Pages 31907±32098 Vol. 60 6±19±95 No. 117 federal register June 19,1995 Monday this issue. Boston, MAseeannouncementontheinsidecoverof For informationonbriefingsinWashington,DCand Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995
SUBSCRIPTIONS AND COPIES
PUBLIC Subscriptions: Paper or fiche 202–512–1800 FEDERAL REGISTER Published daily, Monday through Friday, Assistance with public subscriptions 512–1806 (not published on Saturdays, Sundays, or on official holidays), by Online: the Office of the Federal Register, National Archives and Records Telnet swais.access.gpo.gov, login as newuser 2 III Contents Federal Register Vol. 60, No. 117 Monday, June 19, 1995 Agriculture Department Environmental Protection Agency See Forest Service RULES See Grain Inspection, Packers and Stockyards Air quality implementation plans; approval and Administration promulgation; various States; air quality planning purposes; designation of areas: Arts and Humanities, National Foundation Ohio, 31917 See National Foundation on the Arts and the Humanities Air quality implementation plans; approval and promulgation; various States: Kentucky, 31912–31915 Children and Families Administration Texas, 31915–31917 NOTICES Pesticide programs: Agency information collection activities under OMB Technical amendments, 32094–32097 review, 32013 Toxic substances: Grants and cooperative agreements; availability, etc.: Chemical substances; deletion of chemical regulations; Developmental disabilities— technical amendments, 31917–31924 Projects of national significance, 32046–32084 PROPOSED RULES Air quality implementation plans; approval and Commerce Department promulgation; various States; air quality planning See International Trade Administration purposes; designation of areas: See National Oceanic and Atmospheric Administration Ohio, 31934–31935 Air quality implementation plans; approval and promulgation; various States: Customs Service Kentucky, 31933–31934 NOTICES Texas, 31934 Automated Export System; implementation, 32040–32041 NOTICES Agency information collection activities under OMB Defense Department review, 32010–32011 PROPOSED RULES Meetings: Federal Acquisition Regulation (FAR): Small Town Environmental Planning Task Force, 32011 Truth in negotiations, 31935–31936 Superfund; response and remedial actions, proposed settlements, etc.: Education Department Lithium of Lubbock Site, TX, 32011 NOTICES Equal Employment Opportunity Commission Grants and cooperative agreements; availability, etc.: NOTICES Elementary and secondary education— Meetings; Sunshine Act, 32042 Comprehensive regional assistance centers program, 32086–32088 Executive Office of the President Native Hawaiians higher education program, 31999– See Management and Budget Office 32000 Safe and drug-free schools and communities Federal Federal Aviation Administration activities program, 32090–32092 PROPOSED RULES Airworthiness directives: Employment and Training Administration AlliedSignal Inc., 31932–31933 NOTICES Federal Communications Commission Adjustment assistance: RULES Blind Design, Inc., 32027 Common carrier services: DeCorp, Inc., 32031 Video dialtone service; telephone company/cable Engraph Label Group, 32031–32032 television cross-ownership, 31924–31927 Russell-Newman, Inc., 32032 Radio stations; table of assignments: Adjustment assistance and NAFTA transitional adjustment Alabama, 31927 assistance: Arizona, 31927–31928 CPC Vending, Inc., et al., 32029–32031 California, 31928 NAFTA transitional adjustment assistance: Mississippi, 31928–31929 Boskovich Farms Inc. et al., 32028–32029 Missouri, 31929–31930 Nevada, 31930 Energy Department Texas, 31930 See Federal Energy Regulatory Commission Virgin Islands, 31930–31931 See Hearings and Appeals Office, Energy Department Washington, 31931 NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Agency information collection activities under OMB Laser fusion research, 32000–32001 review, 32011–32012 IV Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Contents Federal Deposit Insurance Corporation Housing and Urban Development Department NOTICES NOTICES Agency information collection activities under OMB Agency information collection activities under OMB review, 32012 review, 32018–32019 Privacy Act: Federal Energy Regulatory Commission Computer matching programs, 32019–32020 NOTICES Cultural resources industry outreach training course, 32001 Inspector General Office, Health and Human Services Electric rate and corporate regulation filings: Department North America Energy Services Co. et al., 32001–32003 NOTICES Natural gas certificate filings: Program exclusions; list, 32016–32018 Columbia Gas Transmission Corp. et al., 32003 Applications, hearings, determinations, etc.: Interior Department ANR Pipeline Co., 32003 See Fish and Wildlife Service Columbia Gas Transmission Corp., 32003–32004 See Land Management Bureau Columbia Gulf Transmission Co., 32003 See National Park Service Granite State Gas Transmission, Inc., 32004 Texas Eastern Transmission Corp., 32004 International Trade Administration NOTICES Federal Reserve System Antidumping: NOTICES Antifriction bearings (other than tapered roller bearings) Applications, hearings, determinations, etc.: and parts from— Long, Robert F., 32012 France et al., 31952–31953 Marshall & Ilsley Corp., 32012–32013 Small diameter circular seamless carbon and alloy steel, Totalbank Corp. of Florida, 32013 standard, line and pressure pipe from— Argentina, 31953–31960 Fish and Wildlife Service Brazil, 31960–31974 NOTICES Germany, 31974–31981 Endangered and threatened species permit applications, Italy, 31981–31992 32023 Countervailing duties: Environmental statements; availability, etc.: Small diameter circular seamless carbon and alloy steel, Galerucella calmariensis, etc.; nonindigeneous insects standard, line and pressure pipe from— release to control purple loosestrife, 32023 Italy, 31992–31998 Rocky Mountain Arsenal Wildlife Refuge, CO, 32023– Export trade certificates of review; correction, 31998 32024 Meetings: Automotive Parts Advisory Committee, 31998–31999 Forest Service NOTICES Interstate Commerce Commission Meetings: NOTICES Deschutes Provincial Interagency Executive Committee Rail carriers: Advisory Committee, 31952 Cost of capital; railroad industry’s annual rate proceeding, 32024–32025 General Services Administration PROPOSED RULES Justice Department Federal Acquisition Regulation (FAR): See Parole Commission NOTICES Truth in negotiations, 31935–31936 Agency information collection activities under OMB review, 32025–32027 Grain Inspection, Packers and Stockyards Administration RULES Labor Department Grain weighing equipment and related grain handling See Employment and Training Administration systems; official performance and procedural See Occupational Safety and Health Administration requirements, 31907–31910 Land Management Bureau Health and Human Services Department PROPOSED RULES See Children and Families Administration Minerals management: See Inspector General Office, Health and Human Services Oil and gas leasing— Department Onshore oil and gas geophysical exploration; See National Institutes of Health processing fees and Federal land use guidelines, 31935 Health Care Financing Administration NOTICES See Inspector General Office, Health and Human Services Coal leases, exploration licenses, etc.: Department Wyoming, 32021 Wyoming; correction, 32021 Hearings and Appeals Office, Energy Department Realty actions; sales, leases, etc.: NOTICES Colorado, 32021–32022 Special refund procedures; implementation, 32004–32010 Montana, 32022–32023 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Contents V Legal Services Corporation NOTICES NOTICES Meetings: Meetings; Sunshine Act, 32042–32043 New England Recovery Plan Implementation Team, 31999 Management and Budget Office Permits: NOTICES Endangered and threatened species, 31999 National Information Infrastructure: Security; Federal role; report availability and comment National Park Service request, 32038 NOTICES Meetings: National Aeronautics and Space Administration Missouri National Recreational River Advisory Group, PROPOSED RULES 32024 Federal Acquisition Regulation (FAR): Truth in negotiations, 31935–31936 National Science Foundation NOTICES NOTICES Patent licenses; non-exclusive, exclusive, or partially Investigator financial disclosure policy, 32035 exclusive: Modern Machine & Tool Co., Inc., 32033 Nuclear Regulatory Commission National Capital Planning Commission NOTICES NOTICES Agency information collection activities under OMB Meetings: review, 32035–32036 Washington D.C.; sports and entertainment arena; Meetings: construction and operation, 32033 Licensing Support System Advisory Review Panel, 32036 Reactor pressure vessel integrity issues, 32036 National Credit Union Administration Meetings; Sunshine Act, 32043 RULES Applications, hearings, determinations, etc.: Credit unions, etc.: Midwest Testing, Inc., et al., 32036–32038 Miscellaneous amendments, 31910–31911 Privacy Act; implementation, 31911–31912 Occupational Safety and Health Administration NOTICES National Foundation on the Arts and the Humanities State plans; standards approval, etc: NOTICES Connecticut, 32032–32033 Meetings: Arts in Education Advisory Panel, 32034–32035 Office of Management and Budget Dance Advisory Panel, 32035 See Management and Budget Office Humanities Panel, 32033–32034 Parole Commission National Highway Traffic Safety Administration NOTICES PROPOSED RULES Meetings; Sunshine Act, 32042 Fuel economy standards: Passenger automobiles; low volume manufacturer exemptions, 31937–31939 Public Health Service Motor vehicle safety standards: See National Institutes of Health Lamps, reflective devices, and associated equipment— High intensity discharge light source use in replaceable Securities and Exchange Commission bulb headlamp systems, 31939–31946 NOTICES Seat belt assemblies and child restraint systems— Applications, hearings, determinations, etc.: Colorfastness requirements removed, 31946–31947 First Trust Special Situations Trust (Series 69), 32038– Wheel nuts, wheel discs, and hub caps, 31947–31949 32040 NOTICES Motor vehicle safety standards: Tennessee Valley Authority Nonconforming vehicles— NOTICES Importation eligibility; determinations, 32040 Meetings; Sunshine Act, 32043–32044 National Institutes of Health Transportation Department NOTICES See Federal Aviation Administration Inventions, Government-owned; availability for licensing, See National Highway Traffic Safety Administration 32013–32016 Patent licenses; non-exclusive, exclusive, or partially Treasury Department exclusive: See Customs Service Pharmatec Inc. et al., 32016 National Oceanic and Atmospheric Administration Veterans Affairs Department PROPOSED RULES NOTICES Fishery conservation and management: Agency information collection activities under OMB South Atlantic shrimp and snapper-grouper, 31949– review, 32041 31951 VI Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Contents Separate Parts In This Issue Reader Aids Additional information, including a list of public laws, Part II telephone numbers, and finding aids, appears in the Reader Department of Health and Human Services, Administration Aids section at the end of this issue. for Children and Families, 32046–32084 Part III Department of Education, 32086–32088 Electronic Bulletin Board Part IV Free Electronic Bulletin Board service for Public Law Department of Education, 32090–32092 numbers, Federal Register finding aids, and a list of documents on public inspection is available on 202–275– Part V 1538 or 275–0920. Environmental Protection Agency, 32094–32097 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Contents VII CFR PARTS AFFECTED IN THIS ISSUE A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue. 7 CFR 49 CFR 802...... 31907 Proposed Rules: 531...... 31937 12 CFR 564...... 31939 701...... 31910 571 (3 documents) ...... 31939, 747...... 31910 31946, 31947 790 (2 documents) ...... 31910, 50 CFR 31911 Proposed Rules: 792...... 31910 646...... 31949 659...... 31949 14 CFR Proposed Rules: 39...... 31932 40 CFR 52 (3 documents) ...... 31912, 31915, 31917 61...... 31917 81...... 31917 152...... 32094 153...... 32094 156...... 32094 157...... 32094 162...... 32094 165...... 32094 172...... 32094 180...... 32094 185...... 32094 186...... 32094 704...... 31917 710...... 31917 712...... 31917 762...... 31917 763...... 31917 766...... 31917 790...... 31917 795...... 31917 796...... 31917 797...... 31917 798...... 31917 799...... 31917 Proposed Rules: 52 (3 documents) ...... 31933, 31934 81...... 31934 43 CFR Proposed Rules: 3150...... 31935 47 CFR 63...... 31924 73 (12 documents) ...... 31927, 31928, 31929, 31930, 31931 48 CFR Proposed Rules: 4...... 31935 12...... 31935 14...... 31935 15...... 31935 16...... 31935 31...... 31935 33...... 31935 36...... 31935 45...... 31935 46...... 31935 49...... 31935 52...... 31935 53...... 31935 31907 Rules and Regulations Federal Register Vol. 60, No. 117 Monday, June 19, 1995 This section of the FEDERAL REGISTER publish a document in the Federal and recordkeeping requirements in Part contains regulatory documents having general Register. 68 have been approved previously by applicability and legal effect, most of which ADDRESSES: Please send any adverse OMB and assigned OMB No. 0580– are keyed to and codified in the Code of 0013. Federal Regulations, which is published under comments or notice of intent to submit 50 titles pursuant to 44 U.S.C. 1510. adverse comments to George Wollam, Background GIPSA–FGIS, USDA, Room 0623–S, The Code of Federal Regulations is sold by P.O. Box 96454, Washington, DC 20090– Part 802 of the regulations, Official the Superintendent of Documents. Prices of 6454; FAX (202) 720–4628. All Performance and Procedural new books are listed in the first FEDERAL comments received will be made Requirements for Grain Weighing REGISTER issue of each week. available for public inspection at the Equipment and Related Grain Handling above address during business hours (7 Systems (7 CFR 802.0–802.1), sets forth CFR 1.27(b)). certain procedures, specifications, DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: tolerances, and other technical requirements for grain weighing Grain Inspection, Packers and George Wollam, address as above, telephone (202) 720–0292. equipment and related grain handling Stockyards Administration systems used in performing Class X, and SUPPLEMENTARY INFORMATION: 7 CFR Part 802 Class Y weighing services. This review Executive Order 12866 of the regulations includes a determination of continued need for and RIN 0580±AA39 This rule has been determined to be consequences of the regulations. An not-significant for the purposes of objective of the review is to ensure that Official Performance and Procedural Executive Order 12866 and, therefore, the regulations are consistent with FGIS Requirements for Grain Weighing has not been reviewed by OMB. Equipment and Related Grain Handling policy and authority and are up-to-date. Systems Executive Order 12778 FGIS has determined that, in general, This amended rule has been reviewed these regulations are serving their AGENCY: Grain Inspection, Packers and under Executive Order 12778, Civil intended purpose, are consistent with Stockyards Administration, USDA. Justice Reform. This action is not FGIS policy and authority, and should ACTION: Direct final rule. intended to have a retroactive effect. remain in effect. FGIS, therefore, will The United States Grain Standards Act incorporate the 1994 edition of SUMMARY: In compliance with the provides in section 87g that no State or Handbook 44 by reference into Part 802 requirements for periodic review of subdivision may require or impose any of the regulations and the 1990 revision existing regulations, the Federal Grain requirements or restrictions concerning of Handbook 105–1 continues to be Inspection Service (FGIS), of the Grain the inspection, weighing, or description adopted in order to update the Inspection, Packers and Stockyards of grain under the Act. Otherwise, this regulations. Administration is amending the proposed rule will not preempt any Effective December 4, 1991, FGIS regulations under the United States State or local laws, regulations, or incorporated by reference into Part 802 Grain Standards Act, as amended, policies unless they present of the regulations most provisions in the entitled Performance and Procedural irreconcilable conflicts with this rule. National Institute of Standards and Requirements for Grain Weighing There are no administrative procedures Technology (NIST) Handbook 44, Equipment and Related Grain Handling which must be exhausted prior to any ‘‘Specifications, Tolerances, and Other Systems. FGIS is incorporating by judicial challenge to the provisions of Technical Requirements for Weighing reference the applicable requirements of this rule. and Measuring Devices,’’ 1990 edition the National Institute of Standards and (Handbook 44), and all provisions in Technology (NIST) Handbook 44, Regulatory Flexibility Act Certification NIST Handbook 105–1, ‘‘Specifications ‘‘Specifications, Tolerances, and Other James R. Baker, Administrator, FGIS, and Tolerances for Reference Standards Technical Requirements for Weighing has determined that this proposed rule and Field Standard Weights and and Measuring Devices,’’ 1994 edition will not have a significant economic Measures,’’ 1990 edition (Handbook (Handbook 44) and continues to adopt impact on a substantial number of small 105–1) NIST rule (53 FR 37727). Those all of the requirements of NIST entities. Most users of the official provisions in Handbook 44 that Handbook 105–1, ‘‘Specifications and inspection and weighing services and obviously did not pertain to FGIS Tolerances for Reference Standard those persons that perform those services were not incorporated by Weights and Measures,’’ 1990 revision services do not meet the requirements reference. The provisions that were not (Handbook 105–1). Currently, the 1990 for small entities as defined in the incorporated are listed in section Edition of Handbook 44 and the 1990 Regulatory Flexibility Act (5 U.S.C. 601 802.0(b) of the regulations. edition of Handbook 105–1 are et seq.). Further, the standards are We are publishing this rule without a incorporated by reference. applied equally to all entities. prior proposal because we regularly DATES: This rule will be effective on update this portion of the regulations August 18, 1995, unless we receive Information Collection and and view this action as noncontroversial written adverse comments or written Recordkeeping Requirements and anticipate no adverse public notice of intent to submit adverse In compliance with the Paperwork comment. This rule will be effective, as comments on or before July 19, 1995. If Reduction Act of 1980 (44 U.S.C. published in this document, 60 days adverse comments are received, we will chapter 35), the information collection after the date of publication in the 31908 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations Federal Register unless we receive publish a document to this effect in the Section 2.22 Automatic Bulk Weighing written adverse comments or written Federal Register, before the effective Systems notice of intent to submit adverse date of this direct final, confirming that Section 2.23 Weights comments within 30 days of the date of it is effective on the date indicated in publication of this rule in the Federal this document. In addition, recent amendments to the Register. U.S. Grain Standards Act (Public Law Direct Final Action Adverse comments are comments that 103–156) have included the authority to suggest the rule should not be adopted In 1991 FGIS incorporated by provide for the testing of weighing or suggest the rule should be changed. reference the 1990 edition of Handbook equipment used for other than weighing If we receive written adverse 105–1. FGIS will continue to adopt this grain. FGIS is referring to this type of comments or written notice of intent to edition by reference in section 802.0(a) testing as commercial testing and is submit adverse comments, we will of the regulations. including references to commercial publish a document in the Federal The 1990 edition of Handbook 44 has services in its regulations. Register withdrawing this rule before been changed annually by NIST as new the effective date. We will then publish items are adopted, deleted, or revised by The following table lists those a proposed rule for public comment. the National Conference on Weights and relevant codes and paragraphs, but not Following the close of that comment Measures. Many of these changes were definitions, in which amendments and period, the comments will be for clarity. Further, most State weights editorial changes were made in 1991 considered, and a final rule addressing and measures organizations through 1994 by the 75th, 76th, 77th, the comments will be published. automatically adopt each new edition of and 78th National Conference on As discussed above, if we receive no Handbook 44 and Handbook 105–1. Weights and Measures as they appeared written adverse comments nor written FGIS will revise section 802.0(a) by in the 1991 through 1994 editions of notice of intent to submit adverse incorporating by reference the 1994 Handbook 44. The column headed comments within 30 days of publication edition of Handbook 44 including the ‘‘Action’’ indicates changes noted as of this direct final rule, this direct final following sections: ‘‘added’’, ‘‘amended’’, ‘‘deleted’’, rule will become effective 60 days Section 1.10 General Code ‘‘renumbered’’, or provides an following its publication. We will Section 2.20 Scales explanation. Code Paragraph Action 1990 Amendments General ...... G±S.5.3.1 & G±S.5.6 ...... Retroactive. Scales ...... S.1.7 ...... Amended. Scales ...... S.2.1.5 ...... Added. Scales ...... S.6.1., S.6.2.1, S.6.3., S.6.4 ...... Deleted. Scales ...... S.6.5., S.6.6., S.6.7., S.6.7.1 ...... Deleted. Scales ...... S.6.7.2., S.6.8., S.6.10 ...... Deleted. Scales ...... S.6.11 ...... Deleted. Scales ...... S.6.1. and S.6.2 ...... Renumbered. Scales ...... S.6.3 ...... Added. Scales ...... Tables S.6.3.a & b ...... Added. Scales ...... S.6.11 ...... Amended. Scales ...... N.3.1 ...... Amended. Scales ...... N.3.1.1 ...... Deleted. Scales ...... N.3.1.1., N.3.1.2, N.3.1.3 ...... Added. Scales ...... N.4.±N.4.3.1.4 ...... Added. Scales ...... T.N.3.6.±T.N.3.6.4 ...... Amended. Scales ...... T.N.3.7 ...... Renumbered. Scales ...... T.N.3.8 ...... Renumbered. Scales ...... UR.5 ...... Added. Scales ...... Section T.1 ...... Amended. Scales ...... Table T.1.1 ...... Added. Scales ...... T.N.8.1.3 ...... Amended. 1990 Editorial Changes Scales ...... T.1.1.1 ...... Deleted. Scales ...... Table 8 ...... Class III entries restored. 1991 Amendments General ...... G±S.1 ...... Amended. General ...... G±UR.2.3 ...... Amended. General ...... G±UR.4.1 ...... Amended. Scales ...... S.1.11 ...... Amended. Scales ...... S.2.4 ...... Amended. Scales ...... N.1.3.4 ...... Amended. Scales ...... N.4 ...... Footnote Added. Scales ...... N.4.3.1.3 ...... Amended. Automatic Bulk Weighing Systems ...... UR.4 ...... Amended. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations 31909 Code Paragraph Action 1991 Editorial Changes General ...... G±S.5.2.1 ...... Deleted recorded representation reference. Scales ...... S.6.1 ...... Deleted reference to T.1.3. Scales ...... Table S.6.3.a ...... Symbols added. Scales ...... Table S.6.3.b ...... Added Note 17 nonretroactive. Scales ...... S.6.4 ...... Added from 1989 Handbook. Scales ...... Table T.1.1 ...... Corrected T.N.3.7 to T.N.3.8. 1992 Amendments Scales ...... S.1.1.1 ...... Amended. Scales ...... S.1.7 ...... Amended. Scales ...... S.1.12 ...... Added. Scales ...... S.2.4.1 ...... Added. Scales ...... Tables S.6.3.a. and S.6.3.b ...... Amended. Scales ...... N.1.3.7 ...... Added. Scales ...... N.1.3.7. to N.1.3.8 ...... Renumbered. Scales ...... Table T.1.1 ...... Amended. Scales ...... T.N.3.6 ...... Amended. Scales ...... T.N.3.6.2 ...... Amended. Scales ...... T.N.3.6.4 ...... Amended. Scales ...... T.N.3.7 ...... Amended. Scales ...... UR.1.4 ...... Added. Scales ...... Table 7a ...... Amended. Scales ...... UR.3.3 ...... Added note at end of section. Scales ...... UR.3.7 ...... Amended. Scales ...... UR.3.9 ...... Added. Scales ...... UR.5 ...... Amended. Automatic Bulk Weighing: Systems ...... UR.1.1 Table ...... Deleted. Systems ...... UR.1.1 ...... Amended. 1992 Editorial Changes All ...... Changes made to include SI units. Scales ...... Table T.1.1 ...... New headings second line. Scales ...... T.3 ...... Deleted T.3.1 in the 1st paragraph. 1993 Amendments General ...... G±S.8 ...... Amended. Scales ...... S.1.1 ...... Amended. Scales ...... Table S.1.11 ...... Amended. Scales ...... S.1.13 ...... Added. Scales ...... S.5.4 ...... Added. Scales ...... N.4.3.1.1 ...... Amended. Scales ...... Renumber N.5 to N.6 ...... Renumbered. Scales ...... N.5 (New) ...... Added. Scales ...... UR.2.6.1 ...... Amended. Automatic Bulk Weighing: Systems ...... S.3.2 ...... Deleted. Systems ...... S.3.3 ...... Added. 1993 Editorial Changes Scales ...... Table 4 ...... Deleted ``recommended''. Scales ...... Index ...... Index added for scales code. Changes in Handbook 44 also N.5. Nominal Capacity of Prescription List of Subjects in 7 CFR Part 802 necessitate a revision to 802.0(b). Scales Therefore, FGIS revises section 802.0(b) T.2.3. Prescription Scales Administrative practice and by revising the list of those provisions T.2.4. Jewelers’ Scales (all sections) procedure, Export, Grain, Incorporation that do not pertain to FGIS services. T.2.5. Dairy—Product-Test Scales (all by reference, Reporting and These provisions are as follows: sections) recordkeeping requirements. S.1.8. Computing Scales T.N.3.9. Materials Test on Customer- For reasons set out in the preamble, N.3. Recommended Minimum Test Operated Bulk-Weighing Systems for 7 CFR Part 802 is amended as follows: Weights and Test Loads Recycled Materials 31910 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations PART 802ÐOFFICIAL PERFORMANCE Scales Code (2.20) of the U.S. Code. The corrections are AND PROCEDURAL REQUIREMENTS S.1.8. Computer Scales made in this document. Part 790 sets FOR GRAIN WEIGHING EQUIPMENT S.1.8.2. Money-Value Computation forth descriptions of the various NCUA AND RELATED GRAIN HANDLING S.1.8.3. Customer’s Indications offices. Two updates need to be made to SYSTEMS S.1.8.4. Recorded Representations, Point of these descriptions. First, the Office of Sale Chief Economist and Policy 1. The authority citation for Part 802 S.2.5.2. Jeweler’s, Prescription, & Class I & Development, described in Section II Scales continues to read as follows: S.3.3. Scoop Counterbalance 790.2(b)(14) has been redesignated as Authority: Pub. L. 94–582, 90 Stat. 2867, N.1.3.2 Dairy-Product Test Scales the Office of Investment Services. The as amended (7 U.S.C. 71 et seq.). N.1.5. Discrimination Test (Not adopted for duties and responsibilities of the Office Grain Test Scales only) of Investment Services are somewhat 2. Section 802.0 is revised to read as N.1.8. Material Tests different from the former office. follows: N.3.1.2. Interim Approval Modifications to both the office name N.3.1.3. Enforcement Action for Inaccuracy § 802.0 Applicability. and description are made. Second, the N.4. Coupled-in-Motion Railroad Weighing structure of regional office management (a) The requirements set forth in this Systems has recently been modified. Senior Part 802 describe certain specifications, N.5. Nominal Capacity of Prescription Scales regional management formerly consisted tolerances, and other technical T.1.2. Postal and Parcel Post Scales of a Regional Director, an Associate requirements for grain weighing T.2.3. Prescription Scales Regional Director and a Deputy Regional equipment and related grain handling T.2.4. Jewelers’ Scales (all sections) Director. The titles and duties of these systems used in performing Class X and T.2.5. Dairy—Product-Test Scales (all officials are found in Section Class Y weighing services, official sections) 790.2(c)(2). Regional management now inspection services, and commercial T.N.3.9. Materials Test on Customer- consists of a Regional Director, an services under the Act. All scales used Operated Bulk-Weighing Systems for Associate Regional Director for for official grain weight and inspection Recycled Materials Programs and an Associate Regional certification services provided by FGIS UR.1.4. Grain Test Scales: Value of Scale Divisions Director for Operations. Modifications shall meet applicable requirements UR.3.1. Recommended Minimum Load to Section 790.2(c)(2) are made to reflect contained in the FGIS Weighing UR.3.1.1. Minimum Load, Grain Dockage the current structure and duties. Handbook, the General Code, the Scales Automatic Bulk Weighing Systems (2.22): Part 792 contains, among other things, Code, the Automatic Bulk Weighing UR.1.1. Selection Requirements for a description of the NCUA’s information Systems Code, and the Weights Code of Systems Used to Weight Grain. centers for purposes of the Freedom of the 1994 edition of National Institute of Dated: June 6, 1995. Information Act. The Asset Liquidation Standards and Technology (NIST) James R. Baker, Management Center is added to Section Handbook 44, ‘‘Specifications, 792.2(f) as an agency information center. Administrator. Tolerances, and Other Technical Since these changes are housekeeping Requirements for Weighing and [FR Doc. 95–14624 Filed 6–16–95; 8:45 am] and do not have any substantive effect Measuring Devices’’ (Handbook 44); and BILLING CODE 3410±EN±M on credit unions, the Board finds it NIST HANDBOOK 105–1 (1990 unnecessary to either issue a proposed Edition), ‘‘Specifications and Tolerances rule or to have a delayed effective date. for Reference Standards and Field NATIONAL CREDIT UNION Therefore these changes are issued in Standard Weights and Measures’’ ADMINISTRATION final form and are effective upon (Handbook 105–1). These requirements publication. are confirmed to be met by having 12 CFR Parts 701, 747, 790 and 792 Regulatory Procedures National Type Evaluation Program or Changes in Citations, Office Federal Grain Inspection Service type Descriptions and Information Centers Regulatory Flexibility Act approval. Scales used for commercial The Regulatory Flexibility Act AGENCY: National Credit Union purposes will be required to meet only requires the NCUA to prepare an Administration (NCUA). the applicable requirements of the 1994 analysis to describe any significant edition of the NIST Handbook–44. ACTION: Final rule. economic impact any regulation may Pursuant to the provisions of 5 U.S.C. have on a substantial number of small 552(a), with the exception of the SUMMARY: This final rule makes housekeeping changes to NCUA’s credit unions (primarily those under $1 Handbook 44 requirements listed in million in assets). The types of changes paragraph (b) of this section, the regulations. Corrections are made to certain citations to the United States made by this rule have no economic materials in Handbooks 44 and 105–1 impact on credit unions. These are are incorporated by reference as they Code found in the regulations and descriptions of two NCUA offices are merely housekeeping changes. exist on the date of approval and a Therefore, the NCUA Board has notice of any change in these materials updated to reflect current agency structure. determined and certifies that, under the will be published in the Federal authority granted in 5 U.S.C. 605(b), this EFFECTIVE DATE: June 19, 1995. Register. The NIST Handbooks are for final rule will not have a significant sale by the Superintendent of FOR FURTHER INFORMATION CONTACT: economic impact on a substantial Documents, U.S. Government Printing Hattie M. Ulan, Special Counsel to the number of small credit unions. Office, Washington, DC 20403. They are General Counsel, at 703–544–6540. Accordingly, the Board has determined also available for inspect at the Office of SUPPLEMENTARY INFORMATION: Section that a Regulatory Flexibility Analysis is the Federal Register, 800 North Capitol 701.14 and part 747, subpart J contain not required. Street, NW., suite 700, Washington, DC. incorrect citations to the United States (b) The following Handbook 44 Code. These citations were correct when Paperwork Reduction Act requirements are not incorporated by the regulations were originally drafted, This final rule does not change any reference: but have changed due to a recodification paperwork requirements. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations 31911 Executive Order 12612 § 790.2 Central and regional office designated as Information Centers for organization. the NCUA. * * * Executive Order 12612 requires NCUA to consider the effect of its * * * * * * * * * * actions on state interests. Since these (b) Central Office.* ** [FR Doc. 95–14872 Filed 6–16–95; 8:45 am] are housekeeping changes only, there is (14) Office of Investment Services. BILLING CODE 7535±01±U no effect on state interests. The Office of Investment Services is responsible for providing investment List of Subjects in 12 CFR Parts 701, 12 CFR Part 790 747, 790 and 792 expertise and advice to the Board and agency staff. A working relationship is Addition of Specific Exemptions Under Credit unions. maintained with the financial the Privacy Act By the National Credit Union marketplace to develop resources Administration Board on June 12, 1995. available to the NCUA and keep abreast AGENCY: National Credit Union Becky Baker, of product initiatives. The NCUA Administration. Secretary of the Board. Investment Hotline housed in this ACTION: Final rule. Office is a toll-free number that is SUMMARY: The NCUA Board has adopted Accordingly, for the reasons set out in available to examiners, credit unions, these amendments as proposed. The the preamble, 12 CFR Ch. VII is and financial product vendors to ask amendments reflect the addition of the amended as set forth below. investment related questions. The (j)(2) and (k)(2) exemptions of the Hotline provides NCUA an opportunity PART 701ÐORGANIZATION AND Privacy Act to the NCUA regulations to be aware of current investment issues OPERATIONS OF FEDERAL CREDIT that describe exempt systems of records, as they arise in credit unions and has UNIONS and link the ‘‘Office of Inspector permitted NCUA to become proactive, General (OIG) Investigative Records— rather than reactive, to such issues. In 1. The authority citation for part 701 NCUA,’’ system NCUA–20, to these continues to read as follows: addition, investment officers advise Privacy Act exemptions. agency management on the purchase of Authority: 12 U.S.C. 1752(5), 1755, 1756, EFFECTIVE DATE: authorized investments for the NCUSIF July 19, 1995. 1757, 1759, 1761b, 1766, 1767, 1782, 1784, and the CLF. FOR FURTHER INFORMATION CONTACT: 1787, 1789, and Public Law 101–73. Section Alexandra B. Keith, Counsel to the 701.6 is also authorized by 12 U.S.C. 1601 et * * * * * Inspector General, Office of Inspector seq., 42 U.S.C. 1981 and 42 U.S.C. 1601– (c) Regional Offices. * ** 1610. Section 701.35 is also authorized by 12 General, National Credit Union U.S.C. 4311–4312. (2) * * * The Regional Director is Administration, 5th floor, 1775 Duke aided by an Associate Regional Director Street, Alexandria, VA, 22314, § 701.14 [Amended] for Operations and Associate Regional Telephone: 703–518–6352. 1a. In § 701.14, paragraph (a) is Director for Programs. Staff working in SUPPLEMENTARY INFORMATION: In 1989, in amended by removing the citation ‘‘12 the Regional Office report to the response to the Inspector General Act U.S.C. 1791’’ and adding in its place ‘‘12 Associate Regional Director for Amendments, Pub. L. 100–504, the U.S.C. 1790a’’. Operations. Each region is divided into National Credit Union Administration examiner districts, each assigned to a Board established a statutorily PART 747ÐADMINISTRATIVE Supervisory Credit Union Examiner; designated Inspector General (IG), to ACTIONS, ADJUCICATIVE HEARINGS, groups of examiners are directed by a whom the functions of the former AND RULES OF PRACTICE AND Supervisory Credit Union Examiner, NCUA Office of Internal Auditor, were PROCEDURE each of whom in turn reports directly to transferred. The functions of NCUA’s Office of Inspector General (OIG) 2. The authority citation for part 747 the Associate Regional Director for Programs. * * * include: (1) The detection and continues to read as follows: prevention of waste, fraud, and abuse Authority: 12 U.S.C. 1766, 12 U.S.C. 1786, PART 792ÐREQUESTS FOR and (2) the promotion of economy and 12 U.S.C.1784, 12 U.S.C. 1787. INFORMATION UNDER THE FREEDOM efficiency in NCUA programs and §§ 747.901, 747.902, 747.904 [Amended] OF INFORMATION ACT AND PRIVACY operations. As one of its principal ACT, AND BY SUBPOENA; SECURITY functions, the OIG performs 3. Remove the citation ‘‘12 U.S.C. PROCEDURES FOR CLASSIFIED investigations into alleged violations of 1791’’ and add, in its place, ‘‘12 U.S.C. INFORMATION criminal law in connection with 1790a’’ in the following places: NCUA’s programs and operations, (a) § 747.901; 6. The authority citation for part 792 pursuant to the IG Act of 1978, as (b) § 747.902; continues to read as follows: amended. In conjunction with these (c) § 747.904(b)(2). Authority: 12 U.S.C. 1766, 12 U.S.C. 1789, functions, OIG reports suspected violations of criminal and civil law to PART 790ÐDESCRIPTION ON NCUA; 12 U.S.C. 1795f, 5 U.S.C. 552, 5 U.S.C. 552a, Executive Orders 12600 and 12356. the U.S. Attorney General. REQUESTS FOR AGENCY ACTION Section (j)(2) of the Privacy Act (Title 4. The authority citation for part 790 7. Section 792.2 is amended by 5 U.S.C. 552a (j)(2)) permits the head of continues to read as follows: revising the first sentence of paragraph an agency to promulgate rules to exempt (f) as follows: a system of records from certain Authority: 12 U.S.C. 1766, 12 U.S.C. 1789, requirements if the system is 12 U.S.C. 1795f. § 792.2 Information made available to the public and requests for such information. maintained by an agency component or 5. Section 790.2(b) is amended by sub component whose principal revising paragraph (b)(14) as set forth * * * * * function pertains to the enforcement of below; § 790.2(c)(2) is amended by (f) Information Centers. The Central criminal laws and if the system of revising the 5th, 6th and 7th sentences Office, Regional Offices and the Asset records is compiled for a criminal law as set forth below: Management Liquidation Center are enforcement purpose. Accordingly, to 31912 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations the extent it includes this kind of Paperwork Reduction Act ENVIRONMENTAL PROTECTION records, the OIG Investigative Records AGENCY system of records is exempt from the These amendments contain no following sections of 552a of Title 5 information collection requirements and 40 CFR Part 52 therefore is not subject to the U.S.C.: (c)(3), (c)(4), (d), (e)(1), (e)(2), [KY±67±1±6130a; FRL±5192±3] (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), requirements of the Paperwork (e)(8), (f), and (g), as well as from the Reduction Act of 1980 (44 U.S.C. 3501 Approval and Promulgation of corresponding regulatory subsections. et seq.) Implementation Plans; Kentucky: Title Section (k)(2) (Title 5 U.S.C. Executive Order 12612 V, Section 507, Small Business 552a(k)(2)) permits exemption from Stationary Source Technical and certain requirements if the system This amendment to NCUA’s systems Environmental Compliance Assistance consists of investigatory material of record notice does not affect state Program compiled for law enforcement purposes, regulation of credit unions. other than material within the scope of AGENCY: Environmental Protection subsection (j)(2); Provided however, that List of Subjects in 12 CFR Part 792 Agency (EPA). if any individual is denied any right, ACTION: Direct final rule. privilege, or benefit that he or she Criminal penalties, Freedom of would otherwise be entitled to by Information, Privacy, Reporting and SUMMARY: EPA is approving revisions to Federal law, or for which he or she recordkeeping requirements, Sunshine the State Implementation Plan (SIP) would otherwise be eligible, as a result Act. submitted by the Commonwealth of Kentucky through the Kentucky Natural of the maintenance of such material, By the National Credit Union Resources and Environmental such material shall be provided to such Administration Board on June 12, 1995. Protection Cabinet for the purpose of individual except to the extent that the Becky Baker, disclosure of such material would reveal establishing a Small Business Stationary Secretary of the Board. the identity of a source who furnished Source Technical and Environmental information to the Government under an Accordingly, the proposed rule Compliance Assistance Program (PROGRAM), which was implemented express promise that the identity of the adding two new Privacy Act exemptions by November 15, 1994. This source would be held in confidence, or to the Office of Inspector General system implementation plan was submitted by prior to January 1, 1975, under an of investigative records to 12 CFR part implied promise that the identity of the the Commonwealth on November 13, 792, is adopted by the NCUA Board as 1992, to satisfy the federal mandate to source should be held in confidence. a final rule as follows: Accordingly, to the extent that it ensure that small businesses have access to the technical assistance and includes these kinds of records, this PART 792Ð[AMENDED] system of records is also exempt under regulatory information necessary to comply with the Clean Air Act as Section (k)(2) from the following Subpart BÐThe Privacy Act sections of 552a of Title 5 U.S.C.: amended in 1990 (CAA). (c)(3);(d); (e)(1); (e)(4)(G), (H), and (I); 1. The authority citation for part 792 DATES: This action will be effective and (f), as well as from the is revised to read as follows: August 18, 1995 unless notice is corresponding regulatory subsections. received July 19, 1995 that someone This rule, amending 12 CFR 792.34, Authority: 12 U.S.C. 1766(a) and wishes to submit adverse or critical makes NCUA’s regulations consistent 1789(a)(7); 5 U.S.C. App. 3. Subpart B is also comments. If the effective date is issued under 5 U.S.C. 552a. with those of the majority of agencies delayed, timely notice will be published with statutory IG’s. 2. In § 792.34, a new paragraph (b)(3) in the Federal Register. ADDRESSES: Written comments should Summary of Comments and Discussion is added to read as follows: be addressed to: Ms. Kimberly Bingham, of Issues § 792.34 Exemptions. Regulatory Planning and Development The agency received no comments on * * * * * Section, Air Programs Branch, Air, its proposed rule. Pesticides & Toxics Management (b) * * * Overview of Final Rule Division, Region 4 Environmental (3) System NCUA–20, entitled, Protection Agency, 345 Courtland The final rule is the same as the ‘‘Office of Inspector General (OIG) Street, NE., Atlanta, Georgia 30365. proposed rule (See 60 FR 18036, April Investigative Records,’’ consists of OIG Copies of the material submitted by 10, 1995). Two Privacy Act exemptions, records of closed and pending the Commonwealth of Kentucky may be 5 U.S.C. 552 (j)(2) and 5 U.S.C. investigations of individuals alleged to examined during normal business hours 552a(k)(2) were proposed as discussed have been involved in criminal at the following locations: above. violations. The records in this system Air and Radiation Docket and Regulatory Procedures are exempted pursuant to Sections (k)(2) Information Center (Air Docket 6102), of the Privacy Act, 5 U.S.C. 552a(k)(2), U.S. Environmental Protection Regulatory Flexibility Act from sections (c)(3); (d); (e)(1); (e)(4)(G); Agency, 401 M Street SW., As required by the Regulatory (e)(4)(H); (e)(4)(I); and (f). The records in Washington, DC 20460 Flexibility Act (5 U.S.C. 605(b)), the this system are also exempted pursuant Environmental Protection Agency, NCUA certifies that this rule does not to Section (j)(2) of the Privacy Act, 5 Region IV Air Programs Branch, 345 have a significant economic impact on U.S.C. 552a(j)(2), from sections (c)(3); Courtland Street NE., Atlanta, Georgia a substantial number of small entities. (c)(4); (d); (e)(1); (e)(2); (e)(3); and (g). 30365 The amendments to 12 CFR are Kentucky Department for * * * * * procedural in nature and will aid an Environmental Protection, Division NCUA office to perform its criminal law [FR Doc. 95–14873 Filed 6–16–95; 8:45 am] for Air Quality, 803 Schenkel Lane, enforcement function. BILLING CODE 7535±01±U Frankfort, Kentucky 40601. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations 31913 FOR FURTHER INFORMATION CONTACT: Ms. stationary sources, and programs to Technology Center, Office of Pollution Kimberly Bingham, Regulatory Planning encourage lawful cooperation among Prevention, and Technology Transfer and Development Section, Air Programs such sources and other persons to Network. Branch, Air, Pesticides & Toxics further comply with the CAA; The Division will provide information Management Division, Region 4 B. The establishment of adequate concerning compliance methods and Environmental Protection Agency, 345 mechanisms for assisting small business technologies for small business Courtland Street, NE., Atlanta, Georgia stationary sources with pollution stationary sources to operators and 30365. The telephone number is prevention and accidental release owners of small businesses. This will be (404)347–3555 extension 4195. detection and prevention, including accomplished through cooperation and SUPPLEMENTARY INFORMATION: providing information concerning interaction with the Kentucky Economic Implementation of the CAA will require alternative technologies, process Development Cabinet, the Chamber of small businesses to comply with changes, products and methods of Commerce, various trade associations, specific regulations in order for areas to operation that help reduce air pollution; and other appropriate groups. An attain and maintain the national C. The development of a compliance information clearinghouse will be ambient air quality standards (NAAQS) and technical assistance program for established to provide information and reduce the emission of air toxics. In small business stationary sources which concerning pollution prevention and/or anticipation of the impact of these assist small businesses in determining accidental release detection and requirements on small businesses, the applicable permit requirements under prevention programs which include CAA requires that states adopt a the CAA in a timely and efficient information regarding alternative PROGRAM, and submit this PROGRAM manner; technologies, process changes, products, as a revision to the federally approved D. The development of adequate and methods of operation that reduce SIP. In addition, the CAA directs the mechanisms to assure that small air pollution. Small businesses will be EPA to oversee the small business business stationary sources receive able to access information regarding assistance program and report to notice of their rights under the CAA in their rights under the CAA, permitting Congress on their implementation. The such manner and form as to assure procedures, applicable fees, when and requirements for establishing a reasonably adequate time for such where to apply for permits, enforcement PROGRAM are set out in section 507 of sources to evaluate compliance methods processes, etc. title V of the CAA and the EPA guidance and any relevant or applicable proposed The Division is responsible for document Guidelines for the or final regulation or standards issued maintaining a Toll-Free hotline Implementation of Section 507 of the under the CAA; accessible to small businesses during 1990 Clean Air Act Amendments. In E. The development of adequate normal business hours and will develop order to gain full approval, the state mechanisms for informing small easily understood brochures describing submittal must provide for each of the business stationary sources of their rights and obligations under the CAA following PROGRAM elements: (1) the obligations under the CAA, including and new regulatory requirements and establishment of a Small Business mechanisms for referring such sources developments which might affect a Assistance Program to provide technical to qualified auditors, or at the option of small source. In addition, the SBAP will and compliance assistance to small the State, for providing audits of the distribute information to small businesses; (2) the establishment of a operations of such sources to determine businesses through industry groups, state Small Business Ombudsman to compliance with the CAA; and trade associations, local chambers of F. The development of procedures for represent the interests of small commerce, and other organizations consideration of requests from a small businesses in the regulatory process; involved with small businesses. An on- and (3) the creation of a Compliance business stationary source for site audit program will be developed in Advisory Panel (CAP) to determine and modification of (A) any work practice or cooperation with the University of report on the overall effectiveness of the technological method of compliance, or Kentucky to be utilized at the request of SBAP. The plan must also determine the (B) the schedule of milestones for sources to evaluate work practices, eligibility of small business stationary implementing such work practice or compliance monitoring procedures and sources for assistance in the PROGRAM. method of compliance preceding any record keeping procedures. The The plan includes the duties, funding applicable compliance date, based on Division will also develop procedures and schedule of implementation for the the technological and financial for consideration of requests from a three PROGRAM components. capability of any such small business source with regards to modification of Section 507 (a) and (e) of the CAA set stationary source. work practices, compliance methods or forth requirements the State must meet The Commonwealth of Kentucky implementation schedules. Natural Resources and Environmental to have an approvable PROGRAM. The 2. Ombudsman Commonwealth of Kentucky has Protection Cabinet has charged the addressed these requirements and Kentucky Division for Air Quality with Section 507(a)(3) of the CAA requires established a PROGRAM as described the responsibility of implementing the the designation of a state office to serve below. Small Business Assistance Program as the Ombudsman for small business (SBAP). The division will contract stationary sources. Kentucky has 1. Small Business Assistance Program several of the assistance activities with appointed a Small Business (SBAP) the University of Kentucky. The Ombudsman and established the Office Kentucky has established a Division has identified specific of the Ombudsman in the Secretary’s mechanism to implement the following employees to serve as contact points Office of the Natural Resources and six requirements set forth in section 507 between the University, other Division Environmental Protection Cabinet. The of title V of the CAA: programs, the office of the ombudsman, Ombudsman will serve as an advocate A. The establishment of adequate and the Compliance Advisory Panel. to represent the interests of small mechanisms for developing, collecting The Division assures that the SBAP will businesses as they come under the and coordinating information have computerized access to EPA regulation of the CAA. The concerning compliance methods and sponsored electronic bulletin boards Ombudsman’s position was established technologies for small business and hotlines such as EPA’s Control in the Secretary’s office in order to 31914 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations allow the Ombudsman to have direct Kentucky has established the extend the time within which a petition access to the Secretary, the Governor’s following mechanisms as required by for judicial review may be filed, and office, and other agencies within state section 507: (1) A process for shall not postpone the effectiveness of government. ascertaining the eligibility of a source to such rule or action. This action may not receive assistance under the PROGRAM, be challenged later in proceedings to 3. Compliance Advisory Panel including an evaluation of a source’s enforce its requirements. (See Section Section 507(e) of the CAA requires the eligibility using the criteria in section 307(b)(2) of the Act, 42 U.S.C. 7607 state to establish a Compliance Advisory 507(c) (1) of the CAA; (2) A process for (b)(2).) Panel (CAP) that must include two public notice and comment on grants of The OMB has exempted these actions members selected by the Governor who eligibility to sources that do not meet from review under Executive Order are not owners or representatives of the provisions of sections 507(c)(1)(C), 12866. owners of small businesses. Four (D), and (E) of the CAA, but do not emit members will be selected by the state more than 100 tpy of all regulated Nothing in this action shall be legislature who are owners, or represent pollutants; and (3) A process for construed as permitting or allowing or owners, of small businesses; the exclusion from the small business establishing a precedent for any future majority and minority leadership in stationary source definition, after request for a revision to any SIP. Each both the house and the senate shall each consultation with the EPA and the request for revision to the SIP shall be appoint one member. One member will Small Business Administration considered separately in light of specific be selected by the head of the agency in Administrator and after providing technical, economic, and environmental charge of the Air Pollution Permit notice and opportunity for public factors and in relation to relevant Program. Kentucky chose to establish a comment, of any category or statutory and regulatory requirements. nine member CAP with a membership subcategory of sources that the By today’s action, the U.S. EPA is consistent with the aforementioned Department determines to have approving a State program created for CAA requirements with the following sufficient technical and financial the purpose of assisting small business modification: the Secretary of the capabilities to meet the requirements of stationary sources in complying with Natural Resources and Environmental the CAA. existing statutory and regulatory Protection Cabinet shall select two requirements. The program being Final Action members instead of one and the approved today does not impose any Secretary of the Economic Development In this action, EPA is approving the new regulatory burden on small Cabinet shall select one panel member PROGRAM SIP revision submitted by business stationary sources; it is a to represent that agency. The SBAP will the Commonwealth of Kentucky program under which small business serve as the secretariat to the CAP in the through the Natural Resources and stationary sources may elect to take development and dissemination or Environmental Protection Cabinet. The advantage of assistance provided by the reports, advisory opinions, and other EPA is publishing this action without State. Therefore, because the U.S. EPA’s information. prior proposal because the Agency approval of this program does not The duties of the CAP include: views this as a noncontroversial impose any new regulatory providing for ensuring the overall amendment and anticipates no adverse requirements on small businesses, I effectiveness of the PROGRAM; comments. However, in a separate certify that it does not have a significant rendering advisory opinions regarding document in this Federal Register economic impact on any small entities the effectiveness of the state PROGRAM, publication, the EPA is proposing to affected. the difficulties encountered, and the approve the SIP revision should adverse or critical comments be filed. This SIP approvals under 110 and degree and severity of enforcement; subchapter I, part D of the CAA do not reviewing information for small action will be effective August 18, 1995 unless, within 30 days of its create any new requirements, but business stationary air pollution sources simply approve requirements that the to assure such information is publication, adverse or critical comments are received. If the EPA State is already imposing. Therefore, understandable by the layperson; and to because the federal SIP-approval does make periodic reports to the receives such comments, this action will be withdrawn before the effective date not impose any new requirements, I Administrator of the Environmental certify that it does not have a significant Protection Agency in accordance with by publishing a subsequent document that will withdraw the final action. All impact on any small entities affected. the requirements of the Paperwork Moreover, due to the nature of the Reduction Act, the Regulatory public comments received will then be addressed in a subsequent final rule federal-state relationship under the Flexibility Act, and the Equal Access to CAA, preparation of a regulatory Justice Act. based on this action serving as a proposed rule. The EPA will not flexibility analysis would constitute 4. Source Eligibility institute a second comment period on federal inquiry into the economic Kentucky has incorporated section this action. Any parties interested in reasonableness of state action. The CAA 507(c)(1) and defined a Small Business commenting on this action should do so forbids EPA to base its actions Stationary Source as a source that: at this time. If no such comments are concerning SIPs on such grounds. Union Electric Co. v. Environmental (1) Is owned or operated by a person received, the public is advised that this Protection Agency, 427 U.S. 246, 256–66 who employs 100 or fewer action will be effective August 18, 1995. (S.Ct. 1976); 42 U.S.C. Sections individuals; Under Section 307(b)(1) of the Act, 42 (2) is a small business concern as U.S.C. 7607(b)(1), petitions for judicial 7410(a)(2) and 7410(k). defined in the Small Business Act; review of this action must be filed in the List of Subjects in 40 CFR Part 52 (3) is not a major stationary source as United States Court of Appeals for the defined in Titles I and III of the CAA; appropriate circuit by August 18, 1995. Air pollution control, Incorporation (4) emits less than 50 tons per year (tpy) Filing a petition for reconsideration by by reference, Intergovernmental of any regulated pollutant; and the Administrator of this final rule does relations, Small business stationary (5) emits less than 75 tpy of all regulated not affect the finality of this rule for source technical and environmental pollutants. purposes of judicial review nor does it assistance program. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations 31915 Dated: April 10, 1995. lieu of controlling VOC emissions from stream emissions are composed of steam Patrick M. Tobin, three vacuum vents. The bubble plan and air. Instead of controlling emissions Acting Regional Administrator. was reviewed for consistency with the from these three vents, Shell proposed Part 52 of chapter I, title 40, Code of EPA’s Emissions Trading Policy to use an emission reduction from an Federal Regulations, is amended as Statement (ETPS) published in the analyzer vent located at its Alkylation follows: Federal Register on December 4, 1986. Plant. The analyzer vent reduction is DATES: This action will become effective not required by any State or Federal PART 52Ð[AMENDED] on August 18, 1995 unless adverse or rule, regulation, permit condition, board critical comments are received by July order, or court order. 1.05 TPY of VOC 1. The authority citation for part 52 19, 1995. If the effective date is delayed, emission reduction was achieved from continues to read as follows: timely notice will be published in the the analyzer vent by physically limiting Authority: 42.U.S.C. 7401–7671q. Federal Register. the maximum flow rate through the vent ADDRESSES: Written comments on this from 4.2 TPY of VOC to 3.15 TPY. The Subpart S±Kentucky action should be addressed to Mr. Guy reduced flow was made permanent by replacing the metering valves and 2. Section 52.920, is amended by Donaldson, Acting Chief, Planning adding flow restrictors. adding paragraph (c)(71) to read as Section, at the EPA Regional Office follows: listed below. Copies of the documents II. Applicable EPA Policies relevant to this action are available for § 52.920 Identification of plan. public inspection during normal On December 4, 1986 (51 FR 43814), * * * * * business hours at the following the EPA issued the final ETPS, (c) * * * locations. The interested persons containing the criteria by which (71) The Commonwealth of Kentucky, wanting to examine these documents emissions trades will be evaluated. As Natural Resources and Environmental should make an appointment with the indicated in the ETPS, it is the policy Protection Cabinet submitted revisions appropriate office at least twenty-four of the EPA to encourage emissions to the Kentucky State Implementation hours before the visiting day. trades to achieve more flexible, rapid, Plan on January 15, 1993 These U.S. Environmental Protection Agency, and efficient attainment of the National revisions address the requirements of Region 6, Air Programs Branch (6T– Ambient Air Quality Standards. It section 507 of title V of the CAA and A), 1445 Ross Avenue, suite 700, describes emissions trading, sets out establish the Small Business Stationary Dallas, TX 75202–2733. general principles that the EPA uses to Source Technical and Environmental U.S. Environmental Protection Agency, evaluate emissions trades under the Assistance Program (PROGRAM). Air and Radiation Docket and CAA, and expands opportunities for (i) Incorporation by reference. Information Center, 401 M Street, States and industry to use these less (A) Revision to the Kentucky State S.W., Washington, DC 20460. costly control approaches. A source may Implementation Plan to incorporate Texas Natural Resource Conservation secure ERCs by meeting each of the document titled ‘‘Kentucky Small Commission, 12124 Park 35 Circle, applicable requirements of the final Business Stationary Source Technical Austin, Texas 78753. ETPS. Generally, only reductions which Environmental Assistance Program’’ FOR FURTHER INFORMATION CONTACT: Ms. are surplus, enforceable, permanent, which was approved by the Kentucky Leila Yim Surratt or Mr. Herb Sherrow, and quantifiable can qualify as ERCs. In Natural Resources and Environmental Planning Section (6T–AP), Air Programs addition, the ETPS lays out more Protection Cabinet effective on July 15, Branch, EPA Region 6, 1445 Ross stringent baseline and additional 20 1993. Avenue, Dallas, Texas 75202–2733, percent emission reduction (ii) Additional Material. None. telephone (214) 665–7214. requirements if the trade occurs in a nonattainment area needing but lacking * * * * * SUPPLEMENTARY INFORMATION: an approved attainment demonstration. [FR Doc. 95–14446 Filed 6–16–95; 8:45 am] I. Background On April 7, 1994 (59 FR 16710), the BILLING CODE 6560±50±P On July 26, 1993, the Governor of EPA issued the final Economic Texas submitted a request to revise the Incentive Program (EIP) rule which sets 40 CFR Part 52 Texas SIP to include an alternative forth general principles for a broad emission reduction plan for the Shell range of EIPs which States may pursue. [TX±37±1±6323a; FRL±5161±9] Oil Manufacturing Complex located in Through the EIP rule, the Agency encourages the development of EIPs that Approval and Promulgation of Air Deer Park, Texas. will assist States in meeting air quality Quality Implementation Plans; Texas; Due to VOC Reasonably Available management goals through flexible Alternative Emission Control Plan For Control Technology (RACT) fix-up approaches which allow for less costly Shell Oil Company, Deer Park, TX changes required by the 1990 Clean Air Act (CAA), the Texas Air Control Board control strategies, and which provide AGENCY: Environmental Protection (TACB), which is now known as the stronger incentives for the development Agency (EPA). Texas Natural Resource Conservation and implementation of innovative ACTION: Direct final rule. Commission, adopted revisions to its emission reduction technology. In the Regulation V on May 10, 1991, preamble to the EIP rule (59 FR 16690), SUMMARY: In this action, the EPA is eliminating the exemption of sources the EPA addresses the relationship approving the alternative emission with emissions of less than 100 pounds between the EIP and the ETPS. The reduction (bubble) plan for the Shell Oil per day from RACT requirements. As a preamble clarifies that the provisions of Company’s Deer Park manufacturing result of this action, Shell was required the ETPS which apply to trading complex as a revision to the Texas State to install a 90 percent control between existing sources represent one Implementation Plan (SIP). The bubble technology on three vacuum vents. particular model for how States could plan uses the emission reduction credit These vents emit a total of 36 pounds of design an EIP. Therefore, an application (ERC) from volatile organic compound VOC per year (0.018 tons per year for an emissions trade or bubble that (VOC) reductions at an analyzer vent in (TPY)). The vast majority of the vent meets the requirements of the ETPS, 31916 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations will be deemed to meet the baseline and the 20 percent additional action serving as a proposed rule. The requirements of the EIP. emission reduction requirements. As EPA will not institute a second Shell Oil Company’s Deer Park described more fully in the Technical comment period on this action. Any Manufacturing bubble application was Support Document, the 1.05 TPY parties interested in commenting on this developed to meet the requirements of emission reduction from the analyzer action should do so at this time. If no the ETPS. Therefore, the EPA has vent more than compensates for the such comments are received, the public evaluated the emissions trade against 0.016 TPY emission reduction that was is advised that this action will be the ETPS requirements. required from the three uncontrolled effective August 18, 1995. III. Analysis vacuum vents. Nothing in this action should be construed as permitting or allowing or C. Procedural Background The following items are the basis for establishing a precedent for any future approval of the Texas SIP revision. The CAA requires States to observe request for revision to any SIP. Each Please refer to the EPA’s Technical certain procedural requirements in request for revision to the SIP shall be Support Document and the Texas SIP developing implementation plans and considered separately in light of specific submittal for more detailed information. plan revisions for submission to the technical, economic, and environmental A. Valid Emission Reduction Credits EPA. Section 110(a)(2) of the CAA factors, and in relation to relevant provides that each implementation plan statutory and regulatory requirements. As required by the ETPS, to be valid submitted by a State must be adopted Under the Regulatory Flexibility Act, for trading purposes, an emission after reasonable notice and public 5 U.S.C. 600 et seq., the EPA must reduction must be surplus, enforceable, 1 hearing. Section 110(l) of the CAA prepare a regulatory flexibility analysis permanent, and quantifiable. The EPA similarly provides that each revision to assessing the impact of any proposed or believes the emission reduction from an implementation plan submitted by a final rule on small entities (5 U.S.C. 603 the analyzer vent meets these criteria. State under the CAA must be adopted and 604). Alternatively, the EPA may First, the emission reduction from the by such State after reasonable notice certify that the rule will not have a analyzer vent is surplus. The analyzer and public hearing. Public notice on the significant impact on a substantial vent is not subject to any State or proposed Shell bubble was published in number of small entities. Small entities Federal regulation. The emissions rate the Houston ozone nonattainment area include small businesses, small not-for- of 4.2 TPY is low enough to be exempt in accordance with the State of Texas’ profit enterprises, and government from the State’s vent gas rule. public notice requirements. The State Second, the emission reduction was entities with jurisdiction over held a public hearing on the proposed populations of less than 50,000. made enforceable through State Board regulations on March 9, 1993. The Shell Order number 93–11 which specifies SIP approvals under section 110 and bubble was adopted by the State on June subchapter I, part D, of the CAA do not the terms of the emissions trade. 18, 1993, and was submitted through Third, the emission reduction is create any new requirements, but the Governor to the EPA on July 26, simply approve requirements that the permanent since the flow through the 1993, as a proposed revision to the SIP. analyzer vent was physically reduced by State is already imposing. Therefore, changing the metering valves and IV. Final Action because the Federal SIP-approval does adding flow restrictors. not impose any new requirements, I In this action, the EPA is approving certify that it does not have a significant Finally, the emission reduction is the alternative emission reduction quantifiable. The annual emissions for impact on any small entities affected. (bubble) plan for the Shell Oil Moreover, due to the nature of the the analyzer vent were from the 1991 Company’s Deer Park Manufacturing Air Emissions Inventory Reportable Federal-State relationship under the Complex, which was adopted by the CAA, preparation of a regulatory Quantities based on information from TACB on June 18, 1993, in Board Order historical flow settings. The annual flexibility analysis would constitute 93–11, and submitted to the EPA by the federal inquiry into the economic emissions from the three vacuum vents Governor of Texas in a letter dated July were based on engineering estimates reasonableness of State action. The CAA 26, 1993. forbids the EPA to base its actions and measurements. The EPA is publishing this action Because the emission reduction from concerning SIPs on such grounds without prior proposal because the (Union Electric Co. v. U.S. E.P.A., 427 the analyzer vent is surplus, Agency views this as a noncontroversial enforceable, permanent, and U.S. 246, 256–66 (1976); 42 U.S.C. amendment and anticipates no adverse 7410(a)(2)). quantifiable, the EPA believes that the comments. However, in a separate Under section 307(b)(1) of the CAA, emission reduction associated with this document in this Federal Register petitions for judicial review of this bubble is valid for use as an ERC. publication, the EPA is proposing to action must be filed in the United States approve the SIP revision should adverse B. More Stringent Baseline and 20 Court of Appeals for the appropriate or critical comments be filed. Thus, this Percent Reduction Requirements circuit by August 18, 1995. Filing a action will be effective August 18, 1995 As discussed above, the ETPS also petition for reconsideration of this final unless, by July 19, 1995, adverse or requires more stringent baselines and an rule by the Administrator does not affect critical comments are received. additional 20 percent emission the finality of this rule for purposes of If the EPA receives such comments, reduction if the trade occurs in a judicial review; nor does it extend the this action will be withdrawn before the nonattainment area needing but lacking time within which a petition for judicial effective date by publishing a an approved attainment demonstration. review may be filed, or postpone the subsequent notice that will withdraw This trade occurs in the Houston- effectiveness of this action. This action the final action. All public comments Galveston severe ozone nonattainment may not be challenged later in received will then be addressed in a area, which does not currently have an proceedings to enforce its requirements subsequent final rule based on this approved attainment demonstration (see section 307(b)(2)). which is required under section 1 Also Section 172(c)(7) of the CAA requires that The Office of Management and Budget 182(c)(2)(A) of the CAA. This trade plan provisions for nonattainment areas meet the has exempted this action from review complies with the more stringent applicable provisions of Section 110(a)(2). under Executive Order 12866. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations 31917 List of Subjects in 40 CFR Part 52 40 CFR Parts 52 and 81 40 CFR Part 81 Air pollution control, Environmental Air pollution control, Hydrocarbons, [OH50±3±7070; FRL±5222±9] protection, National parks, Wilderness Incorporation by reference, Ozone, areas. Reporting and recordkeeping Approval and Promulgation of requirements, Volatile organic Implementation Plans and Designation Dated: June 7, 1995. compounds. of Areas for Air Quality Planning Valdas V. Adamkus, Purposes; Ohio Regional Administrator. Note: Incorporation by reference of the SIP Title 40 of the Code of Federal for the State of Texas was approved by the AGENCY: United States Environmental Regulations, Chapter I, Parts 52 and 81, Director of the Federal Register on July 1, Protection Agency. are amended as follows: 1982. ACTION: Final rule; withdrawal. Dated: February 9, 1995. PART 52ÐAPPROVAL AND PROMULGATION OF William B. Hathaway, SUMMARY: On May 2, 1995, the United States Environmental Protection Agency IMPLEMENTATION PLANS Acting Regional Administrator. (USEPA) published a proposed rule (60 1. The authority citation for part 52 40 CFR part 52 is amended as follows: FR 21490) and a direct final rule (60 FR continues to read as follows: 21456) approving a request by Ohio to Authority: 42 U.S.C. 7401–7671q. PART 52Ð[AMENDED] redesignate the Toledo ozone nonattainment area to attainment of the 2. The amendments to add National Ambient Air Quality Standard § 52.1870(c)(105) and § 52.1885(b)(5), 1. The authority citation for part 52 for ozone, and also approving the State’s published on May 2, 1995, at 60 FR continues to read as follows: maintenance plan for this area. Because 21463, are withdrawn. Authority: 42 U.S.C. 7401–7671q. comments adverse to the rulemaking 3. The amendment to revise were received, USEPA is withdrawing § 52.1885(b)(5) published on May 5, Subpart SSÐTexas the direct final rule. In a final rule. 1995, at 60 FR 22295, is withdrawn. USEPA will summarize and respond to the comments received and announce PART 81ÐDESIGNATION OF AREAS 2. Section 52.2270 is amended by FOR AIR QUALITY PLANNING adding paragraph (c)(95) to read as final rulemaking action on the redesignation request and maintenance PURPOSES follows: plan as revisions to Ohio’s State 4. The authority citation for part 81 § 52.2270 Identification of plan. Implementation Plan. The approval of continues to read as follows: the maintenance plan for the Toledo Authority: 42 U.S.C. 7401–7671q. * * * * * area was also included in the 5. The amendment to revise the entry (c) * * * codification in a direct final rule concerning the redesignation and in the ozone table in § 81.336, published (95) Alternative emission reduction maintenance plan approval for the on May 2, 1995, at 60 FR 21463, is (bubble) plan for the Shell Oil Dayton area, published on May 5, 1995, withdrawn. Company’s Deer Park manufacturing (60 FR 22289). That codification of the [FR Doc. 95–14850 Filed 6–16–95; 8:45 am] complex submitted to the EPA by the Toledo maintenance plan approval is BILLING CODE 6560±50±M Governor of Texas in a letter dated July also withdrawn. 26, 1993. EFFECTIVE DATE: June 19, 1995. 40 CFR Parts 61, 704, 710, 712, 762, (i) Incorporation by reference. ADDRESSES: Copies of the documents 763, 766, 790, 795, 796, 797, 798, and (A) TACB Order 93–11, as adopted by relevant to this action are available for 799] the TACB on June 18, 1993. public inspection during normal business hours at the following location: [OPPTS±00168; FRL±4955±2] (B) SIP narrative entitled, ‘‘Site- U.S. Environmental Protection Agency, Specific State Implementation Plan,’’ Region 5, Regulation Development Chemical Substances; Deletion of section IV.H.1.b., attachment (4), Branch, 77 West Jackson Boulevard, Certain Chemical Regulations; entitled, ‘‘Alternate Emission Reduction Chicago, Illinois 60604. Technical Amendments to the Code of Federal Regulations (‘‘Bubble’’) Plan Provisions for FOR FURTHER INFORMATION CONTACT: Uncontrolled Vacuum-Producing Vents, Angela Lee, Regulation Development AGENCY: Environmental Protection Shell Oil Company, Deer Park Section, Air Enforcement Branch (AE– Agency (EPA). Manufacturing Complex, HG–0659–W,’’ 17J), U.S. Environmental Protection ACTION: Final rule. adopted by the TACB on June 18, 1993. Agency, Region 5, 77 West Jackson (ii) Additional material. Boulevard, Chicago, Illinois 60604. SUMMARY: The Environmental Protection Telephone: (312) 353–5142. Agency (EPA) is removing several (A) SIP narrative entitled, ‘‘Site- provisions from the Code of Federal Specific State Implementation Plan,’’ List of Subjects Regulations (CFR) that pertain to the section IV.H.1.b., adopted by the TACB 40 CFR Part 52 Toxic Substances Control Act. These on June 18, 1993. provisions are being removed from the Air pollution control, Carbon CFR because they have no current legal (B) TACB certification letter dated monoxide, Environmental protection, effect. The removal of these provisions July 5, 1993, and signed by William R. Hydrocarbons, Nitrogen dioxide, Ozone, from the CFR and the technical changes Campbell, Executive Director, TACB. Reporting and record keeping that are being made are necessary to [FR Doc. 95–14852 Filed 6–16–95; 8:45 am] requirements, Volatile organic clarify the current status of the BILLING CODE 6560±50±P compounds. provisions for both the regulated 31918 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations community and the public. EPA is also that were initiated prior to June 19, 1995 requirements; requiring the submission removing the text of two reporting or which may be initiated in the future of information on a standard reporting forms, without making any substantive to redress violations of the rules that form; and establishing uniform changes in the reporting requirements. occurred when the rules were still reporting and recordkeeping provisions EFFECTIVE DATE: This final rule takes legally in effect. that supplement the reporting and effect on June 19, 1995. recordkeeping provisions in subpart A II. Good Cause Exemption from of part 704. CAIR provisions apply only FOR FURTHER INFORMATION CONTACT: Rulemaking Procedures Susan B. Hazen, Director, to those persons who manufacture, Environmental Assistance Division The Administrative Procedure Act import, or process a substance identified (7408), Office of Pollution Prevention (APA) generally requires agencies to in subpart D of part 704 during the time and Toxics, Environmental Protection provide prior notice and opportunity for period for which reporting is required. Agency, 401 M St., SW., Washington, public comment before issuing a final Subpart D of part 704 contains a matrix DC 20460, Telephone: (202) 554–1404, rule. 5 U.S.C. 553(b). Similarly, the APA that identifies the substances for which TDD: (202) 554–0551, e-mail address: generally requires at least 30 days after EPA requires reporting under subpart C, [email protected]. publication before a rule can become the persons who must report the effective. 5 U.S.C. 553(d). Rules are information to EPA, the information that SUPPLEMENTARY INFORMATION: exempt from this requirement if the must be reported, the coverage period I. Introduction issuing agency finds for good cause that (as that term is defined in § 704.203), On March 4, 1995, the President notice and comment or delayed and the effective date of the final rule. After the first use of the CAIR in 1989, directed all Federal agencies and effectiveness are unnecessary. 5 U.S.C. a lawsuit resulted in a stay of the departments to conduct a 553(b)(3)(B) and (d)(3). effectiveness of this regulation until comprehensive review of the regulations EPA has determined that providing EPA promulgates amendments. they administer and, by June 1, 1995, to prior notice and opportunity for Although amendments to this regulation identify those rules that are obsolete, comment on these changes to the CFR were proposed in 1993, the amendments not in effect, unduly burdensome, or is unnecessary. For the reasons discussed in Units I and III of this have not been finalized and EPA does amenable to streamlining and not anticipate taking action for some simplification. The Office of Prevention, preamble, a number of the rules are no longer legally in effect; thus, time as it reassesses its TSCA Pesticides and Toxic Substances has information needs. Given the current completed its initial page-by-page withdrawing them from the CFR has no legal impact and merely codifies the inactive status of this regulation, EPA review of the CFR provisions within its has decided to remove subparts C and purview--those issued under the Toxic current legal status of the rules. The associated technical amendments are D of part 704 from the CFR. The Substances Control Act (TSCA), the requirements of subpart C and D are not Federal Insecticide, Fungicide, and merely to correct cross-references to the rules that are being removed and related in effect and their presence in the CFR Rodenticide Act (FIFRA), and certain is confusing to the public and the sections of the Emergency Planning and reorganizations resulting from the removal of these regulations. In regulated community. At the time EPA Community Right-to-Know Act (EPCRA) decides to promulgate amendments to and the Federal Food, Drug and addition, other technical changes include the removal of the text of CAIR, EPA will repromulgate subparts C Cosmetic Act (FFDCA). Based on this and D, as appropriate. initial review, EPA will be amending or reporting forms, without making any eliminating several provisions in the substantive changes to the reporting B. Part 710 - Inventory Reporting CFR. This notice, which is one of requirements. For the same reasons, Regulations; Compilation of the several notices that are being issued at EPA believes there is good cause for Inventory making these changes to the CFR the same time, specifically involves the This part establishes regulations immediately effective. See 5 U.S.C. provisions associated with TSCA. Other governing reporting by certain persons 553(d). notices, appearing elsewhere in this who manufacture, import, or process Federal Register, involve provisions III. Regulations Being Eliminated chemical substances subject to TSCA for associated with FFDCA and FIFRA. commercial purposes. Subpart A of this The provisions that EPA is A. Part 704, Subparts C and D - regulation was issued pursuant to TSCA eliminating with this notice are not Reporting and Recordkeeping Section 8(b), which requires EPA to currently in effect because they have (1) Requirement; Comprehensive compile an inventory of chemical expired by their own terms or by the Assessment Information Rule (CAIR) substances manufactured or processed terms of the statute, (2) become obsolete Part 704 specifies the reporting and for a commercial purpose. Following an due to subsequent rulemakings, recordkeeping procedures under section initial reporting period, EPA was legislation, or policy decisions, or (3) 8(a) of TSCA for manufacturers, required to publish an initial inventory because they have been otherwise importers, and processors of chemical of chemical substances manufactured or identified as being unnecessary. Those substances and mixtures that are imported for commercial purposes, with provisions that are being amended with identified in subpart B or D of part 704. revised inventories published after this notice reflect minor technical The reporting and recordkeeping supplemental reporting periods. changes that are necessary as a result of provisions in subpart A of part 704apply Subpart A mandated the reporting the elimination of the provisions, are throughout this part unless revised in which was used to create the initial otherwise nonsubstantive corrections any other subpart. Subpart C of part 704 inventory. By the terms of the regulation that are necessary, or involve the sets out the general reporting provisions itself, the initial reporting period closed removal of the text of reporting forms for the Comprehensive Assessment in 1979, meriting the deletion of subpart without substantive changes to the Information Rule (CAIR). CAIR was A from the CFR. Nevertheless, some reporting requirements. intended to standardize certain section provisions of subpart A are referenced The removal of these provisions from 8(a) rules by: providing a set of uniform in the Inventory Update Rule of subpart the CFR is not intended to affect the questions for EPA and other agencies to B, and are extensively used in other status of any civil or criminal actions use in assembling specific reporting TSCA regulatory contexts. For this Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations 31919 reason, only the provisions associated E. Part 763, Subpart D - Asbestos; The rule requires local education with the initial reporting period in Reporting Commercial and Industrial agencies to provide warnings on the subpart A are being removed. In Uses of Asbestos health effects of asbestos and addition, the headings for both subparts This rule required reporting by instructions on methods to avoid or A and B are being removed so that part persons who manufacture, import, or reduce exposure to school employees of 710 no longer has any subpart process asbestos. Different reporting any school with friable asbestos- designations. Cooresponding references requirements were imposed depending containing material and to notify parent- are also being corrected where on the person’s activity. Manufacturers, teachers associations of the results of necessary. importers and processors of commercial inspections. The rule also includes C. Part 712, Subpart B - Chemical and industrial asbestos fiber were recordkeeping requirements. Information Rules; Manufacturers required to report quantity, use, and This regulation was superseded by the Reporting - Preliminary Assessment exposure information. Importers of 1987 Asbestos in School Rule at 40 CFR Information mixtures and articles containing part 763, subpart E, which implemented asbestos and processors of asbestos the Asbestos Hazard Emergency This part establishes procedures for mixtures were required to report to EPA Response Act (AHERA), and is therefore chemical manufacturers and processors in two phases. They initially had to no longer in effect. However, appendix to report production, use, and exposure- report limited information about A to subpart F, which provides EPA’s related information on listed chemical processing or importation, and some regulatory method for analysis of substances. Subpart A establishes were required to subsequently report building materials samples for the requirements that apply to all reporting additional information if they were under this part. Subpart B covers selected as respondents in a sample presence of asbestos, is cited by the manufacturers’ and processors’ survey. AHERA rule as well as the Asbestos reporting. Section 712.28 requires This regulation includes a sunset National Emission Standards Hazardous manufacturers and importers subject to provision at § 763.78, which specifies Air Pollutants (NESHAP) rule in 40 CFR this subpart to submit a single EPA that all the requirements of this rule part 61, subpart M.As such, although Form No. 7710–35, ‘‘Manufacturer’s terminate 5 years after promulgation. the subpart is no longer in effect and Report-Preliminary Assessment Accordingly, this regulation sunsetted may be eliminated, appendix A is still Information,’’ for each plant site in 1987 and is now obsolete. in use and must be retained. To retain appendix A, EPA is moving appendix A manufacturing or importing a chemical F. Part 763, Subpart E - Asbestos; of subpart F to subpart E (the AHERA substance listed in § 712.30. The Asbestos-Containing Materials in Rule), as a new appendix E. instructions and a facsimile of the form Schools (AHERA Rule) appear in § 712.28(d). Corresponding changes are also being At one of the OPPTS ‘‘Regulatory EPA is removing the instructions and made for the citations to appendix A in Review Stakeholders’ Meeting’’ in April both the AHERA and NESHAP rules. facsimile of EPA Form No. 7710–35, 1995, a commenter indicated that the entitled Manufacturer’s Report- OPPTS preliminary report missed two H. Part 766 - Dibenzo-para-dioxins/ Preliminary Assessment Information sections of the AHERA rule that have Dibenzofurans from § 712.28(d). In addition, EPA is been superseded. Specifically, the removing § 712.30(d)-(v) and each commenter pointed out that 40 CFR This part identifies requirements for chemical listed in § 712.30(w) and (x) 763.90(i)(4) gives the requirement for testing under TSCA section 4 to with a reporting date pre-1990. To completion of a response action by TEM ascertain whether certain specified accommodate these changes, EPA is also sampling. However, the rule allowed for chemical substances may be deleting the reference to subpart C a gradual phasing in of TEM and a contaminated with halogenated which appears in the title for § 712.7; phasing out of PCM in § 763.90(i)(6) and dibenzodioxins (HDDs)/dibenzofurans deleting the reference to subpart C in (7). As the commenter correctly noted, (HDFs) as defined in § 766.3, and § 712.1(a) and § 712.7; is amending § 763.90(i)(6) and (7) have now expired, requirements for reporting results under § 712.28(d) to delete and substitute and are superseded by § 763.90(i)(4). TSCA section 8. This regulation is still language similar to § 704.216 with new EPA is therefore removing in effect, and EPA continues to receive mail code; and is redesignating § 763.90(i)(6) and (7), removing the a few reports each year. EPA is deleting § 712.30(w) and (x) as paragraphs (d) citations to these sections which appear the Dioxin/Furan Reporting form (EPA and (e), respectively. in § 763.90(i)(3), (4) and (8), and will 7710–51) from 40 CFR 766.35(d). The D. Part 762 - Fully Halogenated redesignate § 763.90(i)(8) as form is easily available from EPA. Chlorofluoroalkanes § 763.90(i)(6). I. Parts 795 through 798 - TSCA Testing This part prohibits the manufacture, G. Part 763, Subpart F - Asbestos; Guidelines processing, and distribution in Friable Asbestos-Containing Materials commerce of fully halogenated in Schools TSCA Section 4(b)(1) specifies that chlorofluoroalkanes for those aerosol This rule requires local education test rules shall include standards for the propellant uses which are subject to agencies to identify friable asbestos- development of test data. Certain test TSCA, requires submission of annual containing material in public and guidelines, which become test standards reports, and lists the exemptions to the private schools by visually inspecting when promulgated in individual section prohibitions. This prohibition has school buildings for friable materials, 4 test rules, are currently published in become obsolete because it has been sampling such materials, and having parts 795-798 of the CFR. Codification superseded by a subsequent ban of CFC samples analyzed by appropriate of these test guidelines alone does not propellants under the Clean Air Act techniques referred to in the rule. In impose any regulatory obligation. This section 610 and implementing addition, the rule requires local final rule deletes from the CFR those regulations at 40 CFR 82.64(c) and education agencies to post a notice of test guidelines that are not currently 82.66(d). the results of inspections and analyses. cited as test standards in any test rules. 31920 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations J. Part 799 - Chemical Specific Test table at § 799.18, identifies the end of (1) Laboratories, Mercury, Occupational Rules the period during which TSCA section safety and health, Radionuclides, Part 799 identifies the chemical 4 test rule reporting requirements apply Radon, Reporting and recordkeeping substances, mixtures, and categories of under the particular test rule (e.g., requirements, School, Vinyl chloride. substances and mixtures for which data submission of exemption requests, Dated: June 14, 1995. are to be developed, specifies the notices of intent to conduct testing), and Lynn R. Goldman, persons required to test, specifies the (2) the reimbursement period during test substances in each case, prescribes which certain persons are subject to an Assistant Administrator for Prevention, the tests that are to be conducted, obligation to reimburse test sponsors for Pesticides and Toxic Substances. their share of the costs (calculated using including test standards, and provides Therefore, title 40 of the Code of market share and other bases during the deadlines for the submission of reports Federal Regulations, chapter I, is reimbursement period) associated with and data to EPA. For several of the amended as follows: testing these chemicals (see 40 CFR part substances subject to testing under part 791). 1. In part 61: 799, EPA has determined that the EPA intends to update the table at PART 61Ð[AMENDED] testing reimbursement period (as § 799.18 on a periodic basis. defined under 40 CFR 790.3 and 791.3) has terminated (sunset). This final rule IV. Rulemaking Record a. The authority citation for part 61 continues to read as follows: removes from the CFR test rules and EPA has established a record for this testing consent order listings under part rulemaking (docket control number Authority: Secs. 101, 112, 114, 116, 301, 799 on substances for which the testing OPPTS–00168. A public version of the Clean Air Act as amended (42 U.S.C. 7401, 7412, 7414, 7416, 7601). reimbursement periods have sunset. record, without any confidential For a given test rule, the business information is available in the § 61.141 [Amended] reimbursement period is defined in TSCA Public Docket Office from 12 TSCA section 4 and the associated noon to 4 p.m., Monday through Friday, b. Section 61.141 is amended by regulations as the later of (1) the date 5 except legal holidays. The TSCA Public replacing ‘‘appendix A, subpart F,’’ with years after the date the data are Docket Office is located in Rm. NEB– ‘‘appendix E, subpart E,’’ in each of the submitted in accordance with the rule 607, 401 M St., SW., Washington, DC. following five definitions: ‘‘Category I and (2) the period that begins on the non-friable asbestos- containing material date the data are submitted and equal to V. Analyses under E.O. 12866, the (ACM);’’ ‘‘Category II nonfriable ACM’’; the time period that EPA determines Unfunded Mandates Reform Act of ‘‘Friable asbestos material’’; ‘‘Nonfriable was necessary to develop such data. 1995, the Regulatory Flexibility Act and asbestos-containing material’’; and Generally, the reimbursement period is the Paperwork Reduction Act ‘‘Resilient floor covering’’. 5 years from the date of submission of Because the withdrawal of these rules the data because EPA has not required from the CFR merely reflects their § 61.146 [Amended] any tests that take more than 5 years to current legal status, this action is not a c. In § 61.146, paragraphs (a) and b are develop data from the time data ‘‘significant’’ regulatory action within amended by replacing ‘‘appendix A, development begins. For all the test the meaning of Executive Order 12866 subpart F,’’ with ‘‘appendix E, subpart rules affected by today’s action, EPA has (58 FR 51735, October 4, 1993), and E,’’. determined that the period required for does not impose any Federal mandate developing the data is less than or equal on State, local or tribal governments or § 61.156 [Amended] to 5 years (by using the dates for the private sector within the meaning of d. In § 61.156, Table 1 is amended by submission of data contained in the the Unfunded Mandates Reform Act of replacing in the ‘‘CFR citation’’ column rules); thus the reimbursement period 1995 (Pub. L. 104–4). For the same ‘‘40 CFR 763, Subpart E, F’’ with ‘‘40 ends 5 years after submission of the reasons, pursuant to the Regulatory CFR part 763, subpart E’’. data. For all of the rules being deleted Flexibility Act (5 U.S.C. 605(b)), it has today, over 5 years have passed since been determined that this action would Appendix A to Subpart M [Amended] the last test data were submitted under not have a significant economic impact e. In subpart M, appendix A, section that rule. on a substantial number of small I.1.1. is amended by replacing Section 4 test rules trigger export entities. In addition, because these rules ‘‘appendix A, subpart F,’’ with notification under TSCA section 12(b) are not currently in effect or are being ‘‘appendix E, subpart E,’’. (see 40 CFR part 707, subpart D). The eliminated, their deletion from the CFR 2. In part 704: period during which the export does not affect requirements under the notification requirements apply for a Paperwork Reduction Act, 44 U.S.C. PART 704Ð[AMENDED] particular chemical substance or 3501. mixture subject to a section 4 test rule a. The authority citation for part 704 ends when the reimbursement period List of Subjects in 40 CFR Parts 61, 704, continues to read as follows: ends. Thus, the obligation to submit 710, and 762, 763, 766, 795, 796, 797, Authority: 15 U.S.C. 2607(a). section 12(b) export notices for the 798 and 799 § 704.1 [Amended] substances and mixtures subject to the Administrative practice and test rules being deleted today has also procedure, Air pollution control, b. Section 704.1 is amended in terminated. Arsenic, Asbestos, Benzene, Beryllium, paragraph (a), in the first sentence, by Additionally, this rule adds § 799.18; Chemicals, Confidential business removing the words ‘‘or D,’’ and by this new section lists in a table, information, Dibenzo-para-dioxins, removing paragraphs (c) and (d). substances and mixtures that are the Dibenzofurans, Environmental subjects of test rules and/or consent protection, Fully halogenated § 704.104 [Amended] orders for which the testing chlorofluoroalkanes, Hazardous c. Section 704.104(c)(3) is amended reimbursement period has sunset. substances, Health, imports, by removing the phrase ‘‘, as required by ‘‘Sunset date,’’ as the term is used in the Intergovernmental relations, Labeling, § 712.30(d) of this chapter.’’ Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations 31921 Subparts C and D [Removed] § 710.2 Definitions. § 712.28 Form and instructions. d. Subparts C and D, consisting of In addition to the definitions in * * * * * § 704.3 of this chapter, the following § 704.200 through 704.225 are removed. (d) Form 7710–35,Manufacturer’s definitions also apply to this part: 3. In part 710: Report--Preliminary Assessment * * * * * PART 710Ð[AMENDED] Information or PAIR form and § 710.3, 710.5, through 710.8 instructions may be obtained by a. The authority citation for part 710 [Removed] telephoning or writing the continues to read as follows: e. By removing § 710.3, and 710.5 Environmental Assistance Division. The Authority: 15 U.S.C. 2607(a). through 710.8 . telephone number and the address of the Environmental Assistance Division Subparts A and B Headings [Removed] § 710.23 [Redesignated and Removed] is: Phone Number (202) 554–1404, TDD b. By removing the subpart A and B f. In § 710.23, by redesignating (202) 554–0551. Address: headings. paragraphs (a), (b), and (c) as § 710.2 Environmental Assistance Division c. In § 710.1, by revising paragraphs (dd), (ee), and (ff), respectively, and by (7406), Office of Pollution Prevention (a) and (c) to read as follows: removing the remainder of § 710.23. and Toxics, Environmental Protection § 710.1 Scope and compliance. Agency, 401 M St., SW., Washington, § 710.32 [Amended] (a) This part establishes regulations DC 20460. g. In § 710.32 introductory text, governing reporting by certain persons e. Section 712.30 is amended in who manufacture, import, or process change the phrase ‘‘this subpart’’ to read ‘‘this part’’. paragraph (c) by changing the chemical substances for commercial parenthetical ‘‘(TS-790), Rm. L-100,’’ to purposes under section 8(a) of the Toxic § 710.35 [Amended] read ‘‘(7409)’’, by removing paragraphs Substances Control Act (15 U.S.C. h. In § 710.35 change the phrase ‘‘this (d) through (v), by redesignating 2607(a)). Section 8(a) authorizes the paragraphs (w) and (x) as paragraphs (d) Administrator to require reporting of subpart’’ to read ‘‘this part’’, each time and (e) and revising newly designated information necessary for the phrase appears. paragraph (d) to read as follows: administration of the Act and requires § 710.37 [Amended] EPA to issue regulations for the purpose i. In § 710.37, in the first sentence, § 712.30 Chemical lists and reporting of compiling an inventory of chemical periods. substances manufactured or processed change the phrase ‘‘this subpart’’ to read * * * * * for a commercial purpose, as required ‘‘this part’’. (d) Manufacturers and importers of by section 8(b) of the Act. Following an § 710.38 [Amended] initial reporting period, EPA published the substances listed below must submit an initial inventory of chemical j. In § 710.38 (a), (b), (c)(1)(i), and (d), a Preliminary Assessment Information substances manufactured, processed or change the phrase ‘‘this subpart’’ to read Manufacturer’s Report for each site at imported for commercial purposes. In ‘‘this part’’, each time the phrase which they manufacture or import each accordance with section 8(b), EPA appears. 4. In part 712: substance by the reporting date shown periodically amends the inventory to in the table below. The substances are include new chemical substances which PART 712Ð[AMENDED] listed in Chemical Abstracts Service are manufactured or imported for a Registry Number order. Typically EPA commercial purpose and reported under a. The authority citation for part 712 lists the trivial or common name first, section 5(a)(1) of the Act. EPA also continues to read as follows: then, following the symbol ‘‘- -’’, EPA revises the categories of chemical Authority: 15 U.S.C. 2607(a). lists the substance by its TSCA substances and makes other Chemical Substance Inventory name. amendments as appropriate. § 712.1 [Amended] Whenever EPA lists a single name, the * * * * * b. In § 712.1(a) by revising the phrase name may be either the TSCA Chemical (c) Each person who reports under ‘‘Subparts B and C, respectively, cover’’ Substance Inventory name, a trivial these regulations shall maintain records to read ‘‘Subpart B covers’’. name, or a common name. Generally, that document information reported under these regulations and, in § 712.7 [Amended] when a single name is listed, it is the accordance with the Act, permit access c. In § 712.7, the first sentence, by TSCA Chemical Substances Inventory to, and the copying of, such records by revising the phrase ‘‘Subparts B and C’’ name. EPA officials. to read ‘‘subpart B’’. d. In § 710.2 by revising the d. In § 712.28, paragraph (d) is revised introductory text to read as follows: to read as follows: Effective Reporting CAS No. Substance date date 90-30-2 N-Phenyl-1-naphthylamine ...... 9/30/91 11/27/91 100-40-3 4-Vinylcyclohexene ...... 1/11/90 3/12/90 108-95-5 Thiophenol ...... 1/26/94 3/28/94 118-79-6 2,4,6-tribromophenol ...... 1/11/90 3/12/90 143-33-9 Sodium cyanide ...... 10/29/90 12/27/90 632-79-1 Tetrabromophthalic anhydride ...... 1/11/90 3/12/90 637-92-3 Ethyl tert-butyl ether ...... 12/28/94 2/27/95 994-05-8 Tert-amyl methyl ether ...... 12/28/94 2/27/95 1163-19-5 Decabromodiphenyl ether ...... 1/11/90 3/12/90 3194-55-6 Hexabromocyclododecane ...... 1/11/90 3/12/90 3296-90-0 Dibromoneopentyl glycol ...... 1/11/90 3/12/90 31922 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations Effective Reporting CAS No. Substance date date 12185-10-3 White phosphorus ...... 1/26/94 3/28/94 32534-81-9 Pentabromodiphenyl ether ...... 1/11/90 3/12/90 32536-52-0 Octabromodiphenyl ether ...... 1/11/90 3/12/90 32588-76-4 Ethylene Bis-(tetrabromophthalimide) ...... 1/11/90 3/12/90 37853-59-1 1,2-Bis(tribromophenoxy) ethane ...... 1/11/90 3/12/90 41291-34-3 Ethylene(5,6-dibromonorbornane-2,3-dicarboximide) ...... 1/11/90 3/12/90 52907-07-0 Ethylene bis(5,6-dibromonorbornane-2,3-dicarboximide) ...... 1/26/94 3/28/94 57137-10-7 Tribrominated polystyrene ...... 1/11/90 3/12/90 61262-53-1 Ethylene bis(pentabromophenoxide) ...... 1/11/90 3/12/90 * * * * * § 763.100 through 763.119 and by § 766.35(d)) for each chemical product. reserving the subpart F designation. A separate form EPA 7910-51 must’’ to PART 762Ð[REMOVED] 7. In part 766: ‘‘Part II of EPA Form 7710-51 for each chemical product. A separate EPA Form 5. By removing part 762. PART 766Ð[AMENDED] 6. In part 763: 7710-51 must’’, and by removing the a. The authority citation for part 766 parenthetical text at the end of the PART 763Ð[AMENDED] continues to read as follows: section. a.The authority citation for part 763 is Authority: 15 U.S.C. 2603 and 2607. 8. In part 790: revised to read as follows: § 766.7 [Amended] PART 790Ð[AMENDED] Authority: 15 U.S.C. 2605, 2607(c), 2643, b. In § 766.7, by changing ‘‘Document and 2646 Control Office (TS- 790), Office of a. The authority citation for part 790 Prevention, Pesticides and Toxic continues to read as follows: Subpart D [Removed and Reserved] Authority: 15 U.S.C. 2603. b. By removing and reserving subpart Substances, Environmental Protection D, consisting of § 763.60 through 763.78. Agency, 401 M St., SW., Washington, § 790.5 [Amended] DC 20460’’ to read ‘‘Document Control § 763.87 [Amended] Office, (7407), Information Management b. Section 790.5(a) is amended by removing the phrase ‘‘e.g., § 799.4400 c. Section 763.87(b) is amended by Division, Office of Polution Prevention 1,1,1-Trichloroethane,’’. changing the phrase ‘‘Appendix A to and Toxics, Environmental Protection subpart F in 40 CFR Part 763,’’ to read Agency, 401 M Street, SW., Washington, 9. In part 795: ‘‘appendix E to subpart E of this part.’’ DC 20460 , ATTN: Dioxin/Furan Report. PART 795Ð[AMENDED] § 763.90 [Amended] § 766.12 [Amended] a. The authority citation for part 795 d. Section 763.90 is amended, in c. In § 766.12, by changing ‘‘(TS-799)’’ continues to read as follows: paragraph (i)(3) by changing the phrase to ‘‘(7408)’’, removing ‘‘(800–424– ‘‘paragraphs (i)(4), (5), (6), or (7) ’’ to 9065)’’ and ‘‘OPPTS,’’ by changing ‘‘NE- Authority: 15 U.S.C. 2603. read ‘‘paragraphs (i)(4), and (i)(5),’’ in G004’’ to ‘‘NEB-607’’, and by changing ‘‘8 a.m.’’to ‘‘12 noon’’. §§ 795.45, 795.54, 795.223, 795.230, 795.235, paragraph (i)(4), last sentence, by 795.260, 795.285 [Removed] changing the phrase ‘‘paragraph (i)(3), d. In § 766.35, by revising paragraph (5), (6), or (7),’’ to read ‘‘paragraph (i)(3) (c)(1)(i), in paragraph (c)(2), the first b. By removing §§ 795.45, 795.54, or (i)(5),’’ by removing paragraphs (i)(6) sentence, by changing ‘‘EPA Form 795.223, 795.230, 795.235, 795.260, and (i)(7), by redesignating paragraph 7910–51 (appearing in § 766.35(d)’’ to 795.285. (i)(8) as paragraph (i)(6), and by ‘‘EPA Form 7710–51’’, and by removing 10. In part 796: changing the phrase ‘‘paragraphs (i)(5), and reserving paragraph (d), to read as (6), and (7),’’ to read ‘‘paragraph (i)(5),’’ follows PART 796Ð[AMENDED] each time this phrase appears. § 766.35 Reporting requirements. a. The authority citation for part 796 Subpart E, Appendix C [Amended] * * * * * continues to read as follows: (c) * * * e. In Subpart E, Appendix C, section Authority: 15 U.S.C. 2603. I.B.3.(l) ‘‘Regulatory review,’’ revise the (1) (i) A completed form (EPA 7710-51) phrase ‘‘the Friable Asbestos in Schools §§ 796.1220, 796.1370, 796.1520, 796.1550, for that chemical substance. The form 796.1570, 796.1720, 796.1840, 796.1860, Rule (40 CFR Part 763, Subpart F)’’ to and instructions are available from the 796.2700, 796.3140, 796.3180, 796.3200, read ‘‘the Asbestos-Containing Materials Environmental Assistance Division 796.3220, 796.3240, 796.3260, 796.3300, in Schools Rule (40 CFR Part 763, (7408), Office of Pollution Prevention 796.3340, 796.3360, 796.3400, 796.3480, Subpart E)’’. and Toxics, Environmental Protection 796.3700, 796.3780, and 796.3800 [Removed] Appendix A to Subpart F Agency, 401 M St., SW., Washington, [Redesignated] DC, 20460. One form must be submitted b. By removing §§ 796.1220, 796.1370, f. In subpart F, by redesignating for each chemical substance for which 796.1520, 796.1550, 796.1570, 796.1720, ‘‘Appendix A to Subpart F’’ as a positive test result has been submitted. 796.1840, 796.1860, 796.2700, 796.3140, ‘‘Appendix E to Subpart E.’’ * * * * * 796.3180, 796.3200, 796.3220, 796.3240, 796.3260, 796.3300, 796.3340, 796.3360, Subpart F [Removed and Reserved] § 766.38 [Amended] 796.3400, 796.3480, 796.3700, 796.3780, g. By removing the remainder of e. In § 766.38(c), by changing ‘‘Part II and 796.3800. subpart F to part 763, consisting of of form EPA 7910-51 (appearing at 11. In part 797: Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations 31923 PART 797Ð[AMENDED] §§ 798.2675, 798.4420, 798.4470, 798.4500, of section 4 testing actions and for 798.5100, 798.5140, 798.5250, 798.5550, which the testing reimbursement period a. The authority citation for part 797 798.5575, 798.5900, 798.5915, 798.6450, has terminated (sunset). The Federal continues to read as follows: 798.6540, and 798.6850 [Removed] Register citation in the table is for the c. By removing §§ 798.2675, 798.4420, Authority: 15 U.S.C. 2603. final rule/consent order that includes 798.4470, 798.4500, 798.5100, 798.5140, the particular substance for which the §§ 797.1060, 797.1075, 797.1160, 797.1350, 798.5250, 798.5550, 798.5575, 798.5900, 797.1440, 797.1520, 797.1560, 797.1800, 798.5915, 798.6450, 798.6540, and sunset date listed in the table below 797.1830, and 797.1970 [Removed] 798.6850. applies. Section 12(b) export b. By removing §§ 797.1060, 797.1075, notification is no longer required for 797.1160, 797.1350, 797.1440, 797.1520, Subpart H [Removed] these substances and mixtures. 797.1560, 797.1800, 797.1830, and d. By removing subpart H, consisting Substances that are the subjects of two 797.1970. of § 798.7100. or more section 4 testing actions may 13. In part 799: Subpart C [Removed] have section 4 reimbursement or section 12(b) export notification requirements c. By removing subpart C, consisting PART 799Ð[AMENDED] that have not sunset; see subparts B, C, of §§ 797.2050, 797.2130, 797.2150, 797.2175, 797.2750, 797.2800, and a. The authority citation for part 799 and D of this part to determine if certain 797.2850. continues to read as follows: other section 4 testing requirements 12. In part 798: Authority: 15 U.S.C. 2603, 2611, 2625. apply. Additionally, section 12(b) b.Section 799.5 is amended by export notification may also be triggered PART 798Ð[AMENDED] removing the parenthetical text ‘‘(e.g. by proposed or final action under TSCA a. The authority citation for part 798 § 799.4400 for 1,1,1-Trichloroethane)’’. section 5, 6, or 7 (in addition to final c. Section 799.18 is added to subpart continues to read as follows: actions under section 4); see 40 CFR A to read as follows: part 707, subpart D for further Authority: 15 U.S.C. 2603. § 799.18 Chemicals subject of test rules or information regarding the TSCA section Subpart B [Removed and Reserved] consent orders for which the testing 12(b) export notification requirements. b. By removing subpart B, consisting reimbursement period has passed. of §§ 798.1100, 798.1150, and 798.1175 The following table lists substances and designating subpart B as reserved. and mixtures that have been the subjects CAS No. Chemical Name FR cite Sunset dates C-9 Aromatic Hydrocarbon Fraction1 50 FR 20662, 5/17/85 Aug 13, 1994 62±53±3 Aniline 53 FR 31804, 8/19/88 July 27, 1994 71±55±6 1,1,1-Trichloroethane 49 FR 39810, 10/10/84 June 29, 1992 75±56±9 Propylene oxide 50 FR 48762, 11/27/85 Dec,21, 1992 78±87±5 1,2-Dichloropropane 52 FR 37138, 10/5/87 April 17, 1995 79±94±7 Tetrabromobisphenol-A 52 FR 25219, 7/6/87 Aug 24, 1994 80±05±7 Bisphenol A 51 FR 33047, 9/18/86 April 6, 1993 84±65±1 Anthraquinone 52 FR 21018, 6/4/87 Aug 21,1994 87±61±6 1,2,3-trichlorobenzene 51 FR 11728,4/7/86 Nov 13, 1993 88±74±4 2-nitroaniline 53 FR 31804, 8/19/88 Sept 19, 1994 92±52±4 1,1-Biphenyl 50 FR 37182, 9/12/85 March 15,1994 95±48±7 Ortho-cresols AKA 2-methylphenol 51 FR 15771, 4/28/86 Dec. 6, 1994 95±50±1 1,2-dichlorobenzene 51 FR 24657, 7/8/86 April 27, 1994 95±51±2 2-chloroaniline 53 FR 31804, 8/19/88 Sept 6, 1994 95±76±1 3,4-dichloroaniline 53 FR 31804, 8/19/88 Oct 2, 1994 95±94±3 1,2,4,5-tetrachlorobenzene 51 FR 24657,7/8/86 April 27, 1994 97±02±9 2,4-dinitroaniline 53 FR 31804, 8/19/88 Oct 19, 1993 98±82±8 Cumene 53 FR 28195, 7/27/88 March 11, 1995 99±30±9 2,6-dichloro-4-nitroaniline 53 FR 31804, 8/19/88 Aug 6, 1994 100±01±6 4-nitroaniline 53 FR 31804, 8/19/88 Sept 19, 1994 106±44±5 Para-cresols AKA 4-methylphenol 51 FR 15771, 4/28/86 Dec. 6, 1994 106±46±7 1,4-dichlorobenzene 51 FR 24657, 7/8/86 Jan 22, 1994 106±47±8 4-chloroaniline 53 FR 31804, 8/19/88 Oct 19, 1993 108±39±4 Meta-cresols AKA 3-methylphenol 51 FR 15771, 4/28/86 Dec. 6, 1994 108±90±7 Monochlorobenzene 51 FR 24657, 7/8/86 Nov 13, 1991 112±90±3 Oleylamine 52 FR 31962, 8/24/87 Nov 28, 1994 116±14±3 Tetrafluoroethene 52 FR 21516, 6/8/87 May 19, 1993 31924 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations CAS No. Chemical Name FR cite Sunset dates 116±15±4 Hexafluoropropene 52 FR 21516, 6/8/87 Jan 22, 1994 123±31±9 Hydroquinone 50 FR 53145, 12/30/85 Dec. 11, 1994 149±57±5 2-Ethylhexanoic Acid 51 FR 40318, 11/6/86 June 19, 1993 328±84±7 3,4-Dichlorobenzotrifluoride 52 FR 23547, 6/23/87 Dec. 5, 1993 25550±98±5 Diisodecyl Phenyl Phosphite 54 FR 8112, 2/24/89 May 21, 1995 1 Only substances obtained from the reforming of crude petroleum. §§ 799.500, 799.925, 799.940, 799.1051, authority to grant waivers to allow ‘‘good cause.’’ We conclude that Section 799.1052, 799.1054, 799.1250, 799.1285, telephone companies to provide video 613(b)(4) authorizes us to grant waivers 799.1550, 799.1650, 799.2175, 799.2200, programming in their telephone service to allow telephone companies to 799.3175, 799.3450, 799.4000, 799.4400 areas on video dialtone networks. The provide video programming directly to [Removed] Commission further concluded that subscribers in their telephone service d. Sections 799.500, 799.925, 799.940, waiving the restriction in that manner is areas under certain conditions. In 799.1051, 799.1052, 799.1054, 799.1250, fully consistent with the language of the particular, in response to decisions of 799.1285, 799.1550, 799.1650, 799.2175, statute and Section 613(b)’s underlying the Fourth and Ninth Circuits, we 799.2200, 799.3175, 799.3450, 799.4000, policy, and obviates the constitutional conclude that under Section 613(b)(4) and 799.4400 are removed. infirmities identified by the court of we have the legal authority to grant appeals. This order is intended to waivers allowing telephone companies § 799.5000 [Amended] provide guidance to the public to provide video programming in their e. Section 799.5000 is amended by regarding the Commission’s legal telephone service areas on video removing from the table the complete authority to grant waivers of the cable- dialtone networks. We adopt that entries for the following substances and/ telco cross-ownership rule to telephone construction of the waiver provision or mixtures: Aniline, 2-nitroaniline, 2- companies seeking to provide video because it is fully consistent with the chloroaniline, 3,4-dichloroaniline, 2,4- programming directly to subscribers in language of the statute and Section dinitroaniline, 2,6-dicloro-4- their telephone service areas. 613(b)’s underlying policy, and because nitroaniline, 4-nitroaniline, 4- EFFECTIVE DATE: June 19, 1995. waiving the restriction in that manner obviates the constitutional infirmities chloroaniline, 3,4- FOR FURTHER INFORMATION CONTACT: dichlorobenzotrifluoride, and diisodecyl identified by the courts of appeals. Aliza Katz, Office of General Counsel, 2. Background and Summary. Section phenyl phosphite. (202) 418–1720. 613(b), the ‘‘cable-telco cross-ownership [FR Doc. 95–14910 Filed 6–16–95; 8:45 am] SUPPLEMENTARY INFORMATION: A rule,’’ prohibits a telephone company BILLING CODE 6560±50±F summary of the Commission’s Third from operating a cable system where it Report and Order (TR&O), adopted May has a monopoly on local telephone 16, 1995 and released May 16, 1995, is service. Although Section 613(b) does FEDERAL COMMUNICATIONS set forth below. The full text of this not bar a telephone company from COMMISSION document is available for inspection acting as a conduit to carry video and copying during normal business programming selected and provided by 47 CFR Part 63 hours in the Administrative Law an unaffiliated party, it does generally Division, Office of General Counsel bar a telephone company from selecting [CC Docket No. 87±266; FCC 95±203] (Room 616), 1919 M Street NW., (or ‘‘exerting editorial control over’’) Cross-Ownership Rules Washington, DC. The full text may also and providing the video programming be purchased from the Commission’s carried over its wires in its local service AGENCY: Federal Communications copy contractor, International area. Two counts of appeals, the Fourth Commission. Transcription Services, Inc. (ITS), 2100 and Ninth Circuits, have recently held ACTION: Final rule. M Street NW., Suite 140, Washington, Section 613(b) unconstitutional because DC 20037. it prohibits telephone companies from SUMMARY: The Commission has voted to choosing the video programming to be Summary of Third Report and Order adopt the tentative conclusion regarding provided in their local exchange the Commission’s legal authority to Introduction. In this Third Report and telephone service areas altogether. See grant waivers to telephone companies Order, we adopt the tentative US West, Inc. v. United States, 48 F.3d allowing them to provide video conclusion set forth in the Fourth 1092 (9th Cir. 1995) (US West); programming directly to subscribers in Further Notice of Proposed Rulemaking Chesapeake and Potomac Tel. Co. v. their telephone service areas. For ‘‘good (‘‘Fourth FNPRM’’), 60 FR 8996, United States, 42 F.3d 181 (4th Cir. cause’’ the Commission may waive February 16, 1995, in the above 1994) (C&P). In so holding, both courts Section 613(b) of the Communications captioned docket regarding the referred to the Commission’s 1992 Act, the cable-telco cross-ownership Commission’s legal authority to waive recommendation to Congress is our restriction, where a waiver is ‘‘justified Section 613(b) of the Communications video dialtone docket, a proposal that by the particular circumstances.’’ In Act, 47 U.S.C. § 533(b). Section 613(b) the Ninth Circuit described in US West response to the decisions of the Fourth generally prohibits telephone as a ‘‘more speech-friendly plan’’ than and Ninth Circuits which found Section companies from providing ‘‘video the absolute ban contained in the 613(b) unconstitutional on First programming directly to subscribers in statute. Under the Commission’s Amendment grounds, the Commission the[ir] telephone service area.’’ legislative recommendations, as concluded that under Section 613(b)(4), However, the statute expressly described by the Fourth Circuit in C&P, the waiver provision, it has the legal authorizes us to waive the restriction for ‘‘telephone companies’ editorial control Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations 31925 over video programming [would be 6. Discussion. In the Fourth FNPRM, to adopt the cross-ownership ban. These limited] to a fixed percentage of the we asked for comment on the terms and technological developments also channels available; the telephone conditions under which local telephone support the conclusion that ‘‘good companies would be required to lease companies should be permitted to cause’’ exists to authorize telephone the balance of the channels on a provide video programming directly to companies to provide video common carrier basis to various video subscribers in their local service areas. programming within their service areas programmers.’’ In short, the courts of For instance, we asked whether we where that will promote competition in appeals have held that a complete ban should permit them to do so over video the multichannel video programming on editorial control over video dialtone systems. While we construe market. programming in a telephone company’s Section 613(b)(4), the waiver provision, service area ‘‘burden[s] substantially as authorizing us to permit telephone 10. We also conclude that the rules more speech than is necessary,’’ companies to act as programmers on we will promulgate in the immediate especially since there appeared to be an video dialtone systems pursuant to future to authorize telephone companies ‘‘obvious less-burdensome certain conditions, the remaining issues to provide video programming in their alternative[]’’—allowing the telephone raised in the Fourth FNPRM will be service areas will constitute ‘‘particular company to provide some video resolved in a further order in this circumstances * * *, taking into programming in their telephone service proceeding. account the policy’’ of Section 613(b). areas on a video dialtone system. 7. Two statutory issues are presented While we have not yet adopted 3. We now conclude, as we previously in construing Section 613(b)(4): (1) definitive rules governing the proposed in the Fourth NPRM, that we whether ‘‘good cause’’ exists to waive conditions under which telephone have the authority to grant waivers to the statutory restriction to permit a companies may be permitted to act as telephone companies pursuant to telephone company that wants to video programmers over their video Section 613(b)(4) allowing them to provide programming in its service area dialtone systems, the outline of two of provide video programming directly to to do so over a video dialtone system, those requirements is clear. First, video subscribers in their telephone service and (2) whether ‘‘the issuance of such dialtone necessarily includes a common areas over video dialtone networks. waiver is justified by the particular carriage element, and we have Section 613(b)(4) provides that upon a circumstances demonstrated by the previously concluded that a telephone showing of ‘‘good cause’’ the petitioner, taking into account the company may not allocate all or Commission may waive the cable-telco policy of this subsection,’’ when a substantially all of its capacity to a cross-ownership restriction where a telephone company requests waiver of single ‘‘anchor programmer.’’ Second, waiver is ‘‘justified by the particular Section 613(b) to provide video our current video dialtone rules contain circumstances * * *, taking into programming over a video dialtone provisions intended to ensure that account the policy’’ underlying the system. telephone companies providing video cross-ownership restriction. 8. As the D.C. Circuit recognized in its programming directly to subscribers do 4. Construing the waiver provision to 1990 NCTA v. FCC decision, ‘‘the policy not discriminate in favor of their authorize telephone companies to [of Section 613(b)] is to promote affiliated programmers and do not provide video programming over video competition.’’ When the Commission subsidize video programming dialtone networks avoids the adopted its cable-telco cross-ownership operations with rates collected from constitutional infirmity identified by the rules in 1970, it sought to prevent the their provision of monopoly telephone Fourth and Ninth Circuits by making telephone companies from using their services. These restrictions are intended available the ‘‘ ‘obvious less- monopoly position to preempt the to promote the underlying purpose of burdensome alternative’ ’’ referenced by market for cable service by excluding Section 613(b) by fostering fair those courts. Moreover, it is our duty to others from entry. Since 1970, however, competition in the multi-channel video so construe the statute. The Supreme the cable industry has grown from a programming market.2 Court has recently reiterated in United fledgling service to a more mature industry that now serves a majority of 11. Construing the waiver provision to States v. X-Citement Video, Inc., 115 S. authorize telephone companies to Ct. 464, 467 (1964), that ‘‘a statute is to households and Congress’s interest in ensuring that the cable industry not be provide video programming pursuant to be construed where fairly possible so as our video dialtone rules obviates the to avoid substantial constitutional extinguished before it is established is constitutional difficulties associated questions.’’ 1 no longer relevant. ‘‘Good cause’’ is a with Section 613(b). Specifically, the 5. In light of the ongoing litigation phrase that is commonly associated Fourth Circuit and Ninth Circuit have concerning the constitutionality of with changed circumstances. The Section 613(b), we have decided to relevant circumstances have changed held that the cable-telco cross- adopt the construction of Section greatly since the Commission adopted ownership restriction ‘‘burden[s] 613(b)(4) that we proposed in the Fourth its cross-ownership rules in 1970 and substantially more speech than is FNPRM before answering the other Congress ‘‘modeled [Section 613(b)] necessary’’ to promote the government’s questions presented in this rulemaking. after the FCC[’s] rules’’ in 1984. interest in promoting a competitive 9. We also conclude that significant multi-channel video programming 1 While the courts have identified video dialtone advances in technology have changed market. Waiving Section 613(b), as a possible means by which telephone companies the circumstances relevant to however, constitutes implementation of could provide programming in their service areas to determining whether telephone the ‘‘obvious less burdensome remedy the constitutional infirmities of Section companies should be permitted to alternative’’ to the ban identified by the 613(b), and while we agree with the suggestion of these courts that waiving Section 613(b) as provide video programming directly to discussed above will cure these constitutional subscribers in their service areas. These 2 It is possible that we will decide in the ongoing infirmities, we will address the terms and developments have made it possible for rulemaking proceeding that telephone companies conditions under which telephone companies a multitude of programmers to reach ought to be permitted to provide traditional cable should be permitted to provide video programming service, rather than participate as programmers on directly to subscribers in their local service areas in end user customers and have mitigated video dialtone systems, under ‘‘particular a subsequent order addressing the other issues to a fair degree the competitive concerns circumstances’’ that will promote competition in raised in the Fourth FNPRM. that led the Commission and Congress the multichannel video programming market. 31926 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations Fourth Circuit.3 Or, to quote the Ninth 14. Both the United States Telephone by the regulations we will establish Circuit, it implements the ‘‘more Association and US West invoke governing its provision of video speech-friendly plan that allows Secretary of State of Maryland v. programming. Accordingly, there is no telephone companies ‘‘to compete in the Munson, 467 U.S. 947 (1984), to argue ‘‘threat of censorship that by its very video programming market’’ while that the statute cannot be saved by its existence chills free speech.’’ ‘‘requiring that a portion of their waiver provision. But this case is not at 15. In light of our duty to interpret transport volume be set aside for sale to all similar to Munson. The Munson case Section 613(b) in a fashion that renders unaffiliated third parties on a common involved a 25% limitation on the the statute constitutional, there is no carrier basis.’’ As a result of our percentage of funds a charitable merit at all to the suggestion by some construction of the waiver provision, organization could keep, on the theory commenters that the Commission’s telephone companies’ free speech that a charity that used less than 75% interpretation of Section 613(b)(4) is interests are not unduly burdened. of the funds that it raised on charitable barred by res judicata, collateral 12. The fact that waiver of the cable- purposes was engaged in fraud. The estoppel, or some unnamed principle telco cross-ownership restriction Court invalidated the state statute that allegedly prevents the Commission obviates the constitutional difficulties imposing the limitation upon from construing a statute that a court identified by the courts of appeals concluding that ‘‘[t]he flaw in the has held unconstitutional. In X- supports our decision to construe our statute is not simply that it includes Citement Video, the Supreme Court read waiver authority to permit telephone within its sweep some impermissible the federal child pornography statute in companies to provide video applications, but that in all its a manner that the Court acknowledged was not its ‘‘most natural grammatical programming over video dialtone applications it operates on the reading’’ in order to avoid a serious systems. As the Supreme Court recently fundamentally mistaken premise that constitutional issue after a court of reiterated in X–Citement Video, ‘‘a high solicitation costs are an accurate appeals had held the statute statute is to be construed where fairly measure of fraud.’’ Moreover, the Court unconstitutional. In particular, the possible so as to avoid constitutional concluded that the statute stifled speech Court held that the statute required the questions,’’ The Court also articulated and discriminated against certain government to prove that the defendant this principle in Jean v. Nelson, 472 viewpoints, explaining that ‘‘the statute in a child pornography case knew that U.S. 846 (1985), when it found that will restrict First Amendment activity ‘‘[p]rior to reaching any constitutional the material on which the prosecution that results in high costs but is itself a was based contained child pornography questions federal courts must consider part of the charity’s goal or that is nonconstitutional grounds for even though the statute did not appear simply attributable to the fact that the to contain such a scienter requirement. decision.’’ charity’s cause proves to be unpopular.’’ 13. Several commenters opposed our In this case, in contrast, the language of The Court went on to hold that the the waiver provision is flexible, reading of the wavier provision. statute was not saved by a provision Southwestern Bell argued that our speaking of ‘‘good cause’’ and allowing for waivers of the limitation. ‘‘particular circumstances * * *, taking proposal constitutes an evisceration of The Court stated that ‘‘[b]y placing the rule. That is not so. It would into account the policy of this discretion in the hands of an official to subsection.’’ Unlike the Court in X- eviscerate the statute if we were to grant or deny a license, such a statute waive Section 613(b) to allow telephone Citement Video, we do not have to creates a threat of censorship that by its strain to construe the waiver provision companies to provide video very existence chills free speech.’’ so that it renders the statute programming directly to subscribers in ‘‘Particularly where the percentage constitutional. Rather, as we have their service areas over video dialtone limitation is so poorly suited to explained, we believe that such an facilities and, as a general matter, to accomplishing the State’s goal,’’ the interpretation is fully consistent with purchase cable systems in their Court added, ‘‘and where there are both the language of the waiver telephone service areas that do not face alternative means to serve the same provision and the policy underlying competition. But we are not authorizing purpose, there is little justification for Section 613(b), and therefore is the best such waivers in this order. Instead, we straining to salvage the statute by interpretation of Section 613(b)(4). For conclude only that Section 613(b)(4) invoking the possibility of official those reasons, and in light of the fact authorizes us to waive the cable-telco dispensation to engage in protected that such an interpretation also avoids cross-ownership rule to permit a activity.’’ In this case, in contrast, a serious constitutional issue, we now telephone company to provide video permitting telephone companies to adopt our tentative conclusion that the programming over video dialtone provide video programming over a waiver provision should be interpreted systems in its telephone service area in video dailtone system plainly advances to authorize us to consider and approve competition with existing cable the goal of making programming for a requests by telephone companies to operators, a result that furthers the variety of sources available to the provide video programming over video 4 purpose of the rule. public—a goal that furthers rather than dialtone systems, subject to the rules we hinders First Amendment interests. have enacted and any further rules we 3 We recognize that the Fourth Circuit reserved Unlike Munson, speech is not stifled judgment on the constitutionality of our will enact to govern video dialtone recommended model. C&P, 42 F.3d at 202 n.34. and unpopular viewpoints are not systems. However, if that recommended approach does not disadvantaged. Moreover, no discretion 16. Finally, we also conclude that our render the statute constitutional then, contrary to remotely comparable to that in Munson reading of Section 613(b)(4) is not the court’s holding it is not ‘‘ ‘Kobvious less- would be lodged in any official to grant foreclosed by the D.C. Circuit’s 1990 burdensome alternative,’ ’’ because it is no alternative at all. Id. at 202. or deny particular waivers under our decision in NCTA v. FCC, 914 F.2d 285 4 We do not decide today whether we could grant approach. Rather, as part of any (D.C. Cir. 1990). That case did not a waiver authorizing a telephone company to build decision under 47 U.S.C. § 214 involve video dialtone service and a traditional cable system in its telephone service authorizing a telephone company to presented no constitutional issue. It area in competition with an existing cable system. Nor do we address the conditions under which a construct facilities, we will routinely instead involved a waiver of FCC cross- waiver might be warranted to allow a telephone grant a waiver of Section 613(b) where ownership rules authorizing a cable company to purchase an in-region cable system. the telephone company agrees to abide operator to provide cable service over a Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations 31927 telephone companies’ wires even SUMMARY: This document reallots 47 CFR Part 73 though the cable operator was affiliated Channel 260A from Tuskegee to with the telephone company in Tallassee, Alabama, and modifies the [MM Docket No. 91±129; RM±7664] violation of the rules by virtue of their license of WACQ, Incorporated for joint interest in the contractor that was Station WACQ-FM, as requested, Radio Broadcasting Services; Lake to build the cable system. The court pursuant to the provisions of Section Havasu City, AZ acknowledged that the project ‘‘presents 1.420(i) of the Commission’s Rules. The a number of advantages that might AGENCY: Federal Communications allotment of Channel 260A to Tallassee Commission. justify a good cause waiver.’’ However, will provide a first local FM service to ACTION: it held that the Commission had ‘‘failed the community without depriving Final rule. ** * to explain why any of these Tuskegee of local aural transmission SUMMARY: This document allots FM advantages require [the contractor’s] service. See 57 FR 44354, September 25, participation as [the telephone Channel 244C2 to Lake Havasu City, 1992. Coordinates used for Channel Arizona, as that community’s fourth companies’] contractor.’’ In this case, in 260A at Tallassee, Alabama, are 32–26– contrast, in light of the decisions local FM service, in response to a 30 and 85–47–45. With this action, the petition for rulemaking filed on behalf holding Section 613(b) unconstitutional, proceeding is terminated. it is necessary to waive Section 613(b) of Bridge Broadcasting. See 56 FR 21465, May 9, 1991. Coordinates used to allow affiliates of telephone EFFECTIVE DATE: July 28, 1995. companies to provide video for Channel 244C2 at Lake Havasu City programming in order to render the FOR FURTHER INFORMATION CONTACT: are 34–29–02 and 114–19–18. Lake statute constitutional. The Ninth Circuit Nancy Joyner, Mass Media Bureau, (202) Havasu City is located within 320 recognized that a waiver might be 418–2180. kilometers (199 miles of the United States-Mexico border and therefore, warranted in these circumstances in SUPPLEMENTARY INFORMATION: This is a GTE California, Inc. v. FCC, 39 F.3d 940 concurrence of the Mexican government synopsis of the Commission’s Report to this proposal was obtained. With this (1994), a case that (unlike NCTA v. FCC) and Order, MM Docket No. 92–196, involved a constitutional challenge to action, the proceeding is terminated. adopted June 6, 1995, and released June DATES: Effective July 28, 1995. The Section 613(b). The Ninth Circuit stated 13, 1995. The full text of this in that case, in response to the argument window period for filing applications Commission decision is available for on Channel 244C2 at Lake Havasu City, that Section 613(b) is unconstitutional, inspection and copying during normal that ‘‘GTECA did not present the Arizona, will open on July 28, 1995, and business hours in the FCC’s Reference close on August 28, 1995. constitutional issue to the Commission Center (Room 239), 1919 M Street, NW., at a point in this proceeding where it FOR FURTHER INFORMATION CONTACT: Washington, DC. The complete text of could have tried to obviate the Nancy Joyner, Mass Media Bureau, (202) this decision may also be purchased constitutional question by granting 418–2180. Questions related to the from the Commission’s copy discretionary relief, such as a permanent window application filing process for contractors, International Transcription waiver.’’ As that statement recognizes, a Channel 244C2 at Lake Havasu City, Service, Inc., (202) 857–3800, located at waiver is warranted to implement what Arizona, should be addressed to the 1919 M Street, NW., Room 246, or 2100 the Ninth Circuit in US West termed our Audio Services Division, FM Branch, M Street, NW., Suite 140, Washington, ‘‘more speech-friendly plan’’ and hence (202) 418–2700. DC 20037. avoid a serious constitutional issue. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Report 17. Conclusion. Accordingly, it is List of Subjects in 47 CFR Part 73 ordered that Section 613(b)(4) of the and Order, MM Docket No. 91–129, Communications Act is interpreted to Radio broadcasting. adopted June 5, 1995, and released June authorize waivers permitting telephone 13, 1995. The full text of this companies to provide video Part 73 of title 47 of the Code of Commission decision is available for programming directly to subscribers in Federal Regulations is amended as inspection and copying during normal their telephone service area pursuant to follows: business hours in the FCC’s Reference the rules we will adopt in this docket or Center (Room 239), 1919 M Street, NW., related rulemaking proceedings. PART 73Ð[AMENDED] Washington, DC. The complete text of this decision may also be purchased List of Subjects in 47 CFR Part 63 1. The authority citation for part 73 from the Commission’s copy Ownership rules, Telephone. continues to read as follows: contractors, International Transcription Federal Communications Commission. Authority: Secs. 303, 48 Stat., as amended, Service, Inc., (202) 857–3800, located at William F. Caton, 1082; 47 U.S.C. 154, as amended. 1919 M Street, NW., Room 246, or 2100 Acting Secretary. M Street, NW., Suite 140, Washington, DC 20037. [FR Doc. 95–14833 Filed 6–16–95; 8:45 am] § 73.202 [Amended] BILLING CODE 6712±01±M 2. Section 73.202(b), the Table of FM List of Subjects in 47 CFR Part 73 Allotments under Alabama, is amended Radio broadcasting. 47 CFR Part 73 by removing Channel 260A at Tuskegee, Part 73 of the title 47 of the Code of and by adding Tallassee, Channel 260A. Federal Regulations is amended as [MM Docket No. 92±196; RM±8041] follows: Federal Communications Commission. Radio Broadcasting Services; John A. Karousos, PART 73Ð[AMENDED] Tallassee and Tuskegee, AL Chief, Allocations Branch, Policy and Rules 1. The authority citation for part 73 AGENCY: Federal Communications Division, Mass Media Bureau. continues to read as follows: Commission. [FR Doc. 95–14835 Filed 6–16–95; 8:45 am] Authority: Secs. 303, 48 Stat., as amended, ACTION: Final rule. BILLING CODE 6712±01±F 1082; 47 U.S.C. 154, as amended. 31928 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations § 73.202 [Amended] Part 73 of title 47 of the Code of from the Commission’s copy contractor, 2. Section 73.202(b), the Table of FM Federal Regulations is amended as ITS, Inc., (202) 857–3800, 2100 M Allotments under Arizona, is amended follows: Street, NW., Suite 140, Washington, DC by adding Channel 244C2 at Lake 20037. PART 73Ð[AMENDED] Havasu City. List of Subjects in 47 CFR Part 73 Federal Communications Commission. 1. The authority citation for part 73 Radio broadcasting. continues to read as follows: John A. Karousos, Part 73 of title 47 of the Code of Authority: Secs. 303, 48 Stat., as amended, Federal Regulations is amended as Chief, Allocations Branch, Policy and Rules 1082; 47 U.S.C. 154, as amended. Division, Mass Media Bureau. follows: § 73.202 [Amended] [FR Doc. 95–14845 Filed 6–16–95; 8:45 am] PART 73Ð[AMENDED] BILLING CODE 6712±01±F 2. Section 73.202(b), the Table of FM Allotments under California is amended 1. The authority citation for part 73 by adding Channel 278A at Cambria. continues to read as follows: 47 CFR Part 73 Federal Communications Commission. Authority: Secs. 303, 48 Stat., as amended, John A. Karousos, 1082; 47 U.S.C. 154, as amended. [MM Docket No. 95±9; RM±8560] Chief, Allocations Branch, Policy and Rules § 73.202 [Amended] Division, Mass Media Bureau. Radio Broadcasting Services; 2. Section 73.202(b), the Table of FM Cambria, CA [FR Doc. 95–14837 Filed 6–16–95; 8:45 am] Allotments under Mississippi, is BILLING CODE 6712±01±F amended by adding Channel 221A at AGENCY: Federal Communications Clarksdale. Commission. ACTION: Final rule. 47 CFR Part 73 Federal Communications Commission. John A. Karousos, [MM Docket No. 94±73; RM±8489] SUMMARY: This document allots Channel Chief, Allocations Branch, Policy and Rules 278A to Cambria, California, as that Radio Broadcasting Services; Division, Mass Media Bureau. community’s second local FM service, Clarksdale, MS [FR Doc. 95–14839 Filed 6–16–95; 8:45 am] in response to a petition for rule making BILLING CODE 6712±01±F filed on behalf of James Kampschroer. AGENCY: Federal Communications See 60 FR 5158, January 26, 1995. Commission. Coordinates used for Channel 278A at ACTION: Final rule. 47 CFR Part 73 Cambria are North Latitude 35–33–54 [MM Docket No. 94±69; RM±8490, RM±8536] and West Longitude 121–04–48. With SUMMARY: The Commission, at the this action, the proceeding is request of Leroy P. Jenkins, Jr., d/b/a Radio Broadcasting Services; Grenada terminated. Delta Blues Broadcasting, allots Channel and Crenshaw, MS DATES: Effective July 28, 1995. The 221A to Clarksdale, Mississippi. See 59 AGENCY: Federal Communications window period for filing applications FR 35292, September 13, 1994. Channel Commission. for Channel 278A at Cambria, 221A can be allotted to Clarksdale, California, will open on July 28, 1995, Mississippi, in compliance with the ACTION: Final rule. and close on August 28, 1995. Commission’s minimum distance separation requirements with a site SUMMARY: The Commission, at the FOR FURTHER INFORMATION CONTACT: restriction of 4.8 kilometers (3.0 miles) request of Delta Radio, Inc. allots Nancy Joyner, Mass Media Bureau, (202) west to avoid a short-spacing conflict Channel 222A to Grenada, Mississippi, 418–2180. Questions related to the with the presently licensed site of as the community’s second local FM window application filing process for Station WUMS(FM), Channel 221A, service. At the request of Robert E. Channel 278A at Cambria should be University, Mississippi. The coordinates Evans, III, the Commission allots addressed to the Audio Services for Channel 221A at Clarksdale are 34– Channel 295A to Crenshaw, Mississippi, Division, FM Branch, (202) 418–2700. 11–42 and 90–37–38. With this action, as the community’s first local aural SUPPLEMENTARY INFORMATION: This is a this proceeding is terminated. transmission service. See 59 FR 35293, synopsis of the Commission’s Report July 11, 1994. Channels 222A and 295A DATES: Effective July 28, 1995. The and Order, MM Docket No. 95–9, can be allotted to Grenada and window period for filing applications adopted June 7, 1995, and released June Crenshaw, Mississippi, respectively, in will open on July 28, 1995, and close on 13, 1995. The full text of this compliance with the Commission’s August 28, 1995. Commission decision is available for minimum distance separation inspection and copying during normal FOR FURTHER INFORMATION CONTACT: Pam requirements. Channel 222A can be business hours in the FCC’s Reference Blumenthal, Mass Media Bureau, (202) allotted to Grenada with a site Center (Room 239), 1919 M Street, NW., 418–2180. restriction of 4.6 kilometers (2.9 miles) Washington, DC. The complete text of SUPPLEMENTARY INFORMATION: This is a north to avoid a short-spacing with the this decision may also be purchased synopsis of the Commission’s Report licensed site of Station WQST(FM, from the Commission’s copy and Order, MM Docket No. 94–73, Channel 223C, Forest, Mississippi. The contractors, International Transcription adopted June 5, 1995, and released June coordinates for Channel 222A at Service, Inc., (202) 857–3800, located at 13, 1995. The full text of this Grenada are 33–49–02 and 89–48–00. 1919 M Street, NW., Room 246, or 2100 Commission decision is available for For Channel 295A at Crenshaw a site M Street, NW., Suite 140, Washington, inspection and copying during normal restriction of 7.2 kilometers (4.4 miles) DC 20037. business hours in the FCC Reference southeast is needed to avoid a short- Center (Room 239), 1919 M Street, NW., spacing conflict with a construction List of Subjects in 47 CFR Part 73 Washington, DC. The complete text of permit for Station KXFE(FM), Channel Radio broadcasting. this decision may also be purchased 295C3, Dumas, Arkansas. The Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations 31929 coordinates for Channel 295A at FR 10826, February 28, 1995. Channel 47 CFR Part 73 Crenshaw are 34–28–36 and 90–07–38. 226A can be allotted to Yazoo City, With this action, this proceeding is Mississippi, in compliance with the [MM Docket No. 94±151; RM±8555] terminated. Commission’s minimum distance Radio Broadcasting Services; Buffalo DATES: Effective July 28, 1995. The separation requirements with a site and Lamar, MO window period for filing applications restriction of 12.4 kilometers (7.7 miles) will open on July 28, 1995, and close on east to avoid short-spacing conflicts AGENCY: Federal Communications August 28, 1995. with the licensed site of Station Commission. FOR FURTHER INFORMATION CONTACT: Pam KQID(FM), Channel 226C, Alexandria, ACTION: Final rule. Blumenthal, Mass Media Bureau, (202) Louisiana, and to a construction permit SUMMARY: 418–2180. for Station WDTL(FM), Channel 225C2, This document substitutes Cleveland, Mississippi. The coordinates Channel 260C3 for Channel 260A at SUPPLEMENTARY INFORMATION: This is a for Channel 226A at Yazoo City are 32– Buffalo, Missouri, modifies the license synopsis of the Commission’s Report 50–29– and 90–16–28. With this action, for Station KBFL(FM) to specify and Order, MM Docket No. 94–69, this proceeding is terminated. Channel 260C3, substitutes Channel adopted June 5, 1995, and released June 269A for Channel 260A at Lamar, 13, 1995. The full text of this DATES: Effective July 28, 1995. The Missouri, and modifies the license for Commission decision is available for window period for filing applications Station KHST(FM) to specify operation inspection and copying during normal will open on July 28, 1995, and close on on Channel 269A in response to a business hours in the FCC Reference August 28, 1995. petition filed jointly by KBFL Center (Room 239), 1919 M Street, NW., Broadcasting Company and KHST FOR FURTHER INFORMATION CONTACT: Pam Washington, DC. The complete text of Broadcasting Company. See 59 FR Blumenthal, Mass Media Bureau, (202) this decision may also be purchased 66883, December 28, 1994. The 418–2180. from the Commission’s copy contractor, coordinates for Channel 260C3 at ITS, Inc., (202) 857–3800, 2100 M SUPPLEMENTARY INFORMATION: This is a Buffalo are 37–35–30 and 93–02–30. Street, NW., Suite 140, Washington, DC The coordinates for Channel 269A at 20037. synopsis of the Commission’s Report and Order, MM Docket No. 95–27, Lamar are 37–25–27 and 94–16–12. List of Subjects in 47 CFR Part 73 adopted June 5, 1995, and released June With this action, this proceeding is terminated. Radio broadcasting. 