOT. Petitions for Exemption Air Quality Impacts: FAA responded ACTION: Notice of petitions for to comments from the Environmental exemption received and of dispositions Docket No.: 28707. Protection Agency (EPA) Region 10 that of prior petitions. were received 75 days beyond closing of Petitioner: Bankair Inc. the official comment period. EPA raised SUMMARY: Pursuant to FAA’s rulemaking Sections of the FAR Affected: 14 CFR concerns regarding air quality modeling provisions governing the application, 135.87(a) and 121.221(a)(4). analyses and the application of models processing, and disposition of petitions Description of Relief Sought: To and guidelines in the EA. The modeling for exemption (14 CFR Part 11), this permit Bankair Inc., to add 6 Lear Jet and air quality analyses were done notice contains a summary of certain aircraft under 14 CFR 135 that do not using extremely conservative petitions seeking relief from specified meet all the cargo compartment assumptions and input parameters such requirements of the Federal Aviation certification requirements of 14 CFR 25. that FAA is confident of the reliability Regulations (14 CFR Chapter I), The aircraft, previously modified under of these analyses in supporting the dispositions of certain petitions FAA Field Approvals, will be used to significance of potential anticipated previously received, and corrections. carry bank paper (checks, notes, bonds) impacts. Further, the Alaska Department The purpose of this notice is to improve while awaiting issuance of its pending of Environmental Conservation (ADEC) the public’s awareness of, and Supplemental Type Certificate (STC). concurred and advised that no air participation in, this aspect of FAA’s The STC will allow 100 percent permit or modeling requirements were regulatory activities. Neither publication conversion from a passenger to cargo necessary. The INPUFF model and U.S. of this notice nor the inclusion or configuration. Air Force guideline for exposure to HCl omission of information in the summary are relevant and appropriate for these is intended to affect the legal status of [FR Doc. 96–26665 Filed 10–16–96; 8:45 am] analyses. any petition or its final disposition. BILLING CODE 4910±13±M 54252 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

Federal Highway Administration scheduled at this time. To ensure that manufactured to conform to all the full range of issues related to this applicable Federal motor vehicle safety Environmental Impact Statement; proposed action are addressed and all standards shall be refused admission Public Scoping Meeting for Road significant issues identified, comments, into the United States unless NHTSA Reconstruction; Moran Junction to and suggestions are invited from all has decided that the motor vehicle is Dubois, WY interested parties. Comments or substantially similar to a motor vehicle originally manufactured for importation ACTION: Notice of intent. questions concerning this proposed action and the EIS should be directed to into and sale in the United States, SUMMARY: The FHWA is issuing this the FHWA at the above address. certified under 49 U.S.C. § 30115, and of notice to advise the public that an Issued on: October 3, 1996. the same model year as the model of the motor vehicle to be compared, and is Environmental Impact Statement (EIS) J. Michael Bowen, for proposed road reconstruction in the capable of being readily altered to Assistant Division Administrator. Moran Junction to Dubois vicinity of conform to all applicable Federal motor northwestern Wyoming will be [FR Doc. 96–26612 Filed 10–16–96; 8:45 am] vehicle safety standards. prepared. The EIS will be prepared in BILLING CODE 4910±22±M Petitions for eligibility decisions may cooperation with the Wyoming be submitted by either manufacturers or Department of Transportation (WYDOT) importers who have registered with National Highway Traffic Safety and the U.S. Forest Service (USFS). NHTSA pursuant to 49 CFR Part 592. As Administration FOR FURTHER INFORMATION CONTACT: specified in 49 CFR 593.7, NHTSA Galen Hesterberg, Statewide Operations [Docket No. 96±107; Notice 1] publishes notice in the Federal Register Engineer, FHWA, 1916 Evans, of each petition that it receives, and Cheyenne, WY 82001, (307) 772–2012, Notice of Receipt of Petition for affords interested persons an extension 45, FAX (307) 772–2011, or Decision That Nonconforming 1992 opportunity to comment on the petition. Tim Stark, Environmental Services, Mercedes-Benz 300TE Passenger Cars At the close of the comment period, WYDOT, P.O. Box 1708, Cheyenne, WY Are Eligible for Importation NHTSA decides, on the basis of the 82003–1708, (307) 777–4379. petition and any comments that it has AGENCY: National Highway Traffic received, whether the vehicle is eligible SUPPLEMENTARY INFORMATION: The Safety Administration, DOT. for importation. The agency then proposed highway reconstruction ACTION: Notice of receipt of petition for publishes this decision in the Federal project will consist of reconstruction of decision that nonconforming 1992 Register. the existing U.S. Highway 26/287 Mercedes-Benz 300TE passenger cars Pierre Enterprises, Southeast, Inc. of beginning at Kp 4.8 (MP 3.0) and ends are eligible for importation. Ft. Pierce, Florida (‘‘Pierre’’) (Registered at Kp 65.7 (MP 40.7 and the east Forest Importer 93–016) has petitioned NHTSA Boundary) in Fremont and Teton SUMMARY: This notice announces receipt to decide whether 1992 Mercedes-Benz Counties. The purpose of this proposal by the National Highway Traffic Safety 300TE passenger cars are eligible for is to provide a modern two lane road Administration (NHTSA) of a petition importation into the United States. The with emergency parking shoulders. Line for a decision that a 1992 Mercedes- vehicle which Pierre believes is and grade will be adjusted to improve Benz 300TE that was not originally substantially similar is the 1992 sight distance and safety of the roadway manufactured to comply with all Mercedes-Benz 300TE that was while minimizing impacts to the natural applicable Federal motor vehicle safety manufactured for importation into, and environment. All bridges will be standards is eligible for importation into sale in, the United States and certified replaced. Improvements to the corridor the United States because: (1) It is by its manufacturer, Daimler Benz A.G., are considered necessary to provide for substantially similar to a vehicle that as conforming to all applicable Federal the existing and projected traffic was originally manufactured for motor vehicle safety standards. demand. Alternatives under importation into and sale in the United The petitioner claims that it carefully consideration include (1) taking no States and that was certified by its compared the non-U.S. certified 1992 action; (2) using alternate travel modes; manufacturer as complying with the Mercedes-Benz 300TE to its U.S. and (3) various alignment and design safety standards, and (2) it is capable of certified counterpart, and found the two alternatives. The development of these being readily altered to conform to the vehicles to be substantially similar with specific alternatives is an ongoing standards. respect to compliance with most Federal process that will incorporate features DATES: The closing date for comments motor vehicle safety standards. brought forth during public scoping in on the petition is November 18, 1996. Pierre submitted information with its addition to those identified by project petition intended to demonstrate that ADDRESSES: Comments should refer to engineers as preliminary road design the docket number and notice number, the non-U.S. certified 1992 Mercedes- activities progress. Letters describing and be submitted to: Docket Section, Benz 300TE, as originally manufactured, the proposed action and soliciting Room 5109, National Highway Traffic conforms to many Federal motor vehicle comments will be sent to appropriate Safety Administration, 400 Seventh St., safety standards in the same manner as Federal, State, and local agencies and to SW, Washington, DC 20590. [Docket its U.S. certified counterpart, or is private organizations and citizens who hours are from 9:30 a.m. to 4 p.m.] capable of being readily altered to express an interest in this proposal. A conform to those standards. series of public meetings will be held. FOR FURTHER INFORMATION CONTACT: Specifically, the petitioner claims that In addition, the public will be given the George Entwistle, Office of Vehicle the non-U.S. certified 1992 Mercedes- opportunity to hold a Public Hearing. Safety Compliance, NHTSA (202–366– Benz 300TE is identical to its U.S. Public notice will be given of the time 5306). certified counterpart with respect to and place of any meetings or hearings. SUPPLEMENTARY INFORMATION: compliance with Standards Nos. 102 The draft EIS will be available for public Transmission Shift Lever Sequence and agency review and comment prior Background * * *., 103 Defrosting and Defogging to a public hearing. No formal scoping Under 49 U.S.C. § 30141(a)(1)(A), a Systems, 104 Windshield Wiping and meetings or hearings have been motor vehicle that was not originally Washing Systems, 105 Hydraulic Brake Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54253

Systems, 106 Brake Hoses, 109 New Standard No. 214 Side Impact ACTION: List of applications for Pneumatic Tires, 111, Rearview Mirrors, Protection: installation of reinforcing modification of exemptions or 113 Hood Latch Systems, 116 Brake tubes. applications to become a party to an Fluid, 124 Accelerator Control Systems, Standard No. 301 Fuel System exemption. 201 Occupant Protection in Interior Integrity: installation of a rollover valve. Impact, 202 Head Restraints, 203 Additionally, the petitioner states that SUMMARY: In accordance with the Impact Protection for the Driver From a VIN plate must be installed inside the procedures governing the application non-U.S. certified 1992 Mercedes-Benz the Steering Control System, 204 for, and the processing of, exemptions Steering Control Rearward 300TE so that it can be read from the left from the Department of Transportation’s Displacement, 205 Glazing Materials, windshield pillar, and a VIN reference Hazardous Materials Regulations (49 206 Door Locks and Door Retention label must be affixed to the edge of the Components, 207 Seating Systems, 209 door or latch post nearest the driver, to CFR Part 107, Subpart B), notice is Seat Belt Assemblies, 210 Seat Belt satisfy the requirements of 49 CFR Part hereby given that the Office of Assembly Anchorages, 212 Windshield 565. Hazardous Materials Safety has received Retention, 216 Roof Crush Resistance, Interested persons are invited to the applications described herein. This 219 Windshield Zone Intrusion, and 302 submit comments on the petition notice is abbreviated to expedite Flammability of Interior Materials. described above. Comments should refer docketing and public notice. Because Additionally, the petitioner states that to the docket number and be submitted the sections affected, modes of the non-U.S. certified 1992 Mercedes- to: Docket Section, National Highway transportation, and the nature of Benz 300TE complies with the Bumper Traffic Safety Administration, Room application have been shown in earlier Standard found in 49 CFR Part 581. 5109, 400 Seventh Street, S.W., Federal Register publications, they are Petitioner also contends that the Washington, DC 20590. It is requested not repeated here. Requests for vehicle is capable of being readily but not required that 10 copies be modifications of exemptions (e.g., to altered to meet the following standards, submitted. provide for additional hazardous in the manner indicated: All comments received before the materials, packaging design changes, Standard No. 101 Controls and close of business on the closing date additional mode of transportation, etc.) Displays: (a) substitution of a lens indicated above will be considered, and are described in footnotes to the marked ‘‘Brake’’ for a lens with an ECE will be available for examination in the application number. Application symbol on the brake failure indicator docket at the above address both before lamp; (b) replacement of the numbers with the suffix ‘‘M’’ denote a and after that date. To the extent modification request. Application speedometer/odometer with a U.S.- possible, comments filed after the numbers with the suffix ‘‘P’’ denote a model component. closing date will also be considered. party to request. These applications Standard No. 108 Lamps, Reflective Notice of final action on the petition have been separated from the new Devices and Associated Equipment: (a) will be published in the Federal installation of U.S.-model headlight Register pursuant to the authority applications for exemptions to facilitate assemblies; (b) installation of U.S.- indicated below. processing. model taillamp assemblies; (c) DATES: Comments must be received on installation of a high mounted stop Authority: 49 U.S.C. 30141(a)(1)(A) and lamp. (b)(1); 49 CFR 593.8; delegations of authority or before November 1, 1996. at 49 CFR 1.50 and 501.8. Standard No. 110 Tire Selection and ADDRESS COMMENTS TO: Dockets Unit, Issued on: October 9, 1996. Rims: installation of a tire information Research and Special Programs placard. Marilynne Jacobs, Administration, U.S. Department of Standard No. 114 Theft Protection: Director, Office of Vehicle Safety Compliance. Transportation, Washington, DC 20590. installation of a warning buzzer relay [FR Doc. 96–26564 Filed 10–16–96; 8:45 am] and a warning buzzer in the steering Comments should refer to the lock electrical circuit. BILLING CODE 4910±59±P application number and be submitted in Standard No. 118 Power Window triplicate. If confirmation of receipt of Systems: rewiring of the power window comments is desired, include a self- Research and Special Programs system so that the window transport is addressed stamped postcard showing Administration inoperative when the ignition is the exemption number. switched off. Office of Hazardous Materials Safety; FOR FURTHER INFORMATION: Standard No. 208 Occupant Crash Notice of Applications for Modification Protection: installation of a seat belt of Exemptions or Applications to Copies of the applications are available warning buzzer. The petitioner states Become a Party to an Exemption for inspection in the Dockets Unit, that the vehicle is equipped with a U.S.- Room 8426, Nassif Building, 400 7th model driver’s side air bag and knee AGENCY: Research and Special Programs Street SW, Washington, DC. bolster. Administration, DOT.

Application Renewal of No. Applicant exemption

970±M ...... Callery Chemical Corp., Pittsburgh, PA (See Footnote 1) ...... 970 6610±M ...... ARCO Chemcial Co., Newtown Square, PA (See Footnote 2) ...... 6610 8723±M ...... Dyno Nobel Inc., Salt Lake City, UT (See Footnote 3) ...... 8723 8723±M ...... Austin Powder Co., Cleveland, OH (See Footnote 4) ...... 8723 8723±M ...... Taylor Minster Leasing, Inc., Houston, TX (See Footnote 5) ...... 8723 9266±M ...... ERMEWA, Inc., Houston, TX (See Footnote 6) ...... 9266 9830±M ...... Worthington Cylinder Corp., Columbus, OH (See Footnote 7) ...... 9830 10147±M ...... EFI Corp., Fremont, CA (See Footnote 8) ...... 10147 54254 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

Application Modification of No. Applicant exemption

11180±M ...... HMT Associates, Washington, DC (See Footnote 9) ...... 11180 11275±M ...... Dorbyl Engineering Container Division (DHE), Denver, CO (See Footnote 10) ...... 11275 11382±M ...... Structural Composities Industries, Pomona, CA (See Footnote 11) ...... 11382 11579±M ...... Dyno Nobel Inc., Salt Lake City, UT (See Footnote 12) ...... 11579 11613±M ...... Monsanto Co., St. Louis, MO (See Footnote 13) ...... 11613 11703±M ...... Walter Kidde Portable Equipment, Inc., Meborne, NC (See Footnote 14) ...... 11703 11714±M ...... Accent Stripe, Inc., Orchard Park, NY (See Footnote 15) ...... 11714 (1) To modify the exemption to provide for addition of stainless steel valves on DOT Specification 3AA cylinders for use in transporting Division 2.3 material. (2) To modify the exemption to provide for water and rail as additional modes of transportation for shipment of Division 5.2 Type F, liquid. (3) To modify the exemption to provide for rail as an additional mode of transportation. (4) To modify the exemption to provide for alternative stowage of shorter 350 feet DOT-Specification IM±102 portable tanks used for transport- ing Division 1.5 explosives and Division 5.1 oxidizers by cargo vessel. (5) To modify the exemption to provide for the transportation of Class 3 material in insulated stainless steel IM±101 tank containers. (6) To modify the exemption to provide for Division 2.3 material in insulated portable tanks in accordance with Special Provision B14. (7) To modify the exemption to provide for technical changes to DOT-Specification 4BA cylinders for use in transporting various classes of hazardous materials. (8) To modify the exemption to provide for technical modifications design of non-DOT specification cylinders for use in shipment of certain Divi- sion 2.1 and 2.2 gases. (9) To modify the exemption to provide for Class 9 and Division 4.1 material and exempt from the packaging, marking, labeling, and placarding requirements of hazardous materials regulations. (10) To modify exemption to provide for additional design non-DOT specification portable tanks, mounted in ISO frames, for use in transpor- tation certain Division 2.1 and 2.2 gases. (11) To modify the exemption to increase the water capacity of up to 200 lbs. and service pressure of up to 5,000 psig and authorize the use of type S fiber glass roving for non-DOT specification cylinders. (12) To modify the exemption to provide for oxidizing liquid, n.o.s., Division 5.1, as an additional class of hazardous materials. (13) To modify the exemption to provide for unloading of Class 3 and Division 6.1 material to remain connected during unloading process with- out the physical presence of an unloader. (14) To reissue the exemption originally issued on an emergency basis to manufacture, mark and sale DOT specification 39 cylinders equipped with alternative pressure relief devices. (15) To reissue the exemption originally issued on an emergency basis to authorize the transportation of non-DOT specification containers for use in transporting paint or epoxy for use in road striping.

Application Parties to No. Applicant exemption

3142±P Lockheed Martin Energy Systems, Inc., Oak Ridge, TN ...... 3142 3142±P Lockheed Martin Energy Research Corporation, Oak Ridge, TN ...... 3142 3216±P Solvay Fluorides, Inc., Greenwich, CT ...... 3216 3549±P Lockheed Martin Energy Research Corporation, Oak Ridge, TN ...... 3549 3549±P Lockheed Martin Energy Research Corporation, Oak Ridge, TN ...... 3549 4453±P American West Explosives, Inc., Plymouth, CA ...... 4453 4453±P Energetic Solutions, Inc., Dallas, TX ...... 4453 4588±P Lockheed Martin Energy Research Corporation, Oak Ridge, TN ...... 4588 4588±P Lockheed Martin Energy Research Corporation, Oak Ridge, TN ...... 4588 4588±P Lawrence Livermore National Laboratory, Livermore, CA ...... 4588 5022±P Lockheed Martin Energy Systems, Inc., Oak Ridge, TN ...... 5022 5022±P Lockheed Martin Energy Research Corporation, Oak Ridge, TN ...... 5022 5206±P Energetic Solutions, Inc., Dallas, TX ...... 5206 5948±P Lockheed Martin Energy Systems, Inc., Oak Ridge, TN ...... 5948 5948±P Lockheed Martin Energy Research Corporation, Oak Ridge, TN ...... 5948 5948±P DynCorp of Colorado, Inc., Golden, CO ...... 5948 6325±P Energetic Solutions, Inc., Dallas, TX ...... 6325 6530±P Airgas, Inc., Cheyenne, WY ...... 6530 6658±P Lockheed Martin Energy Research Corporation, Oak Ridge, TN ...... 6658 6658±P Lockheed Martin Energy Research Corporation, Oak Ridge, TN ...... 6658 6743±P Energetic Solutions, Inc., Dallas, TX ...... 6743 6922±P Solvay Fluorides, Inc., Greenwich, CT ...... 6922 6929±P Lockheed Martin Energy Research Systems, Inc., Oak Ridge, TN ...... 6929 6929±P Lockheed Martin Energy Research Corporation, Oak Ridge, TN ...... 6929 6962±P Lockheed Martin Energy Systems, Inc., Oak Ridge, TN ...... 6962 6962±P Lockheed Martin Energy Research Corporation, Oak Ridge, TN ...... 6962 6971±P Restek Corporation, Bellefonte, PA ...... 6971 7269±P Lockheed Martin Energy Systems, Inc., Oak Ridge, TN ...... 7269 7269±P Lockheed Martin Energy Research Corporation, Oak Ridge, TN ...... 7269 7616±P Mississippi Export Railroad Company, Moss Point, MS ...... 7616 7835±P Mountain Electronic Gases, Colorado Springs, CO ...... 7835 8307±P Lockheed Martin Energy Systems, Inc., Oak Ridge, TN ...... 8307 8307±P Lockheed Martin Energy Research Corporation, Oak Ridge, TN ...... 8307 8451±P Lockheed Martin Energy Systems, Inc., Oak Ridge, TN ...... 8451 8451±P Lockheed Martin Energy Research Corporation, Oak Ridge, TN ...... 8451 8451±P MacKenzie Corporation, Bush, LA ...... 8451 8451±P Mason & Hanger Corporation, Middletown, IA ...... 8451 8451±P Dayron, Orlando, FL ...... 8451 8451±P DynCorp of Colorado, Inc., Golden, CO ...... 8451 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54255

Application Parties to No. Applicant exemption

8453±P Energetic Solutions, Inc., Dallas, TX ...... 8453 8554±P American West Explosives, Inc., Plymouth, CA ...... 8554 8554±P Cook Slurry Company, Gilbert, MN ...... 8554 8554±P Energetic Solutions, Inc., Dallas, TX ...... 8554 8723±P American West Explosives, Inc., Plymouth, CA ...... 8723 8723±P Mining Services International, Salt Lake City, UT ...... 8723 8723±P Energetic Solutions, Inc., Dallas, TX ...... 8723 8723±PM Taylor Minster Leasing, Inc., Houston, TX (See Footnote 1) ...... 8723 8815±P Energetic Solutions, Inc., Dallas, TX ...... 8815 9275±P The Body Shop, Wake Forest, NC ...... 9275 9617±P American West Explosives, Inc., Plymouth, CA ...... 9617 9623±P American West Explosives, Inc., Plymouth, CA ...... 9623 9623±P Energetic Solutions, Inc., Dallas, TX ...... 9623 9689±P ICI Americas, Inc., Wilmington, DE ...... 9689 9723±P Safeway Chemical Transportation, Inc., Wilmington, DE ...... 9723 9723±P McCutcheon Enterprises, Inc., Apollo, PA ...... 9723 9769±P M P Environmental Services, Inc., Bakersfield, CA ...... 9769 9769±P Safeway Chemical Transportation, Inc., Wilmington, DE ...... 9769 9781±P Lockheed Martin Energy Systems, Inc., Oak Ridge, TN ...... 9781 9781±P Lockheed Martin Energy Research Corporation, Oak Ridge, TN ...... 9781 10001±P Weldstar Company, Aurora, IL ...... 10001 10067±P Lockheed Martin Energy Systems, Inc., Oak Ridge, TN ...... 10067 10067±P Lockheed Martin Energy Research Corporation, Oak Ridge, TN ...... 10067 10101±P Airgas, Inc., Cheyenne, WY ...... 10101 10114±P Hawaiian Airlines, Honolulu, HI ...... 10114 10114±P Aloha Airlines, Inc., Honolulu, HI ...... 10114 10300±P Lockheed Martin Energy Systems, Inc., Oak Ridge, TN ...... 10300 10300±P Lockheed Martin Energy Research Corporation, Oak Ridge, TN ...... 10300 10300±P Allied Signal, Inc., Morristown, NJ ...... 10300 10536±P Lockheed Martin Energy Systems, Inc., Oak Ridge, TN ...... 10536 10536±P Lockheed Martin Energy Research Corporation, Oak Ridge, TN ...... 10536 10536±P Los Alamos National Laboratory, Los Alamos, NM ...... 10536 10536±P Allied Signal, Inc., Morristown, NJ ...... 10536 10594±P Lockhead Martin Energy Systems, Inc., Oak Ridge, TN ...... 10594 10594±P Lockhead Martin Energy Research Corporation, Oak Ridge, TN ...... 10594 10751±P American West Explosives, Inc., Plymouth, CA ...... 10751 10880±P American West Explosives, Inc., Plymouth, CA ...... 10880 10885±P Lockhead Martin Energy Systems, Inc., Oak Ridge, TN ...... 10885 10885±P Lockhead Martin Energy Research Corporation, Oak Ridge, TN ...... 10885 10885±P Los Alamos National Laboratory, Los Alamos, NM ...... 10885 10885±P Allied Signal, Inc., Morristown, NJ ...... 10885 10987±P Industrail Gas Products & Supply, Inc., Colorado Springs, CO ...... 10987 11109±P Alaska Marine Lines, Inc., Seattle, WA ...... 11109 11153±P Tri-State Motor Transit, Inc., Byron, CA ...... 11153 11153±P ROMIC Environmental Technologies Corporation, East Palo Alto, CA ...... 11153 11156±P American West Explosives, Inc., Plymouth, CA ...... 11156 11156±P Energetic Solutions, Inc., Dallas, TX ...... 11156 11173±P Assured Space Access, Inc., Chandler, AZ ...... 11173 11173±P Earthwatch, Inc., Longmont, CO ...... 11173 11197±P Kemwater North America Company, Antioch, CA ...... 11197 11230±P American West Explosives, Inc., Plymouth, CA ...... 11230 11230±P Energetic Solutions, Inc., Dallas, TX ...... 11230 11230±P Mountain-Valley Explosives Co., Inc., Paintsville, KY ...... 11230 11294±P ROMIC Environmental Technologies Corporation, East Palo Alto, CA ...... 11294 11296±P Republic Environmental Systems (Transp. Group), Hatfield, PA ...... 11296 11373±P American Industrial Chemical Corporation, Smyrna, GA ...... 11373 11373±P Kramer Chemicals, Inc., Glen Rock, NJ ...... 11373 11373±P Kramer Chemicals, Inc., Johnstown, NY ...... 11373 11373±P G.M. Gannon Company, Warwick, RI ...... 11373 11383±P Astrotech Space Operations, L.P., Titusville, FL ...... 11383 11458±P Warner-Lambert Company, Inc., Morris Plains, NJ ...... 11458 11516±P Madison Price Manufacturer's, Inc., Spooner, WI ...... 11516 11588±P Medical Waste Transport, Inc., Sioux Falls, SD ...... 11588 11602±P Mercury Marine, Division of Brunswick Corp., Stillwater, OK ...... 11602 11602±P Mercury Marine, Division of Brunswick Corp., Fond Du Lac, WI. 11602±P Bodine Aluminum, Inc., Troy, MO ...... 11602 11602±P Bodine Aluminum, Inc., St. Louis, MO ...... 11602 11602±P The William L Bonnell Company, Inc., Carthage, TN ...... 11602 11602±P The William L Bonnell Company, Inc., Newnan, GA ...... 11602 11602±P Vanalco, Inc., Vancouver, WA ...... 11602 11602±P Aluminum Resources, Inc., Smyrna, TN ...... 11602 11602±P MICA Metals, Inc., Bedford, IN ...... 11602 11602±P Wells Aluminum Corporation, Baltimore, MD ...... 11602 54256 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

Application Parties to No. Applicant exemption

11602±P Institute of Scrap Recycling Industries, Washington, DC ...... 11602 11602±P Tobian Metals, Inc., St. Joseph, MI ...... 11602 11602±P Custom Alloy Scrap Sales, Inc., Oakland, CA ...... 11602 11602±P ADC, L.P. d/b/a Anderson Die Castings, Wheeling, IL ...... 11602 11602±P Taber Metals Limited Partnership, Russellville, AR ...... 11602 11602±P Taber Metals Gulfport, L.P., Gulfport, MS ...... 11602 11602±P Tower Metal Products, L.P., Fort Scott, KS ...... 11602 11602±P Tower Extrusions, LTD., Olney, TX ...... 11602 11602±P Louis J. Homan Metals Co., Cincinnati, OH ...... 11602 11602±P Rusk Metal Company, Dubuque, IA ...... 11602 11602±P American Meter Company, Nebraska City, NE ...... 11602 11602±P Walker Die Casting, Inc., Lewisburg, TN ...... 11602 11602±P Atemco, Bryan, TX ...... 11602 11602±P Stahl Specialty Co., Kingsville, MO ...... 11602 11602±P Superior Aluminum Castings, Inc., Independence, MO ...... 11602 11602±P Systems Waste Removal, Kentwood, MI ...... 11602 11602±P American Foundrymen's Society, Inc., Des Plaines, IL ...... 11602 11602±P North American Die Casting Association, Rosemont, IL ...... 11602 11602±P Non-Ferrous Founders' Society, Des Plaines, IL ...... 11602 11619±P National Aeronautics & Space Administration (NASA), Washington, DC ...... 11619 11624±P M P Environmental Services, Inc., Bakersfield, CA ...... 11624 11624±P Tri-State Motor Transit, Inc., Byron, CA ...... 11624 11624±P City Environmental Services, Inc. of Florida, Tampa, FL ...... 11624 11624±P EOG Environmental, Milwaukee, WI ...... 11624 11624±P Rollins Environmental, Inc., Wilmington, DE ...... 11624 11624±P Inland Waters Pollution Control, Inc., Detroit, MI ...... 11624 11624±P City Environmental, Inc., Detroit, MI ...... 11624 11624±P Heritage Transport, Inc., Indianapolis, IN ...... 11624 11624±P Advanced Environmental Technical Services, Flanders, NJ ...... 11624 11740±P Alliant Techsystems, Inc., New Brighton, MN ...... 11740 1 To modify the exemption to provide for the transportation of Class 3 material in insulated stainless steel IM±101 tank containers.

This notice of receipt of applications for SUMMARY: In accordance with the Comments should refer to the modification of exemptions and for party to procedures governing the application application number and be submitted in an exemption is published in accordance for, and the processing of, exemptions triplicate. If confirmation of receipt of with Part 107 of the Hazardous Materials for the Department of Transportation’s comments is desired, include a self- Transportations Act (49 U.S.C. 1806; 49 CFR Hazardous Materials Regulations (49 addressed stamped postcard showing 1.53(e)). CFR Part 107, Subpart B), notice is the exemption application number. Issued in Washington, DC, on October 11, hereby given that the Office of 1996. Hazardous Materials Safety has received FOR FURTHER INFORMATION: Copies of the J. Suzanne Hedgepeth, the applications described herein. Each applications are available for inspection Director, Office of Hazardous Materials, mode of transportation for which a in the Dockets Unit, Room 8426, Nassif Exemptions and Approvals. particular exemption is requested is Building, 400 7th Street, SW., [FR Doc. 96–26660 Filed 10–16–96; 8:45 am] indicated by a number in the ‘‘Nature of Washington, DC. BILLING CODE 4910±60±M Application’’ portion of the table below This notice of receipt of applications for as follows: 1—Motor vehicle, 2—Rail new exemptions is published in accordance freight, 3—Cargo vessel, 4—Cargo with Part 107 of the Hazardous Materials Office of Hazardous Materials Safety; aircraft only, 5—Passenger-carrying Transportations Act (49 U.S.C. 1806; 49 CFR Notice of Applications for Exemptions aircraft. 1.53(e)). DATES: Comments must be received on Issued in Washington, DC, on October 11, AGENCY: Research and Special Programs or before November 18, 1996. 1996. Administration, DOT. ADDRESS COMMENTS TO: Dockets Unit, J. Suzanne Hedgepeth, Research and Special Programs, ACTION: List of applicants for Director, Office of Hazardous Materials, exemptions. Administration, U.S. Department of Transportation, Washington, DC 20590. Exemptions and Approvals. Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54257

NEW EXEMPTIONS

Application No. Applicant Regulation(s) affected Nature of exemption thereof

11745±N ...... Public Service Electric & 49 CFR 173.427(b)(1) ..... To authorize the transportation in commerce of steam generators Gas Co., Hancocks containing Class 7 material in alternative packaging. (Mode 3.) Bridge, NJ. 11746±N ...... FMC Corp., Philadelphia, 49 CFR 174.67(j) ...... To authorize rail cars to remain connected during unloading of Divi- PA. sion 2.3 material without the physical presence of an unloader. (Mode 2.) 11747±N ...... Monsanto Co., St. Louis, 49 CFR 173.31 ...... To authorize an alternative testing method for tank car structural re- MO. certification. (Mode 2.) 11748±N ...... Frank W. Hake Associ- 49 CFR 173.403, To authorize the transportation in commerce of steam generators ates, Memphis, TN. 173.427(b)(1). from pressurized water nuclear power plants without the use of overpack. (Modes 1, 2, 3.) 11749±N ...... Union Tank Car Co., East 49 CFR 180.509 ...... To authorize an alternative testing method for specification tank cars Chicago, IN. for use in transporting various hazardous materials as presently authorized. (Mode 2.) 11750±N ...... Department of Energy, Al- 49 CFR 173.24, 173.24, To authorize the transportation in commerce of non-DOT specifica- buquerque, NM. 173.301, 173.304, tion pressure vessels for use in transporting a Division 2.2 mate- 178.3. rial. (Modes 1, 2.) 11751±N ...... Delta Resigns & Refrac- 49 CFR 173.200 ...... To authorize the transportation in commerce of solvent coating solu- tories, Detroit, MI. tions, Class 3, in UN Specification 1A2/Y1.4 openhead steel drums not to exceed 55 gallons. (Modes 1, 2.) 11752±N ...... Swim Chem, Sacramento, 49 CFR 172.504 ...... To authorize the transportation in commerce of small quantities of CA. chlorine for residential swimming pool maintenance to be trans- ported with alternative placarding. (Mode 1.) 11754±N ...... National Aeronautics & 49 CFR 173.304(a)(2) ..... To authorize the transportation in commerce of a specially designed Space Administration, space device which contains compressed and liquefied gases, Di- Washington, DC. vision 2.1 and 2.2 in non-DOT specification containers. (Mode 1.) 11758±N ...... E.I. DuPont de Nemours 49 CFR 178.345±10(e) ... To authorize the transportation of Division 6.1 material in MC±312 & Co., Inc., Wilmington, cargo tanks equipped with 1.5 inch Crosby JQ relief valves. DE. (Mode 1.) 11759±N ...... E.I. DuPont de Nemours 49 CFR 179.15(a) ...... To authorize the transportation in commerce of 112S400W and & Co., Inc., Wilmington, 112S500W tanks cars equipped with 1.5 inch Crosby JQ relief DE. valves for use in transporting Division 6.1 material. (Mode 2.) 11761±N ...... Vulcan Chemicals, Bir- 49 CFR 173.31(d)(1)(vi) To authorize the transportation in commerce of Class 8 material in mingham, AL. rail cars equipped with 165 psig and baffles with alternative rup- ture disc inspection procedure. (Mode 2.) 11762±N ...... Owens Fabricators, Inc., 49 CFR 178.245±1(a) ..... To authorize the manufacture, mark and sale of DOT-Specification Baton Rouge, LA. 51 portable tanks constructed in accordance with Part UHT of the ASME Code that are not postweld heat treated for the transport of certain Class 2 material, heat treated. (Modes 1, 2, 3.) 11765±N ...... Laidlaw Environmental 49 CFR 173.241(d)(2)(i) To authorize the transportation in commerce of Class 9 liquid haz- Services Inc., Colum- ardous materials in inner plastic and metal containers overpacked bia, SC. in 1G fiberboard boxes not to exceed one gallon capacity. (Mode 1.) 11766±N ...... E.I. Dupont de Nemours 49 CFR 173.32b(b) ...... To authorize an alternative testing interval for IMO Type 1 ISO port- & Co., Inc., Wilmington, able tanks used exclusively for hydrogen peroxide service. DE. (Modes 1, 2, 3.) 11767±N ...... Ausimont USA, Inc., 49 CFR 173.315(a) ...... To authorize the transportation in commerce of mixture of com- Thorofare, NJ. pressed gas in DOT 51/IMO 5 ISO containers with a minimum pressure of 400 psi. (Mode 1.) 11768±N ...... Flotec Inc., Indianapolis, 49 CFR 173.302(a)(5)(1) To authorize the transportation in commerce of oxygen, Division 2.2, IN. in aluminum cylinders equipped with specially designed aluminum valves. (Mode 1.) 11769±N ...... Great Western Chemical 49 CFR 177.834(h) ...... To authorize the unloading of various Class 8 material from truck- Co., Portland, OR. mounted intermediate bulk containers. (Mode 1.) 11770±N ...... Gas Cylinder Tech- 49 CFR 173.301, To authorize the transportation in commerce of non-DOT specifica- nologies Inc., Tecum- 173.302, 173.304. tion cylinders comparable DOT 3E for use in transporting liquified seh, ON. and non-liquified compressed gases, Division 2.1 and 2.2. (Modes 1, 2.) 11771±N ...... Conoco Inc., Billings, MT 49 CFR 173.31, 174.67 ... To authorize an alternative inspection criteria of rail cars used in transporting Class 2 and 3 material. (Mode 2.)

11772±N ...... Klespie Tank & Petroleum 49 CFR 178.337±13(d) ... To authorize alternative pads to be welded to shells attached to Equipment, Morris, MN. components of MC±331 cargo tanks used in transporting liquid petroleum and anhydrous ammonia. (Mode 1.) 11773±N ...... West Coast Air Charter, 49 CFR 171.11, 172.101, To authorize the transportation of Class 1 explosives presently for- Ontario, CA. 172.204(c)(3), 173.27, bidden or in quantities greater than those authorized for shipment 175.30(a)(1), by air. (Mode 4.) 175.320(b), Part 107, Appendix B. 54258 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

NEW EXEMPTIONSÐContinued

Application No. Applicant Regulation(s) affected Nature of exemption thereof

11774±N ...... Safety Disposal System, 49 CFR 171.8, 172.101, To authorize the transportation in commerce of a specially designed Inc., Opa Locka, FL. Col 8c, 173.197. outer packaging equipped with liner for use in transporting regu- lated medical waste, Division 6.2. (Mode 1.)

[FR Doc. 96–26661 Filed 10–16–96; 8:45 am] The segment between milepost 9.8 By the Board, David M. Konschnik, Director, Office of Proceedings. BILLING CODE 4910±60±M and milepost 14.09 (4.29 miles) was acquired by C–DOT on May 4, 1983.2 Vernon A. Williams, Pursuant to a first supplemental Secretary. Surface Transportation Board agreement dated March 28, 1996, [FR Doc. 96–26603 Filed 10–16–96; 8:45 am] between C–DOT and CCCL,3 operations BILLING CODE 4915±00±P [STB Finance Docket No. 33125] were scheduled to commence no sooner than September 16, 1996, and scheduled Connecticut Central Railroad to terminate on May 17, 2017. Company, Inc.ÐModified Rail DEPARTMENT OF THE TREASURY Certificate The rail segments qualify for a modified certificate of public [Treasury Directive Number 12±52] On September 13, 1996, Connecticut convenience and necessity. See Central Railroad Company, Inc. (CCCL), Common Carrier Status of States, State Approval of Privacy Act Documents; a class III shortline railroad, filed a Agencies and Instrumentalities, and authority delegation notice for a modified certificate of Political Subdivisions, Finance Docket public convenience and necessity under No. 28990F (ICC served July 16, 1981). Dated: October 8, 1996. 49 CFR 1150, Subpart C—Modified No subsidy is involved. There may be 1. Delegation. By virtue of the authority vested in the Assistant Certificate of Public Convenience and preconditions for shippers to meet in Secretary (Management) and Chief Necessity to operate approximately 7.49 order to receive rail service. CCCL Financial Officer by Treasury Order miles of abandoned segments of rail line indicates that in order for potential (TO) 101–05, I hereby delegate to the (the Wethersfield Secondary Track) shippers to receive service, they may be owned by the Connecticut Department Deputy Assistant Secretary required to enter into a contractual (Administration) the authority to of Transportation (C–DOT).1 The agreement with it, and may be subject segments are as follows: (1) between approve, on behalf of the Department, to a special train charge as set forth in subject to Treasury Directive (TD) 28– milepost 2.6 and milepost 3.0 at CCCL’s tariff. Hartford, CT; (2) between milepost 7.0 01, the notices, determinations and at Wethersfield, CT, and milepost 9.8 The segment of line between milepost regulations required to be published by near Rocky Hill, CT; and (3) between 2.6 and milepost 3.0 will connect with the Privacy Act of 1974, as amended. milepost 9.8 and milepost 14.09 at Conrail at Hartford. For the segments This includes the authority to ratify, Cromwell, CT. between milepost 7.0 and milepost where necessary, any such notice or 14.09, CCCL currently maintains regulation previously issued. The 0.4-mile segment between interline connections with the 2. Redelegation. The authority milepost 2.6 and milepost 3.0 was Providence and Worcester Railroad delegated in paragraph 1. may not be abandoned by Consolidated Rail Company at Middlefield, CT, and with redelegated. During the absence of the Corporation (Conrail) in 1987. Conrail Conrail at Cedar Hill Yard in New Deputy Assistant Secretary Abandonment of the Wethersfield Haven, CT. (Administration), notices, Industrial Track in Hartford County, CT, determinations and regulations required Docket No. AB–167 (Sub-No. 992N) (ICC This notice must be served on the Association of American Railroads (Car shall be approved by the Assistant served Mar. 6, 1987). C–DOT acquired Secretary (Management) and Chief Service Division) as agent for all this segment on May 5, 1987. Financial Officer. railroads subscribing to the car-service The segment between milepost 7.0 and car-hire agreement: Association of 3. Authority. TO 101–05, ‘‘Reporting Relationships and Supervision of and milepost 9.8 (2.8 miles) was American Railroads, 50 F St., NW., Officials, Offices and Bureaus, formerly owned by the New York, New Washington, DC 20001; and on the Haven & Hartford Railroad, and then the Delegations of Certain Authority, and American Short Line Railroad Penn Central Transportation Company. Order of Succession in the Department Association: American Short Line The segment was not designated for of the Treasury.’’ Railroad Association, 1120 G St., NW., transfer to Conrail, but was available for 4. References. Suite 520, Washington, DC 20005. subsidy under section 304 of the a. TD 28–01, ‘‘Preparation and Review Regional Rail Reorganization Act of Decided: October 10, 1996. of Regulations.’’ 1973 (3R Act). USRA-Final System Plan- b. TD 25–04, ‘‘The Privacy Act of July 1975—Vol. II, page 122. C–DOT 2 The record indicates that this segment was 1974, As Amended.’’ acquired this segment on October 28, already out of service and abandoned at the time of the USRA’s review of lines to be included in the c. TD 25–03, ‘‘Filing Documents for 1981. Conrail Final System Plan. Also, the 1973 edition Publication with the Office of the of the Rand McNally Handy Railroad Atlas shows Federal Register.’’ 1 By correspondence received October 1 and no track in existence at that time between Rocky 5. Expiration Date. This Directive October 3, 1996, a representative of C–DOT Hill and Cromwell. indicates that the involved segments were acquired 3 The original notice of lease/operating agreement, expires three years from October 8, 1996 by C–DOT in separate transactions utilizing state dated June 24, 1987, governs CCCL’s operations unless superseded or cancelled prior to funds and Federal LRSA funds. over other rail lines owned by C–DOT. that date. Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54259

6. Office of Primary Interest. colleges. Proposals for programs internship during the summer months Disclosure Services, Administrative involving fewer than the 12 countries before returning home. Participants Operations Division, Office of the listed, or limited to university-to- must return to their home country Deputy Assistant Secretary university exchange will not be immediately following the completion (Administration), Office of the Assistant accepted. This program is subject to the of the USIA-sponsored program. No Secretary (Management) and Chief availability of funds. extensions or transfers for additional Financial Officer. Overall grant making authority for study, academic training, or new George Mun˜ oz, this program is contained in the Mutual programs will be allowed. Assistant Secretary (Management) and Chief Educational and Cultural Exchange Act FOR FURTHER INFORMATION, CONTACT: The Financial Officer. of 1961, Public Law 87–256, as European Programs Branch, Academic [FR Doc. 96–26567 Filed 10–16–96; 8:45 am] amended, also known as the Fulbright- Exchanges Division, E/AEE, Room 246, BILLING CODE 4810±25±P Hays Act. The purpose of the Act is ‘‘to U.S. Information Agency, 301 4th Street, enable the Government of the United S.W., Washington, D.C. 20547, States to increase mutual understanding telephone: 202/205–0525, fax: 202/260– UNITED STATES INFORMATION between the people of the United States 7985, e-mail: [email protected] to request AGENCY and the people of other countries . ..; a Solicitation Package containing more to strengthen the ties which unite us detailed award criteria, required Freedom Support Act Undergraduate with other nations by demonstrating the application forms, and standard Program educational and cultural interests, guidelines for preparing proposals, developments, and achievements of the ACTION: Notice—Request for proposals. including specific criteria for people of the United States and other preparation of the proposal budget. nations . . . and thus to assist in the SUMMARY: The Office of Academic development of friendly, sympathetic TO DOWNLOAD A SOLICITATION PACKAGE Programs, Academic Exchanges VIA INTERNET: The entire Solicitation Division, European Programs Branch of and peaceful relations between the United States and the other countries of Package may be downloaded from the United States Information Agency’s USIA’s website at http://www.usia.gov/ Bureau of Educational and Cultural the world.’’ The funding authority for the or from the Internet Gopher at gopher:/ Affairs announces an open competition /gopher.usia.gov. Under the heading for an assistance award. Public and Freedom Support Act Undergraduate Program cited above is provided ‘‘International Exchanges/Training,’’ private non-profit organizations meeting select ‘‘Request for Proposals (RFPs).’’ the provisions described in IRS through the FREEDOM Support Act incorporated into the Foreign Relations Please read ‘‘About the Following RFPs’’ regulation 26 CFR 1.501(c)(3)–1 may before downloading. apply to recruit, select, place, monitor, Act of 1992–1993. evaluate, and provide follow-on Programs and projects must conform Please specify USIA Senior Program activities for 150–175 undergraduate with Agency requirements and Manager Mr. Ted Kniker on all inquiries students from Armenia, Azerbaijan,* guidelines outlined in the Solicitation and correspondence. Interested Belarus, Georgia, Kazakstan, Kyrgyzstan, Package. USIA projects and programs applicants should read the complete Moldova, the Russian Federation, are subject to the availability of funds. Federal Register announcement before Tajikistan, Turkmenistan, Ukraine, and ANNOUNCEMENT TITLE AND NUMBER: All sending inquiries or submitting Uzbekistan in the fields of agriculture, communications with USIA concerning proposals. Once the RFP deadline has business, computer science, criminal this announcement should refer to the passed, Agency staff may not discuss justice studies, economics, education, above title and reference number E/ this competition in any way with environmental management, EFL/TEFL, AEE–97–03. applicants until the Bureau proposal review process has been completed. journalism and mass communication, DEADLINE FOR PROPOSALS: All copies library and information science, must be received at the U.S. Information SUBMISSIONS: Applicants must follow all political science, public health, and Agency by 5 p.m. Washington, D.C. time instructions given in the Solicitation sociology. Organizations applying must on Tuesday, November 26, 1996. Faxed Package. The original and nine (9) be able to recruit students via open, documents will not be accepted, nor copies of the application should be sent merit-based competition throughout all will documents postmarked November to: U.S. Information Agency, Ref.: E/ the New Independent States, as listed 26, 1996 but received at a later date. It AEE–97–03, Office of Grants above, and should be able to place the is the responsibility of each applicant to Management, E/XE, Room 326, 301 4th students at diverse institutions of higher ensure that proposals are received by Street, S.W., Washington, D.C. 20547. education in the United States, the above deadline. Applicants must also submit the including public and private ‘‘Executive Summary’’ and ‘‘Proposal Grant and Program Duration universities, colleges, and community Narrative’’ sections of the proposal on a Grant awards are anticipated to begin 3.5′′ diskette, formatted for DOS. This * Please note: Programs with Azerbaijan are on or about January 15, 1997 and material must be provided in ASCII text subject to restrictions of Section 907 of the FREEDOM Support Act: Employees of the terminate on or about August 31, 1998. (DOS) format with a maximum line Government of Azerbaijan or any of its Student programs are based on the length of 65 characters. USIA will instrumentalities are excluded from participation, ‘‘junior year abroad’’ model. It is transmit these files electronically to and no U.S. participant overseas may work for the expected that students will arrive in the USIS posts overseas for their review, Government of Azerbaijan or any of its instrumentalities. In addition, the Government of U.S. in August for pre-academic with the goal of reducing the time it Azerbaijan or any of its instrumentalities will have programs, spend the full 1997–1998 takes to get posts’ comments for the no control in the actual selection of participants. academic year in program, and hold an Agency’s grants review process. 54260 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