13, 1995. The full text of this Commission decision is available for EFFECTIVE DATE: July 28, 1995. Part 73 of title 47 of the Code of inspection and copying during normal FOR FURTHER INFORMATION CONTACT: Federal Regulations is amended as business hours in the FCC Reference follows: Kathleen Scheuerle, Mass Media Center (Room 239), 1919 M Street, NW., Bureau, (202) 418–2180. PART 73Ð[AMENDED] Washington, DC. The complete text of SUPPLEMENTARY INFORMATION: This is a this decision may also be purchased summary of the Commission’s Report 1. The authority citation for part 73 from the Commission’s copy contractor, and Order, MM Docket No. 94–151, continues to read as follows: ITS, Inc., (202) 857–3800, 2100 M adopted June 5, 1995, and released June Authority: Secs. 303, 48 Stat., as amended, Street, NW., Suite 140, Washington, DC 13, 1995. The full text of this 1082; 47 U.S.C. 154, as amended. 20037. Commission decision is available for § 73.202 [Amended] List of Subjects in 47 CFR Part 73 inspection and copying during normal business hours in the Commission’s 2. Section 73.202(b), the Table of FM Radio broadcasting. Reference Center (Room 239), 1919 M Allotments under Mississippi, is Street, NW., Washington, DC. The amended by adding Channel 222A at Part 73 of title 47 of the Code of complete text of this decision may also Grenada, and by adding Crenshaw, be purchased from the Commission’s Channel 295A. Federal Regulations is amended as follows: copy contractors, International Federal Communications Commission. Transcription Services, Inc., 2100 M John A. Karousos, PART 73Ð[AMENDED] Street, NW., Suite 140, Washington, DC Chief, Allocations Branch, Policy and Rules 20037, (202) 857–3800. Division, Mass Media Bureau. 1. The authority citation for part 73 List of Subjects in 47 CFR Part 73 [FR Doc. 95–14838 Filed 6–16–95; 8:45 am] continues to read as follows: BILLING CODE 6712±01±F Radio broadcasting. Authority: Secs. 303, 48 Stat., as amended, Part 73 of title 47 of the Code of 1082; 47 U.S.C. 154, as amended. Federal Regulations is amended as 47 CFR Part 73 § 73.202 [Amended] follows: [MM Docket No. 95±27; RM±8582] 2. Section 73.202(b), the Table of FM PART 73Ð[AMENDED] Radio Broadcasting Services; Yazoo Allotments under Mississippi, is 1. The authority citation for part 73 City, MS amended by removing Channel 229A continues to read as follows: and adding Channel 226A at Yazoo City. AGENCY: Federal Communications Authority: Secs. 303, 48 Stat., as amended, Commission. Federal Communications Commission. 1082; 47 U.S.C. 154, as amended. ACTION: Final rule. John A. Karousos, § 73.202 [Amended] SUMMARY: The Commission, at the Chief, Allocations Branch, Policy and Rules 2. Section 73.202(b), the Table of FM request of Mississippi College, Division, Mass Media Bureau. Allotments under Missouri, is amended substitutes Channel 226A for Channel [FR Doc. 95–14834 Filed 6–16–95; 8:45 am] by removing Channel 260A and adding 229A at Yazoo City, Mississippi. See 60 BILLING CODE 6712±01±F Channel 260C3 at Buffalo and by 31930 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations removing Channel 260A and adding § 73.202 [Amended] 47 CFR Part 73 Channel 269A at Lamar. 2. Section 73.202(b), the Table of FM [MM Docket No. 95±4; RM±8501] Federal Communications Commission. Allotments under Nevada, is amended John A. Karousos, by adding Sun Valley, Channel 229A. Radio Broadcasting Services; Charlotte Amalie, VI Chief, Allocations Branch, Policy and Rules Federal Communications Commission. Division, Mass Media Bureau. John A. Karousos, AGENCY: Federal Communications [FR Doc. 95–14842 Filed 6–16–95; 8:45 am] Chief, Allocations Branch, Policy and Rules Commission. BILLING CODE 6712±01±F Division, Mass Media Bureau. ACTION: Final rule. [FR Doc. 95–14843 Filed 6–16–95; 8:45 am] SUMMARY: The Commission, at the 47 CFR Part 73 BILLING CODE 6712±01±F request of Virgin Islands Public [MM Docket No. 95±10; RM±8572] Television System, allots Channel 47 CFR Part 73 *226A at Charlotte Amalie, Virgin Radio Broadcasting Services; Sun Islands, and reserves it for Valley, NV noncommercial educational use. See 60 [MM Docket No. 94±84; RM±8478] FR 5157, January 16, 1995. Channel AGENCY: Federal Communications *226A can be allotted to Charlotte Radio Broadcasting Services; Driscoll, Commission. Amalie in compliance with the Gregory and Robstown, TX ACTION: Final rule. Commission’s minimum distance separation requirements without the SUMMARY: The Commission, at the AGENCY: Federal Communications imposition of a site restriction at request of James D. Sleeman, allots Commission. petitioner’s requested site. The Channel 229A to Sun Valley, NV, as the ACTION: coordinates for Channel *226A at community’s first local FM service. See Final rule. Charlotte Amalie are North Latitude 18– 60 FR 5158, January 26, 1995. Channel 21–26 and West Longitude 64–56–50. 229A can be allotted to Sun Valley in SUMMARY: This document denies the With this action, this proceeding is compliance with the Commission’s petition for rule making filed by Cotton terminated. minimum distance separation Broadcasting, licensee of Station requirements without the imposition of KMIQ(FM), Channel 286A, Robstown, FOR FURTHER INFORMATION CONTACT: a site restriction, at coordinates 39–35– Texas, requesting the substitution of Sharon P. McDonald, Mass Media 47 North Latitude and 119–46–30 West Channel 283C3 for Channel 286A, the Bureau, (202) 418–2180. Longitude. With this action, this reallotment of Channel 283C3 from DATES: Effective July 28, 1995. The proceeding is terminated. Robstown to Driscoll, Texas, and the window period for filing applications deletion of vacant Channel 283A at DATES: Effective July 28, 1995. The for Channel *226A at Charlotte Amalie, Gregory, Texas. See 59 FR 38950, window period for filing applications Virgin Islands, will open on July 28, August 1, 1994, and 60 FR 13947, March will open on July 28, 1995, and close on 1995, and close on August 28, 1995. 15, 1995. With this action, this August 28, 1995. SUPPLEMENTARY INFORMATION: This is a proceeding is terminated. FOR FURTHER INFORMATION CONTACT: synopsis of the Commission’s Report Leslie K. Shapiro, Mass Media Bureau, EFFECTIVE DATE: June 19, 1995. and Order, MM Docket No. 95–4, (202) 418–2180. adopted June 2, 1995, and released June FOR FURTHER INFORMATION CONTACT: Pam 13, 1995. The full text of this SUPPLEMENTARY INFORMATION: This is a Blumenthal, Mass Media Bureau, (202) Commission decision is available for synopsis of the Commission’s Report 418–2180. inspection and copying during normal and Order, MM Docket No. 95–10, business hours in the FCC Reference adopted June 2, 1995, and released June SUPPLEMENTARY INFORMATION: This is a Center (Room 239), 1919 M Street, NW., 13, 1995. The full text of this synopsis of the Commission’s Report Washington, DC. The complete text of Commission decision is available for and Order, MM Docket No. 94–84, this decision may also be purchased inspection and copying during normal adopted June 6, 1995, and released June from the Commission’s copy business hours in the FCC Reference 13, 1995. The full text of this contractors, International Transcription Center (Room 239), 1919 M Street, NW., Commission decision is available for Service, Inc., (202) 857–3800, 2100 M Washington, DC. The complete text of inspection and copying during normal Street, NW., Suite 140, Washington, DC this decision may also be purchased business hours in the FCC Reference 20037. from the Commission’s copy contractor, Center (Room 239), 1919 M Street, NW., International Transcription Service, Washington, DC. The complete text of List of Subjects in 47 CFR Part 73 this decision may also be purchased Inc., (202) 857–3800, 2100 M Street, Radio broadcasting. NW., Suite 140, Washington, DC 20037. from the Commission’s copy contractor, ITS, Inc., (202) 857–3800, 2100 M Part 73 of title 47 of the Code of List of Subjects in 47 CFR Part 73 Street, NW., Suite 140, Washington, DC Federal Regulations is amended as Radio broadcasting. 20037. follows: Part 73 of title 47 of the Code of List of Subjects in 47 CFR Part 73 PART 73Ð[AMENDED] Federal Regulations is amended as follows: Radio broadcasting. 1. The authority citation for part 73 continues to read as follows: Federal Communications Commission. PART 73Ð[AMENDED] John A. Karousos, Authority: Sections 303, 48 Stat., as amended, 1082; 47 U.S.C. 154, as amended. 1. The authority citation for part 73 Chief, Allocations Branch, Policy and Rules continues to read as follows: Division, Mass Media Bureau. § 73.202 [Amended] Authority: Secs. 303, 48 Stat., as amended, [FR Doc. 95–14836 Filed 6–16–95; 8:45 am] 2. Section 73.202(b), the Table of FM 1082; 47 U.S.C. 154, as amended. BILLING CODE 6712±01±F Allotments under Virgin Islands, is Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations 31931 amended by adding Channel *226A at from the Commission’s copy Commission’s minimum distance Charlotte Amalie for noncommercial contractors, International Transcription separation requirements without the educational use. Service, Inc., (202) 857–3800, 2100 M imposition of a site restriction. The Federal Communications Commission. Street, NW., Suite 140, Washington, DC coordinates for Channel 256A at Walla John A. Karousos, 20037. Walla are North Latitude 46–04–12 and West Longitude 118–19–48. With this Chief, Allocations Branch, Policy and Rules List of Subjects in 47 CFR Part 73 action, this proceeding is terminated. Division, Mass Media Bureau. Radio broadcasting. [FR Doc. 95–14840 Filed 6–16–95; 8:45 am] DATES: Effective July 28, 1995. The Part 73 of Title 47 of the Code of BILLING CODE 6712±01±F window period for filing applications Federal Regulations is amended as for Channel 256A at Walla Walla, follows: Washington will open on July 28, 1995, 47 CFR Part 73 and close on August 28, 1995. PART 73Ð[AMENDED] [MM Docket No. 95±2; RM±8502] FOR FURTHER INFORMATION CONTACT: 1. The authority citation for part 73 Sharon P. McDonald, Mass Media Radio Broadcasting Services; continues to read as follows: Bureau, (202) 418–2180. Charlotte Amalie, VI Authority: Sections 303, 48 Stat., as SUPPLEMENTARY INFORMATION: This is a amended, 1082; 47 U.S.C. 154, as amended. AGENCY: Federal Communications synopsis of the Commission’s Report and Order, MM Docket No. 93–201, Commission. § 73.202 [Amended] adopted June 5, 1995, and released June ACTION: Final rule. 2. Section 73.202(b), the Table of FM 13, 1995. The full text of this Allotments under Virgin Islands, is SUMMARY: The Commission, at the Commission decision is available for amended by adding Channel *275A at request of Virgin Islands Youth inspection and copying during normal Charlotte Amalie for noncommercial Development Radio, Inc., allots Channel business hours in the FCC Reference educational use. *275A at Charlotte Amalie, Virgin Center (Room 239), 1919 M Street, NW., Islands, and reserves it for Federal Communications Commission. Washington, DC. The complete text of noncommercial educational use. See 60 John A. Karousos, this decision may also be purchased FR 3613, January 18, 1995. Channel Chief, Allocations Branch, Policy and Rules from the Commission’s copy *275A can be allotted to Charlotte Division, Mass Media Bureau. contractors, International Transcription Amalie in compliance with the [FR Doc. 95–14841 Filed 6–16–95; 8:45 am] Service, Inc., (202) 857–3800, 2100 M Commission’s minimum distance BILLING CODE 6712±01±F Street, NW., Suite 140, Washington, DC separation requirements with a site 20037. restriction of 10.6 kilometers (6.6 miles) List of Subjects in 47 CFR Part 73 west. The coordinates for Channel 47 CFR Part 73 Radio broadcasting. *275A at Charlotte Amalie are North [MM Docket No. 93±201; RM±8213, RM± Latitude 18–21–20 and West Longitude 8252] Part 73 of title 47 of the Code of 65–01–45. With this action, this Federal Regulations is amended as proceeding is terminated. Radio Broadcasting Services; Walla follows: FOR FURTHER INFORMATION CONTACT: Walla and Waitsburg, WA Sharon P. McDonald, Mass Media PART 73Ð[AMENDED] AGENCY: Federal Communications Bureau, (202) 418–2180. Commission. 1. The authority citation for part 73 DATES: Effective July 28, 1995. The ACTION: Final rule. continues to read as follows: window period for filing applications for Channel *275A at Charlotte Amalie, SUMMARY: The Commission, at the Authority: Sections 303, 48 Stat., as Virgin Islands, will open on July 28, request of Walla Walla Christian amended, 1082; 47 U.S.C. 154, as amended. 1995, and close on August 28, 1995. Broadcasters, allots Channel 256A at § 73.202 [Amended] SUPPLEMENTARY INFORMATION: This is a Walla Walla, Washington, as the 2. Section 73.202(b), the Table of FM synopsis of the Commission’s Report community’s fifth local commercial FM Allotments under Washington, is and Order, MM Docket No. 95–2, transmission service (RM–8213). We amended by adding Channel 256A at adopted June 2, 1995, and released June also, at the request of Brett E. Miller, Walla Walla. 13, 1995. The full text of this dismiss the mutually exclusive proposal Commission decision is available for to allot Channel 270C3 at Waitsburg, Federal Communications Commission. inspection and copying during normal Washington, as the community’s first John A. Karousos, business hours in the FCC Reference local aural transmission service (RM– Chief, Allocations Branch, Policy and Rules Center (Room 239), 1919 M Street, NW., 8252). See 58 FR 37696, July 13, 1993. Division, Mass Media Bureau. Washington, DC. The complete text of Channel 256A can be allotted to Walla [FR Doc. 95–14844 Filed 6–16–95; 8:45 am] this decision may also be purchased Walla in compliance with the BILLING CODE 6712±01±F 31932 Proposed Rules Federal Register Vol. 60, No. 117 Monday, June 19, 1995 This section of the FEDERAL REGISTER the Assistant Chief Counsel, 12 New and TPE331–14HR turboprop engines contains notices to the public of the proposed England Executive Park, Burlington, tieshaft aft thread form, the Federal issuance of rules and regulations. The MA. Aviation Administration (FAA) has purpose of these notices is to give interested FOR FURTHER INFORMATION CONTACT: determined that main shouldered shafts persons an opportunity to participate in the (tieshafts) and forward coupling shafts rule making prior to the adoption of the final Joseph Costa, Aerospace Engineer, Los rules. Angeles Aircraft Certification Office, (stub shafts), installed on AlliedSignal FAA, Transport Airplane Directorate, Inc. Models TPE331–14A, -14B, -14F, 3960 Paramount Blvd., Lakewood, CA and -15AW turboprop engines, are DEPARTMENT OF TRANSPORTATION 90712–4137; telephone (310) 627–5246; subject to a fatigue limit. Engine testing fax (310) 627–5210. and analysis indicate that if these Federal Aviation Administration compressor components, which were SUPPLEMENTARY INFORMATION: previously certified as having unlimited 14 CFR Part 39 Comments Invited service lives, continue in service [Docket No. 95±ANE±09] Interested persons are invited to without established retirement lives, participate in the making of the fatigue failure may result. This Airworthiness Directives; AlliedSignal proposed rule by submitting such condition, if not corrected, could result Inc. TPE331 Series Turboprop Engines written data, views, or arguments as in fatigue failure of engine compressor they may desire. Communications components and an inflight engine AGENCY: Federal Aviation shutdown. Administration, DOT. should identify the Rules Docket number and be submitted in triplicate to The FAA has reviewed and approved ACTION: Notice of proposed rulemaking the address specified above. All the technical contents of AlliedSignal (NPRM). communications received on or before Inc. Service Bulletins (SB’s): No. the closing date for comments, specified TPE331–A72–7128, dated June 10, 1994, SUMMARY: This document proposes the No. TPE331–A72–7129, dated June 10, adoption of a new airworthiness above, will be considered before taking action on the proposed rule. The 1994, and No. TPE331–A72–7522, dated directive (AD) that is applicable to February 17, 1995, that describe main certain AlliedSignal Inc. TPE331 series proposals contained in this notice may be changed in light of the comments shouldered shaft (tieshaft) cyclic life turboprop engines. This proposal would limits; and No. TPE331–72–7130, dated establish cyclic retirement lives for received. Comments are specifically invited on June 17, 1994, No. TPE331–72–7131, certain compressor components. This dated June 17, 1994, and No. TPE331– proposal is prompted by manufacturer’s the overall regulatory, economic, environmental, and energy aspects of 72–7523, dated February 17, 1995, that engine testing and analysis that indicate describe forward coupling shaft (stub that if these compressor components the proposed rule. All comments submitted will be available, both before shaft) cyclic life limits. continue in service without an Since an unsafe condition has been established retirement life, and after the closing date for comments, in the Rules Docket for examination by identified that is likely to exist or accumulative cyclic effects may result develop on other products of this same in a fatigue failure. The actions interested persons. A report summarizing each FAA-public contact type design, the proposed AD would specified by the proposed AD are establish cyclic retirement lives for intended to prevent fatigue failure of concerned with the substance of this proposal will be filed in the Rules main shouldered shafts (tieshafts) and engine compressor components and an forward coupling shafts (stub shafts). inflight engine shutdown. Docket. Commenters wishing the FAA to The actions would be required to be DATES: Comments must be received by acknowledge receipt of their comments accomplished in accordance with the August 18, 1995. submitted in response to this notice SB’s described previously. ADDRESSES: Submit comments in must submit a self-addressed, stamped There are approximately 200 engines triplicate to the Federal Aviation postcard on which the following of the affected design in the worldwide Administration (FAA), New England statement is made: ‘‘Comments to fleet. The FAA estimates that 150 Region, Office of the Assistant Chief Docket Number 95–ANE–09.’’ The engines installed on aircraft of U.S. Counsel, Attention: Rules Docket No. postcard will be date stamped and registry would be affected by this 95–ANE–09, 12 New England Executive returned to the commenter. proposed AD, that it would take Park, Burlington, MA 01803–5299. approximately 80 work hours per engine Comments may be inspected at this Availability of NPRMs to accomplish the proposed actions, and location between 8:00 a.m. and 4:30 Any person may obtain a copy of this that the average labor rate is $60 per p.m., Monday through Friday, except NPRM by submitting a request to the work hour. Required parts would cost Federal holidays. FAA, New England Region, Office of the approximately $22,000 per engine for The service information referenced in Assistant Chief Counsel, Attention: engines where tieshafts and stub shafts the proposed rule may be obtained from Rules Docket No. 95–ANE–09, 12 New are not serviceable. Based on these AlliedSignal Engines Data Distribution, England Executive Park, Burlington, MA figures, the total cost impact of the Dept. 6403/2102–1M, P.O. Box 29003, 01803–5299. proposed AD on U.S. operators is Phoenix, AZ 85038–9003; telephone estimated to be $4,020,000. (602) 365–2493, FAX (602) 365–2210. Discussion The regulations proposed herein This information may be examined at Following an analysis of the would not have substantial direct effects the FAA, New England Region, Office of AlliedSignal Inc. Model TPE331–14GR on the States, on the relationship Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Proposed Rules 31933 between the national government and provided in paragraph (c) to request approval (c) An alternative method of compliance or the States, or on the distribution of from the FAA. This approval may address adjustment of the compliance time that power and responsibilities among the either no action, if the current configuration provides an acceptable level of safety may be various levels of government. Therefore, eliminates the unsafe condition, or different used if approved by the Manager, Los actions necessary to address the unsafe Angeles Aircraft Certification Office. The in accordance with Executive Order condition described in this AD. Such a request should be forwarded through an 12612, it is determined that this request should include an assessment of the appropriate FAA Principal Maintenance proposal would not have sufficient effect of the changed configuration on the Inspector, who may add comments and then federalism implications to warrant the unsafe condition addressed by this AD. In no send it to the Manager, Los Angeles Aircraft preparation of a Federalism Assessment. case does the presence of any modification, Certification Office. For the reasons discussed above, I alteration, or repair remove any engine from Note: Information concerning the existence certify that this proposed regulation (1) the applicability of this AD. of approved alternative methods of is not a ‘‘significant regulatory action’’ Compliance: Required as indicated, unless compliance with this airworthiness directive, under Executive Order 12866; (2) is not accomplished previously. if any, may be obtained from the Los Angeles a ‘‘significant rule’’ under the DOT To prevent fatigue failure of engine Aircraft Certification Office. compressor components and an inflight Regulatory Policies and Procedures (44 (d) Special flight permits may be issued in engine shutdown, accomplish the following: accordance with sections 21.197 and 21.199 FR 11034, February 26, 1979); and (3) if (a) For main shouldered shafts (tieshafts), promulgated, will not have a significant of the Federal Aviation Regulations (14 CFR Part Number (P/N) 3105102–1, initiate a life 21.197 and 21.199) to operate the aircraft to economic impact, positive or negative, limited part log card and remove from service a location where the requirements of this AD in accordance with the following schedule on a substantial number of small entities can be accomplished. under the criteria of the Regulatory and the following AlliedSignal Inc. Alert Service Bulletins (ASB’s): Issued in Burlington, Massachusetts, on Flexibility Act. A copy of the draft June 12, 1995. regulatory evaluation prepared for this (1) Determine CIS for the main shouldered shafts (tieshafts) as follows: Ronald L. Vavruska, action is contained in the Rules Docket. (i) For main shouldered shafts (tieshafts) Acting Manager, Engine and Propeller A copy of it may be obtained by installed in TPE331–14A and -14B engines, Directorate, Aircraft Certification Service. contacting the Rules Docket at the in accordance with ASB No. TPE331–A72– [FR Doc. 95–14871 Filed 6–16–95; 8:45 am] location provided under the caption 7128, dated June 10, 1994. ADDRESSES. (ii) For main shouldered shafts (tieshafts) BILLING CODE 4910±13±U installed in TPE331–14F engines, in List of Subjects in 14 CFR Part 39 accordance with ASB No. TPE331–A72- Air transportation, Aircraft, Aviation 7129, dated June 10, 1994. ENVIRONMENTAL PROTECTION safety, Safety. (iii) For main shouldered shafts (tieshafts) AGENCY installed in TPE331–15AW engines, in The Proposed Amendment accordance with ASB No. TPE331- A72– 40 CFR Part 52 7522, dated February 17, 1995. Accordingly, pursuant to the (2) For main shouldered shafts (tieshafts) [KY±67±1±6130b; FRL±5192±4 ] authority delegated to me by the with greater than 5,600 cycles in service (CIS) Administrator, the Federal Aviation on the effective date of this airworthiness Approval and Promulgation of Administration proposes to amend part directive (AD), or if operating hours or cycles Implementation Plans; Kentucky: Title 39 of the Federal Aviation Regulations are unknown, remove from service within V, Section 507, Small Business (14 CFR part 39) as follows: 400 CIS after the effective date of this AD. Stationary Source Technical and (3) For main shouldered shafts (tieshafts) Environmental Compliance Assistance PART 39ÐAIRWORTHINESS with 5,600 or less CIS on the effective date Program DIRECTIVES of this AD, remove from service prior to accumulating 6,000 CIS. AGENCY: Environmental Protection 1. The authority citation for part 39 (b) For forward coupling shafts (stub Agency (EPA) continues to read as follows: shafts), P/N 3104281–2, initiate a life limited part log card, reidentify the P/N, serialize the ACTION: Proposed rule. Authority: 49 U.S.C. App. 1354(a), 1421 forward coupling shaft (stub shaft), at the and 1423; 49 U.S.C. 106(g); and 14 CFR next major periodic inspection or complete SUMMARY: The EPA proposes to approve 11.89. disassembly of the compressor module after the State Implementation Plan (SIP) the effective date of this AD, whichever revision submitted by the § 39.13 [Amended] occurs first, and remove from service in Commonwealth of Kentucky for the 2. Section 39.13 is amended by accordance with the following AlliedSignal purpose of establishing a Small adding the following new airworthiness Inc. Service Bulletins (SB’s): Business Stationary Source Technical directive: (1) For forward coupling shafts (stub and Environmental Compliance shafts) installed in TPE331–14A and -14B AlliedSignal Inc.: Docket No. 95–ANE–09. engines, in accordance with SB No. TPE331– Assistance Program (PROGRAM), which Applicability: AlliedSignal Inc. Models 72–7130, dated June 17, 1994. will be fully implemented by November TPE331–14A, –14B, –14F, and –15AW (2) For forward coupling shafts (stub 15, 1994. In the final rules section of turboprop engines, installed on but not shafts) installed in TPE331–14F engines, in this Federal Register, the EPA is limited to the following aircraft: Piper Model accordance with SB No. TPE331–72–7131, approving the State’s SIP revision as a PA–42–1000 and Grumman Model TS–2A dated June 17, 1994. direct final rule without prior proposal (modified in accordance with Supplemental (3) For forward coupling shafts (stub because the Agency views this as a Type Certificate SA4837NM). shafts) installed in TPE331–15AW engines, noncontroversial revision amendment Note: This AD applies to each engine in accordance with SB No. TPE331–72–7523, and anticipates no adverse comments. A identified in the preceding applicability dated February 17, 1995. (4) Remove from service forward coupling detailed rationale for the approval is set provision, regardless of whether it has been forth in the direct final rule. If no modified, altered, or repaired in the area shafts (stub shafts) prior to accumulating subject to the requirements of this AD. For 20,000 CIS. adverse comments are received in engines that have been modified, altered, or Note: For guidance on the destruction or response to that direct final rule, no repaired so that the performance of the marking of parts no longer serviceable for further activity is contemplated in requirements of this AD is affected, the aviation use, see Advisory Circular 21–38, relation to this proposed rule. If EPA owner/operator must use the authority dated July 5, 1994. receives adverse comments, the direct 31934 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Proposed Rules final rule will be withdrawn and all SUMMARY: The EPA in this action 40 CFR Parts 52 and 81 public comments received will be proposes to approve the alternative addressed in a subsequent final rule emission reduction (bubble) plan for the [OH50±4±7071; FRL±5222±8] based on this proposed rule. The EPA Shell Oil Company’s Deer Park Approval and Promulgation of will not institute a second comment manufacturing complex as a revision to Implementation Plans and Designation period on this document. Any parties the Texas State Implementation Plan of Areas for Air Quality Planning interested in commenting on this (SIP). In the final rules section of this Purposes; Ohio document should do so at this time. Federal Register, the EPA is approving DATES: To be considered, comments the State’s SIP revision as a direct final AGENCY: United States Environmental must be received by July 19, 1995. rule without prior proposal because the Protection Agency. ADDRESSES: Written comments should Agency views this as a noncontroversial ACTION: Denial of comment period be addressed to: Ms. Kimberly Bingham, revision and anticipates no adverse extension on proposed rule. Regulatory Planning and Development comments. A detailed rationale for the Section, Air Programs Branch, Air, approval is set forth in the direct final SUMMARY: On May 2, 1995, the United Pesticides & Toxics Management rule. If no adverse comments are States Environmental Protection Agency Division, Region 4 Environmental received in response to this proposed (USEPA) published a proposed rule (60 Protection Agency, 345 Courtland rule, no further activity is contemplated FR 21490) and a direct final rule (60 FR Street, NE., Atlanta, Georgia 30365. in relation to this rule. If the EPA 21456) approving a request by Ohio to Copies of the material submitted by receives adverse comments, the direct redesignate the Toledo ozone the Commonwealth of Kentucky may be final rule will be withdrawn, and all nonattainment area to attainment of the examined during normal business hours public comments will be addressed in a National Ambient Air Quality Standard at the following locations: subsequent final rule based on this for ozone, and also approving the State’s proposed rule. The EPA will not maintenance plan for this area. Several Air and Radiation Docket and institute a second comment period on commentors provided comments on the Information Center (Air Docket 6102), this action. Any parties interested in proposed approval, and made a general U.S. Environmental Protection commenting on this action should do so request that the USEPA extend the Agency, 401 M Street, SW., at this time. public comment period on the Washington, DC 20460. DATES: Comments on this proposed rule rulemaking. One commentor requested Environmental Protection Agency, an extension of the comment period so Region IV Air Programs Branch, 345 must be received in writing by July 19, 1995. that concerns about increased vehicle Courtland Street, NE., Atlanta, emissions caused by new road ADDRESSES: Georgia 30365. Written comments on this contruction projects and a possible Department for Environmental action should be addressed to Mr. Guy increase in highway tolls can be Protection, Division for Air Quality, Donaldson, Acting Chief, Planning evaluated and addressed. The USEPA is 803 Schenkel Lane, Frankfort, Section, at the EPA Regional Office denying the extension requests for the Kentucky 40601. listed below. Copies of the documents following reasons: Ohio solicited public FOR FURTHER INFORMATION CONTACT: Ms. relevant to this action are available for comments on the issues associated with Kimberly Bingham, Regulatory Planning public inspection during normal redesignating the Toledo area in October and Development Section, Air Programs business hours at the following 1993; the USEPA announced its Branch, Air, Pesticides & Toxics locations. The interested persons conclusions regarding the request to the Management Division, Region IV wanting to examine these documents press 6 weeks before publishing the Environmental Protection Agency, 345 should make an appointment with the action; justification was not provided Courtland Street, N.E., Atlanta, Georgia appropriate office at least twenty-four that extending the comment period 30365. The telephone number is (404) hours before the visiting day. would significantly enhance public 347–3555 extension 4195. U.S. Environmental Protection Agency, input; the USEPA will address the SUPPLEMENTARY INFORMATION: For Region 6, Air Programs Branch (6T– commentors’ concerns in a final rule additional information see the direct A), 1445 Ross Avenue, suite 700, document; and no parties wishing to final rule which is published in the Dallas, Texas 75202. actually make additional comments rules section of this Federal Register. Texas Natural Resource Conservation were identified. The USEPA notes that Dated: April 10, 1995. Commission, 12124 Park 35 Circle, a public function for the rulemaking Austin, Texas 78753. Patrick M. Tobin, package was held on March 14, 1995, in Toledo, Ohio, and it was shown on Acting Regional Administrator. FOR FURTHER INFORMATION CONTACT: Ms. television news programs. Based on the [FR Doc. 95–14449 Filed 6–16–95; 8:45 am] Leila Yim Surratt or Mr. Herb Sherrow, Planning Section (6T-AP), Air Programs factors discussed above, since the public BILLING CODE 6560±50±P Branch, EPA Region 6, 1445 Ross was made aware of this rulemaking Avenue, Dallas, Texas 75202–2733, action, and because no party has sought to submit comments after the comment 40 CFR Part 52 telephone (214) 665–7214. period, the USEPA does not believe that SUPPLEMENTARY INFORMATION: See the an extension of the comment period is [TX±37±1±6323b; FRL±5162±1] information provided in the direct final warranted. The USEPA is withdrawing action of the same title which is located Approval and Promulgation of Air the direct final rule mentioned above in in the final rules section of this Federal Quality Implementation Plans; Texas; a final rule published elsewhere in this Register. Alternative Emission Control Plan For issue of the Federal Register. Shell Oil Company, Deer Park, TX Dated: February 8, 1995. FOR FURTHER INFORMATION CONTACT: William B. Hathaway, AGENCY: Environmental Protection Angela Lee, Regulation Development Agency (EPA). Acting Regional Administrator. Section, Air Enforcement Branch (AE– [FR Doc. 95–14853 Filed 6–16–95; 8:45 am] 17J), U.S. Environmental Protection ACTION: Proposed rule. BILLING CODE 6560±50±P Agency, Region 5, 77 West Jackson Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Proposed Rules 31935 Boulevard, Chicago, Illinois 60604. Management: (1) impose a $500 fee to of intent to conduct onshore oil and gas Telephone: (312) 353–5142. recover the costs of processing a notice geophysical exploration operations. Authority: 42 U.S.C. 7401–7671q. of intent to conduct oil and gas b. The effect of an additional charge geophysical exploration operations; and Dated: June 7, 1995. for the use of the surface of Federal (2) establish and implement procedures lands while conducting oil and gas Valdas V. Adamkus, for charging operators fair market value geophysical surveys. (The additional Regional Administrator. for use of Federal lands during onshore charge would not apply to a Federal [FR Doc. 95–14851 Filed 6–16–95; 8:45 am] oil and gas geophysical exploration and lessee conducting such activities on its BILLING CODE 6560±50±P seismic surveys. own leases.) Office of Management and Budget c. The most appropriate method of Circular No. A–25, as amended and determining the additional charge for DEPARTMENT OF THE INTERIOR supplemented, requires agencies to surface use, including the following establish user charges based on sound possibilities: Bureau of Land Management management principles and, to the 1. Whether the surface use charge extent feasible, in accordance with should be based on a flat rate of $200 43 CFR Part 3150 commercial practices. The charges need per seismic line mile or fraction thereof; [WO±610±4110±02 1A] not be limited to the recovery of costs; 2. Whether the surface use charge they may also produce net revenues to RIN 1004±AC25 should be based on the size of the area the Federal Government. The Federal affected by the survey, e.g., $800 per Onshore Oil and Gas Geophysical Land Policy and Management Act section or square mile involved. Exploration (FLPMA) (43 U.S.C. 1701 et seq.) 3. Whether the surface use charge reaffirmed long-standing Congressional options in 1. and 2., above, should be AGENCY: Bureau of Land Management, support of fair market value as a basis higher for those seismic methods Interior. for fees. Section 102(a) of FLPMA (43 involving more extensive surface ACTION: Advance notice of proposed U.S.C. 1701(a)) states that it is the policy disturbance. rulemaking. of the United States that the United The public is invited to raise any States must receive fair market value for additional issues of concern related to SUMMARY: The Bureau of Land the use of the public lands and their the proposed processing fee and surface Management gives notice of its intention resources unless otherwise provided for use charges for geophysical exploration to propose a rule to: Impose a fee to by statute. Section 304 of FLPMA (43 operations, including any other factors recover costs incurred for processing U.S.C. 1734) authorizes the Secretary to that should be considered in notices of intent to conduct onshore oil establish reasonable filing and service determining the reasonableness of the and gas geophysical exploration; and fees and reasonable charges. proposed fee and charge. This advance notice of proposed establish guidelines for charging fair The principal author of this advance rulemaking presents only a general market value for the use of Federal notice of proposed rulemaking is Gloria description of the actions being lands during onshore oil and gas Jean Austin of the of Fluids Group, considered and includes no regulatory geophysical exploration operations. The Compliance Team, assisted by the staff purpose of this notice is to solicit text. The Bureau of Land Management of the Regulatory Management Team, comments to help guide preparation of Bureau of Land Management. the proposed rule. currently charges no filing fee for Dated: June 13, 1995. DATES: Comments on the advance notice notices of intent (NOI) for oil and gas of proposed rulemaking must be geophysical exploration for lands Sylvia V. Baca, received by August 21, 1995. Comments outside of Alaska. Other Federal Acting Assistant Secretary of the Interior. postmarked after this date may not be agencies, including the Forest Service, [FR Doc. 95–14933 Filed 6–16–95; 8:45 am] considered in the preparation of the the Fish and Wildlife Service, and the BILLING CODE 4130±84±P proposed rule. Bureau of Indian Affairs, issue permits and charge fees for oil and gas ADDRESSES: Comments should be sent to: Director (140), Bureau of Land geophysical exploration. Additionally, DEPARTMENT OF DEFENSE Management, Room 5555, 1849 C Street, several State governments charge fees N.W., Washington, D.C. 20240. for geophysical exploration. Research GENERAL SERVICES Comments can also be sent to has shown that BLM incurs costs per ADMINISTRATION [email protected]. Please include case estimated to range from $450 to ‘‘attn: AC25’’ and your name and return $1,500 in processing and monitoring NATIONAL AERONAUTICS AND address in your internet message. each NOI. SPACE ADMINISTRATION Most agencies base charges for Comments will be available for public conducting geophysical surveys on line review at the above address during 48 CFR Parts 4, 12, 14, 15, 16, 31, 33, miles of the seismic survey. However, regular business hours (7:45 a.m. to 4:15 36, 45, 46, 49, 52, and 53 some agencies use the number of shot p.m.), Monday through Friday. holes or other criteria to calculate the [FAR Case 94±721] FOR FURTHER INFORMATION CONTACT: charge and/or fee. Charges range from RIN 9000±AG30 Erick Kaarlela, Leader, Compliance nothing up to about $1,000 per line Team, Bureau of Land Management, mile, with the average being a few Federal Acquisition Regulation; Truth (202) 452–0340. hundred dollars per line mile. in Negotiations Act and Related SUPPLEMENTARY INFORMATION: The rule In publishing this advance notice of Changes will be proposed based on intent to propose rulemaking, the recommendations by the Office of the Bureau of Land Management requests AGENCIES: Department of Defense (DOD), Inspector General (OIG) for the information and public comments on: General Services Administration (GSA), Department of the Interior. The OIG a. The effect of charging a $500 fee to and National Aeronautics and Space recommended that the Bureau of Land recover the cost of processing a notice Administration (NASA). 31936 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Proposed Rules ACTION: Extension of comment period a copy by contacting the FAR period and other issues that were raised and notice of public meeting. Secretariat. at the public hearing held on 13 February 1995: B. Case Summary SUMMARY: This public notice is issued to • The coverage has been edited to familiarize the public with the status of FAR case 94–721 implements improve readability. the rulemaking effort on FAR Case 94– Sections 1201 through 1210 and • The hierarchical policy at FAR 721, Truth in Negotiations Act and Sections 1251 and 1252 of FASA. 15.802 has been clarified to ensure that Related Changes (TINA), which Highlights include making TINA it is consistent with TINA and FASA. implements the Federal Acquisition requirements for civilian agencies • Regulatory guidance implementing Streamlining Act of 1994 (FASA), to substantially the same as those for the the catalog or market price exception to extend the period for public comment, Department of Defense (increasing the TINA has incorporated more flexible and to provide notice of a public threshold for submission of ‘‘cost or procedures (See FAR 52.215–41). meeting. The TINA drafting team has pricing data’’ to $500,000 and adding made some refinements to the proposed penalties for defective pricing). —The Standard Form (SF) 1412 is rule that was published in the January Provisions are also included that eliminated. 6, 1995, Federal Register. The revised increase the threshold for cost or pricing —Relational tests have been eliminated. coverage has been mailed to the public data submission every 5 years beginning —Disclosure of lowest prices is no commenters on FAR Case 94–721 and October 1, 1995. New exceptions are longer mandated. copies may be obtained by other added to the requirement for the —TINA-based postaward audit access is interested parties. submission of ‘‘cost or pricing data’’ for no longer required. DATES: Comment Date: Comments commercial items; approval levels for —Expanded guidance is provided on should be submitted to the FAR waivers are changed, and prohibitions what constitutes substantial sales. Secretariat at the address shown below are placed on acquiring ‘‘cost or pricing —Requirement for offerors to account on or before July 19, 1995. data’’ when an exception applies. The for ‘‘end users’’ when addressing sales Meeting Date: The meeting will be coverage includes a clear explanation of to the general public has been held at 2:00 p.m. on July 7, 1995. adequate price competition as required eliminated. —Reference to GSA certifications for ADDRESSES: A copy of the revised by the Act. coverage may be obtained by calling the Also, FAR coverage has been included granting a prior exemption under FAR FAR Secretariat at 202–501–4755. that addresses (1) ‘‘information other 15.804–1(c)(1)(ii)(B) is removed. Interested parties should submit written than cost or pricing data’’, (2) • Flexibility in requesting an comments to: General Services exemptions based on established catalog exception to TINA is improved via a Administration, FAR Secretariat (VRS), or market price, (3) inter-divisional generic provision at FAR 52.215–41 that 18th & F Streets, NW, Room 4037, transfers of commercial items at price, provides broad guidelines on the type of Washington, DC 20405. and (4) price competition when only data that would be needed to qualify for The public meeting will be held at: one offer has been received. a TINA exception. General Services Administration, The FAR language primarily modifies • A ‘‘Commercial Item’’ definition National Capital Region Auditorium, FAR Part 15, together with associated cross-reference is given. 7th & D Streets, SW, Washington, DC Part 52 clauses and Part 53 forms. • A definition of ‘‘cost realism’’ has 20407. Please cite FAR case 94–721 in However, some coverage addresses been added. all correspondence related to this case. contract clauses where threshold • Additional data requirements have changes are made in Part 14 pertaining FOR FURTHER INFORMATION CONTACT: been removed for qualification under to sealed bid contracting, and in Part 31 Mr. Al Winston, Truth in Negotiations the commercial item exception created where the cost principle on material Act (TINA) Team Leader, at (703) 602– by FASA (rebates, credits, warranties, costs has been amended to address 2119 in reference to this FAR case. For and sales to resellers). inter-divisional transfers of commercial general information, contact the FAR • Expanded guidance is provided on items at price. Additional miscellaneous Secretariat, Room 4037, GSA Building, effective dates for certification of cost or changes in Parts 4, 12, 15, 16, 31, 33, 36, Washington, DC 20405 (202) 501–4755. pricing data. 45, 46, 49, and 53 have also been Please cite FAR case 94–721. included. E. Presentations at the Public Meeting SUPPLEMENTARY INFORMATION: When a final rule is promulgated, it To allow the public to present its will also supersede the earlier FAR case A. Background views on the refinements to this 94–720 that was previously published proposed rule, a public meeting will be On January 6, 1995, a proposed rule as an interim rule in Federal held at the GSA National Capital Region was published in the Federal Register Acquisition Circular (FAC) 90–22. FAR Auditorium on July 7, 1995. Persons or (60 FR 2282). The proposed rule case 94–720 provided for an immediate organizations wishing to make afforded the public a 60 day comment increase of the threshold for ‘‘cost or presentations will be allowed 10 period. During that time, 40 pricing data’’ submission by contractors minutes to present their views, provided organizations submitted more than 213 to civilian agencies to $500,000. FAC they notify the FAR Secretariat at (202) comments. A public meeting was also 90–22 (FAR case 94–720) also removed 501–4745 and provide an advance copy held on this rule on February 13, 1995. the certification requirement of of their remarks not later than July 5, Based upon comments received, the commercial pricing for parts or 1995. TINA drafting team refined the components for contractors doing coverage. Accordingly, a copy of revised business with civilian agencies. Dated: June 13, 1995. coverage has been mailed to previous Edward C. Loeb, public commenters on FAR Case 94– C. Summary of Changes Deputy Project Manager for the 721. The purpose of this notice is to The following are highlights of Implementation of the Federal Acquisition advise the public generally of the changes that have been made to the Streamlining Act. availability of the revised coverage and proposed rule as a result of the written [FR Doc. 95–14832 Filed 6–16–95; 8:45 am] enable other interested parties to obtain comments received during the comment BILLING CODE 6820±JC±M Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Proposed Rules 31937 DEPARTMENT OF TRANSPORTATION exemption is sought (the affected model and parts from San Marcos, California to year) and that will manufacture fewer Battle Creek, Michigan. Because of new National Highway Traffic Safety than 10,000 passenger automobiles in ownership and lack of knowledge of the Administration the affected model year. In determining required procedures of 49 CFR 525, the maximum feasible average fuel MedNet believed that it was exempted 49 CFR Part 531 economy, the agency is required under from the standards based on Dutcher’s [Docket No. 95±45; Notice 1] 49 U.S.C. 32902(f) to consider: prior exemption (56 FR 37478). Dutcher (1) Technological feasibility has filed several petitions requesting Passenger Automobile Average Fuel (2) Economic practicability exemptions from the generally Economy Standards; Proposed (3) The effect of other Federal motor applicable CAFE standards for MYs Decision To Grant Exemption vehicle standards on fuel economy, and 1986–1988 and MYs 1992–1995. (4) The need of the Nation to conserve Dutcher’s most recent petition was AGENCY: National Highway Traffic energy. submitted on December 5, 1990, Safety Administration (NHTSA), DOT. The statute at 49 U.S.C. 32902(d)(2) requesting alternative standards for MYs ACTION: Proposed decision. permits NHTSA to establish alternative 1992–1995. The agency granted the average fuel economy standards petition and established an alternate SUMMARY: This proposed decision applicable to exempted low volume responds to a petition filed by MedNet standard of 17.0 miles per gallon (mpg) manufacturers in one of three ways: (1) for MYs 1992–1995. Incorporated requesting that it be a separate standard for each exempted exempted from the generally applicable Under the circumstances outlined manufacturer; (2) a separate average fuel above, NHTSA determines good cause is average fuel economy standard of 27.5 economy standard applicable to each miles per gallon (mpg) for model years shown by MedNet for the submission of class of exempted automobiles (classes its untimely petition. 1996 through 1998, and that lower would be based on design, size, price, alternative standards be established. In or other factors); or (3) a single standard Classification of Dutcher PTV as a this document, NHTSA proposes that for all exempted manufacturers. Passenger Automobile the requested exemption be granted and Background Information on MedNet Due to differences in the definitions that an alternative standard of 17.0 mpg used by this agency under the Cost be established for MY 1996, MY 1997, MedNet Incorporated (MedNet) is a Savings Act for CAFE purposes and the and MY 1998, for MedNet. small company that will produce the Environmental Protection Agency under DATES: Comments on this proposed Dutcher Paratransit Vehicle (PTV). the Clean Air Act for emissions control decision must be received on or before Dutcher Motors, Inc. (Dutcher), the purposes, the Dutcher PTV is classified August 3, 1995. previous manufacturer of these vehicles, differently by these two agencies. The ADDRESSES: Comments on this proposal was chartered in 1984 to manufacture a Environmental Protection Agency (EPA) must refer to the docket number and limited quantity of special purpose classified the predecessor to the Dutcher notice number in the heading of this vehicles—Dutcher PTV. Since its PTV, the Transitaxi, as a ‘‘light duty notice and be submitted, preferably in establishment, Dutcher produced only truck’’ for emissions compliance due to ten copies, to: Docket Section, Room two vehicles. MedNet recently acquired that model’s derivation from existing 5109, National Highway Traffic Safety Dutcher’s assets. Dutcher’s willingness truck components. (40 CFR 86.02–2). Administration, 400 Seventh Street, to sell to MedNet was based on its own However, NHTSA concluded that the S.W., Washington, DC 20590. Docket inability to produce the Dutcher PTV Transitaxi was a ‘‘passenger hours are 9:30 a.m. to 4 p.m., Monday vehicles. MedNet now intends to automobile’’ for fuel economy purposes. through Friday. produce the Dutcher PTV. The Dutcher Both the Transitaxi and the Dutcher PTV is a large passenger car intended to FOR FURTHER INFORMATION CONTACT: Ms. PTV are passenger automobiles under be used in providing transportation for Henrietta Spinner, Office of Market the definition in 49 CFR 523.4 since mobility-impaired individuals. MedNet Incentives, NHTSA, 400 Seventh Street, each transports not more than 10 intends to begin production of the SW, Washington, DC 20590. Ms. individuals and does not meet any Dutcher PTV in the summer of 1995 and Spinner’s telephone number is: (202) configurational or usage criteria for light anticipates manufacturing 100, 250, and 366–4802. trucks given in 49 CFR 523.5. MedNet 500 vehicles, respectively for MYs 1996, plans to produce the Dutcher PTV SUPPLEMENTARY INFORMATION: 1997, and 1998. without substantial change from the Statutory Background MedNet’s Petition design used by Dutcher for the Pursuant to 49 U.S.C. section On June 27, 1994, MedNet petitioned Transitaxi. NHTSA therefore concludes 32902(d), NHTSA may exempt a low NHTSA for exemption from CAFE that the Dutcher PTV to be produced in volume manufacturer of passenger standards for model years (MYs) 1996, MY’s 1996–1998 is a ‘‘passenger automobiles from the generally 1997, and 1998. MedNet’s petition was automobile’’ for fuel economy purposes. applicable average fuel economy filed less than 24 months prior to the Methodology Used To Project standards if NHTSA concludes that beginning of model year 1996 as Maximum Feasible Average Fuel those standards are more stringent than required by 49 CFR Part 525.6. The Economy Level for MedNet the maximum feasible average fuel petition can be accepted late if ‘‘good economy for that manufacturer and if cause for late submission is shown’’ as Baseline Fuel Economy NHTSA establishes an alternative stated in 49 CFR 525.6. The reason for To project the level of fuel economy standard for that manufacturer at its MedNet’s late submission for MY 1996 which could be achieved by MedNet in maximum feasible level. Under the is its recent acquisition of Dutcher MYs 1996–1998, the agency considered statute, a low volume manufacturer is Motors, Inc. (Dutcher) assets. Dutcher’s whether there were technical or other one that manufactured (worldwide) willingness to sell to MedNet was based improvements that would be feasible for fewer than 10,000 passenger on its own inability to produce the these vehicles, and whether or not the automobiles in the second model year Dutcher PTV vehicles. Thereafter, company currently plans to incorporate before the model year for which the MedNet relocated Dutcher’s equipment such improvements in the vehicles. The 31938 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Proposed Rules agency reviewed the technological MedNet incorporates in its Dutcher achievable CAFE levels, since they feasibility of any changes and their PTV flush windows and door handles, result in increased vehicle weight. As economic practicability. a bottom cover, and a smooth front previously noted, MedNet is a small NHTSA interprets ‘‘technological cowl, all of which reduce drag on the company, and engineering resources are feasibility’’ as meaning that technology vehicle. MedNet’s low dynamometer limited. Priority must be given to which would be available to MedNet for horsepower setting for certification meeting mandatory standards to remain use on its MY 1996 through 1998 testing, as shown in the table below, in the marketplace. automobiles, and which would improve when compared to other small the fuel economy of those automobiles. passenger vans and wagons, illustrates The Need of the Nation to Conserve The areas examined for technologically that the Dutcher PTV uses good Energy feasible improvements were weight aerodynamic design equivalent to The agency recognizes there is a need reduction, aerodynamic improvements, current industry standards. to conserve energy, to promote energy engine improvements, drive line security, and to improve balance of improvements, and reduced rolling DYNAMOMETER SETTING COMPARISON payments. However, as stated above, resistance. NHTSA has tentatively determined that The agency interprets ‘‘economic Actual dyna- practicability’’ as meaning the financial Model mometer it is not technologically feasible or capability of the manufacturer to horsepower economically practicable for MedNet to achieve an average fuel economy in improve its average fuel economy by Dutcher PTV ...... 12.5 incorporating technologically feasible MYs 1996 through 1998 above the levels Ford Aerostar* ...... 11.2 set forth in this proposed decision. changes to its MYs 1996 through 1998 GM Astro* ...... 17.9 automobiles. In assuming that Toyota Previa* ...... 14.0 Granting an exemption to MedNet and capability, the agency has always Chrysler Caravan/Voyager* .. 11.8 setting an alternative standard at that considered market demand as an Mercury Villager* ...... 10.1 level would result in only a negligible implicit part of the concept of economic Chevrolet Caprice Wagon .... 8.5 increase in fuel consumption and would not affect the need of the Nation to practicability. *These vehicles are classified by EPA as In accordance with the concerns of light trucks. conserve energy. economic practicability, NHTSA has To achieve maximum weight Maximum Feasible Average Fuel considered only those improvements reduction, the body is made primarily of Economy for MedNet which would be compatible with the fiberglass. basic design concepts of MedNet MedNet’s only significant opportunity The agency has tentatively concluded automobiles. Since NHTSA assumes for improvement will be the result of that it would not be technologically that MedNet will continue to sell any improvements which GM decides feasible and economically practicable vehicles exclusively designed to be used for its own purposes to make in the for MedNet to improve the fuel for transporting the wheelchair bound engine and drivetrain it will supply for economy of its MY 1996 through 1998 or other mobility-impaired individuals, MedNet. MedNet’s role will be limited above an average of 17.0 mpg for MY design changes that would impair the to attempting to modify the drivetrain to 1996, 17.0 mpg for MY 1997, and 17.0 ability of the vehicle to perform this meet emissions requirements. mpg for MY 1998. Federal automobile function were not considered. Such standards would not adversely affect changes to the basic design would be Model Mix achievable fuel economy beyond the economically impracticable since they Since only one vehicle model will be amount already factored into MedNet’s might well significantly reduce the built for MY’s 1996–1998, the MedNet projections, and the national effort to demand for these automobiles, thereby corporate average fuel economy is based conserve energy would not be affected reducing sales and causing significant on the fuel economy of that one model, by granting the requested exemption economic injury to the low volume the Dutcher PTV, and cannot be and establishing an alternative standard. manufacturer. averaged in with the fuel economy of Consequently, the agency tentatively any other models. Technology for Fuel Economy concludes that the maximum feasible Improvement The Effect of Other Vehicle Standards average fuel economy for MedNet is Due to MedNet’s limited financial The new more stringent California 17.0 mpg in MY 1996, 17.0 mpg in MY resources, small engineering staff, very emission standards enacted in MY 1995 1997, and 17.0 mpg in MY 1998. low production volume, and assemblage and the similarly stringent Federal NHTSA tentatively concludes that it of stock components, few opportunities Clean Air Act Amendments will apply would be appropriate to establish a for technological improvement for fuel in MY 1996. MedNet may achieve lower separate standard for MedNet for the economy exist. MedNet uses General fuel economy due to compliance with following reasons. For MY 1996, the Motors 3.8 liter electronically fuel these standards. In addition, a portion of agency has already granted petitions for injected V–6 engines and four speed its limited engineering resources will an alternative standard of 14.6 mpg for automatic transmissions for its MYs have to be expended to comply with Rolls-Royce. The agency has also 1996–1998 prototypes. Therefore, these more stringent emissions received a petition from Rolls-Royce for MedNet depends entirely on the standards including, but not limited to, an alternative standard for MY 1997. supplier of the engine and drivetrain for evaporative emission standards. Therefore, the agency cannot use the technological improvements in fuel Federal safety standards also have an second (class standards) or third (single efficiency of the engine and drivetrain. adverse effect on fuel economy of standard for all exempted MedNet uses a four-speed automatic Dutcher PTV vehicles. These standards manufacturers) approaches for MYs transmission with lockup torque include 49 CFR Part 581 Energy 1996 and 1997. In order to avoid undue converter clutch, one of the more absorbing bumpers, Standard No. 214 hardship to MedNet, given its limited efficient transmission designs. The Side impact protection, and Standard ability to improve the fuel economy of constant velocity universal joints are a No. 208, Occupant crash protection. its vehicles, the use of a single standard low friction design. These standards tend to reduce will be allowed by MY 1998 as well. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Proposed Rules 31939 Regulatory Impact Analyses Necessary attachments may be § 531.5 Fuel economy standards. NHTSA has analyzed this proposal appended to these submissions without * * * * * and determined that neither Executive regard to the 15 page limit. This (b) The following manufacturers shall Order 12866 nor the Department of limitation is intended to encourage comply with the standards indicated Transportation’s regulatory policies and commenters to detail their primary below for the specified model years: procedures apply. Under Executive arguments in a concise fashion. * * * * * If a commenter wishes to submit Order 12866, the proposal would not (12) MedNet, Inc. certain information under a claim of establish a ‘‘rule,’’ which is defined in confidentiality, three copies of the the Executive Order as ‘‘an agency Average fuel complete submission, including economy statement of general applicability and purportedly confidential business Model year standard future effect.’’ The proposed exemption information, should be submitted to the (miles per gal- is not generally applicable, since it lon) Chief Counsel, NHTSA, at the street would apply only to MedNet, Inc., as address given above, and seven copies discussed in this notice. Under DOT 1996 ...... 17.0 from which the purportedly confidential 1997 ...... 17.0 regulatory policies and procedures, the business information has been deleted, 1998 ...... 17.0 proposed exemption would not be a should be submitted to the Docket ‘‘significant regulation.’’ If the Executive Section. A request for confidentiality Issued on: June 14, 1995. Order and the Departmental policies should be accompanied by a cover letter Barry Felrice, and procedures were applicable, the setting forth the information specified in Associate Administrator for Safety agency would have determined that this the agency’s confidential business Performance Standards. proposed action is neither major nor information regulation. 49 CFR part 512. [FR Doc. 95–14904 Filed 6–16–95; 8:45 am] significant. The principal impact of this All comments received before the BILLING CODE 4910±59±P proposal is that the exempted company close of business on the comment would not be required to pay civil closing indicated above for the proposal penalties if its maximum feasible will be considered, and will be available 49 CFR Parts 564 and 571 average fuel economy were achieved, for examination in the docket at the and purchasers of those vehicles would above address both before and after that [Docket No. 95±47; Notice 1] not have to bear the burden of those date. To the extent possible, comments RIN 2127±AF65 civil penalties in the form of higher filed under the closing date will also be prices. Since this proposal sets an considered. Comments received too late Replaceable Light Source Information; alternative standard at the level for consideration in regard to the final Federal Motor Vehicle Safety determined to be MedNet’s maximum rule will be considered as suggestions Standards Lamps, Reflective Devices, feasible level for MYs 1996 through for further rulemaking action. and Associated Equipment 1998, no fuel would be saved by Comments on the proposal will be establishing a higher alternative AGENCY: National Highway Traffic available for inspection in the docket. Safety Administration (NHTSA), DOT. standard. NHTSA finds that because of NHTSA will continue to file relevant ACTION: Notice of proposed rulemaking. the minuscule size of the MedNet fleet, information as it becomes available in that incremental usage of gasoline by the docket after the closing date, and it SUMMARY: This notice proposes to MedNet customers would not affect the is recommended that interested persons amend the Federal motor vehicle safety nation’s need to conserve gasoline. continue to examine the docket for new standard on lighting to allow high There would not be any impacts for the material. intensity discharge (HID) light sources public at large. Those persons desiring to be notified to be used in replaceable bulb headlamp The agency has also considered the upon receipt of their comments in the systems, in addition to their presently- environmental implications of this rules docket should enclose a self- allowed use in integral beam headlamp proposed exemption in accordance with addressed, stamped postcard in the systems. Adoption of this amendment the National Environmental Policy Act envelope with their comments. Upon would require corresponding and determined that this proposed receiving the comments, the docket amendments to part 564, the regulation exemption if adopted, would not supervisor will return the postcard by under which Docket No. 93–11 was significantly affect the human mail. established as a depository for environment. Regardless of the fuel replaceable light source information. economy of the exempted vehicles, they List of Subjects in 49 CFR Part 531 However, if the life of the light source must pass the emissions standards Energy conservation, Gasoline, approaches that of the vehicle, as is the which measure the amount of emissions Imports, Motor vehicles. case with HIDs, interchangeability will per mile traveled. Thus, the quality of In consideration of the foregoing, 49 no longer be so important. Therefore, the air is not affected by the proposed CFR part 531 would be amended to read NHTSA proposes adding regulations exemptions and alternative standards. as follows: which would allow a manufacturer to Further, since the exempted passenger submit fewer items of dimensional automobiles cannot achieve better fuel PART 531Ð[AMENDED] information if it can demonstrate that economy than is proposed herein, 1. The authority citation for part 531 the average rated laboratory life of its granting these proposed exemptions would be revised to read as follows: light source is not less than 2,000 hours. would not affect the amount of fuel used. Authority: 49 U.S.C. 32902, delegation of DATES: Comments are due on the Interested persons are invited to authority at 49 CFR 1.50. proposal by August 18, 1995. submit comments on the proposed 2. In § 531.5, the introductory text of FOR FURTHER INFORMATION CONTACT: decision. It is requested but not required paragraph (b) is republished for the Kenneth O. Hardie, Office of that 10 copies be submitted. convenience of the reader and Rulemaking (202–366–6987). All comments must not exceed 15 paragraph (b)(12) would be added to SUPPLEMENTARY INFORMATION: On April pages in length (49 CFR 553.21). read as follows: 8, 1994, NHTSA published a notice in 31940 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Proposed Rules the Federal Register calling attention to These sources are permitted because within it) and externally connected to it. four new technologies that are being or Standard No. 108 does not specify A long arc light source is considered a will be used in signal lamps and requirements for signal light sources. ‘‘bulb’’ and would be tested at its headlamps subject to Standard No. 108 NHTSA received no specific manufacturer’s specified design voltage. (59 FR 16788). These new signal lamp recommendations on how to amend The allowance of long arc technology technologies are light-emitting diodes Standard No. 108 to facilitate the use of for signal lamps may raise issues (LEDs), miniature halogen bulbs, long long arc lighting technology. Some relating to intensity, headlamp/daytime arc discharge bulb systems (e.g., neon commenters noted that the Society of running lamp spacing, and aspect ratio and other gas filled tubular lamps), and Automotive Engineers (SAE) is drafting because this technology may result in short arc discharge bulb systems. The a recommended practice for long arc unique and creative lamp shapes and notice noted that it is likely that the sources, but estimated that its design variations that influence the latter will be used in headlamps, too. completion date is well in the future. efficacy of signal lamps. For example, Twenty-five comments were received OSRAM Sylvania commented that it has Standard No. 108 does not specify an in response to the notice. Among those developed a long arc (neon) Center High aspect ratio for stop lamps. As an who commented were Ford Motor Mounted Stop Lamp (CHMSL) that is example, although a CHMSL must have Company, General Motors Corporation almost ready for production, and it an effective projected luminous lens (GM), American Automobile recommended that NHTSA amend area of not less than 41⁄2 square inches, Manufacturers Association (AAMA), Standard No. 108 to state clearly that the requirement can be met by both a Koito Manufacturing Co. Ltd., Hewlett- long arc sources may be tested as a rectangular lens of 2 inches by 21⁄2 Packard, Hella KG Hueck & Co. (Hella), system for compliance with Standard inches and one of 10 inches by .45 inch Volkswagen of America (VWoA), No.108 (which would allow testing with because Standard No. 108 contains no General Electric Company (GE), OSRAM the ballast). limitations on signal lamp length or Sylvania, Inc. (OSRAM), Stanley As currently being developed, long height. Electric Co. Ltd. (Stanley), and State arc technology such as neon may be Because the efficacy of long arc Farm Insurance. used to provide tail, stop, and turn technology for signal lamps is still being On the basis of the comments signal lighting. Long and short arc researched, NHTSA will propose no received, NHTSA has decided to initiate discharge lamps are similar in some changes at this time, and will seek rulemaking that would amend Standard respects. Both require ballasts to further information on the issues of No. 108 so as to allow replaceable bulb transform the 12.8 volt vehicle electrical lamp spacing, effective luminous lens headlamps to incorporate short arc supply into an output format necessary area, aspect ratio between lamps, discharge light sources. It is terminating to operate the discharge tube or bulb. appropriate photometric requirements, action on the other lighting technologies Both operate at voltages substantially and interchangeability. It may also be for the reasons explained below. higher than the nominal 12.8 volts of a necessary to obtain information from standard automobile battery. The ballast manufacturers regarding the operating I. Long and Short Arc Discharge voltage of an arc lamp source as used on Systems elevates the voltage output of the battery to the level required by the lamp. a motor vehicle. This would be for the With the thought of developing NHTSA wishes to assure OSRAM that purpose of providing a source voltage appropriate amendments to Standard Standard No. 108 already permits equivalent to the design voltage that is No. 108 to facilitate the introduction of testing of long arc light sources with required for compliance testing long and short arc discharge technology, their ballast. The agency interprets purposes if NHTSA decided to perform NHTSA sought comments on the Paragraph S5.1.1.16 as permitting this. testing without the system’s original following: This paragraph states: ballast. A. Identification of the performance Short arc discharge headlamp systems requirements and/or test procedures S5.1.1.16 A lamp designed to use a type of are commonly referred to as ‘‘high specified, or incorporated by reference, bulb that has not been assigned a mean intensity discharge’’ (HID) systems. spherical candlepower rating by its Presently, the only HID application in in Standard No. 108 that should be manufacturer and is not listed in SAE modified to accommodate the Standard J573d, Lamp Bulbs and Sealed production for lamps covered by installation of arc discharge light Units, December 1968, shall meet the Standard No. 108 is in headlamps, and sources in lamps required by the applicable requirements of this standard the only way HID headlamps can be standard. when used with any bulb of the type used under the standard is in an B. Specification of the performance specified by the lamp manufacturer, operated ‘‘integral beam headlighting system’’ requirements and/or test procedures at the bulb’s design voltage. A lamp that (Section S7.4). Thus, today, HID that should be added to Standard No. contains a sealed-in bulb shall meet these headlamps are comprised of a headlamp 108 to accommodate the installation of requirements with the bulb operated at the body (including reflector and lens), a arc discharge light sources while bulb’s design voltage. small transparent envelope containing a maintaining the present level of safety While this does not specifically specific mixture of gases under high achieved by incandescent filament light mention long arc light sources with pressure (the discharge bulb), and an sources. ballasts, the second sentence does electronic ballast to convert low voltage C. Identification of any special address the use of lamps with bulbs that direct current to a controlled output considerations that should be made to are ‘‘sealed-in’’ and those in which they high voltage direct or alternating current accommodate the concept of a single are not. If a long arc lamp is to drive the discharge bulb. light source whose light is distributed to manufactured with the light source and However, by definition (S4), an the vehicle’s lamps by lamp pipes, and the ballast as a sealed unit (sealed integral beam headlamp (including an opinion as to whether it is premature within the lamp), then it would be those with HID light sources) is one to consider regulation of this concept. tested for compliance by application of with an ‘‘integral and indivisible optical D. An opinion of when Standard No. the design voltage at the lamp leads. assembly’’, and a headlamp that is ‘‘not 108 should be amended to The first sentence of S5.1.1.16 a replaceable bulb headlamp * * *.’’ In accommodate the use of arc light addresses the situation where the ballast the event of damage to one component, sources in production motor vehicles. is separate from the lamp (not sealed such as the lens, the entire unit, ballast Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Proposed Rules 31941 and all, must be replaced. The cost to Proposed Amendments to Standard No. specifying how the lower or upper beam replace an integral beam HID headlamp 108 is generated by the headlamp. Thus, the is going to be substantially higher than S4 Definitions. A ‘‘replaceable light lower beams of two-lamp replaceable the cost of replacing a more source’’ is defined as ‘‘an assembly light source headlamp systems can conventional headlamp. Ford, Stanley, consisting of a capsule, base, and remain activated when the upper beams AAMA, GM, and State Farm suggested terminals that is designed to conform to are selected. that NHTSA could facilitate the the requirements of paragraph S7.7’’ of The definition that appears introduction and acceptance of HID Standard No. 108. Ford would amend appropriate to NHTSA is: headlamp technology by redefining the definition to include the phrase ‘‘Filament’’ means that part of the light them as ‘‘replaceable bulb headlamps’’ ‘‘separable ballast, if required.’’ Because source or light emitting element(s), such as so that components could be HID headlamps, unlike conventional a resistive element, the excited portion of a individually replaced. replaceable bulb units, are operable specific mixture of gases under pressure, or NHTSA concurs with these through ballasts, Ford believes that such any part of other energy conversion sources, comments. There is no safety reason that generates radiant energy which can be an amendment would clearly indicate seen. why HIDs can’t be used as replaceable that HIDs come under the definition of bulb headlamps. Manufacturers chose ‘‘replaceable light source.’’ However, S7.5(e)(3)(ii). This relates to headlamp an integral-type design for the initial where the ballast is separable and systems comprised of four replaceable HID headlamps as a result of NHTSA- physically located away from the bulb headlamps. Ford’s recommended initiated amendments to accommodate headlamp housing, it would not be part revision to this paragraph would limit them and facilitate their introduction. of an ‘‘assembly’’ of ‘‘capsule, base, and how replaceable light source headlamps At that time, around 1992, the most terminals,’’ as the term ‘‘assembly’’ is may produce the upper beam, as it expeditious manner was through the understood. NHTSA has tentatively would require the HID lower beam to modification of the definition for concluded that there is a better remain on when the upper beam is integral beam headlamps, and the approach, comprised of two parts. The selected. While this is what proposed addition of combination headlighting first is to retain the existing definition changes to European law may require systems. NHTSA did not know how to and propose amendments of paragraph and indeed may be what most define HID sources as ‘‘replaceable light S7.7 pertinent to HID light sources, thus manufacturers would choose to do, sources.’’ tying it in with the definition of Standard No. 108 presently permits the GE espoused a contrary position. It ‘‘replaceable light source’’, as quoted lower beam to remain on when the finds the relationship between the above. The second is to propose an upper beam is used, but does not ballast device for an HID headlamp and amendment of part 564 which would require it. The reason that a the arc source itself to be complex and allow the submittal of ballast manufacturer might choose to leave the intricate. As more requirements (e.g., information to Docket No. 93–11. lower beam HID source on is that it is instant start, long life, color control) are Section IX of Part 564 appears an technically complex and expensive to placed on the system, the complexity of appropriate place for the listing of other design HIDs that, if extinguished, will the ballast, electronics, and light dimensions or performance quickly re-arc after being extinguished projection system increase by an order specifications necessary for light during beam switching. If the HID had of magnitude. Given the present state of sources and ballast interchangeability difficulty reestablishing an arc after arc source technology, GE commented purposes that are not listed in other switching from the upper beam, the that the industry must further define places within appendix A. For this headlamp would not produce light, a performance and other enhancements reason also, an HID assembly would be high risk situation, even if possibly a for a ‘‘short arc’’ headlamp and ballast a ‘‘replaceable light source.’’ transient one. Given the liabilities before rulemaking for a non-integral S5.5.8 This paragraph specifies, in inherent in such an instance, NHTSA system is initiated. Without a firm part, that in an integral beam anticipates that manufacturers will industry agreement on basic system headlighting system meeting integral provide systems in which an HID lower requirements, GE concludes that beam headlighting photometrics, the beam remains activated during upper specification of the individual parts and lower beam headlamps shall be wired to beam use. their respective allowable contribution remain permanently activated when the Because S7.5(e)(3)(ii) allows the to system requirements is impossible. upper beam headlamps are activated. manufacturer of a vehicle with However, contrary to GE’s argument, Ford would add lower beam headlamps replaceable bulb headlamp systems a Ford presented a regulatory scheme ‘‘incorporating non-filament light choice of whether or not to extinguish with specific suggested amendments to sources’’ and meeting replaceable bulb the lower beam while the upper beam both Standard No. 108 and the headlighting photometrics. is activated, it provides maximum replaceable bulb information regulation, NHTSA believes that this approach flexibility for designers of replaceable part 564, the effect of which would be would unnecessarily discriminate bulb headlamp systems, whether or not to allow use of HIDs as replaceable between filament and non-filament light they incorporate lower beam HIDs. headlamp light sources in a manner sources, and that adopting the definition NHTSA believes that as long as an HID which accommodates GE’s concern. of ‘‘filament’’ shown below would headlamp complies with applicable NHTSA has reviewed this in great supersede the need to specify ‘‘non- photometric requirements, it should be detail, and tentatively concludes that it, filament light sources’’. This means that allowed to use present headlamp for the most part, sets forth a realistic an amendment of S5.5.8 would not be configurations without restriction. way in which to treat HIDs as needed as Figure 15 already specifically New paragraph S7.5(e)(3)(iii). Ford replaceable light headlamp light allows the lower beam headlamps of would add a new paragraph sources. Therefore, the following four-lamp replaceable light source S7.5(e)(3)(iii) relating to four lamp discussion is based upon Ford’s specific headlamp systems to remain activated replaceable bulb headlamp systems to suggestions, the European regulatory when the upper beams are operated. read: practice for HID headlamp sight sources, Although Figure 17 is silent on the The upper beam of a headlamp system and NHTSA’s responses. point, this silence has the effect of not whose lower beam headlamps are equipped 31942 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Proposed Rules with non-filament type replaceable light NHTSA agrees with this suggestion, Other Issues Associated with Short sources shall be produced by all four but is proposing a new section S7.7(l) Arc Discharge Lighting Systems. Two headlamps, designed to conform to the upper for ballast alone. With one exception, it other issues associated with HID beam requirements of Figure 15A. is consistent with the existing headlamp light source use are electrical This paragraph would limit how HID requirement for replaceable light shock resulting from contact with the light source headlamps could be used in sources. That exception is the high voltages used to energize the light a system with non-HID replaceable light identification and documentation of source, and potential health hazards source types in the same way as Ford’s rated laboratory life. With respect to resulting from ultraviolet (UV) suggested revisions to S7.5(e)(3)(ii). For other replaceable light sources, NHTSA radiation. this reason, NHTSA disagrees with this has previously decided that requiring Severe electrical shock is a potential suggestion. this information is an unjustifiable and hazard because of the high voltage In addition, Ford’s suggested unnecessary burden. However, the generated by the HID system ballast. A paragraph would permit the use of a advent of HID technology has caused voltage that is higher than that which is headlamp whose performance is not NHTSA to rethink this issue as it relates normally produced by the motor specified by Standard No. 108. This to Ford’s suggestion for reasons to be vehicle’s standard battery is necessary could occur because Ford would require explained below in the discussion of to operate an HID system. NHTSA that the ‘‘upper beam’’ be produced by proposed amendments to part 564. believes that manufacturers will design all four headlamps and that the ‘‘beam’’ Paragraph S7.7(i). This paragraph appropriate levels of safety into their (not the headlamp) be designed to relates to seasoning of the filament of a HID systems because of competitive conform to the requirements of Figure replaceable light source before market pressures and product liability 15A. Requiring the ‘‘beam’’ from all four measurement of maximum power and concerns. For this reason, the only headlamps to meet the photometric luminous flux. Consistent with its regulatory requirement that NHTSA is requirements of Figure 15A is quite earlier recommendations, Ford would proposing that addresses this issue is different from the current requirement add ‘‘filament type’’ before ‘‘replaceable the marking of the ballast with an that the upper beam headlamp system light source.’’ Since the seasoning appropriate warning. Because HID light sources produce independently meet Figure 15A. procedures are different for filament UV energy, there is the potential for Because Ford’s suggestion does not type and arc type light sources, NHTSA damage to ocular tissues and skin from specify the apportionment of agrees that there is a distinction. However, because of the definition of radiation in the spectral region between photometry between the headlamps filament that has been proposed, 200 and 400 nm. Exposure could arise necessary to produce the ‘‘beam’’, it NHTSA is proposing to revise S7.7(i) to from a defect in the system or as a result would appear to restrict the replacement apply to the seasoning of ‘‘a replaceable of a crash and damage to it. Exposure market to original equipment light source’’ rather than to ‘‘the could also occur in the course of manufacturers, as well as potentially filament.’’ This would be followed by headlamp repair. At the present time, it allowing replacement headlamps with two new subparagraphs, S7.7(i)(1), appears likely that the plastic lenses on inadequate illumination or disabling which would apply to light sources with HID headlamps will filter UV energy, glare. Hence, NHTSA is not proposing resistive element type filaments, and that they will be given a protective Ford’s suggested paragraph. S7.7(i)(2), which would apply to light coating that will minimize UV emission Paragraph S7.7(g). This paragraph sources using excited gas mixtures as during normal operation, or that UV requires replaceable light sources to be filaments. This also accords with filters integral to the HID light source designed to conform to the information recommendations made by Ford. As for envelope will be used. Thus, there on file in part 564. Ford would modify seasoning of light sources using ‘‘other appears no need to regulate. However, the phrase ‘‘replaceable light source’’ by energy conversion sources’’, NHTSA NHTSA intends to monitor the issue adding after it ‘‘in conjunction with its solicits comments on what these sources and will propose rulemaking if it ballast, if any is specified in part 564 for might be and the procedure that would appears required for health and safety. its operation.’’ NHTSA does not believe be appropriate for their seasoning. that an amendment is required. The Comments should also address an Proposed Amendments to Part 564 ballast information will be part of the alternative to S7.7.(i) for ‘‘other energy General. Ford would replace all information on file in part 564 and no conversion sources’’ of including references to ‘‘filament’’ with ‘‘filament specific reference to it is needed. seasoning information as an item of or discharge arc.’’ However, this is Paragraph S7.7(h). This paragraph information in appendix B. unnecessary. If NHTSA adopts the requires marking of replaceable light The reader should note that, under definition of ‘‘filament’’ that has been sources in specified ways. Ford would NHTSA’s published proposal to transfer proposed to be added to Standard No. add eight specific requirements for HB type light sources to part 564 (60 FR 108, it will apply to part 564 under ballast marking: name or logo of the 14247, March 16, 1995), paragraph § 564.4 which incorporates definitions ballast manufacturer, the ballast part S7.7(i) would become paragraph S7.7(b), used in other regulations. number or other unique identifier, the with no substantive change in it. For the Section IX of appendix A. Ford would part number or other unique same reason, proposed new paragraph add the word ‘‘Identification’’ to the identification of the non-filament type S7.7(l) would be adopted as paragraph text. NHTSA concurs. If a ballast is light source for which the ballast is S7.7(d). required for operation, Section IX would designed, identification of the S8 Tests and Procedures for Integral also require a manufacturer to provide designated Part 564 discharge sources Beam and Replaceable Bulb a complete listing of the requirements that the ballast is designed to power, Headlighting Systems. Ford would add and parameters between the light source and the rated laboratory life of the ‘‘Ballasts required to operate non- and ballast, and ballast and the vehicle. ballast/discharge bulb combination for filament type light sources shall be Proposed appendix B. The purpose of each bulb so identified, shock hazard included in the tests specified’’ in S8. Appendix A of part 564 is to ensure that warning (see discussion below), watts NHTSA concurs but, in its proposal, has aftermarket replaceable light sources are and voltage information, the date of substituted ‘‘specific gas mixture’’ for interchangeable with their original manufacture, and the DOT symbol. ‘‘non-filament type.’’ equipment counterparts so that they Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Proposed Rules 31943 may be easily replaced. But the applies to appendix A, and that a new time when a more definite outcome importance of interchangeability one would apply to appendix B. appears feasible. diminishes but is not eliminated if the Language relating to rated average Request for Comments life of the light source is such that it laboratory life would be added where approaches the life of the lens reflector appropriate to implement the purpose of Interested persons are invited to unit in which it is installed. appendix B. submit comments on the proposal. It is Manufacturers expect this to be for the The reader should note that the requested but not required that 10 life of the vehicle. This is a chief feature proposed conforming amendments to copies be submitted. of HID light sources. Thus, NHTSA § 564.5 (a) and (c) reflect the agency’s All comments must not exceed 15 might be wiling to accept rated average recent proposal to amend paragraph pages in length. (49 CFR 553.21). laboratory life information S7.7 of Standard No. 108 and § 564.5 (a) Necessary attachments may be demonstrating long life as a tradeoff for and (c) to transfer HB type replaceable appended to these submissions without detailed interchangeability information light sources to Docket No. 93–11 (60 FR regard to the 15-page limit. This such as dimensions relating to the 14247). limitation is intended to encourage interface of the light source to the commenters to detail their primary ballast.1 II. LEDs and Miniature Halogen Bulbs arguments in a concise fashion. If a commenter wishes to submit To explain, barring damage, a lens The reader is referred to the NPRM for certain information under a claim of reflector unit ought to last the life of a a full discussion of the issues raised by confidentiality, three copies of the motor vehicle because of its certification NHTSA. Because the agency has complete submission, including of conformance to the environmental decided to terminate rulemaking on purportedly confidential business test requirements set out in Standard light-emitting diodes (LEDs) and information, should be submitted to the No. 108. The task, then, is to design a miniature halogen bulbs for the reasons Chief Counsel, NHTSA, at the street light source with an equivalent life discussed below, it is also deferring any address given above, and seven copies expectancy. Although industry views 10 extended published analysis of the from which the purportedly confidential years as the average life of a vehicle, it comments received on these issues until information has been deleted should be is not uncommon to see in daily service such time as it may decide to reinitiate submitted to the Docket Section. A those that are from 10 to 15 years old. rulemaking on this topic. NHTSA believes that non-HID light request for confidentiality should be NHTSA asked for recommendations sources used in today’s headlamps have accompanied by a cover letter setting as to how it might specify a means of a rated average laboratory life of 300 to forth the information specified in the determining the number of ‘‘equivalent’’ 500 hours. Thus, one with a minimum agency’s confidential business compartments for lamps equipped with rated life of 2,000 hours represents a information regulation. 49 CFR Part 512. LEDs. AAMA, Ford, and GM thought it four-fold to six-fold plus increase in the All comments received before the premature for the agency to specify life of a headlamp light source. Use of close of business on the comment unique requirements for lamps such a light source would significantly closing date indicated above for the equipped with distributive light sources reduce the need to replace headlamp proposal will be considered, and will be until studies can be completed to assess light sources over the life of a vehicle. available for examination in the docket This trade off could be accomplished concerns regarding possible perceptions at the above address both before and by adding appendix B to part 564, to with respect to brightness. These after that date. To the extent possible, serve as a repository for information on studies, in AAMA’s estimate, would comments filed after the closing date long-life light sources. To NHTSA, a take six months to a year. During that will also be considered. Comments long-life light source is one with a rated time, its member companies could received too late for consideration in average laboratory life of not less than gather data on intensity, brightness and regard to the final rule will be 2,000 hours. This figure represents the dimensional features (e.g., aspect ratio) considered as suggestions for further design target that industry uses today in of signal and marking lamps of recent rulemaking action. Comments on the developing long-life light sources, and model vehicles. Similar comments came proposal will be available for inspection has been provided to NHTSA in from Ford and GM. Other commenters in the docket. The NHTSA will continue industry comments on related did not reach a consensus on whether to file relevant information as it rulemakings. The manufacturer of such SAE J1889 would be an appropriate becomes available in the docket after the a light source would provide the lesser specification for LEDs. closing date, and it is recommended that amount of information that would be Based upon these comments, NHTSA interested persons continue to examine required by appendix B, but, at its has concluded that there is a great the docket for new material. option, could make its submission amount of uncertainty within the Those persons desiring to be notified under appendix A. The reader is lighting community about the best upon receipt of their comments in the reminded that, in either event, a method of regulating the photometric rules docket should enclose a self- replaceable light source which is the requirements of non-traditional light addressed, stamped postcard in the subject of information submitted to sources for signal and marking lamps. In envelope with their comments. Upon Docket No. 93–11 is required to comply view of these uncertainties and a lack of receiving the comments, the docket with Standard No. 108. consensus among the commenters on supervisor will return the postcard by To conform part 564 to this view, methods of equivalent mail. compartmentalization, NHTSA has NHTSA would amend § 564.2 Purpose Effective Date to clarify that the existing purpose decided not to pursue further rulemaking at this time. For this reason, Since the final rule would not impose 1 A manufacturer ‘‘rates’’ the design ‘‘life’’ of a it is appropriate also not to pursue the any additional burden and is intended light source by ‘‘laboratory’’ tests of a large number issue of test methods for LEDs and to afford an alternative to existing of units that are activated under identical and ideal miniature type light sources. However, requirements, it is hereby tentatively test conditions of temperature, humidity, lack of vibration, etc. When the test sources have been run the docket will remain open to accept found that an effective date earlier than to burn out, the manufacturer takes the total time comments about these issues, and 180 days after issuance of the final rule data and determines the ‘‘average’’ in hours. NHTSA may reinitiate rulemaking at a is in the public interest. The final rule 31944 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Proposed Rules would be effective 30 days after its of manufacturing motor vehicle lighting original equipment light sources and publication in the Federal Register. equipment. thus ensure that replacement light sources are interchangeable with Rulemaking Analyses Civil Justice Reform original equipment light sources and Executive Order 12866 and DOT This rulemaking action would not provide equivalent performance. Regulatory Policies and Procedures have any retroactive effect. Under 49 (b) The purpose of Appendix B of this U.S.C. 30103, whenever a Federal motor part is to ensure that original equipment This rulemaking action has not been vehicle safety standard is in effect, a light sources are replaceable and that reviewed under Executive Order 12866. state may not adopt or maintain a safety replacement light source equipment It has been determined that the standard applicable to the same aspect provide equivalent performance, and rulemaking action is not significant of performance which is not identical to that redesignated or newly developed under Department of Transportation the Federal standard. Under 49 U.S.C. light sources are designated as distinct regulatory policies and procedures. The 30163, a procedure is set forth for and different and noninterchangeable effect of the rulemaking action would be judicial review of final rules with previously existing light sources. to allow an alternative headlighting establishing, amending, or revoking system. It would not impose any § 564.5 Information filing; agency Federal motor vehicle safety standards. processing of filings. additional burden upon any person. A That section does not require (a) Each manufacturer of a motor final rule based on such an action submission of a petition for vehicle, original equipment headlamp, would reduce costs both to reconsideration or other administrative or original equipment headlamp manufacturers and consumers. Because proceedings before parties may file suit replaceable light source, which intends ballasts would no longer have to be in court. integral with the light source, to manufacture a replaceable light manufacturers could use a simpler, less Paperwork Reduction Act source as original equipment or to expensive connector. Consumers could The reporting and recordkeeping incorporate a replaceable light source in replace separate elements of an HID- requirement associated with part 564 its headlamps or motor vehicles, shall replaceable light source headlamp have been approved by the Office and furnish the information specified in system as compared with the present Management and Budget in accordance appendix A or appendix B of this part regulation which requires replacement with 44 U.S.C. chapter 35. The OMB to: Associate Administrator for Safety of the whole unit. Impacts of the rule control number is 2127–0563. Performance Standards, National are, therefore, so minimal as not to Highway Traffic Safety Administration, warrant preparation of a full regulatory List of Subjects in 49 CFR Parts 564 and 400 Seventh Street SW, Washington, DC evaluation. 571 20590. Attn: Replaceable Light Source Information Docket No. 93–11 (unless Regulatory Flexibility Act Imports, Motor vehicle safety, Motor vehicles. the agency has already filed such The agency has also considered the In consideration of the foregoing, it is information in Docket No. 93–11). If the effects of this rulemaking action in proposed that 49 CFR part 564 be rated average laboratory life of the light relation to the Regulatory Flexibility amended as follows: source is not less than 2,000 hours, the Act. I certify that this rulemaking action manufacturer may furnish the would not have a significant economic PART 564ÐREPLACEABLE LIGHT information specified in either effect upon a substantial number of SOURCE INFORMATION Appendix A or Appendix B of this part. small entities. Motor vehicle and (b) The manufacturer shall submit lighting equipment manufacturers are 1. The authority citation for part 564 such information not later than 60 days generally not small businesses within would continue to read as follows: before it intends to begin the the meaning of the Regulatory Authority: 49 U.S.C. 322, 30111, 30115, manufacture of the replaceable light Flexibility Act. Further, small 30117, 30166; delegation of authority at 49 source to which the information applies, organizations and governmental CFR 1.50. or to incorporate the light source into a jurisdictions would not be significantly 2. Part 564 would be amended by headlamp or motor vehicle of its affected as the price of new motor revising paragraphs 564.1, 564.2, manufacture. Each submission shall vehicles should not be impacted. 564.5(a), (b), (c) and (d)(1), and Section consist of one original set of information Accordingly, no Regulatory Flexibility IX of appendix A, and by adding new and 10 legible reproduced copies, all on 1 Analysis has been prepared. appendix B, to read as follows: 8 ⁄2 by 11-inch paper. (c) The Associate Administrator Executive Order 12612 (Federalism) § 564.1 Scope. promptly reviews each submission and This action has been analyzed in This part requires the submission of informs the manufacturer not later than accordance with the principles and dimensional, electrical specification, 30 days after its receipt whether the criteria contained in Executive Order and marking/designation information, submission has been accepted. Upon 12612 on ‘‘Federalism.’’ It has been as specified in Appendix A and acceptance, the Associate Administrator determined that the rulemaking action Appendix B of this part, for original files the information in Docket No. 93– does not have sufficient federalism equipment replaceable light sources 11. The Associate Administrator does implications to warrant the preparation used in motor vehicle headlighting not accept any submission that does not of a Federalism Assessment. systems. contain all the information specified in appendix A or appendix B of this part, National Environmental Policy Act § 564.2 Purposes. or whose accompanying information NHTSA has analyzed this rulemaking The purposes of this part are achieved indicates that any new light source action for purposes of the National through its Appendices: which is the subject of a submission is Environmental Policy Act. The (a) The purpose of Appendix A of this interchangeable with any replaceable rulemaking action would not have a part is to ensure the availability to light source for which the agency has significant effect upon the environment replacement light source manufacturers previously filed information in Docket as it does not affect the present method of the manufacturing specifications of No. 93–11. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Proposed Rules 31945 (d) A manufacturer may request B. Any other characteristics necessary for and shall be made with the electrical modification of a light source for which system operation. conductor and light source base information has previously been filed in V. Bulb Markings/Designation—ANSI shrouded with an opaque white colored Docket No. 93–11, and the submission Number, ECE Identifier, Manufacturer’s Part cover, except for the portion normally Number, Individual or in Any Combination. shall be processed in the manner VI. All other identification, dimensions or located within the interior of the lamp provided by paragraph 564.5(c). A performance specifications necessary for housing. The measurement of luminous request for modification shall contain replaceability or systems operation not listed flux for the Types HB3 and HB4 shall the following: above. be with the base covered with a white cover shown in Figures 19–l and 20–l. (1) All the information specified in In consideration of the foregoing, it is The white covers are used to eliminate appendix A or appendix B of this part proposed that 49 CFR Part 571 be the likelihood of incorrect lumen that is relevant to the modification amended as follows: requested, * * * measurement that will occur should the * * * * * PART 571ÐFEDERAL MOTOR reflectance of the light source base and VEHICLE SAFETY STANDARDS electrical connector be low. Appendix A—Information To Be (2) For a light source using excited gas Submitted for Replaceable Light 1. The authority citation would mixtures as a filament, measurement of Sources continue to read as follows: maximum power and luminous flux * * * * * Authority: 49 U.S.C. 322, 30111, 30115, shall be made following seasoning of the IX. All other information, dimensions or 30117, and 30166; delegation of authority at light source, including any ballast performance specifications necessary for 49 CFR 1.50. required for its operation, in accordance interchangeability purposes not listed above. 2. Section 571.108 would be amended with section 4.0 of SAE J2009 FEB93. A If a ballast is required for operation, a by: test voltage of 12.8 volts DC shall be complete listing of the requirements and applied to the ballast input terminals. parameters between the light source and (a) Adding a definition in alphabetical order to section 54 and revising The measurement of luminous flux shall ballast, and ballast and the vehicle shall also be in accordance with the Illuminating be provided. paragraph S7.7(i) to read as set forth below, Engineering Society of North America, Appendix B—Information To Be (b) Adding new paragraph S7.7(l) to LM–45; IES Approved Method for Submitted for Long Life Replaceable read as set forth below, and Electrical and Photometric Light Sources of Limited Definition (c) Revising section S8 to read as set Measurements of General Service I. Bulb Base Interchangeability Dimensions forth below: Incandescent Filament Lamps (April and Tolerance. 1980), shall be made with the black cap A. Angular locations, diameters, key/ § 571.108 Motor Vehicle Safety Standard installed if so designed, and shall be keyway sizes, and any other No. 108 Lamps, Reflective Devices, and made with any electrical conductors interchangeability dimensions for indexing Associated Equipment. and the light source base shrouded with the bulb base in the bulb holder. * * * * * an opaque white colored cover, except B. Diameter, width, depth, and surface Filament means that part of the light for the portion normally located within finish of seal groove, surface, or other source or light emitting element(s), such the interior of the lamp housing. pertinent sealing features. as a resistive element, the excited C. Diameter of the bulb base at the interface * * * * * portion of a specific mixture of gases (l) If a ballast is required for of the base and its perpendicular reference under pressure, or any part of other surface. operation, each ballast shall bear the D. Dimensions of features related to energy conversion sources, that following permanent markings: retention of the bulb base in the bulb holder generates radiant energy which can be (1) Name or logo of ballast such as tabs, keys, keyways, surface, etc. seen. manufacturer; II. Bulb Holder Interchangeability * * * * * (2) Ballast part number or unique Dimensions and Tolerances. S7.7 * * * identification; A. Mating angular locations, diameters, (3) Part number or other unique key/keyway sizes, any other * * * * * interchangeability dimensions for indexing (i) A replaceable light source shall be identification of the light source for the bulb base in the bulb holder. seasoned before measurement of which the ballast is designed; B. Mating diameter, width, depth, and luminous flux as follows: (4) Rated average laboratory life of the surface, or other pertinent sealing features. (1) For a light source with a resistive light source/ballast combination, if the C. Mating diameter of the bulb holder at element type filament, the filament shall information for the light source has been the interface of the bulb base aperture and its be seasoned before measurement of filed in appendix B of part 564 of this perpendicular reference surface. maximum power and luminous flux. chapter; D. Mating dimensions of features related to Such measurement shall be made with (5) A warning that ballast output retention of the bulb base in the bulb holder the direct current test voltage regulated voltage presents the potential for severe such as tabs, keys, keyways, surface, etc. electrical shock that could lead to III. Electrical Specifications for Each Light within one quarter of one percent. The Source that Operates with a Ballast and Rated test voltage shall be design voltage, permanent injury or death; Life of the Light Source/Ballast Combination. 12.8v. The measurement of luminous (6) Ballast output power in watts and A. Maximum power (in watts). flux shall be in accordance with the output voltage in rms volts AC or DC; B. Luminous Flux (in lumens) Illuminating Engineering Society of (7) The date of manufacture; and , C. Rated average laboratory life of the light North America, LM–45; IES Approved (8) The symbol ‘DOT’.’’ source/ballast combination (not less than Method for Electrical and Photometric * * * * * 2,000 hours). Measurements of General Service S8 Tests and Procedures for Integral IV. Applicable to light sources that operate with a source voltage other than 12.8 volts Incandescent Filament Lamps (April Beam and Replaceable Bulb direct current, and when a proprietary ballast 1980), shall be made with the black cap Headlighting Systems. When tested in must be used with the light source. installed on Type HB1, Type HB2, Type accordance with the following A. Manufacturer’s part number for the HB4, and Type HB5, and on any other procedures, each integral beam ballast. replaceable light source so designed, headlamp shall meet the requirements 31946 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Proposed Rules of paragraph S7.4, and each replaceable regulations and directives. During the As explained above, NHTSA does not bulb headlamp shall meet the course of this review, the agency anticipate that this proposal will requirements of paragraph S7.5. Ballasts identified several requirements and significantly economically impact small required to operate specific gas mixture regulations that are potential candidates manufacturers, or small entities that light sources shall be included in the for rescission, including the purchase safety belts or vehicles. tests specified in paragraphs S8.1 and colorfastness requirements in Standard Paperwork Reduction Act S8.4 though S8.7. No. 209, ‘‘Seat Belt Assemblies.’’ * * * * * Standard No. 209 includes In accordance with the Paperwork Issued on: June 13, 1995. colorfastness requirements out of Reduction Act of 1980 (P.L. 96–511), Barry Felrice, concern that occupants would be less there are no requirements for information collection associated with Associate Administrator for Safety likely to wear their seat belt if the Performance Standards. webbing stained their clothing. this proposed rule. [FR Doc. 95–14847 Filed 6–16–95; 8:45 am] Paragraphs S4.2 (g) and (h) of the National Environmental Policy Act Standard require seat belt webbing to BILLING CODE 4910±59±P resist transferring color to a wet or dry NHTSA has also analyzed this crock cloth and to resist staining (the proposed rule under the National Environmental Policy Act and 49 CFR Part 571 colorfastness requirements). Test procedures to determine that the determined that it would not have a [Docket No. 95±42; Notice 1] colorfastness requirements are met are significant impact on the human RIN 2127±AF67 found in S5.1 (g) and (h) of the environment. Standard. Executive Order 12612 (Federalism) Federal Motor Vehicle Safety NHTSA tentatively concludes that Standards; Seat Belt Assemblies; market forces would be sufficient, in the NHTSA has analyzed this proposal in Child Restraint Systems absence of the current requirements, to accordance with the principles and encourage seat belt manufacturers to use criteria contained in E.O. 12612, and AGENCY: National Highway Traffic webbing that will not stain clothing. has determined that this proposed rule Safety Administration (NHTSA), DOT. The agency is not aware of any basis for would not have significant federalism ACTION: Notice of proposed rulemaking. believing that rescission of the implications to warrant the preparation colorfastness requirements would lessen of a Federalism Assessment. SUMMARY: This notice proposes to delete colorfastness or safety. Therefore, the colorfastness requirements for seat Civil Justice Reform NHTSA is proposing to delete the belt assemblies. The purpose of those This proposed rule would not have colorfastness requirements from requirements is to ensure that motorists any retroactive effect. Under 49 U.S.C. Standard No. 209. NHTSA is also are not discouraged from using safety 30103, whenever a Federal motor proposing to delete references to these belts out of a concern that the belts will vehicle safety standard is in effect, a requirements in Standard No. 213, transfer their coloring to motorists’ State may not adopt or maintain a safety ‘‘Child Restraint Systems.’’ clothing. NHTSA tentatively concludes standard applicable to the same aspect that manufacturer concerns about public Rulemaking Analyses and Notices of performance which is not identical to acceptance are sufficient by themselves the Federal standard, except to the Executive Order 12866 and DOT to ensure that manufacturers will make extent that the state requirement Regulatory Policies and Procedures their belts colorfast. Therefore, retention imposes a higher level of performance of the requirements is not necessary. NHTSA has considered the impact of and applies only to vehicles procured DATES: Comment Dates: Comments must this rulemaking action under E.O. 12866 for the State’s use. 49 U.S.C. 30161 sets be received by August 18, 1995. and the Department of Transportation’s forth a procedure for judicial review of Proposed Effective Date: If adopted, regulatory policies and procedures. This final rules establishing, amending or the proposed amendments would rulemaking document was not reviewed revoking Federal motor vehicle safety become effective 30 days following under E.O. 12866, ‘‘Regulatory Planning standards. That section does not require publication of the final rule. and Review.’’ This action has been submission of a petition for determined to be not ‘‘significant’’ ADDRESSES: Comments should refer to reconsideration or other administrative under the Department of the docket and notice number of this proceedings before parties may file suit Transportation’s regulatory policies and notice and be submitted to: Docket in court. procedures. NHTSA believes that there Section, Room 5109, National Highway would be no gain or loss of safety Submission of Comments Traffic Safety Administration, 400 benefits from Standards Nos. 209 and Interested persons are invited to Seventh Street, SW., Washington, DC 213 as a result of rescission of the submit comments on the proposal. It is 20590. (Docket Room hours are 9:30 colorfastness requirements. requested but not required that 10 a.m.–4 p.m., Monday through Friday.) Manufacturers may have a very minor copies be submitted. FOR FURTHER INFORMATION CONTACT: cost savings (approximately $50 per All comments must not exceed 15 Mr. Clarke B. Harper, Office of Vehicle test) as they will no longer have to pages in length. (49 CFR 553.21). Safety Standards, NPS–12, National certify compliance with these Necessary attachments may be Highway Traffic Safety Administration, requirements. appended to these submissions without 400 Seventh Street, SW., Washington, regard to the 15-page limit. This DC 20590. Telephone: (202) 366–4916. Regulatory Flexibility Act limitation is intended to encourage SUPPLEMENTARY INFORMATION: Pursuant NHTSA has also considered the commenters to detail their primary to the March 4, 1995 directive, impacts of this notice under the arguments in a concise fashion. ‘‘Regulatory Reinvention Initiative,’’ Regulatory Flexibility Act. I hereby If a commenter wishes to submit from the President to the heads of certify that this proposed rule would not certain information under a claim of departments and agencies, NHTSA has have a significant economic impact on confidentiality, three copies of the undertaken a review of all its a substantial number of small entities. complete submission, including Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Proposed Rules 31947 purportedly confidential business (b) Meet the requirements of S4.2 (e) NHTSA has undertaken a review of its information, should be submitted to the and (f) of FMVSS No. 209 (§ 571.209); regulations and directives. During the Chief Counsel, NHTSA, at the street and course of this review, NHTSA identified address given above, and seven copies certain regulations that could be from which the purportedly confidential * * * * * rescinded as unnecessary. Among these Issued on: June 14, 1995. information has been deleted should be regulations is Federal Motor Vehicle submitted to the Docket Section. A Barry Felrice, Safety Standard No. 211, Wheel Nuts, request for confidentiality should be Associate Administrator for Safety Wheel Discs, and Hub Caps (49 CFR accompanied by a cover letter setting Performance Standards. 571.211). After a background review, forth the information specified in the [FR Doc. 95–14901 Filed 6–16–95; 8:45 am] NHTSA explains why it believes agency’s confidential business BILLING CODE 4910±59±P Standard No. 211 is unnecessary, and information regulation. 49 CFR part 512. thus proposes to rescind the Standard. All comments received before the 49 CFR Part 571 Background close of business on the comment closing date indicated above for the [Docket No. 95±48; Notice 1] Standard No. 211 was issued in 1967 (32 FR 2408) as one of the initial Federal proposal will be considered, and will be RIN 2127±AF71 Motor Vehicle Safety Standards. Since available for examination in the docket Standard No. 211 applies to motor at the above address both before and Federal Motor Vehicle Safety vehicles and motor vehicle equipment, after that date. To the extent possible, Standards; Wheel Nuts, Wheel Discs, both vehicle manufacturers and comments filed after the closing date and Hub Caps manufacturers of motor vehicle will also be considered. Comments equipment must meet the requirements received too late for consideration in AGENCY: National Highway Traffic of Standard No. 211. For many years, regard to the final rule will be Safety Administration (NHTSA), DOT. Standard No. 211 prohibited all wheel considered as suggestions for further ACTION: Notice of proposed rulemaking. nuts, wheel discs, and hub caps rulemaking action. Comments on the SUMMARY: NHTSA proposes to rescind (referred to generically hereafter as ‘‘hub proposal will be available for inspection Federal Motor Vehicle Safety Standard caps’’) that incorporate ‘‘winged in the docket. The NHTSA will continue No. 211, Wheel Nuts, Wheel Discs, and projections,’’ based on a concern that to file relevant information as it Hub Caps. This proposed action is part such projections can pose a hazard to becomes available in the docket after the of NHTSA’s efforts to implement the pedestrians and cyclists. closing date, and it is recommended that President’s Regulatory Reinvention On January 15, 1993, NHTSA interested persons continue to examine Initiative to remove unnecessary published in the Federal Register (58 the docket for new material. regulations. The agency has tentatively FR 4582) a final rule amending Standard Those persons desiring to be notified concluded that Standard No. 211 is No. 211 to permit ‘‘winged projections’’ upon receipt of their comments in the unnecessarily design-restrictive. on hub caps if, when installed on a rules docket should enclose a self- Moreover, to the extent that there are wheel rim, the projections do not extend addressed, stamped postcard in the safety concerns in this area, the agency beyond the plane of the wheel rim. envelope with their comments. Upon believes they are more appropriately NHTSA amended Standard No. 211 receiving the comments, the docket addressed by State laws concerning after concluding that ‘‘winged supervisor will return the postcard by vehicle use than by a Federal motor projections’’ that do not extend beyond mail. vehicle safety standard. the plane on hub caps do not List of Subjects in 49 CFR Part 571 DATES: Comments must be received on compromise pedestrian or cyclist safety. or before August 3, 1995. Persons who are interested in a more Imports, Motor vehicle safety, Motor ADDRESSES: Comments must refer to the detailed explanation for that conclusion vehicles. docket and notice numbers cited at the are referred to the January 1993 final In consideration of the foregoing, it is beginning of this notice and be rule and the preceding notice of proposed that 49 CFR part 571 be submitted to: Docket Section, Room proposed rulemaking (57 FR 24207, amended as follows: 5109, NHTSA, 400 Seventh Street, S.W., June 8, 1992). Washington, D.C. 20590. It is requested, The rulemaking which culminated in PART 571ÐFEDERAL MOTOR but not required, that 10 copies of the the January 1993 amendment was VEHICLE SAFETY STANDARDS comments be provided. The Docket initiated in response to a petition submitted by several hub cap 1. The authority citation for part 571 Section is open on weekdays from 9:30 a.m. to 4 p.m. manufacturers. After the amendment would continue to read as follows: was published, however, NHTSA FOR FURTHER INFORMATION CONTACT: Ms. Authority: 49 U.S.C. 322, 30111, 30115, received information indicating that the Margaret Gill, Office of Vehicle Safety 30117, and 30166; delegation of authority at amendment did not provide the Standards, Office of Rulemaking, 49 CFR 1.50. regulatory relief that had been requested NHTSA, 400 Seventh Street, S.W., by the petitioners and anticipated by the § 571.209 [Amended] Washington, D.C. 20590. Ms. Gill’s agency in issuing the amendment. 2. Section 571.209 would be amended telephone number is (202) 366–6651. John Russell Deane III, an attorney by removing S4.2(g), S4.2(h), S5.1(g) The FAX number is (202) 366–4329. representing the petitioners, wrote to and S5.1(h). SUPPLEMENTARY INFORMATION: express concern about certain language 3. Section 571.213 would be amended in the preamble to the January 1993 President’s Regulatory Reinvention by revising S5.4.1(b) to read as follows: final rule. NHTSA had stated: Initiative The agency’s intent [in the proposed § 571.213 Standard No. 213; Child restraint Pursuant to the March 4, 1995 systems. regulatory text] was to prohibit winged hub directive ‘‘Regulatory Reinvention caps only if, when the hub cap is installed * * * * * Initiative’’ from the President to the on any wheel rim/axle combination on which S5.4.1 * * * heads of departments and agencies, the hub cap fits, the projections extend 31948 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Proposed Rules beyond the plane described in S4. NHTSA NHTSA’s Review of Standard No. 211 use of vehicles, the States do. Moreover, chose the language ‘‘physically compatible’’ and Proposal to Rescind all States already regulate the use of instead of ‘‘designed to fit’’ to emphasize that vehicles and, to the extent that the manufacturers must take into consideration In reviewing Standard No. 211 under not only the specific wheel rim/axle the President’s directive, NHTSA was States determine that regulations are combination(s) on which the hub cap was thus faced with a regulation that has the needed in this area, they can issue ones envisioned or intended to be used, but also practical effect of preventing the which are not unnecessarily design- any other combinations that the hub cap can manufacture of all hubcaps with winged restrictive. They can do this by simply fit. projections, notwithstanding the fact prohibiting the installation of a hub cap Mr. Deane stated that this preamble that the agency has concluded that such with winged projections so that the language suggests manufacturers may hubcaps only pose a safety concern if projections extend beyond the plane of manufacture and distribute hub caps the winged projections extend beyond the wheel. incorporating winged projections only if the plane of the wheel. NHTSA strongly NHTSA believes that rescission of the manufacturer is sure the product believes that its safety standards should Standard No. 211 would not does not fit ‘‘any other combinations’’ not be unnecessarily design-restrictive compromise safety. The potential safety which would result in the projections and therefore considered whether the problem addressed by the standard has extending beyond the plane of the current standard, or any safety standard, always been a small one. Moreover, the wheel. He noted, however, that is the best means of addressing the agency believes that, should there be decorative knock-off hub caps have a safety concern of winged projections any significant trend toward vehicle standardized design which consists of a that extend beyond the plane of the owners installing hubcaps with winged two-inch long hub adapter to which a wheel. projections in a manner that causes cap is installed. This design could be NHTSA has tentatively concluded injuries to pedestrians, the States could installed on any wheels, both deep that this safety concern primarily relates address that problem through their wheels, on which the winged to how hubcaps with winged motor vehicle use regulations. projections would not extend beyond projections are used, rather than how Proposed Effective Date the plane of the wheel, and shallower they are manufactured, and that the wheels on which the projections would issue is therefore more appropriately Because the proposed rescission of extend beyond such plane. Mr. Deane addressed by the States than by a Standard No. 211 would relieve therefore concluded that complying Federal motor vehicle safety standard. restrictions without compromising with the preamble’s language would be The agency is therefore proposing to safety, the agency tentatively has virtually impossible for nearly all rescind Standard No. 211 for reasons determined that there is good cause manufacturers of these products, and discussed below. shown that an effective date earlier than that the practical effect is to continue to First, NHTSA believes that, because of 180 days after issuance is in the public prevent the manufacture and product liability considerations, it is in interest. Accordingly, the agency distribution of knock-off hub caps. the interest of vehicle manufacturers not proposes that, if adopted, the effective Mr. Deane believed that the language to place unsafe hubcaps, such as those date for the final rule be 30 days after of the amendment itself did not create with winged projections extending its publication in the Federal Register. this result and requested a letter of beyond the plane of the wheel, on their Rulemaking Analyses and Notices clarification. On review, however, vehicles. Vehicle manufacturers can NHTSA concluded that the result at ensure that winged hub caps are not 1. Executive Order 12866 and DOT issue is a direct consequence of the used in unsafe hub cap/wheel Regulatory Policies and Procedures regulatory language. That text reads as combinations since they can control This proposed rule was not reviewed follows: which combinations are authorized. The under Executive Order 12866 Requirements. As installed on any relevant safety concern therefore relates (Regulatory Planning and Review). physically compatible combination of axle to the availability of such hubcaps in NHTSA has analyzed the impact of this and wheel rim, wheel nuts, wheel discs, and the aftermarket. rulemaking action and determined that hub caps for use on passenger cars and As discussed above, the regulatory multipurpose passenger vehicles shall not it is not ‘‘significant’’ within the incorporate winged projections that extend dilemma facing NHTSA is that hubcaps meaning of the Department of beyond the plane that is tangent to the with winged projections that are safe for Transportation’s regulatory policies and outboard edge of the wheel rim at all points one vehicle, since the projections do not procedures. The proposed rule would around its circumference. * * * (Emphasis extend beyond the plane of the wheel, not impose any costs or yield any added.) might be unsafe on other vehicles with significant savings. It would instead The usage of the term ‘‘any’’ is more shallow wheels. While the agency relieve a restriction and thereby provide explained in 49 CFR 571.4 as follows: recognizes that a total ban on hubcaps vehicle and equipment manufacturers with winged projections would ensure The word ‘‘any,’’ used in connection with with greater flexibility in the design and a range of values or set of items in the safety in this area, it would also installation of wheel nuts, wheel discs, requirements, conditions, and procedures of unnecessarily restrict vehicle and and hub caps. Moreover, consumers the standards or regulations in this chapter, hubcap design. would likely have a greater choice of means generally the totality of the items or The agency believes that the solution hub cap styles. For these reasons, the values, any one of which may be selected by to this dilemma is to leave the impacts would be so minimal that they the Administration for testing, except where regulation of hubcaps with winged would not warrant preparation of a full clearly specified otherwise. projections to the States. The relevant regulatory evaluation. Therefore, the regulatory language safety problem is not how such hubcaps requires that each hub cap with winged are manufactured but instead how they 2. Regulatory Flexibility Act projections, as used in each and every are used; i.e., whether they are placed NHTSA has also considered the physically compatible combination of on vehicles in such a manner that the impacts of this notice under the axle and wheel rim, may not be located winged projections extend beyond the Regulatory Flexibility Act. I hereby such that the winged projections extend plane of the wheel. While NHTSA does certify that this proposed rule would not beyond the plane of the wheel. not have the authority to regulate the have a significant economic impact on Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Proposed Rules 31949 a substantial number of small entities. All comments must not exceed 15 § 571.211 [Removed] As explained above, the rule would not pages in length. (49 CFR 553.21). 2. Section 571.211 would be removed. impose any new requirements but Necessary attachments may be Issued on: June 14, 1995. would instead relieve a restriction for appended to these submissions without Barry Felrice, hubcaps with winged projections. The regard to the 15-page limit. This proposed rule, if made final, would limitation is intended to encourage Associate Administrator for Safety Performance Standards. likely have a small beneficial effect on commenters to detail their primary small manufacturers and dealers of arguments in a concise fashion. [FR Doc. 95–14902 Filed 6–16–95; 8:45 am] motor vehicle equipment, since they If a commenter wishes to submit BILLING CODE 4910±59±P would have greater flexibility in the certain information under a claim of types of hub caps they may manufacture confidentiality, three copies of the and sell. Similarly, persons who complete submission, including DEPARTMENT OF COMMERCE purchase aftermarket hubcaps would purportedly confidential business National Oceanic and Atmospheric likely have greater choice. For these information, should be submitted to the Administration reasons, small businesses, small Chief Counsel, NHTSA, at the street organizations and small governmental address given above, and seven copies 50 CFR Parts 646 and 659 units which purchase motor vehicles from which the purportedly confidential would not be significantly affected by information has been deleted should be [I.D. 060695D] the proposed rule. Accordingly, an submitted to the Docket Section. A Shrimp and Calico Scallop Fisheries initial regulatory flexibility analysis has request for confidentiality should be Off the Southern Atlantic States and not been prepared. accompanied by a cover letter setting the Snapper-Grouper Fishery of the 3. Executive Order 12612 (Federalism) forth the information specified in the South Atlantic; Public Scoping agency’s confidential business Meetings and Public Hearing This proposed rule has been analyzed information regulation. 49 CFR part 512. in accordance with the principles and All comments received before the AGENCY: National Marine Fisheries criteria contained in Executive Order close of business on the comment Service (NMFS), National Oceanic and 12612. The agency has determined that closing date indicated above for the Atmospheric Administration (NOAA), the proposed rule does not have proposal will be considered, and will be Commerce. sufficient federalism implications to available for examination in the docket ACTION: Notice of public scoping warrant the preparation of a Federalism at the above address both before and meetings and public hearing. Assessment. after that date. To the extent possible, SUMMARY: The South Atlantic Fishery 4. National Environmental Policy Act comments filed after the closing date will also be considered. Comments Management Council (Council) is The agency also has analyzed this received too late for consideration in holding public scoping meetings to proposed rule for the purpose of the regard to the final rule will be solicit comments on the following National Environmental Policy Act, and considered as suggestions for further issues: Sale of fish caught under the determined that it would not have any rulemaking action. Comments on the recreational bag limit (all species); significant impact on the quality of the proposal will be available for inspection Amendment 2 to the Fishery human environment. in the docket. The NHTSA will continue Management Plan (FMP) for the Shrimp to file relevant information as it Fishery of the South Atlantic Region 5. Executive Order 12778 (Civil Justice (Shrimp FMP) dealing with fishery Reform) becomes available in the docket after the closing date, and it is recommended that bycatch issues; the development of an The proposed rule would not have interested persons continue to examine FMP for the calico scallop fishery; and any retroactive effect. Under 49 U.S.C. the docket for new material. the issue of recreational catch and the 30103, whenever a Federal motor Those persons desiring to be notified commercial bycatch of wreckfish under vehicle safety standard is in effect, a upon receipt of their comments in the the FMP for the Snapper-Grouper State may not adopt or maintain a safety rules docket should enclose a self- Fishery of the South Atlantic. The standard applicable to the same aspect addressed, stamped postcard in the Council is also holding a public hearing of performance which is not identical to envelope with their comments. Upon to solicit comments on management the Federal standard, except to the receiving the comments, the docket options for Amendment 1 to the Shrimp extent that the State requirement supervisor will return the postcard by FMP that would add rock shrimp to the imposes a higher level of performance mail. management unit, prohibit shrimp and applies only to vehicles procured trawling in certain areas, and establish for the State’s use. 49 U.S.C. 30161 sets List of Subjects in 49 CFR Part 571 permitting and reporting requirements forth a procedure for judicial review of Imports, Motor vehicle safety, Motor for this fishery. See the SUPPLEMENTARY final rules establishing, amending or vehicles, Rubber and rubber products, INFORMATION section for additional revoking Federal motor vehicle safety tires. information on the hearing and scoping meetings. standards. That section does not require In consideration of the following, DATES: The public scoping meetings are submission of a petition for NHTSA proposes to amend 49 CFR part scheduled to begin at 7 p.m. on reconsideration or other administrative 571 as follows: proceedings before parties may file suit Monday, June 19, 1995, at Palm Beach in court. PART 571Ð[AMENDED] Gardens, FL. The hearing is scheduled to begin at Procedures for Filing Comments 1. The authority citation for part 571 1:45 p.m. on Thursday, June 22, 1995, Interested persons are invited to would continue to read as follows: at Palm Beach Gardens, FL. submit comments on the proposal. It is Authority: 49 U.S.C. 322, 30111, 30115, ADDRESSES: The public scoping requested but not required that 10 30117, and 30166; delegation of authority at meetings and public hearing will be copies be submitted. 49 CFR 1.50. held in conjunction with the South 31950 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Proposed Rules Atlantic Council public meetings at the management actions. Recent advances of 28° N. lat.; (4) allow trawling south Palm Beach Gardens Marriott, 4000 RCA in gear development through of Cape Canaveral only with Boulevard, Palm Beach Gardens, FL cooperative efforts between Federal and transponders; (5) prohibit trawling west 33410; telephone: (407) 622–8888. state governments and the shrimp of Oculina Bank; (6) prohibit trawling in Requests for copies of the public industry have produced Bycatch depths of less than 120 ft (36.58 m); (7) scoping and hearing documents should Excluder Devices (BRDs) that allow trawling with transponders only be sent to the Council at the following successfully exclude juvenile fish from from Duval County through St. Lucie address: South Atlantic Fishery shrimp trawls with a minimum of County; (8) limit trawling from Duval Management Council, One Southpark shrimp loss. At its October 1994 County through St. Lucie, County; and Circle, Suite 306, Charleston, SC 29407– meeting in Wrightsville Beach, NC, the (9) prohibit trawling south of Cape 4699. Council recommended that NMFS Canaveral, FL (i.e., south of 28°35.1′ N. FOR FURTHER INFORMATION CONTACT: emphasize the development of efficient lat.). Sharon Coste (Council staff); telephone: and effective BRDs in its bycatch A scoping meeting will also be held 803–571–4366; fax: 803–769–4520. reduction research efforts in the South to solicit comments on wreckfish caught Atlantic; this would provide the Council SUPPLEMENTARY INFORMATION: A public by recreational fishermen and the scoping meeting will be held to solicit and the South Atlantic states with commercial bycatch of wreckfish comments on the sale of fish caught expanded options to reduce finfish outside of the Blake Plateau. bycatch in the shrimp trawl fishery. under the recreational bag limit (all Amendments 3 and 4 to the Snapper- Both the Council and the South Atlantic species). The Council has considered Grouper FMP established a management states have requested that NMFS this issue on numerous occasions over program for wreckfish in the South proceed as rapidly as possible to obtain the past several years, and both Atlantic region. A framework measure the research information needed to commercial and recreational fishermen was also included allowing the Council identify and assess options for requiring have expressed concerns about this to set total allowable catch (TAC) each the use of BRDs under the Shrimp FMP matter. Currently, all of the Council’s year and at the same time consider other and under coastal fishery management FMPs allow for the sale of fish taken options. Amendment 5 to the Snapper- plans (CFMPs) developed by the under a legal bag limit. The issue Grouper FMP established an individual Atlantic States Marine Fisheries transferable quota (ITQ) system in the regarding the sale of fish caught under Commission (Commission), under wreckfish fishery that only allows ITQ bag limits involves several provisions of the Atlantic Coastal shareholders to land and sell wreckfish, considerations including: (1) The Fisheries Cooperative Management Act and allows only permitted dealers to definitions of recreational and of 1993 (Atlantic Coastal Act). commercial fishermen; (2) the ethical The Council has asked NMFS to handle wreckfish and to buy wreckfish question of a ‘‘recreational’’ fisherman conduct a bycatch characterization of from ITQ shareholders. Recently, there selling his catch; and (3) the impacts on the rock shrimp fishery off Cape have been reports of wreckfish being a commercial quota from selling fish Canaveral, FL. Concerns still exist caught by recreational fishermen fishing caught under the bag limit. The Council relative to the impacts of shrimp primarily for red grouper off Key West, will consider prohibiting the sale of fish bycatch on the Spanish and king FL, and commercial fishermen, by recreational anglers. mackerel resources. In addition, under especially off south Florida, observing The Council will also hold a public the current Amendment 2 to the CFMP occasional wreckfish bycatch. These scoping meeting to solicit comments on for Weakfish, prepared by the reports do not indicate frequency or Amendment 2 to the Shrimp FMP to Commission under the Atlantic Coastal poundage of catches, disposition of address the issue of finfish bycatch in Act, all South Atlantic states must catches, nor substantial quantities or the shrimp trawl fishery. The Council implement management measures to targeting of wreckfish. The Council is prepared the Shrimp FMP in 1992 and reduce the bycatch of weakfish in the considering the following management NMFS approved and implemented it in shrimp trawl fisheries by 50 percent for options for regulating this fishery: (1) 1993. At the time the Shrimp FMP was the 1996 fishing season. Bycatch No action (i.e., do not allow the taking implemented, the Council was reduction plans must be submitted to or landing of wreckfish in the South concerned about finfish bycatch in the the Commission’s Weakfish Technical Atlantic region except by ITQ shrimp trawl fishery, and intended to Committee by October 1, 1995. shareholders; (2) set a recreational bag begin developing management measures The Council is closely coordinating limit of 1 or 2 fish per fisherman per through an FMP amendment that would its efforts with the marine resource trip; (3) set a recreational bag limit of 1 reduce bycatch. The Council’s goal for agencies of the South Atlantic states and or 2 fish per boat per day; (4) set a bycatch reduction was delayed by the has also initiated action on the shrimp recreational bag limit of 1 or 2 fish per 1990 amendments to the Magnuson trawl bycatch issue by beginning the boat per trip; (5) set an undetermined Fishery Conservation and Management scoping process on the development of recreational bag limit; (6) set a bag limit Act, which mandated a 3-year research Amendment 2 to the Shrimp FMP. of 1 or 2 fish per boat per trip for program to assess the impacts of shrimp Among several management alternatives commercial fishermen in the South trawl bycatch on fishery resources under consideration by the Council are Atlantic region who are not wreckfish under management of the Council. The the use of BRDs by season and/or area, ITQ shareholders; (7) set a bag limit of results of this research program have as well as areal or seasonal closures. 1 or 2 fish per boat per day for been recently summarized in a NMFS A public scoping meeting will also be commercial fishermen in the South report to Congress titled ‘‘A Report to held to solicit comments on the Atlantic region who are not wreckfish Congress—Cooperative Research development of an FMP for the calico ITQ shareholders; (8) set a bag limit of Program Addressing Finfish Bycatch in scallop fishery. The Council may 1 or 2 fish per boat per trip for the Gulf of Mexico and South Atlantic consider the following measures as commercial fishermen in the south Shrimp Fisheries—April 1995.’’ possible management options for this Florida area who are not wreckfish ITQ These research results will be fishery: (1) No action; (2) prohibit calico shareholders; (9) set a bag limit of 1 to considered by the Council as an scallop trawling (trawling) south of 2 fish per boat per day for commercial important basis for any specific 28°30′ N. lat; (3) prohibit trawling south fishermen in the south Florida area who Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Proposed Rules 31951 are not wreckfish ITQ shareholders, (10) other management measures to enhance These meetings are physically allow for an undetermined commercial law enforcement that it is considering. accessible to people with disabilities. bag limit in the South Atlantic region; Verbal public comments regarding Requests for sign language and (11) allow for an undetermined Shrimp FMP Amendment 1 may be interpretation or other auxiliary aids commercial bag limit only in the South presented at the public hearing and will should be directed to the Council office Florida area. be considered by the Council prior to by June 16, 1995. A final public hearing will be held to taking its intended final action at the solicit comments on management June public meeting. Written public For special accommodations options for Amendment 1 to the Shrimp comments on the subjects of the scoping regarding the meetings and hearing, FMP, which proposes to add rock meetings, including any Council contact the Council (see ADDRESSES). shrimp to the management unit, scoping documents made available to Authority: 16 U.S.C. 1801 et. seq. prohibit trawling for rock shrimp in the public, may be submitted to the Dated: June 13, 1995. designated areas, and implement Council from the time of the scoping mandatory permitting and reporting meetings until such time as the Council Richard H. Schaefer, requirements for vessels fishing for, and has prepared appropriate and related Director, Office of Fisheries Conservation and dealers handling, rock shrimp in the hearing documents that are available for Management, National Marine Fisheries South Atlantic region. In addition, the public comment. For copies of the Service. Council will solicit comments on a public scoping and hearing documents, [FR Doc. 95–14827 Filed 6–13–95; 3:27 pm] mandatory vessel operator license and see ADDRESSES. BILLING CODE 3510±22±F 31952 Notices Federal Register Vol. 60, No. 117 Monday, June 19, 1995 This section of the FEDERAL REGISTER Dated: June 14, 1995. the only known producer/exporter of contains documents other than rules or Sally Collins, this merchandise from Thailand. proposed rules that are applicable to the Deschutes National Forest Supervisor. EFFECTIVE DATE: June 19, 1995. public. Notices of hearings and investigations, committee meetings, agency decisions and [FR Doc. 95–14869 Filed 6–16–95; 8:45 am] FOR FURTHER INFORMATION CONTACT: rulings, delegations of authority, filing of BILLING CODE 3410±11±M Holly A. Kuga, Director, Office of petitions and applications and agency Antidumping Compliance, International statements of organization and functions are Trade Administration, U.S. Department examples of documents appearing in this DEPARTMENT OF COMMERCE of Commerce, Washington D.C. 20230; section. telephone (202) 482–4737. International Trade Administration SUPPLEMENTARY INFORMATION: DEPARTMENT OF AGRICULTURE [A±427±801, A±428±801, A±475±801, A±588± Background 804, A±485±801, A±559±801, A±549±801, A± Forest Service The Department of Commerce (the 412±801] Department) has received timely Deschutes Provincial Interagency Antifriction Bearings (Other Than requests, in accordance with sections Executive Committee (PIEC), Advisory Tapered Roller Bearings) and Parts 353.22(a)(1), (2), and (3) of the Committee Thereof From France, Germany, Italy, Department’s regulations, for Japan, Romania, Singapore, Thailand, administrative reviews of the AGENCY: Forest Service, USDA. and the United Kingdom; Initiation of antidumping duty orders covering antifriction bearings (other than tapered ACTION: Notice of meeting. Antidumping Duty Administrative Reviews and Notice of Request for roller bearings) and parts thereof from Revocation of an Order France, Germany, Italy, Japan, Romania, SUMMARY: The Deschutes PIEC Advisory Singapore, Thailand, and the United Committee will meet on July 17 & 18th AGENCY: Import Administration, Kingdom. The orders cover three classes at the Hood River Inn in Hood River, International Trade Administration, or kinds of merchandise: ball bearings Oregon. July 17 will be a field trip to Department of Commerce. (ball), cylindrical roller bearings selected watersheds on the Mt. Hood ACTION: Notice of initiation of (cylindrical), and spherical plain National Forest. July 18 will be a regular antidumping duty administrative bearings (spherical). Pursuant to section business meeting. Start times: July 17: reviews and notice of request for 353.25 of our regulations, NMB/Pelmec 9:30 am; July 18: 8 am. Agenda items revocation of order. has requested revocation of the order include: (1) Watershed restoration covering ball bearings and parts thereof projects in the Deschutes Province; (2) SUMMARY: The Department of Commerce from Thailand. NMB/Pelmec is the only Forest health in the Province; (3) A has received requests to conduct known producer/exporter of this briefing on the Eastside Ecosystem administrative reviews of the merchandise from Thailand. NMB/ Project; (4) An update on Resource antidumping duty orders on antifriction Pelmec based its request on its claim Advisory Committees; and (5) Open bearings (other than tapered roller that there has been an absence of public forum. All Deschutes Province bearings) and parts thereof from France, dumping on sales of the above subject Advisory Committee meetings are open Germany, Italy, Japan, Romania, merchandise for a period of three Singapore, Thailand, and the United to the public. consecutive years. Kingdom. In accordance with the FOR FURTHER INFORMATION CONTACT: Commerce regulations, we are initiating Initiation of Reviews Harry Hoogesteger, Province Liaison, those administrative reviews. The In accordance with section 353.22(c) USDA, Fort Rock Ranger District, 1230 review period is May 1, 1994, through of our regulations, we are initiating N.E. 3rd, Bend, Oregon 97701, 503–383– April 30, 1995. We have also received administrative reviews of the following 4704. a request to revoke the order covering antidumping duty orders. We intend to ball bearings and parts thereof from issue the final results of these reviews Thailand with respect to NMB/Pelmec, no later than May 31, 1996. Proceedings and firms Class or kind France A±427±801: Franke GmbH ...... Ball. Hoesch Rothe-Erde AG ...... Ball. Intertechnique ...... All. Rollix Defontaine, S.A ...... Ball. SKF France (including all relevant affiliates) ...... All. SNFA ...... Ball & Cylindrical. Societe Nouvelle de Roulements (SNR) ...... All. Germany A±428±801: FAG Kugelfischer Georg Schaefer AG ...... All. Fichtel & Sachs AG ...... Ball. Franke GmbH ...... Ball. Hoesch Rothe Erde AG ...... Ball. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31953 Proceedings and firms Class or kind INA Walzlager Schaeffler KG ...... All. NTN Kugellagerfabrik (Deutschland) GmbH ...... All. Rollix & Defontaine, S.A ...... Ball. SKF GmbH. (including all relevant affiliates) ...... All. Torrington Nadellager (Torrington/Kuensebeck) ...... Ball & Cylindrical. Italy A±475±801: FAG Italia S.p.A. (including all relevant affiliates) ...... Ball & Cylindrical. SKF-Industrie S.p.A ...... Ball. Japan A±588±804: Asahi Seiko ...... Ball. Izumoto Seiko Co., Ltd ...... All. Jidosha Buhin Kogyo Co., Ltd ...... Ball. Koyo Seiko Company, Ltd ...... All. Naiico Spicer Co., Ltd ...... Ball. Nippon Pillow Block Sales Company, Ltd ...... All. Nippon Seiko K.K. (NSK) ...... All. Nissan Trading Co., Ltd ...... Ball. NTN Corp ...... All. Romania A±485±801: Tehnoimportexport, S.A ...... Ball. Singapore A±559±801: NMB Singapore/Pelmec Ind ...... Ball. Thailand A±549±801: NMB Thai/Pelmec Thai Ltd ...... Ball. United Kingdom A±412±801: Barden Corporation ...... Ball. NSK Bearings Europe, Ltd./RHP Bearings Ltd ...... Ball & Cylindrical. Normalair-Garrett Ltd ...... Ball & Cylindrical. Hoffmann U.K ...... Ball & Cylindrical Rose Bearing Co., Ltd ...... Ball & Cylindrical. Timken Bearing Co ...... Ball & Cylindrical Interested parties must submit FOR FURTHER INFORMATION CONTACT: In our notice of preliminary applications for administrative Irene Darzenta or Fabian Rivelis, Office determination we stated that we would protective orders in accordance with of Antidumping Investigations, Import solicit further information on various section 353.34(b) of the Department’s Administration, International Trade scope-related issues, including class or regulations. Administration, U.S. Department of kind of merchandise. On February 10, However, due to the large number of Commerce, 14th Street and Constitution 1995, we issued a questionnaire to parties to this proceeding, we strongly Avenue, N.W., Washington, D.C. 20230; interested parties to request further recommend that parties submit their telephone (202) 482–6320 or (202) 482– information on whether the scope of the APO applications as soon as possible, 3853. investigation constitutes more than one and we will process them on a first- class or kind of merchandise. Responses Final Determination come, first-served basis. to this questionnaire were submitted on These initiations and this notice are The Department of Commerce (the March 27, 1995. in accordance with section 751(a) of the Department) determines that small On April, 27, 1995, Koppel Steel Tariff Act of 1930 (19 U.S.C. 1675(a)) diameter circular seamless carbon and Corporation, a U.S. producer of subject and 19 CFR 353.22(c). alloy steel standard, line, and pressure merchandise which appeared as an pipe (seamless pipe) from Argentina is interested party from the outset of this Dated: June 12, 1995. investigation, requested co-petitioner Joseph A. Spetrini, being, or is likely to be, sold in the United States at less than fair value, as status. Deputy Assistant Secretary for Compliance. provided in section 735 of the Tariff Act On May 5, 1995, respondent [FR Doc. 95–14935 Filed 6–16–95; 8:45 am] of 1930, as amended (the Act) (1994). submitted its case brief. Petitioner 1 BILLING CODE 3510±DS±P The estimated margins are shown in the submitted its rebuttal brief on May 15, ‘‘Suspension of Liquidation’’ section of 1995. In its rebuttal brief, petitioner this notice. requested that the Department reject [A±357±809] ‘‘substantial portions’’ of Siderca’s case Case History brief because it allegedly constituted a Notice of Final Determination of Sales ‘‘new submission of factual at Less than Fair Value: Small Since our preliminary determination information.’’ Siderca objected to this Diameter Circular Seamless Carbon on January 19, 1995 (60 FR 5348, request on May 19, 1995. Petitioner and Alloy Steel Standard, Line, and January 27, 1994), the following events responded to this letter on May 26, Pressure Pipe From Argentina have occurred. 1995. However, we determined that In response to a request from Siderca’s case brief did not contain new AGENCY: Import Administration, respondent Siderca S.A.I.C. (Siderca), factual information. (See Comment 1 in International Trade Administration, we postponed the final determination the ‘‘Interested Party Comment’’ section Department of Commerce. until June 12, 1995, pursuant to section EFFECTIVE DATE: June 19, 1995. 735(a)(2)(A) of the Act (60 FR 9012, 1 All references to ‘‘petitioner’’ in this notice February 16, 1995). include Koppel Steel Corporation. 31954 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices of this notice.) In addition, on June 1, pressure pipe meeting the American 106 pipes may be used in some boiler 1995, the Department returned Siderca’s Society for Testing and Materials applications. May 19, 1995, letter, as well as (ASTM) standard A–106 may be used in The scope of this investigation petitioner’s letter of May 26, 1995, temperatures of up to 1000 degrees includes all seamless pipe meeting the because they constituted unsolicited fahrenheit, at various American Society physical parameters described above submissions untimely filed after the of Mechanical Engineers (ASME) code and produced to one of the briefing period. stress levels. Alloy pipes made to ASTM specifications listed above, regardless of application, and whether or not also Scope of Investigation standard A–335 must be used if temperatures and stress levels exceed certified to a non-covered specification. The following scope language reflects those allowed for A–106 and the ASME Standard, line and pressure applications certain modifications made for purposes codes. Seamless pressure pipes sold in and the above-listed specifications are of the final determination, where the United States are commonly defining characteristics of the scope of appropriate, as discussed in the ‘‘Scope produced to the ASTM A–106 standard. this investigation. Therefore, seamless Issues’’ section below. Seamless standard pipes are most pipes meeting the physical description The scope of this investigation commonly produced to the ASTM A–53 above, but not produced to the A–335, includes seamless pipes produced to the specification and generally are not A–106, A–53, or API 5L standards shall ASTM A–335, ASTM A–106, ASTM A– intended for high temperature service. be covered if used in a standard, line or 53 and API 5L specifications and They are intended for the low pressure application. meeting the physical parameters temperature and pressure conveyance of For example, there are certain other described below, regardless of water, steam, natural gas, air and other ASTM specifications of pipe which, application. The scope of this liquids and gasses in plumbing and because of overlapping characteristics, investigation also includes all products heating systems, air conditioning units, could potentially be used in A–106 used in standard, line, or pressure pipe automatic sprinkler systems, and other applications. These specifications applications and meeting the physical related uses. Standard pipes (depending generally include A–162, A–192, A–210, parameters below, regardless of on type and code) may carry liquids at A–333, and A–524. When such pipes specification. elevated temperatures but must not are used in a standard, line or pressure For purposes of this investigation, pipe application, such products are exceed relevant ASME code seamless pipes are seamless carbon and covered by the scope of this requirements. alloy (other than stainless) steel pipes, investigation. of circular cross-section, not more than Seamless line pipes are intended for Specifically excluded from this 114.3 mm (4.5 inches) in outside the conveyance of oil and natural gas or investigation are boiler tubing and diameter, regardless of wall thickness, other fluids in pipe lines. Seamless line mechanical tubing, if such products are manufacturing process (hot-finished or pipes are produced to the API 5L not produced to A–335, A–106, A–53 or cold-drawn), end finish (plain end, specification. API 5L specifications and are not used bevelled end, upset end, threaded, or Seamless pipes are commonly in standard, line or pressure threaded and coupled), or surface finish. produced and certified to meet ASTM applications. In addition, finished and These pipes are commonly known as A–106, ASTM A–53 and API 5L unfinished OCTG are excluded from the standard pipe, line pipe or pressure specifications. Such triple certification scope of this investigation, if covered by pipe, depending upon the application. of pipes is common because all pipes the scope of another antidumping duty They may also be used in structural meeting the stringent A–106 order from the same country. If not applications. Pipes produced in non- specification necessarily meet the API covered by such an OCTG order, standard wall thicknesses are commonly 5L and ASTM A–53 specifications. finished and unfinished OCTG are referred to as tubes. Pipes meeting the API 5L specification included in this scope when used in The seamless pipes subject to these necessarily meet the ASTM A–53 standard, line or pressure applications. investigations are currently classifiable specification. However, pipes meeting Finally, also excluded from this under subheadings 7304.10.10.20, the A–53 or API 5L specifications do not investigation are redraw hollows for 7304.10.50.20, 7304.31.60.50, necessarily meet the A–106 cold-drawing when used in the 7304.39.00.16, 7304.39.00.20, specification. To avoid maintaining production of cold-drawn pipe or tube. 7304.39.00.24, 7304.39.00.28, separate production runs and separate Although the HTSUS subheadings are 7304.39.00.32, 7304.51.50.05, inventories, manufacturers triple certify provided for convenience and customs 7304.51.50.60, 7304.59.60.00, the pipes. Since distributors sell the vast purposes, our written description of the 7304.59.80.10, 7304.59.80.15, majority of this product, they can scope of this investigation is dispositive. 7304.59.80.20, and 7304.59.80.25 of the thereby maintain a single inventory to Scope Issues Harmonized Tariff Schedule of the service all customers. United States (HTSUS). The primary application of ASTM A– Interested parties in these The following information further 106 pressure pipes and triple certified investigations have raised several issues defines the scope of this investigation, pipes is in pressure piping systems by related to the scope. We considered which covers pipes meeting the refineries, petrochemical plants and these issues in our preliminary physical parameters described above: chemical plants. Other applications are determination and invited additional Specifications, Characteristics and in power generation plants (electrical- comments from the parties. These Uses: Seamless pressure pipes are fossil fuel or nuclear), and in some oil issues, which are discussed below, are: intended for the conveyance of water, field uses (on shore and off shore) such (A) Whether to continue to include end steam, petrochemicals, chemicals, oil as for separator lines, gathering lines use as a factor in defining the scope of products, natural gas and other liquids and metering runs. A minor application these investigations; (B) whether the and gasses in industrial piping systems. of this product is for use as oil and gas seamless pipe subject to these They may carry these substances at distribution lines for commercial investigations constitutes more than one elevated pressures and temperatures applications. These applications class or kind of merchandise; and (C) and may be subject to the application of constitute the majority of the market for miscellaneous scope clarification issues external heat. Seamless carbon steel the subject seamless pipes. However, A– and scope exclusion requests. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31955 A. End Use the Department also provided an Mannesmann S.A., the Brazilian We stated in our preliminary additional description of the covered respondent, and Mannesmannrohren- determination that we agreed with merchandise, and initiated an end-use Werke, A.G., the German respondent, petitioner that pipe products identified certification procedure. argued that the scope should be divided as potential substitutes used in the same Regarding implementation of the end based upon material composition: applications as the four standard, line, use provision of the scope of these carbon and alloy steel seamless pipe and pressure pipe specifications listed investigations, and any orders which constitute two classes or kinds. in the scope would fall within the class may be issued in these investigations, In our preliminary determinations, we or kind of subject merchandise and, we are well aware of the difficulty and found insufficient evidence on the therefore, within the scope of any orders burden associated with such record that the merchandise subject to issued in these investigations. However, certifications. Therefore, in order to these investigations constitutes more we acknowledged the difficulties maintain the effectiveness of any order than one class or kind. We also involved with requiring end-use that may be issued in light of actual indicated that there were a number of certifications, particularly the burdens substitution in the future (which the areas where clarification and additional placed on the Department, the U.S. end-use criterion is meant to achieve), comment were needed. For purposes of Customs Service, and the parties, and yet administer certification procedures the final determination, we considered stated that we would strive to simplify in the least problematic manner, we a significant amount of additional have developed an approach which information submitted by the parties on any procedures in this regard. For purposes of these final simplifies these procedures to the this issue, as well as information from determinations, we have considered greatest extent possible. other sources. This information strongly First, we will not require end-use carefully additional comments supports a finding of one class or kind certification until such time as submitted by the parties and have of merchandise. As detailed in the June petitioner or other interested parties determined that it is appropriate to 12, 1995, Class or Kind Decision provide a reasonable basis to believe or continue to employ end use to define Memorandum from DAS to AS, we suspect that substitution is occurring.3 the scope of these cases with respect to analyzed this issue based on the criteria Second, we will require end-use non-listed specifications. We find that set forth by the Court of International certification only for the product(s) (or the generally accepted definition of Trade in Diversified Products v. United specification(s)) for which evidence is standard, line and pressure seamless States, 6 CIT 155, 572 F. Supp. 883 provided that substitution is occurring. pipes is based largely on end use, and (1983). These criteria are as follows: (1) For example, if, based on evidence that end use is implicit in the The general physical characteristics of provided by petitioner, the Department description of the subject merchandise. the merchandise; (2) expectations of the finds a reasonable basis to believe or Thus, end use must be considered a ultimate purchaser; (3) the ultimate use suspect that seamless pipe produced to significant defining characteristic of the of the merchandise; (4) the channels of A–162 specification is being used as subject merchandise. Given our past trade in which the merchandise moves; pressure pipe, we will require end-use experience with substitution after the and (5) the cost of that merchandise. certifications for imports of A–162 In the past, the Department has imposition of antidumping orders on specification. Third, normally we will divided a single class or kind in a steel pipe products,2 we agree with require only the importer of record to petition into multiple classes or kinds petitioner that if products produced to certify to the end use of the imported where analysis of the Diversified a non-listed specification (e.g., seamless merchandise. If it later proves necessary Products criteria indicates that the pipe produced to A–162, a non-listed for adequate implementation, we may subject merchandise constitutes more specification in the scope) were actually also require producers who export such than one class or kind. See, for example, used as standard, line, or pressure pipe, products to the United States to provide Final Determination of Sales at Less then such product would fall within the such certification on invoices than Fair Value; Anti-Friction Bearings same class or kind of merchandise accompanying shipments to the United (Apart from Tapered Roller Bearings) subject to these investigations. Furthermore, we disagree with States. For a complete discussion of from Germany, 54 FR 18992, 18998 respondents’ general contention that interested party comments and the (May 3, 1989) (‘‘AFBs from Germany’’); using end use for the scope of an Department’s analysis on this topic, see Pure and Alloy Magnesium from antidumping case is beyond the June 12, 1995, End Use Decision Canada: Final Affirmative purview of the U.S. antidumping law. Memorandum from Deputy Assistant Determination; Rescission of The Department has interpreted scope Secretary Barbara Stafford (DAS) to Investigation and Partial Dismissal of language in other cases as including an Assistant Secretary Susan Esserman Petition, 57 FR 30939 (July 13, 1992). (AS). end-use specification. See Ipsco Inc. v. 1. Physical Characteristics United States, 715 F.Supp. 1104 (CIT B. Class or Kind We find little meaningful difference 1989) (Ipsco). In Ipsco, the Department In the course of these investigations, in physical characteristics between had clarified the scope of certain orders, certain respondents have argued that the seamless pipe above and below two in particular the phrase, ‘‘intended for scope of the investigations should be inches. Both are covered by the same use in drilling for oil and gas,’’ as divided into two classes or kinds. technical specifications, which contains covering not only API specification Siderca S.A.I.C., the Argentine detailed requirements.4 While we OCTG pipe but, ‘‘ ‘all other pipe with respondent, has argued that the scope recognize that carbon and alloy pipe do [certain specified] characteristics used should be divided according to size: have some important physical in OCTG applications * * *.’ ’’ Ipsco at seamless pipe with an outside diameter 1105. In reaching this determination, of 2 inches or less and pipe with an 4 The relevant ASTM specifications, as well as outside diameter of greater than 2 product definitions from other independent sources 2 See Preliminary Affirmative Determination of (e.g., American Iron and Steel Institute (AISI)), Scope Inquiry on Antidumping Duty Orders on inches constitute two classes or kinds. describe the sizes for standard, line, and pressure Certain Welded Non-Alloy Steel Pipes from Brazil, pipe, as ranging from 1⁄2 inch to 60 inches the Republic of Korea, Mexico and Venezuela, 59 3 This approach is consistent with petitioner’s (depending on application). None of these FR 1929, January 13, 1994. request. descriptions suggest a break point at two inches. 31956 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices differences (primarily the enhanced heat does not recognize a break point at 2 the products in the proposed class or and pressure tolerances associated with inches. Accordingly, the Department kind of merchandise, we find that the alloy grade steels), it is difficult to say does not agree with Siderca that ‘‘the similarities significantly outweigh any where carbon steel ends and alloy steel U.S. market’’ recognizes 2 inches as a differences. Therefore, for purposes of begins. As we have discussed in our physical boundary line for the subject the final determination, we will Class or Kind Decision Memorandum of merchandise. continue to consider the scope as June 12, 1995, carbon steel products In these present cases, therefore, the constituting one class or kind of themselves contain alloys, and there is Department finds that there is merchandise. insufficient evidence that any physical a range of percentages of alloy content C. Miscellaneous Scope Clarification differences between pipe over 2 inches present in merchandise made of carbon Issues and Exclusion Requests steel. We find that alloy grade steels, in outside diameter and 2 inches or less and pipes made therefrom, represent the in outside diameter, or between carbon The miscellaneous scope issues upper end of a single continuum of steel and alloy steel, rise to the level of class include: (1) Whether OCTG and grades and associated attributes.5 or kind distinctions. unfinished OCTG are excluded from the In those prior determinations where scope of these investigations; (2) 2. Ultimate Use and Purchaser the Department divided a single class or whether pipes produced to non- Expectations kind, the Department emphasized that standard wall thicknesses (commonly differences in physical characteristics We find no evidence that pipe above referred to as ‘‘tubes’’) are covered by also affected the capabilities of the and below two inches is used the scope; (3) whether certain merchandise (either the mechanical exclusively in any specific applications. merchandise (e.g., boiler tubing, capabilities, as in AFBs from Germany, Rather, the record indicates that there mechanical tubing) produced to a 54 FR at 18999, 19002–03, or the are overlapping applications. For specification listed in the scope but chemical capabilities, as in Pure and example, pipe above and below two used in an application excluded from Alloy Magnesium from Canada, 57 FR at inches may both be used as line and the scope is covered by the scope; and 30939), which in turn established the pressure pipe. The technical definitions (4) whether redraw hollows used for boundaries of the ultimate use and for line and pressure pipe provided by cold drawing are excluded from the customer expectations of the products ASTM, AISI, and a variety of other scope. For a complete discussion of involved. sources do not recognize a distinction interested party comments and the As the Department said in AFBs from between pipe over and under two Department’s analysis on these topics, Germany, inches. see June 12, 1995, Additional Scope Likewise, despite the fact that alloy Clarifications Decision Memorandum [t]he real question is whether the physical from DAS to AS. differences are so material as to alter the grade steels are associated with enhanced heat and pressure tolerances, Regarding OCTG, petitioner requested essential nature of the product, and, that OCTG and unfinished OCTG be therefore, rise to the level of class or kind there is no evidence that the carbon or distinctions. We believe that the physical alloy content of the subject merchandise included within the scope of these differences between the five classes or kinds can be differentiated in the ultimate use investigations if used in a standard, line of the subject merchandise are fundamental or expectations of the ultimate or pressure pipe application. However, and are more than simply minor variations purchaser of seamless pipe. OCTG and unfinished OCTG, even on a theme. when used in a standard, line or 3. Channels of Trade 54 FR at 19002. In the present cases, pressure pipe application, may come there is insufficient evidence to Based on information supplied by the within the scope of certain separate, conclude that the differences between parties, we determine that the vast concurrent investigations. We intend pipe over 2 inches in outside diameter majority of the subject merchandise is that merchandise from a particular and 2 inches or less in outside diameter, sold through the same channel of country not be classified simultaneously rise to the level of a class or kind distribution in the United States and is as subject to both an OCTG order and distinction. triple-stenciled in order to meet the a seamless pipe order. Thus, to Furthermore, with regard to Siderca’s greatest number of applications. eliminate any confusion, we have allegation that a two-inch breakpoint is Accordingly, the channels of trade revised the scope language above to widely recognized in the U.S. market for offer no basis for dividing the subject exclude finished and unfinished OCTG, seamless pipe, the Department has merchandise into multiple classes or if covered by the scope of another found only one technical source of U.S. kinds based on either the size of the antidumping duty order from the same market data for seamless pipe, the outside diameter or on pipe having a country. If not covered by such an Preston Pipe Report. The Preston Pipe carbon or alloy content. OCTG order, finished and unfinished OCTG are included in this scope when Report, which routinely collects and 4. Cost publishes U.S. market data for this used in a standard, line or pressure pipe merchandise, publishes shipment data Based on the evidence on the record, application, and, as with other non- we find that cost differences between listed specifications, may be subject to for the size ranges 1⁄2 to 41⁄2 inches: it the various products do exist. However, end-use certification if there is evidence 5 The Department has had numerous cases where the parties varied considerably in the of substitution. steel products including carbon and alloy grades factors which they characterized as most Regarding pipe produced in non- were considered to be within the same class or significant in terms of affecting cost. standard wall thicknesses, we determine kind. See, e.g., Preliminary Determination of Sales There is no evidence that the size ranges that these products are clearly within at Less than Fair Value: Oil Country Tubular Goods from Austria, et al., 60 FR 6512 (February 2, 1995); above and below two inches, and the the parameters of the scope of these Final Determination of Sales at Less than Fair difference between carbon and alloy investigations. For clarification Value: Certain Alloy and Carbon Hot-Rolled Bars, grade steels, form a break point in cost purposes, we note that the physical Rods, and Semi-Finished Products of Special Bar which would support a finding of parameters of the scope include all Quality Engineered Steel from Brazil, 58 FR 31496 (June 3, 1993); Final Determination of Sales at Less separate classes or kinds. seamless carbon and alloy steel pipes, of than Fair Value: Forged Steel Crankshafts from the In conclusion, while we recognize circular cross-section, not more than 4.5 United Kingdom, 60 FR 22045 (May 9, 1995). that certain differences do exist between inches in outside diameter, regardless of Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31957 wall thickness. Therefore, the fact that definition of like product, for the Swine and Fresh, Chilled, and Frozen such products may be referred to as reasons set forth in the ITC’s Pork Products from Canada, 50 FR tubes by some parties, and may be preliminary determination. Because 25097 (June 17, 1985). The Department multiple-stenciled, does not render Gulf States is a producer of the like has rejected a request to add a co- them outside the scope. product, it has standing to file a petition petitioner based on the untimeliness of Regarding pipe produced to a covered with respect to the class or kind of the request only where the Department specification but used in a non-covered merchandise under investigation. determined that there was not adequate application, we determine that these Further, as noted in the ‘‘Case History’’ time for opposing parties to submit products are within the scope. We agree section of this notice, on April 27, 1995, comments and for the Department to with the petitioner that the scope of this Koppel, a U.S. producer of the product consider the relevant arguments. See investigation includes all merchandise size range at issue, filed a request for co- Final Affirmative Countervailing Duty produced to the covered specifications petitioner status, which the Department Determination: Certain Stainless Steel and meeting the physical parameters of granted. As a producer of the like Hollow Products from Sweden, 52 FR the scope, regardless of application. The product, Koppel also has standing. 5794, 5795, 5803 (February 26, 1987). In end-use criteria included in the scope is The Argentine respondent argues that this investigation, the respondents have only applicable to products which can Koppel’s request was filed too late to had an opportunity to comment on be substituted in the applications to confer legality on the initiation of these Koppel’s request for co-petitioner status, which the covered specifications are put proceedings with regard to the products and the Argentine respondent has done i.e. standard, line, and pressure at issue. Gulf States Tube maintains that so in its case brief. Therefore, we have applications. the Department has discretion to permit determined that, because respondents It is apparent that at least one party the amendment of a petition for would not be prejudiced or unduly in this case interpreted the scope purposes of adding co-petitioners who burdened, amendment of the petition to incorrectly. Therefore, we have clarified produce the domestic like product, at add Koppel as co-petitioner is the scope to make it more explicit that such time and upon such circumstances appropriate. all products made to ASTM A–335, as deemed appropriate by the ASTM A–106, ASTM A–53 and API 5L Department. Period of Investigation are covered, regardless of end use. The Court of International Trade (CIT) The period of investigation (POI) is With respect to redraw hollows for has upheld in very broad terms the January 1, through June 30, 1994. cold drawing, the scope language Department’s ability to allow excludes such products specifically amendments to petitions. For example, Applicable Statute and Regulations when used in the production of cold- in Citrosuco Paulista, S.A. v. United Unless otherwise indicated, all drawn pipe or tube. We understand that States, 704 F. Supp. 1075 (Ct. Int’l Trade citations to the statute and to the petitioner included this exclusion 1988), the Court sustained the Department’s regulations are in language expressly and intentionally to Department’s granting of requests for co- reference to the provisions as they ensure that hollows imported into the petitioner status filed by six domestic existed on December 31, 1994. United States are sold as intermediate producers on five different dates during Best Information Available products, not as merchandise to be used an investigation. The Court held that the in a covered application. addition of the co-petitioners cured any In accordance with section 776(c) of the Act, we have determined that the Standing defect in the petition, and that allowing the petition to be amended was within use of best information available (BIA) The Argentine, Brazilian, and German Commerce’s discretion: is appropriate for Siderca, the only respondents have challenged the named respondent in this investigation. [S]ince Commerce has statutory discretion standing of Gulf States Tube to file the to allow amendment of a dumping petition As stated in our notice of preliminary petition with respect to pipe and tube at any time, and since Commerce may self- determination, on September 12, 1994, between 2.0 and 4.5 inches in outside initiate a dumping petition, any defect in a Siderca notified the Department that it diameter, arguing that Gulf States Tube petition filed by [a domestic party is] cured would not participate in this does not produce these products. when domestic producers of the like product investigation. Because Siderca refused Pursuant to section 732(b)(1) of the [are] added as co-petitioners and Commerce to answer the Department’s Act, an interested party as defined in [is] not required to start a new investigation. questionnaire, we find that it has not section 771(9)(C) of the Act has standing Citrosuco, 704 F. Supp. at 1079 cooperated in this investigation. to file a petition. (See also 19 CFR (emphasis added). The Court reasoned In determining what rate to use as 353.12(a).) Section 771(9)(C) of the Act that if Commerce were to have BIA, the Department follows a two- defines ‘‘interested party,’’ inter alia, as dismissed the petition for lack of tiered BIA methodology, whereby the a producer of the like product. For the standing, and to have required the co- Department may impose the most reasons outlined in the ‘‘Scope Issues’’ petitioners to refile at a later date, it adverse rate upon those respondents section above, we have determined that ‘‘would have elevated form over who refuse to cooperate or otherwise the subject merchandise constitutes a substance and fruitlessly delayed the significantly impede the proceeding, or single class or kind of merchandise. The antidumping investigation * * * when assign a lower rate for those respondents International Trade Commission (ITC) Congress clearly intended these cases to who have cooperated in an has also preliminarily determined that proceed expeditiously.’’ Id. at 1083–84. investigation. The Department’s BIA there is a single like product consisting Koppel has been an interested party methodology for uncooperative of circular seamless carbon and alloy and a participant in these investigations respondents is to assign the higher of steel standard, line, and pressure pipe, from the outset. The timing of Koppel’s the highest margin alleged in the and tubes not more than 4.5 inches in request for co-petitioner status and the petition or the highest rate calculated outside diameter, and including redraw fact that it made its request in response for another respondent. The hollows. (See USITC Publication 2734, to Siderca’s challenge to Gulf States’s Department’s practice for applying BIA August 1994 at 18). For purposes of Tube’s standing does not render its to cooperative respondents is to use the determining standing, the Department request invalid. See Final Affirmative higher of the average of the margins has determined to accept the ITC’s Countervailing Duty Determination; Live alleged in the petition or the calculated 31958 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices margin for another firm for the same commenting as an interested party in party with regard to seamless pipe of class or kind of merchandise from the this investigation. Furthermore, all of greater OD, then there is no more of a same country. See Final Determination the information contained in Siderca’s justification for a producer such as Gulf of Sales at Less than Fair Value: brief was submitted previously on the States to petition on pipe up to 4.5 Antifriction Bearings (Other Than record, so that its case brief contained inches than there is for it to petition up Tapered Roller Bearings) and Parts no new factual information. In addition, to 36 inches. Once the Department Thereof From the Federal Republic of the omission of certification from earlier determines that a petitioner is an Germany, 54 FR 18992, 19033 (May 3, submissions was a clerical oversight interested party for sizes beyond its 1989). The Department’s two-tier which was cured without prejudicing production capability, there is no reason methodology for assigning BIA based on petitioner. for drawing the line at 4.5 inches or any other point along the continuum. the degree of respondents’ cooperation Comment 2 has been upheld by the U.S. Court of With respect to Koppel’s request for Appeals for the Federal Circuit. (See Siderca maintains that Gulf States is co-petitioner status, respondent states Allied-Signal Aerospace Co. v. the not a producer of standard, line and that this request was filed too late United States, 996 F2d 1185 (Fed Cir. pressure pipe between 2.0 and 4.5 (almost 10 months after the June 23, 1993); see also Krupp Stahl AG. et al v. inches in outer diameter (OD) and, 1994, filing of the petition) to confer the United States, 822 F. Supp. 789 (CIT therefore, lacks standing as an legality on the initiation of this 1993).) Because there are no other ‘‘interested party’’ under section proceeding with regard to seamless pipe respondents in this investigation we are 771(9)(C) of the Act to petition on behalf between 2.0 and 4.5 inches in OD. assigning to Siderca, as BIA, the highest the U.S. industry which produces this According to Siderca, this action is margin among the margins alleged in merchandise. Siderca also asserts that unprecedented, and was precipitated by the petition. the request of Koppel Steel Corporation Gulf States’ and Koppel’s realization for co-petitioner status does not remedy that the petition and Department’s Fair Value Comparisons Gulf States’ lack of standing or cure the subsequent initiation are legally To determine whether sales of subject petitioner’s defects. Consequently, deficient with respect to seamless pipe merchandise from Germany to the Siderca urges the Department to rescind over 2.0 inches. Siderca also points out United States were made at less than the initiation of the investigation with that all of the information on which the fair value, we compared United States respect to seamless pipe in the OD size Department relied in making its price (USP) to foreign market value range between 2.0 and 4.5. initiation determination came from Gulf (FMV) as reported in the petition. See Specifically, respondent states that States, not Koppel. If Koppel is not Initiation of Antidumping Duty Gulf States openly admits in the petition accepted as co-petitioner, the initiation that it neither manufactures or sells Investigation of Small Diameter Circular of these investigations with regard to seamless pipe greater than or equal to Seamless Carbon and Alloy Steel pipe between 2.0 and 4.5 inches in OD 23⁄8 inches in OD, and that publicly Standard, Line and Pressure Pipe from must be rescinded because Gulf States is available evidence shows that Gulf Argentina, Brazil, Germany, and Italy not an interested party with respect to States neither manufactures or sells (59 FR 37025, July 20, 1994). merchandise of this size range. seamless pipe between 1.9 and 23⁄8 Siderca also asserts that if the Interested Party Comments inches in OD. Respondent also Department does not reject the petition maintains that Gulf States fails to meet Comment 1 or rescind the initiation with respect to the statutory test for interested party seamless pipe of this size range, it Petitioner contends that Siderca’s status to file a petition under Section should determine that there are two submissions of factual information 771(9)(C) of the Act, and has no legally- classes or kinds of merchandise, i.e., 2.0 made after its September 12, 1994, letter recognizable stake in the market for pipe inches and below; and between 2.0 and indicating that it would not participate greater than 2.0 inches in OD, as 4.5 inches, because these pipe size in the investigation, are untimely. As provided for in the legislative history of ranges differ in terms of physical such, they must be stricken from the the standing requirement. characteristics, purchaser expectations, record and not considered by the Furthermore, Siderca asserts that the end use and cost. Department in its final determination. In ITC’s one like product preliminary Gulf States contends that Siderca’s addition, petitioner states that none of determination does not change this objection to its standing is without merit the factual information upon which analysis because the like product because: (1) There is no basis in law or Siderca relies in its case brief has been determination made by the ITC when it in fact for treating pipe larger than 2.0 verified by the Department, which is considers the issue of material injury is inches in OD as a separate class or kind required under the antidumping statute different from the like product of merchandise; and (2) in any event, if it is to be utilized by the Department determination made by the Commerce Gulf States produces pipe in the in making a final determination. Also, Department when it considers the issue categories of merchandise proposed by petitioner states that some of Siderca’s of standing. The Commerce Department Siderca. Contrary to respondent’s claim, later submissions (e.g., submissions on is not required to adopt the ITC’s like petitioner points out that in its March October 12, 1994, and March 27, 1995) product definition for purposes of 27, 1995, submission, it provided related to standing and class or kind determining petitioner’s standing. extensive factual information issues did not contain certifications of Siderca adds that seamless carbon and concerning the stencilling, sale, factual information. alloy pipe is produced in a continuum distribution, and cost of production for of sizes at least up to 36 inches in OD; all sizes of subject merchandise DOC Position there is no ‘‘bright line’’ at any point on produced by Gulf States, including We disagree with petitioner. Despite that continuum above 2.0 inches, other seamless pipe larger than 2.0 inches in the fact that Siderca chose not to than a line that may be drawn where the OD. Therefore, petitioner asserts that respond to the Department’s facilities of producers impose physical even if pipe over 2.0 inches in OD were questionnaire, and thus not to limitations. Thus, if the Department to constitute a separate class or kind of participate in this investigation, the concludes that a producer of seamless merchandise, Gulf States would Department cannot preclude it from pipe up to 2.0 inches is an interested nonetheless have standing as a Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31959 petitioner. Additionally, Gulf States Finally, petitioner counters Siderca’s depending on size. Respondent states maintains that Siderca’s claim that assertion that an end use element in the that smaller pipe also costs more to Koppel cannot be added as a co- scope is contrary to GATT by stating manufacture because it requires more petitioner at the time it made its request that the GATT is not violated unless the manufacturing time, on a kilogram on April 27, 1995, is legally incorrect. country imposing the duties has basis, than larger pipe. Furthermore, Citing Citrosuco Paulista, S.A. v. United disregarded its obligations under Article respondent maintains that pipe in sizes States (704 F. Supp. 1075 (CIT 1988)), VI of the Antidumping Code; and that under 2.0 inches is usually cold-drawn, petitioner asserts that the Department Siderca does not allege that any a more costly process than hot-finishing, has discretion to permit the amendment provisions of relevant GATT which is the most common production of a petition for the purposes of adding antidumping law would be violated if process for pipe above 2.0 inches. co-petitioners who produce the like the Department, following established Petitioner argues that an analysis of product, at such time and upon such U.S. practice continues to consider end the five factors used in the diversified circumstances as deemed appropriate by use as a scope criterion. the Department. products analysis supports a single class DOC Position or kind of merchandise. Regarding the DOC Position We agree with petitioner for the physical characteristics, petitioner We agree with petitioner for reasons reasons outlined in the ‘‘Scope Issues’’ argues that seamless standard, line, and explained in our section on ‘‘Standing’’ section of this notice. pressure pipe each meet the same in this notice. physical characteristics described in the Comment 4 petition. Petitioner argues that the use of Comment 3 Siderca argues that there are two different production facilities to make Siderca argues that the Department classes or kinds of merchandise: physically identical merchandise does should reject petitioner’s end use standard line pipe 2.0 inches in outside not constitute a difference in physical language in the scope of this diameter and below; and between 2.0 characteristics. Petitioner also states the investigation which includes products and 4.5 inches in outside diameter. respondent’s argument that cold-drawn not subject to this investigation if they Respondent maintains that the criteria merchandise (pipe below 2.0 inches) are used in standard line pipe articulated in Diversified Products and hot-finished merchandise (pipe applications. support its assertion of two classes of above 2.0 inches) indicated two classes Respondent maintains that such an kinds. Specifically, respondent argues or kinds is contrary to the Department’s end use requirement would result in a that the distinct size differences decision not to create separate classes of disparate treatment between imported between steel pipe below 2.0 inches in kinds based on cold-drawn and hot- goods that have crossed the border and outside diameter and steel pipe between rolled products in Stainless Steel Bar domestic goods once they are competing 2.0 and 4.5 inches are recognized in the from Italy. Petitioner asserts that in the U.S. marketplace, which is industry as differentiating physical respondent’s suggestions that end users contrary to Article III of the General characteristics. Respondent maintains have different expectations for pipe Agreement on Tariffs and Trade that line capacity, operating pressure, below 2.0 inches is unfounded. (GATT). temperature, stress level, and structural Petitioner contends that the physical Respondent also argues that if an end integrity will determine the size of the characteristics of pipe are set forth in use certification program were pipe, and in turn, will determine the the ASTM and API specifications, implemented, it would be virtually particular application. which apply to all subject pipe unadministerable because importers and With respect to customer regardless of size. Petitioners contend producers normally do not know the expectations, Siderca argues that that the sales subject seamless pipes are end use of their product. Moreover, customers purchase pipe in specific made through the same channels of respondent cites the Oil Country sizes knowing that different sizes have trade. Petitioner maintains that the Tubular Goods from Canada different applications. Respondent ultimate end use of the product is investigation, in which the Department states that pipe under 2.0 inches is used largely dictated by the specification to abandoned its end use program after almost exclusively as pressure pipe which the pipe is produced. Petitioner two years, because the program was because of the unique characteristics of argues that since the majority of cumbersome and difficult to administer. pipe that size. Moreover, respondent imported subject pipe is triple certified, Petitioner states that end use is an claims that a purchaser will expect pipe the pipe may be put to use in any of the appropriate element of the scope and above 2.0 inches to be suitable for line uses that either A–106, A–53, or API 5L that the Department has included end pipe applications. may be applied. use has included end use as an element Regarding channels of trade, Petitioner argues that all subject of scope in other investigations. respondent argues that although pipe seamless pipe has sufficiently similar Furthermore, petitioner maintains that below 2.0 inches and pipe between 2.0 costs to be considered a single class or because of overlapping properties, it is and 4.5 inches are sold though kind of merchandise. Petitioner possible that pipe made to other distributors, this fact does not make contends that since the majority of the specifications than A–53, A–106, A– these two groups a single class or kind. 335, and API–5L may be applied to uses Siderca argues that the ultimate use of subject pipe is triple certified, it has for which those specifications are the product depends on the size. basically identical costs regardless of normally used, creating the likelihood Respondent states that pipe under 2.0 the customer to whom it is sold and that of substitution. Petitioner recognizes inches is used almost exclusively as there are only minimal differences in that defining scope by end use presents pressure pipe and most pipes between production costs between pipe over 2.0 more complications for the enforcement 2.0 and 4.5 inches are sold as line pipe. inches and pipe under 2.0 inches. of an order, but, for simplification, has Furthermore, respondent claims that DOC Position suggested that the Department employ a seamless pipe is almost never used in rebuttable presumption that standard pipe applications. We agree with petitioner for the specification is an indication of use for Respondent contends that the cost of reasons outlined in the ‘‘Scope Issues’’ pipe in non-listed specifications. seamless pipe differs significantly section of this notice. 31960 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices Comment 5 Register. The suspension of liquidation telephone (202) 482–6320 or 482–3853, In order to eliminate confusion and will remain in effect until further notice. respectively. uncertainty of the scope, respondent Weighted av- Final Determination argues that the Department should Manufacturer/producer/ex- porter erage margin The Department of Commerce (the clarify the language of the scope and percent Department) determines that small explicitly exclude products that are not diameter circular seamless carbon and intended to be part of the investigation. Siderca S.A.I.C...... 108.13 All Others ...... 108.13 alloy steel, standard, line and pressure Specifically, respondent argues that the pipe from Brazil (seamless pipe) is being Department exclude unfinished oil ITC Notification sold, or is likely to be sold, in the country tubular goods and tubing United States at less than fair value, as products made in non-pipe sizes. In accordance with section 735(d) of provided in section 735 of the Tariff Act Furthermore, respondent contends that the Act, we have notified the ITC of our of 1930, as amended (the ‘‘Act’’) (1994). language in the scope concerning determination. The ITC will makes its The estimated margins are shown in the ‘‘redraw hollows for cold-drawing when determination whether these imports ‘‘Suspension of Liquidation’’ section of used in the production of cold-drawn materially injure, or threaten injury to, this notice. pipe or tube,’’ is confusing. Respondent a U.S. industry within 45 days of the suggests the Department revise this publication of this notice. If the ITC Case History language to simply state that the scope determines that material injury or threat Since the notice of preliminary excludes hollows for cold-drawing. This of material injury does not exist, the determination on January 27, 1995 (60 would eliminate confusion, while not proceeding will be terminated and all FR 5351, January 27, 1995), the changing the intended scope of the securities posted as a result of the following events have occurred. exclusion. suspension of liquidation will be On February 10, 1995, we issued a Petitioner asserts that a modification refunded or cancelled. However, if the supplemental questionnaire to of the scope to Siderca’s requests would ITC determines that material injury or respondent Mannesmann S.A. (MSA) be unsupported by substantial evidence threat of material injury does exist, the and its affiliated Brazilian and U.S. sales on the record. With respect to OCTG, Department will issue an antidumping organizations, Mannesmann Comercial petitioner notes that the scope explicitly duty order. S.A. (MCSA) and Mannesmann Pipe & excludes OCTG when it is not used or Steel Corporation (MPS), respectively Notification to Interested Parties intended for use in one of the listed (collectively ‘‘Mannesmann’’), applications and that no further This notice serves as the only concerning certain items in its clarification is necessary. Petitioner reminder to parties subject to December 9, 1994, response, which we states that tubing in ‘‘non-pipe’’ sizes is administrative protective order (APO) in deemed required further clarification expressly covered by the scope of the these investigations of their and/or information prior to verification. investigation when produced to one of responsibility covering the return or On February 28, and March 9, 1995, the listed specifications or when used in destruction of proprietary information Mannesmann submitted its responses to a listed application. Petitioner disclosed under APO in accordance this questionnaire, including revised maintains that the language in the scope with 19 CFR 353.34(d). Failure to home market and U.S. sales listings. with respect to redraw hollows was comply is a violation of the APO. In response to respondent’s request, included expressly to ensure that This determination is published we postponed the final determination hollows are actually cold-drawn and not pursuant to section 735(d) of the Act (19 until June 12, 1995, pursuant to section sold directly as A–106 pipe. U.S.C. 1673d(d)) and 19 CFR 735(a)(2)(A) of the Act (60 FR 9012, 353.20(a)(4). DOC Position February 16, 1995). Dated: June 12, 1995. In our notice of preliminary We agree with petitioner for the Susan G. Esserman, determination we stated that we would reasons outlined in the ‘‘Scope Issues’’ solicit further information on various section of this notice. Assistant Secretary for Import Administration. scope-related issues, including class or kind of merchandise. On February 10, Continuation of Suspension of [FR Doc. 95–14936 Filed 6–16–95; 8:45 am] Liquidation 1995, we issued a questionnaire to BILLING CODE 3510±DS±P interested parties to request further In accordance with section 733(d)(1) information on whether the scope of the of the Act 19 USC 1673b(d)(1), we [A±351±826] investigation constitutes more than one directed the Customs Service to suspend class or kind of merchandise. Responses liquidation of all entries of seamless Notice of Final Determination of Sales to this questionnaire were submitted on pipe from Argentina, as defined in the at Less Than Fair Value: Small March 27, 1995. ‘‘Scope of Investigation’’ section of this Diameter Circular Seamless Carbon In March and April, 1995, we notice, that are entered, or withdrawn and Alloy Steel, Standard, Line and conducted verification of from warehouse, for consumption on or Pressure Pipe From Brazil Mannesmann’s questionnaire responses. after January 27, 1995. Our verification reports were issued in AGENCY: Import Administration, Pursuant to the results of this final May, 1995. determination, we will instruct the International Trade Administration, On April 27, 1995, Koppel Steel Customs Service to require a cash Department of Commerce. Corporation, a U.S. producer of subject deposit or posting of a bond equal to the EFFECTIVE DATE: June 19, 1995. merchandise which appeared as an estimated final dumping margin, as FOR FURTHER INFORMATION CONTACT: interested party from the outset of this shown below, for entries of seamless Irene Darzenta or Fabian Rivelis, Office investigation, requested co-petitioner pipe from Argentina that are entered, or of Antidumping Investigations, Import status, which the Department granted. withdrawn from warehouse, for Administration, U.S. Department of Case and rebuttal briefs were consumption from the date of Commerce, 14th Street and Constitution submitted on May 19, 1995, and May publication of this notice in the Federal Avenue, N.W., Washington, D.C. 20230; 25, 1995, respectively. In its rebuttal Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31961 brief, petitioner maintained that the Specifications, Characteristics and fossil fuel or nuclear), and in some oil Department should not consider certain Uses: Seamless pressure pipes are field uses (on shore and off shore) such information in respondent’s case brief intended for the conveyance of water, as for separator lines, gathering lines because it allegedly constituted an steam, petrochemicals, chemicals, oil and metering runs. A minor application ‘‘untimely submission of factual products, natural gas and other liquids of this product is for use as oil and gas information.’’ MSA disagreed with and gasses in industrial piping systems. distribution lines for commercial petitioner in a letter submitted on June They may carry these substances at applications. These applications 5, 1995. However, we determined that elevated pressures and temperatures constitute the majority of the market for MSA’s case brief did not contain new and may be subject to the application of the subject seamless pipes. However, A– factual information. On June 6, 1995, external heat. Seamless carbon steel 106 pipes may be used in some boiler the Department returned MSA’s June 5, pressure pipe meeting the American applications. 1995, letter, because it constituted an Society for Testing and Materials The scope of this investigation unsolicited submission untimely filed (ASTM) standard A–106 may be used in includes all seamless pipe meeting the after the briefing period. temperatures of up to 1000 degrees physical parameters described above Because no requests were received fahrenheit, at various American Society and produced to one of the from interested parties, we did not hold of Mechanical Engineers (ASME) code specifications listed above, regardless of a public hearing in this proceeding. stress levels. Alloy pipes made to ASTM application, and whether or not also certified to a non-covered specification. Scope of Investigation standard A–335 must be used if temperatures and stress levels exceed Standard, line and pressure applications The following scope language reflects those allowed for A–106 and the ASME and the above-listed specifications are certain modifications made for purposes codes. Seamless pressure pipes sold in defining characteristics of the scope of of the final determination, where the United States are commonly this investigation. Therefore, seamless appropriate, as discussed in the ‘‘Scope produced to the ASTM A–106 standard. pipes meeting the physical description Issues’’ section below. Seamless standard pipes are most above, but not produced to the A–335, The scope of this investigation commonly produced to the ASTM A–53 A–106, A–53, or API 5L standards shall includes seamless pipes produced to the specification and generally are not be covered if used in a standard, line or ASTM A–335, ASTM A–106, ASTM A– intended for high temperature service. pressure application. 53 and API 5L specifications and They are intended for the low For example, there are certain other meeting the physical parameters temperature and pressure conveyance of ASTM specifications of pipe which, described below, regardless of water, steam, natural gas, air and other because of overlapping characteristics, application. The scope of this liquids and gasses in plumbing and could potentially be used in A–106 investigation also includes all products heating systems, air conditioning units, applications. These specifications used in standard, line, or pressure pipe automatic sprinkler systems, and other generally include A–162, A–192, A–210, applications and meeting the physical related uses. Standard pipes (depending A–333, and A–524. When such pipes parameters below, regardless of on type and code) may carry liquids at are used in a standard, line or pressure specification. elevated temperatures but must not pipe application, such products are For purposes of this investigation, exceed relevant ASME code covered by the scope of this seamless pipes are seamless carbon and requirements. investigation. alloy (other than stainless) steel pipes, Seamless line pipes are intended for Specifically excluded from this of circular cross-section, not more than the conveyance of oil and natural gas or investigation are boiler tubing and 114.3 mm (4.5 inches) in outside other fluids in pipe lines. Seamless line mechanical tubing, if such products are diameter, regardless of wall thickness, pipes are produced to the API 5L not produced to A–335, A–106, A–53 or manufacturing process (hot-finished or specification. API 5l specifications and are not used cold-drawn), end finish (plain end, Seamless pipes are commonly in standard, line or pressure bevelled end, upset end, threaded, or produced and certified to meet ASTM applications. In addition, finished and threaded and coupled), or surface finish. A–106, ASTM A–53 and API 5L unfinished OCTG are excluded from the These pipes are commonly known as specifications. Such triple certification scope of this investigation, if covered by standard pipe, line pipe or pressure of pipes is common because all pipes the scope of another antidumping duty pipe, depending upon the application. meeting the stringent A–106 order from the same country. If not They may also be used in structural specification necessarily meet the API covered by such an OCTG order, applications. Pipes produced in non- 5L and ASTM A–53 specifications. finished and unfinished OCTG are standard wall thicknesses are commonly Pipes meeting the API 5L specification included in this scope when used in referred to as tubes. necessarily meet the ASTM A–53 standard, line or pressure applications. The seamless pipes subject to these specification. However, pipes meeting Finally, also excluded from this investigations are currently classifiable the A–53 or API 5L specifications do not investigation are redraw hollows for under subheadings 7304.10.10.20, necessarily meet the A–106 cold-drawing when used in the 7304.10.50.20, 7304.31.60.50, specification. To avoid maintaining production of cold-drawn pipe or tube. 7304.39.00.16, 7304.39.00.20, separate production runs and separate Although the HTSUS subheadings are 7304.39.00.24, 7304.39.00.28, inventories, manufacturers triple certify provided for convenience and customs 7304.39.00.32, 7304.51.50.05, the pipes. Since distributors sell the vast purposes, our written description of the 7304.51.50.60, 7304.59.60.00, majority of this product, they can scope of this investigation is dispositive. 7304.59.80.10, 7304.59.80.15, thereby maintain a single inventory to 7304.59.80.20, and 7304.59.80.25 of the service all customers. Scope Issues Harmonized Tariff Schedule of the The primary application of ASTM A– Interested parties in these United States (HTSUS). 106 pressure pipes and triple certified investigations have raised several issues The following information further pipes is in pressure piping systems by related to the scope. We considered defines the scope of this investigation, refineries, petrochemical plants and these issues in our preliminary which covers pipes meeting the chemical plants. Other applications are determination and invited additional physical parameters described above: in power generation plants (electrical- comments from the parties. These 31962 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices issues, which are discussed below, are: 1989) (Ipsco). In Ipsco, the Department scope of the investigations should be (A) whether to continue to include end had clarified the scope of certain orders, divided into two classes or kinds. use as a factor in defining the scope of in particular the phrase, ‘‘intended for Siderca S.A.I.C., the Argentine these investigations; (B) whether the use in drilling for oil and gas,’’ as respondent, has argued that the scope seamless pipe subject to these covering not only API specification should be divided according to size: investigations constitutes more than one OCTG pipe but, ‘‘ ‘all other pipe with seamless pipe with an outside diameter class or kind of merchandise; and (C) [certain specified] characteristics used of 2 inches or less and pipe with an miscellaneous scope clarification issues in OCTG applications * * *’ ’’ Ipsco at outside diameter of greater than 2 and scope exclusion requests. 1105. In reaching this determination, inches constitute two classes or kinds. the Department also provided an Mannesmann S.A., the Brazilian A. End Use additional description of the covered respondent, and Mannesmannrohren- We stated in our preliminary merchandise, and initiated an end-use Werke AG, the German respondent, determination that we agreed with certification procedure. argued that the scope should be divided petitioner that pipe products identified Regarding implementation of the end based upon material composition: as potential substitutes used in the same use provision of the scope of these carbon and alloy steel seamless pipe applications as the four standard, line, investigations, and any orders which constitute two classes or kinds. and pressure pipe specifications listed may be issued in these investigations, In our preliminary determinations, we in the scope would fall within the class we are well aware of the difficulty and found insufficient evidence on the or kind of subject merchandise and, burden associated with such record that the merchandise subject to therefore, within the scope of any orders certifications. Therefore, in order to these investigations constitutes more issued in these investigations. However, maintain the effectiveness of any order than one class or kind. We also we acknowledged the difficulties that may be issued in light of actual indicated that there were a number of involved with requiring end-use substitution in the future (which the areas where clarification and additional certifications, particularly the burdens end-use criterion is meant to achieve), comment were needed. For purposes of placed on the Department, the U.S. yet administer certification procedures the final determination, we considered Customs Service, and the parties, and in the least problematic manner, we a significant amount of additional stated that we would strive to simplify have developed an approach which information submitted by the parties on any procedures in this regard. simplifies these procedures to the this issue, as well as information from For purposes of these final greatest extent possible. other sources. This information strongly determinations, we have considered First, we will not require end-use supports a finding of one class or kind carefully additional comments certification until such time as of merchandise. As detailed in the June submitted by the parties and have petitioner or other interested parties 12, 1995, Class or Kind Decision determined that it is appropriate to provide a reasonable basis to believe or Memorandum from DAS to AS, we continue to employ end use to define suspect that substitution is occurring.2 analyzed this issue based on the criteria the scope of these cases with respect to Second, we will require end-use set forth by the Court of International non-listed specifications. We find that certification only for the product(s) (or Trade in Diversified Products v. United the generally accepted definition of specification(s)) for which evidence is States, 6 CIT 155, 572 F. Supp. 883 standard, line and pressure seamless provided that substitution is occurring. (1983). These criteria are as follows: (1) pipes is based largely on end use, and For example, if, based on evidence the general physical characteristics of that end use is implicit in the provided by petitioner, the Department the merchandise; (2) expectations of the description of the subject merchandise. finds a reasonable basis to believe or ultimate purchaser; (3) the ultimate use Thus, end use must be considered a suspect that seamless pipe produced to of the merchandise; (4) the channels of significant defining characteristic of the A–162 specification is being used as trade in which the merchandise moves; subject merchandise. Given our past pressure pipe, we will require end-use and (5) the cost of that merchandise. experience with substitution after the certifications for imports of A–162 In the past, the Department has imposition of antidumping orders on specification. Third, normally we will divided a single class or kind in a 1 steel pipe products, we agree with require only the importer of record to petition into multiple classes or kinds petitioner that if products produced to certify to the end use of the imported where analysis of the Diversified a non-listed specification (e.g., seamless merchandise. If it later proves necessary Products criteria indicates that the pipe produced to A–162, a non-listed for adequate implementation, we may subject merchandise constitutes more specification in the scope) were actually also require producers who export such than one class or kind. See, for example, used as standard, line, or pressure pipe, products to the United States to provide Final Determination of Sales at Less then such product would fall within the such certification on invoices than Fair Value; Anti-Friction Bearings same class or kind of merchandise accompanying shipments to the United (Apart from Tapered Roller Bearings) subject to these investigations. States. For a complete discussion of from Germany, 54 Fed. Reg. 18992, Furthermore, we disagree with interested party comments and the 18998 (May 3, 1989) (‘‘AFBs from respondents’ general contention that Department’s analysis on this topic, see Germany’’); Pure and Alloy Magnesium using end use for the scope of an June 12, 1995, End Use Decision from Canada: Final Affirmative antidumping case is beyond the Memorandum from Deputy Assistant Determination; Rescission of purview of the U.S. antidumping law. Investigation and Partial Dismissal of The Department has interpreted scope Secretary Barbara Stafford (DAS) to Assistant Secretary Susan Esserman Petition, 57 Fed. Reg. 30939 (July 13, language in other cases as including an 1992). end-use specification. See Ipsco Inc. v. (AS). United States, 715 F.Supp. 1104 (CIT B. Class or Kind 1. Physical Characteristics In the course of these investigations, We find little meaningful difference 1 See Preliminary Affirmative Determination of in physical characteristics between Scope Inquiry on Antidumping Duty Orders on certain respondents have argued that the Certain Welded Non-Alloy Steel Pipes from Brazil, seamless pipe above and below two the Republic of Korea, Mexico and Venezuela, 59 2 This approach is consistent with petitioner’s inches. Both are covered by the same FR 1929, January 13, 1994. request. technical specifications, which contains Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31963 detailed requirements.3 While we widely recognized in the U.S. market for significant in terms of affecting cost. recognize that carbon and alloy pipe do seamless pipe, the Department has There is no evidence that the size ranges have some important physical found only one technical source of U.S. above and below two inches, and the differences (primarily the enhanced heat market data for seamless pipe, the difference between carbon and alloy and pressure tolerances associated with Preston Pipe Report. The Preston Pipe grade steels, form a break point in cost alloy grade steels), it is difficult to say Report, which routinely collects and which would support a finding of where carbon steel ends and alloy steel publishes U.S. market data for this separate classes or kinds. begins. As we have discussed in our merchandise, publishes shipment data In conclusion, while we recognize Class or Kind Decision Memorandum of for the size ranges 1⁄2 to 41⁄2 inches: it that certain differences do exist between June 12, 1995, carbon steel products does not recognize a break point at 2 the products in the proposed class or themselves contain alloys, and there is inches. Accordingly, the Department kind of merchandise, we find that the a range of percentages of alloy content does not agree with Siderca that ‘‘the similarities significantly outweigh any present in merchandise made of carbon U.S. market’’ recognizes 2 inches as a differences. Therefore, for purposes of steel. We find that alloy grade steels, physical boundary line for the subject the final determination, we will and pipes made therefrom, represent the merchandise. continue to consider the scope as upper end of a single continuum of steel In these present cases, therefore, the constituting one class or kind of grades and associated attributes.4 Department finds that there is merchandise. In those prior determinations where insufficient evidence that any physical the Department divided a single class or differences between pipe over 2 inches C. Miscellaneous Scope Clarification kind, the Department emphasized that in outside diameter and 2 inches or less Issues and Exclusion Requests differences in physical characteristics in outside diameter, or between carbon The miscellaneous scope issues also affected the capabilities of the and alloy steel, rise to the level of class include: (1) Whether OCTG and merchandise (either the mechanical or kind distinctions. unfinished OCTG are excluded from the capabilities, as in AFBs from Germany, scope of these investigations; (2) 54 Fed. Reg. at 18999, 19002–03, or the 2. Ultimate Use and Purchaser Expectations whether pipes produced to non- chemical capabilities, as in Pure and standard wall thicknesses (commonly Alloy Magnesium from Canada, 57 Fed. We find no evidence that pipe above referred to as ‘‘tubes’’) are covered by Reg. at 30939), which in turn and below two inches is used the scope; (3) whether certain established the boundaries of the exclusively in any specific applications. merchandise (e.g., boiler tubing, ultimate use and customer expectations Rather, the record indicates that there mechanical tubing) produced to a of the products involved. are overlapping applications. For specification listed in the scope but As the Department said in AFBs from example, pipe above and below two used in an application excluded from Germany, inches may both be used as line and the scope is covered by the scope; and [t]he real question is whether the physical pressure pipe. The technical definitions (4) whether redraw hollows used for differences are so material as to alter the for line and pressure pipe provided by cold drawing are excluded from the essential nature of the product, and, ASTM, AISI, and a variety of other therefore, rise to the level of class or kind scope. For a complete discussion of sources do not recognize a distinction interested party comments and the distinctions. We believe that the physical between pipe over and under two differences between the five classes or kinds Department’s analysis on these topics, of the subject merchandise are fundamental inches. see June 12, 1995, Additional Scope Likewise, despite the fact that alloy and are more than simply minor variations Clarifications Decision Memorandum on a theme. grade steels are associated with from DAS to AS. enhanced heat and pressure tolerances, Regarding OCTG, petitioner requested 54 Fed. Reg. at 19002. In the present there is no evidence that the carbon or that OCTG and unfinished OCTG be cases, there is insufficient evidence to alloy content of the subject merchandise included within the scope of these conclude that the differences between can be differentiated in the ultimate use investigations if used in a standard, line pipe over 2 inches in outside diameter or expectations of the ultimate or pressure pipe application. However, and 2 inches or less in outside diameter, purchaser of seamless pipe. rise to the level of a class or kind OCTG and unfinished OCTG, even distinction. 3. Channels of Trade when used in a standard, line or Furthermore, with regard to Siderca’s Based on information supplied by the pressure pipe application, may come allegation that a two-inch breakpoint is parties, we determine that the vast within the scope of certain separate, majority of the subject merchandise is concurrent investigations. We intend 3 The relevant ASTM specifications, as well as sold through the same channel of that merchandise from a particular product definitions from other independent sources country not be classified simultaneously (e.g., American Iron and Steel Institute (AISI)), distribution in the United States and is describe the sizes for standard, line, and pressure triple-stenciled in order to meet the as subject to both an OCTG order and pipe, as ranging from 1⁄2 inch to 60 inches greatest number of applications. a seamless pipe order. Thus, to (depending on application). None of these Accordingly, the channels of trade eliminate any confusion, we have descriptions suggest a break point at two inches. offer no basis for dividing the subject revised the scope language above to 4 The Department has had numerous cases where steel products including carbon and alloy grades merchandise into multiple classes or exclude finished and unfinished OCTG, were considered to be within the same class or kinds based on either the size of the if covered by the scope of another kind. See, e.g., Preliminary Determination of Sales outside diameter or on pipe having a antidumping duty order from the same at Less than Fair Value: Oil Country Tubular Goods carbon or alloy content. country. If not covered by such an from Austria, et al., 60 Fed. Reg. 6512 (February 2, OCTG order, finished and unfinished 1995); Final Determination of Sales at Less than 4. Cost Fair Value: Certain Alloy and Carbon Hot-Rolled OCTG are included in this scope when Bars, Rods, and Semi-Finished Products of Special Based on the evidence on the record, used in a standard, line or pressure pipe Bar Quality Engineered Steel from Brazil, 58 Fed. we find that cost differences between application, and, as with other non- Reg. 31496 (June 3, 1993); Final Determination of Sales at Less than Fair Value: Forged Steel the various products do exist. However, listed specifications, may be subject to Crankshafts from the United Kingdom, 60 Fed. Reg. the parties varied considerably in the end-use certification if there is evidence 22045 (May 9, 1995). factors which they characterized as most of substitution. 31964 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices Regarding pipe produced in non- has also preliminarily determined that Congress clearly intended these cases to standard wall thicknesses, we determine there is a single like product consisting proceed expeditiously.’’ Id. at 1083–84. that these products are clearly within of circular seamless carbon and alloy Koppel has been an interested party the parameters of the scope of these steel standard, line, and pressure pipe, and a participant in these investigations investigations. For clarification and tubes not more than 4.5 inches in from the outset. The timing of Koppel’s purposes, we note that the physical outside diameter, and including redraw request for co-petitioner status and the parameters of the scope include all hollows. (See USITC Publication 2734, fact that it made its request in response seamless carbon and alloy steel pipes, of August 1994 at 18). For purposes of to Siderca’s challenge to Gulf States’s circular cross-section, not more than 4.5 determining standing, the Department Tube’s standing does not render its inches in outside diameter, regardless of has determined to accept the ITC’s request invalid. See Final Affirmative wall thickness. Therefore, the fact that definition of like product, for the Countervailing Duty Determination; Live such products may be referred to as reasons set forth in the ITC’s Swine and Fresh, Chilled, and Frozen tubes by some parties, and may be preliminary determination. Because Pork Products from Canada, 50 FR multiple-stenciled, does not render Gulf States is a producer of the like 25097 (June 17, 1985). The Department them outside the scope. product, it has standing to file a petition has rejected a request to add a co- Regarding pipe produced to a covered with respect to the class or kind of petitioner based on the untimeliness of specification but used in a non-covered merchandise under investigation. the request only where the Department application, we determine that these Further, as noted in the ‘‘Case History’’ determined that there was not adequate products are within the scope. We agree section of this notice, on April 27, 1995, time for opposing parties to submit with the petitioner that the scope of this Koppel, a U.S. producer of the product comments and for the Department to investigation includes all merchandise size range at issue, filed a request for co- consider the relevant arguments. See produced to the covered specifications petitioner status, which the Department Final Affirmative Countervailing Duty and meeting the physical parameters of granted. As a producer of the like Determination: Certain Stainless Steel the scope, regardless of application. The product, Koppel also has standing. Hollow Products from Sweden, 52 FR end-use criteria included in the scope is The Argentine respondent argues that 5794, 5795, 5803 (February 26, 1987). In only applicable to products which can Koppel’s request was filed too late to this investigation, the respondents have be substituted in the applications to confer legality on the initiation of these had an opportunity to comment on which the covered specifications are put proceedings with regard to the products Koppel’s request for co-petitioner status, i.e. standard, line, and pressure at issue. Gulf States Tube maintains that and the Argentine respondent has done applications. the Department has discretion to permit so in its case brief. Therefore, we have It is apparent that at least one party the amendment of a petition for determined that, because respondents in this case interpreted the scope purposes of adding co-petitioners who would not be prejudiced or unduly incorrectly. Therefore, we have clarified produce the domestic like product, at burdened, amendment of the petition to the scope to make it more explicit that such time and upon such circumstances add Koppel as co-petitioner is all products made to ASTM A–335, as deemed appropriate by the appropriate. ASTM A–106, ASTM A–53 and API 5L Department. are covered, regardless of end use. Period of Investigation With respect to redraw hollows for The Court of International Trade (CIT) has upheld in very broad terms the The period of investigation (POI) is cold drawing, the scope language January 1, through June 30, 1994. excludes such products specifically Department’s ability to allow when used in the production of cold- amendments to petitions. For example, Applicable Statute and Regulations drawn pipe or tube. We understand that in Citrosuco Paulista, S.A. v. United Unless otherwise indicated, all petitioner included this exclusion States, 704 F. Supp. 1075 (Ct. Int’l Trade citations to the statute and to the language expressly and intentionally to 1988), the Court sustained the Department’s regulations are in ensure that hollows imported into the Department’s granting of requests for co- reference to the provisions as they United States are sold as intermediate petitioner status filed by six domestic existed on December 31, 1994. products, not as merchandise to be used producers on five different dates during in a covered application. an investigation. The Court held that the Such or Similar Comparisons addition of the co-petitioners cured any We have determined that all the Standing defect in the petition, and that allowing products covered by this investigation The Argentine, Brazilian, and German the petition to be amended was within constitute a single category of such or respondents have challenged the Commerce’s discretion: similar merchandise. Where there were standing of Gulf States Tube to file the [S]ince Commerce has statutory discretion no sales of identical merchandise in the petition with respect to pipe and tube to allow amendment of a dumping petition home market to compare to U.S. sales, between 2.0 and 4.5 inches in outside at any time, and since Commerce may self- we made similar merchandise diameter, arguing that Gulf States Tube initiate a dumping petition, any defect in a comparisons, when verified data does not produce these products. petition filed by [a domestic party is] cured permitted, on the basis of the criteria Pursuant to section 732(b)(1) of the when domestic producers of the like product defined in Appendix V to the Act, an interested party as defined in [are] added as co-petitioners and Commerce [is] not required to start a new investigation. antidumping questionnaire, on file in section 771(9)(C) of the Act has standing Room B–099 of the main building of the to file a petition. (See also 19 C.F.R. Citrosuco, 704 F. Supp. at 1079 Department. § 353.12(a).) Section 771(9)(C) of the Act (emphasis added). The Court reasoned defines ‘‘interested party,’’ inter alia, as that if Commerce were to have Fair Value Comparisons a producer of the like product. For the dismissed the petition for lack of To determine whether Mannesmann’s reasons outlined in the ‘‘Scope Issues’’ standing, and to have required the co- sales of seamless pipe from MSA to the section above, we have determined that petitioners to refile at a later date, it United States were made at less than the subject merchandise constitutes a ‘‘would have elevated form over fair value, we compared the United single class or kind of merchandise. The substance and fruitlessly delayed the States price (USP) to the foreign market International Trade Commission (ITC) antidumping investigation * * * when value (FMV), as specified in the ‘‘United Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31965 States Price’’ and ‘‘Foreign Market products; (b) the reported sales date and 5. With respect to MCSA’s sales, we Value’’ sections of this notice. end-finish for one transaction; (c) the corrected the surface treatment codes for In accordance with past practice and level of trade reported for one customer; those products reported incorrectly as consistent with our decision in the and (d) the reported U.S. duty charges corrosion-resistant. preliminary determination, we for certain transactions. 6. We made no adjustment for considered Brazil’s economy to be 2. We revised the reported ocean inflation value in addition to an hyperinflationary during the POI. freight, U.S. brokerage, and U.S. inland adjustment for the reported, verified Pursuant to our methodology freight amounts for certain transactions credit expenses which included an concerning such an economy, we made to reflect actual expenses. inflation factor. See Comment 4 in the contemporaneous sales comparisons 3. We recalculated credit expenses ‘‘Company-specific Issues’’ sub-section based on the month of the U.S. sale. using respondent’s revised U.S. of the ‘‘Interested Party Comments’’ In accordance with 19 CFR 353.58, we shipment dates submitted in the March section of this notice. made comparisons at the same level of 9, 1995, response. These dates reflect 7. Because the reported U.S. and trade. For those U.S. sales where there the approximate date on which the home market packing expenses did not were no comparable sales at the same merchandise left the factory. verify, we used BIA for these expenses. level of trade in the home market, we 4. We made a deduction for foreign As BIA for home market packing used home market sales at a different inland freight charges that were expenses, we used the lowest domestic level of trade as the basis of our less previously not reported in respondent’s packing expense noted on the record. As than fair value comparisons. Based on sales listing. BIA for U.S. packing expenses, we used our analysis of Mannesmann’s 5. We made a deduction for bank fees the highest export packing expense questionnaire response, we have paid by MSA for entering into foreign noted on the record. See Comment 6 in accepted its claim that MSA’s sales from exchange contracts, which had not been the ‘‘Company-specific Issues’’ sub- its factory to unrelated customers and reported in respondent’s sales listing. section of the ‘‘Interested Party its sales through its related distributor See Comment 8 of the ‘‘Company- Comments’’ section of this notice. MCSA represent two distinct levels of specific Issues’’ sub-section of the 8. Where possible, we made difmer trade. However, because we could not ‘‘Interested Party Comments’’ section of adjustments based on the submitted cost determine that the difference in level of this notice. data, modified to eliminate cost trade affects price comparability, we Foreign Market Value differences unrelated to physical made no adjustment to FMV. See differences between the merchandise Comment 5 of the ‘‘Company-specific As stated in the preliminary being compared. See Comment 2 in the Issues’’ sub-section of the ‘‘Interested determination, we determined that ‘‘Company-specific Issues’’ sub-section Party Comments’’ section of this notice. respondent’s home market was viable of the ‘‘Interested Party Comments’’ We also made adjustments for with respect to sales of seamless pipe section of this notice. differences-in-merchandise (difmer), during the POI to serve as the basis for where possible, in accordance with 19 FMV. Currency Conversion CFR 353.57. At verification, we found Based on the results of the No certified rates of exchange, as that respondent’s reported variable cost Department’s related party sales test as furnished by the Federal Reserve Bank of manufacture data included cost set forth in Appendix II of the Final of New York, were available for the POI. differences not attributable to physical Determination of Sales at Less Than In place of the official certified rates, we differences in the merchandise. Fair Value: Certain Cold-Rolled Carbon used the daily official exchange rates for Therefore, we modified the submitted Steel Flat Products from Argentina, 58 the Brazilian currency, as well as the cost data where we had information on FR 37062 (July 9, 1993), we excluded UFIR 5 index, published by the Central the record to eliminate cost differences respondent’s related party sales from Bank of Brazil which were provided by unrelated to physical differences. our analysis, and used only those sales respondent in its February 28, 1995, For those products for which difmer made to unrelated parties. response and verified by the cost modification was not possible and We calculated FMV according to the Department. those U.S. sales with no comparable methodology described in our home market products and no cost data, preliminary determination with the Verification we based our analysis, pursuant to following exceptions: As provided in section 776(b) of the section 776(C) of the Act, on the best 1. Where we had verified transaction- Act, we verified information provided information available (BIA). As BIA, we specific data on the record, we excluded by Mannesmann by using standard used a calculated margin that is from our analysis those home market verification procedures, including the sufficiently adverse to fulfill the sales that were found to have been examination of relevant sales and statutory purpose of the BIA rule. See returned, and incorrectly included in financial records, and selection of June 12, 1995, Final Determination respondent’s sales listing. original source documentation Concurrence Memorandum. See also 2. For both MSA’s and MCSA’s sales, containing relevant information. DOC Position to Comment 2 of the we revised the reported insurance ‘‘Company-specific Issues’’ sub-section charges, where appropriate, based on Interested Party Comments of the ‘‘Interested Party Comments’’ the applicable, verified insurance General Issues section of this notice. percentage rates prevailing during the POI. Comment 1 United States Price 3. We corrected clerical errors made Mannesmann argues that petitioner We calculated USP according to the with respect to the reported interest lacks standing to seek the imposition of methodology described in our revenue amounts for two transactions. antidumping duties on products that it preliminary determination, with the 4. For MSA’s sales, we reduced the does not produce. According to following exceptions: reported inland freight charges by the Mannesmann, petitioner has admitted 1. We corrected certain clerical errors amount by which they exceeded the found at verification, including: (a) The actual amounts charged by MSA’s 5 The UFIR is an inflationary neutral currency reported product codes for four freight supplier. unit. 31966 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices that it is incapable of manufacturing merchandise simply because such other cases as including an end-use seamless pipe and tube in dimensions products might in theory be utilized for specification. See Ipsco Inc. v. United above two inches in outside diameter. the same purposes as pipe meeting the States, 715 F. Supp. 1104 (CIT 1989). Therefore, respondent maintains that listed specifications. According to See ‘‘Scope Issues’’ section of this notice petitioner is not an ‘‘interested party’’ respondent, to do otherwise is contrary for further discussion on end-use. with respect to this merchandise. to the antidumping law and deprives Comment 3 Accordingly, the Department should respondents of their right to a full and amend the scope of the investigation to fair hearing on any circumvention Mannesmann contends that the limit it only to those dimensions and allegations that might be advanced by carbon and alloy pipe products subject pipe types that petitioner has a proven petitioner at some later date. to investigation are distinct classes or ability to manufacture. Petitioner argues that there is no kinds of merchandise. Mannesmann Gulf States Tube contends that the factual or legal basis for eliminating end asserts that the criteria set out in antidumping statute neither requires nor use as a defining element of the scope Diversified Products support a division permits the Department to limit the of the investigation. Furthermore, not between carbon and alloy products. scope of the investigation to products only is the feasibility of specific Specifically, Mannesmann argues that that the petitioner itself produces. Gulf enforcement mechanisms irrelevant to carbon and alloy pipes differ in terms of States Tube also maintains that the scope determination, but it is also physical characteristics, uses, customer respondent’s standing claim is untimely untrue that any end use certification expectations and cost. With respect to and may not be considered by the procedure would be unworkable. physical characteristics, alloy seamless Department at this stage of the According to petitioner, there is no pipes contain higher grade steel than proceeding. Nevertheless, Gulf States evidence on the record of this carbon seamless pipe, and because of Tube asserts that the issue is rendered investigation that an end-use their different chemistries, these moot by the request of Koppel Steel certification program must require the products have different performance Corporation, a domestic producer of submission of an end-use certificate by characteristics. With respect to end use subject merchandise in sizes larger than the importer at the time of importation. which, according to respondent, is two inches in outside diameter, for co- Rather, petitioner proposes a program inherently tied to physical petitioner status. whereby the end-use certificate travels characteristics, carbon pipe is not as with the pipe to the ultimate end-user, versatile as alloy steel pipe and is not DOC Position who may then send it back up the line suited for the more sophisticated We disagree with respondent for the of distribution. When final duties are applications, such as operations in high reasons outlined in the ‘‘Standing’’ assessed, the Department may assume temperature environments. Respondent section of this notice. that any pipe for which no certificates asserts that the Department has Comment 2 can be produced was used in subject consistently emphasized the applications. Contrary to Mannesmann’s relationship between physical Mannesmann contends that including arguments, petitioner maintains that the characteristics and end use in past cases an end-use certification requirement in Department and the U.S. Customs (e.g., Torrington Co. v. United States, the scope would be both illegal and Service are perfectly capable of 745 F.Supp. 718, 726 (CIT 1990) unworkable. Respondent maintains that administering an order that includes (Torrington)). In addition, respondent petitioner is effectively seeking to end use in its scope definition. In the states that customer expectations vary circumvent the established legal event that products meeting the depending upon the ability of specific procedure by arguing for an open-ended physical description of subject merchandise to perform a given task. scope definition that encompasses merchandise, but which are not certified With regard to alloy and carbon steel products that it does not manufacture to one or more of the covered pipe, the ultimate purchaser does not and that petitioner has conceded are not specifications, are being substituted into expect these two types of pipe to be causing present injury. In addition, one of the listed applications, the interchangeable, and is willing to pay respondent states that it is clear that any burden would be on the petitioner, more for alloy steel pipe because it must end-use certification procedure other domestic producers or interested perform under more adverse conditions designed to implement such a scope parties to notify Customs and the than the conditions for which carbon definition is wholly unworkable Department with some objective pipe is suited. With respect to cost, because of the manner in which the evidence supporting a reasonable belief respondent states that the cost of alloy subject products are sold. That is, in that substitution is occurring. pipe is higher than that of carbon pipe almost all cases the importer of record Accordingly, it is both unnecessary and because of the more expensive raw does not know the ultimate use of the inappropriate at this point to engage in materials and production costs incurred pipe products it sells, and in many debate about the feasibility and in producing alloy pipe. Finally, with instances, neither do its customers. desirability of specific end-use respect to channels of trade, respondent According to respondent, as a practical certification procedures. According to states that carbon and alloy pipe move matter, the effect of an end-use petitioner, the facts and policy in similar channels, but that this factor certification requirement would be to considerations relevant to such a debate is not determinative as to class or kind ask the impossible of importers. are not available on this record, and the of merchandise. Furthermore, respondent states that the selection of a specific enforcement Petitioner maintains that the subject anticircumvention procedures of the mechanism is beyond the Department’s merchandise constitutes a single class or antidumping law provide ample remedy responsibilities in this proceeding. kind. With respect to Mannesmann’s to petitioner in cases of order proposal for a split in class or kind on circumvention via product substitution. DOC Position the basis of material composition, Respondent emphasizes that absent the We disagree with respondent’s petitioner asserts that the factual detailed inquiry required by anti- assertion that including end-use in the evidence does not support such a circumvention legal provisions, the scope of the investigation would be division. Petitioner states that the Department cannot include within the unlawful. The Department has application of the criteria employed by scope of this investigation other interpreted scope language in other the Department in Diversified Products Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31967 compels the conclusion that there is a totality of problems identified at comparisons in the Department’s single class or kind of merchandise. verification and the additional analysis because it did not make any According to petitioner, the physical opportunities Mannesmann had prior to sales of those same products in the characteristics of carbon and alloy pipe verification to provide an accurate United States during the POI. represent a continuum of products response. With respect to the transactions produced with varying chemical With respect to reason (a) above, which were omitted inadvertently from compositions to meet a range of heat, petitioner states that the Department’s MCSA’s February 28, 1995, sales listing pressure and tensile requirements. verification report confirms that due to programming errors, respondent According to petitioner, there is simply Mannesmann omitted certain sales of points out that these sales were no bright dividing line between the subject merchandise from its home originally reported to the Department in physical characteristics of the products. market sales listing, often characterizing the December 9, 1994, sales listing, and Petitioner states that the customer’s these omissions as insignificant in terms considered in the Department’s expectations and use of the product are of the percentage they constitute of total preliminary analysis. Respondent states dictated by the engineering specification reported sales. Petitioner asserts that that these omitted sales fall into two required by the intended application. since only a portion of Mannesmann’s categories: (1) sales of products which Because the majority of all subject total reported sales will be matched to were not matched to U.S. products in seamless pipe is triple-certified, the U.S. sales in dumping margin analysis the preliminary determination and were pipe may be put to any of the uses that and the Department’s standard irrelevant in the margin calculation; and apply to each of the individual hyperinflation methodology requires (2) sales of products which were specifications to which it is certified. separate FMV calculations for each potential matches for products sold to Petitioner points out that the vast month, omissions such as those the United States. However, the sales of majority of seamless pipe is sold observed by the Department can have a potentially matchable products were through the same channel of trade— significant impact on the ultimate either not made in the same month as distributors. Finally, petitioner adds margin calculation. According to the corresponding U.S. products to that, because the majority of seamless petitioner, the Department must which they were matched, or the pipe is triple-certified, it has identical examine each of the errors and Department has the necessary data from costs regardless of the customer to omissions noted in the verification the December 9 response to utilize the whom it is sold. report in the context of its potential sales for matching purposes. With impact on monthly sales matches. respect to certain sales of cold-drawn DOC Position In addition to these sales omissions, pipe which were never reported to the We agree with petitioner that the petitioner notes further that certain sales Department, respondent argues that this subject merchandise constitutes a single were reported incorrectly because of is an insignificant portion of total class or kind for the reasons outlined in errors in accounting for merchandise reported home market sales, and that the ‘‘Scope Issues’’ section of this returns and invoice price corrections. examining these sales within the notice. Furthermore, respondent’s Also, the gross prices for numerous context of the Department’s preliminary reliance on Torrington is misplaced. In transactions and the surface treatment determination product concordance Torrington, the Court of International codes for certain products were reported indicates that none of the unreported Trade found that the Department’s incorrectly. sales should be treated as the most With respect to reason (b), petitioner division of antifriction bearings into five similar match to U.S. sales of cold maintains that the cost data submitted classes or kinds, based in large part on drawn pipe. With respect to another by respondent remains erratic and the physical characteristics of the group of products that were not reported unusable even after the Department’s different types of antifriction bearings, to the Department because of a product request for its revision in a deficiency was supported by substantial evidence selection error made during response letter issued subsequent to the on the record. In this case, as we stated preparation, respondent argues that preliminary determination. Reason (b) is in our ‘‘Scope Issues’’ section, that there these products are irrelevant to product discussed in detail under Comment 2 is insufficient evidence to show that the comparisons on the basis of below. difference between carbon and alloy specification. With respect to reason (c), petitioner Furthermore, respondent notes that steel rises to a class or kind distinction. takes issue with verification findings for any other discrepancies found at See ‘‘Scope Issues’’ section of this notice certain charges and adjustments, i.e., verification are minor and/or for further discussion on class or kind. that MSA’s home market inland freight disadvantage respondent. Such Company-Specific Issues and insurance expenses were discrepancies include: the incorrect overstated, that foreign inland freight Comment 1 reporting of four U.S. product codes for charges incurred by MSA on U.S. sales certain transactions; the overstatement Petitioner argues that BIA must be were not reported, that home market of MSA’s home market inland freight applied to Mannesmann’s responses for and U.S. packing costs were not and insurance charges; MSA’s omission the following reasons: verified, MPS’ reporting of estimated of foreign inland freight charges for U.S. (a) the Department was unable to movement charges for certain U.S. sales; and certain estimated U.S. verify the accuracy or completeness of transactions, and U.S. shipment date. movement charges which were not Mannesmann’s sales listings; Respondent argues that the updated to reflect actual charges (b) MSA’s difmer data is erratic and discrepancies noted by the Department incurred. contains serious errors; and in the verification reports either do not (c) the information for various sales have appreciable effects on antidumping DOC Position charges and adjustments reported by analysis or serve to disadvantage We disagree with petitioner that respondent could not be verified. respondent. Therefore, its responses Mannesmann’s responses cannot be Petitioner maintains that should be used in the Department’s final used for the final determination. While Mannesmann’s home market sales analysis. For example, respondent we noted several discrepancies at response must be considered unreliable asserts that a portion of the unreported verification, these discrepancies were when viewed in the context of the sales would be irrelevant to product neither pervasive nor representative of a 31968 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices pattern of misrepresentation which fact that the prices at issue represent an accounting system, the Department did would merit the rejection of the overstatement of actual prices charged not verify that the system accurately questionnaire response in total. and any revision of such prices would states respondent’s costs for purposes of It is true that respondent omitted not only be burdensome given the this investigation. Citing Final certain home market sales from its number of affected transactions, but Determination of Sales at Less Than February 28, 1995, sales listing for a would also require the revision of other Fair Value: Certain Hot-Rolled Lead and variety of reasons, ranging from sales-related data (e.g., taxes) which are Bismuth Carbon Steel Products from the incorrect product code selection to calculated based upon price and were United Kingdom (58 FR 6207, January inadvertent programming errors (see not examined specifically at verification 27, 1993), petitioner emphasizes that the MSA/MCSA Verification Report at 49– within the context of overreported gross Department has rejected the use of cost 55). However, we were able to verify the prices. differences unrelated to physical nature and magnitude of these errors, As for the other areas stated by differences for difmer adjustment and found that they are not significant petitioner in which discrepancies were purposes in past cases. with respect to either the percentage of found (e.g., difmer, packing, etc.), we With respect to petitioner’s request for total home market sales reported or made appropriate adjustments in the use of BIA, respondent asserts that potential home market matches. In order accordance with verification findings petitioner ignores the facts on the record to arrive at this conclusion, we based on information on the record, as and that the Department was able to conducted a comparative analysis discussed in the ‘‘United States Price,’’ trace the reported cost data to source between the characteristics (and ‘‘Foreign Market Value’’ and ‘‘Interested documentation, and tie them to weighted-average prices) of the omitted Party Comments’’ sections of this notice. financial statements. home market products originally Furthermore, respondent asserts that Comment 2 reported in Mannesmann’s December 9, petitioner’s attempt to link the concepts 1994, sales listing, and those of the Petitioner contends that of replacement costs and monetary reported home market products in Mannesmann’s difmer cost data remains correction in arguing that MSA’s respondent’s February 28, 1995, sales erratic and unusable for the final reported costs do not account for listings. As a result of this exercise, we determination and, therefore, the changes in replacement costs is found that for some of the omitted sales, Department should apply BIA to confused. According to MSA, a there did not exist contemporaneous calculate the margin for any U.S. sale for monetary correction is merely an sales of identical products reported in which there is no contemporaneous adjustment to financial statements to respondent’s February 28, 1995, sales identical match in the home market. measure the cost for holding balances in listings. We then compared the product According to petitioner, Mannesmann’s certain accounts during periods of characteristics of the omitted sales to difmers are deficient because they are inflation. Such an adjustment has those of the U.S. sales, and found that not based on replacement costs in the nothing to do with production costs or none of the omitted home market sales month of shipment; rather difmer calculations. Respondent notes would be comparable to the U.S. Mannesmann’s costs have been reported that the Department has confirmed this products sold during the POI on the on a historical basis. Petitioner points in past cases by treating such monetary basis of grade. Regarding those sales of out that the fact that Mannesmann has corrections as offsets or additions to another group of products that were not recorded its historical costs in UFIRs financing expenses (e.g., Final Results of reported to the Department because of a does not transform them into Administrative Review: Gray Portland product selection error, we found that, replacement costs, and that this Cement from Mexico, 58 FR 47253 regardless of the month in which they approach has been rejected in previous (1993)). were sold, these products would not be cases by the Department (e.g., Final Respondent asserts that, contrary to comparable to those sold to the United Determination of Sales at Less Than petitioner’s attempt to confuse the States on the basis of specification. Fair Value: Silicon Metal from Brazil, 59 significance of MSA’s UFIR-based cost Finally, we have determined to apply FR 42806, August 19, 1994) (Silicon system, this system accounts for the BIA to respondent’s U.S. sales of cold- Metal from Brazil). Even though the effects of changes in replacement costs. drawn pipe made during the POI for the Department changed its In addition, respondent opposes reasons outlined in Comments 2 and 9 hyperinflationary methodology in 1994 petitioner’s characterization that a below. by providing for indexing of costs across UFIR-based system is tantamount to Furthermore, with respect to those different months, petitioner maintains reporting historical costs. According to home market sales affected by that the costs that are indexed still must respondent, the historical method merchandise returns which were be replacement costs during the month contrasts sharply with the UFIR system, verified not to be usable for margin of shipment, and must not represent which carries costs forward on a steady analysis, we found that the home market historical costs. Petitioner argues that currency basis and, in effect, reaches the sales quantity affected was insignificant UFIR indexation is no substitute for the same result as a replacement cost in terms of total reported home market reporting of actual monthly replacement system. The UFIR-based methodology is sales quantity. Because these sales were costs. applicable for both finished goods and incorrectly included in respondent’s Petitioner also maintains that the inputs and ensures that MSA’s costs home market sales listing, we excluded fluctuations in cost are not limited to reflect market conditions. Because this them from our analysis where we could the materials component of the reported methodology tracks the inflation rate, clearly identify the affected individual costs; there are also significant material and finished goods are transactions from data contained in variations in the reported labor and constantly inflated when expressed in verification exhibits. variable overhead costs from month to Brazilian currency. According to In addition, regarding the gross prices month for the same products, indicating respondent, this result is precisely the of those transactions which were found that the data is unreliable. According to intent of the replacement cost to be overreported, we included these petitioner, while the Department accounting system, i.e., to express costs sales in our analysis, but did not make verified that the reported cost data was in real terms. Therefore, respondent’s any adjustments to price. Our decision submitted in accordance with the exact UFIR-based system accurately tracks to make no adjustment is based on the methodology used in its normal cost cost on a replacement basis and is not, Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31969 as petitioner suggests, on a historical cost accounting system, we agree with Comment 3 cost basis. petitioner that we must use variable Petitioner argues that MSA and MCSA costs for difmer adjustment purposes DOC Position incorrectly reported invoice date as the which are not distortive in margin date of sale for all home market sales. We agree in part with both petitioner analysis. For difmer purposes, it is the It maintains that the correct date of sale and respondent. At verification, we Department’s practice to consider only is Mannesmann’s internal order date noted that respondent’s reported UFIR- those cost differences associated with because it is at this time that final based material and fabrication costs physical differences in the products agreement on the essential terms of sale, varied substantially for the same under comparison. The flaw we found including price and the manner in product produced in different months. in MSA’s reporting methodology was which it will be adjusted for inflation, We were able to establish that this cost one of not neutralizing the cost is made. Petitioner asserts that the only variance was due to a combination of differences resulting from different factors which are unrelated to physical changes in the essential terms of sale production processes or supply sources between Mannesmann’s internal order differences: (1) the nature of MSA’s cost for input bar, which is an inherent accounting system; (2) the process used and invoice dates are a currency result of its normal cost accounting conversion and an inflation adjustment, to produce the input bar consumed in system. Therefore, for purposes of the the production of subject merchandise both of which are performed final determination, we have modified automatically by computer without (whether it was produced using ingot or respondent’s variable costs of a continuous caster); and (3) whether negotiation with the customer; and that manufacture for those products for this was the only variance between the material was purchased (imported) which we had information on the record or produced in-house by the order and invoice date noticed by the to enable us to compute a difmer Department at verification. According to respondent. adjustment exclusive of the cost Contrary to petitioner’s contention petitioner, the automatic restatement of differences unrelated to physical that replacement costs must be used the price by computer to account for differences. For the material costs of when indexing costs between different inflation is not a substantive change in these products, we computed a POI months, for difmer purposes, we the material terms of sale. Petitioner weighted-average bar cost for all subject consider it appropriate to have cost data cites Final Determination of Sales at merchandise using the same material submitted in UFIR, as maintained by the Less Than Fair Value: Brass Sheet and grade bar. We then determined the company in its ordinary course of Strip from France (52 FR 812, January product-specific material costs by business. (See Department Policy 9, 1987) (Brass Sheet and Strip) to multiplying product-specific POI Bulletin No. 94.5 dated March 25, 1994.) support its position that it is the average yield rates by the POI weighted The UFIR is not a methodological Department’s established practice to use creation of the respondent; UFIR- average bar cost. For fabrication costs, as the date of sale, the date on which denominated costs must be kept in the we had available a breakout of the basic terms become determinable, ordinary course of business for reporting quantity of continuous casted versus without regard to automatic purposes to the ‘‘Junta Comercial’’ (the ingot bar used in production for specific mechanisms that might alter or establish Brazilian equivalent of the Securities products for each month of the POI. specific terms. and Exchange Commission). Also, we From this data, we identified for similar For the final determination, petitioner find that petitioner’s cite to Silicon product matches, which months used urges the Department to use the sales Metal from Brazil as case precedence for comparably sourced bar. listings submitted on December 9, 1994, the Department rejecting submitted However, for certain products we did despite substantial alterations made to UFIR costs is misplaced. In Silicon not have the information concerning the them (i.e., in the subsequent sales Metal from Brazil, unlike the instant POI monthly quantity of input bar listings submitted on February 28, case, there was no UFIR type indexation produced via the continuous-casted 1995). According to petitioner, these scheme in effect. Rather, the ‘‘monetary versus ingot methods. Additionally, we listings provide internal order dates and correction’’ methodology (i.e., year-end were unable to determine the percentage invoice numbers that can easily be restatement of assets/liabilities) used by of such products produced from matched to the invoice numbers respondent was deemed inappropriate. imported tube versus MSA-produced reported in Mannesmann’s February 28, Furthermore, we disagree with tube. We note that the vast majority of 1995, response. For any sales in the petitioner’s contentions that MSA’s the U.S. products that are affected by February 28, sales listing which cannot submitted variable fabrication costs are this lack of information on the record be matched to an alleged ‘‘proper’’ date unreliable and that the differences in are cold-drawn pipes. See Comment 9 of sale using the December 9, listing, fabrication costs cannot be explained by below. Therefore, for a small percentage petitioner maintains that the alleged differences in input steel costs. of U.S. sales quantity, we were unable Department should apply partial BIA by As stated above, we verified that MSA’s to eliminate the fabrication cost using the average time lag between submitted cost data was extracted differences resulting from the different order and invoice date for other sales to directly from its normal cost accounting production processes and/or sources of place the sale in the appropriate month. system which records the actual costs input bar. For those sales of U.S. This method of partial BIA would entail incurred to manufacture each batch of products where we did not have reliable deflating prices for such months pipe produced. We thus have no reason fabrication costs, we used a margin because the prices and adjustments in to believe that MSA’s submitted cost based on BIA. As BIA, we used a the February 28, response are stated in data is unreliable in general. Second, we calculated margin that is sufficiently cruzeiros valued for months later than observed at verification that steel bar adverse to fulfill the statutory purpose the actual date of sale claimed by produced from ingot versus a of the BIA rule (section 776(c) of the petitioner, so that they are restated in continuous caster will affect both Act) and which is indicative of, and terms of the value of the cruzeiro during material and fabrication costs. bears a rational relationship to, the the month of sale. Alternatively, if the However, notwithstanding the fact respondent’s sales. See National Steel v. currency conversion is too burdensome, that respondent’s variable costs were United States, 870 F.Supp. 1130 (CIT the Department should apply, as partial reported in accordance with its normal 1994). BIA to such sales, either the highest 31970 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices calculated margin for the company or in the instant case. In Brass Sheet and serve different purposes, they are the highest margin alleged in the Strip, a formal contract between the seldom, if ever, equal. Whereas the petition. buyer and seller established a price credit expense inflator reflects inflation Respondent argues that invoice date is based upon a publicly quoted metal from the invoice date to the actual date the correct date of sale in accordance value source. The parties had agreed of payment, the price inflator is based with the Department’s normal upon a time period during which the on the number of days between the methodology. It is also the date customer could lock in the publicly invoice and the expected date of mandated by Brazilian law and quoted rate; no further negotiations payment. Furthermore, petitioner states accounting practices, which do not were necessary. In Brass Sheet and that the Department verified that the recognize a sale until the invoice is Strip, the price and quantity terms were rates used for the price inflator are not generated, and the date consistent with sufficiently definite and effectively proportional across payment terms. MSA and MCSA’s recordkeeping system finalized as of the date of the initial Therefore, while the credit expense in the ordinary course of trade. contract, and the parties had no further inflator should reflect the actual Respondent takes issue with petitioner’s ability to change the price by inflation rate, the price inflator may be assertion that the only subsequent negotiation. In the instant case, not only higher or lower than the true rate changes in the essential terms of sale are prices subject to fluctuation due to depending on the date of actual between MSA’s internal order entry and the hyperinflationary adjustment in payment. According to petitioner, the shipment are a currency conversion and Brazil, but customers often negotiate a Department can determine the actual an inflation adjustment. Respondent different price or make material changes gross unit price in terms of cruzeiros states that not only did the high rate of to quantity between the date of initial during the month of sale by subtracting inflation during the POI preclude any order entry and invoice date. While the the reported inflation value from the determination of the essential terms of Brass Sheet and Strip case involved reported gross unit price (invoice price). sale (particularly price) until the time of long-term, fixed contracts where there In addition, the indexed value of the invoicing, but also that there are was nothing left for the parties to reported (inflated) gross price should be significant fluctuations in price and negotiate, the instant case reflects the compared to the price of the internal quantity that typically occur between fact that when a purchase order to order, and any excess should be treated the order date and invoice date which schedule production enters into MSA’s as interest revenue attributable to that the Department confirmed at system, the negotiating continues and a sale because the price inflator may be verification. Citing the Preliminary price adjustment often follows at the higher than the true inflation rate. Determination of Sales at Less Than time of invoicing. With respect to this Petitioner suggests that the reported Fair Value: Canned Pineapple Fruit price adjustment, we could find no inflation value be subtracted from gross from Thailand (60 FR 2734, January 11, evidence in the source documentation price to obtain the price in terms of 1995), respondent asserts that the examined at verification that, at the time cruzeiros as valued during the month of Department has, under appropriate of order, the customer had knowledge of shipment, and the resulting values can circumstances in past cases, specifically the index (or indices) that would be be converted to cruzeiros as valued on endorsed invoice date as the date of used by respondent to make the the actual date of sale (i.e., the internal sale. In addition, respondent states that adjustment for inflation, and that the order date) using the exchange rates the purchase order is sometimes not customer therefore knew the exact price provided in Mannesmann’s response. received until after the invoice is to which it had agreed. We also noted The indexed value of the reported generated by MCSA and the order evidence of post-order cancellations, (inflated) gross price should then be shipped. According to respondent, indicating that the customer was not compared to the price of the internal invoice date is the most consistent and bound by the terms set in the order. order, and any excess should be treated reliable basis for reporting comparable We note that our decision in this case as interest revenue attributable to that dates of sale in Brazil from both MSA to accept the date of invoice as the date sale. and MCSA. of sale is based upon the factual Respondent maintains that the evidence on the record. In general, Department has verified the reported DOC Position issues regarding the appropriate date of home market credit expenses and the We agree with respondent and have sale are examined on a case-by-case rates for short-term loans available in accepted its reported date of sale. At the basis, and our decision in this case Brazil during the POI without verification of both MSA and MCSA, should not be interpreted as a general discrepancy and, therefore, should respondent provided source policy preference in future cases. deduct these credit expenses as reported documentation substantiating its from FMV. Mannesmann disputes reasons for using invoice date as the Comment 4 petitioner’s allegation that interest date of sale. These reasons included not Consistent with its contention that the revenue affects credit expenses and that, only the effects of inflation between appropriate date of sale is the date of if a customer made a late payment, purchase order date and invoice date, respondent’s internal order, petitioner Mannesmann is not entitled to an but also the fact that Mannesmann’s maintains that the home market prices adjustment for credit expenses because internal order is subject to numerous and other cruzeiro-denominated data it would understate home market price. fluctuations in price and quantity up reported by Mannesmann must be Respondent states that in the few until the date of invoice. (See restated in terms of the value of the instances when a customer did not pay Verification Report at 11–12 and 47.) cruzeiro during the month of sale. on the expected date, interest revenue Our decision in this instance is Similarly, according to petitioner, an amounts were reported as an upward consistent with past cases. See inflation factor should not be included adjustment to the home market price, as Amended Final Determination of Sales in any credit expense adjustment. verified by the Department. Also, if a at Less Than Fair Value: Ferrosilicon Petitioner argues that to some extent the customer did pay late, not only did from Brazil, 59 FR 8598, February 23, inflator in the credit expense adjustment Mannesmann incur the opportunity cost 1994). can be expected to offset the inflator in of not having the customer’s money We also note that the facts in Brass the price. However, since the two from the invoice date to the expected Sheet and Strip are different from those inflators are derived differently and payment date, but it also suffered a Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31971 financial loss from delayed payment Spain (59 FR 66931, December 28, 1994) any new evidence to justify a departure during the period between the payment (Stainless Steel Bar) where the from our normal related party test. date listed on the invoice and the actual Department granted such an adjustment With regard to matching by level of payment date. Therefore, according to under allegedly similar factual trade, we have accepted respondent’s Mannesmann, denying an adjustment circumstances. level of trade classification because the for credit expenses for the time Petitioner contends that Mannesmann record indicates that the alleged following payment due date and actual did not provide the evidence it purports difference in level of trade involves payment is totally illogical. to have provided substantiating its different selling activities and expenses. However, with regard to the DOC Position claim regarding the arm’s-length nature of the transactions between MSA and respondent’s claim for a level of trade As discussed above in Comment 3, we MCSA. At the preliminary adjustment, we have determined that an have determined that invoice date is the determination, the Department adjustment is not warranted because we appropriate date of sale in this case. determined that sales to MCSA were not are uncertain whether the difference in Therefore, we consider moot petitioner’s made at arm’s length, and based FMV level of trade affects price arguments with respect to the on MSA’s and MCSA’s sales to comparability. restatement of home market prices to unrelated customers. According to In analyzing the prices at the two reflect the value of the cruzeiro on the petitioner, nothing in the verification levels of trade, we compared average order date. report obligates the Department to prices, adjusted for all direct selling In our preliminary determination, we change that finding. Furthermore, expenses, by product and month of sale adjusted FMV for inflation occurring petitioner argues that Mannesmann has for the POI. The results of this analysis between order and invoice date, which not proven its entitlement to a level of indicate that prices overlap for a factors in expected payment terms, as significant number of sales. However, trade adjustment. Petitioner asserts that well as credit expenses, which include because for each month only a small it has not been clearly established that an inflation factor based on actual number of prices by product were two levels of trade exist. In addition, payment terms. Based on verification available and the monthly inflation rate petitioner states that while findings and our acceptance of was high, we have concluded that the Mannesmann argues that differences in respondent’s date of sales methodology, data does not provide a reliable selling expenses exist due to inventory we have determined that this indication of the pattern of prices at the costs, it has not proven that a adjustment was incorrect because it two levels of trade. Therefore, we do not correlation exists between both prices double-counted the value of inflation. have a basis to conclude whether there and selling expenses at each level of Therefore, for purposes of the final is or is not a pattern of price differences determination, we only made an trade. attributable to level of trade. adjustment to FMV for credit expenses According to petitioner, absent Accordingly, we have not made a level as reported and verified. additional information concerning of trade adjustment. differences in the customer bases (e.g., Comment 5 relative size and purchasing power of Comment 6 Mannesmann argues that the customers), evidence that price Petitioner maintains that Department should compare U.S. sales differences correlate to level of trade Mannesmann’s packing expenses are by MPS with home market sales made differences, a level of trade adjustment unverified and may not be relied upon by MSA, including sales to its related is not appropriate. However, if the for purposes of the final determination. party MCSA, and that it provided Department nonetheless decides to grant Petitioner also maintains that these evidence that MSA’s sales to MCSA are respondent the requested adjustment, it costs appear to have been based solely arm’s-length transactions. However, if should be based on differences in actual on labor and materials without any the Department does not treat MSA’s expenses incurred on MCSA’s sales; i.e., allocation of overhead costs, and MCSA sales to MCSA as arm’s-length the adjustment should be made on the failed to report any repacking costs transactions, the Department should reported indirect selling expenses only, associated with its sales. Therefore, make a level of trade adjustment to exclusive of the reported inventory petitioner advocates using BIA. As BIA, reflect the additional selling expenses carrying costs. Petitioner also adds that petitioner requests that the Department (i.e., indirect selling expenses and these selling expenses must be offset by either not make any upward adjustment inventory carrying costs) incurred by the indirect selling expenses incurred to U.S. price for packing or use the MCSA. by MSA on U.S. sales because the basic lower of the amounts reported in the Mannesmann asserts that 19 CFR purpose of a level of trade adjustment is U.S. sales listing and the lowest export 353.58 requires that a level of trade to account for differences in the level of packing amount reported on the chart adjustment be made when FMV and trade between U.S. and home market on page 41 of the Department’s May 11, U.S. price are not based on sales at the sales. 1995, Verification Report. Additionally, same commercial level of trade. DOC Position petitioner proposes that the Department According to respondent, MSA and should (1) subtract the lowest of the MCSA operate at different levels of With regard to the arm’s-length nature packing amount reported for the home trade in Brazil. MCSA is a distributor of related party sales, we agree with market sales listing and the lowest that purchases from MSA and sells to petitioner. Based on the results of our domestic packing amount from the customers from inventory, requiring related party test (as described in the verification report chart, and (2) add as MCSA to incur considerable inventory FMV section of this notice), we found an offset to FMV the higher of the and selling expenses. In contrast, both that MSA’s sales to MCSA are not at amount of the highest U.S. packing MSA in Brazil and MPS in the United arm’s length and, thus, we excluded amount reported in the sales listing and States are not made from inventory, but them from our dumping analysis for the highest amount of export packing are manufactured to order. To support purposes of the final determination. reported on page 41 of the verification its argument, respondent cites Final This result is consistent with that in our report. Determination of Sales at Less Than preliminary determination, and since Respondent argues that the Fair Value: Stainless Steel Bar from that time, respondent has not provided Department should apply an average per 31972 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices unit packing cost based on MSA’s the Department’s margin analysis. With omission of these costs for difmer simulated cost data provided at respect to the unreported bevelling adjustment purposes would have the verification which tied to the cost data costs, respondent states that MSA’s cost effect of underestimating home market provided in Exhibit 18 of the December for producing bevelled pipe was used as costs and thereby overstating the 9, 1994, response, as this is the most a surrogate value for MCSA’s sales of upward difmer adjustment made to accurate and reliable data on which to bevelled product. Mannesmann states FMV. Therefore, we did not make any calculate MSA’s packing costs. MSA that it is logical that its cost of bevelling adjustment for the omitted costs at provides a monthly average packing cost would be lower than the bevelling costs issue. calculation for each of the four products charged by a third party. The use of the With respect to bevelling costs, we sold in each market in Exhibit 2 of its third party bevelling cost would have note that there were U.S. sales of May 19, 1995, case brief. Therefore, the resulted in higher home market variable bevelled pipe during the POI. We also Department should match the resulting costs which, in turn, would have note that for MCSA’s sales of bevelled average monthly packing data to the resulted in a lower difmer to be added products that were used in product sales listing based on the month of to FMV. According to Mannesmann, the comparisons, MSA’s costs of bevelling shipment for home market sales, as all use of MSA’s bevelling costs as a were included in the reported variable home market shipments occurred surrogate for third party expenses costs of manufacture. This is consistent between January and June 1994. For incurred by MCSA was therefore with the verified product coding U.S. sales, many shipments of which conservative and reasonable. methodology used by MCSA. That is, for occurred after the POI, respondent Petitioner contends that Mannesmann those products that were further proposes using an average POI packing often reports significantly different costs processed by third parties prior to sale, expense (also provided in Exhibit 2). in the same month for products that are MCSA reported only its own internal For sales of products which do not identical except for end finish, and that product code, and for those products match to one of the four product codes, these variations do not make sense, that did not undergo further processing, the average packing expense of all four particularly because the differences MCSA reported both MSA’s product product codes should be applied. between black plain-end pipe and code and its own product code (see May bevelled-end pipe are insignificant 11, 1995, Verification Report at 8). For DOC Position especially in terms of material costs. the transactions consisting of the We agree with petitioner that the According to petitioner, there is no bevelled products sold by MCSA which reported packing expenses were consistency in the margins by which were used in product comparisons, unverified. At verification, respondent reported materials costs differ for respondent reported both product explained that MSA’s cost accounting otherwise identical products with codes, indicating that the bevelling was system cannot separately identify different end finishes. Neither is there performed at MSA’s mill. However, we packing costs incurred for export and any evidence on the record to suggest a modified these costs for difmer domestic sales. Therefore, in order to reason for attributing such widely adjustment purposes for the reasons derive the monthly per unit packing varying costs to virtually identical stated in DOC Position to Comment 2 amounts reported in the U.S. and home products simply by reason of end finish. above. market sales listings, MSA conducted Petitioner notes that, in some instances, Comment 8 packing simulation exercises for four Mannesmann has reported identical products—three hot-finished and one costs for different end finishes. Petitioner alleges that a deduction to cold-drawn. That is, they estimated the Petitioner maintains that these facts cast U.S. price should be made for the ‘‘bank time it took to pack the products based doubt on Mannesmann’s entire cost fees’’ incurred by MSA for entering into on actual experience and derived the accounting system. exchange contracts in order to receive associated materials and labor costs In addition, Mannesmann’s principal payment from MPS on its shipments to from their accounting records. However, contention concerning MCSA’s third the United States. According to we could not tie the monthly packing party bevelling costs (i.e., that they are petitioner, such fees are a necessary and costs resulting from this exercise to the higher than MSA’s) constitutes non- direct selling expense relating to U.S. reported monthly per unit packing record information upon which the sales. Since similar fees are not incurred amounts in respondent’s home market Secretary may not rely. MCSA’s for home market sales, the fees must be and U.S. sales listings. Respondent bevelling costs have never been deducted from USP in order to obtain a could not explain the reason for the separately reported on the record and, proper comparison. Petitioner maintains discrepancy. Therefore, we determine therefore, could not have been verified. that Mannesmann’s claims that the fees that these costs were not verified. Thus, any bevelling cost attributed to do not affect the U.S. price and that Because the reported costs cannot be products sold by MCSA must be based Mannesmann invests a portion of these used for purposes of our analysis, we on BIA. funds (which respondent has not used BIA. As BIA for these costs, we quantified) is irrelevant to the DOC Position subtracted from FMV, the lowest Department’s analysis. domestic packing amount reported on We agree with petitioner and Respondent maintains that this the record, and added to FMV, the respondent in part. We verified that proposal is incorrect for the following highest export packing amount reported while MCSA failed to report third party reasons: (1) The exchange contract on the record. galvanization, coupling and threading transaction does not impact the U.S. costs for certain products, no such customer, but is solely a mechanism Comment 7 products were sold to the United States whereby MSA can be paid in local Respondent maintains that the during the POI and, therefore, were not currency for foreign currency sales as Department verified that no galvanized, used in product comparisons. Thus, the required by Brazilian law; and (2) threaded or coupled products were sold omission of these costs did not affect throughout the POI, MSA chose to to the United States during the POI. any difmer adjustments that were made receive payment in Brazilian currency Therefore, MCSA’s sales of such for similar product comparisons. under the exchange contracts in products will not be matched to U.S. However, even if such products were advance (when the order was booked products and are thereby irrelevant in used in product comparisons, MCSA’s from the mill), a portion of which it Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31973 invested and gained returns which and traced the reliability of those sales by MSA or MPS, the reported date exceeded any fees paid to the bank. material costs reported for cold-drawn of shipment reflects the month in which According to Mannesmann, the products. pipe was produced and shipped. Department should treat the exchange For sales by MCSA, pipe produced by DOC Position contracts as intercompany transfers of MSA and shipped to MCSA is placed in funds between MSA and MPS that have We agree with petitioner in part. Our MCSA’s inventory from which it is no effect on the payment from the U.S. verification findings revealed that subsequently resold to MCSA’s customer. Respondent claims that any respondent had properly reported sales customers. The reported shipment date bank fees incurred pre-shipment by of cold-drawn seamless pipe as subject for MCSA sales, therefore, does not MSA are administrative fees that have merchandise in its sales listings (but for reflect when the pipe was produced and no bearing on U.S. price. certain omissions discussed in shipped from MSA. In order to ascertain Comment 1 above). We also found that when a given quantity of pipe was DOC Position respondent used imported tubes in the produced and shipped from MSA, We disagree with respondent that production of cold-drawn pipe during MCSA’s average days in inventory (as these fees are intracompany transfers. the POI. However, respondent failed to reported in Exhibit 24 of the December They are fees paid to third parties in the inform the Department that it used any 9, 1994, response) was subtracted from U.S. sales process which we conclude material input other than in-house the reported shipment date. Therefore, are included in the ultimate price produced bar for the production of cold- all difmer data and exchange rates for between MPS and the U.S. customer. drawn pipe during the POI, despite the MCSA were based on MCSA’s date of These types of fees are normally taken Department’s questions concerning the shipment minus the average number of into account in the Department’s margin materials used in the production of the days in inventory in order to ensure that analysis. Therefore, we made an subject merchandise in its February 10, the difmer data and exchange rate adjustment to U.S. price in the amount 1995, supplemental questionnaire. reflected the date on which the of the fee reported in the sample Consequently, we are unable to make a merchandise was produced and shipped exchange contract provided in Exhibit reliable difmer adjustment for U.S. sales from the factory. 10 of the December 9, 1994, response. of cold-drawn products because the variable costs reported include costs DOC Position Comment 9 unassociated with physical differences. We consider this issue raised by Petitioner states that respondent Therefore, because we cannot use or petitioner to be moot based on our included in its sales listing sales of cold- modify the reported difmer data for treatment of difmer costs discussed in drawn products finished from imported these cold-drawn products as we do not Comment 2 above. By using revised tube hollows. According to petitioner, have the information on the record to do UFIR costs for difmer adjustment such products are not subject so, we have used BIA for the affected purposes, we no longer need to convert merchandise produced in Brazil and sales. See also DOC Position to these costs to U.S. dollars using an should not have been included in the Comment 2 above. average exchange rate. However, we sales listing. Petitioner urges that the note that we verified the daily CR/UFIR Department apply BIA to all sales of Comment 10 and US$/CR exchange rates reported by cold-drawn pipe in the final Petitioner contends that respondent in Exhibits 4 and 5 of the determination. In addition, petitioner approximately two-thirds of the February 28, 1995, response against maintains that none of the difmers exchange rates reported in MCSA’s sales source documentation and found that provided for cold-drawn products can listing, which are necessary for the they were based on official government be used because it is not known how proper calculation of difmers and rates. (See May 11, 1995, Verification many are affected by the inclusion of should reflect the average monthly rate Report at 37.) Therefore, for purposes of imported tube hollows. There is no for the month of shipment, are incorrect. converting home market prices, difmer information on the record that would Therefore, the Department should cross- costs and other adjustments to U.S. allow the Department to equate the cost check each reported exchange rate dollars on the date of the U.S. sale, we of producing cold-drawn pipe with the against the actual monthly rate, and intend to use the verified government cost of finishing cold-drawn tube make appropriate corrections for the exchange rates that were verified. This hollows. final determination. is consistent with past practice. (See Respondent asserts that the cold- Respondent maintains that Silicon Metal from Brazil.) drawn products referred to fall within petitioner’s contention is incorrect. the scope of the investigation. According to respondent, the rates at Comment 11 Mannesmann reported as subject issue were adjusted to ensure that they Petitioner maintains that merchandise sales of all products within matched the date of shipment from the Mannesmann has improperly submitted the scope of the investigation, regardless factory, and this is the reason for the 22 untimely new factual information in its of whether those products were made day adjustment reflected in case brief, including: (1) an affidavit by from ingots or billets, or in the case of Mannesmann’s response. Mannesmann an MPS employee which presents the limited amount of cold-drawn reported all difmer data and the relevant evidence of differences between carbon products, purchased hollows. Therefore, exchange rates based on the month in and alloy pipe within the context of the unless the petitioner contends that pipe which the pipe was shipped from criteria in Diversified Products relevant manufactured in Brazil from imported MSA’s mill. Because MSA does not to the issue of whether the subject hollows are excluded from the scope of maintain inventories of finished pipe, merchandise should constitute more the investigation, Mannesmann asserts the month of shipment from MSA is than one class or kind; (2) portions of that it properly reported all shipments also the month in which the pipe was the record of proceedings before the of subject merchandise, including small produced. Similarly, in the case of U.S. International Trade Commission diameter cold-drawn product sales, the Department asked MPS to concerning the issue of whether to manufactured from hollows. Moreover, revise its reported shipment date to continue to include end use as a the Department verified the quantity reflect the date on which the pipe left defining characteristic of the scope; and and price of purchased hollow tubes, the mill. Thus, in all cases involving (3) factual information concerning the 31974 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices manner in which it calculated MCSA’s of material injury does exist, the methodological in nature and bevelling costs that had not been Department will issue an antidumping improperly raised under Section 751(f) submitted to the Department previously. duty order. of the Act. According to petitioner, the Department In our notice of preliminary Notification to Interested Parties must strike this information from the determination we stated that we would record and may not consider it in the This notice serves as the only solicit further information on various final determination. reminder to parties subject to scope-related issues, including class or administrative protective order (APO) in kind of merchandise. DOC Position these investigations of their On February 10, 1995, we issued a We disagree with petitioner. With responsibility covering the return or questionnaire to interested parties to respect to the portions of Mannesmann’s destruction of proprietary information request further information on whether case brief referred to above concerning disclosed under APO in accordance the scope of the investigation class or kind and end use, we note that with 19 CFR 353.34(d). Failure to constitutes more than one class or kind the information contained therein comply is a violation of the APO. of merchandise. Responses to this further corroborates data previously This determination is published questionnaire were submitted on March submitted on the record by respondent pursuant to section 735(d) of the Act (19 27, 1995. (see Mannesmann’s submissions dated USC 1673(d)) and 19 CFR 353.20. On February 10, 1995, we issued a October 21, 1994, October 31, 1994, and Dated: June 12, 1995. supplemental questionnaire to March 27, 1994). With respect to Susan G. Esserman, Mannesmannrohren-Werke AG (MRW). MRW submitted its supplemental bevelling costs, we did not rely on the Assistant Secretary for Import information referred to by petitioner for Administration. responses and revised home market and U.S. sales listings on February 28, 1995, purposes of the final determination (see [FR Doc. 95–14937 Filed 6–16–95; 8:45 am] DOC Position to Comment 7 above). and March 6, 1995, respectively. BILLING CODE 3510±DS±P Pursuant to requests by petitioner and Continuation of Suspension of respondent, on February 16, 1995, a Liquidation [A±428±820] notice was published in the Federal In accordance with section 733(d)(1) Register (60 FR 9012) announcing the of the Act 19 USC 1673b(d)(1), we Notice of Final Determination of Sales postponement of the final determination directed the Customs Service to suspend at Less Than Fair Value: Small until June 12, 1995. liquidation of all entries of seamless Diameter Circular Seamless Carbon In March and April 1995, we pipe from Brazil, as defined in the and Alloy Steel, Standard, Line and conducted verification of MRW’s ‘‘Scope of Investigation’’ section of this Pressure Pipe From Germany questionnaire responses. Our notice, that are entered, or withdrawn verification reports were issued in May AGENCY: Import Administration, from warehouse, for consumption on or 1995. International Trade Administration, after January 27, 1995. On April 27, 1995, Koppel Steel Pursuant to the results of this final Department of Commerce. Corporation, a U.S. producer of subject determination, we will instruct the EFFECTIVE DATE: June 19, 1995. merchandise which appeared as an Customs Service to require a cash FOR FURTHER INFORMATION CONTACT: interested party from the outset of this deposit or posting of a bond equal to the Irene Darzenta or Fabian Rivelis, Office investigation, requested co-petitioner estimated dumping margin, as shown of Antidumping Investigations, Import status. below, for entries of seamless pipe from Administration, U.S. Department of Respondent and petitioner submitted Brazil that are entered, or withdrawn Commerce, 14th Street and Constitution case briefs on May 16, 1995, and from warehouse, for consumption from Avenue NW., Washington, DC 20230; rebuttal briefs on May 23, 1995. No the date of the publication of this notice telephone (202) 482–6320 or (202) 482– public hearing was requested. On May in the Federal Register. The suspension 3853, respectively. 23, 1995, we returned portions of of liquidation will remain in effect until FINAL DETERMINATION: The Department of MRW’s case brief because we further notice. Commerce (the Department) determines determined that it contained new that small diameter circular seamless factual information submitted after the Manufacturer/producer/ex- Margin carbon and alloy steel, standard, line deadline specified in 19 CFR 353.31 porter percent and pressure pipe (seamless pipe) from (a)(i)) for the submission of factual Mannesmann S.A...... 125.00 Germany is being, or is likely to be, sold information. On May 24, 1995, MRW All Others ...... 125.00 in the United States at less than fair refiled its case brief with the new value, as provided in section 735 of the information deleted. Tariff Act of 1930, as amended (the Act). ITC Notification Scope of Investigation The estimated margins are shown in the In accordance with section 735(d) of ‘‘Suspension of Liquidation’’ section of The following scope language reflects the Act, we have notified the ITC of our this notice. certain modifications made for purposes determination. The ITC will make its of the final determination, where determination whether these imports Case History appropriate, as discussed in the ‘‘Scope materially injure, or threaten injury to, Since the notice of the preliminary Issues’’ section below. a U.S. industry, within 45 days of the determination published on January 27, The scope of this investigation publication of this notice. If the ITC 1995, (60 FR 5355), the following events includes seamless pipes produced to the determines that material injury, or have occurred. ASTM A–335, ASTM A–106, ASTM A– threat of material injury, does not exist, On February 8, 1995, petitioner 53 and API 5L specifications and the proceeding will be terminated and alleged that the Department made a meeting the physical parameters all securities posted as a result of the ministerial error in its preliminary described below, regardless of suspension of liquidation will be margin calculations. The Department application. The scope of this refunded or cancelled. If the ITC determined on February 17, 1995, that investigation also includes all products determines that material injury or threat the allegation raised by petitioners was used in standard, line, or pressure pipe Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31975 applications and meeting the physical related uses. Standard pipes (depending A–333, and A–524. When such pipes parameters below, regardless of on type and code) may carry liquids at are used in a standard, line or pressure specification. elevated temperatures but must not pipe application, such products are For purposes of this investigation, exceed relevant ASME code covered by the scope of this seamless pipes are seamless carbon and requirements. investigation. alloy (other than stainless) steel pipes, Seamless line pipes are intended for Specifically excluded from this of circular cross-section, not more than the conveyance of oil and natural gas or investigation are boiler tubing and 114.3 mm (4.5 inches) in outside other fluids in pipe lines. Seamless line mechanical tubing, if such products are diameter, regardless of wall thickness, pipes are produced to the API 5L not produced to A–335, A–106, A–53 or manufacturing process (hot-finished or specification. API 5l specifications and are not used cold-drawn), end finish (plain end, Seamless pipes are commonly in standard, line or pressure bevelled end, upset end, threaded, or produced and certified to meet ASTM applications. In addition, finished and threaded and coupled), or surface finish. A–106, ASTM A–53 and API 5L unfinished OCTG are excluded from the These pipes are commonly known as specifications. Such triple certification scope of this investigation, if covered by standard pipe, line pipe or pressure of pipes is common because all pipes the scope of another antidumping duty pipe, depending upon the application. meeting the stringent A–106 order from the same country. If not They may also be used in structural specification necessarily meet the API covered by such an OCTG order, applications. Pipes produced in non- 5L and ASTM A–53 specifications. finished and unfinished OCTG are standard wall thicknesses are commonly Pipes meeting the API 5L specification included in this scope when used in referred to as tubes. necessarily meet the ASTM A–53 standard, line or pressure applications. The seamless pipes subject to these specification. However, pipes meeting Finally, also excluded from this investigations are currently classifiable the A–53 or API 5L specifications do not investigation are redraw hollows for under subheadings 7304.10.10.20, necessarily meet the A–106 cold-drawing when used in the 7304.10.50.20, 7304.31.60.50, specification. To avoid maintaining production of cold-drawn pipe or tube. 7304.39.00.16, 7304.39.00.20, separate production runs and separate Although the HTSUS subheadings are 7304.39.00.24, 7304.39.00.28, inventories, manufacturers triple certify provided for convenience and customs 7304.39.00.32, 7304.51.50.05, the pipes. Since distributors sell the vast purposes, our written description of the 7304.51.50.60, 7304.59.60.00, majority of this product, they can scope of this investigation is dispositive. 7304.59.80.10, 7304.59.80.15, thereby maintain a single inventory to 7304.59.80.20, and 7304.59.80.25 of the service all customers. Scope Issues Harmonized Tariff Schedule of the The primary application of ASTM A– Interested parties in these United States (HTSUS). 106 pressure pipes and triple certified investigations have raised several issues The following information further pipes is in pressure piping systems by related to the scope. We considered defines the scope of this investigation, refineries, petrochemical plants and these issues in our preliminary which covers pipes meeting the chemical plants. Other applications are determination and invited additional physical parameters described above: in power generation plants (electrical- comments from the parties. These Specifications, Characteristics and fossil fuel or nuclear), and in some oil issues, which are discussed below, are: Uses: Seamless pressure pipes are field uses (on shore and off shore) such (A) Whether to continue to include end intended for the conveyance of water, as for separator lines, gathering lines use as a factor in defining the scope of steam, petrochemicals, chemicals, oil and metering runs. A minor application these investigations; (B) whether the products, natural gas and other liquids of this product is for use as oil and gas seamless pipe subject to these and gasses in industrial piping systems. distribution lines for commercial investigations constitutes more than one They may carry these substances at applications. These applications class or kind of merchandise; and (C) elevated pressures and temperatures constitute the majority of the market for miscellaneous scope clarification issues and may be subject to the application of the subject seamless pipes. However, A– and scope exclusion requests. external heat. Seamless carbon steel 106 pipes may be used in some boiler pressure pipe meeting the American applications. A. End Use Society for Testing and Materials The scope of this investigation We stated in our preliminary (ASTM) standard A–106 may be used in includes all seamless pipe meeting the determination that we agreed with temperatures of up to 1000 degrees physical parameters described above petitioner that pipe products identified fahrenheit, at various American Society and produced to one of the as potential substitutes used in the same of Mechanical Engineers (ASME) code specifications listed above, regardless of applications as the four standard, line, stress levels. Alloy pipes made to ASTM application, and whether or not also and pressure pipe specifications listed standard A–335 must be used if certified to a non-covered specification. in the scope would fall within the class temperatures and stress levels exceed Standard, line and pressure applications or kind of subject merchandise and, those allowed for A–106 and the ASME and the above-listed specifications are therefore, within the scope of any orders codes. Seamless pressure pipes sold in defining characteristics of the scope of issued in these investigations. However, the United States are commonly this investigation. Therefore, seamless we acknowledged the difficulties produced to the ASTM A–106 standard. pipes meeting the physical description involved with requiring end-use Seamless standard pipes are most above, but not produced to the A–335, certifications, particularly the burdens commonly produced to the ASTM A–53 A–106, A–53, or API 5L standards shall placed on the Department, the U.S. specification and generally are not be covered if used in a standard, line or Customs Service, and the parties, and intended for high temperature service. pressure application. stated that we would strive to simplify They are intended for the low For example, there are certain other any procedures in this regard. temperature and pressure conveyance of ASTM specifications of pipe which, For purposes of these final water, steam, natural gas, air and other because of overlapping characteristics, determinations, we have considered liquids and gasses in plumbing and could potentially be used in A–106 carefully additional comments heating systems, air conditioning units, applications. These specifications submitted by the parties and have automatic sprinkler systems, and other generally include A–162, A–192, A–210, determined that it is appropriate to 31976 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices continue to employ end use to define suspect that substitution is occurring.2 analyzed this issue based on the criteria the scope of these cases with respect to Second, we will require end-use set forth by the Court of International non-listed specifications. We find that certification only for the product(s) (or Trade in Diversified Products v. United the generally accepted definition of specification(s)) for which evidence is States, 6 CIT 155, 572 F. Supp. 883 standard, line and pressure seamless provided that substitution is occurring. (1983). These criteria are as follows: (1) pipes is based largely on end use, and For example, if, based on evidence The general physical characteristics of that end use is implicit in the provided by petitioner, the Department the merchandise; (2) expectations of the description of the subject merchandise. finds a reasonable basis to believe or ultimate purchaser; (3) the ultimate use Thus, end use must be considered a suspect that seamless pipe produced to of the merchandise; (4) the channels of significant defining characteristic of the A–162 specification is being used as trade in which the merchandise moves; subject merchandise. Given our past pressure pipe, we will require end- use and (5) the cost of that merchandise. experience with substitution after the certifications for imports of A–162 In the past, the Department has imposition of antidumping orders on specification. Third, normally we will divided a single class or kind in a steel pipe products 1, we agree with require only the importer of record to petition into multiple classes or kinds petitioner that if products produced to certify to the end use of the imported where analysis of the Diversified a non-listed specification (e.g., seamless merchandise. If it later proves necessary Products criteria indicates that the pipe produced to A–162, a non-listed for adequate implementation, we may subject merchandise constitutes more specification in the scope) were actually also require producers who export such than one class or kind. See, for example, used as standard, line, or pressure pipe, products to the United States to provide Final Determination of Sales at Less then such product would fall within the such certification on invoices than Fair Value; Anti-Friction Bearings same class or kind of merchandise accompanying shipments to the United (Apart from Tapered Roller Bearings) subject to these investigations. States. For a complete discussion of from Germany, 54 FR 18992, 18998 Furthermore, we disagree with interested party comments and the (May 3, 1989) (‘‘AFBs from Germany’’); respondents’ general contention that Department’s analysis on this topic, see Pure and Alloy Magnesium from using end use for the scope of an June 12, 1995, End Use Decision Canada: Final Affirmative antidumping case is beyond the Memorandum from Deputy Assistant Determination; Rescission of purview of the U.S. antidumping law. Secretary Barbara Stafford (DAS) to Investigation and Partial Dismissal of The Department has interpreted scope Assistant Secretary Susan Esserman Petition, 57 FR 30939 (July 13, 1992). language in other cases as including an (AS). 1. Physical Characteristics end-use specification. See Ipsco Inc. v. United States, 715 F.Supp. 1104 (CIT B. Class or Kind We find little meaningful difference 1989)(Ipsco). In Ipsco, the Department In the course of these investigations, in physical characteristics between had clarified the scope of certain orders, certain respondents have argued that the seamless pipe above and below two in particular the phrase, ‘‘intended for scope of the investigations should be inches. Both are covered by the same use in drilling for oil and gas,’’ as divided into two classes or kinds. technical specifications, which contains covering not only API specification Siderca S.A.I.C., the Argentine detailed requirements.3 While we OCTG pipe but, ‘‘ ‘all other pipe with respondent, has argued that the scope recognize that carbon and alloy pipe do [certain specified] characteristics used should be divided according to size: have some important physical in OCTG applications * * *’ ’’ Ipsco at seamless pipe with an outside diameter differences (primarily the enhanced heat 1105. In reaching this determination, of 2 inches or less and pipe with an and pressure tolerances associated with the Department also provided an outside diameter of greater than 2 alloy grade steels), it is difficult to say additional description of the covered inches constitute two classes or kinds. where carbon steel ends and alloy steel merchandise, and initiated an end-use Mannesmann S.A., the Brazilian begins. As we have discussed in our certification procedure. respondent, and Mannesmannrohren- Class or Kind Decision Memorandum of Regarding implementation of the end Werke AG, the German respondent, June 12, 1995, carbon steel products use provision of the scope of these argued that the scope should be divided themselves contain alloys, and there is investigations, and any orders which based upon material composition: a range of percentages of alloy content may be issued in these investigations, carbon and alloy steel seamless pipe present in merchandise made of carbon we are well aware of the difficulty and constitute two classes or kinds. steel. We find that alloy grade steels, burden associated with such In our preliminary determinations, we and pipes made therefrom, represent the certifications. Therefore, in order to found insufficient evidence on the upper end of a single continuum of steel maintain the effectiveness of any order record that the merchandise subject to grades and associated attributes.4 that may be issued in light of actual these investigations constitutes more substitution in the future (which the than one class or kind. We also 3 The relevant ASTM specifications, as well as end-use criterion is meant to achieve), product definitions from other independent sources indicated that there were a number of (e.g., American Iron and Steel Institute (AISI)), yet administer certification procedures areas where clarification and additional describe the sizes for standard, line, and pressure in the least problematic manner, we comment were needed. For purposes of pipe, as ranging from 1/2 inch to 60 inches have developed an approach which the final determination, we considered (depending on application). None of these simplifies these procedures to the descriptions suggest a break point at two inches. a significant amount of additional 4 The Department has had numerous cases where greatest extent possible. information submitted by the parties on steel products including carbon and alloy grades First, we will not require end-use this issue, as well as information from were considered to be within the same class or certification until such time as other sources. This information strongly kind. See, e.g., Preliminary Determination of Sales petitioner or other interested parties at Less than Fair Value: Oil Country Tubular Goods supports a finding of one class or kind from Austria, et al., 60 FR 6512 (February 2, 1995); provide a reasonable basis to believe or of merchandise. As detailed in the June Final Determination of Sales at Less than Fair 12, 1995, Class or Kind Decision Value: Certain Alloy and Carbon Hot-Rolled Bars, 1 See Preliminary Affirmative Determination of Rods, and Semi-Finished Products of Special Bar Scope Inquiry on Antidumping Duty Orders on Memorandum from DAS to AS, we Quality Engineered Steel from Brazil, 58 FR 31496 Certain Welded Non-Alloy Steel Pipes from Brazil, (June 3, 1993); Final Determination of Sales at Less the Republic of Korea, Mexico and Venezuela, 59 2 This approach is consistent with petitioner’s than Fair Value: Forged Steel Crankshafts from the FR 1929, January 13, 1994. request. United Kingdom, 60 FR 22045 (May 9, 1995). Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31977 In those prior determinations where ASTM, AISI, and a variety of other scope. For a complete discussion of the Department divided a single class or sources do not recognize a distinction interested party comments and the kind, the Department emphasized that between pipe over and under two Department’s analysis on these topics, differences in physical characteristics inches. see June 12, 1995, Additional Scope also affected the capabilities of the Likewise, despite the fact that alloy Clarifications Decision Memorandum merchandise (either the mechanical grade steels are associated with from DAS to AS. capabilities, as in AFBs from Germany, enhanced heat and pressure tolerances, Regarding OCTG, petitioner requested 54 FR at 18999, 19002–03, or the there is no evidence that the carbon or that OCTG and unfinished OCTG be chemical capabilities, as in Pure and alloy content of the subject merchandise included within the scope of these Alloy Magnesium from Canada, 57 FR at can be differentiated in the ultimate use investigations if used in a standard, line 30939), which in turn established the or expectations of the ultimate or pressure pipe application. However, boundaries of the ultimate use and purchaser of seamless pipe. OCTG and unfinished OCTG, even customer expectations of the products 3. Channels of Trade when used in a standard, line or involved. pressure pipe application, may come As the Department said in AFBs from Based on information supplied by the within the scope of certain separate, Germany, parties, we determine that the vast concurrent investigations. We intend majority of the subject merchandise is [t]he real question is whether the physical that merchandise from a particular differences are so material as to alter the sold through the same channel of country not be classified simultaneously essential nature of the product, and, distribution in the United States and is as subject to both an OCTG order and therefore, rise to the level of class or kind triple-stenciled in order to meet the a seamless pipe order. Thus, to distinctions. We believe that the physical greatest number of applications. eliminate any confusion, we have differences between the five classes or kinds Accordingly, the channels of trade revised the scope language above to of the subject merchandise are fundamental offer no basis for dividing the subject exclude finished and unfinished OCTG, and are more than simply minor variations merchandise into multiple classes or on a theme. if covered by the scope of another kinds based on either the size of the antidumping duty order from the same 54 Fed. Reg. at 19002. In the present outside diameter or on pipe having a country. If not covered by such an cases, there is insufficient evidence to carbon or alloy content. OCTG order, finished and unfinished conclude that the differences between OCTG are included in this scope when pipe over 2 inches in outside diameter 4. Cost used in a standard, line or pressure pipe and 2 inches or less in outside diameter, Based on the evidence on the record, application, and, as with other non- rise to the level of a class or kind we find that cost differences between listed specifications, may be subject to distinction. the various products do exist. However, Furthermore, with regard to Siderca’s the parties varied considerably in the end-use certification if there is evidence allegation that a two-inch breakpoint is factors which they characterized as most of substitution. widely recognized in the U.S. market for significant in terms of affecting cost. Regarding pipe produced in non- seamless pipe, the Department has There is no evidence that the size ranges standard wall thicknesses, we determine found only one technical source of U.S. above and below two inches, and the that these products are clearly within market data for seamless pipe, the difference between carbon and alloy the parameters of the scope of these Preston Pipe Report. The Preston Pipe grade steels, form a break point in cost investigations. For clarification Report, which routinely collects and which would support a finding of purposes, we note that the physical publishes U.S. market data for this separate classes or kinds. parameters of the scope include all merchandise, publishes shipment data In conclusion, while we recognize seamless carbon and alloy steel pipes, of circular cross-section, not more than 4.5 for the size ranges 1⁄2 to 41⁄2 inches: It that certain differences do exist between does not recognize a break point at 2 the products in the proposed class or inches in outside diameter, regardless of inches. Accordingly, the Department kind of merchandise, we find that the wall thickness. Therefore, the fact that does not agree with Siderca that ‘‘the similarities significantly outweigh any such products may be referred to as U.S. market’’ recognizes 2 inches as a differences. Therefore, for purposes of tubes by some parties, and may be physical boundary line for the subject the final determination, we will multiple-stenciled, does not render merchandise. continue to consider the scope as them outside the scope. In these present cases, therefore, the constituting one class or kind of Regarding pipe produced to a covered Department finds that there is merchandise. specification but used in a non-covered insufficient evidence that any physical application, we determine that these C. Miscellaneous Scope Clarification differences between pipe over 2 inches products are within the scope. We agree Issues and Exclusion Requests in outside diameter and 2 inches or less with the petitioner that the scope of this in outside diameter, or between carbon The miscellaneous scope issues investigation includes all merchandise and alloy steel, rise to the level of class include: (1) Whether OCTG and produced to the covered specifications or kind distinctions. unfinished OCTG are excluded from the and meeting the physical parameters of scope of these investigations; (2) the scope, regardless of application. The 2. Ultimate Use and Purchaser whether pipes produced to non- end-use criteria included in the scope is Expectations standard wall thicknesses (commonly only applicable to products which can We find no evidence that pipe above referred to as ‘‘tubes’’) are covered by be substituted in the applications to and below two inches is used the scope; (3) whether certain which the covered specifications are put exclusively in any specific applications. merchandise (e.g., boiler tubing, i.e. standard, line, and pressure Rather, the record indicates that there mechanical tubing) produced to a applications. are overlapping applications. For specification listed in the scope but It is apparent that at least one party example, pipe above and below two used in an application excluded from in this case interpreted the scope inches may both be used as line and the scope is covered by the scope; and incorrectly. Therefore, we have clarified pressure pipe. The technical definitions (4) whether redraw hollows used for the scope to make it more explicit that for line and pressure pipe provided by cold drawing are excluded from the all products made to ASTM A–335, 31978 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices ASTM A–106, ASTM A–53 and API 5L as deemed appropriate by the Period of Investigation are covered, regardless of end use. Department. The period of investigation (POI) is With respect to redraw hollows for The Court of International Trade (CIT) January 1, through June 30, 1994. cold drawing, the scope language has upheld in very broad terms the excludes such products specifically Department’s ability to allow Applicable Statute and Regulations when used in the production of cold- amendments to petitions. For example, Unless otherwise indicated, all drawn pipe or tube. We understand that in Citrosuco Paulista, S.A. v. United citations to the statute and to the petitioner included this exclusion States, 704 F. Supp. 1075 (Ct. Int’l Trade Department’s regulations are in language expressly and intentionally to 1988), the Court sustained the reference to the provisions as they ensure that hollows imported into the Department’s granting of requests for co- existed on December 31, 1994. United States are sold as intermediate petitioner status filed by six domestic Such or Similar Comparisons products, not as merchandise to be used producers on five different dates during in a covered application. an investigation. The Court held that the We have determined that all the addition of the co-petitioners cured any products covered by this investigation Standing defect in the petition, and that allowing constitute a single category of such or The Argentine, Brazilian, and German the petition to be amended was within similar merchandise. Commerce’s discretion: respondents have challenged the Best Information Available (BIA) standing of Gulf States Tube to file the [S]ince Commerce has statutory discretion petition with respect to pipe and tube to allow amendment of a dumping petition We have determined that the between 2.0 and 4.5 inches in outside at any time, and since Commerce may self- questionnaire responses submitted by diameter, arguing that Gulf States Tube initiate a dumping petition, any defect in a MRW are unusable because we were petition filed by [a domestic party is] cured does not produce these products. unable to verify their accuracy. Most when domestic producers of the like product importantly, we found at verification Pursuant to section 732(b)(1) of the [are] added as co-petitioners and Commerce that MRW failed to include the costs Act, an interested party as defined in [is] not required to start a new investigation. incurred by one of its two section 771(9)(C) of the Act has standing Citrosuco, 704 F. Supp. at 1079 manufacturing facilities which to file a petition. (See also 19 CFR (emphasis added). The Court reasoned produced subject merchandise during 353.12(a).) Section 771(9)(C) of the Act that if Commerce were to have the POI among the costs reported for defines ‘‘interested party,’’ inter alia, as dismissed the petition for lack of differences-in-merchandise (difmer) a producer of the like product. For the standing, and to have required the co- adjustment purposes, despite the fact reasons outlined in the ‘‘Scope Issues’’ petitioners to refile at a later date, it that the response had indicated, and section above, we have determined that ‘‘would have elevated form over MRW claimed up until the final hours the subject merchandise constitutes a substance and fruitlessly delayed the of verification, that its reported costs single class or kind of merchandise. The antidumping investigation . . . when reflected a weighted-average of the two International Trade Commission (ITC) Congress clearly intended these cases to plants. Accurate difmer information is has also preliminarily determined that proceed expeditiously.’’ Id. at 1083–84. crucial to the Department’s analysis in there is a single like product consisting Koppel has been an interested party this case because there are very few, if of circular seamless carbon and alloy and a participant in these investigations any, comparisons of identical steel standard, line, and pressure pipe, from the outset. The timing of Koppel’s merchandise. In general, seamless pipe and tubes not more than 4.5 inches in request for co-petitioner status and the in Germany is produced and sold to DIN outside diameter, and including redraw fact that it made its request in response specifications while seamless pipe hollows. (See USITC Publication 2734, to Siderca’s challenge to Gulf States’s exported to the United States is August 1994 at 18). For purposes of Tube’s standing does not render its produced to ASTM specifications. determining standing, the Department request invalid. See Final Affirmative Other significant problems were has determined to accept the ITC’s Countervailing Duty Determination; Live discovered at verification. Company definition of like product, for the Swine and Fresh, Chilled, and Frozen officials could not explain or provide reasons set forth in the ITC’s Pork Products from Canada, 50 FR adequate support documentation to preliminary determination. Because 25097 (June 17, 1985). The Department explain numerous discrepancies and Gulf States is a producer of the like has rejected a request to add a co- omissions. MRW was unable to tie the product, it has standing to file a petition petitioner based on the untimeliness of reported difmer data to its financial with respect to the class or kind of the request only where the Department statements. MRW also failed to merchandise under investigation. determined that there was not adequate adequately demonstrate that the sales Further, as noted in the ‘‘Case History’’ time for opposing parties to submit data reported to the Department took section of this notice, on April 27, 1995, comments and for the Department to into account changes in price, quantity Koppel, a U.S. producer of the product consider the relevant arguments. See and date of sale. Finally, numerous size range at issue, filed a request for co- Final Affirmative Countervailing Duty other errors were found ranging in petitioner status, which the Department Determination: Certain Stainless Steel magnitude from significant granted. As a producer of the like Hollow Products from Sweden, 52 FR discrepancies to minor clerical errors, product, Koppel also has standing. 5794, 5795, 5803 (February 26, 1987). In for the majority of the items we The Argentine respondent argues that this investigation, the respondents have attempted to verify. Collectively, these Koppel’s request was filed too late to had an opportunity to comment on discrepancies and omissions confer legality on the initiation of these Koppel’s request for co-petitioner status, demonstrate that MRW’s questionnaire proceedings with regard to the products and the Argentine respondent has done response is unreliable and unusable for at issue. Gulf States Tube maintains that so in its case brief. Therefore, we have purposes of the final determination. the Department has discretion to permit determined that, because respondents Section 776(b) of the Act provides the amendment of a petition for would not be prejudiced or unduly that if the Department is unable to purposes of adding co-petitioners who burdened, amendment of the petition to verify, within the time specified, the produce the domestic like product, at add Koppel as co-petitioner is accuracy and completeness of the such time and upon such circumstances appropriate. factual information submitted, it shall Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31979 use BIA as the basis for its was unable to demonstrate: (1) How ended scope definition that determination. Consequently, we have many of the figures reported on the sales encompasses products that it does not based this determination on BIA. (See listing were calculated; (2) how they manufacture and that petitioner has decision memorandum from The Team tied to source documentation; and (3) a conceded are not causing present injury. to Barbara R. Stafford dated June 12, tie to financial statements. Therefore, In addition, respondent states that it is 1995, for a detailed discussion of our we are assigning MRW the highest clear that any end-use certification verification findings and BIA margin alleged in the petition as procedure designed to implement such recommendation.) uncooperative BIA. a scope definition is wholly unworkable In determining what rate to use as because of the manner in which the Fair Value Comparisons BIA, the Department follows a two- subject products are sold. That is, in tiered BIA methodology, whereby the To determine whether sales of subject almost all cases the importer of record Department may impose the most merchandise from Germany to the never knows the ultimate use of the adverse rate upon those respondents United States were made at less than pipe products it sells, and in many who refuse to cooperate or otherwise fair value, we compared United States instances, neither do its customers. significantly impede the proceeding, or price (USP) to foreign market value According to MRW, as a practical assign a lower rate for those respondents (FMV) as reported in the petition. See matter, the effect of an end-use who have cooperated in an Initiation of Antidumping Duty certification requirement would be to investigation. When a company is Investigation of Small Diameter Circular ask the impossible of importers. deemed uncooperative, it has been the Seamless Carbon and Alloy Steel Furthermore, respondent states that the Department’s practice to apply as BIA Standard, Line, and Pressure Pipe From anticircumvention procedures of the the higher of the highest margin alleged Argentina, Brazil, Germany and Italy antidumping law provide ample remedy in the petition or the highest rate (59 FR 37025, July 20, 1994). to petitioner in cases of circumvention calculated for any respondent. The Interested Party Comments via product substitution. MRW Department’s practice for applying BIA emphasizes that absent the detailed to cooperative respondents is to use the General Issues inquiry required by anti-circumvention higher of the average of the margins legal provisions, the Department cannot alleged in the petition or the highest Comment 1. MRW argues that petitioner lacks standing to seek the include within the scope of this calculated margin for another firm for investigation other merchandise simply the same class or kind of merchandise imposition of antidumping duties on products that it does not produce. because such other products might in from the same country. See Final theory be utilized for the same purposes Determination of Sales at Less Than According to MRW, petitioner has admitted that it is incapable of as pipe meeting the listed specifications. Fair Value: Antifriction Bearings (Other According to respondent, to do Than Tapered Roller Bearings) and manufacturing seamless pipe and tube in dimensions above two inches in otherwise is contrary to the Parts Thereof From the Federal Republic antidumping law and deprives of Germany, 54 FR 18992, 19033 (May outside diameter. Therefore, respondent maintains that petitioner is not an respondents of their right to a full and 3, 1989). The Department’s two-tier fair hearing on any circumvention methodology for assigning BIA based on ‘‘interested party’’ with respect to this merchandise. Accordingly, the allegations that might be advanced by the degree of respondents’ cooperation petitioner at some later date. has been upheld by the U.S. Court of Department should amend the scope of Appeals for the Federal Circuit. (See the investigation to limit it only to those Petitioner argues that there is no Allied-Signal Aerospace Co. v. the dimensions and pipe types that factual or legal basis for eliminating United States, 996 F2d 1185 (Fed Cir. petitioner has a proven ability to end-use as a defining element of the 1993); see also Krupp Stahl AG. et al v. manufacture. scope of the investigation. Furthermore, the United States, 822 F. Supp. 789 (CIT Gulf States Tube contends that the not only is the feasibility of specific 1993).) antidumping statute neither requires nor enforcement mechanisms irrelevant to We have determined that MRW was permits the Department to limit the the scope determination, but it is also uncooperative during this proceeding scope of the investigation to products untrue that any end-use certification and have assigned a margin based on that the petitioner itself produces. Gulf procedure would be unworkable. uncooperative BIA. Because there are no States Tube also maintains that According to petitioner, there is no other respondents in this investigation respondent’s standing claim is untimely evidence on the record of this we are assigning, as BIA, the highest and may not be considered by the investigation that an end-use margin among the margins alleged in Department at this stage of the certification program must require the the petition. MRW significantly proceeding. Nevertheless, Gulf States submission of an end-use certificate by impeded our administration of the case Tube asserts that the issue is rendered the importer at the time of importation. by misrepresenting the methodology it moot by the request of Koppel Steel Rather, petitioner envisions a program used in the response regarding the costs Corporation, a domestic producer of whereby the end-use certificate travels of the unreported plant. subject merchandise in sizes larger two with the pipe to the ultimate end-user, MRW did not alert the Department at inches in outside diameter, for co- who may then send it back up the line any time to any difficulties in providing petitioner status. of distribution. When final duties are the information requested in the DOC Position. We agree with assessed, the Department may assume questionnaire concerning the petitioner for the reasons outlined in the that any pipe for which no certificates unreported manufacturing facility, and ‘‘Standing’’ section of this notice. can be produced was used in subject had indicated that the plant’s costs had Comment 2. MRW contends that applications. Contrary to MRW’s been included in a weighted-average including an end-use certification arguments, petitioner maintains that the calculation. In addition, much of the requirement in the scope would be both Department and the U.S. Customs documentation we requested at illegal and unworkable. Respondent Service are perfectly capable of verification was received late in the maintains that petitioner is effectively administering an order that includes verification process, was incomplete, or, seeking to circumvent the established end use in its scope definition. In the in some cases, not received at all. MRW legal procedure by arguing for an open- event that products meeting the 31980 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices physical description of subject is willing to pay more for alloy steel Department verified the accuracy of its merchandise, but which are not certified pipe because it must perform under reported sales information and that the to one or more of the covered more adverse conditions than those for discrepancies found at verification were specifications are being substituted into which carbon pipe is suited. With minor. Furthermore, respondent argues one of the listed applications, the respect to cost, respondent states that that the minor discrepancies detailed in burden would be on the petitioner, the cost of alloy pipe is higher than that the verification report should be other domestic producers or interested of carbon pipe because of the more evaluated in the context of the vast parties, to notify Customs and the expensive raw materials and production majority of data that tied exactly to Department with some objective costs incurred in producing alloy pipe. source documentation. Respondent evidence supporting a reasonable belief Finally, with respect to channels of states that the minor discrepancies that substitution is occurring. However, trade, respondent states that carbon and found at verification do not affect the it is both unnecessary and inappropriate alloy pipe move in similar channels; Department’s ability to perform its at this point to engage in debate about however, this factor is not determinative antidumping analysis. the feasibility and desirability of as to class or kind of merchandise. Respondent states that the delays in specific end-use certification Petitioner maintains that the subject providing information requested by the procedures. According to petitioner, the merchandise constitutes a single class or Department at verification were a result facts and policy considerations relevant kind. With respect to MRW’s proposal of the manner in which its records are to such a debate are not available on this for a split in class or kind on the basis kept in the ordinary course of business. record, and the selection of a specific of material composition, petitioner MRW cites to Nippon Pillow Block Sales enforcement mechanism is beyond the asserts that the factual evidence does Co. v. United States, 820 F. Supp. 1444, Department’s responsibilities in this not support such a division. Petitioner’s 1449 (CIT 1993), and Fresh Cut Roses proceeding. state that the application of the criteria from Colombia (Final) 60 FR 6980, 7009 DOC Position. We disagree with employed by the Department in (February 6, 1995) as examples of respondent’s assertion that including Diversified Products compels the Department policy that respondents end-use in the scope of the investigation conclusion that there is a single class or cannot be penalized because of the way would be unlawful. The Department has kind of merchandise. According to their records are kept. interpreted scope language in other petitioner, the physical characteristics Regarding its failure to include the cases as including an end-use of carbon and alloy pipe represent a costs of one of its plants in its reported specification. See Ipsco Inc. v. United single continuum of product produced difmer costs, MRW states the manner in States, 715 F. Supp. 1104 (CIT 1989). with varying chemical compositions to which it reported difmer costs is See the ‘‘Scope Issues’’ section of this meet a range of heat, pressure and reasonable given that this plant is a notice for further discussion on end-use. tensile requirements. According to newly acquired facility located in the Comment 3. MRW contends that the petitioner, there is simply no bright former German Democratic Republic, carbon and alloy pipe products subject dividing line between the physical which was a non-market economy until to investigation are distinct classes or characteristics of the products. recently. Furthermore, MRW states that kinds of merchandise. MRW asserts that Petitioner states that the customer’s it is extraordinarily difficult to calculate the criteria set out in Diversified expectations and use of the product are actual, verifiable costs for a plant that Products support a division between dictated by the engineering specification has operated under a planned economy carbon and alloy products. Specifically, required by the intended application. and that it is appropriate to use the MRW argues that carbon and alloy pipes Because the majority of all subject surrogate costs of a plant in the Federal differ in terms of physical seamless pipe is triple-certified, the Republic of Germany to perform characteristics, uses, customer pipe may be put to any of the uses that antidumping calculations. expectations and cost. With respect to apply to each of the individual DOC Position. We agree with physical characteristics, alloy seamless specifications to which it is certified. petitioner that the magnitude and nature pipes contain higher grade steel than Petitioner points out that the vast of the problems found at verification carbon seamless pipe, and because of majority of seamless pipe is sold require that we base MRW’s margin on their different chemistries, these through the same channel of trade— BIA. (See Best Information Available products have different performance distributors. Finally, petitioner adds (BIA) section of this notice). characteristics. With respect to end use that because the majority of seamless We disagree with respondent’s which, according to respondent, is pipe is triple-certified, it has identical assertion that it is being penalized for inherently tied to physical costs regardless of the customer to the way its records are kept. We must characteristics, carbon pipe is not as whom it is sold. hold all respondents to a basic standard versatile as alloy steel pipe and is not DOC Position. We agree with of accuracy and completeness at suited for the more sophisticated petitioner that the subject merchandise verification while taking into account applications, such as operations in high constitutes a single class or kind for the the limitations existing with respect to temperature environments. Respondent reasons outlined in the ‘‘Scope Issues’’ the respondent’s sales and cost asserts that the Department has section of this notice. accounting systems. We require all consistently emphasized the respondents, regardless of record relationship between physical Company-Specific Issues keeping systems, to prepare for characteristics and end use in past cases For a number of reasons articulated in verification in such a manner that the (e.g., Torrington Co. v. United States, its briefs, with which we concur, Department’s questions can be answered 745 F.Supp. at 726 (CIT 1990)). In petitioner argues that the final within a specified period of time. To addition, respondent states that determination should be based on BIA, this end, we supply all respondents customer expectations vary depending and that MRW should be found to be with an outline which specifies the type upon the ability of specific merchandise uncooperative. of documentation that needs to be to perform a given task. With regard to MRW disagrees and argues that the available at verification. MRW did not alloy and carbon steel pipe, the ultimate Department’s verification report does have the necessary documentation purchaser does not expect these two not offer a balanced assessment of the readily available, which prevented us types of pipe to be interchangeable, and verification. MRW states that the from verifying its response. Most Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31981 significantly, respondents are expected Notification to Interested Parties this questionnaire on March 7. to be forthcoming in their responses to This notice serves as the only Supplemental cost and sales responses the Department’s requests for reminder to parties subject to and revisions were submitted in information. In this case, respondent administrative protective order (APO) in February, March, and April 1995. On February 8, 1995, we postponed failed to report fundamental these investigations of their the final determination until not later information—cost data relating to one of responsibility covering the return or than June 12, 1995 (60 FR 9012, its plants producing subject destruction of proprietary information February 16, 1995). merchandise. In other words, disclosed under APO in accordance We conducted verifications of respondent withheld information with 19 CFR 353.34(d). Failure to Dalmine’s sales and cost questionnaire critical to verification and thus BIA is comply is a violation of the APO. responses in Italy and the United States required. This determination is published in March and April 1995. Verification pursuant to section 735(d) of the Act (19 Other Comments reports were issued in May 1995. USC 1673(d)) and 19 CFR 353.20. Petitioner and respondent made On April 27, 1995, Koppel Steel additional comments on various charges Dated: June 12, 1995. Corporation, an interested party to this and adjustments contained in MRW’s Susan G. Esserman, investigation, requested that it be home market and U.S. sales listings. Assistant Secretary for Import granted co-petitioner status, which the However, since we are basing our final Administration. Department granted. determination on BIA, we consider [FR Doc. 95–14938 Filed 6–16–95; 8:45 am] The petitioner and the respondent these comments to be moot. BILLING CODE 3510±DS±P submitted case briefs on May 18 and rebuttal briefs on May 24, 1995. Continuation of Suspension of On May 22, and May 30, 1995, Liquidation [A±475±814] respectively, the Department returned In accordance with section 733(d)(1) the respondent’s case and rebuttal briefs of the Act, 19 USC 1673b(d)(1), we Notice of Final Determination of Sales and instructed the respondent to refile directed the Customs Service to suspend at Less Than Fair Value: Small the briefs redacting new information. liquidation of all entries of seamless Diameter Circular Seamless Carbon The respondent did so on May 25, and pipe from Germany, as defined in the and Alloy Steel, Standard, Line and June 2, 1995. ‘‘Scope of Investigation’’ section of this Pressure Pipe From Italy Scope of the Investigation notice, that are entered, or withdrawn AGENCY: Import Administration, from warehouse, for consumption on or International Trade Administration, The following scope language reflects after January 27, 1995. Department of Commerce. certain modifications made for purposes Pursuant to the results of this final of the final determination, where EFFECTIVE DATE: June 19, 1995. determination, we will instruct the appropriate, as discussed in the ‘‘Scope Customs Service to require a cash FOR FURTHER INFORMATION CONTACT: Issues’’ section below. deposit or posting of a bond equal to the Dolores Peck or James Terpstra, Office The scope of this investigation estimated final dumping margin, as of Antidumping Investigations, Import includes seamless pipes produced to the shown below for entries of seamless Administration, International Trade ASTM A–335, ASTM A–106, ASTM A– pipe from Germany that are entered, or Administration, U.S. Department of 53 and API 5L specifications and withdrawn from warehouse, for Commerce, 14th Street and Constitution meeting the physical parameters consumption on or after the date of Avenue, NW., Washington, DC 20230; described below, regardless of publication of this notice in the Federal telephone (202) 482–4929 or 482–3965, application. The scope of this Register. The suspension of liquidation respectively. investigation also includes all products will remain in effect until further notice. FINAL DETERMINATION: The Department of used in standard, line, or pressure pipe Commerce (the Department) determines applications and meeting the physical Manufacturer/producer/exporter Margin that small diameter circular seamless parameters below, regardless of percent carbon and alloy steel, standard, line specification. and pressure pipe (seamless pipe) from For purposes of this investigation, Mannesmannrohren-Werke AG ...... 58.23 seamless pipes are seamless carbon and All Others ...... 58.23 Italy is being, or is likely to be, sold in the United States at less than fair value, alloy (other than stainless) steel pipes, as provided in section 735 of the Tariff of circular cross-section, not more than ITC Notification Act of 1930, as amended (the ‘‘Act’’) 114.3 mm (4.5 inches) in outside In accordance with section 735(d) of (1994). The estimated weighted-average diameter, regardless of wall thickness, the Act, we have notified the ITC of our margins are shown in the ‘‘Suspension manufacturing process (hot-finished or determination. The ITC will make its of Liquidation’’ section of this notice. cold-drawn), end finish (plain end, determination whether these imports bevelled end, upset end, threaded, or materially injure, or threaten injury to, Case History threaded and coupled), or surface finish. a U.S. industry within 45 days of the Since our negative preliminary These pipes are commonly known as publication of this notice. If the ITC determination on January 19, 1995 (60 standard pipe, line pipe or pressure determines that material injury or threat FR 5358, January 27, 1995), the pipe, depending upon the application. of material injury does not exist, the following events have occurred: They may also be used in structural proceeding will be terminated and all On February 1, 1995, we initiated a applications. Pipes produced in non- securities posted as a result of the sales below cost investigation of the standard wall thicknesses are commonly suspension of liquidation will be respondent, Dalmine, S.p.A. referred to as tubes. refunded or canceled. However, if the (‘‘Dalmine’’). We instructed Dalmine to The seamless pipes subject to these ITC determines that material injury or respond to the complete cost investigations are currently classifiable threat of material injury does exist, the questionnaire which it had previously under subheadings 7304.10.10.20, Department will issue an antidumping used to only report constructed value 7304.10.50.20, 7304.31.60.50, duty order. data. Dalmine submitted its response to 7304.39.00.16, 7304.39.00.20, 31982 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 7304.39.00.24, 7304.39.00.28, inventories, manufacturers triple certify Although the HTSUS subheadings are 7304.39.00.32, 7304.51.50.05, the pipes. Since distributors sell the vast provided for convenience and customs 7304.51.50.60, 7304.59.60.00, majority of this product, they can purposes, our written description of the 7304.59.80.10, 7304.59.80.15, thereby maintain a single inventory to scope of this investigation is dispositive. 7304.59.80.20, and 7304.59.80.25 of the service all customers. Scope Issues Harmonized Tariff Schedule of the The primary application of ASTM A– United States (HTSUS). 106 pressure pipes and triple certified Interested parties in these The following information further pipes is in pressure piping systems by investigations have raised several issues defines the scope of this investigation, refineries, petrochemical plants and related to the scope. We considered which covers pipes meeting the chemical plants. Other applications are these issues in our preliminary physical parameters described above: in power generation plants (electrical- determination and invited additional Specifications, Characteristics and fossil fuel or nuclear), and in some oil comments from the parties. These Uses: Seamless pressure pipes are field uses (on shore and off shore) such issues, which are discussed below, are: intended for the conveyance of water, as for separator lines, gathering lines (A) whether to continue to include end steam, petrochemicals, chemicals, oil and metering runs. A minor application use as a factor in defining the scope of products, natural gas and other liquids of this product is for use as oil and gas these investigations; (B) whether the and gasses in industrial piping systems. distribution lines for commercial seamless pipe subject to these They may carry these substances at applications. These applications investigations constitutes more than one elevated pressures and temperatures constitute the majority of the market for class or kind of merchandise; and (C) and may be subject to the application of the subject seamless pipes. However, A– miscellaneous scope clarification issues external heat. Seamless carbon steel 106 pipes may be used in some boiler and scope exclusion requests. pressure pipe meeting the American applications. A. End Use Society for Testing and Materials The scope of this investigation (ASTM) standard A–106 may be used in We stated in our preliminary includes all seamless pipe meeting the temperatures of up to 1000 degrees determination that we agreed with physical parameters described above fahrenheit, at various American Society petitioner that pipe products identified and produced to one of the of Mechanical Engineers (ASME) code as potential substitutes used in the same specifications listed above, regardless of stress levels. Alloy pipes made to ASTM applications as the four standard, line, application, and whether or not also standard A–335 must be used if and pressure pipe specifications listed certified to a non-covered specification. temperatures and stress levels exceed in the scope would fall within the class Standard, line and pressure applications those allowed for A–106 and the ASME or kind of subject merchandise and, and the above-listed specifications are codes. Seamless pressure pipes sold in therefore, within the scope of any orders the United States are commonly defining characteristics of the scope of issued in these investigations. However, produced to the ASTM A–106 standard. this investigation. Therefore, seamless we acknowledged the difficulties Seamless standard pipes are most pipes meeting the physical description involved with requiring end-use commonly produced to the ASTM A–53 above, but not produced to the A–335, certifications, particularly the burdens specification and generally are not A–106, A–53, or API 5L standards shall placed on the Department, the U.S. intended for high temperature service. be covered if used in a standard, line or Customs Service, and the parties, and They are intended for the low pressure application. stated that we would strive to simplify temperature and pressure conveyance of For example, there are certain other any procedures in this regard. water, steam, natural gas, air and other ASTM specifications of pipe which, For purposes of these final liquids and gasses in plumbing and because of overlapping characteristics, determinations, we have considered heating systems, air conditioning units, could potentially be used in A–106 carefully additional comments automatic sprinkler systems, and other applications. These specifications submitted by the parties and have related uses. Standard pipes (depending generally include A–162, A–192, A–210, determined that it is appropriate to on type and code) may carry liquids at A–333, and A–524. When such pipes continue to employ end use to define elevated temperatures but must not are used in a standard, line or pressure the scope of these cases with respect to exceed relevant ASME code pipe application, such products are non-listed specifications. We find that requirements. covered by the scope of this the generally accepted definition of Seamless line pipes are intended for investigation. standard, line and pressure seamless the conveyance of oil and natural gas or Specifically excluded from this pipes is based largely on end use, and other fluids in pipe lines. Seamless line investigation are boiler tubing and that end use is implicit in the pipes are produced to the API 5L mechanical tubing, if such products are description of the subject merchandise. specification. not produced to A–335, A–106, A–53 or Thus, end use must be considered a Seamless pipes are commonly API 5l specifications and are not used significant defining characteristic of the produced and certified to meet ASTM in standard, line or pressure subject merchandise. Given our past A–106, ASTM A–53 and API 5L applications. In addition, finished and experience with substitution after the specifications. Such triple certification unfinished OCTG are excluded from the imposition of antidumping orders on of pipes is common because all pipes scope of this investigation, if covered by steel pipe products 1, we agree with meeting the stringent A–106 the scope of another antidumping duty petitioner that if products produced to specification necessarily meet the API order from the same country. If not a non-listed specification (e.g., seamless 5L and ASTM A–53 specifications. covered by such an OCTG order, pipe produced to A–162, a non-listed Pipes meeting the API 5L specification finished and unfinished OCTG are specification in the scope) were actually necessarily meet the ASTM A–53 included in this scope when used in used as standard, line, or pressure pipe, specification. However, pipes meeting standard, line or pressure applications. the A–53 or API 5L specifications do not Finally, also excluded from this 1 See Preliminary Affirmative Determination of Scope Inquiry on Antidumping Duty Orders on necessarily meet the A–106 investigation are redraw hollows for Certain Welded Non-Alloy Steel Pipes from Brazil, specification. To avoid maintaining cold-drawing when used in the the Republic of Korea, Mexico and Venezuela, 59 separate production runs and separate production of cold-drawn pipe or tube. FR 1929, January 13, 1994. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31983 then such product would fall within the States. For a complete discussion of from Canada: Final Affirmative same class or kind of merchandise interested party comments and the Determination; Rescission of subject to these investigations. Department’s analysis on this topic, see Investigation and Partial Dismissal of Furthermore, we disagree with June 12, 1995, End Use Decision Petition, 57 Fed. Reg. 30939 (July 13, respondents’ general contention that Memorandum from Deputy Assistant 1992). using end use for the scope of an Secretary Barbara Stafford (DAS) to 1. Physical Characteristics antidumping case is beyond the Assistant Secretary Susan Esserman purview of the U.S. antidumping law. (AS). We find little meaningful difference The Department has interpreted scope in physical characteristics between language in other cases as including an B. Class or Kind seamless pipe above and below two end-use specification. See Ipsco Inc. v. In the course of these investigations, inches. Both are covered by the same United States, 715 F.Supp. 1104 (CIT certain respondents have argued that the technical specifications, which contains 1989) (Ipsco). In Ipsco, the Department scope of the investigations should be detailed requirements.3 While we had clarified the scope of certain orders, divided into two classes or kinds. recognize that carbon and alloy pipe do in particular the phrase, ‘‘intended for Siderca S.A.I.C., the Argentine have some important physical use in drilling for oil and gas,’’ as respondent, has argued that the scope differences (primarily the enhanced heat covering not only API specification should be divided according to size: and pressure tolerances associated with OCTG pipe but, ‘‘ ‘all other pipe with seamless pipe with an outside diameter alloy grade steels), it is difficult to say [certain specified] characteristics used of 2 inches or less and pipe with an where carbon steel ends and alloy steel in OCTG applications * * *’’ Ipsco at outside diameter of greater than 2 begins. As we have discussed in our 1105. In reaching this determination, inches constitute two classes or kinds. Class or Kind Decision Memorandum of the Department also provided an Mannesmann S.A., the Brazilian June 12, 1995, carbon steel products additional description of the covered respondent, and Mannesmannrohren- themselves contain alloys, and there is merchandise, and initiated an end-use Werke AG, the German respondent, a range of percentages of alloy content certification procedure. argued that the scope should be divided present in merchandise made of carbon Regarding implementation of the end based upon material composition: steel. We find that alloy grade steels, use provision of the scope of these carbon and alloy steel seamless pipe and pipes made therefrom, represent the investigations, and any orders which constitute two classes or kinds. upper end of a single continuum of steel may be issued in these investigations, In our preliminary determinations, we grades and associated attributes.4 we are well aware of the difficulty and found insufficient evidence on the In those prior determinations where burden associated with such record that the merchandise subject to the Department divided a single class or certifications. Therefore, in order to these investigations constitutes more kind, the Department emphasized that maintain the effectiveness of any order than one class or kind. We also differences in physical characteristics that may be issued in light of actual indicated that there were a number of also affected the capabilities of the substitution in the future (which the areas where clarification and additional merchandise (either the mechanical end-use criterion is meant to achieve), comment were needed. For purposes of capabilities, as in AFBs from Germany, yet administer certification procedures the final determination, we considered 54 Fed. Reg. at 18999, 19002–03, or the in the least problematic manner, we a significant amount of additional chemical capabilities, as in Pure and have developed an approach which information submitted by the parties on Alloy Magnesium from Canada, 57 Fed. simplifies these procedures to the this issue, as well as information from Reg. at 30939), which in turn greatest extent possible. other sources. This information strongly established the boundaries of the First, we will not require end-use supports a finding of one class or kind ultimate use and customer expectations certification until such time as of merchandise. As detailed in the June of the products involved. petitioner or other interested parties 12, 1995, Class or Kind Decision As the Department said in AFBs from provide a reasonable basis to believe or Memorandum from DAS to AS, we Germany, 2 analyzed this issue based on the criteria suspect that substitution is occurring. [t]he real question is whether the physical Second, we will require end-use set forth by the Court of International differences are so material as to alter the certification only for the product(s) (or Trade in Diversified Products v. United essential nature of the product, and, specification(s)) for which evidence is States, 6 CIT 155, 572 F. Supp. 883 therefore, rise to the level of class or kind provided that substitution is occurring. (1983). These criteria are as follows: (1) distinctions. We believe that the physical For example, if, based on evidence the general physical characteristics of differences between the five classes or kinds provided by petitioner, the Department the merchandise; (2) expectations of the finds a reasonable basis to believe or ultimate purchaser; (3) the ultimate use 3 The relevant ASTM specifications, as well as of the merchandise; (4) the channels of product definitions from other independent sources suspect that seamless pipe produced to (e.g., American Iron and Steel Institute (AISI)), A–162 specification is being used as trade in which the merchandise moves; describe the sizes for standard, line, and pressure pressure pipe, we will require end-use and (5) the cost of that merchandise. pipe, as ranging from 1/2 inch to 60 inches certifications for imports of A–162 In the past, the Department has (depending on application). None of these divided a single class or kind in a descriptions suggest a break point at two inches. specification. Third, normally we will 4 The Department has had numerous cases where require only the importer of record to petition into multiple classes or kinds steel products including carbon and alloy grades certify to the end use of the imported where analysis of the Diversified were considered to be within the same class or merchandise. If it later proves necessary Products criteria indicates that the kind. See, e.g., Preliminary Determination of Sales subject merchandise constitutes more at Less than Fair Value: Oil Country Tubular Goods for adequate implementation, we may from Austria, et al., 60 Fed. Reg. 6512 (February 2, also require producers who export such than one class or kind. See, for example, 1995); Final Determination of Sales at Less than products to the United States to provide Final Determination of Sales at Less Fair Value: Certain Alloy and Carbon Hot-Rolled such certification on invoices than Fair Value; Anti-Friction Bearings Bars, Rods, and Semi-Finished Products of Special (Apart from Tapered Roller Bearings) Bar Quality Engineered Steel from Brazil, 58 Fed. accompanying shipments to the United Reg. 31496 (June 3, 1993); Final Determination of from Germany, 54 Fed. Reg. 18992, Sales at Less than Fair Value: Forged Steel 2 This approach is consistent with petitioner’s 18998 (May 3, 1989) (‘‘AFBs from Crankshafts from the United Kingdom, 60 Fed. Reg. request. Germany’’); Pure and Alloy Magnesium 22045 (May 9, 1995). 31984 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices of the subject merchandise are fundamental Accordingly, the channels of trade revised the scope language above to and are more than simply minor variations offer no basis for dividing the subject exclude finished and unfinished OCTG, on a theme. merchandise into multiple classes or if covered by the scope of another 54 Fed. Reg. at 19002. In the present kinds based on either the size of the antidumping duty order from the same cases, there is insufficient evidence to outside diameter or on pipe having a country. If not covered by such an conclude that the differences between carbon or alloy content. OCTG order, finished and unfinished OCTG are included in this scope when pipe over 2 inches in outside diameter 4. Cost and 2 inches or less in outside diameter, used in a standard, line or pressure pipe rise to the level of a class or kind Based on the evidence on the record, application, and, as with other non- distinction. we find that cost differences between listed specifications, may be subject to the various products do exist. However, Furthermore, with regard to Siderca’s end-use certification if there is evidence the parties varied considerably in the allegation that a two-inch breakpoint is of substitution. Regarding pipe factors which they characterized as most widely recognized in the U.S. market for produced in non-standard wall significant in terms of affecting cost. seamless pipe, the Department has thicknesses, we determine that these There is no evidence that the size ranges found only one technical source of U.S. products are clearly within the above and below two inches, and the market data for seamless pipe, the parameters of the scope of these difference between carbon and alloy Preston Pipe Report. The Preston Pipe investigations. For clarification grade steels, form a break point in cost Report, which routinely collects and purposes, we note that the physical which would support a finding of parameters of the scope include all publishes U.S. market data for this separate classes or kinds. merchandise, publishes shipment data seamless carbon and alloy steel pipes, of In conclusion, while we recognize circular cross-section, not more than 4.5 for the size ranges 1⁄2 to 41⁄2 inches: it that certain differences do exist between inches in outside diameter, regardless of does not recognize a break point at 2 the products in the proposed class or inches. Accordingly, the Department wall thickness. Therefore, the fact that kind of merchandise, we find that the such products may be referred to as does not agree with Siderca that ‘‘the similarities significantly outweigh any U.S. market’’ recognizes 2 inches as a tubes by some parties, and may be differences. Therefore, for purposes of multiple-stenciled, does not render physical boundary line for the subject the final determination, we will them outside the scope. merchandise. continue to consider the scope as Regarding pipe produced to a covered In these present cases, therefore, the constituting one class or kind of specification but used in a non-covered Department finds that there is merchandise. application, we determine that these insufficient evidence that any physical products are within the scope. We agree differences between pipe over 2 inches C. Miscellaneous Scope Clarification Issues and Exclusion Requests with the petitioner that the scope of this in outside diameter and 2 inches or less investigation includes all merchandise in outside diameter, or between carbon The miscellaneous scope issues produced to the covered specifications and alloy steel, rise to the level of class include: (1) whether OCTG and and meeting the physical parameters of or kind distinctions. unfinished OCTG are excluded from the the scope, regardless of application. The scope of these investigations; (2) 2. Ultimate Use and Purchaser end-use criteria included in the scope is whether pipes produced to non- Expectations only applicable to products which can standard wall thicknesses (commonly be substituted in the applications to We find no evidence that pipe above referred to as ‘‘tubes’’) are covered by which the covered specifications are put and below two inches is used the scope; (3) whether certain i.e. standard, line, and pressure exclusively in any specific applications. merchandise (e.g., boiler tubing, applications. Rather, the record indicates that there mechanical tubing) produced to a It is apparent that at least one party are overlapping applications. For specification listed in the scope but in this case interpreted the scope example, pipe above and below two used in an application excluded from incorrectly. Therefore, we have clarified inches may both be used as line and the scope is covered by the scope; and the scope to make it more explicit that pressure pipe. The technical definitions (4) whether redraw hollows used for all products made to ASTM A–335, for line and pressure pipe provided by cold drawing are excluded from the ASTM A–106, ASTM A–53 and API 5L ASTM, AISI, and a variety of other scope. For a complete discussion of are covered, regardless of end use. sources do not recognize a distinction interested party comments and the With respect to redraw hollows for between pipe over and under two Department’s analysis on these topics, cold drawing, the scope language inches. see June 12, 1995, Additional Scope excludes such products specifically Likewise, despite the fact that alloy Clarifications Decision Memorandum when used in the production of cold- grade steels are associated with from DAS to AS. drawn pipe or tube. We understand that enhanced heat and pressure tolerances, Regarding OCTG, petitioner requested petitioner included this exclusion there is no evidence that the carbon or that OCTG and unfinished OCTG be language expressly and intentionally to alloy content of the subject merchandise included within the scope of these ensure that hollows imported into the can be differentiated in the ultimate use investigations if used in a standard, line United States are sold as intermediate or expectations of the ultimate or pressure pipe application. However, products, not as merchandise to be used purchaser of seamless pipe. OCTG and unfinished OCTG, even in a covered application. when used in a standard, line or 3. Channels of Trade pressure pipe application, may come Standing Based on information supplied by the within the scope of certain separate, The Argentine, Brazilian, and German parties, we determine that the vast concurrent investigations. We intend respondents have challenged the majority of the subject merchandise is that merchandise from a particular standing of Gulf States Tube to file the sold through the same channel of country not be classified simultaneously petition with respect to pipe and tube distribution in the United States and is as subject to both an OCTG order and between 2.0 and 4.5 inches in outside triple-stenciled in order to meet the a seamless pipe order. Thus, to diameter, arguing that Gulf States Tube greatest number of applications. eliminate any confusion, we have does not produce these products. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31985 Pursuant to section 732(b)(1) of the [are] added as co-petitioners and Commerce questionnaire, Dalmine states that the Act, an interested party as defined in [is] not required to start a new investigation. physical characteristics for the majority section 771(9)(C) of the Act has standing Citrosuco, 704 F. Supp. at 1079 of the merchandise exported to the to file a petition. (See also 19 C.F.R. (emphasis added). The Court reasoned United States are identical to the § 353.12(a).) Section 771(9)(C) of the Act that if Commerce were to have physical characteristics of merchandise defines ‘‘interested party,’’ inter alia, as dismissed the petition for lack of sold in the home market. We verified a producer of the like product. For the standing, and to have required the co- this claim. Where there were no sales of reasons outlined in the ‘‘Scope Issues’’ petitioners to refile at a later date, it identical merchandise in the home section above, we have determined that ‘‘would have elevated form over market to compare to U.S. sales, we the subject merchandise constitutes a substance and fruitlessly delayed the based foreign market value (‘‘FMV’’) on single class or kind of merchandise. The antidumping investigation * * * when constructed value (‘‘CV’’) because the International Trade Commission (ITC) Congress clearly intended these cases to difference in merchandise adjustment has also preliminarily determined that proceed expeditiously.’’ Id. at 1083–84. (‘‘difmer’’) for any similar product there is a single like product consisting Koppel has been an interested party comparison exceeded 20 percent. See of circular seamless carbon and alloy and a participant in these investigations Appendix V to the antidumping steel standard, line, and pressure pipe, from the outset. The timing of Koppel’s questionnaire, on file in Room B–099 of and tubes not more than 4.5 inches in request for co-petitioner status and the the main building of the Department. outside diameter, and including redraw fact that it made its request in response hollows. (See USITC Publication 2734, to Siderca’s challenge to Gulf States Fair Value Comparisons August 1994 at 18.) For purposes of Tube’s standing does not render its To determine whether sales of certain determining standing, the Department request invalid. See Final Affirmative seamless pipe from Italy to the United has determined to accept the ITC’s Countervailing Duty Determination; Live States were made at less than fair value, definition of like product, for the Swine and Fresh, Chilled, and Frozen we compared the United States price reasons set forth in the ITC’s Pork Products from Canada, 50 Fed. (USP) to the FMV, as specified in the preliminary determination. Because Reg. 25097 (June 17, 1985). The ‘‘United States Price’’ and ‘‘Price-to- Gulf States is a producer of the like Department has rejected a request to add Price Comparisons’’ sections of this product, it has standing to file a petition a co-petitioner based on the notice. with respect to the class or kind of untimeliness of the request only where United States Price merchandise under investigation. the Department determined that there Further, as noted in the ‘‘Case History’’ was not adequate time for opposing We calculated USP according to the section of this notice, on April 27, 1995, parties to submit comments and for the methodology described in our Koppel, a U.S. producer of the product Department to consider the relevant preliminary determination, with the size range at issue, filed a request for co- arguments. See Final Affirmative following exceptions: petitioner status, which the Department Countervailing Duty Determination: We corrected certain clerical errors granted. As a producer of the like Certain Stainless Steel Hollow Products found at verification, including: (a) the product, Koppel also has standing. from Sweden, 52 Fed. Reg. 5794, 5795, reduction of the marine insurance The Argentine respondent argues that 5803 (February 26, 1987). In this expense for one sale (see U.S. Koppel’s request was filed too late to investigation, the respondents have had verification report); b) an increase in the confer legality on the initiation of these an opportunity to comment on Koppel’s U.S. interest rate used to calculate proceedings with regard to the products request for co-petitioner status, and the imputed credit expenses (see U.S. at issue. Gulf States Tube maintains that Argentine respondent has done so in its verification report); and c) an increase the Department has discretion to permit case brief. Therefore, we have in the percentage used to calculate an the amendment of a petition for determined that, because respondents offset for home market commissions purposes of adding co-petitioners who would not be prejudiced or unduly (See Comment 5 below). We also limited produce the domestic like product, at burdened, amendment of the petition to VAT adjustments to those sales on such time and upon such circumstances add Koppel as co-petitioner is which VAT was paid on the comparison as deemed appropriate by the appropriate. home market sale. Department. Cost of Production The Court of International Trade (CIT) Period of Investigation has upheld in very broad terms the The period of investigation (‘‘POI’’) is Based on the petitioner’s allegations, Department’s ability to allow January 1, 1994, through June 30, 1994. the Department found reasonable amendments to petitions. For example, grounds to believe or suspect that sales in Citrosuco Paulista, S.A. v. United Applicable Statute and Regulations in the home market were made at prices States, 704 F. Supp. 1075 (Ct. Int’l Trade Unless otherwise indicated, all below the cost of producing the 1988), the Court sustained the citations to the statute and the merchandise. As a result, the Department’s granting of requests for co- Department’s regulations refer to these Department initiated an investigation to petitioner status filed by six domestic provisions as they existed on December determine whether Dalmine made home producers on five different dates during 31, 1994. market sales during the POI at prices below their cost of production (COP) an investigation. The Court held that the Such or Similar Comparisons addition of the co-petitioners cured any within the meaning of section 773(b) of defect in the petition, and that allowing We have determined that all the the Act. See memorandum from the the petition to be amended was within products covered by this investigation Team to Barbara Stafford dated February Commerce’s discretion: constitute a single category of such or 1, 1995. similar merchandise. We made fair [S]ince Commerce has statutory discretion to value comparisons on this basis. In A. Calculation of COP allow amendment of a dumping petition at any time, and since Commerce may self- accordance with the Department’s We calculated the COP based on the initiate a dumping petition, any defect in a standard methodology, we first sum of the respondent’s cost of petition filed by [a domestic party is] cured compared identical merchandise. materials, fabrication, general expenses, when domestic producers of the like product Referencing Appendix V of our and home market packing in accordance 31986 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices with 19 CFR 353.51(c). We relied on the FMV based on CV, in accordance with methodology described in the submitted COP data, except in the section 773(b) of the Act. calculation of COP above. following instances where the costs In accordance with section 773(b)(1) Price-to-Price Comparisons were not appropriately quantified or of the Act, in order to determine valued: whether below-cost sales had been We calculated FMV according to the 1. We recalculated the weighted made over an extended period of time, methodology described in our average costs for two control numbers we compared the number of months in preliminary determination with the (‘‘CONNUM’’). CONNUM’s are used to which below-cost sales occurred for following exceptions: identify a group of products considered each product to the number of months 1. We excluded from our analysis to be identical. See Comment 18 below. in the POI in which that product was reported home market sales that were 2. We adjusted depreciation expenses sold. If a product was sold in three or sold for shipment to third countries. See to reflect mill- specific costs. See more months of the POI, we do not Comment 5 below. Comment 13 below. exclude below-cost sales unless there 2. We revised the imputed credit 3. We used the revised total indirect were below-cost sales in at least three calculation for transactions without costs submitted at verification to months during the POI. When we found reported payment dates, using the recalculate the indirect cost allocation that sales of a product only occurred in earliest verified payment date from the rate. one or two months, the number of preselected sales in our verification 4. We disallowed the portion of the months in which the sales occurred report. See Comment 10 below. constituted the extended period of time, reported variance which resulted from 3. We limited VAT adjustments to i.e., where sales of a product were made reversals of prior period accounting those sales on which VAT was paid. in only two months, the extended entries. See Comment 17 below. 4. We decreased the interest rate used period of time was two months; where to calculate imputed credit based on 5. We used Instituto per la sales of a product were made in only verified data. See home market Ricostruzione Industriale S.p.A.’s one month, the extended period of time verification report. (‘‘IRI’’) consolidated financing costs. IRI was one month. See Final is the parent of Dalmine’s parent Determination of Sales at Less Than Price-to-CV Comparisons company. See Comment 14 and 15 Fair Value: Certain Carbon Steel Butt- Where we made CV to purchase price below. Weld Pipe Fittings from the United comparisons, we deducted from CV the B. Test of Home Market Sales Prices Kingdom, 60 FR 10558, 10560 (February weighted-average home market direct 27, 1995). selling expenses and added the U.S. After calculating COP, we tested product-specific direct selling expenses. whether, as required by section 773(b) C. Results of COP Test We adjusted for differences in of the Act, the respondent’s home We found that for certain products commissions in accordance with 19 CFR market sales of subject merchandise more than 90 percent of the 353.56(a)(2). Because commissions were were made at prices below COP, over an respondent’s home market sales were paid on some, but not all home market extended period of time in substantial sold at below COP prices over an sales, we deducted from CV both (1) quantities, and whether such sales were extended period of time. Because indirect selling expenses attributable to made at prices which permit recovery of Dalmine provided no indication that the those sales on which commissions were all costs within a reasonable period of disregarded sales were at prices that not paid; and (2) weighted average time in the normal course of trade. On would permit recovery of all costs commissions. The total deduction was a product-specific basis, we compared within a reasonable period of time in capped by the amount of indirect the COP (net of selling expenses) to the the normal course of trade, for all U.S. expenses paid on the U.S. sales in reported home market prices, less any sales left without a match to home accordance with 19 CFR 353.56(b)(1) applicable movement charges, rebates, market sales as a result of our (1994). and direct and indirect selling expenses. application of the COP test, we based To satisfy the requirement of section FMV on CV, in accordance with section Currency Conversion 773(b)(1) of the Act that below-cost sales 773(b) of the Act. We made currency conversions based be disregarded only if made in D. Calculation of CV on the official exchange rates in effect substantial quantities, we applied the on the dates of the U.S. sales as certified following methodology. If over 90 In accordance with section 773(e)(1) by the Federal Reserve Bank of New percent of the respondent’s sales of a of the Act, we calculated CV based on York, pursuant to 19 CFR 353.60. given product were at prices equal to or the sum of the respondent’s cost of greater than the COP, we did not materials, fabrication, general expenses Verification disregard any below-cost sales of that and U.S. packing costs as reported in As provided in section 776(b) of the product because we determined that the the U.S. sales database. In accordance Act, we verified information provided below-cost sales were not made in with section 773(e)(1)(B) (i) and (ii) of by Dalmine by using standard ‘‘substantial quantities.’’ If between ten the Act, we included: (1) for general verification procedures, including the and 90 percent of the respondent’s sales expenses, the greater of the respondent’s examination of relevant sales and of a given product were at prices equal reported general expenses, adjusted as financial records, and selection of to or greater than the COP, we discarded detailed in the ‘‘Calculation of COP’’ original source documentation only the below-cost sales, provided section above, or the statutory minimum containing relevant information. sales of that product were also found to of ten percent of the cost of be made over an extended period of manufacture; and (2) for profit, the Interested Party Comments time. Where we found that more than 90 statutory minimum of eight percent of Sales Issues percent of the respondent’s sales of a the sum of COM and general expenses product were at prices below the COP, because actual profit on home market Comment 1 and the sales were made over an sales for the respondent was less than The petitioner contends that a margin extended period of time, we disregarded eight percent. We recalculated the based on the best information available all sales of that product, and calculated respondent’s CV based on the (BIA) should be assigned to each of the Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31987 unreported sales of subject merchandise unwarranted. As discussed above (see rather than an actual amount. Therefore, discovered at verification; stating that the Miscellaneous Scope Clarification the petitioner urges the Department to there is no evidence on the record that Issues and Exclusion Requests section of use the lowest freight expense in the Dalmine made a request to have these this notice) the scope language, as home market response as the freight sales excluded. Additionally, the published in the notice of initiation and expense for all sales for its price to price petitioner asserts that the respondent’s the preliminary determination, was comparisons. For the Department’s price unilateral exclusion of certain pipe sales unclear as to whether the products in to cost comparisons, the Department without notice to or permission from the question are subject merchandise. The should consider the highest freight Department was a deliberate and respondent did not report these sales charge for any home market sale to be material omission which affected the based on its reading of the scope of the the freight charge for all home market Department’s decision to excuse the initiation. Since the scope language in sales. respondent from reporting certain the initiation is ambiguous (and hence In reply, the respondent argues that it categories of sales. Had the Department has been clarified in the final would have been extraordinarily known about the totality of the determination), it is not appropriate to burdensome, if not impossible, to match exclusion being requested, it would not penalize the respondent. specific freight invoices to specific have excused the respondent from shipments because freight invoices are Comment 2 reporting these sales. not computerized. At verification, the The respondent argues that its non- The petitioner urges the Department respondent demonstrated it was reported sales fall into the category of to apply a BIA margin to one unreported impractical to link thousands of freight merchandise produced to a subject U.S. sale of subject merchandise invoices to the specific shipments to specification, but which are used in a discovered during verification. which the invoices related. Therefore, non-subject application. Thus, these According to the petitioner, the the respondent calculated the reported sales are outside the scope and therefore Department should view Dalmine’s freight charges from published tariff need not be reported. Since these failure to report this sale against the rates by assuming all shipments were unreported sales involved non-subject background of the respondent’s failure part of a full truck load that was merchandise, no exclusion request was to report other sales of subject delivered to more than one location. necessary. The respondent contends it merchandise, and apply an adverse BIA The respondent claims that the only requested exclusions for products margin. Department verified that its freight produced to subject specifications and The respondent acknowledges that it estimates are reasonable and any used in subject applications, in inadvertently failed to report this sale. differences between estimated amounts accordance with the Department’s According to the respondent, the order and actual freight charges are minor. published scope language. for this unreported sale appeared to be filled when it reported its U.S. sales DOC Position DOC Position data. However, two months later, the We agree with the respondent. At We agree in part with the petitioner. respondent made an additional verification, we noted that, while With respect to certain unreported sales shipment pursuant to this order, which Dalmine maintained computerized of merchandise which was the subject of was mistakenly not loaded with the first databases regarding all sales and cost the respondent’s exclusion request, we two parts of the order. The respondent information, it did not maintain invoice- agree that BIA is appropriate. In the claims it did not attempt to identify specific expense data in its early stages of this investigation, the subsequent shipments pursuant to this computerized sales database. At respondent made several requests to be order, since it considered this order verification the invoice-specific actual excused from reporting particular filled at the time it prepared the sales expenses, calculated to check the categories of U.S. sales which were listing. Only in the course of preparing information in the sales response, had to clearly covered by the scope of this for verification did the additional be calculated manually and there was investigation. The respondent based this invoice amount come to the company’s some difficulty in obtaining source exclusion request on the claim that attention. documentation. these sales represented a certain At verification, we examined the percentage of total U.S. sales. Based on DOC Position respondent’s methodology for this representation, we granted the We agree with the petitioner, in part. calculating estimated freight expenses. request but indicated that the claim The respondent made several shipments We compared actual freight expenses would be subject to verification. At of subject merchandise pursuant to a with the reported estimated freight verification we found additional customer’s order. Each of the shipments expenses, and noted only minor unreported sales of the same were separately invoiced. Two of the discrepancies between these two merchandise that was the subject of the invoices were reported in the figures. Therefore, the use of BIA for respondent’s exclusion request. These respondent’s sales listing. However, the this adjustment is not warranted. additional unreported sales constitute a respondent failed to report one invoice Comment 4 significant additional quantity than was for a small amount of subject represented in the exclusion request. merchandise sold pursuant to this order. The petitioner urges the Department Accordingly, we have assigned a margin The facts do not support applying an to disallow the home market credit based on BIA to the U.S. sales involved adverse BIA margin to this sale. Instead, expense adjustment in its dumping in the exclusion request, as well as the as BIA, we applied the average of all margin calculation because the additional unreported sales of the same positive margins calculated for the respondent overstated substantially merchandise. remaining U.S. sales. credit costs by reporting March 6, 1995, With regard to the other unreported as the payment for all sales unpaid as sales discovered at verification, we Comment 3 of November 1994. The petitioner also agree that the merchandise is within the The petitioner claims the respondent claims the home market credit expense scope of this investigation. However, we misreported home market freight adjustment should be disallowed have decided that the use of adverse charges because it reported a calculated because verified credit differed from the BIA for these unreported sales is amount based on certain assumptions actual credit for six of the eight 31988 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices preselected sales. Further, the petitioner the verified 1994 SG&A expenses to the the Antidumping Duty Investigation of asserts that the respondent failed to take extent that it offsets home market Oil Country Tubular Goods from Italy into account certain outstanding short- commissions. (A–475–816). term loan balances in its calculation of According to the respondent, it acted DOC Position the interest rate used to compute credit reasonably in basing the indirect selling costs. Finally, the petitioner cites page expenses in its questionnaire response We agree with the petitioner that such 54 of the Department’s Italian on 1993 SG&A expense data, given that a finding is unnecessary. The verification report where it claims the 1994 data was unavailable at the time respondent identified all related parties Department notes that the payment the response was being prepared. The in its questionnaire response. We dates reported by Dalmine were either respondent concedes that the 1994 data verified the accuracy of that response incorrect or not available. obtained at verification would be more (see page 6 of our home market The respondent admits that it did not useful to the Department than the 1993 verification report). No further update payment data in its home market data. determination is necessary. sales listing after the submission of Comment 8 December 19, 1994 (which reported all DOC Position payments as of November 25, 1994). It is the Department’s practice to use The respondent argues that tubes and Nevertheless, the respondent the most recent verified data for indirect pipes are distinct products, and urges acknowledges that, for purposes of selling expenses in our margin the Department to clarify that the scope calculating imputed credit costs in its calculations. Accordingly, we used the of this proceeding is limited to pipes. In March 6, 1995, filing, it assumed verified 1994 SG&A figures in our final its case brief, the respondent included incorrectly that all sales unpaid as of determination calculations. an affidavit from a steel pipe and tube November 1994 remained unpaid as of expert in which the expert explains that March 6, 1995. As a result, the imputed Comment 6 hollow steel products known as ‘‘pipe’’ credit calculation was wrong for sales The petitioner claims that Dalmine have specific technical and commercial paid between November 25, 1994, and incorrectly reported average rather than characteristics distinct from those March 6, 1995. The respondent urges actual foreign inland freight on U.S. hollow steel products commonly known the Department to calculate the imputed sales. The petitioner also claims that the as ‘‘tubes.’’ According to this expert, the credit cost adjustment for all sales for respondent could have reported actual pipe producing and consuming which no home market payment date foreign inland freight charges because industries consider pipe to be a product was reported using November 1, 1994, its records are computerized. Therefore, with any combination of outside as the date of payment, since this is a the petitioner urges the Department to diameter (‘‘OD’’) and wall thickness set more conservative approach than that assign the highest foreign inland freight forth in the American Society for employed in the Preliminary charge observed at verification to all Testing Materials (‘‘ASTM’’) standard Determination. U.S. sales. B36.10. This expert reports that hollow In reply, the respondent claims the steel products that do not correspond to DOC Position difference between the highest foreign the OD and wall specifications set forth We disagree with both the petitioner inland freight charge used in its in this standard are not pipes. The and the respondent. During the Italian calculation of average freight and the respondent’s expert also cites numerous verification, we were able to verify the average foreign inland freight reported reasons why products produced to non- payment dates for preselected and for all U.S. sales is immaterial. pipe sizes are normally not used in surprise home market sales. The Moreover, the respondent maintains subject pipe applications. Finally, the petitioner’s reference to page 54 of the that its inland and ocean freight respondent notes that according to the Italian sales verification report in documents are not computerized. American Iron & Steel Institute, tubing, support of its statement that payment as distinguished from pipe, is normally dates were not available for sales not DOC Position produced to outside or inside diameter paid after November 23, 1994, is We agree with the respondent. There dimensions and to a great variety of incorrect. The Italian sales verification is no evidence that the respondent’s diameters and wall thicknesses, and to report in its entire discussion of automated system allowed it to link chemical compositions and mechanical payment dates and credit expenses individual sales with the freight charges properties not commonly available in makes no statement regarding the incurred for those sales. At verification, pipe. Therefore, the respondent requests unavailability of payment dates. We we noted the actual per unit foreign that the Department clarify that used the earliest verified payment date, inland freight charges for the U.S. products produced to non-pipe November 18, 1994, as the payment date preselected sales did not differ dimensions are not subject to this in the credit expense calculation for materially from the average charge investigation. sales without reported payment dates reported in the sales listing. The petitioner argues that the petition which were shipped before November and the published scope expressly state Comment 7 18, 1994. We assumed no credit that subject seamless pipe includes all expenses were incurred for sales In its case brief, the respondent outside diameters not exceeding 4.5 without reported payment dates which requests that the Department clarify inches regardless of wall thickness. The were shipped after November 18, 1994. which of its customers are related petitioner contends that the within the meaning of the U.S. specifications covered by the scope of Comment 5 antidumping duty law. this investigation allow products to be The petitioner argues that the In its rebuttal brief, the petitioner made to non-standard dimensions and respondent incorrectly based its claims that there is no need to make this notes that neither the petition, nor the commission offset on U.S. indirect distinction for the purposes of the final published scope, distinguishes between selling expenses taken from Dalmine’s determination. Should the Department pipes and tubes. In addition, the U.S. subsidiary’s (TAD USA’s) 1993 address such an issue, the petitioner petitioner states that the ITC found a SG&A expenses. The petitioner requests that it do so in a manner single like product containing both maintains that the Department must use consistent with any findings made in pipes and tubes using an analysis Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31989 similar to that employed by the shipped and sales which the respondent and Parts Thereof from France, Department. Finally, the petitioner believed would be exported to a country Germany, Italy, Japan, Romania, argues that respondent’s own sales other than the United States. See the Singapore, Sweden, Thailand and the invoices and internal records refer to June 12, 1995 concurrence United Kingdom, 58 FR 39729, 37756 products made to non-standard memorandum to Barbara Stafford from (1993) (Antifriction Bearings). The dimensions as pipes. the Team for a complete discussion of petitioner asserts that the Department this issue. should write off the remaining book DOC Position value of the idle assets and allocate the We agree with the petitioner. See Cost Issues expense to the POI, because the Scope clarification discussion in the Comment 11 petitioner is unable to determine their body of this notice above. remaining useful lives. The petitioner maintains that Dalmine The respondent argues that it properly Comment 9 understated its depreciation expense by excluded depreciation expense relating The petitioner maintains that pipe excluding improperly the costs to its assets because the facility is and tube subject to this investigation associated with 1993 fixed asset write- permanently closed and such constitutes a single class or kind of downs. Such costs, according to the accounting treatment is in accordance merchandise. The respondent did not petitioner, should be amortized over a with Italian GAAP (Iron Construction comment on the class or kind issue in number of years, including the POI. The Castings From India, 51 FR 9486, 1988). its case or rebuttal briefs. petitioner argues that the Department If the Department were to impute should adjust the COP/CV figures by depreciation expense for the assets in DOC Position including a portion of the 1993 fixed the closed facility, the respondent We agree with the petitioner. See asset adjustment. argues we should allocate the imputed Class or Kind discussion in the body of The respondent claims that the 1993 depreciation over 16 years, the average this notice above. adjustment referred to by the petitioner life of the fixed assets, rather than is not related to fixed assets, but is the Comment 10 expensing the remaining book value of adjustment to Dalmine’s investment in the idle assets during the POI. The petitioner asserts that the its subsidiaries. The amount of the respondent’s home market sales data adjustment represents the operating DOC Position contains a multitude of errors that losses of those subsidiaries. The The fixed assets in question relate to render it unsuitable for calculating an respondent argues that, even if the one of the respondent’s facilities which accurate FMV. Combined with adjustment had involved the company’s is no longer in operation. The land and substantial unreported U.S. sales and fixed assets or inventory, it still should building housing these fixed assets have misreported costs, the petitioner not be included in COP/CV as none of been sold and the company is currently considers it appropriate for the the subject merchandise sold during the attempting to sell the equipment. Italian Department to base the final POI was produced in 1993. GAAP requires the recognition of a loss determination on BIA (petitioner cites on discontinued operations in the DOC Position Final Determination of Sales at Less income statement, but the appropriate Than Fair Value: Circular Welded Non- We agree with the respondent. The period of recognition is not defined. The Alloy Steel Pipe from Brazil, 57 FR write-downs referred to by the respondent, in its normal books and 42940 (September 17, 1992)). petitioner are identified in Dalmine’s records, has yet to recognize a gain or The respondent claims that the 1993 annual report as write-downs due loss from the remaining assets of the discrepancies mentioned by the to the operating results of subsidiaries, discontinued operation. petitioner are immaterial and the use of associated companies and to an The assets in question relate clearly to BIA is unwarranted. adjustment of the shareholder’s equity discontinued operations from a prior of two subsidiaries. Accordingly, these period and are no longer productive DOC Position write-downs are not related to the assets; they are merely awaiting sale. We agree with the respondent that the respondent’s production activities or the Accordingly, we do not consider the use of total BIA is unwarranted. Based subject merchandise and, therefore, we respondent’s normal accounting on the facts on the record, we believe did not adjust the reported COP/CV treatment of these assets to be the errors discovered at verification are figures. unreasonable. The Antifriction Bearings minor in nature, and resulted from case cited by the petitioner is not Comment 12 oversight or mathematical rounding. In controlling because it involved addition, the lack of clarity in the scope, The petitioner claims that Dalmine operations which were temporarily idle, as published in the notice of initiation understated its depreciation expense by while Dalmine’s facility is permanently and the preliminary determination, may excluding improperly depreciation of its closed. have resulted in respondent idle equipment. Although Italian Additionally, had we considered the misinterpretation. The possibility that generally accepted accounting respondent’s accounting treatment to be some of the unreported sales discovered principles (GAAP) may permit this unreasonable and treated the at verification were not reported practice, the petitioner argues that the discontinued operations in accordance because the respondent misinterpreted Department should not allow the with U.S. GAAP, we would consider the the scope cannot be overlooked in our respondent to exclude depreciation of loss to be related to the year in which decision to accept or reject the home idle assets since this treatment creates the decision was made to discontinue market sales response. distortions. The petitioner further states the operations, which was prior to the However, we made certain that the Department’s long-standing POI. Upon disposal of these assets, the adjustments to the home market sales practice is to include depreciation on gain or loss on the sale will be included listing based on our findings at idle assets in calculating COP and CV on the respondent’s income statement verification. Specifically, we deleted because such assets represent a cost to and we will include the gain or loss in sales of small quantities of subject the company. To support this statement, COP/CV, if an order is issued and an merchandise which were unlikely to be the petitioner cites Antifriction Bearings administrative review conducted. 31990 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices Comment 13 Comment 14 questionnaires. When the Department The petitioner argues that Dalmine The petitioner argues that the did request IRI’s consolidated financial improperly allocated depreciation Department should reject Dalmine’s data at verification, the respondent expense using internal management reported financing costs because provided this information. reports instead of the mill-specific fixed Dalmine failed to disclose the fact that DOC Position asset ledgers which are kept in the its financial results are consolidated We agree with the petitioner, in part. normal course of business. The with the financial results of its parent, The Department’s long-standing practice management reports, according to the ILVA S.p.A., in liq. (ILVA). These is to calculate interest expense for COP/ petitioner, are used for allocating plant- financial results are, in turn, CV purposes from the borrowing costs wide depreciation expense to specific consolidated with the financial results incurred by the consolidated group. mills, but do not properly take into of ILVA’s parent, IRI. The petitioner Silicon Metal From Brazil, 56 Fed. Reg. account the actual plant and equipment asserts that the Department calculates at 26,986 (1991). This methodology, used in manufacturing. Instead, the interest expense on a consolidated basis, which has been upheld by the CIT in petitioner claims, the submitted unless the financial structure of the Camargo Correa Metals, S.A. v. U.S., allocation method shifted costs from parent and the operating subsidiary are Slip Op 93–163 (CIT 1993), is based on cost centers producing the subject clearly not integrated, or there are no the fact that the consolidated group’s merchandise to cost centers producing reliable audited consolidated financial controlling entity has the power to non-subject merchandise. The petitioner statements. According to the petitioner, determine the capital structure of each urges the Department to apply BIA neither of these exceptions are member of the group. IRI has such because an analysis they performed applicable in this case. power since it owns a substantial suggests that the respondent applied an The petitioner also contends that the majority of Dalmine through ILVA. In unusually slow rate of depreciation. Department should reject the addition, although the respondent The respondent claims that it did not respondent’s argument that Dalmine’s claims that IRI does not exercise control understate reported depreciation costs, 1994 interest costs should be used over Dalmine’s operations, it is the as the verification report suggested, and instead of IRI’s 1993 interest costs Department’s position that majority argues that it may, in fact, have because the Dalmine-based figures are equity ownership is prima facie overstated its reported depreciation more closely correlated to the POI. The evidence of corporate control. See, e.g., costs. Dalmine asserts that the internal petitioner argues for the application of Final Determination of Sales at Less management reports used to calculate BIA in the final determination. Than Fair Value: New Minivans from depreciation for the submission However, if the Department determines Japan, (Minivans) 57 FR 21946 (May 26, segregate separately depreciation by that total BIA is inappropriate, then the 1992) The respondent has not presented mill and are not used for company-wide petitioner believes the Department sufficient evidence to demonstrate that allocations. It also maintains that the should calculate financing costs using IRI’s consolidated financing expense depreciation expense for equipment IRI’s 1993 audited financial statement would distort Dalmine’s financing costs. used to produce the subject information. In Minivans, we determined that, as a merchandise, as reported in the The respondent claims that it member of a consolidated group of company’s fixed asset ledgers, is properly reported interest expense companies, the operations of a financing substantially less than the depreciation based on the consolidated financing company remain under the controlling expense which was reported in the costs incurred at the Dalmine level, influence of the group. Like other submitted COP/CV data. rather than at the consolidated IRI level. members of the consolidated group, the In support of its claim, the respondent DOC Position financing company’s capital structure is states that IRI does not exercise control determined largely within the group. We agree with the petitioner, in part. over Dalmine’s operations or its capital Consequently, its interest income and The respondent reported its structure. In addition, the respondent expenses are as much a part of the depreciation expense consistent with maintains that using IRI’s consolidated group’s overall borrowing experience as the way its cost accounting system financial expenses would distort any other member company. allocates it to specific mills in the Dalmine’s true financing costs because Lastly, we do not consider it more ordinary course of business. However, IRI’s financing costs include expenses appropriate to use Dalmine’s 1994 we believe that the use of its normal for entities which are dissimilar to consolidated figures over IRI’s 1993 cost accounting methodology may not Dalmine. Additionally, the respondent consolidated figures simply because be a reasonable and accurate points out that IRI’s 1994 audited Dalmine’s audited information more methodology as it does not properly consolidated financial statements were closely relates to the time period of the take into account the actual plant and not available at verification and only its POI. We have no reason to believe that equipment used in manufacturing the 1993 audited consolidated financial IRI’s 1993 audited financial statement subject merchandise. We consider the statements are on the record. However, interest expense data is not mill-specific fixed asset ledgers to be the Dalmine’s 1994 audited consolidated representative of the POI. most accurate basis for allocating financial statements are on the record depreciation expense to specific and, according to the respondent, they Comment 15 products. Therefore, we used the mill- are more relevant because they The petitioner believes the specific depreciation expense. encompass the entire POI. Lastly, the Department should not allow the We note that the petitioner’s analysis respondent objects to the petitioner’s respondent to offset its IRI level regarding the unusually slow insinuation that it attempted to mislead financing costs with short-term interest depreciation rate is flawed because it the Department by failing to disclose income because the reported interest did not properly consider the cost of that its financial results are consolidated income included both short and long- some fixed assets, such as land, which with the financial results of IRI. The term interest income. are not depreciated, and the cost of respondent asserts that this information The respondent claims that the other fixed assets, which have long was not provided since it was not Department should reduce Dalmine’s useful lives. requested in the Department’s interest expenses by long and short-term Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31991 interest income since both long and should exclude both gains and losses. statements in the COP/CV calculations. short-term investments arise from the The respondent states in its brief that it According to the respondent, this company’s current operations. The was not aware of the Department’s treatment necessitates the inclusion of respondent argues that it must earn treatment of exchange gains and losses any accrual reversals in COP/CV revenue from its current operations in until it received the verification agenda calculations for the period in which the order to make long and short-term where the distinction was explicitly respondent recognizes the reversal. investments. Therefore, it is illogical for noted. Otherwise, the respondent claims, the the Department to only consider short- Department would be overstating the DOC Position term interest income to be related to company’s total costs. current operations. Additionally, the We agree with the petitioner. It is the DOC Position respondent notes that treating short and Department’s normal practice to long-term interest income differently distinguish between exchange gains and We agree with the petitioner. We do contradicts the Department’s fungibility loses from sales transactions and not consider it appropriate to reduce of money argument. The respondent exchange gains and losses from current year production costs by the claims that the Department should purchase transactions. See, e.g., Final reversal of prior year operating expense recognize the symmetrical nature of Determination of Sales at Less Than accruals and write-downs of equipment interest income and expense and Fair Value; Silicomanganese from and inventory. The subsequent year’s calculate a true net interest cost which Venezuela, 59 FR 55436 (November 7, reversal of these estimated costs does would take long-term interest income 1994) (Silicomanganese). Accordingly, not represent revenue or reduced into account. the Department does not include operating costs in the year of reversal. exchange gains and losses on accounts See Notice of Final Determinations of DOC Position receivable because the exchange rate Sales at Less Than Fair Value: Certain We agree with the respondent, in part. used to convert third-country sales to Hot-Rolled Carbon Steel Flat Products, It is the Department’s practice to allow U.S. dollars is that in effect on the date Certain Cold-Rolled Carbon Steel Flat a respondent to offset financial expenses of the U.S. sale. (See 19 CFR 353.60). Products, and Certain Cut-to-Length with interest income earned from the The Department includes, however, Carbon Steel Plate From France, 58 FR general operations of the company. See, foreign exchange gains and losses on 37079 (July 9, 1993). Rather, they e.g., Timkin v. United States, 852 F. financial assets and liabilities in its COP represent a correction of an estimate Supp. 1040, 1048 (CIT 1994). The and CV, calculation where they are which was made in a prior year. If the Department does not, however, offset related to the company’s production. Department is able to verify that an interest expense with interest income Financial assets and liabilities are operating expense accrual or an earned on long-term investments directly related to a company’s need to equipment or inventory write-down because long-term interest income does borrow money, and we include the cost recorded during the POI is subsequently not relate to current operations. See, of borrowing in our COP and CV adjusted because the company e.g., Antifriction Bearings (Other Than calculations. See Silicomanganese. The overestimated the cost, we will use the Tapered Roller Bearings) and Parts respondent did not provide any corrected figure, but only for the same Thereof From the Federal Republic of substantiation for the exchange gains period in which the accrual or write- Germany: Final Results of Antidumping and losses reflected in either Dalmine’s down occurred. However, absent any Duty Administrative Review, 56 FR financial statements or IRI’s financial verified information supporting the 31734 (July 11, 1991). The company did statements. However, Dalmine did state overestimation of cost, we have no not provide a break-down of short and at verification that exchange gains are choice but to rely on the amounts long-term interest income for IRI. generally from sales transactions and recorded by the company. The fact that However, we were able to determine the exchange losses are generally from a company is unable to determine that amount of short-term interest income for purchase transactions. We therefore it over accrued certain costs in time for the consolidated IRI group from adjusted the interest expense rate verification does not justify distorting verification exhibits and have applied calculation to include IRI’s exchange the actual production costs incurred in short-term interest income as an offset losses and exclude IRI’s exchange gains. a subsequent year by reducing to Dalmine’s financing costs. subsequent year costs by the Comment 17 overestimated amount. In the present Comment 16 The petitioner argues that the case, since the accruals and write- The petitioner contends that the Department should disallow the portion downs did not occur during 1994, it Department should not allow the of the LIFO variance adjustment which would be inappropriate to recognize the respondent to offset production costs is comprised of reversals of accruals and reversals of such entries in the reported with foreign exchange gains because the other reserves. The petitioner claims costs. gains were not verified by the that these accruals and reserves were Department. established in prior accounting periods Comment 18 The respondent maintains that, and do not relate to POI production. The petitioner asserts that Dalmine contrary to the verification report, it According to the petitioner, allowing has not reported the COP and CV for all does not associate exchange gains and such reversals provides companies that of the subject merchandise sold in the losses with particular transactions. The have advance knowledge of a dumping U.S. during the POI. This assertion is respondent states that it classifies case with a simple means of shifting based on the fact that Dalmine did not exchange gains and losses as part of the costs out of the POI. calculate a weighted average cost for company’s general expenses and it urges The respondent contends that it CONNUM’s 45 and 108, because the the Department to accept this treatment included properly reversals of 1993 company did not produce those of these exchange gains and losses. As accruals and write-downs in its COP/CV products during the POI. The petitioner an alternative to including both foreign costs. Dalmine claims that the claims that a significant percentage of exchange gains and losses in its Department’s general practice is to U.S. sales during the POI were for financing cost calculation, the include accruals which are recognized control numbers not produced during respondent argues that the Department in the respondent’s audited financial the POI. The petitioner argues that the 31992 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices Department should increase the by affiliated companies on the reporting Weighted- submitted COP and CV for the two entity’s behalf in total G&A expenses for Producer/manufacturer exporter average products sold in the U.S. during the COP/CV purposes. Final Determination margin (percent) POI, but produced prior to the POI, of Sales at Less Than Fair Value: because Dalmine was less profitable in Welded Stainless Steel Pipe from Dalmine ...... 1.84 1993. Malaysia, 59 Fed. Reg. 4023, 4027 (Jan. All Others ...... 1.84 The respondent maintains that it 28, 1994); Final Determination of Sales calculated the average COP and CV for at Less Than Fair Value: Ferrosilicon ITC Notification CONNUM’s 45 and 108 by using a from Venezuela, 58 Fed. Reg. 27524 In accordance with section 735(d) of simple average of the cost of the (May 10, 1993); Final Determination of products that comprise each CONNUM the Act, we have notified the ITC of our Sales at Less Than Fair Value: Sweaters rather than a weighted average with a determination. The ITC will make its from Hong Kong, 55 Fed. Reg. 30733 weighting factor for the cost of products determination whether these imports not produced during the POI. Thus, the (July 27, 1990); Final Determination of materially injure or threaten injury to a respondent contends that it properly Sales at Less Than Fair Value: Certain U.S. industry within 45 days of the reported actual contemporaneous cost Small Business Telephones and publication of this notice. If the ITC information. Subassemblies Thereof from Korea, 54 determines that material injury or threat Fed. Reg. 53141 (Dec. 27, 1989). In the of material injury does not exist, the DOC Position present case, the respondent included a proceeding will be terminated and all We agree with the respondent. portion of Dalmine’s G&A expenses and securities posted will be refunded or Dalmine used a simple average of the the G&A expenses of its producing cancelled. However, if the ITC cost of the products that comprised subsidiary in the submitted G&A determines that material injury or threat CONNUM’s 45 and 108 and our expenses. We identified no parent of material injury does exist, the statement in the verification report that company costs allocable to Dalmine. Department will issue an antidumping the respondent used a weighting factor duty order. Comment 20 for some of the products in its cost Notification to Interested Parties calculation for CONNUM’s 45 and 108 The petitioner questions whether all is inaccurate. We calculated COP/CV by This notice serves as the only steel mill variances have been captured weight averaging the average costs of reminder to parties subject to because steel bar costs have been products classified within those administrative protection order (‘‘APO’’) CONNUM’s by the production reported exclusively on the basis of in these investigations of their quantities which we obtained at standard costs. The petitioner claims responsibility covering the return or verification. that price and efficiency variances for destruction of proprietary information We disagree with the petitioner’s the steel mill were excluded from the disclosed under APO in accordance claim that the Department should ratio used to allocate variances to each with 19 CFR 353.4(d). Failure to comply increase the submitted cost data for the product. is a violation of the APO. This determination is published products produced prior to the POI The respondent claims that the pursuant to section 735(d) of the Act (19 because the company was less profitable Department verified that the steel mill U.S.C. 1673(d))and 19 CFR 353.20. in the prior year. The Department tested variance was properly allocated to the Dalmine’s standard costs as adjusted to subject merchandise. Dated: June 12, 1995. actual costs at verification and Susan G. Esserman, determined that these costs actually DOC Position Assistant Secretary for Import reflect the costs incurred during the Administration. POI. We agree with the respondent. The steel mill net profit reported on the [FR Doc. 95–14939 Filed 6–16–95; 8:45 am] Comment 19 respondent’s management report was BILLING CODE 3510±DS±P The petitioner contends that Dalmine zero after all steel mill costs were understated its reported general and allocated to producing mills, based on [C±475±815] administrative (G&A) expenses as it steel usage by the mills. Therefore, all failed to include an allocation of G&A steel mill activity, including variances, Final Affirmative Countervailing Duty expenses incurred by ILVA and IRI. was properly allocated to the producing Determination: Small Diameter Circular Because Dalmine failed to disclose that mills. Seamless Carbon and Alloy Steel it was consolidated with ILVA and IRI, Standard, Line and Pressure Pipe the petitioner believes that, as BIA, the Suspension of Liquidation (``Seamless Pipe'') From Italy Department should add the G&A Pursuant to the results of this final AGENCY: Import Administration, expenses calculated from ILVA’s 1992 determination, we will instruct the International Trade Administration, financial statements and IRI’s 1993 Customs Service to require a cash Department of Commerce. financial statements to the amounts deposit or posting of a bond equal to the EFFECTIVE DATE: June 19, 1995. reported by Dalmine. The respondent maintains that the estimated final dumping margin, as FOR FURTHER INFORMATION CONTACT: Department verified that an appropriate shown below, for entries of seamless Peter Wilkniss, Office of Countervailing share of parent company management standard, line and pressure pipe from Investigations, Import Administration, costs was included in the submitted Italy that are entered or withdrawn from U.S. Department of Commerce, Room COP/CV data. warehouse, for consumption from the 3099, 14th Street and Constitution date of publication of this notice in the Avenue, N.W., Washington, D.C. 20230; DOC Position Federal Register. The suspension of telephone (202) 482–0588. We agree with the respondent. It is liquidation will remain in effect until FINAL DETERMINATION: The Department the Department’s practice to include a further notice. The weighted-average determines that benefits which portion of the G&A expenses incurred dumping margins are as follows: constitute subsidies within the meaning Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31993 of section 701 of the Tariff Act of 1930, For purposes of this investigation, exceed relevant ASME code as amended (‘‘the Act’’), are being seamless pipes are seamless carbon and requirements. provided to manufacturers, producers, alloy (other than stainless) steel pipes, Seamless line pipes are intended for or exporters in Italy of seamless pipe. of circular cross-section, not more than the conveyance of oil and natural gas or For information on the estimated net 114.3 mm (4.5 inches) in outside other fluids in pipe lines. Seamless line subsidies, please see the Suspension of diameter, regardless of wall thickness, pipes are produced to the API 5L Liquidation section of this notice. manufacturing process (hot-finished or specification. cold-drawn), end finish (plain end, Seamless pipes are commonly Applicable Statute and Regulations bevelled end, upset end, threaded, or produced and certified to meet ASTM Unless otherwise indicated, all threaded and coupled), or surface finish. A–106, ASTM A–53 and API 5L citations to the statute and to the These pipes are commonly known as specifications. Such triple certification Department’s regulations are references standard pipe, line pipe or pressure of pipes is common because all pipes to the provisions as they existed on pipe, depending upon the application. meeting the stringent A–106 December 31, 1994. References to the They may also be used in structural specification necessarily meet the API Countervailing Duties: Notice of applications. Pipes produced in non- 5L and ASTM A–53 specifications. Proposed Rulemaking and Request for standard wall thicknesses are commonly Pipes meeting the API 5L specification Public Comments, 54 FR 23366 (May 31, referred to as tubes. necessarily meet the ASTM A–53 1989) (Proposed Regulations), which The seamless pipes subject to these specification. However, pipes meeting has been withdrawn, are provided investigations are currently classifiable the A–53 or API 5L specifications do not solely for further explanation of the under subheadings 7304.10.10.20, necessarily meet the A–106 Department’s CVD practice. 7304.10.50.20, 7304.31.60.50, specification. To avoid maintaining 7304.39.00.16, 7304.39.00.20, separate production runs and separate Case History 7304.39.00.24, 7304.39.00.28, inventories, manufacturers triple certify Since the publication of the 7304.39.00.32, 7304.51.50.05, the pipes. Since distributors sell the vast preliminary determination in the 7304.51.50.60, 7304.59.60.00, majority of this product, they can Federal Register (59 FR 60774, 7304.59.80.10, 7304.59.80.15, thereby maintain a single inventory to November 28, 1994), the following 7304.59.80.20, and 7304.59.80.25 of the service all customers. events have occurred. Harmonized Tariff Schedule of the The primary application of ASTM A– 106 pressure pipes and triple certified On December 23, 1994, we aligned the United States (HTSUS). pipes is in pressure piping systems by final countervailing duty determination The following information further refineries, petrochemical plants and in this investigation with the final defines the scope of this investigation, which covers pipes meeting the chemical plants. Other applications are determination in the companion physical parameters described above: in power generation plants (electrical- antidumping investigation of seamless Specifications, Characteristics and fossil fuel or nuclear), and in some oil pipe from Italy (59 FR 66296). Uses: Seamless pressure pipes are field uses (on shore and off shore) such We conducted verification of the intended for the conveyance of water, as for separator lines, gathering lines responses submitted on behalf of the steam, petrochemicals, chemicals, oil and metering runs. A minor application Government of Italy (‘‘GOI’’), and products, natural gas and other liquids of this product is for use as oil and gas Dalmine S.p.A. (‘‘Dalmine’’) from and gasses in industrial piping systems. distribution lines for commercial January 22 through January 27, 1995. They may carry these substances at applications. These applications On April 19, 1995, we postponed the elevated pressures and temperatures constitute the majority of the market for final determination in this case to June and may be subject to the application of the subject seamless pipes. However, A– 12, 1995 (60 FR 19571). external heat. Seamless carbon steel 106 pipes may be used in some boiler On May 2, 1995 we received a case pressure pipe meeting the American applications. brief from respondent. Neither Society for Testing and Materials The scope of this investigation petitioner or respondent requested a (ASTM) standard A–106 may be used in includes all seamless pipe meeting the hearing in this investigation. temperatures of up to 1000 degrees physical parameters described above Scope of Investigation fahrenheit, at various American Society and produced to one of the of Mechanical Engineers (ASME) code specifications listed above, regardless of The following scope language reflects stress levels. Alloy pipes made to ASTM application, and whether or not also certain modifications made for purposes standard A–335 must be used if certified to a non-covered specification. of the final determination, where temperatures and stress levels exceed Standard, line and pressure applications appropriate, as discussed in the ‘‘Scope those allowed for A–106 and the ASME and the above listed specifications are Issues’’ section of the final codes. Seamless pressure pipes sold in defining characteristics of the scope of determination in the companion the United States are commonly this investigation. Therefore, seamless antidumping case of seamless pipe from produced to the ASTM A–106 standard. pipes meeting the physical description Italy. Seamless standard pipes are most above, but not produced to the A–335, The scope of this investigation commonly produced to the ASTM A–53 A–106, A–53, or API 5L standards shall includes seamless pipes produced to the specification and generally are not be covered if used in a standard, line or ASTM A–335, ASTM A–106, ASTM A– intended for high temperature service. pressure application. 53 and API 5L specifications and They are intended for the low For example, there are certain other meeting the physical parameters temperature and pressure conveyance of ASTM specifications of pipe which, described below, regardless of water, steam, natural gas, air and other because of overlapping characteristics, application. The scope of this liquids and gasses in plumbing and could potentially be used in A–106 investigation also includes all products heating systems, air conditioning units, applications. These specifications used in standard, line, or pressure pipe automatic sprinkler systems, and other generally include A–162, A–192, A–210, applications and meeting the physical related uses. Standard pipes (depending A–333, and A–524. When such pipes parameters below, regardless of on type and code) may carry liquids at are used in a standard, line or pressure specification. elevated temperatures but must not pipe application, such products are 31994 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices covered by the scope of this service shareholdings. As part of its between 1979 and 1993. In accordance investigation. restructuring, Dalmine made several with section 355.44(b)(6)(i) of the Specifically excluded from this asset purchases, sold two of its Proposed Regulations, we preliminarily investigation are boiler tubing and subsidiaries to private parties, and determined that Dalmine was mechanical tubing, if such products are closed several manufacturing facilities. creditworthy from 1979 to 1993. In not produced to A–335, A–106, A–53 or As of December 31, 1993, the Dalmine making this determination we examined API 5l specifications and are not used Group consisted of a holding company Dalmine’s current, quick, times interest in standard, line or pressure (Dalmine S.p.A.), four wholly-owned, earned, and debt-to-equity ratios, in applications. In addition, finished and and one majority-owned, manufacturing addition to its profit margin. unfinished OCTG are excluded from the companies, and a number of sales and Specifically, although a number of the scope of this investigation, if covered by service subsidiaries. financial indicators are weak for certain the scope of another countervailing duty During the POI, ILVA was owned by years, none of the indicators are weak order from the same country. If not the Istituto per la Ricostruzione over the medium or long term, and covered by such an OCTG order, Industriale (‘‘IRI’’), a holding company when examined together on a yearly finished and unfinished OCTG are which was wholly-owned by the GOI. basis, the indicators support the included in this scope when used in Spin-offs determination that Dalmine was standard, line or pressure applications. creditworthy in every year examined. Finally, also excluded from this In its questionnaire response, Dalmine (See also Creditworthy Memorandum, investigation are redraw hollows for reported that between 1990 and 1991, as November 18, 1994). In addition, cold-drawing when used in the part of its overall restructuring process, Dalmine received long-term, production of cold-drawn pipe or tube. the company twice sold ‘‘productive commercial loans from private lenders Although the HTSUS subheadings are units’’ to private buyers. According to in several of the years examined. provided for convenience and customs Dalmine, these sales involved facilities We did not learn anything new at purposes, our written description of the that do not produce the subject verification that would lead us to scope of this investigation is dispositive. merchandise. In the preliminary reconsider our preliminary Dalmine has raised a scope issue in determination, we determined that the determination. Therefore, we continue this investigation. The Department has amount of potentially spun-off benefits to find that Dalmine was creditworthy addressed all scope issues in the final was insignificant. We did not learn from 1979 to 1993. determination of the companion anything at verification that would lead antidumping investigation of seamless us to reverse this determination. Benchmarks and Discount Rates pipe from Italy. Therefore, we have not reduced the Dalmine did not take out any long- subsidies allocated to sales of the Injury Test term, fixed-rate, lire-denominated loans subject merchandise. (See Final Because Italy is a ‘‘country under the in any of the years of the government Concurrence Memorandum dated June loans under investigation. Therefore, in Agreement’’ within the meaning of 12, 1995). section 701(b) of the Act, the U.S. accordance with section 355.44(b)(4) of International Trade Commission (‘‘ITC’’) Equityworthiness the Proposed Regulations, in our is required to determine whether Petitioner has alleged that Dalmine preliminary determination we used, as imports of seamless pipe from Italy was unequityworthy in 1989, the year it the benchmark interest rate, the Bank of materially injure, or threaten material received an indirect equity infusion Italy reference rate which was injury to, a U.S. industry. On August 3, from the GOI, through ILVA S.p.A. determined in Final Affirmative 1994, the ITC preliminarily determined (‘‘ILVA’’), and that the equity infusion Countervailing Duty Determinations: that there is a reasonable indication that was, therefore, inconsistent with Certain Steel Products from Italy an industry in the United States is being commercial considerations. (‘‘Certain Steel from Italy’’), 58 FR, materially injured or threatened with In accordance with section 37327 (July 9, 1993), to be both the best material injury by reason of imports 355.44(e)(1) of the Proposed Regulations approximation of the cost of long-term from Italy of the subject merchandise (Countervailing Duties; Notice of borrowing in Italy and the only long- (59 FR 42286, August 17, 1994). Proposed Rulemaking and Request for term fixed interest rate commonly Public Comments (‘‘Proposed available in Italy. We also used this rate Corporate History of Respondent Regulations’’), 54 FR 23366, May 31, as the discount rate for allocating over Dalmine 1989)), we preliminarily determined time the benefit from non-recurring Prior to its liquidation in 1988, that ILVA’s purchase of Dalmine’s grants for the same reasons as explained Finsider S.p.A. (‘‘Finsider’’) was the shares was consistent with commercial in Final Affirmative Countervailing holding company for all state-owned considerations because Dalmine Duty Determination: Certain Steel steel companies in Italy, including provided evidence that private Products from Spain, 58 FR 37374, Dalmine. Dalmine was an operating investors, unrelated to Dalmine or the 37376 (July 9, 1993). company wholly owned by Finsider. GOI, purchased a significant percentage At verification, we learned that the After Finsider’s liquidation, a new of the 1989 equity offering, on the same Bank of Italy reference rate reflects the government-owned holding company, terms as ILVA. We did not learn cost for Italian banks to borrow long- ILVA S.p.A. (‘‘ILVA’’), was created. anything at verification that would lead term funds. Therefore, the reference rate ILVA took over the former Finsider us to reverse this finding. Therefore, the does not incorporate the mark-up a bank companies, among them Dalmine, Department determines that ILVA’s would charge a corporate client when which became a subsidiary of ILVA in purchase of Dalmine’s shares was making a long-term loan. Long-term 1989 when Finsider’s shareholding in consistent with commercial corporate interest rate data is not Dalmine was transferred to ILVA. considerations. available in Italy. Accordingly, we have Between 1990 and 1993, Dalmine adjusted the reference rate used in the itself was radically restructured. Creditworthiness preliminary determination upward to Dalmine became a financial holding Petitioner has alleged that Dalmine reflect the mark-up an Italian bank company, with industrial, trading, and was uncreditworthy in every year would charge a corporate customer. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31995 In order to approximate this mark-up, sectors. Law 675/77 also sought to with respect to the mortgage loans, the we calculated the difference between promote optimal exploitation of energy two dominant users were the auto and the average short-term corporate resources, and ecological and steel industries which received 45 borrowing rate in Italy and the average environmental recovery. percent and 31 percent of the benefits, interest rate on short-term Italian A primary goal of this legislation was respectively. government debt, for each year in which to bring all government industrial In light of the above evidence, we Dalmine received long-term lire loans or assistance programs under a single law determine that the steel industry was a non-recurring grants from the in order to develop a system to replace dominant user of both the interest government. We then added this mark- indiscriminate and random public contribution and the mortgage loan up to the Italian reference rate used in intervention by the GOI. Other goals programs under Law 675/77. (See the preliminary determination to were (1) to reorganize and develop the section 355.43(b)(2)(iii) of the Proposed approximate an average long-term industrial sector as a whole; (2) to Regulations). Therefore, we determine corporate benchmark interest rate. We increase employment in the South; and that benefits received by Dalmine under also used these rates as the discount (3) to maintain employment in these programs are being provided to a rates for allocating over time the benefit depressed areas. Among other measures specific enterprise or industry or group from non-recurring grants. See Certain taken, the Interministerial Committee of enterprises or industries. On this Steel Products from Spain, 58 FR at for the Coordination of Industrial Policy basis, we find Law 675/77 financing to 37376. (‘‘CIPI’’) was created as a result of Law be countervailable to the extent that it For long-term loans denominated in 675/77. CIPI approves individual is granted on terms inconsistent with other currencies, we used, as the projects in each of the industrial sectors commercial considerations. benchmark interest rate, an average listed above. Under the interest contribution long-term fixed interest rate for loans Six main programs were provided program, Italian commercial banks denominated in the same currency. (See under Law 675/77: (1) interest provided loans to industries designated section E—Article 54 Loans below.) contributions on bank loans; (2) under Law 675/77. The interest owed by mortgage loans provided by the Ministry the recipient companies was partially Calculation Methodology of Industry at subsidized interest rates; offset by interest contributions from the For purposes of this determination, (3) interest contributions on funds GOI. Dalmine received bank loans with the period for which we are measuring raised by bond issues; (4) capital grants interest contributions under Law 675/77 subsidies (the POI) is calendar year for projects in the South; (5) personnel which were outstanding in the POI. 1993. In determining the benefits retraining grants; and (6) VAT Because the GOI interest received under the various programs reductions on purchases of capital contributions were automatically described below, we used the following goods by companies in the South. available when the loans were taken calculation methodology. We first Dalmine reported that it received out, we consider the contributions to calculated the benefit attributable to the benefits under items (1), (2), and (5) constitute reductions in the interest POI for each countervailable program, above. rates charged, rather than grants (see using the methodologies described in In its response, the GOI asserts that Certain Steel From Italy at 37335). At verification, we established that each program section below. For each the steel and automobile industries did Dalmine had repaid each of the loans it program, we then divided the benefit not receive a ‘‘disproportionate’’ share received under this program in June attributable to Dalmine in the POI by of benefits associated with interest 1994. We further found that Dalmine Dalmine’s total sales revenue, as none of contributions when the extent of investment in those industries is had not yet received a portion of the the programs was limited to either compared to the extent of investment in interest contributions originally owed to certain subsidiaries or products of other industries. However, in keeping it by the GOI under this program, due Dalmine. Next, we added the benefits with past practice, we did not consider to delays in GOI approval of several for all programs, including the benefits the level of investment in the individual Dalmine internal asset transfers. Finally, for programs which were not allocated industries receiving benefits under Law we established that Dalmine had paid over time, to arrive at Dalmine’s total 675/77. Instead, we followed the interest on each of the loans during the subsidy rate. Because Dalmine is the analysis outlined in Final Affirmative loan grace periods, contrary to what only respondent company in this Countervailing Duty Determination: Dalmine reported in its questionnaire investigation, this rate is also the Grain-Oriented Electrical Steel From responses. country-wide rate. Italy (Grain-Oriented Electrical Steel), Dalmine argues that the GOI Based upon our analysis of the 59 FR 18357 (April 18, 1994), and Final terminated the subsidized loan portion petition, the responses to our Affirmative Countervailing Duty of this program in 1982, and that questionnaires, verification, and Determination: Certain Steel Products Dalmine repaid each of the loans in June comments by interested parties, we From Brazil, 58 FR 37295, 37295 (July 1994, after the POI, but before the determine the following: 9, 1993), of comparing the share of publication of the preliminary I. Programs Determined To Be benefits received by the steel industry to determination. Consequently, Dalmine Countervailable the collective share of benefits provided contends, no further benefits can accrue to other users of the programs. to Dalmine under this program. A. Benefits Provided Under Law 675/77 According to the information Therefore, according to Dalmine, the Law 675/77 was enacted to bring provided by the GOI, of the eight Department should, in accordance with about restructuring and reconversion in industrial sectors eligible for benefits the Department’s policy to take the following industrial sectors: (1) under Law 675/77, the two dominant program-wide changes into account in electronic technology; (2) the users of the interest contribution setting the duty deposit rate, set manufacturing industry; (3) the agro- program were (1) the Italian auto Dalmine’s deposit rate for this program food industry; (4) the chemical industry; industry which accounted for 34 to zero. (5) the steel industry; (6) the pulp and percent of the benefits, and (2) the Contrary to Dalmine’s assertion, we paper industry; (7) the fashion sector; Italian steel industry which accounted determine that the termination of the and (8) the automobile and aviation for 33 percent of the benefits. Likewise, subsidized loan portion of this program 31996 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices does not constitute a program-wide benefit allocated to the POI for each example, if the lire depreciates five change as defined in section program by Dalmine’s total sales in percent against the DM (the currency in 355.50(b)(1) of the Proposed 1993. On this basis, we determine the which the loan is taken out), borrowers Regulations. Specifically, although net subsidy from these programs to be would normally find that they would Dalmine has repaid the loans it received 0.46 percent ad valorem for all have to repay five percent more (in lire under the program, there could be other manufacturers, producers, and exporters terms). However, under the Exchange Italian companies with loans that are in Italy of the subject merchandise. Rate Guarantee Program, the ceiling still outstanding. Therefore, despite With respect to retraining grants would act to limit the increased termination of the program in 1982, provided to Dalmine under Law 675/77, repayment amount to two percent. there may still be residual benefits it is the Department’s practice to treat There is also a floor in the program under the program. Under our program- training benefits as recurring grants. which would apply if the lire wide change policy, the change at issue (See Certain Steel General Issues appreciated against the DM. The floor cannot be limited to individual firms. Appendix at 37226). Since the only would limit any windfall to the Consequently, we determine that the grant reported under this program was borrower. ‘‘termination’’ of the subsidized loan received by Dalmine in 1986, any In Grain-Oriented Electrical Steel, the portion of this program does not benefit to Dalmine as a result of this Department found this program to be constitute a program-wide change. See grant cannot be attributed to the POI. not countervailable because of Final Affirmative Countervailing Duty Therefore, we determine that retraining incomplete information regarding the Determination and Countervailing Duty benefits provided under Law 675/77 specificity of the program. The Orders; Certain Welded Carbon Steel conferred no benefit to Dalmine during Department stated that, because the Pipe and Tube Products From Argentina the POI. determination was reached while lacking certain important information, (Argentine Pipe), 53 FR 37619 B. Grants Under Law 193/84 (September 27, 1988); Section the finding of non-countervailability 355.50(b)(1) of the Proposed According to the GOI, Articles 2, 3, would not carry over to future Regulations. and 4 of Law 193/84 provide for investigations. Alternatively, Dalmine claims that the subsidies to close steel plants. As stated In this investigation, information Department should recalculate the in Art. 20 of Law N. 46 of 17/2/1982, provided by the GOI shows that the benefits under this program to reflect steel enterprises, including enterprises steel industry received 25% of the the delayed receipt of GOI interest producing seamless pipes, welded benefits under the program. contributions, as well as Dalmine’s pipes, conduits and welded pipes for Furthermore, at verification, we found payment of grace period interest. water and gas, are the recipients of these that in the years Dalmine took out loans With respect to the grace period, we subsidies. As benefits under this on which it received exchange rate have adjusted our calculations to reflect program are limited to the steel guarantees under this program, the steel that Dalmine paid interest during that industry, we determine that Law 193/84 industry received virtually all the time, as established at verification. is de jure specific and, therefore, benefits under the program. Based on However, we are treating the interest countervailable. this information, the Department contributions as countervailable on the At verification, we found that determines that the steel industry was a date Dalmine made the corresponding Dalmine received an additional benefit dominant user of exchange rate interest payments, despite any delay in under this program not reported in its guarantees under Law 796/76 and, thus, receipt by Dalmine. This is because questionnaire responses. We have that benefits received by Dalmine under Dalmine’s entitlement to the interest included this additional benefit in our this law are being provided to a specific contributions was automatic when it calculation of the benefits received by enterprise or industry or group of made the interest payments. Thus, we Dalmine under this program. enterprises or industries. (See section find, for purposes of benefit calculation, To calculate the benefit during the 355.43(b)(2)(iii) of the Proposed that the interest contributions were POI, we used our standard grant Regulations). Therefore, we determine received at the time the interest methodology (see section 355.49(b) of that the exchange rate guarantees payments were made. See Steel Wire the Proposed Regulations). We then offered under the program are Nails from New Zealand, 52 FR 37196 divided the benefits attributable to countervailable to the extent they are (1987). Dalmine under Law 193/84 in the POI provided on terms inconsistent with Under the mortgage loan program, the by Dalmine’s total sales. On this basis, commercial considerations. GOI provides long-term loans at we determine the estimated net subsidy Dalmine provided information that it subsidized interest rates. Dalmine to be 0.81 percent ad valorem for all could have purchased an exchange rate received financing under this program manufacturers, producers, and exporters guarantee from commercial sources. which was outstanding in the POI. in Italy of the subject merchandise. However, Dalmine’s information To determine whether these programs pertained to 1993, not to the period conferred a benefit, we compared the C. Exchange Rate Guarantee Program when the government guarantees were effective interest rate paid by Dalmine to This program, which was enacted by provided. The GOI’s response indicates the benchmark interest rate, discussed Law 796/76, provides exchange rate that commercial exchange rate above. Based on this comparison, we guarantees on foreign currency loans guarantees were not available in 1986, determine that the financing provided from the European Coal and Steel the year in which the loans and the under these programs is inconsistent Community (‘‘ECSC’’) and The Council guarantees were received. Therefore, we with commercial considerations, i.e., on of European Resettlement Fund determine the benefit to be the total terms more favorable than the (‘‘CER’’). Under the program, repayment amount of payments to Dalmine made benchmark financing. amounts are calculated by reference to during the POI by the GOI. (Because the To calculate the benefit from these the exchange rate in effect at the time amount the government will pay in any programs, we used our standard long- the loan is agreed upon. The program given year will not be known until that term loan methodology as described in sets a ceiling and a floor on repayment year, benefits can only be calculated on section 355.49(c)(1) of the Proposed to limit the effect on the borrower of a year-by-year basis.) We divided the Regulations. We then divided the exchange rate changes over time. For GOI’s payments in 1993 by Dalmine’s Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31997 1993 total sales. On this basis, we we preliminarily determined that the limited to a specific enterprise or determine the estimated net subsidy equity infusion is not countervailable industry, or group of enterprises or from this program to be 0.20 percent ad because the market-determined price for industries, and therefore, is not valorem for all manufacturers, equity purchased from Dalmine is not countervailable. less than the price paid by ILVA for the producers, and exporters in Italy of the C. ECSC Article 54 Loans subject merchandise. same form of equity. We did not learn anything at verification that would lead Under Article 54 of the 1951 ECSC II. Programs Determined To Be Not us to reconsider our preliminary Treaty, the European Commission Countervailable determination. Therefore, we continue provides loans directly to iron and steel A. 1988/89 Equity Infusion to find that the equity infusion is not companies for modernization and the countervailable. purchase of new equipment. The loans In November 1989, Dalmine finance up to 50 percent of an completed an equity rights offering B. European Social Fund (‘‘ESF’’) Grants investment project. The remaining which allowed existing shareholders to The ESF was established by the 1957 financing needs must be met from other purchase 7 new shares for every 10 European Economic Community Treaty sources. The Article 54 loan program is shares they already owned. The new to increase employment and help raise financed by loans taken by the shares were offered at a price of LIT 300 worker living standards. Commission, which are then re-lent to per share. At that time, ILVA owned As described in Grain-Oriented iron and steel companies in the member 81.7 percent of Dalmine’s equity, with Electrical Steel, the ESF receives its states at a slightly higher interest rate the remaining 18.3 percent owned by funds from the EC’s general budget of than that at which the Commission private investors. Pursuant to the rights which the main revenue sources are obtained them. offering, ILVA subscribed to its full customs duties, agricultural levies, Consistent with the Department’s allotment of the new shares issued. The value-added taxes collected by the finding in Grain-Oriented Electrical remainder of the new shares were member states, and other member state Steel, we determine that this program is purchased by private shareholders. All contributions. limited to the iron and steel industry. shares were purchased at LIT 300 per The member states are responsible for As a result, loans under this program are share. selecting the projects to be funded by specific. Petitioner argues that, although the EC. The EC then disburses the grants Of the Article 54 loans Dalmine had Dalmine’s shares were nominally to the member states which manage the outstanding during the POI, some were publicly traded, the vast majority of funds and implement the projects. denominated in U.S. dollars and others Dalmine shares were indirectly owned According to the EC, ESF grants are were in Dutch guilders (‘‘NLG’’). To by the GOI and, therefore, shares were available to (1) people over 25 who have determine whether the loans were not purchased in adequate volume by been unemployed for more than 12 provided on terms inconsistent with private investors to establish a valid months; (2) people under 25 who have commercial considerations, we used the benchmark. Specifically, petitioner reached the minimum school-leaving benchmark interest rates for the contends that, in 1991, ILVA owned age and who are seeking a job; and (3) currencies in which the loans were 99.9 percent of Dalmine and, therefore, certain workers in rural areas and denominated. That is, for the U.S. dollar Dalmine’s shares were in fact not regions characterized by industrial loans we used the average interest rate publicly traded. Consequently, because decline or lagging development. on long-term fixed-rate U.S. dollar loans essentially no private purchases were The GOI has stated that the ESF grants obtained in the United States, as being made, the market price at the time received by Italy have been used for reported by the Federal Reserve. For the of the equity infusion cannot serve as a vocational training. Certain regions in NLG denominated loan, we used the valid benchmark. Furthermore, the South are also eligible for private average long-term bond rate for private petitioner asserts that it is highly likely sector re-entry and retraining schemes. borrowers in the Netherlands, as that the remaining shares not purchased Since 1990, the vocational training reported by the Organization for by ILVA were purchased indirectly by grants have been available to Economic Cooperation and the GOI through other holding unemployed youths and long-term Development (‘‘OECD’’). companies. unemployed adults all over Italy, Because the interest rates paid on In response to our questionnaire, according to the GOI. Before 1990, Dalmine’s Article 54 loans are higher Dalmine provided a list of all however, the GOI gave preference to than the benchmark interest rates, the purchasers of shares in the 1989 certain regions in Italy. Department determines that loans offering. There was no evidence to In Grain-Oriented Electrical Steel, we provided under this program are not indicate that the shares not purchased determined that this program was not inconsistent with commercial by ILVA were purchased by other regionally specific and not otherwise considerations and, therefore, not government controlled or owned limited to a specific enterprise or countervailable. entities, as petitioner suggests. industry, or group of enterprises or Moreover, the extent of ILVA’s industries. Furthermore, we noted that D. 1989 Provisional Payment in ownership in 1991 is not relevant to the to the extent there is a regional Connection With 1989 Equity Infusion choice of a benchmark for the equity preference (i.e., southern Italy) in the In March 1989, ILVA made a payment investment in 1989. distribution of ESF benefits, it has not to Dalmine in anticipation of purchasing Therefore, in our preliminarily resulted in a countervailable benefit to new shares in Dalmine. The payment determination, we determined that, the production of the subject was provisional in nature because EC because 18.3 percent of the equity merchandise, which is produced in authorization of the capital increase was infusion was purchased by private northern Italy. necessary and, if authorization was not shareholders, the sale of these shares Information provided by the GOI in granted, the money would have been provides the market-determined price this investigation is consistent with the repaid to ILVA. The capital increase was for Dalmine’s equity. Furthermore, in information provided in Grain-Oriented not finalized until November 1989, due accordance with section 355.44 (e)(1) of Electrical Steel. Therefore, we to delays in EC approval. At that time, the Department’s Proposed Regulations, determine that this program is not the payment became equity capital. 31998 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices Consistent with the Department’s discontinue the suspension of No. 95–00004, which was printed in the position in Grain-Oriented Electrical liquidation on the subject merchandise Federal Register on June 7, 1995, page Steel, we determine that the funds entered on or after March 28, 1995, but 30064, No. 109, Vol 60, the - Date provided by ILVA to Dalmine are to continue the suspension of Deemed Submitted was incorrectly countervailable. liquidation of all entries, or withdrawals listed as April 30, 1995. In fact, During the period March-November from warehouse, for consumption of the Application No. 95–00004 was deemed 1989, Dalmine had use of the money subject merchandise between November submitted on May 30, 1995, not April and paid no interest on it. Therefore, we 28, 1994, and March 27, 1995. We will 30.’’ have treated the funds provided by reinstate suspension of liquidation Dated: June 30, 1995. ILVA to Dalmine as an interest-free under section 703(d) of the Act, if the W. Dawn Busby, short-term loan from March 1989 to ITC issues a final affirmative injury November 1989. Director, Office of Export Trading Company determination, and will require a cash Affairs. Because any benefit from this interest- deposit of estimated countervailing [FR Doc. 95–14892 Filed 6–16–95; 8:45 am] free loan would be allocable entirely to duties for such entries of merchandise 1989, no benefit is attributable to the in the amounts indicated below. BILLING CODE 3510±25±P POI. Seamless Pipe III. Programs Determined To Be Not U.S. Automotive Parts Advisory Country-Wide Ad Valorem Rate 1.47 Used Committee; Closed Meeting percent. We established at verification that the ITC Notification AGENCY: International Trade following programs were not used Administration, Commerce. during the POI. In accordance with section 705(c) of ACTION: Closed meeting of U.S. 1. Preferential IMI Export Financing the Act, we have notified the ITC of our Automotive Parts Advisory Committee. Under Law 227/77 determination. The ITC will make its 2. Preferential Insurance Under Law determination whether these imports SUMMARY: The U.S. Automotive Parts 227/77 materially injure, or threaten injury to, Advisory Committee (the ‘‘Committee’’) 3. Retraining Grants under Law 181/89 a U.S. industry within 45 days of the advises U.S. Government officials on 4. Benefits under ECSC Article 56 publication of this notice. If the ITC matters relating to the implementation Verification determines that material injury or threat of the Fair Trade in Auto Parts Act of of material injury does not exist, the 1988. The Committee: (1) Reports In accordance with section 776(b) of proceeding will be terminated and all annually to the Secretary of Commerce the Act, we verified the information securities posted as a result of the on barriers to sales of U.S.-made auto used in making our final determination. suspension of liquidation will be parts and accessories in Japanese We followed standard verification refunded or cancelled. However, if the markets; (2) assists the Secretary in procedures, including meeting with ITC determines that material injury or reporting to the Congress on the government and company officials, threat of material injury does exist, the progress of sales of U.S.-made auto parts examination of relevant accounting Department will issue a countervailing in Japanese markets, including the records and examination of original duty order. formation of long-term supplier source documents. Our verification relationships; (3) reviews and considers results are outlined in detail in the Return of Destruction of Proprietary Information data collected on sales of U.S.-made public versions of the verification auto parts to Japanese markets; (4) reports, which are on file in the Central This notice serves as the only advises the Secretary during Records Unit (Room B–099 of the Main reminder to parties subject to consultations with the Government of Commerce Building). Administrative Protective Order (APO) Japan on these issues; and (5) assists in Suspension of Liquidation of their responsibility concerning the establishing priorities for the return or destruction of proprietary Department’s initiatives to increase In accordance with our affirmative information disclosed under APO in U.S.-made auto parts sales to Japanese preliminary determination, we accordance with 19 CFR 355.34(d). markets, and otherwise provide instructed the U.S. Customs Service to Failure to comply is a violation of the assistance and direction to the Secretary suspend liquidation of all entries of APO. in carrying out these initiatives. At the seamless pipe from Italy, which were This determination is published meeting, committee members will entered or withdrawn from warehouse pursuant to section 705(d) of the Act receive briefings on the status of for consumption, on or after November and 19 CFR 355.20(a)(4). ongoing consultations with the 28, 1994, the date our preliminary Government of Japan and will discuss determination was published in the Dated June 12, 1995. specific trade and sales expansion Federal Register. This final Susan G. Esserman, programs related to U.S.-Japan countervailing duty determination was Assistant Secretary for Import automotive parts policy. aligned with the final antidumping duty Administration. determination of seamless pipe from [FR Doc. 95–14934 Filed 6–16–95; 8:45 am] DATE AND LOCATION: The meeting will be Italy, pursuant to section 606 of the BILLING CODE 3510±DS±P held on June 27, 1995 from 10:00 a.m. Trade and Tariff Act of 1984 (section to 3:00 p.m. at the U.S. Department of 705(a)(1) of the Act). Commerce in Washington, D.C. Under article 5, paragraph 3 of the Export Trade Certificate of Review FOR FURTHER INFORMATION CONTACT: Dr. Robert Reck, Office of Automotive GATT subsidies Code, provisional ACTION: Correction for Notice of Affairs, Trade Development, Room measures cannot be imposed for more Application. than 120 days without a final 4036, Washington, D.C. 20230, affirmative determination of ‘‘In the Notice of Application for a telephone: (202) 482–1418. subsidization and injury. Therefore, we Certificate of Review for United SUPPLEMENTARY INFORMATION: The instructed the U.S. Customs Service to Products of America, Inc., Application Assistant Secretary for Administration, Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 31999 with the concurrence of the General critical habitat locations along the New Andre´ Landry of Texas A&M University Counsel formally determined on July 5, England coast. (P512) to allow netting of sea turtles in 1994, pursuant to Section 10(d) of the Dated: June 12, 1995. up to 12 ft (3.7 m) of water in the Gulf Federal Advisory Act, as amended, that William W. Fox, Jr., of Mexico. the series of meetings or portions of Issuance of this permit and Director, Office of Protected Resources, modification, as required by the ESA, meetings of the Committee and of any National Marine Fisheries Service. subcommittee thereof, dealing with was based on a finding that such permit [FR Doc. 95–14831 Filed 6–16–95; 8:45 am] privileged or confidential commercial and modification: (1) Were applied for information may be exempt from the BILLING CODE 3510±22±F in good faith; (2) will not operate to the provisions of the Act relating to open disadvantage of the listed species which meeting and public participation therein [I.D. 060995A] are the subject of this permit and because these items are concerned with modification; (3) are consistent with the matters that are within the purview of Endangered Species; Permits purposes and policies set forth in section 2 of the ESA. This permit and 5 U.S.C. 552b (c)(4) and (9)(B). A copy AGENCY: National Marine Fisheries modification were also issued in of the Notice of Determination is Service (NMFS), National Oceanic and accordance with and are subject to 50 available for public inspection and Atmospheric Administration (NOAA), CFR parts 217–222, NMFS regulations copying in the Department of Commerce Commerce. Records Inspection Facility, Room 6020, governing listed species permits. ACTION: Issuance of permit 962 and Main Commerce. modification 3 to permit 802. Dated: June 12, 1995. Dated: June 13, 1995. Russell J. Bellmer, Henry P. Misisco, SUMMARY: Notice is hereby given that Chief, Endangered Species Division, Office Director, Office of Automotive Affairs. NMFS issued Permit 962 to Carlos Diez of Protected Resources, National Marine and Robert van Dam (P509B), and [FR Doc. 95–14893 Filed 6–16–95; 8:45 am] Fisheries Service. Modification 3 of Permit 802 to Dr. [FR Doc. 95–14830 Filed 6–16–95; 8:45 am] BILLING CODE 3510±DR±P Andre´ Landry (P512), to take listed sea BILLING CODE 3510±22±F turtles for the purpose of scientific National Oceanic and Atmospheric research, subject to certain conditions Administration set forth therein. DEPARTMENT OF EDUCATION ADDRESSES: The applications, permits, [I.D. 060895B] and related documents are available for [CFDA No.: 84.316] review by appointment in the following New England Recovery Plan Native Hawaiian Higher Education offices: Program Implementation Team Meeting Office of Protected Resources, F/PR8, AGENCY: National Marine Fisheries NMFS, 1315 East-West Hwy., Room Notice inviting applications for new Service (NMFS), National Oceanic and 13307, Silver Spring, MD 20910–3226 awards for fiscal year (FY) 1995. Atmospheric Administration (NOAA), (301–713–1401); and Purpose of Program: To provide direct Commerce. Director, Southeast Region, NMFS, grants for a program of baccalaureate NOAA 9721 Executive Center Drive, St. and postbaccalaureate fellowship ACTION: Public meeting. Petersburg, FL 33702–2432 (813–893– assistance to Native Hawaiian students. SUMMARY: The New England Recovery 3141). Program activities may include—(a) full Plan Implementation Team (Team) for SUPPLEMENTARY INFORMATION: Notice or partial fellowship support for Native the Northern Right Whale and was published on April 14, 1995 (60 FR Hawaiian students enrolled at two-or Humpback Whale Recovery Plans will 19025) that an application had been four-year degree granting institutions of hold a 1-day public meeting to consider filed by Carlos Diez of the University of higher education with awards to be whale recovery plan implementation Central Florida and Robert van Dam of based on academic potential and actions, particularly for the northern Scripps Institute of Oceanography financial need; and (b) full or partial right whale. (P509B), to take listed hawksbill sea fellowship support for Native Hawaiian DATES: The meeting will begin on turtles (Eretmochelys imbricata) and students enrolled at postbaccalaureate Thursday, July 13, 1995, at 9:15 a.m. listed green sea turtles (Chelonia mydas) degree granting institutions of higher for habitat and population studies as education with priority given to ADDRESSES: The Team meeting will be authorized by the Endangered Species providing fellowship support for held at the Stellwagen Bank National Act of 1973 (ESA) (16 U.S.C. 1531– professions in which Native Hawaiians Marine Sanctuary Office, 14 Union 1543) and NMFS regulations governing are underrepresented and with Street, Plymouth, MA 02360; telephone listed fish and wildlife permits (50 CFR fellowship awards to be based on (508) 747–1691. parts 217–222). The applicants propose academic potential and financial need; FOR FURTHER INFORMATION CONTACT: to capture by hand 200 listed hawksbill (c) counseling and support services for Douglas Beach, (508) 281–9254. and 20 listed green sea turtles in the students receiving fellowship assistance SUPPLEMENTARY INFORMATION: The Team waters off of Mona and Monito islands, under this program; (d) college is made up primarily of representatives Puerto Rico (18°05′ N, 67°54′ W), to be preparation and guidance counseling at from state and Federal agencies from examined, photographed, measured, secondary school level for students who New England that are identified in each tagged, and released. Some of these may be eligible for fellowship support of the recovery plans as having a role in turtles may be lavaged, have blood under this program; (e) appropriate recovery of these two species. The July samples taken, or have time depth research and evaluation of the activities 13, 1995, Team meeting will focus recorders attached. On May 31, 1995, as authorized under this program; and (f) primarily on the northern right whale authorized by the ESA, NMFS issued implementation of faculty development and include a discussion on vessel Permit 962 for the above research. programs for the improvement and interaction and gear conflicts with On June 9, 1995, NMFS issued matriculation of Native Hawaiian whales, whale watching issues and Modification 3 to Permit 802 to Dr. students. 32000 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices This program supports the National Quality of Key Personnel (34 CFR funding expected to be available for the Education Goals that every adult 75.210(b)(4)). Three points are added to Fiscal Year 1996 (FY96) program cycle American will be literate and will this criterion for a possible total of 10 is $700,000. Multiple awards are possess the knowledge and skills points. anticipated. necessary to compete in a global Adequacy of Resources (34 CFR FOR FURTHER INFORMATION CONTACT: economy and exercise the rights and 75.210(b)(7)). Two points are added to James H. Solomon, Contracting Officer, responsibilities of citizenship; and that this criterion for a possible total of 5 DOE Oakland Operations Office, 1301 the Nation’s teaching force will have points. Clay Street, Room 700N, Oakland, CA access to programs for the continued FOR APPLICATIONS OR INFORMATION 94612–5208, (510) 637–1865. improvement of their professional skills CONTACT: Karen W. Johnson, U.S. SUPPLEMENTARY INFORMATION: Interested and the opportunity to acquire the Department of Education, 600 parties can obtain a 31⁄2’’ computer knowledge and skills needed to instruct Independence Avenue, S.W., (Portals, floppy disk of the solicitation document and prepare all American students for Suite C–80) Washington, D.C. 20202– by submitting a written request; specify the next century. 5329. The Department encourages you WordPerfect 5.0 for DOS Microsoft SUPPLEMENTARY INFORMATION: This to FAX requests for this application to Word 5.0 for Macintosh. The solicitation program is authorized by section 9206 (202) 260–7615. Individuals who use a document contains all the information of the Elementary and Secondary telecommunications device for the deaf relative to this action for prospective Education Act of 1965 (ESEA), as (TDD) may call the Federal Information applicants. The solicitation is targeted amended by section 101 of the Relay Service (FIRS) at 1–800–877–8339 for release in June 1995. Improving America’s Schools Act of between 8 a.m. and 8 p.m., Eastern time, The actual work to be accomplished 1994, Pub. L. 103–382, enacted October Monday through Friday. will be determined by the experiments 20, 1994, to be codified at 20 U.S.C. Information about the Department’s and diagnostic techniques that are 7906. funding opportunities, including copies selected for award. Proposed Eligible Applicants: Native Hawaiian of application notices for discretionary experiments and diagnostic techniques private nonprofit educational grant competitions, can be viewed on will be evaluated through scientific peer organizations or educational entities the Department’s electronic bulletin review against predetermined, with experience in developing or board (ED Board), telephone (202) 260– published and available criteria. Final operating Native Hawaiian programs or 9950; or on the Internet Gopher Server selection will be made by the DOE. It is programs of instruction conducted in at GOPHER.ED.GOV (under anticipated that multiple grant will be the Native Hawaiian language are Announcements, Bulletins, and Press awarded within available funding. The eligible, as defined in section 9212 of Releases). However, the official Unique resources of the NLUF are the ESEA. application notice for a discretionary available to scientists for state-of-the-art Deadline for Transmittal of grant competition is the notice experiments primarily in the area of Applications: July 28, 1995. published in the Federal Register. interial confinement fusion (ICF) and Deadline for Intergovernmental Program Authority: 20 U.S.C. 7905 SEC. related plasma physics. Other areas Review: August 14,1995. 9206. such as spectroscopy of highly ionized Applications Available: June 19, 1995. Dated: June 5, 1995. atoms, laboratory astrophysics, Available Funds: From $1,000,000 to fundamental physics, materials science, David A. Longanecker, $1,400,000. and biology and chemistry will be Estimated Range of Awards: Up to Assistant Secretary for Postsecondary considered on a secondary basis. Education. $1,400,000. The LLE was established in 1970 to Estimated Average Size of Awards: [FR Doc. 95–14917 Filed 6–16–95; 8:45 am] investigate the interaction of high power $467,000. BILLING CODE 4000±01±P lasers with matter. Available at the LLE Estimated Number of Awards: 2–4. for NLUF researchers is the upgraded Note: The Department is not bound by any OMEGA LASER, a 30 kJ UV 60 beam estimates in this notice. DEPARTMENT OF ENERGY laser system (at 0.35 um) suitable for direct-drive ICF implosions, and the Project Period: Up to 60 months. Financial Assistance Award (Grant) Applicable Regulations: This program Glass Development Laser (GDL), a 1 is governed by sections 9206 and 9212 AGENCY: U.S. Department of Energy trillion watt, single beam prototype for of the ESEA and the Education (DOE). the OMEGA (at 0.35um). The systems Department General Administrative ACTION: Grant solicitation awards for are suitable for a variety of experiments Regulations (EDGAR) in 34 CFR Parts laser fusion research applications. including laser-plasma interactions and 74, 75, 77, 79, 80, 81, 82, 85, and 86. atomic spectroscopy. The NLUF Selection Criteria: In evaluating SUMMARY: Pursuant to 10 CFR 600.15, program for FY96 is to concentrate on applications for grants under this the U.S. DOE announces that it plans to experiments that can be done with the program, the Secretary uses the conduct a technically competitive OMEGA laser at the University of selection criteria in EDGAR, 34 CFR solicitation for basic research Rochester and development of 75.210. experiments in high energy density and diagnostic techniques suitable for the These regulations provide that the laser matter interaction studies at the OMEGA system. Measurements of the Secretary may award up to 100 points National Laser Users’ Facility (NLUF) laser coupling, laser-plasma for the selection criteria, including a located at the University of Rochester interactions, core temperature, and core reserved 15 points. For this competition, Laboratory for Laser Energetics (UR/ density are needed to determine the the Secretary distributes the 15 points as LLE). Grant Solicitation No. DE–PS03– characteristics of the target implosions. follows: 96SF20761. Universities or other higher Diagnostic techniques could include Plan of Operation (34 CFR education institutions, private sector either new instrumentation, 75.210(b)(3)). Ten points are added to not-for-profit organizations, or other development of analysis tools, or this criterion for a possible total of 25 entities are invited to submit grant development of targets that are points. applications. The total amount of applicable for 30 kJ implosions. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32001 Additional information about the contractor, will conduct the training. commenced generating electric power facilities and potential collaboration at There is no fee for the course, but you during May 1994. the NLUF can be obtained from: Dr. must pre-register. Comment date: July 3, 1995, in James Knauer, Manager, National Laser Additional outreach training may be accordance with Standard Paragraph E User’s Facility, University of Rochester/ offered later this year and in 1996 based at the end of this notice. The LLE, 250 East River Road, Rochester, NY on the level of interest. If you would Commission will limit its consideration 14623. like to attend the September 14, 1995 of comments to those that concern the Issued in Oakland, CA May 23, 1995. session, or indicate your preference for adequacy or accuracy of the application. Joan Macrusky, other courses and locations, please call the telephone number listed below to 2. Midwest Power Systems Inc. Chief, Financial Assistance Branch, Program 1 [Docket No. EL95–51–000] Acquisition and Assistance Division. obtain a pre-registration form. Because space is limited, please mail or fax the [FR Doc. 95–14914 Filed 6–16–95; 8:45 am] Take notice that on June 1, 1995, registration form within 15 days of BILLING CODE 6450±1±M Midwest Power, a division of Midwest publication of this notice to: Ms. Donna Power Systems Inc. (Midwest Power), Connor, Foster Wheeler Environmental filed a Petition for Declaratory Order Federal Energy Regulatory Corporation, 470 Atlantic Avenue, pursuant to Rule 207(a)(2) of the Commission Boston, MA 02210, Telephone: (617) Commission’s Rules of Practice and 542–8805, FAX: (617) 695–1587. Procedure. Midwest requests the Cultural Resources Industry Outreach You will receive confirmation of pre- Commission to rule on the Training Course registration and additional information constitutionality of Iowa Code before the Commission’s training §§ 476.41-.45. June 13, 1995. course. Comment date: July 13, 1995, in The Office of Pipeline Regulation Lois D. Cashell, accordance with Standard Paragraph E (OPR) staff will convene another session Secretary. at the end of this notice. of its cultural resources compliance [FR Doc. 95–14860 Filed 6–16–95; 8:45 am] training course on September 14, 1995. 3. Texican Energy Ventures, Inc. BILLING CODE 6717±01±M We are holding this course so that [Docket No. ER94–1362–001] additional members of the regulated Take notice that on June 1, 1995, pipeline industry and interested [Docket No. EG95±56±000, et al.] individuals and organizations can gain Texican Energy Ventures, Inc. (Texican) an understanding of: North America Energy Services filed certain information as required by • how the Commission gives the Company, et al. Electric Rate and the Commission’s July 25, 1994, order in industry and the public an opportunity Corporate Regulation Filings Docket No. ER94–1362–000. Copies of to assist the Commission in meeting its Texican’s informational filing are on file responsibilities under the National June 12, 1995. with the Commission and are available Historic Preservation Act (NHPA) and Take notice that the following filings for public inspection. have been made with the Commission: other historic preservation laws and 4. CLP Hartford Sales, L.L.C regulations; and 1. North American Energy Services • what cultural resources information [Docket No. ER95–393–002] the industry needs to file with the [Docket No. EG95–56–000] Take notice that on May 24, 1995, Commission before and after the On June 7, 1995, North American CLP Hartford Sales, L.L.C. (CLP Commission issues a certificate. Energy Services Company, a Hartford) filed certain information as We encourage interested Washington corporation (‘‘Applicant’’), required by the Commission’s February organizations and the public to take with its principal executive office at 22, 1995, order in Docket No. ER95– advantage of this course. Issaquah, Washington, filed with the 393–002. Copies of CLP Hartford’s The course will include the following Federal Energy Regulatory Commission informational filing are on file with the topics: an application for determination of Commission and are available for public • Objectives and requirements of the exempt wholesale generator status inspection. Commission regarding compliance with pursuant to Part 365 of the § 106 of the NHPA and related historic Commission’s regulations (the 5. Potomac Electric Power Company preservation laws; ‘‘Application’’). [Docket No. ER95–543–000] • Guidance for reporting on cultural Applicant has entered into an Take notice that on May 3, 1995, resources investigations; operation and maintenance subcontract • Definition of cultural resources Potomac Electric Power Company with Cortes Operating Company, S.A. de submitted a further revised explanation terms used by the Commission in the C.V., a company organized under the compliance process; and of Pepco’s treatment of the cost of • laws of Honduras, to operate and emission allowances in its coordination Efficient strategies for planning and maintain an 80-megawatt fuel oil-fired, conducting cultural resources rates in compliance with Order No. 579. electric generating plant located near Comment date: June 26, 1995, in investigations. Puerto Cortes, Honduras (the ‘‘Project’’). The one-day training course will be accordance with Standard Paragraph E Project facilities also include a heavy at the end of this notice. held at the Embassy Suites Denver fuel line, fuel storage tanks and a 138- Southeast, 7525 East Hampden Avenue, kV transmission line that is owned by 6. Vermont Electric Power Company, Denver, Colorado 80231. For hotel Empresa Nacional De Energia Electrica, Inc. reservations, call (303) 696–6644 by a Honduran utility. The Project August 31, 1995 and identify yourself as [Docket No. ER95–741–000] a cultural resources seminar attendee. Take notice that Vermont Electric 1 The registration form referenced in this notice The OPR staff and Foster Wheeler is not being printed in the Federal Register. Copies Power Company, Inc. on June 8, 1995, Environmental Corporation, the of the form were sent to those receiving this notice tendered for filing an amendment in the Commission’s environmental support in the mail. above-referenced docket. 32002 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices Comment date: June 26, 1995, in 11. Carolina Power & Light Company 14. The Washington Water Power accordance with Standard Paragraph E [Docket No. ER95–1139–000] Company at the end of this notice. Take notice that on May 31, 1995, [Docket No. ER95–1142–000] 7. Boston Edison Company Carolina Power & Light Company, Take notice that on May 31, 1995, The [Docket Nos. ER95–773–000, ER95–774–000 tendered for filing an application for Washington Water Power Company and ER95–775–000] approval of the rate of return on equity (WWP), tendered for filing with the Federal Energy Regulatory Commission Take notice that on June 7, 1995 to be effective under the Power pursuant to 18 CFR 35.13, a Notice of Boston Edison Company tendered for Coordination Agreement between Cancellation concerning Rate Schedule filing a corrected version of Revised Carolina Power & Light Company and FERC No. 185. Effective July 31, 1995 Original Page No. of Schedule II of North Carolina Electric Membership the capacity and energy sales agreement FERC Electric Tariff, Original Volume Corporation. between WWP and the Public Utility No. 6, Power Sales and Exchange Tariff. Comment date: June 26, 1995, in District No. 1 of Pen Oreille County Comment date: June 26, 1995, in accordance with Standard Paragraph E (Pend Oreille) is canceled. accordance with Standard Paragraph E at the end of this notice. Comment date: June 26, 1995, in at the end of this notice. 12. Northern Indiana Public Service accordance with Standard Paragraph E 8. Northern Indiana Public Service Company at the end of this notice. Commpany [Docket No. ER95–1140–000] 15. Western Resources, Inc. [Docket No. ER95–842–000] Take notice that on May 31, 1995, [Docket No. ER95–1150–000] Take notice that on May 24, 1995 Northern Indiana Public Service Company, tendered for filing an Take notice that on June 1, 1995, Northern Indiana Public Service Western Resources, Inc. (Western Company (Northern) tendered for filing Interchange Agreement between Northern Indiana Public Service Resources), tendered for filing a change an Addendum to the Interchange in Service Agreement No. 2 under its Agreement Between Northern Indiana Company and Stand Energy Corporation. FERC Electric Tariff, Original Volume Public Service Company and Rainbow No. 1. Western Resources states that the Energy Marketing Corporation. The Interchange Agreement allows for General Purpose transactions and change is to amend Exhibit A to the The Addendum specifies the Transmission Service Agreement treatment of emissions allowance costs Negotiated Capacity transactions. General Purpose transactions are between Western Resources and the City included as out-of-pocket costs for sales of Fredonia, Kansas to reflect increase by Northern. economy based energy transactions which may be made available from the contract capacity. Copies of this filing have been sent to Copies of this filing were served upon supplying party’s resources from time to Rainbow Energy Marketing Corporation the City of Fredonia and the Kansas time. Negotiated Capacity transactions and the Indiana Utility Regulatory Corporation Commission. Commission. provide capacity and energy to the Comment date: June 26, 1995, in Comment date: June 26, 1995, in buyer, customized to the specific needs accordance with Standard Paragraph E accordance with Standard Paragraph E at the time of the reservation. at the end of this notice. at the end of this notice. Copies of this filing have been sent to Stand Energy Corporation and to the 16. Central Illinois Public Service 9. CNB/Olympic Gas Services Indiana Utility Regulatory Commission. Company [Docket No. ER95–964–000] Comment date: June 26, 1995, in [Docket No. ER95–1151–000] Take notice that on June 2, 1995, accordance with Standard Paragraph E Take notice that on June 1, 1995, CNB/Olympic Gas Services tendered for at the end of this notice. Central Illinois Public Service Company filing additional information to its April 13. Central Power and Light Company (CIPS), submitted service agreements 27, 1995 filing in the above-referenced establishing ten new customers under docket. [Docket No. ER95–1141–000] CIPS’ Rate Schedule for Sales of Next Comment date: June 23, 1995, in Take notice that on May 31, 1995, Hour Interruptible Energy, Next-Hour accordance with Standard Paragraph E Central Power and Light Company Non-Interruptible Energy and Next Hour at the end of this notice. (CPL), submitted for filing an Firm Wheeling Service (Rate Schedule unexecuted Transmission Service 10. Florida Power & Light Company HSW). Agreement, dated May 31, 1995, CIPS requests an effective date of May [Docket No. ER95–1120–000] between CPL and Rio Grande Electric 15, 1995 for the ten service agreements, Take notice that on May 30, 1995, Cooperative, Inc. (Rio Grande). Under and, accordingly, seeks waiver of the Florida Power & Light Company (FPL) the TSA, CPL will provide wheeling Commission’s notice requirements. tendered for filing proposed Service service to Rio Grande which will permit Copies of this filing were served upon Agreements with the City of St. Cloud Rio Grande to substitute West Texas the ten customers and the Illinois for transmission service under FPL’s Utilities Company as the full- Commerce Commission. Transmission Tariff Nos. 2 and 3. requirements supplier for Rio Grande Comment date: June 26, 1995, in FPL requests that the proposed load currently served by CPL. accordance with Standard Paragraph E Service Agreements be permitted to CPL requests an effective date of June at the end of this notice. become effective on June 1, 1995, or as 1, 1995 and, accordingly, seeks waiver 17. Florida Power Corporation soon thereafter as practicable. of the Commission’s notice FPL states that this filing is in requirements. Copies of this filing were [Docket No. ER95–1152–000] accordance with Section 35 of the served upon Rio Grande and the Public Take notice that on June 1, 1995, Commission’s regulations. Utility Commission of Texas. Florida Power Corporation, tendered for Comment date: June 26, 1995, in Comment date: June 26, 1995, in filing an amendment to its interchange accordance with Standard Paragraph E accordance with Standard Paragraph E contract with Alabama Electric at the end of this notice. at the end of this notice. Cooperative, Inc., pursuant to which the Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32003 parties have agreed to the interchange of 10. Columbia Gas Transmission Columbia Gulf states that copies of its Backup Interchange Service and Corporation filing have been mailed to all firm Opportunity Sales Interchange Service. Docket No. CP95–527–000. customers and affected state regulatory Florida Power requests that the commissions. Comment date: June 22, 1995, in amendment become effective on August Any person desiring to be heard or to accordance with Standard Paragraph F 1, 1995. protest said filing should file a motion Comment date: June 26, 1995, in at the end of this notice. to intervene or protest with the Federal accordance with Standard Paragraph E Lois D. Cashell, Energy Regulatory Commission, 825 at the end of this notice. Secretary. North Capitol Street, N.E., Washington, [FR Doc. 95–14895 Filed 6–16–95; 8:45 am] D.C. 20426, in accordance with Rules 18. Kentucky Utilities Company BILLING CODE 6717±01±M 211 and 214 of the Commission’s Rules [Docket No. ER95–1153–000] of Practice and Procedure. All such motions or protests should be filed on Take notice that on June 1, 1995, [Docket No. RP95±182±000] Kentucky Utilities Company filed Letter or before June 20, 1995. Protests will be Agreements providing for power sales ANR Pipeline Company; Notice of considered by the Commission in between itself and Louis Dreyfus Technical Conference determining the appropriate action to be Electric Power Inc. and Electric taken, but will not serve to make Clearinghouse, Inc. KU requests waiver June 13, 1995. protestants parties to the proceedings. and an effective date of June 1, 1995. In the Commission’s order issued on Any person wishing to become a party Comment date: June 26, 1995, in March 31, 1995, in the above-captioned must file a motion to intervene. Copies accordance with Standard Paragraph E proceeding, the Commission held that of Columbia Gulf’s filings are on file at the end of this notice. the filing raises issues for which a with the Commission and are available technical conference is to be convened. for public inspection. Standard Paragraph The conference to address the issues Lois D. Cashell, E. Any person desiring to be heard or has been scheduled for Thursday, July Secretary. 27, 1995, at 10 a.m. in a room to be to protest said filing should file a [FR Doc. 95–14863 Filed 6–16–95; 8:45 am] motion to intervene or protest with the designated at the offices of the Federal Federal Energy Regulatory Commission, Energy Regulatory Commission, 810 BILLING CODE 6717±01±M 825 North Capitol Street, N.E., First Street, NE., Washington, DC 20426. Washington, D.C. 20426, in accordance All interested persons and Staff are [Docket No. RP95±338±000] with Rules 211 and 214 of the permitted to attend. Commission’s Rules of Practice and Lois D. Cashell, Columbia Gas Transmission Procedure (18 CFR 385.211 and 18 CFR Secretary. Corporation; Notice of Proposed Changes in FERC Gas Tariff 385.214). All such motions or protests [FR Doc. 95–14862 Filed 6–16–95; 8:45 am] should be filed on or before the BILLING CODE 6717±01±M June 13, 1995. comment date. Protests will be Take notice that on June 8, 1995, considered by the Commission in [Docket No. RP95±337±000] Columbia Gas Transmission Corporation determining the appropriate action to be (Columbia) tendered for filing to become taken, but will not serve to make Columbia Gulf Transmission part of its FERC Gas Tariff, Second protestants parties to the proceeding. Company; Notice of Proposed Revised Volume No. 1, the following Any person wishing to become a party Changes in FERC Gas Tariff tariff sheets in compliance with Order must file a motion to intervene. Copies No. 577–A, with a proposed effective of this filing are on file with the June 13, 1995. date of July 1, 1995. Commission and are available for public Take notice that on June 8, 1995, inspection. Second Revised Sheet No. 351 Columbia Gulf Transmission Company Second Revised Sheet No. 352 Lois D. Cashell, (Columbia Gulf) tendered for filing, to Second Revised Sheet No. 353 Secretary. become part of its FERC Gas Tariff, Second Revised Sheet No. 354 [FR Doc. 95–14858 Filed 6–16–95; 8:45 am] Second Revised Volume No. 1, the Second Revised Sheet No. 575 BILLING CODE 6717±01±P following tariff sheets, with a proposed Second Revised Sheet No. 585 effective date of July 1, 1995, in In Order No. 577–A, the Commission compliance with Order No. 577–A. [Docket No. CP95±502±000, et al.] modified its capacity release regulations Second Revised Sheet No. 191A to permit shippers to release firm Columbia Gas Transmission Corp., et Third Revised Sheet No. 192 capacity for a period of 31 days or less al.; Natural Gas Pipeline Filings; Third Revised Sheet No. 194 without having to comply with advance Correction Second Revised Sheet No. 388 posting and bidding requirements. Second Revised Sheet No. 395 Columbia states that the above- June 13, 1995. In Order No. 577–A, the Commission referenced tariff sheets are being filed to On June 8, 1995, the above-captioned modified its capacity release regulations revise the capacity release and notice was published in the Federal to permit shippers to release firm assignment provisions and forms in its Register (60 FR 30296). The comment capacity for a period of 31 days or less tariff to reflect the change mandated by date on the following two items at 60 FR without having to comply with advance Order No. 577–A. 30298 should have read as follows: posting and bidding requirements. Columbia states that copies of its 9. Williams Natural Gas Company Columbia Gulf states that the above- filing have been mailed to all firm referenced tariff sheets are being filed to customers and affected state of Docket No. CP95–525–000. revise the capacity release and regulatory commissions. Comment date: July 17, 1995, in assignment provisions and forms in its Any person desiring to be heard or to accordance with Standard Paragraph G tariff to reflect the change mandated by protest said filing should file a motion at the end of this notice. Order No. 577–A. to intervene or protest with the Federal 32004 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices Energy Regulatory Commission, 825 engineer, Special Cases Review Branch, design delivery capacity of maximum North Capitol Street, N.E., Washington, at (202) 208–2256. daily design system capacity. Texas D.C. 20426, in accordance with Rules Lois D. Cashell, Eastern estimates that the proposed 211 and 214 of the Commission’s Rules Secretary. facilities will cost $1,820,000, which of Practice and Procedure. All such [FR Doc. 95–14861 Filed 6–16–95; 8:45 am] will be financed, initially, with motions or protests should be filed on BILLING CODE 6717±01±M corporate funds on hand. Permanent or before June 20, 1995. Protests will be financing will be undertaken at a later considered by the Commission in date. [Docket No. CP95±557±000] determining the appropriate action to be Any person desiring to be heard or to taken, but will not serve to make make any protest with reference to said protestants parties to the proceedings. Texas Eastern Transmission Corp., Application application should on or before June 20, Any person wishing to become a party 1995, file with the Federal Energy must file a motion to intervene. Copies June 13, 1995. Regulatory Commission, Washington, of Columbia’s filings are on file with the Take notice that on June 12, 1995, DC 20426, a motion to intervene or a Commission and are available for public Texas Eastern Transmission Corporation protest in accordance with the inspection. (Texas Eastern), 5400 Westheimer Court, requirements of the Commission’s Rules Lois D. Cashell, Houston, Texas 77056–5310, filed an of Practice and Procedure (18 CFR Secretary. application in Docket No. CP95–557– 385.214 or 385.211) and the Regulations [FR Doc. 95–14864 Filed 6–16–95; 8:45 am] 000 pursuant to Sections 7(b) and under the Natural Gas Act (18 CFR BILLING CODE 6717±01±M Section 7(c) of the Natural Gas Act 157.10). All protests filed with the requesting permission and approval to Commission will be considered by it in abandon, by removal, certain corroded determining the appropriate action to be [Docket No. CP95±52±000] pipeline segments and for a certificate of taken but will not serve to make the public convenience and necessity protestants parties to the proceeding. Granite State Gas Transmission, Inc.; authorizing it to construct, install and Any person wishing to become a party Notice of Site Visit and Technical operate replacement facilities, all as to a proceeding or to participate as a Conferences more fully set forth in the application party in any hearing therein must file a on file with the Commission and open motion to intervene in accordance with June 13, 1995. to public inspection. the Commission’s Rules. On June 27, 1995, the staff will Texas Eastern requests authorization Take further notice that, pursuant to conduct a second visit to the proposed to replace and operate a total of 1.74 the authority contained in and subject to LNG site in the above docket. Those miles of 30-inch pipeline on its Line No. jurisdiction conferred upon the Federal planning to attend must provide their 16 in Refugio and Aransas Counties, Energy Regulatory Commission by own transportation. Texas. Texas Eastern also requests Sections 7 and 15 of the Natural Gas Act On June 28, 1995, the staff will permission and approval to abandon, by and the Commission’s Rules of Practice conduct two concurrent Technical removal, a total of 1.74 miles of existing and procedure, a hearing will be held Conferences in Wells, Maine on the 30-inch Line No. 16 pipeline. The without further notice before the LNG project proposed in the above pipeline will be replaced in three Commission or its designee on this docket. discrete sections: from Milepost (MP) application if no motion to intervene is The first Technical Conference will be 170.52 to M.P. 171.46, from M.P. 175.03 filed within the time required herein, if on the Seismic design of the LNG plant to M.P. 175.35, and from M.P. 179.34 to the Commission on its own review of and will be held in the Wells Town 179.82. the matter finds that a grant of the Hall/Annex at 9 a.m. Texas Eastern states that a routine in- certificate and permission and approval The second Technical Conference will line tool inspection of Line No. 16 for the proposed abandonment is be to examine the issues raised by performed in 1994 revealed areas of required by the public convenience and intervenors, protestants, and staff corrosion in the pipeline, necessitating necessity. If a motion for leave to including, but not limited to, the need replacement of the three identified intervene is timely filed, or if the for the LNG facility, system alternatives, segments. Texas Eastern states that the Commission on its own motion believes alternative sites, and engineering affected pipeline segments were that a formal hearing is required, further matters. The second Technical constructed in 1956 as authorized in notice of such hearing will be duly Conference will be held at Wells Town Docket No. G–9784 (16 FPC 27). Texas given. Hall at 9 a.m. An official transcript will Eastern notes that Line No. 16 is part of be kept. one of Texas Eastern’s principal Under the procedure herein provided For both Technical Conferences, the transmission lines from its access area for, unless otherwise advised, it will be discussion will initially be limited to to its market areas. It is asserted that if unnecessary for Texas Eastern to appear FERC staff and the members of the corroded pipeline were to be taken or be represented at the hearing. applicant’s staff who have expertise in out of service and not replaced, Texas Lois D. Cashell, the given topics. Other attendees will be Eastern would not be able to meet its Secretary. given the opportunity to ask questions certified service levels. [FR Doc. 95–14859 Filed 6–16–95; 8:45 am] on the above issues after the initial Texas Eastern maintains that BILLING CODE 6717±01±M discussion have concluded. proposed replacements are required to For further information on the site maintain the integrity, safety, and visit or the first Technical Conference reliability of its system. It is indicated Office of Hearings and Appeals call Robert Arvedlund, Chief, that the pipeline segments will be Proposed Implementation of Special Environmental Review and Compliance replaced with the same 30-inch Refund Procedures Branch I, at (202) 208–0091. For further diameter pipeline as the existing information the second Technical pipeline. Consequently, the project will AGENCY: Office of Hearings and Appeals, Conference, call Berne Mosley, staff have no impact on Texas Eastern’s Department of Energy. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32005 ACTION: Notice of proposed distributed in proportion to each state’s the Economic Regulatory implementation of special refund consumption of petroleum products Administration (ERA), Office of procedures. during the price control period. Refunds Enforcement Litigation), filed five to eligible purchasers will be based on Petitions for the Implementation of SUMMARY: The Office of Hearings and the volume of petroleum products that Special Refund Procedures with the Appeals (OHA) of the Department of they purchased and the extent to which Office of Hearings and Appeals (OHA) Energy announces the proposed they can demonstrate injury. on February 27, 1995, February 28, procedures for disbursement of The final deadline for the crude oil 1995, and March 8, 1995. The Petitions $34,551,984 (plus additional accrued proceeding is June 30, 1995. As we state request that OHA formulate and interest) in alleged or adjudicated crude in the Proposed Decision, any party who implement procedures to distribute oil overcharges obtained by the DOE has previously submitted a refund funds received by the DOE from from Dorchester Master Limited application in the crude oil refund Dorchester Master Limited Partnership Partnership (Case No. VEF–0005), proceeding should not file another (DMLP), Howell Corporation (Howell), Howell Corporation (Case No. VEF– Application for Refund. The previously Placid Oil Company (Placid), Eton 0006), Placid Oil Company (Case No. filed crude oil application will be Trading Corporation (Eton) and Rodgers VEF–0008), Eton Trading Corporation deemed filed in all crude oil Hydrocarbon Corporation, pursuant to (Case No. VEF–0009) and Rodgers proceedings as the proceedings are DOE enforcement proceedings involving Hydrocarbon Corporation (Case No. finalized. allegations of crude oil pricing and VEF–0010). The OHA has determined Any member of the public may allocation violations by the firms. This that the funds obtained from these submit written comments regarding the Proposed Decision and Order sets forth firms, plus accrued interest, will be proposed refund procedures. the OHA’s tentative plan to distribute distributed in accordance with the Commenting parties are requested to these funds, which are being held in an DOE’s Modified Statement of submit two copies of their comments. interest-bearing escrow account Restitutionary Policy in Crude Oil Comments should be submitted within maintained at the Department of the Cases, 51 Fed. Reg. 27899 (August 4, 30 days of publication of this notice in Treasury. 1986). the Federal Register, and should be sent I. Background DATE AND ADDRESS: Comments must be to the address set forth at the beginning filed in duplicate within 30 days of of this notice. All comments received by A. Dorchester Master Limited publication in the Federal Register, and the OHA will be available for public Partnership should be addressed to the Office of inspection between the hours of 1 p.m. During the period of petroleum price Hearings and Appeals, Department of to 5 p.m., Monday through Friday, controls, the firms which now comprise Energy, 1000 Independence Avenue, except federal holidays, in the Public DML1 were engaged in crude oil S.W., Washington, D.C. 20585. All Reference Room of the Office of refining and reselling. The firms were comments should conspicuously Hearings and Appeals, located in Room therefore subject to regulations display a reference to Case Nos. VEF– 1E–234, 1000 Independence Avenue, governing the pricing and allocation of 0005 et al. S.W., Washington, D.C. 20585. crude oil set forth at 10 C.F.R. Parts 211 FOR FURTHER INFORMATION CONTACT: Dated: June 12, 1995. and 212 of the Mandatory Petroleum Richard W. Dugan, Associate Director, George B. Breznay, Price and Allocation Regulations. In an Office of Hearings and Appeals, 1000 Director, Office of Hearings and Appeals. audit which covered the period from Independence Avenue, S.W., June 12, 1995. November 1, 1974 through August 1979 Washington, D.C. 20585, (202) 586– the ERA identified instances in which it 2860. Proposed Decision and Order of the believed that Dorchester’s refinery SUPPLEMENTARY INFORMATION: In Department of Energy; Implementation subsidiary and reseller division engaged accordance with 10 CFR § 205.282(b), of Special Refund Procedures in the improper switching of crude oil notice is hereby given of the issuance of Names of Firms: certifications in violation of 10 C.F.R. the Proposed Decision and Order set Dorchester Master Limited §§ 211.67 (the Crude Oil Entitlements forth below. The Proposed Decision and Partnership Program) and 212.131(b). As a result of Order sets forth the procedures that the Howell Corporation the ERA audit, a Proposed Remedial DOE has tentatively formulated to Placid Oil Company Order (PRO) was issued to Dorchester distribute a total of $34,551,984, plus Eton Trading Corporation on March 19, 1982 (Case No. additional accrued interest, remitted to Rodgers Hydrocarbon Corporation 6A0X00278). The OHA affirmed the the DOE by Dorchester Master Limited Dates of Filing: findings of the PRO and issued a Partnership, Howell Corporation, Placid February 27, 1995 Remedial Order (RO) to Dorchester on Oil Company, Eton Trading Corporation February 27, 1995 March 11, 1985. Dorchester Gas Corp., and Rodgers Hydrocarbon Corporation. February 28, 1995 12 DOE ¶ 83,034 (1985), appeal The DOE is currently holding these March 8, 1995 docketed, No. R085–12–000 (FERC funds in interest bearing escrow March 8, 1995 April 22, 1985). As a result of another accounts pending distribution. Case Numbers: ERA audit, on March 9, 1983, a PRO The OHA proposes to distribute these VEF–0005 funds in accordance with the DOE’s VEF–0006 1 DMLP, a limited partnership formed in 1984, is Modified Statement of Restitutionary VEF–0008 the successor to Dorchester Gas Corporation VEF–0009 (Dorchester) and includes Damson Oil Corporation Policy in Crude Oil Cases, 51 Fed. Reg. (Damson), the general partner of DMLP, and Doram 27899 (August 4, 1986) (the MSRP). VEF–0010 Energy, Inc. (Doram), a subsidiary of Damson. Under the MSRP, crude oil overcharge In accordance with the procedural Therefore, DMLP will be used to refer collectively monies are divided among the federal regulations of the Department of Energy to Dorchester, Damson, and Doram, and their subsidiaries and affiliates. We will refer to the government, the states, and injured (DOE), 10 C.F.R. part 205, Subpart V, individual firms in some instances, since the audits purchasers of refined petroleum the Office of General Counsel, originated with those firms during the period of products. Refunds to the states will be Regulatory Litigation (‘‘OGC’’) (formerly price controls. 32006 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices was issued to Doram and Damson, the a Consent Order resolving the issues in layered crude oil transactions in other firms now comprising DMLP, addressed in the PRO. Pursuant to the violation of 10 C.F.R. § 212.186. The alleging that during the period March Consent Order, Howell agreed to pay the PRO stated that those layered 1980 through December 1980, they DOE $19,375,000 plus interest, with transactions resulted in overcharges received illegal revenue by reselling installment payments over seven years. amounting to $9,182,412.70. On March crude oil at prices in excess of those As of March 31, 1995, Howell had paid 17, 1986, Eton filed a Notice of permitted by applicable crude oil the DOE $15,288,098, and it is current Objection with this Office but waived its reseller price allocation regulations. An in its payments to the DOE. Although right to contest the determinations made RO was issued to those two firms on we anticipate that additional revenues in the PRO by failing to file a Statement March 12, 1987. Doram Energy, Inc., 15 will be collected from Howell, no good of Objections in a timely manner. DOE ¶ 83,024 (1987), modified, 16 DOE reason exists to forestall implementing Accordingly, on December 5, 1986, the ¶ 83,006 (1987), appeal docketed, No. procedures for distributing the current OHA issued the PRO as a final Remedial R087–16–000 (FERC April 6, 1987). balance of the fund, which, with Order. Eton Trading Corp., 15 DOE ¶ On April 4, 1988, a Consent Order accrued interest, totals $18,527,540.43. 83,011 (1986). In July 1986, Eton was executed between DMLP and the C. Placid Oil Company Trading Corporation and Eton DOE which resolved a number of Enterprises filed for bankruptcy. The Placid was a producer of crude oil outstanding issues involving DMLP. DOE filed identical claims in the during the period of price controls. On Under the terms of the settlement, bankruptcy proceedings of the two March 30, 1981, the ERA issued a PRO DMLP would pay the DOE a maximum firms. Final distributions have been in which it alleged that during the of $65 million but no less than $11 made in the Eton Trading bankruptcy million, plus installment interest, by period from September 1973 through proceeding, but none has been made in July 1, 1997. The Consent Order states May 1977, Placid overcharged its the Eton Enterprise proceeding. As of that the DOE has made no formal customers in sales of crude oil from March 31, 1995, the Eton settlement findings of violation by DMLP and that several properties it operated. In fund contained $1,106,788, including DMLP does not admit it has committed addition, the PRO also alleged that accrued interest. Although the any regulatory violations. As of March Placid improperly calculated the possibility exists that additional 31, 1995, DMLP had paid the DOE the average daily production for a number revenues will be distributed to the DOE sum of $11,193,730,2 and it is current in of properties and as a result erroneously in the Eton Enterprise bankruptcy its payments to DOE. Although we certified crude oil production from anticipate that additional revenues will these properties as exempt from price proceeding, no reason exists to delay be collected from DMLP, no good reason controls pursuant to the stripper well implementing distribution of the current exists to forestall implementing exemption. On February 11, 1985, the balance of the fund. procedures for distributing the current OHA issued an RO to Placid, affirming E. Rodgers Hydrocarbon Corporation balance of the fund, which, with the ERA allegations concerning Placid’s accrued interest, totals $13,165,527. overcharges. Placid Oil Co., 12 DOE ¶ Rodgers Hydrocarbon Corporation 83,030, modified, 13 DOE ¶ 83,007 and Ray V. Rodgers, Jr. (referred to B. Howell Corporation (1985). Placid appealed the RO to the collectively as Rodgers), were crude oil During the price control period, Federal Energy Regulatory Commission resellers during the period of September Howell was a crude oil producer, (FERC). On February 26, 1987, the FERC 1977 through January 1980. On March refiner, and reseller. Howell was reversed and vacated the RO (Placid Oil 29, 1985, the ERA issued a PRO to therefore subject to the Federal Co., 38 FERC ¶ 61,199); however, on Rodgers alleging that during that period, petroleum price and allocation July 23, 1987, the FERC reversed itself Rodgers failed to properly certify crude regulations. In 1981, the ERA audited in part, vacating portions of its previous oil it sold as required by 10 C.F.R. Howell’s compliance with the crude oil Order (Placid Oil Co., 40 FERC ¶ § 212.131(b). In addition, the ERA Entitlements Program during the period 61,112). On March 18, 1988, the FERC alleged that Rodgers failed to submit January 1, 1978 through January 27, issued an Order affirming the RO but reports and maintain books and records 1981. As a result of that audit, on June modifying the violation amount. Placid in accordance with 10 C.F.R. § 212.187 24, 1988, a PRO was issued to the firm, Oil Co., 42 FERC ¶ 61,326 (1988). (a) and (b).4 Rodgers filed a Statement of alleging violations of the crude oil price Subsequently, in a bankruptcy Objections to the PRO on August 26, and allocation regulations.3 On February proceeding involving Placid, the U.S. 1985. After considering Rodgers’ 23, 1989, the DOE and Howell executed Bankruptcy Court for the Northern objections, certain provisions of the District of Texas approved the DOE’s PRO were modified, and the PRO was 2 Of that amount $5,198.52 came from Damson claim of $1,196,728.09 against Placid. issued as a final RO on July 20, 1989. pursuant to its own bankruptcy proceeding. Placid has fulfilled its financial 3 The PRO alleged violations of 10 C.F.R. Rodgers Hydrocarbon Corp., 19 DOE ¶ §§ 211.66(b) and (h), 205.202, and 210.62(c), obligation to the DOE. As of March 31, 83,004 (1989). On December 4, 1989, resulting from significant understatement of 1995, the Placid settlement fund Rodgers and the DOE executed a receipts of price-controlled crude oil. Specifically, contained $1,691,930, including Consent Order resolving the issues ERA alleged that during the period April 1978 accrued interest. through December 1979, the Joint Venture addressed by the RO. Pursuant to the consisting of Howell and Quintana Refinery Co. D. Eton Trading Corporation Consent Order, Rodgers agreed to pay failed to correctly report the tier certifications the DOE $50,000 plus interest, in two associated with substantial volumes of its crude oil Eton and its affiliate, Eton Enterprises, equal payments. Rodgers paid to the receipts at its Corpus Christi, Texas, refinery; and Inc., were resellers of crude oil during Howell Hydrocarbons, a Howell subsidiary, DOE the sum of $51,190 and has engaged in similar conduct during the period April the period June 1980 through December fulfilled its financial obligation to the 1978 through November 1980 at its San Antonio, 1980, and were subject to the crude oil DOE. As of March 31, 1995, the Rodgers Texas, refinery. In addition, the ERA alleged that reseller regulations set forth at 10 C.F.R. escrow account contained $60,199. during the period April 1978 through December Part 212, Subpart L. As the result of an 1979, Howell Industries, another subsidiary, improperly charged prices for crude oil in excess ERA audit of Eton’s operations, on 4 Crude oil resellers were required to file certain of its actual purchase prices, in violation of 10 January 14, 1986, the ERA issued a PRO information on ERA–69 ‘‘Crude Oil Reseller’s Self- C.F.R. §§ 212.186, 210.62(c) and 205.202. to the firm alleging that it had engaged Reporting Forms.’’ Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32007 II. Jurisdiction and Authority On April 10, 1987, the OHA issued a Applicants who have executed and Notice analyzing the numerous submitted a valid waiver pursuant to The Subpart V regulations set forth comments received in response to the one of the escrows established by the general guidelines which may be used August 1986 Order. 52 Fed. Reg. 11737 Stripper Well Settlement Agreement by the OHA in formulating and (April 10, 1987). This Notice provided have waived their rights to apply for a implementing a plan of distribution of guidance to claimants that anticipated crude oil refund under Subpart V and funds received as a result of an filing refund applications for crude oil should not file a crude oil refund enforcement proceeding. The DOE monies under the Subpart V regulations. application. See Mid-America Dairyman policy is to use the Subpart V process In general, we stated that all claimants Inc. v. Herrington, 878 F.2d 1448 (Temp. to distribute such funds. For a more would be required to (1) document their Emer. Ct. App.); 3 Fed. Energy detailed discussion of Subpart V and the purchase volumes of petroleum Guidelines ¶ 26,617 (1989); In re authority of the OHA to fashion products during the August 19, 1973 Department of Energy Stripper Well procedures to distribute refunds, see through January 27, 1981 crude oil price Exemption Litigation, 707 F. Supp. 1267 Petroleum Overcharge Distribution and control period, and (2) prove that they (D. Kan.), 3 Fed. Energy Guidelines ¶ Restitution Act of 1986, 15 U.S.C. 4501 were injured by the alleged crude oil 26,613 (1987). The deadline for filing an et seq.; see also Office of Enforcement, overcharges. Applicants who were end- Application for Refund is June 30, 1995. 9 DOE ¶ 82,508 (1981), and Office of users or ultimate consumers of A crude oil refund applicant is only Enforcement, 8 DOE ¶ 82,597 (1981). petroleum products, whose businesses required to submit one application for We have considered the OGC’s are unrelated to the petroleum industry, its share of all available crude oil petitions that we implement Subpart V and who were not subject to the DOE overcharge funds. See, e.g., Ernest A. proceedings with respect to the DMLP, price regulations would be presumed to Allerkamp, 17 DOE ¶ 85,079 at 88,176 Howell, Placid, Eton and Rodgers funds have been injured by any alleged crude (1988). Accordingly, any party that has and have determined that such oil overcharges. In order to receive a previously submitted a refund proceedings are appropriate. This refund, end-users would not need to Application in the crude oil refund Proposed Decision and Order sets forth submit any further evidence of injury proceeding need not file another the OHA’s tentative plan to distribute beyond the volume of petroleum Application. these funds. Before taking the actions products purchased during the period of proposed in this Decision, we intend to C. Payments to the States and Federal price controls. See City of Columbus Government publicize our proposal and solicit Georgia, 16 DOE ¶ 85,550 (1987). comments from interested parties. Under the terms of the MSRP, the The amount of money subject to this Comments regarding the tentative remaining 80 percent of the alleged Proposed Decision is $34,551,984, plus distribution process set forth in this crude oil violation amounts subject to additional accrued interest. In Proposed Decision and Order should be this Proposed Decision, or $27,641,587 accordance with the MSRP, we propose filed with the OHA within 30 days of its plus additional accrued interest, should initially to reserve 20 percent of those publication in the Federal Register. be disbursed in equal shares to the funds ($6,910,397 plus additional states and federal government, for III. Proposed Refund Procedures accrued interest) for direct refunds to indirect restitution. Refunds to the applicants who claim that they were A. Crude Oil Refund Policy states will be in proportion to the injured by crude oil overcharges. consumption of petroleum products in We propose to distribute the monies We propose to evaluate claims in the each state during the period of price received from DMLP, Howell, Placid, DMLP, Howell, Placid, Eton and controls. The share or ratio of the funds Eton and Rodgers in accordance with Rodgers crude oil refund proceedings in which each state will receive is DOE’s Modified Statement of exactly the same manner as in other contained in Exhibit H of the Stripper Restitutionary Policy in Crude Oil Cases crude oil proceedings. As we stated in Well Settlement Agreement. When (MSRP), 51 Fed. Reg. 27899 (August 4, the April 10 Notice, claimants will disbursed, these funds will be subject to 1986), which was issued as a result of generally be required to document their the same limitations and reporting the Settlement Agreement approved by purchase volumes of petroleum requirements as all other crude oil the court in The Department of Energy products and prove that they were monies received by the states under the Stripper Well Exemption Litigation, 653 injured as a result of the alleged Stripper Well Agreement. F. Supp. 108 (D. Kan. 1986). Shortly violations. We will also presume that It is therefore ordered that: The refund after the issuance of the MSRP, the OHA the alleged crude oil overcharges were amounts remitted to the Department of issued an Order that announced that absorbed, rather than passed on, by Energy by Dorchester Master Limited this policy would be applied in all applicants who were (1) end-users of Partnership, Howell Corporation, Placid Subpart V proceedings involving alleged petroleum products, (2) unrelated to the Oil Company, Eton Trading Corporation crude oil violations. See Order petroleum industry, and (3) not subject and Rodgers Hydrocarbon Corporation Implementing the MSRP, 51 Fed. Reg. to the regulations promulgated under pursuant to their respective Consent 29689 (August 20, 1986) (the August the Emergency Petroleum Price and Orders or Bankruptcy Court Orders will 1986 Order). Allocation Act of 1973, 15 U.S.C. 751– be distributed in accordance with the Under the MSRP, 40 percent of crude 760. In order to receive a refund, such foregoing Decision. oil overcharge funds will be disbursed claimants need not submit any evidence to the federal government, another 40 of injury beyond documentation of their [FR Doc. 95–14915 Filed 6–16–95; 8:45 am] percent to the states, and up to 20 purchase volumes. BILLING CODE 6450±01±P percent may initially be reserved for the We propose to base the refunds on a payment of claims to injured parties. volumetric amount which has been Notice of Implementation of Special The MSRP also specified that any funds calculated in accordance with the Refund Procedures remaining after all valid claims by description in the April 10 Notice. That injured purchasers are paid will be volumetric refund amount is currently SUMMARY: The Office of Hearings and disbursed to the federal government and $0.0016 per gallon. See 57 Fed. Reg. Appeals (OHA) of the Department of the states in equal amounts. 15562 (March 24, 1995). Energy (DOE) announces the procedures 32008 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices for the disbursement of $75,638.48, plus Petroleum Overcharge Distribution and than those cited in the RO, and on accrued interest, in refined petroleum Restitution Act of 1986 (PODRA), 15 December 22, 1976, the FEA rescinded product violation amounts obtained by U.S.C. 4501–07. the RO and issued a Revised Remedial the DOE pursuant to an April 10, 1985 Applications for Refund must be Order requiring Mockabee to roll back Modified Remedial Order issued to postmarked by September 29, 1995. prices to compensate consumers who Mockabee Gas & Fuel Oil Co. Instructions for the completion of were overcharged by Mockabee. (Mockabee), Case No. VEF–0001. The refund applications are set forth in the Mockabee failed to comply with the OHA has determined that the funds Decision that immediately follows this Revised Remedial Order. On April 10, obtained from Mockabee, plus accrued notice. Applications should be sent to 1985, the ERA 1 issued a Modified interest, will be distributed to customers the address listed at the beginning of Remedial Order which rescinded the who purchased No. 2 heating oil and this notice. price rollbacks it had ordered Mockabee kerosene from Mockabee during the Unless labeled as ‘‘confidential,’’ all to make. Instead, the MRO required period of November 1, 1973 through submissions must be made available for Mockabee to pay to the DOE $29,583.08 December 31, 1975. public inspection between the hours of in assessed overcharges, and an ADDRESS: Applications must be filed in 1 p.m. and 5 p.m., Monday through additional $46,071.46 in interest due. duplicate, addressed to ‘‘Mockabee Gas Friday, except federal holidays, in the On September 30, 1985, Mockabee & Fuel Oil Co. Special Refund Public Reference Room of the Office of appealed the MRO to the OHA, which Proceeding’’ and sent to: Office of Hearings and Appeals, located in Room denied the Appeal on December 19, Hearings and Appeals, Department of 1E–234, 100 Independence Avenue, 1985. Mockabee Gas & Fuel Oil Co., 13 Energy, 1000 Independence Ave., SW., SW., Washington, DC 20585. DOE ¶ 83,059 (1985). Mockabee has Washington, DC 20585. Date: June 12, 1995. since remitted $75,638.48 in compliance Applications should display a George B. Breznay, with the MRO, which is now available for distribution through Subpart V. prominent reference to the case number Director, Office of Hearings and Appeals. ‘‘VEF–0001.’’ June 12, 1995. II. Jurisdiction and Authority FOR FURTHER INFORMATION CONTACT: The Subpart V regulations set forth Thomas O. Mann, Deputy Director, Decision and Order of the Department general guidelines which may be used Roger Klurfeld, Assistant Director, of Energy; Implementation of Special by the OHA in formulating and Office of Hearings and Appeals, 1000 Refund Procedures implementing a plan for the distribution Independence Ave., SW., Washington, Name of Firm: Mockabee Gas & Fuel Oil of funds received as a result of an DC 20585, (202) 586–2094 (Mann); 586– Co. enforcement proceeding. The DOE 2383 (Klurfeld). Date of Filing: October 18, 1994 policy is to use the Subpart V process SUPPLEMENTARY INFORMATION: Case Number: VEF–0001 In to distribute such funds. For a more accordance with 10 C.F.R. § 205.282(c), On October 18, 1994, the Economic detailed discussion of Subpart V and the notice is hereby given of the issuance of Regulatory Administration (ERA) of the authority of the OHA to fashion the Decision and Order set out below. Department of Energy (DOE) filed a procedures to distribute refunds, see The Decision and Order sets forth the Petition for the Implementation of Petroleum Overcharge Distribution and procedures that the DOE has formulated Special Refund Procedures with the Restitution Act of 1986 (PODRA), 15 to distribute to eligible claimants Office of Hearings and Appeals (OHA) U.S.C. 4501 et seq.; Office of $75,638.48, plus accrued interest, to distribute $75,638.48, plus accrued Enforcement, 9 DOE ¶ 82,508 (1981); obtained by the DOE pursuant to an interest, which Mockabee Gas & Fuel Office of Enforcement, 8 DOE ¶ 82,597 April 10, 1985 Modified Remedial Order Oil Co. (Mockabee) remitted to the DOE (1981). (MRO) issued to Mockabee Gas & Fuel pursuant to a Modified Remedial Order We considered ERA’s Petition that we Oil Co. (Mockabee). In the MRO, the (MRO) issued by the OHA on April 10, implement a Subpart V proceeding with DOE found that, during the period from 1985. In accordance with the provisions respect to the funds remitted by November 1, 1973 through December of the procedural regulations found at Mockabee and determined that such a 31, 1975, Mockabee sold No. 2 heating 10 C.F.R. Part 205, Subpart V (Subpart proceeding was appropriate. On January oil and kerosene in excess of the V), the ERA requests in its Petition that 11, 1995, the OHA issued a Proposed maximum lawful selling price, in the OHA establish special procedures to Decision and Order (PD&O) establishing violation of Federal petroleum price make refunds in order to remedy the tentative procedures to distribute the regulations. effects of the regulatory violations set money remitted by Mockabee (the The OHA has determined to distribute forth in the MRO. This Decision and Mockabee fund). That PD&O was the funds obtained from the firms in two Order sets forth the OHA’s plan to published in the Federal Register and a stages. In the first stage, we will accept distribute these funds. 30-day period was provided for claims from the identifiable purchasers I. Background submission of comments regarding our of No. 2 heating oil and kerosene who proposed refund plan. See 60 FR 3863 may have been injured by the During the period relevant to this (January 19, 1995). More than 30 days overcharges. The specific requirements proceeding, Mockabee was a retailer of have elapsed, and the OHA has received which an applicant must meet in order No. 2 heating oil, kerosene, diesel fuel, no comments concerning the proposed to receive a refund are set out in Section and motor gasoline in Upper Marlboro, refund procedures. Consequently, the III of the Decision. Claimants who meet Maryland. On December 18, 1974, the procedures will be adopted as proposed. these specific requirements will be Federal Energy Administration (FEA) eligible to receive refunds based on the issued a Notice of Probable Violation to 1 Under the DOE Organization Act, 42 U.S.C. number of gallons of covered product Mockabee. On January 28, 1975, the 7151, et seq., and Executive Order 12009, 42 Fed. they purchased from Mockabee. FEA issued a Remedial Order (RO) to Reg. 46367 (September 25, 1977), all functions If any funds remain after valid claims Mockabee, finding that Mockabee had vested by law in the FEA were transferred to and vested in the DOE. Within the DOE, the ERA was are paid in the first stage, they may be overcharged purchasers of No. 2 heating delegated the authority to investigate violations of used for indirect restitution in oil and kerosene. A further investigation applicable regulations and to seek compliance of accordance with the provisions of the disclosed additional overcharges other those regulations. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32009 III. Mockabee Refund Procedures is appropriate because the DOE price containing all of the following We will implement a two-stage refund regulations generally required a information: procedure for distribution of the regulated firm to account for increased (1) Identifying information including Mockabee fund by which purchasers of costs on a firm-wide basis in the claimant’s name, current business No. 2 heating oil and kerosene from determining prices. address, business address during the Mockabee during the period covered by Under the volumetric approach, a refund period, taxpayer identification the MRO may submit Applications for claimant’s ‘‘allocable share’’ of the number, a statement indicating whether Refund in the initial stage. From our Mockabee fund is equal to the number the claimant is an individual, experience with Subpart V proceedings, of gallons of covered product purchased corporation, partnership, sole we expect that applicants generally will from Mockabee during the period proprietorship, or other business entity, be limited to ultimate consumers (‘‘end covered by the MRO times the per the name, title, and telephone number users’’). Therefore, we do not anticipate gallon refund amount. In the present of a person to contact for additional that it will be necessary to employ the case, the per gallon refund is $0.0612. information, and the name and address injury presumptions that we have used We derived this figure by dividing the of the person who should receive any 5 in past proceedings in evaluating monies remitted by Mockabee refund check. If the applicant operated applications submitted by refiners, ($75,638.48) by the total volume of under more than one name or under a resellers, and retailers.2 covered products sold by Mockabee different name during the price control from November 1, 1973 through period, the applicant should specify A. First Stage Refund Procedures December 31, 1975 (1,236,132 gallons). those names; In order to receive a refund, each A claimant that establishes its eligibility (2) A monthly purchase schedule claimant must submit a schedule of its for a refund will receive all or a portion covering the Remedial Order period monthly purchases of No. 2 heating oil of its allocable share plus a pro-rata (November 1, 1973 through December or kerosene from Mockabee during the share of accrued interest.4 31, 1975). The applicant should specify period covered by the MRO—November In addition to the volumetric the source of this gallonage information. 1, 1973 through December 31, 1975. Our presumption, we also adopt a In calculating its purchase volumes, an experience also indicates that the use of presumption regarding injury for end- applicant should use actual records certain presumptions permits claimants users. from the Remedial Order period, if to participate in the refund process 2. End Users available. If these records are not without incurring inordinate expense available, the applicant may submit In accordance with prior Subpart V and ensures that refund claims are estimates of its purchases of covered proceedings, we adopt the presumption evaluated in the most efficient manner products, but the estimation method that an end user or ultimate consumer possible. See, e.g., Marathon Petroleum must be reasonable and clearly of covered products purchased from Co., 14 DOE ¶ 85,269 (1986) (Marathon). explained; Mockabee whose business is unrelated Presumptions in refund cases are (3) A statement whether the applicant to the petroleum industry was injured specifically authorized by the applicable or a related firm has filed, or has by the overcharges resolved by the Subpart V regulations at 10 C.F.R. authorized any individual to file on its MRO. See, e.g., Texas Oil and Gas § 205.282(e). Accordingly, we adopt the behalf, any other application in this Corp., 12 DOE ¶ 85,069 at 88,209 (1984). presumptions set forth below. refund proceeding. If so, an explanation Unlike regulated firms in the petroleum of the circumstances of the other filing 1. Calculation of Refunds industry, members of this group or authorization should be submitted; First, we adopt a presumption that the generally were not required to keep (4) If the applicant is or was in any overcharges were dispersed equally over records which justified selling price way affiliated with Mockabee, it should all of Mockabee’s sales of products increases by reference to cost increases. explain this affiliation, including the covered by the MRO during the period Consequently, analysis of the impact of time period during which it was covered by the MRO. See Permian the overcharges on the final price of affiliated.6 Corp., 23 DOE ¶ 85,034 (1993). In goods and services produced by accordance with this presumption, members of this group would go beyond 5 Under the Privacy Act of 1974, the submission refunds are made on a pro-rata or the scope of the refund proceeding. Id. of a social security number by an individual volumetric basis.3 In the absence of Therefore, end-users of covered applicant is voluntary. An applicant that does not products purchased from Mockabee submit a social security number must submit an better information, a volumetric refund employer identification number, if one exists. This need only document their purchase information will be used in processing refund 2 If a refiner, reseller, or retailer should file an volumes from Mockabee during the applications, and is requested pursuant to our application in this refund proceeding, however, we period covered by the MRO to make a authority under the Petroleum Overcharge will utilize the standards and appropriate sufficient showing that they were Distribution and Restititution Act of 1986 and other presumptions established in previous proceedings. regulations codified at 10 CFR Part 205, Subpart V. See, e.g., Stark’s Shell Service, 23 DOE ¶ 85,017 injured by the overcharges. The information may be shared with other federal (1993); Shell Oil Co., 18 DOE ¶ 85,492 (1989). B. Refund Application Requirements agencies for statistical, auditing or archival 3 If an individual claimant believes that it was purposes, and with law enforcement agencies when injured by more than its volumetric share, it may To apply for a refund from the they are investigating a potential violation of civil elect to forego this presumption and file a refund Mockabee fund, a claimant should or criminal law. Unless an applicant claims application based upon a claim that it suffered a confidentiality, this information will be available to disproportionate share of Mockabee’s overcharges. submit an Application for Refund the public in the Public Reference Room of the See, e.g., Mobil Oil Corp./Atchison, Topeka and Office of Hearings and Appeals. Santa Fe Railroad Co., 20 DOE ¶ 85,788 (1990); 4 As in previous cases, we establish a minimum 6 As in other refund proceedings involving Mobil Oil Corp./Marine Corps Exchange Service, 17 refund amount of $15. In this proceeding, any alleged refined products violations, the DOE will DOE ¶ 85,714 (1988). Such a claim will be granted potential claimant purchasing less than 245 gallons presume that affiliates of the Remedial Order firm if the claimant makes a persuasive showing that it of covered product from Mockabee would have an were not injured by the firm’s overcharges. See, e.g., was ‘‘overcharged’’ by a specific amount, and that allocable share of less than $15. We have found Marathon Petroleum Co./EMRO Propane Co., 15 it absorbed those overcharges. See Panhandle through our experience that the cost of processing DOE ¶ 85,288 (1987). This is because the Remedial Eastern Pipeline Co./Western Petroleum Co., 19 claims in which refund amounts of less than $15 Order firm presumably would not have sold DOE ¶ 85,705 (1989). To the degree that a claimant are sought outweighs the benefits of restitution in petroleum products to an affiliate if such a sale makes this showing, it will receive an above- those instances. See Exxon Corp., 17 DOE ¶ 85,590 would have placed the purchaser at a competitive volumetric refund. (1988). Continued 32010 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices (5) The statement listed below, signed service should contain all of the DATES: Comments must be submitted on by the individual applicant or a information indicated in this Decision. or before July 19, 1995. responsible official of the firm filing the Finally, the OHA reserves the FOR FURTHER INFORMATION CONTACT: refund application: authority to require additional For further information, or to obtain a I swear (or affirm) that the information information before granting any refund copy of the ICR contact Sandy Farmer contained in this application and its in this proceeding. Applications lacking at EPA, (202) 260–2740, please refer to attachments is true to the best of my the required information may be EPA ICR #1753.01. knowledge and belief. I understand that dismissed or denied. anyone who is convicted of providing false SUPPLEMENTARY INFORMATION: information to the federal government may D. Distribution of Funds Remaining Office of Research and Development be subject to a fine, jail sentence, or both, After First Stage Title: National Survey of Gross Alpha pursuant to 18 U.S.C. § 1001. I understand Any funds that remain after all first that the information contained in this Methodology (EPA ICR No. 1753.01). application is subject to public disclosure. I stage claims have been decided will be Abstract: The purpose of this survey have enclosed a duplicate of this entire distributed in accordance with the is to assess the origins of statistical application, which will be placed in the OHA provisions of the Petroleum Overcharge variance for gross alpha (radio- public reference room. Distribution and Restitution Act of 1986 analytical) measurements performed on All applications should be either (PODRA), 15 U.S.C. 4501–07. The drinking water samples by laboratories typed or printed clearly and labeled PODRA requires that the Secretary of as required under Section 1401 of the ‘‘Mockabee Gas & Fuel Oil Co. (Case No. Energy determine annually the amount Safe Drinking Water Act (SDWA). The VEF–0001) Special Refund Proceeding.’’ of oil overcharge funds that will not be National Primary Drinking Water Each applicant must submit an original required to refund monies to injured Regulations required under Section and one copy of the application. If the parties in Subpart V proceedings and 1401 of the SDWA, and as described in applicant believes that any of the make those funds available to state a recent proposed rulemaking (vol. 56, information in its application is governments for use in four energy No. 138 Federal Register) for gross confidential and does not wish for that conservation programs. The Secretary alpha contamination, establish information to be publicly disclosed, it has delegated these responsibilities to Maximum Contaminant Levels (MCLs) must submit an original application, the OHA, and any monies in the for radiological contamination, clearly designated ‘‘confidential,’’ Mockabee fund that the OHA including gross alpha contamination in containing the confidential information, determines will not be needed to effect drinking water. In support of the SDWA and two copies of the application with direct restitution to injured customers and MCL Goals, a survey is needed to the confidential information deleted. All will be distributed in accordance with identify the source of inaccuracies in refund applications should be the provisions of the PODRA. gross alpha data presently collected by postmarked on or before September 29, It is therefore ordered that: (1) USEPA and make appropriate changes 1995 and sent to: Mockabee Gas & Fuel Applications for Refund from the funds to existing methodologies to ensure the Oil Co. Special Refund Proceeding, remitted to the Department of Energy by accurate measurement and calculation Office of Hearings and Appeals, Mockabee Gas & Fuel Oil Co. pursuant of gross alpha contamination. Department of Energy, 1000 to the Modified Remedial Order dated EPA will distribute the mail Independence Ave., S.W., Washington, April 10, 1985 may now be filed. questionnaires and ask laboratories to DC 20585. (2) Applications must be postmarked voluntarily provide information that no later than September 29, 1995. includes: (1) name, address, location C. Refund Applications Filed by and point of contact information, (2) Representatives Dated: June 12, 1995. George B. Breznay, type of radioanalytical methodology We adopt the standard OHA Director, Office of Hearings and Appeals. performed by laboratories, (3) quality procedures relating to refund control information, (4) efficiency curve [FR Doc. 95–14916 Filed 6–16–95; 8:45 am] applications filed on behalf of data, and (5) types of counting applicants by ‘‘representatives,’’ BILLING CODE 6450±01±P instrumentation. including refund filing services, The EPA will collect the consulting firms, accountants, and questionnaires and enter the attorneys. See, e.g., Stark’s Shell ENVIRONMENTAL PROTECTION information into computerized database Service, 23 DOE ¶ 85,017 (1993); AGENCY for statistical analysis. Texaco, Inc., 20 DOE ¶ 85,147 (1990); [FRL±5222±6] Burden Statement: Public reporting Shell Oil Co., 18 DOE ¶ 85,492 (1989). burden for this collection of information We will also require strict compliance Agency Information Collection is estimated to average (1) hour per with the filing requirements as specified Activities Under OMB Review response including reviewing in 10 C.F.R. § 205.283, particularly the instructions, searching existing requirement that applications and the AGENCY: Environmental Protection information sources, completing and accompanying certification statement be Agency (EPA). reviewing the collection of information, signed by the applicant. The OHA ACTION: Notice. and submitting the information to EPA. reiterates its policy to closely scrutinize Respondents: Federal, State, local, SUMMARY: applications filed by filing services. In compliance with the and private radio-analytical laboratories. Applications submitted by a filing Paperwork Reduction Act (44 U.S.C. Estimated Number of Respondents: 3501 et seq.), this notice announces that 350. disadvantage. See Marathon Petroleum Co./Pilot Oil the Information Collection Request (ICR) Frequency of Collection: One time. Corp., 16 DOE ¶ 85,611 (1987), amended, claim abstracted below has been forwarded to Estimated Number of Responses per denied, 17 DOE ¶ 85,291 (1988), reconsideration the Office of Management and Budget Respondent: 1. denied, 20 DOE ¶ 85,236 (1990). Furthermore, if an (OMB) for review and comment. The Estimated Total Annual Burden on affiliate of the Remedial Order firm were granted a refund, the Remedial Order firm would be ICR describes the nature of the Respondents: 350 hours. indirectly compensated from a Remedial Order information collection and its expected Send comments regarding the burden fund remitted to settle its own alleged violations. cost and burden. estimate, or any other aspect of this Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32011 collection of information, including EPA, 401 M Street, SW. 1502, FEDERAL COMMUNICATIONS suggestions for reducing the burden, Washington, DC 20460 COMMISSION # (please refer to EPA ICR 1753.01): This is an open meeting and all Public Information Collection Sandy Farmer, EPA #1753.01, U.S. interested persons are invited to attend. Requirement Submitted to Office of Environmental Protection Agency, Meeting minutes will be available Management and Budget for Review Information Policy Branch (2316), 401 within forty-five days after the meeting M Street, SW., Washington, DC 20460 and can be obtained by written request June 12, 1995. and from the DFO. Members of the public The Federal Communications Timothy Hunt, Office of Management are requested to call the DFO at the Commission has submitted the and Budget, Office of Information and above number if planning to attend so following information collection Regulatory Affairs, 725 17th St., NW., that arrangements can be made to requirements to OMB for review and Washington, DC 20503 comfortably accommodate attendees as clearance under the Paperwork Dated: June 12, 1995. much as possible. Reduction Act of 1980 (44 U.S.C. 3507). Joseph Retzer, Christine Zawlocki, Copies of these submissions may be Director, Regulatory Information Division. Designated Federal Official, Office of purchased from the Commission’s copy [FR Doc. 95–14801 Filed 6–16–95; 8:45 am] Regional Operations and State/Local contractor, International Transcription BILLING CODE 6560±50±M Relations. Service, Inc., 2100 M Street, NW., Suite [FR Doc. 95–14907 Filed 6–16–95; 8:45 am] 140, Washington, DC 20037, (202) 857– BILLING CODE 6560±50±M 3800. For further information on this [FRL±5223±8] submission contact Dorothy Conway, Federal Communications Commission, Meeting of the Small Town (202) 418–0217 or via internet at Environmental Planning Task Force [FRL±5224±2] [email protected]. Persons wishing to comment on this information Lithium of Lubbock Superfund Site: On July 10, 11 and 12, 1995, the Small collection should contact Timothy Fain, Proposed Settlement Town Environmental Planning Task Office of Management and Budget, Force (STTF) will conduct its fifth Room 10214 NEOB, Washington, DC SUMMARY: Under Section 122(h) of the meeting. The purpose of the meeting is 20503, (202) 395–3561. Comprehensive Environmental to review and discuss the reports of the OMB Number: 3060–0169. various work groups, prepare draft Response, Compensation, and Liability Act (CERCLA), the Environmental Title: Sections 43.51 and 43.53 - reports for full committee review and Reports and Records of approval, prepare an outline and draft of Protection Agency (EPA) has agreed to settle claims for past response costs at Communications Common Carriers and the STTF’s Final Recommendations Certain Affiliates. Report to the Administrator, discuss the Lithium of Lubbock Superfund Site in Lubbock, Texas with the following Form No.: N/A. state/local/federal roles and Action: Extension of a currently parties: responsibilities in the current approved collection. environment, and activities necessary to United States Coast Guard Respondents: Businesses or other for- comply with the provisions of the Small The Defense Reutilization and Marketing profit. Town Environmental Planning Act (42 Service Frequency of Response: On occasion. U.S.C. 6908). California Institute of Technology Estimated Annual Burden: 374 The Task Force is charged with Altus Corporation responses; 16.1 hour burden per identifying regulations developed West Texas Warehouse response; 6,029 hours total annual pursuant to Federal environmental laws Burlington Northern Railroad burden. which pose significant compliance Needs and Uses: Sections 43.51 and problems for small towns; identifying EPA will consider public comments 43.53 require reports by which the the means to improve the working on the proposed settlement for 30 days. Commission gathers information relationship between the Environmental EPA may withdraw from or modify the concerning carriers which it examines Protection Agency and small towns; proposed settlement should such relating to the activities of that carrier reviewing proposed regulations for the comments disclose facts or which may effect charges and services protection of environmental and public considerations which indicate the and rendered. proposed settlement is inappropriate, health and suggesting revisions that OMB Number: N/A. improper, or inadequate. Copies of the could improve the ability of small towns Title: Amendment of Part 65 and 69 proposed settlement are available from: to comply with such regulations; and of the Commission’s Rules to Reform the Mr. John R. Burleson, Superfund identifying the means to promoting Interstate Rate of Return Presription and Enforcement Branch (6H–EC), U.S. EPA, regionalization of environmental Enforcement Processes. treatment systems and infrastructure. Region 6, 1445 Ross Avenue, Dallas, Form No.: N/A. The meeting will be held at the Texas 75202–2733, telephone (214) Action: New Collection. Holiday Inn Hotel and Suites, located at 665–6728. Respondents: Business or other for- 625 First Street, Alexandria, VA 22314. Written comments may be submitted profit. The meeting will begin at 9 a.m. on July to the person above for 30 days from the Frequency of Response: On occasion. 10th and conclude at 2 p.m. on July date of publication. Estimated Annual Burden: 5 11th. Dated: June 1, 1995. responses; 10,000 hours burden per The Designated Federal Officer (DFO) response; 50,000 hours total annual for this Committee is Christine Allyn M. Davis, burden. Zawlocki. She is the point of contact for Acting Regional Administrator, U.S. EPA, Needs and Uses: The Order revises information concerning any Committee Region 6 the Part 65 rules governing the matters and can be reached by calling [FR Doc. 95–14909 Filed 6–16–95; 8:45 am] procedures and methodologies for (202) 260–0244 or by writing to: U.S. BILLING CODE 6560±50±P prescribing and enforcing the rate of 32012 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices return for certain LECs. Specifically, the Comments: Comments on this collection Board of Governors of the Federal Reserve Order replaces the existing rule, which of information are welcome and System, June 13, 1995. initiates represcription proceedings should be submitted before [insert 60 Jennifer J. Johnson, biennially, with a semiautomatic trigger days after date of publication in the Deputy Secretary of the Board. activated by changes in capital costs; Federal Register]. [FR Doc. 95–14889 Filed 6–16–95; 8:45 am] modifies the paper hearing rules set out ADDRESSES: A copy of the submission BILLING CODE 6210±01±F in Part 65; streamlines the methodolgies may be obtained by calling or writing used to estimate the cost of capital and the FDIC contact listed above. removes the automatic refund rule. Comments regarding the submission Marshall & Ilsley Corporation; Federal Communications Commission. should be addressed to both the OMB Acquisition of Company Engaged in Permissible Nonbanking Activities William F. Caton, reviewer and the FDIC contact listed Acting Secretary. above. The organization listed in this notice [FR Doc. 95–14874 Filed 6–16–95; 8:45 am] SUPPLEMENTARY INFORMATION: FDIC has applied under § 225.23(a)(2) or (f) BILLING CODE 6712±01±F Regulation 12 CFR 349 requires annual of the Board’s Regulation Y (12 CFR reports of borrowings by bank executive 225.23(a)(2) or (f)) for the Board’s officers and principal shareholders from approval under section 4(c)(8) of the FEDERAL DEPOSIT INSURANCE either their own bank or from Bank Holding Company Act (12 U.S.C. CORPORATION correspondent banks. The information is 1843(c)(8)) and § 225.21(a) of Regulation retained by the banks and made Y (12 CFR 225.21(a)) to acquire or Information Collection Submitted to available to the public upon request. control voting securities or assets of a OMB for Review Dated: June 13, 1995. company engaged in a nonbanking activity that is listed in § 225.25 of AGENCY: Federal Deposit Insurance Federal Deposit Insurance Corporation. Robert E. Feldman, Regulation Y as closely related to Corporation. banking and permissible for bank Acting Executive Secretary (Administration). ACTION: Notice of information collection holding companies. Unless otherwise submitted to OMB for review and [FR Doc. 95–14846 Filed 6–16–95; 8:45 am] noted, such activities will be conducted approval under the Paperwork BILLING CODE 6714±01±M throughout the United States. Reduction Act of 1980. The application is available for immediate inspection at the Federal SUMMARY: In accordance with Reserve Bank indicated. Once the FEDERAL RESERVE SYSTEM requirements of the Paperwork application has been accepted for Reduction Act of 1980 (44 U.S.C. processing, it will also be available for Chapter 35), the FDIC hereby gives Robert F. Long; Change in Bank Control Notice inspection at the offices of the Board of notice that it has submitted to the Office Governors. Interested persons may of Management and Budget a request for Acquisition of Shares of Banks or express their views in writing on the OMB review of the information Bank Holding Companies question whether consummation of the collection system described below. proposal can ‘‘reasonably be expected to Type of Review: Extension of the The notificant listed below has produce benefits to the public, such as expiration date of a currently applied under the Change in Bank greater convenience, increased approved collection without any Control Act (12 U.S.C. 1817(j)) and § competition, or gains in efficiency, that change in the substance or method of 225.41 of the Board’s Regulation Y (12 outweigh possible adverse effects, such collection. CFR 225.41) to acquire a bank or bank as undue concentration of resources, Title: Reports on Indebtedness of holding company. The factors that are decreased or unfair competition, Executive Officers and Principal considered in acting on notices are set conflicts of interests, or unsound Shareholders to Correspondent Banks forth in paragraph 7 of the Act (12 banking practices.’’ Any request for a and to Own Bank. U.S.C. 1817(j)(7)). hearing on this question must be Form Number: Form FFIEC 004. The notice is available for immediate accompanied by a statement of the OMB Number: 3064–0023. inspection at the Federal Reserve Bank reasons a written presentation would Expiration Date of OMB Clearance: indicated. Once the notice has been not suffice in lieu of a hearing, September 30, 1995. accepted for processing, it will also be identifying specifically any questions of Frequency of Response: On occasion. available for inspection at the offices of fact that are in dispute, summarizing the Respondents: Bank executive officers the Board of Governors. Interested evidence that would be presented at a and principal shareholders from persons may express their views in hearing, and indicating how the party either their own bank or writing to the Reserve Bank indicated commenting would be aggrieved by correspondent bank. for the notice or to the offices of the approval of the proposal. Number of Respondents: 28,044. Board of Governors. Comments must be Comments regarding the application Annual Hours per Respondent: 2. received not later than July 3, 1995. must be received at the Reserve Bank Total Annual Hours: 56,088. A. Federal Reserve Bank of indicated or the offices of the Board of OMB Reviewer: Milo Sunderhauf, (202) Richmond (Lloyd W. Bostian, Jr., Senior Governors not later than July 3, 1995. 395–7316, Office of Management and Vice President) 701 East Byrd Street, A. Federal Reserve Bank of Chicago Budget, Paperwork Reduction Project Richmond, Virginia 23261: (James A. Bluemle, Vice President) 230 (3064–0023), Washington, D.C. 20503. 1. Mr. Robert F. Long, Carlisle, South LaSalle Street, Chicago, Illinois FDIC Contact: Steven F. Hanft, (202) Pennsylvania; to acquire an additional 60690: 898–3907, Office of Executive 1.24 percent, for a total of 10.57 percent, 1. Marshall & Ilsley Corporation, Secretary, Room F–400, Federal of the voting shares of United Financial Milwaukee, Wisconsin; to acquire Deposit Insurance Corporation, 550 Banking Companies, Inc., Vienna, through its subsidiary, M&I Data 17th Street, NW., Washington, D.C. Virginia, and thereby indirectly acquire Services, Inc., Milwaukee, Wisconsin, 20429. The Business Bank, Vienna, Virginia. Mutual Services, Inc., Braintree, Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32013 Massachusetts, and thereby engage in DEPARTMENT OF HEALTH AND incentive program—to determine data processing services, pursuant to § HUMAN SERVICES countability and valuation of grantees’ 225.25(b)(7) of the Board’s Regulation Y. leveraged home energy resources, and Administration for Children and to determine grantees’ shares of Board of Governors of the Federal Reserve Families leveraging incentive funds. System, June 13, 1995. Respondents: States, Indian tribes, and Jennifer J. Johnson, Agency Information Collection Under territories. Deputy Secretary of the Board. OMB Review Annual Number of Respondents: 70 [FR Doc. 95–14890 Filed 6–16–95; 8:45 am] Title: Notice of Proposed Rulemaking sites. BILLING CODE 6210±01±F Number of responses per respondent: 1. (NPRM) for the Developmental Total annual responses: 70 sites. Disabilities Program. Hours per response: 40. OMB No.: N.A. Total Annual Burden Hours: 2,800. Totalbank Corporation of Florida; Description: The Developmental Formation of, Acquisition by, or Additional Information: Copies of the Disabilities Program provides proposed collection may be obtained Merger of Bank Holding Companies financial assistance through formula & from Bob Sargis of the Division of discretionary grant programs to States, Information Resource Management, The company listed in this notice has non-project organizations & to ACF, by calling (202) 690–7275. applied for the Board’s approval under universities. Information needs are OMB Comment: Consideration will be section 3 of the Bank Holding Company based on statutory requirements & given to comments and suggestions Act (12 U.S.C. 1842) and § 225.14 of the provides compliance progress received within 30 days of Board’s Regulation Y (12 CFR 225.14) to reporting and financial management publication. Written comments and become a bank holding company or to of the State plan, Protection & recommendations for the proposed acquire a bank or bank holding Advocacy System, University information collection should be sent company. The factors that are Affiliated Programs & Projects of directly to the following: Office of considered in acting on the applications National Significance. Management and Budget, Paperwork are set forth in section 3(c) of the Act Respondents: State Local or Tribal Reduction Project, 725 17th Street (12 U.S.C. 1842(c)). Government, and Not-for-Profit NW., Washington, DC 20503, Attn: Institutions. The application is available for Ms. Wendy Taylor. Annual Number of Respondents: 56 immediate inspection at the Federal sites. Dated: June 12, 1995. Reserve Bank indicated. Once the Number of responses per respondent: 1 Roberta Katson, application has been accepted for Total annual responses: 56 sites Acting Director, Office of Information processing, it will also be available for Hours per response: 50 Resource Management. inspection at the offices of the Board of Total Annual Burden Hours: 2,800 [FR Doc. 95–14856 Filed 6–16–95; 8:45 am] Governors. Interested persons may Additional Information: Copies of the BILLING CODE 4184±01±M express their views in writing to the proposed collection may be obtained Reserve Bank indicated for that from Bob Sargis of the Division of application or to the offices of the Board Information Resource Management, National Institutes of Health of Governors. Any comment on an ACF, by calling (202) 690–7275. Government-Owned Inventions; application that requests a hearing must OMB Comment: Consideration will be Availability for Licensing include a statement of why a written given to comments and suggestions presentation would not suffice in lieu of received within 30 days of AGENCY: National Institutes of Health, a hearing, identifying specifically any publication. Written comments and HHS. questions of fact that are in dispute and recommendations for the proposed ACTION: Notice. summarizing the evidence that would information collection should be sent be presented at a hearing. directly to the following: Office of The inventions listed below are Management and Budget, Paperwork owned by agencies of the U.S. Comments regarding this application Reduction Project, 725 17th Street Government and are available for must be received not later than July 13, NW., Washington, DC 20503, Attn: licensing in the U.S. in accordance with 1995. Ms. Wendy Taylor. 35 U.S.C. 207 to achieve expeditious commercialization of results of federally A. Federal Reserve Bank of Atlanta Dated: June 12, 1995. (Zane R. Kelley, Vice President) 104 funded research and development. Roberta Katson, Marietta Street, N.W., Atlanta, Georgia Foreign patent applications are filed on Acting Director, Office of Information 30303: selected inventions to extend market Resource Management. coverage for U.S. companies and may 1. Totalbank Corporation of Florida, [FR Doc. 95–14857 Filed 6–16–95; 8:45 am] also be available for licensing. Miami, Florida; to acquire 100 percent BILLING CODE 4184±01±M ADDRESSES: of the voting shares of Florida Licensing information and copies of the U.S. patent applications International Bank, Perrine, Florida. Agency Information Collection Under listed below may be obtained by writing Board of Governors of the Federal Reserve OMB Review to David Sadowski, Office of System, June 13, 1995. Technology Transfer, National Institutes Jennifer J. Johnson, Title: Low Income Home Energy of Health, 6011 Executive Boulevard, Deputy Secretary of the Board. Assistance Program LIHEAP Suite 325, Rockville, Maryland 20852– [FR Doc. 95–14891 Filed 6–16–95; 8:45 am] Leveraging Report. 3804 (telephone 301/496–7735 ext 288; OMB No.: 0970–0121. fax 301/402–0220). A signed BILLING CODE 6210±01±F Description: ACF needs this information Confidential Disclosure Agreement will to carry out statutory requirements for be required to receive copies of the administering the LIHEAP leveraging patent applications. 32014 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices Dental Implant Modification Main Advantages of Invention: surfaces of the workpiece to be Kisielewski, R.W., Hastings, C.K., Reduce worker exposure to hazardous positioned so that particles discharged McCarthy, G.R. (FDA) solvent vapors; reduce emission of by grinding or machining are directed Filed 19 Apr 95 hazardous vapors into the environment; toward a ventilation area at which the Serial No. 08/424,786. can be retrofitted onto existing dry discharged particles are removed. Potential Areas of Application: Description of the Invention: cleaning machines. Cleaning foundry castings; machining Implanted dental prostheses are Stage of Development: Conceptual only. [portfolio: Devices/ workpieces. subjected to large forces acting in Main Advantages of Invention: different directions within severely- Instrumentation—Environmental Technology, prevention, apparatus] Reduces worker exposure to hazardous limited space. Screw and/or nut particulate materials; easy to retrofit to connections, while useful in the An Integrating Sphere Which Delivers a existing ventilated workstations. construction of these prostheses, are Homogeneous Beam of Laser Light for Stage of Development: Prototype subject to relative rotations which can Use in Photodynamic Therapy built, tested, and evaluated. lead to undesirable loosening of the Smith, P.D., Cole, J., Harrington, F., Recent Publications: Abstract entitled implant at inopportune times. The Bernstein, E. (NCRR) ‘‘An Evaluation of a Local Exhaust present invention greatly inhibits the Filed 24 May 94 Ventilation Control System for Casting undesirable loosening of the dental Serial No. 08/248,918. Cleaning in a Foundry,’’ May 21–27 prosthesis by providing for a linear, Description of the Invention: An meeting of the American Industrial axial transmission of forces from the Hygiene Conference and Exhibition prosthesis to a tubular spacer and an irradiation attachment for an optical fiber which provides an output of light (1994); NTIS Technical Report. implanted base by the retaining nut. [portfolio: Devices/Instrumentation— This invention has the additional that has a highly uniform intensity. Frequently, optical fibers are used in Environmental Technology, equipment advantage of permitting relatively easy and machinery] retrofitting of existing dental prostheses illumination delivery systems. However, which were prone to failure due to in general the output from optical fibers Magnetic Resonance Monitor loosening when the retaining nut or is irregular due to a number of factors (Bowman, J.D., Engel, D.P. (NIOSH) screw turned under the forces normally which include: imprecise introduction Filed 29 Apr 94 found in previously available of light into the fiber; imperfect cleaving Serial No. 08/235,833. prostheses. or polishing of the fiber output face; and This invention relates to measurement Potential Areas of Application: distortions introduced by handling the of static and extremely low frequency Applicable to improvement of dental fiber. The inventive device simply magnetic fields. Further, it permits prostheses used world-wide; design attaches to the end of a delivery optical measurement of environmental adaptable to other prosthetic securing fiber and overcomes the irregularities magnetic fields which are in magnetic applications. and produces a uniform level of resonance with magnetic moments in a Main Advantages of Invention: illumination. The inventive device biological organism, particularly the Inexpensive to apply to existing permits uniform irradiation of human body. This invention overcomes prostheses; much improved functional irregularly shaped objects. deficiencies in current systems, such as: design. [portfolio: Dental Technology— Potential Areas of Application: only measuring oscillating magnetic Therapeutics, implants] Photodynamic therapy; treatment of fields, measuring static and oscillating psoriasis; uniform illumination of flat fields with Hall-effect or flux-gate Drycleaning Secondary Vapor Isolation and raised surfaces. and Removal System probes, and measuring static and Main Advantages of Invention: oscillating fields and all their Earnest, G.S., Froehlich, P.A. (NIOSH) Simple attachment to optical delivery characteristics without taking into Filed 27 Oct 94 fibers; hand held; uniform illumination consideration chemical and biological Serial No. 08/329,920. of flat and raised surfaces. effects. [portfolio: Devices/ Description of the Invention: A system Stage of Development: Prototype built Instrumentation—Environmental which reduces environmental emissions and tested on laboratory animals. Technology, methods of testing] and operator exposure to solvent vapors [portfolio: Devices/Instrumentation— Dated: June 8, 1995. associated with dry cleaning machines. Therapeutics, instruments] Dry cleaning solvents such as Barbara M. McGarey, Ventilated Casting Grinding Deputy Director, Office of Technology perchloroethylene are known to cause Workstation With Turntable liver and kidney damage and to Transfer. contribute to ozone depletion. Due to Gressel, M.G. (CDC) [FR Doc. 95–14899 Filed 6–16–95; 8:45 am] the operational nature of dry cleaning Filed 20 May 94 BILLING CODE 4140±01±P machines, which involves continuous Serial No. 08/247,181. loading and unloading, operators are Description of the Invention: A new exposed to solvent vapors which are ventilated workstation which reduces Government-Owned Inventions; emitted each time the machines are worker exposure to hazardous Availability for Licensing opened. The invention involves a particulate materials has been invented. AGENCY: National Institutes of Health, ventilation system which isolates, In conventional foundry casting HHS. contains and removes residual solvent operations, castings are cleaned by hand ACTION: Notice. vapors before a dry cleaning machine using pneumatic chipping and grinding chamber is opened. tools. The grinding and chipping of The inventions listed below are Potential Areas of Application: Closed sand burnt into the castings results in a owned by agencies of the U.S. circuit dry cleaning machines; discharge of respirable silica particles. Government and are available for exhausting dry cleaning machines; The workstation of the present licensing in the U.S. in accordance with single and multiple bath processing invention is equipped with a rotatable 35 U.S.C. 207 to achieve expeditious machines. workpiece holder which allows all commercialization of results of federally Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32015 funded research and development. conditioned and unconditioned signals. systems because it offers the ability to Foreign patent applications are filed on The patches process information to measure flow distributions with a hand- selected inventions to extend market achieve associative learning locally manipulated probe. [portfolio: Devices/ coverage for U.S. companies and may under rules designed for application- Instrumentation—Diagnostics, imaging, also be available for licensing. related goals of the system. This ultrasound] technology far exceeds the power and ADDRESSES: Licensing information and Method and System for utility of previous neural networks with copies of the U.S. patent applications Multidimensional Localization and features such as: rapid incremental listed below may be obtained by writing Rapid Magnetic Resonance learning without supervision, self to John Fahner-Vihtelic, Technology Spectroscopic Imaging Licensing Specialist, Office of organizing and insensitive to global Technology Transfer, National Institutes parameters, and associates extremely Posse, S., Le Bihan, D. (CC) Filed 15 Aug 94 of Health, 6011 Executive Boulevard, noisy and heterogeneous patterns. The utility of this technology has been Serial No. 08/290,348 (CIP of 08/ Suite 325, Rockville, Maryland 20852– 224,942). 3804 (telephone 301/496–7735 ext 285; proven with complex experimental A newly developed method and fax 301/402–0220). A signed applications. [portfolio: Devices/ system for multidimensional Confidential Disclosure Agreement will Instrumentation—Software, artificial localization and rapid magnetic be required to receive copies of the intelligence] resonance spectroscopic imaging allows patent applications. Fluorescent and NMR Sensitive for quicker, more accurate imaging of Production and Use of Anti-Dorsalizing Intracellular pH Indicators metabolites in biologic tissue. Nuclear Morphogenetic Protein London, R.E. Levy, L.A., Murphy, E., magnetic resonance (NMR) techniques Moos, M., Jr., Krinks, M., Wang, S. Gabel, S. (NIEHS) have long been used to obtain (FDA) Filed 11 Oct 94 spectroscopic information about Serial No. 08/320,986. Filed 8 Nov 94 substances in order to reveal the Serial No. 08/335,583. This invention discloses compositions substance’s chemical composition. More and methods useful for measuring pH. recently, spectroscopic imaging In recent years, a number of members Specifically, this invention teaches the techniques have been developed that of the TGF–β superfamily have been measurement of intracellular pH and a combine magnetic resonance imaging discovered which serve as growth new class of fluorescent and fluorinated (MRI) with NMR spectroscopic factors in the development of bone, or (NMR sensitive) aromatic compounds. techniques, thus providing a spacial participate in a variety of developmental These compounds have excitation image of the chemical composition; processes. This case discloses a novel wavelengths in the ultraviolet or visible however, previously available member of the TGF–β superfamily, portions of the electromagnetic techniques for making such designated Anti-dorsalizing spectrum. In addition to being useful for measurements have been hampered by morphogenetic protein-1, or ADMP–1. pH indicators, fluorine containing limitations in prelocalization of samples ADMP–1 is most closely related to analogs of these compounds have due to long echo times as well as long human bone morphogenetic protein-3, shown utility for NMR spectroscopic data acquisition times. Most of these and counters dorsalizing influences determinations. The present invention systems often generate spectral as well during development. ADMP–1 can be overcomes the disadvantages of pk as spacial data due to the long echo used as a pharmaceutical to treat values that are not matched to the times, and their localization techniques inappropriate proliferation of neural cytosol, leaking, and binding to cellular are not applicable to acquiring multiple- crest derivative tissues, such as protein, found in current fluorescent volume data from nuclei that have short neuroblastomas, as well as a probe for intracellular pH probes. [portfolio: T2 relaxation times. This new system finding and cloning other ADMPs. The Internal Medicine—Diagnostics, circumvents these limitations by case claims isolated ADMP–1, imaging, agents] applying pulse sequence to a pharmaceutical preparations employing conventional MRI apparatus, which ADMP–1, diagnosis of genetic lesions Method and System for Doppler allows the rapid acquisition of data for involving this protein, and methods of Ultrasound Measurement of Blood Flow generating spectroscopic images and treatment of conditions involving Adam, D.R., Kempner, K.M., Vivino, greatly shortens the echo time. Spatial inappropriate proliferation of tissues by M.A., Tucker, E.E., Jones, M. (DCRT) prelocalization of a volume of interest is administering ADMP-l. [portfolio: Filed 24 Sep 94 achieved by providing a presuppression Cancer—Research Reagents] Serial No. 08/300,718 sequence before a stimulated echo (STE) This invention discloses a system and Improvements in the Ability of Neural sequence and a suppression sequence method for providing Doppler flow Networks, Particularly Dystal, To before the interval of the STE sequence. velocity data that is corrected for Distinguish Among Small Differences in [portfolio: Devices/Instrumentation— misalignment between the flow Similar Inputs Diagnostics, imaging apparatus, MRI] direction within a vessel and the beam Alkon, D.L., Vogl, T.P. (NINDS) orientation of the ultrasound probe. A Method and System For MRI Detection Filed 14 Nov 94 conventional ultrasonic Doppler color of Abnormal Blood Flow Serial No. 08/331,554. mapping system was adapted to include This application describes a powerful an apparatus to measure and record the Moonen, C.T., Duyn, J., van Gelderen, P. associative learning neural network free space position and orientation of (NCRR) system and improvements designed to the ultrasonic probe. A set of 2D image Filed 5 Aug 94 enhance decision making. This planes, which need not be parallel, is invention consists of a basic acquired. A structural representation Serial No. 08/286,783. architectural unit of certain inputs and derived from the acquired data is used The present invention disclosure outputs. Interposed between inputs and to determine the flow direction for the describes a magnetic resonance imaging outputs are ‘‘patches’’ or storage areas of imaged vessel. This apparatus and system and method for detecting blood dynamic interaction between method has advantages over other flow abnormalities. This is 32016 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices accomplished by determining the time Method To Enhance the Sensitivity of license for the use of cyclodextrin delay for the arrival of a bolus of MR MRI for Magnetic Susceptibility Effects technology in combination with ‘‘drug contrast agent into a localized region of Moonen, C.T. (NCRR) actives’’ that are approved for a tissue. This arrival is observed in a Filed 13 Aug 93 particular use by the Food and Drug series of magnetic resonance signals Serial No. 08/106,372 (CIP of 07/ Administration (FDA) if the drug active obtained subsequent to the bolus 841,994). itself or its FDA-approved use is injection. A rapid series of imaging covered by a U.S. patent. A novel fast-imaging method resulting pulse sequences acquires the time NIH intends to grant the selected in enhanced sensitivity to T2* changes development of the signal from the firm(s) royalty-bearing license(s) to was developed. This new technique is localized regions within the imaged practice the inventions embodied in unlike other methods in that it is based field of view of the body. The arrival U.S. Patent 4,727,064 in the U.S. for all on gradient-recalled echoes of spins time for the bolus into a given localized or some of the available fields of use. whose excitation and echo formation are region is determined from the acquired The patent rights in these inventions separated by one or more TR period. It time data, and the relative arrival time have been assigned to the United States does not require chemical shift among regions in the imaged field of of America. refocusing and, thus, results in view indicated whether there is SUPPLEMENTARY INFORMATION: The NIH increased T2* sensitivity. The new decreased blood flow to certain areas. seeks licensee(s), who in accordance method improves the ability of This method and system has the with requirements and regulations functional MRI based on T2* effects. potential to replace some of the invasive governing the licensing of government- [portfolio: Devices/Instrumentation— procedures now in use to determine owned inventions (37 CFR Part 404), Diagnostics, imaging methods] blood flow through certain body tissues. have the most meritorious plan for the [portfolio: Devices/Instrumentation— Dated: June 8, 1995. development of the cyclodextrin Diagnostics, imaging, methods] Barbara M. McGarey, J.D. technology to a marketable status to DNA Sequence Which Acts as a Deputy Director, Office of Technology meet the needs of the public and with Chromatin Insulator Element To Protect Transfer. the best terms for the NIH. The criteria Expressed Genes From Cis-Acting [FR Doc. 95–14897 Filed 6–16–95; 8:45 am] that NIH will use to evaluate license Regulatory Sequences BILLING CODE 4140±01±P applications will include, but not be limited to those set forth by 37 CFR Chung, J., Felsenfeld, G. (NIDDK) 404.7(a)(1)(ii)–(iv). Filed 29 Jul 94 Opportunity for Licensing: ADDRESSES: Requests for a copy of the Serial No. 08/283,125 (CIP of 08/ Pharmaceutical Preparations patent, license application form, or 045,266). Containing Cyclodextrin Derivatives other questions and comments Novel method of insulating functional concerning the licensing of this AGENCY: National Institutes of Health, DNA domains introduced into higher technology should be directed to: Carol Public Health Service, DHHS. leukaryotic cells from the effects of the C. Lavrich, Technology Licensing cell’s cisacting regulatory elements. The ACTION: Notice. Specialist, Office of Technology invention represents the first pure Transfer, National Institutes of Health, insulator to be demonstrated to function SUMMARY: The National Institutes of Health (NIH), Department of Health and 6011 Executive Boulevard, Suite 325, in human cells. The element promises Rockville, Maryland 20852–3804; to be a useful tool in gene therapy, gene Human Services, seeks licensee(s) for U.S. Patent 4,727,064, entitled telephone: 301/496–7735 ext 287; fax: transfer techniques, and studies 301/402–0220. involving gene regulation and other ‘‘Pharmaceutical Preparations gene expression technologies. [portfolio: Containing Cyclodextrin Derivatives,’’ Dated: June 5, 1995. Cancer—Therapeutics, gene therapy] which issued February 23, 1988. This Barbara M. McGarey, invention describes a method of Deputy Director, Office of Technology Spectroscopic Imaging Device improvement of pharmaceutical Transfer. Employing Quality Spectral Filters preparations which comprises the [FR Doc. 95–14898 Filed 6–16–95; 8:45 am] Lewis, E.N., Levin, I.W., Treado, P.J. addition of crystalline drugs with BILLING CODE 4140±01±P (NIDDK) substantially low solubility to Serial No. 08/236,655 cyclodextrin compounds which are Patent Issued 27 Dec 94 water soluble, have the ability to form Office of Inspector General U.S. Patent No. 5,377,003. inclusion complexes with the drugs in This novel imaging device, which question, and are intrinsically Program Exclusions: May 1995 integrates both light microscopy and amorphous and substantially decrease AGENCY: Office of Inspector General, spectroscopy, allows for the cost- the tendency of the drug to crystallize. HHS. effective development of high-resolution This U.S. Patent had been exclusively ACTION: Notice of program exclusions. spatial, chemical, and spectral images. It licensed to Pharmatec Inc. and Cyclex provides a rapid means for examining Inc. (see Federal Register of September During the month of May 1995, the and collecting large format images from 10, 1987—52 FR 34268) by the National HHS Office of Inspector General vibrational and visible spectra in a Technical Information Service (NTIS). imposed exclusions in the cases set three-dimensional sample. It is superior The period of general exclusivity forth below. When an exclusion is to current equipment because it has no provided under the NTIS agreements imposed, no program payment is made moving parts. This device may be used has expired and the patent is now to anyone for any items or services as a tool for the characterization of available for licensing. NTIS has (other than an emergency item or polymers and semiconductors and has transferred custody of this case to NIH service not provided in a hospital potential as a diagnostic tool for clinical and NIH has the right to grant emergency room) furnished, ordered or analysis of histologic materials. nonexclusive or exclusive licenses to prescribed by an excluded party under [portfolio: Devices/Instrumentation— this patent in most fields of use. In the Medicare, Medicaid, Maternal and Diagnostics, imaging, spectroscopy] particular, NIH can grant an exclusive Child Health Services Block Grant and Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32017 Block Grants to States for Social Effective Effective Services programs. In addition, no Subject city, state date Subject city, state date program payment is made to any business or facility, e.g., a hospital, that Controlled substance convictions: Bottorff, Douglas J ...... 