DIVERSITY GUIDELINES: Pursuant to the Guidelines budget based upon the specific guidance Bureau’s authorizing legislation, Applicant organizations must in the Solicitation Package. There must programs must maintain a non-political demonstrate the ability to administer all be a summary budget as well as a character and should be balanced and aspects of the Freedom Support Act breakdown reflecting both the representative of the diversity of Undergraduate Program— administrative budget and the program budget. For better understanding or American political, social, and cultural advertisement, recruitment, selection, further clarification, applicants may life. ‘‘Diversity’’ should be interpreted placement, orientation, Fellow provide separate sub-budgets for each in the broadest sense and encompass monitoring and support, financial program component, phase, location, or differences including, but not limited to management, evaluation, follow-on activity in order to facilitate USIA ethnicity, race, gender, religion, activities, and alumni tracking and decisions on funding. Organizations geographic location, socio-economic programming. Applicant organizations whose proposals include an should demonstrate the ability to recruit status, and physical challenges. administrative budget that is less than and select a diverse pool of candidates Applicants are strongly encouraged to 20% of the grant amount requested from from various geographic regions within adhere to the advancement of this USIA will receive preference. Please principle both in program the NIS through an open, merit-based note that indirect rates are considered administration and in program content. competition. The program does remain part of the administrative costs and Please refer to the review criteria under flexible so that recruitment can target should be kept to a minimum or cost- the ‘‘Support for Diversity’’ section for specific institutions deemed by the shared as is possible. Detailed guidance specific suggestions on incorporating USIA and the United States Information on budget preparation is included in the diversity into the total proposal. Service to be of critical importance. POGI Statement. Please refer to the Additionally, the applicant complete Solicitation Package for SUPPLEMENTARY INFORMATION: organization(s) will be asked to assist in complete budget guidelines and the recruitment and selection of diverse Overview formatting instructions. host institutions throughout the U.S. Please note that the ability of an The Freedom Support Act where students may be clustered in organization to document and provide Undergraduate Program provides full groups of 10–20 for their academic cost-sharing will be a major factor in scholarships for one year of non-degree, programs. Placement will remain determining the final grant award(s). undergraduate study in the United flexible so that universities that accept This includes the organizations’ ability States at professionally accredited fewer students, but have low costs, or to leverage costs from universities, institutions in the fields of agriculture, high cost-sharing, can participate in the colleges, community colleges, private program. The successful applicant business, computer science, criminal sector organizations, and other sources. organization(s) will act as the principal justice studies, economics, education, USIA will also look to applicant liaison with the host institutions. environmental management, EFL/TEFL, organizations to propose additional Applicant organizations should ways to keep costs to a minimum. A low journalism and mass communication, demonstrate the ability to work with library and information science, unit cost will also be a decisive factor private sector organizations in the in determining funding. political science, public health, and United States and NIS to facilitate sociology. The purpose of the program Grants awarded to eligible Fellows’ practical training and post- organizations with less than four years is to support the economic and program re-entry. Further details on of experience in conducting democratic development of the New specific program responsibilities and international exchange programs will be Independent States of the former Soviet goals can be found in the Project limited to $60,000. Union by exposing students to key Objectives, Goals, and Implementation transition fields and enhancing their (POGI) Statement which is part of the Review Process education with a practical training formal Solicitation Package available USIA will acknowledge receipt of all component. Students will have a pre- from USIA. proposals and will review them for academic orientation program, full Programs must comply with J–1 visa technical eligibility. Proposals will be academic course load beginning in the regulations. deemed ineligible if they do not fully fall, and as possible, an internship in a adhere to the guidelines stated herein Awards related area in the summer following and in the Solicitation Package. Eligible their academic year. It is expected that USIA anticipates awarding one to two proposals will be forwarded to panels of students will return home to complete grants for this program. Should an USIA officers for advisory review. All degrees at their home institution. applicant organization prefer to work eligible proposals will be reviewed by Students must receive academic credit with other organization’s in the the program office, as well as the USIA for their experience in the U.S. implementation of this program, USIA Office of East European and NIS Affairs prefers that a subcontract arrangement Funding for undergraduate programs and USIS posts overseas, where be developed. USIA will entertain appropriate. Proposals may be reviewed has been steadily declining over the last separately submitted proposals for joint by the Office of the General Counsel or two years. In order to ensure that program management, but the proposals by other Agency elements. Funding students from the NIS have an must demonstrate a value-added decisions are at the discretion of the opportunity to study in the United relationship and must clearly delineate USIA Associate Director for Educational States, USIA’s goal is to keep the responsibilities so as not to duplicate and Cultural Affairs. Final technical number of participants as high as efforts. authority for assistance awards (grants possible and to keep costs as low as Proposed Budget or cooperative agreements) resides with possible. Therefore, USIA encourages the USIA grants officer. proposals that demonstrate innovative The total budget for the Freedom ways to maintain a high quality, high Support Act Undergraduate Program is Review Criteria volume program at the lowest possible $2,800,000. Each applicant organization Technically eligible applications will costs. must submit a comprehensive line item be competitively reviewed according to Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54261 the criteria stated below. These criteria possible. All other items should be Notification are not rank ordered and all carry equal necessary and appropriate. Awards made will be subject to weight in the proposal evaluation: 9. Cost-sharing: Proposals should periodic reporting and evaluation 1. Quality of the Program Idea: maximize cost-sharing through other requirements. Proposals should exhibit originality, private sector support as well as Dated: October 9, 1996. substance, precision, innovation, and institutional direct funding Dell Pendergrast, relevance to Agency mission. contributions. 2. Program Objectives and Planning: Deputy Associate Director for Educational 10. Value to U.S.-Partner Country Objectives should be reasonable, and Cultural Affairs. Relations: Proposed programs should feasible, and flexible. Proposals should [FR Doc. 96–26378 Filed 10–16–96; 8:45 am] receive positive assessments by USIA’s clearly demonstrate how the institution BILLING CODE 8230±01±M geographic area desk and overseas will meet the program’s objectives and officers of program need, potential plan. Detailed agenda and relevant work impact, and significance in the partner plan should demonstrate substantive Summer Institutes for the Study of the country(ies). undertakings and logistical capacity. United States Agenda and plan should adhere to the Notice ACTION: Notice—Request for Proposals program overview and guidelines (RFP). described above. The terms and conditions published 3. Multiplier Effect/Impact: Proposed in this RFP are binding and may not be SUMMARY: The Branch for the Study of programs should strengthen long-term modified by any USIA representative. the U.S. of the United States mutual understanding, including Explanatory information provided by Information Agency’s Bureau of maximum sharing of information and the Agency that contradicts published Educational and Cultural Affairs establishment of long-term institutional language will not be binding. announces an open competition for and individual linkages. Issuance of the RFP does not three (3) assistance awards. Public and 4. Support of Diversity: Proposals constitute an award commitment on the private non-profit organizations meeting should demonstrate the recipient’s part of the Government. The Agency the provisions described in IRS commitment to promoting the reserves the right to reduce, revise, or regulation 26 CFR 1.501(c)(3)–1 may awareness and understanding of increase proposal budgets in accordance apply to develop and implement one of diversity. with the needs of the program and the the following three six-week post- 5. Institution’s Record/Ability: availability of funds. Awards made will graduate level programs designed for Proposals should demonstrate an be subject to periodic reporting and multinational groups of 18 experienced institutional record of successful evaluation requirements. foreign university educators: exchange programs, including Dated: October 9, 1996. 1. Summer Institute on the U.S. Political responsible fiscal management and full Dell Pendergrast, System 1. Summer Institute on the U.S. Economy compliance with all reporting Deputy Associate Director for Educational 1. Summer Institute on U.S. Society requirements for past Agency grants as and Cultural Affairs. determined by USIA’s Office of [FR Doc. 96–26641 Filed 10–16–96; 8:45 am] The Programs are intended to provide Contracts. The Agency will consider the BILLING CODE 8230±01±M participants with a deeper past performance of prior recipients and understanding of American life and the demonstrated potential of new institutions, past and present, in order applicants. Proposed personnel and Exchanges and Training Program With to improve courses and teaching about institutional resources should be Russia, Ukraine and Uzbekistan the U.S. abroad. Participants will have adequate and appropriate to achieve the had few prior opportunities to formally program or project’s goals. ACTION: Amendment—Request for study or visit the U.S., and most will be 6. Follow-on Activities: Proposals Proposals. coming from institutions that are just should provide a plan for continued beginning to introduce the study of the follow-on activity (without USIA This is an amendment to the request U.S. into the curriculum. Tentative support) which insures that USIA for proposals (RFP) published on program dates are June 28 to August 8, supported programs are not isolated October 10, 1996, concerning exchange 1997. events. and training programs for Russia, USIA is seeking detailed proposals 7. Project Evaluation: Proposals Ukraine and Uzbekistan from colleges, universities, consortia of should include a plan to evaluate the (Announcement Number E/PN–97–10). colleges and universities, and other not- activity’s success, both as the activities The second sentence under REVIEW for-profit academic organizations that unfold and at the end of the program. CRITERIA, 3. Cost Effectiveness, reads have an established reputation in the USIA recommends that the proposal ‘‘While this announcement does not institute subject field, and that can include a draft survey questionnaire or proscribe a rigid ratio of administrative demonstrate expertise in conducting other technique plus description of a to program costs, in general, priority post-graduate programs for foreign methodology to use to link outcomes to will be given to proposals whose educators. Applicant institutions must original project objectives. Award- administrative costs are less than have a minimum of four years receiving organizations/institutions will twenty-five (25) per cent of the total experience in conducting international be expected to submit intermediate requested from USIA.’’ That sentence exchange programs. The project director reports after each project component is should read as follows: ‘‘While this or one of the key program staff concluded or quarterly, whichever is announcement does not proscribe a responsible for the academic program less frequent. rigid ratio of administrative to program must have an advanced degree in a 8. Cost-effectiveness: The overhead costs, in general, priority will be given discipline directly related to the subject and administrative components of the to proposals whose administrative costs field of the institute. Staff escorts proposal, including salaries and are less than twenty-five (25) per cent of traveling under the USIA cooperative honoraria, should be kept as low as the total requested from USIA.’’ agreement support must be U.S. citizens 54262 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices with demonstrated qualifications for should read the complete Federal the quality of courses and teaching this service. Register announcement before about the U.S. abroad. Overall grant making authority for addressing inquiries to the office listed The institute should be designed as an this program is contained in the Mutual above or submitting their proposals. intensive, academically stimulating Educational and Cultural Exchange Act Once the RFP deadline has passed, program that presents a of 1961, Public Law 87–256, as USIA staff may not discuss this multidimensional view of the United amended, also known as the Fulbright- competition in any way with applicants States through an integrated series of Hays Act. The purpose of the Act is ‘‘to until after the Bureau proposal review lectures, readings, discussions, research enable the Government of the United process has been completed. and independent study opportunities, States to increase mutual understanding TO DOWNLOAD A SOLICITATION PACKAGE faculty mentoring, and site visits. between the people of the United States VIA INTERNET: The entire Solicitation Programs should be six weeks in and the people of other countries . . .; Package may be downloaded from length, including a residency segment at to strengthen the ties which unite us USIA’s website at http://www.usia.gov/ a U.S. college or university campus of with other nations by demonstrating the or from the Internet Gopher at gopher:/ at least four weeks in length, and a educational and cultural interests, /gopher.usia.gov. Under the heading study tour segment of up to two weeks developments, and achievements of the ‘‘International Exchanges/Training,’’ in length, including visits to one or people of the United States and other select ‘‘Request for Proposals (RFPs).’’ more regions of the U.S. nations . . . and thus to assist in the Please read ‘‘About the following Program Description development of friendly, sympathetic RFPs’’ before downloading. and peaceful relations between the Program 1—Summer Institute on the SUBMISSIONS: Applicants must follow all U.S. Political System (E/AAS–97–03) United States and the other countries of instructions given in the Solicitation the world.’’ Package. The original and 13 copies of The purpose of this Institute is to introduce participants to the American Programs and projects must conform the complete application should be sent political system through an examination with Agency requirements and to: U.S. Information Agency, Ref.: (insert of the history of American political guidelines outlined in the Solicitation appropriate reference number from thought, the American Constitutional Package. USIA projects and programs above, e.g., E/AAS–97–xx), Office of structure, and the principal institutions are subject to the availability of funds. Grants Management, E/XE, Room 326, and processes of American government ANNOUNCEMENT NAME AND REFERENCE 301 4th Street, S.W., Washington, D.C. at all levels. NUMBER: All communications with USIA 20547. concerning this announcement should Applicants should also submit the Program 2—Summer Institute on the refer to the following titles and ‘‘Executive Summary’’ and ‘‘Proposal U.S. Economy (E/AAS–97–04) reference numbers: Narrative’’ sections of the proposal on a This Institute is intended for foreign 1. Summer Institute on the U.S. Political 3.5′′ diskette, formatted for DOS. This economists who are teaching at System (E/AAS–97–03) material must be provided in ASCII text universities in countries undergoing 2. Summer Institute on the U.S. Economy (DOS) format with a maximum line rapid economic change. Its purpose is to (E/AAS–97–04) length of 65 characters. acquaint participants with the basic 3. Summer Institute on U.S. Society (E/ DIVERSITY GUIDELINES: Pursuant to the structure, organization and institutions AAS–97–05) Bureau’s authorizing legislation, of the U.S. economy and how that DEADLINE FOR PROPOSALS: All copies programs must maintain a non-political economy functions within the context of must be received at the U.S. Information character, and should be balanced and a democratic political order and a Agency by 5:00 p.m. Washington D.C. representative of the diversity and broad pluralistic society. time on Friday, December 20, 1996. range of responsible views present in Program 3—Summer Institute on U.S. Faxed documents will not be accepted, American political, social, and cultural Society (E/AAS 97–05) nor will documents postmarked life. ‘‘Diversity’’ should be interpreted in the broadest sense and encompass This Institute seeks to provide visiting December 20, 1996 but received at a scholars with an opportunity to deepen later date. It is the responsibility of each differences including, but not limited to ethnicity, race, gender, religion, their knowledge of U.S. society and applicant to ensure that proposal culture through an in-depth submissions arrive by the deadline. geographic location, socio-economic status, and physical challenges. examination of some of the major issues FOR FURTHER INFORMATION CONTACT: Applicants are strongly encouraged to and debates in contemporary American To request a Solicitation Package adhere to the advancement of this society. Such an Institute will containing more detailed award criteria, principle both in program necessarily be multi-disciplinary in its required application forms, and administration and in program content. approach, illuminating and integrating standard guidelines for preparing Please refer to the review criteria under the historical, political, and economic, proposals (including specific as well as the social, dimensions of the the ‘‘Support for Diversity’’ section for information on budget preparation), issues in question. specific suggestions on incorporating applicants should contact: U.S. Program Dates: Tentative program diversity into the total proposal. Information Agency, Office of Academic dates are June 28 to August 8, 1997. Programs, Branch for the Study of the SUPPLEMENTARY INFORMATION: Based on these dates, participants United States, E/AAS—Room 252, 301 would be booked to arrive in the U.S. Overview and Objectives 4th Street, S.W., Washington, D.C. on or about June 27, and depart on 20547, Attention: William Bate, The Summer Institutes for the Study August 9, 1997. USIA is willing to Telephone number: (202) 619–4557, Fax of the United States are intended to consider adjustment of these program number: (202) 619–6790, Internet provide foreign university faculty with dates, based on the needs of the host address: [email protected]. opportunities to deepen their institution. However, the institute must Please specify USIA Officer William understanding of the United States—its be 42 program days in length, and Bate on all inquiries and society, institutions, culture and values, should take place sometime between correspondence. Interested applicants past and present—in order to improve June 21 and August 30, 1997. Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54263

Participants Please refer to the ‘‘POGI’’ in the within the organization and its The program should be designed for Solicitation Package for complete activities. Program activities that a total of 18 highly-motivated and budget guidelines and formatting address this issue should be experienced foreign university faculty instructions for the institute program. highlighted. 5. Experience: The proposal should who are seeking ways to include aspects Review Process demonstrate an institutional record of of American civilization in their USIA will acknowledge receipt of all successful exchange program activity, teaching and professional work, but proposals and will review them for indicating the experience that the who will have had relatively few technical eligibility. Proposals will be organization and its professional staff opportunities to pursue formal study of deemed ineligible if they do not fully have had in working with foreign the United States. Many will come from adhere to the guidelines stated herein educators. countries where access to information, and in the Solicitation Package. Eligible 6. Evaluation and Follow-up: The books or courses on the U.S. is relatively proposals will be forwarded to panels of proposal should include a plan for limited. In most cases, participants will USIA officers for advisory review. All evaluating activities during the Institute not have had any significant U.S. travel eligible proposals will be reviewed by and at its conclusion. Proposals should or study experience. They will be drawn the program office, a well as the USIA comment on provisions made for from all regions of the world and will Geographic Area Offices. Proposals may follow-up with returned grantees as a be fluent in English. be reviewed by the Office of the General means of establishing longer-term Participants will be nominated by Counsel or by other Agency elements. individual and institutional linkages. U.S. Information Service posts abroad, Funding decisions are at the discretion 7. Administration and Management: and selected by the staff of USIA’s of the USIA Associate Director for The proposals should indicate evidence Branch of the Study of the United States Educational and Cultural Affairs. Final of continuous on-site administrative and in Washington, D.C. USIA will cover all technical authority for assistance managerial capacity as well as the international travel costs directly. awards (grants or cooperative means by which program activities will Guidelines agreements) resides with the USIA be implemented. grants officer. 8. Cost Effectiveness: The proposals The conception, structure and content should maximize cost-sharing through of the institute program is entirely the Review Criteria direct institutional contributions, in- responsibility of the organizers. Technically eligible applications will kind support, and other private sector However, given the multiple be competitively reviewed according to support. Overhead and administrative possibilities for the successful design of the criteria stated below. These criteria components of the proposal, including such a program, organizers are expected are not rank ordered, and all carry equal salaries and honoraria, should be kept to submit proposals that articulate in weight in the proposal evaluation: as low as possible. concrete detail how they intend to 1. Overall Quality: Proposals should Notice organize and implement the institute. exhibit originality and substance, Please refer to the Solicitation consonant with the highest standards of The terms and conditions published Package for further details on program American teaching and scholarship. in this RFP are binding and may not be design and implementation, as well as Program design should reflect the main modified by any USIA representative. additional information on all other currents as well as the debates within Explanatory information provided by requirements. the subject disciplines of each institute. the Agency that contradicts published language will not be binding. Issuance Proposed Budget 2. Program Planning: Proposals should demonstrate careful planning. of the RFP does not constitute an award Unless special circumstances warrant, The organization and structure of the commitment on the part of the based on a group of 18 participants, the Institute should be clearly delineated Government. The Agency reserves the total USIA-funded budget (program and and be fully responsive to all program right to reduce, revise, or increase administrative) should not exceed objectives. The travel component should proposal budgets in accordance with the $162,000, and USIA-funded be an integral and substantive part of needs of the program and the administrative costs as defined in the the program, reinforcing and availability of funds. Awards made will budget details section of the solicitation complementing its academic segment. be subject to periodic reporting and package should not exceed $48,500. 3. Institutional Capacity: Proposed evaluation requirements. Justifications for any costs above these personnel, including faculty and Notification amounts must be clearly indicated in administrative staff as well as outside the proposal submission. Any grants presenters, should be fully qualified to Final awards cannot be made until awarded to eligible organizations with achieve the project’s goals. Library and funds have been appropriated by less than four years of experience in media resources should be accessible to Congress, and allocated and committed conducting international exchange participants; housing, transportation through internal USIA procedures. programs will be limited to $60,000. and other logistical arrangements Dated: October 10, 1996. Applicant proposals should try to should be fully adequate to the needs of John P. Loiello, maximize cost-sharing in all facets of participants and should be conducive to Associate Director for Educational and the program and to stimulate U.S. a collegial atmosphere. Cultural Affairs. private sector, including foundation and 4. Diversity: Proposals should [FR Doc. 96–26642 Filed 10–16–96; 8:45 am] corporate, support. Applicants must demonstrate the recipient’s commitment BILLING CODE 8230±01±M submit a comprehensive budget for the to promoting the awareness and entire program. understanding of diversity throughout The Agency reserves the right to the program. This can be accomplished Summer Institute on the History of the reduce, revise, or increase proposal through documentation, such as a United States: Religion in America budgets in accordance with the needs of written statement, summarizing past ACTION: Notice—Request for Proposals the program, and availability of U.S. and/or on-going activities and efforts (RFP). government funding. that further the principle of diversity 54264 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

SUMMARY: The U.S. Information Package. USIA projects and programs (DOS) format with a maximum line Agency’s Branch for the Study of the are subject to the availability of funds. strength of 65 characters. United States announces an open ANNOUNCEMENT NAME AND NUMBER: All DIVERSITY GUIDELINES: Pursuant to the competition for an assistance award communications with USIA concerning Bureau’s authorizing legislation, program entitled: ‘‘Summer Institute on this announcement should refer to the programs must maintain a non-political the History of the United States: above title and reference number E/ character, and should be balanced and Religion in America.’’ Public and AAS—97–02. representative of the diversity and broad private non-profit organizations meeting DEADLINE FOR PROPOSALS: All copies range of responsible views present in the provisions described in IRS must be received at the U.S. Information American political, social, and cultural regulation 26 CFR 1.501(c)(3)–1 may Agency by 5:00 p.m. Washington D.C. life. ‘‘Diversity’’ should be interpreted apply to develop and implement a six- time on Friday, December 20, 1996. in the broadest sense and encompass week post-graduate level program Faxed documents will not be accepted, differences including, but not limited to designed for a multinational group of 18 nor will documents postmarked ethnicity, race, gender, religion, experienced foreign university December 20, 1996 but received at a geographic location, socio-economic educators. The program is intended to later date. It is the responsibility of each status, and physical challenges. provide participants with a deeper applicant to ensure that proposal Applicants are strongly encouraged to understanding of U.S. history with submissions arrive by the deadline. adhere to the advancement of this special reference to the role that religion FOR FURTHER INFORMATION CONTACT: To principle both in program and religious institutions have played in request a Solicitation Package administration and in program content. the development of American containing more detailed award criteria, Please refer to the review criteria under civilization. Tentative program dates are required application forms, and the ‘‘Support for Diversity’’ section for June 28 to August 8, 1997. standard guidelines for preparing specific suggestions on incorporating USIA is seeking detailed proposals proposals (including specific diversity into the total proposal. from colleges, universities, consortia of information on budget preparation), SUPPLEMENTARY INFORMATION: colleges and universities, and other not- applicants should contact: U.S. for-profit academic organizations that Information Agency, Office of Academic Overview and Objectives have an established reputation in U.S. Programs, Branch of the Study of the ‘‘The Summer Institute on the History history, comparative religion, and/or United States, E/AAS—Room 252, 301 of the United States: Religion in American studies and related 4th Street, S.W., Washington, D.C. America’’ is intended to provide foreign subdisciplines, and that can 20547, Attention: Richard Taylor, university teachers with an opportunity demonstrate expertise in conducting Telephone number: (202) 619–4557, Fax to increase their understanding of U.S. post-graduate programs for foreign number: (202) 619–6790, Internet civilization through an in-depth educators. Applicant institutions must address: [email protected]. examination of the role that religion and have a minimum of four years Please specify USIA Program Officer religious institutions have played experience in conducting international Richard Taylor on all inquiries and throughout American history. The exchange programs. The project director correspondence. Interested applicants program should focus on the impact of or one of the key program staff should read the complete Federal religious thought and practice on the responsible for the academic program Register announcement before development of U.S. society and must have an advanced degree in addressing inquiries to the office listed institutions, and in turn the impact that history, religion, American studies, or a above or submitting their proposals. those institutions—political, social, and related discipline. Staff escorts traveling Once the RFP deadline has passed, economic—have had on the under the USIA cooperative agreement USIA staff may not discuss this development and status of religion in support must be U.S. citizens with competition in any way with applicants the U.S. The program’s ultimate purpose demonstrated qualifications for this until after the Bureau proposal review is to improve the quality of teaching and service. process has been completed. curricula about the United States at Overall grant making authority for TO DOWNLOAD A SOLICITATION PACKAGE universities abroad. this program is contained in the Mutual VIA INTERNET: The entire Solicitation The Institute should be designed as an Educational and Cultural Exchange Act Package may be downloaded from intensive, academically stimulating of 1961, Public Law 87–256, as USIA’s website at http://www.usia.gov/ program that presents a multi- amended, also known as the Fulbright- or from the Internet Gopher at gopher:/ dimensional view of the United States Hays Act. The purpose of the Act is ‘‘to /gopher.usia.gov. Under the heading through an integrated series of lectures, enable the Government of the United ‘‘International Exchange/Training,’’ readings, interactive discussions, States to increase mutual understanding select ‘‘Request for Proposals (RFPs).’’ research and independent study between the people of the United States Please read ‘‘About the following opportunities, faculty mentoring and and the people of other countries * * *; RFPs’’ before downloading. site visits. to strengthen the ties which unite us SUBMISSIONS: Applicants must follow all The program should be six weeks in with other nations by demonstrating the instructions given in the Solicitation length, including an academic residency educational and cultural interests, Package. The original and 13 copies of segment (at least four weeks in length) developments, and achievements of the the complete application should be sent at a U.S. college or university campus, people of the United States and other to: U.S. Information Agency, Ref.: E/ and an integrated study tour segment nations * * * and thus to assist in the AAS–97–02, Office of Grants (not to exceed two weeks in length) development of friendly, sympathetic Management, E/XE, Room 326, 301 4th which complements the academic and peaceful relations between the Street, S.W., Washington, D.C. 20547. program and includes visits to one or United States and the other countries of Applicants should also submit the two additional regions of the U.S. the world.’’ ‘‘Executive Summary’’ and ‘‘Proposal Programs and projects must conform Narrative’’ sections of the proposal on a Program Dates with Agency requirements and 3.5′′ diskette, formatted for DOS. This Tentative program dates are June 28 to guidelines outlined in the Solicitation material must be provided in ASCII text August 8, 1997. Based on these dates, Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54265 participants would be booked to arrive the proposal submission. Any grants 3. Institutional capacity: Proposed in the U.S. on or about June 27, and awarded to eligible organizations with personnel, including faculty and depart on August 9, 1997. USIA is less than four years of experience in administrative staff as well as outside willing to consider adjustment of these conducting international exchange presenters, should be fully qualified to programs dates, based on the needs of programs will be limited to $60,000. achieve the project’s goals. Library and the host institution. However, the Applicant proposals should try to media resources should be accessible to institute must be 42 program days in maximize cost-sharing in all facets of participants; housing, transportation length, and should take place sometime the program and to stimulate U.S. and other logistical arrangements between June 21 and August 30, 1997. private sector, including foundation and should be fully adequate to the needs of Participants corporate, support. Applicants must participants and should be conducive to submit a comprehensive budget for the a collegial atmosphere. The program should be designed for entire program. 4. Diversity: Proposals should a total of 18 highly-motivated and The Agency reserves the right to demonstrate the recipient’s commitment experienced foreign university faculty reduce, revise, or increase proposal to promoting the awareness and who are interested in using U.S. history, budgets in accordance with the needs of understanding of diversity throughout and an examination of American the program, and availability of U.S. the program. This can be accomplished religion in particular, as a means to government funding. through documentation, such as a improve teaching and increase Please refer to the ‘‘POGI’’ in the written statement, summarizing past understanding of the United States at Solicitation Package for complete and/or on-going activities and efforts their home institutions. Participants can budget guidelines and formatting that further the principle of diversity be expected to come from educational instructions for the institute program. within the organization and its institutions where the study of the U.S. activities. Program activities that is relatively well-developed. Thus, Review Process address this issue should be while they will not be expected to have USIA will acknowledge receipt of all highlighted. in-depth knowledge of the American proposals and will review them for 5. Experience: The proposal should religious experience, most will have had technical eligibility. Proposals will be demonstrate an institutional record of substantial experience in teaching about deemed ineligible if they do not fully successful exchange program activity, the United States. Many will have had adhere to the guidelines stated herein indicating the experience that the sustained professional contact with and in the Solicitation Package. Eligible organization and its professional staff American scholars and American proposals will be forwarded to panels of have had in working with foreign scholarship; some may have had USIA officers for advisory review. All educators. substantial prior experience studying in eligible proposals will be reviewed by 6. Evaluation and Follow-up: The the U.S. Participants will be drawn from the program office, as well as the USIA proposal should include a plan for all regions of the world and will be Geographic Area Offices. Proposals may evaluating activities during the Institute fluent in English. be reviewed by the Office of the General and at its conclusion. Proposals should Participants will be nominated by Counsel or by other Agency elements. comment on provisions made for U.S. Information Service posts abroad, Funding decisions are at the discretion follow-up with returned grantees as a and selected by the staff of USIA’s of the USIA Associate Director for means of establishing longer-term Branch of the Study of the United States Educational and Cultural Affairs. Final individual and institutional linkages. in Washington, D.C. USIA will cover all technical authority for assistance 7. Administration and Management: international travel costs directly. awards (grants or cooperative The proposals should indicate evidence Guidelines agreements) resides with the USIA of continuous on-site administrative and The conception, structure and content grants officer. managerial capacity as well as the of the institute program is entirely the Review Criteria means by which program activities will responsibility of the organizers. be implemented. However, given the multiple Technically eligible applications will 8. Cost Effectiveness: The proposals possibilities for the successful design of be competitively reviewed according to should maximize costsharing through such a program, organizers are expected the criteria stated below. These criteria direct institutional contributions, in- to submit proposals that articulate in are not rank ordered, and all carry equal kind support, and other private sector concrete detail how they intend to weight in the proposal evaluation: support. Overhead and administrative organize and implement the institute. 1. Overall quality: Proposals should components of the proposal, including Please refer to the Solicitation exhibit originality and substance, salaries and honoraria, should be kept Package for further details on program consonant with the highest standards of as low as possible. American teaching and scholarship. design and implementation, as well as Notice additional information on all other Program design should reflect the main requirements. currents as well as the debates within The terms and conditions published the larger discipline of American in this RFP are binding and may not be Proposed Budget history, with attention given to the modified by any USIA representative. Unless special circumstances warrant, theme of American religious history. Explanatory information provided by based on a group of 18 participants, the 2. Program planning: Proposals the Agency that contradicts published total USIA-funded budget (program and should demonstrate careful planning. language will not be binding. Issuance administrative) should not exceed The organization and structure of the of the RFP does not constitute an award $162,000, and USIA-funded institute should be clearly delineated commitment on the part of the administrative costs as defined in the and be fully responsive to all program Government. The Agency reserves the budget details section of the solicitation objectives. The travel component should right to reduce, revise, or increase package should not exceed $48,500. be an integral and substantive part of proposal budgets in accordance with the Justification for any costs above these the program, reinforcing and needs of the program and the amounts must be clearly indicated in complementing its academic segment. availability of funds. Awards made will 54266 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices be subject to periodic reporting and evaluation requirements. Notification Final awards cannot be made until funds have been appropriated by Congress, and allocated and committed through internal USIA procedures. Dated: October 9, 1996. Dell Pendergrast, Deputy Associate Director for Educational and Cultural Affairs. [FR Doc. 96–26640 Filed 10–16–96; 8:45 am] BILLING CODE 8230±01±M 54267

Corrections Federal Register Vol. 61, No. 202

Thursday, October 17, 1996

This section of the FEDERAL REGISTER second column, at the bottom of the April 1, 1996, make the following contains editorial corrections of previously page, the Docket number should read as corrections: published Presidential, Rule, Proposed Rule, set forth above. and Notice documents. These corrections are § 200.1302 [Correctly Added] prepared by the Office of the Federal BILLING CODE 1505±01±D Register. Agency prepared corrections are On page 14404, in the third column, issued as signed documents and appear in amendatory instruction 7 inadvertently the appropriate document categories DEPARTMENT OF HOUSING AND revised § 200.1301. Amendatory elsewhere in the issue. URBAN DEVELOPMENT instruction 7 and the heading for § 200.1301 should read as follows: 24 CFR Part 200 7. In subpart W, a new § 200.1302 is DEPARTMENT OF ENERGY [Docket No. FR-3966-F-01] added to read as follows: RIN 2502-AG58 Federal Energy Regulatory § 200.1302 Additional Expiring ProgramsÐ Commission Office of the Assistant Secretary for Savings Clause. [Docket No. RP96-200-010] HousingÐFederal Housing * * * * * Commissioner; Streamlining of the BILLING CODE 1505±01±D NorAm Gas Transmission Company; FHA Single Family Housing, and Notice of Proposed Changes in FERC Multifamily Housing and Health Care Gas Tariff Facility Mortgage Insurance Programs Regulations Correction In notice document 96–26003 Correction appearing on page 53215 in the issue of In rule document 96–7488 beginning Thursday, October 10, 1996, in the on page 14396 in the issue of Monday, federal register October 17,1996 Thursday Simplification; FinalRules Reporting; andProgramRules Reservations ProvisionMonthly Treatment; 1994ImprovementsAct Educational andTrainingAssistance Provisions; ChildSupportDeduction; Hunger ReliefActCertification Food StampProgram:LelandChildhood 7 CFRParts271,etal. Food andConsumerService Agriculture Department of Part II 54269 54270 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations

DEPARTMENT OF AGRICULTURE Assistance Programs under No. 10.551. eligiblity of food stamp households is For the reasons set forth in the final rule approved under OMB No. 0584–0064. Food and Consumer Service and related notices of 7 CFR Part 3015, This rule affects the determination of Subpart V (48 FR 29115), this Program eligibility and benefit levels only; it 7 CFR Parts 271, 272 and 273 is excluded from the scope of Executive does not affect the current information [Amendment No. 375] Order 12372, which requires collection requirements for making such intergovernmental consultation with RIN 0584±AB76 determination. State and local officials. Regulatory Impact Analysis Food Stamp Program: Certification Executive Order 12778 Provisions of the Mickey Leland This final rule has been reviewed Need for Action Childhood Hunger Relief Act under Executive Order 12778, Civil This action is required as a result of AGENCY: Food and Consumer Service, Justice Reform. This rule is intended to Title XIII, Chapter 3, Omnibus Budget USDA. have preemptive effect with respect to Reconciliation Act of 1993, Pub. L. 103– ACTION: Final rule. any State or local laws, regulations or 66, the Mickey Leland Childhood policies which conflict with its Hunger Relief Act (Leland Act), SUMMARY: This rule amends Food Stamp provisions or which would otherwise amendments to the Food Stamp Act of Program regulations to implement nine impede its full implementation. This 1977, as amended, 7 U.S.C. 2011–2032. provisions of the Mickey Leland final rule is not intended to have The Leland Act amendments: (1) Childhood Hunger Relief Act, finalizing retroactive effect unless so specified in simplify the household definition; (2) a proposed rule published in the the EFFECTIVE DATES paragraph of this establish eligibility for children who Federal Register on August 30, 1994. preamble. Prior to any judicial challenge live with their food stamp eligible This rule will: (1) simplify the to the provisions of this rule or the parents in a drug or alcohol application of its provisions, all household definition; (2) establish rehabilitation center; (3) exclude from applicable administrative procedures eligibility for children who live with resources the value of vehicles used to must be exhausted. In the Food Stamp their food stamp eligible parents in a transport fuel or water; (4) increase the Program, the administrative procedures drug or alcohol rehabilitation center; (3) fair market value exclusion of vehicles exclude from resources the value of are as follows: (1) for Program benefit for determining a household’s resource vehicles used to transport fuel or water; recipients—State administrative limit; (5) exclude certain General (4) increase the fair market value procedures issued to 7 U.S.C. Assistance vendor payments; (6) exclusion of vehicles for determining a 2020(e)(10) and 7 CFR 273.15; (2) for exclude the earnings of elementary and household’s resource limit; (5) exclude State agencies—administrative secondary school students under age 22 certain General Assistance (GA) vendor procedures issued pursuant to 7 U.S.C. who live with their parents; (7) increase payments; (6) exclude the earnings of 2023 set out at 7 CFR 276.7 (for rules the maximum amount of the dependent elementary and secondary students related to non-quality control (QC) care deduction; (8) eliminate the current under age 22 who live with their liabilities) or part 283 (for rules related federally-imposed limit and require parents; (7) increase the maximum to QC liabilities); (3) for Program amount of the dependent care retailers and wholesalers— State agencies to establish a Statewide deduction; (8) eliminate the current administrative procedures issued limit on the dependent care federally-imposed limit and (9) require pursuant to 7 U.S.C. 2023 set out at 7 reimbursement paid to participants in State agencies to establish a Statewide CFR 278.8. the Food Stamp Employment and Training Program; and (9) require limit on the dependent care Regulatory Flexibility Act reimbursement paid to participants in proration of benefits only in the initial the Food Stamp Employment and The Department has also reviewed month of certification. this final rule in relation to the Training Program (E&T); and require Benefits proration of food stamp benefits only requirements of the Regulatory after a break of more than one month in Flexibility Act of 1980 (Pub. L. 96–354, This action will increase the number certification. 94 Stat. 1164, September 19, 1980). of potentially eligible food stamp Ellen Haas, Under Secretary for Food, DATES: This rule is effective December recipients and will increase the benefit Nutrition, and Consumer Services, has 16, 1996. level of certain households that are certified that this rule does not have a affected by these provisions. FOR FURTHER INFORMATION CONTACT: significant economic impact on a Margaret Werts Batko, Assistant Chief, substantial number of small entities. Costs Certification Policy Branch, Program The rule will affect food stamp It is estimated that this action will Development Division, Food and applicants and recipients and the State increase the cost of the Food Stamp Consumer Service, 3101 Park Center and local agencies that administer the Program by approximately $7 million in Drive, Alexandria, VA 22302 or by Program. Eligibility criteria will be Fiscal Year 1994; $107 million in Fiscal telephone at (703) 305–2520. simplified and some currently Year 1995; $132 million in Fiscal Year participating households will realize an SUPPLEMENTARY INFORMATION: 1996; $187 million in Fiscal Year 1997; increase in Program benefits. Executive Order 12866 and $207 million in Fiscal Year 1998. Paperwork Reduction Act This final rule has been determined to Background be economically significant and was This final rule does not contain reviewed by the Office of Management reporting or recordkeeping requirements On August 30, 1994, the Department and Budget (OMB) under Executive subject to approval by the Office of published a proposed rule at 59 FR Order 12866. Management and Budget under the 44866 to implement amendments to the Paperwork Reduction Act of 1995 (Pub. Food Stamp Act of 1977, as amended, Executive Order 12372 L. 104–13). The information collection 7 U.S.C. 2011–2032, (Food Stamp Act) The Food Stamp Program is listed in requirements associated with made by the Mickey Leland Childhood the Catalog of Federal Domestic application, certification and ongoing Hunger Relief Act. Title XIII, Chapter 3, Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54271

Omnibus Budget Reconciliation Act of separate household from that adult the proposed rule’s household 1993, Pub. L. 103–66, (Leland Act). when the child is married and living definition. Under that proposal, an Comments were solicited on the with his or her spouse or living with his elderly and disabled person would be provisions of the proposed rulemaking or her own child. To provide the same combined into one household with his through October 31, 1994. The treatment for a child living with a non- or her spouse, his or her natural, Department received 26 comment letters parent adult that is provided for a child adopted or stepchildren under age 22, from State and local welfare agencies living with a natural, adoptive, or and those children under 18 over whom and public interest groups. All stepparent, the Department proposed the elderly and disabled individual comments received were reviewed and changing the definition of parental exercised parental control. This makes considered, and those which raised control to specify that children who live the provision needlessly complex. This relevant issues or questions are with their own children or who are special rule for elderly and disabled addressed below by subject. Comments married and live with their spouses are people was created to discourage these which were unclear or not pertinent to not considered to be under parental individuals from being institutionalized, this rulemaking are not addressed in control for purposes of the section. and to encourage people to take care of this preamble. For a full understanding Several commenters, including State them by allowing them to be separate of the provisions of this final rule, the welfare agencies and public interest food stamp households. To continue to reader should refer to the preamble of groups, strongly supported the proposal subject this exception to the other the proposed rule. because it simplifies the household household provisions regarding By the time this rule is published, determination by making the purchase children is also a departure from the subsequent legislation will have and preparation of food the basis for legislation, which only requires that the modified some of its provisions. The membership in a household with only a elderly and disabled individual be Department will be amending these few simple exceptions. included in the same food stamp regulations to reflect those legislative The Department also proposed two household as his or her spouse. For changes. conforming amendments to implement these reasons, the Department is Simplifying the Household Definition section 13931 of the Leland Act. As amending 7 CFR 273.1(a)(2)(ii) to follow for Households With Children and described in greater detail above, the the statutory language more directly. Others Leland Act preserved the separate One commenter asked whether there household status permitted for elderly was a minimum age for children who Section 13931 of the Leland Act individuals who are so disabled that can, by default, have their own amended section 3(i) of the Food Stamp they cannot purchase and prepare food household under this elderly and Act to simplify the household definition for themselves. The Department disabled exception. Section 5(i) of the provisions and to support families that proposed amending the provision that Food Stamp Act, as amended by the live together to share housing expenses implements this exception, 7 CFR Leland Act, provides that but maintain individual households. 273.1(a)(2)(ii), to update its references to ‘‘[n]otwithstanding the preceding With certain enumerated exceptions, the the new portions of 7 CFR 273.1(a)(2)(i) sentences, [the household definition simplified household definition allows regarding spouses and children. The provision] an individual who lives with persons who live together and purchase Department proposed a second others, who is sixty years of age or food and prepare meals separately to conforming amendment to remove the older, and who is unable to purchase participate in the Program as separate requirement of 7 CFR 273.10(f)(2) that food and prepare meals because such food stamp households. Those mandates certification periods of up to individual suffers * * * from a presumed to be groups of individuals six months for households meeting the disability * * * shall be considered, who customarily purchase and prepare parent/child or sibling provisions of 7 together with any of the others who is meals together even if they do not do so CFR 273.1(a)(2)(i) (C) and (D) because the spouse of such individual, an are: (1) spouses who live together; (2) the Leland Act amended the parent/ individual household, without regard to parents and their children 21 years of child provisions and removed the the purchase of food and preparation of age or younger (who are not themselves sibling provisions. meals if the income * * * of the others, parents living with their children or No adverse comments were received excluding the spouse, does not exceed married and living with their spouses); on the amendment removing the six- the poverty line * * * by more than 65 and (3) children (excluding foster month certification requirement for per centum.’’ This statutory language children) under 18 years of age who live households consisting of an individual requires that the elderly and disabled with and are under the parental control and his/her minor children living with individual be combined with his or her of a person other than their parent the individual’s parent or sibling, and so spouse, but does not address children together with the person exercising it will not be changed in this final that may also be in the household. It parental control. The Leland Act left rulemaking. The other proposed would be rare for an elderly person who intact the separate household status of conforming amendment is discussed is so disabled that he or she cannot individuals (and their spouses) who live below. purchase and prepare food to be living with others, are 60 years of age or older, Two State welfare agencies requested alone in a household with a minor and are unable to purchase food and clarification on how section 13931 of child. Because this circumstance is not prepare meals due to a disability or the Leland Act and the Department’s very likely to occur and the Food Stamp disabling infirmity, as long as the other proposed rule changed 7 CFR Act does not address children, the household members’ income (excluding 273.1(a)(2)(ii), which allows individuals Department has decided not to set an that of the spouse) does not exceed who are elderly and so disabled that arbitrary minimum age, and instead will 165% of the poverty line. they cannot purchase and prepare food follow the language of the Food Stamp The Department proposed to amend 7 for themselves to be separate Act. CFR 273.1(a) to mirror section 13931 of households (in certain circumstances) With respect to the proposal as a the Leland Act with one addition. The from the others with whom they live. In whole, one commenter thought it was Leland provision did not address the proposed rule, the Department confusing that the household definition whether a child under 18 who is living updated the references in the elderly establishes different ages (18 and 21) with a non-parent adult can be a and disabled provision to correspond to depending on the child’s relationship 54272 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations with the people with whom the child being considered boarders in their of the parent/child and spousal lives. Because these ages were parents’ homes, and children 18 and exceptions to children under 18 living statutorily mandated, the Department over living with non-parent adults are with non-parent adults because it was does not have the authority to change not prohibited from being considered not statutorily mandated, and so not them. Several commenters requested boarders in the adult’s home. included in the implementing that the Department continue to grant The Department received many instructions provided by the separate household status to minor comments on its proposal to amend the Department. The Department recognizes children who live with an elderly or definition of parental control. The that implementing new provisions disabled parent or sibling. However, current definition is contained in Food places an administrative burden on section 13931 of the Leland Act Stamp Program Policy Memo 3–93–6, State welfare agencies, especially those amended the household definition, dated March 26, 1993, which states that with separate rulemaking procedures. eliminating the sibling provision in children under parental control for food Therefore, the Department is making favor of a more simplified definition. stamp eligibility purposes are ‘‘minors one exception to the September 1, 1994, The Department cannot override the who are dependents—financial or implementation date for the provisions Leland Act by restoring this provision. otherwise—of the household as opposed of this rule. State agencies must One commenter asked whether an to independent units.’’ The proposed implement the provision allowing individual can have a separate food rule retained the ‘‘dependents or separate household status to children stamp household the month he or she otherwise’’ clause of the old definition, under 18 who are living with their turns 22 (or 18 if the individual lives and added that ‘‘[c]hildren who are spouse or children in the home of a non- under the parental control of a non- living with their children or who are parent adult no later than 90 days after parent), or the month after. The married and living with their spouse are publication of this rule. household composition analysis is not considered to be independent units and Several commenters requested analogous to other age-driven provisions not under parental control.’’ The guidance on what constitutes parental because it is also based on whether the Department proposed to change the control with respect to a minor who is individual purchases and prepares food definition so that children living with ‘‘financially or otherwise’’ dependent on separately from the others in the non-parent adults would be treated the other household members. Some household. Separate household status is same as children living with their commenters argued that the definition is not granted automatically; an individual natural, adoptive, or stepparents. vague and can result in inconsistent must meet the requirements that apply Four State welfare agencies objected treatment. Although the Department to all applicants, including the to the proposal that children with recognizes that this definition may be requirement to purchase and prepare children of their own should be separate subject to interpretation, the Department households from the parents or adults food separately. drafted this definition (in Food Stamp with whom they live only if the Program Policy Memo 3–93–6) to Two commenters asked whether the children purchase and prepare food provide a consistent measure that would provisions of 7 CFR 273.1(c)(1) separately. One commenter also be broad enough to be compatible with regarding boarders should be changed in objected to this granting of separate State laws, which vary widely on issues light of the Leland Act changes and the status to children who are married and of parental control. The Department is legislative intent behind those changes. living with their spouse when they also reluctant to provide finite lists of Current regulations at 7 CFR 273.1(c)(1) purchase and prepare food separately dependencies which would be preclude children, even adult children, from the adults with whom they live. indicative of parental control. The from being granted boarder status in This treatment is statutorily mandated Department feels that this determination their parents’ home. According to 7 CFR with respect to children under age 22 should be left to the eligibility worker, 273.1(c)(5), a boarder’s income and who live with their natural, adoptive, or who is in the best position to evaluate resources are excluded from the income stepparents. The Department’s only a particular child’s relationship with the and resources of the household discretion in implementing this adults in his or her household. The providing boarder services. Allowing particular provision was to extend this Department believes that a more specific adult children to be boarders in their treatment to those children under 18 definition of parental control would parents’ homes might encourage parents who are living with non-parent adults. limit the eligibility worker’s flexibility to allow children to remain at home Several public interest groups to make these determinations. For these until they are self-sufficient. The commended the Department’s decision reasons, the Department has decided to commenters thought a rule change to extend the parent/child and spousal adopt the proposed revision to 7 CFR would be necessary to remove the exceptions mandated for natural, 273.1(a)(2)(i)(B) (designated prohibition against children being adopted, or stepchildren under age 22 273.1(a)(2)(i)(C) in this rule) with one boarders in their parents’ homes. who live with their parents to children minor language clarification suggested However, the current boarder provision, under 18 who live with non-parent by a commenter that makes the 7 CFR 273.1(c)(1), incorporates the new adults. No comments were received that provision easier to understand. household definition by reference and objected to treating these two groups of One commenter was concerned that denies boarder status only to those children (those who live with their the Department’s definition of parental ‘‘* * * individuals or groups of natural, adoptive, or stepparents and control can hurt children who leave individuals described in paragraph those under 18 who live with a non- their parents’ homes because of abuse or (a)(2) [of 7 CFR 273.1] * * *.’’ parent adult) the same. Therefore, the neglect and who move in with Paragraph 273.1(a)(2) is being amended Department’s proposal to amend 7 CFR neighbors, relatives, or parents of by this rule to describe children under 273.1(a) to define as independent those schoolmates. The commenter noted that age 22 living with their natural, children who are either married and defining parental control to include adoptive, or stepparents, and children living with their spouses, or living with financial dependence often prevents under 18 living under the parental their own children, is retained in this these children from having their own control of a non-parent adult. Therefore, final rulemaking. food stamp households, and therefore children age 22 and over are no longer One State welfare agency requested makes it more difficult for families to prohibited by 7 CFR 273.1(c)(1) from more time to implement the extension afford to take in these children. The Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54273 commenter requested that a household’s definition of ‘‘eligible foods’’ in 7 CFR The Department wishes to clarify its affidavit stating that a child is not under 271.2. position on one policy expressed in the parental control be accepted to Two public interest groups preamble to the proposed rule in light conclusively establish that child’s commented on this provision, and both of comments received. The Department independence. If in fact a child is under raised the same issue. Although the indicated in the preamble to the parental control according to Program commenters generally supported the proposed rule at 59 FR 44869, that rules, those facts are not changed merely provision, both requested that State access to public utilities would not because the household provides a welfare agencies be given the option to preclude a household from using this statement otherwise. The facts of a given allow narcotic addict or alcoholic exclusion as long as the household situation, as determined by the parents and their children who live with actually used the vehicle as provided in eligibility worker, would govern the them in the treatment center to be section 13924 of the Leland Act. This certification of a child or children as a separate households. This issue was statement was based on the separate household. addressed in the preamble to the Department’s view that a household The commenter’s other suggestion proposed rule. The Department has may not be able to afford the fuel that was to expand the definition of foster considered this issue again, but is piped into the home, or may choose children to include children who live continues to believe that the household not to use the fuel for other reasons. The with others outside of the formal foster definition in the Food Stamp Act, as Department believed that these care system. However, even if these amended by the Leland Act, prohibits households should be entitled to the children were included as foster allowing separate household status to exclusion. children, they would not be entitled to children under 22 living with their Although the Department stated in the separate household status because foster parents in a treatment center. Therefore, preamble to the proposed rule that the children are considered boarders under the Department is adopting with minor provision could apply where the 7 CFR 273.1(c)(6). As boarders, these technical change the amendments to 7 household was unable to use its utilities children could not have their own CFR 273.1(e)(1)(ii) and 7 CFR 273.1(f)(2) ‘‘for whatever reason, such as non- household, but could be included in the contained in the proposed rule. payment of utility bill[s],’’ the food stamp household of the household Department did not intend to indicate Vehicles Necessary To Carry Fuel or providing boarder services at its request. that this resource exclusion could be Water This option results in an outcome extended to cover temporary conditions. This policy was intended to address identical to the situation first presented Section 13924 of the Leland Act those situations in which a household by the commenter, in which the child amended section 5(g)(2) of the Food was using its vehicle to transport fuel or cannot have his or her own household, Stamp Act to exclude from household water for sustained periods of time. This but can be included in the household of resources the value of a vehicle that a interpretation is supported by both the others. Although the Department household depends upon to carry fuel legislative history and the language of understands the difficulties these for heating or water for home use when the statute. The Conference Report children and the families that take them such transported fuel or water is the indicates that Congress intended this in face, the Department has elected not household’s primary source for fuel or exclusion to apply only when to change the definition of parental water. The Department proposed to households did not have fuel or water amend 7 CFR 273.8(h)(1) to add the new control for the reasons discussed above. ‘‘piped into their homes.’’ (House vehicle exclusion as paragraph (vi). The In summary, the Department is Conference Report No. 213, 103rd language of the Department’s proposed adopting the changes to 7 CFR Cong., 1st Session 927 (1993)). Further, rule mirrors the statutory language, and 273.1(a)(2)(i) as proposed, with a minor the language of the statute allows a change in language. The proposed the Department is adopting as final the resource exclusion for ‘‘a vehicle that a change to 7 CFR 273.1(a)(2)(ii) was language of the provision in the household depends on * * * when revised to clarify that only the spouse of proposed rulemaking. However, in such transported fuel or water is the an elderly and disabled household response to several issues raised by primary source * * * for the household member must be included in the commenters, the Department would like ** *’’ (emphasis added). This language household of the elderly and disabled to clarify its rationale for adopting this implies something more permanent than person. The proposed change to 7 CFR provision. a temporary condition like a utility 273.10(f) is adopted without change. One commenter objected to adding being off because of non-payment of the another vehicle exclusion to an already Eligibility of Children of Parents bill. The two State welfare agencies that complicated provision, but because this commented on this aspect of the vehicle Participating in Drug or Alcohol provision is statutorily mandated, the Treatment Programs exclusion did not support the provision. Department does not have the discretion One agency wondered how its eligibility Section 13932 of the Leland Act to omit this exclusion. workers could know how long to apply amended the Food Stamp Act to In this final rulemaking, the the exclusion if a household told the authorize Program eligibility for Department is continuing its worker it was using the vehicle because children living with their otherwise commitment to providing State agencies the electricity had been turned off for eligible parent(s) in a drug or alcohol with enough flexibility so that they can non- payment. Such cases would be treatment center. Under this provision, implement this rule to address their labor intensive for the caseworker in the children would be included in the specific situations. For example, the order to ensure that the exclusion ended parent’s household. To implement this Alaska State agency has the flexibility to when utilities were restored. Both State provision, the Department proposed to determine whether a boat or other agency commenters suggested that amend 7 CFR 273.1(e)(1)(ii) to extend vehicle would meet the requirements of allowing it to apply in this situation food stamp eligibility to children of this provision because the Department would be error-prone and narcotic addicts or alcoholics who are has not defined the term ‘‘vehicle.’’ administratively difficult to implement. residents of drug or alcohol treatment Several commenters commended the This vehicle exclusion extends centers. Conforming language was also Department for this position, and it has eligibility to households that would not proposed to 7 CFR 273.1(f)(2), and to the not been changed in this rulemaking. otherwise be eligible because of the 54274 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations excluded vehicle. Allowing the groups urged that an applicant no discretion in this area. Section 13923 exclusion when a household has household’s assertion that it depends on of the Leland Act is itself a compromise temporarily had its utilities turned off a vehicle to transport its fuel or water position. As indicated in the House for non-payment of its utility bills also should conclusively establish its Conference Report, the exclusion was presents the incongruous situation of entitlement to the exclusion. The originally going to be raised to $5,500 in addressing a household’s inability to Department sees no reason to exempt 1994, and adjusted annually to the CPI pay a utility bill with temporary this vehicle exclusion from the normal thereafter. (House Conference Report eligibility for food stamps. verification requirements by allowing No. 213, 103rd Cong., 1st Session, 927 The Department recognizes that there self-declaration. Several commenters (1993)). Given this clear legislative may be times when a household’s supported including a question in the mandate, the Department cannot utilities will be off for an extended food stamp application, or checking unilaterally raise the fair market value period of time, or that there may be with someone outside the household exclusion or change the Leland Act’s rural areas or other areas with sporadic who is familiar with the household’s timetable. The Department is therefore or unreliable access to water or fuel. circumstances. With the exception of adopting the provision as proposed. There may also be occasions where a the documentation requirement After the proposed rule was household’s access to drinking water is contained in the proposed rule, the published, the Department realized that interrupted for an extended period of Department is not adopting any specific a conforming amendment was needed at time such that the exclusion would be verification requirements for this 7 CFR 273.8(i)(4), involving the transfer appropriate. To balance the need for exclusion. No adverse comments were of resources. That provision contains an administrative ease in determining received regarding the Department’s example which includes the old dollar entitlement to the exclusion with an requirement that no documentation be figure of $4,500 for the vehicle appropriate response to a household’s required unless the exclusion was exclusion. Because the exclusion has circumstances, the Department is questionable, so it is adopted as final. changed and will become variable modifying the language of the final rule No comments were received on the starting in 1996, the example in 7 CFR to allow the vehicle exclusion if it is proposed technical amendment to the 273.8(i)(4) has been deleted. anticipated that the transported fuel or summary of the vehicle provisions at 7 General Assistance (GA) Vendor water will be the household’s primary CFR 273.8(h)(6). Therefore, the Payments source of fuel or water during the proposed revisions to 7 CFR 273.8(h)(1) certification period. This gives and 7 CFR 273.8(h)(6) are adopted as Section 13915 of the Leland Act eligibility workers the flexibility to final. amended section 5(k)(1)(B) of the Food evaluate each situation and apply the Stamp Act to change the treatment of Vehicles Needed To Seek and Continue provision with common sense and good third-party payments made to recipients Employment and for Household judgment. from GA programs. To implement this The legislative history of the Transportation provision, the Department proposed to provision indicates that Congress Current regulations at 7 CFR amend and reorganize 7 CFR 273.9(c)(1). intended to apply the exclusion without 273.8(h)(3), in accordance with section Three commenters supported the requiring the household to meet any 5(g) of the Food Stamp Act, require that proposed language as a significant ‘‘additional tests concerning the nature, all licensed vehicles be evaluated to improvement over the previous, more capabilities, or other uses of the determine their fair market value for complex provision. One commenter vehicle.’’ (House Conference Report No. purposes of determining a household’s supported the provision, but requested 213, 103rd Cong., 1st Session 927 resource eligibility for the Program. that GA vendor payments for utilities (1993); House Report No. 111, 103rd Section 13923 of the Leland Act assistance also be excluded from income Cong., 1st Session 33 (1993)). The amended section 5(g)(2) of the Food under the provision. Under the Department drafted its proposed rule to Stamp Act to increase the fair market proposed language, 7 CFR reflect this statutory intent, and no value resource exclusion of vehicles by 273.9(c)(1)(ii)(A) does exclude adverse comments were received on this $50 on September 1, 1994, and by an ‘‘assistance provided for utility costs’’ provision. However, some commenters additional $50 on October 1, 1995. from income. Because no adverse mistakenly thought this was a Beginning on October 1, 1996, the fair comments were received, the verification provision. This language is market value resource exclusion will be Department is adopting the complete intended merely to prevent a household adjusted annually, using a base of revision of 7 CFR 273.9(c)(1) contained that meets the fuel/water vehicle $5,000, to reflect changes in the in the proposed rulemaking. exclusion from having to further justify Consumer Price Index (CPI). Student Earned Income Exclusion excluding the vehicle. It is very possible In order to implement section 13923 that a vehicle excluded under this of the Leland Act, the Department Section 13911 of the Leland Act provision would have value far in proposed to amend 7 CFR 273.8(h)(3) to amended section 5(d)(7) of the Food excess of the fair market value vehicle conform to the timetable and values Stamp Act to exclude ‘‘income earned exclusion (discussed below), and this mandated by section 13923. The by a child who is a member of the language would preclude the household Department received three comments on household, who is an elementary or from having to meet the fuel/water this provision, each one requesting a secondary school student, and who is 21 vehicle exclusion test first, and then departure from the values or timetable years of age or younger * * *.’’ Current having to meet a fair market value test. provided by the Leland Act. Two of the regulations at 7 CFR 273.9(c)(7) exclude In the preamble to the proposed rule, commenters suggested that the the earned income of children who are the Department requested comments on participant’s equity value should be under age 18, members of the how this exclusion could be verified. By evaluated, which would provide a more household, under the parental control of asking for these comments, the realistic measure of the vehicle’s value another household member, and Department did not mean to indicate to the household. One commenter students at least half-time. Under the that it was departing in any way from suggested increasing the exclusion current regulations, the exclusion does its normal verification requirements and directly to $4,600 without the not apply if the student has formed a procedures. Several public interest intermediate steps. The Department has separate household. The legislative Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54275 history of section 13911 indicates that necessary for the Department to look to that this is a reasonable interpretation of the provision was intended to assist the legislative history of this provision the statutory language and intent that students that are still in high school and in order to develop implementing otherwise eligible students living with living with their parents beyond age 18, regulations. This exclusion was passed parents (or with others acting in that but not to change the law regarding after the First Circuit’s decision in Dion role) should have their earned income students who live away from home and and so the Department considered the excluded. have separate food stamp households provision’s legislative history to The Department has therefore decided (House Report No. 111, 103rd Cong., 1st determine whether, and to what extent, to retain the requirement in the Session 28 (1993)). Congress intended the provision to proposed rule that students must live To implement this provision and address issues raised in that litigation. with a natural, adoptive, or stepparent, address issues that had arisen under the The Department disagrees with one or be living under the parental control current student earned income commenter’s assertion that the Supreme of a household member other than a exclusion, the Department proposed to Court’s decision in Chevron USA v. parent, to be eligible for this exclusion. amend 7 CFR 273.9(c)(7) to exclude the Natural Resources Defense Council, 467 One commenter requested more time earned income of ‘‘a student under age U.S. 837 (1984), would preclude looking to implement the student income 22 who attends elementary or secondary to the legislative history to interpret this exclusion because of the limitations school or classes to obtain a General provision. Even the Dion court looked to regarding a student’s living Equivalency Diploma at least half-time the legislative history to interpret the arrangements. The Department may not and lives with a natural, adoptive or statutory language of the pre-Leland extend the implementation beyond the stepparent, is under the control of a provision. That court concluded, based statutorily mandated date of September household member other than a parent, on the language of the statute and its 1, 1994. or is certified in a separate food stamp legislative history, that Congress had not Status as Head of Household household but lives with a natural, intended to limit the exclusion to adoptive or stepparent.’’ The proposed students living with their parents. Dion, The Department also received several rule included some provisions not 933 F.2d at 19. It is also the comments arguing that the exclusion directly mandated by the statutory Department’s position that its proposal should apply regardless of the student’s language, but that were either carried does not violate the holding in Dion. status as head of household. In its over from the current provision or The decision in that case was based in proposal, the Department extended the included in the proposed rule to part on the lack of ‘‘evidence that exclusion to students who are certified implement the legislative intent of the Congress considered the policy in separate food stamp households, but provision. Issues raised in the implications of either extending the who live with their parents. Under the comments to the proposed rulemaking exclusion to all student-earners or proposal, any (otherwise eligible) are addressed below. limiting it to those within their parents’ student who lives with his or her natural, adoptive or stepparent is Living Arrangement household.’’ (emphasis added) Dion, 933 F.2d at 17. Now Congress has entitled to the exclusion, regardless of Thirteen commenters strongly clearly indicated its intent to limit this that student’s status in the food stamp opposed limiting the student earnings exclusion only to students living with household. exclusion to students living with their their parents. (House Report No. 111, The plaintiff in Dion, a 17 year-old parents or under the parental control of 103rd Cong., 1st Session 28 (1993)). girl who was the head of her own food another household member. There were Contrary to some commenters’ stamp household and who also lived no comments that supported the assertions, the Department believes the with her parents, would be eligible for limitation. Commenters argued that a limitation best addresses Congressional the exclusion under the proposal. A student’s living arrangements should intent. The House Report states that the student who lives with someone other have no bearing on the student’s provision was intended ‘‘to encourage than his or her natural, adoptive, or entitlement to the exclusion. Several those students who are living with their stepparents, and who forms a separate commenters argued that the First parents to pursue their education food stamp household would not be Circuit’s decision in Dion v. ** *.’’ (emphasis added) (House eligible for the exclusion. The Commissioner, Maine Department of Report No. 111, 103rd Cong., 1st Session Department does not agree with the Human Services, 933 F.2d 13 (1st Cir. 28 (1993)). Congress clearly did not commenter who argued that whether a 1991), discussed in the preamble to the intend the exclusion to apply to all student like Ms. Dion is living with her proposed rule would specifically students, but created the exclusion to parents or living on her own would not prohibit this limitation. Several address situations where students’ be relevant in this inquiry. Congress commenters argued that even if the earnings could have a negative impact specifically stated that the new student legislative history supported the on the students’ families. There is also provision was not intended to change limitation, statutory construction rules no reason that this limitation will be ‘‘current law regarding those students would prohibit looking to it because of administratively burdensome or error- who live away from home and have the clear language of the statute. Several prone because the information will formed a separate household.’’ commenters thought the limitation was already have been collected and (emphasis added) (House Report No. inconsistent with the Department’s and analyzed for the household 111, 103rd Cong., 1st Session 28 (1993)). Congress’ intent to encourage students determination. Such students are currently ineligible to stay in school. Some State welfare In order to reflect the realities of for the income exclusion, and so agencies also commented that the today’s diverse household situations Congress specifically intended for those requirement would be burdensome and and be consistent with the amended students to remain ineligible for the error-prone. household definition provisions of 7 exclusion. The Department maintains its CFR 273.1(a)(2)(i)(B), the Department The Department is therefore retaining position that the language of the statute will include students who are living the proposal’s extension of the and its legislative history support under the parental control of an adult exclusion to students who have been limiting the exclusion to students living household member other than a parent. certified in a separate food stamp with their parents. It is appropriate and The Department continues to believe household, as long as that student is 54276 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations living with a natural, adoptive or step- that as long as the otherwise eligible the Department proposed to amend 7 parent. person is either (1) attending elementary CFR 273.21(j)(1)(vii) to specify that the or secondary school, or (2) attending income of an elementary or secondary Half-Time Attendance GED or home-school classes recognized, student shall be counted beginning with Another issue raised by several operated, or supervised by the student’s the budget month after the month in commenters was whether the state or local school district, then the which the student turns 22. The Department could require that students student’s earned income will be Department’s proposal did not change attend school at least half-time to be excluded. The Department also believes the current regulations regarding the eligible for the exclusion. The legislative that this approach will be less continuation of the exclusion during history of section 13911 of the Leland administratively burdensome and error- temporary interruptions in school Act did not address this issue. Because prone. attendance and the proration of income of concerns that the increased scope of GED Classes when the child’s share cannot be the exclusion (increasing the eligible age differentiated. Two commenters from 18 to 21) would dramatically One commenter objected to the commended the Department’s proposal increase its cost, the Department Department’s decision to include as a simple and fair handling of the believed that the exclusion should be students attending classes to obtain a issue. limited to students seriously pursuing a GED among those students who are high school diploma or General eligible for this exclusion. The One commenter suggested that the Equivalency Diploma (GED). commenter believed that adding GED income be included beginning with the Seven commenters strongly objected students would make the exclusion too certification period after the student to the proposal’s half-time requirement. difficult to implement because of the turns 22 or graduates. Similarly, one One commenter, although recognizing half-time attendance requirement. Two commenter suggested that certification the Department’s desire to limit costs commenters supported the inclusion of periods be set to correspond with these with a fair and simple rule, agreed with GED students. The Department has events. Although the Department other commenters that the half-time eliminated the half-time requirement, encourages State agencies to set requirement was arbitrary. Another and believes that the new provision will certification dates as suggested by the commenter suggested that students with not be difficult to apply to GED commenter to ease the administrative learning disabilities, health problems, students. Although the Leland Act did burden of making the adjustment, the difficult family situations, or other not directly address GED students, the Department will not complicate the circumstances might not be able to legislative history reflects support for provision by requiring that certification attend classes half-time. Commenters those who are working to obtain a high periods be so set. In addition, because also argued that restricting the exclusion school diploma, (House Report No. 111, the effects of the income exclusion are to students who attended school for a 103rd Session 28 (1993)), and the so sweeping, the Department believes it specified period of time each day was Department sees no reason not to would be too costly to extend a contrary to Congressional intent to help include those pursuing a diploma in a student’s earned income exclusion until students who need more time to finish GED program recognized, supervised, or the next recertification. The Department school. (House Report No. 111, 103rd operated by the student’s state or local is therefore adopting the language of Cong., 1st Session 28 (1993)). Several school district. The Department believes these proposals with one clarification in State agencies remarked that verification that earning a high school diploma is a the context of retrospective budgeting. would be difficult and the requirement significant step towards self- The Department is clarifying 7 CFR would be error-prone. sufficiency, and that extending this 273.21(j)(1)(vii), which addresses The Department understands the exclusion to include students pursuing retrospective eligibility and budgeting, concerns regarding the half-time a GED in a reputable program will because of a comment we received requirement. However, the Department encourage them to continue. Therefore, which demonstrated that our proposal is reluctant to exclude the income of the proposed provision to allow the was not clear. The new language every student. To illustrate, although earned income exclusion for students specifies that the income of an the Department is extending the attending GED classes is retained in this elementary or secondary student shall exclusion to GED students, we do not final rule. believe that this exclusion should apply be counted beginning with the budget to a person working full-time and Case Adjustment When Student month after the budget month in which studying for the GED for a few hours a Becomes 22 the student turns 22. To illustrate: a week on his or her own. Another issue addressed in the student in a retrospective budgeting One commenter made a suggestion proposal is the point at which a jurisdiction (which budgets from the that provides some limit, but is not student’s earnings must be counted 15th of the month to the 14th of the next arbitrary. The commenter suggested that when the student turns 22 during the month) turns 22 on September 14. as long as a person attends school for certification period. To make the Under the provision, the student’s enough time for that person’s state or requirements for applicant and ongoing income would be included the budget local school district to consider the households and prospective and month after the budget month in which person a ‘‘student,’’ then the exclusion retrospective budgeting procedures the the student turned 22. The student should apply, regardless of the time the same, the Department proposed to add turned 22 in the budget month of person spends in class. The Department a new paragraph (E) to 7 CFR August 15–September 14, so the has chosen to adopt this practical and 273.10(e)(2)(i) to provide that for student’s income would be included reasonable approach to the problem of prospective eligibility and benefit beginning the budget month of school attendance. This approach also determination, the earned income of a September 15–October 14. resolves a separate issue raised by two high school or elementary school With this change in wording for commenters, who requested that home- student shall be counted beginning with retrospectively budgeted cases, the schooled students also be eligible for the the month following the month in revisions to 7 CFR 273.10(e)(2)(i) and 7 exclusion. The Department has which the student turns 22. To address CFR 273.21(j)(1)(vii) are adopted as amended 7 CFR 273.9(c)(7) to provide retrospectively budgeted households, proposed. Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54277

JTPA Earnings Several commenters supported the agency can establish a State limit by two-tiered approach as both realistic using a reasonable estimation of the cost One commenter asked for clarification and reasonable. Two commenters also of service in the area, and the amount on whether earnings received pursuant supported the Department’s proposal to of dependent care reimbursement to the Job Training and Partnership Act allow State welfare agencies flexibility payable to households would be the (JTPA) could be excluded from income regarding when to adjust the amount of established State limit or the actual cost under this provision. Under the the deduction after a dependent child’s of dependent care, whichever is lower. language in this final rulemaking, JTPA second birthday. One State welfare Where there is a local market rate, State earnings can be excluded under the agency thought that allowing the higher welfare agencies cannot establish State student income exclusion. Current deduction amount to continue until the limits which exceed that rate, and the regulations at 7 CFR 273.9(b)(1)(v) next recertification after the child’s amount of the dependent care provide that JTPA earnings are earned second birthday was confusing, and reimbursement is the lower of the local income to the recipient. The student suggested that the Department require market rate, the State limit, or actual income exclusion of 7 CFR 273.9(c)(7) that the adjustment be made the month costs. Because the Department does not excludes earned income of students following the child’s second birthday. see this as a significant problem with who meet its requirements. The two Under the language in the proposed the provision, the Department is provisions do not conflict; one defines rulemaking, the State agency can adjust adopting the provision as proposed. JTPA earnings as ‘‘earned income,’’ and the deduction the month following the Proration of Benefits the other excludes all ‘‘earned income’’ child’s second birthday if that of those individuals who meet its timeframe is easier or less confusing for Section 13916 of the Leland Act requirements. the agency to implement. No other amended section 8(c)(2)(B) of the Food Summary commenters objected to the Stamp Act to eliminate proration of first Department’s decision to allow a later month’s benefits if a household is In summary, the Department is adjustment, and so the Department is recertified for food stamps after a break amending 7 CFR 273.9(c)(7) to exclude adopting the provision in the proposed in certification of less than one month. the earned income of any household rule requiring the adjustment no later Current regulations at 7 CFR member who is an elementary or than the next recertification after the 273.10(a)(1)(ii) require that a secondary school student 21 years of age child’s second birthday. household’s benefit level for the initial or younger who lives with his or her The Department also proposed a month of certification be based on the natural, adoptive, or stepparents or who conforming change to 7 CFR day of the month it applies for benefits is living under the parental control of a 273.10(d)(1)(i) to replace the term ‘‘child and that the household receive benefits household member other than a parent. care expense’’ with the term ‘‘dependent from the date of application to the end An elementary or secondary school care expense.’’ No adverse comments of the month. student is someone who attends were received on this conforming The Department proposed to revise 7 elementary or secondary school, or who change, and so the Department is CFR 273.10(a) (1)(ii) and (2)(i) to attends GED or home-school classes adopting this amendment as provided in prohibit the proration of first month’s recognized, operated, or supervised by the proposed rulemaking. benefits for all households that apply for the student’s state or local school benefits after a break in certification of Dependent Care Reimbursement for the district. less than one month. Food Stamp Employment and Training The Department’s proposal raised Improving Access to Employment and Program several issues. Several public interest Training Activities Section 13922 of the Leland Act groups commented that the final rule Dependent Care Deduction amended section 6(d) of the Food Stamp should make clear that benefits should Act to replace the $160 cap on not be prorated even if a client’s Section 13922 of the Leland Act dependent care reimbursements to previous participation was in another amended section 5(e) of the Food Stamp participants in the Employment and county. Under the language of the Act by increasing the maximum Training Program with a requirement Leland Act, the reason for the break in dependent care deduction to $200 for that State agencies reimburse the actual certification is not relevant when each dependent child under the age of costs of dependent care expenses up to applying the provision. The Department two, and to $175 for all other a limit set by the State agency. Section does not believe the provision requires dependents. In its discussion on 13922(b) of the Leland Act establishes a clarification on that point. Furthermore, implementing the two-tiered deduction, methodology for determining the the administrative problems that State Congress urged that implementation be relevant limits, including a local market welfare agencies face when transferring conducted in ways that would minimize rate for dependent care. a household’s case from one jurisdiction administrative burdens on State One State welfare agency objected to to another are not really impacted by agencies. (House Conference Report No. the provision, stating that there is no this provision. Applying this provision 213, 103rd Congress, 1st Session 926 established local market rate for just means that if the client’s break in (1993)). dependent care for individuals over the certification is one month or less, the The Department proposed to amend 7 age of 18. The Department does not see client’s benefits are calculated from the CFR 273.9(d)(4) and 7 CFR 273.10(e) to this as a significant problem. The beginning of the month, not the day the replace the fixed maximum deduction proposed rule would require the State client reapplied in the new jurisdiction. with the Leland Act’s two-tiered agency to establish a State limit for A State welfare agency requested approach. To address Congressional dependent care over the age of 18. The clarification as to the provision’s impact intent, the Department proposed to State limit cannot be more than the local on the Department’s reinstatement require State welfare agencies to adjust market rate. The lack of a local market policy. This provision does not directly the deduction from $200 to $175 no rate does not preclude the State welfare affect this policy. Under that policy, a later than the next regular recertification agency from establishing a State limit, it State agency may reinstate a household after a dependent child’s second simply places a cap on the State limit. without requiring a new application if birthday. Without a local market rate, the State the household has had a break in 54278 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations certification of less than one month proration of benefits provision applies those paragraphs are deleted in this because of a late monthly report. The only when an identical household final rulemaking. Leland provision was not meant to reapplies after a break in certification of With the modification addressing the eliminate policies helpful to less than one month. Two State welfare problem of changing household households, but only to ensure that agencies raised this issue in their composition, the proposed amendments those households that reapply after a comments. to 7 CFR 273.10(a) are adopted as final. short break in certification do not One commenter suggested that as long Implementation receive reduced benefits. as at least one household member was Another State welfare agency raised certified in the previous month, the Pursuant to section 13971 of the the issue of the interaction of the Leland household should get the benefit of the Leland Act, the Leland Act was Act proration provision and the provision and its benefits should not be effective, and States were required to Department’s combined allotment prorated. This approach effectively implement it, September 1, 1994. policy contained in 7 CFR 274.2(b) (2), extends the provision, which was Pursuant to Public Law 104–121, the (3), and (4). Under that policy, a intended to benefit households, to Contract with America Advancement household that is eligible for expedited individuals. The Department does not Act of 1996, this final rule is effective service and applies after the 15th of the believe this extension would be December 16, 1996; State agencies must implement it no later than June 30, month is entitled to a combined consistent with either the statutory 1997. State agencies will be required to allotment representing the prorated language or intent of section 13916 of adjust the cases of ongoing households portion of the first month’s benefit, plus the Leland Act. The Department does at the next recertification, at household the next month’s benefit. To recognize the need, however, to address request, or when the case is next accommodate the administrative changing household membership in the reviewed, whichever comes first. If realities of expedited service cases, the context of this provision. implementation of the Leland Act or provision, like other provisions To address this issue, the Department regarding verification for expedited this rule is delayed, benefits shall be has revised 7 CFR 273.10(a)(1)(ii) to restored, as appropriate, in accordance service cases, allows for delayed specify that a household that reapplies verification. The commenter was with the Food Stamp Act. Three State after a break in certification is not welfare agencies did not agree that concerned that dishonest applicants considered to be the ‘‘same’’ household could continue to reapply for expedited restored benefits were mandated by the if the membership of the original Leland Act. One of those agencies service benefits after the 15th of a household has changed to the extent month, and under the combined suggested that Congress’ decision to that the certification worker must provisions of the combined allotment apply new provisions no later than the establish a new case for a portion of the rule and the new proration provision, next recertification indicated that the original household. Under this continue to get six weeks’ worth of Leland Act was not intended to be approach, when a household’s benefits with little verification. Section retroactive. As explained below, the membership changes so that a new case 13916 of the Leland Act defines ‘‘initial Department has determined that section is created, the new case’s benefits are month’’ to mean one that follows a 13951 of the Leland Act requires that prorated, but the original case’s benefits period of more than one month in clients receive the benefits of its are not prorated. which the household was not certified provisions as of September 1, 1994, and to participate. A household that The Department believes that this so benefits shall be restored, to the reapplies within one month of a break approach is consistent with the extent appropriate, in accordance with that is entitled to have its benefits not statutory language and intent, which the Food Stamp Act. prorated under this section, is not, by was to eliminate the proration Legislative history indicates that the definition, in its ‘‘initial month,’’ and so requirement for households which Leland Act provisions were to be is not entitled to a combined allotment reapply after a break in certification of implemented in the Department’s because a combined allotment is only less than one month. (House Report No. ‘‘normal manner.’’ (House Conference available for ‘‘initial’’ allotments. 111, 103d Cong., 1st Session 30 (1993).) Report No. 213, 103rd Congress, 1st Although this question raises a It also provides a reasonable limit on the Session 926 (1993)). The Department’s serious issue, the Department does not provision, protecting the interests of the ‘‘normal’’ procedure is to set an believe that further analysis on this original household over the interests of implementation date after which point is fruitful in the context of this members that leave to form new households are entitled to the benefits rulemaking. The commenter’s question households. Because State agencies will of the new provision. If there is a is not really addressed to the proration be able to apply this provision in statutorily mandated implementation or the combined allotment policies. The conjunction with established policy for date, the implementation date would question really addresses the delayed creating new cases when household correspond to that date. If the State verification requirements necessitated membership changes, this approach agency cannot adjust the ongoing cases in expedited service cases. If the would not be unduly burdensome. The by this date, then benefits are restored, Department addresses the expedited Department believes that it is most within the restrictions provided by the service regulations in the future, we will appropriate to have this case-related Food Stamp Act, back to the required reexamine this issue in that context. decision made by the eligibility worker, implementation date when the case is One State welfare agency requested who will be most familiar with the adjusted. To help ease the that States that issue benefits situation. administrative burden of implementing prospectively on a rolling fiscal month The Department also proposed to statutory changes, the Department does be exempted from this provision. The delete 7 CFR 273.10(a)(2) (ii) and (iii). not require immediate adjustment or language of the Leland Act does not Both provisions, which prohibit require State agencies to conduct case allow exceptions to the proration proration in the first month of a reviews to determine which households provision; therefore, the Department has household’s new certification period, would benefit from legislative changes. no authority to exempt such States. were made moot by section 13916 of the Several public interest groups requested The most significant issue to arise 1993 Leland Act. No adverse comments that the Department require State under this provision is whether the were received on this proposal, and so welfare agencies to notify ongoing Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54279 households of the Leland Act provisions § 272.1 General terms and conditions. (B) A child under 22 years of age who because it would help households * * * * * is living with his or her natural, realize the benefits of the legislation (g) Implementation. *** adoptive, or stepparents, unless the more quickly. Although the Department (151) Amendment No. 375. Public child is also living with his or her own in general encourages giving notice to Law 103–66, the Mickey Leland child(ren) or spouse. households, the Department has Childhood Hunger Relief Act, was (C) A child (other than a foster child) decided not to require that notice be effective and required to be under 18 years of age who lives with given to households because of the implemented on September 1, 1994. The and is under the parental control of a administrative burden and costs to State provisions of Amendment No. 375 are household member other than his or her agencies. effective December 16, 1996, and must parent. A child is considered to be If for any reason a State agency fails be implemented by June 30, 1997. The under parental control for purposes of to implement on the required dates, State agency shall implement the this provision if he or she is financially restored benefits shall be provided, if provisions of this amendment no later or otherwise dependent on a member of appropriate under the provisions of the than the appropriate required the household, except that a child who Food Stamp Act, back to the relevant implementation date for all households is living with his or her own child(ren) implementation date or the date of newly applying for Program benefits on or spouse is not considered to be under application, whichever is later. In or after such implementation date. The parental control. accordance with section 13951 of the current caseload shall be converted to * * * * * Leland Act, variances resulting from these provisions at household request, 5. In § 273.7: implementation of the provisions of the at the time of recertification, or when a. A new paragraph (c)(4)(xiv) is final rule are excluded from error the case is next reviewed, whichever added. analysis for 120 days from June 30, occurs first, and the State agency must b. A new paragraph (c)(4)(xv) is 1997. provide restored benefits, as may be added. appropriate under the Food Stamp Act, c. Paragraph (d)(1)(ii)(A) is amended List of Subjects back to the appropriate required by revising the first, seventh, and last 7 CFR 271 implementation date. If for any reason a sentences. State agency fails to implement on the The additions and revisions read as Administrative practice and appropriate implementation date, follows: procedure, Food stamps, Grant restored benefits shall be provided, if programs—social programs. appropriate, back to the appropriate § 273.7 Work requirements. 7 CFR 272 required implementation date or the * * * * * date of application, whichever is later. (c) State agency responsibilities. Alaska, Civil rights, Food stamps, Any variances resulting from *** Grant programs—social programs, implementation of this amendment (4) * * * Report and recordkeeping requirements. shall be excluded from quality control (xiv) The Statewide limit(s) for 7 CFR 273 error analysis for 120 days from June 30, dependent care reimbursements as 1997. established by the State agency. The Administrative practice and limit(s) shall not be less than the procedures, Aliens, Claims, Food PART 273ÐCERTIFICATION OF dependent care deduction amounts stamps, Grant programs—social ELIGIBLE HOUSEHOLDS specified under § 273.9(d)(4). programs, Penalties, Reporting and (xv) The local market rates of 4. In § 273.1: recordkeeping requirements, Social dependent care providers in the State. a. Paragraphs (a)(2)(i)(B) and Security, Students. State agencies shall adopt the local (a)(2)(i)(C) are revised. Accordingly, 7 CFR Parts 271, 272, b. Paragraph (a)(2)(i)(D) is removed. market rates already established by and 273 are amended as follows: c. Paragraph (a)(2)(ii) is amended by programs under section 402(g) of the removing the words ‘‘may be a separate Social Security Act. State agencies shall 1. The authority citation for Parts 271, establish separate local market rates for 272, and 273 continues to read as household from the others based on the provisions of paragraphs (a)(2)(i)(A) and categories of care relevant to food stamp follows: E&T which are not addressed under Authority: 7 U.S.C. 2011–2032. (a)(2)(i)(B) of this section’’ and adding in their place the words ‘‘may be section 402(g) of the Social Security Act considered, together with any of the and include such rates in the E&T State PART 271ÐGENERAL INFORMATION Plan. AND DEFINITIONS others who is the spouse of the elderly and disabled individual, an individual * * * * * § 271.2 [Amended] household’’. (d) Federal financial participation. 2. In § 271.2, in the definition of d. Paragraph (e)(1)(ii) is amended by (1) Employment and training grants. ‘‘Eligible foods’’, paragraph (4) is adding the words ‘‘, and their children *** amended by removing the words who live with them’’ after the words (ii) Participant reimbursements. ‘‘eligible households’’ and adding in ‘‘facility or treatment center’’. *** their place the words ‘‘narcotic addicts e. Paragraph (f)(2) introductory text is (A) The costs of such dependent care or alcoholics and their children who amended by adding the words ‘‘and expenses that are determined by the live with them’’. their children who live with them’’ after State agency to be necessary for the the words ‘‘on a resident basis’’. participation of a household member in PART 272ÐREQUIREMENTS FOR The revisions read as follows: the E&T program up to the actual cost PARTICIPATING STATE AGENCIES of dependent care, the local market rate, § 273.1 Household concept. or the Statewide limit, whichever is 3. In § 272.1, a new paragraph (g)(151) (a) Household definition. *** lowest. * * * If more than one is added in numerical order to read as (2) Special definition: household member is required to follows: (i) * * * participate in the E&T program, the 54280 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations

State agency shall provide 30, 1995, the fair market value resource (c) Income exclusions. *** reimbursement for the actual cost of exclusion limit shall be increased to (1) Any gain or benefit which is not dependent care, the local market rate, or $4,550. On October 1, 1995 through in the form of money payable directly to the Statewide limit, whichever is September 30, 1996, the fair market the household, including in-kind lowest, for each dependent in the value resource exclusion limit shall be benefits and certain vendor payments. household, regardless of the number of increased to $4,600. On October 1, 1996 In-kind benefits are those for which no household members participating in the and each October 1 thereafter, using a monetary payment is made on behalf of E&T program. * * * A State agency may base of $5,000, the fair market value the household and include meals, claim 50 percent of costs for dependent resource exclusion limit for licensed clothing, housing, or produce from a care services provided or arranged by vehicles shall be adjusted to reflect garden. A vendor payment is a money the State agency up to the actual cost of changes in the new car component of payment made on behalf of a household dependent care, the local market rate, or the Consumer Price Index for All Urban by a person or organization outside of the Statewide limit, whichever is Consumers published by the Bureau of the household directly to either the lowest. Labor Statistics for the 12-month period household’s creditors or to a person or * * * * * ending on June 30 preceding the date of organization providing a service to the 6. In § 273.8: such adjustment and rounded to the household. Payments made to a third a. Paragraph (h)(1) is amended by nearest $50. Any value in excess of the party on behalf of the household are removing the period at the end of appropriate fair market value resource included or excluded as income as paragraph (h)(1)(v) and adding in its exclusion limit shall be attributed in full follows: (i) Public assistance (PA) vendor place the word ‘‘; or’’ and adding a new toward the household’s resource level, payments. PA vendor payments are paragraph (h)(1)(vi). regardless of any encumbrances on the counted as income unless they are made b. Paragraph (h)(3) is revised. vehicle. For example, in November 1994 for: c. Paragraph (h)(6) is amended by a household owning an automobile with a fair market value of $5,550 shall have (A) Medical assistance; revising the first sentence of the (B) Child care assistance; paragraph. $1,000 applied toward its resource exclusion level. Any value in excess of (C) Energy assistance as defined in d. Paragraph (i)(4) is amended by $4,550 (the fair market value resource paragraph (c)(11) of this section; removing the second sentence. exclusion limit for that time period) (D) Emergency assistance (including, The additions and revisions read as shall be attributed to the household’s but not limited to housing and follows: resource level, regardless of the amount transportation payments) for migrant or § 273.8 Resource eligibility standards. of the household’s investment in the seasonal farmworker households while vehicle, and regardless of whether or they are in the job stream; * * * * * (E) Housing assistance payments for (h) Handling of licensed vehicles. not the vehicle is used to transport household members to and from households living in transitional *** housing for the homeless; (1) * * * employment. Each vehicle shall be appraised individually. The fair market (F) Emergency and special assistance. (vi) Necessary to carry fuel for heating PA provided to a third party on behalf or water for home use when such value resource exclusion limit of two or more vehicles shall not be added of a household which is not specifically transported fuel or water is anticipated excluded from consideration as income to be the primary source of fuel or water together to reach a total fair market value resource exclusion in excess of under the provisions of paragraphs for the household during the (c)(1)(i)(A) through (c)(1)(i)(E) of this certification period. Households shall the fair market value resource exclusion for the appropriate time period. section shall be considered for receive this resource exclusion without exclusion under this provision. To be having to meet any additional tests * * * * * considered emergency or special (6) In summary, each licensed vehicle concerning the nature, capabilities, or assistance and excluded under this shall be handled as follows: First, the other uses of the vehicle. Households provision, the assistance must be vehicle shall be evaluated to determine shall not be required to furnish provided over and above the normal PA if it is an income producer, a home, documentation, as mandated by grant or payment, or cannot normally be necessary to transport a disabled § 273.2(f)(4), unless the exclusion of the provided as part of such grant or household member, or necessary to vehicle is questionable. If the basis for payment. If the PA program is carry fuel for heating or water for home exclusion of the vehicle is questionable, composed of various standards or use. * * * the State agency may require components, the assistance would be documentation from the household, in * * * * * considered over and above the normal accordance with § 273.2(f)(4). 7. In § 273.9: grant or not part of the grant if the a. Paragraph (c)(1) is revised. * * * * * b. The first sentence of paragraph assistance is not included as a regular (3) Each licensed vehicle not (c)(7) is revised, a sentence is added component of the PA grant or benefit or excluded under paragraph (h)(1) of this after the first sentence, and the last the amount of assistance exceeds the section shall be evaluated individually sentence is removed. maximum rate of payment for the to determine its fair market value c. Paragraph (d)(4) is amended by relevant component. If the PA program resource exclusion limit, and that removing the words ‘‘$160 per month, is not composed of various standards or portion of the resource exclusion limit per dependent’’ in the last sentence and components but is designed to provide which exceeds $4,500 for FY 1993, shall adding in their place the words ‘‘$200 a basic monthly grant or payment for all be attributed in full toward the a month for each dependent child under eligible households and provides a household’s resource level regardless of two (2) years of age and $175 a month larger basic grant amount for all any encumbrances. The $4,500 fair for each other dependent’’. households in a particular category, e.g., market value resource exclusion limit The revisions read as follows: all households with infants, the larger for licensed vehicles shall remain in amount is still part of the normal grant effect through August 31, 1994. On § 273.9 Income and deductions. or benefit for such households and not September 1, 1994 through September * * * * * an ‘‘extra’’ payment excluded under this Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54281 provision. On the other hand, if a fire be treated the same as educational household are excluded from income destroyed a household item and a PA assistance payable directly to the because they are not otherwise payable program provides an emergency amount household. to the household. For example, a court paid directly to a store to purchase a (v) Vendor payments that are awards support payments in the amount replacement, such a payment is reimbursements. Reimbursements made of $400 a month and in addition orders excluded under this provision. If the PA in the form of vendor payments are $200 to be paid directly to a bank for program is not composed of various excluded on the same basis as repayment of a loan. The $400 payment standards, allowances, or components reimbursements paid directly to the is counted as income and the $200 but is simply designed to provide household in accordance with payment is excluded from income. assistance on an as-needed basis rather paragraph (c)(5) of this section. Support payments not required by a than to provide routine, regular monthly (vi) Demonstration project vendor court order or other legally binding benefits to a client, no exclusion would payments. In-kind or vendor payments agreement (including payments in be granted under this provision because which would normally be excluded as excess of the amount specified in a the assistance is not provided over and income but are converted in whole or in court order or written agreement) which above the normal grant, it is the normal part to a direct cash payment under a are paid to a third party on the grant. If it is not clear whether a certain federally authorized demonstration household’s behalf shall be excluded type of PA vendor payment is covered project or waiver of provisions of from income. under this provision, the State agency Federal law shall be excluded from * * * * * shall apply to the appropriate FCS income. (7) The earned income (as defined in Regional Office for a determination of (vii) Other third-party payments. paragraph (b)(1) of this section) of any whether the PA vendor payments Other third-party payments shall be household member who is under age 22, should be excluded. The application for handled as follows: moneys legally who is an elementary or secondary this exclusion determination must obligated and otherwise payable to the school student, and who lives with a explain the emergency or special nature household which are diverted by the natural, adoptive, or stepparent or under provider of the payment to a third party of the vendor payment, the exact type of the parental control of a household for a household expense shall be assistance it is intended to provide, who member other than a parent. For counted as income and not excluded. If is eligible for the assistance, how the purposes of this provision, an a person or organization makes a assistance is paid, and how the vendor elementary or secondary school student payment to a third party on behalf of a payment fits into the overall PA benefit is someone who attends elementary or household using funds that are not standard. A copy of the rules, secondary school, or who attends owed to the household, the payment ordinances, or statutes which create and classes to obtain a General Equivalency shall be excluded from income. This authorize the program shall accompany Diploma that are recognized, operated, distinction is illustrated by the the application request. or supervised by the student’s state or following examples: (ii) General assistance (GA) vendor local school district, or who attends (A) A friend or relative uses his or her payments. Vendor payments made elementary or secondary classes through own money to pay the household’s rent a home-school program recognized or under a State or local GA program or a directly to the landlord. This vendor comparable basic assistance program are supervised by the student’s state or local payment shall be excluded. school district. * ** excluded from income except for some (B) A household member earns wages. vendor payments for housing. A However, the wages are garnished or * * * * * housing vendor payment is counted as diverted by the employer and paid to a 8. In § 273.10: a. The third sentence of paragraph income unless the payment is for: third party for a household expense, (a)(1)(ii) is amended by adding the (A) Assistance provided for utility such as rent. This vendor payment is words ‘‘of more than one month, fiscal costs; counted as income. However, if the (B) Energy assistance (as defined in or calendar depending on the State’s employer pays a household’s rent paragraph (c)(11) of this section); issuance cycle,’’ after the words (C) Housing assistance from a State or directly to the landlord in addition to ‘‘following any period’’, replacing the local housing authority; paying the household its regular wages, comma after the words ‘‘not certified for (D) Emergency assistance for migrant the rent payment shall be excluded from participation’’ with a period, and or seasonal farmworker households income. Similarly, if the employer removing the remainder of the sentence. while they are in the job stream; provides housing to an employee in b. The fourth sentence of paragraph (E) Housing assistance for households addition to wages, the value of the (a)(1)(ii) is removed and a new sentence living in transitional housing for the housing shall not be counted as income. is added in its place. homeless; (C) A household receives court- c. Paragraphs (a)(2)(ii) and (a)(2)(iii) (F) Emergency or special payments (as ordered monthly support payments in are removed, and the designation for defined in paragraph (c)(1)(i)(F) of this the amount of $400. Later, $200 is paragraph (a)(2)(i) is removed. section; or diverted by the provider and paid d. Newly redesignated paragraph (G) Assistance provided under a directly to a creditor for a household (a)(2) is further amended by adding the program in a State in which no GA expense. The payment is counted as words ‘‘more than one month’’ after the payments may be made directly to the income. Money deducted or diverted words ‘‘If an application for household in the form of cash. from a court-ordered support or alimony recertification is submitted’’ in the third (iii) Department of Housing and payment (or other binding written sentence. Urban Development (HUD) vendor support or alimony agreement) to a third e. The sixth sentence of paragraph payments. Rent or mortgage payments party for a household’s expense shall be (d)(1)(i) is amended by removing the made to landlords or mortgagees by included as income because the word ‘‘child’’ the first time it appears HUD are excluded. payment is taken from money that is and adding ‘‘dependent’’ in its place. (iv) Educational assistance vendor owed to the household. However, f. A sentence is added to the end of payments. Educational assistance payments specified by a court order or paragraph (d)(4). provided to a third party on behalf of other legally binding agreement to go g. Paragraph (e)(1)(i)(E) is amended by the household for living expenses shall directly to a third party rather than the removing the words ‘‘maximum amount 54282 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations of $160 per dependent’’ and adding in averaged in accordance with paragraph consultation with State and local their place the words ‘‘maximum (f) of this section. The earned income of officials. amount as specified under § 273.9(d)(4) an elementary or secondary school for each dependent’’. student excluded in accordance with Regulatory Flexibility Act h. A new paragraph (e)(2)(i)(E) is § 273.9(c)(7) shall be excluded until the This rule has been reviewed with added. budget month following the budget regard to the requirements of the i. Paragraph (f)(2) is removed and month in which the student turns 22. Regulatory Flexibility Act of 1980 (5 reserved. *** The additions read as follows: U.S.C. 601–612). Ellen Haas, Under * * * * * Secretary for Food, Nutrition, and § 273.10 Determining household eligibility Dated: September 27, 1996. Consumer Services, has certified that and benefit levels. Ellen Haas, this rule will not have a significant (a) Month of application. Under Secretary for Food, Nutrition, and economic impact on a substantial (1) Determination of eligibility and Consumer Services. number of small entities. State and local benefit levels. * * * [FR Doc. 96–26072 Filed 10–16–96; 8:45 am] welfare agencies will be the most (ii) * * * For purposes of this BILLING CODE 3410±30±U affected to the extent that they provision, a household is not administer the Program. considered to be the same household as the previously participating household 7 CFR Parts 271, 272, 273, and 275 Paperwork Reduction Act if the certification worker has [Amendment No. 362] established a new food stamp case for This final rule contains information the household because of a significant RIN 0584±AB58 collection requirements subject to change in the membership of the review by the Office of Management and previously participating household. Food Stamp Program; Child Support Budget (OMB) under the Paperwork *** Deduction Reduction Act of 1995 (Pub. L. 104–13). * * * * * AGENCY: Food and Consumer Service, The reporting and recordkeeping burden (d) Determining deductions. * * * USDA. associated with the application, certification, and continued eligibility of (4) Anticipating expenses. * * * If a ACTION: Final rule. child in the household reaches his or food stamp applicants is approved her second birthday during the SUMMARY: This rule implements a under OMB No. 0584–0064. certification period, the $200 maximum provision of the 1993 Mickey Leland To receive the child support dependent care deduction defined in Childhood Hunger Relief Act deduction authorized by 7 CFR 273.9(d) § 273.9(d)(4) shall be adjusted in establishing a deduction for households of this rule, households must report the accordance with this section not later that make legally obligated child child support obligation and amounts than the household’s next regularly support payments to or for a paid on the application form and scheduled recertification. nonhousehold member. The provision provide verification. The methodology * * * * * results in increased benefits for used to determine the current burden (e) Calculating net income and benefit households that pay child support, estimates for all applications assumes thereby enabling more parents to meet levels. * * * that every applicant will complete every (2) Eligibility and benefits. their legal obligation. A proposed rule line item on the application form. The (i) * * * was published December 8, 1994. (E) If a household contains a student model food stamp application and the DATES: The provisions of this rule are model application worksheet were whose income is excluded in effective December 16, 1996. accordance with § 273.9(c)(7) and the revised in 1995 to include a line for the FOR FURTHER INFORMATION CONTACT: student becomes 22 during the month of child support deduction and the Margaret Werts Batko, Assistant Branch application, the State agency shall associated burden is included in the Chief, Certification Policy Branch, exclude the student’s earnings in the current burden estimate of .2290 hours Program Development Division, Food month of application and count the per response. Therefore, the amendment and Consumer Service, USDA, 3101 student’s earnings in the following to 7 CFR 273.9(d) made by this rule to Park Center Drive, Alexandria, Virginia, month. If the student becomes 22 during add a child support deduction does not 22302, or (703) 305–2516. the certification period, the student’s alter the current burden estimate. income shall be excluded until the SUPPLEMENTARY INFORMATION: Section 273.12(a) of this rule requires month following the month in which Executive Order 12866 that households report changes in the the student turns 22. legal obligation to pay child support This rule has been determined to be * * * * * during the certification period; changes significant and was reviewed by the 9. In § 273.21, the first sentence of in the amount of child support paid Office of Management and Budget in paragraph (j)(1)(vii)(A) is revised and a must be reported when the household new sentence is added after the first conformance with Executive Order 12866. applies for recertification. The rule sentence to read as follows: allows State agencies to require Executive Order 12372 § 273.21 Monthly Reporting and households to report child support Retrospective Budgeting (MRRB) The Food Stamp Program is listed in information monthly or quarterly. * * * * * the Catalog of Federal Domestic Section 273.10(f) provides that (j) State agency action on reports. Assistance under No. 10.551. For the households that are not required to (1) Processing. * * * reasons set forth in the final rule in 7 report the amount of child support paid (vii) * * * CFR 3015, Subpart V and related Notice during the certification period on a (A) Earned and unearned income (48 FR 29115), this Program is excluded monthly or quarterly report shall be received in the corresponding budget from the scope of Executive Order certified for no more than 6 months. month, including income that has been 12372 which requires intergovernmental State agencies that currently require Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54283 monthly reporting by some categories of Washington, D.C. 20250. Comments and establish a deduction. The requirement households may require monthly recommendations on the proposed to establish a deduction is mandated by reporting households entitled to the information collection must be received statute and is not subject to comment. child support deduction to report by December 16, 1996. All other comments are addressed changes in child support on that report. below. Executive Order 12778 This option does not alter the current burden estimate for the monthly report This rule has been reviewed under 1. Allowable Deductions form of .1617 hours per response Executive Order 12778, Civil Justice A. Legal obligation. We proposed to because these households are already Reform. This rule is intended to have add a new paragraph to 7 CFR 273.9(d) included in the number of households preemptive effect with respect to any to provide that households would be used to determine household burden State or local laws, regulations or eligible for a deduction for child associated with the monthly report policies which conflict with its support paid by a household member to form. provisions or which would otherwise or for a nonhousehold member, State agencies that do not use impede its full implementation. This provided the household member was monthly reporting to obtain information rule is not intended to have retroactive legally obligated to pay child support. about child support payments may effect unless so specified in the DATES Section 273.2(f)(10)(xii) of the proposed require households to report child paragraph of this preamble. Prior to any rule provided that a legal obligation support information quarterly. State judicial challenge to the provisions of entitling a payor to the deduction could agencies may use the change report form this rule or the application of its be established by a court or currently used for reporting other provisions, all applicable administrative administrative order or a legally changes or may develop a separate procedures must be exhausted. enforceable separation agreement. report form. The change report form will Regulatory Impact Analysis Alimony payments would not be also be used for households that do not deductible. report monthly or quarterly to report Need for Action changes in the child support obligation. This action is required as a result of Comments The current estimate of burden hours the Mickey Leland Childhood Hunger Three of the seven comments on this assumes that every household will Relief Act which amends the Food provision supported the proposal. Two submit at least one change report form Stamp Act of 1977, as amended, to commenters suggested that payments be during its certification period. establish a child support deduction for allowed even if they are not legally Therefore, the estimated number of households that pay legally obligated obligated and another indicated that a reports received is related to the length child support to a nonhousehold deduction should be allowed for the full of a household’s certification period. member. amount paid even if the payment Under this rule, some households exceeds the amount the household would be recertified or submit a Benefits member is legally obligated to pay. quarterly report in lieu of a change The child support deduction will Commenters also requested clarification report. The current burden estimate for increase the number of potentially of the terms ‘‘legally enforceable the change report form already takes eligible food stamp recipients and will separation agreement’’ and into account the variations in the length increase the benefit level of households ‘‘administrative process’’ as an of certification periods. Therefore, the eligible for the deduction. requirement to report certain changes in alternative to a court order. Costs child support is not expected to alter the Response current burden estimate of .1617 hours It is estimated that this action will per response for the change report form. increase the cost of the Food Stamp The Leland Act allows a deduction Comments. Comments are invited on: Program by $125 million in Fiscal Year only for ‘‘legally obligated’’ child (a) whether the proposed collection of 1996; $130 million in Fiscal Year 1997; support; therefore, we are unable to information is necessary for the proper and $145 million in Fiscal Year 1998. allow a deduction for amounts the performance of the functions of the household member is not legally agency, including whether the Background obligated to pay. State agencies may information will have practical utility; On December 8, 1994, we published determine what constitutes a legal (b) the accuracy of the agency’s estimate a proposed rule at 59 FR 63265 to obligation to pay child support under of the burden of the proposed collection implement section 13921 of the Mickey State law. As used in the proposed rule, of information, including the validity of Leland Childhood Hunger Relief Act, a ‘‘legally enforceable separation the methodology and assumptions used; Chapter 3, Title XIII, Omnibus Budget agreement’’ is a contract between the (c) ways to enhance the quality, utility Reconciliation Act of 1993, Pub. L. 103– parties that would be enforceable and clarity of the information to be 66, enacted August 10, 1993, (Leland through court action. State agencies may collected; and (d) ways to minimize the Act), which amends section 5(e) of the apply State law to determine what is an burden of the collection of information Food Stamp Act to add a deduction for enforceable contract. The term on those who are to respond, including legally obligated child support ‘‘administrative process’’ refers to the through the use of appropriate payments made by a household member process authorized by State law for automated, electronic, mechanical, or to or for a nonhousehold member. establishing an obligation to pay child other technological collection We accepted comments through support and determining the amount of techniques or other forms of information February 6, 1995, and received letters child support. We believe the term technology. Comments may be sent to from 27 commenters, including State ‘‘legally obligated child support Wendy Taylor, OIRM, Room 404–W, and local welfare agencies, State child payments’’ is consistent with the Office of Management and Budget, support enforcement (CSE) agencies, legislation and sufficiently broad to Paperwork Reduction Project (OMB No. and State employees. We are not allow application of State law and 0584–0064), Washington, D.C. 20503 addressing comments that are technical procedures. As indicated below in the and Department of Agriculture, or beyond the scope of this rulemaking discussion of verification requirements, Clearance Officer, OIRM, AG Box 7630, or comments on the requirement to we are not including in this final rule 54284 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations the proposed examples of a legal support be allowed as a deduction, vendor payments. We believe the intent obligation. while other commenters believed these of Congress is to allow vendor payments The proposed rule would have payments should not be deductible. if the household member has a legal provided in § 273.9(d)(7) that a Other commenters were concerned that obligation to pay them. As reported in deduction be allowed for child support the types of payments considered to be the preamble to the proposed rule at 59 payments paid by a household member child support would be different for FR 63266, the legislative history of the ‘‘to or for a nonhousehold member. food stamp and CSE purposes. Leland Act states: ‘‘Since the purpose of ** *’’ Subsequent to publication of the this amendment is to encourage absent Response proposed rule, it came to our attention parents to live up to the full extent of that an obligation to pay child support We are not providing detailed their child support obligations, the may continue even if the child or the requirements for determining the value of legally binding child support child and other parent are in the same amount of the allowable health that is provided in-kind, such as household as the individual paying the insurance premium because this may payments of rent directly to the child support. This may occur, for vary with the type of coverage and the landlord, would also be eligible for this example, if the child moves back and nature of the obligation. We believe deduction.’’ See 114 Congressional forth between parents or if the payor has State agencies are in a better position to Record S10726, August 6, 1993. a continuing obligation to make work out a method that is reasonable To satisfy the requirement that the arrearage payments to the State Child and not overly burdensome. Employers deduction be allowed only for legally Support Enforcement (CSE) agency after or insurers could be contacted for obligated child support and the desire of the family is reunited. information regarding the best proration Congress to include vendor payments as The regulation as proposed would not method. allowable deductions, we are clarifying have prohibited allowing the deduction The household member may make in this rule that any legally obligated when a legally obligated child support vendor payments for various expenses payments made, whether directly to or payment was made to an individual or of the nonhousehold member, but for the nonhousehold member or agency outside the household even if unless the household member is legally indirectly as a vendor payment, are the child for whom the support was obligated to pay the expense, the deductible. We are not adopting the paid was a household member. payments are not deductible. A legally examples of vendor payments included Therefore, we believe there is no need obligated payment is deductible in the proposed rule (health insurance to revise the proposed language. No whether it is made as a vendor payment payments and payments to utility deduction would be allowed, of course, or as a direct payment to or for the providers or landlords) because they are if a child support payment is made to nonhousehold member. Absence of discussed in the preamble and are not a household member. designation of a method of payment needed in the final rule. B. Vendor payments. The proposed (directly to the household or indirectly The proposed rule included rule provided in new § 273.9(d)(7) that to a provider) in the court order or references to verification and reporting payments a noncustodial parent makes separation agreement does not prevent requirements in new § 273.9(d)(7). Since to a third party (such as a landlord or the payment from being deductible as these requirements are contained in utility company) on behalf of the long as it can be verified. We are unable other sections of current regulations, we nonhousehold member (vendor to allow vendor payments obligated are removing any reference to payments) would be included in the under an alimony or spousal support verification and reporting requirements deduction. Also, the rule proposed that order because the Leland Act limits the from § 273.9(d)(7) in the final rule. legally obligated vendor payments made deduction to child support payments. The proposed requirement to allow a by the noncustodial parent to obtain Child support is generally paid deduction for legally obligated child health insurance for the child would be through a court or State child support support payments made to third parties deductible. enforcement agency or directly to the is adopted as final at § 273.9(d)(7), with household containing the child. We Comments clarifications and removal of consulted with the Office of Child unnecessary language. Eight commenters addressed vendor Support Enforcement of the U.S. C. Arrearages. The proposed rule payments and several had questions Department of Health and Human provided in new § 273.9(d)(7) that regarding how the allowable portion of Services in developing both the households with at least a 3-month the noncustodial parent’s health proposed rule and this final rule. Unlike record of child support payments would insurance premium would be the Food Stamp Program, CSE does not be eligible for a deduction for amounts determined. One commenter earmark payments made toward various paid toward child support arrearages in recommended that a deduction be aspects of a child support obligation, addition to the current month’s allowed for any vendor payment made but instead reflects the total child obligation. Households with less than a by a noncustodial parent on behalf of a support paid. A household member may 3-month record would not be allowed a nonhousehold member. A State agency be required to pay rent or medical deduction for arrearages, or back asked whether a deduction is allowed expenses on behalf of a nonhousehold payments. when the noncustodial parent pays a member, for example, but the amount landlord but the method of payment would be included in the total amount Comments (whether the payment is to be made the household member is ordered to pay Seven State agencies commented on directly to or for the nonhousehold instead of being itemized in the CSE this provision. Three supported the member or indirectly as a vendor record. Therefore, the payments shown proposal to allow a deduction for back payment) is not specified in the court in the CSE record may not match those payments and felt that a deduction order or separation agreement. Other reported and verified by the household. should be allowed even if the household commenters recommended that vendor Despite potential inconsistencies had no payment record. Three State payments for clothes or groceries not be between CSE records and food stamp agencies were concerned that allowing a deductible. Some commenters records of child support payments, we deduction for arrearages would result in recommended that vendor payments believe households should be allowed a a double deduction. They indicated that paid in lieu of alimony or spousal deduction for child support paid by allowing a deduction for arrearages Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54285 could skew an average and would make that this makes administration of the monthly amount of child support paid. estimating future arrearage payments provision more complex. The intent of The household would be responsible for difficult. One State agency asked if Congress was to minimize burdens on providing verification of the legal arrearages could be averaged into the State agencies and households. obligation, the obligated amount, and prospective obligation even when the Therefore, we have decided to allow a the amount paid. According to the court order did not address the deduction for arrearages even for proposed rule, the State agency would arrearage. Another State agency felt that households without a payment history. be required to accept documentation the total amount of the monthly State agencies will be able to anticipate verifying a household’s actual payment, deduction should be no more than the the likelihood of future payments based such as canceled checks, wage amount of the current obligation on a on the household’s available income. withholding statements, verification of monthly basis. State agencies also have the option of withholding from unemployment One commenter suggested that if budgeting the child support deduction compensation, and statements from the wages are being garnished for child retrospectively while budgeting other custodial parent regarding direct support, the full amount should be circumstances prospectively. payments or vendor payments the allowed even if it includes arrearages Verification of payments received could household member pays or expects to and the household does not have a be obtained, if necessary, from the pay. The proposed rule provided that payment history yet because payee. In addition, child support documents establishing an obligation to garnishment assures that it will be paid. arrearages are collected through pay would not be accepted as Three commenters asked how one-time garnishment of wages or unemployment verification of the household’s actual collections of past-due child support, benefits in some cases, and verification monthly child support payments. The such as tax refund intercepts, would be of the garnishment will be readily proposed rule would also have amended handled in estimating the deduction. available. As stated above, the 7 CFR 273.2(f)(8) to require verification Response deduction is intended for payments at recertification of the amount of ‘‘made.’’ In the case of arrearages where legally obligated child support a The Leland Act and its legislative no payment history has been household member pays to a history require that arrearage payments established, the State agency should nonhousehold member. be allowed in calculating a household’s exercise additional caution when Comments child support deduction. The Leland budgeting for the deduction. If the Act specifies that a deduction is to be eligibility worker has no basis for We received comments from five allowed for payments ‘‘made.’’ The expecting future payments toward commenters relating to various aspects legislative history at 114 Congressional arrearages, or no basis for expecting of the household verification Record S10725 indicates that the intent payments to equal those estimated by requirements and three comments of the provision is to encourage the the applicant, no arrearage amount concerning possible disputes between payment of child support: ‘‘Now these should be included in an average used payees and payors. One State agency payments are counted as income to the to project the deduction for the agreed with the proposal to require that family that pays them and to the family certification period. Provisions for both the legal obligation and actual that receives them. This is not only reducing the likelihood that households amount paid be verified. Another State unfair, it is a disincentive for absent will receive an inappropriate deduction agency thought there was an fathers to pay child support. We must are described with the budgeting and inconsistency between the provision in remove current disincentives for absent reporting requirements below. proposed § 273.9(d)(7) that no parents to take responsibility for their No amount would be budgeted based deduction be allowed if the household children.* * *’’ The Conference Report on amounts collected through tax fails or refuses to obtain necessary (House Report No. 213, 103d Congress, intercept. Unlike child support paid verification and the proposed 1st Session, 1993, p. 925) states: ‘‘The through garnishments from current requirement in new § 273.2(f)(1)(xii) managers do not intend for this income, child support collected through establishing the State agency’s procedure [averaging and retrospective tax intercept is taken from a lump sum responsibility for verifying entitlement budgeting] to deny a household a payment. The intent of the child to the deduction and the amount. A deduction for any child support actually support deduction is to make it possible State agency indicated that the paid.* * *’’ Income used to pay child for households to pay child support out responsibility for verification rests with support for a child in another household of available income. We believe it the payor, with appropriate help from depletes available income for support of would be inconsistent with this intent the worker. Another commenter asked the payor’s household. The child to allow a deduction for amounts what kind of verification should be support order or separation agreement collected through tax intercept. accepted in new cases. One commenter need not require payment of arrearages The proposed provision in new indicated that the rule provided a clear since the initial obligation to pay § 273.9(d)(7) to allow a deduction for definition of acceptable verification for already exists in the order or agreement; arrearage payments is adopted with a a legal obligation to pay child support nor is a payment schedule necessary for change to remove the requirement that but not for a legally enforceable the deduction to be allowed. The food households must have a payment separation agreement. Another stamp State agency may, however, work history to receive the deduction. indicated that any amount collected by with the CSE agency and the household CSE establishes that it was legally to establish such a schedule as the basis 2. Verification obligated. for anticipating the amount of A. Household verification. The One of the commenters indicated that deduction. proposed rule would have added a new many noncustodial parents do not keep We recognize that anticipating the mandatory verification requirement to good records and rely on the CSE amount of future arrearage payments the regulations at 7 CFR 273.2(f)(1). The agency to provide a record of child will be difficult. That is why the proposed rule provided that the State support payments. Another suggested proposed rule did not allow a deduction agency would verify the household’s that food stamp applicants without CSE for arrearages to households without a legal obligation to pay child support, the cases who want the deduction should be payment history. However, we realize amount of the obligation, and the required to open a CSE case. Making 54286 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations payments through CSE would facilitate agency may also obtain verification from interstate match, would not be cost- verification. CSE records, courts, or other sources. effective, (2) CSE systems do not contain Several commenters raised the issue State agencies may, but are not all the required information on all cases, of possible disputes between the required to compare the payee and (3) resolving discrepancies between custodial and noncustodial parents payor records when both are food stamp information provided by the household regarding the amount of child support households. We are not imposing a and that obtained from CSE records received and paid if both parents are requirement on State agencies to would be burdensome, (4) the match is members of food stamp households. compare payor and payee files each unnecessary because adequate One State agency wanted to know if the month because the payment and income verification is available from State agency is obligated to compare the amounts reflected legitimately may not households and other sources, and (5) amount reported as child support match. This could occur, for example, if CSE automated data systems are being income by the payee household with the the cases are on different reporting and implemented now and modifications amount claimed as a deduction by the budgeting systems, vendor payments are cannot be made at this time. payor household and to adjust the involved, or averaging is used. Commenters suggested that on-line figures if the amounts differ. The proposal to add a mandatory access to CSE records for advance Commenters were concerned about how verification requirement for the child verification would be preferable to a disputes would be resolved, and one support deduction to 7 CFR post-certification match. They requested suggested that no deduction be allowed 273.2(f)(1)(xii) is adopted as final with that the match requirement be if the amount of child support paid is clarification and removal of unnecessary eliminated, be made optional, or be disputed. language. Because of changes in the delayed until implementation of CSE final rule regarding the reporting Response automated data systems is completed. requirements for child support, we are In addition to concerns expressed We are modifying the proposed revising the requirement at 7 CFR about the matching requirement, some requirement to verify child support 273.2(f)(8)(i)(A) for verifying the amount State agencies had specific questions information to remove unnecessary of legally obligated child support at about its application. Two commenters language concerning the household’s recertification to require verification of questioned the necessity of notification responsibility to provide verification changes in the legal obligation, to applicants that child support and the types of acceptable including the amount of the obligation, information would be checked through documentation. Verification and the amount of child support the computer matching with CSE. One requirements, including the State household pays. We are also adding a commenter asked what action the State agency’s obligation to assist the sentence to provide that reportedly agency would be required to take if a household, the sources of verification unchanged information shall be verified CSE match showed a change greater and responsibility for providing only if the information is incomplete, than $50 in child support paid. Another verification are already included in the inaccurate, inconsistent or outdated. asked what action the State agency regulations at 7 CFR 273.2(f) (4) and (5). B. Matching requirements. Also should take if the household verified a If no verification is available because a included in § 273.2(f)(1)(xii) of the payment but CSE had no record. household member has recently become proposed rule was a requirement that responsible for paying child support, the State agency enter into agreements Response the State agency shall anticipate the with CSE agencies to obtain data The purpose in requiring State amount to be budgeted initially based regarding the child support obligation agencies to enter into an agreement with on verification of the amount of the and the household’s payment record CSE to match State agency records with obligation and the amount the from CSE automated data files before CSE records was to ensure that household member expects to pay recertification or, for households households would not continue to be monthly. (Requirements for budgeting certified for 3 months or fewer, prior to given a deduction when they were not and reporting changes are discussed alternate recertifications. The match actually making monthly payments. later in this preamble.) with the records of food stamp Under the proposed rule, there was no We agree with the commenter that the recipients receiving a child support requirement for reporting changes in existence of a CSE case makes it easier deduction was intended to provide a child support paid during the to verify that child support is or is not record of child support paid or to certification period unless the State being paid, and we would support State identify cases in which no payments agency required the household to report agency measures to encourage were recorded. The State agency would quarterly or monthly. We believed households to use CSE child support then have this information available for matching would enable the State agency services. However, we have no authority use at recertification. The proposed rule to verify the degree to which the to require that they do so. Services are at 7 CFR 273.2(b)(2) also would have household had met its obligation and available to any individual who is not required State agencies to notify determine whether it should continue to otherwise eligible as a recipient of Aid households on the application that child receive a deduction. to Families with Dependent Children support information may be verified We continue to believe that matching (AFDC) and/or Medicaid. We believe with CSE agencies or courts. the household’s food stamp record of the resolution of differences regarding child support payments with CSE claims of child support paid or received Comments records is beneficial. However, we have is best left to State agencies to address. The proposed matching requirement considered all comments and have If State agencies encourage payor generated more comments than any decided not to mandate a match. Where households to use canceled checks, other, and only two commenters found reasonable, State agencies should verify money order receipts, or receipts signed the proposal reasonable. Fourteen child support information by all means by the custodial parent as verification of commenters expressed concern about available. Many States may not yet be payment, there should be few occasions this requirement. State and county equipped to match child support when the verification is questionable. welfare offices and CSE agencies information via automated CSE agency Also, although the household is the objected to the requirement on the records. However, the goal is to ensure primary source for verification, the State grounds that (1) a match, particularly an that States take every opportunity to Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54287 verify data provided by a recipient For change reporting households commenter opposed the requirement to regarding another State or Federally without a record of at least 3 months of report changes in the legal obligation administered program. Verification paid, legally obligated child support, the between recertifications on the grounds could take place by match, by checking State agency would base the child that these changes rarely happen. available data on an on-line system or support deduction on anticipated Another State agency indicated that the by other means. Our expectation is that payments, exclusive of payments child support order will include the age State agencies will seek every toward arrearages. These households at which the legal obligation stops. The opportunity to institute an appropriate would have to report changes of more State agency can track that date and verification system between programs. than $50 from the amount used in the remove the deduction when the child We are leaving it up to State agencies most recent certification action, reaches that age. to determine the extent to which excluding payments toward arrearages, automated data systems can be used at until a payment history was established. Response this time. Some State agencies already They would also have to report changes We are retaining the three reporting have the capability of conducting on- in the legal obligation. and budgeting options contained in the line matches with CSE records and Under Option 2, quarterly reporting, proposed rule: change reporting with routinely consult these records before State agencies could require households prospective or retrospective budgeting, authorizing a deduction. We strongly claiming the child support deduction to quarterly reporting with prospective or encourage all State agencies to develop report their actual payments quarterly. retrospective budgeting, and monthly and use this capability as soon as These households would have the reporting with retrospective budgeting. possible. In the meantime, we believe payments budgeted either prospectively However, in response to comments, we the reporting and certification period or retrospectively. They would be are simplifying the requirements and requirements described below will required to report actual amounts paid providing increased State agency provide protection against abuse of the and changes in the legal obligation. flexibility. Under Option 3, monthly reporting, a deduction. As indicated by the legislative history, We also agree with the commenters State agency could require households Congress intended that regulations that the proposed amendment to 7 CFR claiming the child support deduction to implementing the child support 273.2(b)(2) requiring State agencies to report monthly. After the beginning deduction minimize burdens on State notify applicants on the application month or months, the household would agencies and households. The form that information provided may be have to be budgeted retrospectively and Conference Report (House Conference checked with CSE records is would report changes in the amount Report No. 213, 103rd Congress, 1st unnecessary. Regulations at 7 CFR paid and the legal obligation. Session, 1993, pages 925–26) states: 273.2(b)(3) require all State agencies to The proposed rule also provided that use an application form designed by for retrospectively budgeted households ‘‘For example, States could be permitted FCS unless a deviation is approved. The in the beginning month or months of to base a household’s deduction for a Food Stamp Program model application certification, the State agency would certification period on the average form (FCS–385) already contains either average past payments if the amount it paid in the prior certification language notifying households that household had a payment history or use period (with appropriate adjustments information provided by the applicant an estimate of child support the for any changes in the order) rather than will be compared with other Federal, household expected to pay, excluding having to keep track throughout a State and local records using computer arrearages, if the household had no certification period of how much the matching systems. Therefore, it is payment history. absent parent actually pays each month. unnecessary to amend 7 CFR 273.2(b)(2) The managers do not intend for this Comments to include the proposed specific notice procedure to deny a household a requirement, and we are not adopting Three of the eight commenters on deduction for any child support actually the proposed amendment. budgeting and reporting agreed with the paid, but rather the intention is to give proposal. We received no specific States the option to use consistent 3. Budgeting and Reporting comments on the proposal to allow budgeting procedures that would Requirements quarterly reporting of child support minimize the number of changes they The proposed rule provided State payments. would be required to make. State agencies three options for handling Several State agencies opposed the agencies correctly following such budgeting and reporting requirements reporting provisions as unnecessarily procedures would not be charged with for child support. Under Option 1, limiting and burdensome and indicated quality control errors if the amount of change reporting, the anticipated child that child support should be treated the child support that a household paid support payment would be budgeted same as any other type of income increased or decreased as long as the either prospectively or retrospectively. deduction. Others objected to the State agency adjusted the household’s For change reporting households with a proposed requirement that change allotment prospectively at its next record of 3 or more months of paid child reporting households without a recertification.’’ support, the State agency would average payment history report a change of more To more fully meet the intent of at least 3 months of legally obligated than $50 in child support paid and Congress and address the concerns of child support and use the average as the suggested alternative reporting commenters, we are modifying the household’s child support deduction for requirements. Several commenters reporting and budgeting requirements of the certification period, taking into objected to the averaging requirements the three options. This final rule allows account any anticipated changes in the for prospective and retrospectively State agencies the option of certifying legal obligation or other changes that budgeted households in proposed households receiving a child support would affect the payment. Households § 273.10(d)(8). We are not describing deduction more frequently or requiring with an established payment history of these comments individually because, periodic reporting of child support 3 or more months would have to report as indicated below, we are not adopting information. We believe this coincides only changes in the legal obligation that the proposed $50 reporting requirement with procedures State agencies occurred during the certification period. and the averaging requirements. One currently use for identifying changes in 54288 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations the circumstances of households with agencies may, but are not required to with 7 CFR 273.10(d) (2) through (5), or earnings. remind the household about other retrospectively, in accordance with 7 As proposed, a new § 273.12(a)(1)(vi) changes that have to be reported. They CFR 273.21(b) and (f)(2). The payments adds the requirement that households may also advise the household that the may be budgeted prospectively or report changes in the legal obligation to State agency will act on changes in retrospectively regardless of the pay child support. In accordance with 7 child support the household reports budgeting system used for the CFR 273.12(a)(2), the household would before submitting the quarterly report. household’s other circumstances. be required to report these changes The requirements in proposed Section 273.21(f)(2)(iv) currently within 10 days. Although changes in the paragraphs 273.12(b)(2) (iii), (iv), (v), provides that the State agency shall legal obligation may be infrequent, the (vi), and (x) for the quarterly report form budget deductible expenses prorated requirement to report such a change are already provided in 7 CFR over two or more months (except may prevent overissuance of benefits to 273.21(h)(2) (iii), (iv), (v), (vi) and (vii) medical expenses) either prospectively households no longer obligated to pay for the monthly reporting form. or retrospectively. We are adding a child support. Therefore, we are adding a reference in conforming amendment to 7 CFR Some State agencies may track the age § 273.12(b)(2) to 7 CFR 273.21(h)(2) (iii) 273.21(f)(2)(iv) to provide that the child of the child for whom the support is through (vii). With these changes, the support expense may be averaged and provided and the date when the proposed requirements for child support budgeted prospectively or obligation stops; others may rely on quarterly reporting are adopted as final. retrospectively. households to report the change. Under Option 3, the State agency may We received no comments on the Therefore, we are retaining the require categories of households to proposed amendment to 7 CFR 271.2 requirement. report child support information on a allowing use of an adequate notice in Under the change reporting option as monthly report. The proposed rule connection with quarterly reporting, modified by this rule, households with would have amended 7 CFR and the amendment is adopted as less than a 3-month record of child 273.21(h)(2) to add a paragraph proposed. support payments are not required to specifying that if a State agency elects With these changes, the final rule report a change of more than $50 in to require reporting of child support provides that State agencies shall either child support payments, as was payments on the monthly report form, require households receiving a child proposed. Under this final rule, a limit the State agency shall require the support deduction to report a change in on certification period length for these household to report changes in the the legal obligation to pay child support households would replace the reporting actual monthly amount of child support within 10 days of the date the requirement. The final rule provides at paid and any changes in the legal household becomes aware of a change § 273.10(f)(9) that State agencies are obligation to pay child support. We are or provide specified information required to certify change reporting not adopting this proposed amendment. periodically (monthly or quarterly). The households without a record of regular State agencies may determine what proposed provision at § 273.12(a)(4)(ii) child support payments for no more information households are required to which prohibits State agencies from than 3 months, as described under report on the monthly report. requiring households that report child ‘‘Certification Periods’’ below. State We are adopting with modification support information periodically to agencies are required to certify change the proposed amendment to add new report the same changes within 10 days reporting households with a payment paragraph (E) to 7 CFR 273.21(j)(3)(iii). is adopted as final. An option to use history for no more than 6 months. We received no comments on this frequent recertifications in place of Therefore, we are adopting as final the provision that the State agency shall not reporting requirements is discussed addition of paragraph (vi) to 7 CFR allow a child support deduction if the below. 273.12(a) to provide that change household does not report or verify We received one comment supporting reporting households are required to child support information the State the proposal regarding treatment of the report changes in the legal obligation to agency requires to be reported or deduction in households with a member pay child support. verified. who is ineligible because of alien status We are also modifying the As provided in the proposed rule and or failure to provide a social security requirements for option 2, quarterly required by section 6(c)(1)(A) of the Act, number. We proposed to handle the reporting, to increase State agency households excluded from monthly child support deduction the same way flexibility. We are not adopting the reporting and retrospective budgeting in as the shelter and dependent care provision of proposed § 273.12(a)(1)(vi) accordance with 7 CFR 273.21(b) cannot expenses of these households under 7 that would have required quarterly be required to report periodically, and CFR 273.11(c)(2)(iii). That is, that reporting households to report actual the State agency cannot use portion of the household’s allowable monthly amounts paid in addition to retrospective budgeting for the excluded child support expense which is paid by changes in the legal obligation or the households. Under all options, State the ineligible member is divided among provision in proposed § 273.12(a)(4)(i) agencies are required to act on any the household members, including the that the State agency would have to changes in child support payments ineligible member. All but the ineligible provide the household with the reported by the household that affect member’s share is counted as a quarterly report no later than the end of benefits or eligibility. deductible child support expense for the the second month in the quarter. The proposed sections 273.10(d)(8)(i), remaining members. Therefore, the We are also not adopting the (ii), (iii), and (iv) prescribing proposed amendment to 7 CFR 273.11 is provisions of proposed § 273.12(a)(4)(ii) requirements for averaging and adopted as final without change. and § 273.12(b)(2) (i) through (x) budgeting the child support deduction regarding the content of the quarterly are not being adopted because they are 4. Certification Periods report form. State agencies may unnecessary in light of the changes The proposed rule contained no determine and specify on the quarterly made in this rule. Under this final rule, requirements regarding certification report the child support information the § 273.10(d)(8) provides that State periods for households eligible for the household is required to report and the agencies may budget child support child support deduction. However, in date by which it must be reported. State payments prospectively, in accordance the preamble at 59 FR 63270 we Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54289 indicated that we were not proposing required to report periodically shall be Response certification period requirements assigned a certification period of no because current rules at 7 CFR more than 3 months. Households with Current regulations at 7 CFR 273.18 273.10(f)(4) already address the an established record of regular provide requirements for establishing certification period length for payments that are expected to continue inadvertent household error or IPV claims. If a household is required to households that experience frequent payments of the same amount and report a change in child support and and significant changes and those that frequency shall be certified for no more does not report the change, a claim will have more predictable circumstances. than 6 months if they are not required The preamble reflects the expectation be established in accordance with 7 CFR to report periodically. State agencies 273.18(c) (1) or (2). If the household is that households with a regular payment may establish their own procedures for record and households that report their not required to report a change during determining what constitutes a ‘‘record the certification period, a claim is not child support payments quarterly or of regular child support payments.’’ monthly would be certified for longer established because of failure to report periods (6 to 12 months) while Households required to report a change during that period. If the households with no payment record or periodically shall be assigned household provided false information or which have extreme monthly variations certification periods of not less than 6 verification, the household could be in payments would be certified for a months and not more than 12 months, charged with an IPV, in accordance with shorter period of time. unless a waiver has been approved. 7 CFR 273.16, or the State agency could pursue court action against the Comments Current regulations at 7 CFR 273.10(f)(3), (6), and (7) governing household member. If the individual is We received three comments on found to have intentionally violated certification periods for jointly certification periods. One State agency Program rules, an IPV claim would be processed PA or GA cases and elderly indicated that the problem of established in accordance with 7 CFR or self-employed households are based fluctuations in child support payments 273.18(c)(2). could be addressed by using limited on requirements of section 3(c) of the certification periods for households Food Stamp Act and shall continue to 6. Quality Control apply. We realize that under current receiving the deduction. Another State In accordance with the legislative regulations, frequent recertifications can agency agreed with the statement in the history of the child support deduction be a burden for both households and preamble of the proposed rule that provision (House Conference Report No. State agencies. However, a proposed establishing special certification period 213, 103rd Congress, lst Session (1993) rule titled ‘‘Simplification of Program requirements was not necessary. p. 925), the proposed rule would have Rules’’ published January 11, 1995, Another commenter asked that ‘‘short added a new paragraph (ix) to 7 CFR period’’ as used in the preamble be would, when final, simplify the 275.12(d)(2) to provide that any defined and asked whether a minimum recertification process to greatly reduce variance in a child support deduction certification period would be required. the burden on households and State which was the result of an unreported agencies. Households that establish a Response change subsequent to the most recent regular child support payment history As indicated above in the discussion certification action shall be excluded will benefit by having less frequent from the error determination. As about reporting and budgeting recertifications. requirements, we have reconsidered our indicated in the preamble to the position on the need for certification Therefore, this rule amends 7 CFR proposed rule at 59 FR 63270, the QC period limits in connection with the 273.10(f) to add a new paragraph (9). It system would review the accuracy of child support deduction. We agree with requires State agencies to certify the deduction at the most recent the commenter that assigning limited households eligible for a child support certification action prior to the sample certification periods to households deduction for no more than 3 months if month. Any unreported change in actual claiming the deduction is one way to they have no record of regular child child support payments or obligation control for fluctuations in payments. support payments and are not required subsequent to the certification action Requiring households to report changes to submit periodic reports. Households would not be the basis for citing a periodically is another way. with a record of regular payments shall household reporting error or a State Under this rule State agencies can be certified for no more than 6 months agency error. A variance would exist if choose to use frequent recertifications unless they are required to submit the QC reviewer determined that the instead of reporting requirements to periodic reports. State agency did not apply the proper obtain information about changes in deduction at the most recent 5. Claims and Disqualification child support payments. To protect certification action or that the Program integrity, we believe it is Comments household reported a change after the necessary to set a limit on the number most recent certification action and the of months a household may participate One commenter asked whether a State agency failed to act or acted without some examination of the household would be charged with an improperly on the reported change. amount of child support actually being intentional Program violation (IPV) if it Comments paid. Therefore, this rule provides that claimed a deduction and then failed to if the State agency does not require report that the household member did The five State agencies that households to report changes in child not make the payment. The commenter commented on quality control support payments periodically during also asked whether a claim against the supported the proposed provision. the certification period, the State agency household would be established when a Response shall assign certification periods that deduction is granted but the household correspond to the extent to which the does not make the anticipated payment, The proposed addition of paragraph household has made regular payments. and what action would be taken if it was (ix) to 7 CFR 275.12(d)(2) regarding QC Households with no history of regular discovered that the household had variances in child support cases is child support payments who are not provided false verification. adopted as final without change. 54290 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations

7. Implementation such notification, the exclusionary provisions must be implemented for all The preamble to the proposed rule at period will begin with the required households that newly apply for 59 FR 63270 indicated that the child implementation date. Program benefits on or after either the required implementation date or the support provision of the Leland Act was List of Subjects effective September 1, 1994 and was date the State agency implemented the required to be implemented by October 7 CFR Part 271 provision prior to the required 1, 1995. Administrative practice and implementation date, whichever is procedure, Food stamps, Grant earlier. State agencies are required to Comments programs-social programs. adjust the cases of participating Two State agencies commented on the households at the next recertification, at proposed implementation requirements. 7 CFR Part 272 household request, or when the case is One indicated that the State agency Alaska, Civil Rights, Food Stamps, next reviewed, whichever comes first. would have a problem getting changes Grant programs-social programs, State agencies which fail to implement in place by October 1995, that there was Reporting and recordkeeping or adjust cases by the required no extra money for programming, and requirements. implementation date shall provide an additional 6 months would be restored benefits as appropriate. For 7 CFR Part 273 needed. The other State agency quality control purposes, any variances indicated that for States which Administrative practice and resulting from implementation of the implemented before the required date, procedure, Aliens, Claims, Food stamps, provisions are excluded from error there should be a paragraph explaining Fraud, Grant programs-social programs, analysis for 120 days from the required that only the overall policy intent, not Penalties, Records, Reporting and implementation date, in accordance the procedural steps such as CSE recordkeeping requirements, Social with 7 CFR 275.12(d)(2)(vii) and 7 matching and reporting, had to be security, Students. U.S.C. 2025(c)(3)(A). State agencies implemented at that time. which implement prior to the required 7 CFR Part 275 implementation date must notify the Response Administrative practice and appropriate regional office prior to In accordance with section 13971 of procedures, Food stamps, Reporting and implementation that they wish the the Leland Act, this final rule provides recordkeeping requirements. variance exclusion period to begin with that State agencies were authorized to Accordingly, 7 CFR parts 271, 272, actual implementation, as provided in 7 implement the child support deduction 273, and 275 are amended as follows: CFR 275.12(d)(2)(vii)(A). Absent such effective September 1, 1994, but were 1. The authority citation of parts 271, notification, the exclusionary period not required to implement the provision 272, 273, and 275 continues to read as will begin with the required until October 1, 1995. follows: implementation date. In accordance with Pub. L. 104–221, Authority: 7 U.S.C. 2011–2032. the Contract with America PART 273ÐCERTIFICATION OF ELIGIBLE HOUSEHOLDS Advancement Act of 1996, this final PART 271ÐGENERAL INFORMATION rule is effective December 16, 1996 and AND DEFINITIONS 4. In § 273.2: must be implemented no later than May a. a new paragraph (f)(1)(xiii) is added § 271.2 [Amended] 1, 1997. The provisions must be and implemented for all households that 2. In § 271.2, the definition of b. two new sentences are added at the newly apply for Program benefits on or ‘‘Adequate notice’’ is amended by end of paragraph (f)(8)(i)(A). after either the required implementation removing the words ‘‘in a Monthly The additions read as follows: date or the date the State agency Reporting and Retrospective Budgeting implements the provision prior to the system’’ and adding in their place the § 273.2 Application processing. required implementation date. State words ‘‘in a periodic reporting system * * * * * agencies are required to adjust the cases such as monthly reporting or quarterly (f) Verification. * * * of participating households at the next reporting.’’ (1) Mandatory verification. * * * recertification, at household request, or (xiii) Legal obligation and actual child when the case is next reviewed, PART 272ÐREQUIREMENTS FOR support payments. The State agency whichever comes first. State agencies PARTICIPATING STATE AGENCIES shall obtain verification of the which fail to implement by the required 3. In § 272.1, a new paragraph (g)(148) household’s legal obligation to pay child implementation date or adjust benefits is added to read as follows: support, the amount of the obligation, as required shall provide restored and the monthly amount of child benefits as appropriate. § 272.1 General terms and conditions. support the household actually pays. Variances resulting from * * * * * Documents that are accepted as implementation of the provisions of the (g) Implementation. * * * verification of the household’s legal final rule are excluded from error (148) Amendment No. 362. The obligation to pay child support shall not analysis for 120 days from the required provision of Section 13921 of Public be accepted as verification of the implementation date, in accordance Law 103–66 establishing a child support household’s actual monthly child with section 13951(c)(2) of the Leland deduction was effective September 1, support payments. State agencies may Act. State agencies which implement 1994, and was required to be and are strongly encouraged to obtain prior to the required implementation implemented no later than October 1, information regarding a household date must notify the appropriate 1995. The provisions of Amendment member’s child support obligation and regional office prior to implementation No. 362 are effective December 16, 1996 payments from Child Support that they wish the variance exclusion and must be implemented no later than Enforcement (CSE) automated data files. period to begin with actual May 1, 1997. State agencies shall The State agency shall give the implementation, as provided in 7 CFR implement the provisions no later than household an opportunity to resolve any 275.12(d)(2)(vii)(A). In the absence of the required implementation date. The discrepancy between household Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54291 verification and CSE records in (8) Child support deduction. State (vi) Changes in the legal obligation to accordance with paragraph (f)(9) of this agencies may budget child support pay child support. section. payments prospectively, in accordance * * * * * * * * * * with paragraphs (d)(2) through (d)(5) of (4) The State agency may require a (8) Verification subsequent to initial this section, or retrospectively, in household that is eligible to receive a certification. (i) Recertification. (A) accordance with § 273.21(b) and child support deduction in accordance ** * The State agency shall require a § 273.21(f)(2), regardless of the with § 273.9(d)(7) to report information household eligible for the child support budgeting system used for the required by the State agency regarding deduction to verify any changes in the household’s other circumstances. child support on a change report, a legal obligation to pay child support, the (e) Calculating net income and benefit monthly report, or quarterly report. The obligated amount, and the amount of levels. State agency shall process the reports in legally obligated child support a (1) Net monthly income. accordance with procedures for the household member pays to a (i) * * * systems used in budgeting the nonhousehold member. The State (F) Subtract allowable monthly child household’s income and deductions. agency shall verify reportedly support payments in accordance with The following requirements apply to unchanged child support information § 273.9(d)(7). quarterly reports: only if the information is incomplete, * * * * * (i) The State agency shall provide the inaccurate, inconsistent or outdated. (f) Certification periods. *** household a reasonable period after the * * * * * (9) Households eligible for a child end of the last month covered by the 4(a). In § 273.9, paragraphs (d)(7) and support deduction that have no record report in which to return the report. If (d)(8) are redesignated as paragraphs of regular child support payments or of the household does not file the report by (d)(8) through (d)(9) respectively and a child support arrearages and are not the due date or files an incomplete new paragraph (d)(7) is added to read as required to report child support report, the State agency shall provide follows: payment information required by the the household with a reminder notice § 273.9 Income and deductions. State agency periodically (monthly or advising the household that it has 10 days from the date the State agency * * * * * quarterly) during the certification period (d) Income deductions. *** shall be certified for no more than 3 mails the notice to file a complete (7) Child support deduction. Legally months. Households with a record of report. If the household does not file a obligated child support payments paid regular child support and arrearage complete report by the extended filing by a household member to or for a payments that are not required to report date as specified in the reminder notice, nonhousehold member, including payment information periodically the State agency shall determine the payments made to a third party on during the certification period shall be household’s eligibility and benefits behalf of the nonhousehold member certified for no more than 6 months. without consideration of the child (vendor payments). The State agency These requirements do not apply to support deduction. The State agency shall allow a deduction for amounts households whose certification periods shall not terminate the benefits of a paid toward arrearages. Alimony are established in accordance with household for failure to submit a payments made to or for a paragraphs (f)(3), (f)(6), or (f)(7) of this quarterly report unless the household is nonhousehold member shall not be section. Households required to report otherwise ineligible. The State agency included in the child support monthly or quarterly shall be assigned shall send the household an adequate deduction. certification periods in accordance with notice as defined in § 271.2 of this chapter if the household fails to submit * * * * * paragraph (f)(8) of this section. a complete report or if the information 5. In § 273.10: * * * * * a. The introductory text of paragraph contained on a complete report results § 273.11 [Amended] (d) is amended by adding the words in a reduction or termination of benefits. ‘‘child support’’ between the words 6. In § 273.11, The quarterly report shall meet the ‘‘shelter,’’ and ‘‘and medical’’. a. Paragraph (c)(1)(i) is amended by requirements specified in paragraph (b) b. A new paragraph (d)(8) is added. adding the words ‘‘child support,’’ after of this section. The State agency may c. Paragraph (e)(1)(i)(E) is amended by the words ‘‘dependent care,’’. combine the content of the reminder removing the reference ‘‘(e)(1)(i)(F)’’ and b. Paragraph (c)(2)(iii) is amended by notice and the adequate notice as long adding in its place a reference to adding the words ‘‘child support as the notice meets the requirements of ‘‘(e)(1)(i)(G)’’. payment,’’ after the word ‘‘allowable’’ in the individual notices. d. Paragraphs (e)(1)(i)(F) and the second sentence and after the word (ii) The quarterly report form, if (e)(1)(i)(G) are redesignated as ‘‘deductible’’ in the third sentence. required, shall be the sole reporting paragraphs (e)(1)(i)(G) and (e)(1)(i)(H) 7. In § 273.12: requirement for reporting child support respectively and a new paragraph a. A new paragraph (a)(1)(vi) is added. payments during the certification (e)(1)(i)(F) is added. b. Paragraph (a)(4) is redesignated as period. Households excluded from e. Newly redesignated paragraph paragraph (a)(5) and a new paragraph monthly reporting as specified in (e)(1)(i)(G) is amended by removing the (a)(4) is added. § 273.21(b) and households required to reference to ‘‘(e)(1)(i)(G)’’ and adding in c. The heading of paragraph (b), the submit monthly reports shall not be its place a reference to ‘‘(e)(1)(i)(H)’’. introductory text of paragraph (b)(1), required to submit quarterly reports. f. A new paragraph (f)(9) is added. * * * * * The additions and revisions read as and paragraph (b)(2) are revised. follows: The revisions and additions read as (b) Report forms. (1) The State agency follows: shall provide the household with a form § 273.10 Determining household eligibility for reporting the changes required in and benefit levels. § 273.12 Reporting changes. paragraph (a)(1) of this section to be * * * * * (a) Household responsibility to report. reported within 10 days and shall pay (d) Determining deductions. *** (1) * * * the postage for return of the form. The 54292 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations change report form shall, at a minimum, 7 CFR Parts 272 and 273 who receive assistance excluded from include the following: income and resources under this action. [Amendment No. 374] * * * * * Some currently participating student (2) A quarterly report form for RIN 0584±AB93 households could realize an increase in reporting changes in the child support benefits as a result of this action. Food Stamp Program: Treatment of obligation and payments shall be Educational and Training Assistance Executive Order 12778 written in clear, simple language and This proposed rulemaking has been meet the bilingual requirements AGENCY: Food and Consumer Service, reviewed under Executive Order 12778, described in § 272.4(b) of this chapter. USDA. Civil Justice Reform. This rule is The report shall meet the requirements ACTION: Final rule. intended to have preemptive effect with of § 273.21(h)(2)(iii) through (h)(2)(vii). respect to any State or local laws, * * * * * SUMMARY: On November 1, 1993, the Department published a proposed rule regulations or policies which conflict 8. In § 273.21: regarding the eligibility of students for with its provisions or which would a. Paragraph (f)(2)(iv) is amended by the Food Stamp Program and the otherwise impede its full adding a sentence at the end. treatment of educational and training implementation. This rule is not b. Paragraph (j)(3)(iii) is amended by assistance for food stamp purposes. intended to have retroactive effective removing the semicolon at the end of Public comments were solicited and dates unless so specified in the ‘‘Dates’’ paragraphs (j)(3)(iii)(A) and (j)(3)(iii)(B) considered. This rule finalizes the section of this preamble. Prior to any and adding a period in its place and by provisions regarding educational and judicial challenge to the provisions of adding a new paragraph (j)(3)(iii)(E). training assistance. The provisions this rule or the application of its The additions read as follows: regarding student eligibility were provisions all applicable administrative procedures must be exhausted. In the published final in a separate rule. § 273.21 Monthly reporting and Food Stamp Program the administrative retrospective budgeting (MRRB). EFFECTIVE DATE: This rule is effective procedures are as follows: (1) for * * * * * December 16, 1996. program benefit recipients—state (f) Calculating allotments for FOR FURTHER INFORMATION CONTACT: administrative procedures issued households following the beginning Certification Policy Branch, Program pursuant to 7 U.S.C. 2020(e)(1)) and 7 months. *** Development Division, Food Stamp CFR 273.15; (2) for State agencies— (2) Income and deductions. *** Program, Food and Consumer Service, administrative procedures issued (iv) * * * The State agency may USDA, 3101 Park Center Drive, pursuant to 7 U.S.C. 2023 set out at 7 average the child support expense and Alexandria, Virginia 22302; telephone: CFR 276.7 (for rules related to non- budget it prospectively or (703) 305–2520. quality control (QC) liabilities) or Part retrospectively. SUPPLEMENTARY INFORMATION: 283 (for rules related to QC liabilities); * * * * * (3) for program retailers and Executive Order 12866 wholesalers—administrative procedures (j) State agency action on reports. issued pursuant to 7 U.S.C. 2023 set out *** This final rule has been determined to be significant and was reviewed by the at 7 CFR 278.8. (3) Incomplete filing. *** Office of Management and Budget under The Department received one (iii) * * * Executive Order 12866. comment concerning Executive Order (E) If the household does not report or 12778. One commenter said that verify changes in child support, the Executive Order 12372 administrative procedures do not have State agency shall not allow a child The Food Stamp Program is listed in to be exhausted before judicial support deduction. the Catalog of Federal Domestic challenge and that the Department * * * * * Assistance under No. 10.551. For the should correct this misstatement and reasons set forth in the final rule in 7 avoid making such statements in future Part 275ÐPERFORMANCE CFR Part 3015, Subpart V and related rulemakings. While we believe that it REPORTING SYSTEM Notice (48 FR 29115, June 24, 1983), would have been fully within the 9. In § 275.12, a new paragraph this Program is excluded from the scope Secretary’s discretionary authority, as (d)(2)(ix) is added to read as follows: of Executive Order 12372 which granted in section 4(c) of the Food requires intergovernmental consultation Stamp Act (7 U.S.C. § 2013(c)), to § 275.12 Review of active cases. with State and local officials. establish an exhaustion requirement, this matter has now been specifically * * * * * Regulatory Flexibility Act (d) Variance identification. *** addressed by statute. Section 212(e) of This action has been reviewed with (2) Variances excluded from error the Federal Crop Insurance Reform and regard to the requirements of the analysis. *** Department of Agriculture Regulatory Flexibility Act of 1980 (5 (ix) Any variance in a child support Reorganization Act of 1994, P. L. 103– U.S.C. 601–612). The Under Secretary 354, requires persons to exhaust all deduction which was the result of an for Food, Nutrition, and Consumer unreported change subsequent to the administrative appeal procedures Services has certified that this action established by the Secretary or required most recent certification action shall be does not have a significant economic excluded from the error determination. by law before the person may bring an impact on a substantial number of small action in a court of competent * * * * * entities. State welfare agencies are jurisdiction against the Secretary, the Dated: September 27, 1996. affected to the extent that they must Department or an agency, office, officer, Ellen Haas, implement the provisions described in or employee of the Department. Under Secretary for Food, Nutrition, and this action. Potentially eligible and Consumer Services. currently participating households are Paperwork Reduction Act [FR Doc. 96–26068 Filed 10–16–96; 8:45 am] affected to the extent that they contain This rule does not contain reporting BILLING CODE 3410±30±U members who are eligible students and or recordkeeping requirements subject Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54293 to review by the Office of Management 101–392, the Carl D. Perkins Vocational Higher Education Act be included in the and Budget under the Paperwork and Applied Technology Education Act preamble. Part E of Title XIII of the Reduction Act of 1995 (P.L. 104–13). Amendments of 1990 (Perkins Act), Higher Education Act refers to the This rule removes 7 CFR enacted September 25, 1990, which Tribal Development Student Assistance 273.9(c)(10)(xi) which contains prohibits counting certain educational Revolving Loan Program. verification requirements for assistance received by students from a During the Regulatory Reform educational assistance, and instructs program funded by the Perkins Act as Initiative, the Department concluded State agencies to follow the verification income or resources when determining that it is not necessary to list all Federal requirements already outlined in the eligibility and benefits of student statutes that exclude resources as the 273.2(f). households. list is constantly changing and is This rule refers to but does not affect The Department accepted comments quickly outdated. The Department the current information collection on this rulemaking through January 2, routinely sends out policy memos requirements for 7 CFR 273.2(f). State 1994. Comments were received from updating the list of Federal statutes welfare agencies must verify certain eight State agencies, one public interest which provide for such exclusions. The information which affects household group, and one advocate. The comments Department believes that the regulations eligibility and benefits. Applicant concerning educational income are at 7 CFR 273.8(e)(11), which exclude households are required to provide the discussed below. Comments not related resources that are excluded for food necessary information to the State to the proposed changes are not stamp purposes by express provision of agency. The reporting and addressed. Federal statute, provide adequate recordkeeping burden associated with The proposed rule contained guidance. Therefore, the Department is the application, certification, and provisions on student eligibility and the not adopting the proposed revisions. continued eligibility of food stamp treatment of educational and training Instead, the Department is removing 7 applicants has been approved by the assistance. This rule finalizes only the CFR 273.8(e)(11)(x), since it is obsolete, Office of Management and Budget provisions concerning educational and and is instructing State agencies to (OMB) under OMB No. 0584–0064. training assistance. The provisions abide by 7 CFR 273.8(e)(11) and policy OMB approval includes the burden regarding student eligibility have been memos listing the Federal statutes associated with verification of finalized in a separate rule. which exclude resources for food stamp information provided on the food stamp A full explanation of the provisions in purposes. application. this final rule was contained in the Earned Income Background preamble of the proposed rule (58 FR 58463). The reader should refer to the Work Study and Fellowships as Earned On November 1, 1993, the Department preamble of that rule for a full proposed procedures to implement Income understanding of the provisions of this amendments to the Food Stamp Act of The November 1, 1993, regulation final rule. 1977, as amended, (7 U.S.C. 2011 et proposed to add a new paragraph, 7 CFR Since the proposed rule was seq.) (Food Stamp Act), as set forth in 273.9(b)(1)(vi) and to make a published, the Department has Sections 1715 and 1727 of Pub. L. 101– conforming amendment to 7 CFR undertaken a complete review of all the 624, the Mickey Leland Memorial 273.9(b)(2)(iv) which would define Food Stamp regulations in response to Domestic Hunger Relief Act of 1990 income from work study or a fellowship the President’s Regulatory Reform (Mickey Leland Act), enacted November with a work requirement as earned Initiative. The Department has 28, 1990, and Section 903 of Title IX of income. As such, it would be subject to considered ways to reform the Program the Food, Agriculture, Conservation, the provisions of 7 CFR 273.9(d)(2), regulations in order to remove overly and Trade Act Amendments of 1991 which provide for a 20 percent earned prescriptive provisions, eliminate (1991 Technical Amendments), enacted income deduction. The Department outdated and redundant regulatory December 13, 1991. Section 1715 of the received three comments, all in support requirements and increase State Mickey Leland Act, as amended by of the provision. flexibility. Several of the decisions the Section 903 of the 1991 Technical It has come to the Department’s Department has made on this final rule Amendments, establishes procedures for attention that there are also have been made with the Regulatory determining an income exclusion for assistantships which have a work Reform Initiative in mind and are noted certain educational assistance received requirement, such as working as a lab as such in the preamble. by eligible student households. Section assistant or teacher’s aide. To be 1727 of the Mickey Leland Act amended Resources consistent with the treatment of income the Food Stamp Act to grant eligibility from work study and fellowships with Resource Exclusions for participation in the Food Stamp a work requirement, the Department is Program (Program) to certain college The November 1, 1993, regulation adopting the proposed change at 7 CFR students currently considered ineligible proposed to revise 7 CFR 273.9(b)(1)(vi) with a modification. It to participate. 273.8(e)(11)(xi) to conform to provisions will now state that earned income Procedures were also proposed for in the Higher Education Act and the includes educational assistance which implementing amendments to the Perkins Act. In the interim, 7 CFR has a work requirement (such as work Higher Education Act of 1965 as set 273.8(e)(11)(xi) has been redesignated as study, an assistantship or fellowship forth in Sections 471 and 1345 of Pub. 273.8(e)(11)(x). These two laws exclude with a work requirement) in excess of L. 102–325, the Higher Education resources for student assistance funded the amount excluded under 7 CFR Amendments of 1992, enacted July 23, in whole or in part under Title IV and 273.9(c)(3). The Department is making a 1992. Those sections prohibit certain Part E of Title XIII of the Higher conforming amendment at 7 CFR Federal educational assistance from Education Act and the Perkins Act. 273.9(b)(2)(iv), the definition of being considered as income and The Department received three unearned income, adding a more resources for food stamp purposes. comments concerning this provision. general phrase, ‘‘other than educational Lastly, procedures were proposed for Two supported it. One suggested that a assistance with a work requirement,’’ in implementing a provision of Pub. L. definition of Part E of Title XIII of the order to capture work study, fellowships 54294 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations and assistantships with a work personal expenses as ‘‘other than room that any expense, in whole or part, requirement. and board’’, at least for assistance covered by educational income which The November 1, 1993, rule proposed provided under the Perkins Act, has been excluded pursuant to the to include at 7 CFR 273.9(c)(3) a miscellaneous personal expenses should provisions of 7 CFR 273.9(c)(3) shall not provision that the 20 percent earned be defined as such. be deductible. income deduction required by The Department believes that using One commenter suggested that the paragraph (d)(2) of this section shall be the same definitions for educational Department clarify that there is no applied to income from work study and income received from various sources maximum amount of dependent care income from a fellowship with a work will simplify the treatment of that can be excluded. The Department requirement after allowable exclusions educational assistance. The Food Stamp intended that there should be no limit are made pursuant to paragraph (c)(3) of Act offers the Department some as to the amount of dependent care this section. This is already covered by discretion in this area. Therefore, the expenses that may be excluded from 7 CFR 273.9(b)(1)(vi), as amended by Department has decided to adopt one of educational assistance based on this rule, and 7 CFR 273.9(d)(2). To the commenter’s suggestions and revise earmarking. However, if a student pays include a similar provision at 7 CFR its definition of miscellaneous personal more for dependent care than is 273.9(c)(3) would be redundant. expenses and normal living expenses. In earmarked, the additional amount may Therefore, the Department is not this final rule at 7 CFR 273.9(c)(3), be deducted in accordance with 7 CFR adopting the proposed addition to 7 miscellaneous personal expenses will 273.9(d)(4). This additional amount is CFR 273.9(c)(3). include all personal expenses other than then subject to 7 CFR 273.9(d)(4) which room and board. Normal living expenses provides for a maximum limit per Allowable Expenses will include only room and board. dependent. The final rule, at 7 CFR Mandatory School Fees Handling of Normal Living Expenses 273.9(c)(3), provides that dependent The November 1, 1993, rule proposed care costs which exceed the amount As mentioned above, normal living excludable from income shall be to expand the definition of mandatory expenses, defined as room and board, school fees to include the costs of rental deducted from income in accordance are not excludable. The November 1, with paragraph 7 CFR 273.9(d)(4) and be or purchase of equipment, materials, 1993, rule proposed at 7 CFR 273.9(c)(3) and supplies related to the pursuit of subject to a cap. that amounts earmarked as In the preamble of the proposed rule, the course of study involved. Two miscellaneous personal expenses which commenters supported this change. This the Department stated its intention to were obviously intended for normal include a provision that would prohibit provision is specifically provided for in living expenses shall not be excluded. It the Mickey Leland Act. The provision is amounts excluded from educational has come to the Department’s attention assistance for dependent care from also being adopted as final at 7 CFR that the grantor often cannot delineate 273.9(c)(3). being excluded under the general any further sums earmarked for reimbursement provision at 7 CFR Miscellaneous Personal and Normal miscellaneous personal expenses. If 273.9(c)(5)(i)(C). No comments opposed Living Expenses delineation is not possible, the entire this provision. However, this provision amount earmarked for miscellaneous The November 1, 1993, rule proposed was inadvertently left out of the personal expenses is excludable. proposed regulation itself. Therefore, at 7 CFR 273.9(c)(3) to allow an Therefore, the Department is not educational income exclusion based on this rule, at 7 CFR 273.9(c)(3) includes adopting the proposed change. Instead a provision stating that amounts earmarking or use for miscellaneous the Department is instructing States to personal expenses. excluded for dependent care costs under refer to 273.9(c)(3), as revised by this the provisions of 7 CFR 273.9(c)(3) shall The proposed rule used the definition rule, and exclude all amounts of miscellaneous personal expenses as not be excluded under the general earmarked for miscellaneous personal exclusion provisions of paragraph 7 CFR set forth in Section 5(d) of the Food expenses. Stamp Act: expenses (other than normal 273.9(c)(5)(i)(C). Dependent Care living expenses) of the student Exclusions From Income incidental to attending such school, The November 1, 1993, rule proposed institution or program. The Department at 7 CFR 273.9(c)(3) to allow an Types of Schools interpreted this definition of exclusion from educational assistance The November 1, 1993, rule proposed miscellaneous personal expenses as for amounts earmarked or used for at 7 CFR 273.9(c)(3) two additional meaning things such as subscriptions to dependent care. The Department types of educational programs which educational publications or dues for a received two comments in support of qualify a student for income exclusions professional association. The this provision. It is being adopted final based on allowable educational Department defined normal living at 7 CFR 273.9(c)(3). expenses: (1) vocational and technical expenses as food, rent, board, clothes, The rule also proposed to amend 7 schools, and (2) any program in which laundry, haircuts and personal hygiene CFR 273.10(d)(1)(i) to prohibit amounts students would receive a high school items. excluded from educational income for diploma or its equivalent. The Department received three dependent care costs pursuant to 7 CFR The Department received three comments regarding this proposal. In 273.9(c)(3) from also being deducted comments supporting the proposed general, the commenters were opposed from income under the current revision. Accordingly, the language is to the revised definitions of provision at 7 CFR 273.9(d)(4). Two being adopted as final without change at miscellaneous personal and normal commenters supported this provision. It 7 CFR 273.9(c)(3). living expenses. One commenter has come to the Department’s attention In the preamble of the proposed rule, suggested that all items other than room that there are expenses other than the Department stated its intention to and board should be considered dependent care which should be subject retain the definition of an institution of miscellaneous personal expenses. to the same restrictions. Therefore, this post-secondary education. However, Another commenter suggested that since final rule amends 7 CFR 273.10(d)(1)(i), this definition was inadvertantly left out the Perkins Act defines miscellaneous adding a more general phrase providing of the the proposed regulations itself. Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54295

Therefore, this final rule, at 7 CFR Amounts Earmarked for Allowable Exclusions Based on Use 273.9(c)(3), retains the definition of Expenses The November 1, 1993, rule proposed post-secondary education currently in to allow an exclusion of educational the regulations. The November 1, 1993, rule proposed to amend 7 CFR 273.9(c)(3) to include assistance if the student could show it was used for allowable expenses, or if Order of Income Exclusions a provision that after excluding amounts the amount used was in excess of excluded by other Federal law, States The November 1, 1993, rule proposed earmarked amounts. The Department shall then exclude educational to totally revise 7 CFR 273.9(c)(3) to received one comment disagreeing with assistance identified (earmarked) by the include a three-part procedure for the proposal to allow an exclusion institution, program or other grantor for excluding educational assistance. The based on use if a grant has already been the specific costs of tuition, mandatory first step was to totally exclude all earmarked for the same expense. school fees (including the rental or educational income excluded by other However, the Food Stamp Act of 1977, purchase of any equipment, materials, Federal laws. The second step was to as amended, specifically states that an and supplies related to the pursuit of exclude allowable educational expenses exclusion shall be granted for allowable based on earmarking. The third step was the course of study involved), books, expenses to the extent that they do not to exclude allowable educational supplies, dependent care, exceed the amount used for or made expenses the student could verify were transportation, and miscellaneous available for allowable expenses. used for excludable expenses. If earned personal expenses (other than normal This final rule at 7 CFR 273.9(c)(3) educational income such as work study living expenses). states that amounts used for the were involved, the expenses would be The Department received two allowable expenses of tuition, excluded from unearned educational comments regarding earmarking, each mandatory fees (including the rental or income first and the remainder of the suggesting different ways States could purchase of any equipment, materials, expenses would be excluded from determine what constitutes earmarking. and supplies related to the pursuit of earned educational income. The comments illustrate that each the course of study involved), books, supplies, dependent care, The Department received nine institution, program or grantor earmarks transportation, or miscellaneous comments on this proposal. Three student assistance differently. Since the personal expenses (other than normal supported the income exclusion process Food Stamp Act does not specify how living expenses which are room and as written. Six opposed the process for this assistance is to be earmarked, the board) of the student incidental to various reasons. For example, they Department has decided to give States attending a school, institution or found the process unnecessarily the flexibility to decide what constitutes program shall be excluded. complex, unjustifiably error-prone, and earmarking. difficult to automate. All six suggested One commenter wanted to verify that Additional Educational Assistance alternative ways of determining the the institution, school, program, or Issues grantor is able to earmark allowable amount of countable student assistance. Income Averaging expenses. It was always the In light of the alternative processes The November 1, 1993, rule proposed suggested by the commenters and Department’s intention that this be the case as it is clearly stated in the Food in 7 CFR 273.9(c)(3) to include a within the context of the Regulatory provision on income averaging. Reform Initiative, the Department has Stamp Act that amounts identified by the school, institution, program, or other However, 7 CFR 273.10(c)(3)(iii) already decided to give States the flexibility to addresses income averaging. The design procedures for excluding student grantor as allowable expenses shall be excluded. Department has decided that it is assistance that are more appropriate to redundant to address income averaging The Department received four their specific circumstances. Therefore, in two places. Therefore, in this final comments disagreeing with the proposal the Department is not adopting the rule, this provision is incorporated into to allow multiple exclusions based on proposed provision on the process that the educational proration provision at 7 earmarking. For example, when a States must follow to exclude income, CFR 273.10(c)(3)(iii). but is amending 7 CFR 273.9(c)(3) to student receives two grants earmarked The November 1, 1993, rule proposed include provisions on what shall be for tuition costs, both amounts that the first month educational income excluded, as explained in further detail earmarked for tuition shall be excluded, would be counted is the month in below. even though the total may be greater which it is received, although it would than the amount of the tuition. still be prorated over the period it is Amounts Excluded by Other Federal However, Section 5(d) of the Food Laws intended to cover. One State agency Stamp Act, as amended, states that supported prorating the income over the The November 1, 1993, rule proposed amounts made available as an allowance period it is intended to cover, but said to amend 7 CFR 273.9(c)(3) to include (earmarked) for tuition, mandatory fees, that not counting it until the student a provision that States shall first books, supplies, transportation and receives it would require additional exclude all educational income other miscellaneous personal expenses, reporting by the student. The State specifically excluded from must be excluded regardless of whether agency suggested budgeting student consideration as income by other or not the grants were actually used to income when it has been approved Federal statutes. The regulations at 7 pay all or part of these expenses. The rather than when it is received. CFR 273.9(c)(10) already provide for Department does not have the discretion The Department disagrees with the this. The Department has decided that to adopt these comments. recommendation of the commenter to include a similar provision in 7 CFR The proposed provision to exclude because it would result in students 273.9(c)(3) would be redundant. earmarked amounts is being adopted as having income counted before it is Therefore, the Department is not final at 7 CFR 273.9(c)(3) with a received. However, the Department adopting the proposed provision and is modification. The Department is not would like to avoid imposing instead instructing States to abide by 7 adopting the provision that states shall burdensome requirements on CFR 273.9(c)(10). exclude these amounts first. households or eligibility workers. 54296 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations

Therefore, the Department has decided because it had previously come up as a Verification to amend 7 CFR 273.10(c)(3)(iii) to give policy inquiry. Repayment for most The November 1, 1993, rule proposed States the option of counting the income types of Federal loans for education is to include verification requirements for either in the month it is received, or in deferred until after the student student income at 7 CFR 273.9(c)(3). the month the household anticipates graduates or until the student drops out The Department received six comments receiving it or receiving the first of school. On most non-deferred concerning this proposal. Two installment payment, although it would repayment loans, repayment must begin supported these provisions. Three still be prorated over the period it is within 60 days of receipt and is suggested different procedures for intended to cover. therefore, not excludable. The verifying student income. One suggested The November 1, 1993, rule also Department is adopting the proposed proposed at 7 CFR 273.9(c)(3) that when the verification requirements be placed provision with a modification at 7 CFR work study income (earned educational in one section of the regulations. The 273.9(c)(4). Reference to 7 CFR income) is received monthly and costs Department agrees with this commenter. of attendance are incurred on a less 273.9(c)(10)(xi) will no longer be Verification requirements are already frequent basis, the State agency would included because this final rule deletes outlined in 7 CFR 273.2(f). To include anticipate the work study income for the this section. separate verification requirements for student income would be redundant. appropriate quarter, semester, or year; Reimbursements exclude the allowable costs; and prorate Therefore, the Department has decided the remainder over the quarter, The November 1, 1993, rule proposed not to adopt the verification procedures semester, or year. One commenter at 7 CFR 273.9(c)(5) that educational as proposed. Instead, it is instructing supported treating work study income assistance provided for normal living States to follow the verification the same way as unearned educational expenses could not be excluded under requirements already outlined in 7 CFR assistance and prorating it over the the reimbursement provision and that 273.2(f). period it is intended to cover. all other reimbursements or allowances Technical Changes One commenter objected to this for educational assistance would be The reference to Section 1345(c) at 7 proposal because eligibility workers are handled under the educational income CFR 273.8 should have been 1343(c). not in the position to anticipate exclusion section. anything beyond the amount verified by The Department is correcting the The Department realizes that it is not the institution. This same commenter reference in this rule. necessary to list each type of suggested that the regulations should Implementation mandate the use of the verified amount. educational assistance. Therefore, in The Department believes that, in the this rule at 7 CFR 273.9(c)(5)(ii)(B), the State welfare agencies have been interest of consistency, work study list of educational income sources in the instructed through agency directive to income should be treated the same way first sentence has been removed and a implement the provisions of the as unearned educational income. States general reference to educational following laws as of the statutory may count it in the month it is received, assistance has been added. Also, for the effective dates without waiting for or count it the month the household purpose of clarity, the definition of formal regulations: the Higher anticipates receiving it or receiving the normal living expenses (room and Education Act Amendments of 1986, as first installment payment, although it is board) has been added. amended in 1987, for the 1988–89 school year; the Perkins Act on July 1, still prorated over the period it is Retrospective Budgeting intended to cover. 1991; the Mickey Leland Act (as amended by the 1991 Technical The final rule amends 7 CFR One commenter requested that the Amendments to the Food Stamp Act) on 273.(10)(c)(3)(iii) to provide that earned regulations allow State agencies to February 1, 1992, and the exclusions and unearned educational income, after retrospectively budget work study and contained in the Higher Education Act allowable exclusions, shall be averaged fellowships as well as other educational over the period it is intended to cover. Amendments of 1992 for the Tribal assistance. A rule titled ‘‘Miscellaneous Development Student Assistance The first month that educational income Provisions of the Food, Agriculture, shall be counted is either the month in Revolving Loan Program on October 1, Conservation, and Trade Act 1992, and for Title IV and BIA student which the income or the first Amendments of 1991 and Earned installment payment is received, or the assistance on July 1, 1993. Income Tax Credit Amendment’’ One commenter asked if the Title IV month in which the income or first published August 29, 1994, changed the installment payment is anticipated to be and BIA exclusion applies to school regulations to allow educational income periods beginning after July 1, 1993, or received, although it is still prorated (nonexcluded scholarships, deferred over the period it is intended to cover. to income received after that date. It educational loans, and other applies to income received for school Loans educational grants) to be budgeted periods beginning on or after July 1, The November 1, 1993, rule proposed either prospectively or retrospectively. 1993. The law specifically provides that to revise 7 CFR 273.9(c)(4) so that However, the Department agrees that, in the exclusion shall apply to award years educational loans on which repayment the interest of consistency, earned beginning after July 1, 1993. is deferred shall be excluded pursuant educational income should be treated Pursuant to Public Law 104–121, the to the provisions of 7 CFR 273.9(c)(3) the same as unearned educational Contract with America Advancement and that a loan on which repayment income. Accordingly, this rule revises 7 Act of 1996, this final rule is effective must begin within 60 days after receipt CFR 273.21(f)(2)(iii) so that earned and December 16, 1996; State agencies must would not be considered a deferred unearned educational income is implement it no later than March 1, repayment loan. required to be prorated over the period 1997. One commenter pointed out that this it is intended to cover in accordance State agencies will be required to provision was not discussed in the with 7 CFR 273.10(c)(3)(iii) and it shall adjust the cases of ongoing households preamble. This provision was included be budgeted either prospectively or at the next recertification, at household in the proposed rule for comment retrospectively. request, or when the case is next Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54297 reviewed, whichever comes first. If the Tribal Development Student veterans’ educational benefits and the implementation of the above Acts or Assistance Revolving Loan Program like. this rule is delayed, benefits shall be were effective and required to be (ii) To be excluded, educational restored, as appropriate, in accordance implemented on October 1, 1992, and assistance referred to in paragraph with the Food Stamp Act. for Title IV and BIA student assistance (c)(3)(i) must be: The preamble to the proposed rule on July 1, 1993. The provisions of (A) Awarded to a household member provided that any variance resulting Amendment No. 374 are effective enrolled at a: from implementation of the provision of December 16, 1996 and must be (1) Recognized institution of post- the subsequent final rule would be implemented by March 1, 1997. The secondary education (meaning any excluded from error analysis for 90 days current caseload shall be converted to public or private educational institution from the specified implementation dates these provisions at the household’s which normally requires a high school of such final rule. request, at the time of recertification, or diploma or equivalency certificate for One commenter pointed out that the when the case is next reviewed, enrollment or admits persons who are grace period should be 120 days. whichever occurs first. If beyond the age of compulsory school Section 13951 of the Mickey Leland implementation of the acts referenced in attendance in the State in which the Childhood Hunger Relief Act, P.L. 102– this paragraph or this amendment is institution is located, provided that the 66, enacted August 10, 1993, excludes delayed, benefits shall be restored, as institution is legally authorized or from the payment error rate any errors appropriate, in accordance with the recognized by the State to provide an resulting in the application of new Food Stamp Act. Any variance resulting educational program beyond secondary procedures for 120 days from date of from implementation of this amendment education in the State or provides a publication. Accordingly, variances shall be excluded from error analysis for program of training to prepare students resulting form implementation of the 120 days from March 1, 1997. for gainful employment, including provisions of the final rule are excluded correspondence schools at that level), from error analysis for 120 days from PART 273ÐCERTIFICATION OF (2) School for the handicapped, March 1, 1997. ELIGIBLE HOUSEHOLDS (3) Vocational education program, (4) Vocational or technical school, List of Subjects 3. In § 273.8, paragraph (e)(11)(x) is (5) Program that provides for 7 CFR Part 272 removed. obtaining a secondary school diploma or 4. In § 273.9: Alaska, Civil rights, Food stamps, the equivalent; a. A new paragraph (b)(1)(vi) is added; (B) Used for or identified (earmarked) Grant programs—social programs, b. paragraph (b)(2)(iv) is amended by by the institution, school, program, or Reporting and recordkeeping removing ‘‘fellowships’’ and adding the other grantor for the following allowable requirements. phrase ‘‘, other than educational expenses: 7 CFR Part 273 assistance with a work requirement,’’ (1) Tuition, after the word ‘‘like’’; Administrative practice and (2) Mandatory school fees, including c. paragraph (c)(3) is revised; the rental or purchase of any equipment, procedures, Aliens, Claims, Food d. paragraph (c)(4) is amended by stamps, Fraud, Grant programs—social material, and supplies related to the removing all text appearing after the pursuit of the course of study involved, programs, Penalties, Reporting and first sentence and adding two new recordkeeping requirements, Social (3) Books, sentences to the end of the paragraph. (4) Supplies, Security, Students. e. paragraph (c)(5)(i) is amended by (5) Transportation, Accordingly, 7 CFR Parts 272 and 273 removing paragraph (c)(5)(i)(D) and (6) Miscellaneous personal expenses, are amended as follows: redesignating paragraphs (c)(5)(i)(E), other than normal living expenses, of 1. The authority citation for Parts 272 (c)(5)(i)(F) and (c)(5)(i)(G) as paragraphs the student incidental to attending a and 273 continues to read as follows: (c)(5)(i)(D), (c)(5)(i)(E) and (c)(5)(i)(F), school, institution or program, Authority: 7 U.S.C. 2011–2032. respectively; (7) Dependent care, f. paragraph (c)(5)(ii) is amended by (8) Origination fees and insurance PART 272ÐREQUIREMENTS FOR revising paragraph (c)(5)(ii)(B) and by premiums on educational loans, PARTICIPATING STATE AGENCIES removing paragraph (c)(5)(ii)(C); (9) Normal living expenses which are 2. In § 272.1, a new paragraph (g)(149) g. paragraph (c)(10)(xi) is removed. room and board are not excludable. is added to read as follows: The revisions and additions read as (10) Amounts excluded for dependent follows: care costs shall not also be excluded § 272.1 General terms and conditions. under the general exclusion provisions § 273.9 Income and deductions. * * * * * of paragraph § 273.9(c)(5)(i)(C). (g) Implementation. * * * * * * * * Dependent care costs which exceed the (149) Amendment No. 374. The (b) Definition of income. *** amount excludable from income shall Higher Education Act Amendments of (1) * * * be deducted from income in accordance 1986, as amended in 1987, were (vi) Educational assistance which has with paragraph § 273.9(d)(4) and be effective and required to be a work requirement (such as work subject to a cap. implemented for the 1988–89 school study, an assistantship or fellowship (iii) Exclusions based on use pursuant year; the Perkins Act was effective and with a work requirement) in excess of to paragraph (c)(3)(ii)(B) must be required to be implemented on July 1, the amount excluded under incurred or anticipated for the period 1991; the Mickey Leland Act (as § 273.9(c)(3). the educational income is intended to amended by the 1991 Technical * * * * * cover regardless of when the Amendments to the Food Stamp Act) (c) Income exclusions. *** educational income is actually received. was effective and required to be (3)(i) Educational assistance, If a student uses other income sources implemented on February 1, 1992, and including grants, scholarships, to pay for allowable educational the exclusions contained in the Higher fellowships, work study, educational expenses in months before the Education Act Amendments of 1992 for loans on which payment is deferred, educational income is received, the 54298 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations exclusions to cover the expenses shall 6. In § 273.21, the first sentence in Executive Order 12866 and therefore be allowed when the educational paragraph (f)(2)(iii) is revised to read as has not been reviewed by the Office of income is received. When the amounts follows: Management and Budget. used for allowable expense are more Executive Order 12372 than amounts earmarked by the § 273.21 Monthly Reporting and Retrospective Budgeting (MRRB). institution, school, program or other The Food Stamp Program is listed in grantor, an exclusion shall be allowed * * * * the Catalog of Federal Domestic for amounts used over the earmarked (f) Calculating allotments for Assistance under No. 10.551. For the amounts. Exclusions based on use shall households following the beginning reasons set forth in the final rulemaking be subtracted from unearned months. *** and related Notice(s) to 7 CFR 3105, educational income to the extent (2) Income and deductions. *** Subpart V (Cite 48 FR 29115, June 24, (iii) Earned and unearned educational possible. If the unearned educational 1983; or 48 FR 54317, December 1, income shall be prorated over the period income is not enough to cover the 1983, as appropriate, and any it is intended to cover in accordance expense, the remainder of the allowable subsequent notices that apply), this with § 273.10(c)(3)(iii), and it shall be expense shall be excluded from earned program is excluded from the scope of budgeted either prospectively or educational income. Executive Order 12372 which requires retrospectively. * ** (iv) An individual’s total educational intergovernmental consultation with income exclusions granted under the * * * * * State and local officials. Dated: September 26, 1996. provisions of paragraph (c)(3)(i) through Regulatory Flexibility Act (c)(3)(iii) of this section cannot exceed Ellen Haas, Under Secretary for Food, Nutrition, and This final rulemaking has also been that individual’s total educational reviewed with respect to the income which was subject to the Consumer Services. [FR Doc. 96–26070 Filed 10–16–96; 8:45 am] requirements of the Regulatory provisions of paragraph (c)(3)(i) through Flexibility Act of 1980 (Pub. L. 96–354, BILLING CODE 3410±30±U (c)(3)(iii) of this section. 94 Stat. 1164, September 19, 1980). The (4) * * * Educational loans on which Administrator of the Food and repayment is deferred shall be excluded 7 CFR Parts 272 and 273 Consumer Service (FCS), has certified pursuant to the provisions of that this rulemaking would not have a § 273.9(c)(3)(i). A loan on which [Amendment No. 365] significant economic impact on repayment must begin within 60 days RIN 0584±AB98 substantial number of small entities. after receipt of the loan shall not be The primary impact of the procedures in considered a deferred repayment loan. Food Stamp Program: Monthly this rulemaking would be on FCS (5) * * * Reporting on Reservations Provision Regional Offices, State governments, (ii) * * * of the Food Stamp Program and individuals who might apply for (B) No portion of any educational Improvements Act of 1994 benefits in State agencies that use assistance that is provided for normal monthly reporting procedures. To the AGENCY: Food and Consumer Service, living expenses (room and board) shall extent that county or other local USDA. be considered a reimbursement governments assist in the administration ACTION: excludable under this provision. Final rule. of the Food Stamp Program, they would * * * * * SUMMARY: This final rulemaking amends also be affected. 5. In § 273.10, paragraph (c)(3)(iii) is Food Stamp Program regulations to Executive Order 12778 establish procedures for implementing revised and a new sentence is added to This final rulemaking has been the restrictions concerning use of the beginning of paragraph (d)(1)(i). The reviewed under Executive Order 12778, monthly reporting for households addition and revision read as follows: Civil Justice Reform. This rule is residing on reservations contained in intended to have preemptive effect with § 273.10 Determining household eligibility the Food Stamp Program Improvements and benefit levels. respect to any State or local laws, Act of 1994. It finalizes provisions of a regulations, or policies which conflict * * * * * proposed rule published in the Federal with its provisions or which would (c) Determining income. *** Register on June 6, 1995. (3) Income averaging. *** otherwise impede its full DATES: This rule is effective December implementation. This rule is not (iii) Earned and unearned educational 16, 1996 and must be implemented no intended to have retroactive effect income, after allowable exclusions, shall later than the first day of the first month unless so specified in the EFFECTIVE be averaged over the period which it is after February 18, 1997. DATE section of this preamble. Prior to intended to cover. Income shall be FOR FURTHER INFORMATION CONTACT: any judicial challenge to the provisions counted either in the month it is Margaret Werts Batko, Assistant Branch of this rule or the application of its received, or in the month the household Chief, Certification Policy Branch, provisions, all applicable administrative anticipates receiving it or receiving the Program Development Division, Food procedures must be exhausted. In the first installment payment, although it is Stamp Program, Food and Consumer Food Stamp Program the administrative still prorated over the period it is Service, USDA, 3101 Park Center Drive, procedures are as follows: (1) for intended to cover. Alexandria, Virginia 22302, or by Program benefit recipients—state (d) Determining deductions. *** telephone at (703) 305–2520, or over the administrative procedures issued (1) Disallowed expenses. internet at pursuant to 7 U.S.C. 2020(e)(10) and 7 l (i) Any expense, in whole or part, margaret [email protected]. CFR 273.15; (2) for State agencies— covered by educational income which SUPPLEMENTARY INFORMATION administrative procedures issued has been excluded pursuant to the pursuant to 7 U.S.C. 2023 set out at 7 provisions of § 273.9(c)(3) shall not be Executive Order 12866 CFR 276.7 (for rules related to deductible. * ** This final rule has been determined to nonquality control (QC) liabilities) or * * * * * be not significant for purposes of Part 283 (for rules related to QC Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54299 liabilities); (3) for retailers and 1994. Following publication of that unless the State agency is granted a wholesalers—administrative procedures proposed rule, Section 1 of Pub. L. 103– waiver for shorter certification periods. issued pursuant to 7 U.S.C. 2023 set out 205 (107 Stat. 2418) was enacted on The Department provided the public at 7 CFR 278.8. December 17, 1993, again postponing 60 days to comment on the regulatory implementation of the prohibition Paperwork Reduction Act proposals. For additional information concerning MRRB on reservations until on the provisions of this rule, the reader Information collection burdens in 7 March 15, 1994. State agencies were should refer to the preamble of the CFR 273.21 governing reporting and notified of this delay through an proposed rule, 60 FR 29767–70. The recordkeeping requirements for monthly implementing memorandum dated Department received two comments on reporting and retrospective budgeting January 6, 1994. the proposed rule, both from State were approved by the Office of On March 25, 1994, the Food Stamp agencies. Both commenters opposed the Management and Budget (OMB) under Program Improvements Act of 1994 rule as proposed; one of the commenters OMB No. 0584–0064. The provisions (Pub. L. 103–225 (108 Stat. 106)) was offered alternative procedures. These contained in this final rule change the enacted. Section 101(a) of that law comments are discussed below. content of certain notices to households, modified the provision prohibiting but would not impose any additional or monthly reporting for households Definition of Residing on a Reservation reduce any current reporting and residing on reservations that had been Section 3(j) of the Act (7 U.S.C. recordkeeping burden requirements. added to section 6(c)(1)(A) of the Act (7 2012(j)) defines a reservation as ‘‘the Since this final rule is placing into effect U.S.C. 2015(c)(1)) by Section 1723 of the geographically defined area or areas through formal rulemaking an Leland Act. Section 6(c)(1)(C)(iii) now over which a tribal organization (as that information collection burden already prohibits State agencies which were not term is defined in subsection (3)(p)) approved, this rule has no effect on the requiring households residing on exercises governmental jurisdiction.’’ existing burden estimates. FCS will reservations to submit monthly reports Section 3(p) (7 U.S.C. 2012(p)) of the publish a notice in the Federal Register on March 25, 1994, from establishing Act defines a tribal organization as ‘‘the explaining in detail why the monthly reporting requirements for recognized governing body of an Indian information collection burden approved these households. These households tribe (including the tribally recognized under OMB No. 0584–0064 is not may be retrospectively budgeted. State intertribal organization of such tribes), affected and providing a 60-day period agencies that were using monthly ** *, as well as any Indian tribe, band, for public comment on the existing reporting on March 25, 1994, for burden estimates. As required by the or community holding a treaty with a households residing on reservations Paperwork Reduction Act of 1995, FCS State government.’’ Section 101(a) of may continue to do so if certain will submit an Information Collection Pub. L. 103–225 did not modify the enumerated conditions are met. On Request to OMB for extension of OMB Act’s definition of a reservation or tribal August 29, 1994, in the Miscellaneous No. 0584–0064 addressing any organization. The Department proposed Provisions of the Food, Agriculture, comments received. in § 273.21(t)(1) to adopt these Conservation, and Trade Act definitions for the purpose of Background Amendments of 1991 and the Earned determining whether a household is Section 1723 of the Mickey Leland Income Tax Credit Amendment final residing on a reservation. One Memorial Domestic Hunger Relief Act rule (59 FR 44303), the Department commenter opposed these definitions (Title XVII of the Food, Agriculture, addressed the prohibition against because the boundaries of the Conservation, and Trade Act of 1990, establishing new monthly reporting reservations in his State did not Pub. L. 101–624, 104 Stat. 3359, requirements for households residing on correspond to geographic and ZIP code November 28, 1990) amended Section reservations if no monthly reporting systems used by the State agency in its 6(c)(1)(A)(i) of the Food Stamp Act of system was in place on March 25, 1994. certification process. That commenter 1977 (the Act), 7 U.S.C. 2015(c)(1)(A)(i), On June 6, 1995 at 60 FR 29767, the wanted to allow applicants and to exempt households residing on Department proposed regulations that recipients to indicate to State agencies reservations from monthly reporting and would address the provisions in Section whether they resided on reservations retrospective budgeting (MRRB) 101(a) of Pub. L. 103–225 dealing with and also wanted State agencies to not be effective February 1, 1992. The the one-month grace period afforded responsible for inaccurate recipient Department announced the regulatory reservation households for submitting indications of residency. The adoption of the requirements of Section required reports, 7 U.S.C. 2015(c)(1)(C) Department has no discretion in the 1723 in a final rule amending 7 CFR (i) and (ii). This proposal was to definition of a reservation, since the 273.21(b)(4) published on December 4, establish the following requirements for term is described in the Act. Therefore, 1991, 56 FR 63605, and scheduled to a State agency if it requires monthly the Department is adopting take effect on February 1, 1992. reporting for households residing on § 273.21(t)(1) as proposed. Since that time, several other pieces reservations: The regulation does not establish any of legislation have been enacted, each (1) Reinstate benefits without proscriptive requirements on a State delaying the effective date of Section requiring a new application for any agency for determining residency on a 1723. Implementation was initially household that submits a report not reservation. Therefore, a State agency is postponed by Section 908 of the Food, later than one month after the end of the free to establish its own method for Agriculture, Conservation, and Trade issuance month; and establishing residency. However, Act Amendments of 1991 (Pub. L. 102– (2) do not delay, reduce, suspend, or existing quality control procedures 237, 105 Stat. 1818, December 13, 1991) terminate the allotment of a household would be used to determine whether a until April 1, 1993, and then by Pub. L. that submits a report not later than one variance existed in a household’s actual 103–11 (107 Stat. 41, April 1, 1993) month after the end of the month in as opposed to claimed residency. The until February 1, 1994. In response, in which the report is due; and definition of a reservation used in the a November 1, 1993, rulemaking, the (3) establish two-year certification quality control procedure would be the Department proposed at 58 FR 58459 a periods for households on reservations definition in the regulations at 7 CFR new implementation date of February 1, required to submit monthly reports, 271.2. 54300 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations

Certification Periods household be issued its benefits on the that fails to submit a report by the normal issuance date. issuance date.’’ Each State agency will In light of the amendments to Section In § 273.21(t)(3)(ii), the Department be responsible for deciding what report 6(c)(1) of the Act made by Section proposed to require a State agency to must be submitted—either the missing 101(a) of Pub. L. 103–225, the Act now provide benefits to a household residing report [as the commenter suggested] or requires that State agencies establish on a reservation on the normal issuance the next month’s report [as was two year certification periods for date if the household submitted an proposed]. The State agency shall make households residing on reservations that incomplete monthly report that could that decision based on what it believes are required to submit monthly reports not be completed by the normal is most appropriate for recipients and (7 U.S.C. 2015(c)(1)(C)(iv)). Section issuance date. The State agency would most administratively feasible for that 6(c)(1)(C)(iv) allows FCS to permit a be required to attempt to have the State. Additionally, each State agency State agency to establish certification household complete the report prior to may unilaterally decide whether to periods for households residing on the normal issuance date, in accordance consider a report received too late to act reservations shorter than two years if with the procedures in 7 CFR 273.21(j). on or an incomplete report as the State agency can show good cause The Department proposed in ‘‘submitted’’ for purposes of this for a shorter certification period. The § 273.21(t)(3)(iii) that if a household provision. Department proposed in § 273.21(t)(2) failed to submit a monthly report or Benefit Determination that State agencies certify households submitted an incomplete monthly report residing on reservations subject to that was never fully completed and then The Department proposed in monthly reporting for two years; in failed to submit the next consecutive § 273.21(t)(4) that, in appropriate § 273.21(t)(2)(i), that a State agency may monthly report or submitted an instances, a State agency repeat the request a waiver from FCS to allow it to incomplete report for the next previous month’s benefit amount if a establish shorter certification periods for consecutive monthly report that was not report is not received by the issuance those households; and in subsequently completed by the issuance date of the next month’s allotment. In § 273.21(t)(2)(ii), that a State agency date, the household’s participation addition, the Department proposed in may, for administrative ease, opt to would be terminated in accordance with § 273.21(t)(4) that a State agency issue continue the two-year certification the provisions in 7 CFR 273.21(m). Also the household’s benefits based on the period for any household that moves off in § 273.21(t)(3)(iii), the Department previously submitted report without a reservation. The Department did not proposed that the household would not regard to any changes in the receive any comments on these be terminated if it failed to ever submit household’s circumstances that were provisions. Accordingly, the or complete the first missing monthly not completely reported on or verified. Department is adopting § 273.21(t)(2) as report so long as it submitted the next Finally, the Department proposed in proposed. report by the end of the month in which § 273.21(t)(4) that a State agency adjust it was due. the amount of the benefits issued if Missing and Incomplete Monthly The Department received one there was any information on the Reports comment on the proposed provisions in incomplete report that can be used as § 273.21(t)(3). That commenter opposed submitted. The Department received Section 101(a) of Pub. L. 103–225 (7 the proposal as complicated, one comment addressing the U.S.C. 2015(c)(1)(C)(ii)) prohibits a State cumbersome, and costly. Further, the requirement in § 273.21(t)(4) to issue the agency from delaying, reducing, commenter believed that the proposal previous month’s benefit amount if a suspending, or terminating the benefits was contrary to the Department’s efforts report is not received by the issuance of a household residing on a reservation to improve program integrity and date. That commenter opposed the that submits a report not later than one promote personal responsibility. The proposal because it provided unequal month after the end of the month in State agency commenting had already treatment to households required to which the report is due. Normally, if a implemented the provision. In its monthly report based on whether they complete monthly report is not received implementation it was requiring the lived on or off a reservation. The within the time frames specified in 7 household to submit the missing report Department has no discretion in this CFR 273.21, a State agency would prior to any subsequent issuance after requirement. Section 101(a)(2) of Pub. L. terminate the household. Under Section the initial grace month issuance. If the 103–225 (7 U.S.C. 2015(c)(1)(C)(ii)) 101(a) of Pub. L. 103–225, a State missing report was not submitted by the requires that the State agency not delay, agency must now issue benefits to a end of the issuance (or grace) month, the reduce, suspend, or terminate the household residing on a reservation on household would be terminated. The allotment of a household that submits a its normal issuance date even if the household would not be reinstated report not later than one month after the household has failed to submit a unless it submitted the missing report end of the month in which the report is monthly report. In order to implement by the end of month following the due; i.e., the State agency must issue this provision, the Department proposed issuance month. benefits on the issuance date although a in § 273.21(t)(3)(i) to require a State In light of this comment, the monthly report has not been received. agency to provide a household residing Department has decided to revise the As discussed above in the section of on a reservation which does not submit proposed procedures significantly. the preamble concerning missing and its monthly report by the issuance date These revisions are consistent with the incomplete reports, a commenter with the same benefit amount that the Department’s goals to increase opposed the requirements in household received the previous month. administrative flexibility for State § 273.21(t)(3) to issue benefits when a This issuance must be provided to the agencies. Therefore, the Department is report was incomplete. That commenter household on the household’s normal replacing the proposed § 273.21(t)(3) also opposed the requirement in issuance date. If the household’s report with the following language which proposed § 273.21(t)(4) that State is received prior to the issuance date, essentially tracks the language of agencies act on information that would but too late to be processed without Section 6(c)(1)(C)(ii) of the Act: ‘‘The otherwise be considered incomplete. delaying the household’s issuance, the State agency shall not delay, reduce, or The Department has decided not to Department proposed that the suspend the allotment of a household adopt § 273.21(t)(4) as proposed. The Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54301 revisions in § 273.21(t)(3), as adopted has not been received or if it is opposed the proposal to provide a herein, specify that benefits not be incomplete. The household should also supplement when the monthly report is delayed, reduced, suspended, or be informed that the benefits being received during the issuance month. terminated. Thus, each State agency is provided are based on the previously The commenter believes that 7 CFR required by that provision to issue submitted report and that the amount of 273.12(c)(1)(i) conflicts with the benefits on the household’s normal the allotment does not reflect any proposed requirement to provide a issuance date if it fails to submit a changes in the household’s supplement, and the commenter monthly report. Each State agency may circumstances from the previous preferred the option in 7 CFR decide whether to adjust benefits for issuance. Further, this notice would 273.12(c)(1)(i) to provide increases in completed information on an otherwise advise the household that, if the next the following month, where warranted. incomplete report. Final § 273.21(t)(3) monthly report was not filed timely and That commenter also opposed providing will consist of proposed (t)(3) and (t)(4), completely, the household would be supplements to these households as with the modifications discussed terminated. The proposed notice undermining the reporting requirements herein. requirement conformed notice and diminishing household requirements for these special responsibility for reporting. Reinstatement circumstances with current notice The Department disagrees with the Section 101(a) of Pub. L. 103–225 (7 requirements for monthly reporting. commenter. Section 273.12(c)(1)(i) is U.S.C. 2015(c)(1)(C)(i)) provides that, if Finally, in order to ensure that the not applicable in this situation. The a household is terminated for failing to household would be aware of the proposed provision is a special submit or to complete a monthly report, termination and its right to provision that takes precedence over 7 the household shall be reinstated reinstatement, the Department proposed CFR 273.12(c)(1)(i). The provision for without being required to submit a new in § 273.21(t)(6)(iv) that, if the providing supplements as well as for application if a monthly report is household is terminated in the establishing claims provides for received no later than the last day of the consequent month, the State agency equitable and consistent treatment of month following the issuance month. would send the notice so the household late reported information. The The Department proposed at receives it no later than the date benefits Department recognizes that Section § 273.21(t)(5) to require that a State would have been received. This notice 101(a) of Pub. L. 103–225 was intended agency reinstate a household terminated would be required to advise the to provide special treatment to the in accordance with § 273.21(t)(3)(iii) household of its right to reinstatement if households residing on reservations. For without the household being required to a complete monthly report was that reason, the Department is adopting submit a new application if a complete submitted by the end of the month the regulation as proposed. State monthly report was received no later following termination. This proposed agencies must provide supplemental than the last day of the month following notice requirement was consistent with benefits if a missing report is submitted the month the household was current notice requirements for monthly during the issuance month. The terminated. One comment was received, reporting. commenter was concerned about which opposing the provision as proposed. The Department did not receive any report would require a supplement to be The Department has modified the comments on the notice requirements. issued—the missing report for the proposed rule in light of the comment However, to be consistent with the month for which benefits were issued or discussed above. The final rule on this modifications made above, the the subsequent month’s report that is being renumbered § 273.21(t)(4) as Department is modifying the would be due in the issuance month. opposed to (t)(5) to reflect the decision requirements in the final rule to The proposal has been revised to clarify not to adopt as final proposed eliminate references to an incomplete that it only applies to the missing report § 273.21(t)(4) discussed above. The report. The Department is adopting the and not the subsequent report for the phrase ‘‘or to complete’’ is being provision as proposed except for this following month. removed from the proposal in this final modification. rule. Removing this phrase reflects the Quality Control Procedures options regarding reports available to Supplements and Claims The legislative history provides that the State agency as discussed above. The Department proposed in ‘‘a State [agency] will not be adversely § 273.21(t)(7) that, if the household affected in regard to its quality control Notices submitted or completed a monthly efforts related to those households In § 273.21(t)(6)(i), the Department report after the issuance date but in the whose monthly reports are not proposed that all notices regarding issuance month, the State agency would submitted until a month after the report changes in a household’s benefits meet provide the household with a is due.’’ Congressional Record. S2905, the definition of adequate notice as supplement, if warranted. Also, if the March 11, 1994. To implement this defined in 7 CFR 271.2. The Department household submitted or completed a language, the Department proposed that also proposed in § 273.21(t)(6)(ii) that monthly report or the State agency those certification errors attributable to State agencies provide notice to became aware of a change that would missing or incomplete monthly reports households about missing or incomplete have decreased benefits in some other covered Section 101(a) of Pub. L. 103– reports requesting that the household manner at any time after the issuance 225 shall be excluded from the error take the action necessary to submit the date, the Department proposed that the determination process. One commenter missing report or to complete an State agency file a claim for any benefits requested clarification of how quality incomplete report. In order to ensure overissued. The Department did not control would handle two situations: (a) that a household receives adequate propose that households which submit the household deliberately withholds a notice of any State agency action reports after the issuance month receive monthly report because they know the affecting the household’s benefits, the restored benefits. information would make them Department proposed in The Department received one ineligible; and (b) the month prior to the § 273.21(t)(5)(iii) that simultaneously comment on proposed § 273.21(t)(7). incomplete or missing monthly report is with the issuance of benefits the State The commenter did not oppose the a month in which the household either agency notify a household if its report claims provision. The commenter receives too many or too few food 54302 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations stamps. The following quality control PART 272ÐREQUIREMENTS FOR § 273.10(f)(4). If the State agency does procedures apply to cases subject to the PARTICIPATING STATE AGENCIES not adopt this option, any household provisions of this rulemaking and with that moves off the reservation shall have a review date that falls within the grace 2. In § 272.1, a new paragraph (g)(150) its certification period shortened. A period: certification errors that occur is added to read as follows: household continuing to be subject to during the grace period would be § 272.1 General terms and conditions. monthly reporting shall not have its excluded; certification errors occurring certification period shortened to less * * * * * prior to the grace period would be (g) Implementation. *** than six months. A household becoming reviewed in accordance with existing (150) Amendment No. 365. This subject to change reporting shall not procedures in the FCS Handbook 310. provision is effective December 16, 1996 have its certification period end any earlier than the month following the Implementation and must be implemented no later than March 1, 1997. Any variances resulting month in which the State agency The Food Stamp Program from implementation of the provisions determines that the certification period Improvements Act of 1994 was effective of this amendment shall be excluded shall be shortened. upon enactment, March 25, 1994. On from error analysis for 120 days from (3) Benefit determination for missing March 31, 1994, the Department issued this required implementation date in reports. The State agency shall not a memorandum notifying State agencies accordance with § 275.12(d)(2)(vii) of delay, reduce, or suspend the allotment of the legislation and the March 25, this chapter. of a household that fails to submit a 1994, effective date. State agencies were report by the issuance date. directed to implement the requirements PART 273ÐCERTIFICATION OF (4) Reinstatement. If a household is immediately. Recognizing that the ELIGIBLE HOUSEHOLDS terminated for failing to submit a statutory amendments regarding the monthly report, the household shall be monthly reporting on reservations have 2a. In § 273.21, a new paragraph (t) is reinstated without being required to already been implemented through the added to read as follows: submit a new application if a monthly above described memorandum and in § 273.21 Monthly Reporting and report is submitted no later than the last order to provide for the orderly Retrospective Budgeting (MRRB). day of the month following the month implementation of the specific * * * * * the household was terminated. provisions of this proposed rule, the (t) Monthly reporting requirements for (5) Notices. (i) All notices regarding Department proposed that this rule be households residing on reservations. changes in a household’s benefits shall effective in any given State upon The following procedures shall be used meet the definition of adequate notice as implementation by the State agency but for households which reside on defined in § 271.2 of this chapter. in no event later than the first day of the reservations and are required to submit (ii) If a household fails to file a first month 60 days after publication of monthly reports: monthly report by the specified filing the final rule. The Department did not (1) Definition of a reservation. For date, the State agency shall notify the receive any comments on the purposes of this section, the term household within five days of the filing implementation schedule as proposed. ‘‘reservation’’ shall mean the date: Accordingly, this action amends 7 CFR geographically defined area or areas (A) That the monthly report is either 272.1(g) to add a new paragraph to over which a tribal organization overdue or incomplete; address implementation requirements exercises governmental jurisdiction. The (B) What the household must do to for this final action. term ‘‘tribal organization’’ shall mean complete the form; Quality control variances resulting the recognized governing body of an (C) If any verification is missing; from implementation of the remaining Indian tribe (including the tribally (D) That the Social Security number provisions of this final rule will be recognized intertribal organization of of a new member must be reported, if excluded for 120 days from the required such tribes), as well as any Indian tribe, the household has reported a new implementation date, in accordance band, or community holding a treaty member but not the new member’s with 7 CFR 275.12(d)(12), as modified with a State government. Social Security number; by 7 U.S.C. 2025(c)(3)(A). (2) Certification periods. Any (E) What the extended filing date is; List of Subjects household residing on a reservation that (F) That the State agency will assist is required to submit a monthly report the household in completing the report; 7 CFR Part 272 shall be certified for two (2) years. and Alaska, Civil rights, Food stamps, (i) A State agency may request a (G) That the household’s benefits will Grant programs-social programs, waiver from FCS to allow it to establish be issued based on the previous month’s Reporting and recordkeeping certification periods of less than two (2) submitted report without regard to any requirements. years if it is able to justify the need for changes in the household’s the shorter periods. Any request for a circumstances if the missing report is 7 CFR Part 273 waiver shall include input from the not submitted. Administrative practice and affected Indian tribal organization(s) (iii) Simultaneously with the procedures, Aliens, Claims, Food and quality control error rate issuance, the State agency shall notify a stamps, Grant programs-social information for the affected households. household, if its report has not been programs, Penalties, Reporting and (ii) The State agency may opt to received, that the benefits being recordkeeping requirements, Social continue the two-year certification provided are based on the previous security, Students. period for any household that moves off month’s submitted report and that this the reservation. If the State agency benefit does not reflect any changes in Accordingly, 7 CFR Parts 272 and 273 adopts this option and the household is the household’s circumstances. This are amended as follows: still living off the reservation at the time notice shall also advise the household 1. The authority citations of Parts 272 it is subject to required recertification, that, if a complete report is not filed and 273 continue to read as follows: the household shall be subject to the timely, the household will be Authority: 7 U.S.C. 2011–2032. certification period requirements in terminated. Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54303

(iv) If the household is terminated, the FOR FURTHER INFORMATION CONTACT: determine the current burden estimates State agency shall send the notice so the Margaret Werts Batko, Assistant Branch for all applications assumes that some household receives it no later than the Chief, Certification Policy Branch, households will be recertified more date benefits would have been received. Program Development Division, Food often than other households. The This notice shall advise the household and Consumer Service, USDA, 3101 methodology also assumes that every of its right to reinstatement if a complete Park Center Drive, Alexandria, Virginia, applicant will complete every line item monthly report is submitted by the end 22302, (703) 305–2516. on the application form; therefore, the burden is overestimated for some of the month following termination. SUPPLEMENTARY INFORMATION: (6) Supplements and claims. If the households and underestimated for household submits the missing monthly Executive Order 12866 others. Based on this methodology, we report after the issuance date but in the This rule has been determined to be believe the current burden estimate issuance month, the State agency shall significant and was reviewed by the sufficiently reflects the potential provide the household with a Office of Management and Budget under reduced burden resulting from use of a supplement, if warranted. If the Executive Order 12866. modified recertification form. household submits the missing monthly Comments. Comments are invited on: report after the issuance date or the Executive Order 12372 (a) whether the proposed collection of State agency becomes aware of a change The Food Stamp Program is listed in information is necessary for the proper that would have decreased benefits in the Catalog of Federal Domestic performance of the functions of the some other manner, the State agency Assistance under No. 10.551. For the agency, including whether the shall file a claim for any benefits reasons set forth in the final rule in 7 information will have practical utility; overissued. CFR 3015, Subpart V and related Notice (b) the accuracy of the agency’s estimate (48 FR 29115), this Program is excluded of the burden of the proposed collection Dated: July 15, 1996. from the scope of Executive Order of information, including the validity of Ellen Haas, 12372 which requires intergovernmental the methodology and assumptions used; Under Secretary for Food, Nutrition, and consultation with State and local (c) ways to enhance the quality, utility Consumer Services. officials. and clarity of the information to be [FR Doc. 96–26071 Filed 10–16–96; 8:45 am] collected; and (d) ways to minimize the BILLING CODE 3410±30±U Regulatory Flexibility Act burden of the collection of information This rule has been reviewed with on those who are to respond, including regard to the requirements of the through the use of appropriate 7 CFR Parts 272, 273, 278, and 279 Regulatory Flexibility Act of 1980 (5 automated, electronic, mechanical, or U.S.C. 601–612). Ellen Haas, Under [Amendment No. 364] other technological collection Secretary for Food, Nutrition, and techniques or other forms of information RIN 0584±AB60 Consumer Services, has certified that technology. Comments may be sent to this proposed rule does not have a Department of Agriculture, Clearance Food Stamp Program: Simplification of significant economic impact on a Officer, OIRM, AG Box 7630, Program Rules substantial number of small entities. Washington, DC 20250. Comments and State and local welfare agencies will be recommendations on the proposed AGENCY: Food and Consumer Service, the most affected to the extent that they information collection must be received USDA. administer the Program. by December 16, 1996. ACTION: Final rule. Paperwork Reduction Act Executive Order 12778 SUMMARY: This rule finalizes provisions This final rule contains information This rule has been reviewed under of a proposed rulemaking published on collection requirements subject to Executive Order 12778, Civil Justice January 11, 1995. It amends Food Stamp review by the Office of Management and Reform. This rule is intended to have Program rules relating to residency, Budget (OMB) under the Paperwork preemptive effect with respect to any social security numbers, combined Reduction Act of 1995 (Pub. L. 104–13). State or local laws, regulations or allotments, excluded resources, contract The reporting and recordkeeping burden policies which conflict with its income, self-employment expenses, associated with the application, provisions or which would otherwise certification periods, the notice of certification, and continued eligibility of impede its full implementation. This adverse action, recertification, and food stamp applicants is approved rule is not intended to have retroactive suspension. The amendments simplify under OMB No. 0584–0064. The burden effect unless so specified in the regulatory requirements and increase for applications, including applications EFFECTIVE DATE paragraph of this State agency flexibility. The rule also for recertification, is estimated to preamble. Prior to any judicial challenge makes several technical amendments to average .2290 hours per response. to the provisions of this rule or the Food Stamp Program rules. To determine the continued eligibility application of its provisions, all DATES: This final rule is effective of food stamp recipients, State welfare applicable administrative procedures November 18, 1996 and must be agencies must recertify eligible must be exhausted. implemented no later than May 1, 1997, households whose certification periods except the provisions of 7 CFR have expired, and households are Public Participation 273.14(b)(2), which have been required to submit a recertification This rule contains technical submitted to the Office of Management form. Section 273.14(b)(2) of this rule amendments at 7 CFR 272.1(g)(74), and Budget for approval under the authorizes State agencies to use a 273.2(f)(1), 273.4(a)(2), 273.4(a)(9), Paperwork Reduction Act of 1995. The modified form of the application used 273.4(a)(11), 273.20, 278.1(h), and 279.3 provisions of this section will become for initial application. which were not part of the proposed effective upon approval. FCS will The amendments to 7 CFR rule published January 11, 1995 and are publish a notice in the Federal Register 273.14(b)(2) made by this rule do not unrelated to the provisions of the announcing the effective date and impose any new collection proposed rule. These amendments are implementation date. requirements. The methodology used to being published without an opportunity 54304 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations for public comment and will become initial month’s allotment and the full issued a combined allotment consisting effective 30 days following publication. allotment for the second month within of prorated benefits for the initial month The amendments are technical in nature the expedited timeframe. Additional of application and benefits for the first and public comment would not be verification requirements would be full month of participation. In these useful or necessary. Ellen Haas, Under postponed until the end of the second cases, any unsatisfied verification Secretary for Food, Nutrition, and month. The proposed amendments requirement would be postponed until Consumer Services, has determined would bring the regulations into the end of the first full month. The that, in accordance with 5 U.S.C. conformance with current food stamp proposed regulations at 7 CFR 553(b)(3)(B), good cause exists for policy on combined allotments, as 273.2(i)(4)(iii)(E) contained the publishing the technical amendments announced in a June 16, 1993, policy requirements formerly contained at 7 without taking public comment. memorandum issued to FCS regional CFR 274.2(b)(4), which concerned Food Stamp Program directors. households not entitled to combined Background The Department also proposed to allotments. On January 11, 1995, the Department reorganize the regulations on combined The Department received three published a proposed rule at 60 FR 2703 allotments. At the time the proposed comments on the proposed changes. in which it proposed to revise Food rule was published, the regulations on One commenter opposed the proposed Stamp Program regulations in response issuance of a combined allotment were relocation of the combined allotment to State agency requests for waivers of contained at 7 CFR 274.2(b)(2), (3), and requirements from 7 CFR 274.2(b) to Program requirements and suggestions (4). The Department proposed to move 273.2(i). The commenter believed that for simplification of rules. In some those combined allotment requirements the relocation only promoted confusion. cases, we proposed to amend the out of 7 CFR 274.2(b) and into 7 CFR As noted above, however, the proposal regulations to incorporate guidance we 273.2(i)(4). In 7 CFR 274.2, the to remove the combined allotment had already provided to State agencies. Department proposed to delete requirements from 7 CFR 274.2(b) was In other instances, we proposed to paragraphs (b)(2), (3), and (4), and finalized in the Benefit Delivery Rule. modify Program rules to provide more redesignate paragraphs (b)(1), (c), (d), However, we now believe it is consistency with requirements in the and (e) as paragraphs (b), (d), (e), and (f), preferable to separate the combined Aid to Families with Dependent respectively. The Department proposed allotment provisions for households Children (AFDC) Program. Comments to add two sentences to the end of processed under the normal 30-day were solicited on the provisions of the redesignated paragraph (b) which would processing standard from those for proposed rule through March 13, 1995, contain the requirements for issuing households certified under the and a total of 26 comments were benefits to expedited service expedited service provisions of 7 CFR received. This final action addresses the households. The Department also 273.2(i). Therefore, we are adding a new commenters’ concerns. Readers are proposed to add a new paragraph (c) paragraph to 7 CFR 273.2(g), Normal referred to the proposed rule for a more which would contain the provision of processing standard, to include the complete understanding of this final former paragraph (b)(2) concerning the provisions of proposed action. State agency option to issue the § 273.2(i)(4)(iii)(C) and former 7 CFR Combined allotments—7 CFR 273.2(i) combined benefits in one allotment or 274.2(b)(2) concerning combined and 274.2(b) two, as long as they are provided at the allotments for households processed same time and reference the combined under the 30-day requirement. This In the January 11, 1995 rule, the allotment regulations at 7 CFR 273.2. paragraph is titled Combined allotments Department proposed changes to the The above proposed organizational and is designated § 273.2(g)(2). Current regulations on issuance of combined changes, with the exception of moving paragraph (g)(2) is redesignated as allotments. At the time the proposed the combined allotment requirements paragraph (g)(3). Proposed paragraphs rule was published, the regulations at 7 formerly contained at 7 CFR 274.2(b)(2), 273.2(i)(4)(iii)(D) and (E) are paragraphs CFR 274.2(b)(3) provided that eligible (3), and (4) into 7 CFR 273.2, have 273.2(i)(4)(iii)(C) and (D) in this final households applying after the 15th of already been finalized in the Food rule. the month that qualify for expedited Stamp Program’s Benefit Delivery Rule, The second commenter asked that the service would receive a combined published on April 25, 1995 at 60 FR regulations at 7 CFR 273.2(b) and allotment (prorated benefits for the 20178. In this rule, therefore, the 274.2(b) specify that combined application month and full benefits for Department is only finalizing the allotments apply only for those the subsequent month) if they supplied provisions moving the requirements households initially applying for food all required verification within the 5- formerly contained in 7 CFR 274.2(b) to stamps for which proration is a factor. day expedited service timeframe. If the 7 CFR 273.2. As noted above, the regulations at 7 CFR household did not supply all required In the January 11, 1995 rule, the 274.2 no longer provide detailed verification within the expedited service Department proposed to revise the requirement for use of combined timeframe, the household received a regulations at 7 CFR 273.2(i)(4)(iii)(C), allotments. The regulations at 7 CFR prorated amount for the initial month and to add two new paragraphs, 273.2(b) do not address combined issued within 5 days of application 273.2(i)(4)(iii)(D) and (E). The proposed allotments; however, the Department (with waived verification, if necessary, regulations at 7 CFR 273.2(i)(4)(iii)(C) believes that the commenter meant 7 to meet the expedited timeframe) and a contained the requirements formerly CFR 273.2(i). The Department believes second allotment for the subsequent contained at 7 CFR 274.2(b)(2), which that the proposed regulations at 7 CFR month issued after all necessary concerned combined issuance for 273.2(i)(4)(iii)(D) are very specific as to verification has been obtained. In the households certified under normal when a combined allotment can be January 11, 1995 rule, the Department processing timeframes. The proposed issued. Therefore, the Department is not proposed to amend the regulations to regulations at 7 CFR 273.2(i)(4)(iii)(D) adopting the commenter’s suggestion require that if an eligible household contained the new requirement that a and is adopting the proposed provisions applies for food stamps after the 15th of household which applies after the 15th as final. the month and is entitled to expedited of the month and is processed under Another commenter thought that in service, it would receive the prorated expedited service procedures shall be relocating instructions on combined Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54305 allotments from 7 CFR 274.2(b) to 7 CFR of the month provide the required mean that the household would have to 273.2(i), the Department deleted the postponed verification, the State agency wait as long as six or seven weeks before provision that the combined allotment is required to issue the second month’s receiving benefits for its fourth month of may be in the form of two allotments benefits within 5 working days from participation. One commenter did issued at the same time. As indicated receipt of the verification or the first day support the proposed provision, on the above, the Benefit Delivery rule moved of the second calendar month, grounds that it promotes consistency this provision from 7 CFR 274.2(b) to whichever is later. Since the proposed with current policy for migrants. new paragraph 274.2(c). In this rule, we changes in combined allotment The Department accepts the are including a reference to 7 CFR procedures required that households be arguments raised by the 12 commenters 274.2(c) in revised paragraph issued the prorated initial month’s who opposed the proposed provision at 273.2(i)(4)(iii)(C) and new paragraph allotment and the full allotment for the 7 CFR 273.2(i)(4)(iii)(F) and is deleting 273.2(g)(2). second month within the expedited it from this final rule. A household that In the January 11, 1995 rule, the timeframe, the requirement at 7 CFR receives a combined allotment and Department proposed additional 273.2(i)(4)(iii)(B) is no longer applicable resides in a State with a staggered changes to the regulations at 7 CFR and the Department proposed to remove issuance system will, at some point 273.2(i)(4) to bring those regulations it in the January 11, 1995 rule. The during its certification period, have to into conformance with the new Department received no comments on stretch its benefits to cover a period combined allotment requirements. The the proposal and is adopting it as final. longer than one month. The proposed regulations at 7 CFR 273.2(i)(4)(iii)(B) Current regulations at 7 CFR procedure would not have prevented currently require that a household 273.2(i)(4)(iii)(C) require that that, but would have imposed an which applies after the 15th of the households which are eligible for unnecessary administrative burden on month and is assigned a certification expedited service and that apply after State agencies. Therefore, the period of longer than one month, must the 15th of the month must be issued Department is not adopting the have all postponed verification their second month’s benefits on the proposed provision. completed before it can be issued its first working day of the second calendar Current regulations at 7 CFR second month’s benefits. Migrant month, not the day benefits would 273.2(i)(4)(i)(B) require that households households which apply after the 15th normally be issued in a State using entitled to expedited service furnish an of the month and are assigned staggered issuance. Because of the SSN for each household member before certification periods of longer than one potentially lengthy period of time the first full month of participation. month must provide all postponed between issuance of the combined Households that are unable to provide verification from within-State sources allotment for the month of expedited the required SSNs or who do not have before the second month’s benefits can service and the first full month of one prior to the first full month of be issued, and must provide all participation and issuance of an participation can participate only if they postponed verification from out-of-State allotment for the third month of satisfy the good cause requirements sources before the third month’s participation in a staggered issuance specified in 7 CFR 273.6(d). benefits are issued. Because of the system, the Department proposed to Because of the change in combined change in policy regarding combined retain that issuance requirement at 7 allotment policy, eligible households allotments, eligible households that are CFR 273.2(i)(4)(iii)(C) for the third that apply after the 15th of the month entitled to expedited service and apply month of benefits. The Department and are entitled to expedited service can after the 15th of the month must now proposed to add a new paragraph 7 CFR receive their second month’s benefits receive a combined allotment which 273.2(i)(4)(iii)(F) which required that in without having to furnish an SSN. In the includes their first and second month’s States with staggered issuance, preamble of the proposed rule, the benefits. Since these households will households be issued their third Department stated its intention to revise have already received their second allotment by the first working day of the the regulations at 7 CFR 273.2(i)(4)(i)(B) month’s benefits, postponed verification third calendar month. For allotments in to require that households entitled to must now be completed prior to subsequent months, State agencies expedited service that apply after the issuance of the third month of benefits. would employ their normal issuance 15th of the month furnish an SSN for As noted above, this is current policy mechanisms. each person prior to the third month of for migrants in regard to completing out- The proposal that households be participation. The Department received of-State verification, and the issued their third allotment by the first no negative comments on the proposal. Department proposed to broaden the working day of the third calendar month One commenter, however, did note that requirement to make it mandatory for all received a substantial number of the proposed change to 7 CFR households which apply after the 15th negative comments. Twelve commenters 273.2(i)(4)(i)(B) discussed in the of the month and are assigned wrote to oppose the provision. The preamble was not accompanied by the certification periods of longer than one commenters felt that the provision proposed new regulatory language. The month. The Department proposed to would impose a tremendous Department apologizes for the omission, amend 7 CFR 273.2(i)(4)(iii)(B) administrative burden on State agencies. but believes the public was given accordingly. The Department also These commenters claimed that the sufficient notice of the Department’s proposed to make a conforming proposed change would require costly intent. Therefore, the Department is amendment to 7 CFR 273.10(a)(1)(iv), computer reprogramming or necessitate adopting the proposed change to 7 CFR which contains a verification a manual system for issuing benefits in 273.2(i)(4)(i)(B) discussed in the requirement similar to that currently the third month that would increase preamble to the proposed rule as final contained in 7 CFR 273.2(i)(4)(iii)(B). workloads and be error prone. In in this rule. The Department received no comments addition, commenters believed that Current regulations at 7 CFR on the proposed changes and is households would be better served if 273.2(i)(4)(iii) provide that households adopting them as final. they received their third month’s that are certified for expedited service Under current regulations at 7 CFR allotments on the normal issuance date and have postponed verification 273.2(i)(4)(iii)(B), when households rather than on the first of the month. requirements may be certified for either which apply for benefits after the 15th Early issuance in the third month could the month of application or for longer 54306 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations periods, at the State agency’s option. 7 applicant for expedited service applying State agency chooses the option at 7 CFR 273.2(i)(4)(iii)(A) currently after the 15th of the month to submit a CFR 273.2(i)(4)(iii) to require a addresses verification requirements for second application when verification is household entitled to expedited service households that are certified only for postponed, or if it would be appropriate that applies after the 15th of the month the month of application, and 7 CFR for all recertifications. The commenter to submit a second application. The 273.2(i)(4)(iii)(B) currently addresses thought that if it applied to all cases, it commenter felt that the requirement verification requirements for could prove to be an administrative would be an unnecessary burden to households that are certified for longer problem. Two commenters were State agencies that do not choose to than the month of application. Neither concerned that the information on the require a second application. section of the regulations addresses application, if kept pending too long, The Department agrees with the verification requirements for would be outdated. One asked if a commenter that the requirement as households that apply before the 15th of household certified for 12 months filed proposed is unclear and has decided to the month. The Department proposed to an application in its third month of remove the requirement from both 7 eliminate this deficiency in the January eligibility, would the State agency have CFR 273.2(i)(4)(iii)(A) and (B). The 11, 1995 rule by amending 7 CFR to keep track of and use the application Department believes the requirement 273.2(i)(4)(iii)(A) to address verification for a certification period some 10 provides unnecessary instruction to requirements for households that apply months later. State agencies. on or before the 15th of the month and The Department agrees with the The same commenter raised a to amend 7 CFR 273.2(i)(4)(iii)(B) to commenters that the proposed language question on the proposed language at 7 address verification requirements for is unclear. The proposed provision was CFR 273.2(i)(4)(iii)(D). That section households that apply after the 15th of intended to be tied to the State option requires that combined allotments be the month. The Department received no of requesting that the household issued in accordance with requirements comments on these proposals and is applying for expedited service after the at 7 CFR 274.2(c). The commenter adopting them as final. 15th of the month submit a second thought that the benefits should be Current regulations at 7 CFR application when verification is issued in accordance with the 273.2(i)(4)(iii) give State agencies the postponed. It was meant to apply only requirements at 7 CFR 273.2(i)(3)(i), option of requesting any household in circumstances in which the which address expedited service eligible for expedited service which household has been certified for only processing standards. The proposed applies after the 15th of the month to the month of application and the regulations at 7 CFR 273.2(i)(4)(iii)(D) submit a second application (at the time subsequent month. In these address combined allotments, which of initial certification) if the household’s circumstances, the State agency would have different issuance requirements verification requirements have been deny the second application for both the than normal expedited benefits. The postponed. Under current policy, that first and second months and act on it for issuance requirements for combined second application would be denied for the third month, as described in allotments are contained at 7 CFR the first month and acted on for the proposed section 273.2(i)(4)(iii)(F). It 274.2(c). second month. However, now that was not the Department’s intention that Residency—7 CFR 273.3 expedited service households will be a State agency act on an application that receiving a combined allotment of their had been submitted more than a month Current rules at 7 CFR 273.3 require first and second month’s benefits, under and a half earlier. The Department, food stamp households to live in the our proposal, the second application therefore, is not amending 7 CFR project area in which they apply unless would be denied for both the first and 273.10(a)(2)(i) to include the procedure. the State agency has made arrangements second months and acted on for the Since the procedure is only valid in for particular households to apply in third month. Believing that current instances in which the household is nearby specified project areas. In order regulations do not allow for this entitled to expedited service and applies to increase consistency with the AFDC procedure, the Department proposed to after the 15th of the month, the program and the Adult Assistance amend the regulations at 7 CFR Department thinks it would only programs under Titles I, X, XI, and XVI 273.10(a)(2)(i) to require that if a promote confusion to have a reference of the Social Security Act, which household files an application for to the procedure in any section of the require that applicants reside in the recertification in any month in which it regulations other than the section on State but have no project area is receiving food stamp benefits, the expedited service. The Department is requirement, the Department proposed State agency shall act on that also removing discussion of the second in the January 11, 1995 rulemaking to application for eligibility and benefit application option from 7 CFR amend 7 CFR 273.3 to give State purposes starting with the first month 273.2(i)(4)(iii)(B). The procedures for agencies the option of permitting after the current certification period acting on a second application are households to live anywhere in the expires. already addressed in detail in 7 CFR State rather than in the project area in Several commenters wrote to point 273.2(i)(4)(iii)(E) of this rule and the which they apply for benefits. Under the out that the text of the proposed Department sees no advantage to proposal, State agencies still retained regulatory change to 7 CFR repeating that information at 7 CFR the authority to designate limited 273.10(a)(2)(i) did not appear in the 273.2(i)(4)(iii)(B). project areas and restrict where a given proposed rule. The proposed change One commenter noted that proposed household could apply. was inadvertently omitted, and the regulatory language at both 7 CFR The Department also proposed to add Department apologizes for any 273.2(i)(4)(iii) (A) and (B) includes the a new paragraph (iii) to 7 CFR confusion the omission may have requirement that during the certification 273.2(c)(2) to address application caused. interview, the State agency should give processing timeframes in States which Three commenters objected to the the household a recertification form and opt to allow Statewide residency. Under proposed procedure as described in the schedule an appointment for a the proposal, if a State agency does not preamble. One thought it was unclear recertification interview. The require that households apply in whether the proposed provision was commenter thought that it was not clear specified project areas, the application tied to the State option of requesting the that the requirement applied only if the processing timeframes would begin the Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54307 day the application is received by any member who does not have an SSN thought that the Department should office. must apply for one before he or she can define ‘‘next’’ recertification period. The Department also proposed a be certified, unless there is good cause These commenters indicated that the second amendment to 7 CFR 273.3 to for such failure as provided in 7 CFR absence of a definition could be a clarify the requirements for transferring 273.6(d). If a household member refuses potential problem when a household food stamp cases between project areas. or fails without good cause to apply for reports the addition of a newborn to the The Department proposed to amend 7 an SSN, the individual is ineligible to State agency in the month before the CFR 273.3 to state that when a participate. expiration of the household’s household moves within a State, the In the January 11, 1995 proposed rule, certification period. One of the State agency may either require the the Department proposed to amend food commenters thought that the household to reapply in the new project stamp regulations to address the Social Department should amend the proposed area or transfer the case from the Security Administration’s (SSA) good cause provisions to allow previous project area to the new one and ‘‘Enumeration at Birth’’ (EAB) program. households with a newborn whose continue the household’s certification Under EAB, parents of a newborn child certification period ends in the birth without requiring a new application. If may apply for an SSN for the child month or in the month following the the State agency chooses to transfer the when the child is born if this service is birth month with the same timeframes case, it must act on changes in the available at the hospital. Most hospitals allowed those households with a household’s circumstances resulting give parents Form SSA–2853, ‘‘Message newborn who have 10 to 12 months left from the move in accordance with 7 From Social Security.’’ This receipt in the certification period. CFR 273.12(c) or 7 CFR 273.21. The form, which describes the EAB process The Department acknowledges the State agency must also ensure that and how long it will take to receive an difficulties associated with using the potential client abuse of case transfers SSN, contains the child’s name and is concept of ‘‘next certification period’’ in from project area to project area is signed and dated by a hospital official. the proposed provision. Therefore, the identifiable through the State agency’s It is accepted by State agencies for Department is revising the provision to system of duplicate participation checks welfare or other public assistance allow households to submit an SSN or required by 7 CFR 272.4(f). Finally, the purposes. In the January 11, 1995 rule, proof of application for an SSN at their State agency must develop transfer the Department proposed an next recertification or within six months procedures to guarantee that the transfer amendment to 7 CFR 273.2(f)(1)(v) to following the month in which the baby of a case from one project area to allow a completed Form SSA–2853 to is born, whichever is later. The another does not affect the household be acceptable as proof of SSN Department believes that amending the adversely. application for an infant. The provision to include a fixed time period We received six comments on the Department received no negative will ensure that all households benefit proposal. Five commenters wrote to comments on this proposal and is equally from the change in procedures. support the proposal, though one of the adopting it as final. The Department also believes that six five felt that the new provision might be Current regulations at 7 CFR 273.6(d) months is sufficient time for households costly to implement and may confuse allow for good cause exceptions to the to acquire the necessary materials to State staff. Since Statewide residency is SSN requirement in cases in which a apply for an SSN for a newborn. an option for State agencies, however, household is unable to provide or apply Accordingly, if the household cannot each State can determine for itself if the for an SSN for a newborn baby provide an SSN or proof of application change in residency requirements is immediately after the baby’s birth. The at its next recertification after the birth beneficial. regulations allow the household of a new household member or within The sixth commenter asked how the member without an SSN to participate six months of the month in which the change to Statewide residency would for one month in addition to the month baby is born, the State agency shall affect the definition of mail loss liability of application. However, good cause determine if the good cause provisions as it relates to project areas in 7 CFR does not include delays due to illness, of 7 CFR 273.6(d) are applicable. 276.2(b)(4)(i). The change to Statewide lack of transportation or temporary Another commenter noted that AFDC residency should have no effect on State absences of that household member does not have a good cause provision in agencies’ mail loss liabilities. The from the household, and good cause its SSN regulations, and that the Department believes that there is a clear must be shown monthly in order for the application for a newborn must be done distinction between Statewide residency household member to continue to by the end of the month following the for certification purposes and Statewide participate. month in which the mother is released reporting of mail issuance. A State To avoid a delay in adding a new from the hospital. The Department agency could opt for Statewide member to the household, the recognizes that the Food Stamp residency yet retain project area Department proposed to amend 7 CFR Program’s good cause provision does designations for purposes of mail loss 273.6(b) to provide that, in cases in not conform with the requirements of liability. which a household is unable to provide the AFDC program. The Department No negative comments were received or apply for an SSN for a newborn baby believes, however, that the provision is on the proposed amendment to 7 CFR immediately after the baby’s birth, a advantageous to participating 273.3, and the Department is adopting it household may provide proof of households, which frequently encounter as final without change. application for an SSN for a newborn difficulty obtaining certified copies of infant at its next recertification. If the birth certificates needed to apply for an Social Security Numbers for household is unable to provide an SSN SSN, and that this offsets the need for Newborns—7 CFR 273.2(f)(1)(v), 7 CFR or proof of application at its next conformity in this area. 273.6(b) recertification, the State agency would Another commenter thought that the Current regulations at 7 CFR 273.6(a) determine if the good cause provisions proposed change to the SSN require an applicant household to of 7 CFR 273.6(d) are applicable. requirement for newborns conflicted provide the State agency with the social The Department received four with expedited service processing security number (SSN) of each comments on this provision of the requirements, and requested that final household member. A household proposed rule. Two commenters regulations clarify whether the newborn 54308 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations

SSN policy supersedes that under Determining income—7 CFR household’s needs for the whole year) expedited processing. 273.10(c)(2) from contract or self-employment shall Current regulations at 7 CFR Current regulations at 7 CFR have the income averaged over 12 273.2(i)(4)(i)(B) require that households 273.10(c)(2)(iii) provide that households months. Current regulations at entitled to expedited service furnish an receiving public assistance payments 273.10(c)(3)(ii) implement this SSN for each person or apply for one for (PA) or general assistance (GA), provision of the Act, stating that each person before the first full month Supplemental Security Income (SSI), or ‘‘[h]ouseholds which, by contract or of participation. Those household Old-Age, Survivors, and Disability self-employment, derive their annual income in a period of time shorter than members unable to provide the required Insurance (OASDI) benefits on a 1 year shall have that income averaged SSNs or who do not have one prior to recurring monthly basis shall not have over a 12-month period, provided the the first full month of participation are their monthly income from these income from the contract is not received allowed to continue to participate only sources varied merely because mailing on an hourly or piecework basis.’’ The if they satisfy the good cause cycles may cause two payments to be regulations at 7 CFR 273.11(a)(1)(iii) requirements with respect to SSNs received in one month and none in the address how self-employment income specified in 7 CFR 273.6(d). next month. In the proposed rule, it was which is not a household’s annual noted that there are other instances in To avoid a conflict between the new income and is intended to meet the which a household may receive a SSN requirement for newborns and household’s needs for only part of the expedited service processing disproportionate share of a regular year should be handled. 7 CFR requirements, the Department is stream of income in a particular month. 273.11(a)(1)(iii) provides that ‘‘[s]elf- amending the expedited service For example, an employer may issue employment income which is intended requirements at 7 CFR 273.2(i)(4)(i)(B) checks early because the normal payday to meet the household’s needs for only to allow a newborn to participate for up falls on a weekend or holiday. We part of the year shall be averaged over to six months following the month of its proposed, therefore, to amend 7 CFR the period of time the income is birth before providing an SSN or proof 273.10(c)(2)(iii) to specify that income intended to cover.’’ The regulations, of application for an SSN. received monthly or semimonthly however, fail to specify how contract (twice a month, not every two weeks) Funeral Agreements—7 CFR 273.8(e)(2) income which is not a household’s shall be counted in the month it is annual income and is intended to meet intended to cover rather than the month Current regulations at 7 CFR the household’s needs for only part of in which it is received when an extra 273.8(e)(2) exclude the value of one the year should be handled. The check is received in one month because burial plot per household member from Department proposed to rectify this of changes in pay dates for reasons such resource consideration. In the proposed omission in the proposed rule by as weekends or holidays. rule, we proposed to adopt a funeral amending 7 CFR 273.10(c)(3)(ii) to Three commenters supported the agreement policy similar to that of the clarify that contract income which is not proposed provision. A fourth AFDC program. AFDC regulations at 45 the household’s annual income and is commenter objected to the proposed CFR 233.20(a)(3)(i)(4) exclude from not paid on an hourly or piecework provision being limited to income resource consideration ‘‘bona fide basis shall be averaged over the period received on a monthly or semimonthly funeral agreements (as defined and the income is intended to cover. The basis, arguing that income which is within limits specified in the State plan) Department received two comments received on a weekly or biweekly basis of up to a total of $1,500 of equity value supporting the proposed provision, and may also be received early (or late) or a lower limit specified in the State is adopting the provision as final. because the normal payday falls on a plan for each member of the assistance weekend or a holiday. The commenter Certification Periods—7 CFR 273.10(f) unit.’’ Accordingly, we proposed to thought that any type of payment In the January 11, 1995 publication, amend 7 CFR 273.8(e)(2) to allow for an schedule that is altered due to a holiday, the Department proposed changes in the exemption from resource consideration weekend, or vacation should not affect certification period requirements at 7 of up to $1,500 for bona fide, pre-paid a household’s eligibility for food CFR 273.10(f) to allow State agencies funeral agreements that are accessible to stamps. more flexibility in aligning the food the household. Funeral agreements that Current regulations at 7 CFR stamp recertification and the PA/GA are inaccessible to a household were not 273.10(c)(2)(1) already address redetermination in joint cases. Section affected by the proposed rule, as they fluctuations in income that is received 3(c) of the Food Stamp Act, 7 U.S.C. are excluded from resource on a weekly or biweekly basis. The 2012(c), requires that the food stamp consideration under the provisions of 7 regulations require that whenever a full certification period of a GA or PA CFR 273.8(e)(8). month’s income is anticipated but is household coincide with the period for Three commenters supported this received on a weekly or biweekly basis, which the household is certified for GA provision. One commenter the State agency shall convert the or PA. However, because PA/GA and misunderstood the proposal and income to a monthly amount. Since Food Stamp Program processing thought that the exclusion of up to conversion addresses the receipt of a standards and the period for which $1,500 in a bona fide funeral agreement fifth check (in weekly pay) or a third benefits must be provided are not the per household member replaced the check (in biweekly pay), the Department same, it is often difficult to get the exclusion of one burial plot per is not adopting the commenter’s certification periods for the programs to household member currently at 7 CFR suggestion. The provision is adopted as coincide. The Department proposed 273.8(e)(2). The funeral agreement proposed. three procedures which State agencies exclusion is in addition to the exclusion could employ to align PA/GA and food of one burial plot per household Contract Income—7 CFR 273.10(c)(3)(ii) stamp certification periods. Under the member and is not intended to replace Section 5(f)(1)(A) of the Food Stamp first procedure, when a household is the burial plot exclusion. The Act, 7 U.S.C. 2014(f)(1)(A), provides that certified for food stamp eligibility prior provisions of the proposed rule are households which derive their annual to an initial determination of eligibility adopted as final. income (income intended to meet the for PA/GA, the State agency would Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54309 assign the household a food stamp could be postponed up to an additional program in a joint PA or GA case, and certification period consistent with the 5 months to align food stamp extension of the food stamp certification household’s circumstances. When the recertification and PA/GA for a few months would allow for PA/GA is approved, the State agency redetermination. In the 12th month, the alignment under normal circumstances. would reevaluate the household’s food household would have to be recertified The food stamp certification period may stamp eligibility. The household would for food stamp purposes, even if the PA be extended up to 12 months to align not be required to submit a new redetermination had not yet been the food stamp certification period with application or undergo another face-to- completed. the PA/GA redetermination period. If face interview. If eligibility factors The Department received 12 the household’s certification period is remained the same, the food stamp comments on the proposed procedures extended, the State agency shall notify certification period would be extended for aligning certification periods. Five the household of the changes in its up to an additional 12 months to align commenters wrote in support of all certification period. At the end of the the household’s food stamp three proposed options. Three extended certification period the recertification with its PA/GA commenters suggested further changes household must be sent a Notice of redetermination. The State agency to those procedures. Two asked that the Expiration and must be recertified would be required to send a notice options for aligning food stamp and PA/ before being eligible for further food informing a household of any such GA certification periods apply for stamp assistance, even if the PA or GA changes in its certification period. At aligning food stamp certification periods redetermination is not set to expire. the end of the extended certification and those of the Medicaid program and If the household’s certification period period the household would be sent a other medical programs. One is shortened, the State agency shall send Notice of Expiration and would have to commenter suggested a fourth option in it a notice of expiration which informs be recertified before being determined which food stamp certification reviews the household that its certification eligible for further food stamp could be completed at the same time as period will expire at the end of the assistance, even if the PA/GA AFDC reviews or applications. The month following the month the notice of redetermination had not been remaining commenters raised various expiration is sent and that it must completed. In the event that a questions or criticized the proposed reapply if it wishes to continue to household’s PA/GA redetermination is options. One commenter objected that participate. The notice of expiration not completed at the end of the food the proposed changes did not address shall also explain to the household that stamp certification period and, as a the 24-month certification period its certification period is expiring in result, the household’s food stamp and requirement for monthly reporting order that it may be recertified for food PA/GA certification periods are no households residing on Indian stamps at the same time that it is longer aligned, the State agency could reservation land. Another thought that redetermined for PA or GA. again employ the procedure described the third option failed to address In response to commenters’ above to align those certification required client notices. One commenter suggestions, the Department is further periods. thought that the first and third options revising 7 CFR 273.10(f)(3) to offer State The second procedure for aiding State appear error prone because specific agencies the option of extending or agencies in aligning PA/GA and food criteria for extending certification shortening certification periods as noted stamp certification periods was to allow periods is not provided. Two above in order to align them with State agencies to recertify a household commenters felt that the second and certification periods in Medicaid and currently receiving food stamps when third options would increase State other medical programs. The the household comes into a State office agency workload rather than reduce it. Department is offering this as an option to report a change in circumstances for The Department offered the options in instead of a requirement because the PA/GA purposes. At that time, the State order to simplify administration of the Food Stamp Act does not require that agency would require the household to requirement in section 3(c)(1) of the Act the food stamp certification period of a fill out an application for food stamps that PA/GA certification periods be household also receiving Medicaid or and to undergo a face-to-face interview. aligned with food stamp certification other medical programs coincide with If the household was determined periods. In light of the comments the period for which the household is eligible to continue receiving food received on the proposed provision, and certified for those programs. the Department’s commitment to stamps, its current certification period Calculating Boarder Income—7 CFR extending flexibility to State agencies, would end and a new one would be 273.11(b) assigned. the Department is further simplifying The third procedure for aiding State the requirements at 7 CFR 273.10(f)(3). Current rules at 7 CFR 273.11(b) agencies in aligning PA/GA and food The section is revised to allow the State provide that State agencies must use the stamp certification periods was to allow agency to shorten or extend a maximum food stamp allotment as a State agencies to assign indeterminate household’s food stamp certification basis of establishing the cost of doing certification periods to households period in order to align the food stamp business for income received from certified for both food stamps and PA/ recertification date with the PA or GA boarders when the household does not GA. Under this procedure, a redetermination date. The household’s own a commercial boardinghouse. household’s food stamp certification food stamp certification period can only Boarders are not included as members period would be set to expire one month be extended when the household is of the household to which they are after the household’s scheduled PA/GA initially approved for PA/GA. Although paying room and board. The households redetermination, so long as the period of this rule offers considerable flexibility receiving the room and board payments food stamp certification did not exceed in aligning the food stamp and PA/GA must include those payments as self- 12 months. Therefore, if a food stamp recertifications, we anticipate that an employment income, but can exclude certification were set for 7 months and extension of no more than 4 months will that portion of the payments equal to would expire the month after the month be necessary in most cases. The the cost of doing business. The rules the PA redetermination was due, but the extension would generally be needed provide that the cost of doing business PA redetermination was not done on because of the difference in approval is either (1) the maximum food stamp time, the food stamp certification period dates for food stamps and the other allotment for a household size equal to 54310 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations the number of boarders; or (2) the actual One commenter asked that the final expenses,’’ which the commenter documented cost of providing room and rule clearly reflect that it is the State interpreted to mean that all allowable meals, if that cost exceeds the maximum agency, not the household, that chooses costs could be standardized if they are allotment. the options available for the household incurred as a cost of doing business. The In the proposed rule, the Department to use as a cost of doing business. commenter asked if that is what the proposed to revise 7 CFR Another commenter asked if the State Department is proposing. 273.11(b)(1)(ii)(C) to provide State agency must choose only one of the The proposed standard is intended to agencies with an additional option for three proposed options and apply it to cover only the costs of meals and not calculating boarder income. Under the all households that do not opt to use other self-employment expenses that the proposal, State agencies would have the actual business expenses, or can a household providing in-home day care option to use actual costs, the maximum household or State agency choose any of may incur. The purpose of the provision allotment for a household size equal to the three options on a case-by-case was to incorporate into regulations a the number of boarders, or a flat amount basis. procedure found to be effective through or fixed percentage of gross income from The Department believes that the the Department’s waiver process. As boarders to determine the cost of doing household should be allowed to choose noted in the proposed rule, several State business of households with boarders. the method used to determine its agencies were granted waivers to use a The Department noted in the proposed boarder-generated income. The flat dollar amount, such as $5 a day, or rule that the AFDC program used a flat Department is amending the proposed to use the FCS Child and Adult Care percentage equal to 75 percent of the provision at 7 CFR 273.11(b)(1)(ii) to Food Program reimbursement rates, to boarder-generated income (45 CFR clearly state this policy. cover the cost of meals provided by day 233.20(a)(6)(v)(B)). We, however, did care households to individuals in their Day Care Providers—§ 273.11(b)(2) not propose a percentage limit, but care instead of requiring the households requested suggestions on an appropriate Under current regulations at 7 CFR to document actual meal costs. Those percentage from commenters. 273.11(a)(4)(i), households which State agencies have reported that use of We received 11 comments on the provide in-home day care can claim the a standard benefits households by proposed provision. One commenter cost of meals provided to individuals in eliminating the need for them to keep recommended that we set the their care as a cost of doing business, extensive records on actual meal costs. percentage of gross income at 75 provided they can document the cost of It is also advantageous to the State percent. A second commenter suggested each meal. In the proposed rule, the agencies as it eliminates the need for that we use the same percentage limit as Department proposed to allow workers to verify actual meal costs. is used in the AFDC program. A third households who are day care providers Another commenter thought that the commenter said that they were not to use a standard amount per individual proposed rule was unclear as to whether opposed to an additional method of as a cost of doing business. The or not the standard reimbursement calculating boarder income as long as Department believed that use of a amount had to be established separately they are able to coordinate it with their standard reimbursement rate (standard) for food stamps or whether a AFDC program. Another commenter for the cost of providing day care would reimbursement amount approved for said that the AFDC program in their eliminate the burden on day care use in a State public assistance (PA) State does not provide for an exclusion providers to document itemized costs program could be used without separate of 75 percent of boarder-generated incurred for producing the income and approval from FCS. income. It provides for the exclusion of would increase the benefits for It is the Department’s intention that the actual cost of doing business. If that households that fail to adequately State agencies develop their own meal cost is not documented, or if it is below document business costs. Use of a cost standards. State agencies are free, $60 a month, the State agency excludes standard would also decrease the therefore, to use the same standard as is $60 as the cost of doing business. amount of time needed to process self- used in their PA or general assistance Another commenter suggested not employment cases of this type and programs. Furthermore, State agencies setting a percentage limit, but allowing reduce payment errors. do not need to seek departmental State agencies to use a percentage that Under the proposed provision, State approval of the standard they choose to reflects circumstances in their State. agencies would be required to inform use. State agencies must, however, Since there was no consensus among households of their opportunity to inform households of their right to commenters on the percentage of gross verify actual meal expenses and use verify actual meal expenses and use income from boarders that should be actual costs if higher than the fixed those actual costs if they exceed the used to determine the cost of doing amount. When establishing a standard standard amount. business of households with boarders, amount, State agencies would take into Two commenters requested further the Department has decided to retain account the differences in cost for full- clarification on the Department’s the language of the proposed rule and day and part-day care. Households that recommendation in the proposed rule allow State agencies to set their own flat are reimbursed for the cost of meals that, when establishing a standard amount or fixed percentage of boarder- provided to individuals in their care, for amount, State agencies take into account generated income to determine the cost example through the FCS Child and the differences in cost for full-day and of doing business for households with Adult Care Food Program, would not be part-day care. One commenter wanted boarders. As in the proposed rule, the able to claim the standard but could to know if it meant that the State agency method used to determine the flat claim actual expenses that exceed the should have separate standards for part- amount or fixed percentage must be amount of their reimbursement. day and full-day care. The other objective, justifiable, and stated in the One commenter found the preamble requested a definition of part-time. State’s food stamp manual. If the State of the proposed rule confusing, noting As noted above, the Department agency selects the fixed percentage that it begins and ends with a intends for State agencies to develop option to determine the cost of doing discussion of the cost of providing their own meal standards. The business for households with boarders, meals by day care providers, yet in the statement in the proposed rule that State it must give households the opportunity body refers to allowing use of a standard agencies consider the differences in to claim actual costs. for ‘‘determining self-employment part-day and full-day care when setting Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54311 the standard was, therefore, only a Recertification—7 CFR 273.14 take to ensure that eligible households recommendation, and the Department is In the January 11, 1995 rule, the receive uninterrupted benefits. Revised not requiring State agencies to Department proposed several changes to section 273.14(b) contained the differentiate between the two when current regulations at 7 CFR 273.14 requirements for the notice of creating a standard. Consequently, the which govern recertification procedures. expiration, the recertification form, the Department is not providing a definition The Department proposed a general interview and verification. Revised of part-day care, but will leave it up to reorganization of the section in order to section 273.14(c) contained the filing State agency discretion. provide a clearer expression of deadlines for timely applications for recertification. Current sections The comments received on the recertification requirements. The 273.14(d), (e), and (f) were revised into proposed provision requested Department also proposed several two new sections 7 CFR 273.14 (d) and clarification of the preamble and not changes in recertification procedures (e). New section 7 CFR 273.14(d) changes to the regulatory language of which it believed would provide State combined all of the provisions of the the provision. Therefore, the agencies with more flexibility when previous sections relating to timeframes Department is adopting the proposed recertifying households. Each proposed for providing benefits when all amendment to 7 CFR 273.11(b)(2) as change is discussed in detail below. processing deadlines are met. New final without change. The Department received two general section 7 CFR 273.14(e) addressed comments on the proposed changes to 7 Exemption from Providing a Notice of situations in which the household or the CFR 273.14, one positive and one Adverse Action—7 CFR 273.13(b) State agency fail to meet processing negative. One commenter strongly deadlines. Current regulations at 7 CFR 273.13(a) supported all the proposed changes, The Department received no require State agencies to send a notice believing that they will simplify and comments on the proposed structural of adverse action (NOAA) to a improve the recertification process. The revision of the section and is retaining household prior to any action to reduce other commenter thought that the it in the final rule. or terminate the household’s benefits, proposed changes clearly added except as provided in 7 CFR 273.13(b). unfunded Federal mandates. The 2. Recertification Forms That section does not include an commenter wrote that the discussion in In the January 11, 1995 rule, the exception to the NOAA requirements the preamble implied that States were Department proposed to revise 7 CFR when mail sent to a household is being given options for handling the 273.14(b)(2) to allow State agencies the returned with no known forwarding recertification process but in the option of using a modified application address. The AFDC regulations at 45 proposed regulations only a single form for recertifying households. This CFR 205.10(a)(4)(ii) do not require an process which encourages the State form could be used only for those advance notice of adverse action in this agency to send a recertification form, an households which apply for situation. In the proposed rule, the interview appointment letter, and a recertification before the end of their Department suggested adding an statement of needed verification with current certification period. The State exemption from sending a NOAA if each notice of expiration was stated. agency would be required to devise its agency mail has been returned with no The commenter felt that the procedure own form, and would have to include known forwarding address. Since it is was an unfunded Federal mandate and on it the information required by 7 CFR unlikely that the Postal Service can was counter productive to any 273.2(b)(1)(i), (ii), (iii), (iv) and (v). This deliver a NOAA mailed to an address automated system based on interactive information is required by section which is no longer correct, it is interviews. The commenter thought that 11(e)(2) of the Act, 7 U.S.C. 2020(e)(2), reasonable to specify in regulations that if a State was currently experiencing no and apprises applicants of their rights no notice is required if delivery cannot problems with the recertification and responsibilities under the Program. be reasonably expected. process, there was no need to The information regarding the Income complicate the process by developing an and Eligibility Verification System in 7 Four commenters supported the additional form to use just for CFR 273.2(b)(2) may be provided on a proposed provision. One commenter recertification or by establishing separate form. In accordance with noted, however, that although the cited different procedures. section 11(e)(2) of the Act, which AFDC regulation does not require It was not the Department’s intention requires that the Department approve all advance notice if delivery cannot be in the proposed rule to impose new deviations from the uniform national reasonably expected, notice is still recertification requirements on State food stamp application, all required. agencies. The proposed procedures, recertification forms would have to be The Department does not believe it is which were drawn from State agency approved by FCS before they could be necessary to send a notice to an address waiver requests, were meant only as used. known to be incorrect. A recipient options which State agencies can The Department received three whose benefits were reduced or employ to simplify the recertification comments on the recertification form terminated and who did not receive a process. State agencies which do not proposal. One commenter supported the notice would still be entitled to a fair find the proposed options beneficial provision. Another commenter thought hearing in accordance with 7 CFR should not employ them. that the proposed regulatory language 273.15 and restoration of benefits, as made it mandatory for the State agency provided in 7 CFR 273.17. However, to 1. Reorganization to use a recertification form and did not allow State agencies to use the same In the January 11, 1995 rule, the allow the option to use the regular procedure for food stamps and AFDC, Department proposed to reorganize 7 initial application at recertification. The we are adding a new paragraph (c) to 7 CFR 273.14 in an attempt to provide a Department had intended to indicate CFR 273.13 to provide that State clearer expression of the recertification that the proposed recertification form is agencies may at their option send an requirements. Revised section 273.14(a) meant as an option for State agencies adequate notice to households whose contained general introductory and is not mandatory. The Department mail has been returned with no known statements regarding actions the is revising the proposed language at 7 forwarding address. household and the State agency must CFR 273.14(b)(2)(i) to clarify this. 54312 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations

The third commenter noted that if a the future. That is not the Department’s Two commenters addressed the recertification form is to be used for intent. proposal to allow one face-to-face joint food stamps/SSI processing in Current food stamp regulations at 7 interview a year for joint food stamp/PA accordance with 7 CFR 273.2(k), State CFR 273.2(e) provide for a waiver of the households. One commenter wrote to agencies must obtain SSA approval as face-to-face interview requirement for support the provision. The other well as FCS approval before using the hardship reasons. The Department did suggested that the Department make form. The Department agrees and is not propose in the January 11, 1995 rule food stamps and PA/GA requirements revising the proposed language at 7 CFR to change that provision, and, in fact, even more compatible by allowing mail- 273.14(b)(2)(i) to clarify this. proposed to include a reference to it in in recertifications when the household is not due for its face-to-face interview. 2–A. Face-to-Face Interviews 7 CFR 273.14(b)(3). The commenter may have been confused by the discussion The Department agrees with the Under current regulations, State on Federal Register page 2709 of the commenter that it is advantageous to agencies are required to conduct face-to- proposed rule concerning a suggestion both households and State agencies to face interviews with households made previously by State agencies to have food stamp and PA requirements applying for recertification. In the allow case workers to determine on a align as closely as possible. Therefore, January 11, 1995 rule, we proposed to case-by-case basis which households the Department is revising 7 CFR revise 7 CFR 273.14(b)(3) to allow State needed to be interviewed. The 273.14(b)(3)(ii) to allow for mail-in agencies to interview by telephone any Department rejected the suggestion, recertifications at any recertification in household that has no earned income believing that providing for the waiving an annual period in which the and whose members are all elderly or of face-to-face interviews based on a household does not receive a face-to- disabled. We also proposed to give State caseworker’s personal determination face interview for PA or GA. Telephone agencies the option of conducting a that a face-to-face interview is not interviews should be conducted with face-to-face interview only once a year necessary in a particular case could the household if any of its reported with a food stamp household that compromise the right to equal treatment circumstances are questionable. receives PA or GA. The interview could guaranteed all food stamp recipients The remaining three commenters be conducted at the same time the under section 11(c) of the Act, 7 U.S.C. objected to the proposed provision at 7 household is scheduled for its PA or GA CFR 273.14(b)(3). That provision 2020(c). face-to-face interview. At any other required the State agency to reschedule One commenter thought that the recertification during that time period, a missed interview if the interview had option to waive face-to-face interviews the State agency may choose to been scheduled before the household should be extended to households interview the household by telephone. had submitted a recertification form. subject to monthly reporting and However, the State agency would be One of the commenters noted that under retrospective budgeting (MRRB). The required to grant a face-to-face interview current regulations at 7 CFR commenter thought that since the to any household that requests one. 273.14(c)(2), it is the household’s circumstances of these households are We received nine comments on the responsibility to reschedule a missed updated monthly, a telephone interview proposed provision. One commenter interview even if that interview was should be sufficient to complete the thought that the definition of ‘‘stable scheduled prior to the household filing household’s recertification households’’ in the proposed rule was a timely application. unclear, and that the final rule should determinations. The Department agrees with the specify the households for which Another commenter thought that the commenters that the proposed provision telephone interviews may be conducted. option to waive face-to-face interviews added an additional recertification The Department believes that the should also be extended to include requirement, and is therefore making no proposed regulatory language at 7 CFR group living arrangement residents even change to current requirements at 7 CFR 273.14(b)(3) clearly specified those if they have earned income. The 273.14(c)(2). categories of households for which the commenter explained that the resident face-to-face interview could be waived. is usually not able to complete the 3. Verification It may be waived for those households application process so it is completed Current regulations at 7 CFR that have no earned income and in by the authorized representative (AR) 273.14(c)(3) give State agencies the which all members are elderly or (usually the case manager) and all option of establishing timeframes for disabled, and it may be waived for food verifications are submitted by the AR. submission of verification information. stamp households also receiving PA or One case manager is responsible for To increase consistency with GA. In the latter case, a household numerous residents, and face-to-face procedures for initial applications and would have to receive at least one face- interviews are very time consuming provide sufficient time for households to-face interview a year. both for them and State staff. The to obtain the required verification Another commenter thought that the commenter thought that since all the information, the Department proposed provision allowing State agencies to information is received through the AR in the January 11, 1995 rule to revise 7 interview by telephone any household for those households, a telephone CFR 273.14(b) to add a new paragraph that has no earned income and whose interview of the AR should be sufficient. (4) to require State agencies to allow members are all elderly or disabled is The Department agrees that the households a minimum of 10 days in more restrictive than, and contradicts, changes suggested by the above two which to satisfy verification the Food Stamp Act. Section 11(e)(2) of commenters have merit. However, the requirements. the Food Stamp Act, 7 U.S.C. 2020(e)(2), Department believes that such One commenter noted that there is no currently provides for the waiver of the significant changes to current provision for the situation in which the face-to-face interview on a case-by-case regulations should be proposed in order required 10-day period would extend basis for those households for whom a to give interested parties the beyond the end of the certification visit to the food stamp office would be opportunity to comment. Therefore, the period. Current regulations at 7 CFR a hardship. The commenter apparently Department is not adopting either 273.14(d)(2) require that if a thought that the Department was suggestion at this time, but will consider household’s eligibility is not determined proposing to prohibit such waivers in both in future rulemakings. by the end of the current certification Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54313 period because of the time period The Department received no comments The Department is not adopting the allowed for submitting missing on the proposed provision and is commenters’ recommendation. The verification, and the household is adopting it as final. commenters’ suggestion goes beyond the subsequently found eligible, it must provision of the proposed rule. As noted 5. Early Denial receive an opportunity to participate earlier in this section, the Department within 5 working days after submission Under current regulations at 7 CFR believes that significant changes to of the required verification. The 273.14(a)(3), a State agency may deny a current regulations should be proposed Department is revising the proposed household’s application for in order to provide an opportunity for regulations at 7 CFR 273.14(b)(4) to recertification at the time a household’s public comment. Therefore, the include this requirement. certification period expires or within 30 Department is not accepting the The Department also proposed to days after the date the application was commenter’s suggestion at this time but simplify the requirements for verifying filed as long as the household has had will consider it for future rulemakings. information at recertification. Current adequate time to satisfy verification regulations at 7 CFR 273.2(f)(8)(i) 6. Proration of Benefits at requirements. Under current regulations Recertification require State agencies to verify at at 7 CFR 273.14(a)(2), a household that recertification a change in income or fails to attend a scheduled interview or Current regulations at 273.14(f)(2) actual utility expenses if the source has to provide required verification provide that any application for changed or the amount has changed by information within required timeframes recertification not submitted in a timely more than $25. State agencies are also loses its right to uninterrupted benefits manner shall be treated as an required to verify previously unreported but cannot be denied eligibility at that application for initial certification, medical expenses and total recurring time, unless the household fails to except for verification requirements. If medical expenses which have changed cooperate or the household’s the household does not submit a by $25 or more. Section 273.2(f)(8)(i) certification period has elapsed. recertification form before its certification period expires, the also prohibits State agencies from In the January 11, 1995 rule, the household’s benefits for the first month verifying income, total medical Department proposed a change in of the new certification period are expenses, or actual utility expenses provisions for handling the prorated in accordance with 7 CFR which are unchanged or have changed recertification of households which do by $25 or less, unless the information is 273.10(a)(2). However, section 13916 of not comply with the requirements for the 1993 Leland Act amended section ‘‘incomplete, inaccurate, inconsistent, interviews or verification. We proposed or outdated.’’ The Department proposed 8(c)(2)(B) of the Act, 7 U.S.C. to include in revised section 7 CFR to amend 7 CFR 273.2(f)(8)(i)(A) and (C), 2017(c)(2)(B), to eliminate proration of 273.14(e) a provision to allow State and (ii) to replace the terms first month’s benefits if a household is agencies the option of denying ‘‘incomplete, inaccurate, inconsistent or recertified for food stamps after a break eligibility to households as soon as a outdated’’ with the term ‘‘questionable.’’ in participation of less than one month. One commenter was concerned that failure to comply with the interview or Therefore, if a household submits an as a result of the change in wording, verification requirement occurs. The application for recertification after its State agencies might interpret State agency would be required to send certification period has expired, but ‘‘questionable’’ to mean something other the household a denial notice informing before the end of the month after than incomplete, inaccurate, it that its application for recertification expiration, the application is not inconsistent, or outdated, and that they has been denied. The notice would have considered an initial application and will not reverify information that falls in to contain the reason for the denial, the the household’s benefits for that first these categories. action required to continue month are not prorated. In the final rule, To avoid any possibility that participation, the date by which it must we proposed to include this new incomplete, inaccurate, inconsistent, or be accomplished, the consequences of provision in revised section 7 CFR outdated information might not be failure to comply, notification that the 273.14(e)(2)(ii). The Department reverified, the Department has decided household’s participation will be received no comments on the proposed not to make the proposed change. reinstated if it complies within 30 days provision and is adopting it as final. after its application for recertification 4. Filing Deadline was filed and is found eligible, and that 7. Expedited Service Currently, 7 CFR 273.14(c)(1) the household has a right to a fair Section 11(e)(9) of the Act, 7 U.S.C. provides that for monthly reporting hearing. If the household subsequently 2020(e)(9), requires State agencies to households the deadline for filing an requests an interview or provides the provide coupons within 5 days after the application for recertification is the required verification information within date of application to destitute migrant normal date for filing a monthly report. 30 days of the date of its recertification or seasonal farmworkers; households Several State agencies have requested application and is found eligible, the with gross incomes less than $150 a that, for the purpose of administrative State agency must reinstate the month and liquid resources that do not efficiency and flexibility, the household. Under this option, benefits exceed $100; homeless households; and Department make the filing deadline for must be provided within 30 days after households whose combined gross monthly reporters the 15th of the last the application for recertification was income and liquid resources are less month of the household’s certification filed or within 10 days of the date the than their monthly rent, mortgage and period (recertification month), the same household provided the required utilities. as it is for nonmonthly reporting verification information or completed In the January 11, 1995 rule, the households. We proposed in the January the interview, whichever is later. Department proposed to eliminate 11, 1995 publication to revise 7 CFR The Department received four expedited service at recertification. The 273.14(c) to give State agencies the comments on the proposed provision. Department proposed to create a new option of making the filing deadline for Two commenters support the proposal, section, 7 CFR 273.14(f), which would monthly reporters either the 15th of the and the other two suggested that it clarify that households which recertification month or the household’s apply at initial certification as well as at punctually apply for recertification, or normal date for filing a monthly report. recertification. which apply late but within the 54314 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations certification period, are not entitled to must receive expedited service if submitted an application for expedited service. However, households eligible in accordance with the recertification in a timely manner but, which do not apply for recertification provisions of 7 CFR 273.14(f) finalized due to State agency error, are not until the month after their certification in this rule. In accordance with the new determined eligible in sufficient time to period ends are entitled to expedited provisions at 7 CFR 273.14(e)(2)(ii), the provide for issuance of benefits by the service if they are otherwise eligible for household’s benefits for the first month household’s next normal issuance date such service. A conforming amendment cannot be prorated if it satisfies all shall receive an immediate opportunity to 7 CFR 273.2(i)(4)(iv) was also application processing requirements on to participate. The commenter thought proposed. a timely basis. that the phrase ‘‘immediate opportunity The Department received eight A household that reapplies after the to participate’’ should be replaced with comments on the proposed rule. Three 15th of the month in the month a definitive timeframe. The commenter commenters supported the proposed following the end of its last certification felt that consideration must be given to provision. Four commenters strongly period, is not eligible for a combined different issuance systems and the need opposed granting expedited service to allotment. Section 8(c)(3)(B) of the Act to mail benefits so that the phrase households that reapply in the month requires a combined allotment when a ‘‘immediate opportunity’’ has widely immediately following the month of household that is entitled to expedited varying interpretations. their last certification period. The service applies after the 15th day of the Because issuance systems vary commenters thought that households month in lieu of its ‘‘initial’’ allotment between States, the Department is would use the provision to manipulate and its regular allotment for the unsure of what timeframe would be State agencies’ issuance systems in following month. Section 8(c)(2)(B) appropriate. The Department does not order to receive benefits earlier than defines an initial month as one that wish to impose a timeframe that would usual. follows any period of more than one be burdensome for many State agencies The Department believes there is no month in which the household was not to meet, or a timeframe that is too broad substantive evidence to support the participating in the program. Since the and therefore further penalizes commenters’ claim that households will month in which the household is households who have not been given an purposefully fail to submit timely reapplying is not an initial month, a opportunity to participate within their applications for recertification in order combined allotment would not be normal issuance cycle because of an to receive their first month’s benefits required. The household, if eligible, error on the part of the State agency. For earlier than they would under their would be entitled to a full month’s these reasons, the Department is not normal issuance cycle. Anecdotal allotment for the month in which it adopting the commenter’s suggestion evidence received from State agencies reapplies. but is adopting the proposed provision which have applied for waivers of the as final. This will allow the State agency 8. Miscellaneous Provisions expedited service requirement indicates more flexibility to fit the requirement rather that households prefer to receive One commenter thought that the into its issuance system. their allotments for the first month of proposed requirement at 7 CFR their new certification period in their 273.14(d)(2) that households be notified Retrospective Suspension—7 CFR normal issuance cycle. The Department, of their eligibility or ineligibility by the 273.21(n) therefore, is making no change to the end of their current certification period Current regulations at 7 CFR 273.21(n) proposed provision and is adopting it as places a hardship on State agency staff. allow State agencies the option of final. The commenter thought that, in suspending issuance of benefits to a The last commenter requested administering the rule, consideration household that becomes ineligible for clarification on the interaction of the must be given to weekends, holidays, one month. State agencies that do not rules on expedited service, proration, and mail time which shortens the choose suspension must terminate a and combined allotments. At initial timeframe for making an eligibility household’s certification when it application, a household eligible for determination. The commenter thought becomes ineligible, and the household expedited service must receive such the regulation should be amended to must reapply to reestablish its eligibility service. If the household applies before require that the eligibility determination for the Program. the 15th of the month, it receives be made by the end of the current The need for suspension typically prorated benefits for the first month if certification period. occurs when a household paid weekly eligible (assuming it timely satisfies all The proposed provision represented (or biweekly) receives an extra check in application requirements). If the no change from existing policy as a month with five (or three) paydays. household applies after the 15th of the currently contained at 7 CFR Under current policy, State agencies month and is eligible for expedited 273.14(d)(2) and 273.10(g)(1)(iii). The which opt to suspend rather than service, it must receive a prorated Department understands the difficulty terminate a household’s participation allotment for the first month and a full State agencies may encounter when must anticipate prospectively which allotment for the second month within determining household eligibility. month the household will be ineligible the 5-day expedited service timeframe However, the Department believes and suspend the household’s with postponed verification, if households should be informed of their participation for that month. necessary, to meet the expedited eligibility prior to the end of their In the proposed rule, the Department timeframe. certification period to ensure that they proposed to amend 7 CFR 273.21(n) to At recertification, if the household are aware of their eligibility or grant State agencies the option of timely reapplies for benefits and timely ineligibility prior to the date they expect suspending households either satisfies all application processing to receive their next allotment. The retrospectively or prospectively. Under requirements, it is not eligible for Department is adopting the proposed retrospective suspension, the State expedited service, its benefit for the first provision as final. agency suspends the household for the month is not prorated, and it does not The same commenter also suggested a issuance month corresponding to the receive a combined allotment. If the change to the proposed regulations at 7 budget month in which the household household reapplies in the month after CFR 273.14(e)(1). Those regulations receives the extra check. This is the the end of its last certification period, it state that households which have method used for suspension in the Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54315

AFDC program. The proposed rule stamps and who subsequently gained the household’s request, at the time of required that the option to suspend and lawful permanent resident status would recertification, or when the case is next the method of suspension must be be able to participate if otherwise reviewed, whichever occurs first. The applied Statewide. eligible. The program to grant lawful State agency must provide restored The Department received four temporary resident status to certain benefits to such households back to the comments on the proposed provision. aliens has now ended and this required implementation date or the Two were supportive of the provision, paragraph is therefore obsolete. Aliens date the State agency implemented the while two requested that the option of granted lawful temporary resident status provision prior to the required suspending issuance of benefits to a under the provision have now either implementation date. If for any reason a household that becomes ineligible for been granted lawful permanent resident State agency fails to implement by the one month, which is currently limited status or are ineligible for benefits. required implementation date, restored to retrospectively budgeted households, Paragraph (11) provides that an alien benefits shall be provided, if be extended to prospectively budgeted who is lawfully admitted for temporary appropriate, back to the required households. residence as an additional special implementation date or the date of The Department agrees with the agricultural worker (Replenishment application whichever is later, but for commenters that it is desirable to allow Agricultural Worker) as of October 1, no more than 12 months in accordance suspension for prospectively budgeted 1989 through September 30, 1993, in with § 273.17(a). For quality control households, for it would eliminate the accordance with section 210A(a) of the purposes, any variances resulting from burden on both the household and State Immigration and Nationality Act, is not the implementation of the rule shall be agency caused by the current prohibited from participating in the excluded from error analysis for 120 requirement to reapply and complete Food Stamp Program. A final rule days from the required implementation the entire application process if published by the Immigration and date, in accordance with 7 CFR eligibility is terminated for one month. Naturalization Service (INS) at 59 FR 275.12(d)(2)(vii) and 7 U.S.C. Therefore, in addition to adopting the 24031, May 10, 1994, amended the INS 2025(c)(3)(A). proposed amendment to 7 CFR regulations to remove provisions 273.21(n) as final, we are also adding a pertaining to the RAW program because List of Subjects provision to 7 CFR 273.12(c)(2) to allow the program expired at the end of Fiscal 7 CFR Part 272 State agencies to suspend prospectively Year 1993. The preamble to the regulation indicates that in the 3 years Alaska, Civil Rights, Food Stamps, budgeted households that become Grant programs-social programs, ineligible for one month for any reason. during which the program was in place, no immigration benefits were ever Reporting and recordkeeping Technical Amendments granted through the RAW program. requirements. In a final rule published June 9, 1994, Since the program has now expired, the 7 CFR Part 273 provision is obsolete and is being titled ‘‘Technical Amendments to Administrative practice and removed from 7 CFR 273.4(a). Various Provisions of Food Stamp procedure, Aliens, Claims, Food stamps, Rules’’, the Department made several Conforming amendments are also being made to redesignate 7 CFR Fraud, Grant programs-social programs, corrections to existing regulations. It has Penalties, Records, Reporting and come to our attention that additional 273.4(a)(10) as 273.4(a)(9), to remove the reference to 7 CFR 273.4(a)(9) from 7 recordkeeping requirements, Social changes are needed. Therefore, we are security. making the following additional CFR 273.4(a)(2), and to change the technical amendments: reference in 7 CFR 273.2(f)(1)(ii)(A) and 7 CFR Part 278 (D) from 7 CFR 273.4(a)(11) to 1. Paragraphs (A) and (B) in 7 CFR Administrative practice and 273.4(a)(9). These technical 272.1(g)(74)(ii)(A) are redesignated as procedure, Banks, Banking, Claims, amendments are effective 30 days after paragraphs (1) and (2). Food stamps, Groceries—retail, publication. 2. The comma after the word Groceries—general line and wholesaler, ‘‘elderly’’ is being removed from 7 CFR Implementation Penalties. 273.1(e)(1)(i). 3. 7 CFR 273.20(a) is being revised to Except for the provisions of 7 CFR 7 CFR Part 279 273.14(b)(2), this final rule is effective complete the removal of references to Administrative practice and November 18, 1996 and must be Wisconsin, which formerly participated procedure, Food stamps, General line— implemented no later than May 1, 1997. in the cash-out demonstration project wholesalers, Groceries, Groceries— The provisions of 7 CFR 273.14(b)(2) and to revise the heading of the section. retail. allowing use of a modified 4. In the fourth sentence of 7 CFR Accordingly, 7 CFR Parts 272, 273, 278.1(h), the spelling of the word recertification form must be approved by OMB under the Paperwork 278, and 279 are amended as follows: ‘‘applicant’’ is corrected. 1. The authority citation for Parts 272, 5. A typographical error in the first Reduction Act of 1995 before they can become effective. We will publish a 273, 278, and 279 continues to read as sentence of 7 CFR 279.3(a) is corrected. follows: The Department is also taking this notice in the Federal Register opportunity to amend 7 CFR 273.4(a) to announcing the effective date when Authority: 7 U.S.C. 2011–2032. remove paragraphs (9) and (11). These OMB approval is received. The PART 272ÐREQUIREMENTS FOR paragraphs were added to the provisions must be implemented for all PARTICIPATING STATE AGENCIES regulations by a final rule published households that newly apply for May 29, 1987 (52 FR 20058) to Program benefits on or after either the 2. In § 272.1: implement provisions of the required implementation date or the a. Paragraph (g)(74) is amended by Immigration Reform and Control Act date the State agency implements the redesignating paragraphs (IRCA) of 1986. provision prior to the required (g)(74)(ii)(A)(A) and (B) as Paragraph (9) provides that aliens implementation date. The current (g)(74)(ii)(A)(1) and (2). granted lawful temporary resident status caseload shall be converted to these b. a new paragraph (g)(147) is added at least 5 years prior to applying for food provisions following implementation at in numerical order to read as follows: 54316 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations

§ 272.1 General terms and conditions. f. The third and fourth sentences of issued in accordance with § 274.2(c) of * * * * * the undesignated paragraph following this chapter. (g) Implementation *** paragraph (i)(4)(i)(B) are amended by * * * * * (147) Amendment No. 364. Except for removing the word ‘‘first’’ wherever it (i) Expedited service. *** the provisions of § 273.14(b)(2), the appears in both sentences and adding in (4) Special procedures for expediting provisions of Amendment No. 364 are its place the word ‘‘second’’. service. *** effective November 18, 1996 and must g. The fourth sentence of the (iii) * * * be implemented no later than May 1, undesignated paragraph following (A) For households applying on or 1997. The effective date and paragraph (i)(4)(i)(B) is further amended before the 15th of the month, the State implementation date of the provisions by adding the words ‘‘, except that agency may assign a one-month of § 273.14(b)(2) will be announced in a households with a newborn may have certification period or assign a normal document in the Federal Register. The up to 6 months following the month the certification period. Satisfaction of the provisions must be implemented for all baby was born to supply an SSN or verification requirements may be households that newly apply for proof of an application for an SSN for postponed until the second month of participation. If a one-month Program benefits on or after either the the newborn in accordance with certification period is assigned, the required implementation date or the § 273.6(b)(4)’’ before the period. notice of eligibility may be combined date the State agency implements the h. The third sentence of paragraph with the notice of expiration or a provision prior to the required (i)(4)(iii) introductory text is amended separate notice may be sent. The notice implementation date. The current by adding the words ‘‘and is certified for of eligibility must explain that the caseload shall be converted to these the month of application and the household has to satisfy all verification provisions following implementation at subsequent month only’’ before the requirements that were postponed. For the household’s request, at the time of words ‘‘to submit a second application’’. subsequent months, the household must recertification, or when the case is next i. Paragraphs (i)(4)(iii)(A), (i)(4)(iii)(B), and (i)(4)(iii)(C) are revised. reapply and satisfy all verification reviewed, whichever occurs first. The requirements which were postponed or State agency must provide restored j. New paragraphs (i)(4)(iii)(D) and (i)(4)(iii)(E) are added. be certified under normal processing benefits to required implementation standards. If the household does not date or the date the State agency k. A new sentence is added at the end of paragraph (i)(4)(iv). satisfy the postponed verification implemented the provision prior to the requirements and does not appear for required implementation date. If for any The additions and revisions read as follows: the interview, the State agency does not reason a State agency fails to implement need to contact the household again. by the required implementation date, § 273.2. Application processing. (B) For households applying after the restored benefits shall be provided, if 15th of the month, the State agency may appropriate, back to the required * * * * * (c) Filing an application. *** assign a 2-month certification period or implementation date or the date of a normal certification period of no more application whichever is later, but for (2) Contacting the food stamp office. *** than 12 months. Verification may be no more than 12 months in accordance postponed until the third month of with § 273.17(a) of this chapter. Any (iii) In State agencies that elect to have Statewide residency, as provided participation, if necessary, to meet the variances resulting from expedited timeframe. If a two-month implementation of the provisions of this in § 273.3, the application processing timeframes begin when the application certification period is assigned, the amendment shall be excluded from notice of eligibility may be combined error analysis for 120 days from this is filed in any food stamp office in the State. with the notice of expiration or a required implementation date in separate notice may be sent. The notice accordance with § 275.12(d)(2)(vii) of * * * * * of eligibility must explain that the this chapter and 7 U.S.C. 2025(c)(3)(A). (f) Verification. *** household is obligated to satisfy the (1) Mandatory verification. *** verification requirements that were PART 273ÐCERTIFICATION OF (v) Social security numbers. * * * A postponed. For subsequent months, the ELIGIBLE HOUSEHOLDS completed SSA Form 2853 shall be household must reapply and satisfy the considered proof of application for an § 273.1 [Amended] verification requirements which were SSN for a newborn infant. postponed or be certified under normal 3. In § 273.1, paragraph (e)(1)(i) is * * * * * processing standards. If the household amended by removing the comma after (g) Normal processing standard. does not satisfy the postponed the word ‘‘elderly’’. *** verification requirements and does not 4. In § 273.2: (2) Combined allotments. Households attend the interview, the State agency a. A new paragraph (c)(2)(iii) is which apply for initial month benefits does not need to contact the household added. (as described in § 273.10(a)) after the again. When a certification period of b. Paragraph (f)(1)(ii)(A) is amended 15th of the month, are processed under longer than 2 months is assigned and by removing the reference ‘‘(a)(11)’’ and normal processing timeframes, have verification is postponed, households adding the reference ‘‘(a)(9)’’ in its completed the application process must be sent a notice of eligibility place. within 30 days of the date of advising that no benefits for the third c. Paragraph (f)(1)(ii)(D) is amended application, and have been determined month will be issued until the by removing the reference ‘‘§ 273.4(a)(8) eligible to receive benefits for the initial postponed verification requirements are through (11)’’ and adding in its place month of application and the next satisfied. The notice must also advise the reference ‘‘§ 273.4(a)(8) and (a)(9)’’. subsequent month, may be issued a the household that if the verification d. A new sentence is added to the end combined allotment at State agency process results in changes in the of paragraph (f)(1)(v). option which includes prorated benefits household’s eligibility or level of e. Paragraph (g)(2) is redesignated as for the month of application and benefits, the State agency will act on paragraph (g)(3) and a new paragraph benefits for the first full month of those changes without advance notice of (g)(2) is added. participation. The benefits shall be adverse action. Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54317

(C) Households which apply for § 271.2 of this chapter) or office within a. The second sentence of paragraph initial benefits (as described in the State. * * * (a)(1)(iv) is amended by adding the § 273.10(a)) after the 15th of the month, (b) When a household moves within words ‘‘second full’’ after the words are entitled to expedited service, have the State, the State agency may require ‘‘benefits for the’’. completed the application process, and the household to reapply in the new b. Paragraph (a)(1)(iv) is further have been determined eligible to receive project area or it may transfer the amended by removing the third and benefits for the initial month and the household’s casefile to the new project fourth sentences. next subsequent month, shall receive a area and continue the household’s c. Paragraph (c)(2)(iii) is revised. combined allotment consisting of certification without reapplication. If d. A new sentence is added at the end prorated benefits for the initial month of the State agency chooses to transfer the of paragraph (c)(3)(ii). application and benefits for the first full case, it shall act on changes in e. Paragraph (f)(3) is revised. month of participation within the household circumstances resulting from f. The first sentence of paragraph expedited service timeframe. If the move in accordance with § 273.12(c) (g)(2) is amended by adding the words necessary, verification shall be or § 273.21. It shall also ensure that ‘‘if the household has complied with all postponed to meet the expedited duplicate participation does not occur recertification requirements’’ after timeframe. The benefits shall be issued in accordance with § 272.4(f) of this ‘‘current certification period’’. in accordance with § 274.2(c) of this chapter, and that the transfer of a The additions and revision read as chapter. household’s case shall not adversely follows: (D) The provisions of paragraph affect the household. § 273.10 Determining household eligibility (i)(4)(iii)(C) of this section do not apply and benefit levels. to households which have been § 273.4 [Amended] determined ineligible to receive benefits 6. In § 273.4: * * * * * (c) Determining income. * * * for the month of application or the a. paragraph (a)(2) is amended by (2) Income only in month received. following month, or to households removing the words ‘‘paragraphs (a)(8) or (a)(9)’’ and adding in their place the *** which have not satisfied the postponed (iii) Households receiving income on verification requirements. However, words ‘‘paragraph (a)(8)’’. b. paragraphs (a)(9) and (a)(11) are a recurring monthly or semimonthly households eligible for expedited basis shall not have their monthly service may receive benefits for the removed and paragraph (a)(10) is redesignated as paragraph (a)(9). income varied merely because of initial month and next subsequent changes in mailing cycles or pay dates month under the verification standards 7. In § 273.6, a new paragraph (b)(4) is added to read as follows: or because weekends or holidays cause of paragraph (i)(4) of this section. additional payments to be received in a (E) If the State agency chooses to § 273.6 Social security numbers. month. exercise the option to require a second (3) Income averaging. * * * application in accordance with * * * * * (b) Obtaining SSNs for food stamp (ii) * * * Contract income which is paragraph (i)(4)(iii) of this section and household members. * * * not the household’s annual income and receives the application before the third (4) If the household is unable to is not paid on an hourly or piecework month, it shall not deny the application provide proof of application for an SSN basis shall be prorated over the period but hold it pending until the third for a newborn, the household must the income is intended to cover. month. The State agency will issue the provide the SSN or proof of application third month’s benefits within 5 working * * * * * at its next recertification or within 6 (f) Certification periods. * * * days from receipt of the necessary months following the month the baby is (3)(i) Households in which all verification information but not before born, whichever is later. If the members are included in a single PA or the first day of the month. If the household is unable to provide an SSN GA grant shall have their food stamp postponed verification requirements are or proof of application for an SSN at its recertifications at the same time they are not completed before the end of the next recertification within 6 months redetermined for PA or GA. Definite third month, the State agency shall following the baby’s birth, the State food stamp certification periods must be terminate the household’s participation agency shall determine if the good cause assigned to these households in and shall issue no further benefits. (iv) * * * The provisions of this provisions of paragraph (d) of this accordance with the provisions of this section shall not apply at recertification section are applicable. section, however, those periods may be if a household reapplies before the end * * * * * shortened or extended in order to align of its current certification period. 8. In § 273.8, the first sentence of the food stamp recertification date with paragraph (e)(2) is revised to read as the PA or GA redetermination date. The * * * * * household’s food stamp certification 5. In § 273.3: follows: period can only be extended when the a. The existing undesignated § 273.8 Resource eligibility standards. household is initially approved for PA/ paragraph is designated as paragraph * * * * * GA. The food stamp certification period (a), and is further amended by removing (e) Exclusions from resources. * * * may be extended up to 12 months to the first sentence and adding two (2) Household goods, personal effects, align the food stamp certification period sentences in its place. the cash value of life insurance policies, b. Paragraph (b) is added. with the PA/GA redetermination period. The additions read as follows: one burial plot per household member, If the household’s certification period is and the value of one bona fide funeral extended, the State agency shall notify § 273.3 Residency. agreement per household member, the household of the changes in its (a) A household shall live in the State provided that the agreement does not certification period. At the end of the in which it files an application for exceed $1,500 in equity value, in which extended certification period the participation. The State agency may also event the value above $1,500 is counted. household must be sent a Notice of require a household to file an *** Expiration and must be recertified application for participation in a * * * * * before being eligible for further food specified project area (as defined in 9. In 273.10: stamp assistance, even if the PA or GA 54318 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations redetermination is not set to expire. If (2) Income from day care. Households Households must apply for the household’s certification period is deriving income from day care may recertification and comply with shortened, the State agency shall send it elect one of the following methods of interview and verification requirements. a notice of expiration which informs the determining the cost of meals provided (b) Recertification process. (1) Notice household that its certification period to the individuals: of expiration. (i) The State agency shall will expire at the end of the month (i) Actual documented costs of meals; provide households certified for one following the month the notice of (ii) A standard per day amount based month or certified in the second month expiration is sent and that it must on estimated per meal costs; or of a two-month certification period a reapply if it wishes to continue to (iii) Current reimbursement amounts notice of expiration (NOE) at the time of participate. The notice of expiration used in the Child and Adult Care Food certification. The State agency shall shall also explain to the household that Program. provide other households the NOE its certification period is expiring in * * * * * before the first day of the last month of order that it may be recertified for food 11. In § 273.12, the text of paragraph the certification period, but not before stamps at the same time that it is (c)(2) is redesignated as (c)(2)(i) and a the first day of the next-to-the-last redetermined for PA or GA. new paragraph (c)(2)(ii) is added to read month. Jointly processed PA and GA (ii) Households in which all members as follows: households need not receive a separate receive assistance under Title XIX of the food stamp notice if they are recertified § 273.12 Reporting changes. Social Security Act or other medical for food stamps at the same time as their assistance program may have their food * * * * * PA or GA redetermination. stamp recertification at the same time (c) State agency action on changes. (ii) Each State agency shall develop a they are redetermined for assistance *** NOE. A model form (Form FCS–439) is under Title XIX or other medical (2) Decreases in benefits. *** available from FCS. The NOE must assistance program. The State agency (ii) The State agency may suspend a contain the following: household’s certification prospectively must follow the same requirements that (A) The date the certification period for one month if the household becomes apply in paragraph (f)(3)(i) of this expires; temporarily ineligible because of a section. (B) The date by which a household periodic increase in recurring income or must submit an application for * * * * * other change not expected to continue recertification in order to receive 10. In § 273.11: in the subsequent month. If the uninterrupted benefits; a. The heading of paragraph (b) and suspended household again becomes (C) The consequences of failure to the heading of the introductory text of eligible, the State agency shall issue apply for recertification in a timely paragraph (b)(1) are revised; benefits to the household on the manner; b. The introductory text of paragraph household’s normal issuance date. If the (D) Notice of the right to receive an (b)(1)(ii) is revised; suspended household does not become c. Paragraph (b)(1)(ii)(B) is amended application form upon request and to eligible after one month, the State by removing the period at the end of the have it accepted as long as it contains agency shall terminate the household’s paragraph and adding in its place a a signature and a legible name and certification. Households are semicolon and the word ‘‘or’’. address; responsible for reporting changes as d. A new paragraph (b)(1)(ii)(C) is (E) Information on alternative required by paragraph (a) of this section added; submission methods available to during the period of suspension. e. A new paragraph (b)(2) is added. households which cannot come into the The revisions and additions read as * * * * * certification office or do not have an follows: 12. In § 273.13, a new paragraph (c) is authorized representative and how to added to read as follows: exercise these options; § 273.11 Action on households with (F) The address of the office where the special circumstances. § 273.13 Notice of adverse action. * * * * * application must be filed; * * * * * (G) The household’s right to request a (b) Households with income from (c) Optional notice. The State agency may, at its option, send the household fair hearing if the recertification is boarders and day care. denied or if the household objects to the (1) Households with boarders. * * * an adequate notice as provided in paragraph (b)(3) of this section when the benefit issuance; (ii) Cost of doing business. In (H) Notice that any household determining the income received from household’s address is unknown and mail directed to it has been returned by consisting only of Supplemental boarders, the State agency shall exclude Security Income (SSI) applicants or the portion of the boarder payment that the post office indicating no known forwarding address. recipients is entitled to apply for food is a cost of doing business. The amount stamp recertification at an office of the allowed as a cost of doing business shall 13. § 273.14 is revised to read as follows: Social Security Administration; not exceed the payment the household (I) Notice that failure to attend an receives from the boarder for lodging § 273.14 Recertification interview may result in delay or denial and meals. Households may elect one of (a) General. No household may of benefits; and the following methods to determine the participate beyond the expiration of the (J) Notice that the household is cost of doing business: certification period assigned in responsible for rescheduling a missed * * * * * accordance with § 273.10(f) without a interview and for providing required (C) A flat amount or fixed percentage determination of eligibility for a new verification information. of the gross income, provided that the period. The State agency must establish (iii) To expedite the recertification method used to determine the flat procedures for notifying households of process, State agencies are encouraged amount or fixed percentage is objective expiration dates, providing application to send a recertification form, an and justifiable and is stated in the forms, scheduling interviews, and interview appointment letter, and a State’s food stamp manual. recertifying eligible households prior to statement of needed verification * * * * * the expiration of certification periods. required by § 273.2(c)(5) with the NOE. Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations 54319

(2) Application form. (i) The State conducted at the same time that the (4) For households consisting only of agency shall provide each household household receives a face-to-face SSI applicants or recipients who apply with an application form to obtain all interview for PA/GA purposes. At any for food stamp recertification at SSA information needed to determine other recertification during that year offices in accordance with § 273.2(k)(1), eligibility and benefits for a new period, the State agency may interview an application shall be considered filed certification period. The State agency the household by telephone, conduct a for normal processing purposes when may use either its regular application as home visit, or recertify the household by the signed application is received by the defined in § 273.2(b) or a special mail. SSA. recertification form. The recertification (iii) The State agency may schedule (d) Timely processing. (1) Households form can only be used by households the interview prior to the application that were certified for one month or which are applying for recertification filing date, provided that the certified for two months in the second before the end of their current household’s application is not denied at month of the certification period and certification period. Recertification that time for failure to appear for the have met all required application forms must be approved by FCS as interview. The State agency shall procedures shall be notified of their required by § 273.2(b)(3). Recertification schedule the interview on or after the eligibility or ineligibility. Eligible forms used for joint food stamps/SSI date the application was filed if the households shall be provided an processing must be approved by SSA in interview has not been previously opportunity to receive benefits no later accordance with § 273.2(k)(1)(i)(B). The scheduled, or the household has failed than 30 calendar days after the date the recertification form must elicit from the to appear for any interviews scheduled household received its last allotment. household sufficient information prior to this time and has requested (2) Other households that have met all regarding household composition, another interview. State agencies shall application requirements shall be income and resources that, when added schedule interviews so that the notified of their eligibility or to information already contained in the household has at least 10 days after the ineligibility by the end of their current casefile, will ensure an accurate interview in which to provide certification period. In addition, the determination of eligibility and benefits. verification before the certification State agency shall provide households The information required by period expires. that are determined eligible an § 273.2(b)(1)(i),(b)(1)(ii), (b)(1)(iii), (4) Verification. Information provided opportunity to participate by the (b)(1)(iv) and (b)(1)(v) must be included by the household shall be verified in household’s normal issuance cycle in on the recertification form. The accordance with § 273.2(f)(8)(i). The the month following the end of its information regarding the Income and State agency shall provide the current certification period. Eligibility Verification System in household a notice of required (e) Delayed processing. (1) Delays § 273.2(b)(2) may be provided on a verification as provided in § 273.2(c)(5) caused by the State agency. Households separate form. A combined form for PA and notify the household of the date by which have submitted an application for and GA households may be used in which the verification requirements recertification in a timely manner but, accordance with § 273.2(j). Monthly must be satisfied. The household must due to State agency error, are not reporting households shall be recertified be allowed a minimum of 10 days to determined eligible in sufficient time to as provided in § 273.21(q). State provide required verification provide for issuance of benefits by the agencies may use the same form for information. Any household whose household’s next normal issuance date households required to report changes eligibility is not determined by the end shall receive an immediate opportunity in circumstances and monthly reporting of its current certification period due to to participate upon being determined households. the time period allowed for submitting eligible, and the allotment shall not be (ii) The State agency may request that any missing verification shall receive an prorated. If the household was unable to the household bring the application opportunity to participate, if eligible, participate for the month following the form to the interview or return the form within 5 working days after the expiration of the certification period by a specified date (not less than 15 household submits the missing because of State agency error, the days after receipt of the form). verification. household is entitled to restored (3) Interview. (i) As part of the (c) Timely application for benefits. recertification process, the State agency recertification. (1) Households reporting (2) Delays caused by the household. shall conduct a face-to-face interview required changes in circumstances that (i) If a household does not submit a new with a member of each household. The are certified for one month or certified application by the end of the face-to-face interview may be waived in in the second month of a two-month certification period, the State agency accordance with § 273.2(e). The State certification period shall have 15 days must close the case without further agency may also waive the face-to-face from the date the NOE is received to file action. interview for a household that has no a timely application for recertification. (ii) If a recertification form is earned income if all of its members are (2) Other households reporting submitted more than one month after elderly or disabled. The State agency required changes in circumstances that the timely filing deadline, it shall be has the option of conducting a submit applications by the 15th day of treated the same as an application for telephone interview or a home visit for the last month of the certification period initial certification. In accordance with those households for whom the office shall be considered to have made a § 273.10(a)(1)(ii), the household’s interview is waived. However, a timely application for recertification. benefits shall not be prorated unless household that requests a face-to-face (3) For monthly reporting households, there has been a break of more than one interview must be granted one. the filing deadline shall be either the month in the household’s certification. (ii) If a household receives PA/GA 15th of the last month of the (iii) A household which submits an and will be recertified for food stamps certification period or the normal date application by the filing deadline but more than once in a 12-month period, for filing a monthly report, at the State does not appear for an interview the State agency may choose to conduct agency’s option. The option chosen scheduled after the application has been a face-to-face interview with that must be uniformly applied to the State filed, or does not submit verification household only once during that period. agency’s entire monthly reporting within the required timeframe, loses its The face-to-face interview shall be caseload. right to uninterrupted benefits. The 54320 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Rules and Regulations