06/04/95 submits bills for payment for items or Arnold, John Jacob ...... 06/05/95 Kansas City, MO. Curwensville, PA. Boyer, Glenn D ...... 06/07/95 services provided by an excluded party. Han, Sum Kyung ...... 06/05/95 Dania, FL. Program beneficiaries remain free to Pittsburgh, PA. Burch, Gregory D ...... 06/01/95 decide for themselves whether they will Haver, Joseph B ...... 06/05/95 Riverside, CA. continue to use the services of an Punxsutawney, PA. Byrd, Daryl C ...... 06/01/95 excluded party even though no program License revocation/suspension/ New Orleans, LA. payments will be made for items and surrender: Collins, Henry L ...... 05/16/95 services provided by that excluded Black, James Rutherford II ...... 06/05/95 Chicago, IL. party. The exclusions have national Birmingham, AL. Cooley, Stephen L ...... 06/01/95 Cohen, Teddy Alan Alexandria, Estes Park, CO. effect and also apply to all other Federal VA ...... 06/05/95 Coronado, Rudolph K ...... 06/14/95 non-procurement programs. Cordovani, John J ...... 06/05/95 Pembroke, NC. Alexandria, VA. Desantis, Nicholas G ...... 06/01/95 Subject city, state Effective Domino, Constance M ...... 06/07/95 La Mesa, CA. date Minneapolis, MN. Downes, John W ...... 06/14/95 Ferrari, Francis M ...... 06/05/95 Kennesaw, GA. Program-related convictions: Kearny, NJ. Drier, Yolanda J ...... 06/14/95 Boucher, Dana ...... 06/05/95 Franklin, Gerald S ...... 06/05/95 Ormond Beach, FL. Old Orchard Bch, ME. Amherst, MA. Ellis, Cynthia E (Harris) ...... 06/01/95 BZM Royalty, Inc ...... 06/05/95 Hensrud, Mary J ...... 06/07/95 Austin, TX. Bronx, NY. Minneapolis, MN. Gallagher, Tamara G ...... 06/01/95 Corcoran, William ...... 06/05/95 Irisari, Oscar Solidum ...... 06/05/95 Chino, CA. Mastic Beach, NY. Moundsville, WV. Gidowski, Frank W ...... 06/01/95 Culala, Pascual R ...... 06/01/95 Kabir, David I ...... 06/05/95 Sun City West, AZ. Saratoga, CA. Alexandria, VA. Glenn, John Asbury Jr ...... 06/14/95 Enriquez, Norma V ...... 06/01/95 Limberopoulos, William M ...... 06/05/95 Eastman, GA. Vallejo, CA. Pelham, NH. Glum, Gary L ...... 06/01/95 Ferrand, Denis Christopher ...... 06/04/95 Los Angeles, CA. Rockford, MI. Lyng, Gwendolyn A ...... 06/07/95 Goodman, William D ...... 06/01/95 Fomenko, Svetlana ...... 06/05/95 Winsted, MN. Brooklyn, NY. Marcotuli, Alfonso A ...... 06/05/95 Magnolia, AR. Galluzzo, Alfred J ...... 06/04/95 New Castle, PA. Greene, David Allan ...... 06/01/95 Janesville, WI. Michael, James C ...... 06/05/95 Santa Maria, CA. Gard, Rosie A ...... 06/04/95 Newport, RI. Greenwald, Lewis A ...... 06/07/95 Edmund, WI. Mikesell, Stacey L ...... 06/05/95 N Miami Beach, FL. Lane, Timothy J ...... 06/05/95 Newton, MA. Hahn, Peter S ...... 06/01/95 Jacksonville, FL. Musikant, David S ...... 06/05/95 Placentia, CA. Law, Daniel ...... 06/04/95 Paoli, PA. Harcus, James M ...... 06/04/95 Greenfield, WI. Zajac, William ...... 06/05/95 Chicago, IL. Makowski, Dennis Edward ...... 06/04/95 Thompson, CT. Harrison, Rodney B ...... 06/01/95 Troy, MI. Federal/State exclusion/suspen- Montclair, CA. Sanders, Denise ...... 06/05/95 sion: Headley, Patricia D ...... 06/01/95 Sickerville, NJ. Arrillaga, Abenamar ...... 06/05/95 Tonkawa, OK. Schwartz, Isaac ...... 06/05/95 New York, NY. Herber, Harry A ...... 06/01/95 Lawrence, NY. Bakhtiar, Farhang ...... 06/05/95 Grover City, CA. Super Care Medical Supplies, Woodbury, NY. Herbst, Stephen H ...... 06/04/95 Broadview, IL ...... 06/04/95 Easycare Home Medical Winona, MO. Patient Abuse/Neglect Convic- Equipmnt ...... 06/05/95 Hubon, Joyce A Lender ...... 06/01/95 tions: Congers, NY. Anaheim, CA. Altreche, Arturo ...... 06/05/95 Holle, Cheryl L ...... 06/01/95 Husbands, Michael L ...... 06/01/95 Brooklyn, NY. Concordia, KS. Corona, CA. Close, Ann ...... 06/05/95 Ram, Moorthy S ...... 06/05/95 Jacobson, Robert ...... 06/05/95 Salem, MA. Wheeling, WV. Queens, NY. Cooper, Mary L ...... 06/01/95 Owned/Controlled by Convicted/ Kelly, Mark S ...... 06/01/95 Little Rock, AR. excluded: Chino, CA. Gadley, Loretta ...... 06/05/95 Eye Physicians & Surgeons Landrum, Keith ...... 06/01/95 Lackawana, NY. Corp ...... 06/05/95 Hawthorne, CA. Jones, Dawn M ...... 06/05/95 S Charleston, WV. Lillie, Richard W ...... 06/01/95 Troy, AL. Eye Physicians & Surgeons San Dimas, CA. Lancour, Howard M ...... 06/05/95 Corp ...... 06/05/95 Lowy-Berry, Christine L ...... 06/01/95 Montpelier, VT. S Charleston, WV. Glendora, CA. Sevillano, Marta A ...... 06/05/95 Default on heal loan: Lyons, Glynnis J ...... 06/07/95 Framingham, MA. Abbott, Brian L ...... 06/05/95 Tampa, FL. Vlcko, Peter B ...... 06/04/95 Nyack, NY. Mahar, Deborah Zeitsoff ...... 06/01/95 Bloomfield Hills, MI. Alexander, Marsha ...... 06/01/95 Costa Mesa, CA. Williams, Ronald ...... 06/04/95 Rio Vista, CA. Mandracchia, Philip A ...... 06/05/95 Detroit, MI. Amouhashem, Parvin ...... 06/05/95 Palm Beach Gardens, FL. Conviction for health care fraud: Alexandria, VA. Martin, Craig S ...... 06/14/95 Garone, Deanna ...... 06/05/95 Basedow, William K ...... 06/04/95 Athens, GA. Howard Beach, NY. Saint Marys, OH. McKinney, Laurence T ...... 05/12/95 Ucer, Erol ...... 06/04/95 Berry, Linda R ...... 06/05/95 Hilo, HI. Grand Blanc, MI. Johnston, RI. Mendelson, Sol ...... 06/01/95 32018 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices DEPARTMENT OF HOUSING AND information collection proposal; (2) the Subject city, state Effective date URBAN DEVELOPMENT office of the agency to collect the information; (3) the description of the Alta Loma, CA. Office of Administration need for the information and its Michals, Robert H ...... 06/01/95 proposed use; (4) the agency form Aurora, CO. [Docket No. N±95±3924] Miller, Harry Matthew ...... 06/05/95 number, if applicable; (5) what members Linwood, NJ. Notice of Submission of Proposed of the public will be affected by the Moore, Edwin William ...... 06/01/95 Information Collections to OMB proposal; (6) an estimate of the total Long Beach, CA. number of hours needed to prepare the O'Leary, Molly M ...... 06/04/95 AGENCY: Office of Administration, HUD. information submission including Kansas City, MO. ACTION: Notices. number of respondents, frequency of Orr, William S ...... 06/01/95 response, and hours of response; (7) Canon City, CO. SUMMARY: The proposed information whether the proposal is new or an Perry, Keith O ...... 06/01/95 collection requirements described below Los Angeles, CA. extension reinstatement, or revision of have been submitted to the Office of an information collection requirement; Rose, Stefan ...... 06/07/95 Management and Budget (OMB) for Miami, FL. and (8) the names and telephone Shaw, Michael P ...... 06/01/95 review, as required by the Paperwork numbers of an agency official familiar Fremont, CA. Reduction Act. The Department is with the proposal and of the OMB Desk Shelby-Calvin, Rosetta Marie ... 06/01/95 soliciting public comment on the Officer for the Department. Little Rock, AR. subject proposals. Authority: Section 3507 of the Paperwork Shin, Hui-Yong ...... 06/01/95 ADDRESSES: Interested persons are Reduction Act, 44 U.S.C. 3507; Section 7(d) Los Angeles, CA. invited to submit comments regarding Somlar, Steven C ...... 06/04/95 of the Department of Housing and Urban Chicago, IL. these proposals. Comments must be Development Act, 42 U.S.C. 3535(d). Stanton, Lawrence P ...... 06/01/95 received within thirty (30) days from the Dated: June 12, 1995 date of this Notice. Comments should Seattle, WA. David S. Christy, Staples-Horne, Michelle J ...... 06/05/95 refer to the proposal by name and Ellenwood, GA. should be sent to: Joseph F. Lackey, Jr., Director, Information Resources Management Stewart, Mark I ...... 06/05/95 OMB Desk Officer, Office of Policy and Management Division. Savannah, GA. Management and Budget, New Notice of Submission of Proposed Teusink, Scott H ...... 06/05/95 Executive Office Building, Washington, Information Collection to OMB Staten Island, NY. DC 20503. Thomas, Lindwall A ...... 06/05/95 Proposal: Survey of Mortgage Lending Silver Spring, MD. FOR FURTHER INFORMATION CONTACT: Key Volk, Anthony M ...... 06/01/95 F. Weaver, Reports Management Officer, Activity. Pappillion, NE. Department of Housing and Urban Office: Housing. Wade, Eric V ...... 06/01/95 Development, 451 7th Street, Description of the Need for the Tyler, TX. Southwest, Washington, DC 20410, Information and its Proposed Use: The West, Marvin L ...... 06/14/95 telephone (202) 708–0050. This is not a Montgomery, AL. surveys will be used to obtain Westing, Denise D ...... 06/01/95 toll-free number. Copies of the proposed information on the developments in the Alameda, CA. forms and other available documents mortgage market. They will be used to Wright, Richard O ...... 06/05/95 submitted to OMB may be obtained monitor such developments and to Virginia Beach, VA. from Ms. Weaver. provide statistical data to Federal, state, SUPPLEMENTARY INFORMATION: The and non-governmental entities. Dated: June 7, 1995. Department has submitted the proposals Form Number: HUD–136.1 through William M. Libercci, for the collections of information, as HUD–136.5. Director, Health Care Administrative described below, to OMB for review, as Sanctions, Office of Civil Fraud and required by the Paperwork Reduction Respondents: State, Local, or Tribal Administrative Adjudication. Act (44 U.S.C. Chapter). Government, Business or Other For- [FR Doc. 95–14912 Filed 6–16–95; 8:45 am] The Notices list the following Profit, and the Federal Government. BILLING CODE 4150±04±P information: (1) The title of the Reporting Burden: Number of re- × Frequency of × Hours per Burden spondents response response = hours Surveys ...... 616 12 1.50 11,832 Total Estimated Burden Hours: Notice of Submission of Proposed continue immediate payment of taxes. 11,832. Information Collection to OMB The form will also verify the taxes paid Status: Extension with changes. Proposal: Statement of Taxes. when the lender’s claim is audited for Office: Housing. insurance benefits. Contact: John N. Dickie, HUD, (202) Description of the Need for the Form Number: HUD–434. 755–7470; Michael C. Wells, HUD, (202) Information and Its Proposed Use: Form 755–7470; Joseph F. Lackey, Jr., OMB, HUD–434 will be used by the Respondents: State, Local or Tribal (202) 395–7316. Department to record the necessary Government, Businesses or Other For- Dated: June 12, 1995. information pertaining to taxes to enable Profit, and the Federal Government. HUD to establish its tax records and to Reporting Burden: Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32019 Number of re- × Frequency of × Hours per Burden spondents response response = hours Form HUD±434 ...... 250 1 .5 125 Total Estimated Burden Hours: 125. Executive Office Building, Washington, an information collection requirement, Status: Extension with changes. DC 20503. and (8) the names and telephone Contact: Gary G. Zimmerman, HUD, FOR FURTHER INFORMATION CONTACT: numbers of an agency official familiar (202) 401–2168; Joseph F. Lackey, Jr., Kay F. Weaver, Reports Management with the proposal and of the OMB Desk OMB, (202) 395–7316. Officer, Department of Housing and Officer for the Department. Dated June 12, 1995. Urban Development, 451 7th Street, Authority: Section 3507 of the Paperwork [FR Doc. 95–14930 Filed 6–16–95; 8:45 am] Southwest, Washington, DC 20410, Reduction Act, 44 U.S.C. 3507; Section 7(d) BILLING CODE 4210±01±M telephone (202) 708–0050. This is not a of the Department of Housing and Urban toll-free number. Copies of the proposed Development Act, 42 U.S.C. 3535(d). forms and other available documents Dated: June 12, 1995. [Docket No. FR±3655±N±02] submitted to OMB may be obtained David S. Cristy, from Ms. Weaver. Notice of Submission of Proposed Director, Information Resources Management SUPPLEMENTARY INFORMATION: Information Collection to OMB The Policy and Management Division. Department has submitted the proposal Notice of Submission of Proposed AGENCY: Office of Administration, HUD. for the collection of information, as Information Collection to OMB ACTION: Notice. described below, to OMB for review, as required by the Paperwork Reduction Proposal: HUD Condominium ‘‘Spot SUMMARY: The proposed information Act (44 U.S.C. Chapter 35). Loan’’ Checklist and Warranty (FR– collection requirement described below The Notice lists the following 3655). has been submitted to the Office of information: (1) The title of the Office: Housing. Management and Budget (OMB) for information collection proposal; (2) the Description of the Need for the review, as required by the Paperwork office of the agency to collect the Information and Its Proposed Use: The Reduction Act. The Department is information; (3) the description of the Condominium Spot Loan program soliciting public comments on the need for the information and its permits the Department to insure subject proposal. proposed use; (4) the agency form mortgages in viable condominium ADDRESSES: Interested persons are number, if applicable; (5) what members projects that do not have HUD or VA invited to submit comments regarding of the public will be affected by the approval. Lenders will use this form to this proposal. Comments must be proposal; (6) an estimate of the total determine a single unit’s eligibility for received within thirty (30) days from the number of hours needed to prepare the FHA mortgage insurance. date of this Notice. Comments should information submission including refer to the proposal by name and number of respondents, frequency of Form Number: None. should be sent to: Joseph F. Lackey, Jr., response, and hours of response; (7) Respondents: Businesses or Other OMB Desk Officer, Office of whether the proposal is new or an For-Profit. Management and Budget, New extension, reinstatement, or revision of Reporting Burden: Number of re- × Frequency of × Hours per Burden spondents response response = hours Information Collection ...... 2,000 1 .1 200 Total Estimated Burden Hours: 200. ACTION: Notice of a Computer Matching Department of Education (ED) to utilize Status: New. Program between HUD and the a computer information system of HUD, Department of Education (ED). the Credit Alert Interactive Voice Contact: Susan Hoyer, HUD, (202) Response System (CAIVRS), with ED’s 708–2700; Joseph F. Lackey, Jr., OMB, SUMMARY: In accordance with the debtor files. This match will allow (202) 395–7316. Privacy Act of 1974 (5 U.S.C. 552a), as prescreening of applicants for loans or Dated: June 12, 1995. amended by the Computer Matching loans guaranteed by the Federal [FR Doc. 95–14932 Filed 6–16–95; 8:45 am] and Privacy Protection Act of 1988, as Government to ascertain if the applicant is delinquent in paying a debt owed to BILLING CODE 4210±01±M amended, (Pub. L. 100–503), and the Office of Management and Budget or insured by the Federal Government (OMB) Guidelines on the Conduct of for HUD or ED direct or guaranteed Office of the Assistant Secretary for Matching Programs (54 FR 25818 (June loans. Administration 19, 1989)), and OMB Bulletin 89–22, Before granting a loan, the lending ‘‘Instructions on Reporting Computer agency and/or the authorized lending [Docket No. FR±3918±N±02] Matching Programs to the Office of institution will be able to interrogate the Management and Budget (OMB), CAIVRS debtor file which contains the Privacy Act of 1974; Computer Congress and the Public,’’ the Social Security Numbers (SSNs) of Matching Program Department of Housing and Urban HUD’s delinquent debtors and Development (HUD) is issuing a public defaulters and defaulted debtor records AGENCY: Office of the Assistant notice of its intent to conduct a of ED and verify that the loan applicant Secretary for Administration, (HUD). computer matching program with the is not in default or delinquent on direct 32020 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices or guaranteed loans of participating Authority of records. ED’s data contain Federal programs of either agency. The matching program may be information on individuals who have Authorized users place a telephone call conducted pursuant to Pub. L. 100–503, defaulted on their guaranteed loans. ED to the system. The system provides a ‘‘The Computer Matching and Privacy will retain ownership and responsibility recorded message followed by a series of Protection Act of 1988,’’ as amended, for their systems of records that they instructions, one of which is a and Office of Management and Budget place with HUD. HUD serves only as a requirement for the SSN of the loan (OMB) Circulars A–129 (Managing record location and routine use applicant. The system then reports Federal Credit Programs) and A–70 recipient for ED’s data. audibly whether the SSN is related to (Policies and Guidelines for Federal Notice Procedures delinquent or defaulted Federal Credit Programs). One of the purposes of obligations for HUD or ED direct or all Executive departments and HUD and ED will notify individuals at guaranteed loans. As a result of the agencies—including HUD—is to information produced by this match, the the time of application (ensuring that implement efficient management routine use appears on the application authorized users may not deny, practices for Federal credit programs. terminate, or make a final decision of form) for guaranteed or direct loans that OMB Circulars A–129 and A–70 were their records will be matched to any loan assistance to an applicant or issued under the authority of the Budget take other adverse action against such determine whether they are delinquent and Accounting Act of 1921, as or in default on a Federal debt. HUD applicant, until an officer or employee amended; the Budget and Accounting and ED will also publish notices of such agency has independently Act of 1950, as amended; the Debt concerning routine use disclosures in verified such information. Collection Act of 1982, as amended; the Federal Register to inform EFFECTIVE DATE: Computer matching is and, the Deficit Reduction Act of 1984, expected to begin July 19, 1995 and as amended. individuals that a computer match may unless comments are received which be performed to determine a loan will result in a contrary determination, Objectives To Be Met by the matching applicant’s credit status with the will be accomplished 18 months from program Federal Government. the beginning date. The matching program will allow ED Categories of records/individuals FOR PRIVACY ACT INFORMATION CONTACT: access to a system which permits involved Jeanette Smith, Departmental privacy prescreening of applicants for loans or Act Officer, Department of Housing and loans guaranteed by the Federal The debtor records include these data Urban Development, 451 7th St., SW, Government to ascertain if the applicant elements: SSN, claim number, ED room 4178, Washington, DC 20410, is delinquent in paying a debt owed to Regional Office Code, Collection Agency telephone number (202) 708–2374. [This or insured by the Government. In Code, program code, and indication of is not a toll-free telephone number.] addition, HUD will be provided access indebtedness. Categories of records to ED debtor data for prescreening include: Record of claims and defaults, FOR FURTHER INFORMATION FROM purposes. RECIPIENT AGENCY CONTACT: Joseph repayment agreements, credit reports, McCloskey, Director, Control and Records To Be Matched financial statements, and records of Analysis Division, Department of HUD will utilize its system of records foreclosures. Categories of individuals Housing and Urban Development, 451 entitled HUD/DEPT–2, Accounting include: Former mortgagors and 7th Street SW., room 2246, Washington, Records. The debtor files for HUD purchasers of HUD-owned properties, DC 20410, telephone number (202) 708– programs involved are included in this manufactured (mobile) home and home 2438. [This is not a toll-free number.] system of records. HUD’s debtor files improvement loan debtors who are FOR FURTHER INFORMATION FROM SOURCE contain information on borrowers and delinquent or in default on their loans, AGENCY CONTACT: Adara Walton, Branch co-borrowers who are currently in and rehabilitation loan debtors who are Chief, Student Receivables Division, default (at least 90 days delinquent on delinquent or in default on their loans. Department of Education, Regional their loans); or who have any Period of the Match Office Building, 7th & D Streets SW, outstanding claims paid during the last Washington, DC 20202, telephone three years on Title II insured or Matching will begin at least 40 days number (202) 708–4766. [This is not a guaranteed home mortgage loans; or from the date copies of the signed (by toll-free number.] individuals who have defaulted on both Data Integrity Boards) computer Section 312 rehabilitation loans; or Reporting matching agreement are sent to both individuals who have had a claim paid Houses of Congress or at least 30 days In accordance with Public Law 100– in the last three years on a Title I loan. from a date this Notice is published in 503, the Computer Matching and For the CAIVRs match, HUD/DEPT–2, the Federal Register, whichever is later, Privacy Protection Act of 1988, as System of Records, receives its program providing no comments are received amended, and Office of Management inputs from HUD/DEPT–28, Property which would result in a contrary and Budget Bulletin 89–22, Improvement and Manufactured determination. ‘‘Instructions on Reporting Computer (Mobile) Home Loans—Default; HUD/ Matching Programs to the Office of DEPT–32, Delinquent/Default/Assigned Issued at Washington, DC, June 13, 1995. Management and Budget (OMB), Temporary Mortgage Assistance Marilynn A. Davis, Congress and the Public;’’ copies of this Payments (TMAP) Program; and HUD/ Assistant Secretary for Administration. Notice and report, in duplicate, are CPD–1, Rehabilitation Loans— [FR Doc. 95–14929 Filed 6–16–95; 8:45 am] being provided to the Committee on Delinquent/Default. Governmental Affairs of the United ED will provide HUD with debtor files BILLING CODE 4210±01±M States Senate, the Committee on contained in its system of records. HUD Government Reform and Oversight of is maintaining ED’s records only as a the House of Representatives, and the ministerial action on behalf of ED, not Office of Management and Budget. as a part of HUD’s HUD/DEPT–2 system Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32021 DEPARTMENT OF THE INTERIOR 10, 1995. The remainder of the Notice the The News-Record of Gillette, WY, of Invitation remains unchanged. once each week for two consecutive Bureau of Land Management Pamela J. Lewis, weeks beginning the week of June 19, Supervisory Land Law Examiner. 1995, and in the Federal Register. Any [WY±920±05±1320±01; WYW136502] [FR Doc. 95–14642 Filed 6–16–95; 8:45 am] party electing to participate in this BILLING CODE 4310±22±P exploration program must send written Wyoming; Bridger Coal Co.; notice to both the Bureau of Land Exploration License Management and Kerr-McGee Coal [WY±920±05±1320±01; WYW136559] Corp. no later than thirty days after June 9, 1995. publication of this invitation in the Wyoming; Invitation for Coal Federal Register. The written notice AGENCY: Bureau of Land Management, Exploration License Interior. should be sent to the following June 9, 1995. addresses: Kerr-McGee Coal Corp., Attn: ACTION: Notice of Correction—Bridger AGENCY: Bureau of Land Management, John W. Coleman, MT–2205, 123 Robert Coal Co. Exploration License. Interior. S. Kerr Avenue, Oklahoma City, OK ACTION: Notice of invitation for coal 73102, and the Bureau of Land SUMMARY: This notice corrects an error exploration license. Management, Wyoming State Office, in the legal description for a Notice of Home Base Chief, Minerals and Lands Invitation for Coal Exploration License SUMMARY: Pursuant to section 2(b) of the Authorization Group, P.O. Box 1828, WYW136502 previously published in Mineral Leasing Act of February 25, Cheyenne, WY 82003. the Federal Register June 2, 1995 (60 FR 1920, as amended by section 4 of the The foregoing is published in the 28792). The legal land description is Federal Coal Leasing Amendments Act Federal Register pursuant to 43 CFR changed to read T. 20 N., R. 100 W., 6th of 1976, 90 Stat. 1083, 30 U.S.C. 201 (b), 3410.2–1(c)(1). P.M., Wyoming, instead of T. 40 N., R. and to the regulations adopted as Pamela J. Lewis, 100 W., 6th P.M. The remainder of the Subpart 3410, Title 43, Code of Federal Supervisory Land Law Examiner. Notice of Invitation remains unchanged. Regulations, all interested parties are [FR Doc. 95–14640 Filed 6–16–95; 8:45 am] hereby invited to participate with Kerr- Pamela J. Lewis, BILLING CODE 4310±22±P Supervisory Land Law Examiner. McGee Coal Corp. on a pro rata cost sharing basis in its program for the [FR Doc. 95–14641 Filed 6–16–95; 8:45 am] exploration of coal deposits owned by [CO±935±1430±01; COC34289] BILLING CODE 4310±22±P the United State of America in the following-described lands in Campbell Realty Action: Section 302 Lease; County, WY: Classification in Grant County, Colorado [WY±920±05±1320±01; WYW136504] T. 43 N., R. 70 W., 6th P.M., Wyoming, Sec. 4: Lots 8, 9, 15–18; AGENCY: Bureau of Land Management, Wyoming Cordero Coal Co.; Sec. 5: Lots 5–20; Department of the Interior. Exploration License Sec. 6: Lots 8–23; Sec. 7: Lots 5–7, N2 of Lot 8, 9–12, N2 and ACTION: Notice of realty action. SE of Lot 13, NE of Lot 19; AGENCY: Bureau of Land Management, SUMMARY: In response to a request from Interior. Sec. 8: Lots 1–16; Sec. 9: Lots 3–6, 11–14; the Silver Creek Ski Area, Colorado, the ACTION: Notice of correction—Cordero T. 43 N., R. 71 W., 6th P.M., Wyoming; following public lands have been Coal Co. Exploration License. Sec. 1: Lots 5–15, 19, SENE. examined and found suitable for leasing Containing approximately 3,395.515 acres. under the provisions of Section 302, of the Federal Land Policy and SUMMARY: This notice corrects the All of the coal in the above-described Management Act (FLPMA) of 1976 and Notice of Invitation for Coal Exploration land consists of unleased Federal coal 43 CFR 2920. Adjacent lands are License WYW136504 previously within the Powder River Basin Known currently leased to Silver Creek Ski Area published in the Federal Register May Recoverable Coal Resource Area. The for ski trails and associated facilities. 24, 1995 (60 FR 27546). That Notice of purpose of the exploration program is to Invitation stated that a counterpart collect baseline data on the quality of Affected Public Lands notice would be published in the News- the overburden and on the quality and Sixth Principal Meridian, Colorado Record of Gillette, WY, beginning no quantity of groundwater. T. 1N., R. 76 W., later than the week of May 22, 1995, and ADDRESSES: The proposed exploration Sec. 17, S1⁄2SE1⁄4. stated that any party electing to program is fully described and will be participate in the exploration program conducted pursuant to an exploration Approximately 3 acres. must send written notice to both the plan to be approved by the Bureau of FOR FURTHER INFORMATION CONTACT: Bureau of Land Management (BLM) and Land Management. Copies of the The environmental assessment and the Cordero Mining Co. no later than exploration plan are available for review other information concerning this thirty days after publication of the during normal business hours in the proposed lease is available for review by Notice of Invitation in the Federal following offices (serialized under contacting Madeline Dzielak at the Register. The first publication in the number WYW136559): Bureau of Land Kremmling Resource Area Office at News-Record of Gillette did not occur Management, Wyoming State Office, 1116 Park Avenue, PO Box 68, before May 22, 1995, and will not occur 2515 Warren Avenue, P.O. Box 1828, Kremmling, Colorado 80459, (970) 724– until June 9, 1995; therefore, the Notice Cheyenne, WY 82003; and, Bureau of 3437. of Invitation is revised to state that Land Management, Casper District SUPPLEMENTARY INFORMATION: written notice of any party electing to Office, 1701 East ’E’ Street, Casper, WY Publication of this notice in the Federal participate in the exploration program 82601. Register segregates the public land from must be received by the BLM and SUPPLEMENTARY INFORMATION: This the operation of the public land laws, Cordero Mining Co. no later than July notice of invitation will be published in including the mining laws, except for 32022 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices conveyance under Section 302 of the Madeline Dzielak at the Kremmling [MT±930±1430±01; MTM 83716] Federal Land Policy and Management Resource Area Office at 1116 Park Act, for a period of two years from the Avenue, P.O. Box 68, Kremmling, Segregation of Parcel 1 Lands, Crow date of publication of this notice. The Colorado 80459, (970) 724–3437. Boundary Settlement Act of 1994; segrative effect shall terminate upon Montana SUPPLEMENTARY INFORMATION: issuance of a lease, upon rejection of the Publication of this notice in the Federal AGENCY: Bureau of Land Management, application, or two years from the date Register segregates the public land from Interior. of publication of this notice. ACTION: Notice. For a period of 45 days from the date the operation of the public land laws including the mining laws, except for of publication of this notice, interested SUMMARY: This order segregates conveyance under the Recreation and parties may submit comments to the approximately 2,051 acres of public Public Purposes Act under Section 212 District Manager, Craig District Office, lands from surface entry and mining to of the Federal Land Policy and Bureau of Land Management, 455 facilitate completion of the Management Act, for a period of two Emerson Street, Craig, Colorado 81625. requirements of the Crow Boundary years from the date of publication of this Any adverse comments will be Settlement Act of 1994 (25 U.S.C. 1776). notice. The segregative effect shall evaluated by the State Director, who EFFECTIVE DATE: June 19, 1995. may sustain, vacate, or modify this terminate upon issuance of a lease and/ or patent, upon rejection of the FOR FURTHER INFORMATION CONTACT: John realty action. In the absence of any Kwiatkowski, BLM Montana State adverse comments, this realty action application, or two years from the date of publication of this notice. Office, P.O. Box 36800, Billings, will become the final determination of Montana 59107, 406–255–2914. the Department of the Interior. The following reservations, terms and The purpose of Crow Boundary Dated: June 7, 1995. conditions will be made in a patent Settlement Act of 1994 was to settle the issued for the public lands included in Robert W. Schneider, 107th Meridian boundary dispute the McCoy Community Cemetery: Associated District Manager. created by the erroneous survey of the [FR Doc. 95–14735 Filed 6–16–95; 8:45 am] 1. A reservation to the United States of eastern boundary of the Crow Indian BILLING CODE 4310±JB±M a right-of-way for ditches and canals Reservation made by the Federal constructed by the authority of the Government. United States, pursuant to the Act of 1. Upon publication of this Notice of [CO±010±1430±01; COC57864, COC58080] August 30, 1890 (43 U.S.C. 945). Segregation in the Federal Register, the following described lands will be Realty Action: Recreation and Public 2. Those rights for powerline purposes as have been granted to Yampa Valley segregated from surface entry and Purposes (R&PP) Act; Classification in mining: Eagle County, Colorado Electric, it successors and assigns, by right-of-way Colorado 53546 under Principal Meridian, Montana AGENCY: Bureau of Land Management, the authority of Title V of the Federal T. 6 S., R. 38 E., Department of the Interior. Land Policy and Management Act of Sec. 24, lot 4; ACTION: Notice of realty action. 1976 (43 U.S.C.) Sec. 25, lot 1. 3. The provisions of the Recreation and T. 7 S., R. 38 E., SUMMARY: In response to an application Sec. 25, lots 1 to 4, inclusive. from the McCoy Wildcats (a ball team) Public Purposes Act amended and to T. 9 S., R. 38 E., (C–57864) and the McCoy Community all applicable regulations of the Sec. 13, lot 8; Cemetery Association, (C–58080), Secretary of the Interior. Sec. 36, lots 1, 4, 5, and 8, SW1⁄4NE1⁄4, and McCoy, Colorado, the following public 4. No portion of the land covered by W1⁄2SE1⁄4. lands have been examined and found such patent shall under any T. 10 S., R. 38 E., Sec. 1, lot 7. suitable for classification for lease and/ circumstances revert to the Untied T. 7 S., R. 39 E., or conveyance to those entities under States. Sec. 30, lot 1; the provisions of the Recreation and For a period of 45 days from the date Sec. 31, lots 3 and 4. Public Purposes Act. A portion of the of publication of this notice, interested 2. The following described lands will be lands are currently occupied by the parties may submit comment to the segregated from mining: McCoy Community Cemetery. District Manager, Craig District Office, T. 6 S., R. 38 E., Affected Public Lands Bureau of Land Management, 455 Sec. 1, lots 1, 2, and 5, and SE1⁄4SE1⁄4; 1 1 Emerson Street, Craig, Colorado 81625. Sec. 13, lots 2 and 3, SE ⁄4NE ⁄4 and Sixth Principal Meridian, Colorado E1⁄2SE1⁄4; Interested parties should indicated if T. 2 S., R. 83 W., Sec. 25, lots 2, 3, and 4. Sec. 5, portions of Lots 19 and 20. they are commenting on the patent for T. 7 S., R. 38 E., the McCoy Community Cemetery or the The affected public lands (6 acres) Sec. 1, lots 1, 2, and 3; lease for the McCoy Wildcats. Any Sec. 12, lots 1 to 4, inclusive, and E1⁄2E1⁄2. would be leased to the McCoy Wildcats adverse comments will be evaluated by T. 8 S., R. 38 E., for a 20-year period, with the option to the State Director, who may sustain, Sec. 2, lots 1, 2, 6, 7, and 10, SE1⁄4NE1⁄4, renew the lease and the option to vacate, or modify this realty action. In and E1⁄2SE1⁄4; patent. Public lands (3.6145 acres) the absence of any adverse comments, Sec. 11, lot 1, NE1⁄4NE1⁄4, and SE1⁄4SE1⁄4; 1 1 would be patented to the McCoy this realty action will become the final Sec. 13, E ⁄2NW ⁄4; Sec. 23, lots 4 and 5; Community Cemetery Association, upon determination of the Department of the payment of 50% of the fair market Sec. 25, N1⁄2NW1⁄4, S1⁄2SW1⁄4, NW1⁄4NE1⁄4, Interior. 1 1 value, as determined by appraisal. and SW ⁄4SE ⁄4. Dated: June 8, 1995. T. 10 S., R. 38 E., FOR FURTHER INFORMATION CONTACT: 1 1 Robert W. Schneider, Sec. 1, lot 1 and NW ⁄4NE ⁄4. The environmental assessment and T. 6 S., R. 39 E., other information concerning the Associated District Manager. Sec. 6, lots 3 and 2; proposed lease and/or conveyance is [FR Doc. 95–14734 Filed 6–16–95; 8:45 am] Sec. 31, lot 4 and SE1⁄4SW1⁄4. available for review by contacting BILLING CODE 4310±JB±M T. 7 S., R. 39 E., Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32023 Sec. 6, SE1⁄4NW1⁄4 and NW1⁄4SE1⁄4; 30345 (Attn: Permit Coordinator). alternative actions for the Service’s Sec. 7, lot 1; Telephone: 404/679–7110; Fax: 404/ management of the introduced weed Sec. 18, NE1⁄4NW1⁄4 and NW1⁄4NE1⁄4; 679–7280. plant purple loosestrife (Lythrum Sec. 30, W1⁄2SE1⁄4. Dated: June 12, 1995. salicaria). Purple Loosestrife has The segregative effect of this notice Noreen K. Clough, impacted North American wetland will terminate upon completion of the ecosystems by changing the structure, Regional Director requirements of the Act. Notice of function, and productivity of the completion will be published in the [FR Doc. 95–14868 Filed 6–16–95; 8:45 am] wetlands. The plant forms dense Federal Register. BILLING CODE 4310±55±P monoculture stands, sometimes Dated: June 8, 1995. thousands of acres in size, that displace native vegetation and threaten the biotic Thomas P. Lonnie, Availability of an Environmental integrity of wetland ecosystems. The Deputy State Director, Division of Resources. Assessment loss of plant species richness and [FR Doc. 95–14913 Filed 6–16–95; 8:45 am] AGENCY: Fish and Wildlife Service, diversity has eliminated natural foods BILLING CODE 4310±DN±P Interior. and cover essential to many wetland ACTION: Notice of the availability of an wildlife species. This has altered the wetland habitat necessary to fulfill the Fish and Wildlife Service environmental assessment; request for comments. purposes for which many wildlife Notice of Receipt of Applications for refuges were established. SUMMARY: Permit The purpose of this Notice is Conventional control methods are to make available to the public an ineffective, costly, and require The following applicants have environmental assessment regarding the continuous long term maintenance. The applied for a permit to conduct certain release in the United States of three release of the subject biological agents is activities with endangered species. This nonindigeneous insects Galerucella intended to facilitate use of self- notice is provided pursuant to Section calmariensis, Galerucella pusilla, and perpetuating biological controls. If the 10(c) of the Endangered Species Act of Hylobius transversovittatus. The three insects in question become 1973, as amended (16 U.S.C. 1531 et purpose of the release is to reduce and established, they would provide seq.): control Lythrum salicaria on Service- continuous control of the plant without managed wetlands and to assist the PRT–803589 further human actions. This would States to reduce and control purple reduce current dependency on the Applicant: Chicago Zoological Park, loosestrife on non-Service wetlands. rather non-effective and costly actions Brookfield, Illinois These insects are not native to North of mechanical methods, fire, water Collection and retainment of live America. manipulations, and herbicide used to wood storks, Mycteria americana, The Service proposes to release these control loosestrife. If not reduced in rescued from abandoned colonies in three insect species on Service and volume and controlled, the plant will Everglades National Park, for scientific other lands in the United States so they continue to expand and degrade purposes, educational purposes, and for can contribute to the biological control wetlands nationwide by replacing the purposes of enhancement of of purple loosestrife (Lythrum salicaria), native plant species in already stressed propagation and survival of the species. an introduced weed. and declining wetland environments. The primary reason for releasing these PRT–803587 In addition to the proposed action, the three insect species as a tool for purple Service also considered the alternative Applicant: Burns and McDonnell, loosestrife control is to lessen the of continuing current management of Inc., a consulting firm based in Kansas negative environmental impacts caused the plant as well as the alternative of City, Missouri. by purple loosestrife infestations using two previously approved species themselves and the methods used Perform population census work on of beetles for control of the purple currently to control the week plant. The the endangered American burying loosestrife on Service lands. The intended result of the proposed action is beetle, Nicrophorus americanus, for selected alternative is the proposed to cause positive environmental purposes of enhancement of survival of action of releasing the three insects, in impacts. the species. addition to the two previously approved Written data or comments on any of DATES: Written comments on the species, to develop a continuous these applications should be submitted Environmental Assessment should be biological control of the plant. received on or before July 12, 1995. to: Regional Permit Coordinator, U.S. Dated: June 14, 1995. ADDRESSES: Comments regarding this Fish and Wildlife Service, 1875 Century Mollie H. Beattie, Environmental Assessment should be Boulevard, Suite 210, Atlanta, Georgia Director, Fish and Wildlife Service. 30345. All data and comments must be addressed to Robert Schallenberger, [FR Doc. 95–14905 Filed 6–16–95; 8:45 am] received within 30 days of the date of Chief, Division of Refuges, U.S. Fish and this publication. Wildlife Service, 600 ARLSQ, 1849 C BILLING CODE 4310±55±M Documents and other information Street NW., Washington, DC 20240. FOR FURTHER INFORMATION CONTACT: submitted with these applications are Notice of Availability and Notice of Sean Furniss, Refuge Program available for review, subject to the Public Hearing on a Draft Specialist, or Howard Schlegel, Forester, requirements of the Privacy Act and Environmental Impact Statement Division of Refuges, U.S. Fish and Freedom of Information Act, by any (DEIS) party who submits a written request for Wildlife Service, 600 ARLSQ, 1849 C a copy of such documents to the Street NW., Washington, DC 20240 (703) SUMMARY: Pursuant to section 102(2)(C) following office within 30 days of the 358–2043. of the National Environmental Policy date of publication of this notice: U.S. SUPPLEMENTARY INFORMATION: An Act of 1969, as amended, the Fish and Wildlife Service, 1875 Century Environmental Assessment (EA) was Department of the Interior, Fish and Boulevard, Suite 210, Atlanta, Georgia prepared that addressed three Wildlife Service has prepared a draft 32024 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices environmental impact statement (DEIS) that it is meaningful and alerts an National Recreational River, Public Law on the Rocky Mountain Arsenal agency to the reviewer’s position and 102–50. The purpose of the group, National Wildlife Refuge contentions. Judicial review may waive according to its charter, is to advise the Comprehensive Management Plan, or dismiss objections that could have Secretary of the Interior on matters Adams County, Colorado. The DEIS been raised at the draft environmental pertaining to the development of a describes four alternatives for managing impact statement stage, but that were management plan, and management and the Refuge, and discloses each not raised until after completion of the operation of the Recreational River. The alternative’s environmental effects. A final environmental impact statement. Missouri National Recreational River is public hearing will be held to receive Terry T. Terrell, the 39-mile free flowing segment of the comments from interested agencies, Acting Regional Director, Region 6, Denver, Missouri from Fort Randall Dam to the organizations and individuals on the Colorado. vicinity of Springfield in South Dakota. analysis contained in the DEIS. [FR Doc. 95–13624 Filed 6–16–95; 8:45 am] FOR FURTHER INFORMATION CONTACT: DATES: Written comments concerning BILLING CODE 4310±55±M Warren Hill, Superintendent, Niobrara/ the analysis will be accepted August 3, Missouri National Scenic Riverways, 1995 at the address below. P.O. Box 591, O’Neill, Nebraska 68763– A public meeting will be held on June National Park Service 0591, 402–336–3970. 27, 1995 at 7 p.m. at the location Dated: June 9, 1995. indicated below. Missouri National Recreational River William W. Schenk, ADDRESSES: Copies of the DEIS may be Advisory Group Field Director. reviewed at the following locations: AGENCY: National Park Service, Interior. [FR Doc. 95–14940 Filed 6–16–95; 8:45 am] Rocky Mountain Arsenal National ACTION: Notice of meeting. Wildlife Refuge, Building 613, BILLING CODE 4310±70±P Commerce City, CO 80022–1748 SUMMARY: This notice sets the schedule Fish and Wildlife Service Regional for the forthcoming meeting of the INTERSTATE COMMERCE Office, 134 Union Blvd, Lakewood, Missouri National Recreational River COMMISSION Colorado 80225 Advisory Group. Notice of this meeting Denver Public Library-Central, 1357 is required under the Federal Advisory [Ex Parte No. 523] Broadway, Denver, Colorado Committee Act (Pub. L. 92–463). Denver Public Library-Montbello, 12955 Meeting Date and Time: Wednesday, Railroad Cost of CapitalÐ1994 Albrook Drive, Denver, Colorado July 12, 1995; 2:00 p.m. Commerce City Public Library, 72nd AGENCY: Interstate Commerce ADDRESS: and Monaco, Commerce City, Community Services Center, Commission. Colorado 605 8th Street, Springfield, South ACTION: Notice of decision. Public Meeting Red Lion Hotel, 3203 Dakota Quebec Street, Denver, CO 80207. Agenda topics include: SUMMARY: On June 16, 1995, the Commission served a decision to update FOR FURTHER INFORMATION CONTACT: 1. Discussion of the 39-mile planning Dave Shaffer, Planning Coordinator, team meeting held in Wagner, South its estimate of the railroad industry’s (303) 289–0232. Dakota on June 14 and 15, 1995. cost of capital for 1994. The composite cost of capital rate for 1994 is found to SUPPLEMENTARY INFORMATION: The Rocky 2. The opportunity for public comment be 12.2%, based on a current cost of Mountain Arsenal National Wildlife and proposed agenda, date, and time, debt of 7.9%, a cost of common equity Refuge Act of 1992 (Public Law 102– of the next Advisory Group meeting. capital of 13.8%, a cost of preferred 402) establishes the Rocky Mountain The meeting is open to the public. equity capital of 4.6%, and a 23.9% Arsenal as a National Wildlife Refuge Interested persons may make oral/ debt, 74.3% common equity, 1.8% following environmental cleanup, and written presentation to the Commission preferred equity capital structure mix. provided authority for the Fish and or file written statements. Requests for The cost of capital finding made in this Wildlife Service to manage the area as time for making presentations may be proceeding will be used in a variety of if it were a National Wildlife Refuge made to the Superintendent prior to the Commission proceedings. during the cleanup process. Pursuant to meeting or to the Chair at the beginning the Department of Interior’s of the meeting. In order to accomplish EFFECTIVE DATE: This action is effective Departmental Manual implementing the the agenda for the meeting, the Chair June 16, 1995. National Environmental Policy Act, the may want to limit or schedule public FOR FURTHER INFORMATION CONTACT: Fish and Wildlife Service is preparing a presentations. Leonard J. Blistein, (202) 927–6171. Comprehensive Management Plan for The meeting will be recorded for [TDD for the hearing impaired: (202) the Refuge and an Environmental documentation and a summary in the 927–5721.] Impact Statement on the Plan. The Plan form of minutes will be transcribed for SUPPLEMENTARY INFORMATION: The cost will guide the development of the Rocky dissemination. Minutes of the meeting of capital finding in this decision shall Mountain Arsenal National Wildlife will be made available to the public be used to evaluate the adequacy of Refuge. Ray Rauch, Project Leader, will after approval by the Commission railroad revenues for 1994 under the be the responsible official. The Fish and members. Copies of the minutes may be standards and procedures promulgated Wildlife Service believes it is important requested by contacting the in Standards for Railroad Revenue to give reviewers notice at this early Superintendent. An audio tape of the Adequacy, 3 I.C.C.2d 261 (1986). This stage of guidance provided by several meeting will be available at the finding may also be used in other court rulings related to public headquarters office of the Niobrara/ Commission proceedings such as the participation in the environmental Missouri National Scenic Riverways in prescription of maximum reasonable review process. Reviewers of draft O’Neill, Nebraska. rate levels and proposed abandonments environmental impact statements must SUPPLEMENTARY INFORMATION: The of rail lines. Additional information is structure their participation in the Advisory Group was established by the contained in the Commission’s decision. environmental review of the proposal so law that established the Missouri To obtain a copy of the full decision, Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32025 write to, call, or pick up in person from: (6) an indication as to whether for review under the provisions of the Dynamic Concepts, Inc., Room 2229, Section 3504(h) of Public Law 96–511 Paperwork Reduction Act (44 U.S.C. Interstate Commerce Commission applies. Chapter 35 and the Paperwork Building, 1201 Constitution Avenue Comments and/or suggestions Reduction Reauthorization Act since the NW., Washington, DC 20423. regarding the item(s) contained in this last list was published. Entries are Telephone: (202) 289–4357/4359. notice, especially regarding the grouped into submission categories, [Assistance for the hearing impaired is estimated public burden and associated with each entry containing the available through TDD services (202) response time, should be directed to the following information: 927–5721.] OMB reviewer, Mr. Jeff Hill on (202) (1) the title of the form/collection; 395–7340 and to the Department of (2) the agency for, number, if any, and Environmental and Energy Justice’s Clearance Officer, Mr. Robert B. the applicable component of the Considerations Briggs, on (202) 514–4319. If you Department sponsoring the collection. This action will not significantly anticipate commenting on a form/ (3) who will be asked or required to affect either the quality of the human collection, but find that time to prepare respond, as well as a brief abstract; environment or the conservation of such comments will prevent you from (4) an estimate of the total number of energy resources. prompt submission, you should notify respondents and the amount of time the OMB reviewer and the Department estimated for an average respondent to Regulatory Flexibility Analysis of Justice Clearance Officer of you intent respond; Pursuant to 5 U.S.C. 605(b), we as soon as possible. Written comments (5) an estimate of the total public conclude that our action in this regarding the burden estimate or any burden (in hours) associated with the proceeding will not have a significant other aspect of the collection may be collection; and economic impact on a substantial submitted to Office of Information and (6) an indication as to whether number of small entities. The purpose Regulatory Affairs, Office of Section 3504(h) of Pubic Law 96–511 and effect of this action are to update Management and Budget, Washington, applies. the annual railroad industry cost of DC 20503, and to Mr. Robert B. Briggs, Comments and/or suggestions capital finding by the Commission. No Department of Justice Clearance Officer, regarding the item(s) contained in this new reporting or other regulatory Systems Policy Staff/Information notice, especially regarding the requirements are imposed, directly or Resources Management/Justice estimated public burden and associated indirectly, on small entities. Management Division Suite 850, WCTR, response time, should be directed to the Washington, DC 20530. OMB reviewer, Mr. Jeff Hill, on (202) Authority: 49 U.S.C. 10704(a). 395–740 and to the Department of Decided: June 5, 1995. New Collection Justice’s Clearance Officer, Mr. Robert B. By the Commission, Chairman Morgan, (1) COPS Department Initial Report. Briggs, on (202) 514–4319. If you Vice Chairman Owen, and Commissioners (2) COPS 012/01. Office of anticipate commenting on a form/ Simmons and McDonald. Community Oriented Policing Services, collection, but find that time to prepare Vernon A. Williams, United States Department of Justice. such comments will prevent you from Secretary. (3) Primary: State, Local or Tribal prompt submission, you should notify [FR Doc. 95–14896 Filed 6–16–95; 8:45 am] Government. Others: None. The COPS the OMB reviewer and the Department BILLING CODE 7035±01±P Department Initial Report will collect of Justice Clearance Officer of your basic information from all COPS grant intent as son as possible. Written recipients concerning characteristics of comments regarding the burden DEPARTMENT OF JUSTICE their sworn workforce and community estimate or any other aspect of the policing activities at the commencement collection may be submitted to Office of Information Collections Under Review of the COPS grant period for each Information and Regulatory Affairs, recipient. The information collected Office of Management and Budget, The Office of Management and Budget will be used to establish a baseline for Washington, DC 20503, and to Mr. (OMB) has been sent the following monitoring the progress of each Robert B. Briggs, Department of Justice collection(s) of information proposals recipient in implementing community Clearance Officer, Systems Policy Staff/ for review under the provisions of the policing with COPS funds. Information Resources Management/ Paperwork Reduction Act (44 U.S.C. (4) 8,100 annual respondents at 1.00 Justice Management Division, Suite 850, Chapter 35) and the Paperwork hours per response. WCTR, Washington, DC 20530. Reduction Reauthorization Act since the (5) 12,150.25 annual burden hours. last list was published. Entries are (6) Not applicable under Section New Collection grouped into submission categories, 3504(h) of Public Law 96–511. (1) COPS Officer Progress Report. with each entry containing the Public comment on this item is COPS 013/01. Office of Community following information: encouraged. Oriented Policing Services, United (1) The title of the form/collection; Dated: June 13, 1995. States Department of Justice. (2) the agency from number, if any, (3) Primary: State, Local or Tribal Robert B. Briggs, and the applicable component of the Government. Other None. The COPS Department sponsoring the collection. Department Clearance Officer, United States Officer Progress Report will be used to Department of Justice. (3) who will be asked or required to collect information concerning the basic respond, as well as a brief abstract; [FR Doc. 95–14883 Filed 6–16–95; 8:45 am] characteristics and processional (4) an estimate of the total number of BILLING CODE 4410±21±M activities of each officer hired or rehired respondents and the amount of time with COPS funds. COPS grant recipients estimated for an average respondent to Information Collections Under Review will submit a COPS Officer Progress respond; Report with COPS funds. COPS grant (5) an estimate of the total public The Office of Management and Budget recipients will submit a COPS Officer burden (in hours) associated with the (OMB) has been sent the following Progress Report (for each officer hired or collection; and collection(s) of information proposals rehired) on a semiannual basis. The 32026 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices information will be used to monitor the Robert B. Briggs, Department of Justice OMB reviewer, Mr. Jeff Hill, on (202) progress of recipients in implementing Clearance Officer, Systems Policy Staff/ 395–7340 and to the Department of community policing. Information Resources Management/ Justice’s Clearance Officer, Mr. Robert B. (4) 8,100 annual respondents at 3.00 Justice Management Division, Suite 850, Briggs, on (202) 514–4319. If you hours per response. WCTR, Washington, DC 20530. anticipate commenting on a form/ (5) 24,300 annual burden hours. collection but find that time to prepare Extension of a Currently Approved (6) Not applicable under Section such comments will prevent you from Collection 3504(h) of Public Law 96–511. prompt submission, you should notify Public comment on this item is (1) Application for Stay of the OMB review and the Department of encouraged. Deportation. Justice Clearance Officer of your intent Dated: June 13, 1995. (2) Form I–246. Immigration and as soon as possible. Written comments Robert B. Briggs, Naturalization Service, United States regarding the burden estimate or any Department Clearance Officer, United States Department of Justice. other aspect of the collection may be Department of Justice. (3) Primary: Individuals and submitted to Office of Information and households. Other: None. The [FR Doc. 95–14884 Filed 6–16–95; 8:45 am] Regulatory Affairs, Office of information collection on this form will BILLING CODE 4410±21±M Management and Budget, Washington, be used by the Immigration and DC 20503, and to Mr. Robert B. Briggs, Naturalization Service to determine the Department of Justice Clearance Officer, Information Collections Under Review eligibility of the applicant for a stay of Systems Policy Staff/Information deportation. Resources Management/Justice The Office of Management and Budget (4) 2,500 annual respondents at .5 Management Division, Suite 850, (OMB) has been sent the following hours per response. WCTR, Washington, DC 20530. collection(s) of information proposals (5) 1,250 annual burden hours. for review under the provisions of the (6) Not applicable under Section Extension of a Currently Approved Paperwork Reduction Act (44 U.S.C. 3504(h) of Public Law 96–511. Collection Public comment on this items is Chapter 35) and the Paperwork (1) Baggage and Personal Effects of encouraged. Reduction Reauthorization Act since the Detained Aliens. last list was published. Entries are Dated: June 13, 1995. (2) Form I–43. Immigration and grouped into submission categories, Robert B. Briggs, Naturalization Service, United States with each entry containing the Department Clearance Officer, United States Department of Justice. following information: Department of Justice. (1) the title of the form/collection; (3) Primary: Individuals and [FR Doc. 95–14885 filed 6–16–95; 8:45 am] (2) the agency form number, if any, households. Others: None. This Form is and the applicable component of the BILLING CODE 4410±10±M used by the arresting officer to ensure Department sponsoring the collection. that the alien is afforded a reasonable (3) who will be asked or required to opportunity to collect his/her property. Information Collections Under Review respond, as well as a brief abstract; The Immigration and Naturalization (4) an estimate of the total number of The Office of Management and Budget Service also uses this form to protect the respondents and the amount of time (OMB) has been sent the following government from fraudulent claims. estimated for an average respondent to collection(s) of information proposals (4) 600,000 annual respondents at respond; for review under the provisions of the .017 hours per response. (5) an estimate of the total public Paperwork Reduction Act (44 U.S.C. (5) 10,200 annual burden hours. burden (in hours) associated with the Chapter 35) and the Paperwork (6) Not applicable under Section collection; and Reduction Reauthorization Act since the 3504(h) of Public Law 96–511. (6) an indication as to whether last list was published. Entries are Section 3504(h) of Public Law 96–511 Public comment on this item is grouped into submission categories, encouraged. applies. with each entry containing the Comments and/or suggestions following information: Dated: June 13, 1995. regarding the item(s) contained in this (1) the title of the form/collection; Robert B. Briggs, notice, especially regarding the (2) the agency form number, if any, Department Clearance Officer, United States estimated public burden and associated and the applicable component of the Department of Justice. response time, should be directed to the Department sponsoring the collection. [FR Doc. 95–14886 Filed 6–16–95; 8:45 am] OMB reviewer, Mr. Jeff Hill on (202) (3) who will be asked or required to BILLING CODE 4410±10±M 395–7340 and to the Department of respond, as well as a brief abstract; Justice’s Clearance Officer, Mr. Robert B. (4) an estimate of the total number of Briggs, on (202) 514–4319. If you respondents and the amount of time Information Collections Under Review anticipate commenting on a form/ estimated for an average respondent to collection, but find that time to prepare respond; The Office of Management and Budget such comments will prevent you from (5) an estimate of the total public (OMB) has been sent the following prompt submission, you should notify burden (in hours) associated with the collection(s) of information proposals the OMB reviewer and the Department collection; and for review under the provisions of the of Justice Clearance Officer of your (6) an indication as to whether Paperwork Reduction Act (44 U.S.C. intent as soon as possible. Written Section 3504(h) of Public Law 96–511 Chapter 35) and the Paperwork comments regarding the burden applies. Reduction Reauthorization Act since the estimate or any other aspect of the Comments and/or suggestions last list was published. Entries are collection may be submitted to Office of regarding the item(s) contained in this grouped into submission categories, Information and Regulatory Affairs, notice, especially regarding the with each entry containing the Office of Management and Budget, estimated public burden and associated following information: Washington, DC 20503, and to Mr. response time, should be directed to the (1) the title of the form/collection; Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32027 (2) the agency form number, if any, Information Collections Under Review rehired with COPS funds. The and the applicable component of the information collected will be used to Department sponsoring the collection. The Office of Management and Budget ensure appropriate progress and identify (3) who will be asked or required to (OMB) has been sent the following grant recipients in need of additional respond, as well as a brief abstract; collection(s) of information proposals training and technical assistance in (4) an estimate of the total number of for review under the provisions of the implementing community policing. Paperwork Reduction Act (44 U.S.C. respondents and the amount of time (4) 8,100 annual respondents, at 3.00 Chapter 35 and the Paperwork estimated for an average respondent to hours per response. respond; Reduction Reauthorization Act since the (5) an estimate of the total public last list was published. Entries are (5) 24,300 annual burden hours. burden (in hours) associated with the grouped into submission categories, (6) Not applicable under Section collection; and with each entry containing the 3504(h) of Public Law 96–511. (6) an indication as to whether following information: Public comment on this item is Section 3504(h) of Public Law 96–511 (1) The title of the form/collection; encouraged. applies. (2) The agency form number, if any, Dated: June 13, 1995. Comments and/or suggestions and the applicable component of the Robert B. Briggs, regarding the item(s) contained in this Department sponsoring the collection. notice, especially regarding the (3) Who will be asked or required to Department Clearance Officer, United States Department of Justice. estimated public burden and associated respond, as well as a brief abstract; response time, should be directed to the (4) An estimate of the total number of [FR Doc. 95–14894 Filed 6–16–95; 8:45 am] OMB reviewer, Mr. Jeff Hill on (202) respondents and the amount of time BILLING CODE 4410±21±M 395–7340 and to the Department of estimated for an average respondent to Justice’s Clearance Officer, Mr. Robert B. respond; Briggs, on (202) 514–4319. If you (5) An estimate of the total public anticipate commenting on a form/ burden (in hours) associated with the DEPARTMENT OF LABOR collection, but find that time to prepare collection; and Employment and Training such comments will prevent you from (6) An indication as to whether Administration prompt submission, you should notify Section 3504(h) of Public Law 96–511 the OMB reviewer and the Department applies. of Justice Clearance Officer of your Comments and/or suggestions [TA±W±31,085] intent as soon as possible. Written regarding the item(s) contained in this Blind Design, Inc., San Diego, CA; comments regarding the burden notice, especially regarding the Notice of Termination of Investigation estimate or any other aspect of the estimated public burden and associated collection may be submitted to Office of response time, should be directed to the Pursuant to Section 221 of the Trade Information and Regulatory Affairs, OMB reviewer, Mr. Jeff Hill on (202) Act of 1974, an investigation was Office of Management and Budget, 395–7340 and to the Department of initiated on May 30, 1995 in response to Washington, DC 20503, and to Mr. Justice’s Clearance Officer, Mr. Robert B. a worker petition which was filed on Robert B. Briggs, Department of Justice Briggs, on (202) 514–4319. If you May 30, 1995 on behalf of workers at Clearance Officer, Systems Policy Staff/ anticipate commenting on a form/ Blind Design, Incorporated, San Diego, Information Resources Management/ collection, but find that time to prepare California. Justice Management Division, Suite 850, such comments will prevent you from The petitioning group of workers had WCTR. Washington, DC 20530. prompt submission, you should notify filed a petition for a company facility in Extension of a Currently Approved the OMB reviewer and the Department Tempe, AZ (TA–W–31,084). After a Collection of Justice Clearance Officer of your conversation with one of the petitioners intent as soon as possible. Written it was discovered that this is the only (1) Registration for Classification As comments regarding the burden Refugee. location that they intended to cover estimate or any other aspect of the with the petition, not the company (2) Form I–590. Immigration and collection may be submitted to Office of Naturalization Service, United States headquarters or plant in San Diego. Information and Regulatory Affairs, Under the law, workers can only file for Department of Justice. Office of Management and Budget, (3) Primary: Individuals and the location in which they worked. Washington, DC 20503, and to Mr. Further discussion with the company’s households. Others: None. The Form I– Robert B. Briggs, Department of Justice 590 provides a uniform methods for Chief Financial Officer, revealed that Clearance Officer, Systems Policy Staff/ the locations in San Diego did not applicants to apply for refugee status an Information Resources Management/ contains the information needed in produce the same product as the Tempe, Justice Management Division, Suite 850, AZ location. Furthermore, there have order to adjudicate such applications. WCTR, Washington, DC 20530. (4) 150,000 annual respondents at been no layoffs at either of the San .583 hours per response. New Collection Diego facilities to date. Consequently, further investigation in this case would (5) 87,450 annual burden hours. (1) COPS Annual Department Report. (6) Not applicable under Section (2) COPS 011/01. Office of serve no purpose, and the investigation 3504(h) of Public Law 96–511. Community Oriented Policing Services, has been terminated. Public comment on this item is Signed in Washington, D.C. this 6th day of encouraged. United States Department of Justice. (3) Primary: State, Local or Tribal June, 1995. Dated: June 13, 1995. Government. Others: None. The COPS Victor J. Trunzo, Robert B. Briggs, Annual Department Report will be Program Manager, Policy and Reemployment Department Clearance Officer, United States collected annually to monitor the Services, Office of Trade Adjustment Department of Justice. progress of COPS grant recipients in Assistance. [FR Doc. 95–14887 Filed 6–16–95; 8:45 am] implementing community policing [FR Doc. 95–14925 Filed 6–16–95; 8:45 am] BILLING CODE 4410±10±M through the use of officers hired or BILLING CODE 4510±30±M 32028 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices Investigations Regarding Certifications Labor (DOL), announces the filing of the Washington, D.C., provided such of Eligibility To Apply for NAFTA petition and takes actions pursuant to request is filed in writing with the Transitional Adjustment Assistance paragraphs (c) and (e) of Section 250 of Director of OTAA not later than June 29, the Trade Act. 1995. Petitions for transitional adjustment The purpose of the Governor’s actions Also, interested persons are invited to assistance under the North American and the Labor Department’s submit written comments regarding the Free Trade Agreement-Transitional investigations are to determine whether subject matter of the petitions to the Adjustment Assistance Implementation the workers separated from employment Director of OTAA at the address shown Act (P.L. 103–182), hereinafter called after December 8, 1993 (date of below not later than June 29, 1995. (NAFTA–TAA), have been filed with enactment of P.L. 103–182) are eligible Petitions filed with the Governors are State Governors under Section 250(a) of to apply for NAFTA–TAA under available for inspection at the Office of Subchapter D, Chapter 2, Title II, of the Subchapter D of the Trade Act because the Director, OTAA, ETA, DOL, Room Trade Act of 1974, as amended, are of increased imports from or the shift in C–4318, 200 Constitution Avenue, N.W., identified in the Appendix to this production to Mexico or Canada. Washington, D.C. 20210. Notice. Upon notice from a Governor The petitioners or any other persons Signed at Washington, D.C., this 9th day of that a NAFTA–TAA petition has been showing a substantial interest in the June, 1995. received, the Director of the Office of subject matter of the investigations may Victor J. Trunzo, Trade Adjustment Assistance (OTAA), request a public hearing with the Program Manager, Policy & Reemployment Employment and Training Director of OTAA at the U.S. Services, Office of Trade Adjustment Administration (ETA), Department of Department of Labor (DOL) in Assistance. APPENDIX Date re- ceived at Petitioner (Union/workers/firm) Location governor's Petition No. Articles produced office Boskovich Farms Inc.; Hemet & Perris Oxnard, CA ...... 4/10/95 NAFTA± Onion fields. (HMNAC). 00427 Stetson Cedar Products (Co.) ...... Forks, WA ...... 4/10/95 NAFTA± Red cedar shingles. 00428 Black Box Corporation; Manufacturing Div. Pittsburg, PA ...... 4/11/95 NAFTA± Cables and switches. (Wkrs). 00429 Softhard Systems Inc. (Co.) ...... Houston, TX ...... 4/13/95 NAFTA± Computer hardware and software. 00430 Superior Propane Inc.; Skelgas A.S. Inc. Oak Brook, IL ...... 4/12/95 NAFTA± Propane. (Co.). 00431 Names Inc. (Wkrs) ...... Allentown, PA ...... 4/14/95 NAFTA± Children's clothing. 00432 Anchor Glass Containter (GMPW) ...... Zion, IL ...... 4/14/95 NAFTA± Glass containers. 00433 Marconi Technologies Inc. (Wkrs) ...... Lancaster, PA ...... 4/14/95 NAFTA± Cable and wire harness assemblies. 00434 Bowman Lease Service, Inc. (Co.) ...... Carrizo Springs, TX . 4/17/95 NAFTA± Machines. 00435 Louisiana Pacific Corporation; Northern Div. Hayden Lake, ID ..... 4/17/95 NAFTA± Lumber products (i.e., veneer, joist, particle (Co.). 00436 board, dimensional lumber products). Dia-Netics, Inc.; Mocoil (Co.) ...... Marionville, MO ...... 4/17/95 NAFTA± Miniature electric coils for relay systems. 00437 Superior Technologies, Inc.; Paris Texas Paris, TX ...... 4/18/95 NAFTA± Electrical waterbases and enclosures. Div. (IBEW). 00438 Scotty's Fashions; Lewistown Plant (ILGWU) Lewistown, PA ...... 4/19/95 NAFTA± Ladies' jackets, vests, and slacks. 00439 General Electric Company; Motors and Fort Wayne, IN ...... 4/18/95 NAFTA± D.C. motors and transformers. Transformers Div. (IUE). 00440 Laidlaw Corporation; Metropolis Plant (Wkrs) Metropolis, IL ...... 4/17/95 NAFTA± Fly swatters. 00441 Armstrong Pumps Inc. (Wkrs) ...... N. Tonawanda, NY .. 4/21/95 NAFTA± Commercial pumps; pressure booster sys- 00442 tems and sump and sewage. Studley Products, Inc. (Co.) ...... Newark, NJ ...... 4/26/95 NAFTA± Bags (i.e., vacuum, lawn mower, and air 00443 pollution bags). Hagger Clothing Co.; Robstown Mfg. Co. Robstown, TX ...... 4/27/95 NAFTA± Men's pants. (Co.). 00444 Harvard Industries; Elastic Stop Nut Div. Union, NJ ...... 4/28/95 NAFTA± Aerospace fasteners. (UAW). 00445 Quebecor Printing, Inc.; Buffalo (Wkrs) ...... Depew, NY ...... 4/28/95 NAFTA± Printed material. 00446 Debmar Knitwear Ltd. (ILGWU) ...... Hauppage, NY ...... 4/28/95 NAFTA± Men's and women's sweaters. 00447 American Standard Apparel Corp.; Kan- Williamsport, PA ...... 5/01/95 NAFTA± Women's apparel. Trak-Ter Division (Wkrs). 00448 Palliser Furniture; Assembly, Upholstery, Fargo, ND ...... 5/01/95 NAFTA± Leather upholstered chairs. Sewer (Wkrs). 00449 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32029 APPENDIXÐContinued Date re- ceived at Petitioner (Union/workers/firm) Location governor's Petition No. Articles produced office Gist Brocades Food Inc. (Wkrs) ...... East Brunswick, NJ . 5/01/95 NAFTA± Compressed yeast. 00450 FHF Apparel Corp.; of 500 Fashion Group Miami, FL ...... 5/04/95 NAFTA± Men's suits and sportcoats. (ACTW). 00451 Rogerson Aircraft Corp.; Rogerson Hiller/ Port Angeles, WA .... 5/04/95 NAFTA± Aerocomposites. Aerocomposites (Wkrs). 00452 Big Sky Washington (Wkrs) ...... Tacoma, WA ...... 5/04/95 NAFTA± Sportswear. 00453 Riley Stoker Corp.; Erie Plant (BMU) ...... Erie, PA ...... 5/04/95 NAFTA± Boilers. 00454 ADA Block Company (Wkrs) ...... Ada, OK ...... 5/05/95 NAFTA± Blocks. 00455 Noll Printing Inc.; Commercial Sales (GCIU) Huntington, IN ...... 5/08/95 NAFTA± Commercial printing. 00456 Lockheed; Fort Worth Div. (IAM) ...... Fort Worth, TX ...... 5/01/95 NAFTA± Wiring harnesses. 00457 The Travelers (Wkrs) ...... Voorhees, NJ ...... 5/15/95 NAFTA± Medical claims. 00458 Usher Products International, Inc. (Wkrs) ..... San Antonio, TX ...... 5/15/95 NAFTA± Candy. 00459 Blind Design (Wkrs) ...... Tempe, AZ ...... 5/15/95 NAFTA± Mini blinds. 00460 King Design Inc.; Production (Wkrs) ...... Eugene, WA ...... 5/15/95 NAFTA± Commercial interior graphic design prod- 00461 ucts. Robert Shaw Control Company; Grayson El Paso, TX ...... 5/17/95 NAFTA± Control valve assemblies. Div. (Co.). 00462 Ohio Edison Co.; W.H. Sammis Plant Stratton, OH ...... 5/18/95 NAFTA± Electricity. (UWUA). 00463 Penn Ventilator; Keyser Div. (SMWU) ...... Keyser, WV ...... 5/18/95 NAFTA± ATC, mechanical units, B-units. 00464 Owens-Brockway Glass Container Corp.; Pomona, CA ...... 5/18/95 NAFTA± Glass containers. Plant #28 (AFGWU). 00465 AMSCO International (Co.) ...... Erie, PA ...... 5/16/95 NAFTA± Basil washing equipment. 00466 Vernitron; VRN International (Wkrs) ...... St. Petersburg, FL ... 5/22/95 NAFTA± Electronic components ie. trimmers. 00467 Bear Cat Logging Inc.; Logging & Trucking Klamath Falls, OR ... 5/19/95 NAFTA± Logs and timber. (Wkrs). 00468 Planergy New York Inc. (Wkrs) ...... East Syracuse, NY .. 5/23/95 NAFTA± Electricity. 00469 Seagull Energy Corporation; Mid Continent Amarillo, TX ...... 5/23/95 NAFTA± Oil and gas. Region (Wkrs). 00470 Tippens Apparel Trim, Inc. (Wkrs) ...... Conley, GA ...... 5/24/95 NAFTA± Apparel belts. 00471 Chevron; West State Inc. (BOILERS) ...... Portland, OR ...... 5/24/95 NAFTA± Crude oil. 00472 Pacific Lumber & Shipping Co.; (All Divi- Seattle, WA ...... 5/24/95 NAFTA± Lumber. sions) (CARPENTERS). 00473 Scout Trucking Company (Co.) ...... Spring City, PA ...... 5/11/95 NAFTA± Trucking. 00474 Dante Fashions Inc. (ILGWU) ...... Jeannette, PA ...... 5/24/95 NAFTA± Women's skirts and slacks. 00475 Esselte Pendaflex Corp. (GLIU) ...... Syracuse, NY ...... 5/25/95 NAFTA± Printed products (i.e., ledger sheets, colum- 00476 nar sheets, and columnar pads). Crown Pacific L.P.; Colburn Unit (WOOD- Sandpoint, ID ...... 5/25/95 NAFTA± Lumber. WORK). 00477 Richs Products; Bakery Division (BC&T) ...... Dayton, OH ...... 5/30/95 NAFTA± Muffins. 00478 [FR Doc. 95–14923 Filed 6–16–95; 8:45 am] Notice of Determinations Regarding Department of Labor herein presents BILLING CODE 4510±30±M Eligibility To Apply for Worker summaries of determinations regarding Adjustment Assistance and NAFTA eligibility to apply for trade adjustment Transitional Adjustment Assistance assistance for workers (TA–W) issued during the period of May, 1995. In accordance with Section 223 of the In order for an affirmative Trade Act of 1974, as amended, the determination to be made and a 32030 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices certification of eligibility to apply for MI was a corporate decision to move TA–W–30,869; Ochoco Lumber Co., worker adjustment assistance to be one of the subject firms product lines Prineville, OR issued, each of the group eligibility (Platform seating) to a new affiliated A certification was issued covering all requirements of Section 222 of the Act facility in Greensville, SC. workers separated on or after March 15, must be met. TA–W–30,978; Scout Trucking Co., 1994. (1) that a significant number or Spring City, PA TA–W–31,013; Marie Coats & Suite, Inc., proportion of the workers in the Increased imports did not contribute Clifton, NJ workers’ firm, or an appropriate importantly to worker separations at the A certification was issued covering all subdivision thereof, have become totally firm. or partially separated, workers separated on or after December (2) that sales or production, or both, TA–W–30,897; Stewart Warner 21, 1993. of the firm or subdivision have Instrument Corp., El Paso, TX TA–W–30,925 & A; Collegeville decreased absolutely, and The workers’ firm does not produce Engineering, Zionsville, PA and (3) that increases of imports of articles an article as required for certification Norristown, PA like or directly competitive with articles under Section 222 of the Trade Act of A certification was issued covering all produced by the firm or appropriate 1974. workers separated on or after April 3, subdivision have contributed Affirmative Determinations for Worker 1994. importantly to the separations, or threat Adjustment Assistance Also, pursuant to Title V of the North thereof, and to the absolute decline in American Free Trade Agreement sales or production. TA–W–30,889; Decorp, Inc., Carrollton, Implementation Act (P.L. 103–182) TX Negative Determinations for Worker concerning transitional adjustment assistance hereinafter called (NAFTA–TAA) and in Adjustment Assistance A certification was issued covering all workers separated on or after March 24, accordance with Section 250(a) Subchapter In each of the following cases the 1994. D, Chapter 2, Title II, of the Trade Act as investigation revealed that criterion (3) amended, the Department of Labor presents TA–W–30,921; Forbo Industries, Inc., summaries of determinations regarding has not been met. A survey of customers Hazleton, PA indicated that increased imports did not eligibility to apply for NAFTA–TAA issued contribute importantly to worker A certification was issued covering all during the months of May, 1995. separations at the firm. workers separated on or after April 17, In order for an affirmative determination to 1994. be made and a certification of eligibility to TA–W–30,898; CPC Vending, Inc., TA–W–30,903; Ullenberg Corp., apply for NAFTA–TAA the following group Greenville, TX eligibility requirements of Section 250 of the TA–W–30,955; Trinity Industries, Chattanooga, TN Trade Act must be met: Brownsville, PA A certification was issued covering all (1) that a significant number or proportion TA–W–30,991; Paragon Trade Brands, workers separated on or after March 23, of the workers in the workers’ firm, or an Inc., City of Industry (LaPuente), CA 1994. appropriate subdivision thereof, (including TA–W–30,882; Fisher & Porter TA–W–30,969; Cooper Industries, Inc., workers in any agricultural firm or Electronics, Vineland, NJ Cooper Power Systems Div., appropriate subdivision thereof) have In the following cases, the become totally or partially separated from Coraopolis, PA employment and either— investigation revealed that the criteria A certification was issued covering all (A) that sales or production, or both, of for eligibility have not been met for the workers separated on or after April 17, such firm or subdivision have decreased reasons specified. 1994. absolutely, TA–W–30,936; Continental Airlines, TA–W–31,028; Zwickel, Inc., (including (B) that imports from Mexico or Canada of Denver, CO articles like or directly competitive with workers Leased from Out Staff), articles produced by such firm or subdivision The workers’ firm does not produce Philadelphia, PA an article as required for certification have increased. A certification was issued covering all (C) That the increase in imports under Section 222 of the Trade Act of workers separated on or after April 24, contributed importantly to such workers’ 1974. 1994. separations or threat of separation and to the TA–W–30,975; Halliburton, Midland, TA–W–31,060; Norcross Footwear, Inc., decline in sales or production of such firm TX of subdivision; or Nashua, NH Increased imports did not contribute (2) that there has been a shift in production A certification was issued covering all importantly to worker separations at the by such workers’ firm or subdivision to firm. workers separated on or after May 10, Mexico or Canada of articles like or directly 1994. competitive with articles which are produced TA–W–30,982; Linea Aeropostal by the firm or subdivision. Venezolana, Miami, FL TA–W–30,947; Brown Shoe Co., Jeff Vander-Lou Plant, St. Louis, MO The workers’ firm does not produce Negative Determinations NAFTA–TAA an article as required for certification A certification was issued covering all NAFTA–TAA–00429; Black Box Corp., under Section 222 of the Trade Act of workers separated on or after April 11, Lawrence, PA 1994. 1974. The investigation revealed that TA–W–30,974; Tidewater Compression TA–W–30,880; GE Power Systems, criteria (3) and (4) were not met. There Service, Inc., Houston, TX Schenectady, NY was no shift in production from Black The workers’ firm does not produce A certification was issued covering all Box Corp, Lawrence, PA to Mexico or an article as required for certification workers separated on or after November Canada during the period under under Section 222 of the Trade Act of 19, 1993. investigation, nor did the subject firm 1974. TA–W–30,968; Superior Technology, import from Mexico or Canada any TA–W–30,951; Interkal, Inc., Inc., Paris, TX articles that are like or directly Kalamazoo, MI A certification was issued covering all competitive with computer supplies. The predominate reason for the layoff workers separated on or after April 12, NAFTA–TAA–00432; Names, Inc., of workers at Interkal, Inc., Kalamazoo, 1994. Allentown, PA Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32031 The investigation revealed that Inc., Humptulips, WA separated on or [TA±W±30,889] criteria (3) and (4) were not met. Survey after March 9, 1994. results revealed that customers did not Decorp, Inc., A/K/A Kellwood Co., import a significant proportion of NAFTA–TAA–00411; Anchor Hocking Carrollton, TX; Amended Certification children’s clothing from Mexico or Packaging Co., Closure Div., Regarding Eligibility To Apply for Canada. Glassboro, NJ Worker Adjustment Assistance NAFTA–TAA–00438; Superior A certification was issued covering all In accordance with Section 223 of the Technology, Inc., Paris, TX workers at Anchor Hocking Packaging Trade Act of 1974 (19 U.S.C. 2273) the The investigation revealed that Co., Closure Div., Glassboro, NJ Department of Labor issued a Notice of criteria (3) and (4) were not met. The separated on or after March 20, 1994. Certification Regarding Eligibility to subject firm reduced imports from Apply for Worker Adjustment NAFTA–TAA–00407; Summit Timber Canada of articles that are like or Assistance on May 18, 1995, applicable Co., Darrington, WA directly competitive with electrical to all workers of DeCorp, Incorporated, meter sockets. A certification was issued covering all located in Carrollton, Texas. The notice NAFTA–TAA–00329; Swift Adhesives workers at Summit Timber Co., will soon be published in the Federal (Reichold Chemical, Inc.) St. Darrington, WA separated on or after Register. Joseph, MO March 23, 1994. New information received from the The investigation revealed that company shows that some of the NAFTA–TAA–00439 & A; Scotty’s criteria (3) and (4) were not met. The workers at DeCorp, Incorporated had Fashions, Lewistown, PA and investigation findings showed that their unemployment insurance (UI) customers imports from Canada or Kresgeville Manufacturing, Inc., taxes paid to Kellwood Company. Mexico did not have a negative impact Kresgeville, PA Accordingly, the Department is on the subject firm during the periods A certification was issued covering all amending the certification to properly under investigation. workers at Scotty’s Fashions, reflect this matter. NAFTA–TAA–00431; Skelgas Propane, Lewistown, PA and Kresgeville The intent of the Department’s Inc., Skelgas A.S., Inc, Oak Brook, Manufacturing, Inc., Kresgeville, PA certification is to include all workers of IL separated on or after April 19, 1994. DeCorp, Incorporated who were The investigation revealed that the adversely affected by increased imports. workers of Skelgas Propane, Inc., NAFTA–TAA–00437; Dia-Netics, Mocoil The amended notice applicable to Skelgas A.S., Inc., Oak Brook, IL do not Div., Marionville, MO TA–W–30,889 is hereby issued as produce an article within the meaning A certification was issued covering all follows: of Section 250(a) of the Trade Act, as workers at Dia-Netics, Mocoil Div., ‘‘All workers of DeCorp, Incorporated, a/k/ amended. Marionville, MO separated on or after a Kellwood Company, Carrollton, Texas who NAFTA–TAA–00323; LaVelle Powder April 17, 1994. became totally or partially separated from Co., Inc., Butte, MT employment on or after March 24, 1994 are NAFTA–TAA–00436; Louisiana Pacific, eligible to apply for adjustment assistance The investigation revealed that the Northern Div., Hayden Lake, ID & under Section 223 of the Trade Act of 1974.’’ workers of LaVelle Powder Co., Inc., Operating at Following Other Signed at Washington, D.C. this 1st day of Butte, MT do not produce an article June 1995. within the meaning of Section 250(a) of Locations: A; Belgrade, MY, B; the Trade Act, as amended. Chilco, ID, C; Deerlodge, MT, D; Victor J. Trunzo, Libby, MT, E; Moyie Springs, ID, F; Program Manager, Policy and Reemployment Affirmative Determinations NAFTA– Pilot Rock, OR, G; Priest River, ID, Services, Office of Trade Adjustment TAA H; Rexburg, ID, I; Saratoga, WY, J; Assistance. NAFTA–TAA–00430; Softhard Systems, Tacoma, WA, K; Walden, Co, L; [FR Doc. 95–14928 Filed 6–16–95; 8:45 am] Inc., Houston, TX Walla Walla, WA. BILLING CODE 4510±30±M A certification was issued covering all A certification was issued covering all workers at Softhard Systems, Inc., workers at the above mentioned [TA±W±31, 045] Houston TX separated on or after April locations, who became separated on or 13, 1994. Engraph Label Group, Patton Division, after April 12, 1994. NAFTA–TAA–00434; Marconi Moorestown, NJ; Notice of Termination Technologies, Inc., Lancaster, PA I hereby certify that the aforementioned of Investigation A certification was issued covering all determinations were issued during the month Pursuant to Section 221 of the Trade workers at Marconi Technologies, Inc., of May, 1995. Copies of these determinations Act of 1974, an investigation was Lancaster, PA separated on or after are available for inspection in Room C–4318, initiated on May 22, 1995 in response to April 14 1994. U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210 a worker petition which was filed on NAFTA–TAA–00433 & A; Anchor Glass May 22, 1995 on behalf of workers at Container Corp., Gurnee, IL and during normal business hours or will be mailed to persons who write to the above Engraph Label Group, Patton Division, Huntington Park, CA address. Moorestown, NJ. A certification was issued covering all Dated: May 26, 1995. The petitioning group of workers had workers at Anchor Glass Container filed a petition for another facility in Victor J. Trunzo, Corp., Gurnee, IL and Huntington Park, Delran, NJ (TA–W–31,044). After a CA separated on or after March 31, Program Manager, Policy and Reemployment conversation with one of the petitioners 1994. Services, Office of Trade Adjustment it was discovered that the Delran, NJ NAFTA–TAA–00388; West Pac Cedar Assistance. facility is the only location they Products, Inc., Humptulips, WA [FR Doc. 95–14926 Filed 6–16–95; 8:45 am] intended to cover with the petition, not A certification was issued covering all BILLING CODE 4510±30±M the company headquarters or plant in workers at West Pac Cedar Products, Moorestown, NJ. Under the law, 32032 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices workers can only file a petition for the Signed at Washington, D.C. this 1st day of Administrator, and incorporated as part location in which they worked. Further June 1995. of the plan, the State submitted updated discussion with James Searcy, the Vice- Victor J. Trunzo, State standards identical to 29 CFR parts President of Finance and Program Manager, Policy and Reemployment 1904, 1910, 1915, 1917, 1918, 1926 and Administration, revealed that the plant Services, Office of Trade Adjustment 1928, and subsequent amendments in Moorestown did not produce the Assistance. thereto, as described below: same product as the Delran facility, nor [FR Doc. 95–14927 Filed 6–16–95; 8:45 am] (1) Addition to 29 CFR parts 1910, had there been any recent layoffs at the BILLING CODE 4510±30±M 1915, 1917, 1918, 1926, and 1928, Moorestown facilities. Consequently, Retention of DOT Markings, Placards, further investigation in this case would and Labels; Final Rule (59 FR 36695, Occupational Safety and Health dated 7/19/94). This standard became serve no purpose, and the investigation Administration has been terminated. effective on January 19, 1995, pursuant to Section 31–372 of the Connecticut Connecticut State Standards, Notice of Signed in Washington, D.C. this 7th day of General Statutes. Approval June, 1995. (2) Addition to 29 CFR part 1904, Victor J. Trunzo, 1. Background Reporting of Fatality or Multiple Hospitalization Incidents; Final Rule (59 Program Manager, Policy and Reemployment Part 1953 of Title 29, Code of Federal Services, Office of Trade Adjustment FR 15594, dated April 1, 1995). This Regulations, prescribes procedures Assistance. standard became effective on January under Section 18 of the Occupational 19, 1995, pursuant to Section 31–372 of [FR Doc. 95–14924 Filed 6–16–95; 8:45 am] Safety and Health Act of 1970 the Connecticut General Statutes. BILLING CODE 4510±30±M (hereinafter called the Act) by which the Regional Administrator for (3) Addition to 29 CFR parts 1910 and Occupational Safety and Health 1926, Safety Standards for Fall Protection in the Construction Industry; [TA±W-30,878] (hereinafter called Regional Administrator) under a delegation of Final Rule (59 FR 40730, dated August Russell-Newman, Inc., A/K/A Russell- authority from the Assistant Secretary of 9, 1994). This standard became effective Newman Manufacturing, Stamford, TX; Labor for Occupational Safety and on February 23, 1995, pursuant to Amended Certification Regarding Health (hereinafter called the Assistant Section 31–372 of the Connecticut Eligibility To Apply for Worker Secretary), (29 CFR 1953.4), will review General Statutes. Adjustment Assistance and approve standards promulgated (4) Addition to 29 CFR parts 1910, pursuant to a State Plan, which has been 1915, and 1926, Occupational Exposure In accordance with Section 223 of the approved in accordance with Section to Asbestos; Final Rule and Corrections Trade Act of 1974 (19 USC 2273) the 18(c) of the Act and 29 CFR part 1902. (59 FR 40964, dated 8/10/94, and 60 FR 11194, dated 3/1/95). This standard Department of Labor issued a Notice of On November 3, 1978, notice was became effective on February 23, 1995, Certification Regarding Eligibility to published in the Federal Register (43 pursuant to Section 31–372 of the Apply for Worker Adjustment FR 51390) of the approval of the Connecticut General Statutes. Assistance on May 4, 1995, applicable Connecticut Public Sector State Plan and the adoption of Subpart E to part (5) Addition to 29 CFR part 1915, to all workers of Russell-Newman, Inc., Confined and Enclosed Spaces and Stamford, Texas. The notice was 1956 containing the decision. The Connecticut Public Sector only Other Dangerous Atmospheres in published in the Federal Register on Shipyard Employment; Final Rule and May 17, 1995 (60 FR 26459). State Plan provides for the adoption of Federal standards as State standards Corrections (59 FR 37816, dated 7/25/ New information received from the after: 94, and 60 FR 14218, dated 3/16/95). State Agency shows that some of the a. Publishing an intent to amend the This standard became effective on workers at Russell-Newman, Inc., had State Plan by adopting the standard(s) in February 23, 1995, pursuant to Section their unemployment insurance (UI) the Connecticut Law Journal. 31–372 of the Connecticut General taxes paid to Russell-Newman b. Approval by the Commissioner of Statutes. Manufacturing. Labor and the Attorney General of the (6) Addition to 29 CFR parts 1910 and 1928, Logging Operations; Final Rule Accordignly, the Department is State of Connecticut. (59 FR 51672, dated 10/12/94). This amending the certification to properly c. Approval by the Legislative Regulation Review Committee, State of standard became effective on April 19, reflect this matter. Connecticut. 1995, pursuant to Section 31–372 of the The intent of the Department’s d. Filing in the Office of the Secretary Connecticut General Statutes. certification is to include all workers of of State, State of Connecticut. 2. Decision Russell-Newman, Inc., who were e. Publishing a notice that the State adversely affected by increased imports. Plan is amended by adopting the OSHA has determined that the State’s The amended notice applicable to standard(s) in the Connecticut Law standards for Retention of DOT TA–W–30,878 is hereby issued as Journal. Markings, Placards, and Labels, Reporting of Fatality or Multiple follows: The Connecticut Public Sector State Plan provides for the adoption of State Hospitalization Incidents, Safety ‘‘All workers of Russell-Newman, Inc., a/k/ standards which are at least as effective Standards for Fall Protection in the a Russell-Newman Manufacturing, Stamford, as comparable Federal standards Construction Industry, Occupational Texas who became totally or partially promulgated under Section 6, of the Exposure to Asbestos, Confined and separated from employment on or after Act. Enclosed Spaces and Other Dangerous March 17, 1994 are eligible to apply for By letter dated April 28, 1995, from Atmospheres in Shipyard Employment, adjustment assistance under section 223 of Commissioner John E. Saunders, III, and Logging Operations are identical to the Trade Act of 1974.’’ Connecticut Department of Labor, to the comparable Federal standards, and John T. Phillips, Regional therefore approves these standards. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32033 3. Location of Supplement for by the Administrator of the National concerns set out in the draft EIS. Inspection and Copying Aeronautics and Space Administration. Anyone who wants to speak will be A copy of the standards supplement, Written objections to the prospective heard and anyone who so desires may along with the approved plan, may be grant of a license to Modern Machine sign up in advance by calling (202) 724– inspected and copied during normal and Tool Co., Inc., should be sent to Ms. 0174 or in person at the hearing. business hours at the following Kimberly A. Chasteen, Patent Attorney, Speakers will be heard in the order of locations: Office of the Regional NASA Langley Research Center. signing up. In the interest of time, each Administrator, 133 Portland Street, DATES: Reponses to this Notice must be speaker will be asked to limit oral Boston, Massachusetts, 02114; Office of received by August 18, 1995. comments to five (5) minutes. the Commissioner, State of Connecticut, FOR FURTHER INFORMATION CONTACT: As noted in the Federal Register of Department of Labor, 200 Folly Brook Ms. Kimberly A. Chasteen, NASA June 16, 1995, copies of the draft EIS are Boulevard, Wethersfield, Connecticut Langley Research Center, Mail Code available for inspection at the National 06109, and the OSHA Office of State 212, Hampton, Virginia 23681–0001; Capital Planning Commission at 801 Programs, Room N–3476, Third Street (804) 864–3227. Pennsylvania Avenue NW., Suite 301 and Suite 1130 of One Judiciary Square and Constitution Avenue, NW., Dated: June 12, 1995. Washington, DC 20210. at 441 4th Street, NW. As also noted, Edward A. Frankle, written comments on the Draft EIS must 4. Public Participation General Counsel. be postmarked by July 31, 1995 and sent Under 29 CFR 1953.2(c), the Assistant [FR Doc. 95–14865 Filed 8–16–95; 8:45 am] to the National Capital Planning Secretary may prescribe alternative BILLING CODE 7510±01±M Commission. procedures to expedite the review FOR FURTHER INFORMATION CONTACT: process or for other good cause which National Capital Planning Commission, may be consistent with applicable laws. NATIONAL CAPITAL PLANNING 801 Pennsylvania Avenue, NW., Suite The Assistant Secretary finds that good COMMISSION 301, Washington, DC 20576. Attention: cause exists for not publishing the Ms. Sandra H. Shapiro, General supplement to the Connecticut Public Intent To Hold Public Meeting Counsel, Phone: (202) 724–0174. Sector Plan as a proposed change and AGENCY: National Capital Planning Sandra H. Shapiro, making the Regional Administrator’s Commission. General Counsel, National Capital Planning approval effective upon publication for ACTION: Proposed construction and Commission. the following reason. operation of a sports and entertainment [FR Doc. 95–14875 Filed 6–16–95; 8:45 am] 1. The standards were adopted in arena in Washington, DC.; Notice of BILLING CODE 7502±02±M accordance with the procedural public meeting. requirements of State law which included public comment, and further SUMMARY: In a Notice dated May 15, NATIONAL FOUNDATION ON THE public participation would be 1995 (60 FR 25930), the National Capital ARTS AND THE HUMANITIES repetitious. Planning Commission stated its This decision is effective on June 19, intention to prepare an Environmental Meetings of Humanities Panel 1995. Impact Statement (EIS) for the proposed Authority: Sec. 18, Pub. L. 91–596, 84 Stat. construction and operation of a new AGENCY: National Endowment for the 1608 (29 U.S.C. 667). sports and entertainment arena in Humanities, National Foundation on the Signed at Boston, Massachusetts, this 11th Washington, DC, pursuant to Section Art and the Humanities. day of May 1995. 106(2)(c) of the National Environmental ACTION: Notice of meetings. John T. Phillips, Policy Act of 1969 (NEPA) as SUMMARY: Pursuant to the provisos of Regional Administrator. implemented by the Council on Environmental Quality regulations (40 the Federal Advisory Committee Act [FR Doc. 95–14931 Filed 6–16–95; 8:45 am] (Public Law 92–463, as amended), BILLING CODE 4510±26±M CFR parts 1500–1508) and in accordance with Environmental Policies notice is hereby given that the following and Procedures implemented by the meetings of the Humanities Panel will Commission. A Draft EIS was published be held at the Old Post Office, 1100 NATIONAL AERONAUTICS AND Pennsylvania Avenue, NW., SPACE ADMINISTRATION on June 9, 1995. The Commission has determined that Washington, DC 20506. [Notice (95±041)] it would be appropriate to hold a public FOR FURTHER INFORMATION CONTACT: meeting prior to the issuance of a final David C. Fisher, Advisory Committee Notice of Prospective Patent License EIS. The public meeting will be held on Management Officer, National Endowment for the Humanities, AGENCY: National Aeronautics and Monday, July 17, 1995 at the DC Space Administration. Convention Center, at 900 9th Street Washington, DC 20506; telephone (202) 606–8322. Hearing-impaired individuals ACTION: Notice of Prospective Patent NW., Room 10. Adequate signs will be are advised that information on this License. posted to direct meeting participants. Representatives of the National Capital matter may be obtained by contacting SUMMARY: NASA hereby gives notice Planning Commission and District of the Endowment’s TDD terminal on (202) that Modern Machine and Tool Co., Inc., Columbia Government will be available 606–8282. of Newport News, Virginia, has applied from 5 to 7 p.m. to discuss specific SUPPLEMENTARY INFORMATION: The for an exclusive license to practice the concerns. At 7 p.m. a short formal proposed meetings are for the purpose invention described and claimed in U.S. presentation will precede the public of panel review, discussion, evaluation Patent No. 08/XXX,XXX, entitled ‘‘Six comments. It is important that Federal, and recommendation on applications Component Force Balance Calibration regional, and local agencies, and other for financial assistance under the System’’, which is assigned to the interested individuals and groups take National Foundation on the Arts and the United States of America as represented this opportunity to respond to the Humanities Act of 1965, as amended, 32034 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices including discussion of information College Teachers meeting will review 16. Date: July 31, 1995. given in confidence to the agency by the applications in Art History I, submitted to the Time: 8:30 a.m. to 5:30 p.m. grant applicants. Because the proposed Division of Research Programs, for projects Room: 430. meetings will consider information that beginning after January 1, 1996. Program: This meeting will review proposals submitted to the May 1, 1995 is likely to disclose: (1) Trade secrets 8. Date: July 18, 1995. Time: 8:30 a.m. to 5:30 p.m. deadline in the Office of Challenge Grants and commercial or financial information Room: 430. Program, for projects beginning after obtained from a person and privileged Program: This meeting will review December 1995. or confidential; or (2) information of a proposals submitted to the May 1, 1995 David C. Fisher, personal nature the disclosure of which deadline in the Office of Challenge Grants Advisory Committee Management Officer. would constitute a clearly unwarranted Programs, for projects beginning after [FR Doc. 95–14888 Filed 6–16–95; 8:45 am] invasion of personal privacy, pursuant December 1995. to authority granted me by the 9. Date: July 24, 1995. BILLING CODE 7536±01±M Chairman’s Delegation of Authority to Time: 8:30 a.m. to 5:30 p.m. Close Advisory Committee meetings, Room: 315. Program: This meeting will review dated July 19, 1993, I have determined NATIONAL FOUNDATION FOR THE Fellowships for University Teachers ARTS AND THE HUMANITIES that these meetings will be closed to the application in American History and Studies public pursuant to subsections (c)(4), I, submitted to the Division of Research Arts in Education Advisory Panel; and (6) of section 552b of Title 5, United Programs, for projects beginning after January States Code. 1, 1996. Meeting 1. Date: July 12, 1995. 10. Date: July 24–25, 1995. Pursuant to Section 10(a)(2) of the Time: 8:30 a.m. to 5:30 p.m. Time: 8:30 a.m. to 5:00 p.m. Federal Advisory Committee Act (Public Room 430. Room: 415. Law 92–463), as amended, notice is Program: This meeting will review Program: This meeting will review proposals submitted to the May 1, 1995 applications submitted to the Humanities hereby given that a meeting of the deadline in the Office of Challenge Grants, Projects in Museums and Historical Partnership Advisory Panel (Arts in for projects beginning after December 1995. Organizations programs, submitted to the Education Section) to the National 2. Date: July 12, 1995. Division of Public Programs, for projects Council on the Arts will be held on June Time: 8:30 a.m. to 5:30 p.m. beginning after January 1, 1996. 28, 1995 from 10:30 a.m. to 1:30 p.m. Room 415. 11. Date: July 25, 1995. This meeting will be held in Room 730, Program: This meeting will review Time: 8:00 a.m. to 5:30 p.m. at the Nancy Hanks Center, 1100 applications submitted to Humanities Room: 315. Pennsylvania Avenue, NW., Projects in Museums and Historical Program: This meeting will review Organizations program, for projects Washington, DC 20506. Fellowships for University Teachers Portions of this meeting will be open beginning after June 2, 1995. application in Music, Dance, Theater & Film 3. Date: July 11, 1995. History and Criticism, submitted to the to the public from 10:30 a.m. to 11 a.m. Time: 8:30 a.m. to 5:30 p.m. Division of Research Programs, for projects for welcome and introductions and from Room 315. beginning after January 1, 1996. 1 p.m. to 1:30 p.m. for a policy Program: This meeting will review 12. Date: July 26, 1995. discussion. Fellowships for University Teachers Time: 8:00 a.m. to 5:30 p.m. The remaining portion of this meeting applications in British Literature; Rhetoric; Room: 430. from 11 a.m. to 1 p.m. is for the purpose and Composition, submitted to the Division Program: This meeting will review of Panel review, discussion, evaluation, of Research Division, for projects beginning Fellowships for College Teachers and recommendation on applications after January 1, 1996. applications in Music, Theater and Film, for financial assistance under the 4. Date: July 14, 1995. submitted to the Division of Research National Foundation on the Arts and the Time: 8:30 a.m. to 5:30 p.m. Programs, for projects beginning after January Room 430. 1, 1996. Humanities Act of 1965, as amended, including information given in Program: This meeting will review 13. Date: July 27–28, 1995. proposals submitted to the May 1, 1995 Time: 8:30 a.m. to 5:00 p.m. confidence to the agency by grant deadline in the office of Challenge Grants, for Room: 415. applicants. In accordance with the projects beginning after December 1995. Program: This meeting will review determination of the Chairman of 5. Date: July 17, 1995. applications submitted to the Humanities February 8, 1994 this session will be Time: 8:00 a.m. to 5:30 p.m. Projects in Museums and Historical closed to the public pursuant to Room 415. programs, submitted to the Division of Public subsection (c) (4), (6) and (9)(B) of Program: This meeting will review Programs, for projects beginning after January section 552b of Title 5, United States Fellowships for College Teachers 1, 1996. Code. applications in European History, submitted 14. Date: July 28, 1995. to the Division of Research Programs, for Any person may observe meetings, or Time: 8:00 a.m. to 5:30 p.m. portions thereof, of advisory panels projects beginning after January 1, 1996. Room: 415. 6. Date: July 18, 1995. Program: This meeting will review which are open to the public, and may Time: 8:00 a.m. to 5:30 p.m. Fellowships for College Teachers be permitted to participate in the Room: 315. applications in American History I, panel’s discussions at the discretion of Program: This meeting will review submitted to the Division of Research the panel chairman and with the Fellowships for University Teachers Programs, for projects beginning after January approval of the full-time Federal applications in Comparative Literature; 1, 1996. employee in attendance. Germanic, Slavic, and Asian Languages and 15. Date: July 31, 1995. If you need special accommodations Literatures; and Linguistics, submitted to the Time: 8:00 a.m. to 5:30 p.m. due to a disability, please contact the Division of Research Programs, for projects Room: 415. beginning after January 1, 1996. Office of Special Constituencies, Program: This meeting will review National Endowment for the Arts, 1100 7. Date: July 18, 1995. Fellowships for College Teachers Time: 8:00 a.m. to 5:30 p.m. applications in Sociology, Psychology, and Pennsylvania Avenue, NW., Room: 415. Education, submitted to the Division of Washington, DC 20506, 202/682–5532, Program: This combines Fellowships for Research Programs, for projects beginning TYY 202/682–5496, at least seven (7) University Teachers and Fellowships for after January 1, 1996. days prior to the meeting. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32035 Further information with reference to Further information with reference to date, NSF is now changing the effective this meeting can be obtained from Ms. this meeting can be obtained from Ms. date of its Investigator Financial Yvonne Sabine, Committee Management Yvonne Sabine, Committee Management Disclosure Policy to October 1, 1995. Officer, National Endowment for the Officer, National Endowment for the Dated: June 13, 1995. Arts, Washington, DC 20506, or call Arts, Washington, DC 20506, or call Lawrence Rudolph, 202/682–5788. 202/682-5788. General Counsel. Dated: June 13, 1995. Dated: June 13, 1995. [FR Doc. 95–14855 Filed 6–16–95; 8:45 am] Yvonne M. Sabine, Yvonne M. Sabine, BILLING CODE 7555±01±M Director, Office of Council and Panel Director, Office of Council and Panel Operations, National Endowment for the Arts. Operations, National Endowment for the Arts. [FR Doc. 95–19421 Filed 6–16–95; 8:45 am] [FR Doc. 95–14922 Filed 6–16–95; 8:45 am] NUCLEAR REGULATORY BILLING CODE 7537±01±M BILLING CODE 7537±01±M COMMISSION Documents Containing Reporting or Dance Advisory Meeting: Dance NATIONAL SCIENCE FOUNDATION Recordkeeping Requirements: Office Company Grants Sections A&B of Management and Budget (OMB) Investigator Financial Disclosure Review Pursuant to Section 10(a)(2) of the Policy Federal Advisory Committee Act (Public AGENCY: U.S. Nuclear Regulatory Law 92–463), as amended, notice is AGENCY: National Science Foundation. Commission (NRC). hereby given that a meeting of the Dance ACTION: Delay of effective date. ACTION: Notice of the OMB review of Advisory Panel (Dance Company Grants information collection. Sections A & B) to the National Council SUMMARY: The National Science on the Arts will be held on July 10–14, Foundation (NSF) is delaying the SUMMARY: The NRC has recently 1995. Panel A will meet on July 10–13, effective date of its final Investigator submitted to OMB for review of the from 9:00 a.m. to 8:00 p.m. and Panel Financial Disclosure Policy (58 FR following proposal for the collection of B will meet from 9:00 a.m. to 6:00 p.m. 33308) from June 28, 1995 to October 1, information under the provisions of the on July 14. This meeting will be held in 1995. This change is necessary to Paperwork Reduction Act of 1980 (44 Room M–07, at the Nancy Hanks Center, maintain consistency with the U.S.C. Chapter 35). 1100 Pennsylvania Avenue, NW., Department of Health and Human 1. Type of submission, new, revision Washington, DC 20506. Services’ rule on the subject which will or extension: Revision. A portion of this meeting will be open have an effective date of October 1, 2. The title of the information to the public from 9:00 a.m. to 1:00 p.m. 1995. collection: Policy Statement, ‘‘Integrated July 14 for a policy discussion. EFFECTIVE DATE: The effective date of the Schedules’’. The remaining portions of this NSF’s final Investigator Financial 3. The form number if applicable: Not meeting from 9:00 a.m. to 8:00 p.m. on Disclosure Policy is October 1, 1995. applicable. July 10–13 and from 2:00 p.m. to 6:00 FOR FURTHER INFORMATION CONTACT: 4. How often the collection is p.m. on July 14 are for the purpose of Christopher L. Ashley, Assistant required: For those licensees who Panel review, discussion, evaluation, General Counsel, National Science volunteer to participate, a one-time and recommendation on applications Foundation, 4201 Wilson Boulevard, submittal of the integrated schedule for financial assistance under the Room 1265, Arlington, VA 22230 (703) program and the integrated schedule, National Foundation on the Arts and the 306–1060. and periodic updates of the integrated Humanities Act of 1965, as amended, SUPPLEMENTARY INFORMATION: Paperwork schedule. including information given in Reduction Act Control Number 3145– 5. Who will be required or asked to confidence to the agency by grant 0149. report: Nuclear Power Reactor applicants. In accordance with the On June 28, 1994, NSF published in Licensees. determination of the Chairman of the Federal Register a final Policy 6. An estimate of the number of February 8, 1994 these sessions will be announcing revised award conditions responses: 43. closed to the public pursuant to relating to investigator financial 7. An estimate of the total number of subsection (c) (4), (6) and (9)(B) of disclosure. Those revised conditions hours required annually to complete the section 552b of Title 5, United States require grantee institutions to maintain requirement or request: 2,400 hours (300 Code. written and enforced policies on hours per each of eight licensees). In Any person may observe meetings, or investigator conflict of interest. 59 FR addition, there is a one-time burden of portions thereof, of advisory panels 33308 (June 28, 1994). 900 hours (300 hours per each of 3 which are open to the public, and may NSF has been coordinating its licensees) for submittal of the initial be permitted to participate in the Investigator Financial Disclosure Policy integrated schedule program. panel’s discussions at the discretion of with the Public Health Service and the 8. An indication of whether Section the panel chairman and with the Office of the Secretary of the 3504(h), P.L. 96–511 applies: Not approval of the full-time employee in Department of Health and Human applicable. attendance. Services (HHS). At the same time NSF 9. Abstract: The policy statement If you need special accommodations published its final Policy, HHS regarding the development of integrated due to a disability, please contact the published a notice of proposed schedules encourages, but does not Office of Special Constituencies, rulemaking also dealing with require, licensees to develop integrated National Endowment for the Arts, 1100 investigator conflicts. HHS received and schedules. Those licensees who Pennsylvania Avenue, NW., reviewed public comments on that participate in this voluntary program Washington, DC 20506, 202/682–5532, proposed rule and has not yet issued its will develop and submit an integrated TYY 202/682–5496, at least seven (7) final rule. To maintain consistency with schedule program, including days prior to the meeting. HHS’ rule and its anticipated effective prioritization methodology, an 32036 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices integrated schedule, and periodic 3. Report of Technical Working Group Nuclear Industry. The NRC plans to schedule updates. NRC uses the on Review of LSS Level II have copies of the speakers’ visual aids reported information to ensure that Functional Requirements available for attendees. The meeting will licensees are establishing realistic and 4. Future Meeting Topics and Schedule be open to the public; comments and timely implementation schedules. SUPPLEMENTARY INFORMATION: The questions from the audience will be Copies of the submittals may be Nuclear Regulatory Commission (NRC) recognized. inspected or obtained for a fee from the established the LSSARP in 1989 to DATES: The workshop will be held on NRC Public Document Room, 2120 L provide advice and recommendations to July 11 through 13, 1995. Time on 07/ Street, NW (Lower Level), Washington, the NRC and to the Department of 11, 8:30 a.m.–5 p.m.; 07/12, 9 a.m.–5 DC 20555–0001. Energy (DOE concerning the design, p.m.; and 07/13, 9 a.m.–12:00 a.m. Comments and questions should be development and operation of an ADDRESSES: The meeting will be held at directed to the OMB Reviewer: Troy electronic information management NRC Headquarters Auditorium at Two Hillier, Office of Information and system, known as the Licensing Support White Flint North, 11545 Rockville Regulatory Affairs, (3150–0168), NEOB– System (LSS), which will contain Pike, North Bethesda, Maryland 20852. 10202, Office of Management and information relevant to the Budget, Washington, DC 20503. Commission’s future licensing FOR FURTHER INFORMATION CONTACT: Comments can also be submitted by proceeding for a geologic repository for Dr. Richard E. Johnson, U.S. NRC, Mail telephone at (202) 395–3084. The NRC the disposal of high-level radioactive Stop: T–10 E 10, Washington, DC Clearance Officer is Brenda Jo. Shelton, waste. Membership on the Panel 20555, (301–415–6758) (301) 415–7233. consists of representatives of the State Mr. Kurt Cozens, Nuclear Energy Dated at Rockville, Maryland, this 12th day and Local Governments of Nevada, the Institute, 1176 Eye Street, NW, of June 1995. National Congress of American Indians, Washington, DC 20006–3706, (202– For the Nuclear Regulatory Commission. the nuclear industry, DOE, NRC and 739–8085) Gerald F. Cranford, other agencies of the Federal Dated at Rockville, Maryland, this 13th day Designated Senior Official for Information government which have experience of June 1995. Resources Management. with large electronic information For the Nuclear Regulatory Commission. [FR Doc. 95–14877 Filed 6–16–95; 8:45 am] management systems. Ledyard B. Marsh, BILLING CODE 7590±01±M FOR FURTHER INFORMATION CONTACT: John Director, Project Directorate I–1, Division of C. Hoyle, Office of the Secretary, U.S. Reactor Projects—I/II, Office of Nuclear Nuclear Regulatory Commission, Reactor Regulation. Licensing Support System Advisory Washington, DC 20555: telephone 301– [FR Doc. 95–14878 Filed 6–16–95; 8:45 am] Review Panel 415–1969. BILLING CODE 7590±01±M PUBLIC PARTICIPATION: Interested persons AGENCY: Nuclear Regulatory may make oral presentations to the Commission. [Docket No. 030±32827 License No. 13± panel or file written statements. 24866±02 EA 94±240 IA 95±015 IA 95±016] ACTION: Notice of public meeting. Requests for oral presentations should be made to the contact person listed SUMMARY: The Licensing Support Midwest Testing, Inc. Indianapolis, above as far in advance as practicable so System Advisory Review Panel Indiana, Mr. William G. Kimbley and that appropriate arrangements can be (LSSARP) will hold its next meeting on Ms. Joan Kimbley; Confirmatory Order made. July 6–7, 1995, in the Huron Room, I Radisson Inn Green Bay, 2040 Airport Dated: June 13, 1995. Drive, Green Bay, Wisconsin. The Andrew L. Bates, Midwest Testing, Inc. (Licensee) is meeting will be open to the pubic Advisory Committee Management Officer. holder of NRC License No. 13–24866–02 pursuant to the Federal Advisory [FR Doc. 95–14882 Filed 6–16–95; 8:45 am] (License) issued by the Nuclear Regulatory Commission (NRC or Committee Act (Pub. L. 94–463. 86 Stat. BILLING CODE 7590±01±M 770–776). Commission) pursuant to 10 CFR part 30. The License authorized the Licensee AGENDA: The meeting will be held from NRC/Nuclear Energy Institute Public to possess and use cesium-137 and 8:30 a.m. to 5:00 p.m. on Thursday, July americium-241 as sealed sources in 6, and from 9:00 a.m. to Noon, as Workshop on Reactor Pressure Vessel Integrity Issues moisture/density gauges. The License needed, on Friday, July 7, 1995. The was issued on August 19, 1992, and is following agenda is planned: AGENCY: U.S. Nuclear Regulatory being terminated by Amendment No. 1, 1. LSS Administrator’s Activity Report Commission. which is being issued on the date of this a. Status of NRC Senior Management ACTION: Notice of public meeting. Order. Team’s Review of LSS b. Update on Pilot Project Topic and SUMMARY: The Nuclear Regulatory II Plan Commission is holding a public On July 27, 1993, a routine inspection c. Status of Draft Initial NRC/DOE workshop to discuss issues impacting of licensed activities was conducted at Memorandum of Understanding nuclear reactor vessel integrity. The Midwest Testing, Inc. (Licensee) by NRC d. Participant Compliance Guidance agenda includes three principal Region III. During the inspection the 2. DOE Activity Report subjects: (1) Reactor pressure vessel inspector identified that licensee a. Application of Exclusion/Inclusion integrity; (2) pressure vessel annealing management had allowed workers to Criteria and Progress on Loading to recover toughness lost through operate moisture density gauges without Existing Documents into Document neutron radiation; and (3) the personnel monitoring devices (film Management System operational transient known as badges) and that required leak tests of b. Update on DOE Issue Tracking and pressurized thermal shock. the gauges had not been performed. Decision Document Retrieval Presentations will be made by The NRC Office of Investigations (OI) c. Electronic Capturing vs Scanning representatives of the NRC and the conducted an investigation to determine Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32037 whether willful violations of NRC after issuance of the Confirmatory Region III, are acceptable and necessary requirements had occurred. Based on Action Letter. and conclude that with these the NRC inspection and OI Subsequently, an Order Suspending commitments the public health and investigation, it appears that Mr. License (Effective Immediately) was safety are reasonably assured. In view of William G. Kimbley, owner of Midwest issued to the Licensee on August 26, the foregoing, I have determined that the Testing, deliberately violated NRC 1994, for nonpayment of fees, which public health and safety require that the requirements by: required: (1) The Licensee to suspend Licensee’s commitments be confirmed (1) Allowing operators to use moisture NRC licensed activities and dispose of by this Order. its licensed material; and (2) NRC density gauges without personnel IV monitoring devices between December termination of License No. 13–24866–02 24, 1991, and August 25, 1993, in following disposal of the licensed Accordingly, pursuant to sections 81, violation of Condition 18.A of License material. The Licensee disposed of its 161b, 161i, and 186 of the Atomic No. 13–24866–01 (expired on March 31, licensed material in December 1994. Energy Act of 1954, as amended, and 1992) and Condition 20.A of License NRC Region III verified that the licensed the Commission’s regulations in 10 CFR No. 13–24866–02 (issued on August 19, material was properly transferred to 2.202, and 10 CFR part 30, it is hereby 1992); authorized recipients. ordered that: 1. For a period of five years from the (2) Not performing leak tests of two III moisture density gauges between date Mr. William G. Kimbley signs this A transcribed enforcement conference August 19, 1992, and July 31, 1993, in Confirmatory Order, Mr. Kimbley, was conducted between the NRC and violation of Condition 13.A of License Midwest Testing, Inc., or any successor the Licensee on March 15, 1995, to No. 13–24866–02; entity wherein Mr. Kimbley is an discuss the apparent violations, their authorized user, radiation safety officer, (3) Not requesting a license causes and safety significance. Mr. owner, an officer, or a controlling amendment to name a new Radiation Kimbley stated during the enforcement stockholder will not apply to the NRC Protection Officer, in violation of conference, ‘‘And the question about for a new license, nor shall Mr. Condition 11 of License No. 13–24866– would we ever pursue an NRC license Kimbley, Midwest Testing, Inc., or a 02, when the individual named on the again, the answer to that is no. If there successor entity, as described above, License left Midwest Testing in October is any way I can give you assurance of engage in licensed activities within the 1993; that, I’ll be glad to do that.’’ Ms. jurisdiction of the NRC for that same (4) Storing licensed material at an Kimbley stated during the Enforcement period of time. unauthorized location since March 1994 Conference, ‘‘Like we stated earlier, we 2. For a period of five years from the in violation of Condition 10 of License don’t intend to continue with any date Ms. Joan Kimbley signs this No. 13–24866–02 and 10 CFR 30.34(c); licensed material in the future.’’ Confirmatory Order, Ms. Kimbley, and Further, in a telephone conversation Midwest Testing, Inc., or any successor (5) Allowing moisture density gauges on May 2, 1995, with Mr. Paul Pelke, entity wherein Ms. Kimbley is an to be used between April 1, 1992, and NRC Region III, Mr. and Ms. Kimbley authorized user, radiation safety officer, August 19, 1992, with an expired agreed to the provisions and to the owner, an officer, or a controlling license in violation of 10 CFR 30.3 and issuance of this Order to resolve all stockholder, will not apply to the NRC 10 CFR 30.36(c)(1) (i) and (iii). matters pending between them. for a new license, nor shall Ms. In addition, it appears that Ms. Joan Specifically, Mr. Kimbley agreed, for a Kimbley, Midwest Testing, Inc., or a Kimbley, General Manager and period of five years from the date he successor entity, as described above, Treasurer of Midwest Testing, Inc., signs this Confirmatory Order, that Mr. engage in licensed activities within the deliberately violated Items (1), (2), and Kimbley, Midwest Testing, Inc., or any jurisdiction of the NRC for that same (5) above. These actions appear to have successor entity wherein Mr. Kimbley is period of time. been a result of Midwest Testing, Inc. an authorized user, radiation safety 3. Mr. Kimbley, Ms. Kimbley, financial constraints, inexperience of officer, owner, an officer, or a Midwest Testing, Inc., or any successor the General Manager and, in general, a controlling stockholder, will not apply entity, as described above, waive the lack of appreciation on the part of the to the NRC for a new license, nor shall right to contest this Order in any Owner and the General Manager of the Mr. Kimbley, Midwest Testing, Inc., or manner, including requesting a hearing regulatory significance and a successor entity, as described above, on this Order. consequences of the violations. engage in licensed activities within the The Regional Administrator, NRC A Confirmatory Action Letter was jurisdiction of the NRC for that same Region III, may relax or rescind, in issued to the Licensee on March 21, period of time. Ms. Kimbley agreed, for writing, any of the above conditions 1994, confirming that the Licensee a period of five years from the date she upon a showing by the Licensee, Mr. would secure its moisture density signs this Confirmatory Order, that Ms. William G. Kimbley, or Ms. Joan gauges in locked storage until the Kimbley, Midwest Testing, Inc., or any Kimbley of good cause. Licensee: (1) Designated a Radiation successor entity wherein Ms. Kimbley is Protection Officer, (2) obtained NRC an authorized user, radiation safety V approval via a license amendment for its officer, owner, an officer, or a Any person adversely affected by this designated Radiation Protection Officer controlling stockholder, will not apply Confirmatory Order, other than the and its current moisture density gauge to the NRC for a new license, nor shall Licensee, Mr. William G. Kimbley, and storage location, (3) demonstrated that Ms. Kimbley, Midwest Testing, Inc., or Ms. Joan Kimbley may request a hearing all its moisture density gauges were a successor entity, as described above, within 20 days of its issuance. Any appropriately tested for leakage, and (4) engage in licensed activities within the request for a hearing shall be submitted demonstrated that personnel radiation jurisdiction of the NRC for the same to the Secretary, U.S. Nuclear monitoring devices were provided for period of time. Regulatory Commission, ATTN: Chief, those persons designated to use I find that the Licensee’s Docketing and Service Section, moisture density gauges. The Licensee commitments as stated in the May 2, Washington, D.C. 20555. Copies also did not use its moisture density gauges 1995 conversation with Paul Pelke, NRC shall be sent to the Director, Office of 32038 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices Enforcement, U.S. Nuclear Regulatory the NII; presents an analysis of the comment. Although members of the Commission, Washington, D.C. 20555, institutional, legal, and technical issues U.S. Advisory Council cosponsored the to the Assistant General Counsel for surrounding security of the NII; and meetings and numerous representatives Hearings and Enforcement at the same proposes Federal actions to address from the private sector participated in address, to the Regional Administrator, these issues. the meetings, this draft report is solely NRC Region III, 801 Warrenville Road, DATES: Comments must be submitted no the product of the NII Security Issues Lisle, Illinois 60532, and to the later than September 18, 1995. Forum, a Federal government Licensee. If such a person requests a ADDRESSES: Electronic copies of the organization. hearing, that person shall set forth with report may be obtained through the IITF Sally Katzen, particularity the manner in which his bulletin board at iitf.doc.gov through Administrator, Office of Information and interest is adversely affected by this both the Internet and the World-Wide Regulatory Affairs. Order and shall address the criteria set Web. Dial-up access by modem is also [FR Doc. 95–14900 Filed 6–16–95; 8:45 am] forth in 10 CFR 2.714(d). available at 202–482–1920. Modem BILLING CODE 3510±60±M If a hearing is requested by a person communications parameters should be whose interest is adversely affected, the set at no parity, 8 data bits, and one stop Commission will issue an Order (N, 8, 1). Hard copies of the report may SECURITIES AND EXCHANGE designating the time and place of any be obtained by contacting the COMMISSION hearing. If a hearing is held, the issue to Information Policy and Technology [Rel. No. IC±21129; 812±9562] be considered at such hearing shall be Branch of the Office of Management and whether this Confirmatory Order should Budget at (202) 395–3785. Comments First Trust Special Situations Trust, be sustained. must be submitted to the Office of Series 69 In the absence of any request for Management and Budget, NEOB 10236, hearing, the provisions specified in Washington, DC 20503, to the attention June 12, 1995. Section IV above shall be final 20 days of Virginia Huth, or to AGENCY: Securities and Exchange from the date of this Order without [email protected]. Commission (‘‘SEC’’). further order or proceedings. FOR FURTHER INFORMATION CONTACT: ACTION: Notice of Application for This Order was consented to: Virginia Huth, Office of Management Exemption under the Investment For the Licensee, William G. Kimbley, and and Budget, (202) 395–3785 or Company Act of 1940 (the ‘‘Act’’). Joan Kimbley [email protected]. By: William G. Kimbley, APPLICANT: First Trust Special Situations SUPPLEMENTARY INFORMATION: To Dated: June 2, 1995. Trust, Series 69. By: Joan Kimbley. articulate and implement the RELEVANT ACT SECTIONS: Order requested Dated: June 2, 1995. Administration’s vision for the National under section 6(c) of the Act that would For the Nuclear Regulatory Commission. Information Infrastructure (NII), the exempt applicant from section 12(d)(3) Order Dated: June 12, 1995, Rockville, Vice President formed the Information of the Act. Infrastructure Task Force (IITF), chaired Maryland. SUMMARY OF APPLICATION: Applicant by Secretary of Commerce Ron Brown. James Lieberman, requests an order on behalf of itself and The NII Security Issues Forum was Director, Office of Enforcement. certain subsequent series (collectively, established within the IITF to address [FR Doc. 95–14876 Filed 6–16–95; 8:45 am] the ‘‘Series’’) to permit each Series to the important cross-cutting issue of BILLING CODE 7590±01±M invest up to twenty percent of its total security in the NII. In addition to the assets in securities of issuers that IITF, the President has established the derived more than fifteen percent of U.S. Advisory Council on the National their gross revenues in their most recent OFFICE OF MANAGEMENT AND Information Infrastructure, which fiscal year from securities related BUDGET includes representatives from industry, activities. labor, State and local governments, and National Information Infrastructure; FILING DATE: The application was filed Draft Report on ``NII Security: The public interest groups. Security is critical to the development on March 31, 1995 and amended on Federal Role'' and operation of a viable National June 8, 1995. AGENCY: Office of Management and Information Infrastructure. Without the HEARING OR NOTIFICATION OF HEARING: An Budget. confidence that information will go order granting the application will be issued unless the SEC orders a hearing. ACTION: Notice of Availability and where and when it is supposed to go, Request for Comments. and nowhere else, the NII will not be Interested persons may request a used to support health, education, hearing by writing to the SEC’s SUMMARY: The NII Security Issues commerce, public services, and Secretary and serving applicant with a Forum of the Information Infrastructure advanced communications to the fullest copy of the request, personally or by Task Force (IITF) has released for public extent. mail. Hearing requests should be comment a draft report, ‘‘NII Security: To better understand what will be received by the SEC by 5:30 p.m. on July The Federal Role.’’ Security in the needed to make the NII adequately 7, 1995 and should be accompanied by National Information Infrastructure, or secure, the NII Security Issues Forum proof of service on the applicant, in the NII, consists of the confidentiality, and members of the U.S. Advisory form of an affidavit or, for lawyers, a integrity, reliability, and availability of Council on the NII held seven public certificate of service. Hearing requests information and communications meetings with government officials and should state the nature of the writer’s services. This report is being released in members of the private and public interest, the reason for the request, and order to develop a consensus of the interest sectors to discuss the security the issues contested. Persons may appropriate Federal role in NII security needs of the NII. In order to continue request notification of a hearing by through a public dialogue. Specifically, and expand this public dialogue, the writing to the SEC’s Secretary. this report summarizes the Forum’s draft report, ‘‘NII Security: The Federal ADDRESSES: Secretary, SEC, 450 5th findings concerning security needs in Role,’’ is being issued for public Street, N.W., Washington, D.C. 20549. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32039 Applicant, c/o Nike Securities, L.P., original proportionate relationship 2. Applicant requests an exemption 1001 Warrenville Road, Lisle, Illinois among the number of shares of each under section 6(c) from section 12(d)(3) 60532. stock in the portfolio. Deposits made to permit a Series to invest up to FOR FURTHER INFORMATION CONTACT: after this 90-day period must replicate approximately 20%, but in no event Sarah A. Buescher, Staff Attorney, at exactly (subject to certain limited more than 20.5%, of the value of its (202) 942–0573, or Robert A. Robertson, exceptions) the proportionate total assets in securities of an issuer that Branch Chief, at (202) 942–0564 relationship among the face amounts of derives more than fifteen percent of its (Division of Investment Management, the securities comprising the portfolio at gross revenues from securities related Office of Investment Company the end of the initial 90-day period, activities. Regulation). whether or not a stock continues to be 3. Section 12(d)(3) was intended to among the five lowest price per share SUPPLEMENTARY INFORMATION: The prevent investment companies from stocks of the ten highest dividend following is a summary of the exposing their assets to the yielding stocks. application. The complete application entrepreneurial risks of securities 5. The Series’ portfolios will not be related businesses, to prevent potential may be obtained for a fee from the SEC’s actively managed. Sales of portfolio Public Reference Branch. conflicts of interest, and to eliminate securities will be made in connection certain reciprocal practices between Applicant’s Representations with redemptions of units issued by a investment companies and securities Series and at termination of the Series. related businesses. One potential 1. Nike Securities, L.P. is applicant’s The Sponsor has no discretion as to depositor (the ‘‘Sponsor’’). Each Series conflict could occur if an investment when securities will be sold except that company purchased securities or other will invest approximately 20%, but in it is authorized to sell securities in no event more than 20.5%,1 of the value interests in a broker-dealer to reward extremely limited circumstances, such that broker-dealer for selling fund of its total assets in each of the five as a public tender, merger or acquisition lowest dollar price per share stocks of shares, rather than solely on investment affecting the security, a default in the merit. Applicant believes that this the ten common stocks in the Dow Jones payment of a declared dividend or other Industrial Average (‘‘DJIA’’) having the concern does not arise in connection outstanding obligation, any action or with its application because neither highest dividend yields no more than proceeding restraining the payment of two business days prior to the States’ applicant nor the Sponsor has discretion dividends, any legal question or in choosing the portfolio securities or initial date of deposit, and hold those impediment affecting the security, a stocks for approximately one year. amount purchased. The security must breach by the issuer of a covenant first be included in the DJIA, which is 2. The DJIA comprises 30 common which would affect the payment of a stocks chosen by the editors of The Wall unaffiliated with the Sponsor and dividend, circumstances which would applicant, and must also qualify as one Street Journal. The DJIA is the property impair the investment character of the of the five lowest dollar price per share of Dow Jones & Company, Inc., which is security, a decrease in the price of the stocks of the ten highest dividend not affiliated with any Series or the security or other credit factors so that in yielding stocks. Sponsor and does not participate in any the opinion of the Sponsor, the way in the creation of any Series or the retention of the securities would be 4. Applicant also believes that the selection of its stocks. detrimental to the Series. The adverse effect of a Series’ purchase on the stock 3. The securities deposited in each financial condition of an issuer will not of parents of broker-dealers would be de Series will be chosen solely according to necessarily require the sale of its minimis. Applicant asserts that the the formula described above, and will securities from a Series’ portfolio. common stocks of securities related not necessarily reflect the research issuers represented in the DJIA are opinions or buy or sell Applicant’s Legal Analysis widely held, have active markets, and recommendations of the Sponsor. The 1. Section 12(d)(3) of the Act, with that potential purchases by any Series Sponsor is authorized to determine the limited exceptions, prohibits an would represent an insignificant date of deposit, to purchase securities investment company from acquiring any amount of the outstanding common for deposit in the Series, and to security issued by any person who is a stock and the trading volume of any of supervise each Series’ portfolio. The broker, dealer, underwriter, or these issues. Accordingly, applicant Sponsor will have no discretion as to investment adviser. Rule 12d3–1 under believes that it is highly unlikely that which securities are purchased. the Act exempts the purchase of purchases of these securities by a Series Securities deposited in a Series may securities of an issuer that derived more would have any significant impact on include securities of issuers that derived than fifteen percent of its gross revenues the securities’ market value. more than fifteen percent of their gross in its most recent fiscal year from 5. Another potential conflict of revenues in their most recent fiscal year securities related activities, provided interest could occur if an investment from securities related activities. that, among other things, immediately company directed the brokerage to a 4. During the 90-day period following after such acquisition, the acquiring broker-dealer in which the company has the initial date of deposit, the Sponsor company has invested not more than invested to enhance the broker-dealer’s may deposit additional securities while five percent of the value of its total profitability or to assist it during maintaining to the extent practicable the assets in securities of the issuer. financial difficulty, even though that Notwithstanding the above, rule 12d3– broker-dealer may not offer the best 1 The Sponsor will attempt to purchase equal 1 prohibits any registered investment price and execution. To preclude this values of each of the five common stocks in a company from acquiring any security type of conflict, applicant and each Series’ portfolio. However, it is more efficient if securities are purchased in 100 share lots and 50 issued by the company’s investment Series agree, as a condition of this share lots. As a result, applicant may choose to adviser, promoter, or principal application, that no company held in purchase securities of a securities related issuer underwriter or any affiliated person of the portfolio of a Series nor any affiliate which represent over 20%, but in no event more such investment adviser, promoter, or thereof will act as a broker for any than 20.5% percent, of a Series’ assets on the initial date of deposit to the extent necessary to enable the principal underwriter that is a securities Series in the purchase or sale of any Sponsor to meet its purchase requirements and to related business, with certain limited security for its portfolio. In light of the obtain the best price for the securities. exceptions. above, applicant believes that its 32040 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices proposal meets the section 6(c) NHTSA has decided that the motor conform to all applicable Federal motor standards. vehicle is substantially similar to a vehicle safety standards. motor vehicle originally manufactured Condition Authority: 49 U.S.C. 30141(a)(1)(A) and for importation into and sale in the (b)(1); 49 CFR 593.8; delegations of authority Applicant agrees that the requested United States, certified under 49 U.S.C. at 49 CFR 1.50 and 501.8. exemptive order may be conditioned 30115 (formerly section 114 of the Act), Issued on: June 14, 1995. upon no company held in the Series’ and of the same model year as the Marilynne Jacobs, portfolio, nor any affiliate thereof, acting model of the motor vehicle to be Director, Office of Vehicle Safety Compliance. as broker for any Series in the purchase compared, and is capable of being [FR Doc. 95–14903 Filed 6–16–95; 8:45 am] or sale of any security for the Series’ readily altered to conform to all portfolio. applicable Federal motor vehicle safety BILLING CODE 4910±59±M For the Commission, by the Division of standards. Investment Management, pursuant to Petitions for eligibility decisions may DEPARTMENT OF THE TREASURY delegated authority. be submitted by either manufacturers or Margaret H. McFarland, importers who have registered with Customs Service Deputy Secretary. NHTSA pursuant to 49 CFR part 592. As [FR Doc. 95–14849 Filed 6–16–95; 8:45 am] specified in 49 CFR 593.7, NHTSA Implementation of Automated Export BILLING CODE 8010±01±M publishes notice in the Federal Register System of each petition that it receives, and affords interested persons an AGENCY: U.S. Customs Service, Department of the Treasury. DEPARTMENT OF TRANSPORTATION opportunity to comment on the petition. At the close of the comment period, ACTION: Notice of Implementation of National Highway Traffic Safety NHTSA decides, on the basis of the Phase I of the Automated Export System Administration petition and any comments that it has (AES). received, whether the vehicle is eligible [Docket No. 95±23; Notice 2] for importation. The agency then SUMMARY: This notice announces that beginning on July 3, 1995, the U.S. Decision That Nonconforming 1992 publishes this decision in the Federal Register. Customs Service with the assistance of Kenworth T800 Trucks Are Eligible for the Bureau of the Census will Importation G&K Automotive Conversion, Inc. of Santa Ana, California (Registered implement the first phase of AES and AGENCY: National Highway Traffic Importer R–90–007) petitioned NHTSA also announces to the public where the Safety Administration (NHTSA), DOT. to decide whether 1992 Kenworth T800 AES system will be implemented. ACTION: Notice of decision by NHTSA trucks are eligible for importation into BACKGROUND: AES will ultimately that nonconforming 1992 Kenworth the United States. NHTSA published provide a single electronic gateway at T800 trucks are eligible for importation. notice of the petition on April 7, 1995 Customs through which the exporting (60 FR 17846) to afford an opportunity community can report and receive all SUMMARY: This notice announces the for public comment. The reader is information required by U.S. decision by NHTSA that 1992 Kenworth referred to that notice for a thorough government agencies involved with T800 trucks not originally manufactured description of the petition. No export administration. AES will create a to comply with all applicable Federal comments were received in response to ‘‘one-stop’’ environment for the trade motor vehicle safety standards are the notice. Based on its review of the community to file export information. It eligible for importation into the United information submitted by the petitioner, will substantially reduce paperwork and States because they are substantially NHTSA has decided to grant the eliminate duplicate reporting similar to a vehicle originally petition. requirements resulting in decreased manufactured for importation into and respondent burden. AES will facilitate sale in the United States and certified by Vehicle Eligibility Number for Subject export trade, and improve customer its manufacturer as complying with the Vehicles service, trade statistics, and outbound safety standards (the U.S.-certified The importer of a vehicle admissible enforcement. version of the 1992 Kenworth T800), under any final decision must indicate Phase I of AES is for vessel shipments and they are capable of being readily on the form HS–7 accompanying entry only and only for voluntary altered to conform to the standards. the appropriate vehicle eligibility participants. Additional implementation DATE: This decision is effective June 19, number indicating that the vehicle is phases of AES will be announced in 1995. eligible for entry. VSP–115 is the future notices. FOR FURTHER INFORMATION CONTACT: vehicle eligibility number assigned to Phase I of AES will be implemented George Entwistle, Office of Vehicle vehicles admissible under this decision. in the ports of Baltimore, Maryland; Safety Compliance, NHTSA (202–366– Norfolk, Virginia; Charleston, South Final Determination 5306). Carolina; Houston, Texas (including SUPPLEMENTARY INFORMATION: Accordingly, on the basis of the Galveston and Texas City); and Los foregoing, NHTSA hereby decides that a Angeles-Long Beach, California. Background 1992 Kenworth T800 truck not SECTORS AFFECTED: Parties that may Under 49 U.S.C. 30141(a)(1)(A) originally manufactured to comply with volunteer to participate in Phase I of (formerly section 108(c)(3)(A)(i) of the all applicable Federal motor vehicle AES include; exporters, freight National Traffic and Motor Vehicle safety standards is substantially similar forwarders, carriers, customhouse Safety Act (the Act)), a motor vehicle to a 1992 Kenworth T800 truck brokers, port authorities, and service that was not originally manufactured to originally manufactured for importation bureaus. conform to all applicable Federal motor into and sale in the United States and RESPONSIBILITIES OF PARTICIPANTS: vehicle safety standards shall be refused certified under 49 U.S.C. 30115, and is Exporters, or their agents, will be admission into the United States unless capable of being readily altered to responsible for providing primary Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32041 commodity related data, while carriers Dated: June 13, 1995. DATES: Comments on the information will be responsible for providing Ray Mackin, collections should be directed to the primary transportation related data. Acting Director, AES Development Team. OMB Desk Officer on or before July 19, These two segments of AES data, [FR Doc. 95–14829 Filed 6–16–95; 8:45 am] 1995. commodity and transportation, provide BILLING CODE 4820±02±P Dated: June 9, 1995. the details needed to complete the By direction of the Secretary. export transaction reporting Donald L. Neilson, requirements. Director, Information Management Service. DEPARTMENT OF VETERANS During the initial implementation of AFFAIRS Extension of a Currently Approved Phase I of AES, exporters, or their Collection agents, and carriers will be required to Information Collections Under OMB continue to report export information Review 1. Federal Fiduciary’s Account, VA under current regulatory requirements Form 27–4706b. using the Shipper’s Export Declaration AGENCY: Veterans Benefits 2. The form is used by Federal or the Automated Export Reporting Administration, Department of Veterans fiduciaries who are required to account Program in addition to reporting export Affairs. to VA for benefits paid to them on behalf of a beneficiary rated information to AES. This dual reporting ACTION: Notice. period for AES participants is not incompetent or under legal disability. The accounting information is used by expected to last past December 31, 1995. The Veterans Benefits Administration Veterans Benefits Administration to The length of the dual reporting period (VBA), Department of Veterans Affairs, complete account audits. may be adjusted pending the outcome of has submitted to OMB the following proposals for the collection of 3. Individuals or households— the evaluation of Phase I of AES. The Business or other for profit—Not-for- dual reporting requirement only applies information under the provisions of the Paperwork Reduction Act (44 U.S.C. profit institutions—Federal to the export activities of the voluntary Chapter 35). This document lists the Government—State, Local or Tribal participants within the above specified following information: (1) the title of the Government. ports. Following this dual reporting information collection, and the 4. 4,370 hours. period, AES will be extended to other Department form number; (2) a 5. 30 minutes. vessel ports to be announced. description of the need and its use; (3) 6. Annually. DATA CONTROLS: Certain data contained who will be required or asked to 7. 8,740 respondents. in AES will fall under the purview of respond; (4) an estimate of the total Extension of a Currently Approved the Freedom of Information Act as well annual reporting hours, and Collection as the Privacy Act. recordkeeping burden; (5) the estimated average burden hours per respondent; 1. Fiduciary’s Agreement, VA Form CONTACTS: For information regarding (6) the frequency of response; and (7) an 27–4703. AES, please contact the AES estimated number of respondents. 2. The form outlines the responsibilities of the fiduciary with Development Team at (202) 927–0280 or ADDRESSES: Copies of the proposed respect to the use of VA funds. When your local Customs Client information collection and supporting completed by Veterans Benefits Representative. To obtain reference or documents may be obtained from Trish Administration and signed by the background material, please call the Fineran, Veterans Benefits Federal fiduciary, it constitutes a legally AES MarketFax at (202) 927–3555, Administration (20M30), Department of binding contract. extension 100-main menu. To obtain Veterans Affairs, 810 Vermont Avenue, 3. Individuals or households— information about AES from a specified NW., Washington, DC 20420, (202) 273– Business or other for-profit—Not-for- port location, please call the following 6886. profit institutions—Federal listed phone numbers: Comments and recommendations Government—State, Local or Tribal Baltimore ...... (410) 962–4483 concerning the proposed information Government. Norfolk ...... (804) 543–2033 collections should be directed to VA’s 4. 1,390 hours. Charleston ...... (803) 881–4312 OMB Desk Officer, Allison Eydt, OMB 5. 5 minutes. Houston (via Galveston Human Resources and Housing Branch, 6. One-time. Office) ...... (409) 766–3624 New Executive Office Building, Room 7. 16,676 respondents. Los Angeles-Long Beach (310) 514–6015 10235, Washington, DC 20503 (202) 395–4650. DO NOT send requests for [FR Doc. 95–14854 Filed 6–16–95; 8:45 am] benefits to this address. BILLING CODE 8320±01±M 32042 Sunshine Act Meetings Federal Register Vol. 60, No. 117 Monday, June 19, 1995 This section of the FEDERAL REGISTER General Activities.1 The closing will be contains notices of meetings published under DEPARTMENT OF JUSTICE authorized by the relevant sections of the ``Government in the Sunshine Act'' (Pub. UNITED STATES PAROLE COMMISSION the Government in the Sunshine Act (5 L. 94-409) 5 U.S.C. 552b(e)(3). TIME AND DATE: 9 a.m., Wednesday, June U.S.C. Section 552b(c)(2) and (10)), and 28, 1995. the corresponding regulation of the PLACE: 10220 North Executive Hills Legal Services Corporation (45 C.F.R. EQUAL EMPLOYMENT OPPORTUNITY Blvd., North Pointe Tower, Suite 700, Section 1622.5 (a) and (h)). The closing COMMISSION Kansas City, Missouri 64153. will be certified by the Corporation’s STATUS: ``FEDERAL REGISTER'' CITATION OF Open. General Counsel as authorized by the PREVIOUS ANNOUNCEMENT: 60 Fed. Reg. MATTERS TO BE CONSIDERED: above-cited provisions of law. A copy of 30682 June 9, 1995. the General Counsel’s certification will The following matters have been placed on be posted for public inspection at the PREVIOUSLY ANNOUNCED TIME AND DATE OF the agenda for the open Parole Commission MEETING: 2:00 P.M. (Eastern Time) June meeting: Corporation’s headquarters, located at 20, 1995. 1. Approval of minutes of previous 750 First Street, NE., Washington, DC Commission meeting. 20002, in its eleventh floor reception CHANGE IN THE MEETING: 2. Reports from the Chairman, area, and will otherwise be available Commissioners, Legal, Chief of Staff, Case upon request. Closed Session Operations, and Administrative Sections. MATTERS TO BE CONSIDERED: The closed session of the meeting has been 3. Proposal for Change in Regulation, cancelled. Chapter Two, Subchapter B, Section 212 Open Session Assault. 1. Approval of Agenda. CONTACT PERSON FOR MORE INFORMATION: 4. Discussion on the Realignment of states. 2. Announcement of Approval, By Frances M. Hart, Executive Officer on 5. Discussion on Commissioners Serving as Notational Vote, of the Management Report (202) 663–4070. Hearing Examiners. Prepared in Response to the Inspector 6. Proposal for Parole Date Advancement Dated: June 15, 1995. General’s Semiannual Report for the Period for Substance Abuse Program Completion. Frances M. Hart, Ending March 31, 1995. 7. Proposal for Revising the Fraud 3. Approval of Minutes of May 12–13, 1995 Executive Officer, Executive Secretariat. Guidelines. Meeting. [FR Doc. 95–15026 Filed 6–15–95; 11:33 am] 8. Proposal for Revising the Salient Factor 4. Approval of Minutes of April 28, 1995 Score. BILLING CODE 6750±06±M Meeting. AGENCY CONTACT: Tom Kowalski, Case 5. Approval of Minutes of May 12, 1995 Ad Operations, United States Parole Hoc Structure on Governance Committee DEPARTMENT OF JUSTICE Commission, (301) 492–5962. Meeting. UNITED STATES PAROLE COMMISSION Dated: June 14, 1995. 6. Approval of Minutes of May 12, 1995 DATE AND TIME: Tuesday, June 27, 1995, Michael A. Stover, Executive Session. General Counsel, U.S. Parole Commission. 7. Approval of Minutes of April 28, 1995 2:00 p.m. Executive Session. PLACE: 10220 North Executive Hills [FR Doc. 95–15090 Filed 6–15–95; 3:26 pm] 8. Chairman’s and Members’ Reports. Blvd., North Pointe Tower, Suite 700, BILLING CODE 4410±01±M 9. Consider and Act on Proposed Kansas City, Missouri 64153. Resolution Authorizing the Corporation STATUS: Closed meeting. LEGAL SERVICES CORPORATION President to Serve as a Temporary BOARD OF DIRECTORS MEETING NOTICE Administrator of the Duke Estate. MATTERS CONSIDERED: TIME AND DATE: The Legal Services 10. President’s Report on Status of Appropriations and Authorization The following matters will be considered Corporation Board of Directors will meet on June 24–25, 1995. The meeting Proceedings. during the closed portion of the 11. Report and Discussion of Planning for Commission’s Business Meeting: will commence at 1 p.m. on June 24, the Future of Legal Services. (1) Appeals to the Commission involving and at 9 a.m. on June 25. 12. Inspector General’s Report. approximately 19 cases decided by the PLACE: Legal Services Corporation, 750 13. Consider and Act on Finance National Commissioners pursuant to a 1st Street, NE., Board Room, 11th Floor, Committee Report. reference under 28 CFR 2.27. These cases Washington, DC 20002, (202) 336–8800. 14. Report on Allocation of 1995 were originally heard by an examiner panel STATUS OF MEETING: Open, except that a Contingency Funds. wherein inmates of Federal prisons have portion of the meeting may be closed 15. Public Comment. applied for parole or are contesting 16. Consider and Act on Proposed revocation of parole or mandatory release. pursuant to a unanimous vote of the Resolution Regarding Structure of Legal (2) Adoption of the Witness Security Board of Directors to hold an executive Services Delivery System. Manual. session. At the closed session, in 17. Consider and Act on Proposed AGENCY CONTACT: Tom Kowalski, Case accordance with the aforementioned Resolution Regarding Competitive Grants Operations, United States Parole vote, the Board may discuss matters Making. Commission, (301) 492–5962. related to internal personnel policies. In 18. Consider and Act on Proposed Resolution Regarding Grantee Timekeeping Dated: June 14, 1995. addition, the Board may hear and consider the General Counsel’s report Requirements. Michael A. Stover, on litigation in which the Corporation is General Counsel, U.S. Parole Commission. 1 Briefings do not constitute ‘‘meetings’’ as or may become a party. Finally, the defined by the Government in the Sunshine Act. [FR Doc. 95–15091 Filed 6–15–95; 3:26 pm] Board may be briefed by the Inspector Notice of this briefing is being provided solely as BILLING CODE 4410±01±M General on Office of the Inspector a courtesy to the public. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Sunshine Act Meetings 32043 19. Consider and Act on Proposed meeting may notify Patricia Batie at TENNESSEE VALLEY AUTHORITY Resolution Regarding Class Action Litigation. (202) 336–8800. 20. Consider and Act on Proposed (Meeting No. 1477) Resolution Regarding Cases Involving Drug- Date issued: June 15, 1995. TIME AND DATE: 9 a.m. (EDT), June 21, Related Evictions. Patricia D. Batie, 1995. Closed Session Corporate Secretary. PLACE: TVA West Tower Plaza, [FR Doc. 95–15081 Filed 6–15–95; 2:31 pm] 21. Discussion of Issues Relating to Internal Conference Room 404, 400 West Personnel Policies. BILLING CODE 7050±01±M Summit Hill Drive, Knoxville, 22. Briefing of Board by the Inspector Tennessee. General on Office of the Inspector General Activities. Nuclear Regulatory Commission STATUS: Open. 23. Consider and Act on the General Agenda Counsel’s Report on Litigation. DATE: Thursday, June 22, 1995. Approval of minutes of meeting held on Open Session (Resumed) PLACE: Commissioners’ Conference May 24, 1995. 24. Consider and Act on Other Business. Room, 11555 Rockville Pike, Rockville, Maryland. Action Items CONTACT PERSON FOR INFORMATION: New Business Patricia Batie, (202) 336–8800. STATUS: Public. Upon request, meeting notices will be C—Energy MATTERS TO BE CONSIDERED: made available in alternate formats to accommodate visual and hearing Thursday, June 22 C1. Supplements to Watts Bar Nuclear Plant labor and services contracts as follows: impairments. 9:00 a.m. Individuals who have a disability and Contract No. 91NNP–44970C with Raytheon Briefing on Results of Senior Management Constructors, Inc.; Contract No. TV–82466V need an accommodation to attend the Review of Operating Reactors, Fuel with Raytheon Engineers and Constructors, meeting may notify Patricia Batie at Facilities, and Related Activities (Public Inc., Ebasco Division; Contract Nos. TV– (202) 336–8800. Meeting) 85775V and TV–73035A with Stone & Dated Issued: June 15, 1995. (Contact: Victor McCree, 301–415–1711) Webster Engineering Corporation; Contract Patricia D. Batie, 10:30 a.m. No. TV–85432V with Performance Controls Affirmation/Discussion and Vote (Public Company; Contract No. TV–86567V with Corporate Secretary. Meeting) United Energy Services Corporation; Contract [FR Doc. 95–15080 Filed 6–15–95; 2:31 pm] (Please Note: These items will be affirmed No. TV–83455V with General Physics BILLING CODE 7050±01±M immediately following the conclusion of Corporation; Contract No. TV–83216V with the preceding meeting.) BCP Technical Services, Inc., and Contract No. TV–92003V with Cataract Incorporated. LEGAL SERVICES CORPORATION a. Final Rule on ‘‘Clarification of C2. Contract with NPS Energy Services, BOARD OF DIRECTORS FINANCE COMMITTEE Decommissioning Funding Assurance Requirements’’ (Tentative) Inc., for modifications and supplemental MEETING NOTICE maintenance support services for Fossil and b. Final Rule Revising 10 CFR Part 110, TIME AND DATE: The Legal Services Hydro Power, subject to final negotiations Import and Export of Radioactive Waste Corporation Board of Directors Finance and review prior to execution. (Tentative) Committee (formerly referred to as the C3. Supplement to Contract No. TV– c. Georgia Power Company’s Motion for 87640V with CDI Corporation to provide ‘‘Audit and Appropriations Order Preserving the Licensing Board’s Committee’’) will meet on June 23, temporary professional and technical support Jurisdiction (Docket Nos. 50–424–OLA– services to the Fossil and Hydro Power staff 1995. The meeting will commence at 3, 50–425–OLA–3) (Tentative) on an as-needed basis. 3:00 p.m. d. Final Rulemaking Package for 10 CFR E—Real Property PLACE: Legal Services Corporation, 750 50.36, ‘‘Technical Specifications’’ 1st Street, N.E., the Board Room, (Tentative) E1. Public auction of Bowling Green Steam Washington, D.C. 20002, (202) 336– (Contact: Andrew Bates, 301–415–1963) Plant Railroad right-of-way (Tract Nos. BGST–1, 2KTSP–1C, –1D, –1E, –1F, –1G, 8800. Note: Affirmation sessions are initially –1H, –1I, –1J, and –1K), located in Warren STATUS OF MEETING: Open. scheduled and announced to the public on a County, Kentucky. time-reserved basis. Supplementary notice is E2. Public auction of Tupelo, Mississippi, MATTERS TO BE CONSIDERED: provided in accordance with the Sunshine Customer Service Center property (Tract Nos. Open Session Act as specific items are identified and added XTPCSC–3 and –4), located in Lee County, to the meeting agenda. If there is no specific Mississippi. 1. Approval of Agenda. subject listed for affirmation, this means that E3. Grant of permanent easement to The 2. Approval of Minutes of May 12, 1995 McCrory Company, Shiloh Falls Meeting. no item has as yet been identified as Development, for a community golf course 3. Consideration and Review of Budget and requiring any Commission vote on this date. development and acquisition of 2.47 acres of Expenses for the Period Ending May 31, land and a conservation easement (Sale Tract 1995. The schedule for Commission No. XPR–445RE; Acquisition Tract No. PR– 4. Consider and Act on Proposed Revisions meetings is subject to change on short 2354), located on Pickwick Lake, Hardin to the Corporation’s Fiscal Year 1995 notice. To verify the status of meetings County, Tennessee. Consolidated Operating Budget. call (recording)—(301) 415–1292. E4. Sufferance Agreement with Mr. and 5. Consider and Act on Other Business. CONTACT PERSON FOR MORE INFORMATION: Mrs. Kenneth Wright affecting 0.007 acre of CONTACT PERSON FOR INFORMATION: Bill Hill, (301) 415–1661. Boone Lake land in Washington County, Patricia Batie, (202) 336–8800. Tennessee (Tract No. BR–69F). This Upon request, meeting notices will be Dated: June 14, 1995. agreement would allow a private residence to made available in alternate formats to William M. Hill, Jr., remain in its present location below the accommodate visual and hearing SECY Tracking Officer, Office of the 1390-foot contour so long as it is not impairments. Secretary. enlarged, extended, or otherwise altered. Individuals who have a disability and [FR Doc. 95–15046 Filed 6–15–95; 2:29 pm] F—Unclassified need an accommodation to attend the BILLING CODE 7590±01±M F1. Filing of condemnation cases. 32044 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Sunshine Act Meetings Information Items 1. Modifications to TVA’s Transmission Service Guidelines and delegation of authority to make additional modifications to the guidelines. FOR MORE INFORMATION: Please call TVA Public Relations at (615) 632–6000, Knoxville, Tennessee. Information is also available at TVA’s Washington Office (202) 898–2999. Dated: June 14, 1995. Edward S. Christenbury, General Counsel and Secretary. [FR Doc. 95–15025 Filed 6–15–95; 11:32 am] BILLING CODE 8120±08±M federal register June 19,1995 Monday 1995; Notice National SignificanceforFiscalYear Financial AssistanceforProjectsof Developmental Disabilities;Availabilityof Administration forChildrenandFamilies Services Health andHuman Department of Part II 32045 32046 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices DEPARTMENT OF HEALTH AND Families, Division of Discretionary the self-sufficiency and protect the HUMAN SERVICES Grants, 6th Floor OFM/DDG, 901 D rights of persons with developmental Street, SW, Washington, DC 20447. disabilities. Administration for Children and FOR FURTHER INFORMATION CONTACT: The Developmental Disabilities Families Adele Gorelick, Program Development Assistance and Bill of Rights Act (42 (Program Announcement No. 93631±95±02) Division, Administration on U.S.C. 6000, et seq.) (the Act) supports Developmental Disabilities, (202) 690– and provides assistance to States and Developmental Disabilities: Availability 5982. public and private nonprofit agencies of Financial Assistance for Projects of and organizations to assure that SUPPLEMENTARY INFORMATION: National Significance for Fiscal Year individuals with developmental 1995 Part I. Introduction disabilities and their families participate in the design of and have access to AGENCY: Administration on A. Goals of the Administration on culturally competent services, supports, Developmental Disabilities (ADD), Developmental Disabilities and other assistance and opportunities Administration for Children and The Administration on that promote independence, Families (ACF). Developmental Disabilities (ADD) is productivity and integration and ACTION: Announcement of availability of located within the Administration for inclusion into the community. financial assistance for Projects of Children and Families (ACF), The Act points out that: National Significance for fiscal year Department of Health and Human • Disability is a natural part of the 1995. Services (DHHS). Although different human experience that does not from the other ACF program diminish the right of individuals with SUMMARY: The Administration on administrations in the specific developmental disabilities to enjoy the Developmental Disabilities, populations it serves, ADD shares a opportunity for independence, Administration for Children and common set of goals that promote the productivity and inclusion into the Families, announces that applications economic and social well-being of community; • are being accepted for funding of Fiscal families, children, individuals and Individuals whose disabilities occur Year 1995 Projects of National communities. Through national during their developmental period Significance. leadership, ACF and ADD envision: frequently have severe disabilities that This program announcement consists • Families and individuals are likely to continue indefinitely; • of five parts. Part I, the Introduction, empowered to increase their own Individuals with developmental discusses the goals and objectives of economic independence and disabilities often require lifelong ACF and ADD. Part II provides the productivity; specialized services and assistance, necessary background information on • Strong, healthy, supportive provided in a coordinated and ADD for applicants. Part III describes communities having a positive impact culturally competent manner by many the review process. Part IV describes the on the quality of life and the agencies, professionals, advocates, priorities under which ADD solicits development of children; community representatives, and others applications for Fiscal Year 1995 • Partnerships with individuals, to eliminate barriers and to meet the funding of projects. Part V describes in front-line service providers, needs of such individuals and their detail how to prepare and submit an communities, States and Congress that families; The Act further finds that: application. All of the forms and enable solutions which transcend • Individuals with developmental instructions necessary to submit an traditional agency boundaries; disabilities, including those with the application are published as part of this • Services planned and integrated to most severe developmental disabilities, announcement following Part V. improve client access; and are capable of achieving independence, No separate application kit is either • A strong commitment to working productivity, and integration and necessary or available for submitting an with Native Americans, persons with inclusion into the community, and often application. If you have a copy of this developmental disabilities, refugees and require the provision of services, announcement, you have all the migrants to address their needs, supports and other assistance to achieve information and forms required to strengths and abilities. such; submit an application. • A community-based approach that • Individuals with developmental Grants will be awarded under this recognizes and expands on the disabilities have competencies, program announcement subject to the resources and benefits of diversity. capabilities and personal goals that availability of funds for support of these Emphasis on these goals and progress should be recognized, supported, and activities. toward them will help more encouraged, and any assistance to such DATES: The closing date for submittal of individuals, including people with individuals should be provided in an applications under this announcement developmental disabilities, to live individualized manner, consistent with is August 3, 1995. productive and independent lives the unique strengths, resources, ADDRESSES: Applications should be integrated into their communities. The priorities, concerns, abilities, and mailed to: Department of Health and Projects of National Significance capabilities of the individual; Human Services, ACF/Division of Program is one means through which • Individuals with developmental Discretionary Grants, Sixth Floor, 370 ADD promotes the achievement of these disabilities and their families are the L’Enfant Promenade SW, Washington, goals. primary decision makers regarding the DC 20447, Attn: 93.631 ADD—Projects services and supports such individuals of National Significance. B. Purpose of the Administration on and their families receive; and play Hand-delivered applications are Developmental Disabilities decision making roles in policies and accepted during the normal working The Administration on programs that affect the lives of such hours of 8 a.m. to 4:30 p.m., Monday Developmental Disabilities (ADD) is the individuals and their families; and through Friday, on or prior to the lead agency within ACF and DHHS • It is in the nation’s interest for established closing date at: responsible for planning and people with developmental disabilities Administration for Children and administering programs which promote to be employed, and to live Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32047 conventional and independent lives as a B. Comments on FY 1995 Proposed funding priorities for FY 1995. part of families and communities. Priority Areas Suggestions included projects • Toward these ends, ADD seeks to The notice soliciting comments on the addressing the need for accessible and enhance the capabilities of families in FY 1995 proposed priority areas was inclusive programs within the assisting people with developmental published in the Federal Register on developmental disabilities network; the disabilities to achieve their maximum January 11, 1995 (60 FR 2760). A 60-day needs of aging persons with potential to support the increasing period was required to allow the public developmental disabilities and their ability of people with developmental to comment on the proposed areas. After families, especially those in rural areas; disabilities to exercise greater choice review and analysis of these comments, the need for research and training on and self-determination; to engage in ADD is publishing its final priorities in Abusive Head Trauma, which includes leadership activities in their this announcement. Shaken Baby Syndrome; and communities; as well as to ensure the The public comment notice requested transportation needs related to accessing protection of their legal and human specific comments and suggestions on jobs and services. There was a rights. the proposed funding priorities, in recommendation for priority areas for Programs funded under the Act are: addition to recommendations for potential grantees to propose their own issues and for small, grassroots • Federal assistance to State additional priority areas which would organizations to have the opportunity to developmental disabilities councils; assist in bringing about the increased develop their own solutions in their • State system for the protection and independence, productivity, and integration into the community of local communities. advocacy of individual rights; Response: ADD continues to press for • Grants to University Affiliated people with developmental disabilities. ADD received a total of 62 letters and accessible and inclusive programs and Programs for interdisciplinary training, 193 inquiries by the closing date in project products. Through funding exemplary services, technical response to the public comment notice. criteria, site visits, and monitoring of assistance, and information Commentary was from the following reports this principle is conveyed and dissemination; and its implementation evaluated. • sources: Grants for Projects of National • Advocacy agencies, which includes ADD has funded projects related to Significance. national organizations and associations, aging in the past and continues to support projects and activities in this Part II. Background Information national advocacy groups and State/ local advocacy groups; area through the University Affiliated A. Description of Projects of National • Service organizations, which Program. We share concerns that were Significance includes agencies that provide services expressed about the aging of individuals with developmental disabilities, which Under Part E of the Act, grants and for individuals with developmental is reflected in our mission to promote contracts are awarded for projects of disabilities as well as providing the independence, productivity, national significance that support the advocacy services on behalf of a integration, and inclusion of all people development of national and State particular disability, including with developmental disabilities in their policy to enhance the independence, developmental disabilities councils; • Educational systems, which communities. productivity, and integration and ADD will consult with the inclusion of individuals with includes schools, colleges, and universities, programs located within a Administration on Aging and others to developmental disabilities through: identify the need and opportunity for • university setting and University Data collection and analysis; future focused efforts in this area. • Affiliated Programs; Technical assistance to enhance the • Private agencies, which includes We welcome the sharing of quality of State developmental national, State, and local nonprofit information with regard to medical disabilities councils, protection and organizations; conditions having implications for advocacy systems, and university • Government agencies, which projects addressing abuse, violence, the affiliated programs; and includes Federal, State, county, and need for early assessments and • Other projects of sufficient size and local government agencies; intervention, and family-centered scope that hold promise to expand or • Private individuals; and approaches. The specifics regarding improve opportunities for people with • Foundations. Abusive Head Trauma, Shaken Baby developmental disabilities, including: The comments ranged from requests Syndrome, and Failure-to-Thrive will be —Technical assistance for the for copies of the final application included in appropriate priority areas. development of information and solicitation to general support to ADD sees the element of referral systems; substantive, insightful responses for this transportation as a crucial factor in the —Educating policy makers; year’s proposed funding priorities and success of any program. In stressing recommendations for other priority outcome-oriented approaches and —Federal interagency initiatives; areas. The vast majority were supportive ongoing mechanisms for evaluation and —The enhancement of participation of of and expanded upon what we identification of barriers, ADD will minority and ethnic groups in public proposed in the announcement, in include transportation concerns. and private sector initiatives in addition to relating specifically to the ADD is committed to inclusion and developmental disabilities; program goals and priorities of the input from advocates and grassroots —Transition of youth with particular agencies submitting the efforts. It has funded projects to developmental disabilities from comments. strengthen families through national school to adult life; and The comments received were helpful and grassroots strategies, partnerships in —Special pilots and evaluation studies in highlighting the concerns of the policymaking, and People First self- to explore the expansion of programs developmental disabilities field and advocacy. Future priority areas will under part B (State developmental have been used in refining the final include opportunities for design options disabilities councils) to individuals priority areas. and local community initiatives. with severe disabilities other than Comment: Six letters were submitted ADD appreciates the suggestions for developmental disabilities. to ADD recommending additional additional priority areas. With the 32048 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices proposed fiscal year 1995 priority areas Disabilities and the Criminal Justice regard to its Americorps projects, which we have developed our most extensive System. The comments received in this include individuals with and without array of project possibilities and will priority area were supportive of what disabilities, and for collaboration among make concentrated efforts to support ADD proposed in the published notice. nonprofit agencies, Head Start, effective work in these areas. The There was strong support for programs Vocational Rehabilitation, the Job suggestions have been considered to institute ongoing training for law Training Partnership Act Program significant and have been incorporated enforcement and court personnel and to (JTPA), and other public resources. where appropriate. address prevention strategies as well. Meaningful vocational assessments and Comment: ADD received 8 comments Involving self-advocates was strongly a focus on consumer choice and quality on Proposed Priority Area 1, urged as essential, with projects of life were stressed, as was the Collaboration Between Youth Service directed by self-advocates and importance of planning and Providers and Disabilities Advocates to conducted by and through organizations partnerships so that first jobs lead to Enhance Services to Youth With of self-advocates in collaboration with second jobs and ultimate career paths. Developmental Disabilities. There was the developmental disabilities network. One commenter had concerns about the strong support for collaborative efforts, One comment noted that this area Jobs Opportunities and Basic Skills including memoranda of understanding would not impact a large segment of the (JOBS) program and training for JOBS and fiscal participation, and a population of the writer’s State. staff unaccustomed to working with recommendation to expand the scope of It was also suggested that there be a individuals with developmental this priority area. Suggestions included component emphasizing the need for disabilities, about the necessary long- language regarding information sharing mental health services to children in the term investment, and about funding for and networking efforts that include all criminal justice system. Other modifications to automated systems. stakeholders, the identification of comments recommended funding for Comments from individuals involved barriers, and the development of the transition from incarceration to the concerns regarding personal assistance materials and strategies and the community, the inclusion of legal and services. There was also a suggestion resources of technology and assistive safety concerns during enforcement, that this priority area be combined with devices. training with respect to impaired the priority area for youth at risk for One comment urged inclusion of the judgment resulting from fetal alcohol running away who need access to capability to address and correct the syndrome, and a study of the factors supports and services which lead to breakdown in the school-to-work contributing to delinquency. independence. Another suggestion was transition process and another stressed Response: ADD is committed to that people with developmental the importance of completing school as supporting leadership and direction by disabilities receive training to be imperative for employment. self-advocates, whose experience and personal assistants. A comment from one State was that perspective will ensure effective Response: ADD is in agreement with there was only minuscule risk in that projects, a major goal along with the movement toward a cultural shift to particular State of youth with ongoing and replicable projects. The recognition of abilities and choice and developmental disabilities running specific concerns regarding mental away from control of employment away or becoming involved with health and transition to the community resources by providers of employment delinquent behavior. will clearly be identified in a required and vocational services. We feel the Response: ADD is committed to analysis of barriers to effective programs community as a whole benefits from collaborative efforts whenever possible, and desirable outcomes. ADD hopes to inclusion of individuals with with or without fiscal participation, and address these components in future PNS developmental disabilities in the we feel the focus of this priority area is projects. workplace. The benefits of diversity are appropriate at this time. It builds on the Medical issues should be an element seen in supported employment, which Family and Youth Services Bureau of any proposed project so that justice includes the development of natural efforts with respect to at-risk youth and system personnel are aware of supports reflecting participation of all expands to include ADD’s concerns. symptoms and of indications of abuse co-workers. Prevention of and response to these and violence as well as substance abuse. Collaborative linkages are also critical issues will in fact necessitate a holistic As for the suggested numbers of as we strive to expand access to earlier approach. individuals who may be impacted by educational/vocational experiences for Both agencies regard employment as a the issues of this priority area in a children and youth with disabilities. major goal, which must be addressed particular State, ADD reiterates its Maximum efforts should be made to much earlier in the school experience commitment to the vulnerable assure that individuals with the most than has been done, as well as attention individuals with developmental severe disabilities are afforded these to the principles of the Americans with disabilities and to the inadequately essential opportunities. Consideration of Disabilities Act. The comments on served among them. assistive technology, transportation project criteria contributed an Comment: ADD received 11 needs, and accommodations for appreciated refinement of comments on Proposed Priority Area 3, personal assistance services are announcement language. First Jobs—Introducing Young Persons essential components. As for the numbers of youth at risk, With/Without Developmental While there is some overlap with the ADD feels strongly that such youth with Disabilities to the World of Work and issues addressed in Priority Area 1, developmental disabilities are Community Service. There was strong ADD intends to fund each of these areas particularly vulnerable and support for moving from segregated with their particular foci and inadequately served. It is therefore work settings to supported employment demonstrate its commitment to essential that we explore and devise programs and a comment urging that contributions to the community that models which hold more promise for individuals with the most severe individuals with developmental these young people. disabilities who have not benefitted disabilities make. ADD would consider, Comment: ADD received 14 from supported employment not be however, funding projects which comments on Proposed Priority Area 2, ignored and remain unserved. There effectively address essential Americans With Developmental was support for ADD’s approach with requirements of both areas. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32049 Comment: ADD received 18 Head Trauma, and prevention concerns, empowerment to address effective comments on Proposed Priority Area 4, which will be incorporated in actions for overcoming identified Child Care and Early Intervention: appropriate priority areas, as well as barriers. Linkages for Successful Inclusion of attention to after-school personnel and Response: The issue of building a Young Children With Disabilities. All the implementation of assistive strong, effective multicultural network were supportive and many offered technology. We have introduced the within the developmental disabilities recommendations for project design or collaboration of individuals with and system is a major concern of ADD. The additional components. There were without disabilities in projects with the Commissioner’s Forum as well as the suggestions for including effective Family and Youth Services Bureau and careful consideration of the discussions advocacy strategies and protection of our Americorps projects. of the ADD Multicultural Committee ADA rights, for addressing the needs of ADD will fund separate projects and numerous other entities and children with severe disabilities, for under the youth service providers and individuals, including grassroots and training on the condition of nonorganic disabilities advocates and abuse and larger advocacy groups, are reflections failure to thrive as well as the sequelae violence priority areas. As for a focus on of the high priority of this area of of Shaken Baby Syndrome and Abusive multicultural issues, ADD includes this proposed funding. Head Trauma, for prevention of requirement in the design of all projects ADD continues to emphasize cultural secondary disabilities, and for and will have a major funding priority competency and recognition of the broadening the priority to include life- area (Priority 5) addressing the value of cultural diversity to span services and ‘‘seamless’’ development of models for technical individuals, families, and the larger interagency collaboration. assistance. community. This will be a required There were also recommendations for Comment: ADD received 15 element in the design of projects to be inclusion of training for staff in after- comments on Proposed Priority Area 5. funded. The suggestions for inclusion of All but one agreed with the need for this school programs, assistive technology, all ages will be added to inclusion of proposed priority and many offered and systems conversion. Because of unserved and inadequately served recommendations on the design and high staff turnover there is a need for individuals. In proposing to fund three operation of projects, while others had ongoing program support, possibly State projects, ADD feels that models concerns about sufficient funding and through mentorship, and there is good will be developed for utilizing the the need for ongoing projects in a opportunity for young adults with resources of appropriate organizations multicultural network. disabilities to work as educational aides. including Historically Black Colleges There were requests that preference There was agreement that it is time for and Universities and that these intense be given to projects addressing the innovative approaches to identifying efforts will provide replicable practices needs of families with low income or areas of need and developing action living in poverty, migrant families, and strategies to meet those needs. and strategies for focused efforts by homeless families, with a specific Advocacy groups hoped to be included others. suggestion that the Early Prevention, when the various components are Comment: ADD received 12 Screening, Diagnosis and Treatment collaborating. Nationwide technical comments on Priority Area 6, Accessing Program be utilized. assistance within the developmental Telecommunication Services for There were several comments urging disabilities network was recommended Persons With Developmental attention to multicultural issues and the to implement programs for training Disabilities. They were supportive and need for early intervention with respect service coordinators from culturally one suggested that a requirement of to children with developmental diverse backgrounds to guide funding be that grantees establish disabilities at risk for delinquent individuals with developmental electronic communication with other behavior. Also suggested was disabilities and their families. It was recipients. The ideal outcome of establishment of a national task force to suggested that coalition building and projects in this area would be a assist states and local communities in recruitment and retention efforts outside clearinghouse system that is interactive, implementing policies and services and the network depend on the achievement assistive, and empowering of combining this priority area with of cultural competence within the individuals seeking services and Children at Risk: The Impact of Abuse network. The dissenting commenter felt information including, for example, and Violence on Children with that the Commissioner has already location of accessible housing, Disabilities. begun to build this network and these availability of assistive technology, Response: ADD was pleased to see the issues should not be in a separate details of Social Security programs, point made that the experience of priority area. medical developments, and best inclusion has benefits for children with Another commenter felt that if the practices. and without disabilities. The goal is to provide agency-integrated, Response: ADD agrees that the fast- community benefits of diversity are an comprehensive services to families, the growing capabilities occurring in ongoing focus of ADD. We are also multicultural theme should be a strong, cyberspace are going to be factors in committed to the development of tools clearly developed part of each project. communications for previously and strategies for the implementation of Another suggestion with regard to this unserved and inadequately served the ADA for all children, with focused issue proposed a state project targeted individuals. Working out how attention on those who have been for demonstrating model practices for individuals access this technology is the unserved and inadequately served, such further development of collaboration challenge. ADD is funding one Training as individuals with severe disabilities, among the network components. Initiative Project under its University families with low income or living in There was also commentary on Affiliated Program which is exploring poverty, migrant or homeless families, including all ages, including young this issue, and ADD does already link its those living in rural areas, and adults, middle aged, and older parents grantees through teleconferences, immigrant and refugee families. of aging individuals with developmental Internet, meetings, and forums. We We appreciate the information and disabilities in multicultural would like to see more consumers, suggestions regarding failure to thrive, communities, and on the need for families, and providers accessing and Shaken Baby Syndrome and Abusive training in self-advocacy and sharing information, calendars, 32050 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices concerns, and strategies for removal of Comment: ADD received l5 comments One commenter reported how well a barriers. on Priority Area 8, Children at Risk: The comprehensive Statewide approach very We will consider funding this priority Impact of Abuse and Violence on similar to the one described by ADD in area in future years. All newly funded Children With Disabilities, all of which this priority area is working in one State PNS initiatives are expected to develop were supportive of the overall approach. to prevent child abuse of children with the capacity to communicate and Many commenters noted the great need disabilities. The strategy being used disseminate information and technical for this area to be addressed. Some involves a wide range of agencies assistance through e-mail and other commented that the issue involves both including the State Departments of effective, affordable, and accessible the abuse of children with disabilities Education, Human Resources, Mental forms of electronic communication. and disabilities caused by abuse and Health and Mental Retardation, as well Comment: ADD received 12 neglect of children. Many stated that a as the State Developmental Disabilities comments on Priority Area 7, Meeting comprehensive multi-system, multi- Planning Council and Protection and the Mental Health Needs of Individuals agency approach must be taken to Advocacy Agency, Children’s Trust With Developmental Disabilities. ADD adequately address the significant issue Fund, Corporate Foundation for received many commendations for of prevention, intervention, and Children, a major university, and including a priority area on the mental treatment of abuse and neglect of several other agencies. Besides health aspects of mental retardation and children with, and at risk of, including these entities, another other developmental disabilities issues. disabilities. Many commenters noted organization recommended also Comments cited lack of training in this the need for coordination among a wide involving the State Child Care, Health area and the critical need for variety of State and local agencies in and Criminal Justice systems as well as partnerships to stimulate interagency abuse cases. Several recommendations Head Start programs. agreements and other needed projects. It specifically stressed the need for Response: ADD is pleased to see the was recommended that single points of coordinated investigations, including very favorable response to this priority entry be established and that services the importance of sharing data among area and the comprehensive approach follow the individual into the agencies when abuse or neglect of a we selected. ADD has worked over the community. child is alleged. One commenter last year, in collaboration with other There was a suggestion that ADD reported that Child Advocacy Centers Federal agencies, to help focus national consider as a funding requirement a throughout the country are attempting attention on the problem of abuse of letter of agreement between the State to coordinate all of the investigating children with disabilities and the fact mental health system and the State entities involved in child abuse cases. that abuse often causes disabilities. We developmental disabilities system. One organization noted that non- believe that a multi-system, multi- There were suggestions for projects organic failure-to-thrive typically results agency coordinated approach must be aimed at improving both the community from neglect, abuse, and poor used at the local, State, and national and social presence and social skills of knowledge of care giving. Another level in order to adequately address this persons with dual diagnoses and for commenter recommended the need for serious problem. In this announcement, involvement in arts and leisure training of professionals and research on ADD will stress the need for programming. Training was urged for all the incidence and prevalence of coordination and collaboration among network participants in such issues as Abusive Head Trauma, including all agencies involved in allegations of inclusion, psychoactive medications, Shaken Baby Syndrome (SBS), which abuse as well as in prevention activities, anger management, and legal aspects. was reported as the leading cause of including the need to share data among There was also strong support for disability among abused children. all agencies. consumer outcome measures to evaluate One commenter noted that provision We appreciate the information program impact. of adequate child care can help to regarding non-organic failure to thrive Response: ADD has long felt strongly reduce the incidence of abuse and and Abusive Head Trauma, including that the mental health needs of persons neglect and that child care workers are Shaken Baby Syndrome, and will with developmental disabilities do not a good source of identifying children at address these in this announcement. receive adequate attention. ADD was at risk of abuse and neglect. Another ADD agrees that appropriate child care the forefront of promoting nonaversive commenter stated that a ‘‘safety net’’ may help reduce abuse and neglect, and approaches and has funded a Project of could be designed to identify and enroll we will address the need for inclusive National Significance to develop families at risk of abusing their children. child care in Priority Area 4. Moreover, training materials for mental health Such families would then be provided we hope child care agencies will be professionals to help bridge the gap with education and training designed to involved as relevant agencies in any between systems. A number of ADD- increase their parenting skills and comprehensive State or local child funded University Affiliated Programs reduce the risk of abuse and neglect. abuse strategy. Concerning the and Developmental Disabilities One commenter recommended recommendation that a ‘‘safety net’’ Councils have projects in their local funding a group of local projects in a approach be used of enrolling and areas. Community inclusion requires given State to bring about a coordinated training parents at risk of abusing their understanding on the part of providers strategy from the ‘‘bottom up’’ rather children, ADD agrees that parent skill and network participants and than from a Statewide demonstration training can help reduce the risk of individuals and families as well. There which then filters change down to the abuse and neglect, but we leave the is also great need to raise the general local level. Another organization individual elements of any strategy standard of practice regarding stressed the need for information, selected to the State or local community psychoactive medications. education, and training of a variety of involved. The next stage of addressing this issue audiences, disciplines, and professions, ADD believes that with limited funds will be broader implementation of including children and youth it is best to demonstrate the strategies and best practices. Effective themselves. ADD was also urged to comprehensive, coordinated strategy at advocacy through recruitment and collaborate with appropriate agencies at a State level first, especially given the training will contribute toward the Federal level to address the abuse flow of Federal funds for the various appropriate systems change. problem. agencies involved which usually go to Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32051 the State level first and then to local when needed from recognized experts duplication of effort be avoided. One communities. However, if a State wishes was also suggested. There was also commenter wished to see increased to develop a grant application which is strong support for collaborative network government incentives, such as tax focused on developing a comprehensive efforts at the Federal level through credits, for the promulgation of multi-system, multi-agency statewide memoranda of understanding and fiscal charitable donations of time, assets such strategy and then proposes to test participation, which, along with as housing or equipment, and funds to implementation of the strategy in a deliverable products, will enable advance the concerns of the Projects of number of local communities before progress to go far beyond National Significance and other efforts. implementation statewide, we would be communication toward realization of Two comments reflected regret over interested in considering funding for supports and service benefits at the lack of continuation of projects in this approach. ADD urges any State local level. leadership initiatives and personal applying for funds to include all the Response: The thoughtful assistance services and another would relevant agencies, systems, disciplines, commentary on this priority area is like to have seen more latitude for and other pertinent entities in its timely and appreciated. ADD will choice of project design within priority proposed strategy and grant application. closely consider the input received and areas. More focus was called for on the In addition to this PNS priority area, seek out additional consultations with Americans with Disabilities Act (ADA) ADD will continue its interagency and the network and other stakeholders on through a dynamic model of interdepartmental activities to prevent this issue. empowerment for ADA compliance at and reduce the incidence of abuse of Comment: ADD received 27 general the grass roots level utilizing the children with disabilities and all other comments on the priority areas. They significant Protection and Advocacy children who are abused, many of were vastly supportive of what had been resource. whom develop disabilities. proposed. Several comments were There were some questions about Comment: ADD received 9 comments received that commended us for the way targeting specific priority areas to on Proposed Priority Area 9, Technical in which we approached this year’s address concerns that should already be Assistance Projects. The hope was priorities through considerable under development by Councils and expressed that ADD could continue to consultation, discussion, and reflection about creating or enhancing specialized provide the catalyst to generate and the inclusion of such issues as structures instead of providing advocacy and support for individuals to increasing interagency collaboration and appropriate supports from within protect their legal and human rights outcome measurement methodology, generic service systems. under the ADA, Section 504 of the consumer empowerment, system Response: The unusual depth and Rehabilitation Act of 1973 as amended conversion, strategies for addressing range of commentary on the proposed by the Rehabilitation Act amendments abuse and violence, employment FY 1995 funding priorities reflects an of 1992 (Pub.L. 102–569), and the opportunities through community impressive intensity and commitment. Constitution. Efforts such as the service, unserved and inadequately ADD expended considerable energy to Advocacy Training/Technical served individuals, and individuals develop these initiatives, utilizing the Assistance Center were reported to have with developmental disabilities in the resources of its network and staff, and provided valuable technical assistance criminal justice system. we have applied the same diligence in to the protection and advocacy systems. There was strong support for giving consideration of comments, suggestions, One commenter proposed a national highest priority to the areas of cultural and recommendations. We believe the technical assistance project independent diversity, consumer involvement, and final priority areas reflect the input from the existing Protection and technical assistance and for recognizing received from the public comment Advocacy System. that collaboration and cooperation are process and a sensitivity to the concerns There was a recommendation that not outcomes in themselves but means expressed in each of the letters received. ADD direct its resources not only to to successful programmatic results. Clearly, not every issue raised can be improve each component of the ADD Focusing on deliverable products, such addressed and incorporated. network (Protection and Advocacy as model memoranda of agreement, When in the past we proposed only a Systems, University Affiliated Programs, training curricula, procedural plans, or few priority areas, it was thought by and Developmental Disabilities memoranda for joint funding, and on some that the full range of needs was Councils) but to realize the impact of outcomes was seen as increasing the ignored. Proposing several priority areas cooperative and coordinated activities replicability of the proposed priorities. has been seen by some as attempting too focused on common goals. Commenters ADD was urged to seek assurance that much. The purpose of the ADD Projects urged ADD to include in any training people with disabilities are included in of National Significance is to chart the application of the 14 principles of implementation of funded projects courses that others can follow. A quality improvement developed by W. through participation in advisory bodies component of all Projects of National Edwards Deming for private industry, and quality management and evaluation Significance is the development and which are seen as applicable to teams. ADD was also urged to promote implementation of programs and disability issues, as well as the nine culturally appropriate approaches with approaches that will be ongoing beyond principles delineated in Reinventing respect to information dissemination funding periods. We have been Government, which reinforce such goals and recruitment of professionals and challenged by the call to reinvent as outcome orientation, responsiveness nonprofessionals. government and charged by our to consumers, empowerment, and In addition, there was strong support constituencies to promote systems teamwork. for ADD’s continued funding of national change for effective response to There was encouragement to separate data collection and analysis projects and identified needs. technical assistance from program a recommendation that data should ADD hopes that the description of monitoring and to allow program reflect current best thinking of the comments received and its responses components to direct the technical developmental disabilities network will be viewed as a forum, for we have assistance provided to them. Exploring about housing and individual supports, seen an unusual range of feedback different methods of utilizing stipends not facilities, and about jobs, not which tells us and those who read this or vouchers for technical assistance sheltered employment, and that announcement what the best thinking is 32052 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices by those who share our interests and Federal government, will use the Reviewers will determine the concerns. In the course of responding to appropriate evaluation criteria listed strengths and weaknesses of each proposed ADD priority areas, numerous later in this Part to review and score the proposal in terms of the evaluation coalitions have been formed and/or applications. The results of this review criteria, provide comments, and assign strengthened. The 62 comment letters are a primary factor in making funding numerical scores. The point value received by the close of the comment decisions. following each criterion heading period, the 5 letters postmarked after ADD reserves the option of discussing indicates the maximum numerical that date, and the 193 telephone applications with, or referring them to, weight that each section may be given inquiries indicate a growing nationwide other Federal or non-Federal funding in the review process. force. Though we cannot fund every sources when this is determined to be in the best interest of the Federal 1. Objectives and Need for Assistance proposal, we will not allow the intense (20 Points) efforts to consult and collaborate to government or the applicant. It may also dissipate if a project is not funded. ADD solicit comments from ADD Regional The extent to which the application will seek ways to create linkages so that Office staff, other Federal agencies, pinpoints any relevant physical, the energy in this repository can become interested foundations, national economic, social, financial, institutional an ever greater resource. organizations, specialists, experts, States or other problems requiring a solution; and the general public. These demonstrates the need for the Part III. The Review Process comments, along with those of the assistance; states the principal and A. Eligible Applicants expert reviewers, will be considered by subordinate objectives of the project; ADD in making funding decisions. provides supporting documentation or Before applications are reviewed, In making decisions on awards, ADD other testimonies from concerned each will be screened to determine that may give preference to applications interests other than the applicant; and the applicant is eligible for funding, as which focus on or feature: Culturally includes and/or footnotes relevant data specified under the selected priority diverse minority or ethnic populations; based on the results of planning studies. area. Applications from organizations a substantially innovative strategy with The application must identify the which do not meet the eligibility the potential to improve theory or precise location of the project and area requirements for the priority area will practice in the field of human services; to be served by the proposed project. not be considered or reviewed in the a model practice or set of procedures Maps and other graphic aids should be competition, and the applicant will be that holds the potential for replication attached. so informed. by organizations involved in the Only public or non-profit private administration or delivery of human 2. Results or Benefits Expected (20 entities, not individuals, are eligible to services; substantial involvement of Points) apply under any of the priority areas. volunteers; substantial involvement The extent to which the application On all applications developed jointly by (either financial or programmatic) of the identifies the results and benefits to be more than one agency or organization, private sector; a favorable balance derived, the extent to which they are the applications must identify only one between Federal and non-Federal funds consistent with the objectives of the organization as the lead organization available for the proposed project; the proposal, and the extent to which the and official applicant. The other potential for high benefit for low application indicates the anticipated participating agencies and organizations Federal investment; a programmatic contributions to policy, practice, theory can be included as co-participants, focus on those most in need; and/or and/or research. The extent to which the subgrantees or subcontractors. substantial involvement in the proposed proposed project costs are reasonable in Any nonprofit organization project by national or community view of the expected results. submitting an application must submit foundations. This year, 5 points will be 3. Approach (35 Points) proof of its nonprofit status in its awarded in scoring for any project that application at the time of submission. includes partnership and collaboration The extent to which the application One means of accomplishing this is by with the 112 Empowerment Zones/ outlines a sound and workable plan of the nonprofit agency providing a copy Enterprise Communities. action pertaining to the scope of the of the applicant’s listing in the Internal To the greatest extent possible, efforts project, and details how the proposed Revenue Service’s most recent list of will be made to ensure that funding work will be accomplished; cites factors tax-exempt organizations described in decisions reflect an equitable which might accelerate or decelerate the section 501(c)(3) of the IRS code or by distribution of assistance among the work, giving acceptable reasons for providing a copy of the currently valid States and geographical regions of the taking this approach as opposed to IRS tax exemption certificate, or by country, rural and urban areas, and others; describes and supports any providing a copy of the articles of ethnic populations. In making these unusual features of the project, such as incorporation bearing the seal of the decisions, ADD may also take into design or technological innovations, State in which the corporation or account the need to avoid unnecessary reductions in cost or time, or association is domiciled. duplication of effort. extraordinary social and community ADD cannot fund a nonprofit involvements; and provides for applicant without acceptable proof of its C. Evaluation Criteria projections of the accomplishments to nonprofit status. Using the evaluation criteria below, a be achieved. Activities to be carried out panel of at least three reviewers should be listed in chronological order, B. Review Process and Funding (primarily experts from outside the showing a reasonable schedule of Decisions Federal government) will review the accomplishments and target dates. Applications from eligible applicants applications. Applicants should ensure The extent to which, when applicable, that meet the deadline date that they address each minimum the application identifies the kinds of requirements under Part V, Section C requirement in the priority area data to be collected and maintained, and will be reviewed and scored description under the appropriate discusses the criteria to be used to competitively. Experts in the field, section of the Program Narrative evaluate the results and successes of the generally persons from outside of the Statement. project. The extent to which the Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32053 application describes the evaluation to the amount of time for which Federal For multi-year projects, continued methodology that will be used to funding is available. Federal funding beyond the first budget determine if the needs identified and • Federal Share of Project Costs: This period, but within the approved project discussed are being met and if the section specifies the maximum amount period, is subject to the availability of results and benefits identified are being of Federal support for the project. funds, satisfactory progress of the achieved. The application also lists each • Matching Requirement: This section grantee and a determination that organization, agency, consultant, or specifies the minimum non-Federal continued funding would be in the best other key individuals or groups who contribution, either through cash or in- interest of the Government. will work on the project, along with a kind match, that is required to the F. Grantee Share of Project Costs description of the activities and nature maximum Federal funds requested for of their effort or contribution. the project. Grantees must provide at least 25% • percent of the total approved cost of the 4. Staff Background and Organization’s Anticipated Number of Projects To project. The total approved cost of the Experience (25 Points) Be Funded: This section specifies the number of projects that ADD anticipates project is the sum of the ACF share and The application identifies the it will fund in the priority area. the non-Federal share. The non-Federal background of the project director/ • CFDA: This section identifies the share may be met by cash or in-kind principal investigator and key project Catalog of Federal Domestic Assistance contributions, although applicants are staff (including name, address, training, (CFDA) number and title of the program encouraged to meet their match educational background and other under which applications in this requirements through cash qualifying experience) and the priority area will be funded. This contributions. Therefore, a project experience of the organization to information is needed to complete item requesting $100,000 in Federal funds demonstrate the applicant’s ability to 10 on the SF 424. (based on an award of $100,000 per effectively and efficiently administer Please note that applications that do budget period) must include a match of this project. The application describes not comply with the specific priority at least $33,333 (25% total project cost). the relationship between this project area requirements in the section on An exception to the grantee cost- and other work planned, anticipated or ‘‘Eligible Applicants’’ will not be sharing requirement relates to under way by the applicant which is reviewed. applications originating from American being supported by Federal assistance. Applicants must clearly identify the Samoa, Guam, the Virgin Islands, and D. Structure of Priority Area specific priority area under which they the Commonwealth of the Northern Descriptions wish to have their applications Mariana Islands. Applications from these areas are covered under section Each priority area description is considered, and tailor their applications 501(d) of Pub. L. 95–134, which requires composed of the following sections: accordingly. In addition, previous • Eligible Applicants: This section experience has shown that an that the Department waive ‘‘any specifies the type of organization which application which is broader and more requirement for local matching funds for is eligible to apply under the particular general in concept than outlined in the grants under $200,000.’’ priority area. priority area description is less likely to The applicant contribution must • Purpose: This section presents the score as well as one which is more generally be secured from non-Federal basic focus and/or broad goal(s) of the clearly focused on and directly sources. Except as provided by Federal priority area. responsive to the concerns of that statute, a cost-sharing or matching • Background Information: This specific priority area. requirement may not be met by costs borne by another Federal grant. section briefly discusses the legislative E. Available Funds background as well as the current state- However, funds from some Federal of-the-art and/or current state-of- ADD intends to award new grants programs benefitting Tribes and Native practice that supports the need for the resulting from this announcement American organizations have been used particular priority area activity. during the fourth quarter of fiscal year to provide valid sources of matching Relevant information on projects 1995, subject to the availability of funds. If this is the case for a Tribe or previously funded by ACF and/or other funding. The size of the actual awards Native American organization State models are noted, where will vary. Each priority area description submitting an application to ADD, that applicable. includes information on the maximum organization should identify the • Minimum Requirements for Project Federal share of the project costs and programs which will be providing the Design: This section presents the basic the anticipated number of projects to be funds for the match in its application. set of issues that must be addressed in funded. If the application successfully competes the application. Typically, they relate to The term ‘‘budget period’’ refers to the for PNS grant funds, ADD will project design, evaluation, and interval of time (usually 12 months) into determine whether there is statutory community involvement. This section which a multi-year period of assistance authority for this use of the funds. The also asks for specific information on the (project period) is divided for budgetary Administration for Native Americans proposed project. Inclusion and and funding purposes. The term and the DHHS Office of General Counsel discussion of these items is important ‘‘project period’’ refers to the total time will assist ADD in making this since they will be used by the reviewers a project is approved for support, determination. including any extensions. in evaluating the applications against G. Cooperation in Evaluation Efforts the evaluation criteria. Project products, Where appropriate, applicants may continuation of the project effort after propose project periods which are Grantees funded by ADD may be the Federal support ceases, and shorter than the maximums specified in requested to cooperate in evaluation dissemination/utilization activities, if the various priority areas. Non-Federal efforts funded by ADD. The purpose of appropriate, are also addressed. share contributions may exceed the these evaluation activities is to learn • Project Duration: This section minimums specified in the various from the combined experience of specifies the maximum allowable length priority areas when the applicant is able multiple projects funded under a of time for the project period; it refers to do so. particular priority area. 32054 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices H. Closed Captioning for Audiovisual disabilities (12–21 years of age) to other community activities. In addition, Efforts achieve their full potential and grow to University Affiliated Programs have as Applicants are encouraged to include be successful, independent adults. one of their mandated activities the ‘‘closed captioning’’ in the development Specifically, ADD and FYSB are seeking provision of training and technical of any audiovisual products. applications that explore methods for assistance to community agencies assisting their respective grantees to serving individuals with developmental Part IV. Fiscal Year 1995 Priority Areas ensure access to appropriate services disabilities, including youth. for Projects of National Significance and supports by youth with FYSB and ADD are accepting applications developed jointly by at The following section presents the developmental disabilities who least one ADD and one FYSB funded final priority areas for Fiscal Year 1995 participate in their programs. • Background Information: Youth grantee to demonstrate the need for and Projects of National Significance (PNS) with developmental disabilities face effectiveness of collaborations between and solicits the appropriate enormous odds. Too often, as with all the FYSB and ADD grantee programs to applications. people with developmental disabilities, enable at-risk youth with developmental Fiscal Year 1995 Priority Area 1: ADD they lack the basics of American life: A disabilities to make a successful and ACYF, Family and Youth Services good education, a job, and a real home. transition from adolescence to Bureau Collaboration Between Youth Tagged with diagnostic labels and adulthood. Service Providers and Disabilities segregated and discriminated against, Agencies interested in submitting Advocates to Enhance Services to Youth many lack the information, assistance, applications under this priority area With Developmental Disabilities and support they need to make should contact FYSB at (202) 205–8060 informed choices. Their abilities are not • Eligible Applicants: Basic Center or ADD at (202) 690–6897 for recognized; and their differences set Programs for Runaway and Homeless information regarding their respective them apart, even from family members Youth (RHY), Transitional Living programs and existing grantees. who love them but cannot afford or • Minimum Requirements for Project Programs for RHY, Drug Abuse and manage their special needs. Situations Design: These projects must be Prevention Programs for RHY, and such as these increase the odds that conducted collaboratively between at Youth Gang Drug Prevention Programs youth with developmental disabilities least one ADD and one FYSB-funded currently funded by the Family and will join the ranks of other runaway and grantee. Both collaborating agencies Youth Services Bureau and University homeless youth and youth involved in must be located in the same or Affiliated Programs, State gangs or negative behaviors, thereby neighboring communities to facilitate Developmental Disabilities Councils, increasing their vulnerability. collaboration. Collaborations should be and Protection and Advocacy Programs To address these needs, FYSB and functional; letters of agreement are not currently funded by the Administration ADD established a three-year enough. Each collaborating agency on Developmental Disabilities. Memorandum of Understanding (MOU) should be actively involved and should • Purpose: Under this priority area, to enhance coordination between the provide an essential component of the Administration on Developmental two agencies with the goal of increasing service to the program. Disabilities (ADD) and the Family and access to generic and specialized Applications should be culturally Youth Services Bureau (FYSB) of the services for youth with developmental sensitive, family based, and community Administration on Children, Youth and disabilities. focused. The population to be served by Families (ACYF) will jointly award The FYSB administers the Runaway the projects should include both youth demonstration grant funds to foster and Homeless Youth Program, the who are and who are not at-risk of collaboration between its grantee Transitional Living Program for running away from home or becoming programs. The purpose of these grants Homeless Youth, the Drug Abuse involved in gang activity or delinquent will be to provide improved access to Prevention Program for Runaway and behavior. In addition, both youth who services and supports for youth with Homeless Youth, and the Youth Gang have and who do not have a developmental disabilities who are at Drug Prevention Program. These developmental disability should be risk of running away or becoming programs were created in response to included in the target population. involved in gang activities or delinquent widespread concern about the alarming ADD and FYSB are particularly behavior. Both ADD and FYSB are number of runaway and homeless youth interested in supporting projects which interested in applications that will and youth at-risk of gang involvement. plan to undertake the following support a youth development approach Today, an estimated 500,000 to 1.5 activities: to serving young people. The FYSB million youth run away from, or are • Improve coordination of services encourages local youth service agencies forced out of their homes, and an through increased networking and to offer a holistic service approach that estimated 200,000 are homeless. While information sharing among Federal, acknowledges young people’s strengths there are no reliable estimates of youth State, and local organizations involved and contributions while responding to at-risk of becoming involved or involved in providing services. These efforts their needs. ADD advocates for services in gangs, all States have reported the should include all stakeholders, with at- that enable young people with rise of youth gangs and their illegal risk youth and their families at the developmental disabilities to live activities. center of the collaborative partnerships. independently through employment. ADD grantees are involved in a • Identify existing programs that are This goal is achieved by drawing on variety of State and local efforts which providing effective services to at-risk both the support of the community and specifically address this population. For youth with developmental disabilities. the youth’s own resources. Employment example, addressing the transition of • Enhance service delivery through is an important outcome for all youth youth from school to the workplace is the identification of the risks, issues, with developmental disabilities. a priority for virtually all State problems and needs of at-risk youth These projects, to be conducted Developmental Disabilities Councils. with developmental disabilities. jointly by ADD and FYSB funded The Protection and Advocacy agencies • Enhance service delivery through grantees, would strengthen the ability of advocate for the inclusion of youth with the identification of the existing barriers at-risk youth with developmental disabilities in regular classrooms and to full collaborative partnerships Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32055 designed to advance the independence, • Anticipated Number of Projects to new recruits with the training and individual choice, and empowerment of be Funded: It is anticipated that up to technical assistance needed to afford at-risk youth with disabilities and their three (3) projects will be funded. people with disabilities who are victims families and break the dependence these • CFDA: ADD’s CFDA (Code of or alleged perpetrators of crime with youth may ultimately have on the Federal Domestic Assistance) number is equal justice under the law. service delivery system. 93.631—Developmental Disabilities— The input and participation of people • Improve access to supports and Projects of National Significance. with developmental and other services through the identification and FYSB’s CFDA numbers are 93.623, disabilities is crucial for familiarizing development of collaborative and Runaway and Homeless Youth Program, police and others with the unique range comprehensive systems of support 93.550, Transitional Living Program, of needs and abilities of such including training materials and and 93.660, Youth Gang Drug individuals. strategies for technical assistance in Prevention Program. Additional training is needed to better prepare individuals with disabilities to state-of-the-art services and supports Fiscal Year 1995 Priority Area 2: avoid conduct that might place them at which promote the independence of at- Americans With Developmental risk of becoming victims or accused risk youth with disabilities. The Disabilities and the Criminal Justice perpetrators of criminal activities and to activities of these projects may include System a technology component for youth for negotiate in the criminal justice system • Eligible Applicants: Self-advocacy whom assistive devices become the key should they become involved with it. groups, independent living centers, to independence. An understanding of Miranda rights and private nonprofit organizations, or responses is crucial. As a general guide, we will expect to agencies. ADD is particularly interested in fund only those applications for projects • Purpose: Under this priority area, receiving applications from national, that are ADD will award demonstration grant State, and local self-advocacy networks, • Family focussed. funds for projects addressing the with the capacity to work • Community based. consequences of becoming involved in collaboratively with the developmental • Culturally competent. the criminal justice system by disabilities network, service providers, • In compliance with the Americans individuals with developmental law enforcement officials, criminal with Disabilities Act and section 504 of disabilities. The Americans with justice agencies, the civil rights the Rehabilitation Act of 1973 as Disabilities Act requires police to take community, and others, who would be amended by the Rehabilitation Act steps, including training when able to spearhead such efforts. amendments of 1992 (Pub. L. 102–569). necessary, to avoid discriminatory • Minimum Requirements for Project • Project Duration: This treatment on the basis of disability. Design: ADD is particularly interested in announcement is soliciting applications States and localities require direction supporting projects which include the and assistance to carry out these following: for project periods up to three years • under this priority area. Awards, on a provisions. Initiation and coordination by a • Background Information: Both as competitive basis, will be for a one-year self-advocacy network working victims and those accused and budget period, although project periods collaboratively with the developmental convicted of committing crimes, may be for three years. Applications for disabilities network, disability groups, individuals with developmental continuation grants funded under this Mentally Retarded Defendants disabilities (especially mental priority area beyond the one-year budget Programs, and those agencies included retardation) are becoming increasingly period, but within the three-year project in the criminal justice system. involved in the criminal justice system. • A survey and list of programs, period, will be entertained in Moreover, these individuals often face materials, curricula that have been subsequent years on a non-competitive unequal justice at the hands of police developed and implemented, including basis, subject to the availability of and the courts precisely because the relevant legal statutes. funds, satisfactory progress of the current system is not educated or • The implementation of an ongoing grantee and determination that prepared to respond or adapt to their procedure for soliciting discussion, continued funding would be in the best disabilities and self-advocates have not exploring experiences and perceptions, interest of the Government. and strategizing steps for prevention, for • been considered as essential elements of Federal Share of Project Costs: The the educational process. dealing with sexual harassment, and for maximum Federal share is not to exceed Advocates, scholars, and others argue navigating through legal procedures, $150,000 for the first 12-month budget that people who have been very which may include focus groups, period or a maximum of $450,000 for a carefully taught all their lives to trust interviews following incarceration, and three-year project period. and please authority figures sometimes video presentations with a view toward • Matching Requirement: Grantees confess to crimes they have not and receiving input and direction from must provide at least 25 percent of the could not have committed. Police, individuals with developmental total approved cost of the project. The prosecutors, and the public need to disabilities. total approved cost of the project is the learn about the raw vulnerability of • The development of self-produced sum of the ACF share and the non- many of these citizens. materials in such media as dramatic Federal share. The non-Federal share Much more focused effort must be presentations, artwork, or music to may be met by cash or in-kind placed on identifying and replicating convey issues regarding prevention of contributions, although applicants are best and promising practices in this involvement and negotiating encouraged to meet their match area. This is especially true if the involvement with the criminal justice requirements through cash critical concept of community policing system. contributions. Therefore, a project is going to be applied to individuals • The development or adaptation of requesting $150,000 in Federal funds with disabilities in a fair and effective model programs at the local level, (based on an award of $150,000 per manner throughout our Nation. including coverage of sexual budget period) must include a match of Greater emphasis, therefore, must be harassment, for implementation with at least $50,000 (25% total project cost). placed on providing current police and individuals with developmental 32056 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices disabilities, family members, service beyond. A plan describing initial Fiscal Year 1995 Priority Area 3: First providers, police, court personnel, activities is needed between funded Jobs—Introducing Persons With/Without health and rehabilitation liaison, and projects as well as at the end of the Developmental Disabilities to the World others involved with the criminal project period. These activities should of Work and Community Service justice system. Materials should be maintain and share ongoing • Eligible Applicants: State agencies, developed in easy-to-understand information, existing resources of independent living centers, public or language. consultants/experts, and curriculum/ • private nonprofit organizations, the The development of strategies for materials with funded projects and AmeriCorps program of the Corporation establishing a pre-trial intervention within the network. for National and Community Service, program providing counseling, • Project Duration: This institutions or agencies. education, and family support. • announcement is soliciting applications Purpose: Under this priority area, As a general guide, ADD will expect ADD will award model research and to fund only those applications for for a three-year project period under this priority area. Awards, on a competitive demonstration funds on introducing projects that incorporate the following young people to the world of work and basis, will be for a one-year budget elements: community service. The initiative • Consumer/self-advocate orientation period, although project periods may be intends to target young people with/ and participation. for three years. Applications for without developmental disabilities and • Key project personnel with direct continuation grants funded under this other significant disabilities from life, parental, or familial experience priority area beyond the one-year budget culturally diverse backgrounds to enable with living with a disability. period, but within the three-year project • them to gain first time job or community Strong advisory components that period, will be entertained in consist of 51% individuals with service experience that will lead to subsequent years on a non-competitive second jobs and ultimate career paths. disabilities and a structure where basis, subject to the availability of individuals with disabilities make real We are particularly interested in funds, satisfactory progress of the applications that explore job decisions that determine the outcome of grantee, and determination that the grant. opportunities for young adults (15–25 continued funding would be in the best • Research reflecting the principles of years of age). participatory action. interest of the Government. These projects should encourage the • Cultural competency. • Federal Share of Project Costs: The inclusion of matches with individuals • A description of how individuals maximum Federal share is not to exceed with developmental disabilities and with disabilities and their families will $70,000 for the first 12-month budget those without developmental be involved in all aspects of the design, period or a maximum of $210,000 for a disabilities in job settings which would implementation, and evaluation of the three-year project period. lead to a stronger workplace and community for the future. project. • Matching Requirement: Grantees • • Attention to unserved and Background Information: must provide at least 25 percent of the inadequately served individuals, having Nationally, the employment outlook for a range of disabilities from mild to total approved cost of the project. The young Americans with developmental severe, from multicultural backgrounds, total approved cost of the project is the disabilities is bleak. Progress is being rural and inner-city areas, and migrant, sum of the ACF share and the non- made supporting people with significant homeless, and refugee families. Federal share. The non-Federal share disabilities in real jobs, but the • Compliance with the Americans may be met by cash or in-kind following facts speak for themselves: with Disabilities Act and Section 504 of contributions, although applicants are 1. Only about 10 percent of students the Rehabilitation Act of 1973 as encouraged to meet their match with developmental disabilities amended by the Rehabilitation Act requirements through cash graduating from school go on to amendments of 1992 (Pub. L. 102–569). contributions. Therefore, a project competitive or supported employment. • Collaboration through partnerships requesting $70,000 in Federal funds 2. In 1990, only about half of people and coalitions. (based on an award of $70,000 per with developmental disabilities • Development of the capacity to budget period) must include a match of surveyed indicated they had any choice communicate and disseminate at least $23,333 (25% total project cost). in what job they held. information and technical assistance 3. Last, 90 cents of every Federal • Anticipated Number of Projects to through e-mail and other effective, dollar and 80 cents of every State dollar be Funded: It is anticipated that up to affordable, and accessible forms of spent on providing services to people electronic communication. two (2) projects will be funded. Subject with developmental disabilities during • A community-based approach. to availability of additional resources in the day is spent on keeping individuals • Responsiveness through systems FY 1996 and the number of acceptable in segregated, non-productive settings. change. applications received as a result of this The cultural change that needs to • Identification of barriers and program announcement, the ADD occur is a redirection of the efforts of strategies for overcoming barriers. Commissioner may elect to select service providers and a shifting of focus • Outcome orientation. recipients for the FY 1996 cohort of onto the abilities and skills of • Measurement and ongoing programs out of the pool of applications individuals with disabilities. First-time evaluation, including the participation submitted for FY 1995 funds. job support can result from partnerships with young people without disabilities. of individuals with disabilities in • CFDA: ADD’s CFDA (Code of This emphasis on inclusion provides formulation and implementation. Federal Domestic Assistance) number is • Development and establishment of mutual benefit as young people in their 93.631—Developmental Disabilities— practices and programs beyond project first community service or employment period. Projects of National Significance. This experiences benefit from the resources • Dissemination of models, products, information is needed to complete item of diversity. best practices, and strategies for 10 on the SF 424. • Minimum Requirements for Project distribution between the networks and Design: The projects must address Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32057 strategies for first jobs that will lead to implementation, and evaluation of the • Matching Requirement: Grantees second jobs and ultimate career paths. project. must provide at least 25 percent of the Research should include assessments of • Attention to unserved and total approved cost of the project. The current practices and of necessary inadequately served individuals, having total approved cost of the project is the supports, such as transportation, a range of disabilities from mild to sum of the ACF share and the non- adaptive technology, and personal severe, from multicultural backgrounds, Federal share. The non-Federal share assistance services. rural and inner-city areas, and migrant, may be met by cash or in-kind Collaborative linkages among service/ homeless, and refugee families. contributions, although applicants are support providers should be explored as • Compliance with the Americans encouraged to meet their match well as matches with individuals with with Disabilities Act and Section 504 of requirements through cash developmental disabilities and those the Rehabilitation Act of 1973 as contributions. Therefore, a project without developmental disabilities in amended by the Rehabilitation Act requesting $100,000 in Federal funds job settings. Strategies for success amendments of 1992 (Pub. L. 102–569). (based on an award of $100,000 per should include and stress consumer • Collaboration through partnerships budget period) must include a match of choice and empowerment as essential and coalitions. at least $33,333 (25% total project cost). • approaches in the development and • Development of the capacity to Anticipated Number of Projects to implementation of projects that will be communicate and disseminate be Funded: It is anticipated that up to culturally competent, ongoing, and have information and technical assistance two (2) projects will be funded. Subject measurable outcomes. through e-mail and other effective, to availability of additional resources in The strategy should include the affordable, and accessible forms of FY 1996 and the number of acceptable following components: electronic communication. applications received as a result of this • The identification of the barriers • A community-based approach. program announcement, the ADD encountered in putting young people to • Responsiveness through systems Commissioner may elect to select work and strategies found effective in change. recipients for the FY 1996 cohort of programs out of the pool of applications doing so. • Identification of barriers and • The development of model submitted for FY 1995 funds. strategies for overcoming barriers. • memoranda of understanding among • CFDA: ADD’s CFDA (Code of Outcome orientation. Federal Domestic Assistance) number is schools, businesses, and agencies at the • Measurement and ongoing local level as called for in the School- 93.631—Developmental Disabilities— evaluation, including the participation Projects of National Significance. This to-Work Opportunities Act of 1994. of individuals with disabilities in • The development of policy information is needed to complete item formulation and implementation. recommendations on transitions from 10 on the SF 424. • Development and establishment of school-to-work. practices and programs beyond project Fiscal Year 1995 Priority Area 4: Child • The development of period. Care and Early Intervention: Linkages recommendations on needed technical • Dissemination of models, products, for Successful Inclusion of Young assistance at local and State levels. Children with Disabilities • The development of best practices, and strategies for • recommendations on what roles distribution between the networks and Eligible Applicants: State agencies, Developmental Disabilities Councils, beyond. A plan describing initial public and private nonprofit University Affiliated Programs, and activities is needed between funded organizations, institutions or agencies. • Protection and Advocacy systems can projects as well as at the end of the Purpose: ADD will award play in increasing school-to-work project period. These activities should demonstration grant funds for projects opportunities. maintain and share ongoing which will increase the capacity of • The evaluation of whether job information, existing resources of child care and development programs to sharing among young people with and consultants/experts, and curriculum/ meet the needs of young children with without disabilities is an effective materials with funded projects and disabilities. Child care services need to within the network. be included among the essential partner strategy for increasing the employment • opportunities for both groups. Project Duration: This agencies in the provision of early, As a general guide, ADD will expect announcement is soliciting applications continuous, intensive, and to fund only those applications for for project periods up to three years comprehensive child development and projects that incorporate the following under this priority area. Awards, on a family support services to children with elements: competitive basis, will be for a one-year disabilities and their families. The • Consumer/self-advocate orientation budget period, although project periods primary goals of projects would be and participation. may be for three years. Applications for increasing access to quality child care • Key project personnel with direct continuation grants funded under this services for children with disabilities life, parental, or familial experience priority area beyond the one-year budget birth through age 5 and increasing the with living with a disability. period, but within the three-year project delivery of early intervention and • Strong advisory components that period, will be entertained in related services to children in natural consist of 51% individuals with subsequent years on a non-competitive and inclusive environments. disabilities and a structure where basis, subject to the availability of • Background Information: Although individuals with disabilities make real funds, satisfactory progress of the inclusion of children with disabilities decisions that determine the outcome of grantee and determination that within child care is not a new the grant. continued funding would be in the best occurrence, few formal mechanisms • Research reflecting the principles of interest of the Government. support effective coordination between participatory action. • Federal Share of Project Costs: The the child care and disability • Cultural competency. maximum Federal share is not to exceed communities. These systems remain • A description of how individuals $100,000 for the first 12-month budget separate and apart even as they are with disabilities and their families will period or a maximum of $300,000 for a called upon to provide services to the be involved in all aspects of the design, three-year project period. same children and families. Families of 32058 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices young children with disabilities care community, providers, and parents individuals with disabilities make real continue to rank child care among the of children with disabilities regarding decisions that determine the outcome of highest of their unmet needs. the ADA and its protections and the grant. Furthermore, early findings of the Part obligations. • Research reflecting the principles of H Early Intervention Program for infants • Identify and demonstrate strategies participatory action. and toddlers show no significant and mechanisms which support and • Development of the capacity to number of young children receiving expand training opportunities across communicate and disseminate these services within child care or other systems. Strategies should illustrate information and technical assistance natural environments outside the home. how resources and expertise can be through e-mail and other effective, Access to quality child care services shared, as well as establishing affordable, and accessible forms of for children with disabilities was opportunities for technical assistance electronic communication. significantly strengthened and is and ongoing mentorship including • Cultural competency. protected by the passage of the mentorship by parents of children with • A description of how individuals Americans with Disabilities Act (ADA) disabilities, parents with disabilities, with disabilities and their families will in July 1992. The ADA explicitly and other individuals with disabilities. be involved in all aspects of the design, prohibits discrimination of children • Develop formal and informal implementation, and evaluation of the with disabilities in public and private linkages to increase the knowledge, project. child care settings. The ADA opens awareness, and access to resources and • Attention to unserved and many doors and provides the legal services among families, child care inadequately served individuals, having protections to assure access to children providers, early childhood educators, a range of disabilities from mild to with disabilities, but this prohibition of disability service providers, and others severe, from multicultural backgrounds, discrimination, in and of itself, is who work with children with rural and inner-city areas, and migrant, limited in its ability to increase the disabilities and their families. homeless, and refugee families. capacity of child care programs to • Identify and document replicable • Compliance with the Americans successfully include children with programs and projects which promote with Disabilities Act and section 504 of disabilities. Even when providers supported inclusion, that is, service the Rehabilitation Act of 1973 as understand their obligations under the coordination for individualizing amended by the Rehabilitation Act ADA, they continue to need ongoing inclusion of children with disabilities amendments of 1992 (Pub.L. 102–569). access to training, technical assistance, into generic child care programs. • Collaboration through partnerships mentorship, and consultation to • Produce cost effective models to and coalitions. implement meaningful and inclusionary combine sources of funds or other • A community-based approach. policies and programs. strategies that will facilitate parents • Responsiveness through systems Furthermore, the linkages between accessing child care settings of their change. • childhood disability and poverty have choice. Identification of barriers and long gone unnoticed and unaddressed. Projects may expand their focus to strategies for overcoming barriers. Nearly 8 percent of children on AFDC children older than 5 if the primary • Outcome orientation. • have disabilities. Without intervention focus is on children birth to 5. Projects Measurement and ongoing and support, children in poverty are may address the needs of siblings of evaluation, including the participation also at risk for disability. Often children with disabilities as a family of individuals with disabilities in overlooked by the child care system are support if the primary focus is on formulation and implementation. • children from homeless shelters. There children with disabilities from birth to Development and establishment of are indications that many of these 5. practices and programs beyond project children exhibit higher levels of ADD is interested in funding projects period. • developmental problems. There is also a reflecting these values in culturally Dissemination of models, products, need for training in the implications of competent, inclusive, family-centered best practices, and strategies for fetal alcohol syndrome, failure to thrive, and measurably outcome-oriented distribution between the networks and lead poisoning, abusive head trauma, approaches that can establish ongoing beyond. A plan describing initial shaken baby syndrome, pediatric AIDS, relationships. activities is needed between funded and learning delay related to hearing In addition, ADD is interested in joint projects as well as at the end of the loss from viral infection and congestion. efforts of projects such as the project period. These activities should • Minimum Requirements for Project Americorps program of the Corporation maintain and share ongoing Design: ADD is particularly interested in for National and Community Service information, existing resources of local and Statewide projects that and the Job Opportunities Basic Skills consultants/experts, and curriculum/ promote a seamless interagency (JOBS) program, whereby young people materials with funded projects and approach to better serve children with with disabilities may participate in jobs within the network. • disabilities, especially those children and community service as personal Project Duration: This with disabilities who live in poverty. To assistants and inclusion aides. announcement is soliciting applications develop child care services which are As a general guide, ADD will expect for project periods up to three years responsive to the needs of young to fund only those applications for under this priority area. Awards, on a children with disabilities and their projects that incorporate the following competitive basis, will be for a one-year families, the protections of the ADA elements: budget period, although project periods must be joined with best practices in the • Consumer/self-advocate orientation may be for three years. Applications for field of early childhood education, early and participation. continuation grants funded under this intervention, and family support • Key project personnel with direct priority area beyond the one-year budget services. life, parental, or familial experience period, but within the three-year project The following are types of activities with living with a disability. period, will be entertained in projects may wish to engage in: • Strong advisory components that subsequent years on a non-competitive • Develop and implement a training consist of 51% individuals with basis, subject to the availability of program to meet the needs of the child disabilities and a structure where funds, satisfactory progress of the Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32059 grantee, and determination that obtaining appropriate tools to identify developmental disabilities network as a continued funding would be in the best areas of need and to develop action whole to acquire and achieve interest of the Government. strategies that will address not only appropriate knowledge, skills, and • Federal Share of Project Costs: The current needs but have as a goal competencies for serving a culturally maximum Federal share is not to exceed institutionalizing cultural competency diverse constituency. $100,000 for the first 12-month budget in every aspect of these programs. In • Develop State-level coalitions period or a maximum of $300,000 for a some instances, assistance in cultural between Developmental Disabilities three-year project period. competence should be implemented at Councils, Protection and Advocacy • Matching Requirement: Grantees the community or policy/advocacy level Systems, University Affiliated Programs, must provide at least 25 percent of the whereas other programs will need and Historically Black Colleges and total approved cost of the project. The assistance at a more basic internal/ Universities (HBCUs) and other total approved cost of the project is the programmatic level. At the State level, institutions of higher education with sum of the ACF share and the non- building linkages or connections among high minority and/or bilingual student Federal share. The non-Federal share and between the Developmental enrollment, major civil rights may be met by cash or in-kind Disabilities Councils, P&As, and UAPs organizations, cultural/ethnic contributions, although applicants are with cultural/ethnic organizations that associations, and developmental encouraged to meet their match are representative of community disability-advocacy organizations. requirements through cash demographics will be essential as these • Develop an equity service plan to contributions. Therefore, a project components of the developmental bring the unserved and inadequately requesting $100,000 in Federal funds disabilities network develop and served individuals from culturally (based on an award of $100,000 per implement action strategies. Within and diverse backgrounds up to greater parity budget period) must include a match of outside the developmental disabilities in the distribution of services. at least $33,333 (25% total project cost). system are existing resources, both • Develop new ways to gain • Anticipated Number of Projects To material and human, that these projects information from and convey Be Funded: It is anticipated that up to should identify and utilize through a information to members of racial/ two (2) projects will be funded. Subject range of individuals having personal ethnic/cultural groups. to availability of additional resources in and/or professional expertise in this • FY 1996 and the number of acceptable Coordinate with national area. developmental disabilities associations applications received as a result of this • Background Information: The and ethnic and cultural organizations to program announcement, the ADD reality of an American society in which develop and evaluate a replication Commissioner may elect to select racial and ethnic cultural minorities are package that has as its characteristics recipients for the FY 1996 cohort of increasing in numbers and influence is that it is user-friendly, relevant to the programs out of the pool of applications becoming more evident each day. There functions of the program components, submitted for FY 1995 funds. are an estimated four million American and addresses various levels of cultural • CFDA: ADD’s CFDA (Code of children and adults with developmental competency. As part of the evaluation it Federal Domestic Assistance) number is disabilities, including a should be tested in another state. 93.631—Developmental Disabilities— disproportionate number who are • Projects of National Significance. This members of racial and ethnic minority Produce a comprehensive information is needed to complete item groups. Many of these individuals and dissemination package of best practices, 10 on the SF 424. families from culturally diverse materials, and strategies for distribution backgrounds remain outside of the between the networks and beyond. A Fiscal Year 1995 Priority Area 5: plan for dissemination describing initial Building a Multi-Cultural Network various disability systems designed for their benefit; they are unable to gain activities needs to take place between Within the Developmental Disabilities access to the service systems, let alone funded projects as well as at the end of System Which Increases Service Equity, fully participate in or benefit from them. the project period. Opportunities, and Inclusion for • Successful individuals of color with Coordinate with national Individuals From Racial and Ethnic disabilities are often not encouraged or developmental disabilities associations Minority Groups identified to serve as role models for and ethnic and cultural organizations to • Eligible Applicants: Consortium of a other individuals having disabilities. In maintain and share ongoing State Developmental Disabilities large part, the developmental information, existing resources of Council, University Affiliated Programs, disabilities network does not reflect this consultants/experts, and curriculum/ the Protection and Advocacy Program, new multicultural reality—not among materials with funded projects and national developmental disabilities faculty, planners, staffs, trainees, or within the network. • associations, and other multicultural advocates. Delineate an outreach plan which institutions and organizations. • Minimum Requirements for Project has as its focus the sharing of project • Purpose: ADD is proposing to fund Design: The program components of outcomes and training strategies to the model demonstration projects that will ADD (UAPs, DD Councils, and P&As) representative associations of the enable State developmental disabilities have recognized the need to make their program components, at an ADD networks in partnership with advocacy programs culturally competent. Each are national function, to other organizations groups and self-advocates to gain and making efforts to address this need. If within the developmental disabilities/ maintain the knowledge, skills, and any major, long-term progress is to be advocacy network and the disability competencies necessary to serve and made a concerted, comprehensive field, as well as major civil rights empower a culturally diverse initiative must occur. organizations, other minority constituency. These projects should For applications to successfully organizations, and institutions of higher assist the components of the State compete under this priority they must education such as HBCUs with the goal developmental disabilities networks include the following: of leading to further collaboration and (Developmental Disabilities Councils, • Provide an overview of a range of partnership at the State level in the Protection and Advocacy Agencies, and approaches for assisting the program continued development of cultural University Affiliated Programs) in components and the State competency. Outreach activities can 32060 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices occur at the national, regional, and/or affordable, and accessible forms of applications received as a result of this State level. electronic communication. program announcement, the ADD • Provide an action plan for the • A community-based approach. Commissioner may elect to select professional recruitment and retention • Responsiveness through systems recipients for the FY 1996 cohort of of individuals who are from culturally change. programs out of the pool of applications diverse backgrounds with disabilities • Identification of barriers and submitted for FY 1995 funds. into all aspects of the three components strategies for overcoming barriers. • CFDA: ADD’s CFDA (Code of • of the Developmental Disabilities Outcome orientation. Federal Domestic Assistance) number is • network, especially in research, Measurement and ongoing 93.631—Developmental Disabilities— training, policy, and administration, and evaluation, including the participation Projects of National Significance. This for diverse volunteers to serve as of individuals with disabilities in information is needed to complete item formulation and implementation. 10 on the SF 424. advisors to boards and advocacy • organizations. Development and establishment of • practices and programs beyond project Fiscal Year 1995 Priority Area 6: Describe measurable outcomes with Meeting the Mental Health Needs of regard to program components period. • Dissemination of models, products, Individuals With Developmental becoming more representative of Disabilities community demographics in their staff, best practices, and strategies for • board members, advisory committees, distribution between the networks and Eligible Applicants: State agencies, constituency; or establish memoranda of beyond. A plan describing initial public or private nonprofit activities is needed between funded organizations, institutions or agencies. understanding with the various entities • representing racial/ethnic projects as well as at the end of the Purpose: For this priority area, ADD constituencies to implement strategies project period. These activities should will award demonstration grant funds reflective of the project’s outcomes. maintain and share ongoing on addressing the mental health needs • Describe an evaluation component information, existing resources of of individuals with developmental which will measure the project’s consultants/experts, and curriculum/ disabilities. ADD intends to target effectiveness in achieving stated materials with funded projects and individuals, specifically focusing on within the network. young adults who are transitioning out objectives, ensuring that larger numbers • of individuals from racial/ethnic/ Project Duration: This of the MR/DD system and into the cultural groups are served. announcement is soliciting applications community with a dual diagnosis of As a general guide, ADD will expect for project periods up to three years developmental disability and mental to fund only those applications for under this priority area. Awards, on a illness, and individuals and families of projects that incorporate the following competitive basis, will be for a one-year individuals who live in the community budget period, although project periods and who might be on waiting lists. elements: • • Consumer/self-advocate orientation may be for three years. Applications for Background Information: Meeting and participation. continuation grants funded under this the mental health needs of individuals • Key project personnel with direct priority area beyond the one-year budget with developmental disabilities is a life, parental, or familial experience period, but within the three-year project ‘‘quality of life’’ goal, but often with living with a disability. period, will be entertained in community service personnel have • Strong advisory components that subsequent years on a non-competitive neither the skills nor the desire to consist of 51% individuals with basis, subject to the availability of effectively treat individuals with disabilities and a structure where funds, satisfactory progress of the developmental disabilities who have individuals with disabilities make real grantee, and determination that mental health needs. In addition, these decisions that determine the outcome of continued funding would be in the best consumers are often caught between two the grant. interest of the Government. service delivery systems (mental health • Research reflecting the principles of • Federal Share of Project Costs: The and developmental disabilities) where participatory action. maximum Federal share is not to exceed the type and continuity of resources • Cultural competency. $100,000 for the first 12-month budget required for effective treatment and • A description of how individuals period or a maximum of $300,000 for a improved life quality are inefficient, with disabilities and their families will three-year project period. ineffective, or non-existent. Improving be involved in all aspects of the design, • Matching Requirement: Grantees the adequacy and availability of such implementation, and evaluation of the must provide at least 25 percent of the resources will depend on better training project. total approved cost of the project. The for both specialized and generic service • Attention to unserved and total approved cost of the project is the providers. inadequately served individuals, having sum of the ACF share and the non- The challenge of the 1990s is to a range of disabilities from mild to Federal share. The non-Federal share provide for a coordinated, collaborative severe, from multicultural backgrounds, may be met by cash or in-kind human service delivery system that will rural and inner-city areas, and migrant, contributions, although applicants are enable individuals with developmental homeless, and refugee families. encouraged to meet their match disabilities to receive services in an • Compliance with the Americans requirements through cash expeditious and coordinated manner. with Disabilities Act and section 504 of contributions. Therefore, a project The creation of such a system will allow the Rehabilitation Act of 1973 as requesting $100,000 in Federal funds for full community integration and amended by the Rehabilitation Act (based on an award of $100,000 per inclusion of individuals who also need amendments of 1992 (Pub. L. 102–569). budget period) must include a match of mental health services. • Collaboration through partnerships at least $33,333 (25% total project cost). • Minimum Requirements for Project and coalitions. • Anticipated Number of Projects to Design: ADD is interested in projects • Development of the capacity to be Funded: It is anticipated that up to which demonstrate the potential for communicate and disseminate three (3) projects will be funded. Subject creative and humanizing approaches to information and technical assistance to availability of additional resources in designing, implementing, and through e-mail and other effective, FY 1996 and the number of acceptable evaluating projects which assist Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32061 community agencies in coordinating As a general guide, ADD will expect for project periods up to three years efforts in the mental health and to fund only those applications for under this priority area. Awards, on a developmental disabilities service projects that incorporate the following competitive basis, will be for a one-year systems; educate self-advocates, family elements: budget period, although project periods members, advocates, individuals with • Consumer/self-advocate orientation may be for three years. Applications for developmental disabilities, and service and participation. continuation grants funded under this providers on state-of-the-art practices in • Key project personnel with direct priority area beyond the one-year budget the field of mental illness and life, parental, or familial experience period, but within the three-year project developmental disabilities; and develop with living with a disability. period, will be entertained in and disseminate methods for working • Strong advisory components that subsequent years on a non-competitive with the mental health and consist of 51% individuals with basis, subject to the availability of developmental disabilities networks to disabilities and a structure where funds, satisfactory progress of the promote full inclusion and membership individuals with disabilities make real grantee, and determination that in the community. decisions that determine the outcome of continued funding would be in the best In order to successfully compete the grant. interest of the Government. under this priority area, the application • Research reflecting the principles of • Federal Share of Project Costs: The must include activities which would: participatory action. maximum Federal share is not to exceed • Develop a model and train a team • Cultural competency. $100,000 for the first 12-month budget consisting of professionals/ • A description of how individuals period or a maximum of $300,000 for a paraprofessionals, families, advocates, with disabilities and their families will three-year project period. and self-advocates to help bridge the be involved in all aspects of the design, • Matching Requirement: Grantees gap between systems. implementation, and evaluation of the must provide at least 25 percent of the • Develop and disseminate a project. total approved cost of the project. The handbook of consensus opinion on • Attention to unserved and total approved cost of the project is the psychopharmacology. The Handbook inadequately served individuals, having sum of the ACF share and the non- will indicate the opinions of a large a range of disabilities from mild to Federal share. The non-Federal share panel of consumers, scientists, and severe, from multicultural backgrounds, may be met by cash or in-kind practitioners regarding what drugs rural and inner-city areas, and migrant, contributions, although applicants are should be used for what conditions, homeless, and refugee families. encouraged to meet their match what best practices should be followed, • Compliance with the Americans requirements through cash and how consumers can provide with Disabilities Act and section 504 of contributions. Therefore, a project effective oversight. the Rehabilitation Act of 1973 as requesting $100,000 in Federal funds • Develop strategies to disseminate amended by the Rehabilitation Act (based on an award of $100,000 per the Handbook to consumers, Protection amendments of 1992 (Pub. L. 102–569). budget period) must include a match of and Advocacy agencies, oversight • Collaboration through partnerships at least $33,333 (25% total project cost). committees, and professionals/ and coalitions. • Anticipated Number of Projects to paraprofessionals. • Development of the capacity to be Funded: It is anticipated that up to • Train people who work in communicate and disseminate one (1) project will be funded. Subject Protection and Advocacy in issues information and technical assistance to availability of additional resources in related to Mental Retardation/Mental through e-mail and other effective, FY 1996 and the number of acceptable Health. affordable, and accessible forms of applications received as a result of this • Disseminate anger management electronic communication. program announcement, the ADD training that has been developed for • A community-based approach. Commissioner may elect to select people with mental retardation on a • Responsiveness through systems recipients for the FY 1996 cohort of broad national level. change. programs out of the pool of applications • Develop consumer outcome • Identification of barriers and submitted for FY 1995 funds. measures to evaluate the impact of strategies for overcoming barriers. • CFDA: ADD’s CFDA (Code of programs. These measures should • Outcome orientation. Federal Domestic Assistance) number is address the following questions: (1) Are • Measurement and ongoing 93.631—Developmental Disabilities— hospitalizations reduced? (2) Do evaluation, including the participation Projects of National Significance. This coordinated services enable individuals of individuals with disabilities in information is needed to complete item with developmental disabilities to formulation and implementation. 10 on the SF 424. remain in the community? (3) What is • Development and establishment of the feasibility of replication in other practices and programs beyond project Proposed Fiscal Year 1995 Priority Area States? (4) What are the barriers in period. 7: Children at Risk: The Impact of providing coordinated services? and (5) • Dissemination of models, products, Abuse and Violence on Children With What is the efficacy of a single point of best practices, and strategies for Disabilities entry? distribution between the networks and • Eligible Applicants: A State agency • Provide evidence of the applicant’s beyond. A plan describing initial to act as the lead agency in the State for ability to establish an advisory activities is needed between funded the grant project. committee comprised of individuals projects as well as at the end of the • Purpose: ADD is interested in with developmental disabilities and project period. These activities should funding one or more State families to address what their maintain and share ongoing demonstration projects for development expectations are from mental health and information, existing resources of and implementation of a Statewide developmental disabilities services. consultants/experts, and curriculum/ collaboration/coordination strategy to • Provide a signed letter of agreement materials with funded projects and reduce the incidence of abuse and between the State mental health system within the network. neglect of children with disabilities and and the State developmental disabilities • Project Duration: This reduce the incidence of abuse and system of the selected project. announcement is soliciting applications neglect of children which causes or 32062 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices contributes to the development of and the field of disability, decentralization of service delivery and disabilities. simultaneously, which is designed for empowerment of community-based • Background Information: Children State and local agency personnel and efforts. with disabilities have been found to be other providers concerning the risk, As a general guide, ADD will expect abused at two to ten times the rate of investigation, reporting, assessment, to fund only those proposals for projects children without disabilities. Most intervention, and follow-up of cases of that incorporate the following elements: perpetrators of the abuse are well maltreatment involving children with • Consumer/self-advocate orientation known to the victim. Some of them are disabilities and those at risk, including and participation. service providers, but most are family training on how to work collaboratively • Key project personnel with direct members. Maltreatment can include on an ongoing basis to prevent and life, parental, or familial experience physical, sexual, and emotional abuse reduce the incidence of abuse of with living with a disability. • and physical, educational, and children with disabilities and the Strong advisory components that emotional neglect. development of disabilities caused by consist of 51% individuals with In addition, a significant percentage of abuse. disabilities and a structure where developmental disabilities are caused by • Design for formation of individuals with disabilities make real abuse. Victims of child neglect sustain interdisciplinary teams which include decisions that determine the outcome of such permanent disabilities as mental disability specialists to assess and treat the grant. • retardation and learning and cognitive cases of abuse and neglect involving Research reflecting the principles of disabilities. Abusive Head Trauma is a children with disabilities, including (1) participatory action. • Cultural competency. significant cause of disability in abused consideration of the nature of the child’s • children and non-organic failure to disability (e.g., osteogenesis imperfecta, A description of how individuals thrive typically results from abuse or self-injury) and (2) awareness of such with disabilities and their families will neglect. Over half the fatalities related to disabilities as Abusive Head Trauma, be involved in all aspects of the design, child abuse occur from 0 to 1 year and including Shaken Baby Syndrome, and implementation, and evaluation of the project. 90 percent of such fatalities occur in non-organic failure to thrive. • children under 5 years of age. • The development of ongoing Attention to unserved and Clearly, there is an epidemic of abuse interagency agreements to facilitate inadequately served individuals, having and neglect of children—3 million coordination and collaboration of all a range of disabilities from mild to reported cases in 1993. Public relevant agencies/programs concerned severe, from multicultural backgrounds, awareness as well as governmental and with maltreatment cases involving rural and inner-city areas, migrant, professional intervention are urgently children with disabilities and those homeless, and refugee families, with needed. children at risk of disability, including severe disabilities. • Compliance with the Americans • Minimum Requirements for the emphasizing the importance of sharing with Disabilities Act and section 504 of Project Design: The project should data on abuse cases among agencies the Rehabilitation Act of 1973 as involve developing a comprehensive involved. Statewide strategy with a multi-agency, • A plan for providing amended by the Rehabilitation Act multi-system approach to address the comprehensive community-based amendments of 1992 (Pub. L. 102–569). • Collaboration through partnerships problem of maltreatment of children services for the treatment of abuse and with disabilities as well as abuse which and coalitions. neglect involving children with • Development of the capacity to leads to disabilities. This coordination disabilities or children at risk of communicate and disseminate and collaboration strategy should disability due to abuse. • information and technical assistance involve all pertinent State agencies/ A design for prevention activities to through e-mail and other effective, programs, including Child Welfare reduce incidence of maltreatment cases affordable, and accessible forms of Services, Education, the Developmental involving children with disabilities or electronic communication. Disabilities Protection and Advocacy children at risk of disability, including • A community-based approach. Agency, Developmental Disabilities family support programs, child abuse • Responsiveness through systems Council, Child Care, any State Head and neglect training for families of change. Start Coordinator, Health (including children with disabilities, and training • Identification of barriers and mental health and substance abuse, for children which includes appropriate strategies for overcoming barriers. maternal and child health), Human training for those with disabilities. • Outcome orientation. Services/Welfare (AFDC, Medicaid, • Mechanisms to promote • Measurement and ongoing etc.), Mental Retardation, the criminal implementation of this same multi- evaluation, including the participation justice system, and any other pertinent agency/multi-system approach in local of individuals with disabilities in entities such as a Children’s Trust Fund. communities in the State. A State may formulation and implementation. The project should also involve choose to implement its project in • Development and establishment of appropriate State Councils and planning several selected communities or try practices and programs beyond project entities including those for Family different approaches in different period. Preservation and Support, State communities, before implementing its • Dissemination of models, products, Interagency Coordinating Council for strategy Statewide. best practices, and strategies for Part H, IDEA, and other public and Applications for funding for distribution between the networks and private programs/resources including Statewide demonstration projects and beyond. A plan describing initial the Developmental Disabilities models of prevention and intervention activities is needed between funded University Affiliated Program in the should include an inventory of projects as well as at the end of the State and consumer agencies. resources and best practices, plans for project period. These activities should The strategy should include the replication and dissemination, and maintain and share ongoing following components: methods for the evaluation of outcomes. information, existing resources of • The development of a plan to They should reflect cultural competency consultants/experts, and curriculum/ conduct interdisciplinary training in and an understanding of legal issues as materials with funded projects and both the field of child abuse and neglect well as the political realities of within the network. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32063 • Project Duration: This Part V. Instructions for the allow for a complete SPOC comment announcement is soliciting applications Development and Submission of period. Therefore, we have reduced the for project periods up to three years Applications comment period to 45 days from the under this priority area. Awards, on a This Part contains information and closing date for applications. These competitive basis, will be for a one-year instructions for submitting applications comments are reviewed as part of the budget period, although project periods in response to this announcement. award process. Failure to notify the may be for three years. Applications for Application forms are provided along SPOC can result in delays in awarding continuation grants funded under this with a checklist for assembling an grants. priority area beyond the one-year budget application package. Please copy and SPOCs are encouraged to eliminate period, but within the three-year project use these forms in submitting an the submission of routine endorsements period, will be entertained in application. as official recommendations. subsequent years on a non-competitive Potential applicants should read this Additionally, SPOCs are requested to basis, subject to the availability of section carefully in conjunction with clearly differentiate between mere funds, satisfactory progress of the the information contained within the advisory comments and those official grantee, and determination that specific priority area under which the State process recommendations which continued funding would be in the best application is to be submitted. The may trigger the ‘‘accommodate or interest of the Government. priority area descriptions are in Part IV. explain’’ rule. When comments are submitted • Federal Share of Project Costs: The A. Required Notification of the State directly to ACF, they should be maximum Federal share is not to exceed Single Point of Contact addressed to: Department of Health and $100,000 for the first 12-month budget All applications under the ADD Human Services, Administration for period or a maximum of $300,000 for a priority areas are required to follow the Children and Families, Division of three-year project period. Executive Order (E.O.) 12372 process, Discretionary Grants, Sixth Floor, 370 • Matching Requirement: Grantees ‘‘Intergovernmental Review of Federal L’Enfant Promenade, SW, Washington, must provide at least 25 percent of the Programs,’’ and 45 CFR part 100, DC 20447, Attn: 93.631 ADD—Projects total approved cost of the project. The ‘‘Intergovernmental Review of of National Significance. total approved cost of the project is the Department of Health and Human Contact information for each State’s sum of the ACF share and the non- Services Program and Activities.’’ Under SPOC is found at the end of this Part. Federal share. The non-Federal share the Order, States may design their own B. Notification of State Developmental may be met by cash or in-kind processes for reviewing and Disabilities Planning Councils contributions, although applicants are commenting on proposed Federal encouraged to meet their match assistance under covered programs. A copy of the application must also be requirements through cash All States and territories, except submitted for review and comment to contributions. Therefore, a project Alabama, Alaska, Colorado, the State Developmental Disabilities requesting $100,000 in Federal funds Connecticut, Hawaii, Idaho, Kansas, Council in each State in which the applicant’s project will be conducted. A (based on an award of $100,000 per Louisiana, Minnesota, Montana, list of the State Developmental budget period) must include a match of Nebraska, Oklahoma, Oregon, Disabilities Councils is included at the at least $33,333 (25% total project cost). Pennsylvania, South Dakota, Virginia, Washington, American Samoa and end of this announcement. • Anticipated Number of Projects To Palau, have elected to participate in the Be Funded: It is anticipated that up to C. Deadline for Submittal of Executive Order process and have Applications one (1) project will be funded. Subject established a State Single Point of to availability of additional resources in Contact (SPOC). Applicants from these One signed original and two copies of FY 1996 and the number of acceptable 19 jurisdictions need take no action the application must be submitted on or applications received as a result of this regarding E.O. 12372. Applications for before August 3, 1995 to: Department of program announcement, the ADD projects to be administered by Health and Human Services, Commissioner may elect to select Federally-recognized Indian Tribes are Administration for Children and recipients for the FY 1996 cohort of also exempt from the requirements of Families, Division of Discretionary programs out of the pool of applications E.O. 12372. Otherwise, applicants Grants, 370 L’Enfant Promenade, SW, submitted for FY 1995 funds. should contact their SPOCs as soon as 6th Floor, Washington, DC 20447, Attn: 93.631 ADD—Projects of National • CFDA: ADD’s CFDA (Code of possible to alert them of the prospective Significance. Federal Domestic Assistance) number is applications and receive any necessary Applications may be mailed or hand- 93.631—Developmental Disabilities— instructions. Applicants must submit all required delivered. Hand-delivered applications Projects of National Significance. This materials to the SPOC as soon as are accepted during the normal working information is needed to complete item possible so that the program office can hours of 8 a.m. to 4:30 p.m., Monday 10 on the SF 424. obtain and review SPOC comments as through Friday. Applications shall be Proposed Fiscal Year 1995 Priority Area part of the award process. It is considered as meeting an announced 8: Technical Assistance Projects imperative that the applicant submit all deadline if received by the deadline required materials and indicate the date date at the ACF Grants Office (Close of For this priority area, ADD will be of this submittal (or date SPOC was Business: 4:30 p.m., local prevailing awarding funds separately using the contacted, if no submittal is required) time). procurement process to provide on the SF 424, item 16a. Late applications: Applications which technical assistance to improve the Under 45 CFR 100.8(a)(2), a SPOC has do not meet the criterion stated above functions of the Developmental 60 days from the application due date are considered late applications. ACF/ Disabilities Planning Councils, to comment on proposed new or ADD shall notify each late applicant Protection and Advocacy Systems, and competing continuation awards. that its application will not be University Affiliated Programs. However, there is insufficient time to considered in the current competition. 32064 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices Extension of deadlines: ACF may address to which all correspondence Item 15a. Enter the amount of Federal extend the deadline for all applicants will be sent. Do not include both street funds requested in accordance with the due to acts of God, such as floods, address and P.O. box number unless preceding paragraph. This amount hurricanes, or earthquakes; or when both must be used in mailing. should be no greater than the maximum there is a widespread disruption of the ‘‘Name and telephone number of the amount specified in the priority area mails. However, if the granting agency person to be contacted on matters description. does not extend the deadline for all involving this application (give area Items 15 b–e. Enter the amount(s) of applicants, it may not waive or extend code)’’—Enter the full name (including funds from non-Federal sources that the deadline for any applicants. academic degree, if applicable) and will be contributed to the proposed telephone number of a person who can project. Items b–e are considered cost- D. Instructions for Preparing the respond to questions about the sharing or ‘‘matching funds.’’ The value Application and Completing application. This person should be of third party in-kind contributions Application Forms accessible at the address given here and should be included on appropriate lines The SF 424, SF 424A, SF 424A, Page will receive all correspondence as applicable. For more information 2 and Certifications have been reprinted regarding the application. regarding funding as well as exceptions for your convenience in preparing the Item 6. ‘‘Employer Identification to these rules, see Part III, Sections E application. You should reproduce Number (EIN)’’—Enter the employer and F, and the specific priority area single-sided copies of these forms from identification number of the applicant description. the reprinted forms in the organization, as assigned by the Internal Item 15f. Enter the estimated amount announcement, typing your information Revenue Service, including, if known, of program income, if any, expected to onto the copies. Please do not use forms the Central Registry System suffix. be generated from the proposed project. directly from the Federal Register Item 7. ‘‘Type of Applicant’’—Self- Do not add or subtract this amount from announcement, as they are printed on explanatory. the total project amount entered under both sides of the page. Item 8. ‘‘Type of Application’’— item 15g. Describe the nature, source Please prepare your application in Preprinted on the form. and anticipated use of this program accordance with the following Item 9. ‘‘Name of Federal Agency’’— income in the Project Narrative instructions: Preprinted on the form. Statement. Item 10. ‘‘Catalog of Federal Domestic Item 15g. Enter the sum of items 15a– 1. SF 424 Page 1, Application Cover Assistance Number and Title’’—Enter 15e. Sheet the Catalog of Federal Domestic Item 16a. ‘‘Is Application Subject to Please read the following instructions Assistance (CFDA) number assigned to Review By State Executive Order 12372 before completing the application cover the program under which assistance is Process? Yes.’’—Enter the date the sheet. An explanation of each item is requested and its title. For all of ADD’s applicant contacted the SPOC regarding included. Complete only the items priority areas, the following should be this application. Select the appropriate specified. entered, ‘‘93.631—Developmental SPOC from the listing provided at the Top of Page. Enter the single priority Disabilities: Projects of National end of Part IV. The review of the area number under which the Significance.’’ application is at the discretion of the application is being submitted. An Item 11. ‘‘Descriptive Title of SPOC. The SPOC will verify the date application should be submitted under Applicant’s Project’’—Enter the project noted on the application. only one priority area. title. The title is generally short and is Item 1. ‘‘Type of Submission’’— descriptive of the project, not the Item 16b. ‘‘Is Application Subject to Preprinted on the form. priority area title. Review By State Executive Order 12372 Item 2. ‘‘Date Submitted’’ and Item 12. ‘‘Areas Affected by Process? No.’’—Check the appropriate ‘‘Applicant Identifier’’—Date Project’’—Enter the governmental unit box if the application is not covered by application is submitted to ACF and where significant and meaningful E.O. 12372 or if the program has not applicant’s own internal control impact could be observed. List only the been selected by the State for review. number, if applicable. largest unit or units affected, such as Item 17. ‘‘Is the Applicant Delinquent Item 3. ‘‘Date Received By State’’— State, county, or city. If an entire unit on any Federal Debt?’’