State agency has three options for Statewide basis either require (n) Suspension. *** handling such cases: households to submit new applications (1) * * * The State agency may on a (A) Send the household a denial to continue benefits or reinstate Statewide basis either suspend the notice as soon as the household either households without requiring new household’s certification prospectively fails to appear for an interview or fails applications if such households have for the issuance month or to submit verification information been interviewed and have provided the retrospectively for the issuance month within the required timeframe. If the required verification within 30 days corresponding to the budget month in interview is completed, or the after the applications have been denied. which the noncontinuing circumstance household provides the required (f) Expedited service. A State agency occurs. verification information within 30 days is not required to apply the expedited * * * * * of the date of application and is service provisions of § 273.2(i) at determined eligible, the household must recertification if the household applies PART 278ÐPARTICIPATION OF be reinstated and receive benefits within for recertification before the end of its RETAIL FOOD STORES, WHOLESALE 30 calendar days after the application current certification period. FOOD CONCERNS AND INSURED was filed or within 10 days of the date 14. In § 273.20, the section heading FINANCIAL INSTITUTIONS the interview is completed or required and paragraph (a) are revised to read as verification information is provided, follows: § 278.1 [Amended] whichever is later. In no event shall a § 273.20 SSI cash-out. 16. In § 278.1, the fourth sentence of paragraph (h) is amended by removing subsequent period’s benefits be (a) Ineligibility. No individual who the word ‘‘appliant’’ and adding the provided before the end of the current receives supplemental security income word ‘‘applicant’’ in its place. certification period. (SSI) benefits and/or State (B) Deny the household’s supplementary payments as a resident PART 279ÐADMINISTRATIVE AND recertification application at the end of of California is eligible to receive food the last month of the current JUDICIAL REVIEWÐFOOD RETAILERS stamp benefits. The Secretary of the AND FOOD WHOLESALERS certification period. The State agency Department of Health and Human may on a Statewide basis either require Services has determined that the SSI § 279.3 [Amended] households to submit new applications payments in California have been 17. In § 279.3, the introductory text of to continue benefits or reinstate the specifically increased to include the paragraph (a) is amended by removing households without requiring new value of the food stamp allotment. the word ‘‘A’’ and adding the word applications if the households have * * * * * ‘‘An’’ in its place. been interviewed and have provided the 15. In § 273.21, paragraph (n)(1) is Dated: September 27, 1996. required verification information within amended by adding a sentence to the Ellen Haas, 30 days after the applications have been end of the paragraph to read as follows: denied. Under Secretary for Food, Nutrition, and (C) Deny the household’s § 273.21 Monthly Reporting and Consumer Services. recertification request 30 days after Retrospective Budgeting (MRRB) [FR Doc. 96–26069 Filed 10–16–96; 8:45 am] application. The State agency may on a * * * * * BILLING CODE 3410±30±U federal register October 17,1996 Thursday Proprietary DataSubmission;Notice Mortgage Corporation(FreddieMac) (Fannie Mae)andFederalHomeLoan Federal NationalMortgageAssociation Office oftheSecretary Development Housing andUrban Department of Part III 54321 54322 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices

DEPARTMENT OF HOUSING AND Financial Safety and Soundness Act, 12 1992, enacted as Title XIII of the URBAN DEVELOPMENT U.S.C. 4543 and 4546, (‘‘the Act’’), I Housing and Community Development have determined that certain loan-level Act of 1992, (Pub. L. 102–550, approved Office of the Secretary mortgage data elements, as detailed in October 28, 1992), codified generally at [Docket No. FR±4139±N±01] the attached Appendix and contained in 12 U.S.C. 4501–4561 (‘‘the Act’’), the annual loan-level data files that have requires the Secretary of Housing and Final OrderÐProprietary Data been and will be submitted by Fannie Urban Development to establish and Submitted by the Federal National Mae and Freddie Mac to the Department monitor the performance of Fannie Mae Mortgage Association (Fannie Mae) of Housing and Urban Development in and Freddie Mac in meeting annual and the Federal Home Loan Mortgage accordance with sections 309(m) of the goals for mortgage purchases on housing Corporation (Freddie Mac) Fannie Mae Charter Act, 12 U.S.C. for low- and moderate-income families, 1723a(m), and 307(e) of the Freddie Mac housing located in central cities, rural AGENCY: Office of the Secretary, HUD. Act, 12 U.S.C. 1456(e), shall be treated areas, and other underserved areas, and ACTION: Notice of final order. as proprietary information. Accordingly, special affordable housing, i.e., housing under the authority of section 1326 of meeting the needs of and affordable to SUMMARY: This Notice sets forth a Final the Act, I hereby order that these low-income families in low-income Order of the Secretary of Housing and proprietary data elements be withheld areas and very low-income families. The Urban Development which provides from public disclosure in accordance Secretary established housing goals for that certain loan-level mortgage data with section 1323 of the Act and HUD 1993 and subsequent years and submitted by the Federal National regulations. implemented HUD’s regulatory Mortgage Association (‘‘Fannie Mae’’, The Appendix further identifies data authorities respecting the GSEs in a ‘‘Government-Sponsored Enterprise’’, or elements that are not proprietary series of regulations. 58 Fed. Reg. ‘‘GSE’’) and the Federal Home Loan information or that lose their 53047–96 (Oct. 13, 1993) (1993–94 Mortgage Corporation (‘‘Freddie Mac’’, proprietary character when categorized housing goals); 59 Fed. Reg. 61504–06 ‘‘Government-Sponsored Enterprise’’, or in ranges, adjusted, or recoded in other (Nov. 30, 1994) (1995 housing goals); 24 ‘‘GSE’’) to HUD is proprietary and shall ways. The data so identified in the CFR Part 81 (including housing goals for not be made available to the public. The Appendix shall be made available for 1996 and beyond). Appendix to this Order sets forth the public use under section 1323 of the Act HUD requires that the GSEs submit loan-level data elements that the and HUD regulations. quarterly and annually certain data and Secretary has determined to be This Final Order does not extend to written information on their mortgage proprietary and, therefore, to be aggregated information on activities in purchases to assist HUD in monitoring withheld from public use. In accordance 1993–95 previously submitted by the the GSEs’ performance under the goals with this Order, certain proprietary GSEs in the Annual Housing Activities and to satisfy the requirements of loan-level data elements are recoded, Reports, the Mortgage Reports required subsections 309 (m)–(n) of the Fannie adjusted, or categorized in ranges to under 24 C.F.R. 81, subpart E, and the Mae Charter Act, 12 U.S.C. 1723a (m)– protect proprietary information and to Quarterly and Annual Reports on (n), and subsections 307 (e)–(f) of the permit the release of information to the Interim Housing Goals required under Freddie Mac Act, 12 U.S.C. 1456 (e)–(f). public. the Notices of Interim Housing Goals, 58 These provisions mandate that the GSEs EFFECTIVE DATE OF THE FINAL ORDER: Fed. Reg. 53048, 53071 and 53072, collect, maintain and provide to the October 1, 1996. 53095 (Oct. 13, 1993), and the Secretary data relating to their FOR FURTHER INFORMATION CONTACT: regulation extending such goals into mortgages on single family and Janet Tasker, Director, Office of 1995, 59 Fed. Reg. 61504 (Nov. 30, multifamily housing, and sections Government-Sponsored Enterprises, 1994). The information contained in 309(n) of the Fannie Mae Charter Act Department of Housing and Urban those reports is not proprietary and is and 307(f) of the Freddie Mac Act Development, Room 6154, 451 Seventh available to the public. further require that the GSEs report Street, S.W., Washington, D.C. 20410, This Final Order is not applicable to aggregate information on their mortgages to both the Secretary and telephone (202) 708–2224. For questions aggregated information on activities in Congress. on data or methodology, Harold Bunce, 1996 and thereafter that has been or will For 1996 and future years, HUD Director, Financial Institutions be submitted by the GSEs in the Annual Housing Activities Reports and the requires each GSE to provide extensive Regulation, Room 8204, at the same data and other information on mortgages address, telephone (202) 708–2770; for Mortgage Reports. The nature of this reporting is being determined and the purchased in two forms—Annual legal questions, Kenneth A. Markison, Housing Activities Reports (AHARs) Assistant General Counsel GSE/RESPA, extent to which this information will be deemed proprietary will be determined that discuss each GSE’s performance Room 9262, at the same address, under the housing goals, and quarterly telephone (202) 708–3137 (these are not at an appropriate future date. This Final Order concerns whether Mortgage Reports that include: aggregate toll-free numbers). For hearing- and data on mortgage purchases; and, in the speech-impaired persons, these loan-level data elements are proprietary. It is not applicable to aggregations of second and fourth quarter reports, loan- numbers may be accessed via TTY (text level computerized data files that telephone) by calling the Federal information above the loan-level that the Department may produce for various provide details on each mortgage Information Relay Service at 1–800– purchased by each GSE. The data 877–8339. reasons, including fulfilling its responsibilities to inform the public required in the loan-level data files SUPPLEMENTARY INFORMATION: about the GSEs’ activities. include, for example, for each mortgage purchased by the GSEs: the borrower(s’) The Final Order The background and terms of this Final Order are set forth below. annual income, race, and gender; census By the authority vested in me as tract location; other geographic Secretary of Housing and Urban Background identifiers; loan-to-value (LTV) ratio; Development, under sections 1323 and The Federal Housing Enterprises number of units; owner-occupancy 1326 of the Federal Housing Enterprises Financial Safety and Soundness Act of status; and other details on the Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54323 mortgage, the property, and the (National File A and National File B) public use data base of the borrower(s). The information required that excluded the census tract location Geographically Targeted Indicator (field for the Mortgage Reports includes, for and other geographic descriptors. The number 55). example, aggregate data concerning: the main reason for creating the single 2. In the single family Census Tract amount of mortgage purchases that family National File A was to develop File, the Area Median Family Income qualify towards each housing goal, a method for disclosing LTV ratios in a (field number 16) and the Borrower(s) classified by number of units and dollar manner that did not reveal LTV Annual Income (field number 15) will volume; borrower’s income; race; information on mortgage purchases at be recoded in some cases to protect location of property; and various other the census tract level. Both GSEs proprietary information. In these cases, categories. requested proprietary treatment for LTV the Area Median Family Income (field information at the census tract level. number 16) as submitted by the GSEs Statutory Requirements and Legislative National File B was to make available to will be recoded to the area median History Regarding Proprietary Data the public occupancy information income in the year of the mortgage’s Section 1323 of the Act, 12 U.S.C. indicating whether a dwelling unit was acquisition by the GSE. In these cases, 4543, provides that the Secretary shall owner-occupied, a rental unit in an the Borrower(s) Annual Income (field make available to the public the data owner-occupied property, or a rental number 15) also will be adjusted to submitted by the GSEs in the data unit in an investment property. In reflect acquisition year dollars, to reports required under section 309(m) of creating two National Files HUD maintain the same Borrower Income the Fannie Mae Charter Act and section minimized the likelihood that certain Ratio (field number 17) between the 307(e) of the Freddie Mac Act, except variables can be linked across the Borrower(s) Annual Income and the the data that the Secretary determines National and Census Tract files so that Area Median Family Income. In certain by regulation or order pursuant to the census tract location could be cases where these adjustments cannot section 1326, 12 U.S.C. 4546, is associated with variables such as LTVs, be made, in order to protect proprietary proprietary information. Section purpose of the mortgage (purchase, information, the Area Median Family 1323(b)(2) of the Act, 12 U.S.C. refinancing, or second mortgage), or the Income (field number 16) and the 4543(b)(2), specifically provides that the date of mortgage notes, which are also Borrower Income Ratio (field number Secretary may not restrict access to data proprietary at the census tract level. 17) will be treated as proprietary. In consisting of income, census tract This multi-file data base structure these cases, the Borrower(s) Annual location, race, and gender of mortgagors protects proprietary information, such Income (field number 15) will not be of single family properties. Section 1326 as information that could reveal local adjusted. provides that the Secretary may by marketing strategies of the GSEs, while 3. Single family National File A has regulation or order provide that certain permitting the public access to a wide been changed to contain only data on information shall be treated as range of GSE data. owner-occupied one-unit properties, proprietary and, pending the issuance of rather than data on all single family a final decision on the matter, the Changes Included in This Order properties. The purpose of National File information may not be disclosed. The Based on further review of the second A is to provide LTV ratios in a form that legislative history of the Act provides Order and comments provided by the protects proprietary information (that is, that ‘‘* * * every effort should be made GSEs, the Secretary determined that the the disclosure of LTV ratios with a to provide public disclosure of the issuance of a new Order was required. census tract identifier), while providing information required to be collected The Secretary has therefore determined researchers with useful information on and/or reported to the regulator to withhold additional data elements LTVs for owner-occupied one-unit consistent with the exemption for and to reconfigure the files to protect properties. proprietary data * * *.’’ S. Rep. 102– proprietary information from disclosure 4. Single family National File B has 282, 102d Cong., 2d Sess. 40 (1992). at the census tract level. been reconfigured from a mortgage file By letters dated October 1, 1996, the that displays data for up to four units in Previous Orders Secretary has provided notice to the a single record to a file that displays The Secretary issued a Temporary GSEs that certain data elements for data for individual units. Accordingly, Order in 1994 providing that certain which the GSEs requested proprietary the affordability information in fields GSE data was proprietary. 59 Fed. Reg. treatment are not proprietary 56, 61, and 66 in the second Order will 29514 (June 7, 1994). The Secretary information, and that such data shall be appear in field 51. The purpose of this issued a second Order concerning made available in the public use data change is to protect proprietary Proprietary Data of the GSEs as base. Those letters also provided that information on the GSEs’ purchases of Appendix F of the final GSE regulation, the mortgage data in the public use data mortgages on two- to four-unit 60 Fed. Reg. 61846, 62001–05 (Dec. 1, base will not be released to the public properties which is proprietary while 1995), (hereinafter ‘‘second Order’’). for ten working days. Accordingly, the permitting the public access to useful The second Order identified certain public use data base will be available to information on one- to four-unit GSE data as proprietary and specified that the public beginning October 17, 1996. mortgage purchases. certain data elements would be Each of the changes made under this 5. Single family National File B makes categorized into ranges to permit data to Order, as compared to the second Order, available to the public a revised be released to the public in a form are discussed below. The discussion of Borrower Income Ratio (field number useful to the public. Under that Order, the rationale for certain of these changes 17) for rental dwelling units, which the GSEs’ multifamily loan-level data is limited because further discussion converts the reported rent (the greater of was to be disclosed in two separate could reveal proprietary information of fields number 52 and 53) into an files—a Census Tract File and a the GSEs. affordability percentage, comparable to National File. Similarly, under that 1. The single family Census Tract File the affordability determination in field Order, the single family loan-level data remains a mortgage-based file, as number 17 for owner-occupants. was to be disclosed in three separate specified in the second Order. The one Inasmuch as data in fields number 52 files—a Census Tract File, including change in this file’s structure relative to and 53 are withheld as proprietary, this geographic data, and two National Files the second Order is the addition to the adjustment of field number 17 for rental 54324 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices units provides the public access to owner-occupancy information made location, race, and gender of mortgagors affordability information. In the second available to the public in field number of single family properties. Also, in Order, the Secretary determined that 47 and, therefore, field number 50 is not accordance with the Act, the Secretary field number 17 as then recoded was not proprietary. has considered the GSEs’ assertions that proprietary for National File B. 8. In the multifamily files, the Type of certain data is proprietary information 6. Single family National File B makes Seller Institution (field number 33) will and has concluded that revising the available to the public information on be made available to the public only in second Order is necessary to protect the date of the mortgage note, by the Census Tract File. Because the proprietary information. indicating (in field number 20) whether release of this information in both the The Act’s legislative history noted a mortgage was originated in the same National File and the Census Tract File that ‘‘public access and disclosure of year as purchased by the GSE or could permit the release of other information is a key tool for permitting originated in a previous year. In the proprietary information at the loan- appropriate public scrutiny and second Order, the Secretary determined level, the type of seller institution is oversight of the activities of the [GSEs] that the date of the mortgage note would proprietary information as included in and in evaluating possible be made available only in the single the multifamily National File and will improvements in housing finance family National File B by indicating not be made available to the public in markets.’’ S. Rep. 102–282, 102d Cong., whether the mortgage was seasoned or that file. 2d Sess. 44 (1992). On the other hand, unseasoned. The new approach under 9. The multifamily Tenant Income the Act also protects proprietary data this Order to field number 20 protects Indicator (field number 49), which and information from release. Sections proprietary information, is consistent indicates whether the affordability of a 1323 and 1326 of the Act, 12 U.S.C. with the approach taken under the particular unit is determined by using 4543 and 4546. The Secretary has Home Mortgage Disclosure Act (HMDA), the income of the tenant(s) or the rent considered these matters in issuing this 12 U.S.C. 2801 et seq., and allows users for the unit, is being made available to Final Order. of the public use data base to compare the public only in the National File. It Expiration and Modification of this GSE data with HMDA data. is proprietary information as included Final Order 7. The Occupancy Code (field number in the Census Tract File because its 47) has been revised in the single family release may permit identification of This Final Order supersedes the National File B. As reported by the other proprietary information. For second Order, 60 Fed. Reg. 61846, GSEs, field number 47 classifies 1993–95, this data has been provided 62001–05 (Dec. 1, 1995), and shall be properties as either Principal Residence/ only by Freddie Mac. effective until such time as it is Owner Occupied properties or Second determined necessary or appropriate to Conclusion Home properties. In National File B, withdraw or modify it. field number 47 will classify each unit The Department is complying fully Dated: October 1, 1996. as either Owner-Occupied, a Rental Unit with the requirements of the Act and Henry G. Cisneros, in an Owner-Occupied Property, or a will not restrict access to the data Rental Unit in an Investment Property. submitted to HUD by the GSEs, Secretary. Field number 50 contains the same consisting of income, census tract BILLING CODE 4210±32±P Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54325 54326 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54327 54328 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices 54329

[FR Doc. 96–26380 Filed 10–16–96; 8:45 am] BILLING CODE 4210±32±C 54330 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Notices i

Reader Aids Federal Register Vol. 61, No. 202 Thursday, October 17, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 3 CFR 278...... 53595, 54303 Public Laws Update Services (numbers, dates, etc.) 523±6641 279...... 54303 For additional information 523±5227 Proclamations: 301...... 52190, 53601 6922...... 51205 Presidential Documents 319...... 51208 6923...... 51347 354...... 53603 Executive orders and proclamations 523±5227 6924...... 51767 502...... 51210 The United States Government Manual 523±5227 6925...... 52233 920...... 51575 Other Services 6926...... 52675 927...... 52681 6927...... 52677 Electronic and on-line services (voice) 523±4534 929...... 51353 6928...... 53289 931...... 52681 Privacy Act Compilation 523±3187 6929...... 53291 945...... 51354 523±5229 TDD for the hearing impaired 6930...... 53293 950...... 53606 6931...... 53295 958...... 52682 ELECTRONIC BULLETIN BOARD 6932...... 53297 981...... 53607 6933...... 53301 989...... 52684 Free Electronic Bulletin Board service for Public Law numbers, 6934...... 53591 993...... 51356 Federal Register finding aids, and list of documents on public 6935...... 53593 1485...... 53303 inspection. 202±275±0920 6936...... 53825 3010...... 53608 FAX-ON-DEMAND 6937...... 54069 Proposed Rules: 6938...... 54071 Ch. VI...... 52664 You may access our Fax-On-Demand service. You only need a fax 6939...... 54073 Ch. VII...... 52664 machine and there is no charge for the service except for long 6940...... 54075 201...... 51791 distance telephone charges the user may incur. The list of 6941...... 54077 301...... 51376 documents on public inspection and the daily Federal Register’s Executive Orders: 361...... 51791 table of contents are available using this service. The document 12924 (See EO 407...... 52717 numbers are 7050-Public Inspection list and 7051-Table of 13020) ...... 54079 997...... 51811 Contents list. The public inspection list will be updated 12981 (Amended by 998...... 51811 immediately for documents filed on an emergency basis. EO 13020)...... 54079 999...... 51811 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 13019...... 51763 1214...... 51378, 51391 FILE AND NOT THE ACTUAL DOCUMENT. Documents on Administrative Orders: 1466...... 53574 public inspection may be viewed and copied in our office located Presidential Determinations: 8 CFR at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand No. 96±54 of telephone number is: 301±713±6905 September 28, 103...... 53303, 53830 1996 ...... 52679 235...... 53830 FEDERAL REGISTER PAGES AND DATES, OCTOBER 274...... 52235 5 CFR 286...... 53830 51205±51348...... 1 Ch. XIV ...... 51207 292...... 53609 51349±51574...... 2 Ch. LVIII...... 53827 299...... 53830 51575±51766...... 3 550 ...... 51319, 52497, 53490 Proposed Rules: 312...... 51250 51767±52232...... 4 7 CFR 52233±52678...... 7 Ch. VI...... 52671 9 CFR 52679±52870...... 8 Ch. VII...... 52671 92...... 52236 52871±53034...... 9 6...... 53002 94...... 51769 53035±53302...... 10 12...... 53490 102...... 52871 53303±53590...... 11 35...... 54081 104...... 52871 53591±53824...... 15 51...... 54082 105...... 52871 53825±54076...... 16 90...... 51349 113...... 51769 54077±54330...... 17 91...... 51349 116...... 52871 92...... 51349 304...... 53305 93...... 51349 308...... 53305 94...... 51349 310...... 53305 95...... 51349 320...... 53305 96...... 51349 327...... 53305 97...... 51349 381...... 53305 98...... 51349 416...... 53305 271 ...... 53595, 54270, 54282 417...... 53305 272 ...... 53595, 54270, 54282, Proposed Rules: 54290, 54298, 54303 91...... 52387 273 ...... 54270, 54282, 54290, 54298, 54303 10 CFR 274...... 53595 2...... 53554 275...... 54282 13...... 53554 ii Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Reader Aids

Proposed Rules: 1020...... 52877 511...... 53341 617...... 51783 20...... 52388 570...... 51556, 53341 619...... 51783 30...... 51835 17 CFR 572...... 53276 641...... 51783 32...... 51835, 52388 232...... 52283 574...... 53341 Proposed Rules: 35...... 52388 240...... 52996 576...... 53341 222...... 52564 36...... 52388 420...... 52498, 53996 582...... 53341 350...... 53560 39...... 52388 583...... 53341 351...... 53560 40...... 51835 19 CFR 585...... 53341 352...... 53560 50...... 51835 101...... 51363 882...... 53341 353...... 53560 52...... 51835 Proposed Rules: 885...... 53341 355...... 53560 60...... 51835 10...... 51849 886...... 53341 357...... 53560 61...... 51835 889...... 53341 360...... 53560 70...... 51835 21 CFR 890...... 53341 400...... 54024 401...... 54024 71...... 51835 50...... 51498 906...... 53341 402...... 54024 72...... 51835 56...... 51498 941...... 53341 110...... 51835 950...... 53341 403...... 54024 73...... 51584 406...... 54024 150...... 51835 177...... 51364, 538520 968...... 53341 970...... 53341 410...... 54024 11 CFR 178...... 51587 411...... 54024 312...... 51498 983...... 53341 Proposed Rules: 412...... 54024 314...... 51498 104...... 52901 26 CFR 413...... 54024 355...... 52285 1...... 53058 415...... 54024 12 CFR 520...... 52690, 53614 301...... 53058 421...... 54024 522...... 53320 2...... 51777 602...... 53058 425...... 54024 213...... 52246 556...... 53320 426...... 54024 558...... 51588, 53615 Proposed Rules: 245...... 52875 1 ...... 51256, 52902, 53161, 427...... 54024 264...... 53827 601...... 51498 428...... 54024 808...... 52602 53688 327...... 53834 301...... 53161 429...... 54024 935...... 52686 812...... 51498, 52602 460...... 54024 814...... 51498 27 CFR 461...... 54024 Proposed Rules: 820...... 52602 327...... 53867 464...... 54024 1309...... 52287 Proposed Rules: 620...... 53331 472...... 54024 1310...... 52287 55...... 53688 630...... 53331 477...... 54024 1313...... 52287 270...... 54084 935...... 52727 275...... 54084 489...... 54024 Proposed Rules: 285...... 54084 490...... 54024 310...... 53685 14 CFR 295...... 54084 491...... 54024 Ch. I ...... 53610 330...... 51625 607...... 52399 13...... 53998 352...... 53340 28 CFR 608...... 52399 16...... 53998 2...... 54096 609...... 52399 22 CFR 628...... 52399 39 ...... 51212, 51357, 52688, Proposed Rules: 636...... 52399 52876, 53035, 53038, 53040, 41...... 53058 16...... 54112 53042, 53044, 53046, 53611, 228...... 53615 637...... 52399 53613 603...... 51593 29 CFR 645...... 52399 647...... 52399 71 ...... 51360, 51361, 51362, Proposed Rules: 270...... 51596 649...... 52399 52281, 52282, 52283, 53050, 171...... 53158 4044...... 53623 53841, 53842, 53843, 53844, 605...... 53185 650...... 52399 53845, 53847, 53848, 53849, 30 CFR 655...... 52399 23 CFR 658...... 52399 53850, 53850, 53996 934...... 52691 660...... 52399 73 ...... 53051, 53052, 53852 Proposed Rules: Proposed Rules: 661...... 52399 91...... 51782, 54020 655...... 54111 202...... 52735 669...... 52399 97 ...... 53053, 53054, 53056 206...... 52735 24 CFR 440...... 51395 756...... 53884 35 CFR 1...... 52216 Proposed Rules: 913...... 51631 Proposed Rules: 2...... 52216 Ch. I ...... 51845 133...... 53886 8...... 52216 31 CFR 25...... 53680 135...... 53886 39 ...... 51250, 51255, 51618, 42...... 51756 353...... 53822 51619, 51621, 51624, 51845, 91...... 51756 Proposed Rules: 36 CFR 51847, 52394, 53155, 53337, 92...... 51756 356...... 51851 Proposed Rules: 53339, 53683 103...... 52216 32 CFR 61...... 51536 71 ...... 51319, 52397, 52398, 104...... 52216 1190...... 51397 52689, 52734, 53157, 53876, 146...... 52216 90...... 54097 1191...... 51397 53877, 53878, 53879, 53880, 180...... 52216 91...... 54097 53881, 53882, 54108 200...... 54267 174...... 54097 37 CFR 252...... 51319 175...... 54097 15 CFR Proposed Rules: 570...... 51756 706...... 52879 1...... 518355 Ch. VII...... 51395 576...... 51546 400...... 53505 585...... 52186 33 CFR 38 CFR 902...... 51213 3500...... 51782 100...... 52695, 53321 4...... 52695 922...... 57577 Proposed Rules: 120...... 51597 946...... 53307 42...... 53341 128...... 51597 39 CFR Proposed Rules: 92...... 53341 Proposed Rules: 111...... 52702, 53321 801...... 54109 215...... 53341 100...... 53422, 53344 Proposed Rules: 219...... 53341 165...... 53345, 53346 111...... 53280 16 CFR 221...... 53341 24...... 51577 236...... 53341 34 CFR 40 CFR 260...... 53304 290...... 53341 614...... 51783 9 ...... 51365, 52287, 53854, Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Reader Aids iii

54030 2920...... 54120 24...... 51233 737...... 51234 50...... 52852 3000...... 54120 25...... 52301 752...... 51234 51...... 52848 3100...... 54120 51...... 52706, 54099 837...... 52709 52 ...... 51214, 51366, 51598, 3120...... 54120 64...... 52307 852...... 52709 51599, 51784, 52297, 52865, 3150...... 54120 68...... 52307 1212...... 53677 52882, 53066, 53328, 53624, 3160...... 54120 73 ...... 51789, 52899, 52900, 1815...... 52325 53628, 53633, 53636, 53639 3180...... 54120 53643, 53644, 54104 1816...... 52325 60...... 52865 3200...... 52736, 54120 90...... 52301, 54098 1852...... 52325 70...... 51368, 51370 3210...... 52736 Proposed Rules: 1870...... 52325 80...... 53854 3220...... 52736 Ch. I ...... 53694 6101...... 52347 81...... 53328, 53639 3240...... 52736, 54120 73...... 53698, 54142 6102...... 52347 82...... 54030 3250...... 52736, 54120 90...... 51877 Proposed Rules: 86...... 51365 3260...... 52736, 54120 97...... 52767 1...... 52232, 52998 89...... 52088 3280...... 54120 2...... 52998 90...... 52088 3410...... 54120 48 CFR 3...... 52232 91...... 52088 3420...... 54120 401...... 53645 4...... 52232 180...... 51372 3430...... 54120 402...... 53645 6...... 52232, 52999 271...... 52884 3450...... 54120 403...... 53645 8...... 52232, 52844 300 ...... 51373, 52886, 52887, 3470...... 54120 404...... 53645 9...... 52232 53328, 54098 3480...... 54120 405...... 53645 12...... 52232, 52999 721...... 52287 3500...... 54120 406...... 53645 13...... 52844 763...... 52703 3510...... 54120 407...... 53645 14...... 52232, 52998 Proposed Rules: 3520...... 54120 408...... 53645 15...... 52998, 52999 52 ...... 51257, 51397, 51631, 3530...... 54120 409...... 53645 16...... 52232 51638, 51651, 51659, 51877, 3540...... 54120 410...... 53645 19...... 52232 52401, 52864, 52902, 53163, 3550...... 54120 411...... 53645 22...... 52232 53166, 53174, 53180, 53692, 3590...... 54120 412...... 53645 23...... 52232 53693, 53694 3710...... 54120 413...... 53645 25...... 52232 59...... 52735 3730...... 54120 414...... 53645 27...... 52232 60...... 52864 3740...... 51667, 54120 415...... 53645 29...... 52232 64...... 53886 3800...... 54120 416...... 53645 31...... 52232, 52998 70...... 53886 3810...... 51667, 54120 417...... 53645 32...... 52232 71...... 53886 3820...... 51667 418...... 53645 36...... 52232, 52998 80...... 53886 3830...... 54120 419...... 53645 37...... 52232 81...... 53694 3870...... 54120 420...... 53645 38...... 52844 140...... 54014 4200...... 54120 421...... 53645 42...... 52232 228...... 54112 4300...... 54120 422...... 53645 45...... 52232 261...... 51397 4700...... 54120 423...... 53645 47...... 52232 271...... 51397 5000...... 54120 424...... 53645 49...... 52232 281...... 51875 5470...... 54120 425...... 53645 51...... 52844 302...... 51397 5510...... 54120 426...... 53645 52 ...... 52232, 52998, 52999 372...... 51322, 51330 8370...... 54120 427...... 53645 53...... 52232, 52998 9180...... 54120 428...... 53645 917...... 53185, 53699 42 CFR 9230...... 54120 429...... 53645 950...... 53185, 53699 57...... 51787 430...... 53645 952...... 53185, 53699 412...... 51217 44 CFR 431...... 53645 970...... 53185, 53699 413...... 51217, 51611 62...... 51217 432...... 53645 49 CFR 489...... 51217 64...... 51226, 51228 433...... 53645 1003...... 52299 434...... 53645 106...... 51334 45 CFR 435...... 53645 107...... 51334 43 CFR 46...... 51531 436...... 53645 171...... 51235, 51334 5470...... 53860 79...... 52299 437...... 53645 172 ...... 51236, 51238, 51334 Proposed Rules: 1386...... 51751 438...... 53645 173 ...... 51238, 51241, 51334, 1600...... 54120 439...... 53645 51495 1820...... 54120 46 CFR 440...... 53645 174...... 51334 1840...... 54120 61...... 52497 441...... 53645 175...... 51334 1850...... 54120 108...... 51789 442...... 53645 176...... 51334 1860...... 54120 110...... 51789 443...... 53645 177...... 51334 1880...... 54120 111...... 51789 444...... 53645 178...... 51334 2090...... 54120 112...... 51789 445...... 53645 179...... 51334 2200...... 54120 113...... 51789 446...... 53645 180...... 51334 2300...... 54120 161...... 51789 447...... 53645 593...... 51334 2450...... 54120 190...... 52497 448...... 53645 1011...... 52710 2520...... 54120 197...... 52497 449...... 53645 1070...... 54104 2530...... 53887 295...... 58861 450...... 53645 1071...... 54104 2540...... 54120 501...... 51230 451...... 53645 1104...... 52710 2560...... 54120 502...... 51230 452...... 53645 1111...... 52710, 53996 2620...... 54120 506...... 52704 453...... 53645 1112...... 52710 2640...... 54120 514...... 51230 501...... 51373 1113...... 52710 2650...... 54120 583...... 51230 702...... 51234 1114...... 52710 2720...... 54120 706...... 51234 1115...... 52710 2760...... 51666 47 CFR 715...... 51234 1121...... 52710 2800...... 54120 1...... 52887 716...... 51234 Proposed Rules: 2810...... 54120 2...... 52301 722 ...... 51234, 52497, 53996 383...... 52401 2880...... 54120 20...... 51233 726...... 51234 391...... 52401 2910...... 54120 22...... 54098 733...... 51234 393...... 54142 iv Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Reader Aids

571...... 51669 575...... 52769 1313...... 54144 50 CFR SubCh. D ...... 53329 17 ...... 53070, 53089, 53108, 53124, 53130, 53137, 54044 216...... 51213 217...... 52370 285...... 53677 622...... 52715 648 ...... 52384, 52715, 53866, 54105 679 ...... 51374, 51789, 52385, 52716, 53153, 53154, 53679 Proposed Rules: 17 ...... 51878, 52402, 53186 23...... 52403 217...... 52404 222...... 52404 227...... 53893 229...... 52769 424...... 51398 648...... 52903 649...... 52903 660...... 51670 679...... 54145 Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Reader Aids v

Transfer treaty cases; Pet birds; importation; Federal Acquisition Regulation special transferee comments due by 10-21- (FAR): REMINDERS hearings 96; published 8-21-96 Novation and related The items in this list were Correction; published 10- Viruses, serums, toxins, etc.: agreements; comments editorially compiled as an aid 17-96 Biological products and due by 10-21-96; to Federal Register users. SECURITIES AND guidelines; definition; published 8-21-96 Inclusion or exclusion from EXCHANGE COMMISSION comments due by 10-22- Grant and agreement this list has no legal 96; published 8-23-96 regulations: significance. Investment companies: Deferred sales loads, AGRICULTURE Grants and cooperative exemption for open-end DEPARTMENT agreements award and RULES GOING INTO management investment Forest Service administration; uniform EFFECT TODAY companies to impose; Alaska National Interest Lands policies and procedures; published 9-17-96 Conservation Act; Title VIII comments due by 10-25- 96; published 8-26-96 DEFENSE DEPARTMENT Registered open-end implementation (subsistence management investment priority); comments due by EDUCATION DEPARTMENT Closures and realignment: companies; shares 10-25-96; published 8-7-96 Postsecondary education: Revitalizing base closure distribution payments; AGRICULTURE communities; CFR part Student assistance general published 9-17-96 DEPARTMENT redesignation; published provisions-- 10-17-96 TRANSPORTATION Farm Service Agency Federal Perkins loan, DEPARTMENT Federal Agriculture Federal work-study, EDUCATION DEPARTMENT Coast Guard Improvement and Reform Federal supplemental Postsecondary education: Waterfront facilities: Act of 1996: educational opportunity Student assistance general Passenger vessel and Conservation provisions; grant, and Federal Pell provisions-- terminal security; implementation; public grant programs; Technical amendments; published 7-18-96 forums; comments due by comments due by 10- published 9-17-96 10-22-96; published 10-7- 21-96; published 9-19- TRANSPORTATION 96 96 ENVIRONMENTAL DEPARTMENT PROTECTION AGENCY ENERGY DEPARTMENT Surface Transportation AGRICULTURE Superfund program: Board DEPARTMENT Acquisition regulations: Natural Resources National oil and hazardous Water carriers: Management and operating Conservation Service contracts-- substances contingency Harbors, and water carrier Federal Agriculture plan-- operations exemption; Competition and extension Improvement and Reform National priorities list CFR parts removed; contract reform initiative; Act of 1996: update; published 10- published 10-17-96 implementation; 17-96 Conservation provisions; comments due by 10- TREASURY DEPARTMENT FEDERAL implementation; public 25-96; published 10-10- Alcohol, Tobacco and forums; comments due by 96 COMMUNICATIONS Firearms Bureau COMMISSION 10-22-96; published 10-7- Competition and extension Alcohol, tobacco, and other 96 Common carrier services: contract reform initiative; excise taxes: ARCHITECTURAL AND implementation; Public mobile services; Federal regulatory reform-- TRANSPORTATION correction; comments editorial corrections; BARRIERS COMPLIANCE due by 10-25-96; published 10-17-96 Tobacco products and cigarette papers and BOARD published 10-15-96 HOUSING AND URBAN tubes manufacture; Americans with Disabilities ENERGY DEPARTMENT DEVELOPMENT published 10-17-96 Act; implementation: DEPARTMENT Federal Energy Regulatory Accessibility guidelines-- Commission Mortgage and loan insurance Buildings and facilities; programs: COMMENTS DUE NEXT Electric utilities (Federal Power WEEK children's facilities; Act): Home equity conversion comments due by 10- Rate schedules filing-- mortgage insurance 21-96; published 7-22- AGRICULTURE demonstration; mortgage 96 Capacity reservation open balance definition, etc.; DEPARTMENT access transmission COMMERCE DEPARTMENT published 9-17-96 Agricultural Marketing tariffs; comments due National Oceanic and Multifamily projects-- Service by 10-21-96; published Atmospheric Administration 7-25-96 Conversion from Dates (domestic) produced or packed in California; Fishery conservation and ENVIRONMENTAL coinsurance to full management: insurance; published 9- comments due by 10-24-96; PROTECTION AGENCY 17-96 published 9-24-96 Atlantic sea scallop; Air pollution; standards of comments due by 10-21- JUSTICE DEPARTMENT Onions (Vidalia) grown in performance for new Georgia; comments due by 96; published 8-29-96 stationary sources: Drug Enforcement 10-24-96; published 9-24-96 CONSUMER PRODUCT Administration Nebraska City Power Peanuts, domestically and SAFETY COMMISSION Station, NE; alternate Federal Food, Drug, and foreign produced; comments Hazardous substances: opacity standard Cosmetic Act: due by 10-24-96; published Fireworks devices; fuse burn rescission; comments due Pseudosephedrine products; 10-4-96 time; comments due by by 10-24-96; published 9- exemption removed AGRICULTURE 10-21-96; published 8-7- 24-96 Correction; published 9- DEPARTMENT 96 Air quality implementation 17-96 Animal and Plant Health DEFENSE DEPARTMENT plans: JUSTICE DEPARTMENT Inspection Service Acquisition regulations: Preparation, adoption, and Parole Commission Exportation and importation of Carbon fiber; comments due submittal-- Federal prisoners; paroling animals and animal by 10-21-96; published 8- Motorist compliance and releasing, etc.: products: 21-96 enforcement vi Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Reader Aids

mechanisms for pre- due by 10-22-96; published Grants: system; comments due by existing programs; 8-23-96 Police Corps program; 10-25-96; published 8-26-96 vehicle inspection and FEDERAL TRADE comments due by 10-24- Motor carrier safety standards: maintenance program COMMISSION 96; published 9-24-96 Training of entry-level requirements; comments Agency information collection NATIONAL AERONAUTICS drivers of commercial due by 10-23-96; activities: AND SPACE motor vehicles; comments published 9-23-96 Proposed collection; ADMINISTRATION due by 10-25-96; Prevention of significant comment request; Federal Acquisition Regulation published 4-25-96 deterioration and comments due by 10-25- (FAR): TRANSPORTATION nonattainment new 96; published 8-26-96 Novation and related DEPARTMENT agreements; comments source review; Federal National Highway Traffic GENERAL SERVICES due by 10-21-96; regulatory review; Safety Administration comments due by 10- ADMINISTRATION published 8-21-96 Fuel economy standards: 21-96; published 7-23- Federal Acquisition Regulation PERSONNEL MANAGEMENT 96 (FAR): OFFICE Passenger automobiles; low Novation and related Prevailing rate systems; volume manufacturer Air quality implementation exemptions; comments plans; approval and agreements; comments comments due by 10-23-96; due by 10-21-96; published 9-23-96 due by 10-21-96; promulgation; various published 9-5-96 States: published 8-21-96 TRANSPORTATION New York; comments due HOUSING AND URBAN DEPARTMENT by 10-21-96; published 9- DEVELOPMENT Federal Aviation LIST OF PUBLIC LAWS 19-96 DEPARTMENT Administration North Carolina; comments Federal Housing Enterprise Airworthiness directives: This is a list of public bills due by 10-21-96; Oversight Office de Havilland; comments due from the 104th Congress published 9-20-96 Risk-based capital: by 10-21-96; published 9- which have become Federal 11-96 laws. It may be used in Texas; comments due by Stress tests; house price Airbus; comments due by conjunction with ``P L U S'' 10-23-96; published 9-23- index (HPI) use and 10-21-96; published 9-11- (Public Laws Update Service) 96 benchmark loss experience establishment; 96 on 202±523±6641. The text of Washington; comments due American Champion Aircraft laws is not published in the by 10-23-96; published 9- comments due by 10-24- 96; published 8-19-96 Corp.; comments due by Federal Register but may be 23-96 10-25-96; published 8-28- ordered in individual pamphlet Clean Air Act: INTERIOR DEPARTMENT 96 form (referred to as ``slip State operating permits Fish and Wildlife Service Boeing; comments due by laws'') from the programs-- Alaska National Interest Lands 10-24-96; published 8-28- Superintendent of Documents, Conservation Act; Title VIII 96 Maine; comments due by U.S. Government Printing implementation (subsistence 10-21-96; published 9- Boeing et al.; comments Office, Washington, DC 20402 priority); comments due by due by 10-24-96; 19-96 (phone, 202±512±2470). 10-25-96; published 8-7-96 published 9-13-96 H.R. 543/P.L. 104±283 Hazardous waste program Fokker; comments due by authorizations: JUSTICE DEPARTMENT National Marine Sanctuaries Immigration and 10-24-96; published 9-13- Preservation Act (Oct. 11, New Mexico; comments due 96 Naturalization Service 1996; 110 Stat. 3363) by 10-21-96; published 9- McDonnell Douglas; Immigration: 19-96 comments due by 10-24- H.R. 1514/P.L. 104±284 Pesticide programs: Aliens-- 96; published 9-13-96 Propane Education and Conditional residents and Research Act of 1996 (Oct. Pesticides and ground water Pilatus Britten-Norman; fiancees; persons 11, 1996; 110 Stat. 3370) strategy; State comments due by 10-21- admitted for permanent management plan 96; published 8-22-96 H.R. 1734/P.L. 104±285 residence; status regulation; comments due Raytheon; comments due by To reauthorize the National adjustment; comments by 10-24-96; published 6- 10-21-96; published 8-20- Film Preservation Board, and due by 10-21-96; 26-96 96 for other purposes. (Oct. 11, published 8-20-96 Saab; comments due by 10- Risk/benefit information; 1996; 110 Stat. 3377) 21-96; published 9-11-96 reporting requirements; JUSTICE DEPARTMENT H.R. 1823/P.L. 104±286 Airworthiness standards: comments due by 10-21- Justice Programs Office To amend the Central Utah Special conditions-- 96; published 9-20-96 Grants: Project Completion Act to Eurocopter Deutschland Indian Tribes program; direct the Secretary of the FEDERAL model MBB-BK violent offender Interior to allow for COMMUNICATIONS helicopters; comments incarceration and truth-in- prepayment of repayment COMMISSION due by 10-25-96; sentencing; comments contracts between the United Radio stations; table of published 8-26-96 due by 10-24-96; States and the Central Utah assignments: Class C and Class D published 9-24-96 Water Conservancy District airspace; comments due by Alabama; comments due by dated December 28, 1965, JUSTICE DEPARTMENT 10-22-96; published 8-22-96 10-21-96; published 9-9- and November 26, 1985, and Americans with Disabilities Class D airspace; comments 96 for other purposes. (Oct. 11, Act: due by 10-25-96; published Colorado; comments due by 1996; 110 Stat. 3387) Nondiscrimination on basis 9-17-96 10-21-96; published 9-9- H.R. 2297/P.L. 104±287 96 of disability-- Class E airspace; comments State and local due by 10-21-96; published To codify without substantive Kansas; comments due by government services; 9-17-96 change laws related to 10-21-96; published 9-9- childrens' facilities in TRANSPORTATION transportation and to improve 96 public accomodations DEPARTMENT the United States Code. (Oct. FEDERAL DEPOSIT and commercial Federal Highway 11, 1996; 110 Stat. 3388) INSURANCE CORPORATION facilities; comments due Administration H.R. 2579/P.L. 104±288 Insured State banks; activities by 10-21-96; published Motor carrier replacement United States National and investments; comments 7-22-96 information/registration Tourism Organization Act of Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / Reader Aids vii

1996 (Oct. 11, 1996; 110 Stat. H.R. 3166/P.L. 104±292 of the One Hundred Fifth (Oct. 11, 1996; 110 Stat. 3402) False Statements Congress and the day for the 3646) H.R. 2779/P.L. 104±289 Accountability Act of 1996 counting in Congress of the (Oct. 11, 1996; 110 Stat. electoral votes for President S. 1973/P.L. 104±301 Savings in Construction Act of 3459) and Vice President cast in 1996 (Oct. 11, 1996; 110 Stat. Navajo-Hopi Land Dispute H.R. 3259/P.L. 104±293 December 1996. (Oct. 11, 3411) Settlement Act of 1996 (Oct. Intelligence Authorization Act 1996; 110 Stat. 3558) 11, 1996; 110 Stat. 3649) H.R. 3005/P.L. 104±290 for Fiscal Year 1997 (Oct. 11, S. 39/P.L. 104±297 National Securities Markets 1996; 110 Stat. 3461) Sustainable Fisheries Act (Oct. S. 2197/P.L. 104±302 Improvement Act of 1996 11, 1996; 110 Stat. 3559) H.R. 3723/P.L. 104±294 To extend the authorized (Oct. 11, 1996; 110 Stat. Economic Espionage Act of S. 811/P.L. 104±298 3416) period of stay within the 1996 (Oct. 11, 1996; 110 Stat. Water Desalination Act of United States for certain H.R. 3159/P.L. 104±291 3488) 1996 (Oct. 11, 1996; 110 Stat. nurses. (Oct. 11, 1996; 110 3622) To amend title 49, United H.R. 3815/P.L. 104± Stat. 3656) States Code, to authorize 95 Miscellaneous Trade and S. 1044/P.L. 104±299 appropriations for fiscal years Technical Corrections Act of Health Centers Consolidation S. 640/P.L. 104±303 1997, 1998, and 1999 for the 1996 (Oct. 11, 1996; 110 Stat. Act of 1996 (Oct. 11, 1996; 3514) 110 Stat. 3626) Water Resources Development National Transportation Safety Act of 1996 (Oct. 12, 1996; Board, and for other purposes. H.J. Res. 198/P.L. 104±296 S. 1467/P.L. 104±300 110 Stat. 3658) (Oct. 11, 1996; 110 Stat. Appointing the day for the Fort Peck Rural County Water 3452) convening of the first session Supply System Act of 1996 Last List October 15, 1996