—Check the State use only (if applicable). is affected, list it rather than subunits. appropriate box. This question applies Item 4. ‘‘Date Received by Federal Item 13. ‘‘Proposed Project’’—Enter to the applicant organization, not the Agency’’—Leave blank. the desired start date for the project and person who signs as the authorized Item 5. ‘‘Applicant Information’’. projected completion date. representative. Categories of debt ‘‘Legal Name’’—Enter the legal name Item 14. ‘‘Congressional District of include audit disallowances, loans and of applicant organization. For Applicant/Project’’—Enter the number taxes. applications developed jointly, enter the of the Congressional district where the Item 18. ‘‘To the best of my name of the lead organization only. applicant’s principal office is located knowledge and belief, all data in this There must be a single applicant for and the number of the Congressional application/preapplication are true and each application. district(s) where the project will be correct. The document has been duly ‘‘Organizational Unit’’—Enter the located. If Statewide, a multi-State authorized by the governing body of the name of the primary unit within the effort, or nationwide, enter ‘‘00.’’ applicant and the applicant will comply applicant organization which will Items 15. Estimated Funding Levels. with the attached assurances if the actually carry out the project activity. In completing 15a through 15f, the assistance is awarded.’’—To be signed Do not use the name of an individual as dollar amounts entered should reflect, by the authorized representative of the the applicant. If this is the same as the for a 17-month or less project period, applicant. A copy of the governing applicant organization, leave the the total amount requested. If the body’s authorization for signature of this organizational unit blank. proposed project period exceeds 17 application by this individual as the ‘‘Address’’—Enter the complete months, enter only those dollar amounts official representative must be on file in address that the organization actually needed for the first 12 months of the the applicant’s office, and may be uses to receive mail, since this is the proposed project. requested from the applicant. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32065 Item 18 a–c. ‘‘Typed Name of known. Specify by title or name the contracts, and the estimated dollar Authorized Representative, Title, percentage of time allocated to the amounts of the awards as part of the Telephone Number’’—Enter the name, project, the individual annual salaries, budget justification. Whenever the title and telephone number of the and the cost to the project (both Federal applicant/grantee intends to delegate authorized representative of the and non-Federal) of the organization’s part or all of the program to another applicant organization. staff who will be working on the project. agency, the applicant/grantee must Item 18d. ‘‘Signature of Authorized Fringe Benefits—Line 6b. Enter the complete this section (Section B, Budget Representative’’—Signature of the total costs of fringe benefits, unless Categories) for each delegate agency by authorized representative named in Item treated as part of an approved indirect agency title, along with the supporting 18a. At least one copy of the application cost rate. information. The total cost of all such must have an original signature. Use Justification: Provide a break-down of agencies will be part of the amount colored ink (not black) so that the amounts and percentages that comprise shown on Line 6f. Provide backup original signature is easily identified. fringe benefit costs, such as health documentation identifying the name of Item 18e. ‘‘Date Signed’’—Enter the insurance, FICA, retirement insurance, contractor, purpose of contract, and date the application was signed by the etc. major cost elements. authorized representative. Travel—6c. Enter total costs of out-of- Construction—Line 6g. Not town travel (travel requiring per diem) applicable. New construction is not 2. SF 424A—Budget Information—Non- for staff of the project. Do not enter costs allowable. Construction Programs for consultant’s travel or local Other—Line 6h. Enter the total of all This is a form used by many Federal transportation, which should be other costs. Where applicable, such agencies. For this application, Sections included on Line 6h, ‘‘Other.’’ costs may include, but are not limited A, B, C, E and F are to be completed. Justification: Include the name(s) of to: Insurance; medical and dental costs; Section D does not need to be traveler(s), total number of trips, noncontractual fees and travel paid completed. destinations, length of stay, directly to individual consultants; local Sections A and B should include the transportation costs and subsistence transportation (all travel which does not Federal as well as the non-Federal allowances. require per diem is considered local funding for the proposed project Equipment—Line 6d. Enter the total travel); space and equipment rentals; covering (1) the total project period of costs of all equipment to be acquired by printing and publication; computer use; 17 months or less or (2) the first year the project. For State and local training costs, including tuition and budget period, if the proposed project governments, including Federally stipends; training service costs, period exceeds 15 months. recognized Indian Tribes, ‘‘equipment’’ including wage payments to individuals Section A—Budget Summary. This is tangible, non-expendable personal and supportive service payments; and section includes a summary of the property having a useful life of more staff development costs. Note that costs budget. On line 5, enter total Federal than one year and acquisition cost of identified as ‘‘miscellaneous’’ and costs in column (e) and total non- $5,000 or more per unit. ‘‘honoraria’’ are not allowable. Federal costs, including third party in- Justification: Equipment to be Justification: Specify the costs kind contributions, but not program purchased with Federal funds must be included. income, in column (f). Enter the total of justified. The equipment must be Total Direct Charges—Line 6i. Enter (e) and (f) in column (g). required to conduct the project, and the the total of Lines 6a through 6h. Section B—Budget Categories. This applicant organization or its subgrantees Indirect Charges—6j. Enter the total budget, which includes the Federal as must not have the equipment or a amount of indirect charges (costs). If no well as non-Federal funding for the reasonable facsimile available to the indirect costs are requested, enter proposed project, covers (1) the total project. The justification also must ‘‘none.’’ Generally, this line should be project period of 17 months or less or contain plans for future use or disposal used when the applicant (except local (2) the first-year budget period if the of the equipment after the project ends. governments) has a current indirect cost proposed project period exceeds 17 Supplies—Line 6e. Enter the total rate agreement approved by the months. It should relate to item 15g, costs of all tangible expendable personal Department of Health and Human total funding, on the SF 424. Under property (supplies) other than those Services or another Federal agency. column (5), enter the total requirements included on Line 6d. Local and State governments should for funds (Federal and non-Federal) by Justification: Specify general enter the amount of indirect costs object class category. categories of supplies and their costs. determined in accordance with HHS A separate budget justification should Contractual—Line 6f. Enter the total requirements. When an indirect cost be included to explain fully and justify costs of all contracts, including (1) rate is requested, these costs are major items, as indicated below. The procurement contracts (except those included in the indirect cost pool and types of information to be included in which belong on other lines such as should not be charged again as direct the justification are indicated under equipment, supplies, etc.) and (2) costs to the grant. each category. For multiple year contracts with secondary recipient In the case of training grants to other projects, it is desirable to provide this organizations, including delegate than State or local governments (as information for each year of the project. agencies. Also include any contracts defined in title 45, Code of Federal The budget justification should with organizations for the provision of Regulations, part 74), the Federal immediately follow the second page of technical assistance. Do not include reimbursement of indirect costs will be the SF 424A. payments to individuals on this line. If limited to the lesser of the negotiated (or Personnel—Line 6a. Enter the total the name of the contractor, scope of actual) indirect cost rate or 8 percent of costs of salaries and wages of applicant/ work, and estimated total costs are not the amount allowed for direct costs, grantee staff. Do not include the costs of available or have not been negotiated, exclusive of any equipment charges, consultants, which should be included include on Line 6h, ‘‘Other.’’ rental of space, tuition and fees, post- on line 6h, ‘‘Other.’’ Justification: Attach a list of doctoral training allowances, Justification: Identify the principal contractors, indicating the names of the contractual items, and alterations and investigator or project director, if organizations, the purposes of the renovations. 32066 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices For training grant applications, the a third budget period will be necessary, (c) Approach; and entry under line 6j should be the total enter the Federal funds needed for (d) Staff Background and indirect costs being charged to the months 25 through 36 under ‘‘(c) Organization’s Experience. project. The Federal share of indirect Second.’’ Columns (d) and (e) are not The specific information to be costs is calculated as shown above. The applicable in most instances, since ACF included under each of these headings applicant’s share is calculated as funding is almost always limited to a is described in Section C of Part III, follows: three-year maximum project period. Evaluation Criteria. (a) Calculate total project indirect They should remain blank. The narrative should be typed double- 1 ′′× ′′ costs (a*) by applying the applicant’s Section F—Other Budget Information. spaced on a single-side of an 8 ⁄2 11 ′′ approved indirect cost rate to the total Direct Charges—Line 21. Not plain white paper, with 1 margins on project (Federal and non-Federal) direct applicable. all sides. All pages of the narrative costs. Indirect Charges—Line 22. Enter the (including charts, references/footnotes, (b) Calculate the Federal share of type of indirect rate (provisional, tables, maps, exhibits, etc.) must be indirect costs (b*) at 8 percent of the predetermined, final or fixed) that will sequentially numbered, beginning with amount allowed for total project be in effect during the funding period, ‘‘Objectives and Need for Assistance’’ as (Federal and non-Federal) direct costs the estimated amount of the base to page number one. Applicants should exclusive of any equipment charges, which the rate is applied, and the total not submit reproductions of larger size rental of space, tuition and fees, post- indirect expense. paper, reduced to meet the size doctoral training allowances, Remarks—Line 23. If the total project requirement. contractual items, and alterations and period exceeds 17 months, you must The length of the application, renovations. enter your proposed non-Federal share including the application forms and all (c) Subtract (b*) from (a*). The of the project budget for each of the attachments, should not exceed 60 remainder is what the applicant can remaining years of the project. pages. A page is a single side of an 81⁄2×11′′ sheet of paper. Applicants are claim as part of its matching cost 3. Project Summary Description contribution. requested not to send pamphlets, Justification: Enclose a copy of the Clearly mark this separate page with brochures or other printed material indirect cost rate agreement. Applicants the applicant name as shown in item 5 along with their application as these subject to the limitation on the Federal of the SF 424, the priority area number pose xeroxing difficulties. These reimbursement of indirect costs for as shown at the top of the SF 424, and materials, if submitted, will not be training grants should specify this. the title of the project as shown in item included in the review process if they Total—Line 6k. Enter the total 11 of the SF 424. The summary exceed the 60-page limit. Each page of amounts of lines 6i and 6j. description should not exceed 300 the application will be counted to Program Income—Line 7. Enter the words. These 300 words become part of determine the total length. estimated amount of income, if any, the computer database on each project. 5. Organizational Capability Statement expected to be generated from this Care should be taken to produce a project. Do not add or subtract this summary description which accurately The Organizational Capability amount from the total project amount. and concisely reflects the proposal. It Statement should consist of a brief (two Justification: Describe the nature, should describe the objectives of the to three pages) background description source, and anticipated use of program project, the approaches to be used and of how the applicant organization (or income in the Program Narrative the outcomes expected. The description the unit within the organization that Statement. should also include a list of major will have responsibility for the project) Section C—Non-Federal Resources. products that will result from the is organized, the types and quantity of This section summarizes the amounts of proposed project, such as software services it provides, and/or the research non-Federal resources that will be packages, materials, management and management capabilities it applied to the grant. Enter this procedures, data collection instruments, possesses. This description should information on line 12 entitled ‘‘Totals.’’ training packages, or videos (please note cover capabilities not included in the In-kind contributions are defined in title that audiovisuals should be closed Program Narrative Statement. It may 45 of the Code of Federal Regulations, captioned). The project summary include descriptions of any current or §§ 74.51 and 92.24, as ‘‘property or description, together with the previous relevant experience, or services which benefit a grant-supported information on the SF 424, will describe the competence of the project project or program and which are constitute the project ‘‘abstract.’’ It is the team and its demonstrated ability to contributed by non-Federal third parties major source of information about the produce a final product that is readily without charge to the grantee, the proposed project and is usually the first comprehensible and usable. An subgrantee, or a cost-type contractor part of the application that the organization chart showing the under the grant or subgrant.’’ reviewers read in evaluating the relationship of the project to the current Justification: Describe third party in- application. organization should be included. kind contributions, if included. Section D—Forecasted Cash Needs. 4. Program Narrative Statement 6. Part V—Assurances/Certifications Not applicable. The Program Narrative Statement is a Applicants are required to file an SF Section E—Budget Estimate of Federal very important part of an application. It 424B, Assurances—Non-Construction Funds Needed For Balance of the should be clear, concise, and address Programs and the Certification Project. This section should only be the specific requirements mentioned Regarding Lobbying. Both must be completed if the total project period under the priority area description in signed and returned with the exceeds 17 months. Part IV. The narrative should also application. Applicants must also Totals—Line 20. For projects that will provide information concerning how the provide certifications regarding: (1) have more than one budget period, enter application meets the evaluation Drug-Free Workplace Requirements; and the estimated required Federal funds for criteria, using the following headings: (2) Debarment and Other the second budget period (months 13 (a) Objectives and Need for Assistance; Responsibilities. These two through 24) under column ‘‘(b) First.’’ If (b) Results and Benefits Expected; certifications are self-explanatory. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32067 Copies of these assurances/certifications lllOne original, signed and dated lllAny appendices/attachments; are reprinted at the end of this application, plus two copies. lllAssurances—Non-Construction announcement and should be Applications for different priority Programs (Standard Form 424B, REV reproduced, as necessary. A duly areas are packaged separately; 4–88); authorized representative of the lllApplication is from an lll applicant organization must certify that organization which is eligible under Certification Regarding Lobbying; the applicant is in compliance with the eligibility requirements defined in lllCertification of Protection of these assurances/certifications. A the priority area description Human Subjects, if necessary; and signature on the SF 424 indicates (screening requirement); lllCertification Regarding compliance with the Drug Free lllApplication length does not Environmental Tobacco Smoke Workplace Requirements, and exceed 60 pages, unless otherwise Debarment and Other Responsibilities specified in the priority area F. The Application Package certifications, and need not be mailed description. back with the application. A complete application consists of the Each application package must In addition, applicants are required following items in this order: include an original and two copies of under Section 162(c)(3) of the Act to lllApplication for Federal the complete application. Each copy provide assurances that the human Assistance (SF 424, REV 4–88); should be stapled securely (front and rights of all individuals with lllA completed SPOC certification back if necessary) in the upper left-hand developmental disabilities (especially with the date of SPOC contact entered corner. All pages of the narrative those individuals without familial in line 16, page 1 of the SF 424 if (including charts, tables, maps, exhibits, protection) who will receive services applicable. etc.) must be sequentially numbered, lll under projects assisted under Part E will Budget Information—Non- beginning with page one. In order to be protected consistent with section 110 Construction Programs (SF 424A, REV facilitate handling, please do not use (relating to the rights of individuals 4–88); covers, binders or tabs. Do not include with developmental disabilities). Each lllBudget justification for Section extraneous materials as attachments, application must include a statement B—Budget Categories; providing this assurance. lllTable of Contents; such as agency promotion brochures, For research projects in which human lllLetter from the Internal Revenue slides, tapes, film clips, minutes of subjects may be at risk, a Protection of Service, etc. to prove non-profit meetings, survey instruments or articles Human Subjects Assurance may be status, if necessary; of incorporation. lll required. If there is a question regarding Copy of the applicant’s approved (Federal Catalog of Domestic Assistance the applicability of this assurance, indirect cost rate agreement, if Number 93.631 Developmental Disabilities— contact the Office for Research Risks of appropriate; Projects of National Significance) lllProject summary description and the National Institutes of Health at (301) Dated: June 12, 1995. 496–7041. listing of key words; Program Narrative Statement (See Part III, Bob Williams, E. Checklist for a Complete Application Section C); Commissioner, Administration on The checklist below is for your use to lllOrganizational capability Developmental Disabilities. ensure that your application package statement, including an organization BILLING CODE 4184±01±P has been properly prepared. chart; 32068 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices BILLING CODE 4184±01±C Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32069 Instructions for the SF 424 8. Check appropriate box and enter contributions should be included on This is a standard form used by applicants appropriate letter(s) in the space(s) provided: appropriate lines as applicable. If the action as a required facesheet for preapplications —‘‘New’’ means a new assistance award. will result in a dollar change to an existing and applications submitted for Federal —‘‘Continuation’’ means an extension for award, indicate only the amount of the assistance. It will be used by Federal agencies an additional funding/budget period for a change. For decreases, enclose the amounts project with a projected completion date. to obtain applicant certification that States in parentheses. If both basic and which have established a review and —‘‘Revision’’ means any change in the Federal Government’s financial obligation or supplemental amounts are included, show comment procedure in response to Executive breakdown on an attached sheet. For Order 12372 and have selected the program contingent liability from an existing to be included in their process, have been obligation. multiple program funding, use totals and given an opportunity to review the 9. Name of Federal agency from which show breakdown using same categories as applicant’s submission. assistance is being requested with this item 15. application. Item and Entry: 16. Applicants should contact the State 10. Use the Catalog of Federal Domestic Single Point of Contact (SPOC) for Federal Assistance number and title of the program 1. Self-explanatory. Executive Order 12372 to determine whether 2. Date application submitted to Federal under which assistance is requested. agency (or State if applicable) & applicant’s 11. Enter a brief descriptive title of the the application is subject to the State control number (if applicable). project. If more than one program is intergovernmental review process. 3. State use only (if applicable). involved, you should append an explanation 17. This question applies to the applicant 4. If this application is to continue or on a separate sheet. If appropriate (e.g., organization, not the person who signs as the revise an existing award, enter present construction or real property projects), attach authorized representative. Categories of debt Federal identifier number. If for a new a map showing project location. For include delinquent audit disallowances, project, leave blank. preapplications, use a separate sheet to loans and taxes. 5. Legal name of applicant, name of provide a summary description of this 18. To be signed by the authorized primary organizational unit which will project. representative of the applicant. A copy of the undertake the assistance activity, complete 12. List only the largest political entities address of the applicant, and name and affected (e.g., State, counties, cities). governing body’s authorization for you to telephone number of the person to contact on 13. Self-explanatory. sign this application as official representative matters related to this application. 14. List the applicant’s Congressional must be on file in the applicant’s office. 6. Enter Employer Identification Number District and any District(s) affected by the (Certain Federal agencies may require that (EIN) as assigned by the Internal Revenue program or project. this authorization be submitted as part of the Service. 15. Amount requested or to be contributed application.) 7. Enter the appropriate letter in the space during the first funding/budget period by provided. each contributor. Value of in-kind BILLING CODE 4184±01±P 32070 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32071 BILLING CODE 4184±01±C 32072 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices Instructions for the SF–424A amount(s) in Column (g) should be the sum Section D. Forecasted Cash Needs General Instructions of amounts in Columns (e) and (f). Line 13—Enter the amount of cash needed For supplemental grants and changes to by quarter from the grantor agency during the This form is designed so that applications existing grants, do not use Columns (c) and can be made for funds from one or more grant first year. (d). Enter in Column (e) the amount of the Line 14—Enter the amount of cash from all programs. In preparing the budget, adhere to increase or decrease of Federal funds and any existing Federal grantor agency other sources needed by quarter during the enter in Column (f) the amount of the first year. guidelines which prescribe how and whether increase or decrease of non-Federal funds. In budgeted amounts should be separately Line 15—Enter the totals of amounts on Column (g) enter the new total budgeted Lines 13 and 14. shown for different functions or activities amount (Federal and non-Federal) which within the program. For some programs, includes the total previous authorized Section E. Budget Estimates of Federal Funds grantor agencies may require budgets to be budgeted amounts plus or minus, as Needed for Balance of the Project separately shown by function or activity. For appropriate, the amounts shown in Columns Lines 16–19—Enter in Column (a) the same other programs, grantor agencies may require (e) and (f). The amount(s) in Column (g) grant program titles shown in Column (a), a breakdown by function or activity. Sections should not equal the sum of amounts in Section A. A breakdown by function or A, B, C, and D should include budget Columns (e) and (f). activity is not necessary. For new estimates for the whole project except when Line 5—Show the totals for all columns applications and continuation grant applying for assistance which requires used. applications, enter in the proper columns Federal authorization in annual of other Section B Budget Categories amounts of Federal funds which will be funding period increments. In the latter case, needed to complete the program or project Sections A, B, C, and D should provide the In the column headings (1) through (4), over the succeeding funding periods (usually budget for the first budget period (usually a enter the titles of the same programs, in years). This section need not be completed year) and Section E should present the need functions, and activities shown on Lines 1– for revisions (amendments, changes, or for Federal assistance in the subsequent 4, Column (a), Section A. When additional supplements) to funds for the current year of budget periods. All applications should sheets are prepared for Section A, provide existing grants. contain a breakdown by the object class similar column headings on each sheet. For If more than four lines are needed to list categories shown in Lines a–k of Section B. each program, function or activity, fill in the the program titles, submit additional total requirements for funds (both Federal Section A. Budget Summary schedules as necessary. and non-Federal) by object class categories. Line 20—Enter the total for each of the Lines 6a–i—Show the totals of Lines 6a to Lines 1–4, Columns (a) and (b) Columns (b)–(e). When additional schedules 6h in each column. are prepared for this Section, annotate For applications pertaining to a single Line 6j—Show the amount of indirect cost. accordingly and show the overall totals on Federal grant program (Federal Domestic Line 6k—Enter the total of amounts on this line. Assistance Catalog number) and not requiring Lines 6i and 6j. For all applications for new a functional or activity breakdown, enter on grants and continuation grants the total Section F. Other Budget Information Line 1 under Column (a) the catalog program amount in column (5), Line 6k, should be the Line 21—Use this space to explain title and the catalog number in Column (b). same as the total amount shown in Section For applications pertaining to a single amounts for individual direct object-class A, Column (g), Line 5. For supplemental cost categories that may appear to be out of program requiring budget amounts by grants and changes to grants, the total multiple functions or activities, enter the the ordinary or to explain the details as amount of the increase or decrease as shown required by the Federal grantor agency. name of each activity or function on each in Columns (1)–(4), Line 6k should be the line in Column (a), and enter the catalog Line 22—Enter the type of indirect rate same as the sum of the amounts in Section (provisional, predetermined, final or fixed) number in Column (b). For applications A, Columns (e) and (f) on Line 5. pertaining to multiple programs where none that will be in effect during the funding Line 7—Enter the estimated amount of period, the estimated amount of the base to of the programs require a breakdown by income, if any, expected to be generated from function or activity, enter the catalog which the rate is applied, and the total this project. Do not add or subtract this indirect expense. program title one each line in Column (a) and amount from the total project amount. Show the respective catalog number on each line in Line 23—Provide any other explanations or under the program narrative statement the comments deemed necessary. Column (b). nature and source of income. The estimated For applications pertaining to multiple amount of program income may be ASSURANCES—NON-CONSTRUCTION programs where one or more programs considered by the federal grantor agency in PROGRAMS require a breakdown by function or activity, determining the total amount of the grant. Note: Certain of these assurances may not prepare a separate sheet for each program Section C. Non-Federal-Resources be applicable to your project or program. If requiring the breakdown. Additional sheets you have questions, please contact the should be used when one form does not Lines 8–11—Enter amounts of non-Federal awarding agency. Further, certain Federal provide adequate space for all breakdown of resources that will be used on the grant. If awarding agencies may require applicants to data required. However, when more than one in-kind contributions are included, provide a certify to additional assurances. If such is the sheet is used, the first page should provide brief explanation on a separate sheet. case, you will be notified. the summary totals by programs. Column (a)—Enter the program titles identical to Column (a), Section A. A As the duly authorized representative of Lines 1–4, Columns (c) through (g.) breakdown by function or activity is not the applicant I certify that the applicant: For new applications, leave Columns (c) necessary. 1. Has the legal authority to apply for and (d) blank. For each line entry in Columns Column (b)—Enter the contribution to be Federal assistance, and the institutional, (a) and (b), enter in Columns (e), (f), and (g) made by the applicant. managerial and financial capability the appropriate amounts of funds needed to Column (c)—Enter the amount of the (including funds sufficient to pay the non- support the project for the first funding State’s cash and in-kind contribution if the Federal share of project costs) to ensure period (usually a year). applicant is not a State or State agency. proper planning, management and For continuing grant program applications, Applicants which are a State or State completion of the project described in this submit these forms before the end of each agencies should leave this column blank. application. funding period as required by the grantor Column (d)—Enter the amount of cash and 2. Will give the awarding agency, the agency. Enter in Columns (c) and (d) the in-kind contributions to be made from all Comptroller General of the United States, and estimated amounts of funds which will other sources. if appropriate, the State, through any remain unobligated at the end of the grant Column (e)—Enter totals of Columns (b), authorized representative, access to and the funding period only if the Federal grantor (c), and (d). right to examine all records, books, papers or agency instructions provide for this. Line 12—Enter the total for each of documents related to the award; and will Otherwise, leave these columns blank. Enter Columns (b)–(e). The amount in Column (e) establish a proper accounting system in in columns (e) and (f) the amounts of funds should be equal to the amount on Line 5, accordance with generally accepted needed for the upcoming period. The Column (f), Section A. accounting standards or agency directives. Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32073 3. Will establish safeguards to prohibit 7. Will comply, or has already complied, of drinking water under the Safe Drinking employees from using their positions for a with the requirements of Titles II and III of Water Act of 1974, as amended, (Pub. L. 93– purpose that constitutes or presents the the Uniform Relocation Assistance and Real 523); and (h) protection of endangered appearance of personal or organizational Property Acquisition Policies Act of 1970 species under the Endangered Species Act of conflict of interest, or personal gain. (Pub. L. 91–646) which provide for fair and 1973, as amended (Pub. L. 93–205). 4. Will initiate and complete the work equitable treatment of persons displaced or 12. Will comply with the Wild and Scenic within the applicable time frame after receipt whose property is acquired as a result of Rivers Act of 1968 (16 U.S.C. 1271 et seq.) of approval of the awarding agency. Federal or federally assisted programs. These related to protecting components or potential 5. Will comply with the Intergovernmental requirements apply to all interests in real components of the national wild and scenic Personnel Act of 1970 (42 U.S.C. 4728–4763) property acquired for project purposes rivers system. relating to prescribed standards for merit regardless of Federal participation in 13. Will assist the awarding agency in systems for programs funded under one of purchases. assuring compliance with Section 106 of the the nineteen statutes or regulations specified 8. Will comply with the provisions of the National Historic Preservation Act of 1966, as in Appendix A of OPM’s Standards for a Hatch Act (5 U.S.C. 1501–1508 and 7324– amended (16 U.S.C. 470), EO 11593 Merit System of Personnel Administration (5 7328) which limit the political activities of (identification and protection of historic CFR 900, Subpart F). employees whose principal employment properties), and the Archaeological and 6. Will comply with all Federal statutes activities are funded in whole or in part with Historic Preservation Act of 1974 (16 U.S.C. relating to nondiscrimination. These include Federal funds. 469a–1 et seq.). but are not limited to: (a) Title VI of the Civil 9. Will comply, as applicable, with the 14. Will comply with Pub. L. 93–348 Rights Act of 1964 (Pub. L. 88–352) which provisions of the Davis-Bacon Act (40 U.S.C. regarding the protection of human subjects prohibits discrimination on the basis of race, 276a to 276a–7), the Copeland Act (40 U.S.C. involved in research, development, and color or national origin; (b) Title IX of the 276c and 18 U.S.C. 874), and the Contract related activities supported by this award of Education Amendments of 1972, as amended Work Hours and Safety Standards Act (40 assistance. (20 U.S.C. 1681–1683, and 1685–1686), U.S.C. 327–333), regarding labor standards 15. Will comply with the Laboratory which prohibits discrimination on the basis for federally assisted construction of sex; (c) Section 504 of the Rehabilitation subagreements. Animal Welfare Act of 1966 (Pub. L. 89–544, Act of 1973, as amended (29 U.S.C. 794), 10. Will comply, if applicable, with flood as amended, 7 U.S.C. 2131 et seq.) pertaining which prohibits discrimination on the basis insurance purchase requirements of Section to the care, handling, and treatment of warm of handicaps; (d) the Age Discrimination Act 102(a) of the Flood Disaster Protection Act of blooded animals held for research, teaching, of 1975, as amended (42 U.S.C. 6101–6107), 1973 (Pub. L. 93–234) which requires or other activities supported by this award of which prohibits discrimination on the basis recipients in a special flood hazard area to assistance. of age; (e) the Drug Abuse Office and participate in the program and to purchase 16. Will comply with the Lead-Based Paint Treatment Act of 1972 (Pub. L. 92–255), as flood insurance if the total cost of insurable Poisoning Prevention Act (42 U.S.C. 4801 et amended, relating to nondiscrimination on construction and acquisition is $10,000 or seq.) which prohibits the use of lead based the basis of drug abuse; (f) the more. paint in construction or rehabilitation of Comprehensive Alcohol Abuse and 11. Will comply with environmental residence structures. Alcoholism Prevention, Treatment and standards which may be prescribed pursuant 17. Will cause to be performed the required Rehabilitation Act of 1970 (Pub. L. 91–616), to the following: (a) institution of financial and compliance audits in as amended, relating to nondiscrimination on environmental quality control measures accordance with the Single Audit Act of the basis of alcohol abuse or alcoholism; (g) under the National Environmental Policy Act 1984. 523 and 527 of the Public Health Service Act of 1969 (Pub. L. 91–190) and Executive Order 18. Will comply with all applicable of 1912 (42 U.S.C. 290 dd–3 and 290 ee–3), (EO) 11514; (b) notification of violating requirements of all other Federal laws, as amended, relating to confidentiality of facilities pursuant to EO 11738; (c) protection executive orders, regulations and policies alcohol and drug abuse patient records; (h) of wetlands pursuant to EO 11990; (d) governing this program. Title VIII of the Civil Rights Act of 1968 (42 evaluation of flood hazards in floodplains in lllllllllllllllllllll U.S.C. 3601 et seq.), as amended, relating to accordance with EO 11988; (e) assurance of Signature of Authorized Certifying Official nondiscrimination in the sale, rental or project consistency with the approved State lllllllllllllllllllll financing of housing; (i) any other management program developed under the Applicant Organization nondiscrimination provisions in the specific Coastal Zone Management Act of 1972 (16 lllllllllllllllllllll statute(s) under which application for U.S.C. 1451 et seq.); (f) conformity of Federal Title Federal assistance is being made; and (j) the actions to State (Clear Air) Implementation lllllllllllllllllllll requirements of any other nondiscrimination Plans under section 176(c) of the Clear Air Date Submitted statute(s) which may apply to the Act of 1955, as amended (42 U.S.C. 7401 et application. seq.); (g) protection of underground sources BILLING CODE 4184±01±P 32074 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32075 BILLING CODE 4184±01±C 32076 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices Attachment C—Certification Regarding transactions and in all solicitations for employee of Congress, or an employee Debarment, Suspension, and Other lower tier covered transactions. of a Member of Congress in connection Responsibility Matters—Primary with this Federal contract, grant, loan or Certification Regarding Debarment, Covered Transactions cooperative agreement, the undersigned Suspension, Ineligibility and Voluntary shall complete and submit standard By signing and submitting this Exclusion—Lower Tier Covered proposal, the applicant, defined as the Transactions Form–LLL, ‘‘Disclosure Form to Report primary participant in accordance with Lobbying,’’ in accordance with its 45 CFR part 76, certifies to the best of (To Be Supplied to Lower Tier instructions. its knowledge and believe that it and its Participants) (3) The undersigned shall require that principals: By signing and submitting this lower the language of this certification be (a) Are not presently debarred, tier proposal, the prospective lower tier included in the award documents for all suspended, proposed for debarment, participant, as defined in 45 CFR part subawards at all tiers (including declared ineligible, or voluntarily 76, certifies to the best of its knowledge subcontracts, subgrants, and contracts excluded from covered transactions by and belief that it and its principals: under grants, loans, and cooperative any Federal Department or agency; (a) Are not presently debarred, agreements) and that all subrecipients (b) Have not within a 3-year period suspended, proposed for debarment, shall certify and disclose accordingly. preceding this proposal been convicted declared ineligible, or voluntarily This certification is a material of or had a civil judgment rendered excluded from participation in this representation of fact upon which against them for commission of fraud or transaction by any federal department or reliance was placed when this a criminal offense in connection with agency. transaction was made or entered into. obtaining, attempting to obtain, or (b) Where the prospective lower tier Submission of this certification is a performing a public (Federal, State, or participant is unable to certify to any of prerequisite for making or entering into local) transaction or contract under a the above, such prospective participant this transaction imposed by section public transaction; violation of Federal shall attach an explanation to this 1352, title 31, U.S. Code. Any person or State antitrust statutes or commission proposal. who fails to file the required The prospective lower tier participant of embezzlement, theft, forgery, bribery, certification shall be subject to a civil further agrees by submitting this falsification or destruction of records, penalty of not less than $10,000 and not proposal that it will include this clause making false statements, or receiving more than $100,000 for each such entitled ‘‘Certification Regarding stolen property; failure. (c) Are not presently indicted or Debarment, Suspension, Ineligibility, otherwise criminally or civilly charged and Voluntary Exclusion—Lower Tier State for Loan Guarantee and Loan by a governmental entity (Federal, State Covered Transactions,’’ without Insurance modification in all lower tier covered or local) with commission of any of the The undersigned states, to the best of offenses enumerated in paragraph (1) (b) transactions and in all solicitations for lower tier covered transactions. his or her knowledge and belief, that: of this certification; and If any funds have been paid or will be (d) Have not within a 3-year period Attachment D—Certification Regarding paid to any person for influencing or preceding this application/proposal had Lobbying attempting to influence an officer or one or more public transactions employee of any agency, a Member of (Federal, State, or local) terminated for Certification for Contracts, Grants, Congress, an officer or employee of cause or default. Loans, and Cooperative Agreements Congress, or an employee of a Member The inability of a person to provide The undersigned certifies, to the best of Congress in connection with this the certification required above will not of his or her knowledge and belief, that: necessarily result in denial of (1) No Federal appropriated funds commitment providing for the United participation in this covered have been paid or will be paid, by or on States to insure or guarantee a loan, the transaction. If necessary, the prospective behalf of the undersigned, to any person undersigned shall complete and submit participant shall submit an explanation for influencing or attempting to Standard Form–LLL ‘‘Disclosure Form of why it cannot provide the influence an officer or employee of any to Report Lobbying,’’ in accordance with certification. The certification or agency, a Member of Congress, an its instructions. explanation will be considered in officer or employee of Congress, or an Submission of this statement is a connection with the Department of employee of a Member of Congress in prerequisite for making or entering into Health and Human Services (HHS) connection with the awarding of any this transaction imposed by section determination whether to enter into this Federal contract, the making of any 1352, title 31, U.S. Code. Any person transaction. However, failure of the Federal grant, the making of any Federal who fails to file the required statement prospective primary participant to loan, the entering into of any shall be subject to a civil penalty of not furnish a certification or an explanation cooperative agreement, and the less than $10,000 and not more than shall disqualify such person from extension, continuation, renewal, $100,000 for each such failure. participation in this transaction. amendment, or modification of any lllllllllllllllllllll The prospective primary participant Federal contract, grant, loan, or Signature agrees that by submitting this proposal, cooperative agreement. lllllllllllllllllllll it will include the clause entitled (2) If any funds other than Federal Title ‘‘Certification Regarding Debarment, appropriated funds have been paid or lllllllllllllllllllll Suspension, Ineligibility, and Voluntary will be paid to any person for Organization Exclusion—Lower Tier Covered influencing or attempting to influence lllllllllllllllllllll Transaction,’’ provided below without an officer or employee of any agency, a Date modification in all lower tier covered Member of Congress, an officer or BILLING CODE 4184±01±P Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32077 BILLING CODE 4184±01±C 32078 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices Attachment E—Certification Regarding either directly or through State or local administrative compliance order on the Environmental Tobacco Smoke governments, by Federal grant, contract, responsible entity. Public Law 103–227, Part C— loan, or loan guarantee. The law does By signing and submitting this Environmental Tobacco Smoke, also not apply to children’s services application the applicant/grantee known as the Pro-Children Act of 1994 provided in private residences, facilities certifies that it will comply with the (Act), requires that smoking not be funded solely by Medicare or Medicaid requirements of the Act. The applicant/ permitted in any portion of any indoor funds, and portions of facilities used for grantee further agrees that it will require facility owned or leased or contracted inpatient drug or alcohol treatment. the language of this certification be for by an entity and used routinely or Failure to comply with the provisions of included in any subawards which regularly for the provision of health, day the law may result in the imposition of contain provisions for children’s care, education, or library services to a civil monetary penalty of up to $1,000 services and that all subgrantees shall children under the age of 18, if the per day and/or the imposition of an certify accordingly. services are funded by Federal programs BILLING CODE 4184±01±P Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32079 32080 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices BILLING CODE 4184±01±C Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32081 Attachment G—Executive Order Avenue, Des Moines, Iowa 50309, N.J. Department of Community 12372—State Single Points of Contact Telephone (515) 281–3725 Affairs, Trenton, New Jersey 08625– 0803, Telephone (609) 292–6613 Arizona Kentucky Please direct correspondence and Mrs. Janice Dunn, Attn: Arizona State Ronald W. Cook, Office of the Governor, questions to: Andrew J. Jaskolka, State Clearinghouse, 1800 N. Central Department of Local Government, Review Process, Division of Avenue, 14th Floor, Phoenix, Arizona 1024 Capitol Center Drive, Frankfort, Community Resources, CN 814, Room 85012, Telephone (602) 280–1315 Kentucky 40601, Telephone (502) 609, Trenton, New Jersey 08625–0803, 564–2382 Arkansas Telephone (609) 292–9025 Tracie L. Copeland, Manager, State Maine New Mexico Clearinghouse, Office of Ms. Joyce Benson, State Planning Office, # George Elliott, Deputy Director, State Intergovernment Services, Department State House Station 38, Augusta, Budget Division, Room 190, Bataan of Finance and Administration, P.O. Maine 04333, Telephone (207) 289– Memorial Building, Santa Fe, New Box 3278, Little Rock, Arkansas 3261 Mexico 87503, Telephone (505) 827– 72203, Telephone (501) 682–1074 Maryland 3640, FAX (505) 827–3006 California Ms. Mary Abrams, Chief, Maryland New York Glenn Stober, Grants Coordinator, Office State Clearinghouse, Department of New York State Clearinghouse, Division of Planning and Research, 1400 Tenth State Planning, 301 West Preston of the Budget, State Capitol, Albany, Street, Sacramento, California 95814, street, Baltimore, Maryland 21201– New York 12224, Telephone (518) Telephone (916) 323–7480 2365, Telephone (301) 225–4490 474–1605 Delaware Massachusetts North Carolina Ms. Francine Booth, State Single Point Karen Arone, State Clearinghouse, Mrs. Chrys Baggett, Director, Office of of Contact, Executive Department, Executive Office of Communities and the Secretary of Admin., N.C. State Thomas Collins Building, Dover, Development, 100 Cambridge street, Clearinghouse, 116 W. Jones Street, Delaware 19903, Telephone (302) Room 1803, Boston, Massachusetts Raleigh, North Carolina 27603–8003, 736–3326 02202, Telephone (617) 727–7001 Telephone (919) 733–7232 District of Columbia Michigan North Dakota Rodney T. Hallman, State Single Point Richard S. Pastula, Director, Michigan N.D. Single Point of Contact, Office of of Contact, Office of Grants Department of Commerce, Lansing, Intergovernmental Assistance, Office Management and Development, 717 Michigan 48909, Telephone (517) of Management and Budget, 600 East 14th Street, NW., Suite 500, 373–7356 Boulevard Avenue, Bismarck, North Washington, DC 20005, Telephone Mississippi Dakota 58505–0170, Telephone (701) (202) 727–6551 Ms. Cathy Mallette, Clearinghouse 224–2094 Florida Officer, Office of Federal Grant Ohio Florida State Clearinghouse, Management and Reporting, 301 West Larry Weaver, State Single Point of Intergovernmental Affairs Policy Unit, Pearl Street, Jackson, Mississippi Contact, State/Federal Funds Executive Office of the Govenor, 39203, Telephone (601) 960–2174 Coordinator, State Clearinghouse, Office of Planning and Budgeting, The Missouri Office of Budget and Management, 30 Capitol, Tallahassee, Florida 32399– East Broad Street, 34th Floor, 0001, Telephone (904) 488–8441 Ms. Lois Pohl, Federal Assistance Clearinghouse, Office of Columbus, Ohio, 43266–0411, Georgia Administration, PO Box 809, Room Telephone (614) 466–0698 Mr. Charles H. Badger, Administrator, 430, Truman Building, Jefferson City, Rhode Island Georgia State Clearinghouse, 254 Missouri 65102, Telephone (314) 751– Washington Street, SW., Atlanta, 4834 Mr. Daniel W. Varin, Associate Director, Georgia 30334, Telephone (404) 656– Statewide Planning Program, Nevada 3855 Department of Administration, Department of Administration, State Division of Planning, 265 Melrose Illinois Clearinghouse, Capitol Complex, Street, Providence, Rhode Island Steve Klokkenga, State Single Point of Carson City, Nevada 89710, 02907, Telephone (401) 277–2656 Contact, Office of the Governor, 107 Telephone (702) 687–4065, Attention: Please direct correspondence and Stratton Building, Springfield, Illinois Ron Sparks, Clearinghouse questions to: Review Coordinator, 62706, Telephone (217) 782–1671 Coordinator Office of Strategic Planning Indiana New Hampshire South Carolina Jean S. Blackwell, Budget Director, State Mr. Jeffrey H. Taylor, Director, New Omeagia Burgess, State Single Point of Budget Agency, 212 State House, Hampshire Office of State Planning, Contact, Grant Services, Office of the Indianapolis, Indiana 46204, Attn: Intergovernmental Review, Governor, 1205 Pendleton Street, Telephone (317) 232–5610 Process/James E. Bieber, 21⁄2 Beacon Room 477, Columbia, South Carolina Street, Concord, New Hampshire 29201, Telephone (803) 734–0494 Iowa 03301, Telephone (603) 271–2155 Mr. Steven R. McCann, Division of Tennessee Community Progress, Iowa New Jersey Mr. Charles Brown, State Single Point of Department of Economic Gregory W. Adkins, Acting Director, Contact, State Planning Office, 500 Development, 200 East Grand Division of Community Resources, Charlotte Avenue, 309 John Sevier 32082 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices Building, Nashville, Tennessee 37219, Station, Second Floor, Saint Thomas, 19901, (302) 739–3333, FAX # (302) Telephone (615) 741–1676 Virgin Islands 00802, 739–6704 Texas Please direct correspondence to: Linda District of Columbia Clarke, Telephone (809) 774–0750 Mr. Thomas Adams, Governor’s Office Carol Boykins, Executive Director, of Budget and Planning, P.O. Box Attachment H—State Developmental Developmental Disabilities State 12428, Austin, Texas 78711, Disabilities Planning Councils Planning Council, 801 N. Capitol Telephone (512) 463–1778 Alabama Street NE., Suite 954, Washington, DC 20002, (202) 279–6085, FAX # 6587 Utah Joan B. Hannah, Ed.D., Executive Utah State Clearinghouse, Office of Director, Alabama Developmental Florida Planning and Budget, Attn: Carolyn Disabilities Planning Council, 200 K. Joseph Krieger, Executive Director, Wright, Room 116 State Capitol, Salt Interstate Park Dr., P.O. Box 3710, Florida Developmental Disabilities Lake City, Utah 84114, Telephone Montgomery, Alabama 36193–5001, Planning Council, 820 East Park (801) 538–1535 (205) 270–4680, 1–800–232–2158, Avenue, Suite I–100, Tallahassee, FAX # (205) 240–3195 Florida 32301, (904) 488–4180, FAX # Vermont (904) 922–6702 Mr. Bernard D. Johnson, Assistant Alaska Georgia Director, Office of Policy Research & David Maltman, Director, Governor’s Coordination, Pavilion Office Council on Disabilities and Special Zebe Schmitt, Executive Director, Building, 109 State Street, Montpelier, Education, P.O. Box 240249, Governor’s Council on Developmental Vermont 05602, Telephone (802) 828– Anchorage, Alaska 99524–0249, (907) Disabilities, 2 Peachtree Street NE., 3326 563–5355, FAX # (907) 563–5357 Room 3–210, Atlanta, Georgia 30303, (404) 657–2126, FAX # (404) 657– West Virginia Arizona 2132, TDD 657–2133 Mr. Fred Cutlip, Director, Community Diane Skay, Director, Governor’s Hawaii Development Division, West Virginia Council on Developmental Development Office, Building #6, Disabilities, 1717 West Jefferson Diana Tizard, Director, State Planning Room 553, Charleston, West Virginia Street, Site Code 074Z, Phoenix, Council on Developmental 25305, Telephone (304) 348–4010 Arizona 85007, (602) 542–4049, FAX Disabilities, Five Waterfront Plaza, # (602) 542–5339 500 Ala Moana Boulevard, Suite 5– Wisconsin 200, Honolulu, Hawaii 96813, (808) Mr. William C. Carey, Federal/State Arkansas 586–8100, FAX # (808) 586–8129 Relations, Wisconsin Department of Orson Berry, Executive Director, Idaho Administration, 101 South Webster Governor’s Developmental John D. Watts, Director, Idaho State Street, P.O. Box 7864, Madison, Disabilities, Planning Council, 4815 Council on Developmental Wisconsin 53707, Telephone (608) West Markham, Slot 12, Little Rock, Disabilities, 280 North 8th Street, 266–0267 Arkansas 72205–3867, (501) 661– Suite 208, Boise, Idaho 83720, (208) 2589, FAX # (510) 661–2399 Wyoming 334–2178, FAX # (208) 334–3417, Sheryl Jeffries, State Single Point of California 800–544–2433 (Idaho only) Contact, Herschler Building, 4th Roberta A. Marlowe, Ph.D., Executive Illinois Floor, East Wing, Cheyenne, Director, CA State Council on Rene Christensen-Leininger, Director, Wyoming 82002, Telephone (307) Developmental Disabilities, 2000 ‘‘O’’ 777–7574 Illinois Council on Developmental Street, Suite 100, Sacramento, Disabilities, 830 S. Spring Street, Guam California 95814, (916) 322–8481, # Springfield, IL 62704, (217) 782–9696, Mr. Michael J. Reidy, Director, Bureau FAX (916) 443–4957 FAX # (217) 524–5339 of Budget and Management Research, Colorado Joan Asturrizaga, Director, Illinois Office of the Governor, P.O. Box 2950, Council on Developmental Agana, Guam 96910, Telephone (671) Donald St. Louis, Executive Director, Disabilities, 100 W. Randolph/10– 472–2285 Colorado Developmental Disabilities 600, Chicago, Illinois, (312) 814–2080, Planning Council, 777 Grant Street, FAX # (312) 814–7141 Northern Mariana Islands Suite 304, Denver, Colorado 80203, # Indiana State Single Point of Contact, Planning (303) 894–2345, FAX (303) 894– and Budget Office, Office of the 2880 Ms. Suellen Jackson-Boner, Director, Governor, Saipan, CM, Northern Connecticut Governor’s Planning Council for Mariana Islands 96950 People with Disabilities, 143 W. Edward T. Preneta, Director, CT Council Market Street, Harrison Building, Puerto Rico on Developmental Disabilities, 90 Suite 404, Indianapolis, Indiana Norma Burgos/Jose H. Caro, Chairman/ Pitkin Street, East Hartford, 46204, (317) 232–7770/3, FAX # (317) Director, Puerto Rico Planning Board, Connecticut 06108, (203) 725–3829, 233–3712 Minillas Government Center, P.O. Box FAX # (203) 528–3680 Iowa 41119, San Juan, Puerto Rico 00940– Delaware 9985, Telephone (809) 727–4444 Mr. Jay Brewer, Executive Director, James F. Linehan, Director, Governor’s Planning Council for Virgin Islands Developmental Disabilities Planning Developmental Disabilities, Hoover Jose L. George, Director, Office of Council, Department of State Office Building, 1st Floor, Des Management and Budget, #41 Administrative Services, Box 1401, Moines, Iowa 50319, (515) 281–7632, Norregade Emancipation Garden Townsend Building, Dover, Delaware FAX # (515) 281–4597 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32083 Kansas Mississippi Oregon Ms. Jane Rhys, Executive Director, Ed C. Bell, Staff Director, Mississippi Charlotte Duncan, Executive Director, Kansas Planning Council on Developmental Disabilities Planning Oregon Developmental Disabilities Developmental Disabilities, 915 Council, 1101 Robert E. Lee Building, Planning Council, 540 24th Place NE., Harrison, Room 141, Topeka, Kansas Jackson, Mississippi 39201, (601) # Salem, Oregon 97301–4517, (503) 66612, (913) 296–2608/9, FAX # (913) 359–6238, FAX (601) 359–6295 373–7555, FAX # (503) 373–7172 296–1158 Missouri North Dakota Kentucky Ms. Kay Conklin, Director, Missouri Planning Council for Developmental Tom Wallner, Director, North Dakota Prudence Reilly, Executive Director, Council on Developmental Kentucky Developmental Disabilities Disabilities, P.O. Box 687, 1706 East Elm Street, Jefferson City, Missouri Disabilities, c/o Department of Human Planning Council, Department for # Services, State Capitol, 600 E. Mental Health and Mental Retardation 65102, (314) 751–8611, FAX (314) 751–9207 Boulevard Avenue, Bismarck, North Services, 275 East Main Street, Dakota 58505–0250, (701) 224–3219, Frankfort, Kentucky 40621, (502) 564– Montana FAX # (701) 224–2359 7842, FAX # (502) 564–3844 Greg A. Olsen, Executive Director, Ohio Louisiana Developmental Disabilities Planning Clarice Eichelberger, Executive Director, and Advisory Council, 111 N. Last Mr. Ken Campbell, Executive Director, Louisiana State Planning Council on Chance Gulch, Arcade Bldg., Unit C, Ohio Developmental Disabilities Developmental Disabilities, P.O. Box Box 526, Helena, Montana 59620, Planning Council, Department of 3455 Ben 14, 1201 Capitol Access, 5th (406) 444–1334, FAX # (406) 444– Mental Retardation/Developmental Floor, DOT Edition, East Entrance, 5999 Disabilities, 8 East Long Street, 6th Baton Rouge, Louisiana 70821–3455, Nebraska Floor, Columbus, Ohio 43266–0523, (504) 342–6804, FAX # (504) 342– (614) 466–5205, FAX # (614) 466– 4419 Ms. Mary Gordon, Director, Dept. of 0298 Health/Developmental Disabilities, Maine 301 Centennial Mall South, P.O. Box New York 95007, Lincoln, Nebraska 68509, (402) Peter R. Stowell, Executive Director, Isabel T. Mills, Executive Director, New Maine Developmental Disabilities 471–2330, FAX # (402) 471–0383 # York State Developmental Disabilities Council, Nash Building, Station 139, Nevada Planning Council, 155 Washington Augusta, Maine 04333–0139, (207) Avenue, 2nd Floor, Albany, New York 287–4213, FAX # (207) 287–4268 Donny Loux, Director, DD Council, # Dept. of Rehab., 711 S. Stewart, 12210, (518) 432–8233, FAX 518– Maryland Carson City, Nevada 89710, (702) 432–8238 # Susanne Elrod, Executive Director, 687–4440, FAX (702) 687–5980 North Carolina Maryland State Planning Council on New Hampshire Holly Riddle, Executive Director, North Developmental Disabilities, One Carolina Council on Developmental Market Center, Box 10, 300 West Thomas Flayton, (Acting) Executive Disabilities, 1508 Western Blvd., Lexington Street, Baltimore, Maryland Director, New Hampshire Raleigh, North Carolina 27606–1359, 21201–2323, (410) 333–3688, FAX # Developmental Disabilities Council, (919) 733–6566, FAX # (919) 733– (401) 333–6674 The Concord Center—Room 315, P.O. Box 315, 10 Ferry Street, Concord, 1863 Massachusetts New Hampshire 03301–5022, (603) New Jersey 271–3236, 7, 8, FAX # (603) 225–6766 Jody Williams, Executive Director, Massachusetts Developmental Pennsylvania Ethan B. Ellis, Executive Director, NJ Disabilities Council, 600 Washington Developmental Disabilities Planning David B. Schwartz, Executive Director, Council, 32 W. State Street, CN 700, Street, Room 670, Boston, Developmental Disabilities Planning Massachusetts 02111, (617) 727–6374, Trenton, New Jersey 08625–0700, Council, Forum Building, Room 569, # FAX # (617) 727–1174, TDD (617) (609) 292–3745, FAX (609) 292– Commonwealth Avenue, Harrisburg, 7114 727–1885 Pennsylvania 17120, (717) 787–6057 New Mexico Michigan Rhode Island Ms. Sharon Tipton, Executive Director, Marie V. Citrone, Executive Director, Chris Isengard, Executive Director, Dept. of Mental Health, Michigan DD Rhode Island Developmental Developmental Disabilities Planning Council, Lewis Cass Building, 6th Disabilities Council, State Executive Council, State of New Mexico, 435 St. Floor, Lansing, Michigan 48913, (517) Department, 600 New London Michael’s Drive, Building D, Santa Fe, 334–6123, 7240, FAX # (517) 334– New Mexico 87501, (505) 827–7590, Avenue, Cranston, Rhode Island # 7353 02920–3028, (401) 464–3191, FAX # FAX (505) 827–7589 Minnesota (401) 464–3570 South Carolina Ms. Colleen Wieck, Ph.D., Executive Oklahoma Charles Lang, Interim Executive Director, Governor’s Planning Council Ann Trudgeon, Director, Developmental Director, South Carolina on Developmental Disabilities, 300 Disabilities Planning Council, Developmental Disabilities Planning Centennial Office Building, 658 Cedar Department of Human Services, P.O. Council, Edgar Brown Building, Room Street, St. Paul, Minnesota 55155, Box 25352, Oklahoma City, Oklahoma 372, 1205 Pendleton Street, Columbia, (612) 296–4018, FAX # (612) 296– 73125–0352, (405) 521–4984(5), FAX South Carolina 29201–3731, (803) 3698 # (405) 521–6684 734–0465, FAX # (803) 734–0356 32084 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices South Dakota Wisconsin Commonwealth of the Northern Mariana Islands Charles A. Anderson, Director, South Ms. Jayn Wittenmyer, Executive Dakota Governor’s Planning Council Director, Council on Developmental Juanita S. Malone, CNMI DD Council, on Developmental Disabilities, Disabilities, State of Wisconsin, 722 P.O. Box 2565, Saipan, MP 96950, Williamson Street, P.O. Box 7851, # Hillsview Plaza, c/o 500 East Capitol, (011) 670–323–3014/16, FAX (011) Madison, Wisconsin 53707–7851, Pierre, South Dakota 57501–5070, 670–322–4168 (608) 266–7826, FAX # (608) 267– (605) 773–6415, FAX # (605) 773– 3906 Government of Federated State of 5483 Micronesia Virginia Tennessee Yosiro Suta, Gov’t of Federated States of Sandy Reen, Director, Virginia Board for Micronesia, Dept of Ed., Palikir, Wanda Willis, Director, Developmental People with Disabilities, Post Office Pohnpei, FM 96941, (691) 320–2609, Disabilities Planning Council, Box 613, Richmond, Virginia 23205– FAX # (691) 320–5500 Department of Mental Health and 0613, (804) 786–0016, FAX # (804) Mental Retardation, 706 Church 786–1118 Guam Street, 3rd Floor, Doctor’s Building, Washington Frances Limitiaco Standing Soldier, Nashville, Tennessee 37219–5393, Executive Director, Guam (615) 741–9791, FAX # (615) 741– Edward M. Holen, Executive Director, Developmental Disabilities Council, 0770 Developmental Disabilities Planning 122 IT&E Plazza, Rm. 201, Harmon, Council, Department of Community Guam 96911, (671) 646–9468, 9469, Texas Development, 906 Columbia Street FAX # (671) 649–7672, TDD 671–649– SW, Post Office Box 48314, Olympia, 3911 Roger A. Webb, Executive Director, Washington 98504–8314, (206) 753– Texas Planning Council for 3908, 1–800–634–4473, FAX # (206) Northern Mariana Islands Developmental Disabilities, 4900 586–2424 North Lamar Blvd., Austin, Texas Juanita S. Malone, Exeuctive Director, 78751–2399, (512) 483–4080, FAX # Wyoming Developmental Disabilities Council, (512) 483–4097 Sharron C. Kelsey, Executive Director, Department of Education, P.O. Box Governor’s Planning Council on 2565, Saipan, CM 96950, W (670) Utah Developmental Disabilities, 122 West 322–3014, H (670) 322–1398 Catherine E. Chambless, Director, Utah 25th Street, Herschler Bldg., First Puerto Rico Floor East, Cheyenne, Wyoming Governor’s Council for People with Maria Luisa Mendia, Executive Director, Disabilities, P.O. Box 1958, Salt Lake 82002, (307) 777–7230, 1–800–442– 4333 (in-state-only), FAX # (307) 777– Puerto Rico Developmental City, Utah 84110–1958, (801) 533– Disabilities State Council, P.O. Box # 5690 4128, FAX (801) 533–5302 9543, Santurce, Puerto Rico 00908, National Office # Vermont (809) 722–0595, FAX (809) 721– Ms. Susan Ames-Zierman, Executive 3622 Thomas A. Pombar, Executive Secretary, Director, National Association of Virgin Islands Vermont Developmental Disabilities Developmental Disabilities Councils Council, Waterbury Office Complex, (NADDC), 1234 Massachusetts Mark Vinzant, Director, VI 103 South Main Street, Waterbury, Avenue NE., Suite 103, Washington, Developmental Disabilities Council, Vermont 05671–1534, (802) 241– DC 20005, (202) 347–1234, FAX # PO Box 2671 Kings Hill, St. Croix, 2612, FAX # 241–2979 (202) 347–4023 U.S. Virgin Islands 00850–9999, (809) 772–2133 West Virginia TERRITORIES (DDCs) Western Carolina Islands (Trust Julie Pratt, Director, West Virginia American Samoa Territories of the Pacific) Developmental Disabilities Planning Henry Sesepasara, Executive Director, Minoru Ueki, MD, Trust Territory Council, 1601 Kanawha Blvd., West— American Samoa Developmental Health Council, MacDonald Memorial Suite 200, Charleston, West Virginia Disabilities Council, P.O. Box 184, Hospital KOROR, Palau. WCI 96940. 25312–2500, (304) 558–0416 (Voice), Pago Pago, American Samoa 96799, (304) 558–2376 (TDD), FAX # (304) (684) 633–2919, FAX # (684) 633– [FR Doc. 95–14817 Filed 6–16–95; 8:45 am] 558–0941 1139 BILLING CODE 4184±01±P federal register June 19,1995 Monday Centers Program;Notice Comprehensive RegionalAssistance Education Department of Part III 32085 32086 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices DEPARTMENT OF EDUCATION Estimated Number of Awards: 15 (4) Adopting, adapting, and Cooperative Agreements (see Definitions implementing promising and proven [CFDA No. 84.283A] section). practices for improving teaching and learning. Comprehensive Regional Assistance Note: The Department is not bound by any Under section 13101, the specific Centers Program estimate in this notice. purpose of Part A—Comprehensive Project Period: Up to 60 months. Regional Assistance Centers is to Notice inviting applications for new Applicable Regulations: The establish a networked system of 15 awards for fiscal year (FY) 1995. Education Department General comprehensive regional assistance Purpose of Program: The purpose of Administrative Regulations (EDGAR) in centers to provide comprehensive this program is to establish a networked 34 CFR Parts 74, 75, 77, 79, 80, 81, 82, training and technical assistance, system of 15 comprehensive regional 85 and 86. assistance centers to provide related to administration and comprehensive training and technical Definitions implementation of programs under assistance related to the administration (a) ‘‘Grant’’ means an award of ESEA, to States, local educational and implementation of programs under financial assistance in the form of agencies, schools, tribes, community- the Elementary and Secondary money, or property in lieu of money, based organizations, and other Education Act of 1965 (ESEA), to States, made by the Federal Government to an recipients of ESEA funds. local educational agencies (LEAs), eligible recipient. The term includes a Section 13001 of ESEA further schools, tribes, community-based cooperative agreement except where specifies that technical assistance efforts organizations, and other recipients of otherwise provided by statute or under Title XIII are intended to— funds under the Act. regulation (see § 74.3 or § 80.3 of (1) Help schools and school systems This new approach will replace the EDGAR). focus on improving opportunities for all Department’s current method of (b) ‘‘Cooperative agreement’’ means a children to meet challenging State developing technical assistance that type of grant awarded by the content standards and challenging State involves more than 40 entities providing Department when it anticipates having student performance standards, as those categorical and often fragmented substantial involvement with the schools and systems implement technical assistance. A new national recipient during the performance of a programs under ESEA; technical assistance system will aid in: funded project. (2) Help States, LEAs, tribes, implementing school reform programs participating colleges and universities, in a manner that improves teaching and Selection Criteria and schools integrate Federal, State, and learning for all students; coordinating The Secretary will use the following local education programs in ways that reform programs with other Federal, criteria to evaluate applications for this contribute to improving schools and State, and local education plans and competition. The maximum total score entire school systems; and activities, so that all students, is 100. The maximum score for each (3) Coordinate technical assistance in particularly students at risk of criterion is indicated in parentheses support of ESEA programs with the educational failure, are provided with the criterion. Department’s regional offices, the opportunities to meet challenging State 1. Meeting the purposes of the regional educational laboratories, the content standards and challenging State authorizing statute (30 Points). The State Literacy Resource Centers, student performance standards; and Secretary reviews each application to vocational resource centers, and other adopting, adapting, and implementing determine how well the project will technical assistance efforts supported by promising and proven practices for meet the purposes of Title XIII of the the Department. improving teaching and learning. ESEA, including consideration of— 2. Extent of Need for the Center (20 Eligible Applicants: (1) For regions (I- (a) The objectives of the proposed Points). The Secretary reviews each V, VIII, XI, XII, XIV and XV), public or Center; application to determine the extent to private nonprofit entities or consortia of (b) How the objectives of the proposed which the project meets specific needs these entities are eligible to apply. (2) Center further the purposes of Title XIII recognized in Title XIII of ESEA, For regions that serve a significant of the ESEA. including consideration of— population of Indian or Alaska Native Under section 13002 of ESEA, the (a) The needs addressed by the students (Regions VI, VII, IX, X, and purpose of Title XIII is to create a proposed Center; XIII), eligible applicants are consortia of national technical assistance and (b) How the applicant identified those public or private entities that include a dissemination system to make available needs; tribally controlled community college or to States, local educational agencies, (c) How those needs will be met by other Indian organization. tribes, schools, and other recipients of the proposed Center; Deadline for Transmittal of funds under ESEA technical assistance (d) The benefits to be gained by Applications: August 4, 1995. in— meeting those needs. Deadline for Intergovernmental (1) Administering and implementing Section 13001 of ESEA enumerates Review: September 29, 1995. programs under the ESEA; several needs for technical assistance, Applications Available: June 21, 1995. (2) Implementing school reform including— Available Funds: The amount programs in a manner that improves (1) The need of States, LEAs, tribes, available for the first year is $55 million. teaching and learning for all students; and schools serving students with Since amounts for succeeding years (3) Coordinating reform programs special needs, such as students with depend on appropriations by Congress, with other Federal, State, and local limited-English proficiency and budget estimates should assume level education plans and activities, so that students with disabilities, for funding for 5 years. all students, particularly students at risk comprehensive technical assistance in Estimated Range of Awards: $2.5 of educational failure, are provided order to use funds under ESEA to million–$4.5 million per year. opportunities to meet challenging State provide those students with Estimated Average Size of Awards: content standards and challenging State opportunities to learn to challenging $3.67 million. student performance standards; and State content standards and challenging Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32087 State student performance standards; (3) Provide services to States, LEAs, as well as with other Federal, State, and and tribes, and schools, in coordination with local programs and reforms; and (2) The need of States, LEAs, schools, the National Diffusion Network State (14) Giving priority to servicing and tribes for help in integrating into a Facilitators activities under section schoolwide programs under section coherent strategy for improving teaching 13201, in order to provide the support 1114 of IASA and LEAs and Bureau of and learning the various programs and assistance diffusion agents need to Indian Affairs-funded schools with the under ESEA with State and local carry out their mission effectively; and highest percentages or numbers of programs and other education reform (4) Provide professional development children in poverty. efforts; services to SEAs, LEAs, and the 4. Quality of Key Personnel (7 Points). Section 13101 further refers to— National Diffusion Network State The Secretary reviews each application (1) The special needs of students Facilitators to increase the capacity of to determine the quality of key living in urban and rural areas; those entities to provide high-quality personnel the applicant plans to use for (2) The special needs of States and technical assistance in support of ESEA the proposed Center, including— Outlying Areas in geographic isolation; programs. (a) The qualifications of the project and Section 13102 of ESEA specifies that director (if one is to be used); (3) The need in regions serving each Center must provide support, (b) The qualifications of each of the significant populations of Indians or training, and assistance to SEAs, tribal other key personnel to be used for the Alaska Natives for assistance in the divisions of education, LEAs, schools, Center; development and implementation of and other ESEA grant recipients, in— (c) The time that each person referred instructional strategies, methods, and (1) Improving the quality of to in paragraphs (a) and (b) will commit materials that address the specific instruction, curricula, assessments, and to the Center; and cultural and other needs of Indian or other aspects of school reform, (d) How the applicant, as part of its Alaska Native students. supported with funds under Title I of nondiscriminatory employment 3. Plan of Operation (30 Points). The ESEA; practices, will ensure that its personnel Secretary reviews each application to (2) Implementing effective schoolwide are selected for employment without determine the quality of the plan of programs under Section 1114 of ESEA; regard to race, color, national origin, operation for the Center, including— (3) Meeting the needs of children gender, age, or handicapping condition. (a) The quality of the design of the served under ESEA, including children To determine personnel qualifications Center; in high-poverty areas, migratory under paragraphs (a) and (b) the (b) The extent to which the plan of children, immigrant children, children Secretary considers— management is effective and ensures with limited-English proficiency, (1) Experience and training in fields proper and efficient administration of neglected or delinquent children, related to the objectives of the Center; the Center; homeless children and youth, Indian and children, children with disabilities, and, (c) How well the objectives of the (2) Any other qualifications that where applicable, Alaska Native Center relate to the purposes of Title pertain to the quality of the Center. children and Native Hawaiian children; XIII of ESEA and to the identified needs 5. Budget and Cost Effectiveness (5 (4) Implementing high-quality of the region; Points). The Secretary reviews each professional development activities for (d) The quality of the applicant plan applicant to determine the extent to teachers, and where appropriate, to use its resources and personnel to which— administrators, pupil services achieve each objective; and (a) The budget is adequate to support personnel, and other staff; (e) How the applicant will ensure that the proposed Center; (5) Improving the quality of bilingual (b) Costs are reasonable in relation to Center participants who are otherwise education, including programs that eligible to participate are selected the objectives of the proposed Center. emphasize English and native language Section 13102 of ESEA specifies that without regard to race, color, national proficiency and promote multicultural each Center must provide technical origin, gender, age, or handicapping understanding; assistance using the highest quality and condition. (6) Creating safe and drug-free most cost-effective strategies possible. Section 13102 specifies that each environments, especially in areas 6. Evaluation Plan (5 Points). The Center will be required to— experiencing high levels of drug use and Secretary reviews each application to (1) Coordinate services, work violence in the community and school; determine the quality of the evaluation cooperatively, and regularly share (7) Implementing educational plan for the Center, including the extent information with the Regional applications of technology; to which the applicant’s methods of Educational Laboratories, the (8) Coordinating services and evaluation— Eisenhower Regional Consortia, programs to meet the needs of students (a) Are appropriate to the project; and research and development centers, State so that students can fully participate in (b) To the extent possible, are literacy centers authorized under the the educational program of the school; objective and produce data that are National Literacy Act of 1991, and other (9) Expanding the involvement and quantifiable. entities engaged in research, participation of parents in the education development, dissemination, and (Cross-reference: See 34 CFR 75.590 of their children; Evaluation by the Grantee.) technical assistance activities that are (10) Reforming schools, school supported by the Department as part of systems, and the governance and 7. Adequacy of Resources (3 Points). a Federal technical assistance system, to management of schools; The Secretary reviews each application provide a broad range of support (11) Evaluating programs; to determine the adequacy of the services to schools in the region while (12) Meeting the special needs of resources that the applicant plans to minimizing the duplication of those students living in urban and rural areas devote to the Center, including services; and the special needs of LEAs serving facilities, equipment, and supplies. (2) Consult with representatives of urban and rural areas; SUPPLEMENTARY INFORMATION: The SEAs, LEAs, and populations served (13) Integrating and coordinating Centers will assist client organizations through the ESEA; programs under ESEA with each other, in furthering their systemic reform and 32088 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices school restructuring efforts to improve • Region V—Alabama, Arkansas, schoolwide programs under Title I, educational services to students under Georgia, Louisiana, and Mississippi. section 1114 of the ESEA, and LEAs and the ESEA. The client organizations for • Region VI—Iowa, Michigan, BIA-funded schools with highest these centers are: States, local Minnesota, North Dakota, South Dakota percentages or numbers of children in educational agencies, schools, tribes, and Wisconsin. poverty. • Region VII—Illinois, Indiana, community-based organizations, and (c) Support from States, LEAs, and Kansas, Missouri, Nebraska and other recipients of funds under the tribes in the area to be served. ESEA. Oklahoma. The Department will enter into • Region VIII—Texas. (d) How the proposed Center will agreements with the centers for services • Region IX—Arizona, Colorado, ensure a fair distribution of services to that provide for cooperative working Nevada, New Mexico and Utah. urban and rural areas. • Region X—Idaho, Montana, Oregon, relationships with each other, with FOR APPLICATIONS PACKAGES OR Washington and Wyoming. client organizations and with the INFORMATION CONTACT: • Region XI—Northern California (all Arthur Cole, U.S. Department. There will be a transition Department of Education, 600 period of approximately six months in counties not included in Region XII). • Region XII—Southern California Independence Avenue SW., Portals which existing technical assistance Room 4500, Washington, D.C., 20202– centers funded under previous (counties: Los Angeles, San Bernadino, Orange, Riverside, San Diego, Imperial, 6140. Telephone (202) 358–0324. authorities in ESEA will continue to Internet comp—[email protected]. offer services. It is expected that the Mono, and Inyo). • Individuals who use a new centers will be fully operational Region XIII—Alaska. • telecommunications device for the deaf within six months of the funding date. Region XIV—Florida, Puerto Rico and Virgin Islands. (TDD) may call the Federal Information During this six-month period, existing • Relay Service (FIRS) at 1–800–877–8339 centers will be available to help the new Region XV—Hawaii, American Samoa, Guam, the Commonwealth of between 8:00 a.m. and 8:00 p.m., eastern centers identify needs, incorporate time, Monday through Friday. operational plans, and provide other the Northern Mariana Islands, the services that will aid the transition for Federated States of Micronesia, the Information about the Department’s the new centers to offer a full Republic of the Marshall Islands, and funding opportunities, including copies complement of services by March 31, the Republic of Palau. of application notices for discretionary 1996. Activities to foster a smooth In accordance with section grant competitions, can be viewed on transition may include joint meetings, 13101(b)(1), the Secretary ensures that the Department’s electronic bulletin briefings, information sharing, and any each comprehensive regional assistance board (ED Board), telephone (202) 260– other activities that will improve the center that serves a region with a 9950; or on the Internet Gopher Server ability of the newly funded centers to significant population of Indian or at GOPHER.ED.GOV (under serve the recipients of funds under Alaska Native students will be awarded Announcements, Bulletins, and Press ESEA. to a consortium that includes a tribally Releases). However, the official In accordance with section controlled community college or other application notice for a discretionary 13101(a)(2) of the ESEA, the Secretary Indian organization. Regions VI, VII, IX, grant competition is the notice has established the following regions for X and XIII have a significant population published in the Federal Register. of Indian or Alaska Natives. the comprehensive centers: Program Authority: 20 U.S.C. 8621–8625. • APPLICATION REQUIREMENTS: Each Region I—Connecticut, Maine, Dated: May 9, 1995. Massachusetts, New Hampshire, Rhode application must demonstrate the Thomas W. Payzant, Island and Vermont. following: • Region II—New York. (a) How the proposed Center will Assistant Secretary for Elementary and • Region III—Delaware, District of provide expertise and services in the Secondary Education. Columbia, Maryland, New Jersey, Ohio areas described in section 13102 of the Eugene E. Garcia, and Pennsylvania. ESEA. Director, Office of Bilingual Education and • Region IV—Kentucky, North (b) How the proposed Center will Minority Languages Affairs. Carolina, South Carolina, Tennessee, work with the National Diffusion [FR Doc. 95–14918 Filed 6–16–95; 8:45 am] Virginia and West Virginia. Network to conduct outreach to BILLING CODE 4000±01±P federal register June 19,1995 Monday Safe andDrug-FreeSchools;Notices Education Department of Part IV 32089 32090 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices DEPARTMENT OF EDUCATION Background An applicant must provide financial Evidence indicates that a small but or in-kind contributions (including, RIN 1810-ZA02 growing core of the student population where allowable, commitment or other finds that bringing a weapon to school Federal funds to the project), or at least Safe and Drug-Free Schools and is acceptable. A Centers for Disease 10 percent of the total cost of the first Communities Programs Control study reports that, in 1990, 1 in year of the project. An applicant’s 24 students carried a gun to school in contribution to the project in year two AGENCY: Department of Education. the 30 days before the study, and that must be 15 percent of the total second ACTION: Notice of final priority and by 1993 the incidence had risen to 1 in year project cost. Applicants other than selection criteria for fiscal year 1995. 12 students. Many of these youths will LEAs must include proof of be expelled from the classroom and will collaboration with an LEA as part of SUMMARY: The Secretary establishes a have no access to continuing their application for funding. final funding priority and selection educational services. While expulsion Applicants must offer proof that they criteria under the Safe and Drug-Free addresses the school’s need to provide have adopted, or, in the case of a Schools and Communities Federal a safe, secure environment for all its nonprofit agency applicant will adopt, a Activities Grants Program for fiscal year students, it does not address the policy requiring referral to the criminal (FY) 1995. The priority funds projects educational needs of students who are justice or juvenile delinquency system that establish, expand, or improve expelled for bringing a gun to school or of any student who brings a firearm to models for alternative education for engaging in other behavior that would an alternative education program students expelled from their regular lead to expulsion, nor does it address funded by this grant. education program. the long-range costs to the community Selection Criteria: In evaluating EFFECTIVE DATE: This priority and of permitting expelled youths to be applications for grants under this selection criteria take effect on July 19, unsupervised for prolonged periods of competition, the Secretary uses the 1995. time during the day. following criteria. Each criterion is An expelled student tends to exhibit assigned a maximum possible score FOR FURTHER INFORMATION CONTACT: alienation and rebelliousness toward indicated in parentheses. The Secretary Albert Macias, U.S. Department of society, a history of referrals for awards up to 100 points for all of the Education, Safe and Drug-Free Schools classroom disruption, and a criteria. Programs, 600 Independence Avenue, predisposition toward accepting (1) Need for the Project (15 points). SW, Portals Room 604, Washington, DC violence as an appropriate response to 20202–6123, telephone (202) 260–2823. The Secretary determines the extent personal problems. These attitudes and Individuals who use a to which the proposed project addresses behaviors can lead to more serious telecommunication device for the deaf a serious community problem involvement with law enforcement (TDD) may call the Federal Information illustrated by a large number or unless they are countered by Relay Service (FIRS) at 1–800–877–8339 percentage of students in the district appropriate interventions. that have been expelled from their between 8 a.m. and 8 p.m., Eastern time, In most circumstances, it is in the best Monday through Friday. regular educational program. The interest of the school and community to Secretary considers the extent to which SUPPLEMENTARY INFORMATION: The provide alternative services, promote the applicant— purpose of the Safe and Drug-Free high standards of learning, and (a) Identifies the specific educational, Schools and Communities Federal encourage the involvement of students, social, and behavioral needs of expelled Activities Grants Program is to support parents, and community groups in students; activities that promote achieving the helping to ensure that the student (b) Involves students, teachers and seventh National Education Goal, which becomes a responsible, contributing counselors, parents, and community states that, by the year 2000, all schools member of society. leaders in the needs assessment; and in America will be free of drugs and Note: This notice of final priority and violence and the unauthorized presence (c) Relates needs of expelled students, selection criteria does not solicit including academic, behavioral, and of firearms and alcohol, and offer a applications. A notice inviting applications disciplined environment conducive to under this competition is published in a social needs, to the proposed project learning. separate notice in this issue of the Federal objectives. The Secretary will award Register. (2) Approach (35 points). approximately 10 grants in FY 1995 for Priority: Under 34 CFR 75.105(c)(3) The Secretary determines the overall a period not to exceed two years to and 20 U.S.C. 7131, the Secretary gives quality and appropriateness of the public and private nonprofit absolute preference to applications that applicant’s plan to provide alternative organizations, including local meet the following priority. The educational services for youth expelled educational agencies (LEAs), Secretary funds under this competition from school, including the extent to institutions of higher education (IHEs), only applications that address the which the proposed project— and community-based organizations absolute priority. Applications that fail (a) Is based on research, including the (CBOs) to establish, expand, and to address the priority will not be causes of disruptive and antisocial improve model alternatives to expulsion reviewed or funded: behavior and educational strategies that programs. These grants must be used to Establish, expand, or improve model take into account of different styles of provide educational services to expelled projects of alternative education for learning; students consistent will all applicable youth who have been expelled from (b) Identifies measurable goals and civil rights laws and policies. their regular school program. An objectives for the project, such as the Contingent upon availability of funds, applicant must propose a project that number of students to be served and the the Secretary may make additional addresses both the academic needs of percentage of students who will awards in FY 1996 from the rank order expelled youth and the behaviors that successfully complete the program of applicants established from this lead to expulsion from the regular either by re-integration or through competition. school program. graduation; Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices 32091 (c) Includes an academic component (5) Evaluation of Project (20 Points). Intergovernmental Review: This that emphasizes high educational The Secretary determines the quality program is subject to the requirements standards for the expelled students; and thoroughness of the applicant’s of Executive Order 12372 and the (d) Includes educational practices and plant to evaluate the project. The regulation in 34 CFR Part 79. The strategies appropriate for the expelled Secretary considers— objective of the Executive order is to students and, where appropriate, (a) The extent to which the applicant foster an intergovernmental partnership includes job training and work force describes a plan to evaluate the long- and a strengthened federalism by readiness; and short-term outcomes of the program relying on the processes developed by (e) Describes the educational services (such as the percentage of students who State and local government for and activities to be provided, including are able to re-integrate into the regular coordination and review of proposed the length of time services will be school program and remain free of Federal financial assistance. provided for each student and the referrals for classroom disruption) and In accordance with this order, this number of hours per day for which the indicates in measurable terms document is intended to provide early program will operate, and indicates how appropriate indicators for assessment of notification of the Department’s specific these services will meet the educational, program implementation and impact; plans and actions for this program. behavioral, and social needs of expelled (b) The extent to which the applicant Program Authority: 20 U.S.C. 7131. students; provides an evaluation plan for the (Catalog of Federal Domestic Assistance (f) Details a plan for strong project that includes collection of Program Number 84.184b Safe and Drug-Free collaboration among schools, law baseline data and identifies and tracks Schools and Communities Act Federal enforcement agencies, CBOs, indicators that will show progress in Activities Grant Program) businesses, local service organizations, program implementation and attainment Dated: May 26, 1995. parent groups, and other agencies, of outcomes; Thomas W. Payzant, including a description of how they will (c) Provides for implementation of the Assistant Secretary for Elementary and participate in the program at every evaluation plan by an independent Secondary Education. stage; and evaluator; and (g) Proposes a plan for the active [FR Doc. 95–14919 Filed 6–16–95; 8:45 am] (d) The extent to which the applicant BILLING CODE 4000±01±M recruitment of all expelled students develops a plan for long-term tracking of within the project area and describes participants. how the selection of students to be [CFDA No.: 84.184B] served would be made. Waiver of Proposed Rulemaking Safe and Drug-Free Schools and (3) Staff Background (20 Points). In accordance with the The Secretary reviews each Communities Act Federal Activities Administrative Procedure Act (5 U.S.C. application to determine the skills, Grant Program 533), it is the practice of the Department abilities and educational background of of Education to offer interested parties key personnel the applicant plans to use Notice inviting applications for new the opportunity to comment on on the project. The Secretary awards for fiscal year (FY) 1995. proposed priorities. However, in order Purpose of Program: To fund projects considers— (a) The extent to which skills, to make timely grant awards in FY 1995, that establish, expand, or improve experience and educational background the Assistant Secretary, in accordance models for alternative education for of key staff are relevant to the objectives with section 437(d)(1) of the General students expelled from their regular of the project; Education Provisions Act, has decided education program. Eligible Applicants: Public and (b) The staff’s ability to manage the to issue this final priority and selection private nonprofit organizations, project effectively, including the ability criteria, which will apply only to the FY including local educational agencies, to provide educational services and 1995 grant competition. institutions of higher education, and coordinate with relevant community Executive Order 12866 community based organizations. agencies; Deadline for Transmittal of (c) The appropriateness of the ratio of This notice of final priority has been reviewed in accordance with Executive Applications: July 24, l995. staff to students proposed for the Deadline for Intergovernmental project; and Order 12866. Under the terms of the order the Secretary has assessed the Review: September 22, 1995. (d) The extent to which time Applications Available: June 21, l995. commitments are appropriate for the potential costs and benefits of this regulatory action. Available Funds: $3,500,000. responsibilities each staff member will Estimated Range of Awards: The potential costs associated with have. $300,000–$400,000. the notice of final priority are those (4) Budget (10 points). Estimated Average Size of Awards: resulting from statutory requirements The Secretary reviews each $350,000. application to determine that the and those determined by the Secretary Estimated Number of Awards: 10. project’s costs are reasonable in view of as necessary for administering this Project Period: Up to 24 months. the anticipated results and benefits. The program effectively and efficiently. Applicable Regulations: The Secretary considers— In assessing the potential costs and Education Department General (a) The cost of the proposed project in benefits—both quantitative and Administrative Regulations (EDGAR) in terms of the number of youth to be qualitative—of this notice of final 34 CFR Parts 74, 75 (except 75.210), 77, served by the project, the student-to- priority, the Secretary has determined 79, 80, 81, 82, 85 and 86. staff ratio proposed, and the facilities in that the benefits of the proposed final Priority: The priority in the notice of which the program will be offered; and priority justify the costs. final priority for this program, as (b) Evidence that the applicant can The Secretary has also determined published elsewhere in this issue of the and intends to generate the local that this regulatory action does not Federal Register, applies to this financial and in-kind support, service, unduly interfere with State, local and competition. and commitments required for this tribal governments in the exercise of Selection Criteria: The selection project. their governmental functions. criteria in the notice of final priority for 32092 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Notices this program, as published elsewhere in this issue of the Federal Register, applies to this competition. For Applications or Information Contact: Albert Macias, U.S. Department of Education, Safe and Drug-Free Schools Programs, 600 Independence Avenue, SW, Portals Room 604, Washington, DC 20202–6123. Telephone: (202) 260–2823. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1– 800–877–8339 between 8 a.m. and 8 p.m., Eastern time, Monday through Friday. Information about the Department’s funding opportunities, including copies of application notices for discretionary grant competitions, can be viewed on the Department’s electronic bulletin board (ED Board), telephone (202) 260– 9950; or on the Internet Gopher Server at GOPHER.ED.GOV (under Announcements, Bulletins, and Press Releases). However, the official application notice for a discretionary grant competition is the notice published in the Federal Register. Program Authority: 20 U.S.C. 7131. Dated: May 26, 1995. Thomas W. Payzant, Assistant Secretary for Elementary and Secondary Education. [FR Doc. 95–14920 Filed 6–16–95; 8:45 am] BILLING CODE 4000±01±P federal register June 19,1995 Monday Rule Pesticides; TechnicalAmendments;Final 40 CFRPart152,etal. Protection Agency Environmental Part V 32093 32094 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations ENVIRONMENTAL PROTECTION later date. In addition, a number of (a petition process, together with an AGENCY pesticide regulations are being administrative hearing process), the evaluated further for more significant bulk of regulations issued under the 40 CFR Parts 152, 153, 156, 157, 162, and far-reaching streamlining FFDCA consist of individual tolerances, 165, 172, 180, 185, 186 opportunities, including evaluating the exemptions or other clearances of requirements of the underlying pesticide chemicals in various foods [OPP±00409; FRL±4955±1] programs themselves as reflected in and feeds. Of approximately 250 pages Pesticides; Technical Amendments regulations. Elsewhere in today’s of regulations devoted to the FFDCA in Federal Register, EPA is issuing EPA’s pesticide regulations, procedural AGENCY: Environmental Protection additional regulatory revisions under regulations comprise only about 20 Agency (EPA). other statutes administered by the percent. In addition, there are a number ACTION: Final rule. Agency. of finding aids and indexes that catalog and cross-reference these regulations. SUMMARY: EPA is revising its pesticide II. Pesticide Regulations regulations by removing obsolete, EPA regulates pesticides under the III. Technical Changes to Pesticide superseded, expired and otherwise authority of two statutes, the Federal Regulations unnecessary sections from various parts Insecticide, Fungicide and Rodenticide EPA has identified a number of of its regulations. These technical Act (FIFRA), which regulates the sale, technical amendments that can be made amendments will simplify and distribution and use of pesticides in the to its pesticide regulations at this time. condense the regulations, and reduce United States, and the Federal Food, For the most part, these consist of regulatory burdens, without loss of Drug and Cosmetic Act (FFDCA), which deletions of superseded or outmoded health and environmental protection. regulates, among other things, pesticide requirements, deletion of unnecessary EPA is also making associated revisions residues in food and feed. Pesticide material that conveys only guidance or to cross-references reflecting the regulations administered by EPA are information, but not regulatory deletion of regulations. This final rule is located in 40 CFR parts 150–189, and requirements, deletion of regulations a technical amendment for which notice comprise approximately 525 pages in that are not required by law, or simple and comment are unnecessary. the Code of Federal Regulations. formatting changes to consolidate and DATES: These amendments are effective clarify requirements. These changes are August 18, 1995. A. The Federal Insecticide, Fungicide described in this Unit. FOR FURTHER INFORMATION CONTACT: Jean and Rodenticide Act M. Frane, Policy and Special Projects Because FIFRA is a licensing statute, A. Part 152 - Pesticide Registration and Staff (7501C), Office of Pesticide its regulations are, in significant part, Classification Procedures Programs, Environmental Protection procedural in nature. They describe Part 152 contains procedural Agency, 401 M St., SW., Washington, how pesticide registrants and other regulations for registration. EPA is DC 20460. Office location, telephone persons must interact with EPA to modifying this part as follows: number and e-mail address: Rm. 1113, obtain and maintain permission to 1. Reregistration. Subpart D contains CM #2, 1921 Jefferson Davis Highway, market and use pesticides without procedural requirements for Arlington, VA., (703) 305–5944, causing unreasonable adverse effects on reregistration of pesticides. Shortly after [email protected]. man or the environment, and the these regulations were promulgated in SUPPLEMENTARY INFORMATION policies that EPA will use in 1988, Congress amended FIFRA (the administering these licensing programs. amended law is commonly referred to as I. Background Substantive requirements affecting ‘‘FIFRA–88’’), establishing a detailed set On March 16, 1995, President Clinton pesticide sale, distribution or use, for of requirements for reregistration. This announced a new initiative under the most part, are not issued in subpart has therefore been superseded. which EPA (and other Agencies) would regulatory form, but are incorporated 2. Amendment or notification to review all existing regulations. The into the registration and other licensing change active ingredient source. Section Regulatory Reinvention initiative is decisions that EPA makes. Because most 152.85(c), promulgated in 1984, requires intended to identify opportunities for of its regulations are procedural, EPA that registrants who wish to change streamlining, simplifying, reducing believes that few pesticide regulations from one registered source of active reporting and recordkeeping burdens, under FIFRA can be removed or ingredient to another must submit an and promoting partnerships and substantially modified without application for amended registration. stakeholder involvement in EPA interfering with efficient administration Section 152.46(a)(4), promulgated in regulation review. of the programs they describe. Similarly, 1988, permits such a change by simple As a result of the President’s many of the recordkeeping and notification to the Agency. EPA is Regulatory Reinvention review, EPA has reporting burdens associated with these clarifying these conflicting sections by reviewed each of its pesticide regulations are necessary simply for deleting the requirement in § 152.85(c) regulations and identified provisions pesticide producers, registrants and for an amended registration and that should be removed, revised, or others to deal with EPA in licensing retaining the notification requirement. evaluated further for streamlining and matters. 3. Voluntary cancellation. Section 6(f) simplification. This final rule of FIFRA–88 established new accomplishes a number of changes, B. The Federal Food, Drug and Cosmetic procedures for registrants and EPA to primarily deletions, that do not require Act effect voluntary cancellations of notice and comment under the By contrast, the FFDCA broadly registration. The current regulation in Administrative Procedure Act (APA). requires EPA to regulate pesticide 40 CFR 152.138 is therefore incomplete This is the first in a series of notices residues in food and feed, to ensure that and no longer reflects the procedures intended to accomplish the goals of the the American public is protected against EPA uses. Rather than continue Regulatory Reinvention initiative. Other harmful residues in its food supply. regulations that are incomplete, EPA is modifications to regulations will be Although some procedural regulations deleting parts of these regulations, and proposed for notice and comment at a are necessary to administer the program moving still-current material on Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations 32095 supplemental distributor products into products. The listing is still valid, and for such disposal. EPA has completed § 152.132. EPA intends to continue to use it as the the disposal of all pesticides for which 4. Actions affecting registration. basis for inert ingredient it was responsible under these Subpart H of part 152 describes the determinations, but EPA believes that regulations and subpart B is no longer various types of actions that are the list can be more efficiently updated needed. Subparts C and D contain associated with registration, and refers informally by the Agency outside of the recommended procedures for storage readers to other parts of the regulations regulations. EPA intends to maintain the and disposal of pesticides and for elaboration of those requirements. list within the Agency, and make it containers. These subparts were Since this material is largely available as needed to registrants. superseded by the passage of the informational and guidance, it is not Accordingly, EPA is deleting § 153.139. Resource Conservation and Recovery necessary in regulations and is being 3. Coloration of pesticides. Subpart H Act in 1976. Moreover, FIFRA section deleted. addresses the circumstances when 19 contains new authority for EPA in 5. Obsolete restricted use chemicals. pesticide products must be colored or the area of pesticide storage and Section 152.175 contains a list of discolored. The individual pesticides disposal, and regulations under current pesticides that have been restricted by listed in this subpart (arsenicals and section 19 have been proposed that regulation. These were promulgated fluosilicate compounds) are no longer would replace part 165. Accordingly, originally between 1978 and 1981 and a registered and not sold for pesticide use. EPA is deleting part 165. number of the chemicals are no longer Accordingly, EPA is deleting four registered. EPA is deleting obsolete sections in this subpart requiring E. Part 172 - Experimental Use Permits listings for 16 pesticides from § 152.175. coloration or discoloration of individual This part describes the procedures for 6. Intrastate pesticide products. pesticide products. EPA is also revising applying for and obtaining an Subpart L describes requirements § 153.140 to delete references to the experimental use permit under FIFRA applicable to the conversion of coloration system. EPA will retain section 5. The holder of an experimental intrastate pesticide products to § 153.155 which requires that seed use permit is required by § 172.8 to Federally-registered products. FIFRA as treatment products be colored with an submit quarterly progress reports on his enacted in 1972 no longer permitted EPA-approved dye to avoid the or her experimental work, and a final pesticides to be registered solely by possibility that treated seeds may be report. EPA finds that the quarterly States; Federal registration was inadvertently used as animal feed. progress reports are not needed, and required. 4. Devices. Subpart M contains a rarely used by the Agency, and is The process of converting these listing of FIFRA requirements pertaining deleting the requirement for such products began in 1972 and by 1988 was to pesticide devices. Although not reports contained in § 172.8(b)(1). The winding down. Subpart L permitted required to be registered, devices are final report, however, required by continued sale and distribution of subject to a variety of requirements, § 172.8(b)(2) is being retained: the intrastate products until EPA could such as labeling, and compliance information required in the final report determine the acceptability of their activities such as recordkeeping and is used to evaluate the experimental Federal registration. EPA believes that registration of establishments. This program and the data generated during all intrastate products have been section simply refers the reader to those the program are used in future converted or are no longer being requirements in FIFRA and the determinations on the registrability of marketed. Accordingly, EPA is deleting regulations that apply to devices. Even the pesticide. subpart L. though individually these requirements are stated elsewhere, EPA believes that F. Parts 180, 185, and 186 - Pesticide B. Subpart 153 - Registration Policies Tolerances and Interpretations the compilation of requirements in a single location is useful to the regulated These three parts contain listings of This part contains various non- industry. EPA is transferring the individual tolerances for raw foods, procedural policies and interpretations material, however, into part 152 as processed foods, and processed animal that are associated with registration. subpart Z. feeds, respectively. Some of these EPA is modifying this part as follows: tolerances are time-limited and have C. Part 157 - Packaging Requirements 1. Reporting of adverse effects expired. EPA is deleting expired time- for Pesticides and Devices information. Subpart D of part 153 limited tolerances from various (promulgated in 1985) contains a set of This part, promulgated in 1986, regulations in these parts. regulations implementing FIFRA section consists solely of requirements for 6(a)(2), describing when and how child-resistant packaging at this time. IV. Effect of Deletion of Regulations registrants must report adverse effects EPA is removing § 157.39, which stated The removal or modification of these information to the Agency. Although the compliance date for the rule, now regulatory provisions from the Code of promulgated in 1985, this subpart has past. Federal Regulations is not intended to never been made effective, and EPA is affect the status of any civil or criminal D. Part 165 - Regulations for the currently preparing to promulgate an actions initiated prior to June 19, 1995, Acceptance of Certain Pesticides and updated adverse effects reporting rule, or which may be initiated in the future Recommended Procedures for the which will be clearer, simpler, and to redress violations of the rules that Disposal and Storage of Pesticides and contain reduced reporting requirements. occurred when the rules were still Pesticide Containers Because subpart D is not effective, and legally in effect. in anticipation of a replacement This part, promulgated in 1974, regulation being issued, EPA is deleting addresses two discrete topics. Subpart B V. Good Cause Exemption From Notice subpart D. contains regulations under which EPA and Comment Rulemaking Procedures 2. Inert ingredients in antimicrobial was required to accept for disposal The Administrative Procedure Act products. Section 153.139 contains a list pesticides that were both suspended generally requires agencies to provide of chemicals that EPA has determined and canceled. Subsequent to prior notice and opportunity for public generally to be inert (as opposed to promulgation, FIFRA-88 transferred to comments before issuing a final rule. pesticidally active) in antimicrobial pesticide registrants the responsibility Rules are exempt from the requirement 32096 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations if the agency finds for good cause that Pesticides and pests, Reporting and hydrocyanic acid, mevinphos, notice and comment are unnecessary. recordkeeping requirements, Research. monocrotophos, phosacetim and TEPP For the reasons discussed in Unit III of Dated: June 14, 1995. are removed. this preamble, EPA has determined that providing prior notice and opportunity Lynn R. Goldman, Subpart L [Removed and Reserved] for comment on the modification or k. Subpart L, consisting of §§ 152.220 Assistant Administrator for Prevention, through 152.230, is removed and deletion from the CFR of these rules is Pesticides and Toxic Substances. unnecessary. reserved. Therefore, under the Administrator’s VI. Regulatory Assessment authority, 7 U.S.C. 136 et seq. and 21 Subpart Z to part 152 [Redesignated Requirements U.S.C. 346 et seq., title 40, chapter I of From Subpart M to Part 153] A. Executive Order 12866 the Code of Federal Regulations, is l. Subpart Z entitled Devices, is amended as follows: redesignated from subpart M, part 153. Under Executive Order 12866, the 1. In part 152: Subpart Z consists of § 152.500 which is Agency must determine whether the redesignated from § 153.240. regulatory action is ‘‘significant’’ and PART 152Ð[AMENDED] 2. In part 153: therefore subject to review by the Office of Management and Budget (OMB) and a. The authority citation continues to PART 153Ð[AMENDED] the requirements of the Executive Order. read as follows: Under section 3(f), the order defines a Authority: 7 U.S.C. 136–136y; Subpart U is a. The authority citation is revised to ‘‘significant regulatory action’’ as an also issued under 31 U.S.C. 9701. read as follows: action that is likely to result in a rule Authority: 7 U.S.C. 136w. § 152.1 [Amended] (1) having an annual effect on the economy of $100 million or more, or b. Section 152.1 is amended by Subpart D [Removed and Reserved] adversely and materially affecting a removing the last sentence. b. Subpart D, consisting of §§ 153.61 section of the economy, productivity, through 153.78, is removed and competition, jobs, the environmental, § 152.50 [Amended] reserved. public health or safety, or State, local or c. In § 152.50, paragraph (f)(3) is tribal governments or communities (also amended by removing the last sentence. § 153.125 [Amended] referred to as ‘‘economically c. In § 153.125, by removing the Subpart D [Removed and Reserved] significant’’); (2) creating serious parenthetical text ‘‘(including those inconsistency or otherwise interfering d. Subpart D, consisting of §§ 152.60 listed in § 153.139),’’ from paragraph (b) with an action taken or planned by through 152.70, is removed and and by removing paragraph (c) and by another agency; (3) materially altering reserved. redesignating paragraphs (d) and (e) as the budgetary impacts of entitlement, paragraphs (c) and (d), respectively. § 152.85 [Amended] grants, user fees, or loan programs; or (4) raising novel legal or policy issues e. In § 152.85, paragraph (c) is §§ 153.139, 153.142, 153.145, 153.150, arising out of legal mandates, the amended by removing the second and 153.158 [Removed] President’s priorities, or the principles sentence. d. Sections 153.139, 153.142, 153.145, set forth in this Executive Order. 153.150, and 153.158 are removed. § 152.115 [Amended] Under the terms of this Executive e. Section 153.140 is revised to read Order, it has been determined that this f. In § 152.115(d), the words ‘‘and as follows: rule is not ‘‘significant’’ and is therefore § 152.148’’ are removed. not subject to OMB review. § 153.140 General. § 152.125 [Amended] Section 25(c)(5) of the Act authorizes B. Regulatory Flexibility Act g. In § 152.125, the words ‘‘and the Administrator to prescribe Under the Regulatory Flexibility Act subpart D of part 153 of this chapter’’ regulations requiring coloration or (RFA) (5 U.S.C. 605(b)), EPA has are removed. discoloration of any pesticide if the determined that this is not a significant Administrator determines that such regulation. These amendments lessen § 152.132 [Amended] requirements are feasible and necessary burdens rather than add burdens; § 152.138 [Partially Redesignated and for the protection of health and the therefore review under the RFA is not Removed] environment. This subpart describes required. those pesticide products which must be h. Section § 152.138 is amended by colored or discolored. C. Paperwork Reduction Act redesignating paragraph (c) as paragraph This rule contains no information (e) of § 152.132, and by removing the Subpart M to part 153 [Redesignated] collection requirements, and, therefore remainder of § 152.138. f. Subpart M and § 153.240 are is not required to be reviewed under the Subpart H [Removed and Reserved] redesignated as Subpart Z in part 152 provisions of the Paperwork Reduction and § 152.500, respectively. Act, 44 U.S.C. 3501 et seq. i. Subpart H, consisting of §§ 152.140 3. In part 156: through 152.159, is removed and List of Subjects in 40 CFR Parts 152, reserved. PART 156Ð[AMENDED] 153, 156, 157, 162, 165, 172, 180, 185, 186 § 152.175 [Amended] a. The authority citation continues to Environmental protection, j. In the table in § 152.175, the read as follows: Administrative practice and procedure, complete entries for acrylonitrile, allyl Authority: 7 U.S.C. 136–136y. Agricultural commodities, Animal alcohol, calcium cyanide, feeds, Food additives, Infants and chlorfenvinphos, cycloheximide, § 156.10 [Amended] children, Intergovernmental relations, demeton, dioxathion, endrin, EPN, b. In § 156.10 paragraph (a)(5) Labeling, Packaging and containers, fensulfothion, fluoracetamide/1081, introductory text is amended by Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations 32097 changing the reference to ‘‘§ 153.240’’ to of part 163 of this chapter,’’ is revised (1) Disposed of in accordance with a read ‘‘§ 152.500’’. to read ‘‘part 152 of this chapter,’’ and disposal plan approved as part of the 4. In part 157: in paragraph (d) the reference to experimental program; or ‘‘subpart A and of part 163’’, is revised PART 157Ð[AMENDED] (2) Returned to the permittee for to read ‘‘part 152 of this chapter’’. storage or disposal in accordance with a. The authority citation is revised to PART 165Ð[REMOVED] the requirements of RCRA and rules read as follows: there under; or Authority: 7 U.S.C. 136w. 6. Part 165 is removed. * * * * * 7. In part 172: § 157.39 [Removed] 8. In part 180: b. Section 157.39 is removed. PART 172Ð[AMENDED] 5. In part 162: PART 180Ð[AMENDED] a. The authority citation is revised to PART 162Ð[AMENDED] read as follows: a. The authority citation continues to read as follows: a. The authority citation for subpart D Authority: 7 U.S.C. 136c, 136w. Section is revised to read as follows: 172.4 is also issued under 31 U.S.C. 9701. Authority: 21 U.S.C. 346a and 371. Authority: 7 U.S.C. 136v, 136w. § 172.8 [Amended] b. Section 180.115 is revised to read as follows: § 162.150 [Amended] b. In § 172.8, paragraph (b)(1) is b. In § 162.150, paragraph (b) is removed and reserved. § 180.115 Zineb; tolerances for residues. amended by removing the third c. In § 172.25, by revising paragraphs Tolerances for residues of the sentence. (g)(1) and (g)(2) to read as follows: fungicide zineb (zinc ethylene § 162.153 [Amended] § 172.25 Administration of State programs. bisdithiocarbamate) in or on raw c. In § 162.153, paragraph (c)(2), the * * * * * agricultural commodities are established reference to ‘‘subpart A of this part, and (g) * * * as follows: Parts Per Commodity million Expiration date Grapes (wine use only)1 ...... 7 December 31, 1997 1 Wine grapes grown for wine vintage years 1992 (Northern Hemisphere), 1993 (Southern Hemisphere), and earlier. §§ 180.246, 180.285, and 180.1005 PART 185Ð[AMENDED] Authority: 21 U.S.C. 348. [Removed] a. The authority citation continues to §§ 186.400, 186.750, 186.3415, c. Sections 180.246, 180.285, and read as follows: 186.4725, and 186.5225 [Removed] 180.1005 are removed. Authority: 21 U.S.C. 346a and 348. b. Sections 186.400, 186.750, § 180.319 [Amended] § 185.2275 [Removed] 186.3415, 186.4725, and 186.5225 are d. In the table in § 180.319, the entire b. Section 185.2275 is removed. removed. entries for ‘‘sodium arsenite’’ and ‘‘zineb (zinc ethylene § 185.2700 [Amended] § 186.2275 [Amended] bisdithiocarbamate)’’ are removed. c. In § 185.2700, by removing the c. In § 186.2275, by removing the designation for paragraph (a), and by designation for paragraph (a) and by § 180.320 [Amended] removing paragraphs (b) and (c). removing paragraph (b). 10. In part 186: e. In § 180.320, by removing the [FR Doc. 95–14911 Filed 6–16–95; 8:45 am] designation for paragraph (a) and by PART 186Ð[AMENDED] BILLING CODE 6560±50±F removing paragraph (b). a. The authority citation continues to 9. In part 185: read as follows: i Reader Aids Federal Register Vol. 60, No. 117 Monday, June 19, 1995 INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING JUNE Federal Register At the end of each month, the Office of the Federal Register Index, finding aids & general information 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which Public inspection announcement line 523±5215 lists parts and sections affected by documents published since the Corrections to published documents 523±5237 revision date of each title. Document drafting information 523±3187 Machine readable documents 523±4534 3 CFR 1220...... 29960 Executive Orders: 1230...... 29962 Code of Federal Regulations 12962...... 30769 1413...... 31623 Index, finding aids & general information 523±5227 12963...... 31905 1427...... 31623 1468...... 28522 Printing schedules 523±3419 Proclamations: Proposed Rules: Laws 6806...... 28509 6807...... 29957 2...... 31766 Public Laws Update Service (numbers, dates, etc.) 523±6641 6808...... 31227 273...... 29767 Additional information 523±5230 6809...... 31369 335...... 31647 959...... 30794 Administrative Orders: Presidential Documents 982...... 30170 Memorandums: Executive orders and proclamations 523±5230 984...... 28744 June 6, 1995...... 30771 1046...... 31418 Public Papers of the Presidents 523±5230 Presidential Determinations: Weekly Compilation of Presidential Documents 523±5230 1126...... 28745 No. 95±21 of May 16, 1150...... 30013 The United States Government Manual 1995 ...... 28699 1280...... 28747 No. 95±22 of May 19, General information 523±5230 1995 ...... 29463 8 CFR Other Services No. 95±23 of June 2, 3...... 29467, 29469 1995 ...... 31047 Data base and machine readable specifications 523±4534 204...... 29751 No. 95±24 of June 2, Guide to Record Retention Requirements 523±3187 238...... 30457 1995 ...... 31049 Legal staff 523±4534 Proposed Rules: No. 95±25 of June 5, Privacy Act Compilation 523±3187 204...... 29771 1995 ...... 31051 Public Laws Update Service (PLUS) 523±6641 9 CFR TDD for the hearing impaired 523±5229 5 CFR Proposed Rules: 870...... 31371 3...... 28834 ELECTRONIC BULLETIN BOARD 871...... 31371 98...... 29781 Free Electronic Bulletin Board service for Public Law 872...... 31371 130...... 30157 numbers, Federal Register finding aids, and list of 873...... 31371 201...... 29506 documents on public inspection. 202±275±0920 874...... 31371 308...... 28547 890...... 28511 310...... 28547 FAX-ON-DEMAND 4001...... 30773 318...... 28547 You may access our Fax-On-Demand service. You only need a fax 4101...... 30778 320...... 28547 machine and there is no charge for the service except for long Proposed Rules: 325...... 28547 distance telephone charges the user may incur. The list of 1320...... 30438 326...... 28547 documents on public inspection and the daily Federal Register’s 2635...... 31415 327...... 28547 table of contents are available using this service. The document 381...... 28547 numbers are 7050-Public Inspection list and 7051-Table of 7 CFR Contents list. The public inspection list will be updated Ch. VI...... 28511 10 CFR immediately for documents filed on an emergency basis. 210...... 31188 440...... 29469 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 220...... 31188 Proposed Rules: FILE AND NOT THE ACTUAL DOCUMENT. Documents on 319...... 30157 50...... 29784 public inspection may be viewed and copied in our office located 401...... 29749, 29959 490...... 30795 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 443...... 29959 telephone number is: 301±713±6905 457...... 29959, 31375 11 CFR 620...... 28511 104...... 31381 FEDERAL REGISTER PAGES AND DATES, JUNE 802...... 31907 106...... 31854 916...... 30994 110...... 31381 917...... 30994 114...... 31381 28509±28700...... 1 30773±31046...... 12 945...... 29724 9002...... 31854 28701±29462...... 2 31047±31226...... 13 947...... 29750 9003...... 31854 953...... 28701 9004...... 31854 29463±29748...... 5 31227±31370...... 14 971...... 31229 9006...... 31854 29749±29958...... 6 31371±31622...... 15 981...... 28520 9007...... 31854 29959±30182...... 7 31623±31906...... 16 985 ...... 30783, 30785, 30786 9008...... 31854 1007...... 29436 9032...... 31854 30183±30456...... 8 31907±32098...... 19 1093...... 29436 9033...... 31854 30457±30772...... 9 1094...... 29436 9034...... 31854 1096...... 29436 9036...... 31854 1099...... 29465 9037...... 31854 1108...... 29436 9038...... 31854 ii Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Reader Aids 9039...... 31854 15 CFR 28 CFR 111...... 30714 Proposed Rules: 0...... 31244 501...... 30714 12 CFR 792...... 30030 16...... 30467 Proposed Rules: 19...... 30183 265...... 29806 202...... 29965 16 CFR 29 CFR 40 CFR 215...... 31053 305...... 31077 2619...... 31404 226...... 29969 2676...... 31404 9...... 29954 Proposed Rules: 51...... 31633 303...... 31382 310...... 30406 Proposed Rules: 304...... 31382 4...... 31660 52 ...... 28720, 28726, 28729, 409...... 28554 29484, 29763, 30189, 31081, 308...... 31382 1307...... 29518 1926...... 30488 309...... 31382 31084, 31086, 31087, 31088, 324...... 31382 17 CFR 30 CFR 31090, 31411, 31412, 31912, 31915, 31917 337...... 31382 30...... 30462 11...... 30398 341...... 31382 49...... 30398 61...... 31917 200...... 28717 62...... 31090 343...... 31382 240...... 28717 56...... 30398 346...... 31382 57...... 30398 63...... 29484 361...... 31382 Proposed Rules: 58...... 30398 70...... 30192, 31637 362...... 31382 17...... 31653 70...... 30398 81...... 30789, 31917 82...... 31092 601...... 30778 18 CFR 72...... 30398 701...... 31910 75...... 30398 117...... 30926 152...... 32094 747...... 31910 284...... 30186 886...... 29756 153...... 32094 790...... 31910, 31911 381...... 31389 Proposed Rules: 156...... 32094 792...... 31910 803...... 31391 Ch. II ...... 31126 157...... 32094 1401...... 30773 804...... 31391 Ch. VII...... 29521 805...... 31391 162...... 32094 Proposed Rules: 56...... 30488, 30491 Proposed Rules: 165...... 32094 203...... 30013 57...... 30488, 30491 172...... 32094 615...... 30470 141...... 31428 211...... 30492 357...... 31262 180 ...... 31252, 31253, 31255, 620...... 30470 926...... 29521 32094 1750...... 30201 382...... 31262 935...... 31661 388...... 31428 185...... 32094 950...... 31265 186...... 32094 13 CFR 19 CFR 31 CFR 261...... 31107, 31115 121...... 29969 271 ...... 28539, 29992, 31642 124...... 29969 Proposed Rules: 0...... 28535 300...... 31414 130...... 31054 10...... 29520 1...... 31631 302...... 30926 12...... 29520 355...... 30926 Proposed Rules: 102...... 29520 32 CFR 123...... 31121 372...... 31643 134...... 29520 254...... 30188 704...... 31917 706...... 31351 14 CFR 177...... 29520 710...... 31917 Proposed Rules: 712...... 31917 1...... 30744 20 CFR 311...... 31266 721...... 30468 25...... 30744, 31384 200...... 29983 762...... 31917 39 ...... 28524, 28525, 28527, 33 CFR 320...... 28534 763...... 31917 28529, 28702, 28715, 29978, Proposed Rules: 100...... 29756, 29757 766...... 31917 29979, 29981, 29982, 30184, 404...... 28767, 30482 110...... 29758 790...... 31917 31063, 31065, 31067, 31069, 410...... 28767 117...... 29760, 31246 795...... 31917 31071, 31073, 31075, 31230, 416...... 30482 164...... 28834 796...... 31917 31232, 31234, 31236, 31240, 165 ...... 29761, 29762, 30157, 797...... 31917 31242, 31386, 31387, 31388, 21 CFR 31247, 31248, 31249, 31407, 798...... 31917 31624, 31626, 31628, 31629 31408, 31409 799...... 31917 71 ...... 28531, 28716, 30458, 101...... 30788 Proposed Rules: Proposed Rules: 31630, 31631 178...... 31243 510...... 29754 1...... 31267 Ch. I ...... 30506 91...... 31608 117...... 29804 52 ...... 28557, 28772, 28773, 97 ...... 28531, 28532, 30459, 522 ...... 29754, 29984, 29985 558 ...... 29481, 29482, 29483 401...... 31429 29809, 30217, 31127, 31128, 30460 31433, 31933, 31934 121...... 29753 1220...... 29986 34 CFR 1308...... 28718 55...... 31128 125...... 29753 674...... 31410 62...... 31128 127...... 29753 Proposed Rules: 682...... 30788, 31410 54...... 29801 63...... 30801, 30817 129...... 29753 690...... 30788 182...... 28555 70...... 29809, 30037 135...... 29753, 31608 Proposed Rules: 80...... 31269 Proposed Rules: 186...... 28555 872...... 30032 700...... 30160 81 ...... 30046, 31433, 31934 25 ...... 28547, 28550, 30019 180...... 30048 36 CFR 39 ...... 28761, 28763, 29511, 22 CFR 257...... 30964 29513, 29795, 29797, 29800, 1236...... 29989 261...... 30964 30208, 30471, 30474, 30476, 21...... 29987 242...... 31542 271...... 30964 41...... 30188 30797, 30798, 31122, 31124, Proposed Rules: 300...... 29814, 31440 502...... 29988 31419, 31421, 31648, 31649, 13...... 29523, 29532 455...... 30217 31651, 31932 23 CFR 721...... 30050 71 ...... 28551, 28764, 30027, 37 CFR 41 CFR 30028, 30029, 30478, 30479, Proposed Rules: Proposed Rules: 30480, 30481, 31423, 31424 655...... 31008 1...... 30157 Proposed Rules: 73 ...... 28552, 31425, 31426 201±9...... 28560 91...... 30690 26 CFR 38 CFR 42 CFR 121...... 30690 301...... 28719 3...... 31250 125...... 30690 Proposed Rules: 84...... 30336 135...... 28765, 30690 1...... 30487, 31660 39 CFR Proposed Rules: 234...... 29514 301...... 30211, 30487 20...... 30702 412...... 29202 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Reader Aids iii 413...... 29202 63...... 31924 252...... 29491 49 CFR 424...... 29202 64...... 29489 253...... 29491 1...... 30195 485...... 29202 65...... 28542 915...... 30002 218...... 30469 489...... 29202 73 ...... 29491, 31256, 31257, 931...... 30002 571...... 30006, 30196 31258, 31927, 31928, 31929, 933...... 28737 43 CFR 31930, 31931 942...... 30002 1023...... 30011 Public Land Order: 74...... 28546 951...... 30002 Proposed Rules: 7143...... 28540 Proposed Rules: 952...... 30002 531...... 31937 7144...... 28541 0...... 29535 970...... 28737, 30002 564...... 31939 7145...... 28541 1...... 31351 1404...... 30792 571 ...... 28561, 30506, 30696, 7146...... 28731 32...... 30058 1405...... 30792 30820, 31132, 31135, 31939, Proposed Rules: 36...... 30059 1406...... 30792 31946, 31947 11...... 28773 61...... 28774 1407...... 30792 1409...... 30792 426...... 29532 64...... 28774 50 CFR 427...... 29532 69...... 31274 1410...... 30792 3100...... 31663 73 ...... 29816, 29817, 30506, 1413...... 30792 17...... 29914 3150...... 31935 30819, 31277, 31278 1414...... 30792 18...... 31258 76...... 29533 1419...... 30792 100...... 31542 44 CFR 80...... 28775, 29535 1420...... 30792 227...... 28741 64...... 28732 1424...... 30792 301...... 31260 65...... 29993, 29995 48 CFR 1432...... 30792 625...... 30923 67...... 29997 202...... 29491 1433...... 30792 651...... 30157 Proposed Rules: 203...... 29491 1436...... 30792 672 ...... 29505, 30199, 30200 65...... 31442 206...... 29491 1437...... 30792 675...... 30792 1442...... 30792 67...... 30052 207...... 29491 Proposed Rules: 1831...... 29504 209...... 29491 17 ...... 29537, 30825, 30826, 45 CFR 1852...... 29504 215...... 29491 30827, 30828, 31000, 31137, 1357...... 28735 217...... 29491 Proposed Rules: 31444, 31663 219...... 29491 4...... 31935 Proposed Rules: 20...... 31356, 31990 225...... 29491 9...... 30258 Ch. VII...... 30058 32...... 30686 226...... 29491 12...... 31935 1310...... 31612 216...... 31666 228...... 29491 14...... 31935 46 CFR 231...... 29491 15...... 31935 227...... 30263, 31696 67...... 31602 232...... 29491 16...... 31935 229...... 31666 68...... 31602 235...... 29491 31...... 31935 285...... 28776 69...... 31602 237...... 29491 33...... 31935 630...... 29543 501...... 30791 242...... 29491 36...... 31935 646...... 31949 244...... 29491 45...... 31935 649...... 29818 47 CFR 245...... 29491 46...... 31935 650...... 29818 0...... 30002, 31255 247...... 29491 49...... 31935 651...... 29818 43...... 29485 249...... 29491 52...... 31935 652...... 31279 61...... 29488 251...... 29491 53...... 31935 659...... 31949 iv Federal Register / Vol. 60, No. 117/ Monday, June 19, 1995 / Reader Aids CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–026–00042–5) ...... 33.00 Jan. 1, 1995 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–026–00043–3) ...... 27.00 Jan. 1, 1995 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–026–00044–1) ...... 13.00 Jan. 1, 1995 numbers, prices, and revision dates. 200–1199 ...... (869–026–00045–0) ...... 23.00 Jan. 1, 1995 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–026–00046–8) ...... 16.00 Jan. 1, 1995 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–026–00047–6) ...... 15.00 Jan. 1, 1995 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–026–00048–4) ...... 26.00 Jan. 1, 1995 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–026–00049–2) ...... 21.00 Jan. 1, 1995 Affected), which is revised monthly. 16 Parts: The annual rate for subscription to all revised volumes is $883.00 0–149 ...... (869–026–00050–6) ...... 7.00 Jan. 1, 1995 domestic, $220.75 additional for foreign mailing. 150–999 ...... (869–026–00051–4) ...... 19.00 Jan. 1, 1995 Mail orders to the Superintendent of Documents, Attn: New Orders, 1000–End ...... (869–026–00052–2) ...... 25.00 Jan. 1, 1995 P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be accompanied by remittance (check, money order, GPO Deposit 17 Parts: Account, VISA, or Master Card). Charge orders may be telephoned 1–199 ...... (869–022–00054–3) ...... 20.00 Apr. 1, 1994 ...... to the GPO Order Desk, Monday through Friday, at (202) 512±1800 200–239 (869–022–00055–1) 23.00 Apr. 1, 1994 ...... from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your charge orders 240–End (869–022–00056–0) 30.00 Apr. 1, 1994 to (202) 512-2233. 18 Parts: Title Stock Number Price Revision Date 1–149 ...... (869–026–00057–3) ...... 16.00 Apr. 1, 1995 150–279 ...... (869–026–00058–1) ...... 13.00 Apr. 1, 1995 1, 2 (2 Reserved) ...... (869–026–00001–8) ...... $5.00 Jan. 1, 1995 *280–399 ...... (869–026–00059–0) ...... 13.00 Apr. 1, 1995 3 (1994 Compilation 400–End ...... (869–022–00060–8) ...... 11.00 Apr. 1, 1994 and Parts 100 and 19 Parts: 1 101) ...... (869–026–00002–6) ...... 40.00 Jan. 1, 1995 1–140 ...... (869–026–00061–1) ...... 25.00 April 1, 1995 4 ...... (869–026–00003–4) ...... 5.50 Jan. 1, 1995 *140–199 ...... (869–026–00062–0) ...... 21.00 Apr. 1, 1995 200–End ...... (869–026–00063–8) ...... 12.00 Apr. 1, 1995 5 Parts: 1–699 ...... (869–026–00004–2) ...... 23.00 Jan. 1, 1995 20 Parts: 700–1199 ...... (869–026–00005–1) ...... 20.00 Jan. 1, 1995 1–399 ...... (869–026–00064–6) ...... 20.00 Apr. 1, 1995 1200–End, 6 (6 400–499 ...... (869–022–00064–1) ...... 34.00 Apr. 1, 1994 Reserved) ...... (869–026–00006–9) ...... 23.00 Jan. 1, 1995 500–End ...... (869–026–00066–2) ...... 34.00 Apr. 1, 1995 7 Parts: 21 Parts: 0–26 ...... (869–026–00007–7) ...... 21.00 Jan. 1, 1995 1–99 ...... (869–022–00066–7) ...... 16.00 Apr. 1, 1994 27–45 ...... (869–026–00008–5) ...... 14.00 Jan. 1, 1995 100–169 ...... (869–022–00067–5) ...... 21.00 Apr. 1, 1994 46–51 ...... (869–026–00009–3) ...... 21.00 Jan. 1, 1995 170–199 ...... (869–026–00068–7) ...... 22.00 Apr. 1, 1995 52 ...... (869–026–00010–7) ...... 30.00 Jan. 1, 1995 *200–299 ...... (869–026–00070–1) ...... 7.00 Apr. 1, 1995 53–209 ...... (869–026–00011–5) ...... 25.00 Jan. 1, 1995 *300–499 ...... (869–026–00071–9) ...... 39.00 Apr. 1, 1995 210–299 ...... (869–026–00012–3) ...... 34.00 Jan. 1, 1995 500–599 ...... (869–022–00071–3) ...... 16.00 Apr. 1, 1994 300–399 ...... (869–026–00013–1) ...... 16.00 Jan. 1, 1995 600–799 ...... (869–022–00072–1) ...... 8.50 Apr. 1, 1994 400–699 ...... (869–026–00014–0) ...... 21.00 Jan. 1, 1995 800–1299 ...... (869–022–00073–0) ...... 22.00 Apr. 1, 1994 700–899 ...... (869–026–00015–8) ...... 23.00 Jan. 1, 1995 1300–End ...... (869–026–00075–1) ...... 13.00 Apr. 1, 1995 900–999 ...... (869–026–00016–6) ...... 32.00 Jan. 1, 1995 1000–1059 ...... (869–026–00017–4) ...... 23.00 Jan. 1, 1995 22 Parts: 1060–1119 ...... (869–026–00018–2) ...... 15.00 Jan. 1, 1995 1–299 ...... (869–022–00075–6) ...... 32.00 Apr. 1, 1994 1120–1199 ...... (869–026–00019–1) ...... 12.00 Jan. 1, 1995 *300–End ...... (869–026–00077–8) ...... 24.00 Apr. 1, 1995 1200–1499 ...... (869–026–00020–4) ...... 32.00 Jan. 1, 1995 23 ...... (869–022–00077–2) ...... 21.00 Apr. 1, 1994 1500–1899 ...... (869–026–00021–2) ...... 35.00 Jan. 1, 1995 24 Parts: 1900–1939 ...... (869–026–00022–1) ...... 16.00 Jan. 1, 1995 ...... 1940–1949 ...... (869–026–00023–9) ...... 30.00 Jan. 1, 1995 0–199 (869–022–00078–1) 36.00 Apr. 1, 1994 1950–1999 ...... (869–026–00024–7) ...... 40.00 Jan. 1, 1995 200–499 ...... (869–022–00079–9) ...... 38.00 Apr. 1, 1994 2000–End ...... (869–026–00025–5) ...... 14.00 Jan. 1, 1995 500–699 ...... (869–022–00080–2) ...... 20.00 Apr. 1, 1994 700–1699 ...... (869–022–00081–1) ...... 39.00 Apr. 1, 1994 8 ...... (869–026–00026–3) ...... 23.00 Jan. 1, 1995 1700–End ...... (869–022–00082–9) ...... 17.00 Apr. 1, 1994 9 Parts: 25 ...... (869–022–00083–7) ...... 32.00 Apr. 1, 1994 1–199 ...... (869–026–00027–1) ...... 30.00 Jan. 1, 1995 200–End ...... (869–026–00028–0) ...... 23.00 Jan. 1, 1995 26 Parts: *§§ 1.0-1–1.60 ...... (869–026–00087–5) ...... 21.00 Apr. 1, 1995 10 Parts: §§ 1.61–1.169 ...... (869–022–00085–3) ...... 33.00 Apr. 1, 1994 0–50 ...... (869–026–00029–8) ...... 30.00 Jan. 1, 1995 §§ 1.170–1.300 ...... (869–022–00086–1) ...... 24.00 Apr. 1, 1994 51–199 ...... (869–026–00030–1) ...... 23.00 Jan. 1, 1995 §§ 1.301–1.400 ...... (869–022–00087–0) ...... 17.00 Apr. 1, 1994 200–399 ...... (869–026–00031–0) ...... 15.00 6Jan. 1, 1993 §§ 1.401–1.440 ...... (869–022–00088–8) ...... 30.00 Apr. 1, 1994 400–499 ...... (869–026–00032–8) ...... 21.00 Jan. 1, 1995 §§ 1.441-1.500 ...... (869-022-00089-6) ...... 22.00 Apr. 1, 1994 500–End ...... (869–026–00033–6) ...... 39.00 Jan. 1, 1995 §§ 1.501–1.640 ...... (869–022–00090–0) ...... 21.00 Apr. 1, 1994 11 ...... (869–026–00034–4) ...... 14.00 Jan. 1, 1995 §§ 1.641–1.850 ...... (869–022–00091–8) ...... 24.00 Apr. 1, 1994 §§ 1.851–1.907 ...... (869–022–00092–6) ...... 26.00 Apr. 1, 1994 12 Parts: §§ 1.908–1.1000 ...... (869–022–00093–4) ...... 27.00 Apr. 1, 1994 1–199 ...... (869–026–00035–2) ...... 12.00 Jan. 1, 1995 §§ 1.1001–1.1400 ...... (869–022–00094–2) ...... 24.00 Apr. 1, 1994 200–219 ...... (869–026–00036–1) ...... 16.00 Jan. 1, 1995 §§ 1.1401–End ...... (869–022–00095–1) ...... 32.00 Apr. 1, 1994 220–299 ...... (869–026–00037–9) ...... 28.00 Jan. 1, 1995 2–29 ...... (869–022–00096–9) ...... 24.00 Apr. 1, 1994 300–499 ...... (869–026–00038–7) ...... 23.00 Jan. 1, 1995 30–39 ...... (869–022–00097–7) ...... 18.00 Apr. 1, 1994 500–599 ...... (869–026–00039–5) ...... 19.00 Jan. 1, 1995 40–49 ...... (869–022–00098–4) ...... 14.00 Apr. 1, 1994 ...... 600–End (869–026–00040–9) 35.00 Jan. 1, 1995 50–299 ...... (869–026–00102–2) ...... 14.00 Apr. 1, 1995 13 ...... (869–026–00041–7) ...... 32.00 Jan. 1, 1995 300–499 ...... (869–022–00100–1) ...... 24.00 Apr. 1, 1994 Federal Register / Vol. 60, No. 117/ Monday, June 19, 1995 / Reader Aids v Title Stock Number Price Revision Date Title Stock Number Price Revision Date 500–599 ...... (869–026–00104–9) ...... 6.00 4 Apr. 1, 1990 700–789 ...... (869–022–00154–0) ...... 28.00 July 1, 1994 600–End ...... (869–022–00102–7) ...... 8.00 Apr. 1, 1994 790–End ...... (869–022–00155–8) ...... 27.00 July 1, 1994 27 Parts: 41 Chapters: 1–199 ...... (869–022–00103–5) ...... 36.00 Apr. 1, 1994 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 200–End ...... (869–026–00107–3) ...... 13.00 8Apr. 1, 1994 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 3–6 ...... 14.00 3 July 1, 1984 28 Parts: ...... 7 ...... 6.00 3 July 1, 1984 1-42 ...... (869–022–00105–1) ...... 27.00 July 1, 1994 8 ...... 4.50 3 July 1, 1984 43-end ...... (869-022-00106-0) ...... 21.00 July 1, 1994 9 ...... 13.00 3 July 1, 1984 29 Parts: 10–17 ...... 9.50 3 July 1, 1984 0–99 ...... (869–022–00107–8) ...... 21.00 July 1, 1994 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 100–499 ...... (869–022–00108–6) ...... 9.50 July 1, 1994 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 500–899 ...... (869–022–00109–4) ...... 35.00 July 1, 1994 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 900–1899 ...... (869–022–00110–8) ...... 17.00 July 1, 1994 19–100 ...... 13.00 3 July 1, 1984 1900–1910 (§§ 1901.1 to 1–100 ...... (869–022–00156–6) ...... 9.50 July 1, 1994 1910.999) ...... (869–022–00111–6) ...... 33.00 July 1, 1994 101 ...... (869–022–00157–4) ...... 29.00 July 1, 1994 1910 (§§ 1910.1000 to 102–200 ...... (869–022–00158–2) ...... 15.00 July 1, 1994 end) ...... (869–022–00112–4) ...... 21.00 July 1, 1994 201–End ...... (869–022–00159–1) ...... 13.00 July 1, 1994 1911–1925 ...... (869–022–00113–2) ...... 26.00 July 1, 1994 42 Parts: 1926 ...... (869–022–00114–1) ...... 33.00 July 1, 1994 1–399 ...... (869–022–00160–4) ...... 24.00 Oct. 1, 1994 1927–End ...... (869–022–00115–9) ...... 36.00 July 1, 1994 400–429 ...... (869–022–00161–2) ...... 26.00 Oct. 1, 1994 30 Parts: 430–End ...... (869–022–00162–1) ...... 36.00 Oct. 1, 1994 1–199 ...... (869–022–00116–7) ...... 27.00 July 1, 1994 43 Parts: 200–699 ...... (869–022–00117–5) ...... 19.00 July 1, 1994 1–999 ...... (869–022–00163–9) ...... 23.00 Oct. 1, 1994 700–End ...... (869–022–00118–3) ...... 27.00 July 1, 1994 1000–3999 ...... (869–022–00164–7) ...... 31.00 Oct. 1, 1994 31 Parts: 4000–End ...... (869–022–00165–5) ...... 14.00 Oct. 1, 1994 0–199 ...... (869–022–00119–1) ...... 18.00 July 1, 1994 44 ...... (869–022–00166–3) ...... 27.00 Oct. 1, 1994 200–End ...... (869–022–00120–5) ...... 30.00 July 1, 1994 45 Parts: 32 Parts: 1–199 ...... (869–022–00167–1) ...... 22.00 Oct. 1, 1994 1–39, Vol. I ...... 15.00 2 July 1, 1984 200–499 ...... (869–022–00168–0) ...... 15.00 Oct. 1, 1994 1–39, Vol. II ...... 19.00 2 July 1, 1984 500–1199 ...... (869–022–00169–8) ...... 32.00 Oct. 1, 1994 1–39, Vol. III ...... 18.00 2 July 1, 1984 1200–End ...... (869–022–00170–1) ...... 26.00 Oct. 1, 1994 1–190 ...... (869–022–00121–3) ...... 31.00 July 1, 1994 191–399 ...... (869–022–00122–1) ...... 36.00 July 1, 1994 46 Parts: 400–629 ...... (869–022–00123–0) ...... 26.00 July 1, 1994 1–40 ...... (869–022–00171–0) ...... 20.00 Oct. 1, 1994 630–699 ...... (869–022–00124–8) ...... 14.00 5 July 1, 1991 41–69 ...... (869–022–00172–8) ...... 16.00 Oct. 1, 1994 ...... 700–799 ...... (869–022–00125–6) ...... 21.00 July 1, 1994 70–89 (869–022–00173–6) 8.50 Oct. 1, 1994 90–139 ...... (869–022–00174–4) ...... 15.00 Oct. 1, 1994 800–End ...... (869–022–00126–4) ...... 22.00 July 1, 1994 140–155 ...... (869–022–00175–2) ...... 12.00 Oct. 1, 1994 33 Parts: 156–165 ...... (869–022–00176–1) ...... 17.00 7Oct. 1, 1993 1–124 ...... (869–022–00127–2) ...... 20.00 July 1, 1994 166–199 ...... (869–022–00177–9) ...... 17.00 Oct. 1, 1994 125–199 ...... (869–022–00128–1) ...... 26.00 July 1, 1994 200–499 ...... (869–022–00178–7) ...... 21.00 Oct. 1, 1994 200–End ...... (869–022–00129–9) ...... 24.00 July 1, 1994 500–End ...... (869–022–00179–5) ...... 15.00 Oct. 1, 1994 34 Parts: 47 Parts: 1–299 ...... (869–022–00130–2) ...... 28.00 July 1, 1994 0–19 ...... (869–022–00180–9) ...... 25.00 Oct. 1, 1994 300–399 ...... (869–022–00131–1) ...... 21.00 July 1, 1994 20–39 ...... (869–022–00181–7) ...... 20.00 Oct. 1, 1994 400–End ...... (869–022–00132–9) ...... 40.00 July 1, 1994 40–69 ...... (869–022–00182–5) ...... 14.00 Oct. 1, 1994 70–79 ...... (869–022–00183–3) ...... 24.00 Oct. 1, 1994 35 ...... (869–022–00133–7) ...... 12.00 July 1, 1994 80–End ...... (869–022–00184–1) ...... 26.00 Oct. 1, 1994 36 Parts: 48 Chapters: 1–199 ...... (869–022–00134–5) ...... 15.00 July 1, 1994 1 (Parts 1–51) ...... (869–022–00185–0) ...... 36.00 Oct. 1, 1994 200–End ...... (869–022–00135–3) ...... 37.00 July 1, 1994 1 (Parts 52–99) ...... (869–022–00186–8) ...... 23.00 Oct. 1, 1994 37 ...... (869–022–00136–1) ...... 20.00 July 1, 1994 2 (Parts 201–251) ...... (869–022–00187–6) ...... 16.00 Oct. 1, 1994 38 Parts: 2 (Parts 252–299) ...... (869–022–00188–4) ...... 13.00 Oct. 1, 1994 ...... 0–17 ...... (869–022–00137–0) ...... 30.00 July 1, 1994 3–6 (869–022–00189–2) 23.00 Oct. 1, 1994 7–14 ...... (869–022–00190–6) ...... 30.00 Oct. 1, 1994 18–End ...... (869–022–00138–8) ...... 29.00 July 1, 1994 15–28 ...... (869–022–00191–4) ...... 32.00 Oct. 1, 1994 39 ...... (869–022–00139–6) ...... 16.00 July 1, 1994 29–End ...... (869–022–00192–2) ...... 17.00 Oct. 1, 1994 40 Parts: 49 Parts: 1–51 ...... (869–022–00140–0) ...... 39.00 July 1, 1994 1–99 ...... (869–022–00193–1) ...... 24.00 Oct. 1, 1994 52 ...... (869–022–00141–8) ...... 39.00 July 1, 1994 100–177 ...... (869–022–00194–9) ...... 30.00 Oct. 1, 1994 53–59 ...... (869–022–00142–6) ...... 11.00 July 1, 1994 178–199 ...... (869–022–00195–7) ...... 21.00 Oct. 1, 1994 60 ...... (869-022-00143-4) ...... 36.00 July 1, 1994 200–399 ...... (869–022–00196–5) ...... 30.00 Oct. 1, 1994 61–80 ...... (869–022–00144–2) ...... 41.00 July 1, 1994 400–999 ...... (869–022–00197–3) ...... 35.00 Oct. 1, 1994 81–85 ...... (869–022–00145–1) ...... 23.00 July 1, 1994 1000–1199 ...... (869–022–00198–1) ...... 19.00 Oct. 1, 1994 86–99 ...... (869–022–00146–9) ...... 41.00 July 1, 1994 1200–End ...... (869–022–00199–0) ...... 15.00 Oct. 1, 1994 100–149 ...... (869–022–00147–7) ...... 39.00 July 1, 1994 50 Parts: 150–189 ...... (869–022–00148–5) ...... 24.00 July 1, 1994 1–199 ...... (869–022–00200–7) ...... 25.00 Oct. 1, 1994 190–259 ...... (869–022–00149–3) ...... 18.00 July 1, 1994 200–599 ...... (869–022–00201–5) ...... 22.00 Oct. 1, 1994 260–299 ...... (869–022–00150–7) ...... 36.00 July 1, 1994 600–End ...... (869–022–00202–3) ...... 27.00 Oct. 1, 1994 300–399 ...... (869–022–00151–5) ...... 18.00 July 1, 1994 400–424 ...... (869–022–00152–3) ...... 27.00 July 1, 1994 CFR Index and Findings 425–699 ...... (869–022–00153–1) ...... 30.00 July 1, 1994 Aids ...... (869–026–00053–1) ...... 36.00 Jan. 1, 1995 vi Federal Register / Vol. 60, No. 117/ Monday, June 19, 1995 / Reader Aids Title Stock Number Price Revision Date Subscription (mailed as issued) ...... 264.00 1995 Complete 1995 CFR set ...... 883.00 1995 Individual copies ...... 1.00 1995 1 Because Title 3 is an annual compilation, this volume and all previous volumes Microfiche CFR Edition: should be retained as a permanent reference source. 2 Complete set (one-time mailing) ...... 188.00 1992 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations Complete set (one-time mailing) ...... 223.00 1993 in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing Complete set (one-time mailing) ...... 244.00 1994 those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period Apr. 1, 1990 to Mar. 31, 1995. The CFR volume issued April 1, 1990, should be retained. 5 No amendments to this volume were promulgated during the period July 1, 1991 to June 30, 1994. The CFR volume issued July 1, 1991, should be retained. 6 No amendments to this volume were promulgated during the period January 1, 1993 to December 31, 1994. The CFR volume issued January 1, 1993, should be retained. 7 No amendments to this volume were promulgated during the period October 1, 1993, to September 30, 1994. The CFR volume issued October 1, 1993, should be retained. 8 No amendments to this volume were promulgated during the period April 1, 1994 to March 31, 1995. The CFR volume issued April 1, 1994, should be retained.